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File #: 25-108    Version: 1
Type: Resolution Status: Passed
File created: 1/28/2025 In control: Board of County Commissioners Business Meeting
On agenda: 2/11/2025 Final action: 2/11/2025
Title: Eastgate 1041 (Regulations Governing Areas And Activities Of State Interest) Application For Extension Of Domestic Water And Sewage Treatment Systems (Case No. ASI24-001)
Attachments: 1. Staff Presentation, 2. Applicant Presentation, 3. Staff Report, 4. Planning Commission Meeting Minutes 12-17-2024, 5. Engineering Services Report, 6. Narrative, 7. Application and Letter of Intent, 8. Avigation Easement, 9. City of Aurora Resolution, 10. Referral Agency Comments and Applicant's Response, 11. 1041 Complete Binder with Exhibits, 12. Draft Motions, 13. Resolution

To:                                                               Board of County Commissioners

 

Through:                                          Bryan Weimer, Director, Public Works & Development

 

Prepared By:

prepared

                                   Kat Hammer, Senior Planner, Public Works & Development

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presenter

Presenter:                                          Kat Hammer, Senior Planner, Public Works & Development

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Subject:

title

Eastgate 1041 (Regulations Governing Areas And Activities Of State Interest) Application For Extension Of Domestic Water And Sewage Treatment Systems (Case No. ASI24-001) 

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Purpose and Request:

recommended action

The applicant, Property 292, LLC, in conjunction with JMC Consulting Services, LLC, is requesting approval of a 1041 permit for a Major Water and Sewer Project to serve the development known as Eastgate, located at the southwest corner of Interstate 70 and N. Monaghan Road, at 27500 and 27450 E. Colfax Avenue. The proposed water and sewer extension would serve the associated General Development Plan (Case No. GDP23-003), which includes approximately 405,000 square-feet of commercial, retail, and light industrial property and approximately 1,000 single-family attached and multi-family residential units.

Planning Commission held a public hearing on December 17, 2024, and unanimously recommended approval to the Board. No members of the public spoke regarding the proposal. Attached please find a copy of the Planning Commission minutes and staff report for details as to how the application meets the review criteria for approval in the Land Development Code. 

Planning staff recommends approval of this request finding that the application generally conforms to the Arapahoe County Comprehensive Plan and the application meets the Zoning Regulations and Procedures in the Land Development Code.

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Background and Discussion: The two parcels are approximately 144 acres. The site currently has two residences, and the remaining land is utilized for cultivating natural grasses and wheat. The applicant is proposing to extend water and sewage treatment from Aurora Water.  There is an existing gravity main along E. 6th Avenue. The applicant intends to connect the sewer line at the intersection of E. 6th Avenue and N. Powhatan Road. The City of Aurora installed a water main on the western border of the site that the applicant intends to tap into. Final design has not been completed but easements might be required. Staff has included a condition of approval requiring the applicant secure all necessary easements for water and sewer prior to any site disturbance. 

The attached staff report includes detailed explanation on how this application is in conformance with the Arapahoe County Comprehensive Plan, and how the application appears to meet all of the approval criteria and regulations of the Arapahoe County 1041 Permit Regulations.

The applicant will be receiving water and sanitary sewer from Aurora Water, and a condition of approval has been added requiring the applicant to complete all pre-conditions for water and sanitation services specified in the Agreement for Extraterritorial Water and Sanitation Services with the City of Aurora, prior to issuance of building permits for vertical construction.

Conditions have also been added requiring the applicant to secure all necessary easements for the lines prior to site disturbance, to contact the County if any paleontological, historic, or archaeological attributes are identified during the time of construction, and to provide a spill prevention plan and response plan with the Final Plat and Administrative Site Plan applications.

 

Fiscal Impact: Approval of this application will facilitate new development that increases land values that provide a basis for property tax revenue.

 

Alternatives: The Board could move forward with any of the following:
- Approve the 1041 permit as recommended by Planning Commission and staff.
- Deny the1041 permit.
- Continue to a date certain for more information.   

 

Alignment with Strategic Plan:

                     Be fiscally sustainable

                     Provide essential and mandated service

                     Be community focused

 

Staff Recommendation:
Staff recommends the Board of County Commissioners approve this application with five conditions of approval.

 

Concurrence: On December 17, 2024, Planning Commission voted 7-0 to recommend approval of the 1041 permit to the Board of County Commissioners. The 1041 permit has been reviewed by County staff, including the County Attorney’s office.

 

Suggestion Motion(s): Attached.

 

Resolution: Attached.