SUBJECT:
Title
PUBLIC HEARING: An Ordinance of the Town Council of the Town of Erie Zoning the Real Property Known as 111th and Arapahoe
Body
DEPARTMENT: Planning and Development Department
Department
PRESENTER(S): Chris LaRue, Principal Planner
First Name, Last Name, Title
TIME ESTIMATE: 2 hours
only required for non-consent items
POLICY ISSUES:
The Town Council is the approval body for Initial Zonings. As such the Council must confirm the zoning complies with all criteria and is in the best interest of the Town.
STAFF RECOMMENDATION:
Recommendation
Adopt the ordinance for the Initial Zoning.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
Town Council Update
On March 26, 2024 the Town Council previously heard and approved the following related requests:
1. A Resolution of the Town Council of the Town of Erie Making Certain Findings of Fact Regarding the Proposed Annexation to the Town of the Real Property Known as 111th and Arapahoe,
2. An Ordinance of the Town Council of the Town of Erie Annexing to the Town the Real Property Known as 111th and Arapahoe,
3. A Resolution of the Town Council of the Town of Erie Approving the Annexation Agreement and Pre-Development Agreement for the Real Property Known as 111th and Arapahoe, and
A fourth related request was continued until May 28, 2024:
4. An Ordinance of the Town Council of the Town of Erie Zoning the Real Property Known as 111th and Arapahoe.
2nd Town Council Update
Town Council scheduled a Public Hearing on May 28, 2024 to consider the Ordinance of the Town Council of the Town of Erie Zoning the Real Property Known as 111th and Arapahoe. That Public Hearing was continued at the request of the applicant until June 11, 2024.
3rd Town Council Update
On June 11, 2024, the Town Council held a Public Hearing to consider the Ordinance of the Town Council of the Town of Erie Zoning the Real Property Known as 111th and Arapahoe. The Council heard presentations from Town staff and the applicant, listened to and considered testimony from over 80 speakers and reviewed written comments from dozens of others. Because of the late hour, Council continued the Public Hearing a second time until June 18, 2024, but only for Council deliberations and to make a decision on the matter.
Summary & Background
The subject property is comprised of three parcels and a total of 19.33 acres located at the southwest corner of 111th Street and Arapahoe Road. The site is located outside of the Town’s current Comprehensive Plan Planning Area and as a result does not have a designated future land use. Over the past several years, development interest in the site included exploration of both townhomes and multifamily residential. This increased interest coincides with recent development of the Nine Mile site at the southeast corner of Hwy 287 and Arapahoe Road.
Development around the Hwy 287 and Arapahoe Road intersection reflects its advantageous regional location, high traffic volumes, diversity of key amenities and shopping, and existing and future transit access. Both the Town of Erie and the City of Lafayette committed through the “Comprehensive Development Plan/Dispute Resolution” Intergovernmental Agreement (IGA) to support regional retail and transit-oriented development around the Arapahoe/287 intersection. The IGA noted that coordinated development has numerous benefits, including more effectively planning the area to optimize success of retail sites and foster higher functioning transit-oriented development and effectively achieving the highest and best development potential for the area.
In Erie, the Nine Mile development complements the Safeway-anchored commercial site just to the north with approximately 300,000 square feet of new retail. Nine Mile is anchored by Lowe’s Home Improvement and King Soopers and includes a range of additional retail, food and beverage, and service uses. Directly east of the Nine Mile development is the 287-unit Savanna Nine Mile multifamily development with buildings that range between two and four stories. Across Hwy 287, the City of Lafayette is planning a mixed-use, walkable, transit-oriented development, and approved the Silo neighborhood development.
The subject property is consequently located near a key destination in Erie with access to both shopping amenities and transit. Development of the site would provide a significant opportunity for residents to live within walking distance of amenities and transit. Additionally, the applicant has committed to designate 12% of units built on the site for households with incomes at or below 80% of the Area Median Income. To support the Town’s goals of both affordability and the Town’s vision for the Nine Mile area, the site is proposed to be zoned HR, or High Density, with an allowed range of 10 to 25 dwelling units to the acre.
Public input received and integrated into the development of the Savanna Nine Mile development just to the west of the property reflected surrounding neighborhoods’ sensitivity to height, traffic, and drainage impacts. At this initial zoning stage in the land use review process, the Council would not normally consider specific details concerning traffic, development scale, utilities, drainage and other public infrastructure details. Those details are provided by applicants as part of a site plan or Planned Development application and reviewed by staff to ensure the specific proposed development complies with all Town requirements. However, reflecting residents’ concerns expressed during neighborhood and Council meetings on this zoning application, Town staff prepared a memo that provides additional information regarding drainage issues in the area. That memo is included in the attachments to this agenda item.
At the March 26, 2024, meeting Town Council approved the Annexation, Annexation Agreement and Pre-Development Agreement for the property. Public comment at the meeting expressed concerns about traffic, drainage, and utility capacities. As a result, the Town Council continued the Initial Zoning to their May 28, 2024 meeting.
The applicant held five neighborhood meetings to discuss their proposed development with residents. Reflecting comments from residents during those meetings, the applicant now proposes to integrate specific design and infrastructure improvements into the project. If Council approves the zoning, these elements will be reflected in a future amendment to the Pre-Development Agreement and include:
1. Unit Cap. The Development shall be restricted to a maximum of three hundred thirty-six (336) residential units, which would equate to eighteen (18) dwelling units per acre.
2. Height Restriction. Any buildings constructed adjacent to the 111th Street and Arapahoe Road rights-of-way shall be limited to two (2) stories in height.
3. On-Site Detention. The on-site stormwater detention facilities for the Development shall be designed to provide excess volume beyond the minimum required to accommodate flows from the Development.
4. Off-Site Drainage Improvements. The Developer will cooperate with the Town’s plans for off-site regional drainage improvements as may serve or otherwise benefit the Development or surrounding properties.
Initially the applicant intended to add the Pre-Development Agreement Amendment to this initial zoning application. However, Town staff and the applicant could not agree on final details reflecting the 4 issues above in time to meet the deadline for this meeting. If Council approves the zoning, staff will finalize the proposed amendment and bring it to Council for consideration at a later date.
At the request of the applicant, the Town Council again continued the Initial Zoning to their June 11, 2024 meeting.
BOARD PRIORITY(S) ADDRESSED:
ü Prosperous Economy
ü Effective Governance
ü Fiscally Responsible
ATTACHMENT(S):
1. Staff Report
2. Staff Presentation
3. PW Director Memo re Drainage
4. Applicant Presentation
5. Ordinance No. 005-2024 (Zoning)
6. Initial Zoning Map
7. Applicant Information
8. Neighborhood Meeting Summaries
9. Neighborhood Concerns and Responses (from Applicant)
10. Public Comments
11. DRT & Referral Comments
12. Memo from Applicant’s Legal Counsel
13. Notifications
14. 2019 Comprehensive Development Plan/Dispute Resolution IGA