February 13, City of Thornton City Development Department Attn: Brian Garner, Principal Planner 9500 Civic Center Drive Thornton, CO 80229

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1 February 13, 2018 City of Thornton City Development Department Attn: Brian Garner, Principal Planner 9500 Civic Center Drive Thornton, CO Re: Cover Letter to Topgolf Conceptual Site Plan, Development Permit, and Specific Use Permit Submission Mr. Garner: We represent Topgolf USA Thornton, LLC ( Topgolf ) with respect to its enclosed applications for a Development Permit and Specific Use Permit, and its application for a Conceptual Site Plan, which was previously submitted by Seller (defined below) (collectively the Applications and referred to individually as an Application ). This letter is provided to supplement the Application and provide the City with additional information that may aid the City in reviewing and approving the Application. BACKGROUND Topgolf is the contract purchaser from Thornton 164, LLC ( Seller ) of acres of vacant land located on the northeast corner of the interchange at East 160 th Avenue and I-25 in Thornton, Colorado (the City ), as more particularly described on the attached Exhibit A (the Property ). The Property is part of the part of the Larkridge master planned development (the Larkridge Development ) and, specifically, the second phase of the Larkridge Development known as Larkridge South. Topgolf intends to develop the Property as an approximately 65,000 square foot, three-story Topgolf-branded indoor/outdoor golf range with 102 hitting bays, outdoor outfield enclosed by netting, full-service restaurant, bar, lounges, and entertainment areas (the Project ), as depicted on the design, elevations, and floor plans included in the attached Exhibit B (the Project Design Plans ). The Project will also feature two highdefinition screens at the back of the golf fairway (the HD Spectacular Screens ) which will be used to broadcast lives sports content and other content, as more particularly described and depicted in the attached Exhibit C. Although the Project s design will be similar to other Topgolf developments, Topgolf has worked with the City to alter its standard development prototype to ensure that the Project complies with applicable requirements in the City of Thornton Development Code (the Code ) and the Larkridge Design Guidelines: Architectural, Signage, Landscape (the Design Guidelines ). The Project is part of a larger commercial development for which Seller is also seeking approvals from the City, including approval of the Conceptual Site Plan Application. 1

2 The Property is the second site in the City that Topgolf has selected for the Project. Topgolf submitted applications for a Conceptual Site Plan and Development Permit, and submitted associated construction drawings (collectively, the First Site Application ), in connection with development of the Project on the first site. Topgolf and the City worked together through several rounds of submittals on the First Site Application, which was ultimately approved by the City. The current Applications are very similar to the First Site Application, though Topgolf has made several important alterations to the project design submitted in connection with the First Site Application, as explained below. I. Conceptual Site Plan ANALYSIS The purpose of the Conceptual Site Plan review is to ensure compliance with zoning and other development regulations, performance criteria and standards adopted by the council, and the achievement of quality development. Code, 18-43(a)(1) to (3). City staff may consider the following criteria in evaluating the conceptual site plan: 1. The proposed project is consistent with the Comprehensive Plan and all requirements of [the Code]. 2. The proposed project is consistent with the current zoning on the property or conditioned on the approval of an existing application for a zoning district amendment. 3. The conceptual site plan is in compliance with all applicable use, development and design standards set forth in this Code. 4. Adequate facilities and services exist or are planned by the project to serve the development at the time of construction. 5. Compatibility with the surrounding area is demonstrated by proposed improvements, including screening and buffering that has been provided to minimize impacts to adjacent uses. 6. Other credible evidence presented at the public hearing. Code, 18-43(g). As set forth below, the Conceptual Site Plan Application satisfies each of the above criteria for approval. 1. The proposed project is consistent with the Comprehensive Plan and all requirements of the Code. The Project is consistent with the planned uses set forth in the Comprehensive Plan. The Comprehensive Plan designates the Property as Regional Commercial on the Future Land Use Map. The Regional Commercial designation allows for (among other uses) Lifestyle Center retail uses, which offer an attractive destination-oriented pedestrian environment, with large 2

3 retailers supported by restaurants and amenities. As part of the larger Larkridge Development, which is a Lifestyle Center, the Project will offer a popular entertainment destination with a restaurant and bar that will compliment, and be easily accessible to, the existing and future retail, restaurant, residential and service uses. The Project also furthers additional specific goals and policies of the Comprehensive Plan. The Project will expand the Larkridge Development and be a popular destination, attracting patrons from around the region. Considering this, the Project furthers the Comprehensive Plan s goal of providing plentiful quality jobs by preserving and enhancing the City s tax base, and the policy of promoting the development and maintenance of a viable commercial center. Comprehensive Plan, 6.4; Comprehensive Plan, Policy Further, the Larkridge Development and the Project are consistent with the Comprehensive Plan s strategy to create engaging places by offering focused and unified development and design patterns that will spur economic development around the central theme of the Larkridge Development. Comprehensive Plan, Major Strategy Finally, the Project will adhere to the high-quality development and design standards of other similar Topgolf-branded projects, which is consistent with the Comprehensive Plan s intent to incorporate superior architectural building treatments throughout Lifestyle Center retail uses in Regional Commercial districts. Comprehensive Plan, 3.9. Therefore, the Project is consistent with the Comprehensive Plan. The Project complies with the use, development, and design requirements in the Code and the Larkridge Design Guidelines as explained in Sections I.2 and I.3 below. 2. The proposed project is consistent with the current zoning on the property or conditioned on the approval of an existing application for a zoning district amendment. The Property is currently zoned Regional Commercial, which provides for the retail and office needs of people from a regional market, including people outside the city, and provides for those commercial uses that support the employment base of the city. Code, 18-92(a). Regional Commercial zoning allows for commercial amusement outside uses by right. Code, The Code defines this use as a facility offering entertainment or games of skill to the general public for a fee where any portion of the activity takes place outside. Code, The Project fits neatly within this allowed use it is a facility that offers golf-based entertainment by means of the hitting bays and the outdoor outfield. Regional Commercial zoning also allows for golf safety net as a use by Specific Use Permit, which Topgolf is seeking concurrently with its Development Permit, as explained in Sections II and III below. Therefore, the Project is consistent with the current zoning for the Property. 3. The conceptual site plan is in compliance with all applicable use, development and design standards set forth in the Code and the Design Guidelines. The Application complies with all applicable use, development, and design standards set forth in the Code and the Design Guidelines, as described in this section and in Section I.2 above and Section I.5 below. Over the last few months, Topgolf has worked with the City to modify the standard architectural, lighting, and landscaping features used in the prototypical Topgolf- 3

4 branded facilities to comply with City requirements and the Design Guidelines. Those specific modifications are described in more detail immediately below. Topgolf has worked with the City to implement the following changes to the building materials for the Project to ensure compliance with requirements in the Design Guidelines: (1) add tile wainscot to the front elevation to ensure that EIFS is not used below 6-0 above grade (Design Guidelines, h); (2) reduce metal paneling on the building s elevation to ensure that such paneling does not exceed the required 5% maximum (Design Guidelines, f); and (3) include 25% of the primary building entrance element as cultured stone (Design Guidelines, g). Consequently, as depicted in the attached Project Design Plans, the Project will feature a variety of building materials and glazing, all of which are Approved Materials under the Design Guidelines, to provide visual and textual interest. Design Guidelines, 2.1.1(a)-(c); 2.1(e). The Project also integrates visually-stimulating architectural features in its façade, such as windows, changes in elevations, and variations in building materials. Design Guidelines, 2.3.3(a). Further, Topgolf has agreed to include Root Top Unit (RTU) Screening, per the Design Guidelines requirement that rooftop equipment, such as HVAC units, must be concealed from public view, the interior of the site, and/or from a distance of 200 feet. Design Guidelines, Section As the Photometric Analysis in the attached Exhibit D indicates, the Project s lighting features comply with applicable City requirements and the Design Guidelines, and result in little to no light spill on surrounding properties and roadways. For example, Topgolf has worked with the City to integrate parking lot pole lights that conform to the standards and specifications in Section of the Design Guidelines. Further, as depicted in Exhibit C, the HD Spectacular Screens will be designed to only provide programming to patrons of the Project, and Topgolf is engaged in ongoing discussions with the City regarding buffering the HD Spectacular Screens to mitigate visibility from surrounding roadways. Topgolf has also changed the locations of trees and light poles to comply with, and respect, Xcel s easement across the Property, which imposed substantial constraints on the site layout. As depicted on the Conceptual Site Plan s Landscape Plan, the landscaping for the Project complies with the Code and Design Guidelines. The Project s parking lot incorporates landscaped islands between parking spaces and at the end of each parking aisle. The development area adjacent to the intersection of E. 160 th and I-25, and the entrance to the Project, are also enhanced by landscaping, as are all of the Project s the setbacks. The various landscaping features result in a cohesive and attractive project. As illustrated on the Conceptual Site Plan, the Project Design Plans in the attached Exhibit B, and the depictions of the golf safety nets and pole elevations in the attached Exhibit E, the Project complies with all setback requirements, height restrictions, lot coverage maximums, and floor area ratio maximums. The height of the golf safety nets starts at 90 on the southernmost poles and gradually rises to 170 on the northernmost poles. Topgolf has determined through careful study with its partner Callaway Golf Company that these heights are necessary to prevent nearly all golf balls from straying out of the facility. Because these heights exceed the 60 maximum allowed by the Code, Topgolf is requesting an adjusted maximum height in its Development Permit and Special Use Permit, pursuant to Section (d) of the Code. Once approved, the higher heights approved in the Development Permit and Special Use Permit will control over the height limitations in the Code. Code, (d). 4

5 Therefore, the Application complies with all use, development, and design standards set forth in the Code. 4. Adequate facilities and services exist or are planned by the project to serve the development at the time of construction. The Project includes development of adequate facilities and services to serve the Project, some of which may be constructed by Seller to serve the larger Larkridge Development, such as construction of Grant Street. Seller has commissioned traffic studies, drainage reports, and utility reports (collectively, the Seller Site Studies ) which ensure that the facilities for properties described in the Conceptual Site Plan (including the Project) comply with City requirements. Topgolf s Development Permit Application will also include compliance letters commissioned by Seller evidencing the Project s compliance with the Seller Site Studies. 5. Compatibility with the surrounding area is demonstrated by proposed improvements, including screening and buffering that has been provided to minimize impacts to adjacent uses. As it does with all of its facilities, Topgolf is going to great lengths to ensure compatibility with the surrounding area, including by working in tandem with the Seller to ensure that the Project is compatible with the development of Larkridge South and the intended users of the adjacent properties. All surrounding properties are zoned either Regional Commercial or Business Park. The purpose of the Business Park district is to provide for mixed-use developments which include outdoor entertainment and commercial recreation, which is consistent with the Project, and the uses permitted in the Business Park district are substantially similar to the uses permitted in the Regional Commercial district. Code, 18-93(a) and Topgolf is incorporating technology and improvements already in use at other facilities that mitigate sound migration, light spillage, view obstruction, and lost golf balls to improve the compatibility of the Project with surrounding areas. As indicated in the Photometric Analysis attached as Exhibit C, Topgolf s lighting package has been developed so all outfield lighting is angled down from the roof deck (rather than the net poles) and the fixtures incorporate louvers to eliminate lateral light pollution, tinted bulbs to cut down on glare, and dimmable ballasts to limit the intensity of the wattage. All exterior lights are automatically dimmed as natural light fades. The result is a 0 horizontal footcandle reading at the lot line. Sound will be retained within the facility to meet Thornton non-residential lighting code (capped at 60 dbas from 7AM to 7PM and 55dBAs from 7PM to 7AM as measured at the Topgolf property boundary) via a handful of mitigation strategies, including the use of a limiter to cap all amplified noise within the facility by placing on one centralized control within the facility. As explained above, the golf safety nets are sized at specific heights (via a proprietary golf ball trajectory analysis completed by Calloway) to prevent nearly all golf balls from leaving the facility. Consequently, the Project will not interfere with surrounding roadways and traffic, including I-25. Finally, the Project only minimally interferes with surrounding views. To mitigate any view obstruction, Topgolf uses grey net poles which blend in the with sky during various types of weather and black netting that is 95% transparent and is the least visible color of netting from a distance. 5

6 Therefore, the Project is compatible with surrounding areas. 6. Other credible evidence presented at the public hearing. Code, 18-43(g). The Applications are being processed administratively without public hearings. Therefore, this criteria is inapplicable. II. Development Permit The purpose of Development Permit review is to ensure compliance with zoning and other development regulations, such as criteria and standards adopted by City Council, and the achievement of quality development. Code, 18-48(a). Applications for Development Permits must demonstrate that the proposed development is consistent with an approved Conceptual Site Plan for the property and meets [Code] requirements and other applicable development regulations. Code, 18-50(a)(5). The Development Permit Application is being submitted concurrently with the Conceptual Site Plan Application, the requested Development Permit is consistent with the Conceptual Site Plan, and the Conceptual Site Plan complies with all applicable City requirements as explained above. Further, the Project s proposed uses are consistent with City requirements and the Regional Commercial district, and the Project meets all requirements for a Special Use Permit. Therefore, the Development Permit requested in the Application meets all criteria for approval in the Code, and will comply with the Code and Design Guidelines for the same reasons as described above for the Conceptual Site Plan. III. Specific Use Permit The Special Use Permit provides a means for developing certain uses in a manner in which the specific use will be compatible with adjacent property and consistent with the character of the neighborhood. Code, 18-52(a)(1). If the Code requires a Special Use Permit for a specified use, the applicant must apply for a Special Use Permit as part of the Development Permit review process. Code, 18-52(a)(3). Each application for a Special Use Permit is evaluated as to its probable effect on the adjacent property and the community welfare. Code, 18-52(a)(3). Specifically, a Special Use Permit shall be granted upon a finding that the use: 1. Complements or is compatible with the surrounding uses and community facilities; 2. Contributes to, enhances, or promotes the welfare of the area of request and adjacent properties; 3. Will not be detrimental to the public health, safety, or general welfare; 4. Conforms in all other respects to all applicable zoning regulations and standards; and 5. Is in conformance with the Comprehensive Plan. Code, 18-52(a)(4). 6

7 Topgolf s nets surrounding the outfield qualify as Golf Safety Nets that requires a Special Use Permit in the Regional Commercial district. Code, As set forth below, the Special Use Permit Application and the proposed golf safety nets satisfy each of the above criteria for approval. 1. The golf safety net complements or is compatible with the surrounding uses and community facilities. As discussed in Section I above, the Project s uses and specific features are compatible with surrounding uses within the Larkridge Development, and with surrounding roadways, including I-25. A crucial component of ensuring that the Project complements, and is compatible with, these surrounding uses is constructing the golf safety net, which will keep golf balls from straying into surrounding properties and roadways. Therefore, the golf safety net complements, and is compatible with, surrounding uses. 2. The golf safety net contributes to, enhances, or promotes the welfare of the area of request and adjacent properties. The golf safety net contributes to, enhances, and promotes the welfare of the area and adjacent properties for the same reasons discussed above in Section III.1. Specifically, the golf safety net will ensure that golf balls do not cause injury or damage to surrounding personal and real property, or individuals. 3. The golf safety net will not be detrimental to the public health, safety, or general welfare. As discussed above in Sections III.1 and III.2, the golf safety net is specifically intended to promote public health and safety, rather than detract from it. Further, as discussed above in Section I.5, the Project and golf safety net only minimally interferes with surrounding views, the net poles will blend with the sky, and the netting is the least visible color of netting from a distance. Finally, as discussed below in Section III.4, Topgolf fully intends to ensure that the golf safety net is constructed and maintained in accordance with all applicable requirements and regulations so as to ensure that it functions properly and continues to do so in the future. 4. The golf safety net conforms in all other aspects to all applicable zoning regulations and standards. The golf safety net conforms to all applicable standards and requirements for golf safety nets in Section of the Code. The rear yard of the Project is a golf driving range. Code, (a). The netting is constructed in accordance with the manufacturer s recommendations and is of a quality designed for the purpose of obstructing golf balls and to withstand the area s climate conditions. Code, (h). The support posts are constructed of rust-resistant metal and Topgolf fully intends to maintain and repair the golf safety net in conformance with all applicable City requirements. Code, (h) and (i). 7

8 As discussed above in Section 1.3, the heights of the golf safety net's poles exceed the 60 foot maximum allowed by the Code. Code, ( c ). However, in the event that the standards established in an approved Development Permit and Special Use Permit are different than the standards for golf safety nets in Section of the Code, the standards in such approved permits shall control. Code, (d). Consequently, Topgolf has requested an adjusted maximum height in its Development Permit and Special Use Permit to allow for the golf safety nets. As discussed above in Section 1.3, Topgolf has determined through careful study with its partner Callaway Golf Company that these heights are necessary to prevent nearly all golf balls from straying out of the facility. Therefore, adjusting the maximum height in the Development Permit and Special U se Permit is necessary to ensure that the golf safety net works as intended and protects surrounding real and personal property, and individuals, from being hit by golf balls. 5. The golf safety net is in conformance with the Comprehensive Plan. As discussed above in Section 1.1, the Project, which includes the golf safety net, is in conformance with the Comprehensive Plan. Further, the golf safety net ensures that the Project is compatible with surrounding uses and the Larkridge Development which is essential to promoting mixed-use development. Promoting quality mixed-use development and compatibility among uses is a prevalent theme throughout the Comprehensive Plan's goals and strategies. Therefore, the golf safety net is in conformance with the Comprehensive Plan. CONCLUSION As discussed in this letter, the Application satisfies all of the requirements for approval of a Conceptual Site Plan, Development Permit, and Special Use Permit. Therefore, we respectfully request approval of the Application. Sincerely, Brownstein Hy Charles J. Smith, Esq. Attorney 8

9 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY A PARCEL OF LAND LOCATED IN TRACT D-1, LARKRIDGE SUBDIVISION FILING NO. 2 FIRST AMENDMENT, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 1 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 14, 2017 AT RECEPTION NO , COUNTY OF ADAMS, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 3 AND CONSIDERING THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 3 TO BEAR SOUTH 89 52'45" EAST, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE NORTH 63 50'01" EAST, A DISTANCE OF FEET TO THE SOUTHWEST CORNER OF SAID TRACT D-1 AND THE POINT OF BEGINNING; THENCE ALONG THE WESTERLY LINE OF SAID TRACT D-1 FOR THE FOLLOWING TWO (2) COURSES: 1) NORTH 02 47'34" EAST, A DISTANCE OF FEET TO A NON-TANGENT CURVE; 2) ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 05 23'11", A RADIUS OF FEET, AN ARC LENGTH OF FEET, THE CHORD OF WHICH BEARS NORTH 18 30'51" EAST, A DISTANCE OF FEET TO A NON-TANGENT LINE; THENCE SOUTH 89 52'45" EAST, A DISTANCE OF FEET; THENCE SOUTH 06 45'57" EAST, A DISTANCE OF FEET; THENCE SOUTH 00 07'15" WEST, A DISTANCE OF FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 25 21'01", A RADIUS OF FEET, AN ARC LENGTH OF FEET, THE CHORD OF WHICH BEARS SOUTH 12 33'16" EAST, A DISTANCE OF FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 57 07'02", A RADIUS OF FEET, AN ARC LENGTH OF FEET, THE CHORD OF WHICH BEARS SOUTH 03 19'45" WEST, A DISTANCE OF FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 51 53'04", A RADIUS OF FEET, AN ARC LENGTH OF A-1

10 FEET, THE CHORD OF WHICH BEARS SOUTH 05 56'44" WEST, A DISTANCE OF FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 62 04'28", A RADIUS OF FEET, AN ARC LENGTH OF FEET, THE CHORD OF WHICH BEARS SOUTH 11 02'26" WEST, A DISTANCE OF FEET TO A POINT OF TANGENCY; THENCE SOUTH 42 04'40" WEST, A DISTANCE OF 3.30 FEET; THENCE SOUTH 47 55'20" EAST, A DISTANCE OF FEET TO A NON-TANGENT CURVE; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 63 01'52", A RADIUS OF FEET, AN ARC LENGTH OF FEET, THE CHORD OF WHICH BEARS NORTH 73 35'36" EAST, A DISTANCE OF FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 13 57'23", A RADIUS OF FEET, AN ARC LENGTH OF FEET, THE CHORD OF WHICH BEARS SOUTH 81 52'10" EAST, A DISTANCE OF FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 61 55'39", A RADIUS OF FEET, AN ARC LENGTH OF FEET, THE CHORD OF WHICH BEARS SOUTH 57 53'02" EAST, A DISTANCE OF FEET TO A POINT OF TANGENCY; THENCE SOUTH 26 55'12" EAST, A DISTANCE OF FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 27 02'27", A RADIUS OF FEET, AN ARC LENGTH OF FEET, THE CHORD OF WHICH BEARS SOUTH 13 23'59" EAST, A DISTANCE OF FEET TO A POINT OF TANGENCY; THENCE SOUTH 00 07'15" WEST, A DISTANCE OF FEET TO THE SOUTHERLY LINE OF SAID TRACT D-1; THENCE ALONG SAID SOUTHERLY LINE FOR THE FOLLOWING TWO (2) COURSES: 1) NORTH 89 52'45" WEST, A DISTANCE OF FEET; 2) NORTH 82 46'10" WEST, A DISTANCE OF FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 551,844 SQUARE FEET OR ACRES, MORE OR LESS. A-2

11 EXHIBIT B PROJECT DESIGN PLANS [see attached] B-1

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15 EXHIBIT C HD SPECTACULAR SCREENS DESIGN PLANS & DESCRIPTION [see attached] C-1

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22 EXHIBIT D PHOTOMETRIC ANALYSIS [see attached] D-1

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25 EXHIBIT E GOLF SAFETY NET & POLE ELEVATIONS [see attached] E-1

26 E-2