Meeting Date: January 12, 2016 COUNCIL COMMUNICATION Agenda Item: Agenda Location: Public Hearing Work Plan # Legal Review: 1 st Reading 2 nd Reading Subject: A resolution upholding the decision of the Development Permits and Appeals Board (DPAB) approving a development permit/specific use permit (DP/SUP) to develop a 97,353 square-foot selfstorage mini-warehouse on the west side of Washington Street and south of Pennsylvania Street (Qwest Thornton Central Office Subdivision, Lot 2A). Recommended by: Jeff Coder Approved by: Jack Ethredge Ordinance previously Presenter(s): Mike Mallon, Planning Manager introduced by: SYNOPSIS: This public hearing was continued from the December 15, 2015 City Council meeting since the appellant was not able to attend due to weather that prevented his plane from leaving Salt Lake City. Staff recommends that City Council uphold the decision made by the Development Permits and Appeals Board (DPAB). DPAB unanimously approved the DP/SUP for a 97,353 square-foot selfstorage mini-warehouse on November 10, 2015. The attorney for the adjacent property owner (Stor N-Lock, Appellant) subsequently filed an appeal of the decision. The Appellant challenged the Specific Use Permit (SUP) criteria as listed in Section 18-52 of the Thornton City Code. See attached appeal letter. In hearing an appeal the Council shall conduct a new public hearing. The standard of review shall be the performance standards or criteria contained in Chapter 18 or other written document or plan adopted by Council. RECOMMENDATION: Staff recommends Alternative No. 1, upholding the decision of the DPAB approval of the DP/SUP. Development Permits and Appeals Board: On November 10, 2015, the City of Thornton DPAB voted unanimously to approve the applicant s request for a DP/SUP for the site plan, landscape plan, and architectural elevations for a 97,353 square-foot self-storage mini-warehouse (Resolution DP 2015-014). The DPAB decision was based upon the following criteria from Section 18-50 and 18-52 of the Thornton City Code: The proposed development meets the requirements of Chapter 18 and other applicable development regulations standards, requirements or plans adopted by the Council; The proposed use will complement or be compatible with the surrounding uses and community facilities; The proposed use will contribute to, enhance, or promote the welfare of the area of the request and adjacent properties; The proposed use will not be detrimental to the public health, safety, or general welfare. The proposed use conforms in all other respects to all applicable zoning regulations and standards; and
COUNCIL COMMUNICATION PAGE 2 The use is consistent with the Comprehensive Plan. DPAB found in Resolution DP 2015-014 that the requirements of Section 18-52 have been met as follows: The proposed self-storage mini-warehouse use will be compatible with the surrounding uses, which are self-storage mini-warehouse, an office building, a Montessori school, and a manufacturer. The fact that the proposed use is the same as an existing and adjacent use, a mini-warehouse, satisfies the required compatibility requirement. The proposed use will contribute to, enhance, and promote the welfare of the area of the request and adjacent properties by developing a vacant infill parcel. The incidental benefits of developing a vacant parcel of land is an enhancement to the community as a whole by giving residents and businesses more choices and adjacent properties by presenting a robust and fully developed commercial area. The proposed use will not be detrimental to the public health, safety, or general welfare. The proposed self-storage mini-warehouse use conforms in all other respects to all applicable zoning regulations and standards. The proposed self-storage mini-warehouse use is consistent with the Comprehensive Plan as being a stated use and therefore will facilitate implementation of the following goals of the Comprehensive Plan: 5.5.4 Ensure that all new residential neighborhoods are adequately served by quality community and neighborhood scale commercial centers at appropriate locations. 6.2.1 Promote the development and maintenance of healthy, sustainable, and viable commercial centers. BUDGET/STAFF IMPLICATIONS: None. ALTERNATIVES: 1. Uphold the decision made by DPAB, by approving the DP/SUP request. The applicant would then be allowed to build the proposed mini-warehouse as proposed. 2. Overturn the decision made by DPAB, by denying the DP/SUP request. The applicant would then not be allowed to build the proposed mini-warehouse. If Council selects this option, the Code requires Council to state their rationale for overturning the DPAB decision. 3. Amend the DP/SUP application or impose any reasonable conditions on the issuance of the DP/SUP. 4. Remand the application for additional evidentiary findings or for an additional public hearing to DPAB. BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY): The Appellant has challenged the SUP criteria as follows: The proposed use will contribute to, enhance, or promote the welfare of the area of the request and adjacent properties. How does this contribute to, enhance, or promote the welfare of Stor- N-Lock? Our occupancy over the past five years has ranged from 68% to 92%. We are
COUNCIL COMMUNICATION PAGE 3 currently at a cyclical higher range, but the occupancy fluctuates yearly. This additional storage will be very slow to fill up and create an over-supply in the market. The proposed use conforms in all other respects to all applicable zoning regulations and standards. Is a self-storage the best use for this parcel in light of the low number of employment opportunities? The use is consistent with the Comprehensive Plan. When we purchased and built our project in 1998-99 the zoning to the south called for office type uses. We relied on this. How can this assurance be violated? Stor-N-Lock also made the following arguments: Comprehensive Plan Designation - Employment Center. What is an employment center? A mini storage only employs 2-4 people. An office use would create more employment. The layout does not take into account the fire gate on our south border, which was required by the city when we built. This new project blocks that access. That is a significant problem. City staff response: The proposed use enhances the welfare of the area of request and the entire City by providing competition. Competition lowers prices which is a benefit to the residents and businesses of the City. Potential competition is not a basis on which to deny a Specific Use Permit (SUP). The proposed use is allowed in the Industrial zoning district with an SUP. The market determines the highest and best use for a property among the allowed uses in a given zoning district. At the time of construction of the Stor-N-Lock, the zoning for both properties was Industrial, not office. The name of the subdivision is Qwest Thornton Central Office, but the name doesn t control the uses allowed. The Employment Center Future Land Use Map designation includes Office Parks, Corporate Campuses and Industrial Parks of which light manufacturing, office/warehouse and similar office support uses and services make up the business infrastructure for the corporate campus uses. Mini-storage was interpreted as being similar to office/warehouse as a supportive service. The existing gate on the south border of the Stor-N-Lock was not required by the City for fire access, and was not shown on the approved Development Permit for Stor-N-Lock. The Thornton Fire Department has determined that the gate would not be used for fire access. The gate may have been installed to make access for maintenance of the south side of the existing wall easier. The applicant for the Qwest Storage development has verbally agreed to provide an easement for Stor-N-Lock to maintain the south side of their wall. On November 10, 2015, DPAB voted unanimously to approve the request by the applicant for a DP/SUP. Stor-N-Lock filed an appeal of the approval on November 16, 2015. The Appellant s appeal was submitted in accordance with the development review procedures contained within Chapter 18 of the Thornton City Code. For additional background on this application, refer to the attached DPAB Staff Report.
COUNCIL COMMUNICATION PAGE 4 PUBLIC NOTICE AND RESPONSE: Public Notification: All landowners within at least 1,500 feet of this site were sent notice of the public hearing ten days prior to the December 15, 2015 public hearing date. A public notice of the hearing was advertised in the Northglenn-Thornton Sentinel on December 3, 2015. Notification of the City Council hearing was posted on the property for ten days prior to the December 15, 2015 public hearing.
R E S O L U T I O N A RESOLUTION UPHOLDING THE DECISION OF THE DEVELOPMENT PERMITS AND APPEALS BOARD (DPAB) APPROVING A DEVELOPMENT PERMIT/SPECIFIC USE PERMIT (DP/SUP) TO DEVELOP A 97,353 SQUARE-FOOT SELF-STORAGE MINI-WAREHOUSE ON THE WEST SIDE OF WASHINGTON STREET AND SOUTH OF PENNSYLVANIA STREET (QWEST THORNTON CENTRAL OFFICE SUBDIVISION, LOT 2A). WHEREAS, DCB Construction Company is the developer ( Developer ) and Qwest Corporation is the owner ( Owner ) of certain real property ( Property ) within the City of Thornton ( City ), commonly described in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the Property is zoned Industrial ( I ); and WHEREAS, the Developer is desirous of developing the Property for a self-storage mini-warehouse; and WHEREAS, the proposed use is consistent with the approved zoning for this Property; and WHEREAS, the proposed DP/SUP is consistent with the goals and desires of the City, and provides for orderly growth within the City, and allows for a beneficial, profitable and efficient use of said Property; and WHEREAS, in order to develop the Property, the Developer with the approval of the Owner, has submitted an application for a DP/SUP (the Application ) on the Property; and WHEREAS, the 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 Application, and all supporting documents attached thereto, is hereby incorporated as if fully set forth herein; and WHEREAS, on November 10, 2015, a public hearing was conducted before the Development Permits and Appeals Board on the Application pursuant to the procedural and notice requirements of the City Charter and Chapter 18 of the Thornton City Code, and the Board approved the Application by Resolution DP 2015-014; and WHEREAS, Stor-N-Lock Partners #15, LLC (the Appellant ) is requesting City Council overturn the decision of the Board approving the Application for a self-storage mini-warehouse located on the west side of Washington Street and south of Pennsylvania Street (Qwest Thornton Central Office Subdivision, Lot 2A); and
WHEREAS, the Appellant has filed and the City Development Department has accepted an appeal application (the Appeal) and the matter was set for public hearing on December 15, 2015 before City Council; and WHEREAS, at the December 15, 2015 public hearing the City Council continued the public hearing to the January 12, 2016 City Council public hearing; and WHEREAS, the Appellant and the City have complied with all of the procedural requirements and the legal posting, as required by the Thornton City Charter and Chapter 18 of the Thornton City Code, in connection with the public hearing; and WHEREAS, all of the exhibits submitted in connection with the Appeal, including all the documents submitted as required by the Code, were complete and shall be considered as a part of the record; and WHEREAS, the City Council, having heard the testimony of the Owner, Developer, Appellant, and others, having received the evidence in connection with the Appeal, having heard statements and recommendations of the City s professional staff, and based upon this evidence and the record before City Council at the public hearing concerning the Appeal, makes the following findings, conclusions and decision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS: 1. City Council finds that, based on the Application and Appeal submitted, it has jurisdiction over the subject matter of the Appeal and is thereby authorized to decide the Appeal. 2. The City Council has followed the Appeal process pursuant to Section 18-50 (b) and has considered whether the requested DP/SUP satisfies all of the following requirements of Section 18-50 and Section 18-52: a. The proposed development meets the requirements of Chapter 18 and other applicable development regulations standards, requirements or plans adopted by the Council; b. The proposed use will complement or be compatible with the surrounding uses and community facilities; c. The proposed use will contribute to, enhance, or promote the welfare of the area of the request and adjacent properties; d. The proposed use will not be detrimental to the public health, safety, or general welfare; e. The proposed use conforms in all other respects to all applicable zoning regulations and standards; and 2
f. The use is consistent with the Comprehensive Plan. 3. That the decision of the Development Permits and Appeals Board approving the DP/SUP is hereby upheld for the following reasons: a. The proposed development meets the requirements of Chapter 18 and other applicable development regulations standards, requirements or plans adopted by the City Council; b. The proposed self-storage mini-warehouse use will be compatible with the surrounding uses, which are self-storage mini-warehouse, an office building, a Montessori school, and a manufacturer. The fact that the proposed use is the same as an existing adjacent use, a mini-warehouse, satisfies the required compatibility requirement. c. The proposed use will contribute to, enhance, and promote the welfare of the area of the Application and adjacent properties by developing a vacant infill parcel. The incidental benefits of developing a vacant parcel of land is an enhancement to the community as a whole by giving people who live and work in the City more choices by presenting a robust and fully developed commercial area. d. The proposed use will not be detrimental to the public health, safety, or general welfare. e. The proposed self-storage mini-warehouse use conforms in all other respects to all applicable zoning regulations and standards. f. The proposed self-storage mini-warehouse use is consistent with the Comprehensive Plan as being a stated use and therefore will facilitate implementation of the following goals of the Comprehensive Plan: i. 5.5.4 Ensure that all new residential neighborhoods are adequately served by quality community and neighborhood scale commercial centers at appropriate locations. ii. 6.2.1 Promote the development and maintenance of healthy, sustainable, and viable commercial centers. 3
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Thornton, Colorado, on, 2016. CITY OF THORNTON, COLORADO ATTEST: Heidi K. Williams, Mayor Nancy A. Vincent, City Clerk 4