El Paso County Planning Commission, Oct. 19 – Black Forest four-lot subdivision recommended for approval

By Helen Walklett

At the Oct. 19 El Paso County Planning Commission meeting, the commissioners voted unanimously to recommend for approval rezone and minor subdivision applications to create a four-lot subdivision, Fairytale Acres, at a Herring Road property. The request is to rezone 7.59 acres of the 14.54-acre property from RR-5 (rural residential) to RR-2.5 (rural residential).

The subdivision request includes two waivers, one to allow a private roadway instead of a public road, and the other to exempt the property from having to provide a fire cistern. Discussion at the hearing centered on the latter with Ryan Howser, planner III, Planning and Community Development, explaining that although the code states a fire cistern is required where fire hydrants are not present, a 2013 Board of County Commissioners (BOCC) resolution states that subdivisions of four or fewer lots are exempt from International Fire Code (IFC) coverage, which is the model code on which the county’s fire requirements are based.

Howser said, “I do think that the waiver is still warranted because our code requires it. However, I could interpret that as a conflict between the board’s adopted version of the IFC and the code.”

Howser stated that the Black Forest Fire Protection District (BFFPD) had chosen not to comment on the matter, its stance being that it will always recommend code compliance in lieu of making a formal recommendation one way or the other. Meggan Herington, executive director, Planning and Community Development, said that, unlike larger districts, BFFPD does not have a fire marshal looking specifically at fire code and the application of the IFC and so is choosing to stay neutral.

Nina Ruiz, Vertex Consulting Services, representing the applicant and speaking in justification of the cistern waiver, said the property was 2.5 miles from the fire station, which would allow for relaying fire trucks to fill up there should a fire occur. She also said the property was treeless and the homes would be spread apart, reducing the risk of fire jumping from one structure to another. BFFPD’s fire risk assessment has identified the property as having a low overall risk rating.

Commissioner Eric Moraes suggested, given the BOCC’s resolution, that a waiver was not really needed. Herington replied, “I would disagree with that because this section of the code I believe was written in 2014 and so my question is, ‘Why was this section of the land development code not amended to specify that minor subdivisions were not required to follow the land development code?’.”

Herington stated, “When we update the code next year, we really need to pay attention to this section of the land development code and what needs to be in it and what doesn’t need to be in it and where we would just reference International Fire Code.”

The vote to recommend both applications for approval was unanimous. They are now scheduled to be heard at the BOCC land use meeting on Nov. 9.

Helen Walklett can be reached at helenwalklett@ocn.me.

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