Compliance with Section 18-52(4) City of Thornton Development Code

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Harriet Goodwin
5 years ago
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1 May 25, 2016 Jay Ruchti City of Thornton City Development Department 9500 Civic Center Drive Thornton, CO RE: Golf Safety Netting TOPGOLF Entertainment Complex (Southeast Corner of East 136 th Avenue & I-25) Dear Mr. Ruchti, Baseline Corporation is working with Topgolf International, Inc. to prepare a Development Permit (DP) application for a future in Thornton. Specifically this facility will be located southeast of the intersection of 136 th Avenue and Interstate 25. Baseline attended a preapplication meeting with the City of Thornton on November 12, 2015 where it was indicated that approval of a (SUP) will be required to permit the golf safety net (GSN) that is proposed to border the facility s outfield. This letter has been submitted to satisfy that request. Below we have included information to demonstrate compliance with the SUP review criteria as described in Section of the Development code. Compliance with Section 18-52(4) City of Thornton Development Code Section 18-52: states: The SUP provides a means for developing certain uses in a manner in which the specific use will be compatible with adjacent property and consistent with the character of the neighborhood, and describes the 5 criteria that the Planning Board uses to evaluate SUP applications. The following paragraphs describe how the proposed golf safety net fulfills each of the 5 evaluation criteria listed as A through E below. A: [How will the proposed improvement(s)] Complement or be compatible with the surrounding uses and community facilities. Adjacent Land Uses include the Thorncreek Golf Club to the east, Interstate 25 to the west, and 136 th Avenue to the north. There is a residential neighborhood located to the east of the golf course. The proposed property is part of a larger parcel (# Adams County) that is currently in the subdivision process. The remaining parcel is currently undeveloped land. Compatibility with Thorncreek Golf Club: Golf safety nets are frequently located on golf courses or on driving ranges located adjacent to golf courses for the safety of passers-by or the general public. Golfers, and the public, can reasonably expect that a neighboring golf facility may have a GSN. The safety net should not obstruct the operation of the golf course. The transparency of the netting will also preserve the view of the mountains. Interstate 25 and 136 th Avenue: Drivers using I-25 and 136 th Avenue, a major arterial, will not be unreasonably impacted by the visual presence of a GSN. Large-scale development and entertainment facilities can typically be located along highways and major arterials. Corporate Headquarters High Plains Rocky Mountains Downtown Golden Downtown Greeley Ski Village 1950 Ford Street th Avenue, Suite Central Park Drive, #370 Golden, Colorado Greeley, Colorado Steamboat Springs, Colorado Ph Ph Ph Fax Fax Fax

Page 2 Nearby examples include the Boondocks entertainment facility, Adams 12 School and stadium, and the Auto Nation Chevrolet North dealership in Northglenn.

The applicant has made a strong effort to properly design a screen to be on the property and make it attractive as possible to neighboring uses that are typical of Business Park developments.

2 Page 2 Nearby examples include the Boondocks entertainment facility, Adams 12 School and stadium, and the Auto Nation Chevrolet North dealership in Northglenn. Undeveloped Property: The remaining undeveloped parcel is zoned Business Park (BP). This zone district permits such uses as office parks, agricultural uses, and light industrial uses. The applicant has made a strong effort to properly design a screen to be on the property and make it attractive as possible to neighboring uses that are typical of Business Park developments. The development will provide pedestrian amenities that can be utilized by future businesses and patrons. The applicant is also proposing high-quality landscaping that will blend with future office and non-residential uses. The net itself will be almost completely transparent and should not obstruct views. In addition, no lighting will be mounted to the screen posts to create light pollution. Other nearby land uses include big box retail stores and a wastewater treatment facility west of I25, a ranch is located to the north of 136th and the nearest single-family residences are located over 500 feet to the east and south. These uses will not be negatively impacted by the potential facility or screen. The potential exception of visual impacts to single-family residences in the Rolling Hills Subdivision toward the east is that the poles will be visible but at due to the distance between the two, the screen portion will not really be visible due to its transparency. In addition the visual impact to Rolling Hills residences will be somewhat mitigated by installation of new trees that will be installed between the facility and the neighboring golf course. Finally, the poles will be painted a color to blend in with the sky and surroundings (sky blue). A visual rendering has been included with the DP submittal that highlights how the facility will appear.

3 Page 3 B: [How will the proposed improvement(s)] Contribute to, enhance, or promote the safety and welfare of the area of request and adjacent properties. The GSN will prevent golf balls from exiting the facility, reducing potential injuries and property damage. Without the GSN, stray golf balls could damage passing or parked vehicles, and eliminates the potential for accidents due to driver distraction. C: [How will the proposed improvement(s)] Not be detrimental to the public health, safety, or general welfare. As stated above, the GSN will prevent damage to human health and property. The proposed visual mitigation measures include sky-colored support poles without lighting fixtures, 93% transparent netting, and newly-planted screening trees along the perimeter of the property. Additionally, the only nearby use that could potentially be visually impacted is located over 500 feet away, and will buffered by a treed golf course. A pedestrian path will be constructed along the western boundary of the development to link with future developments in the area. This amenity, along with the facility itself, will promote physical activity and contribute to the physical health of the area. D: [How will the proposed improvement(s)] Conform in all other respects to all applicable zoning regulations and standards. Thornton Development Code Section : Use Chart In the Business Park Zone District, GSN are a use permitted with approval of a. Thornton Development Code Section : Accessory Use - Golf Safety Net. (a) Golf safety nets may be permitted only on lots whose side or rear yard abut a golf course or golf driving range or are across the street from a golf course or golf driving range. The proposed development abuts a golf course to the east and south. (b) Golf safety nets may be erected on property adjacent to or across the street from the golf course or golf driving range. The restriction in Section requiring an accessory use to be located on the same lot as the main use does not apply to this use. N/A (c) A person shall not erect or maintain a golf safety net more than 60 feet above grade when located in the rear or side yard. Golf safety nets are prohibited in the front yard. Due to the size limitation of the parcel available and proximity to Thorncreek Golf Course, it is necessary to have a taller screen for the safety of all nearby persons and property. (d) In the event a development permit and specific use permit is approved with golf safety net standards different from the standards in this section, the standards established in the development permit and specific use permit review process shall control. Understood. (e) Golf safety nets may not be located within a floodplain easement without consideration of flooding conditions and as approved by the floodplain administrator.

Page 4 All of the proposed development, including the GSF, lies outside of the 100 year floodplain. The design considered and intentionally avoided the floodplain. See below diagram.

4 Page 4 All of the proposed development, including the GSF, lies outside of the 100 year floodplain. The design considered and intentionally avoided the floodplain. See below diagram. The location of a golf safety net shall comply with all visual obstruction regulations contained in Section See below. Sec Visual obstruction regulations. (a) A person shall not erect, place, or maintain a structure, berm, plant life, or any other item on a lot if the item is: (1)In a visibility triangle as defined in this section. The GSF is not in a visibility triangle as defined by the section, and the Visual Obstruction Regulations are not applicable with this request. (f) Flags, signs, banners and other appurtenances are prohibited from being attached to the support structure or netting. No flags, signs, banners, or other appurtenances are proposed to be attached to the support structure or netting.

5 Page 5 (h) Golf safety nets shall be constructed in accordance with the following minimum standards: (1) All golf safety nets require a building permit. A valid building permit will be requested and processed before installation. (2) Support posts and netting shall be consistent in all detail, including height, color and style, with existing golf safety nets surrounding an adjacent golf course or driving range, if any. Not applicable as there are no other nets nearby. (3) All golf safety nets shall be constructed in accordance with the manufacturer's recommendations. Manufacturer s recommendations will be followed. (4) Support posts shall be constructed of rust-resistant metal approved by a structural engineer and shall meet all requirements of the city's Building Code and all other applicable codes. To be addressed during the building permitting process. (5) Netting material shall be black in color and of a quality designed for the purpose of obstructing golf balls. Netting shall also be designed to withstand the area's climate conditions and shall meet all requirements of the city's Building Code and all other applicable codes. To be addressed during the building permitting process. (6) Support structures should be fitted with a device, such as a halyard, that allows the net panel(s) to be removed for repair or storage. To be addressed during the building permitting process. (i) Golf safety nets shall be maintained and repaired by the property owner in accordance with the following minimum standards The developer agrees to perform maintenance according to following the minimum standards. (1) Any missing or broken support post that was a component of the original design of the golf safety net shall be repaired or replaced with similar material. (2) Torn netting which no longer serves the intended purpose shall be repaired or replaced with similar material. The applicant agrees to replace all broken equipment as outlined above in subsections 1 and 2.

6 Page 6 E: [How will the proposed improvement(s)] Be in conformance with the comprehensive plan. Proposed Site: The site is in the North Washington Subarea, and is designated Gateway/Mixed Use on the Future Land Use Map of the Thornton 2012 Comprehensive Plan. Top Golf is an upscale, destination-oriented, commercial-recreation facility that is permitted in the North Washington Subarea, and is consistent with the vision for the Gateway/Mixed Use district. Surrounding Area: According to both the Comprehensive Plans of Thornton and Westminster, the desired future land use of the adjacent properties will be compatible with the proposed facility. Thornton s future land use vision includes Regional Commercial and Parks and Open Space district, and Westminster s includes Retail Commercial and Public/Quasi Public districts. The uses envisioned for these districts will not be negatively impacted by the presence of the proposed Topgolf facility and GSN. We hope that you find this submittal acceptable and that it fulfills the standards and regulations in place for the City of Thornton regulations. Please let me know if you have additional questions or requests. We look forward to your comments and ultimately the approval of this SUP. Sincerely, Cory Miller, AICP Associate Planner CC: Bill Heilbron, Topgolf International, Inc. Bill Krol, Arco Murray

Town of Kiawah Island Board of Zoning Appeals

Town of Kiawah Island Board of Zoning Appeals March 19, 2018 Town of Kiawah Island Municipal Center 4475 Betsy Kerrison Parkway Kiawah Island, SC 29455 CASE# BZA-12-17-00233 Applicant/Property Owner(s):