Re: Thorncreek Commons Commercial Response to Pre-Application Meeting held September 24, 2014 Comments

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Arnold Watts
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1 8/20/2015 Jay Ruchti Senior Planner City Development Department City of Thornton 9500 Civic Center Drive Thornton, CO Re: Thorncreek Commons Commercial Response to Pre-Application Meeting held September 24, 2014 Comments Dear Jay, Responses to the pre-submittal review comments provided on September 24, 2014 are as follows: Current Planning Senior Planner (Jay Ruchti, ) 1. The Property is zoned Business Park (BP) The Property is subject to the use restrictions applicable to the BP Zone District as well as the provisions of the North Washington Overlay District (NOW). The property was approved as a Property of Economic Significant in Development of the site that complies with the BP Zoning District and is consistent with the designation of Gateway Mixed Use in the North Washington Sub Area Plan (NWSP) and the 2012 Comprehensive Plan may follow the administrative development review process Response: The proposal is to provide for a Conceptual Site Plan for the overall site, with landscaping shown for the primary roads, E. 136 Avenue and the internal roadway. Parcels 1-7 will include commercial/retail uses and Parcel 8 is proposed to be occupied by an entertainment center. Separate CSP s will be submitted as each use is finalized. The property is in conformance with the City s Business Park zoning, and Special Use Permits will be applied for (if required) in conjunction with a Conceptual Site Plan for each specific use as it is submitted. Architectural design will be submitted in conjunction with future CSP s. The site is being planned in conformance with the North Washington Overlay District, and details for conformance with the NOW and the City s Commercial Design Standards will be submitted with future CSP s. 2. Applicants that contain uses designated as allowed by Special Use Permit (SUP) may be reviewed administratively as part of the designation as a Project of Economic Significance. Response: Comment acknowledged. See #1. 3. A timeline of the development process was reviewed and I have attached a copy. Applications may be processed congruently to help speed up the entitlement process. Response: Comment acknowledged. 4. The required development applications were discussed. If you elect not to rezone the property then you need to: a. Process a Conceptual Site Plan (CSP) for the property Administrative Review. Response: This application is for a CSP. Rezoning is not planned

2 b. Process Development Permit (DP) Administrative Review. Response: Development Permits will be submitted later. c. Process a Subdivision Plat Amendment (SUBA) to create the lots shown with the submitted layout Administrative Review. Response: A Final Plat (Subdivision Plat Amendment) accompanies this submittal. d. Developer s Agreement (DA) if required Administrative Review. Response: Applicant is ready to begin discussion and coordination with the City on the Development Agreement once the first round of comments is received from the City staff on the application. A Development Agreement will accompany this project as appropriate. e. Civil Construction Drawings (CD) Administrative Review. Response: Comment is noted. 5. If you rezone the property to PD or another commercial zone district you need to: a. Process the rezoning of the property Public Hearing at Council. b. Process a CSP and potentially a Comprehensive Plan Amendment to accommodate the rezoning request Public Hearing at Council. c. Rezoning the property removes the Project of Economic Significance status from the project and requires DP of the lots (development review, of the site plan, landscape and architecture through a Public Hearing process Public Hearing at Development Permit and Appeals Board). d. Process a SUBA to create the lots shown with the submitted layout Administrative Review. e. DA if required Administrative Review. f. CDs - Administrative Review. (A copy of our Comprehensive Plan and North Washington Subarea Plan are available online.) Response: This application is for a CSP and Final Plat (Subdivision Plat Amendment). Rezoning is not planned. 6. A CSP or Overall Development Plan (ODP if rezoned to PD, as part of a rezoning review is required). These documents include: a. Building footprints and parking areas. b. Pedestrian and vehicular ingress and egress. c. Internal circulation. d. Landscaping areas. e. Rights-of-way (ROW). f. Topography. g. Architectural design. h. Preliminary utility and drainage plans as needed. i. Traffic report. Response: This application is for an overall CSP which includes all of the above listed items, with the exception of architectural design which will be submitted as specific users are identified and individual CSP s are submitted for each lot

3 7. Design Standards: a. Commercial developments for projects that are fifteen acres and larger are reviewed under higher standards focusing on human scale, aesthetics and pedestrian amenities. Please refer to our Commercial Design Standards, which is available online. Response: The property is being planned in conformance with the City s Commercial Design Standards and with the North Washington Overlay District provisions. Details for conformance with the NOW and the City s Commercial Design Standards will be submitted in conjunction with future CSP s. b. Review Section for requirements for the (NOW) requirements. This section provides information on prohibited uses and exterior materials that are not allowed within the district. Response: Conformance with the NOW requirements will be provided at the time of submittal of the individual CSP s. c. Public Land Dedications (PLD) as required by Code was satisfied with the initial subdivision of the property. Amenities however consistent with the Design Standards of the Code will be expected with this development. Site amenities such as public art, sculptures, pedestrian amenities, plazas and court yards will be required at time of development. Response: These requirements will be met and details will be provided at the time of future CSP submittals. 8. You need to notify the Mineral Rights Owners of your development prior to the first public hearing and you must attempt to relocate prairie dogs if they occupy the site, and provide a letter documenting your efforts with the Subdivision Plat (SUB), the DP, and the Grading Permit. Response: The applicant owns 50% of the mineral rights and will notify the other 50% owner of the severed mineral rights at the appropriate time in this administrative review process as required by the City. We are proceeding to discuss prairie dog relocation ideas with various contractors and will have a letter documenting our efforts on this to submit with the second round of review. Development Engineering (DE) Project Manager II (Heath Klein, ) 9. Drainage a. Storm water detention and water quality is required. Response: Water quality detention pond is designed, sized, included in the Drainage Report. b. Off-site drainage easements across the adjacent property are needed for direct outfall from facilities to the Big Dry Creek. This outfall will need to meet the Urban Drainage and Flood Control District (UDFCD) requirements. Response: Off-site drainage is directed conveyed to Big Dry Creek via proposed storm sewer network with new drainage easement dedicated (see Final Plat). c. A floodplain Development Permit is required for any constructions within the floodplain boundary

4 d. A storm sewer in 136 th Avenue outfalls to this site. The open drainage ditch south of 136 th Avenue shall be piped. The pipe needs to be located in a drainage easement. Response: Proposed storm pipes are designed to locate within drainage easement. e. A conditional letter of Map Revision/Letter of Map Revision (CLOMR/LOMR) is required for this site to remove the private drive out of the floodplain. Response: CLOMR/LOMR will be submitted in the later submittal. We are in the process of analysis and study. 10. Streets and Access a. If development is to stay with Business Park and only commercial development. The City will not have the roadways be public ROW, rather the network will be private roadways with public access easements over them. Proposed roadways will be private with public access easements b. Construct a continuous land from Interstate 25 to Grant Street. Response: A proposed improvement of the south most lane of E. 136 th Ave designed in CD s set. c. A Traffic Report with a signal warrant analysis is required showing when the intersection of 136 th Avenue and Grant Street will meet warrants. If met as a result of this development, the developer will be responsible for constructing the signal. If the warrant is met at a later date, the Developer is responsible for cash in lieu for half the cost of the signal. Response: Traffic Report will be included with this submittal. d. Existing access of right-in/right-out (Lincoln) and future signalized intersections with Grant Street. City does not support a traffic signal at this location. e. Internal streets/drives shall be designed according to current City standards and specifications. 11. Associated Agreements and Fees a. Reimbursement Agreements (Estimated amount adjusted for today s inflation dollars, will need to be recalculated at time of Plat plus 3 percent administration fee): th Avenue Water & Sewer Reimbursement: if paid 8/2014 (based on a CCI of ) - $107, $63, = $170, Northern Metropolitan District Tap Fee Reimbursement: Contact Lisa Tussing at Required Reports (see project website for report requirements): a. A final Traffic Report is required with the proposed development. Response: A Final Traffic Report will be included in the submittal. b. A Conceptual Utility Plan (at CSP) & Final Utility Report are required with the proposed development. Response: CSP and Final Utility Report area included in this submittal

5 c. A Conceptual Drainage Plan (at CSP) & Final Utility Report are required with the proposed development. Response: A Drainage Plan and Final Utility Report are included in this submittal. 13. Required Involvement from External Agencies: (Note: All submittals intended for the review of these agencies shall be submitted to the City. The City will forward the information directly to the agency when appropriate). a. State Discharge Permit/Storm Water Management Plan Required by State for all new developments over 1 acre. Response: SWMP is included in the CD s submittal. b. Army Corps of Engineers 404 Permit Required when on-site, delineated wetlands are being impacted. c. Colorado Department of Transportation Required for landscape improvements and right-turn lane improvements. d. Urban Drainage and Flood Control District Required for master plan drainage improvements, in order to receive long term maintenance eligibility. A Final Drainage Report as well as drainage map addressed the drainage improvements. Thornton Fire Department (TFD) Fire Protection Engineer (Dan Biro, ) 1. The Fire Department currently enforces the 2012 International Fire Code and locally adopted amendments. 2. Building permits will not be released until approved access roads and fire hydrants are in-service and all fire protection plans have been submitted. Landscape Architect (LA) Sr. Landscape Architect (Heidi Feigal ) 1. The property is subject to landscape guidelines and requirements outlined in the Comprehensive Plan, NWSP, and the Development Code, Commercial Design Guidelines and the Landscape Code. Use these documents as you create your landscape design and guidelines. Feel free to call to discuss any questions as you integrate the landscaping guidelines to fit your project. Response: We will refer to the above landscape documents for creating our landscape design

6 2. The CDOT ROW will be required to be landscaped and irrigated. We are sensitive to the fact that the commercial property will not want to lose visibility so would be flexible on placement of trees. Response: Requirement understood. 3. The developer is responsible for taking over maintenance of the 136 th Avenue ROW landscaping adjacent to this project. Response: Understood and agreed. 4. The Commercial design guidelines require 30 percent landscape area for commercial sites 15 acres and over. Hardscape plazas that have landscape planters, seating, tree grates, play areas etc. may qualify towards meeting a portion of this requirement. Response: The development overall will meet the 30% landscape area. A note has been added to the landscape sheets. 5. Parking lots with over 50 spaces require ten percent of the parking stall square footage as parking lot island square footage (9 x 18 x number of parking stalls x ten percent = the minimum planted parking lot island square footage). Response: Noted 6. A regional Trail is required to be built from where the existing Regional Trail comes under I-25 on the City golf course north to the existing underpass under 136 th Avenue. A connection up to 136 th is also required. The bridge over the Big Dry Creek will need to meet City Parks requirements and will be maintained by the City. Response: A regional trail will be provided along I-25 and connect to the south via a bridge over Big Dry Creek. 7. Pedestrian Bridge a. Minimum 12-foot width (ten-foot trail width with two feet extra for vehicles). b. Concrete decking using bicycle-safe expansion joints. c. Railings minimum 42 inches high. d. 25-foot straight approach distance as possible. e. Trail lighting as safety requires. f. Visit Excel Bridges at and Continental Bridge at for examples. 8. The City requires separate irrigation construction plans, prepared by a qualified professional and be submitted to the Landscape Architects for review with the CDs (usually not with the first Civil submittal but after the DP landscaping is close to final plans. 9. Multiple Lot commercial developments require a separate irrigation meter(s) for the common landscaping. The City will allow the commercial pad sites to use the building s domestic meter to irrigate the landscaping on the individual lot

7 10. A Business Owners Association or equivalent needs to be created at the time of the SUBA to assure that common area and ROW landscaping, snow plowing, detention pond maintenance and other common maintenance is performed regularly in the overall development. Response: An association is proposed to be created and legal work to create it will start during the review of our application. 11. The overall site cannot exceed a Moderate water-demand as defined in the Code. Specific types of landscape areas such as the back-of-curb, detention ponds, native areas and parking lot islands cannot exceed a Low water demand. Only plants chosen from the Low and Ultra Low City plant list (on City Website) can be used in rock mulch. Response: Understood. 12. If tree grates are used, they are required to be a minimum of 35 square feet of area. The back-of-curb must be a minimum of six feet wide to be planted with trees and or sod. Response: Understood. 13. Loading, trash areas and utility boxes are required to be screened to the best extent possible. Response: Understood. 14. The Certificate of Occupation (C.O.) will not be issued for any new building until the landscaping is installed. If weather does not allow landscape installation at the time of the C.O., a cash surety is required (150 percent of the cost of landscaping and irrigation). Response: Understood. 15. The CSP (or ODP) requires a very simple landscape plan that shows conceptual turf, shrub beds and some of the tree locations. Plant material should not be identified; just symbols should be used on the plan. The following notes should be used on the Conceptual Landscape Plan. a. Statement that Design shown is conceptual. Actual design will be determined at the time of the Development Permit. b. Statement that The landscaping will be designed to the City Code water-wise principles. c. Statement that unless provided by a Business or Home Owners Association all right-of-way landscaping and snow removal is the responsibility of the owner or assigns of the adjacent property. Response: The notes have been added to the landscape sheets of the CSP. 16. The applicants are encouraged to review Sec. 800 of the Standards and Specifications, and City Code Chapter 18, Division 9 for more landscaping information. Response: Comment noted; these standards have been reviewed in the preparation of this application

8 Policy Planning Senior Planner (Rob Larsen, Policy Planning has reviewed the above-mentioned referral and has the following comments regarding the 2012 Thornton Comprehensive Plan and other long range planning documents, as they pertain to this application. Policy Planning generally supports the developer s initial approach to developing this parcel, which is designated as Gateway/Mixed Use in the Comprehensive Plan. Gateway requires a special land use element, preferably in a mixed-use single owner development. Please see the definition of Gateway/Mixed Use on page 3.12 of the 2012 Thornton Comprehensive Plan for more detail. Although no development plans are secure at this time, Top Golf a specialized sports entertainment use, would meet the spirit of Gateway. Current Planning s requirements for a cohesive architectural plan and seamless landscaping treatments across any future subdivided parcels, mirrors and intent of the future land use designation above, even if multiple owners end up developing individual parcels. Policy Planning s conditional support of this development is predicated on three items: 1. Top Golf being delivered as a special regional entertainment use anchoring this development; 2. A cohesive architectural plan if this parcel is subdivided; and 3. Seamless landscaping features that create the feeling of a single owner development. Response: The developer is currently working to bring a major entertainment user to the site, though contracts have not yet been signed. The property is being planned in conformance with the City s Commercial Design Standards and with the North Washington Overlay District provisions. Details for conformance with the NOW and the City s Commercial Design Standards will be submitted in conjunction with future CSP s along with architectural design. Landscape design for the major roadway system is included with this submittal and more detailed landscape architecture for each individual parcel will be submitted with future CSP s. Please let me know if you have any questions or require any additional information. We look forward to working with the City of Thornton through the review and approval process for this exciting new community. Sincerely, Norris Design Leslie Lee, AICP, LEED AP, BD+C Senior Associate - 8 -

City Development Department 9500 Civic Center Drive Thornton, Colorado FAX

City Hall City Development Department 9500 Civic Center Drive 303-538-7295 Thornton, Colorado 80229-4326 FAX 303-538-7373 www.cityofthornton.net Ben Swanson Dormie Capital Partners 3740 Dacoro Lane, Suite