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OCN > 2304 > Palmer Lake Board of Trustees, March 9 and 23 – Future of Elephant Rock property unclear

Palmer Lake Board of Trustees, March 9 and 23 – Future of Elephant Rock property unclear

By James Howald and

Jackie Burhans

In March, the Palmer Lake Board of Trustees (PLBOT) continued to discuss the future of the Elephant Rock property without settling on any clear direction. The board debated snow removal policy and voted on an ordinance to regulate it. It continued to clarify its policy on short term rentals (STRs). A public hearing was held on rezoning lots in the Lakeview Heights neighborhood. The president of the D49 school board apologized to Mayor Glant Havenar for mistakenly identifying her as the person disrupting a school board meeting. The board voted to accept an offer to buy a small piece of property on Landsdown Street from the town.

Another public hearing was held on a request to amend the 2023 budget to properly account for the rollover of funds for projects that were not started in 2022. The board adopted revised building codes and put in place new policies to review developers’ requests and recover the costs of addressing them. The board authorized the mayor to pursue a grant from the state Department of Local Affairs (DOLA). It was announced that John Vincent, the acting fire chief, had accepted the position on a permanent basis.

The March 9 and 23 meetings both ended with executive sessions.

Many ideas for Elephant Rock

At the March 9 meeting, Richard and Lindsey Willans presented an updated version of their plan to use a portion of their property as a spa. They said they had abandoned their original vision of a village with a frontier theme, but they still wanted to use a swimming pool. They proposed the formation of a steering committee to plan the development of the spa. The Willanses said they have reduced the amount of land they need for the spa to 3.6 acres, and they would like to have a lease-to-own agreement with the town for that land. They offered to board up the buildings. They also said they had been approached by a restaurant association in Colorado Springs.

Other residents made other suggestions for how to develop the property. Nikki McDonald suggested the existing buildings could be used as a wedding venue to generate revenue for the town. Gene Kalesti agreed with McDonald. Reid Wiecks wanted assurance the land would never be used for housing. Amanda Hinnen agreed with using the property to generate revenue and estimated rehabilitating the buildings would cost $1.5 million. Samantha Deeder proposed using the property as an event center. Phyllis Head spoke in favor of leaving the natural beauty of the site unspoiled.

At the March 23 meeting, the discussion focused on planning and security. There was consensus among the board members that a plan was needed and that all stakeholders should have a voice but little agreement about whether the plan should cover the entire property or just portions that were the highest priority for development.

Trustee Jessica Farr, the liaison with the Parks Commission, which has been an active participant in the Elephant Rock discussion, told the board that the commission suggested the buildings be used by the Palmer Lake Police and Fire Departments for training. She proposed marking the trails with flags as a next step, supported further discussions with the Willanses concerning a lease for the land needed for their spa, and argued for three acres of the property to be reserved for a public safety building. She said the Parks Commission was considering how to raise funds.

Wiecks argued a master plan covering all 28 acres would be difficult to complete. He suggested the Parks Commission develop its own plan for a trail, a soccer field, and a music amphitheater. A more focused plan could take advantage of the upcoming months when outside work can be done. Wiecks said the Parks Commission had sent the board a letter with suggestions, including how to address the problem of trail users feeding horses on an adjacent property. Mayor Glant Havenar asked Wiecks to clarify if the Parks Commission wanted to develop a plan for the perimeter of the property and leave the future of the buildings in the hands of the Board of Trustees. Wiecks agreed with Havenar’s summary.

Roger Davis, the director and curator of the Lucretia Vaile Museum, suggested the property be named Chautauqua Park to recognize the importance of Chautauqua to the history of the town.

Throughout the discussion, Town Administrator Dawn Collins pressed the board to provide clarity on schedules, the role of outside agencies, how to secure the existing buildings, and which buildings will stay and which buildings will go.

Palmer Lake Chief of Police Jason Vanderpool told the board that middle and high school students were entering the buildings through different paths, creating security issues. He told the board the property is patrolled, and when trespassers are caught they are issued a summons to appear in court. Minors are required to bring their parents, he said.

Additional details about the plans for the Elephant Rock property can be found on the town’s website here: https://www.townofpalmerlake.com/community/page/elephant-rock-property.

Snow removal ordinance amended

At the March 9 meeting, Public Works Supervisor Jason Dosch outlined the difficulties his team faces keeping the roads clear of snow. Dosch said residents block roads and streets with snow from their properties, creating safety hazards. He asked that residents take responsibility for the snow on their properties. When his team is clearing snow from roads and streets, they don’t stop to address issues with residents, Dosch said. Collins said the town does not have an ordinance addressing the issue. Farr and Havenar were concerned that the town would be overstepping its authority if an ordinance was too strict.

At the March 23 meeting, the board took up an ordinance to clarify the responsibilities of residents in regards to clearing their properties of snow. Collins presented Ordinance 8-2023, which regulates snow removal and makes residents responsible for clearing sidewalks without damaging them and prohibits residents from putting snow on sidewalks, streets, roads, or other’s property without consent. The ordinance includes a fine not to exceed $2,650, the maximum penalty set forth in Chapter 1.12 of the town’s municipal code.

Collins said town staff is directed always to begin with education when there is a violation. Vanderpool said police officers always start with a warning and his officers were trained to talk to residents to encourage compliance.

The board passed ordinance 8-2023, with Trustees Shana Ball, Kevin Dreher, Nick Erhardt, Samantha Padgett, and Dennis Stern joining Havenar in voting yes. Farr voted no.

STR license renewals and inspections discussed

Havenar pointed out at the March 9 meeting that currently all STR licenses renew in May, creating a disincentive for operators to apply for licenses if they will need to renew in just a few months. Havenar suggested prorating licenses for the first year only and requiring renewal on the anniversary of the license.

Resident Roger Mosely raised the issues of STR safety inspections and parking requirements.

At the March 23 meeting, Collins presented an amended draft of the STR ordinance that changed the renewal date to the anniversary of the licensing date. An application for an STR license with the safety feature affidavit was included in the packet for the meetings. Collins said the direction from the board was not to implement regular safety inspections.

The amended ordinance specifies that if an accessory dwelling unit is used as an STR, the applicant must go through a conditional use acceptance process.

The board decided to have Collins bring back the ordinance in its final form at a future meeting.

Lakeview Heights lots rezoned

At the March 9 meeting, Collins presented the history of the rezoning proposal, explaining that rezoning the lots from R-3 (5,000-square-foot lots) to R-10,000 (10,000-square-foot lots) was discussed and approved in 1992 but an ordinance making the change was never passed.

Following a brief public hearing, the board voted unanimously to approve Ordinance 7-2023, which codifies the rezoning.

School board president clears up mistaken identity

John Graham, the president of the D49 School District Board of Education, apologized to Havenar for identifying her as the woman who disrupted a meeting of the D49 school board. His mistake resulted in a letter being sent to Havenar prohibiting her from entering any D49 buildings or attending any D49 meetings. Graham said he made the mistake even though he and Havenar had worked together in the past. He said Havenar was welcome in D49 in any capacity; Havenar accepted Graham’s apology.

Above: The Palmer Lake Board of Trustees poses for a group photo. Bottom, from left: Shana Ball, Samantha Padgett, Jessica Farr, and Glant Havenar (mayor). Top, from left: Nick Erhardt, Kevin Deher, and Dennis Stern. Photo by Jackie Burhans.

Town property sold

The board voted unanimously in favor of Ordinance 9-2023, which authorizes the mayor to complete the sale of a vacant 25,500-square-foot parcel of land adjacent to Landsdown Street to the Albright/Tedeschi party for $104,400 plus closing fees.

2023 budget amended

At the March 23 meeting, Deputy Town Clerk Julia Stambaugh explained that some road and water projects had been funded in the 2022 budget, but those projects were not begun in 2022 due to supply chain and vendor delays. The funds for those projects needed to be accounted for in the 2023 budget.

Havenar opened a public hearing on amending the 2023 budget. There were no comments from the public and the hearing was closed.

Documents in the board packet for the meeting specified some unused funds were budgeted for repaving and drainage projects and others were budgeted for water line replacement projects.

Following the hearing, the board voted in favor of Resolution 25-2023, which amends the 2023 budget as presented. Ball, Dreher, Ehrhardt, Havenar and Stern voted yes; Farr and Padgett voted no.

Board hears revised building codes

Building official Roger Lovell presented the 2023 Pikes Peak Regional Building Department (PPRBD) building codes, starting with a brief history of the organization, which was founded in 1966 with an intergovernmental agreement between El Paso Board of County Commissioners and the City of Colorado Springs. An additional five jurisdictions later joined, including the Town of Palmer Lake. PPRBD’s goal is the consistent enforcement of building codes throughout its region. The current Pikes Peak Regional Building Codes (PPRBC) in use are the 2017 codes which were adopted by Palmer Lake in June 2018. These codes apply only to construction and licensing and regulation of contractors. Each jurisdiction is responsible for its own land-use policies. Enforcement of these codes is paid for by the fees collected from developers, Lovell said.

PPRBD adopts new codes every six years, incorporating the latest model codes published by the International Code Council, which change every three years. The 2021 PPRBC adopts and amends the 2021 International Building, Residential, Energy Conservation, Existing Building Codes and, for the first time, the 2021 International Pool and Spa Codes. Newer codes, Lovell said, take advantage of new construction techniques and enhanced energy conservation and reduce ISO ratings and insurance premiums.

Electrical, plumbing, and conveyance codes are adopted by the state of Colorado every three years and must be adopted and enforced locally within 12 months. Local jurisdictions can amend but not weaken state codes; the 2023 PPRBC does not amend state codes which have not changed.

House Bill 22-1362, on reducing building greenhouse gas emissions, is the most significant of the model code changes, increasing the cost of initial construction while increasing energy efficiency and reducing operating costs. The 2023 PPRBC amends the 2021 International Energy Conservation Code by allowing additional options and serving as a stepping stone to full compliance. However, this must be adopted before July 1, 2023 by PPRBD and its members or the full unamended code will be required.

PPRBD began its 18-month review of the 2021 international codes in January 2021, followed by a public comment period after which changes were made to the PPRBC, followed by a second draft and comment period. The 2023 PPRBC was passed in December 2022 with public outreach including email, social media, presentations, press releases, media interviews, website alerts, networking events, and more.

Lovell fielded questions from the board confirming that PPRBC does not require electric vehicle plugs or solar readiness. Lovell noted that Palmer Lake Trustee Dennis Stern was the local representative to PPRBD and regularly attends its meetings. He also pointed out that there was a new PPRBD office on the north end that gives easier access to Palmer Lake residents.

Later in the meeting, the board held its first reading of Ordinance 10-2023 to consider the PPRBC. Stern said that PPRBD is doing a good thing to try to get this done before July 1 as he personally believes the new energy requirements are somewhat onerous and would spend a dollar to save a penny. Attorney Matt Krob explained that if an ordinance included a model code, it would have to be read and passed at the first meeting then read, passed, and adopted at the second meeting. The board voted unanimously to pass the ordinance on its first reading.

Development review service and reimbursement approved

At its March 23 meeting, the board unanimously passed two resolutions to authorize an interim development review agreement and to use a cost reimbursement agreement for collecting fees.

Resolution 26-2023 allows the town to collect fees from applicants, Collins noted, to reimburse the cost for professional review of proposed development plans submitted to the town. The resolution included a draft cost reimbursement agreement for use with applicants. The board directed Collins to come back with a final version for its approval.

Resolution 27-2023 authorizes a professional service agreement with Community Matters Institute (CMI) for interim development review for the town. CMI was chosen because it knows Palmer Lake’s land use code and helped to rewrite the town’s master plan. The town has some development applications that require review right now and doesn’t have time to put out a request for proposals for a reviewer, so it would like to involve CMI on an interim basis. CMI’s rates are $130 per hour for development review services, and Collins estimates the town would need 10-15 hours per month in the short term.

DOLA grant

Collins said she had been discussing a grant opportunity with DOLA that would provide matching grant funds to rewrite the town’s land use code. She asked the board to authorize the mayor to write a letter requesting the grant. The board voted unanimously to authorize the mayor to sign the letter.

Vincent accepts fire chief position

Collins congratulated John Vincent, who accepted the role of Palmer Lake fire chief as of March 15. Vincent was serving as interim fire chief before accepting the role permanently.

Executive sessions

The March 9 meeting ended with an executive session to discuss the Elephant Rock property, to discuss the sale of town property, and to receive legal advice in regards to litigation or possible claims against the town.

The March 23 meeting ended with an executive session to hear legal advice about claims against the town and terms of a possible lease agreement for the Elephant Rock property.

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The next board meetings are scheduled for April 13 and 27. See the town’s website at www.townofpalmerlake.com to confirm times and dates of board meetings and workshops. Meetings are typically held on the second and fourth Thursdays of the month at the Town Hall. Information: 719-481-2953.

James Howald can be reached at jameshowald@ocn.me. Jackie Burhans can be reached at jackieburhans@ocn.me.

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