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El Paso County Planning Commissioner Articles

El Paso County Planning Commission, Aug. 7 – Variance for rental unit rejected

By Marlene Brown

The El Paso County Planning Commission (EPCPC) held its regular bi-monthly meeting on Aug. 7. All voting members of EPC and staff were present. The agenda was requested by Commissioner Eric Moraes to be amended for the consent items to be heard as called-up agenda items.

Item number VA2523—Variance of Use, Spaatz Road—was moved from the consent items to the called-up agenda for hearing. This was a request by Jason and Emily Schott for approval of Variance of Use on 5.15 acres to allow an additional dwelling unit in the RR-5 Residential Rural district. The property is about 1.5 miles northwest of the intersection of I-25 and Baptist Road. The Schotts were there for an additional second dwelling variance for a garage that was converted to a rental with living quarters. The garage was permitted in 2022 as unheated and unoccupied and later converted to living quarters without updating the permit.

Jason Schott acknowledged making a mistake and was looking to correct the issue. Heat was installed in 2023 as the conversion to rental property was completed.

Neighbors of the property testified they were concerned about the increased traffic and use of a long-term rental property that would increase their taxes on the surrounding properties. Though Commissioners Tim Trowbridge and Becky Fuller said the property was always intended to be a rental, and an attempt to circumvent the Land Development Code and Master Plan would only set a precedent for other owners to convert properties without proper approval, the request for hardship was not inherent, and they would vote against the request. A motion for disapproval of the consent item passed 5-2. The item will be forwarded to the Board of County Commissioners for its consideration.

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The EPCPC normally meets on the first and third Monday of the month at 2880 International Circle, Suite 110, in Colorado Springs at 9 a.m. You can view hearings remotely at https://planningdevelopment.elpasoco.com/planning-community-development/2025-hearings-schedule/.

Marlene Brown can be contacted at marlenebrown@ocn.me.

Other El Paso County Planning Commission articles

El Paso County Planning Commission, June 19 – Commission recommends disapproval of Flying Horse East sketch plan

By Marlene Brown

At the June 19 meeting of the El Paso County Planning Commission (EPCPC), Ryan Houser, principal planner, Planning and Community Development, presented a request for approval of the sketch plan from applicant HRGreen representing Flying Horse Land Co. LLC for Flying Horse East, Phase 1. The property is located at Highway 94 and Enoch Road, about 7½ miles east of Falcon and adjacent to Schriever Space Force Base.

Flying Horse East is in the initial planning stage and will have future phases and filings, as the filings get built out, if approved. The Phase 1 plan consists of 1,821.3 acres, to include 818 acres of about 4,500 residential units, 31.2 acres for commercial use, 89.9 acres for institutional use, including schools, police and fire department utilities administration, 521.1 acres of designated land for mixed-use, 47.7 acres of right-of-way, 30.6 acres of open space, 96.6 acres of dedicated stormwater detention and 186.1 acres set aside for preservation of natural floodway that flows through the property.

Upon completion, Flying Horse East is projected to occupy 5,500 acres with hotels, restaurants, a resort with golf course, 30,000 residential units, and over 100,000 residents. The timeline would be at least five to 10 years for approval and beginning construction. See www.flyinghorseeast.com.

A resident of the area spoke at the hearing regarding traffic concerns. Just in the last five years, they said, the traffic on Highway 94 has become bumper to bumper going to and from work at Schiever Space Force Base and more complete traffic studies are sought. The Colorado Department of Transportation has had Highway 94 on its list of future projects but has not begun improvements.

Commissioners expressed concern about the mixed-use units being so close to the base, needing a larger land buffer, according to federal mandates. The EPCPC voted 3-5 against the sketch plan being approved at this time and requested that changes be made to follow federal and state mandates and the county Master Plan. See the Electronic Development Application Review Program (EDARP) at https://epcdevplanreview.com for details and supporting documents for project SKP242 Flying Horse East.

The EPCPC staff has been working on and is scheduled to present updates to the Master Plan on July 17.

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The EPCPC normally meets the first Thursday and if required the third Thursday of each month at the Regional Development Center, 2880 International Circle, Colorado Springs. For more information, call 719-520-6300 or to watch the meetings live or recorded go to https://cloud.castus.tv/vod/elpasoco/?page=HOME. Due to vacation schedules, the calendar for EPCPC shows only one meeting in July, on the July 17, and one in August, on August 7.

Marlene Brown can be reached at marlenebrown@ocn.me

Other El Paso County Planning Commission articles

El Paso County Planning Commission, March 6 and 20 – Three projects recommended to BOCC

By Marlene Brown

At the March 6 meeting of the El Paso County Planning Commission, the commissioners approved 9-0 the Final Plat of the Burkheimer Subdivision at the intersection of Black Forest Road and Vessey Road. John Burkheimer requested that the 13.68-acre property (zoned RR-5) be split into two lots, one being 8.4 acres and the other 5.1 acres. The project was recommended to the El Paso Board of County Commissioners (BOCC).

During the March 20 meeting, consent calendar item P252 map amendment (rezoning from RR-5 to RR 2.5 acres) Ben Lomand Mountain Village would include about 74 single-residence lots with a minimum size of 2.5 acres serviced by individual wells and septic systems. It was recommended to the BOCC.

Item SF247 Final Plat, New Breed Ranch Filing No. 3, a 34.7-acre zoned Planned Unit Development (PUD) would create seven single-family residential lots on portions of 279.07-acre property near Shoup Road and Highway 83. The item passed 8-0 and was forwarded to the BOCC.

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The EPCPC normally meets on the first Thursday and if required the third Thursday of each month at the Regional Development Center, 2880 International Circle, Colorado Springs. For more information, call 719-520-6300 or to watch the meetings live or recorded go to https://cloud.castus.tv/vod/elpasoco/?page=HOME.

Marlene Brown can be reached at marlenebrown@ocn.me.

Other El Paso County Planning Commission articles

El Paso County Planning Commission, Feb. 20 – Approval recommended for three lots at Black Forest property

By Helen Walklett

In February, the El Paso Planning Commission heard a request to create three single-family residential lots on a Black Forest property to be known as Misfits Crew Estates.

Misfits Crew Estates

At their Feb. 20 meeting, the commissioners voted unanimously to approve a final plat request to create a minor subdivision of three single-family residential lots on a 35.72-acre Mountain Shadow View property. It is located on the north side of Hodgen Road and to the west of Thompson Road and is zoned RR-5 (rural residential).

The property has an existing home and a barn on its northeastern portion. Long View Estates subdivision with existing 5-acre properties is located to the west. Thirty-five-plus-acre unplatted parcels with existing residences are located to the north and east. The site is accessed by Mountain Shadow View, a private gravel road, which connects to the unpaved Thompson Road.

The proposed Lot 1 would be about 25.7 acres and would contain the existing residence and barn. Lots 2 and 3 would be about 5 acres each and would be made available for single-family residential construction.

The application was heard as a consent item, meaning there was no discussion. It is now due to be heard at the El Paso Board of County Commissioners land use meeting on March 13.

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The El Paso County Planning Commission normally meets the first and (as required) the third Thursday of each month at the Regional Development Center, 2880 International Circle, Colo. Springs. Meetings are live-streamed on the El Paso County News and Information Channel at www.elpasoco.com/news-information-channel. Information is available at 719-520-6300 and https://planningdevelopment.elpasoco.com/planning-community-development/2025-hearings-schedule/.

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

Other El Paso County Planning Commission articles

El Paso County Planning Commission, Dec. 5 – Urban Landing off Struthers Road recommended for approval

By Helen Walklett

During December, the El Paso County Planning Commissioners heard requests for the proposed Urban Landing Development off Struthers Road.

Urban Landing development

At their Dec. 5 meeting, the commissioners heard combined requests for a 49 single-family lot development on 6.58 acres at the southeast corner of the intersection of Struthers Road and Spanish Bit Drive, south of the Big R store. The developer, Elite Properties of America Inc., is requesting a rezone from R-4 (planned development), a now obsolete zoning category, to PUD (planned unit development) and approval of a preliminary plan.

Ryan Howser, principal planner, Planning and Community Development Department, said that density would be roughly the same under the proposed zoning at 7.5 dwelling units per acre as under the current zoning. He continued, “The previous R-4 zoning also contemplated multi-family and single-family attached for this property. The current proposal contemplates a single-family detached product with no multi-family, no multi-story apartments.”

Each unit would have a two-car garage or two parking spaces on the lot and there would be 22 guest parking spaces. The building footprints would not exceed 800 square feet, excluding the garage and would not be more than 30 feet high. A homeowners association would maintain1.82 acres of usable open space.

As four citizens were present to comment, the application was moved from the consent calendar and given a full hearing. They had questions and concerns about stormwater drainage, traffic in relation to both the gravel roads and access to Struthers Road, light pollution, and compatibility with the surrounding area. Adjacent property owner Doug Schanel, while not opposed to the development itself, said stormwater runoff was already an issue and described the challenges of accessing Struthers Road from Spanish Bit Drive where there are no turn or acceleration lanes.

Steve Sery, a former chair of the Planning Commission and a resident of Chapparal Hills, the subdivision to the east, said the school buses take the unpaved Chapparal Hills route to the elementary school, with Struthers and Baptist Roads being a longer route. He imagined residents of the new development would likely do the same. He called for acceleration lanes from Spanish Bit Drive turning left and right onto Struthers Road to be installed with this subdivision and not wait on further development adding more traffic.

Paul Krause, whose Spanish Bit Drive property is right next to the proposed development, said, “I do 100% oppose the size of this development that’s going to be in there. Something’s going to go in there sooner or later, I get that. The writing’s on the wall and my objective is to mitigate the size of what it is to help mitigate some of the traffic that comes through.”

Chaparral Hills resident Kevin Beechwood described the proposal as a “cash grab by the developers.” “Now you want to take what is a normal-sized lot for Chapparal Hills which is right at the border and you want to put 50 units there. That’s basically the size of this whole neighborhood and that’s in my mind and my neighbors’ minds absolutely ridiculous and unthought of.” He added, “Yes, something is going to be developed but nonetheless putting 50 units and essentially building a trailer park at the end of the road is nothing that is going to be good.”

Chair Tom Bailey commented, “So we’ve given you an opportunity to express a lot of things and I’ll just interject here that the vast majority of those have nothing to do with the approval criteria here and are mostly things that are not the responsibility of the property owner.” He continued, “Our job is to let property owners apply and ask to do things with the property that they own, and this property owner has a plan and would like to do something with it.”

Brooks Swenson with N.E.S. Inc. and representing the applicant, described the proposal as providing “a nice transition to the existing and proposed commercial zone to the north.” He said, “With this just being 49 lots and most of these are one and maybe two bedrooms, it might not be a big driver of a lot of additional students to the school.” Responding to comments traffic would cut through the existing neighborhood, he said he thought it would be much more convenient to use Struthers Road.

Swenson described the Chaparral Hills neighborhood as an anomaly compared to everything else around it which is PUD or R-4, the equivalent of PUD, and compatible with the proposed development.

Andrea Barlow with N.E.S. and representing the applicant, explained that there are a number of proposed improvements to the Struthers Road and Spanish Bit Drive junction. Some are the responsibility of the Urban Landing developer; some are combined improvements with the Cathedral Rock Commons commercial development. She said the two developers are in discussion about the timings of these improvements which would include construction of a northbound right-turn lane on Struthers Road at Spanish Bit Drive, the lengthening of the southbound left-turn lane on Struthers, and construction of left- and right-turn lanes on Spanish Bit Drive at Struthers.

The applicant would also be responsible for paving Spanish Bit Drive to the eastern boundary of their property. Barlow said an acceleration lane on Struthers Drive had not been identified as a required improvement given the volume of traffic.

Commissioner Tim Trowbridge commented, “We need the housing. This does fit.”

The vote to recommend approval was unanimous. The application was then heard at the El Paso Board of County Commissioners’ Dec. 17 meeting. See BOCC article in this issue.

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The El Paso County Planning Commission normally meets the first and (as required) the third Thursday of each month at the Regional Development Center, 2880 International Circle, Colo. Springs. Meetings are live-streamed on the El Paso County News and Information Channel at www.elpasoco.com/news-information-channel. Information is available at 719-520-6300 and https://planningdevelopment.elpasoco.com/planning-community-development/2025-hearings-schedule/.

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

Other El Paso County Planning Commission articles

El Paso County Planning Commission, Nov. 7 and 21 – Housing density, compatibility concerns raised with proposed Monument Ridge development

By Helen Walklett

During November, the commissioners heard requests relating to the proposed Monument Ridge development south of County Line Road and directly east of I-25. They also recommended for approval a final plat in Black Forest that would create six single-family lots.

Monument Ridge

At their Nov. 21 meeting, the commissioners heard requests for two rezones and a preliminary plan for the proposed Monument Ridge development. The property is just under 60 acres and is directly southeast of the intersection of Interstate 25 and County Line Road, southwest of the intersection of County Line Road and Doewood Drive, and a half-mile north of the intersection of Monument Hill Road and Misty Acres Boulevard. It is currently zoned a mixture of Planned Unit Development (PUD), RS-20000 (residential suburban) and various commercial zonings. Before the applications to county, the property was twice the subject of unsuccessful attempts to annex it into the Town of Monument.

The property would be bisected by the planned extension north of Misty Acres Boulevard. The first rezone concerns almost 19 acres east of this extension and would be rezoned to RS-6000 (residential suburban). The applicant plans to create 37 single-family lots on this portion and has committed to 15,000-square-foot lots against the existing 20,000-square-foot lots on the property’s eastern boundary.

The second rezone relates to the 40.51-acre portion west of the Misty Acres Boulevard extension which is bordered to the west by I-25. This rezone would be to the higher density zoning of RM-12 (residential, multi-dwelling). The preliminary plan shows 21 multi-family lots with 305 family units on this portion. The applicant’s letter of intent states that these units will be attached single-family rental units or condo units.

The applicant held a neighborhood meeting in June with over 100 residents in attendance. Kylie Bagley, principal planner, Planning and Community Development Department, said neighbors raised concerns about traffic, landscaping, usable open space, water availability, and housing density. She said 98 adjacent neighbors had been notified ahead of the public hearings and the county had received opposition to the applications.

Craig Dossey of Vertex Consulting Services LLC and representing the applicant said they were bringing up a preliminary plan concurrent with a rezoning so everyone could see the detail of what is being proposed. He stated that the current zoning would allow a lot of different commercial uses on parts of the property. Referring to the northern portion, he said, “A developer could come in today, buy this property, and go build commercial without any approval from the Planning Commission or the Board of County Commissioners.”

During the public comment section of the hearing, six neighbors spoke in support, preferring to see residential developed rather than commercial.

Harold Larson, a Doewood Drive resident, said, “What I’m asking is for you to not back the developer into a corner where he has to go back to the original zoning, where he has to go back to putting commercial there.” He added, “Residential is what I want.”

Bruce Sidebotham, who owns property immediately to the south, said, “This plan brings it all together there in a way that I can live with and that I think supports the Gateway to Monument idea.”

Former Monument Town Council member Darcy Schoening described the proposals as “the best possible solution for this land.”

Twelve people spoke in opposition. While agreeing with those in favor that they did not want to see commercial development, some voiced concerns about the higher density RM-12 rezoning. Doewood Drive resident Robin Wright said his opposition was to the RM-12 rezoning and asked if the rezoning could be RS-6000 throughout.

The Town of Monument has submitted a resolution protesting the rezoning. It states that the development has minimal to no passive or active open space, would put a strain on the town’s Police Department, is detrimental to the preservation of the natural environment, and urges the Planning Commission and the El Paso Board of County Commissioners (BOCC) to reconsider the proposal as a PUD.

Steve King, Monument mayor pro tem, spoke at the hearing to say a PUD application would have ensured community input. Monument Mayor Mitch LaKind voiced concerns about the town’s ability to adequately police the development and said the density was too much. Monument Town Councilmember Kenneth Kimple spoke by phone and said he was not against development but felt the RM-12 high density was not a necessity or need.

In rebuttal, Dossey said those who had spoken in favor were “immediate, adjacent owners telling you this is what’s right for the property.”

The vote to recommend the rezone to RS-6000 was 8-0. The vote to approve the higher density RM-12 zoning was tied 4-4 with Commissioners Jim Byers, Christopher Whitney, Tim Trowbridge, and Eric Moraes the nay votes due to compatibility concerns.

Byers said, “I didn’t hear a compelling justification for the density. I don’t believe it’s compatible with the existing condition.” Trowbridge commented that “the density doesn’t feel quite right.” Chair Tom Bailey said, “I think this would have been an improvement over what’s currently authorized by right.” The tied vote means this rezoning application goes to the BOCC with no recommendation.

The commissioners voted 5-3 to recommend the preliminary plan for approval. The nay votes were Moraes, Trowbridge, and Whitney. Whitney stated, “I’m not smart enough to get my mind around approving a plan that contains a major element with which I disagree.” Moraes and Trowbridge agreed.

The applications are now scheduled to be heard at the BOCC land use meeting on Dec. 12. If the preliminary plan is approved, final plats may be approved administratively.

At the Nov. 7 meeting, the commissioners heard a request by Wayne-Anthony Custom Homes for approval of a 35-acre final plat to create six single-family lots. The property is zoned RR-5 (residential rural) and is on Mariah Trail, about a mile south of Highway 404 and a mile west of Black Forest Road.

Two Elk Creek Ranch residents, whose property adjoins the proposed development, phoned into the meeting to comment on access and voice concerns that residents of the new development would have to use Elk Creek Ranch’s roads for access but would do so without having to abide by their covenants.

Commissioner Jeffrey Markewich asked for clarification on the ownership of the roads and was told they are public and maintained by the county. Commissioner Becky Fuller pointed out that covenants are not part of the review criteria.

The vote to recommend approval was unanimous. This is now scheduled to be heard at the BOCC land use meeting on Dec. 12.

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The El Paso County Planning Commission normally meets the first and (as required) the third Thursday of each month at the Regional Development Center, 2880 International Circle, Colo. Springs. Meetings are live-streamed on the El Paso County News and Information Channel at www.elpasoco.com/news-information-channel. Information is available at 719-520-6300 and https://planningdevelopment.elpasoco.com/planning-community-development/2024-hearings-schedule/.

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

Other El Paso County Planning Commission articles

El Paso County Planning Commission, Oct. 17 – Two Tri-Lakes developments recommended for approval

By Helen Walklett

During October, the El Paso County Planning Commission recommended for approval development requests for the final portion of the Settlers Ranch development north of Hodgen Road and the Waterside at Lake Woodmoor development off Woodmoor Drive.

Settlers Ranch

At their Oct. 17 meeting, the commissioners heard requests for a rezone and final plat for the final portion of the Settlers Ranch development. A total of 24 single-family residential lots would be created.

The 78.71-acre property is situated north of Hodgen Road, west of Steppler Road and east of the currently developed part of Settlers Ranch, which consists of single-family detached lots varying between 2.5 and 5 acres. The development adjoins the Abert Ranch and Settlers View subdivisions to the north. The property is in two separated areas that are joined and served by Settlers Ranch Road.

The El Paso Board of County Commissioners (BOCC) approved the Settlers Ranch development in January 2005 for a total of 86 single-family lots. The current application to rezone from planned unit development (PUD) to RR-2.5 (residential rural), concerns only the 53.53-acre part of the property to the north and west. It would add six lots to this part of the development, which was originally planned to have 10, therefore increasing the total number of lots to 92.

In their letter of intent, the applicant states that the character of the area has changed and an RR-2.5 zoning would now provide consistency with the surrounding area. Under the original PUD zoning, lots in this portion would have ranged from 3 to 5.5 acres.

The 22.51-acre portion of the property to the south and west would remain as a PUD with eight lots varying from 2.5 to 2.74 acres.

Waterside at Lake Woodmoor

Also at the Oct. 17 meeting, the commissioners heard rezone and preliminary plan requests for the proposed 44-single family townhome development, Waterside at Lake Woodmoor. The property is east of Woodmoor Drive and south of Deer Creek Road and borders the lake to its east.

The property is part of a development plan for the Waterside Condominiums, which were approved by the BOCC in 1983. This would have seen 83 condominiums built, but the development never moved forward. In 2023, the current owner proposed a rezone and preliminary plan that would have seen 52 single-family town homes developed. The application was recommended for approval by the Planning Commission by a vote of 6-1 but was withdrawn by the applicant before the BOCC hearing. This new application proposes eight fewer units. See https://ocn.me/v23n6.htm#epcpc.

The rezone application requests that the 7.53-acre property be rezoned from R-4 (planned development) to PUD. Approval of the preliminary plan would mean that subsequent final plats and other agreements could be approved administratively.

The proposed units would be attached and each would have a two-car garage. The density would be significantly lower than the 1980s plan at 5.84 dwelling units per acre. Just over an acre of land would be donated to the Woodmoor Improvement Association to provide a buffer to the existing single-family residential neighborhood to the south.

The commissioners voted unanimously to recommend the applications for approval, and they are now due to be heard at the BOCC land use meeting on Nov. 14.

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The El Paso County Planning Commission normally meets the first and (as required) the third Thursday of each month at the Regional Development Center, 2880 International Circle, Colo. Springs. Meetings are live-streamed on the El Paso County News and Information Channel at www.elpasoco.com/news-information-channel. Information is available at 719-520-6300 and https://planningdevelopment.elpasoco.com/planning-community-development/2024-hearings-schedule/.

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

Other EPC Planning Commission articles

El Paso County Planning Commission, Aug. 1 and 15 – Extension to Cathedral Pines development recommended for approval

By Helen Walklett

During August, the El Paso County Planning Commission recommended for approval a request which would extend the Cathedral Pines subdivision, adding eight residential lots in a gated community to be known as The Estates at Cathedral Pines. They also heard requests that would see two Black Forest properties each divided into two separate lots.

The Estates at Cathedral Pines

At their Aug. 15 meeting, the commissioners heard a request by Villagree Development LLC for approval of a rezoning of 35.09 acres from RR-5 (residential rural) to PUD (planned unit development) and approval of a preliminary plan for eight single-family residential lots with open space provision. The currently vacant property is on the west side of Winslow Drive, about 1 mile northwest of the intersection of Shoup and Milam Roads.

The applicant is also seeking a finding of water sufficiency with regards to water quality, quantity, and dependability. Approval of the preliminary plan with such a finding would mean subsequent final plats could be approved administratively, i.e. without public hearings.

The proposed development would be an extension of the Cathedral Pines subdivision, which surrounds the property to the north and east. The proposed lots would range from 2.93 to 4.23 acres and are considered consistent with those in the Cathedral Pines subdivision where the minimum lot size is 2.5 acres. Falcon Forest, the subdivision to the south, has a minimum lot size of 5 acres. The 132-acre property to the west is zoned RR-5 and is undeveloped.

The commissioners voted to recommend the request for approval. It was heard as a consent item, meaning there was no discussion. It is now scheduled to be considered at the Sept. 12 El Paso Board of County Commissioners (BOCC) land use meeting.

Hodgen Road and Snowmass Drive properties

At their Aug. 1 meeting, the commissioners heard a request to subdivide a Hodgen Road property into two residential lots. The 38.68-acre property is zoned RR-5 and is south of Hodgen Road just east of the intersection of Roller Coaster Road and Baptist Road. The proposed lots would be 20.25 and 18.41 acres.

At the same meeting, the commissioners considered a request to replat a 10.36-acre property on Snow Mass Drive east of Black Forest Road to create two residential lots. The two lots would be just over 5 acres each in conformity with the zoning. The property is zoned RR-5.

The commissioners voted unanimously to recommend both applications for approval. They were heard as consent items, meaning there was no discussion. They went on to be approved at the BOCC land use meeting on Aug. 22, again as consent items.

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The El Paso County Planning Commission normally meets the first and (as required) the third Thursday of each month at the Regional Development Center, 2880 International Circle, Colo. Springs. Meetings are live-streamed on the El Paso County News and Information Channel at www.elpasoco.com/news-information-channel. Information is available at 719-520-6300 and https://planningdevelopment.elpasoco.com/planning-community-development/2024-hearings-schedule/.

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

Other El Paso County Planning Commission articles

El Paso County Planning Commission, June 6 and 20 – Planning commission recommend denial of Monument glamping site expansion

By Helen Walklett

At the El Paso County Planning Commission meeting on June 6, the commissioners heard a request to expand a glamping site near Monument. Also during June, the commissioners heard a final plat application for a Black Forest property.

Monument glamping site expansion

At their June 6 meeting, the commissioners heard a request by owner Chris Jeub for approval of an amendment to an existing special use to allow four extra sites at his glamping business on his 6.44-acre property at Rickenbacker Avenue, west of Interstate 25 and bordering the Town of Monument. The property is zoned RR-5 (rural residential).

Note: Glamping is a term combining “glamor” and “camping,” meaning camping with certain amenities. Jeub is a volunteer for OCN.

The commissioners heard that Jeub successfully applied for a special use permit for the business in 2022 following a 2021 code enforcement complaint that there were multiple structures on the property, besides the primary residence, such as tents and outdoor bathroom facilities. The special use permitted eight tent or yurt sites with four shared bathrooms and was granted administratively (meaning there were no public hearings) after opposition was withdrawn.

The current application follows complaints about a recreational vehicle (RV) and shipping container at the property. Its approval would modify the special use to increase the number of sites to 12 and allow for a variety of hard-sided camping structures to include RVs and shipping containers. Should approval be granted, the next step would see a site development plan submitted for county’s approval.

Ashlyn Mathy, planner II, Planning and Community Development Department, said the modification would permit various structures such as RVs and shipping containers, which are not normally something you would expect to see in a rural residential area. She continued, “The applicant has not identified the number of glamping sites that will utilize specifically shipping containers and RVs. Therefore, it’s going to be a little more difficult to determine the impact to the surrounding neighbors. With the utilization of the shipping containers and recreational vehicles, we do see that it may not be compatible with the surrounding rural residential neighborhood.”

Mathy said 29 neighbors had been notified and opposition received focused on safety and traffic concerns, a lack of compatibility with the surrounding area, and concerns about the applicant continually doing things on the property without approvals from county. Support for the application noted that it would be a boost to tourism and that it would not have a negative effect on the community. Staff had suggested conditions of approval based on the mitigation of negative impacts to neighbors using landscaping, fence buffering, and other measures to reduce visual impacts, noise, and lighting pollution.

Craig Dossey, president, Vertex Consulting Services, representing the applicant, said stays at the site are intended to be temporary, not exceeding 30 days at a time and no more than 90 in total in one year and stated that the Jeubs are very committed to operating a good business. Describing the proposal as a low-impact development, he said, “We think this is a great transition between a pretty urban area in the town, which is frankly a traditional subdivision just to the east, and that more rural area transitioning up to the National Forest.”

Jeub explained, “Container homes do very well as far as the way the market of glamping goes. Glamping changes very quickly as far as structures and how well the structures do in the market of glamping.” He explained that the additional sites would enable him to pay for some of the required improvements and said, “I want to have beautiful structures here. I don’t want to have junky structures and I think the RV is a step up from the tent that we had.” Dossey added, “There needs to be some flexibility because it is such a developing market right now.”

Commissioner Becky Fuller commented that it was not just four more tent sites that were being requested. She said, “I believe when this [the original application] was approved, the neighbors kind of let it go because it was tents.” She said she thought it was very intentional to approve tents and that this application was a different use variance than that which was already approved. She said she could not see the compatibility of short-term, summer camping versus the longer-term nature of hard-sided structures which could be lived in year-round. She also commented on the code violations which resulted in the special use applications, asking, “Why are we doing something and asking for forgiveness?”

Dossey said he felt the tent-only definition was county staff’s “interpretation” of the wording in the original special use. Mathy said, “it is clearly depicted that it’s all tents” and Meggan Herington, executive director, Planning and Community Development, concurred.

Chris Maciejewski, attorney with Robinson and Henry, P.C. and representing several of the neighbors, said, “It’s clear they’re asking for open-ended approval as to what they can do under that special use permit.” The three sites beside Monument Creek must be tents as no permanent development is permitted on the floodplain. Maciejewski said he thought the expectation is that the other nine would be hard-sided structures and commented, “The expansion to hard-sided structures is going to be a significant change from eight approved tent sites.”

Commissioner Eric Moraes said, “This was approved based on tents. Both the executive director and county attorney confirm that and now we are coming to what’s in my mind a drastically different business to be in the neighborhood with hard-sided, large structures.” Commissioner Christopher Whitney said, “I’m going to be opposed because I think it’s completely incompatible. It’s not really a modification of the earlier special usage but a brand-new application in my mind.”

Commissioner Thomas Bailey took a different view, stating, “Portions of the master plan encourage economic development, encourage this kind of thing, and I see it very much as an entrepreneurial use.” Commissioner Sarah Brittain Jack concurred.

The vote was 7-2 to recommend denial of the application. The nay votes were Bailey and Brittain Jack. The application was then heard at the El Paso Board of County Commissioners’ (BOCC) land use meeting on June 27. See BOCC article on page < 1 >.

Vessey Road rezone

At the June 20 meeting, the commissioners heard a final plat application by Pawel Posorski to create two single-family lots of just over 2.5 acres each on a 6.02-acre Vessey Road property, about one-third of a mile east of the intersection of Vessey Road and Holmes Road. The land was rezoned from RR-5 (rural residential) to RR-2.5 (rural residential) in April. See www.ocn.me/v24n5.htm?zoom_highlight=posorski.

The commissioners voted unanimously to recommend the application for approval. It was heard as a consent item, meaning there was no discussion, and is now due to be heard at the BOCC land use meeting on July 25.

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The El Paso County Planning Commission normally meets the first and (as required) the third Thursday of each month at the Regional Development Center, 2880 International Circle, Colo. Springs. Meetings are live-streamed on the El Paso County News and Information Channel at www.elpasoco.com/news-information-channel. Information is available at 719-520-6300 and planningdevelopment.elpasoco.com/planning-community-development/2024-hearings-schedule/.

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

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El Paso County Planning Commission, May 2 – Variance for Black Forest property would allow short-term rental to continue

By Helen Walklett

At the El Paso County Planning Commission meeting on May 2, the commissioners heard a request from owners Drew and Tarah MacAlmon for approval of a variance of use to allow an ancillary building to continue to be used as an occasional short-term rental. The 4.78-acre property is located on South Holmes Road, south of its intersection with Burgess Road, and is zoned RR-5 (residential rural).

The MacAlmons received approval in 2018 for an ancillary building to provide a home office and additional living space. It passed all inspections in 2019, and the bedrooms in the basement of the building have been rented out on a short-term basis since that time with the owners not knowing this was not an allowed use.

In 2022 an anonymous complaint about the rental was made to the county’s code enforcement officers, and a violation notice followed. The MacAlmons then met with county staff and were advised not to submit a variance of use application at that time, which would bring the rental activity into compliance, because the county was exploring code amendments that would allow accessory dwelling units.

Meggan Heringtion, executive director, Planning and Community Development, said, “I gave them the ability to hold off. We received the complaint about what we deemed a second dwelling. However, at the time we had been instructed to work on potential code revisions to allow accessory dwelling units and since we were working on that, I did say hold off.” She explained that when the amendment was put on hold waiting for the state Legislature, the applicants were asked to submit a variance of use application. This was done in August 2023.

Ashlyn Mathy, planner II, Planning and Community Development Department, explained that because the 2018 site plan showed no kitchen, the applicants were not required to sign an affidavit acknowledging they could not rent or lease the structure as a separate living unit. Renting the space was never discussed. She said 15 neighbors had been notified and no opposition had been received but a common theme from neighbors was the suggestion that the variance be tied to the owners rather than the property so that it would not be automatically transferred were the property to be sold.

The applicants represented themselves at the hearing. Speaking about the rental activity, Drew MacAlmon said, “We feel this is a way we can recoup some of the cost of rising property taxes as well as the investment we made into the structure.” He said there was no mention of short-term rental in county’s land development code in 2018.

Tarah MacAlmon told the commissioners their primary intent had always been to have a place to work from home and their focus was on completing the office space first. She said that over time they realized there might be a way for the other space in the building to be profitable.

Commissioner Tim Trowbridge commented that the staff report stated a kitchen is present. Drew MacAlmon responded that they had installed an oven without realizing it would be such an issue but had removed it when told it was not allowed. Trowbridge commented, “I’m troubled by what I see as a backdoor attempt at getting this approved.” Commissioner Becky Fuller said, “I would feel better if you said ‘We snook it in and got nailed” because that’s what I feel like happened.’

Drew MacAlmon said, “In our eyes, we went through the process there of inspections, plans, engineering, building that structure and that was all approved.” Tarah MacAlmon commented, “Our willingness and desire is to be fully in compliance and be able to rent this space out that we indeed have invested in.”

Mathy said there had been a unique situation with this project and that there had been some confusion with the process. Justin Kilgore, planning manager, Planning and Community Development, told the commissioners, “This application is the remedy to fix the miscommunications or perceived issues with the project.”

Fuller stated, “To me it’s all about the review criteria. I think the applicant has not shown this in their application. I don’t think that what we have been presented here today meets the appropriate criteria.” She encouraged them to work with department staff and to focus on the criteria to prepare for the El Paso Board of County Commissioners’ (BOCC) land use hearing.

Commissioner Bryce Schuettpelz said, “One of the criteria about the financial hardship is a hard argument to make because if you truly built it to be an office, you weren’t planning on income coming in.”

Trowbridge said, “Short-term rentals are a commercial enterprise. It’s not a guest house and it’s not compatible.”

Chair Tom Bailey stated, “I am in favor of this because I believe the variance is the appropriate vehicle for addressing a shortcoming in our current code and in our current process.”

A motion to approve without further conditions was amended by a vote of 6-2 to include a condition that the variance only apply while the MacAlmons own the property, becoming void upon its sale. The amended motion to recommend approval then succeeded by a vote of 5-3. The nay votes were Fuller, Trowbridge, and Commissioner Christopher Whitney.

Whitney advised the applicants to really look at the approval criteria ahead of the BOCC hearing. To the undue hardship criterium, he suggested the hardship may be that the process is confusing. Speaking to his nay vote, Trowbridge said, “I don’t think this is compatible with the neighborhood. I don’t think short-term rentals belong here.”

The application is now scheduled to be heard at the BOCC land use meeting on June 13.

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The El Paso County Planning Commission normally meets the first and (as required) the third Thursday of each month at the Regional Development Center, 2880 International Circle, Colo. Springs. Meetings are live-streamed on the El Paso County News and Information Channel at https://www.elpasoco.com/news-information-channel. Information is available at 719-520-6300 and https://planningdevelopment.elpasoco.com/planning-community-development/2024-hearings-schedule/.

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

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El Paso County Planning Commission, April 18 – Old Denver Road property requesting rezone to commercial

By Helen Walklett

At the El Paso County Planning Commission meeting on April 18, the commissioners heard a request to rezone an 8.07-acre property at 16050 Old Denver Road from RR-5 (rural residential) to CS (commercial service). The property is one-half mile north of the intersection of Baptist Road and Old Denver Road. The application was originally scheduled as a consent item, meaning there would be no discussion, but was pulled and 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.

Discussion at the hearing focused on the existing duplex on the property, which is not an allowed use by right under the CS zoning and would require a variance of use. Staff has proposed a condition to the zoning approval that would see the duplex remain until it’s vacant for more than a year, is removed, or is repurposed for a use permitted within the CS zoning district when commercial development occurs.

Nina Ruiz, with Vertex Consulting Services and representing the owner, All In Investments LLC, said, “If they [the owner] were to develop this property as warehousing, mini-warehousing and outside storage, those types of uses, it’s very possible that they could convert a portion of the structure into an office because they would need an office, and then the other portion could remain a caretaker’s quarters. That would be included within the site development plan.”

There was no public comment. The Planning Commission voted unanimously to recommend the application for approval, and it is now due to be heard at the El Paso Board of County Commissioners land use meeting on May 9.

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The El Paso County Planning Commission normally meets the first and (as required) the third Thursday of each month at the Regional Development Center, 2880 International Circle, Colo. Springs. Meetings are live-streamed on the El Paso County News and Information Channel at https://www.elpasoco.com/news-information-channel. Information is available at 719-520-6300 and https://planningdevelopment.elpasoco.com/planning-community-development/2024-hearings-schedule/.

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

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El Paso County Planning Commission, March 7 and 21 – Highway 83 access plan approved

By Helen Walklett

At the March 7 El Paso County Planning Commission meeting, the commissioners voted unanimously to approve the Highway 83 Access Control Plan (ACP) and incorporate it into the county’s master plan. The commissioners also heard three land development requests for the Tri-Lakes area during March.

Highway 83 access plan

The ACP covers the stretch of Highway 83 from its junction with Powers Boulevard to County Line Road, a length of almost 10 miles. It is a long-range plan for 2045 and beyond aimed at improving safety and mobility. The county’s Department of Public Works, the Colorado Department of Transportation (CDOT) and the City of Colorado Springs worked together to develop the plan. CDOT led the work because it owns and maintains the corridor.

The Planning Commission previously received a presentation of the proposed plan at its Dec. 7 meeting. See www.ocn.me/v24n1.htm#wpcpc.

Arthur Gonzalez of CDOT told the commissioners that the only change since the December presentation had been the inclusion of an access based on an agreement between CDOT and an individual which had been omitted from the initial proposed plan. There are around 70 individual access points along this part of Highway 83 and most allow full movement, meaning there are no turn restrictions.

Future traffic volumes along this portion of the highway are expected to increase in the range of 17% to 86% by 2045. Without changes, this increase is expected to result in increased delays, congestion, pollution, and crashes. The plan is also intended to be a tool to help the county, the city, and CDOT make access decisions during development and redevelopment, and will streamline the access permitting process.

It was again stressed that the plan itself does not identify specific projects. Changes would only come if a problem with traffic flow or safety came to light, properties were developed or redeveloped along the corridor, or state or federal funding for a roadway project comes forward (none has been identified at present).

The plan was developed with public input, and Gonzalez said it addresses concerns raised by stakeholders. These include speeding, noise and number of large trucks, traffic volume overall, lack of turn lanes, safety around the newly constructed Stagecoach Road intersection, sight distance through curves, and a need for more traffic signals.

Speaking specifically to the new Stagecoach Road intersection, Jason Nelson of CDOT said he attended a meeting with some 200 residents facilitated by the HOA on the west side of the highway. The developer of Flying Horse North had made improvements on the east side, but it was clear that further improvements to the junction are needed. He said a task force with a consultant on board has been established and CDOT is looking for a location for a public open house. He said, “We have no funding to construct anything but at least we are back engaging and seeing what we can do.”

Following the commission’s approval, the intergovernmental agreement among the three partners will now go to the El Paso Board of County Commissioners (BOCC) for signing.

Proposed Black Forest subdivision

Also at the March 7 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 proposed subdivision would be known as Forest Heights Estates.

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 would be located on the property’s south side near neighboring larger properties. The two smaller lots would be located adjacent to smaller lots to the property’s north and west.

Access to the lots is proposed to be via the existing private gravel road, Forest Heights Circle, which extends east from Herring Road and serves six existing family homes. The applicant’s letter of intent states that improvements would be made to this to enhance its accessibility.

The request was scheduled to be heard as a consent item but was elevated to a full hearing due to public interest. 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 stated that they felt the concerns were either not directly relevant to the review criteria or were not legally enforceable.

Speaking during the public comment section, Larry Fariss, a neighbor and previous long-term chair of the Black Forest Trails Association, described the property as a linchpin for the area’s trail system.

Chair Thomas Bailey commented, “There’s nothing that compels a property owner to grant an easement.” Dave Gorman, with M.V.E. Inc. and representing the applicant, said the family was not comfortable with having a public trail on their mother’s property.

The vote to recommend for approval was unanimous and the application was then heard at the BOCC land use meeting on March 28. See BOCC article on page 4.

Gleneagle minor subdivision

The commissioners voted unanimously on March 7 to recommend for approval 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 would each slightly exceed 2.5 acres.

The application was heard as a consent item, meaning there was no discussion. It was then considered at the BOCC land use meeting on March 28. See BOCC article on page 4.

Vessey Road rezone

At their March 21 meeting, the commissioners voted to recommend for approval 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, a 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 under review and has not yet been scheduled for a public hearing.

The application was heard as a consent item. Commissioner Christopher Whitney asked why the county’s report to the commission stated that the property was surrounded by “smaller lots, some 2.5 acres in size” when one of the included maps showed RR-5 zoning around it. Ashlyn Mathy, planner II, Planning and Community Development Department, explained that some lots were created before zoning was put in place and therefore do not meet the lot size set by the zoning. She added that there is RR-2.5 zoning east and west of the property. Bailey said, “I think this is an issue we see often, especially in this area. A lot of legal non-conforming lots. Perfectly legitimate but the zoning is different.” Whitney said, “I can’t say I’m happy, but I understand the answer.”

The vote to recommend the application for approval was 8-1. Whitney was the nay vote. He said, “The zoning should mean something, otherwise why put a number on it? Just call it large-lot residential and whatever it is, it is.” Offering an alternative view, Bailey asked, “I wonder though if the decision to zone this area RR-5 back when it was done, despite the fact that there were several 2.5-acre lots in that area, whether that was the right decision or not?”

It is now scheduled to be heard at the BOCC land use meeting on April 11.

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The El Paso County Planning Commission normally meets the first and (as required) the third Thursday of each month at the Regional Development Center, 2880 International Circle, Colo. Springs. Meetings are live-streamed on the El Paso County News and Information Channel at https://www.elpasoco.com/news-information-channel. Information is available at 719-520-6300 and https://planningdevelopment.elpasoco.com/planning-community-development/2024-hearings-schedule/.

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

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El Paso County Planning Commission, Feb. 1 – Positive feedback from county commissioners

By Helen Walklett

At the Feb. 1 El Paso County Planning Commission meeting, Chair Tom Bailey reported that he and Commissioner Jay Carlson had met with County Commissioners Stan VanderWerf and Cammie Bremer to work toward a meeting between the full Board of County Commissioners (BOCC) and the Planning Commission.

Bailey said, “They’re very happy with what we’re giving them, so thank you all for that. Your participation in these discussions, in these deliberations, the questions that you ask, the points that we get onto the record gives the [county] commissioners a very solid foundation to make their final decision.”

Carlson said the commissioners had commented, “We want you guys to function independently. We’re not looking for you to think ‘What would the Board of County Commissioners do or think.’ He added, “The other thing that both commissioners mentioned in our conversations with them is that they do read all our minutes and that they really pay attention to the dissenting votes, if there are any, and see if there’s something they might have missed in their look at things. So, it’s important to get our thoughts on the record.”

It is hoped that the meeting between the BOCC and the Planning Commission will take place in the next several weeks. Members of the public can comment on any application on the agenda at a Planning Commission hearing and can also raise a matter not on the agenda at the start of a meeting.

Helen Walklett can be reached at helenwalklett@ocn.me

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El Paso County Planning Commission, Jan. 4 and 18 – Black Forest subdivision recommended for approval

By Helen Walklett

The El Paso County Planning Commission (EPCPC) met twice during January and considered a minor subdivision application for a Black Forest property.

Hill minor subdivision

At the first EPCPC meeting of the year, the commissioners voted unanimously to recommend for approval a subdivision request for a Black Forest property.

The application by Douglas and Katherine Hill would see the 14.69-acre property, east of Black Forest Road and south of Hodgen Road, subdivided into three residential lots. All three lots would have access to Black Forest Road via the existing driveway which would be re-dedicated as a private road named Alpaca Heights. Because Black Forest Road is classified as a section line road, properties with frontage onto it are permitted to have a minimum lot size of 4.75 acres. The property currently has a residential home, garage, and horse stable on it, and these would remain on the proposed lot 1.

The request was heard as a consent item, meaning there was no discussion, and was then heard at the El Paso Board of County Commissioners land use meeting on Jan. 25. See BOCC article on page < 1 >.

Highway 83 access plan

The commissioners were scheduled to adopt the Highway 83 Access Control Plan at the Jan. 18 meeting. However, this was moved to the March 7 meeting at the request of staff. Details of the plan were presented to staff at the Dec. 7 meeting. See www.ocn.me/v24n1.htm?zoom_highlight=acp)

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

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El Paso County Planning Commission, Dec. 7 – Access plan for Hwy 83 addresses safety

By Helen Walklett

At the Dec. 7 El Paso County Planning Commission meeting, the commissioners received a presentation of the proposed Access Control Plan (ACP) for the stretch of Highway 83 from its junction with Powers Boulevard to County Line Road, a length of almost 10 miles.

The county’s Department of Public Works, the Colorado Department of Transportation (CDOT) and the City of Colorado Springs have worked together to develop the plan. CDOT led the work because it owns and maintains the corridor.

Future traffic volumes along this portion of highway are expected to increase in the range of 17% to 86% by 2045. Without changes, this increase is expected to result in increased delays, congestion, pollution, and crashes. The ACP is a long-range plan aimed at improving safety and mobility.

Arthur Gonzalez, CDOT, explained that the plan optimizes the location, number, and types of access to the highway to improve safety by reducing the number of locations where all types of road users might come into conflict. It provides adequate access for adjacent properties while better using the local road system. It is also a tool to help the county, the city, and CDOT make access decisions during development and redevelopment, and streamlines the access permitting process.

Gonzalez said there are currently 72 individual access points along this section of highway. Thirty percent are public streets and 70% are private driveways and most allow for full movement, meaning there are no turn restrictions, allowing potentially dangerous situations to arise. Some access points could be closed or consolidated under the plan, but no changes are currently planned.

The plan was developed with public input, and Gonzalez said it addresses concerns raised by stakeholders. These include speeding, noise, and number of large trucks, lack of turn lanes, safety around the Stagecoach Road intersection, and a need for more traffic signals. Although the plan does not address speed limits, Jason Nelson, CDOT, said that to address excessive speeding instead of just committing to signalizing intersections, CDOT was committing to roundabouts.

Nelson said, “There’s a lot of benefits to installing roundabouts on 83. It’s a residential corridor. Commercial is starting to get sprinkled in there but we’re hoping to get ahead of that and maintain that residential feel so a bunch of roundabouts I think will divert truck drivers, I really do.” Nelson said a roundabout at the intersection Highway 83 and County Line Road had been designed but there was currently no funding earmarked for such a project.

The plan itself does not identify specific projects. Changes would come only if a problem with traffic flow or safety came to light, properties were developed or redeveloped along the corridor, or state or federal funding for a roadway project comes forward (none has been identified at present).

This session was for informational purposes only. A request to adopt the ACP and incorporate it into the county’s master plan will come at a second session during the Jan. 18 Planning Commission meeting.

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

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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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El Paso County Planning Commission, Sept.7 and 21. Preliminary plan for 21-home subdivision recommended for approval

By Helen Walklett

At the Sept. 21 El Paso County Planning Commission meeting, the commissioners voted unanimously to recommend for approval an application for a preliminary plan for 20 single-family lots to be known as the Hay Creek Valley subdivision. The one residence currently on the property will remain, making a total of 21 lots.

The 214.62-acre property is zoned RR-5 (residential rural) and located west of Interstate 25, directly north of the United States Air Force Academy (USAFA), south of the Forest Lakes subdivision, and southwest of the Town of Monument. Lots are planned to range in size from 5.5 to 17 acres. The USAFA has reviewed the plan and stated that an avigation easement (giving the right of overflights in the airspace above or in the vicinity of the property) needs to be recorded with the final plat.

The property is currently gated and will continue to be once it is developed. Access is off Hay Creek Road. Jason Alwine, Matrix Design Group Inc. and representing the owner, said the county is requiring the developer to straighten the junction of the property’s private road and Hay Creek Road to provide better line of sight.

The application was pulled from the consent calendar for a full hearing at the request of neighbors. One told the commissioners she had come to obtain more information, having only learned about the plans when the sign was posted the week before, and therefore did not know whether she was in opposition. She raised concerns about the impact on wildlife, traffic, wildfire evacuation, water availability, and county’s communication with neighbors in the area about the application. She suggested a postponement of any decision to allow for those in the area to receive more information.

Alwine said they had worked extensively with Colorado Parks and Wildlife and the U.S. Fish and Wildlife Service on wildlife issues and any fencing would follow state guidelines. The county and the Fire Department had looked at the access and concluded there was no option for two-way in and out. There will be a fire suppression system meeting the Fire Department’s requirements in the form of an underground 33,000-gallon tank. Water will be addressed at the final plat stage.

Staff clarified that in 2022 when the application was submitted, only adjacent neighbors were notified. That changed this year to all property owners within 500 feet and this had been done in this application’s case.

The application is now scheduled to be heard at the El Paso Board of County Commissioners (BOCC) meeting on Oct. 12.

The Planning Commission also met on Sept. 7. The applications considered at that meeting went to the BOCC for consideration during September and are covered in the BOCC article on page < 1 >.

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

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El Paso County Planning Commission, Aug. 3 – Flying Horse North draft service plan recommended for approval

By Helen Walklett

At the Aug. 3 El Paso County Planning Commission meeting, the commissioners reviewed the draft service plan for the proposed Flying Horse North (FHN) Metropolitan Districts Nos. 1-5 and voted 5-3 to recommend it for approval.

A revised sketch plan was approved in November 2022 for the 910-acre area that would be covered by the plan. See https://www.ocn.me/v22n12.htm#epbocc.

The service plan includes a maximum debt authorization of $450 million, a debt service mill levy of 50 mills for commercial and residential property, and an operations and maintenance mill levy of 15 mills for a total maximum combined mill levy of 65 mills. Kari Parsons, senior planner, Planning and Community Development Department, said the statutory purposes of the district would be very standard and would include street improvements, the design, construction, and maintenance of drainage, sanitation, and recreation facilities, and covenant enforcement.

Parsons said a letter of opposition had been received. It came from FHN resident Phil Shecter who spoke against the FHN revised sketch plan at the El Paso Board of County Commissioners (BOCC) land use meeting in November 2022 and raised concerns about possible impropriety during that hearing with the BOCC in February 2023. Parsons said the letter raised concerns about land use, density, the home valuations included in the financial plan prepared by DA Davidson & Co., and the sketch plan approval process. She clarified that this application would not consider the sketch plan, the land uses within it, the density nor the process by which it was approved by BOCC.

The financial plan is based on 900 single-family units with estimated values ranging from $1.5 million to $6.0 million per unit, a golf clubhouse, fitness center, and convention center with estimated values of $400 to $500 per square foot and annual sales of $250 per square foot, and a 225-room hotel with estimated values of $200,000 per room and an average daily room rate of $500.

Attorney Russ Dykstra, partner, Spencer Fane, representing the applicants, said the residential development of about 844 acres would be located in districts 2-4 with the commercial development being located in 1 and 5. He said full buildout was anticipated at the end of 2030. The purpose of the districts would be to provide for construction, installation, financing, ownership, and maintenance of public improvements. They would accommodate the need for phasing of development and allow for a coordinated approach to infrastructure financing. He said there were significant costs for development in the area and public improvement costs are estimated at $39.35 million

Ahead of public comment Tom Bailey, chair, asked those who wanted to speak to limit their comments to the criteria. He said, “as Ms. Seago [Lori Seago, senior assistant county attorney] pointed out earlier, other questions about the approval of the sketch plan, the possible changes, anything else, the process that was used to get us where we are today, those are interesting but irrelevant. We can’t necessarily consider those things as we’re looking at these criteria for approval of this particular special district.”

Four members of the public spoke in opposition. No one spoke in support. One citizen said, “This type of debt and inflated housing is unsustainable.”

Terry Stokka, representing the Friends of Black Forest and the Black Forest Land Use Committee (BFLUC), commented, “While we understand a metro district is a logical thing to do for this, we’re not objecting to the metro district itself. We’re opposed to some elements of that plan because we believe that the costs are above reasonable. He continued, “We recommend that the service plan be returned to the applicant for some updates and some more realism.”

Amy Phillips, former chair, BFLUC, questioned whether the requirement that there be a demonstrated need for the services was being met. She said, “The existing residents do not need a hotel and do not want a hotel.”

Dykstra spoke again to clarify that the tax burden would only fall on new residents, saying, “This will not be on any existing residents out in Flying Horse North. This is just new residents.” He also clarified that the district would not be paying for the golf course or clubhouse which would be paid for with private funds. These facilities would be paying toward the debt service, however, and Dykstra pointed out this would lower the tax burden for residents. It is not yet known whether the convention center will be a public or private facility. Existing FHN residents will have access to all the public facilities.

Commissioner Becky Fuller said she didn’t think the assumptions made sense. She asked what the absorption rate is for new or resale $1.5 million homes in the county and was told about 75 per year.

Bailey said, “For me the assumptions made in the financial plan are reasonable. They’re not exact.”

Fuller said, “So when I’m looking at this, I do believe the first three criteria have been met. When we’re getting to item four where the financial ability to discharge the proposed indebtedness on a reasonable basis, we’re looking at 900 homes being absorbed in six years, which is about 150 a year over a million and a half in a market where we’ve seen 75 per year. I think that the underlying assumptions, they’re just not reasonable to me. For me, I think that it probably should be a different amount that they’re asking for.”

The vote to recommend for approval was 5-3. Commissioners Tim Trowbridge, Fuller, and Eric Moraes were the nay votes. Trowbridge said he agreed with Fuller and did not believe criteria 3 and 4 were met. Moraes commented, “I think a lot of the assumptions are a bridge too far to put faith in it at this point.”

Commissioner Christopher Whitney commented, “This is the second or third time since I’ve been here that I’ve felt like I need to vote aye because of what the statute and regulations require and, notwithstanding the fact that, on a moral basis, I’m not happy with it.” Describing the criteria as having been met “highly shakily with bullet form,” he added, “As the chair noted and as the testimony provided or the comments provided, we’re talking about a structure or a framework. We’re not talking about a plan that is written in blood and [which] everybody has to follow going forward so, for purposes of a structure or a framework, I’m okay with it but I expect it to change umpteen-nine times between now and when we finally finish.”

At the BOCC meeting on Aug. 29, the commissioners were expected to schedule the application to be heard at their Sept. 28 meeting.

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

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El Paso County Planning Commission, July 6 – Request to split Woodmoor property into four lots recommended for approval

El Paso County Planning Commission, July 6 – Request to split Woodmoor property into four lots recommended for approval

By Marlene Brown and Helen Walklett

At the July 6 meeting, the El Paso County Planning Commission heard a replat application to return a single lot property in Woodmoor to four lots. They also heard final plat applications for The Winsome and Terra Ridge North developments and a minor subdivision application for a Black Forest property. All four applications were scheduled to be heard at the El Paso Board of County Commissioners’ (BOCC) land use meeting on Aug. 1.

At the July 6 meeting, the commissioners voted unanimously to recommend for approval a subdivision request which would see a Woodmoor property divided into four lots. The 3.81-acre property at 1384 Buckwood Lane near its intersection with Fawnwood Road is zoned RR-0.5 (residential rural) and was originally platted as four lots in 1963. The current single lot was created in 2010.

The replat would create four lots that conform to the RR-0.5 zoning. The residence on the east and central portion of the property would remain.

Property owner Tim Murphy of Murphy’s Custom Homes Inc. showed the hearing that he has written approval from the Woodmoor Improvement Association’s (WIA) Architectural Control Committee and commitment letters from the utility companies.

The application was pulled from the consent calendar for a full hearing due to neighbor objection. Chair Thomas Bailey stressed to the audience that the replat criteria outlined by staff are the only points that the commission can consider when making its recommendation and asked that public comment be specifically addressed to those criteria.

Four neighbors, representing a larger group, spoke in opposition and raised concerns about increased wildfire risk, the impact on wildlife, geological hazards, traffic and congestion, and soil and drainage issues.

Neighbor Erin Duran said they had presented on several occasions to the WIA and commented, “They (the WIA) were very forthright in saying they were going to approve it because the Board of County Commissioners makes the ultimate decision and that they did not feel that their decision would weigh in at all.”

Sarah Cole stated that the justifications put forward in 2010 for the combining of the lots are still very relevant issues in Woodmoor today. Arguments put forward at that time included that the development caused erosion in steep sloped areas, disturbed natural drainage patterns, and caused congestion on roads that were not suitable for increased traffic. It was also noted that some lots were only marginally buildable due to the slope and floodplains.

Hilary and Bill Brendemuhl also spoke, voicing concerns about the WIA’s procedures and decision-making process. Hilary Brendemuhl said, “Our board has a history, unfortunately, and it’s documented, of making arbitrary and capricious decisions.’

Bailey commented, “A lot of the concerns are something that we don’t have any authority over. A lot of your problems seem to be with your association.”

Commissioner Christopher Whitney said, “Obviously you have a beef with your HOA (Homeowners Association), and whether the HOA behaved correctly is between you and them.”

Vessey Road minor subdivision

The commissioners heard a minor subdivision request to create three single-family lots on a 14-acre Black Forest property west of the intersection of Vessey Road and Black Forest Road and south of the intersection of Vessey Road and Pine Crest Drive. The application was unanimously recommended for approval as a consent item, meaning there was no discussion.

The property was rezoned from RR-5 to RR-2.5 by the BOCC in June. See www.ocn.me/v23n7.htm#epbocc

Terra Ridge North final plat

The commissioners voted unanimously to recommend for approval a final plat application by Phillip Miles for 11 single-family residential lots. The Terra Ridge North application includes a replat of two existing single-family residential lots to provide access to the new lots. The 51.65-acre property is south of the intersection of Black Forest Road and Hodgen Road.

The land was rezoned from RR-5 to RR-2.5 in 2022. Neighbors spoke to voice objections at both the Planning Commission and BOCC hearings at that time. See www.ocn.me/v22n9.htm#epcpc and www.ocn.me/v22n10.htm#epbocc.

The final plat application was heard as a consent item, meaning there was no discussion. It could have been pulled for a full hearing if any member of the public had wished to address the commission about it.

Winsome final plat

The commissioners heard a final plat application for Winsome Filing No. 3 to create 38 single-family residential lots and five tracts on the 349.47-acre property zoned RR-5 at the northwest corner of Hodgen Road and Meridian Road.

The BOCC approved the Winsome preliminary plan in July 2019. The development encompasses 766.66 acres and consists of 143 residential lots, one commercial lot, open space, drainage tracts, and public rights-of-way. The plan was amended in 2021 to increase the lots to 146. These three additional lots are located within Filing No. 3.

Ahead of the vote, Commissioner Christopher Whitney voiced his concern about findings of water sufficiency in general when no one really knows how long water may be available in the Denver Basin, saying “I guess I just want to express for the record that it troubles me that we’re basically saying to people, “Yep, there’s adequate water today but be careful because we can’t tell you what will happen tomorrow” and I don’t know what the solution to that is but it’s worrisome.”

The vote to recommend the application for approval was unanimous.

**********

The El Paso County Planning Commission’s next meeting is scheduled for Aug. 17. Normally EPCPC meets on the first and third Thursdays at the Regional Development Center, 2880 International Circle, Colorado Springs. Meetings are live-streamed on the El Paso County News & Information Channel at https://www.elpasoco.com/news-information channel. For more information, see https://planningdevelopment.elpasoco.com.

Marlene Brown can be reached at marlenebrown@ocn.me.

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

Other El Paso County Planning Commission articles

El Paso County Planning Commission, May 4 and 18 – Townhome development off Woodmoor Drive recommended for approval

By Helen Walklett

At the May 18 El Paso County Planning Commission meeting, the commissioners heard a rezone and preliminary plan request for a 7.53-acre property on the east side of Woodmoor Drive where 52 townhomes would be built. The commissioners also heard a rezone and a minor subdivision request for Black Forest properties during May.

Townhome development proposed off Woodmoor Drive

At the May 18 meeting, the commissioners voted 6-1 to recommend for approval a combined rezone and preliminary plan request by Lake Woodmoor Holdings LLC for a 7.53-acre property on the east side of Woodmoor Drive and south of Deer Creek Road. Known as Waterside at Lake Woodmoor, it borders the lake to its east and proposes 52 single-family townhomes.

The rezone would see the property zoned PUD (planned unit development) instead of its current and now obsolete R-4 (planned development) zoning. The applicant also requests a finding of water sufficiency for water quality, quantity, and dependability and has secured a commitment letter from Woodmoor Water and Sanitation District, and both the county attorney and the state water engineer have made findings of sufficiency. Ryan Howser, planner III, Planning and Community Development Department, explained that if the water were approved at this stage, final plats could be approved administratively, meaning no further public hearings for this application.

Brooks Swenson, project manager, NES Inc. and representing the applicant, said the proposed development has a density of about 6.9 dwelling units per acre (DUA). This is less than the approximate density of 11 DUAs for the 83 Waterside Condominiums that were approved on the site in 1983 but never developed.

The applicant states in their letter of intent that the development will facilitate a density transition between the higher density residential and commercial to the south and the lower density residential to the north and east. In total, 35% of the development would be open space.

The applicant is asking for four modifications with the PUD, and Commissioner Eric Moraes raised an issue with the one requesting a cul-de-sac be replaced by a hammerhead turnaround. He said he could not see how it could be justified by the land development code criteria.

Howser said the county had notified 35 adjoining property owners. No one spoke in support at the hearing; two local residents spoke in opposition, raising concerns about water, traffic (particularly in relation to the nearby schools and pedestrian safety), and that the hammerhead was not in keeping with the surrounding area where cul-de-sacs prevail.

Swenson responded that the traffic study had taken the school traffic into account and stated, “what’s being proposed is less dense than what’s been approved [in the past] and so there would be a reduction in traffic.” He stated that the applicant has been working with the Woodmoor Improvement Association to advance the Safe Routes to School plan and commented that the lower density would help with water use and that there was also a housing crisis which the development would help address.

Commissioner Becky Fuller said, “I think generally speaking this fits. It makes a lot of sense.”

Moraes said, “I generally think it’s a good project, but I don’t think they’ve made the justification in accordance with the land development code on the hammerhead.” He added that he had other reservations such as the request to have private roads which people might use to bypass Woodmoor Drive. He thought this would eventually lead to the private roads being closed to non-residents.

The vote to recommend for approval was 6-1. Moraes was the nay vote. Commissioner Christopher Whitney said his vote was “a reluctant aye for the same reasons as Mr. Moraes.”

The application is now due to be heard at the El Paso Board of County Commissioners (BOCC) land use meeting on June 20.

Vessey Road rezone to RR-2.5

Also at the May 18 meeting, the commissioners heard a request to rezone a 14-acre Black Forest property from RR-5 (rural residential) to RR-2.5 (rural residential). It is west of the intersection of Vessey Road and Black Forest Road and south of the intersection of Vessey Road and Pine Castle Drive.

The applicant has also submitted a minor subdivision application and wishes to divide the property into a three-lot subdivision with each lot being 4 acres or greater. This application is currently under review.

The rezone application was originally scheduled as a consent item but was elevated to a full hearing, albeit a short one, after concerns were raised that the rezone would allow the applicant or a subsequent owner to ask for five lots in the future. Commissioner Becky Fuller asked, “Is there protection for the neighbors if we approve this?” Commissioner Jay Carlson questioned whether they [the commissioners] could add a condition that the applicant abide by the lot sizes set out in the subdivision application. Senior Assistant County Attorney Lori Seago confirmed this could be done.

Brett Louk, with SMH Consultants and representing the owner, confirmed that his client was happy that a 4-acre lot size condition be added to the rezone approval.

One neighbor spoke in opposition, voicing concern about water and a fear the rezone would enable the property to be further subdivided. Kylie Bagley, planner II, Planning and Community Development, said that water availability would be looked at as part of the subdivision application. The lot minimum size was addressed by the added condition.

The vote to recommend the application for approval was unanimous. It is now due to be heard at the BOCC land use meeting on June 20.

Kinch minor subdivision

At the May 4 meeting, the commissioners heard a request by Paul and Amy Kinch to subdivide their 29.12-acre property on Milam Road into three 5-acre lots and one 14-acre lot. The subdivision does not require a rezone as the land is already zoned RR-5.

The applicants plan to build a new home on the larger lot and sell the other three at a future date. They state in their letter of intent that the subdivision will allow them to better maximize the use of their land.

The application was heard as a consent item, meaning there was no further discussion and will now be heard at the BOCC land use meeting on June 6.

New chair and vice chair

At the May 18 meeting, the commissioners voted to elect Commissioner Thomas Bailey as chair and Commissioner Jay Carlson as vice chair. Bailey served as vice chair under former Commissioner Brian Risley’s chairmanship. Risley stepped down in April following his election to the Colorado Springs City Council.

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

Other El Paso County Planning Commission articles

El Paso County Planning Commission, April 20 – Plans for three commercial multi-tenant buildings recommended for approval

By Helen Walklett

At the April 20 El Paso County Planning Commission meeting, the commissioners heard a request for approval of a preliminary plan for a proposed development called Cathedral Rock Commons Commercial to create commercial lots on property directly south of the Big R store off Struthers Road in Monument.

Cathedral Rock Commons Commercial

The commissioners voted unanimously to recommend for approval a site plan request by Store Master Funding VIII LLC, the owners of the Big R Store, to create three commercial lots and a tract on the 10.25-acre property at the northeast corner of Struthers Road and Spanish Bit Drive. The land is zoned commercial community.

The existing Big R would be on the 6.2-acre lot 1. Lots 2 and 3 would each be less than 2 acres and would have three commercial multi-tenant retail buildings on them, connected via a shared driveway to the Big R store to the north. The tract would contain the existing detention area. The applicant anticipates that the proposed buildings would include businesses that cater to the rural aesthetic that supports the Big R store. The first proposed building to the east would potentially have three retail tenants as would the middle building, which would also have a drive-through. The third building on the west side of the drive is intended to house a possible wheat grass business and restaurant. The site plan includes a proposal for 117 parking spaces and some motorcycle parking.

The application was heard as a consent item, meaning there was no discussion. It is now due to be heard at the El Paso Board of County Commissioners land use meeting on May 16.

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

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El Paso County Planning Commission, March 2 and 16 – Commissioners say 5-acre lots under attack, vote against rezone

By Helen Walklett

At the March 16 El Paso County Planning Commission meeting, the commissioners heard an application to rezone a 5-acre property in Outlook Estates to 2.5 acres. At the same meeting, the commissioners heard a variance of use for a second dwelling at an RR-2.5 (rural residential) property in Black Forest. Earlier in the month, they approved a minor subdivision request relating to the new Monument Academy site.

Overlook Estates rezone

The commissioners voted 7-2 to recommend for disapproval a request by Steven and Jennifer Liebowitz to rezone their property in Overlook Estates from RR-5 (rural residential) to RR-2.5. The rezone would have allowed the owners to apply for a minor plat to subdivide the existing lot into two 2.5-acre lots. The Summit Drive property is located to the north of Old North Gate Road and west of Silverton Road and is just north of the Flying Horse development and the Colorado Springs city limits.

Lekishia Bellamy, planner I, Planning and Community Development Department, told the commissioners that the application was moved from the consent calendar to a full hearing due to the level of opposition. She said concerns focused on it setting a precedent, increased density and traffic, compatibility with the surrounding area, and water availability.

David Gorman of M.V.E. Inc. and representing the owners, said that a 2.5-acre zoning would provide a transition from the higher density to the south and the 5-acre lots to the north. He said that the immediate neighbors had not objected. He commented, “We’re of course much closer to some of the higher density development that already exists nearby. When you look at this, we see just an opportunity here and a reason to think that the corridor [just north of the city boundary] is a good place to use the existing infrastructure and to gain additional housing capacity, which is something that’s needed.” He noted that the property is separated from the areas to the north by a ridge and then a dip and added that the covenants of Overlook Estates allow for the replatting of lots.

At the time of the hearing, 55 letters of opposition had been received and one letter of support. Neighbor Greg Wolff, a realtor and the writer of the letter of support, spoke in favor of the application, describing Overlook Estates as a “perfect transition point.”

Fourteen people spoke in opposition, raising concerns that the rezone would set a precedent if approved, highlighting water availability issues, increased traffic, and incompatibility with the surrounding area. Jerry McLaughlin, a resident and president of the Sun Hills Homeowners’ Association, said, “If they start dividing these 5-acre lots and it takes off like a bunch of rabbits in heat, we’re going to have a lot of change. You could effectively double the number of homes.”

Hans White, a resident to the north of the property, told the commissioners that Wolff, who spoke in favor, had twice failed in attempts to have his property rezoned. He said there was no difference in this application. He added that there was no need for a transition as that was all addressed in the Flying Horse rezoning.

Martha Wood, a 46-year resident, said the only benefit was to the individual [applicant]. “Colorado is enormous. There are lots of places people can build. They do not need to nibble into our community.”

In rebuttal, applicant Jennifer Liebowitz argued that a precedent had already been set in that a neighbor had an approved variance that allowed them to construct a second home on their lot which was being used by a family member. She said, “Although we can already exercise this right and do it that way, we are looking to increase our future property values by rezoning.” Steven Leibowitz stressed that Overlook Estates was a separate community from Sun Hills with separate covenants, which in their case allowed for subdividing to no less than 1-acre lots. He said they had also been through the lengthy process to obtain a water decree for a second well.

Senior assistant county attorney Lori Seago made the commissioners aware that covenants are private property restrictions and are neither enforced by nor binding upon the county. She further stated that water would be specifically reviewed at the final plat stage if the rezoning were approved.

Commissioner Becky Fuller said, “I view this as spot zoning. I think it has a huge potential to make a domino effect to really change this neighborhood and I don’t think that’s right.” She added, “I do not believe this is compatible to what is around it.” Commissioner Jay Carlson agreed with Fuller. “The RR-5 zone is under attack in my mind in the county and we can’t keep nibbling away,” he said. “It’s incumbent on us and this body to protect this type of neighborhood by not allowing this type of rezone.”

Commissioner Tom Bailey said he was struggling with the application because private property rights are important. He said, “If you want to do something on your land that is legal, you should be able to do that.”

Commissioner Christopher Whitney, who was not voting to ensure an odd number of votes, said, “I do think 5-acre zoning is under attack.”

The vote was 7-2 to recommend the application be denied, with Commissioners Sara Brittain Jack and Bryce Schuettpelz casting the no votes. Jack said, “The private property issue really resonates with me. I am offended when people say, well, he’s just doing it to make money. I don’t know that in this country it’s illegal to make money.” Schuettpelz said, “I echo a little bit of what Mrs. Jack said as far as the private property owner rights to request to do this. I also look at this as the large lot rural residential is 5 acres and 2.5 acres and so, in that sense, it is compatible because it’s in the same property set as a rural large lot residential area, and so that’s why I voted no.”

The application is now due to be heard at the El Paso Board of County Commissioners’ (BOCC) April 18 land use meeting.

Black Forest second dwelling variance approved

Also at the March 16 meeting, the commissioners approved a variance of use to allow a second dwelling at a 2.89-acre property zoned RR 2.5 on the southwest corner of the intersection of Ford Drive and Milam Road in Black Forest.

The county approved a site plan for a new single-family dwelling in August 2022 and, at that time, the original 1960s dwelling was converted to an “accessory living quarters.” Such quarters can only be used for occasional temporary stays by family and friends.

Objections to the variance application were received from neighbors who felt the approval would set a precedent and create water concerns.

The application was heard as a consent item, but commissioners did have questions.

Commissioner Becky Fuller asked, given that the site plan approval was granted so recently, why the variance wasn’t also requested at that time? Nina Ruiz of Vertex Consulting Services and representing the client, said the property owner was not aware it was an option at the time of the initial application. They had subsequently realized they needed a second home for their growing family and that the second home variance was an option.

Fuller commented, “It just feels a little sneaky to me.” Ruiz replied, “I’m sure that’s not the intent of the property owner to be sneaky.”

The vote to recommend for approval was 8-1. Fuller was the no vote. She said she had voted that way because she wanted the BOCC to take a closer look at it and commented that she had some regrets in not having it pulled as a regular item.

The BOCC is due to hear the application at its April 18 land use meeting.

Monument Academy minor subdivision

At the March 2 meeting, the commissioners approved a request by Land Resource Associates for approval of a minor subdivision to create one lot and four tracts on the almost 63-acre property site of the new Monument Academy. It is located at the southeast corner of the intersection of Walker Road and Highway 83.

The 19.38-acre lot will contain the high school, recreational fields, and parking. Two of the tracts are set aside for future development, and two will be transferred to adjoining property owners as part of a property line survey adjustment.

The platting request follows the completion of a number of improvements on which the site development plan was contingent. These included adding sidewalks, curbs, and gutters to Jane Lundeen Drive and Pinehurst Circle, constructing a roundabout at the intersection of Walker Road and Jane Lundeen Drive, improvements to the Highway 83 and Walker Road intersection, and the right-in-only intersection of Highway 83 and Pinehurst Circle.

The application is due to be heard at the BOCC land use meeting on April 4.

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

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