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OCN > 2502 > Palmer Lake Board of Trustees, Jan. 9 and 23 – Lakeview Heights development raises safety concerns

Palmer Lake Board of Trustees, Jan. 9 and 23 – Lakeview Heights development raises safety concerns

By James Howald and Jackie Burhans

At its first meeting in January, the Palmer Lake Board of Trustees held a public hearing on an application for a master plan re-subdivision of Lakeview Heights, a proposed development that would consist of 100 lots just east of the New Santa Fe Regional Trail and southeast of Star View Circle. The hearing was followed by a vote to continue the matter and allow Eric Sepp, the developer, to address issues raised during the hearing.

At the second meeting, Reid Wiecks, chair of the Parks and Trails Commission, presented the vision he and the commission have developed for the future of the Elephant Rock property. Glen Smith, the new police chief, and Judge John Ciccolella were sworn in.

In her administrative report, Town Administrator Dawn Collins reported on her efforts to fill open positions on the town staff.

Both meetings included executive sessions.

Fire safety the focus of subdivision hearing

Mayor Glant Havenar opened the hearing on the Lakeview Heights development with a plea for respectful dialogue.

Town Administrator Dawn Collins reviewed the complicated history of the subdivision request, which was originally submitted in 2023. The plan before the board was a re-subdivision of a previously approved, platted subdivision that was never completed by the developer, Collins said. She pointed out the building code had changed significantly since the original approval and the proposed lot size had changed from 5,000 square feet to 10,000 square feet. She said the developer does not own all the lots in the subdivision, and the plans previously submitted had two access points whereas the current plan had only one.

Trustee Amy Hutson owns an adjacent property and recused herself from voting on the proposed development. Town Attorney Scott Krob said Hutson could comment on the proposal as a private citizen.

Andrea Barlow, of N.E.S. Inc., a planning and landscaping architecture company, presented the project to the board on behalf of Sepp. She addressed issues that had been raised by the Planning Commission, including a requirement that existing homes within the development’s boundaries install sprinklers. She said Sepp would resubmit a traffic study. Barlow said a second access point to the development was not possible since Ben Lomand Mountain was to the north, the railroad tracks were to the south and a privately owned nature conservancy was to the east. She said the property was not covered with trees and was a moderate wildfire risk.

Barlow argued that, although the fire code requires two access points for emergency vehicles when there are more than 30 dwellings on a single access road, there were exceptions that applied in the case of Lakeview Heights. Because the planned roads are looped, the single access road constraint does not apply, she said. If necessary, residents could evacuate via Lake Avenue while emergency vehicles could get to the property by using the New Santa Fe Regional Trail. Barlow said El Paso County Parks and Recreation had verified that the trail could be used by emergency vehicles.

Barlow ended her presentation by arguing that the Master Plan for the Lakeview Heights development meets the Palmer Lake town code, the proposed lot configuration meets the R-10,000 zoning requirements, the proposal complies with state, county and town regulations, and it is consistent with the Palmer Lake Community Master Plan.

Following Barlow’s presentation, Trustee Shana Ball asked if any tests had been done to determine if the town’s fire engine could navigate the trail. Fire Chief John Vincent said there had been no test but the Fire Department’s vehicles had used the trail. Trustee Tim Caves asked if Barlow had discussed with the railroad whether emergency vehicles could cross their tracks. Barlow said she believed, based on previous discussions with the railroad, that it would not allow access via its tracks.

Havenar and Krob discussed the language in the fire code that requires, if more than 30 homes on a single access road are present, all homes must have sprinkler systems installed. Havenar pointed out that 50 homes within the boundaries of the development have already been built without sprinklers. Krob said the town could not require those homes to be retrofitted with sprinklers and therefore the requirement for all homes to have sprinklers could not be met.

Mark Morton, of GMS Inc., the town’s consulting engineers, argued that the roads platted for the development were looped, and so did not meet the legal definition of a dead-end street. The limitations imposed by a single point of access did not apply, he said.

Trustee Atis Jurka asked Barlow if the developer would dedicate 20% of the land for use as trails. Barlow said that obligation would be met with a financial donation in lieu of land.

After the discussion by the trustees, residents made comments. None was in favor of the proposed development.

  • Roger Moseley said Lake Avenue was in fact a dead end. He argued that sprinkler systems would be ineffective in the case of a wind-driven fire.
  • Martha Brodzik discussed the Planning Commission’s assessment of the project.
  • Mike Beeson questioned the validity of the memo Vincent had written concerning the project, which he felt downplayed the fire danger.
  • Jennifer Rausch also claimed Vincent had changed his positions about the fire danger and asked for an independent analysis and an evacuation plan. She argued a second access point was needed.
  • Pete Tomitsch said a fire involving 150 homes with a single point of access could not be fought; it would only be possible to evacuate residents. He argued the developer should pay for a second access point, whatever the cost.
  • Jeff Hatcher questioned the availability of an adequate water supply, especially if the Buc-ee’s travel center moves forward.
  • Kurt Stevens felt the development had not been properly analyzed and the developer should go back to the Planning Commission.
  • Kip Murray threatened to sue the developer because the evacuation plan was a threat to his family.
  • Angela Dawson felt the development would increase the traffic on Oakdale Drive and asked the developer to put in curbs and gutters.
  • Reid Wiecks said the development did not meet the requirements of the Community Wildfire Plan, which has been in place for 16 years. He argued the development should have at least four access points.
  • Amy Hutson said the subdivision would prevent her from accessing her property.
  • Bill Dandino said he had difficulty finding homeowner’s insurance for his property on Oakdale Drive and a development with one access point would spook insurance companies.
  • Phil Tedeschi, another Oakdale Drive resident, recalled fires that had been started by sparks from a train and by cars. He pointed out that the train would block emergency services.
  • Marilyn Stuhr said she owned two lots in the area and she wanted assurance that Sepp would not take over her property.
  • Patti Brooks asked the board to require a second access point. She questioned whether the Planning Commission had approved the development.
  • Trina Shook commented on the relationship between the development and the town’s Sanitation District.

Barlow responded to the comments from residents. She said Sepp was trying to find a second point of access in addition to the Santa Fe Trail and reiterated that Sepp had the permission of El Paso County Parks and Recreation to use the trail, which is built to a robust standard, in an emergency. Lakeview Heights will be a FireWise community, she said, with little vegetation, to minimize the risk of fire. The project must go through the subdivision plat process, a more detailed process where it will have to prove it has the necessary water and sewer taps. She asked the board to approve the current request so the project can go on to the next more detailed stage. She pointed out a previous version of the plan had 280 lots; that number was reduced to 100 in the current version. The roads are already platted. Curbs and gutters would be provided on Oakdale Drive, she said.

Havenar closed the hearing and the board took up Resolution 8-2025, which would approve the Lakeview Heights masterplan, with a number of conditions concerning ownership of lots, rights of way, consent of the owners of lots not included in the application, dedication of land for trails or payment in lieu of land, stormwater drainage and other issues. Following discussion by the trustees, Havenar made a motion requiring Sepp to return to a future meeting with a more detailed evacuation plan, a memo of understanding with El Paso County and answers to issues about the ownership of lots and about the requirement for all homes to have sprinkler systems. The motion passed, with Trustees Ball, Caves, Hutson Jurka and Dennis Stern voting yes, along with Havenar. Trustee Kevin Dreher voted no.

Above: At the Jan. 9 Palmer Lake Board of Trustees meeting, the board held a public hearing on the proposed re-subdivision and Lakeview Heights development east of the New Santa Fe Trail and southeast of Star Circle Drive. Map courtesy of the Town of Palmer Lake.

Elephant Rock property to be “passive park”

Wiecks presented an Open Space Master Plan for the Elephant Rock property. Wiecks said he and the other members of the Parks and Trails Commission had defined five use and maintenance zones and had applied them to the 26-acre property:

  • Zone 0 will be closed to the public and will serve as a wildlife refuge. Two thin strips west of Monument Creek are designated Zone 0.
  • Zone 1 will allow public use limited to designated trails and benches. A large portion of the property just west of Highway 105 falls into this usage zone, as well as the northwestern and southern corners of the property.
  • Zone 2 will allow moderate public use for off-trail access. The portion of the property immediately to the west of the lodge is designated Zone 2.
  • Zone 3 will be a passive recreation area, moderately to actively used by the public, with picnic areas, a pavilion, benches and trails. An area east of Monument Creek is categorized as Zone 3.
  • Zone 4, an area on the south side of the property, is reserved for a sports field

The portions of the property reserved for a future Public Safety building and the Eco Spa to be developed by the Willens were not included in the plan developed by the Parks and Trail Commission, Wiecks said.

Parking at the property will consist of four small “satellite” parking lots scattered around the middle of the property and one large lot dedicated to the Public Safety building, which is planned to be just west of the main entrance to the property from Highway 105.

Wiecks said he wanted the Elephant Rock property to be a “passive park and open space environment with no large-scale events and no new building construction.” He said the Parks and Trail Commission wanted to see the property designated as a park so that its maintenance could be funded by the Conservation Trust Fund money the town receives annually from the state lottery.

Collins asked the board to give Wiecks direction about how to proceed with his vison for the Elephant Rock property. Ball asked Wiecks to make sure signs were put in place asking visitors not to feed the livestock on adjacent properties. Havenar said she agreed that the land should be designated as a park to prevent future development.

Collins warned the board about taking a piecemeal approach to transitioning the land to park status. She reminded the board that the property was not yet open to the public.

Havenar suggested a workshop to continue the discussion.

Above: Reid Wiecks, chairman of the Palmer Lake Parks and Trails Commission, presented a proposal to the Board of Trustees at its Jan. 23 meeting to divide a large portion of the Elephant Rock property into use zones. He proposed that those zones be declared a passive park so that Conservation Trust Funds from the state lottery could be used for its management. Map courtesy of the Town of Palmer Lake.

Police chief and judge sworn in

At the Jan. 23 meeting, Collins administered the oath of office to newly hired Police Chief Glen Smith and Judge John Ciccolella. Ciccolella has served as Palmer Lake municipal judge for 30 years.

Collins said a feasibility study of the proposed Public Safety building at the Elephant Rock property had been funded by a grant from the Colorado Department of Local Affairs.

Havenar acknowledged Ms. Olivia Hayes for having been chosen Miss Palmer Lake. Hayes will compete in the Miss Colorado pageant later this year.

Above: Town Administrator Dawn Collins administers the oath of office to newly hired Police Chief Glen Smith. From left are Collins and Smith. Photo by James Howald.
Above: At the Jan. 23 Palmer Lake Board of Trustees meeting, municipal Judge John Cicolella presented on the state of the Municipal Court, which is the lowest court level. He explained his practices and procedures and discussed some of his cases and other municipalities he has served. He noted that it was a requirement that he be sworn in. Town Administrator Dawn Collins administered the oath of office. From left are Collins and Cicolella. Photo by Jackie Burhans.
Above: Mayor Glant Havenar congratulates Miss Palmer Lake Olivia Hayes, who will be competing for Miss Colorado. From left are Havenar and Hayes. Photo by James Howald.

Staff positions filled

Collins told the board Kathy Neal had been hired as an accounting clerk and Erica Romero as a deputy town clerk. A water operator position is open and is being advertised, she said.

Executive sessions

The Jan. 9 meeting included an executive session to determine negotiating positions regarding the lease for the EcoSpa at the Elephant Rock property and to receive legal advice regarding a complaint against the town filed with the Colorado Attorney General and concerns that have been raised about the board’s eligibility for annexation decisions.

The Jan. 23 meeting included an executive session to confer with the town attorney about the EcoSpa lease, the board’s eligibility for annexation decisions and a lawsuit against the town filed by Integrity Matters.

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The next regular board meeting is scheduled for Feb. 13. Meetings are held at the Town Hall. 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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