Board Summary Report

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1 Board of County Commissioners: Public Hearing Agenda, August 7, 2018 Agenda Item: # Date: July 25, 2018 To: Through: From: Subject: Board of County Commissioners Jan Yeckes, Planning Division Manager Bill Skinner, Senior Planner Board Summary Report Case No. P16-018, Xenia Street Townhomes Final Plat Request and Recommendation The owner, 8850 Xenia LLC., is seeking approval of a Final Plat (FP) known to the County as Case # P Xenia Street Townhomes Final Plat. The plat proposes lots and tracts for construction of 28 townhome units on a 1.43 acre site. Location & Vicinity Map The site is located at 8850 E Mississippi Ave in the 4 Square Mile Area, on the southeast corner of the intersection of E. Mississippi Ave and S. Xenia St. This site is located in Commissioner s District No. 4. Aerial Photo of Subject Property and Surrounding Area

2 Board of County Commissioners: Public Hearing Agenda, August 7, 2018 Agenda Item: # Vicinity Map and Adjacent Zoning Excerpt from Sheet 2 of the Xenia Street Townhomes Final Plat Exhibit Adjacent Subdivisions, Zoning, and Land Use North of the subject property across Mississippi Avenue is The Breakers, a multi-family attached residential development in the City and County of Denver. South of the subject property on both sides of the Xenia Street cul-de-sac are 10 single family detached lots and homes. Nine of these lot as are zoned R-3, and one is zoned R-A

3 Board of County Commissioners: Public Hearing Agenda, August 7, 2018 Agenda Item: # East and abutting the subject property is the Yosemite Village two-story condominium community. Previously named Cinnimon (this is the correct spelling) this community is zoned R- 4 PUD, and was built at a density of 11 du/ac. West of the subject property across Xenia Street is the Arapahoe Green multi-family attached development. Arapahoe Green is zoned MU-PUD and was approved with a maximum density of 13.8 DU/ac. Background The zoning is R-PH per the Xenia Street Townhome PDP. This PDP was approved by the Board of County Commissioners on May 3, The site plan for this property was approved by the Board as FDP P on August 22, This FDP depicts a site design that conforms to the lots and tracts proposed in this Final Plat. Links to Align Arapahoe This request, if approved, will likely improve the County s economic environment by creating lots that will be available for sale and future development. This may generate jobs for constructing improvements on the property. Discussion Staff review of this application included a comparison of the proposal to policies and goals outlined in the Comprehensive Plan, the Final Plat Regulations section of the Land Development Code, existing uses, and an analysis of referral comments. Four Square Mile Sub Area Plan (4SMP) The 4SMP recommends this area be developed as Multi Family housing at densities of 13 to 25 du/ac. This plat proposes a density of 19.6 du/ac and as such conforms to direction provided in the 4SMP. Comprehensive Plan The Arapahoe County Comprehensive Plan (Comp Plan) designates this site as Urban Residential. Urban Residential areas are anticipated to have residential development that is supported by neighborhood commercial centers with locally oriented shops and services typically including grocery stores, retail shops, convenience stores, personal and business services, offices, community facilities, and other uses designated to serve the local area. The applicant s proposal to for a plat intended to accommodate 28 residential units on a 1.43 acre site meets the direction provided by the Comp Plan for Urban Residential areas. This application complies with the following Goals and Policies of the Comp Plan: GOAL Growth Management (GM) 1 Ensure a Compact Land Development Pattern Policy GM 1.1 Direct Growth to the Urban Area. The proposed development is in the Urban Growth Area.

4 Board of County Commissioners: Public Hearing Agenda, August 7, 2018 Agenda Item: # Strategy GM 1.1(c) Allow Urban Development within the Designated Growth Areas Only When All Urban Services and Infrastructure Can Be Provided. If approved, the proposed plat will result in the creation of 28 townhomes units at a density of 19.6 du/ac in close proximity to existing services in the Urban Area. Policy GM 1.2 Encourage Infill Development and Redevelopment. The proposed application is located in a Designated Growth Area. Policy GM 3.1 Direct Future Development to Areas with Low Risks from Natural and Man-made Hazards. The proposed development does not coincide with an area of known natural or man-made hazards GOAL Public Facilities and Services (PSF) 2 Integrate Water and Land Use Planning Policy PFS 2.1 Require Adequate Water Availability for Proposed Development. The proposed development is served by an established water and sanitation district. Policy PFS 5.1 Continue to Coordinate Stormwater and Flood Control Plans. The County requires review of all land development applications in the western portion of the County by SEMSWA and UDFCD (for construction and improvements in or near a floodplain) for requirements for stormwater detention, conveyance and treatment, and erosion control. The concerns stated above have been considered during the review of this development application. Strategy PFS 5.1(a) Continue to Implement Stormwater and Erosion Control Requirements. The County will continue to require improvements and procedures as recommended by UDFCD and SEMSWA during the development review process. The application was referred to the Urban Drainage and Flood Control District (UDFCD) for review and comment. Policy PFS 6.1 Continue Collaboration with Utility Companies in the Development Review Process. Utility providers received referrals during the review process and provided comments as they determined necessary. GOAL PFS 9 Ensure that the Educational Needs of Existing and New Developments Are Met. Cash in lieu of land dedication will be provided. Policy PFS 9.1 Continue to Collaborate with School Districts to Address Educational Needs. The local school district was included in the review and referral process. GOAL PFS 10 Ensure Adequate Access to County Library Resources in Existing and New Development. The Library District was included in the review and referral process. Final Plat Analysis Chapter 14, Section 302 of the Land Development Code which states that, A Final Plat may be approved upon the finding by the Board that the application will: a. Provide for a public water supply.

5 Board of County Commissioners: Public Hearing Agenda, August 7, 2018 Agenda Item: # The existing parcel is currently served by the Cherry Creek Valley Water and Sanitation District. The District has provided a will serve letter and the Colorado Division of Water Resources indicated that the proposed development met their requirements during the Preliminary Development Plan process. b. Provide for a public sewage disposal system. The existing parcel is currently served the by the Cherry Creek Valley Water and Sanitation District. The District has provided a will serve letter. c. Provide evidence to show that all areas of the proposed subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the subdivider, and that the proposed uses of these areas are compatible with such conditions. There is no indication that there is any soil or topographical conditions on this property that present hazards or require special precautions. d. Comply with all applicable zoning regulations governing the property as adopted by the Board of County Commissioners. The proposed plat is located within the area zoned by the Z Xenia Street Townhomes Preliminary Development Plan and P Xenia Street Townhomes Final Development Plan, which were reviewed and approved by the Board. The proposed plat does not present any conflicts with that zoning document. e. Comply with the Mineral Resource Areas in the Regulation for Areas of Special Interest as adopted in the Arapahoe County Zoning Regulations. Minerals do not appear to be economically recoverable at this location. Referral Comments Comments received during the referral process are as follows: Arapahoe County Planning Arapahoe County Engineering Services Division Arapahoe County Mapping Arapahoe County Zoning Arapahoe County Sheriff Cunningham/South Metro Fire Protection District Library District City and County of Denver Post Office Comments have been addressed Comments and TRC concerns have been addressed Comments have been addressed Comments have been addressed Comments have been addressed, Fire District comments were addressed during the FDP process. A portion of the cash in lieu was requested during the review of the PDP for this proposal

6 Board of County Commissioners: Public Hearing Agenda, August 7, 2018 Agenda Item: # Arapahoe County Open Space Division Cherry Creek School District Tri-County Health Department Colorado Geological Survey West Arapahoe Conservation District CDOT Region 6 Access RTD Century Link XCEL Energy Army Corps of Engineers Colorado Division of Water Resources SEMSWA Urban Drainage Four Square Mile Area Neighbors (4SMN) Yosemite Village HOA Requests the cash-in-lieu of public land dedication be assessed by the appraised value method. on Final Plat; the District requested using the appraised value method for cash-in-lieu during the Preliminary Development Plan review for this property. to the FP, but did respond during the PDP review with direction that proper procedures must be followed when abandoning existing septic facilities and demolishing existing buildings. No objection A letter explaining the developer s responsibilities was provided during the review of the PDP for this site. A will serve letter from the local water district has satisfied CDoWR requirements. (comment received during PDP review). Comments have been addressed Land Dedication Requirements Arapahoe County cash in lieu of land calculations are based on residential units added to a property and the resulting increase in density, or the increase in residential units per acre. This final plat application proposes platting for a townhome development having 28 residential units. This is an increase of 23 units above the five residential units existing on the property today. The Cherry Creek School District has requested that cash in lieu of land dedications for local schools be made using the fair market appraisal method as allowed in the Land Development Code. A specific value of $374, per acre was determined based on the January 27, 2015 purchase price for the property as recorded at reception # D with the Arapahoe County Clerk and Recorders office. Based on this the staff calculated a cash in lieu requirement as shown below, to be satisfied before the plat will be forwarded to the BOCC for signature: Cash in Lieu totals: Public Schools $43, Public Parks $90, Other Public Uses $ 3, Total $138, Staff Findings Staff has visited the site, reviewed the plans, supporting documentation, and referral comments. Based upon review of applicable development regulations and analysis of referral comments, our findings include:

7 Board of County Commissioners: Public Hearing Agenda, August 7, 2018 Agenda Item: # 1. The application complies with the submittal requirements for a Final Plat which are contained in Chapter 14, Section 302 of the Arapahoe County Land Development Code. Recommendations Planning Commission: Final Plats are not reviewed by the Planning Commission and no Planning Commission recommendation is available. Staff: Staff is recommending approval of this Final Plat with conditions of approval. Considering the findings and other information provided herein, Staff recommends approval of Case No. P16-018, Xenia Street Townhomes Final Plat subject to the following conditions of approval: 1. Prior to signature of the final copy of these plans the applicant must address Public Works Staff comments and concerns. 2. Prior to recording of the plat, the applicant will pay a total amount of cash-in-lieu of $138, to be distributed as follows: Schools: $43,629.59; Public Parks: $90,873.47; and Other Public Purposes: $3, Alternatives The Board of County Commissioners has 3 alternatives: 1. Approve the application with Conditions of Approval. 2. Continue to a date certain for more information. 3. Deny the application. Fiscal Impact This request might have some positive fiscal impact on the County based on the employment created to build the proposed infrastructure and homes, as well as potentially increased property tax assessed valuation. Concurrence The PWD Staff recommends approval with conditions for this case. Reviewed By: Bill Skinner, Senior Planner Jason Reynolds, Current Planning Program Manager Jan Yeckes, Planning Division Manager Dave Schmit, Director of Public Works and Development Todd Weaver, Finance Department Bob Hill, Senior Assistant County Attorney

8 Engineering Staff Report BoCC Update Date: July 26, 2018 To: Bill Skinner, Senior Planner From: Charles V. Haskins, PE CFM Engineering Division Mgr. Re: P and P Scope/Location: This development proposal to subdivide 1.48 acres into 28 Townhomes at the southeast corner of Mississippi Avenue and Xenia Street within the 4 Square Mile area. The Development lies the Westerly Creek drainage basin. Items included with this referral: Final Plat Final Development Plan Phase III Drainage Report Construction Drawings Operations and Maintenance Manual

9 Findings: The Arapahoe County Division of Engineering has reviewed this referral and has the following findings: 1. This parcel lies within SEMSWA. All of their comments must be addressed and all applicable fees to them must be paid prior to final approval of this project. Phase II 2. A Subdivison Improvement Agreement (SIA) must be executed prior to final approval of this project. 3. This project s drainage connects to Westerly Creek drainage basin system. Westerly Creek has a storm sewer, recovery fee of $8, Fees must be paid priot to probationary acceptance of the public improvements. 4. Rights of Way for E. Mississippi Avenue and S. Xenia Street are being dedicated with the final plat. Frontage improvements along the eastside of S. Xenia Street will be improved concurrent with this project. 5. All necessary drainage easements are being dedicated with the final plat. 6. All roadway tracts are privately maintained by the HOA. Recommendations: The Division of Engineering recommends this case favorably subject to the following conditions: 1. The applicant agrees to address the Division of Engineering s comments and concerns as identified within this report. Cc: Charles V. Haskins, Manager, Land Development Services P and P Cvh RDR 2

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11 LETTER OF INTENT July 8, 2016 Phelps Engineering Services, Inc East Hampden Avenue, Suite 300 Denver, CO RE: Xenia Street Townhomes, Case No. Z Dear Public Works and Development: Our Company, Phelps Engineering Services, Inc. on behalf of the property owner, 8850 Xenia LLC, is proposing a project within unincorporated Arapahoe County. The project is located at 8850 East Mississippi Avenue, the southeast corner of the intersection of East Mississippi Avenue and Xenia Street, Parcel ID # The project includes 1.48 Acres (64,291 square feet) and is currently zoned R-A. The Xenia Street Townhomes project will consist of 28 townhomes on 1.48 acres at the southeast corner of East Mississippi Avenue and South Xenia Street. Our plan is that these units will be luxury townhomes and will attract a vibrant class of residents to the area. Amenities will include a professionally landscaped park-like common area, open space, walking paths, and parking for visitors. The townhomes themselves will be 2 to 4 bedrooms with 2-car garages, decks/patios, and upgraded interior finishes. We believe our plan for this area will have a very positive impact on all surrounding homes, townhomes, and businesses. Our project will replace a blighted, eyesore property, strewn with dilapidated and potentially dangerous buildings, dirt piles, and old vehicles with modern construction that serves an upwardly mobile demographic that contributes to the community. The developer of the project is: Sincerely, Scott Alpert, Managing Member 8850 Xenia LLC 1201 South Parker Road, #200 Denver, CO Phone: , Fax: Phelps Engineering Services, Inc. Lonny E. Phelps, P.E. President

12 From: CCVWSD Admin Sent: Wednesday, June 07, :31 AM To: Bill Skinner Subject: RE: ARAPCO referral for Xenia Street Townhomes P Final Development Plan and P Final Plat Bill, John Warford only has one comment Water and sewer service is available subject to payment of all fees and compliance with the District s Rules and Regulations. Thank you. Lisa Glenn Cherry Creek Valley Water and Sanitation District 2325 S. Wabash St., Denver, CO Phone Fax

13 From: Raymond Winn Sent: Wednesday, June 07, :58 AM To: Bill Skinner Subject: RE: ARAPCO referral for Xenia Street Townhomes P Final Development Plan and P Final Plat Bill, Open Spaces will require the use of the Appraisal Method to determining Cash in Lieu of Parks and Open Space land dedication. Ray Winn Open Spaces Planner Arapahoe County Open Spaces 6934 S. Lima Street, Suite A, Centennial, CO Office:

14 From: Pulciani, Dustin Sent: Thursday, June 08, :45 PM To: Bill Skinner Subject: RE: ARAPCO referral for Xenia Street Townhomes P Final Development Plan and P Final Plat Bill, CenturyLink has no objection to the final plat or the FDP. Thanks Dustin Pulciani, ROW Agent Century Link 700 W. Mineral Ave., Littleton, CO Cell:

15 DRAFT MOTIONS P16-018, Xenia Street Townhomes Final Plat APPROVAL In the case of P16-018, Xenia Street Townhomes Final Plat, I have reviewed the staff report, including all exhibits and attachments and have listened to the applicant s presentation and any public comment as presented at the hearing and hereby move to approve this application based on the findings in the staff report, subject to the following conditions: 1. Prior to signature of the final copy of these plans the applicant must address Public Works Staff comments and concerns. 2. Prior to recording of the plat, the applicant will pay a total amount of cash-in-lieu of $138, to be distributed as follows: Schools: $43,629.59; Public Parks: $90,873.47; and Other Public Purposes: $3, DENY (This recommendation would not be consistent with the staff recommendation. Any alternate motion must include new findings and conditions in support of the motion for denial where those differ from the recommended findings and conditions): In the case of P16-018, Xenia Street Townhomes Final Plat, I have reviewed the staff report, including all exhibits and attachments and have listened to the applicant s presentation and any public comment as presented at the hearing and hereby move to deny this application based on the following findings: Findings: 1. State new or amended findings to support Denial as part of the motion CONTINUE In the case of P16-018, Xenia Street Townhomes Final Plat, I move to continue the decision on this request to [DATE], 2018, date certain, at 9:30 a.m., at this same location [to receive further information] [to further consider information presented during the hearing].

16 RESOLUTION NO. XXXXXX It was moved by Commissioner and duly seconded by Commissioner to approve Case No. P16-018, Xenia Street Townhomes Final Plat. Said approval is subject to applicant agreeing to adhere to any and all Arapahoe County staff recommendations and/or conditions of approval as set forth within the record and/or as determined by the Board of County Commissioners on this date, including: 1. Prior to signature of the final copy of these plans the applicant must address Public Works Staff comments and concerns. 2. Prior to recording of the plat, the applicant will pay a total amount of cash-in-lieu of $138, to be distributed as follows: Schools: $43,629.59; Public Parks: $90,873.47; and Other Public Purposes: $3, Subject to review and approval of the Final Plat mylar by the Arapahoe County Public Works and Development Department, including the Planning, Support Services and Land Development Services Divisions, and the County Attorney's Office, the Chair of the Board is hereby authorized to sign said mylar pursuant to the terms contained therein. The vote was: Commissioner Baker, ; Commissioner Conti, ; Commissioner Holen, ; Commissioner Jackson, ; Commissioner Sharpe,. The Chair declared the motion carried and so ordered.