Planning Commission - Regular Meeting

Tuesday, May 5, 2026
Transcript
Video
Agenda

About this meeting

Government Body
Planning Commission
Meeting Type
Planning Commission
Location
Arapahoe County, CO
Meeting Date
May 5, 2026

Transcript

389 sections (from 447 segments)

0:030

Alright.

0:05 – 0:181

Alright. I call this meeting of the Arapahoe County Planning Commission of 05/05/2026 to order. We will call the roll, the attendance roll.

0:212

Thank you. Chair Miller.

0:27 – 0:392

Chair Pro Tem Morehouse. Present. Commissioner Howe. Present. Commissioner Saul.

0:393

Present.

0:42 – 0:562

Commissioner Salve. Present. And commissioner Wolf. Present. And commissioner Lassus is absent and excused. And with that, we have a quorum.

0:56 – 1:241

Thank you. Just real quick, is there it could just be me, but does everybody hear Eva okay? Or is there any way we can boost that a little bit? Thank you. Appreciate that. All right. Alright. Good evening, everybody. Tonight's planning commission is available live in person and, through call in. We are, also streaming this meeting on the website, arapahogov.com.

1:25 – 2:001

Please note that the website broadcast is delayed twenty to thirty seconds. If you're not in the meeting room and you would like to speak, regarding a public hearing, make certain, to please call 85523 I'm sorry. (855) 436-3656. So Just to be clear, the public is invited to participate in this meeting tonight. The public meeting or public hearing items tonight are quasi judicial in nature.

2:00 – 2:371

The Planning Commission must limit their consideration to, matters that are on the record included in the staff recommendations, the applicant's presentation, public comment from the hearing and those who have and those received before the hearing. So we have three public hearing items for tonight. Before we begin, does any member or I'm sorry, I'm like missing a piece, aren't I? Hold on. Approval of the minutes. Is that not am I missing that in the notes?

2:374

No. We didn't. There is none. There

2:391

is none?

2:404

None tonight.

2:41 – 3:151

Okay. Thank you. I just noticed that as I was reading. Nope. That's fine. Just give me a second here. Alright. So does any commissioner have any conflicts for tonight's? Nope. Alright. Very good. Alright. So tonight, we're scheduled for three public hearings. For each case, the staff will introduce and provide a staff presentation. The presentation from the applicant will follow.

3:15 – 3:531

After that, the Planning Commission will receive a receive public testimony on each of the matters. I'd like to remind everybody that all presentations, comments and questions are to be directed towards us, the Planning Commission, and not to presenters or the gallery. So we are going to start with case number GDP 20 five-three, Residence at Platte Canyon. So Planning Commission will now consider the case. Will our county attorney confirm that the board has jurisdiction?

3:53 – 4:160

Sure. With regard to the first matter for the Planning Commission at this time for public hearings, specifically case number GDP25003, residences at residences at Platte Canyon, the general development plan. The record contains evidence consistent with the requirements of chapter five section two of the Arapahoe County Land Development Code indicating that notice was provided by a signage and mailing. The planning commission has jurisdiction to proceed with

4:161

the public hearing this evening. Very good. Can can staff confirm that we are making recommendations to the board of county commissioners or do we have the final say in this?

4:275

The planning commission will be right making recommendation to the board of county commissioners on this application.

4:321

Thank you very much. Go ahead. Please introduce yourself and go right ahead.

4:37 – 5:145

Kat Hammer, senior planner with Arapahoe County Public Works. The application before you tonight is for a plan unit development, the three step process. The first application is a general development plan. The applicant, Highline Development Company, on behalf of five property owners, is requesting a positive recommendation on this GDP, which includes eight parcels, to allow for single family detached homes at a density of four to six dwelling units per acre. And the applicant is at also requesting some flexibility, and it also seeks to allow single family attached, products at a density of up to 16 dwelling units per acre.

5:15 – 5:525

On the screen, you'll see the location. It is adjacent to the South Platte Canyon Road. It is the these eight parcels here shown in the black, but the proposed access one of the proposed access is in Jefferson County just to the Southwest of Arapahoe County properties. There is single family residences to the west, and then this is a apartment complex. And then it is this is a detention facility for this apartment complex, and then there is the South Platte Nature Center to the south.

5:55 – 6:365

As I mentioned, the applicant's proposing single family attached or detached units. The two access points are shown here on the screen with the stars, with the northerly one being proposed as emergency vehicle only at this point and the southern one in Jeffco, as I mentioned earlier. The applicant is proposing on-site open space and detention on the north of the property here. And if this application is approved, the applicant will be required to submit, additional applications, including specific development plan, which would come before the planning commission for decision and administrative site plan and then the planning preliminary plat and final plat. And the planning commission would see the preliminary plat for recommendation prior to going to the board.

6:38 – 7:055

The properties are on platted right now, zoned mixed use residential and open space. The mixed use zoning was set in place in 1988, which allows for residential office and self storage. The properties are largely vacant with the exception of four single family homes. The applicant held a neighborhood outreach meeting, in August 2025 at the Columbine Library. 12 members of the public attended.

7:06 – 8:015

On the screen, you'll see a number of concerns that were brought to the attention of the developers during that meeting and are further described in your staff report and the neighborhood outreach packet which was provided. The comprehensive plan designates this property as urban residential single family detached and attached, intended to prove contain primarily residential development with a browse variety of housing types. And the density range for single family attached development would be one to eight dwelling units per acre. If they were to do it in attached or small multifamily development, the comprehensive plan allows for 16 to 18 dwelling units per acre. On this next slide here is a number of criteria that's in the comprehensive plan, which would, which have to be met in order for the applicant to move forward with the, attached product at a dwelling or a density of eight to 16 dwelling units per acre, and that is further described in the staff report.

8:04 – 8:545

The comprehensive plan, goals and policy that this application meets, directing growth into the urban area, encouraging infill development and redevelopment, requiring adequate wastewater and water, and ensuring educational needs of the new development and compatibility between new development and existing neighbors. The land development code has a number of criteria in order for a GDP to be approved, generally conforming to the comprehensive plan, as I mentioned previously, complies with the standards for conventional rezone. It represents an improvement in quality over the strict application of the other zone districts. I would like to mention when the applicant came in for a presubmental meeting back in fall of twenty twenty five, the land development code did not include multifamily or the mixed use zone districts. That was adopted afterwards.

8:54 – 9:495

So the applicant was directed to go through the planned unit development route. Consistent with the planned unit development districts, any modifications are warranted. And additionally, there's a criteria in the land development code that the building heights will not create adverse impacts, efficient use of the land, and street and trail connectivity, and access to open space, and efficient general layout of major water sewer and storm drainage areas. I did wanna mention that the applicant did include a note on their plan set indicating that they would provide a safe pedestrian bike connect or cross across South Platte River as the project evolves. If this application is approved and that the applicant, is working with Flat Canyon Water and Sanitation in order to be, included in their, district.

9:49 – 10:295

Right now, the property some of the property is in within one zone water and sanitation districts. Another part of the property is in another water and sanitation district, and some of the parcels are not included in any water and sanitation district. So if this application is approved in order to move forward, they would need that will serve letter from that district indicating that they've been included in that district and that they can serve them. Staff is recommending one condition of approval to address Colorado geological surveys comment, requesting a comprehensive preliminary geotechnical investigation. During the review period, the applicant submitted a, technical review, geotechnical investigation.

10:29 – 11:195

It was just for part of the site. And when we were sent the referral out to the Colorado geological survey, they did not request a full comprehensive geo geotechnical report at this time. But with the next application, if this was approved, that's when they wanted to see the full geotechnical. So in looking at the condition, staff is, requiring that the applicant provide that full geotechnical report within sixty days if this application is approved, and the applicant is aware of that. Two people from the public sent emails to staff regarding, existing traffic and potential improvements on South Black Canyon, safety concerns with West Canyon Trail entry as well as parking and overflow in that area, discrepancy in the project scope, and light noise and property value concerns.

11:20 – 12:015

I did speak to one person last week on the phone who requested the trans TIS traffic impact study report as well as the communication and referral requests sent to CDOT, And those were provided to that app or to that, member of the public. Staff finds that this application generally conforms to the comprehensive plan, and it meets, the land development code, zoning regulations, and procedures as stated in the report as well as supplemental documents. And on the screen, you'll see the one condition of approval that staff is recommending that the applicant provide that document within sixty days if this is approved. I stand for any questions, and the applicant does have a presentation.

12:021

Any questions for staff? Please do.

12:054

This is commissioner Savay. You said early on in the presentation, I thought I heard you say that there are currently four single family homes on the property. Did you say that?

12:145

Yes. It looks like that from the aerial that there were about four residences on the properties. So what would

12:204

happen to those? We is that premature question?

12:245

The applicant might average once they last,

12:264

but they Okay.

12:275

They're not slated to stay if this were to

12:294

be appropriate. I kinda figured that. And then my second question is regarding the traffic study. Just for the record, what does

12:365

it show? I'll ask engineering to respond to that. Okay. Thank you.

12:431

Anybody else?

12:444

He's coming up.

12:46 – 13:246

Good evening. My name is Joseph Wharton. I'm the case engineer for this project. So the traffic impact study reveals the level of service that shows the that measures the qualitative measure of traffic flow or in short, the it measures the the traffic congestion. So we have level of service a through f, where a means level of service is free flow, high speed, and you have the tendency to maneuver, where level of service f is breakdown of flow.

13:24 – 13:586

So the report traffic steady report shows that within we have the background traffic. It has has it has twenty twenty seven, two thousand thirty two and two thousand forty seven. That is the build out. So the background traffic, is that is the traffic without the development the traffic without development. So that shows level of service a to d level of service a to d.

13:58 – 14:336

The county requires level of service d or better. And this is going to be compared with total traffic when the project comes to force. So with 2027, the year 2027 and the year 2032, when the we have the total traffic where the development volume is added to the background traffic, the level of service still became a to d, which means, there's no impact compared. So the level of service still means A to D, which is better.

14:344

Thank you.

14:405

Any other questions for staff or I'll ask the applicant to come up?

14:44 – 14:591

All all good for now. Thanks. We'll now hear from the applicants. Go ahead.

14:59 – 15:447

Good evening, Planning Commission. My name is Matt Norcross with PCS Group. On behalf of Highland Development Company, we are presenting the general development plan for the residences at Platte Canyon. Thank you for your time and consideration. I'll start by introducing the project team. I'm Matt Norcross, as I said, with PCS Group. I'm the landscape architect on the project. Representing the applicant is Dash Stedem with Highland Development Company. We have Charlie Keener with Brightlighter Civil Engineering, and we have Brandon Wilson with SMROCA, our traffic engineer as well. We'll be available to answer questions at the end of the presentation. Very briefly, Dash will discuss Highland Development Company and the type of projects they work on. Hi.

15:46 – 16:248

Good evening. Thanks for thanks for having me. I'm Dash Steadham. I'm here representing the ownership group for Highland Development Company. We are a locally Colorado based development firm. We've done projects all up and down the Front Range and into the mountains a little bit in Winter Park. So most of our focus has been on for sale products on these kind of medium sized subdivisions, so five to 10 acres, call it. And that's where we like to play. We're not one of the big guys. We're not one of the super small guys, but these intermediary sites are really where we tend to thrive as a as an organization.

16:24 – 16:468

We're fully vertically integrated company. So we do the development, the construction, so soup to nuts, all of the development work. We work with great team members like this to bring these sort of ideas to life and get them into the the public realm here. So I'll be here to answer any questions, and thank you for your time and your consideration.

16:499

Thank you, Dash.

16:52 – 17:277

This this vicinity map shows the project area, which combines eight privately owned parcels of land that is approximately 11 acres in size. The site is bordered to the west by South Platte Canyon Road and the existing neighborhood of primarily single family detached homes with some attached multifamily units to the west. Open space buffers are generally to the north and south and south plat reservoirs to the east. There is a large multifamily complex further to the north and there are a couple small commercial pads further to the south. On the left is the existing zoning.

17:27 – 17:517

Most of the site is zoned r one a with smaller areas of mixed use and open space. A separate five half acre portion is in Jefferson County. Just for your information, it's zoned industrial. We don't plan on seeking rezoning on that piece. We're going to plan to leave it as landscaper open space buffer and only seek access in and out of the project through that parcel.

17:53 – 18:227

I'm sorry. What's my spot here? On the right is the urban area land use plan, which envisions redevelopment as single family detached or attached units. To provide flexibility, we are we are requesting planned unit development zoning, which allows single family detached at a maximum density of eight DU per acre or single family attached with a density range of eight to 16 DU per acre. As mentioned, we held a community outreach meeting in August 2025.

18:22 – 19:007

We mailed 51 notices and approximately 12 community members attended. The key concerns are traffic, vehicle safety along South Platte Canyon Road, and existing views to the east. Although this GDP although this is a GDP, we are showing a more detailed concept to demonstrate the intended site layout. Development is generally concentrated to the central portion of the site with open space and detention located to the north and primary access aligned with West Canyon Trail. Utility constraints are the key driver with the layout and our civil engineer can address those details as needed.

19:01 – 19:407

While we're seeking flexibility that allows either single family attached or attached units, the current direction is to go with approximately 30 to 35 single family detached homes. Emergency only access is proposed at the north end of the site. Building heights will be capped at 35 feet and the slight and the site slopes west to east towards the reservoir. We anticipate limited impacts to the eastward views by working with the existing grades and the height cap. The applicant also intends to provide a safe crossing of South Platte Canyon Road to connect to the existing Columbine Trail that is on the west side of that road.

19:42 – 20:047

We believe the application meets the approval criteria for the general development plan and planned unit development zoning. The project will be designed to comply with applicable land development code requirements, and we will continue to address potential impacts through subsequent review processes. And with that, we'll be happy to take questions.

20:091

Any questions for the applicant at this time? This

20:139

is Commissioner Morehouse. You indicate the density, but I didn't hear how many acres we're looking at developing.

20:237

The site is approximately 11 acres. We'll be developing about 10 of

20:289

Thank the you.

20:321

Go ahead.

20:33 – 20:504

Commissioner Savay, you mentioned that you have a traffic engineer on your team. I'd like to ask him to come up only if he has something additional or different than what we heard from our traffic engineer. Okay. Thank you.

20:551

Any questions from this side? Very good. Go ahead.

21:009

I'll ask the question then. Keep going. On the four dwellings that are on-site now, what is the plan for those? And

21:118

Likely, those homes will be will be demolished.

21:131

Up up to the Yeah. Sorry. Yeah.

21:158

Likely, those homes will be demolished if the the plan goes

21:189

And where are they currently located?

21:208

If you can see the it's to the northern half of the parcel there. Sorry. I don't know the best place. Kinda like He's got a laser pointer if you have it right. Alright. There we go.

21:307

Right over here. There's one.

21:328

So you have Cody's house. You've got Randy's, Cindy's, and then Randy's son there. So there's four four homes would be the ones who'd be demolished. Okay.

21:429

So they're close to the at the Canyon and on the northern part?

21:4710

Yes. Okay.

21:488

Yes. And the southern the southern component used to be a, I wanna say, concrete batch plant. So, there's some small concrete structures down there.

21:5810

Thank you. Nothing of note. Thanks.

22:07 – 22:431

Thank you very much. Thank you. We have nobody signed up to speak in house here about this matter. Is there anybody that of the public that wishes to address the board here concerning this applicant. Alright, very good. Ms. Eva, do we have anybody that is on the line that wishes to speak to this case?

22:46 – 23:252

Chair Miller, we have two callers on the line. I don't know if they're calling about this one or the others, but I'll call them up and let's give them a minute and see. If the caller with the last four digits 9650 would like to speak please press 3 now. Also will the caller with the last four digits 4836 Please press 3 now if you'd like to speak on this item. Okay.

23:25 – 23:392

Here we go. I have one. Alright. Caller with the last four digits, 9650. You are live with the Planning Commission. Please state your name and address.

23:41 – 24:0911

Hi. This is Chris Pittman with at 5243 West Canyon Trail on the other side of the street, basically. I heard that that they're gonna provide safe passage to the Columbine Trail. I'm curious how that's gonna happen if there's no improvements planned for that intersection at West Canyon Trail. How are you gonna do a safe passage across two lanes of very high speed traffic?

24:131

Yeah. We'll we'll we'll get we'll answer everything at the very end. Alright. Caller, was there any anything else that you wish to ask? We'll ask all the questions at the

24:2211

very No. Other than what I already emailed in earlier today with the traffic concerns and whatnot, but nothing new.

24:301

Alright. Very good. Thank you very much.

24:33 – 24:472

Thank you. All right. We have one more caller on the line. Caller with the last four digits, 4836. You're live with Planning Commission. Go ahead. State your name and address.

24:49 – 25:1412

Josh Hoke. 6831WestRemingtonPlace. I'm a little ways down Platte Canyon. Well, my question was very similar to the last caller. Just interested in are we thinking there's going to be a light at that intersection? Are there gonna be turn lanes? And, again, also, how would safe passage work across to the Platte or to the Columbine Trail?

25:201

Very good. Anything else?

25:2312

No, that's it.

25:251

Very good. Thank you very much.

25:292

And with that, Chair Miller, we have no other callers on the line.

25:35 – 26:181

Very good. Thank you very much. Is there anybody else that would like to testify regarding this item? Right. Seeing none, public testimony is now closed. Are there any other comments or questions the commissioners would like to have answered and addressed by staff? Yeah, I do. Let's just go ahead and just answer the questions then or I guess we'll get the applicant here next. We don't have anything for staff. Just trying to think here for me.

26:181

Give me just a minute. So so, Kat, will this come back before us later on if we go if we have an approval?

26:29 – 27:075

So if this application is approved by the board, the next step would be the of the plan unit development. The site planning process would be a specific development plan, which, would require would come to the board for a decision. It wouldn't be a recommendation at that point. The the planning commission would make a decision on the next step of the site planning process. Additionally, that application will likely come the SDP application will likely come with a preliminary plat application, and that requires, planning commission recommendation to the board and decision by the board. The final plat would be a decision by the board. Okay. So at least two more times.

27:071

That's right.

27:0713

That's right.

27:071

Well, I'm just trying to check. Thank you.

27:091

So we added, like, a couple of go ahead.

27:13 – 27:274

Since you brought that up, Kat, so would the s s b STP, include more detail with regard to the questions that the people, that some of the citizens have asked?

27:27 – 28:195

Yes. So this first, application step, a general development plan, is really kind of a a concept plan with parameters of what type of development they're proposing and set density, set maximum building heights, and things like that. If this application is approved at the time of the STP, the the applicant will have to determine if they're gonna go with the attached product or the detached product and what that density is gonna look like. So it's not gonna be fully designed, but it will be much more articulate articulated with the site planning process. And that, in turn, will also provide an update to the tran transportation impact study, which will be referred to CEDAT, and the applicant is continuing to work with them on what improvements would be required based on as they define what they're gonna be proposing with their next application.

28:194

Thank you. Mhmm.

28:23 – 28:391

Okay. Very good. Would the applicant like to address the questions about the trail connection even though it's not really part of this, but, like, it helps everybody understand where we're headed? Sure. Just talk about that and intersections and traffic again.

28:39 – 29:197

Sure. I'll speak to the trail crossing that perhaps Brandon can speak to the intersection issue. I mean, frankly, we're just at a rezoning stage right now. We haven't gotten into the detail of what that crossing is going to be. The county has requested and the open space has requested that as part of this, we do implement some type of crossing there. We have committed to that. We don't know what that looks like. We're going to have to work with CDOT to figure out what that is. And I would imagine at the SVP level, we'll have maybe a preliminary design. And certainly at the ASP level, we'll have the final design for that crossing.

29:19 – 29:307

Just unclear as to what that looks like, especially given that it is a CDOT road we're dealing with at the moment, but we are committed to providing that connection. Very good.

29:34 – 30:0014

Good evening. Brandon Wilson, traffic engineer with SM Rocha. Question was, with this development, what's the intersection geometry going to be like at the West Canyon Trail and if it's going to be a signal. So to answer the first question, if there's going to be turn lanes, I think that there's a potential for that because we don't have a defined lane user density yet. Nothing's been determined for sure.

30:01 – 30:4414

But when we analyze the higher density, which is the multifamily, we do see that there is a potential for needing a southbound left turn deceleration lane. So you'd have a left turn lane along Platte Canyon Road going southbound to take a left into our site. There is a potential for that, and that will be further evaluated and determined with later stages of development. And then in terms of the intersection control, a traffic signal is not warranted, not from an operations perspective nor a vehicle volume perspective. So it's anticipated to remain under stop control.

30:44 – 30:5514

So you'd have stop signs along West Canyon Trail, which I think is existing. And then in our site to leave and go towards Platte Canyon Road, there'd be a stop sign there as well.

30:58 – 31:161

Thank you. Very good. Thank you. Kat, just one more question. Thanks. Sometimes it just takes me a minute to get there. Hang on. Will there be any more community outreach required going forward? The neighborhood.

31:16 – 31:365

I know that they've done an they've done a neighborhood outreach meeting with the rezoning document. I think staff might have the ability to require another one with the SDP. But with the plotting process, I think we could, it would warrant I'd have to double check, but I think there might be a warrant with the preliminary plat and final plat to do another neighborhood outreach meeting.

31:43 – 31:551

Will we need to make a condition of approval for another neighborhood outreach, or will it happen automatically? I guess that's where I'm trying to get to.

31:565

I'd have to take a minute to look at the land development code. Alright.

32:031

But we could just make the motion, and then they would just have to do it.

32:075

That that's fair too. Yes.

32:091

So we can do that just to make certain that there's another neighborhood outreach before the

32:165

Specific development plan? Which would the next site planning document. Yep.

32:21 – 32:371

Right. Very good. We will do that. Okay. We'll see if anybody wants to make that motion. How does that? Alright. Then, I guess, I will just say, at this time, I will accept a motion in this case.

32:43 – 33:439

This is commissioner Morehouse. I make a motion in the case of G D P 25 Dash 003, residence at Platte Canyon rezoned to planned unit development general development plan. I have reviewed the staff report, including all exhibits and attachments, and have listened to the applicant's presentation and any public comment as presented at the hearing and hereby move to recommend approval of this application based on the findings in the staff report subject to the following conditions. Condition one is as written there within sixty days of final approval of the GDP. The applicant shall submit a comprehensive preliminary geotechnical investigation that covers the entire subject property with sufficient borings and laboratory tests to more accurately characterize subsurface conditions.

33:449

And condition two, to have an open meeting with residents in the area.

33:55 – 34:151

Okay. So let's hold off on the second one. Okay. We need to get this one in first, and then we can make an we can make a a motion to add that in. I'm not getting rejection, so we'll try it that way. Alright. So we have so we'll we'll we'll hope is that okay? We'll hold off on the second part. I just need to make sure.

34:150

Can the chair just restate the motion so we have it clear on the record of what the motion is at this time?

34:21 – 34:471

I can do that. So currently, if I am understanding correctly, we have a a motion a motion was made by commissioner Morehouse for recommendation of approval to the Board of County Commissioners with stipulation one. Does that sound correct to everybody?

34:481

Okay. Is there a second?

34:504

Commissioner Savay seconds.

34:54 – 35:061

Alright. So at this time, we can have open discussion and would somebody else like to make any other motions? Go right ahead.

35:06 – 35:184

Commissioner Savay would like to add a number two. And the number two would say that there needs to be a neighborhood outreach meeting prior to the SDP.

35:20 – 35:321

Very good. So we have a motion to do. I have a neighborhood outreach one more time before the SDP. Is there any discussion about that?

35:320

Do do you need a second on the motion to amend?

35:359

Yes. Cool. I'll second that.

35:381

Very good. Second. Very well. Right. Yeah. I was gonna get there. I just wanna make some way to discuss. Okay. So we just need a so I just need another a second to amend. Which very

35:489

good. I'm gonna second.

35:50 – 36:061

Mister Morehouse seconds the amendment to to add a second to carry out a neighborhood watch or neighborhood sorry. Neighborhood meeting prior to the SDP. All in favor, say yes.

36:069

Yes. Aye.

36:08 – 36:251

Aye. Aye. Are anybody opposed? We have no opposed, so we will add that in. Alright? So then with that added in, that makes me get all my stuff straight.

36:270

Since the motion was amended.

36:281

So was amended. Right now, we just need to miss David, we just need to make a roll call to to finish this off.

36:392

Alright. Commissioner Howe? Aye. Commissioner Saul?

36:52 – 37:042

Commissioner solving. Aye. Commissioner what. Aye. Chair pro tem. Chair pro tem. Morehouse.

37:082

And chair Miller I. And the motion passes on a vote of six to zero with commissioner lapses absent and excused.

37:20 – 38:121

So that will move on to the Board of County Commissioners for their consideration. Great, thank you. Alright. Moving on to the second for tonight. We have case number, excuse me, SDPZ25-one, the 1338ValenciaStreet.

38:161

Can the county attorney confirm that we have jurisdiction in this matter?

38:21 – 38:410

With regard to case number SDPZDash001, the specific development plan and zoning at 1338 Valencia Street. The record contains evidence consistent with the requirements of chapter five, section two of the Arapahoe County Land Development Code indicating the notice was provided by publication signage and mailing. The planning commission has jurisdiction to proceed with

38:411

the public hearing this evening. Let's now please introduce the case.

38:47 – 39:1413

Good afternoon. My name is Ray Fields. I'll be the case planner today, and we have engine our engineering team today will be Emily Gonzalez. We are presenting 1338 South Valencia. Our applicant today will be Valencia Street LLC, and they currently have a request to change the use on the property to include more historic uses that were on the property and expand existing uses so that they can utilize the property to the fullest of their abilities.

39:15 – 39:5613

The zoning request, and property uses are listed there as well as in your packet, but they the general outline is auto detailing, within the confines of the space as well as, health club recreation, wholesale, and office general executive business and laboratories. The project is located near the corner of South Parker Road and South Valencia Street and is currently zoned for mixed use. It does have a PUD overlay. Surrounding uses include, to the north there, you have, public storage. To the South, I believe it is additional public storage.

39:56 – 40:3113

To the West, it is auto detailing type uses and then to the East is residential. The applicant did have a neighborhood meeting at the Eloise May Library on March 26. They invited 940 households, and there were nine attendees. Primary concerns were crime and vagrancy in the general area, which was unrelated to the subject property, as well as potholes on Valencia Street, which was also unrelated to the subject property. They did get appraised for general support to the uses and how they would serve the community.

40:32 – 41:1713

And there was a question as to whether there would be new development on the property, and the answer was no. The building footprint will stay the same. It does align with our goals and policies in the comprehensive plan such as ensuring adequate water supply and wastewater treatment as well as additional utilities, natural gas, telephone, cable and ensuring the existing and new development have adequate police and fire protection. It also aligns with chapter five three five dash three dot three of the land development code and provides approval, which is the approval criteria for all PUD applications. It meets all applicable criteria in relevant sections of the land development code as outlined in the staff report.

41:18 – 42:1513

The comments received during the referral process are summarized, and there are no outstanding referrals at this time from any referral agencies, and I did not and staff did not receive any comments from the public at this time. I did receive one phone call asking for clarification as to the uses, but there was just there was no overall comment, just a question as to what the uses would be. Staff found that the project with zoning generally conforms to the comprehensive plan, and the specific development plan was zoning meets the land development code, zoning regulations, and procedures stated in five dash three dot three as previously mentioned. And we are recommending this, staff is recommending approval of case number five. Staff is recommending this will need to go to the BOCC afterwards.

42:1513

So we are requesting approval. That leaves the correct termination. Are there any questions on this product?

42:251

Any questions? Please go ahead.

42:27 – 42:504

Commissioner Savay, so just to be clear, because this I live in this district. Is this the same footprint where the Copper Kettle Brewery is? Is it that same area? Yes. Okay. And then, with the request for additional uses, would there be any possibility that then a pot shop could go there?

42:515

Marijuana?

42:5313

I believe that was included in the specific uses that were not allowed.

42:574

Oh, that correct? Yeah. Okay. Just to for the record, I wanted to ask that.

43:02 – 43:1913

Thank you. Great question. We there is a list of uses that are not permitted, and they wanted to make that very clear when they were going through the SDPZ. I believe it includes marijuana. Excuse me. Do you remember the

43:2015

I don't know. Any out of the outside of the building. Any dog kenneling. No self storage.

43:2613

Self store. Okay.

43:2715

And no nightclub.

43:2813

Nightclub. Okay. Any other questions on this project?

43:351

Any other questions?

43:3913

And our applicant does have a presentation as well.

43:51 – 44:2115

Hi, my name is David Spriggs and I'm one of the owners of the subject property at 1338 South Valencia Street. I actually live about ten minutes away from the property. So I'll give you kind of a little bit of an overview. The property consists of a 45,000 square foot building that was built in the mid-80s, 1985, 1984, and it sits on about 4.8 acres. And it was it's currently zoned MU with a PUD overlay.

44:21 – 44:5815

Just to the north of the site you have self storage and you can see to the south of the site you have self storage. And then to the west is an automotive business park. And then to the east, you have residential. And so the property had a PDP that was put in place in 1983 that said the allowed uses were onethree office onethree office showroom and and twothree warehouse space. And there was an FTP put in place in 1984 and then the building was constructed shortly thereafter.

44:58 – 45:5015

We purchased the building in late twenty twenty four And in 2025, we started the process of getting the allowed uses on the site to match up with the existing uses and past uses that have been on the site. For example, in the past there's been brewery, transportation uses, entertainment, cleaners, automotive, fitness, industrial uses. Currently on the site there is a brewery, there's baseball training, there's a gym, we have light manufacturing, we have a lab space. So all the uses are on the site right now are actually kind of outside that one third office showroom, two thirds warehouse, which lies down the path that we're going down today. The proposed uses we feel align with the past uses and the neighborhood uses and then also align with the market.

45:51 – 46:3315

In our neighborhood in outreach and talking to staff, want to be proactive about restricting uses that we knew could be an issue and that we don't want to see on the site ourselves, me living only about ten minutes away. So no gas station on the site, no vehicle sales would be permitted on the site, no self storage facility, no nightclub, no sexually oriented business and no marijuana or cannabis dispensary. Other restrictions, no work would be allowed on vehicles outside of the building. So if we'd have an automotive use, any work, the vehicle would have to be inside the building. No bay doors would be allowed to be facing Valencia Street.

46:33 – 46:5115

So that would all have to be on the back. So it wasn't subject to the public's view. No outdoor storage would be visible from Valencia Street. Again, no sale of marijuana. And then the specific request is no overnight dog kenneling, which we were happy to add on there as well.

46:53 – 47:3715

As part of the site and a little as part of this project and outside of a little bit outside of this, it's staff's request. There was a retention pond on the site that back in the 1980s was supposed to be hooked up to the storm sewer system. And so forty years ago, it was supposed to be hooked up and I was the lucky winner to find out that it does need to be hooked up. So as part of this project and at staff's request, we will be turning the retention pond into a detention pond that complies with Arapahoe County's and Semsoise's current present day standards. We did have a neighborhood meeting, as Ray mentioned, nine in attendance.

47:38 – 48:0515

No, the issues we had were overnight street parking. People don't want overnight street parking. It's not going to be an issue here. People mentioned potholes in the street and general crime in the area, which since the purchase of this property, we've upgraded the outdoor lights, actually getting them to work, clean up the graffiti. And I can say this specific property we've taken care of those issues. And then open to any questions.

48:06 – 48:511

Any questions for the applicant? Very good. Thank you. Thank you. Alright. We will now hear from, anybody in the public. Do we have a little quick sign up sheet? You can bring them both if you don't mind. I don't think anybody's coming late. Is there anybody that would like to speak on on this case in the room? Alright. Very good. Miss Eva, do we have anybody on the phone that would like to speak on this case?

48:542

Chair Miller, we have no callers on the line.

48:56 – 49:321

Very good. Okay. Alright. Then if we don't have anybody that wishes to speak, we will go ahead and close public testimony at this time. Are there any like final questions or anybody for the applicant or staff? Very good. Then I will accept the motion in this case. Oh, please go ahead.

49:32 – 49:594

This is commissioner Savay in the case of SDPZ23Dash001. 1338ValenciaStreet specific development plan with zoning. I have reviewed the staff report including all the exhibits and attachments and have listened to listened to the applicant's presentation and public comment as presented at the hearing and hereby move to recommend approval of this application based on the findings in the staff report.

50:001

Very good. A motion is made by, commissioner Szave. Is there a second?

50:069

Commissioner Morehouse will second the motion.

50:10 – 50:381

A second was done by Mr. Morehouse. Any other discussion on this? And we are making a recommendation to the Board of County Commissioners. Okay? Alright. Miss Eva, will you please call a vote roll or call roll call for vote. Thank you.

50:402

Commissioner Howe. Aye. Commissioner Saul.

50:492

Commissioner Save. Aye. Commissioner Wolf.

50:58 – 51:132

Air Pro Tem Morehouse. Aye. And Chair Miller. Aye. And the motion passes on a vote of six to zero with commissioner Lapses absent and excused.

51:13 – 51:491

Very good. Thank you. Alright. So next we will hear case number LE25Dash004TallgrassPark. Please go right ahead.

51:51 – 52:100

So with regard to the final matter before the Planning Commission at this time, case number LE25Dash004, the Tallgrass Park location and extent. Record contains evidence consistent with the requirements of chapter five, section two of the Repo County Land Development Code, indicating the notice was provided by a publication signage and mailing. The Planning Commission has jurisdiction to proceed with

52:101

the public hearing this evening. Thank you.

52:13 – 52:3913

Good evening again. My name is Ray Fields, planner two. Today, we have with our engineering staff, Joseph. Our applicant today is the landscape the stream landscape architecture on behalf of the owner, Trails Park and Recreation District. They are seeking approval for an l and e construction of two pickleball courts, improved grading, concrete, and soft surface trails, a boardwalk, a vault restroom, picnic area, and revegetation to this park.

52:40 – 53:0713

The project is located within residential near the corner of South or of East Quincy Avenue and South Piccadilly. It is zoned mixed use. They conducted a neighborhood outreach on 02/17/2025. General public concerns included slipping on decking and shading area, the increase of parking demand and pedestrian crossings, and the noise of pickleball courts. They did address these, the slipping on decking and shading area.

53:07 – 53:5513

They did provide a, rougher board that would be non less slippery in that area. Increase of parking demand and pedestrian crossings was not something that they could address for this project. And the noise of pickleball courts, they moved the pickleball courts to a more central area of the project, and they surrounded it with more vegetation to dampen noise. Praises they they received from the public included, excitement surrounding the vault restroom and the pickleball courts. It is in alignment with the fine with the following policies, which include, encouraging development that supports healthy communities, providing all residents and workers with opportunities for recreation, encourage the provision of community gathering places, and ensuring public facilities and services are accessible.

53:56 – 54:3913

It does also meet the following land development code section, sections five dash seven three. That includes five dash seven three b one a and b one b, that, for location and extents, that, no road park, public, or ground space. It needs to be submitted and approved by the Arapahoe County Planning Commission, which is why it's coming in for location and extent. And lastly, that because this is a minor addition to what is happening, it's not a routine extension or a minor modification. It does require a full location and extent procedure and not an amendment.

54:40 – 55:1813

Referral comments have all been addressed. They are located in attachment a, and there are no outstanding referral comments. And I did not receive any comments from the public. No comments. No questions. Staff finds that this project generally conforms to the Arapahoe County comprehensive plan, and it also meets the Arapahoe County Land Development Code and zoning regulations. And we are recommending approval of case number LE25004 for Tallgrass location and extent. Are there any questions for staff at this time?

55:201

Any questions?

55:24 – 55:529

Go ahead. Pickleball, you said that they addressed the noise level of the pickleball court by putting additional vegetation. I'm glad you have that picture up there right there. It looks like there's trees to the north there, but I saw that housing is more to the west and south. Yes, there's a very good picture.

55:54 – 56:269

I would think that we'd want to see some vegetation on those other areas there as well. And then the other thing is on the pickleball courts, have they considered using the the, like, sound barrier curtains, like the the wind? They have wind curtains already on courts, but there's also a sound barrier type curtain that can be used to dampen the sound of pickleball.

56:2713

Okay. I can leave that question for the applicant. It was not I don't I don't believe that was addressed.

56:329

Addressed that part of it.

56:3413

It wasn't included in the application that I saw.

56:379

Alright. Okay. Thank you.

56:421

Anybody else? Alright. Very good. Thank you very much.

56:4613

Absolutely. These are slides from the applicant. Did you want me to bring the applicant up to address Yep. The

56:531

We'll now hear from the applicant.

57:00 – 57:4310

Commissioners, thank you. My name is Delos Cerrell, the executive director for Trails Park and Recreation District. To answer your question, commissioner Morehouse, the south end of this, that sidewalk there is a hill. That hill actually climbs pretty steeply right there. We've got a kind of where that marker is there of the distances, the 253 feet. That's actually a a sledding hill. We have it designated as a sledding hill there. So it is a pretty good incline with trees on top of that. And then on the other side of the sidewalk, there is another cluster of trees. That's also the disc golf course area as well.

57:43 – 58:2710

So that's kind of the reasoning for that. To the west there, we are 291 feet from the closest residence. So over that 250. We've got the basketball court there. The drainage way that's got some natural vegetation kinda growing in that area as well. So we have considered surf netting, sound dampening netting. I'm not a 100% sure. Kinda depends on what what our necessary needs are there. If we are seeing issues, we've also talked about requiring the librarian ball, which is a different ball. A lot of pickleball players don't necessarily like it. But if we are having sound issues, that is something we can do as well.

58:289

And paddles also are

58:3010

Have some options there. Yes, sir.

58:339

Is this the basketball right here?

58:3510

Yes, sir. Okay.

58:3916

Are you able to ask questions?

58:441

We'll get we'll get there in just a little bit.

58:47 – 58:591

Did you have anything more? No, sir. Is that it? Alright. Very good. Okay. Go ahead. No. I was just gonna say, so this commissioner Miller is how you enforce a ball and paddle rule? People just show up and play.

59:00 – 59:2810

Yeah. That is harder to enforce. All we can do is is state the rules, put the rules. Rules. You know, we do have staff at times out in these areas. So if they're having or seeing issues, we can kick people off at that time. If it gets serious enough, you know, we can certainly, shut them down for a bit. But those are further issues. We hope to not have those issues. So

59:281

Do you do you plan on having signage for rules?

59:3210

Yes. Absolutely.

59:331

That will that will that that will be on there maybe?

59:3510

Yes. Absolutely.

59:361

So k. Very good.

59:39 – 1:00:1610

Sorry. One other thing I'd like to add, if you don't mind. Part of our district right now, something we're looking to do is a large green spaces like this with water consumption that's not necessarily being utilized. We're looking to take that and convert it either to zero scape or projects such as this that take up some of that green space. There's still plenty of field here for leagues, practices, games, that kind of stuff. So we're not utilizing a huge space of this, but we are reducing our water consumption at this park with this project as

1:00:160

well. So

1:00:19 – 1:00:309

Commissioner Morehouse, I have another question. The access to the courts, will that be keyed or is it just open to the public or how do you plan on addressing that?

1:00:30 – 1:00:4810

At this time, it'll be just open to the public. It is a public project with public funding, so locking it down creates some other barriers for us, some other issues. We don't anticipate renting this, kind of controlling this will be kind of on a first come first serve basis.

1:00:491

That was gonna be my question. This is commissioner Wolf. So there's no, like, reservation system or anything. It's just a first come, first serve?

1:00:5510

At this time, yes. Okay.

1:00:59 – 1:01:174

Commissioner Savi, will there be as commissioner is asking about noise and so forth. Will there be times posted also, like, you know, nine to five? Or is it gonna can somebody show up anytime? Or how will

1:01:171

that work?

1:01:1710

So this this site does not have lights on it. We are not proposing lights either. So it will be restricted to daylight hours.

1:01:274

Okay. And then since it was brought up about the library ball.

1:01:314

What can you this is curiosity, but what is that and how does that make suppress noise?

1:01:38 – 1:02:0310

I'm certainly no pickleball expert, but it's a it's a foam ball, kind of a firm foam ball instead of the hard plastic ball. Oh. So the complaint I hear is it doesn't give quite the same spin play off the court and off the ball. It's a little bit softer dam damper instead of as firm, so it doesn't bounce back quite as much. But it does because of that, it does minimize the sound off of it.

1:02:034

Thank you.

1:02:047

Yes, ma'am.

1:02:071

Anything else? Very good. Thank you very much.

1:02:1010

Thank you.

1:02:11 – 1:02:341

All right. So at this time, we will hear from the public. I have a sheet here. Tallgrass, is it? No. Yeah. Tallgrass. Right. What's that? You said that this is these are just the presenters? Yeah. Oh. Both people were presenters?

1:02:3413

In this case Do

1:02:351

we have Jack? Okay. We're ready. Would you would you like to speak tonight? Sure. Come on down.

1:02:453

Jack Stigelmar, 4123 South Nepal Circle.

1:02:491

Thank you.

1:02:493

It's my house right there on the south side

1:02:53 – 1:03:303

Of the park. Major concerns I've had is, in the last year, this park has become really overused. There's been, I know, three instances where there's been over 100 students in the park, and five or six sheriff's department vehicles have had to come to the park. And so adding this, which I like pickleball, just will add to that. I have a dog that wants to go out at three in the morning, and they say the park's closed at dark, but you can hear people out there at three in the morning, just about every morning.

1:03:31 – 1:03:493

Okay. So the park is really overused. As far as noise is concerned, I'd like to see a lot more on the south side of that. I get a lot of noise from the basketball court, which is farther away from my house already. Those are really my major concerns with it.

1:03:51 – 1:04:323

I'm not sure about the bathroom. I have no I don't know if that's gonna be good or bad. We've had people in trees right out in front of our house using that as a bathroom. So but as far as enforcement by the parks service, there is no enforcement or overseeing of this park. It's it's on its own, and it can be used. We have off leash dogs running through that park all the time. And so, I mean, I think there needs to be more people overseeing this park right now. Very good. Okay. Thank you. Thank you.

1:04:351

Greg Hale?

1:04:381

Come on down. Yes.

1:04:40 – 1:04:5416

I live right next door to Jack, 40 One-thirty 3 South Of Bull Circle. My concern was I wanted to know what the distance was from the back of the courts to the Fed's line. Did I hear 230 something? Yes.

1:04:561

We can we'll get that addressed. But yes, it does say like 20253. 253 feet.

1:05:01 – 1:05:2316

Okay. I have a little bit of concern with that because if you have the plastic ball and you have a professional out there hitting it hard, it's like 70 decibels sound wise. Regular people, probably about 55 decibels. Takes 400 feet for that sound to dissipate. So I'm looking for I don't see anything on the back as far as trees closer to the court.

1:05:24 – 1:06:0616

That would be my main concern because we like Jack said, the noise from basketball court carries pretty good, but that would definitely be louder even with that berm there. I it doesn't block the noise. So if they could address it with nets or more shrubs behind, I'd be in I'm in favor of the thing, but that's my concern. I'm already catching Frisbee's disc on my roof in my yard, and I had to post a sign for no trespassing because people were climbing over, and it's kind of a muddy area at times and footprints across my patio and different things. So I posted my property, and that's helped quite a bit.

1:06:06 – 1:06:2716

And then I've also put up some hanging pots in the summertime, which slows some of that traffic down. So I do have people coming around, and I'm open. I I throw them back. I don't mind if they come and knock on my door and ask permission to go in, and I don't have a problem with that. I just don't want people climbing over the fence. So that's all I have to say.

1:06:271

Very good. Thank you very much. Yep. Thank you. Is there anybody else in the room that would like to speak?

1:06:371

Right. Don't see anybody. Miss Eva, is there anybody online that would like to speak?

1:06:442

Chair Miller, we have no callers on the line.

1:06:47 – 1:07:011

Very good. Thank you. Alright. Are there any comments or questions that the commissioners would like to have answered or addressed by staff?

1:07:054

I have one for the applicant and not staff.

1:07:081

Okay. We'll get back on there then. Then let's do let's do let's do staff now. Okay. Staff, come on back or applicant come on back.

1:07:17 – 1:07:344

Yeah. Sorry. In regard to the comments about lack of surveillance, can you describe what is the Park Ranger surveillance or how does that work? What's on the books and what what really happens?

1:07:34 – 1:08:0110

So I certainly can adjust some of those comments. So we are a smaller Park and Rec district. We technically have three Park employees, but we also have a third party contractor that we utilize for maintenance purposes. So they're out there at least weekly and then our staff is out there. They're they see during the summer, during the busier months, they see the parks, every park two to three times per week at least.

1:08:02 – 1:08:3210

That's a trash pickup and just park inspections as well. So while we're not out there daily, we certainly inspect as as much as possible. So concerning the the kids and the large group of a 100 plus kids, that has been an issue for us here recently. What we're finding, and we've talked to the sheriff's department about this, is the senior ditch days. These kids are typically going to the state park, Cherokee State Park.

1:08:32 – 1:09:0010

They get kicked out of there, and then they seem to find this location as their second home. And that might be a different school, but that's been our issue here the last couple of years is that these kids are congregating in this area on it on senior ditch day. So sheriff show up, they just kind of maintain, make sure it's it's taken care of, then we have our staff go out as soon as possible afterwards to kind of clean up any trash and graffiti and stuff that's been left behind.

1:09:034

For that explanation. Yes, ma'am.

1:09:081

I have a couple of questions. So then let's talk about safety lights then. I mean, is there no lighting at all in the park that it's dark?

1:09:1510

There is no light. We the only lighting we have is a solar light on the small shelter just off the

1:09:2110

Playground there. It's under the canopy there. There's a LED light there.

1:09:261

Okay. Is so with the with the restrooms, are the doors locked?

1:09:33 – 1:09:5810

The the restroom will have a solar package for it as well. So it'll have lights on it, one outside light and then interior lights. And they will be on a timed lock system as well. Yes, sir. And that restrooms will actually should increase our inspection of the park because we'll do a daily inspection. And then we'll do at least once a week a thorough cleaning of those restrooms.

1:09:581

Okay. And then is there any like on-site irrigation to add some trees or shrubs?

1:10:07 – 1:10:3210

There is the the turf area that we're removing currently has irrigation in it. There is some drip lines to the south and dry bed area, native area. And then we're also looking to move some trees. I know there's been some concerns about the, as the gentleman stated, disc golfs. The course has shifted on us a little bit.

1:10:33 – 1:10:5810

And so what we would call it fairway on that south side is not really there. So players either have to go around the trees instead of up a fairway through the trees. So we're looking to shift some trees there to create a fairway to hopefully address the residents' concerns of the the Frisbee disc golfs, disc Frisbee disc golf, on that southern side as well. So and I know that's not part of this project, but that is something we're looking to

1:10:581

do. Okay. Any other questions? Have you had the opportunity to introduce yourself to Jack and Greg?

1:11:0710

I have not specifically.

1:11:091

No, sir. Do so before you leave. I will so. Thank you very much. That I don't have to do anything more. How's that? Thank you.

1:11:158

I can do so. Alright.

1:11:19 – 1:12:149

I know you can post signs about the ball and the paddle to mitigate the the noise level. It's a nice gesture. But I guess I I I think there should be more of a permanent noise abatement by either using the sound barrier curtains or vegetation. So without anything in there for that, I would be opposed to this because I don't feel that the balls and the paddles posted is gonna be sufficient to address the neighbors that will be impacted by this. And he's right that two fifty feet is not enough space to dissipate that sale.

1:12:15 – 1:12:4010

The I don't know price. So that can always, of course, be a barrier. But I certainly can commit to at least looking at it and and strongly trying to do those if feasible, the sound netting. As far as vegetation on that south side, I'll need to work with our landscape architect. There is a drainage basin right there or a catch basin.

1:12:42 – 1:13:0610

So we gotta kind of be careful about, of course, planting in those kind of areas. There's some restrictions there. So but we should be able to have minimum put netting up on that. We'd already talked about some wind netting. I can't foresee it being a huge cost difference in going to the sound barrier netting, and so we should be able to do that. Okay.

1:13:08 – 1:13:199

I you know, I think that would help a lot. And I I know what it cost to build one of those pickleball courts. And since you're putting two up, the netting is part of doing business, I feel.

1:13:19 – 1:13:3210

Yep. And like I said, we'd already looked at the wind netting as as part of this project. It would just be an increase to that sound netting. So we certainly if we need to cut slightly somewhere else, we certainly can be doing that.

1:13:339

Thank you.

1:13:3410

Yes, sir. Anything else?

1:13:381

Alright. Very good. Thank you very

1:13:4016

Thank you.

1:13:48 – 1:14:111

Okay. So then at this time, I will accept a motion in this case. No. That's right. I I don't wanna just leave it there for nothing, but if we can go ahead, though.

1:14:12 – 1:14:3417

In the case of L E 25 Dash 004 Tallgrass Park location extent, I have reviewed the staff report, including all exhibits and attachments, and have listened to the staff presentation and any public comments as presented at the hearing, and hereby move to approve the proposed location extent as presented in the staff report.

1:14:35 – 1:15:011

Very good. A motion was made by Commissioner Saul. Is there a second? This is commissioner Wolf. I'll second. Very good. So a motion a second was by commissioner Wolf. Is there any discussion or does anybody wanna make any other motions?

1:15:02 – 1:15:284

I hope I can talk. Just for discussion purposes, does it make any sense that whatever process we have to go through that we say with condition of the netting. Or the other idea would be to just go ahead and vote yes and then pump that to the board of county commissioners.

1:15:31 – 1:16:081

So it would be my understanding that if we don't make a motion or a condition, it would not necessarily be considered. We're just speaking outwardly. So we're just making comments and comments would not be necessarily viewed by the board as something that we decided is important. So if we're going to change something, like make an amendment, then we would have to go through that by making a motion as to what it is, state why it is, and then it's up to the board then to decide.

1:16:0913

This does not go to

1:16:101

the board. No. No. That's fine.

1:16:119

It doesn't go the board.

1:16:121

Oh, it doesn't go before the board. Thank you. I'm sorry. That's right. So it does not go. So we vote. It's fine. That's what I need to do. That's what's gonna be my next question for you is, do we have final jurisdiction or does this go before the board?

1:16:221

know. Because we have final

1:16:254

Cancel my suggestion.

1:16:27 – 1:16:390

Yes and no. Because under the state statute, final decision is actually an arrest with the board of the of the recreation district. So so your decision can be overruled, basically. Yes.

1:16:421

Does that change anything that anybody wants to do?

1:16:53 – 1:17:079

I I guess the thing is we can make the decision. And then if the trail district doesn't agree with it, they they can appeal to the board of county commissioners. Is that correct?

1:17:120

Yeah. The way the way our code is written, yes. So but you would have to have your if you were to deny it, you'd need to to make sure the records goes to the basis for that denial.

1:17:21 – 1:17:430

That can be communicated to the Board of County Commissioners and then they could hear the appeal, so to speak, from the board from the recreation district. Exactly. But then ultimately, it's going to end up in the recreation note in the recreation district's hands because even the Board of County Commissioners cannot deny it in the end.

1:17:46 – 1:18:034

Commissioner Sade, couldn't we would would another pathway be to add a recommendation or, you know, like, have a number one to the motion, and the number one would be to add the netting? Wouldn't wouldn't that be another way to go?

1:18:051

That's kind of the way I was trying to to go without actually making you guys do what I wanna do.

1:18:114

No. I that's what I said. But yeah. Why not? So

1:18:14 – 1:18:531

yes. I think we could make a condition for some sort of sound attenuating netting. But if I'm understanding, we do that as an approval, it would just go back to their board, which then they can just say no. Yeah. Right? Which is which is I mean, we've kind of done our job. We've we've kind of said what we wanna do. The other option that was given and, you know, so we've already have we already have a motion out there. Mhmm. K. Is that we can deny we can just we can just say no. We can all vote no, which then we would have to then create another motion to do something. Which we would have to right? We have because we we would have to go to a denial.

1:18:540

Right. Because you have the motion correct. Because the motion on the table is to is to approve.

1:18:58 – 1:19:421

We have nothing done if we all vote no. Correct. We can all vote yes, and we can see where that goes. So then we would have to take up either a denial, which would then put it in front of the board and we would our condition would be because of sound. That's a that's a that's a legitimate reason to have a denial. And then it would go before the board. Because we don't have another option to bring it back with some sort of substance change for approval. Because we could do that, but there would be no just we're kinda running up against their board a little bit on who actually has final authority. Do I have that somewhat based out there correctly?

1:19:42 – 1:20:020

Pretty much. I mean, state statute grants the ultimate financing authority or that owns the improvement, owns authority to make the final decision because it's part of their district as opposed to part of the county in that regard.

1:20:04 – 1:20:181

K. So hold on before we before we we bring you in or or we do, so just hold on. So we have a motion in front of us. Anything else?

1:20:199

I I guess I'm confused. And if they have jurisdiction, then why are they asking for an L and E?

1:20:26 – 1:21:160

Well, that that's what a location extent is. And it's it's it's an odd state statute that's really about if you ask me, it seems really be about communication to make sure that you know what what these other districts are planning and where they or or what's gonna happen for these things that are specified by the statute. And a lot of it really seems to be focused on making sure there's there's information that's shared not only with the county, but with other entities. For example, you know, there might be a utility that's gonna do a road or some sort of other things because the there's it's not just parks where location extend is required. But it's it's an odd statute that's really seems to be more about communicating information and awareness rather than granting authority for you to actually approve or disapprove of something.

1:21:16 – 1:21:290

Because ultimately, it gets down to the board that owns the facility or the improvement, whether it's a road, other public open space, or something of that nature.

1:21:30 – 1:21:464

Commissioner Savay, Commissioner Savay, thank you for sharing that legal piece. But what I'm starting to think is whether we approve or deny, it kinda doesn't matter. It

1:21:49 – 1:22:1618

matters for timing, certainly. This is Jason Reynolds, planning division manager. I mean, if the planning commission were to find that, the noise concerns are so great that this must be denied tonight, then there's an appeal process to the Board of County Commissioners. We would have to schedule that. So depending on if they planned on this project for this year, that could potentially push a final decision well into summer.

1:22:17 – 1:22:4418

And so it certainly matters in terms of timing. And as Mr. Hader articulated, the statute is about awareness. So it's these other entities, these other government entities must make the county through this planning commission public hearing process aware of what they are hoping to do with property that they have.

1:22:464

Thank you for that.

1:22:47 – 1:23:039

I guess my question then is, if the residents have a concern with noise, can they go to their board and address the sound with them? Absolutely.

1:23:04 – 1:23:210

They could absolutely do that. And their board is they're a public entity or excuse me, they're a quasi governmental entity. So they would have to have public meetings and do that just like you do. So yes, they would have opportunities the public have opportunities to be heard by their board.

1:23:22 – 1:23:369

And in fact, some of their tax dollars, year tax dollars go towards this part. So if you talk to those board members, they should listen to their constituents.

1:23:37 – 1:24:061

Okay. Alright. If the referee is okay, I'll just bring it back around. So we do have a motion before the board here to approve. If there is no more comment or suggestions, then I will ask Eva to please conduct a roll call vote.

1:24:089

Hold on. Hold on.

1:24:101

Alright. Well, Eva. Miss Eva, hold on. Did I miss something?

1:24:14 – 1:24:339

Well, if you're asking for additional information, I would like to add K. Condition one, and that would be to add sound barrier, curtains to the cabal court.

1:24:37 – 1:25:191

Give a second. Oh, yep. Hold on. We'll get there. Hold on. Curtain to pickleball court. Alright. I just wanna make sure I got everything kinda straight out. Alright. So before we call that, miss Avith, that was a little premature. I missed I missed I missed mister Morehouse's hand when it went up. So anyway, so we have a so we have another motion in front of us to add a condition for a sound barrier curtain to the pickleball court. Is it is this a four sided thing or two sided? I don't know right offhand. I've never seen a pickleball court in my life.

1:25:19 – 1:25:311

So we stipulate four sides or do we need to just say I just wanna make sure that we make sure we're clear on it. Otherwise, we might just look like one one court. Right? I have no idea. So

1:25:319

Well, it's just like a tennis court. Yep. It's got four sides.

1:25:331

Okay. Four sides. Alright. If then I'll just leave it. You you made the motion. I won't I won't change anything. Alright. Is there a second on this motion?

1:25:474

Oh, well, I'll second it as long as we can have discussion.

1:25:501

Yeah. Yeah. Otherwise, it'll otherwise, it'll just fail for no second.

1:25:544

I'll second.

1:25:54 – 1:26:051

So if you second. Alright. Miss miss has second the motion.

1:26:05 – 1:26:174

There we go. I thought we couldn't do that. I because I thought that's where I was heading early on, and I thought somebody along the way said you can't do that. Can we do this? Well,

1:26:210

it would be my preference to address legal questions in executive session.

1:26:250

So that'd be my my first advice

1:26:28 – 1:26:430

To to look at this, like so I I'd rather not opine on on the public record on that issue. So it's really up to you if you wanna do that or not. But it would definitely be complicated is what I would say at this time.

1:26:451

So they we would be making this recommendation though to them and then they will take it to their board and they make their decisions.

1:26:52 – 1:27:060

What I heard was a a motion to amend the motion to approve to require a sound barrier curtain on four sides of the pickleball court. K. So that's different than a recommendation. That was that was something you're

1:27:061

trying to Yeah. Recommendation is probably the wrong word then. Yeah.

1:27:140

But that's your motion.

1:27:22 – 1:27:4510

Commissioner Miller, I apologize. If I may, I can make this a lot simpler. Okay. We will commit to putting up sound burners, the sound curtains. It's not, like I said, it's not gonna be huge cost difference for us. So we will commit to doing that for this project. We're already going to look at trees in the area, but the sound curtains, we will commit to doing that on this project. Okay.

1:27:481

Is that so I guess that would be then does that satisfy what you were saying enough?

1:27:550

Can you please speak in a microphone? What's that? Can speak in a microphone?

1:27:581

Sorry. So would that satisfy that enough for you to withdraw your motion? Which I think we still can even though we have a second. Right?

1:28:061

Yeah. Yeah. Yeah. We can just withdraw it. Or do you want to have it to be on there?

1:28:129

I I I feel like we can withdraw the motion if he publicly committed to doing that and make everything a little bit easier on everyone.

1:28:221

Yeah. Okay. So then Nothing has to be done. Right? We just we withdraw the

1:28:28 – 1:28:390

motion to do that? I heard the the motion maker withdraw and I saw the seconder commissioner saw they appear to consent to that as well. Is that accurate?

1:28:391

Yes. So you can withdraw the motion. So we're done?

1:28:43 – 1:29:011

All right. So then we're going go back then to the original. We have a we have a we have an approval for this. Is that right? Okay. We got all this. We got all this. Alright. Now, miss Eva, you conduct a roll call vote.

1:29:042

Commissioner Howe. Commissioner Saul.

1:29:162

Commissioner Saave. Aye. Commissioner Wolf.

1:29:252

Chair Pro Tem Morehouse. Aye. And Chair Miller?

1:29:362

So the motion passes on a vote of six to zero.

1:29:41 – 1:29:551

Thank you very much. We'll go into announcements. And then I have like one comment I would like to make to the group. You want to go?

1:29:553

Go ahead. Sure.

1:29:55 – 1:30:5318

Sure. Have a microphone. So, the May 19, hearing, there'll be a minor subdivision, before you, called Rattlestitch Ranch as well as a more complex application, ten forty one, also known as areas and activities of state interest and location and extent application for the Colorado Power Pathways Transmission Line, which you may have seen in the news in other counties, but this is for the portion that is traversing parts of Arapahoe County. June 2, we're planning a public hearing on a box elder diversion structure and as well as and that's a location and extent and then a pipeline to connect some oil and gas sites. That one will be used by special review with some ten forty one components.

1:30:53 – 1:31:0718

And then June 16, planning to have the Strasbourg sub area plan, comprehensive plan before the Planning Commission. So those are we have several meetings this spring. Very good.

1:31:09 – 1:31:501

Alright. So just real quick. Can the can can can planning department send out information on what is a ten forty one? We have new people. I always have to be refreshed. Can you at least let us know what that exists and what that means? Can you do that for us? Alright. And the Strasburg area plan, at this time, I won't make a motion, but next time we meet, I would like to make a motion that maybe that the Strasbourg sub area plan, if that's the only thing does that have does that have public comment?

1:31:5218

Yeah. It's a it's a public hearing.

1:31:53 – 1:32:161

So it is a public hearing? I will give warning that I would like to I'd like to address the board and see if we couldn't hold that out in Strasbourg since that's going to be the only thing. It would be nice to show that we do things out there and that we're not afraid to go out and come out to the East, come out and see where I'm at.

1:32:174

Only if you provide something for us like a

1:32:215

Oh, there we go. I'm

1:32:231

baking. I can see it now. Alright. So we can do something like that. So I'll just can you just give thought to you guys on that a little bit? Yeah. And then figure it out.

1:32:3318

Based on past experience, locations will be tough. Mhmm.

1:32:3818

know? But we can look at alternative facilities.

1:32:421

So I will That's what I say. I will

1:32:4318

However, I will note that we have a call in number. People are more than welcome to call in and save themselves a drive.

1:32:51 – 1:33:221

Yep. Alright. Very good. Alright. And then my last one is I'm sorry. It was a little clumsy tonight, but what I was trying to do was to try to show how we can move things through a meeting. So, you know, about making amendments, when we can do it, how we can do it. So if we have concerns like we've had with the pickleball court even or even the first one, we can make changes. That's what we're allowed to do. It's what we're supposed to do instead of just almost sometimes we seem like we've rubber stamped stuff.

1:33:22 – 1:33:441

So the challenge going forward under my chair is we're to just try and see what we can do to make certain that we are accomplishing everything. And so I am asking questions like does this go before the board or do we have final say? Just so we know where our role is in some of this that we can remember. Alright? Anybody got any questions for staff?

1:33:444

No. But I have a other

1:33:461

thing is, like, I wanna add questions to staff. If you guys have something, ask it away.

1:33:494

I have a comment for you. Sure. I like it. I find it stimulating and learning. So I'm good.

1:33:561

Okay. Alright. Anything else?

1:34:005

No. Thank you.

1:34:011

We're adjourned. Thank you.

1:34:0313

Thank you.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.