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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.

Other El Paso County Planning Commission articles

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.

Other El Paso County Planning Commission articles

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.

Other El Paso County Planning Commission articles