Dillon Point (Aspen Creek Filing No. 8)

This project has now moved into construction and the developer has created a website available here to provide ongoing updates regarding the Aspen Street Road Closure activities at the site.

April 23, 2021 Update

On April 21, 2021 the Engineering Division approved the grading/over-ex permits for the site. Since this development has moved from planning into construction, this page will no longer be updated. If you have questions or concerns during the construction phase, please contact the Engineering Division at 303.438.6380.

April 11, 2021 Update

On April 6, 2021 City Council held a public hearing for the second reading of Ordinance No. 2142 - an ordinance for a vesting rights agreement for the Dillon Point development. Council voted 8-2 to adopt Ordinance No. 2142 approving the vesting rights agreement, as amended. Council approve three amendments to the Vesting Rights Agreement, these amendments are as follows:

• An amendment to require the development and construction of the commercial lot in the development to occur during the first vesting term (first 5 years).
• An amendment to change the milestones in the first term of the vesting agreement to require no less than 148 residential units and 15 deed restricted attainable units be completed during the first vesting term.
• An amendment to have Exhibit B of the vesting agreement amended to add the required traffic signal as was conditioned as part of the approval of the development proposal on February 11, 2021.

March 19, 2021 Update:

On March 16, 2021 City Council continued the public hearing and second reading of Ordinance No. 2142 for the Vesting Rights Agreement for Dillon Point. This continuance was necessary to allow for Staff to complete the required public noticing for the meeting. The March 16th public hearing was noticed in the Broomfield Enterprise, but staff did not provide the mailed notices and sign postings on site as required by BMC prior to the scheduled second reading and public hearing.

The Public Hearing and Second Reading for the Vesting Rights Agreement (Ordinance No. 2142) will take place on April 6, 2021.

Feb. 17, 2021 Update:

On Feb.11, 2021 City Council approved the Dillon Point (Aspen Creek Filing No. 8) development proposal. The project had five resolutions and one ordinance. Four resolutions were approved, and Ordinance 2142 was adopted on first reading, one resolution was denied. Details for the individual resolutions are provided below.

Resolution 2020-239 was amended to require the developer to install a traffic signal on Aspen Street at the location of one of their entrances to the Dillon Point community, and to reduce the maximum height of the proposed three story townhomes to not exceed 42 feet in height. Resolution 2020-239 was approved by a 6-4 vote by City Council.

Resolutions 2020-240 (First Amendment to the Aspen Street Metropolitan District) and 2020-241 (Easement Grant for a portion of the Wottge Open Space) were also approved by 6-4 votes.

Resolution 2020-257 (Memorandum of Understanding for Affordable Housing) was approved by a 7-3 vote.

Resolution 2020-272 (pertaining to an amendment to the Metro District Service Plan and Intergovernmental Agreement) required a 2/3 vote for approval. Council voted 6-4 on a motion to approve, this vote fell short of the 7 votes required for approval. The resolution for approval failed.

Council also voted 6-4 to adopt Ordinance 2142 (pertaining to a Vested Rights Agreement) on first reading. A public hearing and second reading of this Ordinance has been scheduled for consideration by City Council on March 16, 2021.

The next step is the City Council public hearing for the second reading for Ordinance 2142 at the March 16, 2021 City Council meeting.

Feb. 11, 2021 Update:

Public Comment is encouraged to be submitted below through the Public Comment tool on the issues listed below ahead of the Special Meeting.

During the Special Meeting on Thursday, Feb. 11,

Public comment will be limited to 90 minutes total.

• The first 1-15 participants in the queue have 3 minutes to speak.
• The next 16-25 participants in the queue have 2 minutes to speak.
• If time remains, the next 26+ participants in the queue have 1.5 minutes to speak.

The phone number is 1.855.695.3744, please press star 3 (*3) to be placed in the queue.

Issues for Comment:

1. Additional information regarding Homeowners Associations, Metropolitan Districts, and Shared Wall Agreements (Party Wall Agreements) and additional clarification on the applicant’s approach to these items in their development proposal; and
2. Additional financial information regarding the applicant’s project, specifically regarding the financial analysis for the applicant’s stated need for the proposed three-story townhome product.

Feb. 2, 2021 Update:

Staff received the applicant's supplemental information regarding Homeowners Associations, Metropolitan Districts, and Shared Wall Agreements (Party Wall Agreements) and additional clarification on the applicant’s approach to these items in their development proposal. Additionally, the supplemental information provided details on the financial elements regarding the applicant’s project, specifically regarding the financial analysis for the applicant’s stated need for the proposed three story townhome product as was requested by Council during their motion to continue the project to the Feb. 11, 2021 special meeting.

Access the supplemental information.

Jan. 29, 2021 Update:

On Jan. 26, 2021, the City Council approved a motion to continue the hearing for Dillon Point to a special meeting on Thursday, February 11, 2021. The special meeting was scheduled pursuant to Section 5.2 of the Broomfield Home Rule Charter, and Section 2.4 of Council Procedures and Rules of Order. The motion to continue was made and approved in order for the staff and the applicant to prepare additional information and complete a presentation regarding the following specific items.

1. Additional information regarding Homeowners Associations, Metropolitan Districts, and Shared Wall Agreements (Party Wall Agreements) and additional clarification on the applicant’s approach to these items in their development proposal; and
2. Additional financial information regarding the applicant’s project, specifically regarding the financial analysis for the applicant’s stated need for the proposed three story townhome product.

The public is invited to comment on the two issues listed above through the Public Comment tool below, which is reviewed by City Council, as well as during the public comment portion for this specific agenda item during the Feb. 11 Special Meeting.

Jan. 27, 2021 Update:

On Jan. 26, 2021, the City Council continued the hearing for Dillon Point to a special meeting on Feb. 11, 2021 in order for the applicant to provide additional information regarding their project's finances, and clarification on the questions regarding the HOA, Metro District and party wall agreement.

Dec.11, 2020 Update:

On Dec. 1, 2020, City Council voted unanimously to continue the Dillon Point (Aspen Creek Filing No. 8) development proposal to the Jan. 26, 2021 Council meeting. This continuance was approved to allow for the developer to redo their public notice due to an error in the postage used in original mail notice.

Nov. 10, 2020 Update:

On Nov. 9, 2020, the Planning and Zoning Commission voted 4-3, recommended approval of the Dillon Point (Aspen Creek Filing No. 8) PUD Plan Amendment, Site Development Plan and Final Plat. There were two conditions included as part of the recommendation for approval.

1. Applicant work with staff to review the height of the three story townhouses to reduce potential impacts on adjacent properties.
2. The uses on the commercial property are reduced to encourage neighborhood type uses, such as coffee shops, restaurants, and gathering places.

The next step in the process is hearing before the City Council for their consideration of the developer's land development application. That meeting is scheduled for Dec. 1, 2020.

Nov. 3, 2020 Update:

On Oct. 30, 2020, Aspen Street Land, LLC submitted a response to comments and a 3rd submittal with revised documents. Please note that only items that were revised, edited, or modified were resubmitted as part of this response to comments.

This development project is scheduled for the November 9, 2020 Planning and Zoning Commission hearing.

Oct. 12, 2020 Update:

On Oct. 8, 2020, Aspen Street Land, LLC submitted a response to comments and a 2nd submittal with revised documents. Please note that only items that were revised, edited, or modified were resubmitted as part of this response to comments.

Sept. 22, 2020 Update:

On Sept. 17, 2020, Aspen Street Land, LLC submitted a new application for a Comprehensive Plan Amendment, a Planned Unit Development Plan Amendment, a Final Plat, a Site Development Plan, an Amendment to the Aspen Street Metropolitan District Service Plan, and a request for a Vesting Rights Agreement for Dillon Point (Aspen Creek Filing No. 8).

To view the full submittal please access the document library on the right hand side of this webpage. Please note that not all items are included in subsequent resubmittals - only items which required revisions (example: there is a color plan set submitted in the 1st submittal package, but not in the 2nd submittal). If you are looking for a document that is not in the most recent submittal folder, please check the prior submittal or reach out to the staff member listed under "Whos Listening" for assistance.

Sept. 3, 2020 Neighborhood Meeting:

The developer held a virtual neighborhood meeting via Zoom on Sept. 3, 2020. This meeting was recorded - View recording.

As part of the developer's formal application, there was a summary of this neighborhood meeting provided. Read the summary document.

Next Steps:

• Application is currently under review by Broomfield Staff and external reviewing agencies. Once the technical review of the application is complete, the project will move forward to public hearings.
  • This includes presentations before the Housing Advisory Committee, the Open Space and Trails Advisory Committee, and the Parks and Recreation Advisory Committee (meeting dates to be posted as key dates on this page).
• This project is not required to undergo a new concept review, but is required to go to a publicly noticed Planning and Zoning Commission hearing for a review of the new application. The Planning and Zoning Commission will provide a recommendation to the City Council to either approve or deny the development proposal (with/without conditions).
• Following the Planning and Zoning Commission hearing, the development proposal will be brought to a publicly noticed City Council hearing for council’s consideration of the development application.

Summary of Application:

• A Comprehensive Plan Amendment adding a small corner of mixed-use commercial to the site to accommodate an anticipated future commercial user. A separate site development plan will be required prior to the development of the commercial site;
• A PUD Plan establishing uses and development standards for the residential and commercial portions of the project area;
• A Final Plat establishing the lots and tracts for the proposed development. The final plat also dedicates necessary right-of-way, easements and tracts, including approximately 12.5 acres of Public Land Dedication;
• A Site Development Plan for a 314 lot residential subdivision, which also establishes architectural standards, an internal road network, and open lands improvements for the subdivision;
• An Amendment to the Aspen Street Metropolitan District to modify the service plan for the project area; and,
• A request for approval of a Vesting Rights Agreement to provide extended vested property rights to the developer in the Site Specific Development Plan for a term of up to 10 years from the date the agreement would be approved by City Council. The agreement incorporates a provision for tolling, in the event that no new construction activity is commenced for a period of six months due to an economic recession, that the agreement shall be tolled for a length of time equal to the period of time that no new construction activity is undertaken, provided that this tolling does not exceed a period of two and one-half years.

Summary of Changes between Prior Application and New Application:

• Applicant has reduced the number of units proposed within the development from 318 to 314;
• Applicant has reduced the number of three story townhome units, and has stated that they have strategically located those remaining as part of the development in an effort to preserve views and minimize visual impacts on existing residents;
• Applicant is no longer requesting the home occupation waivers for the commercial soccer business to be continued with the new development;
• Applicant has reconfigured the site design to accommodate an increased buffer along the southern perimeter of the development. Buffer has been increased from the previously proposed 30 foot wide buffer and easement area to a 65 foot wide buffer area;
• Due to the northward shift of the semi-custom lots to accommodate the larger buffer area along the southern perimeter, the neighborhood park has been reduced in size from approximately 4.7 acres to approximately 4.4 acres;
• A new pocket park has been added to the site design, located north of the larger neighborhood park. This pocket park is approximately 0.62 acres; and,
• The Developer is proposing to provide 32 deed restricted units as part of their development proposal in order to satisfy the City and County’s Inclusionary Housing requirements. The 32 units represent approximately 10.2% of the proposed units.