AGENDA

JANUARY 15, 2019

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 – December 11, 2018

5) OLD BUSINESS - None

6) NEW BUSINESS

A. PLDP201800504: A Resolution for a Development Permit (DP) to consider theapproval of a fueling station and convenience store within the Thornton ValleySubdivision located at the southwest corner of Thornton Parkway and ColoradoBoulevard (Thornton Valley F1).

B. PLDP2018000397: A Resolution to consider the approval of DP and Specific UsePermit (SUP) located at 1301 East 120th Avenue (Washington Center F1 A3 B1L2R).

7) OTHER MATTERS

A. Board Member pay increase.

8) ADJOURNMENT

MINUTES THORNTON DEVELOPMENT PERMITS AND APPEALS BOARD

December 11, 2018

ROLL CALL: Allan Inge Absent Bruce Thomas Absent Dita Darrah Present Paul Hepner Present Leon Reed Present Rick Zetterman Present Jeffrey Tompkins (Vice Chair) Present Anna Sparks (Chair) Present Prabodh Telang Present Also attending were Brian Garner and Ty Robbins of the City Development Department; Jessica Whitney, Assistant City Attorney II; and Sarah Galindo and Erinn Rogowski, Recording Secretaries. The meeting was called to order at 6:01 p.m. APPROVAL OF AGENDA: MOTION WAS MADE BY MR. HEPNER AND SECONDED BY MR. REED TO APPROVE THE AGENDA. MOTION PASSED UNANIMOUSLY. APPROVAL OF MINUTES: MOTION WAS MADE BY MR. ZETTERMAN AND SECONDED BY MR. TOMPKINS TO APPROVE THE NOVEMBER 20, 2018 MEETING MINUTES. MS. DARRAH, MR. HEPNER, AND MR. REED ABSTAINED FROM VOTING AS THEY WERE NOT PRESENT AT THE PREVIOUS MEETING. MOTION PASSED UNANIMOULSY. OLD BUSINESS – PUBLIC HEARINGS: At this time, individuals wishing to provide testimony during the public hearings were sworn in by the Recording Secretary. PLMDP201800482: A Resolution for a Minor Development Permit (MDP) to consider the approval to modify the building architecture for the Summit indoor entertainment facility. (144th & Washington Commercial, located at 580 East 144th Avenue). The floor was opened at 6:03 p.m.

Minutes of the Development Permits and Appeals Board Meeting December 11, 2018

Page 2 Mr. Garner introduced Mr. Ty Robbins as the case presenter for 144th Avenue and Washington Commercial Summit. Mr. Robbins presented a staff report and slides. Dallas Griffin, 4836 Saddlewood Circle, Johnstown, Colorado, was introduced as the applicant, he confirmed that he had been sworn. Mr. Griffin presented additional information regarding the project. Jeremy Marthaler, 580 East 144th Avenue, was introduced as the applicant, he confirmed that he had been sworn. Mr. Marthaler presented additional information regarding the project. There was additional discussion among the Board Members. The floor closed to further testimony at 6:40 pm. MOTION WAS MADE BY MR. TOMPKINS AND SECONDED BY MR. HEPNER TO APPROVE WITH CONDITIONS BY APPLICANT INCLUDING EXHIBIT ONE. MOTION PASSED 4-2. NEW BUSINESS – PUBLIC HEARINGS: At this time, individuals wishing to provide testimony during the public hearings were sworn in by the Recording Secretary. PLDP201801133: 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 84th Avenue (Sportsman Warehouse L2). The floor was opened at 6:49 p.m. Mr. Garner introduced Mr. Ty Robbins as the case presenter for Sportsman’s Warehouse L2. Mr. Robbins 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. Greg Moran, 1935 South Roslyn Street, Denver, Colorado, was introduced as the applicant, he confirmed that he had been sworn. Mr. Moran presented additional information regarding the project. Kelli Sparkman, 110 Northwest 4th Street, Grants Pass, Oregon 97526, was introduced as the applicant, she confirmed that she had been sworn. Ms. Sparkman presented additional information regarding the project.

Minutes of the Development Permits and Appeals Board Meeting December 11, 2018

Page 3 There was additional discussion among the Board Members. The floor closed to further testimony at 7:15pm. MOTION WAS MADE BY MR. REED AND SECONDED BY MR. HEPNER TO APPROVE. MOTION PASSED 7-0. A SHORT BREAK WAS TAKEN FROM 7:19 PM TO 7:23 PM At this time, individuals wishing to provide testimony during the public hearings were sworn in by the Recording Secretary. PLDP201800057: A Resolution to consider the approval of a public safety telecommunication facility to be located at 540 East 144th Avenue (Washington Electric Substation F1 L1 B1). The floor was opened at 7:24 p.m. Mr. Garner introduced Mr. Ty Robbins as the case presenter for Washington Electric Substation. Mr. Robbins 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. Keary Hallack, 7900 East Union Avenue, Denver, Colorado 80237 was introduced as the applicant, she confirmed that she had been sworn. Ms. Hallack presented additional information regarding the project. Jim Gold, 1800 Larimer Street Denver 80202 was introduced as the applicant, he confirmed that he had been sworn. Mr. Gold presented additional information regarding the project. There was additional discussion among the Board Members. The floor closed to further testimony at 7:49 pm. MOTION WAS MADE BY MR. ZETTERMAN AND SECONDED BY MR. TOMPKINS TO APPROVE. MOTION PASSED 7-0.

Minutes of the Development Permits and Appeals Board Meeting December 11, 2018

Page 4 OTHER MATTERS: Scheduled public meetings – there is currently one matter scheduled for the January 15, 2019 meeting. THE MEETING WAS ADJOURNED AT 7:53 p.m.

DEVELOPMENT PERMITS AND APPEALS BOARD OF THE CITY OF THORNTON, COLORADO

Anna Sparks, Chairperson

ATTEST: Recording Secretary F:\dpabmin-form.doc

INTRODUCED BY: NO: PLDP201800504 R E S O L U T I O N A RESOLUTION OF THE THORNTON DEVELOPMENT PERMITS AND APPEALS BOARD (“BOARD”) APPROVING A DEVELOPMENT PERMIT (“DP”) FOR A SITE PLAN, LANDSCAPE PLAN, AND ARCHITECTURAL ELEVATIONS FOR A FUELING STATION AND CONVENIENCE STORE PURSUANT TO CHAPTER 18 OF THE THORNTON CITY CODE. WHEREAS, Galloway & Company, Inc. is the applicant (“Applicant”) and Falcon Properties, Inc. is the owner (“Owner”) of certain real property (“Property”) within the City of Thornton (“City”), legally described as Tract A, Thornton Valley Filing No. 1; and WHEREAS, the Property is zoned Planned Development; and WHEREAS, the designated land use for the Property pursuant to the

Comprehensive Plan is Mixed Use (“MU”); and WHEREAS, the Owner is desirous of developing the Property for a fueling station and convenience store; and WHEREAS, in order to develop the Property, the Owner has submitted an application for a DP on the Property; and WHEREAS, the proposed use is consistent with the approved zoning for the Property; and WHEREAS, the proposed DP is consistent with the goals and desires of the City, and provides for orderly growth within the City, and allows for a beneficial and efficient use of said Property; and WHEREAS, the aforesaid application is a matter of public record in the custody of the City Development Department of the City and is available for public inspection during business hours of the City; and WHEREAS, the aforesaid DP, and all supporting documents attached thereto, is hereby incorporated as if fully set forth herein; and WHEREAS, on January 15, 2019, a public hearing was conducted before the Board on said application pursuant to the procedural and notice requirements of the City Charter and Chapter 18 of the Thornton City Code, and the Board having considered the evidence presented in support of and in opposition to the application, and so having considered the record and having given appropriate weight to the evidence, takes the following action.

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NOW, THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT PERMITS AND APPEALS BOARD OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS:

1. The Board finds that the application for the DP on the Property has been submitted in compliance with the provisions of Chapter 18 of the Thornton City Code.

2. The Board finds that approval of the DP for the Property is appropriate in

that said DP meets the site design standards, landscape standards and architectural review criteria provided in Chapter 18 of the Thornton City Code and the Thornton Valley PD.

3. The Board finds that the proposed development is in conformance with the

Comprehensive Plan land use designation of MU by providing a balance of high-quality residential and non-residential growth that makes Thornton a desirable place to live, work and play.

4. The Board hereby approves the DP for the Property, subject to the following

conditions:

a. The DP shall be null and void in the event that no building permit is applied for on the Property within three years of approval. Once a Certificate of Occupancy has been issued for the Property, the DP shall be valid in perpetuity.

b. Prior to any changes to the approved design, the Owner shall obtain

approval of an amendment to the DP from the City. Based upon the extent of any changes, the Development Director shall determine at that time whether or not the application for changes listed above will be administrative or shall require another public hearing.

c. A Subdivision Plat Amendment shall be recorded prior to issuance of

any construction permits or building permits necessary for the development.

5. All land use approvals and building permits for the Property shall be

subject to requirements including, but not limited to, the payment of impact fees and development charges, concurrency management requirements, design standards, moratoriums, building permit limitations, and other land use and development requirements in effect at the time that such proposed development applies for a building permit.

6. The conditions set forth in this Resolution shall be binding upon the Owner or Developer, their successors and assigns.

PASSED AND ADOPTED at a regular meeting of the Development Permits and Appeals Board of the City of Thornton, Colorado, this 15th day of January 2019.

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DEVELOPMENT PERMITS AND APPEALS BOARD OF THE CITY OF THORNTON, COLORADO ______________________________ Anna Sparks, Chairperson

ATTEST: __________________________ Secretary V:\PROJECTS\Thornton Valley F1\DP\Thornton Valley F1 PLDP201800504\DPAB Docs\Resolution of Approval.doc