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El Paso Board of County Commissioners, May 9 – Hay Creek Valley subdivision approved despite opposition

By Helen Walklett

During May, the El Paso Board of County Commissioners (BOCC) approved two land use applications west of I-25. These were a final plat for the 20-lot Hay Creek Valley subdivision off Hay Creek Road despite neighbor concerns about wildfire risk and evacuation and a rezone to commercial for an Old Denver Road property.

Hay Creek Valley subdivision approved

At its May 9 land use meeting, the BOCC approved a request by View Homes Inc. for approval of a final plat for the Hay Creek Valley subdivision to create 20 single-family residential lots. The site has one existing single-family residence which will remain in the western portion of the site. The 214.62-acre property is zoned RR-5 (rural residential) and located west of Interstate 25, directly north of the U.S. Air Force Academy (USAFA), south of the Forest Lakes subdivision, and southwest of Monument.

The BOCC’s unanimous decision to approve went against the recommendation of the El Paso County Planning Commission. A vote to recommend approval at its April 18 meeting failed by 3-5 resulting in a recommendation of denial. Members of the public spoke in opposition at that meeting, raising concerns about additional lots in the area, inadequate access, a section of county’s land development code which they believed was not satisfied, and traffic. The planning commissioners felt fire safety regarding ingress and egress was not met.

The subdivision’s preliminary plan was approved in fall 2023. Neighbors raised concerns about the lack of notification, water, the impact on wildlife, traffic, and wildfire evacuation at the Sept. 21 Planning Commission meeting where the preliminary plan was considered. No one spoke against the preliminary plan application at the Oct. 12 BOCC land use meeting where it was approved.

Kylie Bagley, planner III, Planning and Community Development Department, reminded the commissioners that the preliminary plan was approved with two waivers. One waived the requirement for public roads to allow a private road to service the subdivision. The other removed the requirement for two access routes.

Ed Schoenheit, engineer I, County Engineering Division, said access to the subdivision will be via a recorded access easement agreement with an adjacent property owner. Within the subdivision, access to the lots will be via a 1-mile private paved road which will have a dead-end cul-de-sac meeting county’s Engineering Criteria Manual and fire district design requirements with approved deviations. The private road will be gated and will join Hay Creek Road. The traffic study concluded that no improvements were required to Hay Creek Road itself.

Commissioner Stan VanderWerf said that, knowing there were several comments from residents about fire safety, was there a second way to get out on Hay Creek Road to the west? Schoenheit replied no and explained that Hay Creek terminates in the west farther down in the canyon area.

The property is on the northern boundary of the USAFA, an area where training operations take place. Bagley said that the USAFA had asked the developer to include plat notes and covenants to provide full disclosure of this to future lot owners. The USAFA also requested an “avigation” easement (giving the right of overflights in the airspace above or in the vicinity of the property) be recorded with the final plat.

Jason Alwine, Matrix Design Group Inc. and representing the owner, said the Fire Department [Monument Fire District] had requested the installation of a water cistern with a minimum capacity of 33,000 gallons at the far end of the cul-de-sac. The one being installed will hold 35,000 gallons. He stated that a Wildfire Hazard and Mitigation Report had also been submitted as part of the process and that some fire mitigation work had already taken place. He explained that lots will range from 5.5 to 17 acres with the larger lots situated on the southern part of the property abutting the USAFA boundary where vegetation and a ridge will provide a natural buffer between the subdivision and the USAFA training grounds. Eleven of the lots will be larger than 10 acres and all will be on well and septic.

Seven neighbors spoke in opposition. No one spoke in favor. The opposition focused on fire safety and traffic with concerns being voiced about evacuation in case of wildfire given that Hay Creek Road has only one way in and out, terminating in a dead end. Neighbors felt the application contravened Dead End Standard 8.4.4 D in the county’s land development code (LDC) which states “When more than 25 lots would front and take access to a dead-end road, a second means of access shall be provided.”

Resident Lorna Bennett read a statement from a neighbor which stated, “If you vote to approve this application, know that you will be effectively waiving the LDC dead-end road mandate thereby nullifying the intent and purpose of the LDC and further jeopardizing the safety, welfare, and lives of the current occupants of this valley as well as the future occupants of the development.”

Referring to the 25-home limit in the code’s dead-end standard, resident Kelly Parr said, “I just don’t understand how you can throw waivers at things that go against the law that defends people’s safety.” Another resident asked, “My question is how many casualties are you willing to accept? Five, 10? One is too many. Our safety is very much at risk here and I would like you to consider that.”

In rebuttal, Alwine said that the applicant was complying with all Fire Department requirements. Regarding the code condition, he stated that it did not apply to the subdivision, which has 20 lots. He said they had conversations about waivers and deviations at the preliminary plan stage with staff, engineering, and the Fire Department and that the Fire Department had given a letter of support which was submitted with the proposal.

Owner Joe Stifter, View Homes Inc., said, “The section of code that’s being referred to over and over and over, 8.4.4.D, it’s very specific in that it says, “No more than 25 units shall front and take access to a dead-end road” and what’s being continually referenced here is Hay Creek Road. We have 20 homes that front and take access from Snow Mountain Heights [the private road within the subdivision]. None of those front Hay Creek Road. So, speaking literally to the code, we meet that code.”

VanderWerf commented, “I do feel at this point I need the staff to provide a legal interpretation of this 8.4.4.D because we have different points of view with regard to this and I think it revolves around what space does the application of that land development code apply to? Does it apply to all of Hay Creek Road in its entirety or does it apply to each of the developments that feed into Hay Creek Road?’ Bagley explained, “There is a parcel between the northern boundary of their subdivision and Hay Creek Road, therefore staff has determined that it does not front Hay Creek Road.”

Meggan Herington, executive director, Planning and Community Development, said, “The beginning of Chapter 8 [of the Land Development Code] talks about the application of these subdivision design standards being specific to the subdivision itself, and so it’s difficult for us to say we’re going to apply this more globally outside of the subdivision review.”

Commissioner Holly Williams commented, “It does seem to me that it meets the fire district requirements.” Commissioner Carrie Geitner said, “I also appreciate our staff and believe they are the experts in interpreting our code, so I too take what Meggan [Herington] has said with great weight.” Chair Cami Bremer said, “I absolutely believe that this meets the criteria.” VanderWerf commented, “I would like to work with the staff to see if there’s anyway to put a second ingress/egress in and out of that road [Hay Creek Road].”

The vote to approve was 4-0 with Commissioner Longinos Gonzalez Jr. absent.

Old Denver Road rezone to commercial approved

Also at the May 9 BOCC land use meeting, the commissioners unanimously approved a request to rezone an 8.07-acre property at 16050 Old Denver Road from RR-5 (rural residential) to CS (commercial service). The 8.07-acre property is located half a mile north of the intersection of Baptist Road and Old Denver Road. The application was heard as a consent item, meaning there was no discussion.

The application came from the El Paso County Planning Commission meeting on April 18 with a unanimous recommendation for approval. It had been scheduled to be heard as a consent item at that meeting but was heard as a regular item at the request of Commissioner Christopher Whitney who had questions about the interplay of placetype (from the county’s master plan) and zoning. See https://www.ocn.me/v24n5.htm?zoom_highlight=%22old+denver+road%22.

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The El Paso County Board of County Commissioners (BOCC) usually meets every Tuesday at 9 am at Centennial Hall, 200 S. Cascade Ave., Suite 150, Colo. Springs. Agendas and meetings can be viewed at www.agendasuite.org/iip/elpaso. Information is available at 719-520-643. BOCC land use meetings are normally held the second and fourth Thursdays of the month (as needed) at 1 pm in Centennial Hall.

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

Other El Paso County articles

El Paso Board of County Commissioners, April 9, 11, and 16 – Wildfire mitigation urged as Black Forest slash and mulch program opens for season

By Helen Walklett

During April, the El Paso Board of County Commissioners (BOCC) made decisions relating to the Black Forest slash and mulch program and a Black Forest rezone application.

Black Forest slash and mulch program

At its April 9 meeting, the BOCC approved the 2024 memorandum of understanding (MOU) with the Black Forest Slash and Mulch Committee (SAMCOM), the nonprofit responsible for the program’s daily operation.

This wildfire mitigation program, staffed entirely by volunteers, accepts slash (tree debris including branches and leaves) from residents that is ground into mulch, which is available free of charge to the public. The program does not accept bulk loads of needles, tree stumps, roots, weeds or grass.

Under the MOU, the county contributes up to $40,000 toward grinder expenses, and SAMCOM provides $12,000 toward the costs.

The site, within Black Forest Section 16 on the east side of Herring Road and just south of Shoup Road, opened for the 2024 season for slash drop-off on April 27. Normal business hours are Saturdays and Sundays 7 a.m.-4 p.m. and Tuesday and Thursday evenings 5-7:30 p.m. Sundays between 7 a.m. and noon are for slash drop-off only. The last date for slash drop-off this year is Sept. 15. The drop-off fee for slash has increased this year to $10 per pickup truck. There is a loyalty card available that offers a discount.

Free mulch will be available for self-loading from May 18 through Sept. 21. For large quantities of mulch, an end loader will be available on Saturdays only, 7 a.m. to 4 p.m., charging $5 per bucket.

Describing the program as wonderful, Commissioner Holly Williams said, “I certainly encourage all of our Black Forest residents, as well as many of our northeastern Colorado Springs residents, to take advantage and to keep wildfire mitigation efforts on your property up to date.”

For more information, visit www.bfslash.org. Anyone wanting to volunteer to work a shift can do so via the website.

Vessey Road rezone

At their April 11 land use meeting, the commissioners voted to approve an application by Pawel Posorski for a rezoning of 6.02 acres from RR-5 (rural residential) to RR-2.5 (rural residential). The property is located at 6225 Vessey Road, one-half mile east of the intersection of Vessey Road and Neva Lane. A final plat application has also been submitted to create two lots from the parcel. This is currently under review and has not yet been scheduled for a public hearing.

The application was heard as a consent item, meaning there was no discussion. The application came from the Planning Commission with an 8-1 vote recommending approval. Commissioners Christopher Whitney was the nay vote, having concerns about the zoning not being consistent with the area and about the non-conformity of lots in the area. See https://www.ocn.me/v24n4.htm?zoom_highlight=%22vessey+road%22.

Ambulance license and permits

At the April 16 meeting, the commissioners approved an ambulance service license and two ambulance permits for the Black Forest Fire Rescue Protection District. At the previous week’s meeting, Commissioner Stan VanderWerf commented on the fact that the state had recently passed a statute that will take away local authorities’ power to issue ambulance permits beginning in July. These will now be issued at the state level. He said, “The law is the law, but this is just another example of centralization of power in Denver that I know in the long run will not be good for the State of Colorado when local governments know best what our local communities need.”

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The El Paso County Board of County Commissioners (BOCC) usually meets every Tuesday at 9 am at Centennial Hall, 200 S. Cascade Ave., Suite 150, Colo. Springs. Agendas and meetings can be viewed at www.agendasuite.org/iip/elpaso. Information is available at 719-520-643. BOCC land use meetings are normally held the second and fourth Thursdays of the month (as needed) at 1 pm in Centennial Hall.

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

Other El Paso County articles

El Paso County Board of County Commissioners, March 28 – Minor subdivisions in Black Forest and Gleneagle approved

By Helen Walklett

In March, the El Paso County Board of County Commissioners (BOCC) considered minor subdivision requests for properties in Black Forest and Gleneagle.

Forest Heights Estates

At their March 28 land use meeting, the commissioners heard a request by the Jon Didleaux and Phyllis Didleau Revocable Trust for approval of a 32.168-acre minor subdivision to create four single-family lots and two tracts. The property is zoned RR-5 (residential rural) and is located at 8250 Forest Heights Circle east of Herring Road and north of Shoup Road. The subdivision will be known as Forest Heights Estates.

The application came to the BOCC with a unanimous recommendation for approval from the March 7 El Paso County Planning Commission meeting. At that meeting, four citizens spoke in opposition, focusing on trail access, dedication of land for trail easements, the requested waivers (pertaining to allowing a private rather than public road and not establishing an HOA), and the maintenance agreement for the private road. The commissioners at that meeting felt the concerns were either not directly relevant to the review criteria or were not legally enforceable.

In conformity with the zoning, all four proposed lots will be a minimum of 5 acres. Two are proposed to be larger at 7.6 acres and 12.10 acres and these will be located on the property’s south side near neighboring larger properties. The two smaller lots will be located adjacent to smaller lots to the property’s north and west. Access to the lots is proposed via the existing private gravel road, Forest Heights Circle, which extends east from Herring Road and serves six existing family homes. The applicant will be responsible for improving the road and the cul-de-sac at its end. The maintenance of the road will be undertaken by the residents under a formal agreement, although the commissioners heard that not all the neighbors have signed this.

At the BOCC meeting, Ryan Howser, planner III, Planning and Community Development, said that since the Planning Commission hearing the applicant has proposed to work with the community to provide the requested trail easements. This would include a northern easement for a trail along the northern edge of lot 1, which would enable a connection to Meadow Glen Lane. The gesture was described by Commissioner Carrie Geitner as “quite generous.”

Judy von Ahlefeldt, an adjacent neighbor, spoke in opposition during the public comment section of the hearing to suggest an alternative to the planned cul-de-sac. This would see it built in a different location which she said would provide better protection for the wetlands. She described it as a practical, economic, conservation solution and said, “I am offering to purchase the end of Forest Heights Circle and have two shared private driveways. I will pay for survey costs. I will pay for maintaining this end of the road.”

In rebuttal Dave Gorman, with M.V.E. Inc. and representing the applicant, said the proposed roadway was designed to closely meet county standards and the cul-de-sac is required in the standards and was intended to promote safety. Applicant Jon Didleaux said, “Judy suggested that we move that cul-de-sac but that takes up two areas. It cuts into both 5-acre parcels that we’re trying to subdivide, and we were trying to avoid that just to make it a regular 5-acre parcel for the future owner without having to put a cul-de-sac in each person’s lot.”

Seeking clarification, Commissioner Stan VanderWerf said, “There were some statements made by Ms. von Ahlefeldt today offering an alternate proposal and offering to help fund that alternate proposal. Has there been a formal offer from her to your clients about that and, if so, has that been rejected by your clients?” The answer from Gorman was no. VanderWerf then continued, “Under the conditions that this might go forward and be voted on and approved, I just was interested in knowing, I would presume those discussions could continue should an offer be made and the applicant consider it?” Staff advised that this would be the case and it would be a matter for Ms. von Ahlefeldt and the applicant to work out between themselves.

The vote to approve was unanimous.

Gleneagle minor subdivision

Also at the March 28 land use meeting, the commissioners voted unanimously to approve a request by Aaron Atwood for a 5.04-acre minor subdivision to be known as Pair-A-Dise to create two single-family lots. The property is zoned RR-2.5 and is located on Struthers Loop, south of the junction of West Baptist Road and Leather Chaps Road. The site is currently vacant. The proposed lots will each slightly exceed 2.5 acres. The application was heard as a consent item, meaning there was no discussion.

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The El Paso County Board of County Commissioners (BOCC) usually meets every Tuesday at 9 am at Centennial Hall, 200 S. Cascade Ave., Suite 150, Colo. Springs. Agendas and meetings can be viewed at www.agendasuite.org/iip/elpaso. Information is available at 719-520-643. BOCC land use meetings are normally held the second and fourth Thursdays of the month (as needed) at 1 pm in Centennial Hall.

Helen Walklett can be reached at helenwalklett@ocn.me

Other El Paso County Board of County Commissioners articles

El Paso Board of County Commissioners, Jan. 30 and Feb. 22 – Palmer Lake annexation impact report received

By Helen Walklett

During February, the El Paso Board of County Commissioners (BOCC) considered an annexation impact report for land west of the Town of Palmer Lake. The commissioners also heard concerns about safety on Vollmer Road near the School in the Woods site at the end of January.

Palmer Lake annexation

The proposed Ben Lomand Mountain Village annexation into the Town of Palmer Lake was back on the agenda at the Feb. 22 BOCC land use meeting ahead of it being discussed that evening at the Palmer Lake Board of Trustees meeting. See the Palmer Lake Board of Trustees meeting article on page < 7 >.

Kylie Bagley, planner III, Planning and Community Development Department, said the annexation impact report contained more information on the annexation’s potential impacts than was available when the BOCC first discussed it at its Jan. 23 meeting.

The annexation request is being made by landowner United Congregational Church and concerns 181.5 acres of RR-5-zoned land south of County Line Road, west of Indi Drive, north of the Lakeview Heights subdivision, and east of Oakdale Drive.

The applicant intends to develop the site, along with an additional 163 acres already within Palmer Lake, and rezone the land to the RE Estate Zone, which allows single-family dwellings on a minimum lot size of 2.5 acres. The total development on the combined property is not expected to exceed 80 lots. The steep topography of parts of the property being considered for annexation as well as the necessary land dedications and rights-of-way for roads and utilities mean that a large portion of the property is anticipated to remain undeveloped. It is estimated that 104 of the 181.5 acres is buildable and, given the minimum lot size of 2.5 acres, this would result in about 41 lots on that portion.

All existing structures, including the existing church and youth center, would remain. The applicant intends to use the buildable remainder of the combined property for churches and other religious facilities. Public trail easements and recreational access may also be considered as part of any future development.

The report states that the town’s police and fire services and the school district are believed to be more than adequate to provide services to the proposed development. The applicant will need to submit a drainage report and a traffic impact study as the project progresses.

Commissioner Carrie Geitner asked if there were any remaining concerns that might be potential problems for county and should be relayed to the Town of Palmer Lake. Bagley answered that there were none at this time.

Commissioner Holly Williams asked if Palmer Lake would be taking over responsibility for County Line Road. Meggan Herington, executive director, Planning and Community Development, said it would be standard for the town to take on the portion adjacent to the development and that discussions about other segments would need to be ongoing as the development progressed. She also clarified that the county and the Colorado Department of Transportation would receive detailed documentation for review and comment as any development moved forward.

The BOCC cannot approve or deny an annexation impact report; the report serves to notify it of the annexation request and sets out potential impacts in general terms, allowing the BOCC to give direction to staff. Therefore, the commissioners accepted the report, but no vote was taken.

Vollmer Road safety concerns

During the public comments part of the Jan. 30 BOCC meeting, two residents raised concerns about safety and speeding on Vollmer Road, adjacent to the School in the Woods site. Dick Hegeman, a resident of Hardin Road opposite the school site, said traffic had increased exponentially over the years. He spoke of speeding and cars parked on both sides of Vollmer and along Hardin during busy times such as school choice night when prospective parents and pupils visit. He said, “Something’s got to be done because somebody is going to get hurt. Why can’t we be proactive instead of reactive.”

Vollmer Road resident Maggie Mae Stone stated, “I’ve been trying on the same subject for nearly 2 1/2 years to find out when somebody is going to give a damn about the kids at the School in the Woods and put up speed limit signs.”

Although it is a designated school zone, limited to 25 mph, this cannot be enforced because there are no signs. Stone told the commissioners that she and her husband had offered to pay for two signs, but no one had acted interested in any way. She said she had been told by three Sheriff’s Deputies on three separate occasions that nothing would change until someone died.

Chair Cami Bremer asked Josh Palmer, county engineer, to follow up directly with the two citizens to explain the measures taken and those planned, which include the installation of dual turn lanes over the summer when the school is closed.

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

Other El Paso Board of County Commissioners articles

El Paso County Board of County Commissioners, Jan. 9, 23, 25 – Palmer Lake annexation discussed

By Helen Walklett

During January, the El Paso Board of County Commissioners (BOCC) considered an annexation notification from the Town of Palmer Lake. The commissioners also adopted the 2024 budget and reappointed their chair and vice chair for a second year.

Ben Lomand Mountain Village annexation

Notification of an annexation request from the Town of Palmer Lake was received by the commissioners at their Jan. 23 meeting. The BOCC cannot approve or deny an annexation report; it serves to notify it of the annexation request and sets out potential impacts in general terms.

The Ben Lomand Mountain Village annexation concerns 181.5 acres of RR-5-zoned land south of County Line Road, west of Indi Drive, north of the Lakeview Heights subdivision, and east of Oakdale Drive. The request to annex the land into the town is being made by the United Congregational Church and was scheduled to be heard at the Palmer Lake Board of Trustees meeting on Jan. 25. Meggan Herington, executive director, Planning and Community Development, told the commissioners that she expected the request to be continued to a later date after an hour of testimony as required by statute. See the Palmer Lake Board of Trustees meeting article at left.

The applicants intend to develop the proposed 181.5 acres along with an additional 163 acres within Palmer Lake and rezone the land to the RE Estate Zone, which allows single-family dwellings on a minimum lot size of 2.5 acres. All existing structures, including the church and youth center, would remain. The county thought the development might number 80 or so houses.

The commissioners heard that the town had not yet provided a full Annexation Impact Report and had initially requested a waiver for this from the BOCC but had later said the information would be provided. The commissioners voted unanimously to decline the waiver, meaning the matter will return to the BOCC at a later date in the interest of full transparency. The commissioners noted that the application was a major matter for Palmer Lake and directed county staff to continue to work with the town on it. Commissioner Longinos Gonzalez said his first feedback would be that he would like to see the town accept the maintenance of certain county roads and maintain access to Ben Lomand Mountain.

The matter is ongoing.

2024 budget adopted

At the Jan. 9 meeting, the commissioners voted unanimously to adopt and appropriate the $491.6 million 2024 budget. Its adoption normally takes place in December, but it was postponed due to the special legislative session that took place at the state assembly.

Commissioner Gonzalez said, “I think this budget really addresses the needs of the community and [is] a great prioritization of public safety, roads.” Commissioner Stan VanderWerf said, “I appreciate calling it the recession-proof budget because we’re not 100% sure where 2024 is going to go and we have held reserve dollars in this budget in case we have an economic downturn.”

The commissioners went on to certify the 2023 mill levy for property taxes payable in 2024. Nikki Simmons, chief financial officer, said the mill levy of 7.192 mills was significantly lower than the overall authorized mill levy of 8.46 mills due to the TABOR cap. It represents an almost 17% reduction in the county’s portion of property tax bills.

Commissioner Carrie Geitner commented, “TABOR is the hero here. I’m happy for us to pass this but I would never want to lose sight of the fact that when the entire state was scrambling and trying to figure out what to do about these increases, regardless there was always a plan in El Paso County for the El Paso-specific taxes and that’s because TABOR always does its job of limiting government growth in this situation.”

Chair and vice chair reappointed

Also at the Jan. 9 BOCC meeting, the commissioners voted 4-1 to reappoint Commissioner Cami Bremer as chair and Commissioner Carrie Geitner as vice chair. Commissioner Gonzalez, who had put himself forward as a candidate for the position of chair, was the nay vote.

Hill subdivision approved

At the Jan. 25 BOCC land use meeting, the commissioners approved an application to subdivide a Black Forest property into three residential lots. The application came to the BOCC with a recommendation for approval from the Planning Commission. See the El Paso County Planning Commission article below.

Other decisions

Jan. 9—the commissioners approved the issuance of an ambulance permit to Tri-Lakes Monument Fire Protection District dba Monument Fire District. The six-month permit runs until June 1, 2024.

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The BOCC meets weekly, and the next meeting will be at 9 a.m. Thursday, Feb. 6. The commissioners will also meet on Feb. 8 and 22 at 9 a.m. to consider land use items.

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

Other El Paso Board of County Commissioners (BOCC) articles