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74 To: From: Gary Klaphake, City Administrator Jana Easley, Planning Manager Date: October 10, 2018 Subject: STAFF REPORT Sundar Apartments Subdivision 1. Final Plan/PUD - Final Plat 2. First Reading / Ordinance No. 31, Series 2018, Rezoning the Sundar Subdivision from DR (Developing Resource) to R4/PUD (High Density Residential/Planned Unit Development); 3. Resolution , Approving the Growth Management Priority Status and Permit Allocation for the Sundar Subdivision 4. Site Plan/Architectural Review Recommendation: Approval of: 1) Sundar Subdivision Filing 1 Final Plan/PUD and Filing 1 Final Plat, subject to the recording by December 31, 2018; 2) Ordinance No. 31, Series 2018, rezoning the Sundar Apartments Subdivision from DR (Developing Resource) to R4/PUD (High Density Residential/Planned Unit Development) subject to approval and recording of the Sundar Final Plan/PUD; 3) Resolution No establishing a growth management priority classification and building permit allocation for Sundar Subdivision; 4) Site Plan/Architectural review approval subject to the eight (8) conditions recommended by the Planning Commission. Background: The City Council approved the annexation, annexation agreement and rezoning of the subject property from Boulder County Agricultural to City of Lafayette Developing Resource (DR) in July On July 24, 2018, the Planning Commission approved the Preliminary Plan/PUD and recommended approval, subject to conditions, of the Rezoning, Permit Allocation and Site Plan/Architectural review. Final Plan/PUD - Final Plat: The Sundar Subdivision is approximately acres in size. The Final Plan/PUD includes 684 dwelling units to be developed in two phases. All units are proposed to be market-rate rentals. Nine apartment buildings, associated garage buildings, mailbox building, clubhouse and related amenities are proposed to be built in Phase I. Ten buildings, garages and a second clubhouse are anticipated to be proposed with the Phase II application submittal in the future for separate review and approval.

75 For Phase I, the project will include five (5) acres of landscaped area with meandering sidewalks, outdoor seating and dog waste stations; raised planter beds for residents use; clubhouse with ADA accessible outdoor pool and hot tub and other recreational amenities; single bay car wash with vacuum; and mail room with two-package concierge delivery systems. Required Phase I improvements will include Road A which will connect from Hwy 287 to Dillon Rd and provides two access points into the subdivision; relocation of the bus stop and an RTD approved bus stop shelter to the northwest side of the Road A/Hwy 287 intersection; installation of a sidewalk on the west side of Highway 287 from north of Maple Grove Subdivision to the Highway 287 and Dillon Road intersection; and installation of City entry signage at the northwest corner of Dillon Road and Highway 287. The developer will also pay $400,000 to the Mary Miller Theater upon the first building permit being issued in 2018; the clubhouse includes meeting space that the Lafayette community can use, by appointment; and the perimeter trail network will be for public enjoyment. Phase II improvements are expected to include a full-movement, signalized intersection at Road A and Hwy 287 (100% at applicant s expense, when warrants are met); east side of Hwy 287 sidewalk; and relocation of the east side RTD bus stop with shelter. The Final Plan/PUD also includes the following proposed Code modifications: a) Overall density of 18.92, where Code allows up to 18 du/acre in R4, with Phase I density of du/ac. b) A building height increase of 0.5 feet to 35.5 feet from 35 feet allowed in the R4 zone. c) More than one principal building per lot. Along with the Final Plan is a Final Plat for Filing 1 of the subdivision. Filing No. 1 includes dedication of drainage, access and utility easements, and dedication of Tracts A, B and C for pedestrian access and future roadway. All roads will be private, except any future road built in the tracts dedicated to the City. Lot 2 will be re-subdivided into one or more lots in future filings. One of the preliminary plan conditions was that the Phase II detention shall pond be platted as a separate lot in Filing 1 and be incorporated into the Phase II Preliminary PUD. After further review and discussion with the City Engineer, staff believes the detention ponds should not be platted as lots, but should have drainage and access easements across them. Staff believes this will still satisfy the intent of the preliminary plan condition. Planning Commission found that the proposal complies with the requirements for preliminary plan submittal; complies with the PUD criteria; the proposal is unique; the development is in the best interest of the City; the modifications to the Code are in the best interests of the City and the neighborhood in which the development is occurring, and complies with the Comprehensive Plan s goals and policies. Based on Planning Commission s findings, staff recommends approval of the Sundar Subdivision Final Plan/PUD and Filing No. 1 Final Plat subject to the recommended conditions. Sundar Subdivision Phase I Page 2 of 4 Final Plan/PUD Rezoning Site Plan/Arch Permit Allocation

76 Zoning: The subject property was zoned DR (Developing Resource) when it was annexed into the City in This zoning district typically accompanies annexation and allows historic uses to continue on the property until development is proposed. Rezoning to a zoning district that allows development typically occurs concurrently with a preliminary and final plan review and approval. At the Planning Commission public hearing on July 24, 2018, the Planning Commission unanimously recommended approval of the rezoning of the Sundar Subdivision. The Planning Commission recommendation included two (2) findings: one, due to changing conditions in an area of the City, it is necessary to rezone the subject property to encourage development; and two, the rezoning is necessary to conform with the Comprehensive Plan. Ordinance No. 31, Series 2018 has been created for your consideration. Based on the findings of the Planning Commission, staff recommends approval of Ordinance No. 31, Series 2018 rezoning the Sundar Apartments Subdivision subject to approval and recording of the Final Plan/PUD and Filing No. 1, Final Plat. Growth Management: The plan includes a proposed building permit allocation of 324 in 2018 and up to 360 per year from 2019 thru 2024 until buildout. Resolution has been prepared for your consideration. Staff recommends approval of Resolution due to the fact that the appropriate number of not exempt permits are available, or anticipated to be available in years after 2018, to accommodate this request. Approval of Resolution does not contractually commit the City to issue permits in future years, but rather is a planning tool required by our residential growth management Charter provisions. Site Plan/Architectural Review: The applicant is proposing two building types, each similar but with differing roof lines, and each containing thirty-six (36) units including studio, one-bedroom and twobedroom units, throughout both phases. Building materials include cream-color synthetic stone and cementitious siding on the apartment buildings; brick, stucco and synthetic stone on the clubhouse; and composition shingle roofs throughout. The corner tower elements would have variations in color. The proposed architectural plans are appropriate for the subdivision design. A carport structure near the clubhouse will be provided for six (three pairs) electric vehicle ( EV ) charging stations. There are two other areas that are prewired for future EV charging stations. The apartments will each have a one car garage with storage, plus additional uncovered parking. The parking provided meets Code requirements. Landscaped area for Phase I exceeds Code requirements by 12.9% (27.9% total) and the water consumption is less (13%) than the maximum total annual water use allowed (15%). Planning Commission found the proposed site plan/architectural review complies with the review criteria of Section and the submittal requirements of Section and that the design is compatible with the location and proposed use. Planning Commission recommended approval of the Site Plan/Architectural review application subject to eight (8) conditions. One condition was that City staff work with the Maple Grove neighborhood and applicant on a fence design and landscape buffer that is acceptable to the neighborhood. Staff initiated discussions with Sundar Subdivision Phase I Page 3 of 4 Final Plan/PUD Rezoning Site Plan/Arch Permit Allocation

77 the Maple Grove Water Systems, Inc. (the primary Maple Grove contact, hereinafter MGWS); however, MGWS disengaged from communicating with staff and hired an attorney to represent it. MGWS claims there is an (unrecorded) access easement along the south side of the irrigation ditch served by the Maple Grove lateral, which ditch is entirely on Maple Grove property, not the Sundar site, but which purported access and/or maintenance easement for the irrigation ditch is on a portion of the Sundar site. The owner, staff and the City Attorney have been unable to verify any easement on the subject property for access and maintenance of the ditch. However, as a result of discussions between the MGWS attorney and the City Attorney, the applicant will revise the landscape plan to remove the trees originally proposed along the north property line as a buffer. Subject to staff review and approval, the landscape plan will be amended to show an appropriate landscape buffer to be located behind the garage buildings. Also, the proposed fence along the north property line will be removed from the plans so as not to interfere with the access and maintenance of the ditch. Fiscal Impact: None. Attachments: Planning Commission Notice of Decision dated July 24, 2018 Ordinance No. 31, Series 2018 Resolution Final Plan/PUD Final Plat Site Plan/Architectural Review Planning Commission Staff Report, dated July 18, 2018 Sundar Subdivision Phase I Page 4 of 4 Final Plan/PUD Rezoning Site Plan/Arch Permit Allocation

78 Planning & Building Department Planning Commission Notice Of Decision Date: Type of Project: Preliminary Plan/PUD, Rezoning, File Numbers: PP-2-18, PUD-7-18, Z-3-18 Site Plan/Architectural Review AR Project Name: Sundar Apartments Preliminary Plan/PUD, Rezoning, Growth Management Permit Allocation, and Site Plan/Architectural Review Project Summary: This is request from Milestone Development Group for approval: Rezoning, Preliminary Plan, Planned Unit Development, Growth Management Permit Allocation, and Site Plan and Architectural Review applications for the acre property. Specifically, the applications (except rezoning, which covers the entire site) are for Phase I improvements only. Phase II Preliminary Plan, PUD and Site Plan/Architectural Review will have to be reviewed and approved at a future date. The rezoning would be from Developing Resource (DR) to High Density Residential (R4/PUD). The Preliminary Plan/PUD applications to develop Phase I contain nine buildings with 324 units, a clubhouse, community gardens, outdoor game area and gathering space. All the units are intended to be market rate for rent product with a mix of studio, 1 and 2 bedroom units. Parking would be a combination of surface parking, garage parking, and carports with EV charging stations. Applicant/Owner: Milestone Development Group / Stevenson Land Company Site Location: Dillon Road, northwest of the intersection of Highway 287 and Dillon Road Action Taken: Planning Commission approved the Sundar Apartments Preliminary Plan/PUD Review subject to the conditions of approval listed below. Planning Commission recommended approval of the Rezoning application subject to the conditions of approval listed below. Planning Commission recommended approval of the proposed Growth Permit Allocation and Classification Status. Planning Commission recommended approval of the Site Plan/Architectural Review subject to the conditions of approval listed below. Planning Commission Vote: 4 in favor, 3 absent for all applications. Appeal Process: City Council can appeal no later than their August 21, 2018 meeting. Applicant or any property owner entitled to notice may appeal within 14 days of decision or by 5 p.m., August 7, Plat, Preliminary Plan, Planned Unit Development Conditions of Approval: 1. The Phase II detention shall pond be platted as a separate lot and be incorporated into the Phase II Preliminary PUD. 2. The applicant shall work with staff to determine if undergrounding the Phase II detention facility (rather than the Phase detention facility) is possible, or if undergrounding of both detention facilities is feasible and beneficial to the development. 3. The applicant shall submit the sod/seed mix for the detention facilities for staff review and approval. Adequate irrigation to establish sod/seed shall be proposed for staff review and 1290 S. Public Rd. Lafayette, Colorado (303) Fax (303)

79 Sundar Apartments Preliminary Plan/PUD, Rezoning and Site Plan/Architectural Review Notice of Decision Page 2 approval. The applicant shall work with staff on improvements to the drainage areas to allow for recreational activities which could include: walking paths, benches, shelters, trash receptacles, dog waste stations, volleyball court, etc 4. Prior to Final Plan recording of Phase II, the applicant shall have piped or realigned that area of the Northwest Parkway drainage channel that runs parallel to Highway 287, subject to cooperation and approval by the Northwest Parkway, the concessionaire, Northwest Parkway, LLC, Urban Drainage and Flood Control, Army Corps of Engineers, and the commercial property owner to the east of Highway 287. The City Administrator shall have the ability, in his/her sole and absolute discretion, to amend or waive this condition. 5. The applicant shall attempt to obtain fee ownership of the area under Road A from Highway 287 to the subject properties eastern boundary. If the applicant is able to obtain fee ownership, the applicant shall dedicate the area to the City as right-of-way. 6. The submitted traffic study states that Phase II will trigger warrants for a traffic signal at Road A and Highway 287. The applicant will install and be responsible for all costs related to the traffic signal. If, prior to Phase II, the commercial property to the east of Highway 287 develops, which development triggers warrants for a traffic signal, the applicant shall work with that property owner to install the traffic signal and shall be responsible for 50% of the costs of the installation. If the applicant installs the traffic signal with Phase II, staff will support a 50% reimbursement from the property owner on the east side of Highway With the installation of the traffic signal at Road A and Highway 287, the applicant shall reduce the Maple Road and Highway 287 intersection from full-movement to right-in/rightout and install the necessary roadway to connect Maple Road to Road A. The City Administrator, in his/her sole discretion, may remove this requirement, in its entirety, if it is in the City s best interests. If the City Administrator removes the requirement to install the roadway between Maple Road and Road A, the applicant shall submit a cost estimate for staff review and approval, and instead pay that amount as an increased Service Expansion Fee. 8. With the reduction in the Maple Road and Highway 287 intersection, and if Boulder County Transportation requests, the applicant shall install an automatic gate at either: Maple Road and Highway 287 or on the Crider property. If located on the Crider property the automatic gate must be reviewed and approved by Boulder County Transportation. If located at Maple Road and Highway 287 the automatic gate must be reviewed and approved by Boulder County Transportation and CDOT. The applicant, upon design, must solicit feedback from the Maple Grove Water Systems, Inc. This condition will be void if the City Administrator removes Condition #7 above. This condition cannot be removed solely. 9. The applicant shall submit, for staff review and approval, an exclusive access easement, over the Crider property for the benefit of the Maple Grove Subdivision. The applicant must solicit feedback from the Maple Grove Water System, Inc. on the easement document. Upon approval, the applicant shall record the exclusive access easement. 10. The design of the intersection of the east/west roadway and Road A shall be reviewed and

80 Sundar Apartments Preliminary Plan/PUD, Rezoning and Site Plan/Architectural Review Notice of Decision Page 3 approved by the City Engineer. 11. The applicant shall work with staff and Boulder County Transportation on adequate and appropriate signage for Maple Road that relays that Maple Road is not for thru-traffic. With the installation of the roadway from Maple Grove to Road A, the applicant shall work with City staff on adequate and appropriate signage at the intersection of Road A and the east/west roadway that relays that the roadway is not for thru-traffic. 12. The applicant shall submit an updated traffic study with the Preliminary Plan for Phase II. If traffic warrants show that a traffic signal at Road A and Dillon Road is needed, the applicant will install the traffic signal. The applicant will be responsible for 100% of the costs of the traffic signal. 13. If the amendment for the Access Control Plan is delayed, the applicant may amend their plans and proceed with two Dillon Road access points. The applicant will still be required to continue seeking the ACP amendment and install the connection of Road A to Highway The applicant shall work with staff to ensure two accesses are provided for Phase I and Phase II and adequate access easements exist. To increase connectivity, the applicant shall either make the emergency access between Phase I and Phase II a permanent access or extend Road A west to the western most Dillon Road access and install the second Dillon Rd. access. 15. Subject to adequate right-of-way or obtaining necessary easements from the Northwest Parkway, the applicant shall work with staff and RTD to relocate the west side Highway 287 bus stop, and install a bus shelter, bike rack, and trash can, near Road A and Highway 287. The applicant shall be responsible for maintenance until RTD takes over the maintenance. 16. Subject to adequate right-of-way, or obtaining necessary easements from the commercial property owner on the east side of Highway 287, the applicant shall work with staff, RTD and CDOT to temporarily relocate the east side Highway 287 bus stop, and install a bus shelter, bike rack, and trash can at the northeast corner of Dillon Road and Highway 287. Upon installation of the traffic signal at Road A and Highway 287, the applicant shall relocate, for permanent placement, the bus shelter, bike rack, and trash can, to the northeast or southeast corner of Road A and Highway 287. Relocation timing would depend on pedestrian improvements at the intersection. If development of the east side occurs prior to Phase II, the east side commercial property owner shall be responsible for this relocation. Staff will support the applicant seeking 100% cost reimbursement for the east side bus stop. The applicant shall maintain the stop until development of the east side commercial property or until RTD takes over maintenance, whichever shall occur first. 17. Subject to adequate right-of-way or obtaining necessary easements, the applicant shall, with Phase I, install a sidewalk on the west side of Highway 287 from north of Maple Grove Subdivision, to the Highway 287 and Dillon Road intersection. The applicant shall maintain the sidewalk adjacent to the Northwest Parkway property. The applicant shall maintain the other portions of the sidewalk until development of that property occurs. 18. Subject to adequate right-of-way or obtaining necessary easements from the commercial

81 Sundar Apartments Preliminary Plan/PUD, Rezoning and Site Plan/Architectural Review Notice of Decision Page 4 property owner on the east side of Highway 287, the applicant shall, with Phase II, install a sidewalk on the east side of Highway 287 from Crescent Drive to Dillon Road. The applicant shall maintain the sidewalk until development of the east side commercial property. 19. The applicant shall work with staff prior to final plan submittal to show an adequate number of carport spaces, placed strategically in the development, to have electric vehicle charging stations. If adequate sun exposure exists, the applicant shall install solar panels on the carports and update the solar plan accordingly. 20. The applicant shall work with the City Engineer to address issues outlined in the July 18, 2018 memo. 21. The applicant shall underground all utilities lines and remove all unnecessary underground gas lines on the property. If Xcel Energy and Northwest Parkway will allow the undergrounding of the utility lines to the south and east, on Northwest Parkway property, the applicant shall underground these lines, as well. In addition, any abandoned natural gas lines to the south and east shall be removed, if approved by Xcel Energy and the Northwest Parkway. 22. The applicant shall work with staff to install additional street trees on the south side of Road A, if adequate room exists. If adequate room does not exist, but the applicant is able to obtain permission to install trees on the Northwest Parkway property, the applicant shall work with staff on the number and placement of the trees. 23. Subject to adequate right-of-way or obtaining necessary easements, the applicant shall install City entry signage at the northwest corner of Dillon Road and Highway 287, similar to the signage at the northeast corner of Dillon Road and Highway 287. The applicant shall be responsible for 100% of the cost of the installation and future maintenance. If adequate right-of-way or easements do not exist, the applicant shall work with staff on other signage possibilities, and if none exist, will pay the cost of the sign as an increased Service Expansion Fee. 24. The applicant shall meet with the Crime Prevention Officer (CPO) to ensure locations of cameras are adequate, or install additional cameras the CPO reasonably requests. 25. The applicant shall add a condition to the Final PUD that the clubhouse meeting space will be available for the Lafayette community for special events, by appointment. This does not require access to the pool, recreation amenities, work-out room, etc. 26. The contribution for the Mary Miller Theater shall be due with the first building permit for Phase I. 27. The Final PUD shall acknowledge the requirement to participate in the Xcel Energy Renewable Connect program, or a similar Xcel program, if available, for the common areas of the project. The applicant shall provide, for staff review and approval, documentation regarding the residents ability to sign up for renewable energy programs and the applicant shall encourage residents to do so. The Final PUD shall note this as well. 28. The gas well shall be capped per the COGCC rules and regulations, prior to recording of the Final Plan. All associated lines/pipes shall be removed. If the operator of the oil/gas well

82 Sundar Apartments Preliminary Plan/PUD, Rezoning and Site Plan/Architectural Review Notice of Decision Page 5 on-site will allow, the applicant shall provide staff the abandonment agreement between the oil/gas operator and the property owner. 29. The applicant shall be allowed to plat individual buildings lots (building envelopes). 30. The applicant shall submit a list of preferred third-party building inspectors for review and approval. The City shall work with one of the inspection companies to finalize contractual terms for this service. The applicant shall pay the third-party inspector directly for all inspections performed. 31. The applicant shall pay the required building permit fees for each building permit. No master plan check fee will be allowed. 32. The applicant shall pay the required water dedication fees as shown in the applicant s submitted Exhibit F. The data shall be formalized in the development agreement. 33. The developer shall follow the procedures outlined in the City of Lafayette Prairie Dog Management Policy dated August 1, 2017, to address any prairie dogs found on-site prior to the start of initial grading of the subdivision. 34. The following PUD modifications are approved: Overall density of du/ac. Phase I density of du/ac. Height of 35.5 feet for residential buildings Thirteen (13) foot accessory building setback along the northern property line More than one principal building per lot If individual lots are platted for building: increased in lot coverage to 100% Reduced street frontage to zero feet Reduced front, rear and side setbacks to zero feet Rezoning Conditions of Approval: 1. The rezoning is subject to approval of and recording of the final plan. 2. The applicant must deannex from the Louisville Fire Protection District within two (2) years of final plan recording. Site Plan / Architectural Review Conditions of Approval: 1. Prior to building permit application, the applicant shall provide at least one additional color for the proposed buildings which shall be reviewed and approved by staff. 2. The applicant shall submit the carport design for review and approval by staff. 3. The applicant shall work with staff to improve the back sides of the garage buildings along the northern property line, which may include changes in color and/or materials. 4. The applicant shall work with the staff to better arrange and/or add to landscaping throughout the site. 5. The applicant shall maintain the raised garden beds to an acceptable standard, and provide water for the residents to utilize.

83 Sundar Apartments Preliminary Plan/PUD, Rezoning and Site Plan/Architectural Review Notice of Decision Page 6 6. The applicant shall work with staff to design trash enclosures that help facilitate recycling and composting. 7. The applicant shall pre-wire all carports for EV charging stations and determine if there is adequate solar access on the carports to install solar. 8. Staff shall work with the Maple Grove neighborhood and applicant on a fence design and landscape buffer that is acceptable to the neighborhood. *************************************************************** Distribution: x File x City Attorney x Building Official x Applicant x Plans Analyst x City Council x Public Works x Planning Commission x Public Information Officer Other ***************************************************************** Enclosed are two copies of the Notice of Decision. Please return one signed copy to the City in the enclosed envelope and keep the other copy for your records. I accept the decision as described above. Signed: (Owner)

84 ORDINANCE NO. 31, Series 2018 INTRODUCED BY: COUNCILOR AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO ZONING CERTAIN LAND, FULLY DESCRIBED HEREIN, KNOWN AS THE SUNDAR SUBDIVISION FROM DEVELOPING RESOURCE (DR) TO R4/PUD (HIGH DENSITY RESIDENTIAL/PLANNED UNIT DEVELOPMENT) ZONE DISTRICT WHEREAS, the City Council of the City of Lafayette, Colorado finds that a proper application for zoning certain land fully described and depicted on Exhibit A, has been submitted by the applicant to the City; and WHEREAS, the Subject Property is currently zoned DR (Developing Resource); and WHEREAS, the Planning Commission, after a Public Hearing on July 24, 2018 and careful consideration of all relevant facts, has recommended approval of the zoning to the City Council, subject to City Council approval of the Final Plan and de-annexing from the Louisville Fire Protection District within two (2) years of the Final Plan recording; and WHEREAS, the City Council held a public hearing on October 16, 2018 concerning the zoning request in conformance with the Lafayette Code of Ordinances; and WHEREAS, the City Council of the City of Lafayette finds that due to changed or changing conditions in the area of the land for which zoning is requested, in particular the approval of a development plan for the subject property, it is in the public interest and reasonably necessary to zone the subject property to encourage development; and WHEREAS, the City Council of the City of Lafayette finds that the rezoning is necessary to conform to the Comprehensive Plan Land Use designation of the subject property as High Density Residential; and WHEREAS, the City Council of the City of Lafayette finds and declares that all officers, boards, and the City Council have complied with all applicable provisions of the City Charter, City Ordinances and State Statues. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO: SECTION 1. Upon approval by City Council of, and the recordation of, the Sundar Subdivision final plat and PUD within 90 days of the date of City Council approval thereof, the land described and depicted on Exhibit A, shall be zoned City of Lafayette R4/PUD (High Density Residential/Planned Unit Development) Zoning District.

85 City of Lafayette Ordinance No. 31, Series 2018 Page 2 SECTION 2. Upon timely compliance with all conditions in Section 1 above, the City Council certifies a change in the Zoning Map zoning the property described herein to City of Lafayette R4/PUD Zoning District. SECTION 3. City Council directs that a certified copy of this Ordinance be filed with the City Clerk and further, that the City Clerk index, file and make the Ordinance available to the public. SECTION 4. If the conditions set forth in Section 1 above are not timely fulfilled by February 3, 2019, this ordinance shall be void and of no effect. SECTION 5. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. SECTION 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. SECTION 7. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. SECTION 8. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. SECTION 9. This ordinance shall become effective upon the latter of the 10 th day following enactment, or the day following final publication of the ordinance. INTRODUCED, PASSED ON FIRST READING AND PUBLIC NOTICE ORDERED THIS DAY OF, PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THIS DAY OF, 2018.

86 City of Lafayette Ordinance No. 31, Series 2018 Page 3 ATTEST: CITY OF LAFAYETTE, COLORADO Susan Koster, CMC, City Clerk Christine Berg, Mayor APPROVED AS TO FORM: David S. Williamson, City Attorney PUBLISHED: Daily Camera

87 City of Lafayette Ordinance No. 31, Series 2018 Page 4 EXHIBIT A A PARCEL OF LAND BEING ALL OF RECEPTION NO LOCATED IN THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 1 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF BOULDER, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 15 A FOUND 2.5" ALUMINUM CAP PLS 35597; THENCE ALONG THE NORTH/SOUTH CENTERLINE OF SAID SECTION 15 NORTH 00 19'25" EAST, A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 19'25" EAST, CONTINUING NORTHERLY ALONG SAID LINE, A DISTANCE OF FEET TO THE SOUTHWEST CORNER OF MAPLE GROVE SUBDIVISION, RECEPTION NO ; THENCE ALONG THE SOUTHERN LINE OF SAID RECEPTION NO NORTH 89 53'26" EAST, A DISTANCE OF 2, FEET TO A POINT FEET WEST OF THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 00 17'17" WEST BEING FEET WEST OF AND PARALLEL TO SAID EAST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF FEET TO THE NORTHERLY LINE OF PARCEL TITLED MU-47 DESCRIBED IN RECEPTION NO ; THENCE ALONG THE NORTHERLY LINE OF SAID RECEPTION NO AND THE NORTHERLY LINES OF RECEPTION NO THE FOLLOWING FIVE (7) COURSES; 1. THENCE SOUTH 89 01'50" WEST, A DISTANCE OF FEET; 2. THENCE SOUTH 42 21'39" WEST, A DISTANCE OF FEET; 3. THENCE SOUTH 88 03'07" WEST, A DISTANCE OF FEET; 4. THENCE SOUTH 58 33'30" WEST, A DISTANCE OF FEET; 5. THENCE NORTH 87 32'18" WEST, A DISTANCE OF FEET; 6. THENCE SOUTH 70 06'53" WEST, A DISTANCE OF FEET; 7. THENCE ALONG A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF FEET, A CENTRAL ANGLE OF 01 21'01", WHOSE CHORD BEARS SOUTH 70 47'23" WEST A DISTANCE OF FEET, FOR AN ARC DISTANCE OF FEET TO THE POINT OF BEGINNING. CONTAINING 1,574,173 SQUARE FEET OR ACRES, MORE OR LESS.

88 CITY OF LAFAYETTE RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO AMENDING THE BUILDING PERMIT ALLOCATION UNDER GROWTH MANAGEMENT FOR THE SUNDAR SUBDIVISION FINAL PLAN/PUD WHEREAS, the people of the City of Lafayette, Colorado amended Section 6.10 of the City of Lafayette home Rule Charter in the November 6, 2012 election to provide that the total number of new dwelling units permitted between January 1, 2013, and January 1, 2019, shall not exceed one thousand two hundred (1,200), but exempting those developments that were assigned a priority classification and building permit allocation prior to November 6, 2012, as well as those properties that were eligible to be categorized as otherwise entitled to priority by reason of commitments made by the City that existed prior to May 23, 1995; and WHEREAS, City Council adopted Ordinance No on May 21, 2013, codifying the criteria to be used in allocating new non-exempt dwelling unit permits under Section 6.10 of the Charter; and WHEREAS, Section (d)(1) of the Lafayette Code of Ordinances states If such total allocation requirements can be fulfilled, the Planning Director will assign to the development in conjunction with the preliminary plan approval a proposed development s annual allocation and schedule for dwelling unit building permits in sufficient numbers to achieve the proposed buildout of the development. The proposed development annual allocation and schedule shall be subject to approval by City Council in conjunction with the development s final plan; and WHEREAS, an application for a Preliminary Plan/PUD for the Sundar Subdivision was approved by the Planning Commission on July 24, 2018, which included a request for 684 residential dwelling units; and, WHEREAS, the City Council approved the Final Plan/PUD for the Sundar Subdivision on October 16, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: 1. The City Council hereby determines the Sundar Subdivision, which includes up to 684 dwelling units, does not meet the definition of Exempt per Section of the Lafayette Code of Ordinances, and is classified as not exempt. 2. Subject to the provisions of Charter Sections 6.10 and 6.15, and Article XI of Chapter 30 of the Lafayette Code of Ordinance, the City Council hereby assigns an allocation for the Sundar Subdivision of: three hundred and twenty-four (324) in 2018; and up to three hundred and sixty (360) in 2021 through 2024 per year thereafter until build-out, provided that such assignment shall not constitute a commitment to issue such permits in these quantities. 3. The City Council further finds and declares that it does not anticipate a sufficient number of allocations will be available for assignment in the 2021 through 2024 allocation cycle to meet the total allocation of six hundred eighty-four (684)

89 Resolution Page 2 of 4 required for the Sundar Subdivision if the three hundred and twenty-four (324) allocations assigned for 2018 are not obtained by the proposed development in 2018, nor should the developer for the Sundar Subdivision expect that allocations assigned for 2018 will be carried over to the 2021 through 2024 allocation cycle or that it will be able to obtain the total required allocations for the Sundar Subdivision in the 2021 through 2024 allocation cycle if it fails to obtain the three hundred and twenty-four (324) allocations assigned for 2018 by the end of Subject to Section of the Lafayette Code of Ordinances. Exhibit A, attached, lists all non-exempt dwelling unit allocations for 2013 through PASSED and RESOLVED the day of, CITY OF LAFAYETTE, COLORADO Christine Berg, Mayor ATTEST: APPROVED AS TO FORM: Susan Barker, CMC City Clerk David S. Williamson, City Attorney 2

90 Resolution Page 3 of 4 Exhibit A Name of Subdivision / PUD No. of Dwelling Units Permit Allocation Forest Park, Lot 12, Block 10 2 Year No. Permits Annually, thereafter 2 Trails at Coal Creek Any unused permits to complete build out Jerado Minor Subdivision Lot 2 Josephine Commons Subdivision Lots 1-7 Coal Creek Village Filing No. 10 Lafayette City Center Subdivision Replat B Annually, 1 thereafter until build out Annually, Thereafter Until build-out Annually, 12 thereafter until build out Any unused permits annually thereafter until build out Village Cove Annually, thereafter until build out Baseline Apartments Minor Subdivision / P.U.D Annually, thereafter until build out Spring Creek Filing No Annually, thereafter until build out Indian Peaks Filing No. 2 Replat B Annually, thereafter until build out 3

91 Resolution Page 4 of 4 SoLa Subdivision Filing No. 5, Replat B permanently affordable permanently affordable Silo Subdivision Annually thereafter until buildout Trail Ridge West Any unused permits to complete build out 2020 Any unused permits to complete build out Cannon Trail Silver Creek Subdivision Filing No Sundar Subdivision or until build-out or until build-out or until build-out 2024 Any remaining permits needed for build-out 4

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102 MEMO To: Gary Klaphake, City Administrator From: Greg Thompson, Senior Planner Date: October 11, 2018 Subject: Cannon Trail Site Plan/Architectural Review to Revise Single-Family Architecture Recommendation: Approval of a Cannon Trail Subdivision Site Plan/Architectural Review subject to the 1 condition as recommended by the Planning Commission. Background: On June 5, 2018, City Council approved the Site Plan/Architectural Review application for the Cannon Trail Subdivision. Architecture was approved for Lots 1-9 to be semi-custom with materials, colors, and finishes using only those applications and styles as approved for the duplex homes. The applicants are interested in changing the architectural requirements from that which was approved to allow custom building for the nine single-family lots using only those applications and styles as permitted in Old Town Lafayette using the Design Resource Book as the primary guideline. Regarding exterior materials, the applicants would like to change the approved material to include metal roofing as a primary roofing material, in addition to allowing accents of metal roofing as is currently allowed. The Planning Commission recommended approval subject to 1 condition, finding the application complied with the review criteria of Section and the submittal requirements of Section Fiscal Impact: None. Attachments: Planning Commission Notice of Decision dated September 25, 2018 Planning Commission Staff Report from September 25, 2018 Applicant Narrative Old Town Design Resource Book Original Council NOD Original Planning Commission NOD

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