City and County of Broomfield, Colorado

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City and County of Broomfield, Colorado CITY COUNCIL AGENDA MEMORANDUM To: From: Mayor and City Council George Di Ciero, City and County Manager Teri Malies, Principal Planner Terrance Ware, Planning Director Kevin Standbridge, Assistant City and County Manager for Community Development Meeting Date Agenda Category Agenda Item # March 28, 2006 Council Business 9 (a) 1. Public Hearing on Proposed McKay Landing Filing No. 6 Site Development Plan, Final Plat, Building Permit Allocation and Subdivision Improvement Agreement Location: Southwest Corner of W. 144 th Avenue and Zuni Street Agenda Title: Applicant: Engle Homes Following and Subject to the Results of the Public Hearing, 2. Consideration of Resolution No. 2006-43, Regarding the Application Summary The applicant requests approval of a Site Development Plan (SDP), Final Plat and subdivision improvement agreement for 60 condominium units (12 buildings) on 4.92 acres located at the southwest corner of W. 144 th Avenue and Zuni Street. The application also specifies a building permit allocation for the development. The proposed SDP covers the final portion of developable property in the Mckay Landing PUD and subdivision. The proposal is the second half of a single-family attached site as designated in the McKay Landing PUD. The first portion of the site was approved in 2003 as McKay Landing Filing No. 5. The Subdivision Improvement Agreement outlines the developer s obligations with regard to improvements, including right-ofway, utilities, drainage, and landscaping within the boundaries of the subdivision. Staff concludes that the request meets the Broomfield Municipal Code SDP and Final Plat requirements. There are no outstanding issues. Prior Council Action In May 1998, City Council held a concept review for the entirety of the proposed McKay Landing development. The McKay Landing PUD Plan was approved by Council in May 1999. The SDP for McKay Landing Filing No. 5 was approved by City Council in August 2003. Financial Considerations This property is consistent with the land use and financial projections adopted in 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 and are consistent with the intent of the Comprehensive Plan: o Approval. If the proposed plans do not comply with applicable BMC review standards: o Remand the case to the LURC for additional review and recommendations; o Postpone action on the resolution and continue the hearing to a date certain; or o Direct the City & County Attorney to draft findings to support denial. Proposed Actions / Recommendations Hold the public hearing. Following and subject to the results of the public hearing, if Council wishes to approve the application, it is recommended That Resolution No. 2006-43 be adopted.

McKay Landing Filing No. 6 SDP and Final Plat Page 2 Property Location BACKGROUND The 4.92 acre site is located at the southwest corner of W. 144 th Avenue and Zuni Street. The following vicinity map shows the property s location. In addition to the vicinity map, the following detail map shows the proposed development boundary over an aerial photograph of existing ground conditions.

McKay Landing Filing No. 6 SDP and Final Plat Page 3 Relationship to Comprehensive Plan Land Use Map The 2005 Comprehensive Plan envisions Neighborhood Residential development for this parcel. The proposed project in the context of the overall McKay Landing project is consistent with the land use designation. The following map is a portion of the Comprehensive Plan Land Use Map that covers the subject property and surrounding area. Goals and Policies This proposal facilitates implementation of the following goals and policies of the Comprehensive Plan: Goal HO-C: Diversity of Housing Encourage a diversity of populations by providing a variety of housing types that serve a broad spectrum of households. Goal LU-C: Neighborhoods Create a community of neighborhoods containing a variety of housing types Financial Plan The plans are consistent with the base data and projections contained in Broomfield s adopted Long Range Financial Plan.

McKay Landing Filing No. 6 SDP and Final Plat Page 4 Zoning and Prior Approved Plans The site is currently zoned PUD and is subject to the McKay Landing PUD Plan which was approved in 1999. The PUD Plan designated this property and the property to the southwest for single-family attached dwelling units. The site was split in 2003 when McKay Landing Filing No. 5 was approved. The property for Filing No. 6 was maintained by the long-time property owners, as they were still occupying their two homes on the site. Recently the then property owners, the Swink Famly, decided to sell the remaining property to Engle Homes for inclusion into the overall McKay Landing Development. The existing older homes will be removed prior to development. Concept Review The concept plan for the project was reviewed at a City Council study session in May 1998. The project remains consistent to the original concept review proposal and is consistent with the neighboring Filing No. 5 development. Status of the Development The PUD Plan was approved in May of 1999. This project is the last portion of Planning Area 8, the remaining undeveloped parcel of McKay Landing which will complete the buildout of the subdivision in accordance with the PUD Plan. The development is in conformance with the existing PUD and subdivision agreements. The primary outstanding improvement for the overall subdivision is the construction of McKay s portion of the regional park east of Zuni Street and south of McKay Lake. The developer has been cooperating and coordinating with Broomfield and is eager to complete the park improvements pending discussions with Broomfield, Westminster (the owner of McKay Lake), and the Lambertson Farm developers. Property Ownership and Developer PROJECT DESCRIPTION The property was recently transferred to the new owner, Engle Homes, a division of Tousa Homes, Inc. Engle Homes will be the developer and homebuilder of the project. Project Summary The proposal is for 60 condominium units in 12 five-unit buildings. Filing No. 6 is comprised of approximately five acres and covers 2.2 percent of the overall PUD land area. The project is in conformance with the overall land plan and architectural character of the approved PUD Plan and previous five McKay Landing filings.

McKay Landing Filing No. 6 SDP and Final Plat Page 5 Land Use Summary The proposed land use is residential and private open area. Public land dedications for parks and open space requirements have all been fulfilled with previous McKay Landing filings. The following chart shows the breakdown of the project with regard to land use coverage. MCKAY LANDING NO. 6 COMPOSITE LAND USE SUMMARY Lot Sizes Projected Floor Area Land Use Density Square Feet Max Selling Area Coverages Acres Units DU/A Min Avg Max Min Avg Max FAR Price Planning Condominium 1.37 60 N/A N/A N/A N/A 1,170 1,755 N/A $184,000- Area 8 Buildings $209,000 Private Open Area 2.26 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Parking & Drives 1.29 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Total 4.92 60 12.19 1,170 1,755 LAND USE COVERAGE SUMMARY Parking & Drives 26% Single Family Attached Homes 28% Private Open Area 46% Background Base Data 1. PROPERTY OWNERS/APPLICANT Engle Homes 2. PROPERTY LOCATION Southwest corner of W. 144 th Ave & Zuni Street 3. PROPERTY SIZE Approximately 4.9 acres 4. CURRENT ZONING PUD 5. CURRENT LAND USE Rural Residential 6. PROPOSED LAND USE Residential 7. COMPREHENSIVE PLAN Neighborhood Residential DESIGNATION

McKay Landing Filing No. 6 SDP and Final Plat Page 6 Surrounding Land Uses ADJACENT ZONING/USE COMPREHENSIVE PLAN DESIGNATION North A-1/Rural Residential Rural Residential South PUD (McKay Landing Filing No. 5 Neighborhood Residential /Condominiums East Adams County A-1/Rural Residential Adams County West PUD (McKay Landing Filing No. 4)/Single Family Detached Neighborhood Residential Circulation and Parking The project is accessed from Zuni Street and through the existing private drives in McKay Landing Filing No. 5. The access roads into and within this project are all private drives. A network of internal sidewalks are provided as well as connections from the development to the sidewalks along Zuni Street and W. 144 th Avenue. Each unit includes an attached garage and off-street driveway parking space. In addition, 32 on-site parking spaces are included along the private drives. Parking requirements meet municipal code requirements and provide additional visitor parking to serve the development. Architecture The overall McKay Landing PUD Plan includes a range of detached single-family and attached single-family home types. Filing No. 6 consists of 12 condominium buildings. The size of the homes will range between 1,170 to 1,755 square feet. The condominium units are of similar architectural style as the approved and constructed townhome buildings in Filing No. 5. The architectural detailing and colors are consistent with McKay Landing s overall western waterfront architectural theme. The plans include the architectural elevations for the buildings. These are shown on sheets 10-11 of the proposed site development plan. Two different building types and varying colors are proposed along W. 144 th Avenue to add visual interest and variety to the homes. Three different color schemes are incorporated throughout the project. Open Lands and Community Amenities The McKay Landing overall PUD Plan provides a variety of parks, open areas and trail corridors. The private recreation center, school and school park site, neighborhood parks and trails network as identified in the PUD have all been dedicated with previous filings. A 0.7 acre (30,500 square foot) pocket park to the southwest of this filing was provided with the McKay Filing No. 4. The park, which includes a tot lot and picnic shelter, will serve the residents of Filing No. 4 as well as this proposed neighborhood.

McKay Landing Filing No. 6 SDP and Final Plat Page 7 Landscaping and Signage The landscape plan shows the landscaping for all common areas as well as the adjacent rights-of-way. As a part of this proposal, the developer will be completing the landscaping and sidewalk along W. 144 th Avenue right-of-way along the north boundary of this project and along Zuni Street. On the site plan, the applicant has made efforts to incorporate lowwater species with appropriate irrigation zones designed so that the water needs of individual species are met to minimize wasted water. There are a number of retaining walls proposed throughout the project (maximum of 5-feet high). The wall materials will match the block style used throughout McKay Landing. Two types of fencing are proposed: a low 3 ½-foot fence with stone columns along Zuni Street and a six-foot perimeter fence along W. 144 th Avenue. Both fence styles are consistent with existing fencing in McKay Landing. See the detailed landscape plans (sheets 4-5) for the exact fence locations and sheet 9 for fence details. The applicant has worked with Broomfield to provide a location and easement for a future City and County of Broomfield entry sign. Broomfield is currently working with the developer on the north side of W. 144 th Avenue to locate a Broomfield entry sign. However, if at some point in the future Broomfield desires to locate a sign at this corner of the intersection as well, the developer has granted a sign easement to facilitate the future construction and maintenance of a sign. Final Plat The applicant has submitted a final plat for this project. The plat shows this property as one lot. A future condominium plat will be filed with the Broomfield Central Records Office in accordance with State Statues. The plat includes the sign easement dedicated to the City and County of Broomfield as noted above. Subdivision Improvement Agreement The proposed SIA is a legally binding contract between Broomfield and Engle Homes Colorado which identifies and provides for the orderly installation and maintenance of all improvements associated with McKay Landing Filing No. 6. These improvements include roads, utilities, drainage, and traffic control devices. Special provisions addressed in the SIA include the following: 1. Acknowledgement of Development Agreement The developer acknowledges the required improvements as stipulated in the previously approved development agreement for the McKay Landing PUD Plan. 2. Performance of Developer s Obligations by District The required improvements outlined in the agreement may be installed by the existing Title 32 Metropolitan District.

McKay Landing Filing No. 6 SDP and Final Plat Page 8 3. Zuni Outfall Sanitary Sewer Costs - Prior to the issuance of the first building permit the developer shall make a cash-in-lieu payment of $10,211 for their proportionate share of construction of the already completed Zuni Outfall Sewer line. Building Permit Allocation The applicant is requesting a building permit allocation for development of the 60 units within this filing. Pursuant to section 17-62 of the Broomfield Municipal Code, the building permit allocation for this project is proposed as follows: 20 permits for 2006 and 40 permits for 2007. Resolution 2006-43 approves the proposed allocation. STAFF REVIEW OF KEY ISSUES Staff has not identified any outstanding issues with this project. PHASING/TIMING The applicant intends on building this project over two years as the units are sold. The applicant is requesting from Council, a building permit allocation of 20 units in 2006 and 40 units in 2007. APPLICABLE MUNICIPAL CODE PROVISIONS A public hearing is required. At the conclusion of the public hearing, the City Council reviews the application based on the following provisions of the BMC. 16-20-080 Final plat; decision; city council. Within thirty days of the conclusion of its public hearing on the final plat, the city council shall adopt a resolution of approval, disapproval, or referral back to the land use review commission for further study. 16-20-090 Decisions - criteria The recommendation of the land use review 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 land use review 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. 16-16-110 Review Standards The recommendation of the land use review 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:

McKay Landing Filing No. 6 SDP and Final Plat Page 9 A. The project should not create, or should mitigate to the extent possible, negative impacts on the surrounding property. B. 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. C. The project should preserve natural features of the site to the extent possible. 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. 17-38-210 Site development plan; decision; city council A. Within thirty days of the conclusion of its public hearing on the site development plan, the city council shall adopt a resolution of approval, disapproval, or referral back to the land use review commission for further study. B. The site development plan shall include a legal description of the real property within the boundaries of the site development plan and a vicinity map showing the location in the city of the site development plan, which shall be recorded in the office of the director of recording, elections, and motor vehicles. 17-38-220 Review standards. The recommendation of the land use review 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 sitespecific 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.

McKay Landing Filing No. 6 SDP and Final Plat Page 10 LAND USE REVIEW COMMISSION RECOMMENDATION On January 23, 2006, the Land Use Review Commission (LURC) unanimously recommended approval of the proposed PUD with one condition. Resolution LUR 2006-4 is included as Attachment 1. The LURC condition and developer s response is listed below. 1. That the level of illumination in the mailbox area be reviewed and improved if necessary. RESPONSE: The applicant has reviewed the light levels around the mailbox area (at the southeast corner of building U) and added one fixture just north of the mailboxes to ensure adequate light levels.