AGENDA. April 5, 2016 REGULAR MEETING OF THE DEVELOPMENT PERMITS AND APPEALS BOARD COUNCIL CHAMBERS 6:00 P.M.

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1 AGENDA April 5, 2016 REGULAR MEETING OF THE DEVELOPMENT PERMITS AND APPEALS BOARD COUNCIL CHAMBERS 6:00 P.M. 1) CALL TO ORDER 2) ROLL CALL 3) APPROVAL OF AGENDA 4) APPROVAL OF MINUTES March 22, ) OLD BUSINESS NONE 6) NEW BUSINESS A. DP : A Resolution for a Development Permit (DP) to consider approval of the architectural elevations, site plan, and landscape plan to develop an approximate 56,849 square-foot mini-warehouse and an approximate 2,607 squarefoot caretaker s quarters and office (Country Hills Office Campus Self Storage located on the Northeast corner of East 128 th Avenue and Colorado Boulevard). 7) OTHER MATTERS A. Election of Officers B. Scheduled public meetings there are currently no items scheduled for the April 19, 2016 meeting. 8) ADJOURNMENT

2 ROLL CALL: MINUTES THORNTON DEVELOPMENT PERMITS AND APPEALS BOARD March 22, 2016 Allan Inge (Chair) Donald Schieferecke (Vice-Chair) Bruce Thomas Paul Hepner Leon Reed Rick Zetterman Daniel Alonzo Anna Sparks Jessica Sandgren Absent Present Present Present Present Present Present Present Present Also attending were Grant Penland, and Lori Hight of the City Development Department; Sarah Geiger, Assistant City Attorney; and Vanessa Turnbull and Koli Campanella, Recording Secretaries. The meeting was called to order at 6:00 p.m. APPROVAL OF AGENDA: MOTION WAS MADE BY MR. ZETTERMAN AND SECONDED BY MR. THOMAS TO APPROVE THE AGENDA. MOTION PASSED UNANIMOUSLY. APPROVAL OF MINUTES: MOTION WAS MADE BY MR. HEPNER AND SECONDED BY MS. SPARKS TO APPROVE THE JANUARY 19, 2016 MEETING MINUTES. MR. SCHIEFERECKE ABSTAINED, AS HE WAS NOT AT THE LAST MEETING. MOTION PASSED UNANIMOUSLY. NEW BUSINESS PUBLIC HEARINGS: At this time, individuals wishing to provide testimony during the public hearings were sworn in by the Recording Secretary. DP : A Resolution for a Development Permit (DP) to consider approval of the site plan, landscape plan, photometric plans, and architectural elevations for a 3,851 square-foot convenience store, a gas fueling station, and an accessory grocery pick-up station (located on the south side of East 104 th Avenue and east of Marion Street - Broadstone at Thornton, Lot 2). The floor was opened at 6:00 p.m.

3 Minutes of the Development Permits and Appeals Board Meeting March 22, 2016 Page 2 Mr. Penland introduced Lori Hight as the case presenter for DP Ms. Hight presented a staff report, slides and entered into the record City s Exhibit A, the Affidavit of Posting and the legal notice for the case from the Thornton/Northglenn Sentinel which is City s Exhibit B. Ms. Sparks asked about the location of the existing fence. Ms. Hight explained that it was located on the south side of the lot, along the apartment property. Mr. Reed asked what a grocery pickup canopy was. Ms. Hight stated when customers order items online they are given a code and a pickup time. The customer would drive up to the business, enter their code and pull forward to the waiting area. Mr. Reed asked about the access to the property. Ms. Hight explained that on the west side of the property there is an existing right-in/right-out access and on the east side there is an existing access drive; which is where the traffic signal is located. Joshua Phair, 1580 Lincoln Street, Suite 1125, Denver, Colorado was introduced as the applicant. Mr. Phair confirmed he was previously sworn in. He went into detail about how the business will be conducted, traffic and the setup of deliveries. Mr. Hepner asked for clarification that the project would not consist of a separate large storage facility. Mr. Phair stated that it would not and that a portion of the proposed facility would be dedicated to storage. Mr. Zetterman asked if Walmart will be operating the property. Mr. Phair confirmed yes, that Walmart will be. Ms. Ohrstrom Sandgren asked in comparison to the business located in Arkansas, if it was located in a similar location with apartments and a main traffic area. Mr. Phair explained that the business was located in a main traffic area and residential was nearby, and that there were no issues with traffic. He confirmed that orders are same day pickup. Mr. Alonzo asked if the business was for members only. Mr. Phair stated no, that it was open to the public. Dan Skeehan, 4582 South Ulster, Denver, Colorado was introduced as the applicant. Mr. Skeehan confirmed he was previously sworn in. He went into detail about how they met the requirements of the City Code with landscaping, setbacks, and lighting. Mr. Reed asked about traffic with the delivery trucks. Mr. Skeehan explained that the deliveries will be manned by Walmart, which gave them the ability to schedule deliveries during low traffic times.

4 Minutes of the Development Permits and Appeals Board Meeting March 22, 2016 Page 3 Karl Kappler, Lafayette Street, Northglenn, Colorado confirmed he was sworn in. Mr. Kappler stated how there were other fueling stations and convenience stores nearby and that he didn t see a need for another one in the area. Mr. Schieferecke explained to Mr. Kappler that the project was an allowed use-by-right. The floor closed to further testimony at 6:36 p.m. MOTION WAS MADE BY MR. THOMAS AND SECONDED BY MS. SANDGREEN TO APPROVE. DISCUSSION: Ms. Ohrstrom Sandgren stated she is looking forward to seeing the project. Mr. Thomas thanked Mr. Kappler for his comments and that the development meets the City Codes. MOTION PASSED 8-0. OTHER MATTERS: Scheduled public meetings there is one item scheduled for the April 5, 2016 meeting. THE MEETING WAS ADJOURNED AT 6:39 p.m. DEVELOPMENT PERMITS AND APPEALS BOARD OF THE CITY OF THORNTON, COLORADO Allan H. Inge, Chairperson ATTEST: Recording Secretary F:\dpabmin-form.doc

5 CITY OF THORNTON DEVELOPMENT PERMITS AND APPEALS BOARD PUBLIC HEARING OPENING REMARKS 1. Announce Name of Agenda Item for Public Hearing and Include Case Number. 2. Call the Public Hearing to Order: This public hearing is hereby called to order. I, Allan Inge, am the Chairperson of the Development Permits and Appeals Board ("the Board") of the City of Thornton ("City"). I will be presiding over this hearing. 3. Opening Comments of Chairperson: This public hearing is being held pursuant to Section of the Thornton City Code ( Code ) for the purpose of receiving testimony and evidence concerning a request for issuance of a Development Permit, as noted in the Applicant s application, dated October 2, 2015, by Clarke Carlson, on behalf of Country Hills Office Campus Self Storage, as property owner. Requests for Development Permits are reviewed based upon the following factors: Compliance with architectural requirements of the Code for compatibility with the surrounding developments sites; Site plan review related to orientation of the structures, fencing, lighting, vehicle and pedestrian access, and parking locations on the development site; Landscaping type and orientation on the development site. The Board does not have the authority to review zoning classifications or uses of the property as authorized for development. The hearing procedure will be governed by applicable provisions of the Board s By-Laws and Robert's Rules of Order. Colorado Rules of Evidence will not be strictly adhered to but will be used as a guide for presentation of evidence. The Applicant has the burden of satisfying the Board that granting the application is appropriate by a preponderance of the evidence. The Applicant will have the opportunity to present testimonial evidence, documentary evidence and has the right to cross-examine any City employee or witnesses testifying in opposition to the application. Is the City prepared to proceed? Is the Applicant prepared to proceed? SWEARING IN OF ALL PERSONS PRESENT WHO WISH TO TESTIFY ON AN AGENDA ITEM 4. Call on Staff Have Current Planning Manager or designee present the case. Affidavit of Posting and posting log. 1

6 Proof of publication. After staff presentation, ask Board members if they have questions (Chairperson can ask questions just like Board members). 5. Applicant Call on Applicant to make a presentation to the Board and have staff swear in Applicant and any witnesses. After Applicant s presentation, ask Board members if they have questions (Chairperson can ask questions just like Board members). Ask City Attorney if there are any questions of the Applicant. Ask Board members if there are any further questions based on the City Attorney s questioning of the Applicant. Ask Applicant if they have any witnesses to make a presentation to the Board. After a witness testifies, ask Board members if they have questions (Chairperson can ask questions just like Board members). Ask City Attorney if there are any questions of the Applicant s witnesses. Ask Board members if there are any further questions based on the City Attorney s questioning of Applicant s witness. Each of Applicant s witnesses are to be allowed to testify in the above manner unless the Applicant s witness represents a group of persons whose testimony is similar, in which case, a representative of these persons may testify for the group. 6. Other person(s) interested in the application, remember there may be more than one person interested. Ask staff to identify any interested person who wishes to testify, then call on each interested persons to make a presentation to the Board. Ask Board members if they have questions (Chairperson can ask questions just like Board members). Ask the City Attorney if there are any questions of the interested person. Ask Board members if there are any further questions based on Applicant s or the City Attorney s questioning of the opponents. Call on any other persons who are interested in the application and follow the same procedure for questions as listed above. 2

7 Each opponent may testify in the above manner unless the interested person represents a group of persons whose testimony is similar, in which case, a representative of these persons may testify for the group. 7. Call on staff to check the sign in sheet to determine if any other persons have signed up to testify, follow same procedure. 8. Rebuttal Evidence Ask Applicant if there is any rebuttal evidence if so, same procedure as Applicant s first presentation. Ask Staff if there is any rebuttal evidence if so, same procedure as Staff s first presentation. 9. Staff Recommendation Staff recommendation as applicable should be requested by the Board. 10. After each case has evidence presented as outlined above, CLOSE the floor for further testimony. The case will then be ready for a motion, either to approve or deny and once a motion has been made and a second announced (chair needs to state who made the motion and seconded the motion) discussion on the motion should be encouraged. After discussion, call for a vote on the motion. Amendments to the motion can be made and voted on during discussion. 11. After the last public hearing, CLOSE the public hearing portion of the Agenda and move on to next Agenda item. s:\legal\cityatty\citydev gary\dpa board\country hills office campus self storage opening remarks-development permit.doc 3

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