TOWN COUNCIL STAFF REPORT PO Box 4100 Frisco, Colorado 80443 TO: FROM RE: MAYOR AND TOWN

COUNCIL JOCELYN MILLS, COMMUNITY DEVELOPMENT DIRECTOR PLANNING FILE NO: 49-11-AP: AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A REQUEST FOR AN AMENDMENT TO AN APPROVED DEVELOPMENT APPLICATION AND PRELIMINARY PLAT TO RECONFIGURE AN ALLEYWAY AND LOTS 1-7, BLOCK 7, ON THE EASTERN PORTION OF THE PEAK ONE NEIGHBORHOOD. JUNE 14, 2011

DATE:

Summary Statement: The applicant is requesting Town Council overturn a Planning Commission decision to approve an amendment to an approved development application and preliminary plat to reconfigure an alleyway and Lots 1-7, Block 7 of the Peak One Neighborhood.
Project Description: This is a proposal to reconfigure an alleyway and reconfigure Lots

1-7, Block 7 of the Peak One Neighborhood. The approved development plan for this area of the Peak One Neighborhood consisted of six lots with seven residential units (one lot was a duplex lot), and had a portion of East Meridian Alley oriented north-south to access all six of the lots. (Refer to Exhibit 1 for the site layout, on page 2 of this report.) The proposed revised development plan reconfigures these six lots into seven lots and maintains the density at seven units. The proposal also eliminates the northsouth portion of East Meridian Alley, and in its place creates a new east-west oriented alley (Recen Alley) further south along Meridian Loop. This new alley configuration accesses five lots; with the other two lots being accessed via the existing East Meridian Alley. (Refer to Exhibit 2 for the proposed site layout, on page 3 of this report.) Total square footage of structures on the six lots in the approved development plan was 17,492 square feet. The proposed development plan contains a total square footage of structures on the seven lots of 17,743 square feet. This equates to an increase of 251 square feet or an increase of 1.4% in floor area between the approved development plan and the proposed revised development plan. Appeal Request: The appeal application and associated letter (see attachments at the end of this report) received from the Mountain Side Combined Board of Directors, Mountain Side Condominium Association and Mountain Side Homeowners Association,

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states concerns with the proposed development plans alley and home alignments, a detention pond, neighborhood buffer, and walking trails. It appears to staff that there is confusion on behalf of Mountain Side Combined Board of Directors, regarding the approved development plan and the proposed development plan for the Peak One Neighborhood. The appeal letter states that four duplexes and two walking trails were part of the original alignment, and a Ten Mile Partners sketch is referenced. The referenced sketch was a part of Ten Mile Partners response to the Towns Request for Proposals, when the Town was advertising for a partner to develop the neighborhood. The formal sketch plan submitted by Ten Mile Partners, once the Town had selected them as the firm to develop the neighborhood, showed 9 units in the eastern portion of the Peak One Neighborhood. Based on public input during the formal sketch plan discussion with the Planning Commission, as well as to address drainage concerns, this area was reconfigured and the approved development plan contained 7 units on 6 lots (reference Exhibit 1, on page 2 of this report.) The proposed revised development plan contains 7 units on 7 lots; there is no change in density in the proposed revised development plan. The setback from the property line to the south-eastern most unit of the Peak One Neighborhood in both the original approved development plan and the proposed revised development plan is 10 feet. The approved development plan angled the unit from this setback northwest, whereas, the proposed development plan has that unit more perpendicular to the property line adjacent to Mountain Side Condos. The height of that unit (25 feet) as well as future unit type (Frisco model) has not changed from the approved development plan. The Frisco model has the lowest height profile of all of the unit types constructed to date or planned for the next phase. The detention pond located along the eastern portion of the Peak One Neighborhood was part of the original approved development plan; this area is not proposed to change in the proposed revised development plan. Water drains through this detention pond toward Belford Street. The proposed development plan eliminates the north-south portion of East Meridian Alley, and proposes a new alley in its place, Recen Alley, which is oriented east-west off of Meridian Loop. Five units/lots will use this alleyway for access. It is estimated that the finished grade for Recen Alley is more than 5 feet below the finished grade of the first floor of the closest Mountain Side condominium buildings. The trail connection between Mountain Side Condos and the Peak One Neighborhood, north of the wetland area, was part of the original approved development plan; no proposed trails have been changed or eliminated with the proposed revised development plan. The original approved development plan is for the entire neighborhood. If there had not been a proposed change to the layout of this portion of the neighborhood, the project would not have to come before the Planning Commission for further approvals.

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Phasing is not a requirement of the Towns approval but rather the phasing was presented by the development team to facilitate an organized approach for construction of the neighborhood in sub-areas, versus constructing homes on opposite ends of the neighborhood at the same time. Phase One began construction last year and is almost completed. Due to the current economic climate, the smaller units are in higher demand. The smaller units are located along Meridian Loop versus along the continuation of Belford Street (the largest units in the neighborhood will be located along the northern side of Belford Street), therefore, phase two was revised to continue along Meridian Loop. The proposed amendment to the approved development plan is to address a Lake Dillon Fire Department alleyway length concern, which was an item to be addressed as a condition of approval of the original development application. In the Mountain Side appeal letter, it states that the project is being fast-tracked. The project is not being fast-tracked but is following standard Town development procedure for proposing to amend an approved development application/plan (it requires a hearing before the Frisco Planning Commission for review). The Towns legal noticing requirements include property owners within 300 feet to be sent notification of an development application hearing before the Planning Commission. This notification is sent in the form of a postcard mailed to property owners.
Background: A development application and preliminary plat for the entirety of the

Peak One neighborhood was submitted on February 8, 2010. On April 1, 2010, the Frisco Planning Commission on a vote of 5 to 1 approved the Peak One Neighborhood development application and preliminary plat (approved development plan). Once complete, the neighborhood will consist of 70 residential units. Each residential unit will be on its own individual lot. There will be two public parks: Mt Royal Park and Meridian Park. Trail access will be maintained to the National Forest at the southern edge of the property and to the Summit County Recpath, a trail connection to the neighboring Mountainside Condominiums is provided as well as a trail connection through the property from Third Avenue. Construction commenced on the first phase of the Peak One development in the spring of 2010. The first phase consisted of a mixture of 12 single family and duplex residences. A final plat for this section of the neighborhood was approved on August 26, 2010. In the originally approved development plan, the site layout of the development included East Meridian alleyway, which was longer than allowed under the fire code. As part of the original approval of the development application, one condition of approval was that prior to construction this alleyway needed to be approved by the Lake Dillon Fire Department. Earlier this year, meetings were held with Lake Dillon Fire, Town planning staff, and Ten Mile Partners to address the issue of fire access and safety. As a result of those meetings, Ten Mile Partners has proposed to amend its approved development plan to reorient the alley to accommodate fire safety.

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With the alleyway reorientation, Lots 1-7, Block 7 also were redrawn. A duplex lot was removed and two single family home lots replace the duplex. Three single family home lots will be located north of the proposed alley and four single family home lots will be south of the alleyway. The density stayed the same at 7 units. This re-design of the site and lots is what was presented to Planning Commission as a proposed amendment.
On May 5, 2011, the Frisco Planning Commission considered an amendment to the

approved development application and preliminary plat proposal to reconfigure an alleyway and Lots 1 7, Block 7 on the eastern portion of the Peak One Neighborhood. On a vote of 6 to 0, the Planning Commission voted to approve the request. Project Review: Section 180-46.C. Appeals: Appeals from decisions of the Planning Commission are made to Town Council and are considered de novo, or new, public hearings. A de novo hearing means a new hearing in which the applicant is not limited to the evidence given in support of his application that was presented to Planning Commission. In other words, the evidence to be considered by Council in support of the appeal application is not limited to the record of evidence that was presented to Planning Commission. The following is the staff analysis presented to Planning Commission on May 5, 2011. Analysis - Frisco Master Plan: The following principles and policies from the Frisco Master Plan appear to be applicable to this amendment application: Community Character (CC) Chapter CC -1. The Town should work with the community to maintain a healthy and safe mountain town community that ensures opportunities for a diversity of people to live, work, play, and raise a family.

Environmental Sustainability (ENV) Chapter ENV -1. Preserve Friscos natural resources and environmental quality through promotion of sustainable development practices and compliance with environmental laws. ENV-1.4. Ensure the preservation of, and where appropriate, enhancement of wetlands and riparian areas, as well as the provision of a suitable buffer around these features. ENV-1.5. Continue to protect and enhance ground water and surface water quality.

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ENV-1.10. Reduce the impacts of light pollution throughout town and to protect the night sky. ENV-2. Protect and preserve surrounding natural areas that contribute to and enhance the towns quality of life.

Growth Management (GM) Chapter GM-1. Manage resources, services and infrastructure to ensure Friscos longterm sustainability. GM-1.5. Protect scenic views of Friscos mountain and lake features.

Housing (HS) Chapter HS-1. Create a vibrant, diverse community by ensuring a variety of housing opportunities. HS-1.1. Ensure new housing is compatible with adjacent properties and compliments the existing neighborhood. HS-1.2. Encourage a mixture of housing unit types, prices, and accessibility within each development. HS-2. Provide for a variety of attainable housing types that meet the economic needs of Friscos residents. HS-2.4. Promote and encourage public/private partnerships for the development and management of attainable housing to achieve the highest quality housing possible. HS-2.5. Ensure that the towns attainable housing stock targets a variety of income levels at or below 120% of average median income.

Land Use (LS) Chapter LU-1. Promote land uses that meet the needs of the community and enhance community character. LU-2. Continue to encourage quality design for public and private new development and redevelopment to enhance Friscos mountain town character.

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Recreation (RE) Chapter RE-1. Maintain a diverse inventory of parks, trails and leisure facilities in Frisco, and adjacent to town boundaries, to meet the needs of residents and visitors. RE-2.4. Further expand the towns pathway system and coordinate new park construction with the Paved Pathways Plan so that pedestrians, bicycles, and other non-motorized users can easily reach the towns park facilities. RE-2.5. Ensure adequate trail connections to public recreational lands outside of town boundaries.

Transportation (TS) Chapter TS-1. Support the development and maintenance of a comprehensive, safe and efficient multi-modal transportation system emphasizing alternatives to automobile use. TS-1.1. Promote a transportation system that is compatible with existing and future land use patterns to effectively shape urban growth.

The proposed amendment meets the above principles and policies listed in the Town of Frisco Master Plan, with the layout of the neighborhood, trail connections and corridors, and maintaining housing diversity. Analysis - Peak One Parcel Master Plan: The purpose of the Peak One Parcel Master Plan is to guide the development of the parcel into a residential neighborhood. The original Peak One Neighborhood Development Application and Subdivision was in compliance with the provisions and requirements of the Peak One Neighborhood master plan. The following review focuses on the proposed amendment and how that addresses the Peak One Master Plan. Peak One Sub Areas: The Peak One Master Plan identifies sub-areas of the parcel, based on the natural topography of the site. In the plan, it identifies the sub-areas and outlines characteristics for development. Sub Area Two: Hill - This sub-area of the site has moderately steep slopes on the northern boundary of the site. It is required that pedestrian/non-motorized access to and from the site through this corridor be maintained. A trail connection from 3rd Avenue traverses down the hill into the neighborhood, connecting pedestrians from the Hilltop Park to Meridian Park, in the middle of the parcel. The proposal maintains this Third Avenue trail connection and meets the intent of Sub Area Two.

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Sub Area Three: Neighborhood edge This sub area completes the northern and eastern boundaries of the site and is adjacent to existing neighborhoods. The role of this zone will be to provide a transition zone that creates an edge condition similar to the adjacent residential structures. Likewise, sensitivity to the existing pedestrian trails through this zone will enhance connectivity and permeability into and from the surrounding neighborhoods. This proposal maintains the public pedestrian pathway on the south portion of the neighborhood (north of the wetlands). The proposal meets the intent of Sub Area Three. Sub Area Four: Neighborhood Center The purpose of this zone is to balance the desires for a contiguous network of open space as well as focused housing development to help meet the affordable housing needs identified in Frisco. Also of importance is the role this zone plays in connecting WRNF and any internal open space back to the community within Frisco; sensitivity to the existing pedestrian trails through this zone will enhance connectivity into and from the surrounding neighborhood. The proposal maintains this area be developed into predominately single-family home lots with detached garages, with some duplex lots. The Meridian Park is located in the center of the site with homes around it. The Third Avenue pedestrian trail connects this area to the Mt. Royal Park at the north of the parcel. The proposal meets the intent of Sub Area Four. Sub Area Five: Wetlands - This sub-area is comprised of the southeastern corner of the site and delineates the boundary of a wetland. This area is not suited for development and intense active recreation but may be utilized for passive recreation, open space, water quality mitigation, retention/detention, habitat, etc. No development is to occur within 25 feet of these wetlands. A portion of the snow storage easement for the Tract-T Private Parking Access easement will need to be redesigned. The proposal meets the intent of Sub Area Five. Guiding Principles and Polices. The following principles and policies of the Peak One Master Plan provide guidance for the development of the parcel into a residential neighborhood. Sustainability Principle - Ensure environmental sustainability and natural features are incorporated into the layout and design of the parcel. o Incorporate natural terrain into the design. o Design the layout and circulation network in the context of the natural features, edge conditions, and desired open space network. o Orient streets and buildings for passive solar. o Use thermal efficient technologies (insulation, passive/active solar, thermal mass, etc.) and renewable energy sources to lower energy consumption on the site.

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o Use landscaping that is native and conserves water. o Use sustainable building materials, where and when appropriate. It appears that the amended proposal meets the sustainability principle for its neighborhood layout and design through the reconfigured alleyway, street layout, same (as original development plan) trail connections, and incorporation of natural features. Open Space/Recreation Principle Include continuous open space areas throughout the new neighborhood to be publicly accessible to all residents of Frisco. o Create a consolidated park concept for the parcel. o Protect the wetlands and leave undeveloped. o Provide small park areas for gatherings. o Provide a buffer between the residential units and the county Recpath. o Provide open space connection and pedestrian pathway from Third Avenue into open space on the site. o Maintain walking paths between Mountainside buildings into open space on the parcel. It appears that the amended proposal maintains the open space/recreation principle with its Third Avenue trail connection, landscaping buffers, protection of wetlands, and provides the same (as original development plan) walking path between Mountain Side condos. Street Design/Access Principle Utilize the existing network of trails and paths to guide the location and design of streets and pedestrian walkways. o Design the site with efficient streets. o Utilize alleys and shared driveways to reduce auto access from the front of lots. o Create a functional and interconnected circulation network. o Provide primary access from both Belford Street and Second Avenue. o Provide access along Second Avenue to the trailhead parking on the White River National Forest. o Design streets to have narrow profiles to provide a safe environment for pedestrians. o Design entryway features along Second Avenue and Belford Street that incorporate traffic calming strategies. It appears that the amended proposal meets the street design/access principle for its street layout, alleyway design, and maintenance of pedestrian trail connections. Density/Unit Balance Principle Create a density gradient that respects edge conditions adjacent to existing neighborhoods with lower densities adjacent to the existing neighborhoods and higher densities located towards the center of the parcel. o Use a variety of design. o Use a mix of different building types and materials. o Design units as one, two and three stories in height.

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o Design each unit to have adequate storage for the recreational mountain lifestyle. o Design the neighborhood to integrate into the existing neighborhoods. It appears that the amended proposal meets the density/unit balance principle with smaller scale single family residence style units/lots along the edge of the neighborhood and with the single family lots and duplex units/lots focused toward the center of the neighborhood. Human Scale Principle Ensure the parcel is developed into a neighborhood that retains views corridors, and enhances the human to building, building to building, and building to street relationships. o Maintain vistas to Mount Royal. o Provide view corridors from Mountainside Condominiums, and the other adjacent properties. o Design buildings to front streets and have porches. o Design with human scale relative to buildings and streets. It appears that the amended proposal meets the human scale principle with its layout for the lots, and single family and duplex size lots. Aesthetics Principle Create an overall design to promote a cohesive, sustainable and enjoyable neighborhood while respecting the natural character of the parcel. o Create a setting for family living in a mountain context. o Create the overall design to promote a cohesive neighborhood while respecting the character and setting that preceded it. o Create a sense of place and identity for the Peak One parcel that is uniquely its own. It appears that the amended proposal meets the aesthetics principle for its neighborhood layout and design: narrow streets, cohesive layout of the single family and duplex lots, and layout of the lots respects the natural topography of the parcel. Trail Connections Principle Use the existing trail network and provide usable, central, continuous trail corridors to access through the site to adjacent public recreational areas. o Maintain Third Avenue as a recreation access corridor through the site to the recreational pathway and trails to the south. o Maintain access to the Second Avenue USFS trailhead and countywide Recpath. o Improve and enhance the Second Avenue USFS trailhead access. o Maintain the Peak One parcel as a gateway to the White River National Forest. It appears that the amended proposal maintains the trail connections principle for its portals and connections to the Recpath and the USFS trailhead parking area. The

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development will maintain the Third Avenue trail as well as a trail connection to Mountain Side Condominiums. Architectural Character Principle The design of the residential neighborhood needs to reflect Friscos mountain character and be compatible with adjacent neighborhoods. o Contemporary mountain and cabin styles of architecture are appropriate. o Cluster housing units where possible and use the principle of new urbanism design. It appears that the amended proposal meets the architectural character principle for its design of the lots, with its creation of single family, and duplex lots, and placement of lots appear to be compatible with the adjacent neighborhoods. Peak One Parcel Master Plan Note: Upon approval of this amended development application and preliminary plat, each housing structure will be required to be processed individually as a single family project. Development applications for the construction of homes on individual lots (single family and duplex units) will be staff reviewed, and require approval from the Towns Planning and Building Divisions. These single family and duplex development applications will be reviewed against the Peak One Master Plan to ensure each project meets the above principles and policy statements. Additionally, the proposed building materials, construction methodologies, and other items anticipated for the construction of the homes, which meet the sustainability principle of the Peak One Master Plan, will need to be submitted at time of development application review for the homes. The proposed sustainability items also will be reviewed against the Towns environmental sustainability policies. Analysis Code Section 157-11, Subdivision: Preliminary Plat: If the project includes subdivision, an application and all required materials must be submitted at the same time as the development application. The applicant has submitted a preliminary plat for review. All of the preliminary plat submittal requirements appear to be met. The land use information chart on the preliminary plat provides a summary of the project. Phasing Plan: It is anticipated that the overall project to create the Peak One Neighborhood will take several years. Sheet L-20 is an amended phasing plan showing a change in phasing from the originally submitted phasing plan. Note: When the Final Plat is submitted for each phase, it shall meet the requirements described in Section 157-12 of the Town of Frisco Town Code. Prior to approval of the final plat for each phase, the infrastructure associated with each phase must be completed, or an improvements agreement with financial guarantee be executed. Additionally, any variance request of the Towns Street Design Criteria must be formally submitted and approved by the Public Works Director.

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Analysis Code Section 157-16 thru 157-22, Subdivision: Parcel Section 157-16: Planning Considerations: In designing and planning subdivisions, consideration shall be given to the Frisco Master Plan, the Frisco Town Code, and any other relevant regulations. The Planning Commission shall study and review all subdivisions in relation to the general character of the area, the general requirements of the community and the particular requirements of the neighborhood. Particular consideration will be given to geologic hazards and topography in relation to the suitability of the land for development, flooding, storm drainage and preservation of natural areas for open space. The proposed amendment to the development plan (also referenced as Phase Two in the remainder of this staff report as well as on the associated plan set) has taken these planning considerations into account. Section 157-17: Site Construction: The design and development of subdivisions shall preserve, insofar as it is possible, the natural terrain, natural drainage, existing topsoil and trees. The layout of the neighborhood respects the natural topography of the site with its preservation of aspen trees near the access area to the National Forest, the preservation of the wetland area and the hillside. The development shall conform to the requirements of 180-20 Development Standards including, but not limited to erosion and sediment control, water quality protection, development on steep slopes, and Limitations on Site Disturbance. Mass grading of a property which removes or disturbs existing vegetation and leaves large areas of soil exposed for periods in excess of 6 months shall not be permitted. Site disturbance must be kept to a minimum and must comply with the following limitations: i. Cuts, fills, grading, excavation, vegetation disturbance, utility installation and building construction shall be substantially confined to the designated building envelope, utility easements and road and driveway footprint. ii. Disturbed areas shall be restored as undulating, natural appearing landforms, with curves that blend in with the adjacent undisturbed slopes. Abrupt, angular transitions and linear slopes shall be avoided. As necessary, cuts and fills shall be supported by retaining walls, made of stone, wood, or other materials that blend with the natural landscape. All retaining walls over four (4) feet in height must be certified by an engineer licensed in the State of Colorado.

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iii. Disturbed areas shall be contoured so that they can be re-vegetated using native species. No exposed area shall be left open or un-stabilized. iv. Development shall preserve existing vegetation that aids the screening of the development, softens its appearance or reduces the potential for erosion and sedimentation from the development. A proposed subdivision shall be designed in such a manner as to be coordinated with adjoining subdivisions with respect to the alignment of street rights-of-way and utility and drainage easements and open space. The layout of the streets coordinate with the Towns existing street grid and connect to the existing streets of Second Avenue, the connection to the National Forest and Belford Street. Belford Street will extend west through the site and connect to Second Avenue. Drainage and utility easements are connecting to existing infrastructure. This requirement is met. Section 157-18: Lots: Lot size, width, depth, shape, orientation and minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated and shall facilitate the placement of buildings with sufficient access, outdoor space, privacy and view consistent with the development standards as set forth in the Frisco Town Code. The design and layout of the phase two lots meet the intent of the Peak One Parcel Master Plan and the Residential Neighborhood district. The neighborhood will have small lots, smaller homes, low building heights, private yard space within each lot, direct access to the surrounding natural areas, and preservation of views for the neighborhood and adjacent neighborhoods. This requirement is met. Section 157-19: Blocks: The lengths, widths and shapes of blocks shall be determined with due regard to the following: provisions of adequate building sites suitable to the special needs of the type of use contemplated; requirements of the Zoning Code as to lot sizes and dimensions; needs for convenient access control, safety of vehicular and pedestrian traffic circulation and emergency vehicles; and, limitations and opportunities of topography. The neighborhood is designed using the principles of a traditional neighborhood development including reduced street widths, lots with buildings facing the street front, connections to natural areas, and location and ease of access to natural areas as well as to Main Street. Through the street, lots and block designs, the site provides a safe environment for vehicles and pedestrians as well as provides adequate access for emergency vehicles. This requirement is met.

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Section 157-22: Easements: All subdivision plans shall provide dedication of easements sufficient, as determined by the applicable service provider(s) to allow the efficient installation and placement of all utilities as needed by the development now and in the foreseeable future. Easements for utilities and access are indicated on the preliminary plat and have been given to Excel Energy, Frisco Sanitation, Frisco Public Works, and Frisco Water for review. All comments are incorporated into this staff report.

Analysis Code Section 180-9.1, Residential Neighborhood (RN) Zone District RN Zoning Designation: The purpose of the RN Zone District is to promote community residential development that provides a cohesive and eclectic identity, is sustainable and livable, respects existing residential neighborhoods and promotes the natural environment. All developments should be linked with contiguous common areas and pedestrian oriented connections to existing recreational trail networks. Site layout note: In the initial development application submittal for the neighborhood, 72 lots/homes were proposed. This included two lots along the eastern boundary with Mountain Side Condominiums adjacent to the East Meridian Alley. Taking formal sketch plan comments from some Mountain Side Condominiums owners regarding the neighborhood layout, as well as from Public Works regarding drainage, these two lots were eliminated. The proposed site layout now provides this area without any structures and with landscaping, which will serve as a drainage area for the neighborhood. The amended proposed layout does not change or alter this. Uses: Permitted uses include single family detached dwellings, duplexes and cabin housing. Phase Two will consist of single family and duplex residences. The proposed project is to create a residential neighborhood with individual lots. Once constructed, these lots will consist of single family detached dwellings and duplexes, and associated accessory buildings such as detached garages. Minimum and Maximum Lot Areas: This district permits lot areas of between 3,000 sf and 7,000 sf for single family dwelling units, and lot areas of between 4,000 sf and 6,000 sf per duplex structure (or between 2,000 sf and 3,000 sf for each individual duplex unit lot). The proposed single family and duplex lots for Phase Two of the development meet the required minimum and maximum required lot areas for the overall development. This standard is met. Minimum Lot Frontage: The required lot frontage is 40 feet, with the exception that lots with frontage on a street or park or open space area and that have alley/driveway vehicular access may have a minimum lot frontage of 30 feet for a single family dwelling unit, and a minimum lot frontage of 20 feet for individual duplex units.

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The proposed Phase Two lots meet these frontage requirements for the overall development. Height: The required building height maximums will be reviewed at the time of development application submittal for each structure. Setbacks: The required setbacks will be reviewed at time of development application submittal for each individual lot. The setbacks are as follows: Front Yard 10 feet for primary structure and 6 feet for covered porch Side Yard minimum of 5 feet Rear Yard 10 feet for primary structures and 5 feet for detached garages and other accessory buildings

Typical layouts for buildings, garages, parking areas and driveways are indicated on the site plan. Setbacks will be addressed during the review and approval process for construction of the individual structures. Floor Area Ratio: The floor area ratio for each individual parcel will be evaluated with each single family home or duplex application. Open Space: The RN zone requires that all development provide a minimum of thirty percent (30%) of the total area be open space. A note on the original landscape plan indicates that 176,272 sf or 32% of the project area (not including roadways) will be open space. This standard is met. RN Zone Note: Applicable zoning requirements for each residential unit will be reviewed at the time of development application submittal for each individual lot. The review also will include the application of the Residential Overlay architectural criteria. Analysis Code Section 180-20, Development Standards: Drainage Plan: In the original development application and preliminary plat submittal, a drainage plan for the site designed by Tetra Tech, a registered professional engineer, was provided and reviewed by the Town Engineer. The overall concept for grading, utility and drainage met the Town Code and standards. Construction documents for each phase will need to be submitted for review and approval prior to final plat and/or any building permits issued for each phase. Public Works will monitor drainage as Phase Two is developed based on this submittal. Water Quality Protection: The objective of this code section is to protect water quality by maintaining a natural buffer through which pollutants pass and to protect the riparian habitat and the visual appearance of the Towns waterways, lakeshores, and wetlands by prohibiting soil disturbance within 25 feet of a body of water or wetland.

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The following criteria must be met by all development. Soil disturbance is prohibited within twenty-five (25) feet of all lakes, perennial streams, intermittent streams, wetlands, and from all swales draining twenty (20) acres or more measured horizontally from the high water line as determined by Community Development Department staff. Soil disturbance includes, but is not limited to, building construction, and the construction of decks, hot tubs, paving, pathways, landscaping and fences. No snow storage is permitted within 25 feet of a water quality setback. The line reflecting the 25 foot setback from the wetland area has been redrawn and a portion of the proposed snow storage for the Tract S private parking access easement is within this setback. This must be corrected by reconfiguring the snow storage. Road construction and maintenance standards: Any private or public road design, construction or maintenance (other than routine maintenance) must meet Town standards. The proposed neighborhoods roadways have been reviewed by the Public Works Department and their comments are noted in the agency reviews section of this staff report. Access: All vehicular access must comply with the standards set forth in Chapter 155, Street Design Criteria. The proposed neighborhoods roadways have been reviewed by the Public Works Department and their comments are noted in the agency reviews section of this staff report. Non-vehicular Access: The purpose of this section is to promote the use of nonvehicular modes of transportation through a town-wide network of connecting nonvehicular pathways and provide safe access year-round. In addition, all non-vehicular access shall meet the following standards: (a) Every principal structure shall have safe and convenient non-vehicular access to a public street year-round. (b) Every principal structure shall be provided with access to adjacent trail systems. (c) New development shall integrate pedestrian ways, trails and/or bicycle paths. It appears that Phase Two meets the above criteria. Each lot of phase two has a paved non-vehicular access to a pedestrian pathway and public street. Access to/from Mountain Side Condominiums is maintained via a paved concrete trail just north of the wetland area.

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Steep Slopes: Individual lots located on the hillside will be evaluated independently against the requirements as they are submitted for approval (i.e. lowering grade by no more than 10 feet, hill to remain behind the house, use of vegetation and landscaping, etc.). Analysis Code Section 180-20.1, Landscaping Requirements: Lot Landscaping: Landscaping for each residential lot will be reviewed at the time of development application submittal for each lot. In general, the following provides an example of what will be required for a lot of 3,000 square feet in size. A lot of 3,000 square feet would require 3 trees and 2 shrubs be planted as part of its residential unit development approval process. o 1 tree must be deciduous and be 3 caliper in size. o 2 trees must be coniferous: 1 = 10 in height, and 1 = 6 in height. o 2 shrubs must be five gallon containers in size. A Landscape plan will be submitted with each individual development application and will be reviewed at that time to the standards of the landscape code. A phase two landscape plan is part of this submittal which is consistent with the originally approved landscape plan. If no portion of Meridian Park is to be constructed during Phase Two, the park must be removed from the landscape plan. Landscaping along public rights of way for phase two must be agreed to by Public Works prior to installation. Analysis Code Section 180-20.2, Outdoor Lighting: Individual lighting requirements will be reviewed for each single family home or duplex development application submitted. All public street lights proposed for this project are required to be the Towns standard residential street lights. The final detail of the following street lights must be approved by staff prior to installation: the lights at the intersection of Second Avenue and Zacks Way, the lights along Zacks Way, the light at the intersection of Meridian Alley and Meridian Loop, the light at the intersection of Garden Alley and Meridian Loop, the light at the intersection of East Alley and Meridian Loop, and the light at the intersection of Meridian Loop and Belford Street. Analysis Code Section 180-23, Parking and Loading: The intent of these regulations is to require that parking and loading spaces be provided relative to the impacts created by proposed new developments.

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Parking spaces for each residential unit will be reviewed at the time of development application submittal for each individual lot. Five off-street parking space areas are provided along Meridian Loop with the addition of Phase Two. These parking spaces will be used for guest and visitor parking, and will be maintained by the Peak One Homeowner Association. Dimensions: Parking spaces are required to be a minimum of 9 feet by 18.5 feet. The off-street parking areas along Meridian Loop meet the dimensional requirements. This standard is met. Snow Storage: Snow storage areas for all uncovered parking areas and drives shall be provided. In the Phase Two proposal, snow storage requirements must be met for all of the private alleyways (Meridian Alley, East Meridian Alley, Recen Alley). The offstreet parking areas also must provide snow storage locations. Amount Required: Snow storage shall be provided on premise in the amount of one hundred (100) square feet for every three hundred and fifty (350) square feet of paved surface area. Below is staffs analysis of the privately owned paved areas and associated snow storage as identified on the snow storage analysis plan, sheet L-3 of the plan set. Staffs calculations are as show below and highlight the paved areas of Phase two. Snow storage requirements are met. (Please note, staff calculations of paved surface areas and associated snow storage amounts are different than what is shown on plan set sheet L-3.) East Meridian Alley -- 3,100 square feet (sf) of paved area requires 885 sq. ft. of snow storage. 1,265 sf is provided meeting this requirement. Recen Alley 2,940 sf of paved area requires 840 sq. ft. of snow storage. 1,127 sf is provided meeting this requirement. Meridian Alley Phase two section of Meridian Alley comprises of 5,600 sq. ft. of paved surface area requiring 1,600 square feet of snow storage. Snow storage areas 6-16 add up to 1,797 square feet of snow storage. This requirement is met Off Street parking areas C, D, and F meet the minimum snow storage requirements.

Note: Individual lot snow storage will be reviewed during development application submittal for each unit. Location: All snow storage areas shall be located lengthwise adjacent to the applicable paved area in order to facilitate snow storage removal. Required snow storage areas may not be placed on any public right-of-way or on adjacent private property. This standard is met.

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Minimum Width: The dimension of required snow storage areas must be adequate to serve the snow storage purpose and any snow storage area provided shall be a minimum of 8 feet in width. This standard is met. Snow Storage for Public Areas: For the common off-street parking area easements located on public property, snow storage meeting the Towns requirements has been met. Analysis - Review Agency Comments: The following comments are provided by review agencies. Public Works: The Frisco Public Works Department has the following requirements, input, comments and questions pertaining to the above referenced submittal: Sheet C-2: While the two utility easements shown for this phase are at minimum thirty (30) feet in width, the water mains shown do not meet Town standards. The regulations require that there be a minimum of fifteen (15) feet of easement as measured from the center line of the pipe. The specific section in the Town Code reads: The Town will require a thirty (30) foot easement, fifteen (15) feet on center, to have sufficient access to all distribution mains and shutoffs in case repair of such is needed. The water mains will need to be relocated in order to satisfy this regulation. Should the applicant be unable to relocate both the water main and/or sewer main, to maintain a ten (10) foot separation of these pipes, C-900 type sewer pipe will be required to be installed for the sewer main. The water service line material shall meet the Towns Water Construction Standards. Staff believes the water service lines will be inch in size, although not called out on the plans. If this is not the case, staff needs to be made aware in order to have enough of the correct material in stock. Mountain Specification fire hydrants are required, as the Town wont accept hydrant assemblies with multiple rod sections, as we have experienced operational issues in the past, with several 1 and 2 foot long extension rods. A 1 piece rod from the traffic flange to the top of hydrant must to be purchased for these installations. All water related installations shall meet the Towns Water Construction Standards. Sheet C-3: The erosion control plan appears to be satisfactory. Should the erosion control plan not function as proposed, the Town will require the applicant to modify the plan based on issues identified in the field after placement. Sheet L-3: The parking areas off of the rights-of-way are the owners responsibility that includes snow removal. While the snow storage shown meets the Towns requirements, they do seem to be lacking relative to a normal snow season. If there are any questions related to this review, please contact me.

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Note: Public Works has reviewed the resubmittal and the resubmittal has addressed the above concerns. Public Works will monitor drainage as the site is developed based on this submittal. Lake Dillon Fire Rescue: Thank you the opportunity to review and comment on the above project again. The fire department has the following comments and concerns regarding the proposed changes to the original site plan: 1. The International Fire Code, as amended and adopted by the Town of Frisco and Lake Dillon Fire Protection District gives guidance for addressing of buildings. The code states shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. 2. Addressing for Block 7, Lots 5, 6 and 7 will be a challenge for emergency services personnel. Viewing the addresses from Meridian Loop will be difficult at best. The addressing scheme suggested on the Phase 2 Addressing Plan sheet could delay police, fire and ambulance personnel locating those three buildings in an emergency. 3. Addressing for Block 5, Lots 3, 4 and 5a & 5b would pose the same problems as the lots mentioned above. This would also affect Lots 6 & 7 of the same Block 5 during Phase 4 construction. Note: This updated (addressing) proposal from the GIS Department looks good to the fire department. Please keep me informed on the name for the new street. Frisco Sanitation District: All collection system work will conform to the Frisco Sanitation District Design Standards and Specifications for Sewer Construction. Existing sewer main elevations must be field verified. Town Attorney: The Town Attorneys comments were incorporated into this report. Excel: Xcel Energy dba Public Service Company of Colorado has no objection to the proposed preliminary plat as presented. 1. 2. 3. All natural gas and electric facilities will be located within dedicated roadways and/or easements. All proposed roadways, driveways and easements would be dedicated for utility use and should be noted in the plat dedication. The covenants need to be reviewed to insure no restriction of meter locations is to be imposed by the H.O.A. that may conflict with DOT and/or NESC code requirements. Gas and electric facilities do exist adjacent to the proposed project. If additional capacity is required for facilities, the applicant will be responsible for those costs. A phasing plan is requested for construction time lines.

4.

5.

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6. 7.

To date the applicant has not requested a letter of intent to serve, but has requested an estimated cost to serve this development. The applicant has been informed that architectural drawings of several house models are still needed to determine meter locations, which will determine the locations of pocket easements for Public Service Co. facilities.

Summit County GIS (Addressing & Road names): Summit County GIS has addressed the units for Phase Two and named the new alleyway, Recen Alley. The fire department reviewed the addresses and stated that the addressing is adequate. Summit County Housing Authority: The Housing Authority has no comments to make to the Phase 2 amendment as long as adequate parking is maintained, the reconfiguration looks acceptable. Frisco Building Department: After completing the review of the proposed site plan the following items will need to be addressed prior to plan submittal to the Building Department for permit review and issuance: 1. Block 5 Lots 2A, 4 & 5A - These lots have less than 5 of fire separation distance from the structure to the property line. This requires that the wall construction be of 1 hour fire resistive construction from both sides of the wall. Any soffit or projections may also need to be rated based on the distance to the property line. Exterior openings are not allowed within 0-3 feet of the property line and only protected openings are allowed from 3-5 of the property line. Applicants response: The garage structure on lots 4 & 5A are adjacent to a 20 public trail right of way. There will always be more than 20 feet between structures. Therefore, we are hoping that fire resistive construction will not be necessary. The garage structures on lot 2A, block 5 will on the common property line of the duplex units. Therefore, fire resistive construction will be required and the building will not have an overhang at the property line. Analysis Public Comments: Three written comments were received regarding this application. All comments are attached at the end of this staff report. Staff Recommendation: Recommended Findings: 1. The Development Application and Preliminary Plat amendment to the approved development application and preliminary plat proposal to reconfigure an alleyway and lots on the eastern portion of the Peak One Neighborhood conforms to the Frisco Master Plan because the applicable principals and policies have been satisfied.

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2. The Development Application and Preliminary Plat to amend the approved development application and preliminary plat proposal to reconfigure an alleyway and lots on the eastern portion of the Peak One Neighborhood conforms to the Peak One Parcel Master Plan because its sub-areas, guiding principles and policies have been satisfied. 3. The proposal is in general conformance with Chapter 157, Subdivision of Land, Section 157-16, 157-17, 157-18, 157-19, 157-20, 157-21 and 157-22, Parcel Subdivision, because all of the applicable requirements therein have been met. 4. The proposal is in general conformance with the Town of Frisco Zoning Regulations, specifically Section 180-9.1, Residential Neighborhood District, since all applicable standards therein have been met. 5. The proposal is in general conformance with the Town of Frisco Zoning Regulations, specifically Section 180-20, Development Standards, since all applicable standards therein have been met or will be met with the listed special conditions. 6. The proposal is in general conformance with the Town of Frisco Zoning Regulations, specifically Section 180-20.1, Landscaping Requirements, since all applicable standards therein will be met with the listed special conditions. 7. The proposal is in general conformance with the Town of Frisco Zoning Regulations, specifically Section 180-20.2, Outdoor Lighting, since all applicable standards therein have been met. 8. The proposal is in general conformance with the Town of Frisco Zoning Regulations, specifically Section 180-23, Parking and Loading, since all applicable standards therein have been met. 9. The proposal is in general conformance with the Town of Frisco Street Design Criteria, Chapter 155, Streets and Public Ways, since all applicable requirements therein have been met. Recommended Action: Based on the above findings, staff recommends APPROVAL for an amendment to the approved development application and preliminary plat application to reconfigure an alleyway and Lot 1 7, Block 7, on the eastern portion of the Peak One Neighborhood. On that basis, it is staffs RECOMMENDATION That the Council

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DENY the appeal and uphold the Planning Commission decision of May 5, 2011 to approve a request for an amendment to the approved development application and preliminary plat application to reconfigure an alleyway and Lots 1 7, Block 7 on the eastern portion of the Peak One Neighborhood, subject to the following findings and conditions:

Special Conditions to be met prior to the issuance any grading or building permit for Phase Two: 1. That the Tract S private parking access easement snow storage be reconfigured to be out of the 25 wetland setback. 2. That Meridian Park is removed from the landscape plan if the park is not scheduled to be constructed in Phase Two. Standard Conditions: 1. That the applicant sign and return the Notice of Decision to the Community Development Department. 2. Pursuant to Chapter 155, Frisco Town Code, all streets, driveways, and parking areas shall be designed and constructed in accordance with the Town of Frisco Minimum Street Design Criteria, as revised from time to time, and the Town of Frisco Street Construction Specifications, as revised from time to time. 3. Pursuant to Article III, 180-19 E., Frisco Zoning Code, if construction on the lot has not begun within three years (2 years for Planned Unit Developments), or completed within four (4) years, from the date of the final site plan approval, or if the owner/developer has failed otherwise to comply with the approved site plan, the Commission shall revoke said project approval. 4. Pursuant to Article III, 180-19 D., Frisco Zoning Code, once the development plan has been approved, no substantial variation of the plan shall be permitted, including approved building design, materials and colors, without approval of the Building Official and Planning Department, and/or Planning Commission. 5. Pursuant to Article III, 180-19 F., Frisco Zoning Ordinance, after final site plan approval by the Town, the developer may apply to obtain a foundation only permit from the Building Department. An Improvement Location Certificate Survey, certified to the Town, showing the location of all foundations for structures approved on the site plan as well as the USGS elevation at the top of the foundation walls and the elevation of any adjacent paved street(s); and the location of all sewer cleanouts and water curb stops, with a bearing and distance reference to two points on a foundation wall shall be submitted to the Community

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Development Department before a full Building Permit will be issued allowing construction beyond that specified on the Foundation Only Permit. 6. Pursuant to Article III, 180-20 D., Frisco Zoning Code, and Article V, 157-29, Frisco Subdivision Code, suitable and sufficient security in the amount of 150% of the total costs shall be required for any improvements, including but not limited to required landscaping, drainage, and paving, that cannot be completed prior to the recording of any phase of the Final Plat or the issuance of a Certificate of Occupancy within that phase, whichever occurs first. 7. Pursuant to Article III, 180-20 U., Frisco Zoning Code, no construction activity related noise shall occur outside of an enclosed structure other than between the hours of 6:00 a.m. and 6:00 p.m. or one-half hour after sunset, whichever is later. 8. Pursuant to Article III, 180-20.Q, Frisco Zoning Ordinance, no more than one construction trailer and one sales trailer shall be permitted on a construction site. The location of the trailers shall be approved by the Community Development Department for a period not to exceed twelve (12) months. 9. Pursuant to Article VI, 180-46.A., Frisco Zoning Code, the developer shall request that a staff planner conduct an inspection of the property to verify that all construction and site improvements comply with the approved site plans. Any facilities that require burial, such as drainage infiltration structures, must be inspected by a staff planner or the Town Engineer during installation. It shall be the developers responsibility to make arrangements for all inspections.

Attachments: 1. Appeal Application & Letter from Mountain Side Combined Board of Directors 2. Proposed Amended Development Application 3. Proposed Revised Development Plan Set (also referenced as Phase Two on several plan set pages) 4. Comment letters received from: o Hollis Hope o Sue Singer o Mountain Side Condominiums several homeowners

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