PLANNING AND ZONING COMMISSION AGENDA MEMORANDUM

Transcription

1 City and County of Broomfield, Colorado PLANNING AND ZONING COMMISSION AGENDA MEMORANDUM To: Planning and Zoning Commission From: John Hilgers, Planning Director Anna Bertanzetti, Principal Planner Meeting Date Agenda Category Agenda Item # March 10, 2014 Business 4.a 1. Public Hearing on the Second Amendment to the Overlook District Planned Unit Development Plan, Second Amendment to the Overlook District Filing No. 1 Replat B (Terracina Phase II) Site Development Plan, and Use by Special Review for Residential Units Agenda Title: Property Location: Northeast of the intersection of Via Varra and West Midway Boulevard Applicant: Griffis Residential 2. Consideration of Resolution No. PZ Summary The applicant requests approval of a Planned Unit Development (PUD) amendment, site development plan (SDP) amendment, and use by special review for 100 rental residential units and 3,500 square feet of retail space on 3.83 acres. A use by special review is requested for the residential units as required by The Overlook PUD Plan. An amendment to The Overlook PUD Plan is requested to modify the location and number of residential units, increase the allowed floor area ratio, reduce the setback from Via Varra from 30 feet to 20 feet, reduce internal property line setbacks from 20 feet to 10 feet, and allow a two foot increase in height for architectural features on the residential buildings. The owner has requested an amendment to the Comprehensive Land Use Map to change the land use designation from Mixed-Use Commercial to Urban Residential for the 12.1 eastern acres of The Overlook PUD area in the location of the existing Terracina apartments. The land use amendment would allow additional residential units to be built west of the existing apartments within the existing Mixed-Use Commercial land use area. The subject site had originally been approved for 33,250 square feet of retail and office buildings. The proposed PUD Plan and SDP amendments would allow the retail and office buildings to be replaced with new residential buildings with 100 total residential units and a 3,500 square foot ground floor retail at the project entrance from Via Varra. Variances are requested from the Broomfield Municipal Code related to temporary signage and landscaping. Temporary signage for multifamily development is not addressed by the code and the applicant would like the ability to use banners to advertise leasing specials periodically. The variances related to landscaping are consistent with previously approved variances for Terracina apartments and would allow a reduction in the landscape materials in locations where utility easements limit the developer's ability to plant new trees. Proposed Resolution No. PZ would recommend approval, approval with conditions, or denial of the PUD Plan amendment, SDP amendments, and use by special review. Prior Council Action July 6, 1995, Broomfield annexed the property by Ordinance Number June 12, 2007, Council approved a site development plan (SDP) amendment, final plat, and planned unit development (PUD) plan amendment for a 20,000 square foot retail building on the north site and a 13,250 square foot retail building on the south site by Resolution Financial Considerations The land use plan designation for the property is Mixed-Use Commercial. The proposed land uses are inconsistent with the land use assumptions established in the Long Range Financial Plan since more than 30% of the total Overlook PUD Plan area would be comprised of residential land use. The proposed land use amendment, if approved, would change the estimated long range revenues to expenditures ratio from (as approved with Amendment 31 for Palisade Park) to which would result in a projected annual net decrease to Broomfield of approximately $668,210 per year at Broomfield's buildout. Alternatives Based on the testimony and evidence presented on the record at the public hearing: If the proposed application complies with applicable Broomfield Municipal Code (BMC) review standards, The Overlook PUD, and is consistent with the intent of the Comprehensive Plan: o Recommend the Broomfield City Council approve the application as is or with conditions. If the proposed plans do not comply with applicable BMC review standards, The Overlook PUD and are inconsistent with the intent of the Comprehensive Plan: o Postpone action on the resolution and continue the hearing to a date certain; or o Recommend the Broomfield City Council deny the application. Proposed Actions/Recommendations Hold the public hearing. Following and subject to the results of the public hearing, the Commission may either Adopt Resolution No for approval with or without conditions; or Adopt Resolution No for denial. Item 4.a. - Page 1

2 Overlook District (Terracina Phase II) PUD Plan and SDP Amendments and USR Page 2 I. SUMMARY OF APPLICATION Griffis Residential is requesting approval for 100 apartment units on two lots located east of Via Varra and north of West Midway Boulevard. In addition to the residential use, a single multi-purpose building would be located on the site to provide 3,500 square feet of retail/commercial space and community space (clubhouse) for the residential development. The TC Apartments II, LLC, acquired the properties in order to expand the success of the Terracina apartment development, which was recently completed on the property to the east. The proposed 100 residential units would be a continuation of the Terracina development and residents would share common amenities such as pools and the dog park. Property Owner and Applicant The property owner is TC Apartments II, LLC, represented by Mr. David Birnbaum. The applicant is Griffis Residential, represented by Mr. Scott Yeates. Item 4.a. - Page 2

3 Overlook District (Terracina Phase II) PUD Plan and SDP Amendments and USR Page 3 Changes Since Concept Review Comments received during the concept review included concerns regarding the height of the building, compliance with parking requirements, and consistency between the two phases of the project in terms of architectural character. The applicant has reduced the height of the building from four story to three story buildings. The applicant has ensured minimum parking requirements are met. The architecture has been modified to ensure more consistency between the existing Terracina apartment site and this proposed expansion including curved windows, common materials, common colors, and similar tower features. II. ZONING, PREVIOUSLY APPROVED DEVELOPMENT PLANS FOR THE PROPERTY, AND STATUS OF DEVELOPMENT Zoning, Previously Approved Development Plans The zoning of the property is PUD. On June 12, 2007, Council approved the Overlook District Planned Unit Development Plan Amendment #1 for this property by Resolution No The approved PUD Plan allows multi-family residential uses as a use by special review on the east side of Via Varra. Concurrent with the PUD plan amendment, Council approved a SDP for the two properties adjacent to Via Varra for a 20,000 square foot retail building on the northern property and a 13,250 square foot building on southern property. The illustrative on the right of the page shows the approved retail buildings. The SDP also included the Terracina apartment development on the adjacent property to the east, which included 376 rental The apartment buildings were completed, but retail buildings were not constructed. the side units. the Status of the Development Catalina Development built the approved 376 apartment units and ten live/work units. In 2011, Catalina Development sold the properties to Terracina Villas, LLC, and TC Apartments II, LLC (both companies related to Griffis Residential). Currently, the Terracina apartments is the only completed development within the Overlook District PUD area. Item 4.a. - Page 3

4 Overlook District (Terracina Phase II) PUD Plan and SDP Amendments and USR Page 4 III. APPLICABLE CITY AND COUNTY OF BROOMFIELD PLANS Relationship to Comprehensive Plan and Financial Plan Comprehensive Plan and 96th St./NW Parkway Sub-Area Plan The comprehensive plan and sub-area plan designation for all properties within the Overlook PUD is mixed-use commercial. The mixed-use commercial designation allows for a mix of commercial uses with supporting multi-family or single-family attached residential uses provided that no more than 30 percent of the land area should be utilized for residential uses. The existing Terracina apartments occupy 30% of the land area within the Overlook PUD. Conversion of the retail lots to residential uses would bring the residential uses to 45 percent of the total area of the Overlook designated for mixed-use/commercial. The applicant has requested a comprehensive land use map amendment to revise the land use designations within the Overlook to allow more than 30% of the Overlook to be utilized for residential land uses. Per the applicant's request, 11 acres of the existing Terracina property would be designated as urban residential and the remaining area within the Overlook would remain mixed-use commercial. This allows up to 6 additional acres of residential within the Overlook. The Overlook PUD Plan does not permit residential uses west of Via Varra and the proposed developed would occupy the remaining 3.8 acres east of Via Varra, if the PUD plan amendment, SDP amendment, and USR amendment are approved. Item 4.a. - Page 4

5 Overlook District (Terracina Phase II) PUD Plan and SDP Amendments and USR Page 5 Financial Plan This proposal shows an increase in the residential development and reduction in the commercial land uses within the Overlook PUD, which alters the projected ratio of revenues to expenditures in the long range financial plan. According to staff's calculations, the development would reduce the ratio of revenues to expenditures from (as approved with the 31st amendment to the Comprehensive Plan related to the Palisade Park development) to which would result in a projected annual net decrease to Broomfield of approximately $668,210 per year at Broomfield's buildout. The summary at the top of the following table presents Broomfield s total projected revenues, less expenditure, as amended by recent developments. The applicant s estimated project valuation for the land is $1.5 million and new construction is $16.5 million. Goals and Policies Elements of the proposed project could help meet the following Comprehensive Plan goals: Goal LU-A Provide an appropriate mix of land uses that ensures sustained economic vitality; and Goal HO-C - Encourage a diversity of populations by providing a variety of housing types that serve a broad spectrum of households. Item 4.a. - Page 5

6 Overlook District (Terracina Phase II) PUD Plan and SDP Amendments and USR Page 6 Area Context and Property Location IV. AREA CONTEXT Existing Development The map below shows the proposed development over an aerial photograph. The Broomfield Business Center is on the north side of the Overlook District and Parkway Circle is on the south side of the Overlook District. The area surrounding Via Varra has become a significant center for multi-family development in Broomfield. Council approved four multi-family development projects in the area: Vantage Pointe, Terracina, Catania, and the Broomfield Business Center apartments (the Retreat at the Flatirons). These four multi-family developments account for 1,057 rental units and 351 for sale units on approximately 56 acres of land in the area. In addition, two hotels have been approved in the area: the 123-room Hyatt Summerfield (constructed); and the 129-room Cambria Suites (approved, but not constructed). The following map shows the project over a map of the area, including the approved residential projects in the area. Item 4.a. - Page 6

7 Overlook District (Terracina Phase II) PUD Plan and SDP Amendments and USR Page 7 Surrounding Land Uses ADJACENT USE / ZONING COMPREHENSIVE PLAN DESIGNATION North Residential Under Construction PUD Mixed-Use Commercial South Residential PUD Mixed-Use Commercial East Residential PUD Mixed-Use Commercial West Undeveloped PUD Mixed-Use Commercial Description V. CURRENT APPLICATION DETAILED DESCRIPTION AND STAFF REVIEW The applicant s proposal is for 100 residential rental units, 3,500 square feet of retail space, and a clubhouse located between Via Varra and Terracina apartments in the Overlook PUD. The proposed apartments would be a continuation of the Terracina apartment project and tenants would have access to recreation amenities at the existing Terracina development. The rental units will be within three story buildings with tuck under garage space access from the parking lots. Background/Base Data 1. PROPERTY OWNER TC Apartments II, LLC 2. APPLICANT Griffis Residential 3. PROPERTY LOCATION East of Via Varra and North of West Midway Boulevard 4. PROPERTY SIZE (COMBINED) Approximately 3.83 Acres 5. CURRENT ZONING PUD 6. CURRENT LAND USE Undeveloped 7. PROPOSED LAND USE Mixed-use Multi-family Residential with Supplemental Commercial 8. COMPREHENSIVE PLAN DESIGNATION Mixed-use Commercial Item 4.a. - Page 7

8 Overlook District (Terracina Phase II) PUD Plan and SDP Amendments and USR Page 8 Land Use Summary The following table and graphic are a composite land use summary for the project. Land Use Residential Building Coverage Commercial Building Coverage Square Feet Acres % Coverage OVERLOOK - TERRACINA LAND USE SUMMARY TABLE Units Gross Density DU/A Unit Sizes Square Feet Min Avg Max Avg. Projected Rental Price 39, % ,400 $1.45/sq. ft. 4, % Project Value Open Area 68, % N/A N/A N/A N/A Streets & $16.5M 53, % N/A N/A N/A N/A Improvements Driveways TOTALS 166, % ,400 $1.45/sq.ft. $18M $1.5M Land Composite Land Use Graphic Building Coverage 24% Street/Drive Coverage 32% Open Area Coverage 41% Item 4.a. - Page 8

9 Overlook District (Terracina Phase II) PUD Plan and SDP Amendments and USR Page 9 Site Layout The proposed site layout depicts two three-story apartment buildings and one two-story mixed-use building. The mixed-use building will include 3,500 square feet of retail or other commercial square footage on the ground floor and the remainder of the 8,660 square foot building will be utilized as a common amenity (such as a clubhouse) for the residential development. Recreation amenities with this phase will include a fenced dog park along the south side of the project and a community garden on the south side of the entry drive. Residents will also be able to utilize pools and other recreation amenities constructed as part of the first phase of the Terracina apartment development. Access, Circulation and Parking Access to the residential development will be from the shared access drive from Via Varra. The units are accessible from sidewalks along the perimeter of each parcel. The proposed development with 100 residential units and 3,500 square feet of commercial use requires a total of 187 parking spaces (167 spaces for the residential and 14 spaces for the commercial). The proposed site plan meets the minimum parking requirement with a total of 189 parking spaces. The parking includes 57 new garage spaces, 88 new surface spaces, and 44 spaces previously constructed with the first phase of the Terracina development. The developer of the first phase of Terracina apartments constructed the 44 parking spaces along internal drives within the Overlook as required by the approved Overlook District Filing No. 1 Replat B (Terracina) Site Development Plans. When approved as part of that site development plan the spaces were intended to serve future development on the lots adjacent to Via Varra. Architecture The concept plans show two three-story buildings and one two-story building that use colors and materials with the existing Terracina apartments. The proposed architecture is compatible with the existing apartments showing raised towers, balconies, arched windows, and varied heights of stone work. However, the architecture is different from the existing apartments with some flat roof elements. The flat roof elements provide a more modern look than the existing apartments, which may help transition from the more classical Italianate style of the existing buildings to the very modern look of other apartment buildings built in Parkway Circle. Landscaping and Drainage The proposed landscaping is consistent with the existing landscape at Terracina Apartments. To ensure compatibility between sites, the applicant has increased the landscaped area between the northern building (Building 2) and the north property line. The increased setback of 30 feet is consistent with the Sub-Area Plan design guidelines and will provide a visual buffer between the apartments and future commercial development on adjacent parcels. A public trail was constructed along the south side of the parcel concurrent with the first phase of Terracina Apartments. Landscaping along the trail is limited to turf and shrubs due to the presence of a public utility easement. The applicant has therefore provided trees closer to the building, but these will also provide visual interest to the trail corridor. A private sidewalk runs parallel to the public trail. The private sidewalk is located on private property and would be maintained by the apartment development. The public trail is located on public property and is maintained by the City and County of Broomfield. Item 4.a. - Page 9

10 Overlook District (Terracina Phase II) PUD Plan and SDP Amendments and USR Page 10 With 41% open area coverage, the site meets the 40% open area requirement of the Broomfield Municipal Code for residential projects and exceeds the open area required by the Overlook PUD (25%) for the parcel. Private open areas on site include landscaping, walkways, a community garden, and a dog park. Public Lands Broomfield s Open Space, Parks, Recreation and Trails Master Plan public land dedication policy requires residential developments to provide 24 acres per 1,000 residents. The Open Space, Parks, Recreation and Trails Master Plan recommends a minimum of 25% of a project area be dedicated for public lands and the balance of the public land dedication to be provided on site or as cash-in-lieu. Based on 100 units at an estimated 1.91 residents per apartment unit, the proposed development would have an estimated population of 191 residents. The public land dedication obligation is acres. The total project area is 3.8 acres. 25% of the residential project area equals acres. Using the Open Space, Parks, Recreation and Trails Master Plan, the developer is required to provide a minimum of acres of open land dedication on-site with the remaining acres (4.584 acres acres = acres) provided as additional on-site dedication or cash-in-lieu. After reviewing the site with Broomfield staff from Parks and Recreation, staff determined a public park of less than one acre in size and adjacent to Via Varra could have limited recreational benefit. Additional land was not available for purchase near Del Corso Park (under construction north of this site) at this time. As such, the applicant requested consideration of a proposal for 100% cash-in-lieu of dedication. To compensate for the fact on-site dedication could not be accommodated on the site, the applicant is proposing to dedicate cash-in-lieu of the acres of land equal to an estimated value of the land. The applicant has estimated the value of the land at $261,506 per acre. Based on this value, the cashin-lieu payment for the acres of land would be $250,000, which is significantly more than the typical cash-in-lieu value of $43,560 per acre. The remaining balance of cash-in-lieu (3.628 acres) would be provided at the typical cash-in-lieu value paid by developers ($43,560 per acre). The payment for the remaining balance would be $158,036. The total cash-in-lieu for all acres would be $408,036. The timing for the payment will be specified in the subdivision improvement agreement. Building Permit Allocation The applicant is requesting the site be exempt from building permit allocation requirements per of the Broomfield Municipal Code. Multi-family residential developments may be exempted by City Council on a case-by-case basis. VI. STAFF REVIEW OF KEY ISSUES There are no key issues identified by staff regarding the application. Item 4.a. - Page 10

11 Overlook District (Terracina Phase II) PUD Plan and SDP Amendments and USR Page 11 VII. APPLICABLE MUNICIPAL CODE STANDARDS The Planning and Zoning Commission reviews the PUD Plan amendment, site development plan amendment, and use by special review applications based on the following provisions of the Broomfield Municipal Code: PLANNED UNIT DEVELOPMENT PLAN PUD plan; hearing and notice; planning and zoning commission. The planning and zoning commission shall hold a public hearing on the PUD plan. Notice shall be given in accordance with the provisions of chapter PUD plan; recommendation; planning and zoning commission. Within thirty days of the conclusion of its public hearing, the planning and zoning commission shall adopt a resolution of approval, disapproval, or conditional approval. If the recommendation is for conditional approval, the conditions under which the PUD plan would be acceptable shall be set forth PUD plan; review standards. The recommendation of the planning and zoning commission and the decision of the city council shall be based on whether the applicant has demonstrated that the proposed PUD plan meets the following standards: (A) The proposal should be consistent with the intent of this chapter as set forth in section (B) The proposal should be consistent with the master plan. (C) The proposal should identify and mitigate potential negative impacts on nearby properties, other areas of the city, and the city as a whole. (D) The proposal should identify and maximize potential positive impacts on nearby properties, other areas of the city, and the city as a whole. (E) The proposal should include adequate facilities for pedestrians, bicyclists, and motorists. (F) The proposal should include adequate public improvements (both on and off site) to be provided in a timely fashion. (G) The proposal should optimize conservation of energy, water, and other resources on a broad scale. (H) The land uses within the plan should be compatible with one another and with nearby properties. (I) The proposal should provide for open space at a rate of not less than forty percent of the developable site in residential areas and twenty-five percent in other areas as provided in section below. (J) The proposal should adequately provide for an organization for ownership and maintenance of any common areas. (K) The proposal should justify any proposed deviations from the Broomfield Municipal Code in terms of the overall quality of the plan. SITE DEVELOPMENT PLAN Review standards. The recommendation of the planning and zoning commission and the decision of the city council shall be based on whether the applicant has demonstrated that the proposed site development plan meets the following standards: (A) The proposal should be consistent with the intent of this chapter as set forth in section (B) The proposal should identify and mitigate potential negative impacts on nearby properties. (C) The proposal should identify and maximize potential positive impacts on nearby properties. (D) The proposal should include adequate facilities for pedestrians, bicyclists, and motorists. (E) The proposal should include adequate public improvements (both on and off site) to be provided in a timely fashion. (F) The proposal should optimize conservation of energy, water, and other resources on a site-specific scale. (G) The land uses within the plan should be compatible with one another and with nearby properties. (H) The proposal should provide for open area at a rate of not less than forty percent of the developable site in residential areas and twenty-five percent in other areas as provided in section below. (I) The proposal should include any common areas serving the site, and adequate provisions should be made for the ownership and maintenance of such areas. (J) The proposal should justify any proposed deviations from the Broomfield Municipal Code in terms of the overall quality of the plan. (K) The proposal should be consistent with the approved PUD plan. (L) For residential-use PUD plans and site development plans, the proposal should be consistent with adopted uniform standards. (Ord , 1987; Ord , 1994; Ord , 1995; Ord , 1998; Ord , 2011) Site development plan; hearing and notice; planning and zoning commission. The planning and zoning commission shall hold a public hearing on the site development plan. Notice shall be given in accordance with the provisions of chapter (Ord , 1987; Ord , 1995; Ord , 2011) Item 4.a. - Page 11

12 Overlook District (Terracina Phase II) PUD Plan and SDP Amendments and USR Page Site development plan; recommendation; planning and zoning commission. Within thirty days of the conclusion of its public hearing, the planning and zoning commission shall adopt a resolution of approval, disapproval, or conditional approval. If the recommendation is for conditional approval, the conditions under which the site development plan would be acceptable shall be set forth. (Ord , 1987; Ord , 1995; Ord , 2011) Exceptions. For good cause shown by the applicant, the city council may eliminate, alter, or vary some or all of these uniform subdivision standards for a residential PUD plan or for a residential site development plan. (Ord , 1997) USE BY SPECIAL REVIEW Approval required. Uses permitted by special review may be allowed in the designated districts upon approval by the city council following recommendations by the planning and zoning commission. (Ord. 149 Art. 17 (part), 1973; Ord , 1995; Ord , 2011) Request; submittal when. All requests for a use permitted by special review shall be submitted in writing to the secretary of the planning and zoning commission meeting and shall include an application fee of $ (Ord. 149 Art. 17 1(1), 1973; Ord , 1995; Ord , 2002; Ord , 2011) Application; contents. (A) The application shall contain a site plan showing, when applicable, the location of the building, off-street parking areas, offstreet loading areas, service and refuse areas, ingress and egress to the property; major landscaping or other screening proposals, signs, pedestrian areas, a time schedule for development, and any other items which may help the planning and zoning commission to make a reasonable recommendation. (B) The application for uses permitted by special review for oil or gas wells or for injection wells shall follow the application requirements set forth in chapter (C) The application for uses permitted by special review for wireless communications towers shall follow the application requirements set forth in chapter 17-35, B.M.C. (Ord. 149 Art. 17 1(2), 1973; Ord , 1987; Ord , 1993; Ord , 1994; Ord , 1995; Ord , 1996; Ord , 2000; Ord , 2011) Request; review. The planning and zoning commission shall hold a public hearing on the request. Notice shall be given in accordance with the provisions of chapter (A) Except for oil and gas wells or injection wells, factors to be considered are the relation of the requested uses to the character of the surrounding neighborhood, the desirability and need for such a use in the specific area of the community, adverse environmental influence that might result from its location, and, in general, compliance with the intent of this title. (B) For oil and gas wells or injection wells, the review criteria shall be the factors set forth in section (Ord , 1983; Ord , 1993; Ord , 1995; Ord , 2011) Request; recommendation; conditions. After completing its review of a special review request, the planning and zoning commission shall submit its written report and recommendation to the city council. The recommendation shall either be a recommendation to approve, to approve with conditions, or to deny the request. If the recommendation is to approve with conditions, the recommendation shall set forth the conditions and those requirements as deemed necessary to protect the health, safety, and welfare of the community. (Ord. 149 Art. 17 1(4), 1973; Ord , 1995; Ord , 2011) Request; approval, conditional approval; denial. The city council shall consider the request and the planning and zoning commission's recommendation and shall make a final decision of approval, or approval with conditions, or of denial. Factors to be considered are those specified in section The city council shall hold a public hearing prior to making its final decision. Notice shall be given in accordance with chapter (Ord , 1983; Ord , 1995; Ord , 2011) Decision to be stated in official minutes. Any decision of the planning and zoning commission or city council on special reviews shall state in the official minutes the reasons for such decision. (Ord. 149 Art. 17 1(6), 1973; Ord , 1995; Ord , 2011) Approval; period; void when. All special review requests approved by city council prior to January 1, 1988, shall be valid for one year from the approval date. All special review requests approved by city council after January 1, 1988, shall be valid for three years from the approval date. If the approved use is in operation by the end of the specified period, the approval shall remain valid so long as the use continues. If the approved use is not in operation at the end of the specified period, or if it thereafter ceases, the approval shall be deemed void and of no further force and effect, and no building or other construction permits shall be issued until and unless the special review request is reapproved by the city council. (Ord , 1987) Item 4.a. - Page 12

13 PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ A RESOLUTION RECOMMENDING APPROVAL OF THE OVERLOOK DISTRICT - SECOND PUD PLAN AMENDMENT, THE OVERLOOK DISTRICT - FILING NO. 1 REPLAT B (TERRACINA - PHASE II) SITE DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR RESIDENTIAL UNITS APPROXIMATELY LOCATED AT THE NORTHEAST CORNER OF VIA VARRA AND MIDWAY BOULEVARD BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY AND COUNTY OF BROOMFIELD, COLORADO: Section 1. The Broomfield Planning and Zoning Commission finds that: 1.1 An application for a The Overlook District - Second PUD Plan Amendment, The Overlook District - Filing No. 1, Replat B (Terracina - Phase II) Site Development Plan, and Use By Special Review for residential units has been submitted. 1.2 Said application consists of the following sheets: The Overlook District - Second Amendment, An Amendment to The Overlook District PUD Plan Four 8.5" x 11" pages The Overlook District Filing No. 1, Replat B (Terracina Phase II) Site Development Plan 2nd Amendment Fifteen 11" x 17" pages 1.3 Said application was considered during a public hearing held March 10, Proper notice was given in accordance with chapter of the Broomfield Municipal Code. 1.5 Said application is in conformance with the applicable requirements of the Broomfield Municipal Code. 1.6 Said application may include certain variances from the Broomfield Municipal Code provisions. Section 2. This Resolution constitutes the written report, findings, and recommendation or decision of the Broomfield Planning and Zoning Commission. Section 3. Recommendation. On the basis of the above, the Broomfield Planning and Zoning Commission recommends approval of the application with the following conditions: 3.1 The applicant 3.2 The applicant. 3.3 The applicant. PASSED on March 10, Chairman Planning and Zoning Commission Secretary Planning and Zoning Commission Item 4.a. - Page 13

14 PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ A RESOLUTION RECOMMENDING DENIAL OF THE OVERLOOK DISTRICT - SECOND PUD PLAN AMENDMENT, THE OVERLOOK DISTRICT - FILING NO. 1 REPLAT B (TERRACINA - PHASE II) SITE DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR RESIDENTIAL UNITS APPROXIMATELY LOCATED AT THE NORTHEAST CORNER OF VIA VARRA AND MIDWAY BOULEVARD BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY AND COUNTY OF BROOMFIELD, COLORADO: Section 1. The Broomfield Planning and Zoning Commission finds that: 1.1 An application for a The Overlook District - Second PUD Plan Amendment, The Overlook District - Filing No. 1, Replat B (Terracina - Phase II) Site Development Plan, and Use By Special Review for residential units has been submitted. 1.2 Said application consists of the following sheets: The Overlook District - Second Amendment, An Amendment to The Overlook District PUD Plan Four 8.5" x 11" pages The Overlook District Filing No. 1, Replat B (Terracina Phase II) Site Development Plan 2nd Amendment Fifteen 11" x 17" pages 1.3 Said application was considered during a public hearing held March 10, Proper notice was given in accordance with chapter of the Broomfield Municipal Code. 1.5 Said application is not in substantial compliance with the applicable requirements of the Broomfield Municipal Code. The application is deficient for the following reasons: a. b. Section 2. This Resolution constitutes the written report, findings, and recommendation or decision of the Broomfield Planning and Zoning Commission. Section 3. Recommendation. On the basis of the above, the Broomfield Planning and Zoning Commission recommends denial of the application. PASSED on March 10, Chairman Planning and Zoning Commission Secretary Planning and Zoning Commission Item 4.a. - Page 14