AGENDA DECEMBER 11, 2018 REGULAR MEETING OF THE DEVELOPMENT PERMITS AND APPEALS BOARD COUNCIL CHAMBERS 6:00 P.M.

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1 AGENDA DECEMBER 11, 2018 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 November 20, ) OLD BUSINESS A. PLMDP : A Resolution for a Minor Development Permit (MDP) to consider the approval to modify the building architecture for the Summit indoor entertainment facility. (144 th & Washington Commercial, located at 580 East 144 th Avenue). 6) NEW BUSINESS A. PLDP : A Resolution for a Development Permit (DP) and Specific Use Permit to consider the approval of a drive-through coffee shop to be located at 41 West 84 th Avenue (Sportsman Warehouse L2). B. PLDP : A Resolution to consider the approval of a public safety telecommunication facility to be located at 540 East 144 th Avenue (Washington Electric Substation F1 L1 B1). 7) OTHER MATTERS - None 8) ADJOURNMENT

2 MINUTES THORNTON DEVELOPMENT PERMITS AND APPEALS BOARD NOVEMBER 20, 2018 ROLL CALL: Allan Inge Bruce Thomas Paul Hepner Leon Reed Rick Zetterman Jeffrey Tompkins Anna Sparks (Chair) Dita Darrah Prabodh Telang Present Present Absent Absent Present Present Present Absent Present Also attending were Brian Garner, Jay Ruchti, Katelyn Puga, and Sadie Naglich of the City Development Department; Jessica Whitney, Assistant City Attorney II; and Desirae Lovato, and Sarah Galindo, Recording Secretaries. The meeting was called to order at 6:02 p.m. APPROVAL OF AGENDA: MOTION WAS MADE BY MR. THOMAS AND SECONDED BY MR. TOMPKINS TO APPROVE THE AGENDA. MOTION PASSED UNANIMOUSLY. APPROVAL OF MINUTES: MOTION WAS MADE BY MR. ZETTERMAN AND SECONDED BY MR. INGE TO APPROVE THE OCTOBER 16, 2018 MEETING MINUTES. MR. TOMPKINS ABSTAINED FROM VOTING AS HE WAS NOT PRESENT AT THE PREVIOUS MEETING. MOTION PASSED UNANIMOULSY. NEW BUSINESS PUBLIC HEARINGS: At this time, individuals wishing to provide testimony during the public hearings were sworn in by the Recording Secretary. PLDP : A Resolution for a Development Permit (DP) to consider the approval of the site plan, landscape plan, and architectural elevations for a 283-unit Multifamily Development. The floor was opened at 6:04 p.m.

3 Minutes of the Development Permits and Appeals Board Meeting November 20, 2018 Page 2 Mr. Garner introduced Mr. Ruchti as the case presenter for Rolling Hills F3 Village at Thorncreek Apartments. Mr. Ruchti presented a staff report, slides and entered into the record City s Exhibit A, the Affidavit of Posting and City s Exhibit B, the Affidavit of Postings Legal Notice of Public Hearing published on the City s official website and at City Hall, the Margaret W. Carpenter Recreation Center, and the Thornton Active Adult Center, and City s Exhibit C, letters of support and opposition for the project. Troy Meyers with Village Capital Corporation rd Avenue, SW Carmel, Indiana was introduced as the applicant, he confirmed that he had been sworn. Mr. Meyers presented additional information regarding the project. Michael McGoldrick, 1601 Blake Street, Unit 200, Denver, CO was introduced as an applicant, he confirmed that he had been sworn. Mr. McGoldrick presented additional information regarding the project. There was additional discussion among the Board members. Hugh Denning, 903 East 130 th Drive, confirmed he had been sworn. Mr. Denning expressed concerns he had regarding the project. Roy Wilson, Race Street, confirmed he had been sworn. Mr. Wilson expressed concerns he had regarding the project. Mr. Inge addressed both Mr. Wilson and Mr. Denning s concerns, stating that traffic is not in the purview of this board and that it is a matter for Council. Michael McGoldrick with Village Capital Corporation 1601 Blake Street # 200, Denver, CO was introduced, as an applicant, he confirmed that he had been sworn. Mr. McGoldrick responded to concerns made by the Mr. Denning and Mr. Wilson. There was additional discussion among the Board, Mr. Ruchti, and Ms. Whitney regarding mailing notifications. The floor closed to further testimony at 6:51 pm. MOTION WAS MADE BY MR. INGE AND SECONDED BY MR. ZETTERMAN TO APPROVE. MOTION PASSED 6-0. At this time, individuals wishing to provide testimony during the public hearings were sworn in by the Recording Secretary.

4 Minutes of the Development Permits and Appeals Board Meeting November 20, 2018 Page 3 PLDP : A Resolution for a DP to consider the approval of a site plan and architectural elevations for a 360 square-foot second story addition above the existing one-story single-family residential property. (Woodglen F4 B5 L12, located at Cook Street). The floor was opened at 6:55 p.m. Mr. Garner introduced Ms. Naglich as the case presenter for Woodglen F4 B5 L12. Ms. Naglich presented a staff report, slides and entered into the record City s Exhibit A, the Affidavit of Posting and City s Exhibit B, the Affidavit of Postings Legal Notice of Public Hearing published on the City s official website and at City Hall, the Margaret W. Carpenter Recreation Center, and the Thornton Active Adult Center. David Enlow, Cook Street, was introduced as the applicant, he confirmed that he had been sworn. Mr. Enlow presented additional information regarding the project. The floor closed to further testimony at 7:07 pm. MOTION WAS MADE BY MR. THOMAS AND SECONDED BY MR. TOMPKINS TO APPROVE. MOTION PASSED 6-0. PLDP : A Resolution for a Development Permit/ Specific Use Permit (DP/SUP) to consider the approval of the site plan, landscape plans, and architectural elevations for a standalone, drive through Automatic Teller Machine (ATM). (Thornton Town Center A3 L3 Thornton Town Center on the existing Walmart property at 9901 Grant Street). The floor was opened at 7:10 p.m. Mr. Garner introduced Ms. Puga as the case presenter for Thornton Town Center A3 L3. Ms. Puga presented a staff report, slides and entered into the record City s Exhibit A, the Affidavit of Posting and City s Exhibit B, the Affidavit of Postings Legal Notice of Public Hearing published on the City s official website and at City Hall, the Margaret W. Carpenter Recreation Center, and the Thornton Active Adult Center. Michael Villareal with Flite Banking Centers, LLC, 8902 Echo Valley Drive, Houston, Texas 77055, was introduced as the applicant, he confirmed that he/she had been sworn. Mr. Villareal presented additional information regarding the project. The floor closed to further testimony at 7:30 pm.

5 Minutes of the Development Permits and Appeals Board Meeting November 20, 2018 Page 4 MOTION WAS MADE BY MR. INGE AND SECONDED BY MR. THOMAS TO APPROVE. MOTION PASSED 6-0. PLDP : A Resolution for a DP/SUP to consider the approval of a childcare use at an existing single-family detached dwelling unit currently used as a caretakers facility. (Church of God, located at 9191 Poze Boulevard). The floor was opened at 7:32 p.m. Mr. Garner introduced Ms. Naglich as the case presenter for Church of God. Ms. Naglich presented a staff report, slides and entered into the record City s Exhibit A, the Affidavit of Posting and City s Exhibit B, the Affidavit of Postings Legal Notice of Public Hearing published on the City s official website and at City Hall, the Margaret W. Carpenter Recreation Center, and the Thornton Active Adult Center. City s Exhibit C, a correction to the Public Notice, which had a typographical error. Michael Grillo, 7420 Cherry Court, Arvada, CO 80007, was introduced as the applicant, he confirmed that he had been sworn. Mr. Grillo presented additional information regarding the project. The floor closed to further testimony at 7:47 pm. The floor was re-opened at 7:48 pm for further discussion from the Board members regarding the case. The floor was closed to further testimony at 7:49 pm. MOTION WAS MADE BY MR. TOMPKINS AND SECONDED BY MR. THOMAS TO APPROVE. MOTION PASSED 6-0. PLMDP : A Resolution for a Minor Development Permit (MDP) to consider the approval to modify the building architecture for the Summit indoor entertainment facility. (144 th & Washington Commercial, located at 580 East 144 th Avenue). The floor was opened at 7:51 p.m. Mr. Garner introduced Ms. Puga as the case presenter for 144 th & Washington Commercial. Ms. Puga presented a staff report, slides and entered into the record City s Exhibit A, the Affidavit of Posting and City s Exhibit B, the Affidavit of Postings

6 Minutes of the Development Permits and Appeals Board Meeting November 20, 2018 Page 5 Legal Notice of Public Hearing published on the City s official website and at City Hall, the Margaret W. Carpenter Recreation Center, and the Thornton Active Adult Center. Dallas Griffin with Da Vinci Sign Systems, 4496 Bents Drive, Windsor, CO, was introduced as the applicant, he confirmed that he had been sworn. Mr. Griffin presented additional information regarding the project. Nicole Vatrano with Da Vinci Sign Systems, 4496 Bents Drive, Windsor, CO, confirmed that she had been sworn. Ms. Vatrano responded to questions from the Board. Jeremy Marnthalar, with The Summit, 580 East 144 th Avenue was introduced as the owner, he confirmed that he had been sworn. Mr. Marnthalar presented additional information regarding the project. The Board asked questions of the applicants. The floor closed to further testimony at 8:22 pm. MOTION WAS MADE BY MR. INGE AND SECONDED BY MR ZETTERMAN TO DENY. MOTION TO DENY FAILED 2-4. MOTION WAS MADE BY MR. INGE TO CONTINUE THE CASE TO THE NEXT HEARING AND SECONDED BY MR. ZETTERMAN TO ALLOW THE APPLICANT TO PROVIDE FURTHER CONDITIONS. MOTION TO CONTINUE PASSED UNANIMOUSLY 5-0. OTHER MATTERS: Scheduled public meetings there is currently a meeting scheduled for December 11, The 2019 Development Permits and Appeals Board Schedule was approved with one modification to the month of November. The Board requested that a study session be scheduled.

7 Minutes of the Development Permits and Appeals Board Meeting November 20, 2018 Page 6 THE MEETING WAS ADJOURNED AT 8:59 p.m. DEVELOPMENT PERMITS AND APPEALS BOARD OF THE CITY OF THORNTON, COLORADO Anna Sparks, Chairperson ATTEST: Recording Secretary F:\dpabmin-form.doc

8 CITY OF THORNTON DEVELOPMENT PERMITS AND APPEALS BOARD PUBLIC HEARING OPENING REMARKS 1. I would like to present Application Number PLMDP for a Minor Development Permit for property located at 580 East 144 th Avenue, requested by the Applicant DaVinci Sign Systems, Inc. on behalf of the owner Summit Entertainment of Thornton, LLC. 2. Call the Public Hearing to Order: This public hearing is hereby called to order. I, Anna Sparks, 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 continued public hearing is being held pursuant to Section and Section of the Thornton City Code ("Code") for the purpose of receiving testimony and evidence concerning a request for issuance of a Minor Development Permit, as noted in the Applicant's application, dated April 16, 2018, by DaVinci Sign Systems, Inc. on behalf of the owner Summit Entertainment of Thornton, LLC. Appeals from decisions of the Board to City Council can be made pursuant to Section 18-34(f) of the Thornton City Code by filing a written request with the Director within ten days following the action of the Board. The Board must use the following criteria in its evaluation of a requested development permit: The proposed development is consistent with any approved conceptual site plan for the property; and The proposed development meets the requirements of this chapter and other applicable development regulations, standards, requirements, or plans adopted by the council. 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 1

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