CITY COUNCIL AND BURA AGENDA MEMORANDUM

Transcription

1 City and County of Broomfield, Colorado CITY COUNCIL AND BURA AGENDA MEMORANDUM To: From: Mayor, City Council and Broomfield Urban Renewal Authority Charles Ozaki, City and County Manger and Executive Director of BURA Lynn Merwin, Principal Planner John Hilgers, Planning Director David Shinneman, Director of Community Development Kevin Standbridge, Deputy City and County Manager Meeting Date Agenda Category Agenda Item # June 25, 2013 Council Business/BURA Business 9(c)/13(a) 9(c) City Council Agenda Items 1. Public Hearing on the Proposed Olde Lumberyard, LLC, Use by Special Review and Revocable Permit Property Location: 7905 West 120 th Avenue Agenda Title: Applicant: Craig Walstad (Olde Lumberyard, LLC) 2. Consideration of Proposed Resolution No Regarding the Application 13(a) BURA Agenda Items 1. Public Hearing on the Proposed Olde Lumberyard LLC Urban Renewal Site Plan Amendment 2. Consideration of Proposed Resolution No UR Regarding the Application Summary The applicant requests approval of a use by special review (USR) and an urban renewal site plan (URSP) to allow a building supply yard which is a use by special review under the B-2 zoning district of the Broomfield Municipal Code (BMC). The project site is a 3.6-acre property at 7905 West 120th Avenue. The application includes a request for approval of a revocable permit to install a fence within a portion of the Emerald Lane public right-of-way to screen the site. The property is zoned B-2 for general business uses and is within the Broomfield Shopping Center Urban Renewal Plan boundary area which permits the same business uses as the B-2 district. The application is requested to bring the existing building supply yard, which more specifically serves as a landscape supply yard, into zoning compliance with the B-2 zoning district regulations. The B-2 zoning requires use by special review approval for a business characterized as a building supply yard. Since the site does not have the requisite USR approval for the business to operate, the business does not currently comply with Broomfield s B-2 zoning regulations. On March 25, 2013, the Planning and Zoning (P&Z) Commission held a public hearing for the proposed USR/URSP. The Commission voted unanimously to recommend denial of the application. Since the initial Commission hearing, the applicant revised the USR/URSP to comply with the B-2 zoning district code requirements. On May 13, 2013, the P&Z Commission held a second public hearing to reconsider the revised proposal and unanimously recommended approval with conditions to: 1) add an emergency access sign on the west gate, if required, and 2) ensure the north area fencing is within the property, or an agreement is in place for off-site fencing. The revised plan addresses the Commission s recommended conditions of approval and complies with applicable Broomfield Municipal Code (BMC) requirements. Proposed Resolution No approves the Olde Lumberyard USR and revocable permit. Proposed Resolution No UR approves the Olde Lumberyard URSP. Prior Council/BURA Action April 9, 1991 City Council approved the Broomfield Shopping Center Urban Renewal Plan. (Res. No ). Financial Considerations The proposal is consistent with Broomfield s adopted Long Range Financial Plan. Alternatives Based on the testimony and evidence presented on the record at the public hearing: If the proposed application complies with applicable Broomfield Municipal Code review standards, urban renewal plan (URP) purposes and is consistent with the intent of the Comprehensive Plan: o Approval. If the proposed plans do not comply with applicable BMC/URP review standards and is inconsistent with the intent of the Comprehensive Plan: o Remand the case to the Planning and Zoning Commission for additional review and recommendation; o Postpone action on the resolution and continue the hearing to a date certain; or o Direct the City and County Attorney to draft findings to support denial of the application. Proposed Actions/Recommendations Hold the Council and BURA public hearing simultaneously. If Council and the Authority wish to approve the application, it is recommended That Resolution Nos and UR be adopted. 9(c)/13(a) - Page 1

2 Olde Lumber Yard LLC USR and URSP Page 2 PROPOSED OLDE LUMBERYARD LLC USE BY SPECIAL REVIEW AND URBAN RENEWAL SITE PLAN Report Contents Subject Page I. ZONING, COMPREHENSIVE PLAN, AND OTHER APPLICABLE PLANS 3 Zoning 3 Relationship to the Comprehensive Plan, Urban Renewal Plan and 4 Financial Plan II. AREA CONTEXT 6 Property Location 6 Surrounding Land Uses 6 III. CURRENT APPLICATION DETAILED DESCRIPTION AND STAFF REVIEW 7 Summary of Application 7 Background/Base Data 7 Land Use Summary 8 Existing Site Characteristics 9 URSP/USR Proposal 10 Drainage 13 Landscaping and Screening 13 Revocable Permit 13 IV. STAFF REVIEW OF KEY ISSUES 14 V. PLANNING AND ZONING COMMISSION RECOMMENDATION 14 VI. APPLICABLE BROOMFIELD MUNICIPAL CODE AND URBAN RENEWAL PLAN PROVISIONS 14 9(c)/13(a) - Page 2

3 Olde Lumber Yard LLC USR and URSP Page 3 Zoning I. ZONING, COMPREHENSIVE PLAN, AND OTHER APPLICABLE PLANS General Business District The site is zoned B-2 and is located in the Broomfield Shopping Center Urban Renewal Area (URA). The B-2 zoning is a general business district designed to contain the more intensive commercial uses and those business uses related to highway users or those businesses requiring some outdoor operations (BMC ). The proposed building supply yard use is permitted subject to use by special review approval under the B-2 zoning regulations. This is the first proposed site plan for the property. Urban Renewal Area The subject property is within the boundaries of the Broomfield Shopping Center Urban Renewal Plan. The Plan delineates two specific areas: the Urban Renewal Plan (URP) Area (shown in pink shading on the map below) and the URP Project Area (delineated by a black line and labeled accordingly). The following map identifies the project location, for the subject application, at the southwest end of the Plan Area. The smaller Project Area generally encompasses the business area between Laurel Street and US 287 (Wadsworth Parkway), and south US 287 and the northern edge of the Garden Center development (along North Midway Park). The Project Area was anticipated to have significant immediate redevelopment activity and a Target store was constructed within the area in The planning and design standards in the plan were only applicable to development within this Project Area (see map above). 9(c)/13(a) - Page 3

4 Olde Lumber Yard LLC USR and URSP Page 4 The larger Plan Area was established to insure the orderly growth of business/retail sector in this area of the community. The Plan anticipated development in the Plan Area would occur in later phases than development in the Project Area. The URP calls for property in this area to provide for additional retail, commercial, and industrial development or redevelopment. The uses permitted are those allowed in the B-1 and B-2 zoning districts as set forth in the Broomfield Municipal Code (BMC). Although the Plan permits the Broomfield Urban Renewal Authority to impose additional land use and design controls within this area, none have been adopted. As such, the property within the Plan Area is not subject to the design standards applied to the Project Area. Relationship to the Comprehensive Plan, Urban Renewal Plan, and Financial Plan Comprehensive Plan The Broomfield Comprehensive Plan is a policy document adopted by the Broomfield City Council to establish a vision for Broomfield s future. The property is also within the Original Broomfield Neighborhood Plan planning area. The Neighborhood Plan was adopted in 2008 and is incorporated by reference in the Comprehensive Plan. The Neighborhood Plan allows for a finer grain of planning for a specific area than is typically feasible through the broader Comprehensive Plan covering the entire city and county. The Neighborhood Plan and Comprehensive Plan land use maps identify the subject property as neighborhood commercial which should: create a walking destination for residents and may include a variety of cultural, historic or social focal points for the neighborhood, along with providing some basic services, such as neighborhood-focused retail (e.g., hardware stores, video stores, coffee shop, bakeries, etc.), daycare, elderly housing/care, places of worship, mail/office service stores, personal services, (e.g. beauty shops), child care or small offices (i.e. law, insurance, etc.) which are compatible with the neighborhood. The Neighborhood Plan and Comprehensive Plan further indicate the subject location is one that is susceptible to change due to the (re)development potential for the area. For example, the neighborhood is anticipated to experience some change once the 120th Avenue Connection (also known as SH 128) is completed in The existing use, as set forth in the proposed plan, would not provide a walking destination for neighborhood commercial retail or services. The proposal, if approved, would allow for the existing use to remain on the property with landscaping, screening, and operational conditions set forth to mitigate impacts for adjacent properties. The proposal, if approved, will allow the applicant to continue with the use of existing buildings and improvements. This USR and URSP will not allow for the construction of new buildings or other improvements that would be contrary to the Comprehensive Plan land use designation. The proposal would facilitate implementation of the following goals and policies identified in the Comprehensive Plan: Policy LU-F.5: Encourage a variety of scales of business employers, from small local business to corporate office and headquarters. Economic Development Vision: Promote the economic vitality of Broomfield through attraction, retention and expansion of business activity. 9(c)/13(a) - Page 4

5 Olde Lumber Yard LLC USR and URSP Page 5 The following map identifies the project site within a portion of the Comprehensive Plan land use map. Urban Renewal Plan According to the approved Broomfield Shopping Center Urban Renewal Plan, any development within the plan area must be approved by the Broomfield Urban Renewal Authority and comply with all applicable Broomfield regulations and ordinances. The following purposes are listed: To implement the Comprehensive Plan and insure the orderly growth of the Broomfield business/retail sector of the community; and To expand retail opportunities for the citizens of Broomfield and the surrounding area and to create a stable sales tax base for the city. Financial Plan As a commercially-zoned property, the proposed plan is consistent with the base data and projections contained in Broomfield's adopted Long Range Financial Plan. According to Broomfield records, the assessed land value for the site is $92,540 and the assessed improvement value is $105,440. 9(c)/13(a) - Page 5

6 Olde Lumber Yard LLC USR and URSP Page 6 II. AREA CONTEXT Property Location The property is located at 7905 West 120 th Avenue in the Original Broomfield neighborhood, approximately one-quarter mile east of the intersection of West 120th Avenue and Commerce Street. The following map shows the property boundary over an aerial photograph of the surrounding area. Surrounding Land Uses ADJACENT USE/ZONING COMPREHENSIVE PLAN DESIGNATION North BNSF Railroad and Mountview Shopette/B-2 Commercial Retail South Residential structures/a-1(j) Neighborhood Residential East Crescent Grange/B-2 Neighborhood Commercial West Residential Structures/B-2, R-1 and PUD Neighborhood Commercial and Neighborhood Residential The area is currently comprised of a mix of uses and zoning ranging from legacy Jefferson County agricultural properties, to business and residential. The majority of the adjacent properties to the north, east and west are zoned B-2. The properties to the south are zoned A-1(J) for Jefferson County agricultural uses. The two properties along the western boundary (the northern approximately one-half of the western boundary) are zoned for residential uses. 9(c)/13(a) - Page 6

7 Olde Lumber Yard LLC USR and URSP Page 7 The map below shows the zoning of the site and several adjacent properties as B-2. The map highlights a portion of the west property line where adjacent to residential-zoned property. This portion of the west property line, adjacent to residential-zoned properties, requires a 25-foot landscape buffer. Summary of Application III. CURRENT APPLICATION DETAILED DESCRIPTION AND STAFF REVIEW The proposal is to consider an urban renewal site plan (URSP) and use by special review (USR) to characterize an existing landscape stockyard as a building supply yard which is a permissible use by special review in the B-2 zoning district. The application includes a request for consideration and approval of a revocable permit to occupy a portion of the Emerald Lane public right-of-way (ROW) with a screening fence. Attachment 1 includes correspondence from the applicant/property owner and the tenant regarding the existing ValleyCrest Landscape Companies business operating on the site. Background/Base Data 1. PROPERTY OWNER Olde Lumberyard, LLC 2. APPLICANT Craig Walstad 3. PROPERTY LOCATION 7905 West 120 th Avenue 4. PROPERTY SIZE 3.6 acres 5. CURRENT ZONING B-2 and Urban Renewal Area 6. PROPOSED ZONING B-2 and Urban Renewal Area (USR, building supply yard) 7. CURRENT LAND USE Office with Landscape/Building Supply Yard 8. PROPOSED LAND USE Office with Building Supply Yard 9. COMPREHENSIVE PLAN DESIGNATION Neighborhood Commercial 9(c)/13(a) - Page 7

8 Olde Lumber Yard LLC USR and URSP Page 8 Code Compliance Action In response to a citizen complaint about a possible illegal use, Broomfield s Code Compliance Division visited the landscaping business located at 7905 West 120 th Avenue and consulted with the Planning Division regarding permitted uses in the B-2 zone district as it applies to the property. The site is occupied by ValleyCrest Landscape Companies which has leased the office and building supply yard since The current use consists of an office, parking lot, and a storage yard for the landscaping contractor. The existing use is most closely characterized as a building supply yard as landscape materials are a subset of building materials. The use is permissible in the B-2 zone district as a use by special review. In order for the use to operate legally, approval of a use by special review is required. Following discussion with the property owner, Craig Walstad, a notice of violation was issued on July 26, The owner was afforded time to take action to gain compliance for the illegal use. On December 12, 2012, the owner was issued a summons to municipal court. The owner submitted an application for a use by special review the same day. The municipal court judge has deferred the arraignment pending processing of the request for approval of a use by special review. Land Use Summary The following is a composite land use summary for the proposed development. Olde Lumberyard URSP and USR Land Use* Acres of Site Coverage % Total Building % Parking & Drives (Paved) Material/Vehicle Storage Railroad & Equipment Staging Open Lands Landscaping % % % % Total % *Existing use. No new construction. Projected Construction Value Not Applicable 9(c)/13(a) - Page 8

9 Olde Lumber Yard LLC USR and URSP Page 9 This graphic depicts the site data coverage for the property. Existing Site Characteristics The 3.6-acre property is accessed primarily from West 120 th Avenue. There is a secondary, gated access feasible from Emerald Lane to the west. The site consists of four existing structures on the site including an office along West 120 th Avenue and a partially attached building to the north for flexible office space. Continuing north, there is an open pole barn and garage. 9(c)/13(a) - Page 9

10 Olde Lumber Yard LLC USR and URSP Page 10 There is existing, on-site, asphalt parking area along West 120 th Avenue for vehicle and trailer parking along the west property line adjacent to the buildings; and equipment staging in the vicinity of the garage and open pole barn further north on the property. The northeast portion of the site is used for railroad shipping and receiving of building supplies and the northwest portion of the site is used for exterior storage of materials and additional parking. The property generally slopes from west to east and is fenced with a variety of fencing primarily along the north and west edges. The property is currently unplatted. There is no new construction planned. The site may remain unplatted until such time as additional development (specifically a building) or sale of the property, or a portion of the property, is desired, at which point an approved subdivision plat would be required. URSP/USR Proposal Prior Plan: Proposed for Planning and Zoning Commission Consideration At the March 25, 2013, public hearing, the plan presented to the Planning and Zoning (P&Z) Commission showed the existing site and business operations for a landscape stockyard would remain substantially unchanged with the exception of: Limiting outdoor storage to designated areas not to exceed 12-feet in height, Improving screening of storage and operations along the north and west property lines with a five- to six-foot privacy fence, and Restricting the hours of operation for truck deliveries and pick-up of supplies from 7 a.m. to 7 p.m. In addition, the prior proposed site plan included a request for a variance from the Broomfield Municipal Code because it did not provide a required 25-foot landscape buffer adjacent to residential-zoned properties. The P&Z Commission denied this initial application at a public hearing following a review of the application and public testimony by residents and property owners in the area. Communications Submitted for the P&Z Commission Hearing Attachment 2 is a letter submitted for the P&Z Commission hearing from Mark Brunner, a nearby property owner. Revised Plan: Proposed for City Council/BURA Consideration Since the Planning and Zoning (P&Z) Commission hearing on March 25, 2013, the applicant has subsequently revised the proposed plan. Following the plan revisions, the applicant agreed to have the plan reconsidered by the P&Z Commission. On May 13, 2013, the Commission reconsidered the revised plan and recommended approval with conditions relating to fencing and a secondary access gate. The Commission s recommendations are addressed in greater detail on page 14. The proposed plan, as revised: Incorporates the required 25-foot landscape buffer along the west property line where the property abuts residential-zoned districts (approximately the northern one-half of the west property line). The buffer will supplement existing deciduous trees with the addition of five new evergreen trees at least six feet in height within a 25-foot wide rock mulch area; and Commits to provide eight-foot fencing along the north, west and east property lines to screen outdoor storage. A solid wood, eight-foot fence will be provided along the west property line where abutting residential-zoned property. 9(c)/13(a) - Page 10

11 Olde Lumber Yard LLC USR and URSP Page 11 With the addition of these site plan commitments, the proposed plan removes the prior request for a variance and complies with the B-2 zoning district requirements for buffering and screening operations. The revisions made to the proposed plan since the P&Z Commission hearing incorporate the following additional changes: Designation of a 25-foot clear zone to prohibit parking and storage adjacent to the 25-foot landscape buffer and adjacent to the north edge of the property identified as 7997 Emerald Lane (7997 Emerald Lane is a legal, non-conforming residential use which pre-dates the B- 2 zoning of the site); Designation of a 30-foot wide organics transfer area along the north property line. Notes 11 and 12 on sheet 1 of the URSP/USR plan restrict the height of the organic material to no greater than eight feet. Materials may be temporarily located along the north property line prior to transfer and may be contained in bins in other designated areas when not in transfer. Added new and revised site notes establishing operating and maintenance requirements for the site and timelines for compliance as set forth below. The timelines for compliance have been reduced from 60 days to 30 days from approval of the URSP/USR plan. Revised Notes: 1. The intent of this use by special review application is to obtain approval for the permitted use of a building supply yard. 2. Debris not related to the current use shall be cleaned up and removed within 30 days from the date of approval of this use by special review application. 3. Hours of operation for truck deliveries and pick up of supplies: 7 a.m. to 7 p.m. 4. Parking shall be regulated in conformance with title of the Broomfield Municipal Code. 5. Signs shall be regulated in conformance with title of the Broomfield Municipal Code. 6. Owner acknowledges that PSCO owns and operates existing electric distribution facilities within the property. Owner/developer/contractor must contact the builder's call line at and complete the application process for any new gas or electric service, or modification to existing facilities. New Notes: 7. The tenant and/or owner shall inspect the site on a monthly basis to ensure on-going compliance with this plan. Any non-compliance identified shall be brought into compliance within 30 days. 8. There shall be no building, storage, parking or operations within the 25-foot landscape buffer and 25-foot clear zone adjacent to the west property line abutting residential zoning. There shall be no parking within the 20 foot clear zone along the north line of 7997 Emerald Lane. 9. The 25 foot landscape buffer shall be installed within 30 days of approval of this use by special review plan. All landscaping shall be watered on a regular basis to ensure viability. Any dead landscaping shall be removed and replaced within 30 days, weather permitting, and no later than 6 months if delayed by weather. 10. All gates and fences shall be maintained in good condition to ensure screening, operations (for the gates) and visual aesthetics. Any repairs, replacements or clean-up, including graffiti abatement, shall be made within 30 days. 11. Organic containment shall be limited to 8 feet in height and contained in bins. 12. Seasonal organic transfer area will be used for temporary placement of seasonal organics, which may contain tree limbs, grass, clippings, etc. Materials will then be loaded into bins to be transported off-site for mulching as there shall be no mulching on-site. 9(c)/13(a) - Page 11

12 Olde Lumber Yard LLC USR and URSP Page 12 The following depicts a reproduction of sheet 2 from the proposed plan as revised for the Council and BURA hearing(s). Communications Submitted for the CC/BURA Hearings Attachment 3 is a letter of consent from adjacent property owners Marilane and Samuel McDonald regarding the heights of existing fencing along a common property line with the subject parcel. 9(c)/13(a) - Page 12

13 Olde Lumber Yard LLC USR and URSP Page 13 Drainage The site drainage will continue to follow historic patterns of draining across the site to the northeast. Since there are no new structures planned and no changes proposed to site landscaping, grading, or impervious surface areas, such as the addition of buildings or asphalt, there are no drainage improvements required at this time. Landscaping and Screening The B-2 General Business zone district requires a perimeter landscape buffer when the property is abutting a residential zone district. The northwest portion of the subject property s west property line is located across Emerald Lane from two residential-zoned properties including a single-family residence (8005 Emerald Lane) and the Emerald Hill subdivision (a Habitat for Humanity residential development). The adjacent zoning is shown on the map provided on page 7. The B-2 zoning regulations require a minimum 25-foot wide landscape area paralleling the right-ofway if across the street from a residential district. The URSP/USR plan has been revised since the initial P&Z Commission hearing to meet this requirement. Note 9 on Sheet 1 of the plan stipulates the landscape buffer must be installed within 30 days of approval of the proposed plan. The plan includes a commitment to enhance the screening of the site with eight-foot fencing along a portion of the west, north and east boundaries. The proposed fencing includes: Adding an eight-foot fence along the west property line from the northwest corner of the site and extending south to the primary gated entry near West 120 th Avenue. The existing four to six-foot tall fencing along the remainder of the west property line will not be changed. The adjacent property owner has signed a letter of consent to leave the existing fencing in place in this location. Attachment 3 is the neighbor s letter of consent. A revocable permit is requested for a small section of fencing to be located within a portion of the Emerald Lane public ROW. The revocable permit is discussed in greater detail below. Adding an eight-foot screen fence along the north property line to screen outdoor storage. Adding an eight-foot screen fence along the east property line to screen outdoor storage. Add screening to an existing six-foot fence at the primary gated entry to the site from West 120 th Avenue. Revocable Permit The proposed revocable permit is attached to proposed Resolution No The permit allows the Olde Lumberyard, LLC, to install and maintain an eight-foot tall fence within a portion of the Emerald Lane public ROW along the Olde Lumberyard s west property boundary. The purpose of the fence is to screen the Olde Lumberyard property from view from residences in the area to the west and south. The proposed location of the fence within public ROW would allow for a direct connection between two property lines offset in an irregular shape. The proposed permit includes standard provisions for indemnification and the ability for Broomfield to exercise the right to use its own property with proper notification to the Olde Lumberyard. 9(c)/13(a) - Page 13

14 Olde Lumber Yard LLC USR and URSP Page 14 There are no key issues identified by staff. IV. STAFF REVIEW OF KEY ISSUES V. PLANNING AND ZONING COMMISSION RECOMMENDATION On March 25, 2013, the Planning and Zoning Commission held a public hearing on the proposed Olde Lumberyard, LLC, Urban Renewal Site Plan and Use by Special Review regarding a building supply yard. Following the public hearing, the Commission recommended denial of the application by unanimous vote of six to zero. Subsequently, the applicant revised the plans for the Commission s reconsideration at a public hearing on May 13, Following reconsideration of the application at the public hearing in May, the Commission voted unanimously to recommend approval of the application with the following conditions: 1. The gate (on the west property line) include an emergency access sign if required by the Fire District. Response: The North Metro Fire Rescue District does not require the gated, secondary access to be signed or designed to operate as an emergency access to the site for the proposed use by special review site plan and associated operations. As such, the applicant does not intend to use the gate for daily operation or add a sign designating the access as emergency access. The applicant plans to keep the gate locked to limit vehicle trips to the site along Emerald Lane. 2. Clarify the property ownership for fencing in the north/west area and have agreements in place, if needed, for those fences or bring them onto the property line. Response: The applicant is requesting approval of a revocable permit for the portion of offsite fencing, along the west property line, where located within a part of the Emerald Lane public ROW. The new eight-foot fence would be installed to help screen the site from view by residents to the west. The applicant has also added a note of clarification to the site plan committing to relocate a portion of the north fence, at the northwest corner of the site, along the true property line or within the property. This small segment of the north fence is currently located off-site on railroad land. VI. APPLICABLE MUNICIPAL CODE AND URBAN RENEWAL PLAN PROVISIONS A public hearing is required. At the conclusion of the public hearing, the City Council reviews the application for the use by special review based on the following provisions: Approval required. Uses permitted by special review may be allowed in the designated districts upon approval by the city council following recommendations by the planning and zoning commission. (Ord. 149 Art. 17 (part), 1973; Ord , 1995; Ord , 2011) 9(c)/13(a) - Page 14

15 Olde Lumber Yard LLC USR and URSP Page Request; submittal when. All requests for a use permitted by special review shall be submitted in writing to the secretary of the planning and zoning commission meeting and shall include an application fee of $ (Ord. 149 Art. 17 1(1), 1973; Ord , 1995; Ord , 2002; Ord , 2011) Application; contents. (A) The application shall contain a site plan showing, when applicable, the location of the building, off-street parking areas, offstreet loading areas, service and refuse areas, ingress and egress to the property; major landscaping or other screening proposals, signs, pedestrian areas, a time schedule for development, and any other items which may help the planning and zoning commission to make a reasonable recommendation. (B) The application for uses permitted by special review for oil or gas wells or for injection wells shall follow the application requirements set forth in chapter (C) The application for uses permitted by special review for wireless communications towers shall follow the application requirements set forth in chapter 17-35, B.M.C. (Ord. 149 Art. 17 1(2), 1973; Ord , 1987; Ord , 1993; Ord , 1994; Ord , 1995; Ord , 1996; Ord , 2000; Ord , 2011) Request; review. The planning and zoning commission shall hold a public hearing on the request. Notice shall be given in accordance with the provisions of chapter (A) Except for oil and gas wells or injection wells, factors to be considered are the relation of the requested uses to the character of the surrounding neighborhood, the desirability and need for such a use in the specific area of the community, adverse environmental influence that might result from its location, and, in general, compliance with the intent of this title. (B) For oil and gas wells or injection wells, the review criteria shall be the factors set forth in section (Ord , 1983; Ord , 1993; Ord , 1995; Ord , 2011) Request; recommendation; conditions. After completing its review of a special review request, the planning and zoning commission shall submit its written report and recommendation to the city council. The recommendation shall either be a recommendation to approve, to approve with conditions, or to deny the request. If the recommendation is to approve with conditions, the recommendation shall set forth the conditions and those requirements as deemed necessary to protect the health, safety, and welfare of the community. (Ord. 149 Art. 17 1(4), 1973; Ord , 1995; Ord , 2011) Request; approval, conditional approval; denial. The city council shall consider the request and the planning and zoning commission's recommendation and shall make a final decision of approval, or approval with conditions, or of denial. Factors to be considered are those specified in section The city council shall hold a public hearing prior to making its final decision. Notice shall be given in accordance with chapter (Ord , 1983; Ord , 1995; Ord , 2011) Decision to be stated in official minutes. Any decision of the planning and zoning commission or city council on special reviews shall state in the official minutes the reasons for such decision. (Ord. 149 Art. 17 1(6), 1973; Ord , 1995; Ord , 2011) Approval; period; void when. All special review requests approved by city council prior to January 1, 1988, shall be valid for one year from the approval date. All special review requests approved by city council after January 1, 1988, shall be valid for three years from the approval date. If the approved use is in operation by the end of the specified period, the approval shall remain valid so long as the use continues. If the approved use is not in operation at the end of the specified period, or if it thereafter ceases, the approval shall be deemed void and of no further force and effect, and no building or other construction permits shall be issued until and unless the special review request is reapproved by the city council. (Ord , 1987) A public hearing is required before the BURA. At the conclusion of the public hearing, the BURA reviews the application for the URSP based on the following provisions: Urban Renewal Plan Standards According to the approved Broomfield Shopping Center Urban Renewal Plan, any development within the plan area must be approved by the Broomfield Urban Renewal Authority and comply with all Broomfield regulations and ordinances. The following purposes are listed: 1. To implement the Comprehensive Plan and insure the orderly growth of the Broomfield business/retail sector of the community; and 2. To expand retail opportunities for the citizens of Broomfield and the surrounding area and to create a stable sales tax base for the city. 9(c)/13(a) - Page 15

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20 RESOLUTION NO A RESOLUTION APPROVING THE OLDE LUMBERYARD, LLC USE BY SPECIAL REVIEW AND A REVOCABLE PERMIT TO USE AND OCCUPY A PORTION OF EMERALD LANE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY AND COUNTY OF BROOMFIELD, COLORADO: Section 1. Pursuant to the provisions of chapter and Broomfield Municipal Code, the Use by Special Review for Olde Lumberyard, LLC located at 7905 West 120th Avenue, attached hereto, is hereby approved. Section 2. Council hereby approves the agreement attached hereto by and between the City and County of Broomfield and Olde Lumberyard, LLC, for a revocable permit to use and occupy City-owned property. Section 3. The mayor or mayor pro tem is authorized to sign and the city and county clerk is authorized to attest the agreement, in form approved by the city & county attorney. Section 4. This resolution is effective upon its approval by the City Council. APPROVED on June 25, THE CITY AND COUNTY OF BROOMFIELD, COLORADO ATTEST: Mayor City and County Clerk City and County Attorney 9(c)/13(a) - Page 20

21 AN AGREEMENT BY AND BETWEEN THE CITY AND COUNTY OF BROOMFIELD AND OLDE LUMBERYARD, LLC FOR THE GRANT OF A REVOCABLE PERMIT TO USE AND OCCUPY CITY OWNED RIGHT-OF-WAY 1.0 PARTIES. The parties to this Agreement are the City and County of Broomfield, a Colorado municipal corporation (City), and Olde Lumberyard, LLC (Permittee). 2.0 RECITALS AND PURPOSE. 2.1 The City owns the Emerald Lane public right-of-way (Right-of-Way) bordering a portion of the west property line of 7905 West 120th Avenue. 2.2 The Permittee desires to access the Right-of-Way property for the purpose of installing a fence to screen the existing business at 7905 West 120th Avenue from residential uses in the area. 2.3 The City will grant a revocable permit to the Permittee under the terms and conditions as hereinafter specified in this Agreement. 3.0 TERMS AND CONDITIONS. FOR AND IN CONSIDERATION of the mutual covenants and promises contained herein, the sufficiency of which is acknowledged, the parties agree as follows: 3.1 The City hereby grants to the Permittee a revocable permit for an eightfoot tall fence for the Olde Lumberyard property and associated business located at 7905 West 120th Avenue to be installed in a portion of the public Right-of-Way of Emerald Lane, as depicted on Exhibit A. 3.2 The use and occupancy described in paragraph 3.1 above shall continue from the date of this Agreement to the time that this Agreement is terminated. The City may terminate this Agreement at any time by giving written notice to the Permittee ten days in advance of the effective date of termination and specifying the date of termination therein. 3.3 The Permittee expressly agrees to indemnify and hold harmless the City and any of its officers or employees from any and all claims, damages, liability, or court awards, including costs and attorney's fees that are or may be awarded as a result of any loss, injury or damage sustained or claimed to have been sustained by anyone, including but not limited to, any person, firm, partnership, or corporation, in connection with or arising out of any omission or act of commission by Permittee or any of its employees or agents in using and occupying a portion of the Emerald Lane Right-of-Way west of 7905 West 120th Avenue. 9(c)/13(a) - Page 21

22 3.4 The Permittee agrees that it will never institute any action or suit at law or in equity against the City or any of its officers or employees, nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, or compensation for or on account of any damages, loss, or injury either to person or property, or both, known or unknown, past, present or future, arising from the revocable permit granted to Permittee in paragraph 3.1 above. 3.5 The Permittee agrees to construct, maintain, and repair any structures or improvements placed in the Right-of-Way, and as shown on Exhibit A attached hereto, at the expense of the Permittee. 3.6 The Permittee agrees that the City is not and will not assume any liability, responsibility, or costs for any damage or maintenance to any structures or improvements erected by the Permittee under this Agreement. 3.7 This Agreement is subject to the provisions of section 17.9 of the Charter for the City of Broomfield. 4.0 ASSIGNMENT. This Agreement shall not be assigned by Permittee without the prior written consent of the City, which may withhold its consent for any reason. 5.0 NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if personally served or if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited in the United States Mail. 6.0 INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any other provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. 7.0 GOVERNING LAW. This Agreement shall be governed by the laws of the State of Colorado. 8.0 WAIVER OF BREACH. A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be constructed as a waiver of any subsequent breach by either party. 2 9(c)/13(a) - Page 22

23 9.0 BINDING EFFECT. This Agreement shall inure to the benefit or, and be binding upon, the parties, their respective legal representatives, successors, heirs, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein EXHIBITS. All exhibits referred to in this Agreement are by reference incorporated herein for all purposes PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit, or describe the scope or intent of this Agreement ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement NO THIRD PARTY BENEFICIARIES. This Agreement is intended to describe the rights and responsibilities only as to the parties hereto. This Agreement is not intended and shall not be deemed to confer any rights on any person or entity not named as a party hereto NO PRESUMPTION. The parties to this Agreement and their attorneys have had a full opportunity to review and participate in the drafting of the final form of this Agreement. Accordingly, this Agreement shall be construed without regard to any presumption or other rule of construction against the party causing the Agreement to be drafted EXECUTION IN COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. DATED: THE CITY AND COUNTY OF BROOMFIELD, a Colorado municipal corporation & body politic and corporate of the State of Colorado Patrick Quinn, Mayor One DesCombes Drive Broomfield, CO (c)/13(a) - Page 23

24 City Clerk 9(c)/13(a) - Page 24 4 My Commission Expires:,^/^ 1,;2 0/ 7 kirsten:d\data\word\forms\revocableperm it.doc MELISSA LEYBA -FARNSWORTH NOTARY PUBLIC STATE OF COLORADO MY COMMISSION E P RES FEBRUARY 06, 2017 [SEAL] The, foregoing instrument was jltif J)A, of -1 L4 n_c= - Or Witness my hand and official seal. acknowledged before me this of 2013 by STATE OF COLORADO ) COUNTY OF L<X! ) ss r\"cg,tnl Name: \ Address: ^ u. 3 ^x 173 PERMITEE ATTEST:

25 DARRYL J. & BONNIE S. WIMS 8005 EMERALD LANE BROOMFIELD, CO DAVID T. PNEUMAN 7997 EMERALD LN. BROOMFIELD, CO OLDE LUMBERYARD, LLC 7905 W. 120TH AVE. BROOMFIELD, CO MARILANE & SAMUAL McDONALD 7925 W. 120TH AVE BROOMFIELD, CO EXHIBIT A PROJECT NO.: DATE: 6/5/13 permontesgi 625 Mein Street T: (720) Longmont CO F: (866) www permontesgroupcom OLDE LUMBERYARD, LLC REVOCABLE PERMIT EXHIBIT SCALE: PAGE: I"=100 EX-A 9(c)/13(a) - Page 25

26 RESOLUTION NO U R A RESOLUTION APPROVING THE OLDE LUMBERYARD, LLC URBAN RENEWAL SITE PLAN BE IT RESOLVED BY THE BROOMFIELD URBAN RENEWAL AUTHORITY: Section 1. The Authority has reviewed the Olde Lumberyard, LLC Urban Renewal Site Plan and finds it in compliance with the Broomfield Shopping Center Urban Renewal Plan. Section 2. This resolution is effective upon its approval by the Broomfield Urban Renewal Authority. APPROVED on June 25, BROOMFIELD URBAN RENEWAL AUTHORITY ATTEST: Chairman Secretary 9(c)/13(a) - Page 26

27 OWELUMBERYARD, LLC URBAN RENEWAL SITE PLAN & USE BY SPECIAL REVIEW LEGAL DESCRIPTION BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 69 WEST OF THE 6TH P.M. CITY & COUNTY OF BROOMFIELD, STATE OF COLORADO SHEET 10F2 LEGAL DESCRIPTION: A PARCEL OF LAND, LOCATED AT 765 W. 120TH AVENUE, BROOMFIELD, CO 80020, AND IN THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 69 WEST OF THE 6TH PM, COUNTY OF BROOMFIELD. STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS. BASIS OF BEARING IS UNASSUMED BEARING OF SOUTH 89 DEGREES 48'07 EAST ON THE SOUTH LINE OF THE SW QUARTER OF SECTION 25, TOWNSHIP I SOUTH, RA NOS 69 WEST OF THE 6TH PM. BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 89.48'03' EAST ALONG THE SOUTH LINE OF SAID SECTION 35 A DISTANCE OF FEET; THENCE NORTH 00.00'6' EAST, A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00'6W'EAST ALONG THE AFORESAID LINE A DISTANCE OF FEET; THENCE NORTH 89'40'06' WEST, A DISTANCE OF 7.00 FEET; THENCE NORTH DS SOS' EASTA DISTANCE OF FEET; THENCE NORTH 89.48'6' WEST, A DISTANCE OF FEET; THENCE NORTH 00.00'6' EAST A DISTANCE OF 20,00 FEET; THENCE NORTH B9.48'00'WEST, A DISTANCE OF FEET; THENCE NORTH 00.00'00', A DISTANCE OF FEET, THENCE SOUTH 45.25'00' WEST, A DISTANCE OF FEET; THENCE NORTH 6.00'OU EASTA DISTANCE OF FEET TO THE SOUTHWESTERLY RIGHT OF THE WAY LINE OF THE COLORADO & SOUTHERN RAILWAY; THENCE SOUTH 57.33'00' EAST ALONG SAID RIGHT OF WAY FEET; THENCE NORTH 6.OU6' EASTALONG SAID RIGHT OF WAY 36,41 FEET; THENCE SOUTH 55.48'S1- EAST, A DISTANCE OF FEET; THENCE NORTH ' WEST, A DISTANCE OF FEET; THENCE SOUTH D'0000' WEST, A DISTANCE OF FEET TO A POINT30.00 FEET NORTH OF THE SOUTH LINE OF SECTION 35, THENCE NORTH 89.48'6' WESTALONG A LINE FEET NORTH AND PARALLEL TO THE SOUTH LINE OF SECTION 35, A DISTANCE OF FEET TO THE POINT OF THE BEGINNING SAID PARCEL CONTAINS 159, SQUARE FEET, AND IS SUBJECT OF ALL RIGHTS OF WAY, EASEMENTS, AND RESTRICTIONS OF RECORD OWNER OLDELUMBERYARD, LLC CIO: CRAIG WALSTAD PO BOX 173 HYGIENE, CO (720) PLANNING/ENGINEERING: PERMONTES GROUP, INC. 625 MAIN STREET LONGMONT, CO (720) PHONE CONTACT: MICKEY LEYBA MLEYBA@PERMONTESGROUP.COM ZONING INFORMATION B.2 (GENERAL BUSINESS DISTRICT) THIS PROPERTY ALSO LIES WITHIN THE BROOMFIELD SHOPPING CENTER URBAN RENEWAL PLAN AREA WHICH ALLOWS USES PROVIDED FOR IN THE UNDERLYING ZONE DISTRICT. THE EXISTING USE ISAN OFFICE AND LANDSCAPING SUPPLY STOCKYARD. A USE WHICH IS NOT NECESSARILY ALLOWED BYSPECIAL REVIEW. HOWEVER, THIS USE IS SIMILAR TO AND WE ASK TO BE CHARACTERIZED BY ASA *BUILDING SUPPLY YARD' WHICH ISA PERMISSIBLE USE BY SPECIAL REVIEW. THE PROPOSED USE IS NOT CHANGING, BUT THE SITE WILL BE MODIFIED TO BECOME MORE NEARLY CONFORMING TO THE LANDSCAPING AND SCREENING REQUIREMENTS PROVIDED IN THE BROOMFIELD MUNICIPAL CODE AND CHARTER. BUILDING HEIGHT MAX. 40 FEET OWNER'S APPROVAL & NOTARY CERTIFICATE: BY SIGNING THIS USE BY SPECIAL REVIEW SITE PLAN, THE OWNER ACKNOWLEDGESA74DACCEPTS ALL OF THE REQUIREMENTS AND INTENT SET FORTH HEREIN. OWNER CRAIG WALSTAD OLRE LUMBERYARD, LLC PO BOX 173 HYGIENE, 00@7533 I NOTES: VICINITY MAP NOT TO SCALE THE INTENT OF THIS USE BY SPECIAL REVIEW APPLICATION IS TO OBTAIN APPROVAL FOR THE PERMITTED USE OF A BUILDING SUPPLY YARD. 2 DEBRIS 1107 RELATED TO THE CURRENT USE SHALL BE CLEANED UP AND REMOVED WITHIN 39 DAYS FROM THE DATE OF APPROVAL OF THIS USE BY SPECIAL REVIEW APPLICATION. 3. HOURS OF OPERATION FOR TRUCK DELIVERIES AND PICK UP OF SUPPLIES 7AM TO7PM 4. PARKING SHALL RE REGULATED IN CONFORMANCE WITH TITLE OF THEBROOMFIELDMUIIICIPAL CORE. 5. SIGNS SHALL BE REGULATED IN CONFORMANCE WITH TITLE OF THE BROOMFIELDMUNICIPAL COD PROPERTY SETBACK INFORMATION: BUILDING SETBACKS (EXISTING BUILDING): FRONTIROW(720THAVE)' MIN. 2 FEET REAR(RAILROAD(' MIN. 25 FEET SIDE(WESTIMERALD LN(: MIN. 25 FEET SIDE (EAST: MN,7 FEET PLANNING & ZONING COMMISSION CERTIFICATE: THIS USE BY SPECIAL REVIEW& URBAN RENEWAL SITE PLAN IS RECOMMENDED FOR APPROVAL BY THE CITY AND COUNTY OF BROOMFIELD PLANNING AND ZONING COMMISSION THIS DAY OF 20_ H. OWNER ACKNO7ILESGEU THAT PSCO OWNS AND OPERATES EXISTING ELECTRIC DISTRIBUTION FACILITIES WITHIN THE PROPERTY. CRAIG WALSTAD, OWNER OWNEWDEVULOPERICONTRACTOR MUST CONTACT THE BUILDERS CALL LINE AT AND COMPLETE THE APPLICATION PROCESS FOR ANY NEW GAS OR ELECTRIC SERVICE, OR MODIFICATION TO EXISTING FACILITIES DESIGNED BY: NOTARY CERTIFICATE: 7. THE TENANT AND/OR OWNER SHALL INSPECT THE SITE ON A MONTHLY BASIS TO ENSURE COMPLIANCE WITH THIS PLAN. ANY NON-COMPLIANCE IDENTIFIED SHALL BE BROUGHT INTO COMPLIANCE WITHIN 30 DAYS CHAIRMAN SECRETARY DRAWN BY' STATE OF COLORADO 8. THERE SHALL BE NO BUILDING, STORAGE, PARKING OR OPERATIONS WITHIN THE 25 FOOT LANDSCAPE BUFFER AND 25 FOOT CLEAR ZONE ADJACENT TO CHECKED By. CITY AND COUNTY OF BROOMFIELD NOTARY CERTIFICATE SUBSCRIBED AND SWORD TO BEFORE ME THIS DAY OF,2013, BY CRAIG WALSTAD, OWNER OF OLDS' LUMBERYARD, LLC, WITNESS MY HAND AND OFFICIAL SEAL THE WEST PROPERTY LINE ABUTTING RESIDENTIAL ZONING. THERE SHALL BE NO PARKING WITHIN THE 20 FOOT CLEAR ZONE ALONG THE NORTH LINE OF 7997 EMERALD LANE 9. THE 25 FOOT LANDSCAPE BUFFER SHALL BE INSTALLED WITHIN 30 DAYS OF APPROVAL OF THIS USE BY SPECIAL REVIEW PLAN. ALL LANDSCAPING SHALL SE WATERED ON A REGULAR BASIS TO ENSURE VIABILITY. ANY DEAD LANDSCAPING SHALL BE REMOVED AND REPLACED WITHIN 30 DAYS. WEATHER PERMITTING, AND NO LATER THAN 6 MONTHS IF DELAYED BY WEATHER 10. ALL GATES AND FENCES SHALL BE MAINTAINED IN GOOD CONDITION TO ENSURE SCREENING, OPERATIONS (FOR THE GATES) AND VISUAL AESTHETICS ANY REPAIRS, REPLACEMENTS OR CLEAN-0P, INCLUDING GRAFFITI ABATEMENT, SHALL BE MADE WITHIN 30 DAYS. CITY COUNCIL CERTIFICATE: THE USE BY SPECIAL REVIEW& URBAN RENEWAL SITE PLAN IS HEREBY APPROVED BY THE CITY COUNCIL AND THE URBAN RENEWAL AUTHORITY OF THE CITY AND COUNTY OF BROOMFIELD, COLORADO ON THIS DAYOF 20, RECE APPROVED BY PROJECT NO BATE 12/10712 SCALE: AS SHOWN NOTARY PUBLIC MY COMMISSION EXPIRES 11. ORGANIC CONTAINMENT SHALL BE LIMITED TO8 FEET IN HEIGHT AND CONTAINED IN BINS. 12. SEASONAL ORGANIC TRANSFER AREA WILL BE USED FOR TEMPORARY PLACEMENT OF SEASONAL ORGANICS, WHICH MAY CONTAIN TREE LIMBS, GRASS, CLIPPINGS, ETC. MATERIALS WILL THEN BE LOADED INTO BINS TO BE TRANSPORTED OFFSITE FOR MULCHING AS THERE SHALL BE NO MULCHING O7y.SITE. MAYOR CITY CLERK 9(c)/13(a) - Page 27 SHEET NO. Cl SHEET 1OF 2