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PLANNING AND ZONING COMMISSION AGENDA MEMORANDUM City and County of Broomfield, Colorado To: Planning and Zoning Commission From: John Hilgers, Planning Director Alice Hanson, Senior Planner Meeting Date Agenda Category Agenda Item # October 10, 2016 Planning and Zoning Commission Business 4. b 1. Public Hearing on a Final Plat and Site Development Plan for MidCities Filing No. 23 (Summit Green) Property Location: North side of Summit Boulevard, west of the intersection of Agenda Title: Coalton Road and Summit Boulevard Owner: Summit Green Apartments, LLC Applicant: Davis Development/ Morrow Investors, Inc. 2. Consideration of Proposed Resolution No. PZ 2016-31 Regarding the MidCities Filing No. 23 (Summit Green) Final Plat and Site Development Plan Summary Davis Development/Morrow Investors, Inc. are requesting approval of a Final Plat and Site Development Plan (SDP) for a 198-unit multifamily residential development on a 7.34 acre property in MidCities designated for residential development. The proposed Final Plat vacates the current plat on the property (MidCities Filing No. 22) and creates one lot and a tract dedicated to Broomfield for a public park. The proposed SDP shows the site and landscape design, grading, building architecture and site details for the proposed development. The proposal includes fourteen townhouse style apartments, two five-story buildings (184 units) with parking underneath and an onsite private amenity with an outdoor swimming pool. A.73 acre public park will be dedicated and developed within the project. The applicant requests approval of the proposed SDP with waivers from the Broomfield Municipal Code (BMC) and the MidCities PUD for a reduction of the required number of covered parking spaces, setbacks, encroachment of building overhangs in the utility easement, temporary signage, and the height of the entry monument sign. Resolution No. PZ-2016-31 will forward a recommendation on the proposed Final Plat and SDP to the City Council, which takes final action on the proposal. Prior Council Action 1998 - City Council approved the MidCities PUD Plan and Preliminary Plat with the adoption of Resolution No. 64-98 on June 30, 1998. 2001 - The property was annexed into Broomfield on January 9, 2001, with the adoption of Ordinance No. 1469. 2001 - City Council approved the Second Amendment to the MidCities PUD Plan and Preliminary Plat which expanded the PUD area in a westerly direction with the adoption of Resolution No. 2001-2 on January 9, 2001. 2011 - City Council approved a Seventh Amendment to the MidCities PUD Plan to reallocate the location of the residential units permitted in the PUD with the adoption of Resolution No. 2011-159 on October 11, 2011. 2013 - City Council approved a PUD Amendment with Resolution 2013-65 and a Final Plat and Site Development Plan for the Summit Green Apartments with the adoption of Resolution No. 2013-57 - both on April 23, 2013. Financial Considerations The proposal is consistent with the Long Range Financial Plan. 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: o Recommend the City Council approve the application as is or with conditions. If the proposed plans do not comply with applicable BMC review standards: o Postpone action on the resolution and continue the hearing to a date certain; or o Recommend the 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: o Adopt Resolution No. PZ 2016-31 recommending approval with or without conditions; or o Adopt Resolution No. PZ 2016-31 recommending denial.

MidCities Filing No. 23 (Summit Green) Page 2 Zoning I. ZONING, PREVIOUSLY APPROVED DEVELOPMENT PLANS FOR THE PROPERTY, AND STATUS OF DEVELOPMENT The site is zoned PUD with an Interchange Influence Area (IIA) overlay. The MidCities PUD provides the framework for a mix of restaurant, retail, office, hotel, recreation, entertainment, services and residential uses. The number of residential units permitted in the MidCities PUD is currently 1,201 units. The IIA zoning is an overlay on the existing PUD zoning and is intended to encourage and foster high quality development in the area. The residential units in the MidCities PUD were originally allocated equally throughout the area from 96th Street to the western boundary of Broomfield. The Fourth Amendment to the MidCities PUD in 2007 reallocated residential units by permitting 390 units to move from the eastern portion of MidCities to the western portion for the construction of the Sunrise Senior Living complex. The Seventh Amendment to the PUD reallocated the balance of the residential units (except 75 units allocated to the Heritage Place SDP) from the eastern portion of MidCities to specific lots in western MidCities. The Eighth Amendment to the MidCities PUD increased the number of residential units permitted by 126 to a maximum total of 1,201 at the same time the original Summit Green Apartment project was approved (2013). The approval of the current proposed SDP would bring the number of approved residential units in MidCities to 1,999. Previously Approved Development Plans A Site Development Plan for 200 residential apartments was approved in 2013. The project was never constructed. The proposed SDP will replace this plan. Status of the Development Overall MidCities is designed for a mixture of commercial, retail, service, and residential uses that support each other and the surrounding area. The following map and chart show the progress of development since 2000 when construction of the MidCities area began.

MidCities Filing No. 23 (Summit Green) Page 3 1 2 3 4 5 6 Summary Status of Development for MidCities September 2016 Project Parcel Location Land Use Status Acres Renaissance Suites at 500 Flatiron Boulevard Hotel Complete 4.0 Flatiron Staybridge Suites Marriott Towne Place Suites Hilton Garden Inn MainStreet at Flatiron Residence Inn and Fairfield Suites Southwest corner of Interlocken Loop and Flatiron Boulevard Hotel Concept Review No Construction 480 Flatiron Boulevard Hotel Complete 2.98 Southwest corner of Zang Street and Flatiron Blvd. East and West of Zang Street and South of Flatiron Crossing Drive Hotel 455 Zang Street Hotel Commercial, Retail, Office, and Restaurant SDP Approved No Construction 3.32 3.74 Building Size (SF) 232 rooms 191,634 132 rooms 106,980 151 rooms 84,257 135 rooms 85,600 Complete 11.58 116,205 SDP Amendment Approved Under Construction 4.58 212 Rooms 143,600 7 Walmart 500 Summit Boulevard Retail Complete 19.4 200,500 8 9 10 Sunrise Senior Housing Summit Green Apartments Lakeshore Athletic Club 400 Summit Boulevard Commercial/ Residential 501 Summit Boulevard Residential Complete 6.83 Site Development Plan and Final Plat Approved No Construction 7.34 130 Units 76 Asst. 230,000 200 Apartments 300 Summit Boulevard Athletic Club Complete 6.75 72,500 11 Summit Office Park 301 Summit Boulevard Office SDP Approved Partially Complete 4.15 55,442 12 RockVue 250 260 Summit Boulevard Residential Complete 10.98 220 Apartments 13 AMLI at Flatirons 200 Summit Boulevard Residential Complete 14.64 500 Apartments 14 Walgreens 1600 Coalton Road Retail Complete 2.053 14,490 15 Primrose School at the Flatirons 1680 Coalton Road Child Care Center Complete 1.46 10,500 16 1700 Coalton Road Undeveloped 1.23

MidCities Filing No. 23 (Summit Green) Page 4 17 Firestone Care Center 1800 Coalton Road Auto Service Complete 1.28 8,142 18 Undeveloped 1910 Coalton Road Undeveloped 1.11 19 Jack in the Box at MidCities 1940 Coalton Road Drive-through Restaurant Complete 1.026 2,805 20 Summit Bank 2002 Coalton Road Bank Complete 2.073 14,000 21 22 Freddy's Frozen Custard End Zone Car Wash 2300 Colton Road Drive-through Restaurant Complete 1.38 3,565 2490 Coalton Road Car Wash Complete.85 4,317 23 Sonic Restaurant 2400 East Coalton Road Drive-through Restaurant Complete 1.01 1,528 24 Chick-fil-a 2580 Coalton Road 25 Texaco and Auto Service 595 Summit Boulevard Drive-through Restaurant Commercial Retail, carwash, gas, service Complete 1.22 4,211 Complete 2.9 18,153 26 El Tapatio 488 Summit Boulevard Restaurant Complete 1.38 6,414 27 Wells Fargo Bank 498 Summit Boulevard Bank Complete 1.22 4,700 28 Popeye s 64 W. Flatiron Crossing Dr. 29 Taco Bell 60 W. Flatiron Crossing Dr. Drive-through Restaurant Drive-through Restaurant SDP under consideration 1.09 2,297 Complete.92 1,997 30 C.B. & Potts 555 Zang Street Restaurant Complete 1.76 11,900 31 5 Guys Mattress Firm 570 Zang Street Restaurant Retail Complete 1.23 5,559 32 DSW Shoes 595 Flatiron Boulevard Retail Complete 3.3 35,000 33 Heritage Place Southwest corner of Interlocken Loop and Interlocken Boulevard Retail, Office, Residential SDP Approved No Construction 8.18 75 units 392,000 II. APPLICABLE CITY AND COUNTY OF BROOMFIELD PLANS Relationship to Comprehensive Plan and Financial Plan Comprehensive Plan The Broomfield Comprehensive Plan designation for the proposed development is "Mixed-Use Commercial" and the proposal is consistent with the Comprehensive Plan. The map provided below shows the portion of the Comprehensive Plan Land Use Map pertaining to the subject property and surrounding area. The Mixed-Use Commercial category is depicted in the 2005 Comprehensive Plan as "a commercial area providing a mix of commercial uses with supporting multi-family or single-family attached residential uses." This land use designation allows for a maximum of 30% of the land area

MidCities Filing No. 23 (Summit Green) Page 5 to be used for residential uses within the district. Existing approved residential projects comprise approximately 21% of the overall MidCities mixed-use commercial district. The addition of the proposed plan would increase the percentage of residential acreage to 24%. Goals and Policies Elements of the proposed project could help meet the following Comprehensive Plan goals: Goal LU-B Encourage mixed-use developments that provide the benefits of more compact, denser development with a mix of living, shopping and working environments; Policy LU-A.2 - Ensure that infill development and redevelopment contribute to the desired mix of land uses.

MidCities Filing No. 23 (Summit Green) Page 6 Financial Plan The comprehensive plan anticipates mixed-use commercial uses (which include some residential uses) within the development. The proposal is consistent with the land use assumptions established in the Long Range Financial Plan as it does not increase the amount of area or number of residential units anticipated for MidCities. The applicant s estimated project valuation for the land is $3.2 million and new construction is $16 million. Property Location III. AREA CONTEXT The site proposed for the Summit Green development is located north of Summit Boulevard, approximately one block south of the intersection of Coalton Road and Summit Boulevard. The majority of property in the area has been developed in a mixture of residential, service and retail uses.

MidCities Filing No. 23 (Summit Green) Page 7 Surrounding Land Uses North South ADJACENT USE/ZONING End Zone Carwash, Chick Fil A, Vacant Commercial Parcel, Tire sales/service and gas station/pud Sunrise Assisted Living Facility, Walmart parking/pud COMPREHENSIVE PLAN DESIGNATION Mixed-Use Commercial Mixed-Use Commercial East Walmart/PUD Mixed-Use Commercial West Summit Office Park/PUD Mixed-Use Commercial Summary of Application IV. CURRENT APPLICATION DETAILED DESCRIPTION AND STAFF REVIEW The proposal includes: A Final Plat to vacate and replace the currently platted public park and various easements. A Site Development Plan for a 198-unit multi-family residential development with four buildings, 365 parking spaces, a public park, and private on-site amenities. The following attachments are included with the staff memorandum: MidCities Filing No. 23 Final Plat (3 pages) MidCities Filing No. 22 SDP (27 pages) Summit Green Color Exhibits (7 pages) This is the applicant s second apartment development in Broomfield. The Atria Arista development at the northeast corner of Wadsworth Parkway and Arista Place is nearing completion. Background/Base Data 1. PROPERTY OWNER Summit Green Apartments, LLC 2. APPLICANT Davis Development/Morrow Investors, Inc. 3. PROPERTY LOCATION South of Summit Boulevard, West of Summit Office Park development 4. PROPERTY SIZE 7.34 acres 5. CURRENT ZONING PUD 6. PROPOSED ZONING PUD 7. CURRENT LAND USE Undeveloped 8. PROPOSED LAND USE Residential 9. COMPREHENSIVE PLAN DESIGNATION Mixed-Use Commercial

MidCities Filing No. 23 (Summit Green) Page 8 Land Use Summary The following is a composite land use summary for the proposed development. PROPOSED MIDCITIES FILING NO. 23 (SUMMIT GREEN) COMPOSITE LAND USE SUMMARY Land Use Coverage Sq. Ft. Acres % Dwelling Units DU/ Acres Projected Development Costs Open Areas 131,551 3.02 41.1% $ 3,200,000 Buildings 68,389 1.57 21.4% 198 27 $16,000,000 Drives and Paved Surfaces 87,991 2.02 27.5% Public Land Dedication 31,799.73 10.0% Total 319,730 7.34 100% 198 27 $ 19.2 Million The graphic depicts the site data coverage as a percentage of the site. Population Estimate Multi-family apartment developments are estimated to generate approximately 1.91 persons per household. Approximately 378 residents are expected with a 198-unit apartment development. Concept Review A concept review was conducted prior to approval of Summit Green Filing No. 22. Because the proposed SDP is of a similar size and design, a concept review was not required.

MidCities Filing No. 23 (Summit Green) Page 9 MidCities Filing No. 23 Final Plat The MidCities Filing No. 22 Final Plat is currently a lot (for development of the apartments) with various utility and access easements, and a tract (Tract A dedicated to Broomfield for use as a park). The proposed MidCities Filing No. 23 Final Plat will vacate the existing easements. An ordinance to transfer Tract A (the current park) to the private property owner is needed to proceed with the proposed final plat and SDP. Approval of the proposed final plat and SDP will dedicate a new (larger tract) for the park and create utility and access easements for the new development, including a pedestrian access easement connecting the new public park to the private access drive along the north side of the site. Site Development Plan The SDP shows the site layout, grading plans, landscaping plans, architectural elevations, lighting plans and site details which are discussed in more detail within subsequent sections of the memorandum. The proposal includes requests to vary from the standards in the MidCities PUD and the Broomfield Municipal Code (BMC). Site Layout. The proposed site includes two podium apartment structures adjacent to the private road on the north edge of the site with parking beneath the buildings. Access to the garage is from the existing private road. Fourteen townhomes (rental) are parallel to Summit Boulevard. Two auto parking courts are located between the podium buildings and the townhomes with access from Summit Boulevard at two locations. A dedicated public park of.73 acres is along the western property boundary and a detention pond is located in the northeast corner of the property. The clubhouse is located on the first floor of the eastern podium building and contains the leasing office, fitness room, game/lounge space, and business center. Amenities for the development also include an outdoor pool and kitchen, Jacuzzi, and fire pit. A trash enclosure for the townhome units is located in the surface parking area and trash collection for the podium buildings is within each building. Variations for reductions in specific setbacks, a reduction in the amount of covered parking, temporary signage and permanent signage are included in the SDP. The MidCities PUD allows the reduction of the setbacks if supported by the FlatIron Architectural Control Committee (ACC). The ACC supports the variation requests as proposed. Summit Green Site Plan/Landscape Plan

MidCities Filing No. 23 (Summit Green) Page 10 Vehicular access and parking. The project has two points of access from Summit Boulevard. The western access is a right-in, right-out. An emergency-only median cut in Summit Boulevard will be constructed with the project at this location. The eastern access is the main access for the project as it is a full intersection close to the leasing office with the project monument sign. Both access points serve the surface parking areas for the podium buildings and the townhome garages. The project uses the topography of the site to tuck the parking under the podium building. This configuration allows the living units to start at ground level on the south side of the building. The parking garage contains 144 spaces and seven handicapped accessible spaces. Approximately 34% of the garage spaces are compact size (8 x 15). The project overall contains 14% compact spaces which is within the 40% allowed by the Broomfield Municipal Code. There is one controlled access point into each garage from the private access drive. The garage area is separated from the private access drive by a retaining wall ranging from one to fourteen feet high. Due the topography, the garage is open on the lower elevation. The openings are covered with a metal grill in a dark brown color. The surface parking (175 standard sized spaces, 6 handicapped, and two loading) is located in two parking courts and along the access drive from Summit Boulevard. A total of nine motorcycle and 20 bicycle parking spaces are included in the project. Pedestrian Access. The proposed SDP includes sidewalks from the existing sidewalk along Summit Boulevard throughout the project and along the front of the buildings. An eight-foot wide public sidewalk meanders through the park and connects to the eight-foot sidewalk that will be constructed along the private access drive on the north side of the development. Private pedestrian access is provided into the underground garages from this sidewalk. Grading, Drainage, and Utilities The site generally drains from the southwest to the northeast with approximately 38 feet of fall across the site. The site rises sharply from the private access drive between the site and the properties that front onto Coalton Road. The site plan proposes using the construction of the underground parking for the podium buildings to address the grade difference. Due to the grade a series of retaining walls, ranging in height from one foot to fifteen feet, are proposed along the podium buildings and around the stormwater detention pond in the northeast corner of the property.

MidCities Filing No. 23 (Summit Green) Page 11 The developer has proposed the use of block retaining walls in all locations on the site. The FlatIron ACC has requested that the walls around the detention pond reflect the standard wall material in the MidCities PUD and ACC guidelines (beige stone) because this location is visible from a public street. Other walls along streets in MidCities have used this material. The retaining walls along the private access road could be constructed of block material in a complementary color because they are not as visible from a public street. The developer should revise the plans to identify the location of each type of wall and provide two wall details in the SDP. Engineering Reviews The Engineering Department has reviewed the utility, drainage, and traffic reports for the project. Water and sewer services are available and have capacity for the project. The drainage plan and stormwater detention is adequate and compatible with the overall MidCities stormwater system. Suggestions for traffic improvements have been resolved by modifications in the proposed SDP. An Improvement Agreement will accompany the project at the City Council hearing and ensure completion of public and private improvements associated with the project. Landscape Plans Approximately 41% of the site is comprised of open area (includes park dedication) which is in excess of the 25% requirement in the MidCities PUD. Citron Park is located along the western boundary of the property and will be dedicated to Broomfield along with a public access easement for a pedestrian connection from the park to the business area along Coalton Road (north of the development) and the sidewalk along the private access drive. The park (.73 acres) contains a playground, small playable green field, a meandering concrete path, benches, and five parking spaces. A public park sign will be installed facing Summit Boulevard and a sign directing the public to the park will be installed at the bottom of the stairway on the north side of the project. Architectural Elevations There are two distinct building types within the development - the podium buildings (2) containing 184 apartments and the row homes (14 units in two buildings) along Summit Boulevard. The four to five story podium buildings will feature color palates and distinctive materials to blend with the existing architecture in MidCities. The four-sided architecture and massing of the building is broken up with a variety in detailing, materials, color, and elevation forms including a hip roof.

MidCities Filing No. 23 (Summit Green) Page 12 The height of the podium buildings is 59 feet which is within the 60-foot maximum height permitted in the MidCities PUD. South Elevation West Elevation (along the park) North Elevation (garage access) East Elevation

MidCities Filing No. 23 (Summit Green) Page 13 The townhome units provide a variety in height in the project with a three-story residential façade along Summit Boulevard. The building materials and color palette for the townhome units match the podium buildings. The height of the buildings is approximately 43 feet. A two-car garage is included with each unit and is accessed from the internal project driveway. Front Elevation of Townhome Units Rear Elevation of Townhome Units The FlatIron ACC has reviewed the plans and given conditional approval (see Attachment 1). Public Lands The Public Land Dedication for the MidCities was met for 1,075 units approved with the original PUD. With the increase of 124 residential units in the proposed SDP (two less than the number permitted in the PUD) an additional public land dedication of 5.69 acres is required. The final plat and SDP for Summit Green approved in 2013 included a.59-acre park dedication in the center of the property with a tree-lined allee (.14-acre) connecting the park to Summit Boulevard and a cash-in-lieu payment of $219,978 to meet the public land dedicated obligation. Because the development did not move into a building permit phase, the cash-in-lieu was not collected. The current proposal moves the park to the western edge of the property and increases its size to.73-acre. In order to accomplish the relocation of the park, Broomfield will return the current park land (which was never developed) to the owner concurrent with the dedication of the new park as part of the Summit Green Filing No. 23 Final Plat. A cash-in-lieu payment of $216,057.60, payable prior to building permit, would satisfy the remainder of the public land dedication obligation for the project.

MidCities Filing No. 23 (Summit Green) Page 14 Site Details, Lighting Plans and Signage The site and park details are addressed on sheets 16-19 of the SDP and show the project signage, retaining walls, fencing, and park improvements (playground, benches, shelter, etc). The lighting plans and details are provided on sheets 24-27 of the SDP. A variety of lights are proposed with a combination of pole lights in the parking area and lights on the buildings for the balance of the site. Bollard style lighting will illuminate the sidewalk through the park. The applicant has requested variances to the signage for the development. One variance is from the requirements of the Broomfield Municipal Code and would permit temporary signage to announce the leasing opportunities at the initial opening and as units become available. The other variance would permit an increase in height for the permanent monument sign. The ACC supports both variations, but will require the MainStreet signature M be incorporated into the permanent monument sign. Noise/ Airport Influence The project contains residential units within the Airport Critical Zone. The residential units were one of the permitted uses on the property with the approval of the seventh amendment to the MidCities PUD. Referral comments from Rocky Mountain Metropolitan Airport (RMMA) expressed concern about the impact of the airport operations on residences. In order to address the airport's concerns, the SDP includes a note requiring sound attenuation and a commitment in the SDP and the Subdivision Improvement Agreement to notify all residents of impacts due to the close proximity of the airport. The avigation easement over the property is of record. Requested Variations The applicant is requesting the following variances from the Broomfield Municipal Code (BMC) and/or the MidCities PUD: Reduction of Required Number of Covered Parking Spaces. The MidCities PUD requires one covered parking space for each residential unit. The applicant proposes to provide covered parking spaces for 83% of the units. The request is made because the area under the podium buildings is not large enough to accommodate 184 spaces. Underground parking will be provided for all the townhome units (two spaces per unit) and 150 of the units in the podium building. The total number of parking spaces meets the requirements of the BMC. The FlatIrons ACC supports the reduction of covered spaces. Encroachment of building overhangs into utility easement along Summit Boulevard. The request would permit an encroachment of no more than two feet into the 20-foot setback/utility easement along Summit Boulevard. The Broomfield Utilities Division does not object to this request. Reduction of setbacks for buildings and parking. Three variations are included in this request. One would permit no setback between the park and the parking spaces for the park and a second would permit a 15-foot setback for the building adjacent to the park. The MidCities PUD requires a 20-foot setback, but allows a reduction to zero if approved by the ACC. The ACC has reviewed and supports this request. The third setback variation is to reduce the setback for a portion of the parking along Summit Boulevard from 20 feet to 18 feet to accommodate full size parking spaces (vs. compact). The MidCities PUD allows this reduction with ACC approval, which has been received.

MidCities Filing No. 23 (Summit Green) Page 15 Temporary signage. The Broomfield Municipal Code does not allow temporary signage for residential uses. The variation would permit temporary signage to assist in the initial leasing of the project and allow a temporary sandwich board sign to attract new tenants as the project matures. Increase in height of entry monument sign. The MidCities PUD (6 th Amendment) requires the standard MidCities monument sign to be 6 foot 3 inches tall and 11 foot 6 inches long at the base. The primary entry to the development does not have enough depth to accommodate the prescribed sign design while meeting the required 10-foot setback and avoiding a utility easement. The application is proposing an eight foot tall monument sign. The MidCities PUD permits modification of the sign subject to ACC and City Council approval. The ACC has granted a variation in the monument signage for other projects and supports the height of the proposed sign for the project. V. STAFF REVIEW OF KEY ISSUES Throughout the review process, the applicant worked diligently to address review comments. Remaining key issues for Planning Commission consideration are: Clarification of retaining wall color and material. The plans do not reflect the FlatIron ACC standard for the walls adjacent to Summit Boulevard. A modification of the plans is needed prior to consideration by City Council to provide a detail of the stone wall and identify the location of the stone-faced wall and the block walls on the site. Monument sign. While the variation to increase the height of the monument sign is supported, the sign should incorporate the MainStreet M in a manner acceptable to the FlatIron ACC in order to maintain consistency of signage throughout the MainStreet area. VI. APPLICABLE MUNICIPAL CODE STANDARDS A public hearing is required. At the conclusion of the public hearing, the Planning and Zoning Commission reviews the application based on the following provisions of the BMC. Subdivision Plats 16-20-090 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 final plat meets the standards set forth in section 16-16-110 and is generally consistent with an approved preliminary plat, if there is one. No final plat will be recommended by the planning and zoning commission or approved by the city council until such maps, data, surveys, analyses, studies, reports, plans, designs, documents, and other supporting materials as may be required herein have been submitted and reviewed, and found to meet the planning, engineering, and surveying requirements of the city required; provided, however, that the city engineer may waive any final plat requirement for good cause shown. (Ord. 724 1, 1987; Ord. 934 4, 1992; Ord. 1147 1, 1995; Ord. 1935 23, 2011) 16-16-110 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 preliminary plat meets the following standards: (A) (B) (C) The project should not create, or should mitigate to the extent possible, negative impacts on the surrounding property. The project should provide desirable settings for buildings, make use of natural contours, protect the view, and afford privacy and protection from noise and traffic for residents and the public. The project should preserve natural features of the site to the extent possible.

MidCities Filing No. 23 (Summit Green) Page 16 (D) The proposed traffic flow and street locations should be consistent with the city's master plan, should be in accordance with good engineering practice, and should provide for safe and convenient movement. (E) The lots and tracts should be laid out to allow efficient use of the property to be platted. (F) The proposed public facilities and services should be adequate, consistent with the city's utility planning, and capable of being provided in a timely and efficient manner. (G) The proposal should comply with the design standards of chapter 16-28, the improvement requirements of chapter 16-32, and the standards and specifications of chapter 14-04. (H) The proposal should be consistent with the need to minimize flood damage. (I) The proposal should have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and designed to minimize flood damage. (J) The proposal should have adequate drainage provided to reduce exposure to flood damage. (Ord. 724 1, 1987; Ord. 769 2, 1988; Ord. 1111 7, 1995; Ord. 1935 18, 2011 16-20-050 Final plat; hearing and notice; planning and zoning commission. The planning and zoning commission shall hold a public hearing on the final plat. Notice shall be given in accordance with the provisions of chapter 17-52. (Ord. 724 1, 1987; Ord. 1111 9, 1995; Ord. 1935 20, 2011) 16-20-060 Final plat; recommendation; planning and zoning commission. Within thirty days of the conclusion of its public hearing on the final plat, the planning and zoning commission shall adopt a resolution recommending approval, disapproval, or conditional approval. If the approval is conditional, the conditions under which the final plat would be acceptable shall be set forth. (Ord. 724 1, 1987; Ord. 1111 10, 1995; Ord. 1935 21, 2011) Site Development Plan 17-38-180 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 17-52. (Ord. 725 1, 1987; Ord. 1111 33, 1995; Ord. 1935 41, 2011) 17-38-190 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. 725 1, 1987; Ord. 1111 34, 1995; Ord. 1935 42, 2011) 17-38-220 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 17-38-010. (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 17-38-240 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. 725 1, 1987; Ord. 1098 2, 1994; Ord. 1111 36, 1995; Ord. 1364 4, 1998; Ord. 1935 54, 2011) 17-38-350 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. 1288 1, 1997)

PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ 2016-31 A RESOLUTION RECOMMENDING APPROVAL OF MIDCITIES FILING NO. 23 SUMMIT GREEN APARTMENTS SITE DEVELOPMENT PLAN AND FINAL PLAT 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 MidCities Filing No. 23 Summit Green Apartments Site Development Plan and Final Plat has been submitted. 1.2 Said application was considered during a public hearing held October 10, 2016. 1.3 Proper notice was given in accordance with chapter 17-52 of the Broomfield Municipal Code. 1.4 Said application is in conformance with the applicable requirements of the Broomfield Municipal Code. 1.5 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. PASSED on October 10, 2016. Chairman Planning and Zoning Commission Secretary Planning and Zoning Commission

PLANNING AND ZONING COMMISSION RESOLUTION NO. 2016-31 A RESOLUTION RECOMMENDING DENIAL OF MIDCITIES FILING NO. 23 SUMMIT GREEN APARTMENTS SITE DEVELOPMENT PLAN AND FINAL PLAT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY AND COUNTY OF BROOMFIELD, COLORADO Section 1. The Planning and Zoning Commission finds that: 1.1 An application for MidCities Filing No. 23 Summit Green Apartments Site Development Plan and Final Plat has been submitted. 1.2 Said application was considered during a public hearing held October 10, 2016. 1.3 Proper notice was given in accordance with chapter 17-52 of the Broomfield Municipal Code. 1.4 Said application is in conformance with the applicable requirements of the Broomfield Municipal Code. 1.5 Said application is not in 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 October 10, 2016. Chairman Planning and Zoning Commission Secretary Planning and Zoning Commission