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Two important cases!
  1. New Filing by Independence; 
  2. Arrowpoint development filing

Hi Everyone,

Here is our new newsletter format for all future FCC II updates.

Two important subjects to brief you all on. As always, please contact me with any questions.

1. Independence filings:

Independence's response and revised draft proposed decree to our filings are attached as links for your review.

While, as always, there is no guarantee, there are FCC II issues not well addressed by Independence in these filings.

The case management order states that the referee “will likely enter a ruling following completion of this second round of comments and replies" which means we may get a ruling from the referee soon because all filings are now in.

I will let you all know as soon as I do.

Please note: if the referee's ruling is unfavorable, we can file a protest of the ruling, which will initiate a de novo (start new)proceeding in the water court.

2. Arrowpoint application filing for review:

This is the final plan for the same area we fought back in 2017 and won.  If you will recall, that application was for 286 residences  on only 62.8 acres at the intersection of 83 and 86! Together we fought and won that battle! Below is the new proposal. The Franktown community met with the developer's representative awhile back at the firestation and asked that this application be 5 acres  per residence. The below is not 5 acres per residence, but it does meet the zoning requirements at the time of the application and is 267 residences less than the plan we beat. 19 homes will be on 40 acres and  it has 40 acres of dedicated open space along  highway 83 with a road through it. The density bonus and this type of  "clustering" were zoning regulations that we also fought against. Those zoning regulations were removed in 2019, but Arrowpoint was filed in 2018 so the zoning regulations on the books in 2018 apply.

If you want to review the entire plan, go to Douglas County Planning website and look up SB2020-032. Below is the information that was referred for comment to us from Douglas

County Planning. All comments should be sent to Matt Jakubowski at: [email protected]

"Project Name: Arrowpoint Final Plat Project File #: SB2020-032 Project

Summary: Final Plat to subdivide 80 acres into 19 single-family residential lots, including a 3-lot density bonus (20% increase in density), for a 50% open space dedication. The Board of County Commissioners removed density bonus standards in September 2019. However, as the Preliminary Plan subdivision commenced in April 2018, the applicant is eligible to

request a density bonus since the standard was in place at that time. The site is located within the Rural Residential (RR) Zone District on the east side of Highway 83 approximately ½ mile south of the intersection of Highway 83 and Highway 86.

This referral will close on Thursday, October 15, 2020."

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Diana Love

President FCC II

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