1. Planning and Zoning Division Jefferson County 14-106880RZREHARING To amend existing Planned Development zone district to allow for mini-warehouse storage. Case Name:Tri-Star Office Park ODP AMD 1 Location:26239 & 26209 Clark Avenue, 9911 and 9891 Renaud St Case Manager:Alan Tiefenbach

2. Planning and Zoning Division Jefferson County Background:  This rezoning was originally heard by the Planning Commission on August 27, 2014. The Planning Commission recommended approval with a condition that the Plan Exception they granted would remain with the property if the BCC denied the request.  On September 9, 2014 the BCC unanimously denied the request.  BCC concerns included parking, lighting, drainage, compatibility with the area, and difficulty enforcing hours of operation.  In July 2015 the applicant’s representative requested a rehearing based on a section of the Zoning Resolution that allows a rezoning application that was denied to be reheard if it is determined there had been a “substantial change” to the application.  At an August 18, 2015 briefing the Board determined there was a substantial change and granted new hearings.  Staff continues to recommend denial.  Only new changes to the ODP are a requirement that 24 hour contact information be posted on site in case of complaints, and increase in fence height from 6 feet to 8 feet.

3. Planning and Zoning Division Jefferson County Location of subject property

4. Planning and Zoning Division Jefferson County Rezoning Request Overview:  Currently zoned PD titled the Tri-Star Office Park ODP. PD established in 2007 (05-166036RZ) to allow for commercial uses: o Office: 6,000 square feet maximum. o Retail: 11,700 square feet maximum. PD does not allow for mini-warehouse, which is considered light industrial use. Other general development standards established: setbacks, building heights, lighting, signage, architectural, landscaping, fencing, etc.  Proposed rezoning: Amend PD zoning to allow for mini-warehouse use. All other existing development standards would be carried over.

5. Planning and Zoning Division Jefferson County Staff’s Evaluation with the Comprehensive Master Plan (CMP) and Conifer/285 Corridor Area Plan:  Review Criteria Sections: 1. Land Use All Development Area Plan Recommendation (Conifer/285 Corridor Area Plan) 2.Physical Constraints Wildlife and Vegetation 3.Community Resources Air, Light, Odor & Noise 4.Infrastructure, Water and Services Transportation Water and Wastewater Services

6. Planning and Zoning Division Jefferson County Aspen Park/Conifer Village Center:  Area 1: Retail/Office  Area 6 & 7: Mountain Light Industrial Subject Property Area 1

7. Planning and Zoning Division Jefferson County Staff’s Evaluation with the CMP-SP continued:  Review Criteria Sections: 1.Land Use: All Development, and Area Plan Recommendation Subject site recommended for Retail and Office Mini-warehouse use = light industrial Proposal requires a Plan Exception for light industrial use.

8. Planning and Zoning Division Jefferson County Staff’s Evaluation with the CMP continued:  Review Criteria Sections: 2.Physical Constraint: Geological Hazards & Constraints and Wildlife/Vegetation o Not located in a zoned or unzoned geological hazard area. o No wildlife or wildfire issues to consider. 3.Community Resources: Air, Light, Odor and Noise o Air: Impacts to Air Pollution will be consistent to what is currently allowed. o Staff does have concerns with 24 hour securing lighting that is often required with self- storage. o Odor: No additional impacts to Odor is anticipated. o Staff does have concerns with possible after hours use of the facility.

9. Planning and Zoning Division Jefferson County Staff’s Evaluation with the CMP-SP continued:  Review Criteria Sections: 4.Infrastructure, Water & Services: Transportation, Water & Wastewater and Services o Transportation and Traffic: Access is via County Maintained roads. o Services: a.Elk Creek Fire Protection District. o Water and Wastewater: a.Private well and OWTS

10. Planning and Zoning Division Jefferson County Staff’s Evaluation with the CMP continued:  Plan Exception: o Plan recommends commercial uses for subject property. o Plan Exception request required for the light industrial use (mini-storage). o Based on 3 criteria: 1.Purpose of rezoning is to address a unique situation, and 2.Negative impacts related to proposed uses can be mitigated or eliminated or are comparable to the recommended land uses; and 3.The exception to allow for light industrial where commercial is recommended is not considered to be setting a precedent. o Staff does not support the Plan Exception request.

11. Planning and Zoning Division Jefferson County Findings and Recommendation:  Staff recommends that the Planning Commission recommend DENIAL of Case Number 14-106880RZ based on the findings in the staff report.