AGENDA. March 22, 2016 REGULAR MEETING OF THE DEVELOPMENT PERMITS AND APPEALS BOARD COUNCIL CHAMBERS 6:00 P.M.

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1 AGENDA March 22, 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 January 19, ) OLD BUSINESS - None 6) NEW BUSINESS A. 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). 7) OTHER MATTERS A. Scheduled public meetings there is one item scheduled for the April 5, 2016 meeting. 8) ADJOURNMENT

2 ROLL CALL: MINUTES THORNTON DEVELOPMENT PERMITS AND APPEALS BOARD January 19, 2016 Allan Inge (Chair) Donald Schieferecke (Vice-Chair) Bruce Thomas Paul Hepner Leon Reed Rick Zetterman Daniel Alonzo Anna Sparks Jessica Sandgren Present Absent Present Present Present Present Present Present Present Also attending were Mike Mallon, and Ty Robbins of the City Development Department; Gary Jacobson, Deputy City Attorney; and Koli Campanella and Victoria Nagel, Recording Secretaries. The meeting was called to order at 6:00 p.m. APPROVAL OF AGENDA: MOTION WAS MADE BY MR. HEPNER AND SECONDED BY MR. THOMAS TO APPROVE THE AGENDA. MOTION PASSED UNANIMOUSLY. APPROVAL OF MINUTES: MOTION WAS MADE BY MR. ZETTERMAN AND SECONDED BY MR. REED TO APPROVE THE DECEMBER 8, 2015 MEETING MINUTES. MOTION PASSED UNANIMOUSLY. MS. SPARKS AND MS. OHRSTROM SANDGREN ABSTAINED FROM THE VOTE BECAUSE THEY WERE ABSENT FROM THE PREVIOUS MEETING. 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/Specific Use Permit (DP/SUP) to consider approval of the site plan, landscape plan and architectural elevations for a 3,240 square-foot retail/office building with a drive-thru restaurant (located on the northwest of the intersection of East 85 th Avenue and Washington Street - Fabrizio).

3 Minutes of the Development Permits and Appeals Board Meeting January 19, 2016 Page 2 The floor was opened at 6:04 p.m. Mr. Mallon introduced Ty Robbins as the case presenter for DP 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 signage confusion. Mr. Robbins explained about an existing billboard and stated that the sign would be allowed to remain. Mr. Inge asked for further clarification of the signage issue. Mr. Robbins showed slides of the existing signage. Mr. Zetterman questioned if the billboard would remain because it was grandfathered in. Mr. Robbins confirmed the billboard was grandfathered in and would remain at the site. Mr. Hepner questioned who owned the sign. Mr. Robbins stated staff has the information on record but that it is not available currently. Mr. Inge requested pictures of the surrounding areas. Mr. Robbins said he did not have any available pictures of surrounding areas. Mr. Zetterman asked if there were pictures available of the current site. Mr. Robbins stated he did not have any available pictures of the current site. Mr. Alzono asked about access to the project. Mr. Robbins stated it was full access. Mr. Inge requested clarification about the turn lanes. Mr. Robbins said there was a shared turn lane. Mr. Hepner wanted confirmation if Traffic reviewed the plans. Mr. Robbins confirmed Traffic had reviewed the plans. Mr. Lloyd Donnelly, 8595 North Washington Street Thornton, CO 80229, confirmed he was sworn in. Mr. Donnelly asked if there were questions from the Board. Mr. Inge asked if there was anything Mr. Donnelly wanted to comment about. Mr. Donnelly stated the current building is old without electrical and looks negative in the area. Mr. Zetterman asked for confirmation of whether the existing building would be demolished. Mr. Donnelly confirmed it would be demolished.

4 Minutes of the Development Permits and Appeals Board Meeting January 19, 2016 Page 3 Ms. Sparks asked about the mound of dirt in the southeast corner of the building. Mr. Donnelly said there was a drop off from Washington to the corner of the lot, a sidewalk and retaining wall would be put in. It s not part of the property but it will be improved. Ms. Sparks asked for further clarification of page 15. Mr. Donnelly said it was raised landscaping that is two feet high. The floor closed to further testimony at 6:23 p.m. MOTION WAS MADE BY MS. SPARKS AND SECONDED BY MR. THOMAS TO APPROVE. DISCUSSION: Ms. Sparks stated that the application has made sufficient proof of meeting the SUP. Mr. Thomas stated it meets all City Codes and would be a good project. Mr. Zetterman stated this project is in an area that has wanted redevelopment for a long time. It is an area that needs some help and this looks like a good project to help out the area. MOTION PASSED 8-0. OTHER MATTERS: No scheduled items THE MEETING WAS ADJOURNED AT 6:29 p.m. DEVELOPMENT PERMITS AND APPEALS BOARD OF THE CITY OF THORNTON, COLORADO ATTEST: Allan H. Inge, Chairperson 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 April 30, 2015, submitted by Daniel Skeehan, with Kimley-Horn and Associates, Inc., on behalf of Broadstone Avena Investors, Inc., 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. 1

6 Affidavit of Posting and posting log. 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\opening remarks broadstone avena investors, llc-development permit.doc 3

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