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OCN > 2304 > El Paso County Planning Commission, March 2 and 16 – Commissioners say 5-acre lots under attack, vote against rezone

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.

Other El Paso County Planning Commission articles