To: Board of County Commissioners
Through: Gini Pingenot, Director, Open Spaces
Prepared By:
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Roger Harvey, Planning Manager, Open Spaces
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Subject:
title
Property Acquisition Conveyance Acceptance from Tamarak Land - Arcadia, LLC for Arcadia Park land dedication, and Park Improvement Agreement, Warranty Deed, and Public Recreation Use Easement.
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Purpose and Request:
recommended action
Open Spaces requests that the Board of County Commissioners adopt a resolution authorizing the accepting conveyance of 3.6 -acres of property in the Four Square Mile Area of unincorporated Arapahoe County for future open space park purposes. And authorize Director of Open Spaces to execute final versions of the Park Improvement Agreement, Warranty Deed and Public Recreation Use Easement. The park land dedication from Tamarack satisfies the County Development Code and Condition of Approval for Arcadia Subdivision Filing No. 1 Final Plat PF22-004.
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Background and Discussion: In 2020, DHI Communities (DHIC) submitted a pre-submittal letter of intent to the Planning Division for the Arcadia development located 9495 E. Florida Ave. in unincorporated Arapahoe County. This project proposed to redevelop the 32.2 acre parcel on what is now the Potter’s House Church. The project proposes a 3-story multifamily and paired-home community that will include approximately 345 rental apartment units, 168 2-story for-sale paired-homes, and a park on the northern end of the property that will be dedicated to the County as required per County Development Code and land use condition of approval.
DHIC Communities approached Open Spaces staff to discuss a partnership that would result in the park being constructed at the same time as the residential construction, the result of this partnership is the Park Improvement Agreement. Standard practice for Open Spaces would be to accept ownership of the land set aside for the park and, once staff resources are available, Open Spaces would go through the planning, design, and construction process for the park. Open Spaces was open to this partnership because the park would be an amenity to the community sooner than later and would take less time, money, and staff resources. Norris Design performed most of the planning and design work and was already under contract with DHIC. Open Spaces staff worked with the DHI Communities and Norris Design to conduct extensive public outreach and engagement to develop a final conceptual plan for the park. Three public meetings were held, and three public surveys were conducted during the five-month public engagement period, which lasted from December 2021 to April 2022.
Open Spaces first presented the park concept to our Open Spaces Trails Advisory Board for adoption and the BOCC at a Study Session in 2022. We subsequently had $4,000,000.00 in funding approved by Advisory Board and BOCC in 2023. The parkland dedication and acceptance by the County has been planned and worked on since 2021. The final plat approved by the BOCC in August 2023 subdivided the parkland parcels and recreation easement area into Tracts A and W: 3.2 acres of County owned parkland and Tract X which is a dual-purpose detention pond, recreation amenity of 2.19 acres to be dedicated, but not conveyed (HOA owned) and a Permanent Public Recreation Use Easement will be granted over Tract X to County for public access and recreation. The easement is included in resolution for acceptance and authorization of signing by Open Space Director.
The purpose of the Park Improvement Agreement (PIA) between the County and DHIC is to provide for the design and construction of the park improvements at Arcadia Park once the property is conveyed to the County. Both DHIC and the County agree that it is in both entities interest to construct a high-quality park that will be an amenity to the residents of the Four Square Mile Community. The PIA outlines the roles and responsibilities of the County and DHIC during design and construction of the park as well as during the one-year warranty period. The plat was approved by BOCC on August 8, 2023, with the following Condition of Approval:
4. The owner shall execute, deliver, and convey to Arapahoe County, via conveyance instruments reasonably acceptable to Arapahoe County, which is an approved Warranty Deed, the development’s public park property (Tracts A and W and recreation easement in Tract X). However, no residential building permit will be issued by the County until the said Tracts and recreation easement have been conveyed to and accepted by the County.
The owner and developer of the first order infrastructure, Tamarack Land - Arcadia LLC is now at this point and desires to apply for building permits. The County is pursuing a permanent recreation easement because the County cannot be responsible for a private developer’s permanent stormwater infrastructure but wants to provide the Four Square Mile community a high quality recreation experience by using parts of the property for a trail connection, turf field, and as a naturalized area.
Alternatives: Multiple contingencies are available within the Park Improvement Agreement that releases both parties, the parkland conveyance and recreation easement acceptance fulfil required land use approvals.
Fiscal Impact: There will be no direct fiscal impact to the County by approving these items. $4 million in park construction funding has already been approved by BOCC from the Open Spaces Sales Tax fund.
Alignment with Strategic Plan:
☒Be fiscally sustainable
☒Provide essential and mandated service
☒Be community focused
Concurrence: This item was recommended by OSTAB for BOCC approval on August 22, 2022, and the Board of County Commissioners recommended park concept and funding approval in a study session on October 11, 2022. BOCC approval of Recreation Easement, and Park Improvement Agreement was provided during a study session on September 19, 2023.
Resolution: Attached is a copy of the draft resolution.