Legislation Details

File #: 26-204    Version: 1
Type: Resolution Status: Passed
File created: 4/2/2026 In control: Board of County Commissioners Business Meeting
On agenda: 4/14/2026 Final action: 4/14/2026
Title: SDPZ23-001, Dayton Point - Specific Development Plan with Zoning - Request to Amend a Condition of Approval
Attachments: 1. Board Summary Report, 2. Presentation, 3. Applicant's Request, 4. Draft Motions, 5. Resolution
To: Board of County Commissioners

Through: Ceila Rethamel, Acting Director, Public Works and Development

Prepared By:
prepared
Molly Orkild-Larson, Principal Planner, Public Works and Development
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presenter
Presenter: Molly Orkild-Larson, Principal Planner, Public Works and Development
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Subject:
title
SDPZ23-001, Dayton Point - Specific Development Plan with Zoning - Request to Amend a Condition of Approval
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Purpose and Request:
recommended action
The Board of County Commissioners is asked to adopt a resolution amending a condition of approval included in Resolution 25-250, for case number SDPZ23-001. Following approval of the underlying Specific Development Plan/Zoning, the applicant raised concerns about the timing of a cash-in-lieu payment required therein.

The condition requires payment of schools, parks, and other public purpose fees in lieu of land dedication. The proposed alternate condition from Staff will assure the payment is made at a later date.

This project is located at 9500 E. Mississippi Avenue, on the southwest corner of E. Mississippi Avenue and S. Dayton Street.
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Alignment with Strategic Plan: Good Governance - Understand and respond to community needs, interests, and values.

Background and Discussion: On October 28, 2025, the Board of County Commissioners approved the Dayton Point Specific Development Plan with Zoning, case number SDPZ23-001, via Resolution 25-250, inclusive of two conditions. The Owner now seeks to have Condition #2 removed.

Condition #2 states, "Before the signature of the Specific Development Plan with Zoning, the applicant shall pay the total cash-in-lieu fee of $70,800.99. This cash-in-lieu fee shall be distributed as follows: Cherry Creek School District: $54,520.99; Public Parks: $15,628.80; and Other Public Purposes: $651.20."

Throughout the pendency of the Planning Commission and Board of County Commissioners hearings on this matter, the above condition appeared in the pu...

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