AGENDA June 21, 2016 REGULAR MEETING OF

AGENDA
June 21, 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 – April 5, 2016
5)
OLD BUSINESS – NONE
6)
NEW BUSINESS
A. DP 2015-026: A Resolution for a Development Permit (DP) to consider approval
of the site plan, landscape plan and architectural elevations to develop an
approximately 42,000 square-foot grocery store with an accessory motor vehicle
fueling station on approximately 6.048 acres.
(Thornton Valley Wal-Mart
Neighborhood Market – located south of Thornton Parkway between Welby Road
and Colorado Boulevard).
B. DP 2016-002: A Resolution for a Development Permit (DP) to consider approval
of the architectural elevations, site plan, and landscape plan to develop an
approximate 10,000 square-foot daycare. (Skylake Ranch - The Learning
Experience – located on the northwest corner of East 119th Avenue and Holly
Street).
C. DP 2016-003: A Resolution for a Development Permit/Specific Use Permit
(DP/SUP) to consider approval of the architectural elevations, site plan and
landscape plan to develop an 8,570 square-foot assisted living building and an
8,761 square-foot memory care building. (Eastlake Assisted Living - located on the
north side of East 120th Avenue, approximately 500 feet west of Madison Street,
at 3301 East 120th Avenue).
7)
OTHER MATTERS
A. Election of Officers
B. Scheduled public meetings – there is one item scheduled for the July 5, 2016
meeting.
8)
ADJOURNMENT
MINUTES
THORNTON DEVELOPMENT PERMITS AND APPEALS BOARD
April 5, 2016
ROLL CALL:
Allan Inge (Chair)
Donald Schieferecke (Vice-Chair)
Bruce Thomas
Paul Hepner
Leon Reed
Rick Zetterman
Daniel Alonzo
Anna Sparks
Jessica Ohrstrom Sandgren
Present
Absent
Present
Present
Present
Present
Present
Present
Present
Also attending were Grant Penland, and Lori Hight of the City Development Department;
Gary Jacobson, Deputy City Attorney; and Vanessa Turnbull and Victoria Nagel,
Recording Secretaries.
The meeting was called to order at 6:00 p.m.
APPROVAL OF AGENDA:
MOTION WAS MADE BY MR. REED AND SECONDED BY MR. HEPNER TO
APPROVE THE AGENDA. MOTION PASSED UNANIMOUSLY.
APPROVAL OF MINUTES:
MOTION WAS MADE BY MS. OHRSTROM SANDGREN AND SECONDED BY MR.
HEPNER TO APPROVE THE AMENDED MARCH 22, 2016 MEETING MINUTES. MR.
INGE ABSTAINED, AS HE WAS NOT AT THE LAST MEETING. MOTION PASSED
UNANIMOUSLY.
NEW BUSINESS – PUBLIC HEARINGS:
Mr. Reed explained that he lives within 1,500 feet of the subject property and that he
has no financial interest to the project. Mr. Jacobson asked Mr. Reed if he would be
impartial to making a decision by the facts. Mr. Reed stated yes.
At this time, individuals wishing to provide testimony during the public hearings were
sworn in by the Recording Secretary.
Minutes of the Development Permits and Appeals Board Meeting
April 5, 2016
Page 2
DP 2015-018: 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 square-foot caretaker’s quarters
and office (Country Hills Office Campus Self Storage – located on the Northeast corner
of East 128th Avenue and Colorado Boulevard).
The floor was opened at 6:05 p.m.
Mr. Penland introduced Lori Hight as the case presenter for DP 2015-018. 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.
Mr. Thomas asked if there was a fence located on the east side of the property. Ms.
Hight stated no.
Mr. Inge asked if there was 25-foot landscape buffer on both the north and east side.
Mr. Hight stated yes.
Barry Sherman, 1200 East 130th Avenue, Thornton, Colorado was introduced as the
applicant. He confirmed that he was previously sworn.
Mr. Jacobson asked Mr. Sherman if he had any objections to Mr. Reed’s statement
regarding that he lived within 1,500 feet of the project and was impartial to making any
decisions. Mr. Sherman stated that he had no objections.
Mr. Sherman presented information regarding the landscaping, architecture, and access
points.
Mr. Reed asked if the landscape material located on the east elevation would be ground
cover or have height to it. Mr. Sherman explained that it will have a combination of
ground cover and vertical landscaping.
Beverly Yantorno, 4202 East 130th Drive, Thornton, Colorado stated that she was
sworn. Ms. Yantorno responded to Mr. Jacobson that she had no objections to Mr.
Reed living within 1,500 feet of the project. She asked what the hours of operation are
for the business and who would be paying for the fence along the north side.
Gayle Weythman, 12873 Birch Drive, Thornton, Colorado stated that he was sworn. He
expressed his concerns regarding the height of the wall, lighting and noise from the
metal doors.
Mr. Sherman responded to Ms. Yantorno’s question regarding the hours of operation.
He stated that the hours will be 8 a.m. to 6 p.m.
Minutes of the Development Permits and Appeals Board Meeting
April 5, 2016
Page 3
Mr. Sherman responded to Mr. Weythman’s concerns. He went into detail regarding the
landscaping along the wall, height of the roofs, location of the lights, and noise from the
garage metal doors.
Mr. Zetterman asked if customers could use the keypad to enter the business outside of
business hours. Mr. Sherman stated that they keypad will not be functional after
business hours.
Mr. Inge made a statement about the restricted hours and asked if they will be able to
maintain the hours. Mr. Sherman stated the hours of operation made sense for this
community.
Mr. Alonzo asked if the existing fence along the north side will be removed and be
replaced with a new eight-foot fence. He also asked if that was discussed with the
homeowners.
Clarke Carlson, P.O. Box 247, Eastlake, Colorado stated that he was sworn. He
explained that when the rezoning application went to City Council, they met with the
Homeowner’s Association (HOA) and most of the homeowners, and indicated they
would be willing to replace the existing six-foot fence with a new eight-foot fence. He
stated that each homeowner along the north property would need to agree on either a
six or eight-foot fence and that the HOA would need to approve it. Mr. Carlson stated
that they will be meeting with the HOA to determine the size of the fence.
Ms. Ohrstrom Sandgren asked for clarification of what the surrounding homeowner’s view
of the project will be. Mr. Sherman explained that the surrounding view would consist of
landscaping, wall, and roofs of the buildings.
Mr. Alonzo asked for clarification on the location of Building K and asked if that building
was the only tallest one. Mr. Sherman presented the site plan to show the location and
stated that it was the only tallest building.
Mr. Weythman asked what the total length of the concrete wall would be and expressed
his concerns. Mr. Sherman presented on the site plan the length of each concrete wall.
April Deback, 4003 East 130th Court, was sworn. Ms. Deback asked what the crime
statistics are and pedestrian access. Mr. Jacobson and Mr. Inge explained that crime
statistics is outside of the purview of the Board.
Mr. Carlson went into detail of the site plan, landscape and proposal of the project. He
responded to Ms. Deback and presented the location of the pedestrian sidewalk and
access to the business.
Minutes of the Development Permits and Appeals Board Meeting
April 5, 2016
Page 4
Mr. Inge asked if the only access was vehicle access and not pedestrian access. Mr.
Clarke stated yes.
Sam Chesnutt, 4222 East 130th Drive, Thornton, Colorado stated that he was sworn.
He asked if there was any thought of placing a berm along the concrete wall. Mr.
Sherman presented details on the sloped grading and landscaping.
Mr. Inge asked if there was a sidewalk along Bellaire. Mr. Sherman stated yes.
Jesse Moore 12933 Birch Drive, Thornton, Colorado was sworn. Mr. Moore expressed
that he was in favor of the project and that the landscaping will add beauty to the
property.
Ms. Hight stated that the City has a graffiti ordinance, which requires graffiti to be
removed.
The floor closed to further testimony at 7:00 p.m.
MOTION WAS MADE BY MR. ALONZO AND SECONDED BY MS. SPARKS TO
APPROVE.
DISCUSSION:
Mr. Alonzo stated that the owner has done well to make the site look nice and
understands the citizens concerns.
Ms. Sparks stated that there is good screening and that she liked the landscaping.
She explained that she is in agreement of either a six-foot or eight-foot fence on the
north side of the property.
Mr. Zetterman stated he is in favor of the project.
MOTION PASSED 8-0.
OTHER MATTERS:
MOTION WAS MADE BY MR. REED AND SECONDED BY MR. HEPNER TO
CONTINUE THE ELECTIONS OF OFFICERS TO THE NEXT AVAILABLE BOARD
MEETING.
Minutes of the Development Permits and Appeals Board Meeting
April 5, 2016
Page 5
THE MEETING WAS ADJOURNED AT 7:06 p.m.
DEVELOPMENT PERMITS AND
APPEALS BOARD OF THE
CITY OF THORNTON, COLORADO
Allan H. Inge, Chairperson
ATTEST:
Recording Secretary
F:\dpabmin-form.doc
City of Thornton
City Development Department
Staff Report to the Development Permits and Appeals Board
Hearing Date: June 21, 2016
Title: Thornton Valley Wal-Mart Neighborhood Market Development Permit (DP),
in the Planned Development (PD) Zoning District
File: DP 2015-026
Prepared by: Jay Ruchti, Senior Planner
Location:
Generally located on the west side of Colorado Boulevard, south of
Thornton Parkway
Applicant/Representative: Galloway and Company, Inc. / Matt Lovenguth
Property Owner: Thornton Parkway Investments, LLC
The City placed a notice of tonight’s public hearing in the June 17, 2016 NorthglennThornton Sentinel and sent notices by first class mail to adjacent property owners as
required by Code. The applicant posted the property as required by Code. However, it
was discovered that there was an error in the notice. Therefore, it is necessary to
continue the public hearing to the July 5, 2016 Development Permits and Appeals
Board (DPAB) meeting and require the public hearing be re-posted and new notices be
placed in the newspaper and sent to adjacent property owners as required by Code.
The Board should not take any action on the application other than to continue the
public hearing to July 5, 2016 DPAB meeting date.
RECOMMENDATION;
Staff recommends that the Board open the public hearing and approve a motion to
continue the public hearing until July 5, 2016.
V:\PROJECTS\Thornton Valley F1\DP\Thornton Valley F1 Grocery Store DP 2015-026 AP 7621\DPAB documents\notice to the Board to
continue the hearing.docx
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 18-50 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 January 29, 2016, by
Doud Land Company, LLC, on behalf of 120th/Holly St, LLC, 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
 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
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\skylake ranch the learning experience opening remarks-development permit.doc
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