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County Planning Commission recommends denial of Wal-Mart. Final decision to come at county commissioners’ hearing July 15 June 24.

View photos of the Wal-Mart Hearing May 11

Web site exclusive: Download the planning commissioners' packet for the PUD rezoning (3.3 Mbytes, 19 minutes at 28.8)

Web site exclusive: Download the planning commissioners' packet for the Preliminary Plan (257 Kbytes, 2 minutes at 28.8)

On May 11, at the conclusion of a six-hour hearing during which 23 people spoke in opposition to the proposed Wal-Mart, the El Paso County Planning Commission voted 7-1 to recommend denial of rezoning the 30-acre parcel on the south side of Baptist Road, directly across from King Soopers.

That recommendation will be forwarded to the El Paso County Board of County Commissioners, who will hold a public hearing and make a final decision on the project Thursday, June 24July 15,  9 a.m., at the County Building, 3rd Floor Hearing Room, 27 E. Vermijo.

The specific request is for approval of rezoning the parcel from R-4 to planned unit development (PUD) and approval of a preliminary plan for the site.

The proposal is for a 24-hour supercenter with a 203,091-square-foot (4.7-acre) store that includes grocery, drive-through pharmacy, garden center, and six-bay tire lube express. There would be parking for more than 1,000 cars. The store would be at the eastern part of the parcel, with the parking lot to the west. It would occupy Lot 1 (about 24 acres).

Lot 2 (about 1.4 acres) on the northwest corner is proposed to be a Wal-Mart gas station.

Drainage from the approximately 25 acres of impervious area would be collected in Lot 3, a roughly 1.7-acre detention area on the southeast corner of the parcel.

Three points of access to the store are proposed. At the western edge of the proposed development, there is a full-motion intersection with a traffic signal at Jackson Creek Parkway and Baptist Road. The plan calls for two entrances off the extension of Jackson Creek Parkway south of Baptist Road. The third access to the store would be a right-in/right-out directly onto Baptist Road toward the mid-point of the parcel. That access would be about 275 feet west of the right-in/right-out access to the King Soopers shopping center.

Carl Schueler, manager of the county planning division, noted that the current R-4 zoning and associated master plan was approved in 1976. He said, "The plot plan showed medium-density multifamily uses that would not allow a commercial use of this type."

Schueler added that the appropriate county zoning for a regional commercial use like the proposed Wal-Mart is Planned Business Center (PBC), the county’s most intense commercial zone district. However, he said even though there is nothing non-standard or unique about the application typically part of a PUD rezoning, planning staff recommended the applicant request PUD zoning because they felt conditions on the project, including building design, could be more effectively enforced by the county.

Schueler said, "This store needs urban level services, especially police protection. The applicant needs to make the case against annexation [to Monument]."

Noting that the traffic impact analysis predicts 13,500 new vehicle trips, Schueler said, "There are immediate site compatibility issues. This would create a significant amount of additional traffic. Traffic intermediate term is problematic. From seven lanes at the [Jackson Creek Parkway and Baptist Road] intersection you get to the two-lane span of I-25." The Colorado Department of Transportation (CDOT) has acknowledged that public funding for improvement of the Baptist Road interchange may not be available for a decade or longer.

Regarding comprehensive plan compliance, Schueler cited the general urbanization of the area, including "much more residential and commercial development in the Jackson Creek area north of the site."

Schueler noted that about 300 letters, e-mails, and postcards in opposition to the project had been received from area residents.

He said the Town of Monument recommended denial of the request due to non-compliance with the county’s Tri-Lakes Comprehensive Plan, approved by the county planning commission in 1999. He also said the westernmost 60 feet of the 120-foot-wide right-of-way for the extension of Jackson Creek Parkway south of Baptist Road is within the town boundaries; the town contends, but the county disagrees, that the applicant must seek permission from the town to plat that roadway.

Schueler described the Northern El Paso County Coalition of Community Associations (NEPCO) as "the keepers of the Tri-Lakes comprehensive plan." He said that NEPCO has recommended denial. The letter from NEPCO in the planning commissioners’ packets said, "In consideration of traffic, neighborhood transitions, existing zoning, protection of property values, and water issues, the county should encourage the developer to relocate its proposed commercial operation into an appropriately zoned and planned site that is congruent with the county’s policy plan, the current Tri-Lakes comprehensive plan, the draft revised Monument comprehensive plan, long-standing expectations by residents, and present land zoning."

Generally, county planning recommends approval of requests brought to the planning commission; however, Schueler said that due to issues with the project, county planning made no recommendation in favor of or opposed to this request.

Paul Danley, of the county Department of Transportation, raised some concerns about the traffic impact analysis (TIA) and drainage reports submitted in support of the application:

Steve Wilson, president of CLC Associates, was the representative for the applicant. He introduced Denis Kelsch and Kevin Picanco of CLC Associates and Michael Semrick of Boice, Raidl, and Rhea Architects. He said Kelsch is the project engineer, Picanco is the traffic engineer, and Semrick is the architect for the project.

Wilson said Wal-Mart would like to open the store in spring 2005. He noted some of the design challenges, including the east-to-west slope of the 27.29-acre parcel. He said the site plan includes 30 percent open space and landscaping, and sidewalks along Jackson Creek Parkway and Baptist Road with potential connection to the Santa Fe Trail.

Wilson noted a Preble’s meadow jumping mouse habitat conservation arrangement has been worked out with the U.S. Fish and Wildlife Service (FWS). Included in that is acquisition of off-site habitat for preservation, inclusion of a 1.6-acre wildlife corridor along the south boundary of the parcel, lowering the light poles to 28 feet, and using full cut-off light fixtures to minimize light spillage onto the mouse habitat.

He said the light fixtures using 400-watt halogen bulbs would be the same as at the King Soopers shopping center. The light poles there are 20 feet tall. Schueler later added that the county’s Land Development Code limits light poles to 20 feet, although a waiver could be granted.

Semrick showed an artist’s rendering of the building and said it would feature a high-end design similar to King Soopers, with two colors of masonry brick and stucco.

Peter Susemihl, attorney for the Triview Metropolitan District, said, "Federal law allows financing and construction of public improvements using a Public Improvement Corporation (PIC), sometimes called a Public Facilities Authority. One reason for going to the county with this project was that the county allows us to establish a PIC and get the benefit of a sales tax. Triview authorized formation of the PIC and has an agreement with Wal-Mart."

Susemihl then said that of the initial 3 percent retail sales fee, Triview would get half and the other half would be used to pay off the PIC debt. The agreement approved by the Triview board at its May 28, 2003, meeting actually sets Triview’s portion at one-fourth, with three-fourths going to pay off the PIC debt. Susemihl said, "There would be no liability to the Triview district for payment of the [PIC] bonds."

In response to a question from planning commission chair Joe Salute regarding accountability of the PIC to voters, Susemihl said, "It is a private corporation. The three- or five-member board can reappoint itself." As a private corporation, public records and open meetings laws do not apply to the PIC.

Commissioner Verlin Dickman asked why the store was not being proposed within the Town of Monument. Susemihl replied, "It became apparent that they didn’t want a Wal-Mart. There was a lack of commitment from the town to use tax revenues for road improvements."

Wilson added, "This is the location we have pursued since 1997. We looked at all four corners of that intersection. This is on the ‘go home’ side. We are not opposed to being annexed by the town. Formation of the PIC is a solution to the cost of building infrastructure. The three-to-four million [dollars] in bonds are to be purchased by Wal-Mart. The interchange design has been approved. This project may raise the priority of that being built."

Dickman asked Danley about the proposal to use the detention pond to remove pollutants from the gas station and parking lot. Danley replied that the design must meet storm water quality regulations, which might require oil-water separators.

Salute asked if Wal-Mart planned to monitor the operation of the pond. Wilson said no. Danley noted that there is a county requirement for verification that the pond is operating correctly.

Assistant county attorney Cole Emmons said, "Since there are serious water quality issues, I advise the county to not take on that responsibility. The applicant will have to address those and Environmental Protection Agency issues." Emmons later drafted an additional condition requiring that the applicant comply with county, state, and federal regulations and permits applicable to storm water runoff, discharge, and quality monitoring.

Wilson said Wal-Mart would agree to do maintenance on the detention pond. He added that details of the gas station’s site-specific pollution control measures would be addressed at final platting. He said, "We will mitigate the pollution issues the best we possibly can."

Picanco described the road improvements to be implemented collectively by the Wal-Mart and Monument Marketplace projects. He said improvements specific to the Wal-Mart project include construction of Jackson Creek Parkway south of Baptist Road and the associated turn lanes, and construction of an additional eastbound lane on Baptist Road from Jackson Creek Parkway to Leather Chaps Drive. That eastbound lane would help accommodate traffic using the right-in/right-out Wal-Mart entrance on Baptist Road.

Picanco said a three-quarter intersection would be allowed at the church: Right-in/right-out turning movements would be allowed from eastbound Baptist Road, and left-in movements would be allowed from westbound Baptist Road. Drivers who want to go west upon exiting the church as well as the houses to the east of the church would have to turn right, go east to Leather Chaps Drive, and make a U-turn.

Commissioner Robert Roulier expressed concern about a design that relies on U-turns as a normal traffic pattern.

Danley added, "Access to the church has been a recognized problem for some time. Any development of the 30-acre parcel would trigger some restrictions on traffic flow." The original Wal-Mart site plan submitted to the county showing a 186,245-square-foot store had included a roadway on the south side of the property that would have provided access to the church and the other properties to the east.

When contacted later, Danley said that the access road was determined to be impractical due to the grades involved but agreed that a less intense development of the site would permit an access road through the parcel that could meet county standards.

Wilson noted that once Jackson Creek Parkway is completed north of Baptist Road, northbound Struthers would be closed except for a cul-de-sac providing access to the Foxworth-Galbraith store. Access to that cul-de-sac would be restricted to right-in/right-out access from westbound Baptist Road.

Regarding the merging of seven traffic lanes near the store down to two lanes at the interchange, Wilson said, "This [Baptist Road interchange] is going to be a mess until major infrastructure improvements are built." He suggested motorists would avoid it by using Jackson Creek Parkway.

Kingswood resident Phil Weinert said, "Baptist Road is one of the most dangerous roads you can imagine." He also expressed concern about the potential regrading of Baptist Road and its impact on Kingswood properties and the effect on area wells. He said, "The aquifers are interconnected. There is no way to take water out of the lower aquifers without impacting the upper aquifers. My well has run dry more than once." He concluded, "Approval of this project would send a message that the interests of the people here now be damned."

Fox Run resident Jim Kendrick presented a detailed list of 53 issues with the project that would be resolved by moving the store to the 200,000-square-foot pad site at the Monument Marketplace.

Steve Sery, a Chaparral Hills resident and member of the county planning commission who recused himself from voting on this project, cited numerous incompatibilities of the proposed rezoning with the master plans for the area. He described the store as "jammed into the site."

Roger Rostvold agreed, "The site is really too small for the store." He likened it to a size-10 foot in a size-8 shoe. He characterized as specious Wilson’s claim of 30 percent open space and landscaping.

Family of Christ Lutheran Church trustee Ron Doolittle said the proposed restricted access to the church would be a hardship since three congregations and numerous other activities are held at the church. He expressed concern about the placement of the security fence at the top of the east retaining wall many feet below the level of the church.

Adjacent property owner Deb Grandia presented an appraisal of her house. She said, "Approval of this zoning change and construction of this store will destroy our property value and make re-sale virtually impossible."

Citing the impact of delivery truck traffic, noise, and light pollution, adjacent property owner Janet Turner said, "This proposal is not in the best interest of the surrounding area. There are better locations available. They have attempted to cram an enormous building on a small site causing tremendous negative impact to the existing properties."

Chaparral Hills resident Les Montevaldo said he and his wife are trying to sell their house and have had to drop the price because of the Wal-Mart proposal.

Adjacent property owner Dale Turner took issue with Susemihl’s claim that the applicant went to the county so they could use a PIC. Turner said a PIC could be used within the town just as well. By analyzing population densities in the Tri-Lakes area, Turner said he concluded that the assumptions in the traffic study would require that everyone east of the store must visit the store at least 1.5 to 2 times each day. Turner said the purpose of those assumptions was to reduce the predicted impact on the Baptist Road interchange. Turner said, "The assumptions in this traffic study were designed to intentionally mislead the county and the commissioners." Turner also showed sight lines from the adjacent properties. He said the proposed landscaping would do little in the way of screening.

Janice Horne showed photos of existing traffic backups on Baptist Road and the interchange.

Steve Waldmann questioned the credibility of the proponents. He noted that the Chapel Hills Wal-Mart is 12 minutes away, not 20 minutes as stated by Wilson. Waldmann scoffed at the notion that a little vegetation in the detention pond would adequately treat the pollution washed from the gas station and parking lot.

Bud Warner questioned the ability of the sheriff’s office to respond to the one-to-three police calls per day typical of Wal-Mart stores. Susan Gates added that it took the sheriff’s department more than an hour to respond to reports of gunshots on her property.

Noting that the Monument Planning Commission and Monument Board of Trustees never heard the project, Rick Sonnenburg, Monument town manager, said Susemihl’s accusation that the town rejected the Wal-Mart is "not a fact." Referring to the extension of Jackson Creek Parkway south of Baptist Road, Sonnenburg said, "Any developer that wants to install a road within town limits needs to go through our planning process. I have heard no compelling legal advice to the contrary. This is a major concern of our board."

Sue Wielgopolan said, "A well-planned community is a desirable community. We support the county’s comprehensive plan, which means retaining the current zoning. In this case, involvement means opposition to a bad idea. This project’s shortcomings far outweigh its benefits. Don’t let Wal-Mart’s hunger for profits hurt our community."

Chaparral Hills resident Betty Coombs said, "The bottom line for Wal-Mart is that this site costs a lot less than one that is properly zoned and planned. Is it right for the government to give them an edge over their competition?"

Wilson said the expansion from a 184,000-square-foot store in the original proposal submitted to Monument to the present 203,000-square-foot plan was due to internal policy changes at Wal-Mart.

He said, "The traffic study has been reviewed by county staff and CDOT. Everybody agreed as to what was needed to get the roadway to an acceptable level of service. The interchange will be a bottleneck."

He stressed that this is a land-use issue, not a "Wal-Mart issue." He added, "The character of the area has changed and continues to change."

Citing the 30 percent open space and landscaping, he said, "There is more than enough land area for a facility of this size."

He concluded, "We have come a long way with staff and can address the issues."

Roulier made a motion to recommend denial, seconded by commissioner Will Brown. The motion passed 7-1, with commissioner Dennis Hisey casting the lone dissenting vote.

Commissioner Barbara Wait said her vote was based primarily on concern for the quality of life for the adjacent property owners.

Commissioner Robert Schrader said, "Too many questions haven’t been answered."

Dickman said, "It seems to me that there is a very attractive alternative solution. That would be in the long-term best interest of the community, rather than overbuilding on this site."

Hisey, who voted for the project, said, "Traffic is an overriding concern. This is our best shot to get the roads upgraded."

Salute said, "The basic test for a rezoning is that it furthers the master plan. This project does not. I don’t think this is the right site. This is a square peg in a round hole."

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For more information on this project and to provide comments, contact Carl Schueler, Manager, El Paso County Planning Division, 520-6300, CarlSchueler@elpasoco.com. Mail comments and questions to the El Paso County Planning Department, 27 E. Vermijo, Colorado Springs, Colorado 80903-2208.

The Coalition of Tri-Lakes Communities has scheduled a community meeting to discuss the project on Sunday, June 13, 2 p.m., at the Lewis-Palmer High School auditorium.

Additional information on the project is available at www.ourcommunitynews.org/top_stories.htm#wal-mart and www.CoalitionTLC.org/wal-mart.htm or by calling John Heiser at 488-9031.

View photos of the Wal-Mart Hearing May 11

Web site exclusive: Download the planning commissioners' packet for the PUD rezoning (3.3 Mbytes, 19 minutes at 28.8)

Web site exclusive: Download the planning commissioners' packet for the Preliminary Plan (257 Kbytes, 2 minutes at 28.8)

An application for a Use Subject to Special Review for the Tri-Lakes Montessori Academy was expected to involve a lot of discussion. The school, currently with approximately 150 students, is located at the corner of Highway 105 and Furrow Road, adjacent to Woodmoor, Timberview, and the Timbers. The proposal is to build two new buildings, increasing the potential enrollment to 525 students. Hope Montessori, a firm that currently has two schools in Colorado Springs, would acquire the school.

The school and the principal of Hope Montessori had already met with neighbors to resolve various issues. The result was that the president of the Timberview Homeowners Association supported the application, and there was no opposition. Because both sides worked out issues prior to coming before the planning commission, the application was in short order unanimously recommended for approval.

The only item of contention at the meeting was vacation of an easement for a so-called taxi way at the Meadow Lake Airport. While this type of item would normally have been quickly approved, the hearing took 2½ hours and resulted in a recommendation for denial.

The following are scheduled to take office at the first regularly scheduled meeting for their respective districts in May.

Donala Water and Wastewater District: Dale Schendzielos (71 votes) and incumbent Ed Houle (59) won four-year terms. Charles Schmidt got 38 votes, Teena Barager 28, Tom Wall 20, and Mark Moore 14. Charlie Coble, Dennis Daugherty, and Don Pearson have two years remaining on their terms and were not up for election. Bill Nance is stepping down.

Donald Wescott Fire Protection District: Joseph Potter (90 votes) and Brian Ritz (97) won four-year terms. David Cross (75 votes) and Kevin Gould (75) won two-year terms. All but Cross were incumbents. Vincent Schauer received 47 votes. Dennis Feltz has two years remaining on his term and was not up for election.

Monument Sanitation District: Jeremy Diggins (25 votes), Lowell Morgan (21), and Glenda Smith (26) were elected. Ed Delaney and Connie DeFelice have two years remaining on their terms and were not up for election.

Tri-Lakes Fire Protection District: Keith Duncan (52 votes) and John Hartling (40) won four-year terms. Jim Lipper received 39 votes. Rick Barnes, John Hildebrandt, and Charlie Pocock have two years remaining on their terms and were not up for election.

Woodmoor/Monument Fire Protection District: Si Sibell (299 votes) and Rod Wilson (260 ) won four-year terms. Bob Hansen got 251 votes. Jeremy Diggins (261 votes) won a two-year term. Tom Conroy received 259 votes. Bob Harvey and Russ Broshous have two years remaining on their terms and were not up for election.

May 8 NEPCO meeting featured discussion of county and Monument planning

At the May 8 meeting of the Northern El Paso County Coalition of Community Associations (NEPCO), Carl Schueler, manager of county planning, and Mike Davenport, assistant Monument town manager and town planner, presented overviews of the land use planning process in each of their organizations and responded to residents’ questions and comments.

About 30 people attended the meeting. Numerous northern El Paso County homeowner associations and residential areas were represented at the meeting including Bent Tree, Chaparral Hills, Falcon’s Nest, Gleneagle, King’s Deer, Sun Hills, and the Woodmoor Improvement Association.

Schueler said the county is extensively revising its Land Development Code. The Board of County Commissioners (BOCC) will hold workshops on the effort June 3, June 17, and July 1. There is more information on the county’s Web site at www.elpasoco.com. He said the goal is to complete the work by the end of 2004.

Schueler said the county has reorganized so the former Planning Department is now a division within the Development Services Department. The two other divisions within that department are Engineering, headed by Paul Danley, and Customer Service, headed by Imad Karaki. Schueler said that when the reorganization is fully implemented, instead of working directly with a planner as in the past, developers would work with a project manager from the Customer Service division. Detailed questions would then be relayed to the planning and engineering divisions.

Schueler noted that as projects work their way through the process, the amount of discretion the county has diminishes. He said, "At the sketch plan, rezoning, or preliminary plan phase, the BOCC can say, ‘We don’t like it.’ At the final plat stage, if a project meets technical requirements such as water availability and road access, it is less appropriate to say no."

Davenport cited many similarities. He said, "Monument is revising its zoning and subdivision regulations in a very significant way. It is almost a complete rewrite."

He said that the revised regulations will encourage developers to deal with the biggest questions first, such as "Is this the right site for this project? Does it make sense in terms of the zoning, master plan, and compatibility with nearby land uses?"

Davenport noted that the town is experimenting with pre-application presentations. Prior to submitting an application, the developer presents the concept and gets a general reaction from the town and residents. He said, "The developer finds out early whether there are major problems with the project. They get a quick answer before investing a lot of money."

Woodmoor Improvement Association President John Ottino expressed concern that the traffic impacts of projects are looked at in isolation. He noted that Colorado Springs and Denver were recently judged to be among the worst cities of their size in the country in terms of traffic. He said, "Traffic is becoming unbearable."

Schueler described how traffic impact analyses (TIAs) measure the existing traffic and then superimpose vehicle trips generated by proposed developments. He said, "The art is the distribution of those trips." A list of required on-site and off-site improvements is then developed to mitigate the impacts.

Bob Swedenburg said, "It sounds reasonable, but something is broken. It is not working. The situation has gone from bad to worse."

Davenport noted that the county is revising its major transportation corridors plan. He added that several years ago, local jurisdictions worked together to develop a Tri-Lakes area transportation plan under a Heritage Grant. He said the Heritage Grant study showed that by 2018 the area would run out of residential land. It identified a series of road improvements needed to accommodate that growth.

Schueler said, "Roads are expensive to build, so plans generally assume a certain level of congestion."

In response to a question, Schueler said, "There is no funding scheduled for interchange improvements. The Baptist Road interchange doesn’t even work right now."

NEPCO President Dave Swanson asked how the county could consider approving projects such as Wal-Mart with major impacts on that interchange.

Schueler said, "The highest level folks at the county favor approving projects so the pressure gets so great on that interchange that it will have to be fixed."

Fox Run resident Dave Patton asked, "Why can’t the county stop approving projects until the infrastructure is in place?"

Schueler replied, "The county has almost no money to do road improvements. Since there is a pro-development culture and philosophy, the county is compelled to enter into development agreements. The way to get improvements done is to approve developments."

He gave as an example the improvements to Woodmen Road that partially resulted from approval of the Meridian Ranch and Bennett Ranch projects.

As another example, Schueler said, "Wal-Mart will absolutely make the connection south to Struthers Road. There is a lot of pressure to get development under way. Without Wal-Mart, there is nothing in place to complete Struthers Road."

Swanson expressed concern about the relaxation of road-building requirements placed on the developer of the controversial Struthers Ranch project that lies about three-quarters of a mile south of Baptist Road. Schueler said, "I agree with you." He described it as "a torture session for all concerned."

On October 15, 2002, when the county planning commission initially reviewed the Struthers Ranch project, the developer’s representative justified a many-fold increase in the density because the developer would pay for a major share of the cost for constructing Jackson Creek Parkway-Struthers Road from Struthers Ranch north to Baptist Road.

Following BOCC approval of the Struthers Ranch plan, subsequent rounds of negotiation and renegotiation with the county attorney’s office reduced that obligation to construction of a box culvert bridge and a portion of the road within the Struthers Ranch project—leaving no funding for the three-fourths of a mile of road from the bridge north to Baptist Road.

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For more information on NEPCO, contact Dave Swanson at 487-8530 or dcswanson@mindspring.com. NEPCO’s Web site is www.nepco.org.

Carl Schueler, Manager, El Paso County Planning Division, can be reached at 520-6300 or CarlSchueler@elpasoco.com. The county’s Web site is www.elpasoco.com.

Mike Davenport, Assistant Monument Town Manager and Town Planner, can be reached at 884-8013 or mdavenport@townofmonument.net. The town’s Web site is www.townofmonument.net.

Tommie Plank, owner of Covered Treasures Bookstore, was appointed trustee by the Monument Board of Trustees (BOT) in a unanimous vote at the May 3 meeting. Plank will fill the seat vacated by Byron Glenn, who was sworn in as mayor on April 19. Also at the BOT meeting, the public hearing on the comprehensive update to Zoning and Subdivision Regulations was postponed at the request of Town Planner Mike Davenport. Trustees George Brown and George Case were absent. Bruce Waugaman, of Monument Boy Scout Troop 17, led the Pledge of Allegiance.

Plank has lived in the area since 1982 and served over 12 years on the District 38 Board of Education. She helped found the Historic Monument Merchants’ Association (HMMA) and has regularly attended BOT meetings as the HMMA representative. She has also attended numerous Planning Commission, Parks and Landscape, and town Comprehensive Plan sessions. She was appointed to serve the remaining two years of Glenn’s four-year term.

Owner Paul Lundeen requested approval for a hot dog cart, that would be removed each evening, at any qualifying location in town. Lundeen also asked that specific approval of any future requests regarding site plans be delegated to the town planning staff, as is done in Colorado Springs. Lundeen was unable to attend the meeting. Davenport noted that if the BOT agreed to Lundeen’s request for a "peddler-type" business license, then a separate change to the new kiosk-type business regulation would also be required. Under the new regulation, specific site plan approvals must be granted by the Planning Commission and Board of Trustees. This regulation was first approved for Karen and Tim Evans, owners of A Chick and a Windshield, a business operating in the parking lots of King Soopers and Safeway. Several of these businesses have been approved under the new regulation.

Davenport proposed a revision to the regulation that would allow the town planning staff to approve operation at a specific location only if:

The restriction to no more than three locations was recommended by the Planning Commission. Lundeen obtained a state sales tax license, applied for incorporation, and submitted a business license application, contingent on town approval. His vending cart has passed all inspections and been licensed by the El Paso County Health Department as well as by the city of Colorado Springs.

Davenport noted that as little as a week would pass before a location approval and that there would be no restriction on how often the carts could be moved. Several carts could be located on a single parking lot such as King Soopers. He said all previous kiosk-type applications had site plans. Davenport further noted that this requested regulation change would not cover vendors in operation for one-time events, such as summer street fairs, because the event sponsor is responsible for conduct of vendors/peddlers and also for collecting all vendor/peddler sales tax. Drumm asked about adding a regulation prohibiting the cart from locating in front of Subway. Orten said that the BOT should not try to prescribe anti-competitive regulations. Davenport noted that the shopping center owner would control peddler locations to preclude damage to leaseholders, so the town need not be concerned.

The BOT voted unanimously to continue the application to May 17 to hear Lundeen’s answers to remaining trustee questions regarding the application. They would consider the effect of the required change in the new governing regulation before considering the comprehensive update to zoning and subdivision regulations.

Although this agenda item was continued, there were several issues raised by new trustees on the history of the update, which has been considered by the Planning Commission and BOT for about a year.

Davenport said the comprehensive update was an attempt to pull together all land development regulations into a single document with common standards for all forms and drawings. Numerous tables that can be used as checklists for various approval processes were created to provide a structured approach that is understandable by applicants, town staff, consultants, and neighbors to developments. Inconsistencies between old regulations were mostly eliminated. A consolidated reference section was created that includes maps of districts and mouse habitat boundaries. A section on "big box" building standards and a reference section on all Monument Marketplace architectural standards was added. The number of pages to list the specific requirements and procedural steps was drastically reduced in this massive rewrite.

The result is a user-friendly document that guides people toward successful approval with checklists, rather than an array of differently formatted, seemingly unrelated regulations that mostly list only prohibitions and limitations. Topics are listed in alphabetical order with numerous cross-references to minimize redundancy. Guidelines for meeting other agency requirements such as fire inspections are now included as well. Davenport concluded that the new format makes it easier to fix the few remaining errors and to incorporate future changes and that it sets a new standard for accessibility. The Planning Commission approved the update in August.

In response to questions from Orten and Drumm regarding where changes had been made from the old regulations, Davenport noted that nearly every single page has changes in format and content. He said it would take him several months to create a document that listed each and every change. Orten then agreed that the changes were too extensive to show individually and did not need further BOT review. However, Drumm disagreed, insisting that he should have the opportunity to review all the changes. "I can wait to approve this to avoid problems down the road," he said.

Glenn responded that the staff was busy and didn’t have time to create the document. Mertz, who directed the Planning Commission review and approval process as commission chair, said Davenport had done everything the Planning Commission had asked of him during many hours of page-by-page review for several versions. Orten said that Monument is the hardest town in the county in which to get approvals due to the complexity of the old regulations and that the new document needed to be implemented.

The trustees voted unanimously to individually review the latest draft document (over 150 pages) and bring questions or comments to the May 17 meeting.

The board unanimously appointed Glenn as director and former Mayor Betty Konarski as alternate director to the El Paso County Water Authority. Glenn and Konarski will also represent Monument at the Palmer Divide Water Group. Gary Barber, manager for the Water Group, requested Konarski’s continued service, citing the "time and energy she has devoted to the Colorado Water Partnership." He also wrote that she would be able to assist in the current effort to form a Front Range water conservation district. Town Attorney Gary Shupp was unanimously reappointed for one year, and the terms of his contract were extended without change.

Monument Police Chief Joe Kissell received unanimous approval authorizing him to finish work on a grant request for $125,000 that must be submitted no later than May 17. He said District 38 Superintendent Dave Dilley supports the grant request. A school district employee would be required to attend training with the new SRO; training costs for both would be covered by the grant. The grant would provide $41,667 for each of the first three years to help pay for an experienced patrol officer to serve in Grace Best Elementary and Creekside Middle Schools during the nine-month school year.

If it wins the grant, the town would have to provide a matching amount of $22,125 over the first three years and would be obligated to fully fund the SRO during the fourth year. The grant requires the SRO to spend 75 percent of duty time at the two schools each year, which would be a full-time job for the nine months school is in session. The SRO would be available for patrol or other duty in the summer months.

The grant money would free $125,000 from the salary account to help pay for hiring a replacement patrol officer for the first three years. Hiring a new officer for four years is a grant requirement. As with the SRO, there would be no grant money for this new-hire officer during the fourth year of the grant period.

The SRO would not serve Lewis-Palmer High School, which is outside the Monument town limits, and is serviced by the El Paso County Sheriff’s Office. Kissell noted that the sheriff has a number of SROs who can be moved around the county to cover the high school.

The SRO would perform community policing in school buildings or on school property, working closely with school staff and students to:

Kissell indicated that he would continue the SRO position after the grant expires if conditions and available resources permit, supplementing his budget with other grants if possible.

Monument Lake Dam Mouse Habitat Mitigation

The BOT unanimously approved the final payment on this contract with Western States Reclamation, Inc. for $4,873.60. Western States reduced the final contract amount by $2,311.10, reflecting the deletion of a portion of the work originally called for at Dirty Woman Creek Park and the Monument Lake north beach. The total contract was $19,801.

The board unanimously approved a schedule calling for two orientation sessions on May 10 and 24, preceded by tours of the Police Department building and Public Works water facilities. The retreat is scheduled for June 19 and is expected to last up to eight hours. A similar retreat was held at the start of Konarski’s term as mayor in late 2001 to help the board form goals and build an action plan to accomplish them.

The Colorado Springs Utilities (CSU) staff and board have taken the position that they will only allow the town to purchase water in order to refill Monument Lake, even though the SWSP has been approved and the town already has an agreement with CSU for a one-time refill plus replacement of lake water that evaporates, when CSU has excess water. However, CSU is 58,464 acre-feet short of their storage requirements and will be reluctant to sell water to Monument until that shortfall is eliminated.

Konarski met with CSU staff on April 20 to ask that water flowing into the lake from Monument Creek be allowed to remain and fill the lake. None of the small amount of water currently flowing in Monument Creek and through the dry lake bed is owned by the town. Water in Beaver Creek can only be used for augmentation. Before the purchase can be made, metering equipment will have to be installed where the creek enters the lake. Another unfortunate side effect of the low flow is that debris and silt have filled the drain basin and will have to be removed before the lake is refilled.

Chief Kissell will notify the organizers for the Triathlon that was to be held in town later in the summer that the lake will not be filled. There is no expectation of the lake being refilled soon if the drought persists, even with the recent approval of the SWSP.

Skrzypek asked the board to authorize her to seek a contract with the city of Colorado Springs to have their Massage Therapy Review Board review applications that the town receives. Skrzypek and Shupp advised the board that this would be a more effective alternative to forming and sustaining a qualified five-person town review board, considering the small number of applicants. Currently, four applicants are awaiting review. She also noted that Colorado Springs was having trouble filling positions on its review board. The BOT unanimously authorized Skrzypek to initiate negotiations for services.

Orten reported on the status of the countywide RTA initiative, a one-cent sales tax that would be used for a specific list of new roads and bridges (55 percent), roadway maintenance (35 percent), and a county transit system (10 percent). Glenn indicated that the town will discuss the possibility of forming a smaller RTA with Palmer Lake to keep all RTA revenue collected within the town. A decision is required by July 15 if the town is to participate in either option. The details of the countywide RTA list of capital improvements, evenly divided between the county and Colorado Springs at 20 projects each over 10 years, will not be available to the voters until mid-September. The RTA projects would be administered by Pikes Peak Area Council of Governments staff.

If the BOT opts to participate in the county RTA ballot issue in November and the town collectively votes against the RTA initiative, but it passes countywide, Monument residents will still have to pay to a one-cent sales tax for 10 years and 0.45 cents indefinitely thereafter. The same general scenario would apply to a Monument-Palmer Lake RTA, but the details of which capital projects would be funded, how long the larger sales tax would last, and relative sizes of the two tax components (no more than a total of one cent) would have to be defined by the BOT and Palmer Lake Town Council.

Orten also noted that there is no county funding allocated for Baptist Road improvements on both sides of I-25 listed on the draft RTA capital project list because the current plan is to require developers to pay for these improvements. Upgrade of the Exit 158 interchange of I-25 is completely separate from this option and has to be funded by Colorado Department of Transportation. There is no expectation of funding for the interchange improvement until 2010 at the earliest.

A change order for $305 was approved 4-1 to cover the incremental cost for the new public address/recording system to connect to a phone. This would allow trustees to monitor meetings from out of town. Drumm voted no.

Drumm commented that the paving and striping on Old Denver Highway at Valley Ridge was unacceptable and asked the staff to recommend options to have the problem corrected.

Shupp noted that both concrete batch plant lawsuit trial preparations, Ready-Mix and Transit Mix, are moving forward.

For the third time in a row, Pegasus Transit did not attend a BOT meeting to give an overview of their plans to provide public bus service for the Tri-Lakes Region.

The meeting adjourned at 8:27 p.m. The next meeting will be held at 6:30 p.m. on June 7 at Town Hall.

Doug Barber gave the Monument Board of Trustees (BOT) a pre-application annexation presentation on the Zonta Addition, Steve Plank and Luann Deklava reviewed District 38 high school program options, and the hearing on the Comprehensive Update to Zoning and Subdivision Regulations was tabled at the May 17 BOT meeting. The public hearing on the comprehensive update to Zoning and Subdivision Regulations was postponed at the request of Town Planner Mike Davenport. Once again, the hearing on Wild Bob’s BBQ, a kiosk-type business, was continued due to the absence of the applicant. Trustee Tommie Plank was absent.

Lewis-Palmer District 38: Deklava and Plank reviewed the school board’s plan for evaluating new programs in a presentation on "The High School Experience." They discussed a seven-part Statement of Values that incorporates input and suggestions collected in a series of 34 community meetings (summarized as "We must teach today’s generation what they need for tomorrow, not what our generation needed for yesterday"). Suggestions included:

The Web site www.lewispalmer.org has more information on these issues under "HS Experience"; all district taxpayers receive a newsletter that provides updates on these and other issues from D-38.

Since 1994, Lewis-Palmer High School graduation has improved from 93 to 97.5 percent and the dropout rate has fallen from 2.0 to 0.2 percent, while the number of students has increased from 975 to 1,681.

Mayor Byron Glenn asked if there could be more intramural programs. Trustee Dave Mertz asked if more vocational programs with options for work study and partner courses from Pikes Peak Community Colleges could be offered for students on non-college paths. Plank noted that new construction might require a bond issue and that expansion of commercial activity within the district might significantly increase revenue, but there are no solid growth projections. Board President Dave Dilley said the school was trying to add multi-use facilities and would decide no later than July 23 on whether to expand LPHS or build the second high school.

Town engineering consultant Roger Sams of GMS, Inc. gave a history of dam repairs and land acquisition from the Lake of the Rockies campground, as requested by the BOT. The lake was drained to improve the dam to last hundreds of years and to improve spillway discharge down Monument Creek. It was found that some Lake of the Rockies facilities were on or very near town property. At the same time, land was obtained from the campground to make improvements to the shoreline that would improve right-of-way access and enable recreational opportunities around the lake shore to be built in the future. Since then, these plans have been significantly modified by the U.S. Fish and Wildlife Service rulings on mouse habitat preservation. The state has given the town the obligation to preserve the lake, but there remain no easy answers for refilling the lake as long as the drought continues. Colorado Springs reservoirs are below capacity, and the city will not sell water or permit water to be taken until their reservoirs are full. Full access to the lake’s shoreline via footbridges over habitat will be very expensive to create.

The board unanimously approved a new annual contract with GMS for engineering services that started on June 1. The structure of the contract remains the same, with fixed rates on an as-required basis. The range of GMS hourly rates rose from $38-$104 an hour to $40 to $110 an hour for various levels of GMS staff.

Town Planner Mike Davenport and developer Doug Barber gave pre-application annexation presentations regarding the Zonta Partnership’s preliminary sketch plan; the presentations were similar to the ones previously given to the Planning Commission (PC) on May 12. Although Zonta does not plan to build on the 99-acre parcel—bordered by the Santa Fe Trail, Wakonda Hills, Beacon Lite Road, and Century Park—at this time, they did come to agreement with the Monument Sanitation District (MSD) on where sewer easements under the development’s future streets would be located.

The district plans to extend sewer mains across the parcel to the southern boundary of Wakonda Hills by the end of 2004. These mains would allow construction of mains in the western portion of Wakonda Hills that cannot be serviced by the Beacon Lite Road 12-inch collector line. Once the mains in Wakonda Hills are installed, MSD can offer residents the option to voluntarily connect to the sewer. About two-thirds of Wakonda Hills homes still have individual septic systems on one-acre lots that were grandfathered when the county increased the minimum lot size for septic to 2.5 acres.

(See the Monument PC article for more sketch plan details.)

Rex Miller of Century Park expressed concerns about loss of views to the north due to the apartment/condo complex at the southern end of the parcel. He said he was told that the area north of Century Park was wetlands and could not be built upon.

Roberta Jackson of Wakonda Hills said she was concerned about quality of life, traffic, and water issues, saying that since moving here 12 years ago, going home has been like being on vacation. She asked, "Do we really need this? Monument is not what it used to be."

Julian Drummond, also of Wakonda Hills, spoke against the projects, saying that the motive for MSD’s push to get sewers installed was to "suck our sewage or our money from us." He also said that there has been about 50 percent turnover in the homes since the last survey about whether or not people in the neighborhood wanted sewer service.

In response, Barber said that people who live by large, open, privately held pieces of land have to expect eventual development of that land.

Trustee Gail Drumm expressed concern about blockage of views and the Crystal Creek tributary wetland. Trustee George Brown asked about water availability and how the town would recoup the costs of a new well ($1.5 to $2 million) and treatment and storage ($600,000 to $1 million).

Glenn said the developer could pay for the well and storage through escrow. Tap fees for 130 dwelling units at $9,000 only generate $1.17 million. The town would only benefit from the extra water that is available if all four aquifers are tapped, however. Davenport noted that the purpose of the presentation was just to determine what the issues were, not the solutions. Glenn confirmed that all fire access issues are to be explored, particularly sufficient cul-de-sac turnaround room. He said that if the town annexed Beacon Lite Road, Barber would have to install curbs, gutters, and sidewalks.

Trustee Frank Orten asked how MSD was forcing the issue. Barber said that their preliminary sketch would not have been prepared had MSD not asked them where the best places for sewer easements would be. He added, "We’ll make a quality neighborhood that makes money or we won’t do it at all."

Trustee Dave Mertz said that annexation must benefit the town in the short and long terms, noting the lack of commercial development to generate revenue. He also said if the town did not annex the parcel, it would have no say in how the parcel was developed. Barber said he would investigate the option of developing his own water district.

Davenport concluded the Zonta presentation by saying its purpose was to consider whether or not this is the right location for the proposed use, citing the range of house prices and the large lot size for a development within the town’s borders. He also noted that a new well is not usually drilled until there is a long-term need to service 400 homes or if 85 percent of current well capacity is already allocated so tap fees have already been collected to finance the new well. However, this situation does not apply to the Zonta development, and the initial cost per new house for the well and storage is far higher than the town’s general criteria. The town may wish to require the developers to set up their own special taxing or local improvement district.

The representatives for Pegasus did not show up for the fourth time in a row, and the presentation was canceled.

The board unanimously tabled the consolidation proposal, saying it should not be continued again. When the single document that includes all the numerous separate regulations is ready for review, the hearing will be advertised again. Since the document is over 150 pages, the board will need several days to review it prior to the hearing.

Wild Bob’s BBQ Request Continued

Owner Paul Lundeen again was unable to attend the BOT meeting. The BOT voted unanimously to table the application and will not consider it again until the zoning regulation consolidation has been completed. Lundeen’s request requires new changes in the comprehensive update that would have to be approved in a separate hearing in order to authorize his food cart business. If the board approves this kiosk-type business application and the required zoning regulation revisions, the town staff would be authorized to administratively approve the specific initial operating locations as well as any subsequent relocations to other parts of town.

The annual development fund has spent more money on Fourth of July and 125th anniversary activities ($5,000) than has been collected to date, but less than the budget for the year. Revenues should exceed the account’s expenditures soon. Sales taxes are down more than expected due to changes and continuing construction at I-25 Exit 161. The report was accepted unanimously.

Sales tax revenue for Triview Metropolitan District was $13,688.85. The tax money is collected by the state, and then passed through the town treasurer to the district per the Intergovernmental Agreement between the two entities. Colorado Machinery was paid $6,757.41 for repair parts and labor to a town backhoe/front-end loader.

The board unanimously approved $2,650 from the water contingency budget for scheduled water tank cleaning and maintenance performed by Inland Marine Services. They also unanimously approved repaving Old Denver Highway from Santa Fe to Buffalo Valley Path, following the installation of new town water mains under the road. These mains will run from the just-completed well 9 at the south end of Village of Monument to the treatment facility at well 8 by Beacon Lite and Second Street. A portion of this road is in the county, but the board felt it was best to do a single complete overlay to make this town entrance more attractive because there are no county funds available to overlay their portion of the highway. Wall said planned construction for this year would be deferred. There was general agreement that the current patchwork paving on Old Denver Highway was harmful to the economic well-being of the town.

In other matters:

Four employees participated in the Special Olympics Torch Run on mountain bikes. They picked up the torch at the Air Force Academy’s north gate at about 1:50 p.m. on May 26 and delivered it to a mounted policeman from the Colorado Springs Police Department at Eighth Street and Beacon Lite Road. They were joined by riders from Colorado and UCCS law enforcement personnel.

The department has taken delivery of a 2004 Chevrolet Impala patrol car and will take a 1998 Ford Crown Victoria out of service, transferring equipment to the new one as soon as possible. The department responded to 245 calls in April. There were 59 cases for the month, including 44 criminal, 4 traffic accident, and 11 incident cases, as well as 32 summons. There were 55 citations issued in 31 categories.

Goldwest Property Pre-Application Presentation

Goldwest proposed construction of senior citizen housing on the previously platted, but undeveloped, property across Adams Street from Grace Best Elementary School. It is bordered by the unbuilt First Street right-of-way to the north, the Santa Fe Trail to the east, and the unbuilt Lincoln Avenue right-of-way on the south. Goldwest would like to build 13 or 14 senior citizen one-story duplexes with two bedrooms and two baths and one-car garages between the units. They would cost about $250,000 and would include front and rear porches. This proposal would require a complete replatting of the block.

Goldwest would also consider moving forward with single family homes if required to do so, despite the small lot size in the current plat. Representatives said Goldwest currently owns lots 11 through 16 on the northeast corner of the block; it will purchase the remaining 10 lots if the proposal appears to fit within the town’s comprehensive plan.

Davenport said the possible issues for the board to consider were replatting, rezoning, and water. There are 16 lots platted currently, but the school has constructed a fence that encroaches on the west end of the three southwest lots (lots 6-8.) He said the 16 lots were legal when platted but are too small for today’s standards for single-family houses. The applicant would like to increase the density of the zoning, which is currently R-2. Current downtown regulations require stringent water conservation measures to meet the new regulations. Although the number of taps could increase from 16 to 26 or 28, Davenport said that senior citizen water usage is usually far lower than average, which would partially compensate for the small acreage and somewhat limited available water under the parcel. The state will not allow driveways across the Santa Fe Trail, which is contiguous with the east boundary of lots 9-16. Access on Adams Street is also complicated by the school’s short setback and the existing fence.

Their preliminary sketches showed a narrower-than-standard road running north-south down the center of the parcel, with access from the north from the First Street right-of-way. Town regulations provide narrower options called lanes or park lanes that might apply. However, the developer was agreeable to standard sized roads and smaller lots. Access from Second Street to the new block of First Street would be along Adams, north of the school building. The fence would not allow access to the Lincoln right-of-way at the south end of the proposed lane.

Davenport said this type of housing would be the kind that older senior citizens would seek in order to continue living in town. They typically only have one car and are not interested in yard maintenance and will accept 15-foot spacing between buildings. He added that while this type of housing is on the low end for square footage and yard space, it is not low end in cost. On the other hand, it is difficult to legally limit ownership to senior citizens. Young families might look at these as starter homes and use more water and parking than the design can support.

Lake of the Rockies issues resolved

Davenport reported that the staff had administratively approved an agreement regarding drainage onto Bob Mooney’s property from the Lake of the Rockies campground. That settlement was a condition of approval of the Lake of the Rockies PD Master Plan Amendment by BOT on Jan. 20. Both parties agreed to a minor modification of the conformation of the drainage swales that were specified in the original BOT conditions. Davenport approved these swale changes. Also included was a grading and drainage report that was approved by the town engineer. The six house lots on the north shore of Monument Lake that were originally shown on the amended master plan were deleted, though they may be considered at a future hearing. The campground’s RV storage area will be buffered and fenced.

The board unanimously approved an administrative clerk to help the staff with peak planning review activity and authorized $5,500 for 12 weeks of work.

The BOT retreat was rescheduled for June 12 at the El Pomar Center, by the Broadmoor Hotel, from 8 a.m. to 4 p.m.

The meeting adjourned at 8:30 p.m. to go into executive session on negotiations and a personnel matter. The next BOT meeting is at 6:30 p.m. on June 7 at Town Hall.

Town Treasurer Judy Skrzypek notified OCN on June 1 regarding the following information:

"There was an error in the Town’s water billing dated May 26, 2004. The billing date was not changed from May 20 to June 20. This error also generated the comment that your account would be disconnected if not paid. The current charges are due on or before June 20, and any previous balance is due upon receipt. Please also disregard the comment about disconnection. Town Treasurer Judy Skrzypek was responsible for the error and would like to apologize for her error and any inconvenience that this may cause. If you have questions or need additional information, please contact Judy at 719-884-8015 or at jskrzypek@townofmonument.net."

The Monument Planning Commission (PC) discussed annexation of the undeveloped/rural 99 acres between Wakonda Hills, Beacon Lite Road, the northern town limit, and the Santa Fe Trail as well as the 140-acre Wahlborg Addition southeast of Highway 105 and Knollwood. A standing-room-only crowd filled the meeting room, the kitchen, and both hallways. Many of the more than 60 people were nonresidents from the neighboring communities of Woodmoor and Wakonda Hills. All five sitting members of the PC were present; Commissioner Ed Delaney arrived after the vote on electrified fences.

The Monument Board of Trustees is requesting that volunteers for the vacancies created by the resignations of Bob Mooney and Tom Donnellan apply to Town Manager Rick Sonnenburg at 884-8012 or rsonnenburg@townofmonument.net. The board will schedule interviews so all volunteers appear at the same meeting, if possible.

Town Planner Mike Davenport noted that he had obtained technical information the commission had requested on April 14 during their hearing on changing town regulations to permit low voltage electrified fences within town limits. Julie McCearley, a resident of Jackson Creek, had an electric fence installed on her property when her house was constructed. Neighbor John Warren had asked to have the fence removed. She only became aware that there was a regulation against the fence during a review of the dispute over the fence. McCearley had requested the regulation be changed to allow her to keep her fence, citing concerns about her mother’s severe allergies to animals that might threaten her health if the Warren’s dog entered her property.

Town Engineer Tony Hurst recommended that if such fences are to be permitted, then they should be installed with a nonelectrical perimeter fence that would prevent a person being injured by the inner electrified fence. He suggested that an alternative might be to permit the use of ultrasonic devices that would deter pets and wildlife from entering a property. However, McCearley had expressed equal concern over children entering her yard and ultrasonic devices would have no effect on these occurrences.

McCearley stated she had been harassed by neighbors who were unhappy with the fence and asked the commission for a final decision so the matter could be resolved. She noted that she had never said the neighbors’ dogs had jumped the fence.

Warren read a statement that reiterated his concerns from the previous hearing that the fence was a hazard for pets and children and that its presence harmed neighboring property values, whether it remained illegal or not. He said it was pathetic that commissioners did not know or follow the rules regarding electrified fences and expressed chagrin that they did not appear to take seriously his petition against the fence signed by 40 neighbors. Delaney had previously acknowledged that his rural property within town limits had an electrified perimeter fence for about 13 years, though the power has been turned off in recent years.

Chad Randis, president of the Heights at Jackson Creek Homeowner Association, said the neighborhood covenants took no position on electrified fences. However, the association position was that electrified fences are not needed in residential neighborhoods.

Davenport noted that there are still rural properties with agricultural fences within town limits. He added that electrified fences are typically found only on agricultural lots of five to 10 acres or more in other Colorado counties. Commissioners Kathy Spence and Jim Thresher voted with Morgan in opposing a change in the regulation; Larry Neddo voted for the change.

Pacific Telecom PD Site Plan Amendment

Davenport said that Richard Miller of AFL Telecommunications, who represents Pacific Telecom, was seeking an amendment to the PD site plan for the single antenna pole and associated electronics building at 856 N. Washington St. north of Highway 105 by the dump site. The pole currently supports a wireless Nextel antenna array installed at 150 feet above ground level that supports communications in the Monument area. Sprint, PCS would like to add nine monopole cell phone antennas to this pole, 25 feet below the existing Nextel antenna array (125 feet above the ground) along with supporting electronic equipment on a new separate 10-foot-by-18-foot concrete pad next to the pad for the Nextel electronics. Davenport noted that adding an antenna array, rather than constructing a second pole of equal size, was less visually intrusive and more efficient. Neither antenna would interfere with the other’s transmit/receive capability.

The proposal was unanimously approved, 4-0.

Pre-Application Review of Zonta Annexation Proposal

Davenport reviewed the preliminary sketch drawing submitted by Doug Barber of Rawhide Realty for the Zonta Partnership, Ltd. The 99-acre parcel, zoned RR3, is between Beacon Lite Road and the Santa Fe Trail. The southern 14 acres are already inside the town limit and are part of the Woodmoor/Monument Fire Protection District. The remaining 85 acres would have to be annexed and are in the Tri-Lakes Fire Protection District. The sketch plan shows 85 single-family homes on 85 acres zoned PRD or R1 and 48 townhouses on the southern 14 acres zoned PRD or R3.

The purpose of the pre-application review is to identify potential issues and concerns that the Planning Commission and Board of Trustees might have before expensive engineering studies and design are performed, saving time and money for all involved. The goal of these two reviews, Davenport said, is to consider the question, "Is this the right proposal for this location?" rather than to make a decision on annexation.

History: One of Zonta’s partners was also a partner in the development of Wakonda Hills. The group does not intend to develop the land at this time. They are bringing the pre-application review to the town at the request of the Monument Sanitation District (MSD) for easements across the property in order to provide sewer service to Wakonda Hills residents. Currently, about one-third of those residents have petitioned for inclusion into the district and are connected to the sewer main that runs along the west side of Beacon Lite Road. However, the slope of the land does not allow western Wakonda Hills homes to be connected by gravity flow to the Beacon Lite main. The district would like to be able to connect these western homes to their system through the rural parcel and hopes to have all the Zonta mains installed by the end of this year. The district asked Barber to determine where the roads would be when the parcel is developed so the sewer easements would be underneath them.

Public Comment: Several citizens wished to speak and ask questions about the developer’s and the district’s construction plans.

Ed Montgomery asked how much development the aquifers could support. Davenport said that cooperative Tri-Lakes water studies show that most of the region can produce about 1.25 to 1.50 acre-feet of water per acre on average, roughly three times what is required for a single-family-equivalent home development, if the county well requirement of 100 years of water supply is used. However, if the town’s 300-year requirement is applied, the amount of water that can be adjudicated would be reduced by a factor of three, but would still be sufficient. The available supply of water for the Zonta parcel is estimated to be 140.9 acre-feet, far exceeding the requirement for the proposed development. Morgan added that there are no guarantees that the water will last 100 years in the county despite regulations.

Chuck Robinove said that while he thought the Zonta proposal included nice transitions, he preferred to remain on his septic system. There was some discussion about a petition to that effect signed by several Wakonda Hills residents. Robinove also expressed concerns about the cul-de-sacs being large enough to enable fire trucks to turn around and about the need for a traffic light at Highway 105 and Beacon Lite Road to handle the additional traffic, which might be too close to the proposed Safeway light. He claimed that the cost of connection to the sewer district is between $7,000 and $10,000. He did not like the name "Wakonda Hills Improvement Project" on the Zonta sketch plan. Later, Barber said he had used the contour map provided by MSD because it was the most accurate available and the title was the MSD title for the sewer main improvements.

(See the article on the Monument Sanitation District board meeting for accurate connection cost figures.)

Paul Catallo asked where the development’s access points would be located. Barber said they would be on Beacon Lite Road, and another access would likely be made through the existing Century Park development.

Joan Curry asked about the location of sewer easements near or on private properties. Davenport said the goal was to minimize the number of lift stations. She asked if this would mean all of Wakonda Hills would have to connect to MSD. Davenport said that the question should be presented to MSD, but he believed that owners would only have to hook up if their septic systems failed. He added that the sewer district is not part of the town government.

Rick Thorne expressed concern that the construction of two houses near his property would block his views to the north and that he had been told when he bought his house that the parcel was a wetland where houses could not be built. He also asked that a light be installed at Highway 105 and Beacon Lite Road, as did Penelope Adams who spoke next.

Linda Drummond expressed concern that her views would be destroyed by the construction and asked if annexation was the city’s goal. Davenport said the proposal was consistent with the town’s comprehensive plan, which was a good reason to look at it.

Mike Kopvcinski asked about the types of houses that would be built on this site. Mr. Barber answered that there are not details like that yet, as this is a "first shot" sketch plan and they were looking for such comments. He also added that he has been developing land for several years and wherever they have developed, the property values have always risen. He added that although MSD has the right of eminent domain, they wanted to work with Zonta in designing the sewer mains and stubs for each dwelling unit.

Barber concluded his responses to citizen input by saying that they planned to preserve the character of the land’s natural contours as much as possible, even though it would increase their costs. He said that access through Century Park was a requirement of the Tri-Lakes Fire Protection District and that they had already approved the size of the cul-de-sacs for engine turnaround. A mouse/wetland study is under way.

Commissioner Kathy Spence asked about the relative density of the planned townhouses compared to neighboring Century Park. Barber said the density was the same or lower. Davenport noted that the mobile home park across Beacon Lite has a density of eight units per acre, far higher than the Zonta townhomes. She said she would like to see sidewalks along Beacon Lite. Davenport noted that the Parks and Landscape Committee recommended that a trail be built along Beacon Lite as well as a connection to the Santa Fe Trail. She later concluded that the proposal was a good plan, but she said she was concerned about the costs of providing town water, if annexed.

Commissioner Jim Thresher asked about the affect on town finances. Davenport said that, in general, purely residential annexations cost a municipality more than the taxes they produce over the long term, even though they normally produce an excess of revenue over expense during the first several years. The Zonta development would require a new well and treatment facility that would cost between $1.5 and $2 million, as well as a new storage tank that would cost between $600,000 and $1 million. Legal costs and other physical factors may increase the town’s expenses even more.

Delaney asked about the maximum height of dwelling units. Davenport indicated that the maximum is 35 feet, but Barber said no structure would be taller than two stories.

Morgan said the plan was "classy" but that current traffic on the dirt portion of Beacon Lite was excessive, particularly when people used it to avoid backups on I-25 and that it was hard to predict when a traffic light at Highway 105 would be funded. He wondered if Barber could afford to develop his own water distribution system