Meeting Date: August 23, 2016 COUNCIL COMMUNICATION Agenda Item: Agenda Location: Public Hearing Work Plan # N/A Legal Review: X 1 st Reading 2 nd Reading Subject: A public hearing regarding a Conceptual Site Plan and a Development Permit/Specific Use Permit application for the development of property generally located south of East 136 th Avenue and east of Interstate 25 (Rolling Hills Thorncreek Commons Topgolf). 1) A resolution approving the Conceptual Site Plan for approximately 14.4 acres of property to allow for the development of a private recreation center on property located south of East of 136 th Avenue and east of Interstate 25. 2) A resolution approving a Development Permit/Specific Use Permit for the architecture, site plan, landscape plan, and golf driving range safety netting for the development of an approximate 65,000 square-foot private recreation center, including an indoor/outdoor driving range, restaurant, lounge, and entertainment facility on the property pursuant to Chapter 18 of the Thornton City Code. Recommended by: Jeff Coder Approved by: Jack Ethredge Ordinance previously introduced by: Presenter(s): Grant Penland, Current Planning Manager SYNOPSIS: Conceptual Site Plan (CSP) The requested CSP is in conformance with the overall development requirements for the Rolling Hills Thorncreek Commons Subdivision. Development Permit/ Specific Use Permit (DP/SUP) The DP/SUP application is a request for approval for the architectural elevations, site plan, landscape plan, and safety netting for a 65,000 square-foot, private recreation center, including a three-story members only indoor/outdoor golf range with 102 hitting bays, outdoor enclosed driving range outfield, full service restaurant, and entertainment facility. The DP for the facility is in compliance with the design standards of the Development Code, CSP and the North Washington Subarea Plan. The height of the safety net, because it exceeds 60 feet, requires the approval of an SUP within this zoning district. RECOMMENDATION: Staff recommends Alternative No. 1, approval of the requested CSP and DP/SUP for the property because the proposed use meets all of the requirements of the Development Code and will provide uses on the site which are complimentary with the surrounding uses and facilities and anticipated development in the immediate area.
COUNCIL COMMUNICATION PAGE 2 BUDGET/STAFF IMPLICATIONS: None. ALTERNATIVES: 1. If the CSP is approved, then approve the DP/SUP. 2. If the CSP is denied, then deny the DP/SUP. BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY): (includes previous City Council action) Conceptual Site Plan (CSP) Standards: The proposed CSP meets the North Washington Subarea Plan designation of Gateway/Mixed Use and the Comprehensive Plan Future Land Use Designation of Gateway/Mixed Use. The proposed CSP provides for the orderly and planned development of the site consistent with the design standards of the Code. 1. The CSP promotes orderly land development of a vacant site. 2. The proposed CSP is compatible with present development in this area, and will not have a significant, adverse effect on the surrounding area. 3. The proposed CSP provides for an appropriate use of the property allowing for the development of the project. 4. The proposed CSP is consistent with the public health, safety and welfare, as well as efficiency and economy in the use of land and its resources. 5. The implementation of these design standards will create a successful development. 6. The proposed use is consistent with the current zoning on the property. 7. Adequate facilities and services exist or are planned by the project to serve the development. DEVELOPMENT PERMIT/SPECIFIC USE PERMIT (DP/SUP): The Development Permit application is for the review of the site plan, architecture, and landscaping for the development. The proposed development is a private recreation center, club or area, and is allowed as a use-by-right within the Business Park Zoning District. The SUP is a review of the height of the golf safety netting around the driving range outfield because it exceeds 60 feet. City Council can establish a different height standard with the approval of an SUP upon a finding that the use complies with Section 18 52 of the Development Code. PROPERTY INFORMATION: Existing Zoning Business Park (BP) Existing Land Use Vacant Size of site 14.4 acres Comprehensive Plan Designation Gateway/Mixed Use
COUNCIL COMMUNICATION PAGE 3 SURROUNDING ZONING AND LAND USES: West: I-25 East: Parks and Open Space (POS), Thorncreek Golf Course South: POS North: Business Park, northern portion of the Rolling Hills Thornton Commons Development GENERAL SITE LAYOUT: This site consists of approximately 14.4 acres located at the southeast corner of East 136 th Avenue and Interstate 25. Access to the Rolling Hills Thorncreek Commons development will be from two locations off of East 136 th Avenue: a right-in/right-out access onto Lincoln Street and a full-movement access at Grant Street. Access to the proposed Topgolf facility will be via Grant Street. A proposed regional trail will be located adjacent to the western boundary of the development and will connect via an existing underpass under East 136 th Avenue to the proposed Denver Premium Outlet development on the north side of East 136 th Avenue. The proposed site plan and landscape plan meet the site design standards specified in Chapter 18 of the Thornton City Code, including the Commercial Design Standards and the site design standards of the approved North Washington Subarea Plan. Public Improvements: All public improvements will be completed by the Developer in order to serve this site. The scope and timing of improvements will be determined during the subdivision process. Public improvements include, but are not limited to, the installation of turn lanes along East 136 th Avenue and improvements to intersections of both Lincoln Street and Grant Street. The developer will install all internal roadways with the development of the site. Drainage: A Preliminary Drainage Study has been submitted to the City and is currently under review by Development Engineering. The proposed drainage plan follows historical drainage patterns with runoff discharging into the Big Dry Creek and the drainage report will guide the design of the drainage improvements associated with the development of this commercial development. Detention will be provided by onsite detention ponds that will provide water quality and detention to be released at allowable rates to the Big Dry Creek. The scope of these improvements will be determined during the subdivision process. Water and Sewer: Water and sewer are available to the site. The developer will be responsible for extending all necessary water and sewer lines within the site. Traffic and Circulation: Traffic impacts from the proposed development were reviewed by Development Engineering within the context of the request. Access to the site will be off of East 136 th Avenue at two locations: a full movement intersection at Grant Street and a right-in/right-out movement access at Lincoln Street. Internal roads within the Rolling Hills Thorncreek Commons development are private roads. These private drives connect throughout the overall site and provide suitable traffic circulation for the development. A traffic study was reviewed and approved by the Fire Department, Infrastructure Department, and Development Engineering for the Rolling Hills Thorncreek Commons development and a letter of compliance was submitted for the Topgolf site.
COUNCIL COMMUNICATION PAGE 4 Pedestrian Circulation: The pedestrian circulation for the center will generally be along sidewalks adjacent to the private roads within the subdivision. These sidewalks will provide pedestrian and bicycle access to the sidewalk along East 136 th Avenue and the future buildings proposed for the site. A regional trail connection will be provided through the site adjacent to the western boundary and it will connect via an underpass to developments on the north side of East 136 th Avenue. Landscaping: Proposed landscaping for the site will meet City Code requirements. A minimum of 20 percent open space, including landscaping, pedestrian plazas, and sidewalks is required by Code. The proposed plan includes 42 percent open space and landscaping as shown on the submitted Development Permit plans. Public Land Dedication: The Public Land Dedication (PLD) requirements for the site were previously satisfied per Thornton City Code. Future lot development will require the installation of amenities consistent with the design standards of the Code. Architecture: The proposed architecture is in compliance with the Design Standards of the City and the North Washington Subarea Plan. The proposed architecture for this facility sets the tone for the remainder of the commercial development in order to create a unified design theme for the development. The building incorporates horizontal off-sets and facade finish materials to create variation in facade texture and utilizes four-sided architecture. Exterior materials include stone, stucco, brick, textured concrete masonry units, a high performance composite siding and other similar materials. The building rooflines incorporate a variation in roof forms and heights of roof elements and architectural elements to create visual interest. Long building walls will be articulated where feasible to create depth and break up large expanses of wall planes. All signage will be reviewed and approved by separate permit. Site Lighting: The site photometric plan was reviewed by staff and meets City Code requirements. Sufficient light is provided in the parking areas and at building entrances as required by Code. Light fixtures are cut-off and downcast to prevent glare on surrounding properties. Topgolf s lighting package has been developed so all outfield lighting is angled down from the roof deck (rather than the net poles) and the fixtures incorporate louvers to eliminate lateral light pollution, tinted bulbs to cut down on glare, and dimmable ballasts to limit the intensity of the fixture. Specific Use Permit (SUP) Factors to Consider: The Code allows golf safety netting to have a maximum height of 60 feet. A different height standard can be established with the approval of an SUP. The applicant is requesting a maximum safety net height of approximately 170 feet. The height of the golf safety net starts at 90 feet on the southernmost poles and gradually rises to 170 feet on the northern most poles. Topgolf has determined, through careful study, that these heights are necessary to prevent golf balls from straying out of the driving range area; see Exhibit I. An SUP is evaluated as to its probable effect on the adjacent property and the community welfare. In order to grant an SUP pursuant to Section 18-52 of the Thornton City Code, the use shall: Complement or be compatible with the surrounding uses and community facilities. Contribute to, enhance, or promote the welfare of the area of request and adjacent properties. Not be detrimental to the public health, safety or general welfare. Conform in all other respects to all applicable zoning regulations and standards.
COUNCIL COMMUNICATION PAGE 5 Be in conformance with the Comprehensive Plan. The proposed safety net complements the character of the adjacent public golf course to the east. Golf safety nets are frequently located on golf courses and driving ranges adjacent to golf courses. The golf safety net will prevent golf balls from traveling out of the driving range causing damage to automobiles using Grant Street and harm to pedestrians utilizing the cart path on the adjacent golf course and the sidewalk along Grant Street to the north and west. The installation of the elevated safety net coupled with adjacent buffering promotes the development of an approved use and prevents adverse impacts on adjacent property. The proposed outdoor sports use will not be detrimental to the public health, safety or general welfare of the area and adjacent property with the inclusion of an elevated safety net. Elevated safety nets are common features around a driving range. The proposed use conforms to the applicable zoning regulations and standards, and is in conformance with the Comprehensive Plan and the North Washington Subarea Plan land use designation of Gateway/Mixed Use that allows upscale, destination-oriented signature development including commercial recreation and outdoor entertainment/outdoor sport uses. The Gateway/Mixed Use category includes uses such as a small hotel, specialty retail, restaurants, offices and high density residential, theaters, commercial recreation and outdoor entertainment. The Comprehensive plans applicable strategies and polices are as follows: 5.5.4 Ensure that all residential neighborhoods are adequately served by quality community and neighborhood scale commercial centers at appropriate locations. 6.2.1 Promote the development and maintenance of healthy, viable commercial centers. PUBLIC NOTICE AND RESPONSE: Public Notification: All residents within at least 1,500 feet of this site were sent notice of the public hearing ten days prior to August 23, 2016. A public notice of the hearing was advertised in the Northglenn-Thornton Sentinel on August 11, 2016. Notification of the City Council hearing was posted on the property for ten days prior to the August 23, 2016 public hearing. Public Response: A neighborhood meeting was held on July 20, 2016, to gather input and share ideas regarding the proposed development. A total of approximately 150 residents from the surrounding neighborhoods attended the meeting, with 55 identifying their residence as Hunters Glen and 60 identifying their residence as Rolling Hills. 137 persons signed in at the meeting and 87 provided comment cards at the meeting. Based upon the provided comments, concerns were raised regarding traffic, noise, light, property value, and view impacts. History: The property was annexed into the City on May 28, 1974, by Ordinance No. 621. The property was categorically zoned Business Park on January 25, 1993, by Ordinance 2230 On June 15, 2004, City Council denied a request to rezone the property from Business Park to Planned Development to develop a Wal-Mart Supercenter on the property.
COUNCIL COMMUNICATION PAGE 6 On June 29, 2004, City Council established a temporary suspension of processing development applications for a portion of North Washington Subarea, including this property, to develop a plan to achieve meaningful development in the area. The North Washington Subarea Plan was adopted by City Council on April 26, 2005. City Council approved this portion of the North Washington Subarea as a Project of Economic Significance, by Resolution CD No. 2007-085 on May 22, 2007. Based upon Resolution CD No. 2007-085, which allows for the administrative review of future CSP to expedite the development of the area, the City administratively approved a CSP for the whole Rolling Hills Thornton Commons Subdivision with the requirement that each individual pad site process their own CSP. The Comprehensive Plan 2012 update was adopted by Council on September 11, 2012.
R E S O L U T I O N A RESOLUTION APPROVING THE CONCEPTUAL SITE PLAN FOR APPROXIMATELY 14.4 ACRES OF PROPERTY TO ALLOW FOR THE DEVELOPMENT OF A PRIVATE RECREATION CENTER ON PROPERTY LOCATED SOUTH OF EAST 136TH AVENUE AND EAST OF INTERSTATE 25 (ROLLING HILLS THORNCREEK COMMONS TOPGOLF). WHEREAS, Topgolf International, Inc., is the applicant ( Applicant ) and 136 Joint Venture is the owner ( Owner ) of certain real property (Property) within the City of Thornton (City), commonly described in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, in order to develop the Property, the Applicant with the consent of the Owner, has submitted an application for a Conceptual Site Plan (CSP) on the Property; and WHEREAS, the proposed CSP is consistent with the goals and desires of the City, provides for orderly growth within the City, and provides for a beneficial and efficient use of the Property; and WHEREAS, the aforesaid application and all supporting documents are hereby incorporated as if fully set forth herein; and WHEREAS, the CSP application is a matter of public record in the custody of the City Development Department, and is available for public inspection during business hours of the City; and WHEREAS, on August 23, 2016, the City Council of the City of Thornton conducted a public hearing on said application, pursuant to the procedural and notice requirements of Chapter 18 of the Thornton City Code, and the Council having considered the evidence presented in support of and in opposition to the application, the applicable zoning, the City s Comprehensive Plan, and staff recommendations and so having considered the record and given appropriate weight to the evidence. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS: 1. The City Council finds that the CSP has been submitted in compliance with the provisions of Chapter 18 of the Thornton City Code: a. The development is consistent with the regulations of the Code. b. The CSP promotes orderly land development. 2. The City Council finds that the proposed development is consistent with the
Thornton City Code criteria as follows: a. The proposed project is consistent with the current zoning on the property. The property is zoned Business Park (BP) and the proposed private recreation center is allowed by right in the BP zone. Topgolf requires all patrons to purchase a membership before utilizing the facility. b. Adequate facilities and services exist or are planned by the project to serve the development at the time of construction. c. Compatibility with the surrounding area is demonstrated by proposed improvements, including screening and buffering that will be provided to minimize impacts to adjacent uses. d. The proposed plan is consistent with the Comprehensive Plan and the North Washington Subarea Plan. The Comprehensive Plan Future Land Use Map designation for the property is Gateway/Mixed Use and this designation allows upscale, destination-oriented signature development including commercial recreation and outdoor entertainment/outdoor sport uses. The Comprehensive Plan s applicable strategies and policies are as follows: 5.5.4 Ensure that all residential neighborhoods are adequately served by quality community and neighborhood scale commercial centers at appropriate locations. 6.2.1 Promote the development and maintenance of healthy, viable commercial centers. 3. The Rolling Hills Thorncreek Commons Topgolf CSP is hereby approved subject to the following conditions: a. During subsequent reviews associated with actual development of the site identified in the CSP, including Subdivision Plat and Development Permit, the Development Director may allow for minor adjustments in the final site plan, subdivision plat, and final landscape plan and associated final engineering documents. Any changes to the development would be due to actual site conditions, unforeseen technical issues involving infrastructure on the site and changes to the building products previously identified or described on the CSP graphic and approved by the City Council. b. Approval of the CSP does not waive any additional requirements of the development as established with the Subdivision Plat and Developer s Agreement associated with the Property. 2
4. All land use approvals and building permits for the Property described herein shall be subject to requirements including, but not limited to, the payment of impact fees and development charges, concurrency management requirements, design standards, moratoriums, and other land use and development requirements in effect at the time that such proposed development applies for a building permit. 5. All subsequent development approvals shall be in accordance with this CSP. 6. The conditions set forth in this resolution shall run with the land and be binding upon the Owner and its successors and assigns. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Thornton, Colorado, on, 2016. CITY OF THORNTON, COLORADO ATTEST: Heidi K. Williams, Mayor Nancy A. Vincent, City Clerk 3
EXHIBIT A Lot 6 and Tract D of the Rolling Hills Subdivision Amended, Amendment No. 2.