MINUTES OF THE ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS TUESDAY, MAY 6, 2014

Transcription

1 MINUTES OF THE ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS TUESDAY, MAY 6, 2014 At a public meeting of the Board of County Commissioners for Arapahoe County, State of Colorado, held at 5334 South Prince Street, Littleton, Colorado there were: Nancy A. Doty, Chair Commissioner District 1 Absent and Excused Bill Holen, Chair Pro-Tem Commissioner District 5 Present Nancy Jackson Commissioner District 4 Present Rod Bockenfeld Commissioner District 3 Present Nancy Sharpe Commissioner District 2 Present Ron Carl County Attorney Present Matt Crane Clerk to the Board Absent and Excused Joleen Sanchez Asst. Clerk to the Board Present when the following proceedings, among others, were had and done, to-wit: CALL TO ORDER INTRODUCTIONS ROLL CALL PLEDGE OF ALLEGIANCE MODIFICATION(S) TO THE AGENDA There were no modifications to the agenda. ADOPTION OF THE AGENDA The motion was made by Commissioner Jackson and duly seconded by Commissioner Bockenfeld to adopt the Agenda as presented. ADOPTION OF THE MINUTES There were no minutes to adopt on this date. CEREMONIES CITIZEN COMMENT PERIOD There were no citizen comments on this date. BOCC Public Meeting 05/06/2014 Page 1 of 5

2 CONSENT AGENDA The motion was made by Commissioner Bockenfeld and duly seconded by Commissioner Sharpe to approve the items on the Consent Agenda as presented. GENERAL BUSINESS ITEMS Item A Resolution No P13-013, Inverness Filing 52, Lot 3 FDP Assistant County Attorney Tom McNish established jurisdiction. Senior Planner Bill Skinner presented the details of this case. A Power Point presentation was distributed to the Board, a copy of which has been retained for the file. He said this application meets or exceeds the underlying zoning regulations. He discussed the waiver that was granted by Centennial Airport and explained why staff recommends approval. Mr. Skinner discussed airport noise and the potential for complaints. He said the applicant would discuss how Vallagio currently relates to the existing airport traffic, as there are many people that live under that pattern. Commissioner Jackson asked if there was a response from the noise roundtable. Mr. Skinner explained why there was no referral sent to the noise round table. Commissioner Holen inquired about the airport s current position compared to its opposition in Mr. Skinner clarified the airport s position (opposed) and stated the improvements that the airport has requested. Commissioner Holen asked what the airports concerns are. Mr. Skinner said the concerns are residents and noise, and the airport want to see best efforts made to mitigate any noise. Commissioner Holen asked that the letter from the airport be on record. Mr. Skinner confirmed that the 2014 letter from the airport is part of the record. He said the letter notes that the development is in a restricted area and that there will be numerous aircraft overflights. He said there is an aviation easement executed for this property and there is a noise disclosure statement required for residential development within the airport influence area. He said the applicant has a disclosure clause in the leasing agreements. He said a 7-day noise test has been recommended. Commissioner Sharpe asked if information from a recent study to the north that would be relevant to this property. BOCC Public Meeting 05/06/2014 Page 2 of 5

3 Mr. Skinner said the results are nearly identical. Commissioner Bockenfeld pointed out that in 2004, that noise study was consistent with new noise study. He said there is as much highway noise as there is airplane noise which is probably why some of the tenants haven t complained about the airport. Mr. Skinner said most flights over Vallagio are training flights, which stop in the evening but there would still be highway noise. Commissioner Sharpe asked if, based on the original zoning, this area would always be considered residential. Mr. Skinner explained that there was one option of mixed use and a second option to build only residential. He said residential development was in either component. Commissioner Sharpe asked if there is an inconsistency as to what came before the BOCC in Mr. Skinner confirmed that there has been no update to the 2004 document. He said staff has been reviewing this case based on the 2004 document. Peter Kudla, representing the applicant, introduced the development team. He thanked Arapahoe County staff, then reviewed the Power Point presentation. He pointed out that Waller Commons exceeds the requirements of the existing PDP. He summarized the developments, to date, in the Vallagio area. He noted that the majority of noise complaints come from people who live outside Vallagio. He said people live in Vallagio by choice; tenants and owners sign a document that says the land is within the airport zone and that they recognize the mitigating factors. Commissioner Sharpe asked about construction standards regarding sound mitigation. Mr. Kudla explained that the plan adheres to strict guidelines suggested by airport. Greg Krouse said that has been done consistently on each application since Commissioner Sharpe asked about the traffic study and a traffic light being installed on Inverness Drive West at the entrance. Mr. Kudla confirmed that the study has been updated and reviewed and there are adequate funds to provide a light at that intersection. Commissioner Sharpe noted that there are no sidewalks on the west side of Inverness Drive. Mr. Kudla explained that the connection is on the east side. He said there is a clear path from a number of office buildings and the sidewalk leads to the light rail and mixed use and provides connectivity to the hotel. Mr. Kudla said there is also a park area nearby. Commissioner Holen commended Mr. Kudla and his staff. He said Arapahoe County has a great community and with the expansion of the light rail system, projects like this will appear more BOCC Public Meeting 05/06/2014 Page 3 of 5

4 and more. He expressed his concern regarding maintaining the airport and keeping it active. He mentioned the importance of educating local pilots about noise concerns. The public hearing was opened. There were no public comments. The public hearing was closed. Commissioner Sharpe stated that the airport is extremely vital to the economy of the area. She said trying to minimize the impact to residences is also extremely important so the airport can remain a viable entity. She said this application is virtually the same as it was in 2004 and that is why she will support this case. In the case of P Inverness Subdivision No. 52, Lot 3 Final Development Plan, the motion was made by Commissioner Sharpe and duly seconded by Commissioner Bockenfeld that the Commissioners have read the staff report and received testimony at the public hearing. The Board finds itself in agreement with staff findings 1 through 4, including all plans and attachments as set forth in the staff report dated April 22, 2014 and approve this application subject to the following conditions: 1. Prior to signature of the final mylar copy of these plans, the applicant agrees to address Public Works Staff comments including concerns identified in the most recent Engineering Staff Report. COMMISSIONER COMMENTS Commissioner Holen said his positive vote is based on historical evidence presented by the Planning Commission and the relationship the Commission has had with the developer, however, his vote must not be considered a green light for development into the restricted area. He said the Commissioners goal is to ensure that they protect and support the airport and its long-term opportunities for further growth. He said this is one of the busiest airports in this region and he d like to see the growth in aviation usage and the development of the land around the airport for commercial development. Commissioner Jackson said this was an interesting case. She asked staff to consult with the noise round table or inform them of applications because there is a struggle between development and the citizens. There being no other business before the Board the public meeting was adjourned at 10:24 a.m. ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS BOCC Public Meeting 05/06/2014 Page 4 of 5

5 MATT CRANE, CLERK TO THE BOARD BY JOLEEN SANCHEZ, ASSISTANT CLERK TO THE BOARD BOCC Public Meeting 05/06/2014 Page 5 of 5