Fact or Fiction
PACE Lot 2 and Pine Curve
- What exactly happens if the lot is developed and the parking lot?
- What exactly happens if the lot is rezoned to open space and the parking lot ?
- What exactly happens if Pine Curve is developed?
- What exactly happens if Pine Curve is rezoned to open space?
Estate Residential District
Suburban Residential District
Multiple Family District
Mobile Home District
Greater Downtown District
Light Industrial District
General Industrial District
Planned Development District
Public Facilities District
Open Space District
- Mowing would increase from once a year to twice a year
- Weed control would increase from application of herbicide once a year to three times a year
- The properties would be seeded with native seeding twice a year. The properties do not receive this treatment currently.
What happens to the Purchase and Sale Agreement for Pine Curve if the citizen’s initiative to rezone Pine Curve to Open Space is approved?
The Purchase and Sale Agreement includes a provision
that if the Pine Curve property is rezoned to Open Space the agreement is
terminated. The citizen’s initiative to have property rezoned to open
space through a ballot initiative is currently in the process of collecting the
required signatures. As of August 2019, the Town has not received the
required signatures to place the item on ballot. Any ballot item at this
point will require a special election as the deadline for ballot items to be
placed on the November ballot was July, 2019. To view a copy of the
purchase and sale agreement click here.
The Town Council approved a Resolution regarding the Intent to Sale the My Mainstreet Parcels Including the Pine Curve and PACE Lot 2, what was that resolution about?
Resolution 19-075, was passed on August 19,
2019. The resolution details the extensive history regarding the
properties and the reasons supporting Town Council’s intent to sell. View
Resolution 19-075 here.
Why is the parking in front of PACE all included in the sale of PACE Lot 2?
The PACE Center site is divided into two lots. PACE Lot 1 includes the PACE Center building on the lot. PACE Lot 2 is made up of the large parking lot, vacant land and PACE Center signage. The two lots are separated by Pikes Peak Avenue. The two lots were divided so the bonds that were issued to build the PACE Center stayed with the building, not with the parking lot and vacant land. Any proposed rezoning of PACE Lot 2 requires that the entire lot be rezoned, not just one portion of the lot. The approved language of the proposed ballot question submitted for petitioning by the citizen’s initiative was written to include all of PACE Lot 2. Since this language has already been approved, it can’t be changed at this time without pulling the initial question, rewriting the question and restarting the petitioning process.
When the Town listed PACE Lot 2 for sale, the entire lot was included in the listing, as the lot can be reconfigured from its current layout to accommodate new development. The new development will have to follow the Town regulations for parking and accommodate the new development and the PACE Center. Regardless of what future development may be approved for PACE Lot 2, the number of current parking spaces would be retained, and in all likelihood, increased whether through surface parking or a potential parking garage.
Can you explain the conceptual site plans and associated parking provided on the conceptual site plans for PACE Lot 2?
The conceptual site plans that were developed as part of the My Mainstreet project in 2018 were designed to help the community visualize what the sites could potentially look like, as well as how their feedback was incorporated into the site plan. These were not intended, nor approved, to be the final design for any of the sites. Any development on the sites will have to meet all of the Town of Parker’s land development ordinances and go through the Town’s public development process.
As these plans were only conceptual in nature, the My Mainstreet project team’s goal was to demonstrate some different options for how the site can be reconfigured. The first concept shows a surface parking lot, while the second option includes a two-story parking structure with mixed-use buildings around the parking structure. Determining the final parking required for the site will be dependent on the types of uses being built and will be determined at the time of site plan.
Each type of use has different parking requirements, based on the size of the use. Residential, office, retail and restaurant all have different parking requirements, and until the Town has a proposal for building on the site, we cannot determine the exact amount of parking that will be required. Any new development on PACE Lot 2 will have to provide additional parking for the new development and accommodate the parking required for the PACE Center. The downtown parking regulations can be found in section 13.06.050 of the Town’s municipal code.
What is P3’s role in selling PACE Lot 2 and Pine Curve?
P3 (the “Authority”) was given the authorization by the Town of Parker (the “Town”) in a Cooperation Agreement between the two entities to oversee the development/redevelopment of the My Mainstreet properties. According to the agreement, “The Town and the Authority agree that the Authority shall oversee the development and redevelopment of Authority and Town of Parker owned properties in Downtown Parker.”
Additionally, the Cooperation Agreement states, “Provided however, nothing in this Cooperation Agreement shall authorize the Authority to convey Town-owned property or otherwise provide incentives on behalf of the Town, and any agreements shall require specific Town of Parker authorization.”
P3 does not have any authorization by the Town to sell these properties and has not been tasked to sell the Town owned properties on the Town’s behalf. P3’s involvement in the My Mainstreet Implementation will be to continue the public engagement through the development process and to ensure adherence to the My Mainstreet Strategic Framework. P3 will not receive any of the proceeds from the sale of the Town-owned parcels.
P3 does own the site located at 19801 E. Mainstreet and the P3 staff will be working on negotiations to sell that property and any proceeds from the sale of the 19801 E Mainstreet property will be P3 proceeds and used for the repayment of the loan P3 has from the initial purchase of the property.
Did Town Staff meet with the citizens’ initiative about open space zoning prior to submitting the ballot initiative?
Yes. On March 22, 2019, The Committee’s Chairman spoke to the Community Development Director, at which time the Committee Chairman was advised that the act of rezoning the PACE parking lot on PACE Lot 2 to “Open Space” or “Public Facility” would, from a zoning perspective, sever the PACE parking lot from the PACE Center, and that a parking lot is not permitted as a principal use within either “Open Space” or “Public Facility” zoning designations. Pursuant to the Land Development Ordinance, an action to rezone PACE Lot 2 from Greater Downtown District/Historic Center to Open Space or Public Facility would result in the existing parking lot becoming a nonconforming use and the Town would be required to implement the zoning change and correct the nonconforming situation by removing parking so that the primary use of PACE Lot 2, including the parking lot, is converted to open space.
Why wasn’t parks or open space considered for PACE Lot 2 and Pine Curve for the My Mainstreet Project?
After extensive community engagement, the Town of Parker adopted the Parker 2035 Master Plan in 2012 and the Mainstreet Master Plan in 2015. Each of these plans identifies the community vision for the PACE Lot and Pine Curve sites as follows:
PACE Lot 2 as part of the downtown core and Mixed-Use/Active Ground Floor Overlay Area that functions as a “. . . mixed-use neighborhood that includes uses such as higher density residential, office, government, arts and cultural venues, restaurants, retail, personal services, as well as parks and other gathering places for community events. Provisions for these uses are promoted within vertically mixed-use developments that include housing and/or offices located above ground-floor retail and services.”
Pine Curve Property as part of the East Downtown Gateway and Mixed-Use Area that functions as a “mixed-use neighborhood that includes uses such as higher density residential, office, government, arts and cultural venues, restaurants, retail, personal services, as well as parks, open space and other public gathering places.”
The uses survey conducted as part of the My Mainstreet Project reflected the uses included with the community vision and the zoning for the sites. Since open space was not identified in the Town’s adopted Master Plans as the community vision, it was not provided as an option.
Additionally, the Parks and Rec Department has not identified either the PACE Lot or Pine Curve sites as viable candidates for open space in the Parks and Recreation Master Plan.
What is the role of the Town and Town staff when citizens propose a ballot initiative?
Prior to the proposed ballot language being submitted by the Citizen Committee, Town staff met with the committee and informed them of the potential unintended consequences that could occur as a result of rezoning PACE Lot 2 and Pine Curve as open space. However, the citizen committee moved forward with submitting their proposed ballot question without addressing the unintended consequences.
When a citizen group proposes a ballot initiative, the Town’s responsibility is to ensure that the proposed ballot initiative follows the proper submission process and has met all the State of Colorado and Town of Parker legal requirements. While the Town does provide sample forms, it is the responsibility of the citizen committee to propose the ballot question and address any potential unintended consequences that may occur should the initiative pass.Additional information added 7.26.2019
The Town Code for open space says parking can be an accessory use but what does that mean?
The Town of Parker Code 13.02.010 defines accessory use as “Accessory use means a use naturally and normally incidental to, subordinate to and devoted exclusively to the main use of the premises.” As the majority of the PACE Lot 2 site is currently parking for the PACE Center, changes to the zoning would not allow for a parking lot of the current size and it would likely need to be reduced or removed. The PACE Lot 2 site is 3.48 acres with 180 parking spaces.
To provide an example of what accessory parking means for open space, the new Harvie Open Space is 72 acres and will provide 20 parking spaces to support the open space, as the parking is accessory to the open space.Additional information added 7.26.2019
If PACE Lot 2 is rezoned to open space are there any impacts to the PACE Center parking lot?
Yes. The proposed Citizens’ Initiative to rezone PACE Lot 2 as open space will adversely affect the existing parking lot for the PACE Center. PACE Lot 2 provides parking for the PACE Center which is located on PACE Lot 1. The current commercial zoning for PACE Lot 2 allows this lot to be used for parking that is generated by the PACE Center. The Town’s Open Space District does not allow land located in this district to be used as parking for a commercial use. If the commercial zoning for PACE Lot 2 is changed to Open Space District as a result of the initiative, PACE Lot 2 can no longer be used to provide parking for the PACE Center.What Happens to PACE Lot 2 if it is developed or is rezoned open space cheat sheet.
Does the parking lot for the PACE Center go away when PACE Lot 2 is developed?
No. If a development proposal affects the parking lot, the Town will require that the current number of parking spaces be maintained even if they are reconfigured or relocated. It is important to remember that when the PACE Center was originally planned and designed, the existing parking lot was intended to support activity at the Center and future development on Lot 2 along Mainstreet to create a vibrant destination that anchors the east end of Mainstreet. However, final determination of the parking requirements will be evaluated at the time of site plan to ensure that any development is meeting the downtown parking regulations.
Cheat Sheet - What happens if PACE Lot 2 is developed or rezoned open space?
We understand that there is a lot of confusion about PACE Lot 2, regarding:
In an effort to assist with clarifying the issue staff has created a cheat sheet about PACE Lot 2.
Click the document link below review PACE Lot 2 cheat sheet.PACE Lot 2 What Happens Cheat Sheet
Cheat Sheet -What happens if Pine Curve is developed or rezoned open space?
We have received a lot of questions about Pine Curve:
In an effort to assist with clarifying the questions staff has created a cheat sheet about Pine Curve .
Click the document link below review Pine Curve cheat sheet.
What does open space zoning mean and what can be done with a site that is zoned open space?
The Town of Parker has regulations regarding open space, Town Code 13.04.165. The goal of Parker’s Open Space regulations is to provide areas intentionally left free from development. Additionally, the code identifies that, “The most intensive uses of these areas will normally be passive outdoor recreational activities not requiring significant infrastructure such as roads or utility services.”The Town’s Open Space zoning does not allow for a passive outdoor recreation space to be developed into a formal park area, like O'Brien Park or Discovery Park.
The uses and structures that are permitted under open space zoning are:
(1) Agricultural uses limited to the cultivation of crops and grazing of animals. Existing structures may remain and may be restored to their original size and use, as necessary.
(2) Environmental educational centers/ historical museums for the purpose of providing an area to display items relevant to the site.
(3) Nature center/picnic area/trailhead.
(4) Trails (hard or soft surface).
(5) Accessory uses related to the principal use established on the parcel/lot: maintenance building, parking area, caretaker residence.
(6) Similar uses as determined by the Planning Director to be in accordance with the intent of this District.
What is the difference between open space zoning and parks zoning?
There is no “parks” zoning district in the Town of Parker. Typically most municipalities don’t have a parks zone district, as a park is a use and not a standalone zoning district. The open space code identifies that, “The most intensive uses of these areas will normally be passive outdoor recreational activities not requiring significant infrastructure such as roads or utility services. “The Town’s Open Space zoning does not allow for passive outdoor recreation space to be developed into a formal park area, like O'Brien Park or Discovery Park.
The zoning regulations for the Town of Parker Code 13.04 allow for the following zone districts:
Parks as a use in a zoning district varies in Parker and is most often associated with the Planned Development Zoning Guides or the residential districts. The Town of Parker’s currently has 81 Planned Development Zoning Guides, a map of the Planned Development Zoning Guides can be found on the Interactive Zoning Map.
If the citizens' initiative passes, can’t the Town just subdivide PACE Lot 2 to save the parking lot for the PACE Center?
No. Based on the petition language submitted by the citizens' initiative, if the issue appears on the ballot voters will be asked if PACE Lot 2, in its entirety, should be rezoned to open space. Petition language submitted by the citizens' initiative would have needed to specify a subdivision of PACE Lot 2 in order to separate the parking portion of the lot from potentially being rezoned to open space with the remainder of PACE Lot 2.
If PACE Lot 2 and Pine Curve get rezoned to open space will there be any amenities provided and how soon?
If the citizen initiative passes, it would preserve these lots as native and natural open space without amenities. As such, we would not envision the introduction of any amenities to either site. The $5,000 annual maintenance cost estimate anticipates that this open space will remain in its current state without any new amenities added to either site. If Town Council requests and approves any allowable open space amenities to be added (trails, public art, interpretive signage, etc.), funding for those uses and any associated maintenance costs would have to be appropriated through the Town’s annual budget process.
Should PACE Lot 2 and Pine Curve properties be rezoned to open space will there be annual maintenance costs?
Yes. Should the PACE Lot 2 and Pine Curve properties be rezoned to open space the approximate annual maintenance cost would be $5,000, which would have to be paid from existing budgets.
As dedicated open spaces, these properties would receive more regular
maintenance and investment of staff time than they do in their current state,
as each would be considered “high visibility” open spaces and be maintained to
a level that meets the Town’s open space standards.
This maintenance would include:
This cost estimate also factors in staffing requirements, equipment and supply costs, and insurance costs based on current maintenance expenditures related to the Town of Parker’s existing open space maintenance standards.
Please note this cost estimate is based on maintaining these properties in a natural state of preserved land and does not account for public access or site amenities related to public access.
In 2016 did the Town decide they would not develop Pine Curve?
My Mainstreet General
- Finance the issuance of bonds
- Reimburse developers for a portion of their project costs
- Acquire property
- Make public improvements to support redevelopment efforts
- Rebates on permit fees and/or construction use tax
- Rebates on incremental sales tax
Are there any approved plans for the development of the My Mainstreet parcels?
At this time we do not have any agreements with developers for the My Mainstreet Parcels. When the Town or P3 has a development partner selected and conceptual plans for the sites we will be posting them to www.LetTalkParker.org/mymainstreet-implementation. Any concepts currently being shared are only conceptual drawings of what could potentially go on the site, not approved plans.
Updated: June 26, 2019.
Are you incorporating the public feedback from the My Mainstreet process into the future development plans for these sites?
How did the Town and P3 determine the listing prices for each of the My Mainstreet parcels?
The Town and P3 had appraisals done for the properties. The listing prices were determined by using the appraised values and the listing price recommendations provided by the hired brokerage firm NavPoint Real Estate Group. The final sale price will be approved by the Town Council or the P3 Authority Board, in a public hearing.
What is the process for the Town and P3 to sell the My Mainstreet Properties?
Since the sale of publicly owned land requires a public process, the Town and P3 have chosen to hire a real estate brokerage firm, Navpoint Real Estate Group, to sell these properties on the open commercial real estate market. Navpoint will coordinate with developers who are interested in submitting an offer to purchase the property for development and staff will present the offer to Town Council or the P3 Board for a decision to accept or reject the offer submitted.
Should an offer be accepted, the Town or P3 will enter into a purchase and sale agreement with the developer, after which the purchase and sale agreement will be approved or denied in a public hearing.
If the purchase and sale agreement is approved, the developer will then have 12 months to submit a Town of Parker Site Plan or Minor Development Plat (Pine Curve only). The site plan or minor development plat will also be approved or denied in a public hearing. The Town or P3 will not transfer the ownership of the properties to the developer until after the site plan or minor development plat approval has occurred. After the transfer of ownership of the property is completed, the developer will have 12 months to begin construction on the development.
How was the My Mainstreet information gathered in 2018 used?
The input received during the My Mainstreet process resulted in the My Mainstreet Strategic Framework: A Blueprint to Community Supported Development. The Strategic Framework was adopted by the Parker Town Council and the P3 Authority Board in November, 2018. Any future development is expected to fit within this framework.
Will residents be able to provide input on development proposals?
If you are registered through the Let's Talk Parker site you will be able to provide comments to the development proposals as they move through the Site Plan approval process.
Why would the Town of Parker or P3 Parker provide incentives to developers and what are the benefits?
Development incentives are an important tool available to the Town and P3 Parker , however, each entity has different tools that they can use. In either case the incentives come in the form of a reimbursement of sales tax dollars (Town of Parker) and/or property tax dollars (P3 Parker). Incentives are utilizing dollars that we will not otherwise have but for the new development. All sales tax and/ or property incentives are reimbursed to the developer over time and are not given at the banging of a project. A specific percentage is reimbursed based on actual sales tax or property tax generated.
The Market analysis conducted during the 2018 My Mainstreet effort discussed incentives on page 84 of the report and is quoted below:
"Establish strong public private partnerships and development incentives for desired uses. Public private partnerships will be important for the success of a number of desired uses, including professional office development and denser, multifamily or mixed-use housing products. It also may be necessary to offer incentives for these development types to be feasible. As an example, according to developers interviewed, the primary challenges of building new office space are two-fold. First, it is difficult to pre-lease sufficient space from small users to obtain construction financing. Second, these smaller tenants are often unwilling or unable to pay the lease rates needed to support new construction. It will therefore take a partnership with an owner/developer interested in building additional speculative space. The development partnership and unique financing incentives for The Move Office Building in Castle Rock is an example of the creative approach needed to overcome the market and financial challenges for develop office space in the current market context.
For the retail and restaurant complex, the Town should consider meeting with experienced
developers of the comparable projects listed to understand the market and financial
requirements needed for this type of project to be built. It will require a public private
partnership with an experienced developer who can recruit the unique mix of tenants needed
for a successful project."
What is Tax Increment Financing (TIF)?
TIF is a tool that is available to P3 Parker and not the Town of Parker. The use of TIF is governed by state law. It enables URAs, like P3, to collect the new property and/or sales tax revenues generated within a designated urban renewal area to help finance further improvements. TIF is not a separate tax. It is the increase in property and sales tax revenues that would not otherwise be available but for the redevelopment project. A URA can capture these incremental revenues for a period of up to 25 years.
What is the Tax and Fee Incentive Program (TAP)?
The Town offers economic development assistance tools for businesses looking to relocate or expand in Parker. Understanding that each business may vary in the type of assistance needed and each situation may differ; staff customizes all economic development assistance to the needs of the company and/or situation. TAP includes:
The Town of Parker believes economic development assistance to be significant in remaining competitive in attracting and retaining quality businesses and development to the Town. Using TAP, Parker can remain competitive, while safeguarding the funds used to assist companies in their location decision, resulting in an economically viable and sustainable community.Town of Parker Economic Development Website
What can be built in Downtown Parker?
What is a market analysis?
I want to develop this area as a park/open space, but I’ve heard that this isn’t an option. Explain why.