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File #: APPL-25-0004    Version: 1 Name: Flats at Sand Creek Appeal
Type: Planning Case Status: Agenda Ready
File created: 6/25/2025 In control: City Council
On agenda: 7/8/2025 Final action:
Title: An appeal of the City Planning Commission decision to deny the appeal approving a development plan consisting of 6.94 acres located at the northeast corner of N Carefree Circle and Peterson Road. (Quasi-Judicial) Related Files: APPL-25-0004 (Council), APPL-25-0003 (CPC), DEPN-24-0133 Located in Council District 6 Presenter: Austin Cooper, Senior Planner, Planning Department Kevin Walker, Director, Planning Department
Sponsors: Planning Department
Attachments: 1. Flats at Sand Creek DP Appeal Staff Report, 2. Attachment 1 - Appeal of CPC Decision, 3. Attachment 2 - Development Plan, 4. Attachment 3 - CPC Appeal Letter, 5. Attachment 4 - Public Comments, 6. Attachment 5 - Public Comment Response, 7. Attachment 6 - Traffic Impact Study, 8. Attachment 7 CPC Appeal Comments, 9. Attachment 8 Flats at Sand Creek Petition 06-20-2025, 10. Attachment 9 CPC_Minutes_4.9.25 Final
Related files: APPL-25-0003
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Title
An appeal of the City Planning Commission decision to deny the appeal approving a development plan consisting of 6.94 acres located at the northeast corner of N Carefree Circle and Peterson Road. (Quasi-Judicial)

Related Files: APPL-25-0004 (Council), APPL-25-0003 (CPC), DEPN-24-0133
Located in Council District 6

Presenter:
Austin Cooper, Senior Planner, Planning Department
Kevin Walker, Director, Planning Department

Body
Summary:
Owner: Lincoln Capital Acquisition LLC
Developer: Lincoln Capital Acquisition LLC
Representative: NES Inc
Location: Northeast of Peterson Road and N Carefree Circle

City Planning Commission, at a regularly scheduled public hearing on April 9, 2025, denied an Appeal of an administratively approved for the Flats at Sand Creek Development Plan application for a 144-unit multi-family residential development at the Northeast corner of Peterson Road and N Carefree Circle.

On April 18, 2025, the same Appellant filed an appeal of the City Planning Commission's decision to approve the above-referenced project within the 10-day appeal window (see "Attachment 1 - Appeal of CPC Decision").

Background:
Please see the attached City Planning Commission Staff Report for a complete analysis of the proposed application(s).

Review Criteria:
The application being considered is an appeal of City Planning Commission's decision on the Flats at Sand Creek Development Plan. In determining the decision on this appeal both review criteria for an appeal and development plan are to be considered.

An application for an appeal may be reversed or modified if it is determined that one (1) or more of the applicable review criteria have been met. The review criteria for this decision are set forth in City Code Section (UDC) 7.5.415.A.2, as follows (refer to the underlined criteria in subsection (2)):

2. Notice of Appeal
a. The notice of appeal shall state:
(1) The specific provision(s) of this UDC that is the basis of the appeal; ...

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