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Piano concert a delight

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Below: An audience of 125 anxiously awaits the start of the Rocky Mountain Music Alliance’s Jan. 21 piano concert at Forestgate Presbyterian Church.

Below: L to R: Pianists Lindsay Lohr, Josiah Hamill, Faith Lanctot, Jo’el Smith, Dr. Michael Baron, Barbara Taylor (MCTN), Brett Wheeler, and Darla Mote.

The Rocky Mountain Music Alliance presented the second of its four-concert series at the Forestgate Presbyterian Church on Northgate Road on Jan. 21. Six of Dr. Michael Baron’s remarkably talented students took turns entertaining a crowd of about 125 with classical music played on an enormous grand piano provided by John Street. The acoustics and spacious comfortable seating in the church made the concert even more enjoyable.

Faith Lanctot, Jo’el Smith, Darla Mote, Lindsay Lohr, Josiah Hamill, and Brett Wheeler were the featured students. They played pieces by Bach, Brahms, Sibelius, Rachmaninoff, Poulenc, Schubert, Beethoven, and Schumann. While each delighted the audience with their virtuosity, the highlight of the evening was a duet by Lanctot and Lohr of "Chopsticks Theme and Variations" that appeared to be choreographed by Victor Borge and was punctuated by a hip check of Lanctot onto the floor by the minuscule Lohr.

The concluding duet of Gershwin’s "Rhapsody in Blue" played by Baron and Barbara Taylor, MCTN, was wonderful. Taylor is a local piano and voice instructor. Baron presents master classes and workshops across the United States and Europe.

Alliance Director Pam Brunson thanked the church, Street, and her fellow board members, Joanna Miller, Floyd Veatch, Colleen Abeyta, and Baron for their support of the series as well as sponsors Residence Inn, Pianos New & Used, the Street Family, and Bev Hemple Piano Tuning of Denver for their support.

The next concert, a solo recital by Baron is at 7 p.m. on Mar. 4 at the Forestgate Presbyterian Church on Northgate Road. The last concert is on Apr. 8 and will feature James Houlik on classical tenor sax, with accompaniment by Baron and jazz pianist Steve Barta. Additional information may be obtained at 487-1211 or rmma@adelphia.net.

The Monument Board of Trustees will hold hearings on the Promontory Pointe Annexation, Annexation Agreement, Rezoning, and Sketch Plan on Monday, Feb. 6, at 6:30 p.m. in the ground floor meeting area of the D-38 Headquarters Building, Second and Jefferson Streets. (Use the north door.) Info: 884-8017.

The Baptist Road Rural Transportation Authority (BRRTA) will hold a hearing on imposing a Public Improvement Fee, a temporary sales tax of 0.5 to 1.0 percent for 5 to 20 years within Authority boundaries, to privately finance Baptist Road I-25 interchange improvements.

The BRRTA meeting will be held at 2:30 p.m. on Friday, Feb. 10, in the third floor hearing room of the County Commissioners building, 27 E. Vermijo, in downtown Colorado Springs. Info: Conner Shepherd, BRRTA Project Manager, (303) 779-4525, connershepherd@cliftoncpa.com.

The Board of Trustees (BOT) rejected the proposed re-plat for the commercial portion of the Villages at Woodmoor development at Highway 105 and Knollwood Drive, due to changes in the alignment and number of commercial buildings from the previously approved master site plan. These changes were also questioned by members of the Planning Commission.

Town Manager Cathy Green noted that the scheduled public hearing for the annexation and sketch plan for Promontory Pointe was postponed to start the public notice cycle over again. She said the last of the four required advertisements of the hearing was inadvertently published 27 days prior to Jan. 3, rather than a minimum of 30 days as required by state statutes. The board unanimously approved a new resolution to hold the rescheduled BOT public hearing on Feb. 6 in the District 38 headquarters building ("Big Red") on the southeast corner of Jefferson and Second Streets.

The trustees elected four candidates to the Planning Commission, filling all the seats for the first time in many months. Trustee Travis Easton was absent.

Planning Commission Chair Ed Delaney said he is willing to provide information to any trustee or staff member on his experience as the trustee who chaired the committee that drafted the home rule charter ballot issue several years ago. Town staff had been asked by Mayor Byron Glenn to analyze the option of changing from statutory town status. Home rule status may offer some financial advantages if the town does away with enterprise fund status for water operations as the town’s water system approaches buildout.

Tim Schutz, attorney for the Kingswood Property Owners Association, asked if the board wanted to hear the association’s comments on Promontory Pointe. Glenn said he would prefer that Schutz wait until Feb. 6.

Tri-Lakes Chamber of Commerce President Steve Spry said he wants to build a digital electronic sign, measuring 76 square feet and 23 feet high, on chamber property on the east side of Highway 105 at Third Street. He asked the board to consider a "nonprofit" waiver to the town ordinance prohibiting any form of off-site billboard advertising. The sign would provide notices of Tri-Lakes activities about 80 percent of the time and would list the names of businesses helping to pay for the costs of the sign and its operation the rest of the time. Letter sizing and timing for messages would be designed for 35 mph traffic.

Names of contributing companies would be listed for about 15 seconds each cycle. A listing would cost $125 per month. Only the company names would be listed; there would be no advertising copy. Spry said that he would receive a 50-50 co-op grant from the national chamber association and that about 100 other chambers throughout the nation have similar electronic signs. The sign is expected to have an operational life of about 20 years. The listing of company names would cease after the sign is paid for, in the first five years.

Trustee Tommie Plank asked that Spry provide a copy of his proposed guidelines for soliciting local sponsors to the town when he makes a formal application for an ordinance change. Town Manager Cathy Green said the sign meets all other town commercial sign standards.

Four candidates were elected by the trustees to fill the vacant seat and the three seats with expiring terms. New candidates Tom Martin of Jackson Creek and Patricia Mettler of Pastimes spoke first, describing their qualifications and responding to trustee questions.

The three commissioners with expiring terms were Delaney, Larry Neddo, and Vice Chair Kathy Spence.

Plank noted that there were five candidates and only four positions to fill. Glenn suggested that the commissioners who had served for four years should not be reappointed automatically if there were new candidates available to replace them. The board decided to interview the commissioners with expiring terms.

Delaney and Spence, after noting that they hadn’t planned to make remarks, discussed their reasons for seeking reappointment and answered trustee questions. Neddo was not present at the BOT meeting. Director of Development Services Tom Kassawara noted that Neddo had attended all Commission meetings since Kassawara started work here. Town Clerk Scott Meszaros said that all the candidates were notified of this meeting. Green suggested that Neddo may have been out of town and may not have received the notification.

Delaney, Spence, Martin, and Mettler were elected by secret ballot. The four electees were immediately sworn in by Meszaros.

Green again noted that the agenda item for the hearings on the 117-acre Walters Ranch/Promontory Pointe parcel north of the intersection of Baptist Road and Gleneagle Drive had been canceled. The board unanimously approved a new resolution to again formally approve the applicant’s proposed sketch plan and annexation/rezoning request for consideration. The board concurred with Green’s recommendation that the public hearing for these two agenda items be held on Feb. 6.

The applicant is seeking annexation of the northern two-thirds of the parcel, approval of rezoning from rural to planned development, and approval of a sketch plan for the residential development of the entire property. The southern third of the parcel was annexed by the town 16 years ago under the name Vern Walters Ranch.

Schutz asked the board to help him obtain the zoning ordinance and annexation agreement for the previous annexation of the southern 39 acres of the Walters Ranch property, if they have not been lost. He thanked the staff for their unsuccessful efforts to date to find these documents. Glenn and Green said the county should have a copy of the annexation agreement. Schutz said that separate zoning ordinance documentation was required within 90 days of this annexation by state statutes at that time.

Schutz also asked for copies of all communications between the trustees and any representative of the developer of the site from 2005 to the present. Green said she had given him copies of her recent communications and would search her archives for older ones. She said she had also requested that each of the trustees provide her with any communication documents pertinent to Promontory Pointe to forward to Schutz. Shupp also asked the trustees to provide any pertinent documents to Green.

Glenn said that he has frequent meetings with Promontory Pointe planning consultant Terry Schooler and Duncan Bremer with regard to planning for the widening of Baptist Road. Glenn noted that Schooler is also a commissioner for the Colorado Department of Transportation (CDOT). Bremer, prior county commissioner for the region, is a local attorney who is representing the applicant. Glenn is currently chair of the Baptist Road Rural Transportation Authority.

Schooler and Bremer have helped coordinate the donation of adjacent Promontory Pointe land for Baptist Road right-of-way needed to widen the road near Gleneagle Drive. They have also participated in discussions led by Glenn regarding creation of the Public Improvement Fee that will finance interest payments on private bonds to fund the upgrade of the Baptist Road I-25 interchange until CDOT funds become available to pay off the bond principal.

Bremer lives on the south side of Baptist Road just west of the railroad tracks. His agricultural property will be directly affected by the BRRTA improvements to Baptist Road west of I-25, which include widening and a new bridge over the railroad tracks.

Background: Kassawara reviewed the history of the development. This parcel was originally called the Wahlborg Addition and was annexed and rezoned from county agricultural by the town at the request of local developer WED LLC in August 2004 after several Planning Commission and BOT hearings. It is located on the southeast corner of Highway 105 and Knollwood Drive.

The master site plan for the 140-acre parcel that was approved had four filings, three residential and one commercial. Some unique new residential zoning categories (R-A, R-B, R-C) were created through these documents, in part due to the very small lot sizes for single family homes in one of the residential filings. However, the new zoning categories and their definitions were never formally added to the town code.

The rezoning and master site plan documents, as well as the subsequently approved intergovernmental agreement for a metropolitan district within the parcel, were coordinated by former Town Planner Mike Davenport. He resigned shortly afterward, in December 2004. Kassawara was initially hired as the town engineer, and then took over current planning reviews from Green when she was promoted from town planner to town manager after Rick Sonnenburg resigned.

Kassawara required WED to make zoning updates and some clarifications to the master site plan in August 2005. The unique internal zoning designations were eliminated, and the entire parcel was converted to Monument’s new PD (planned development) zoning. The revisions were then approved by the BOT. Residential construction is now under way along the south end of Knollwood Drive.

Preliminary plat request: Midland Development Group of St. Louis, Mo., recently purchased the commercial portion of this development, Filing 4, from WED LLC. This filing is on the northwest corner of the parcel with frontages along the south side of Highway 105 and east side of Knollwood Drive. Midland proposed a change in the alignment and number of commercial buildings and requested corresponding minor adjustments to lot lines in its proposed preliminary plat. Kassawara said Midland’s proposed changes were minor and "very consistent" with the revised master site plan. There are no changes to the architectural design guidelines for the buildings.

Kassawara also noted he had suggested adding a right-in/right-out access between Knollwood and the originally approved access at the east end of the commercial filing on Highway 105, to improve internal vehicle circulation and reduce traffic on Knollwood. This access would be through an eliminated commercial lot. He said the additional access, 900 feet east of the Knollwood intersection, is not "essential" but would be helpful. This access was not on the submitted plat because CDOT had not yet approved it.

Plank said the plat looked very different from the plans she had seen before. Mertz said the staff would have to be careful of individual lot developers "going off on a tangent." Kassawara said that the narrow design standards for Filing 4 are similar to the tight restrictions in the architectural standards for Monument Marketplace.

Although the Planning Commission had unanimously recommended BOT approval of Midland’s preliminary plat at its meeting on Dec. 14, the commissioners who had participated in the original 2004 hearing expressed reservations about whether the proposed plat revisions were consistent with their recollection of the master site plan they had previously approved. Kassawara told the commissioners he believed the proposed building realignments were minor and sufficiently consistent with the revised master site plan. The commissioners did not have access to the master site plan to compare it to the proposed plat at the Dec. 14 hearing.

David Reif, Midland’s spokesman, said the purpose of the plat was to subdivide the individual commercial lots. All the buildings would be consistent with the previously approved architectural guidelines. No more than two drive-through fast-food restaurants would be constructed. He noted that WED was widening Highway 105 and Knollwood to provide new right turn lanes.

Reif said that he had received a letter from CDOT on Dec. 30 that denied the request for Kassawara’s proposed additional access from Highway 105, a major arterial. He said CDOT had initially indicated that it might accept a "right-in only" access, but had always opposed the "right-in/right-out only" proposal. State and county standards for major arterials restrict how close accesses and traffic lights can be to each other.

Trustee Gail Drumm asked that the Knollwood access to Filing 4 be widened to include separate outbound right and left turn lanes. The extra outbound lane would minimize stacking within the development by cars exiting the filing southbound, after Knollwood is extended to the west, past the current dead-end, to connect with Jackson Creek Parkway sometime in the future.

Reif said that the traffic study just completed by consultant LSC showed that levels of service at all accesses and adjacent road intersections would remain satisfactory with the planned improvements. The LSC study did not account for Kassawara’s proposed additional access. Reif said that the effect of the added Highway 105 access could be included in another traffic study at the time of final site plan approval for the filing, if CDOT withdraws its opposition.

There were no citizen comments during the open portion of the public hearing. There were four written citizen comments in opposition, primarily stating that their existing toxic dust problems from the current residential construction on the development would become worse with new construction on this commercial filing.

Trustee Tim Miller asked Kassawara if the plat was in the best interest of Monument. Kassawara replied that it would create useful retail space to the east side of I-25 on Highway 105 and would not harm the existing businesses in the area.

Glenn said he had a "big issue" with the plat because it was "not in conformance" with the master site plan "in my opinion." He added that the board needed "to stop it now" unless the plans are changed to follow the original intent of the board. If the board approved the proposed plat, Glenn feared that they would lose the ability to control future changes once the individual lots were sold by Midland. He said that the changes would lead to the creation of a strip mall that would be far less attractive than the original concept, lacking a "community feel" with views, open spaces, pathways, and other amenities that would be "user friendly." Glenn asked that the board see Midland’s proposed amendment to the master site plan before approving the preliminary plat to make sure they match. There was immediate consensus by the trustees.

All recent annexation and rezoning requests–except for the Wahlborg addition and the Monument Ridge development on Baptist Road opposite King Soopers–have been accompanied by concurrent approvals of final plats and final PD site plans. All these documents, as well as related subdivision improvement agreements, were typically approved in a single hearing by the Planning Commission and BOT.

Kassawara said the original design in the 2004 master site plan needed circulation improvements and had created a hidden lot at the corner of Knollwood and Highway 105. These issues required the minor changes he had approved administratively. Reif agreed with Kassawara about the flaws in the original master site plan, and said no one would occupy some of the buildings as they were originally depicted on the master site plan. Mertz said he had chaired the Planning Commission during the lengthy review in 2004 that ensured a quality commercial development that met town needs on this site. He said, "We want the original concept."

Green added that it was reasonable for the board to require Reif to submit an amended preliminary site plan for the filing concurrently with the revised preliminary plat. She advised Reif that the board typically only sees shopping center proposals, such as Monument Marketplace, where the stores are built in compliance with approved PD design guidelines and then leased to tenants by a single development owner. This is a very different concept than selling individual vacant lots to a number of business owners.

Reif said he and his co-owners in Midland had already purchased the "very expensive site" from WED after the Planning Commission had unanimously approved his plat, assuming the town agreed to his revised concept in the site plan. Glenn said WED should have disclosed the need for Reif to comply with the master site plan at closing. Reif said WED had not made that disclosure.

In most recent town annexations, developers have not closed on a property until their plat and PD site plans have been approved by the BOT.

Reif said it was better to avoid an unexpected BOT denial of the plat by withdrawing the proposed plat, when Glenn asked if he wanted to withdraw his proposal. Reif said he needed to be sure what the board was expecting before he could make another proposal and the delay would prevent him from closing any sales of the individual commercial lots. He said he had given the town a revised sketch site plan for the filing a month ago but it was not seen by the Planning Commission. Glenn said that while Reif might not be able to sell his lots right away, there would be no delay in the final approval of his development.

There was a 45-minute discussion with the trustees and Reif standing around the table examining several large pages from the original master site plan and the proposed plat. They discussed a number of technical details on the original master site plan and the proposed plat. Conversations within the group about details in the drawings made it difficult for the audience to hear what was being said and agreed to by the participants. Reif indicated that he had a better understanding of the board’s preferences.

Several options were proposed to expedite a re-hearing but they were determined to be unworkable due to procedural or advertising/posting requirements. The plat was tentatively scheduled for another hearing at the regular Planning Commission meeting in March after the staff has worked with Reif on a new plat and site plan for the filing, as well as the building elevations and landscaping plans Glenn also required of Midland. No date has been set for another BOT hearing. A motion to continue the preliminary plat proposal passed unanimously.

The board unanimously approved an ordinance accepting a revision of Mountain View Electric Association’s rules and regulations in their franchise agreement with the town.

The board unanimously approved the annual resolution that again designates the two public posting places for the public notices of town meetings. They are Town Hall and the Post Office on Third Street. Meszaros said he is working on an upgrade to the town’s Web site that would allow for prompt posting of meetings and agendas as well.

The board unanimously approved the annual resolution to renew the town’s contract with the Humane Society of the Pikes Peak Region for animal control and pet licensing services. There was no increase in the cost of the contract, which remained at $8,500.

The board unanimously approved a resolution finding that the petition for annexation for the remainder of the Promontory Pointe parcel is in substantial compliance with state statutes. The resolution also set the public hearing "at or after 6:30 p.m. on Sept. 6 in Town Hall." Green said that the staff is also looking at changing the wording in the notices sent to adjacent landowners to say that they can review the documentation that the town has regarding a proposed development in Town Hall. The purpose of the change in wording is to not mislead citizens on what may actually be available for pick-up at various times before a hearing.

The board unanimously approved a resolution "accepting the Centura Health Employee Assistance Plan for the Town of Monument Employees effective Jan. 1, 2006." The plan will cost $45 each for 25 employees, a total of $1,575. There is no cost to the employees for using the plan.

Treasurer Pamela Smith suggested that the town change its policy on publishing 20 copies of the 39-page financial reports from monthly to quarterly to save money on copying costs. Smith will continue to provide the monthly summaries she has been attaching to the in-depth report of every transaction for every line item. The board unanimously approved a motion to accept her recommendation and also unanimously approved the full-detail 50-page November financial report.

Town Attorney Gary Shupp said he had no items to report.

Green reviewed the completion of nearly all of the trustees’ goals for 2004 and 2005 and asked when the board wanted to hold a retreat to update them. Glenn suggested that the retreat should be held after the election in April. The other trustees agreed.

The board renewed all current appointments for town representatives to other boards: Glenn and Mertz, Baptist Road Rural Transportation Authority; Glenn and Orten, Pikes Peak Area Council of Governments; Drumm, Regional Building Department.

The board unanimously approved a motion to go into executive session to discuss real estate negotiations at 8:49 p.m. No actions were taken or announcements made after the board returned to public session to adjourn.

The Monument Board of Trustees (BOT) approved a proclamation of George Kruse Day and held hearings on seven ordinances and three resolutions during a heavily attended five-hour meeting on Jan. 17.

St. Peter Church withdrew a rezoning request after a motion to deny it was narrowly defeated. The board approved a preliminary plat and final PD site plan for Carriage Pointe West. All the trustees rejected a sketch PD Plan for the Lake of the Rockies. All trustees were present.

Trustee Tim Miller asked for an update on his previous request for an overview of "issues" relating to town parks. Director of Development Services Tom Kassawara said he could show Miller where the parks are on a map after the meeting, but he was unaware of any issues. Trustee Dave Mertz gave Miller a copy of the town’s November 2003 Parks, Trails, and Open Space Master Plan, which Mertz helped develop while serving as chair of the Planning Commission.

Mayor Byron Glenn gave a status report on the upgrade plans of the Baptist Road Rural Transportation Authority (BRRTA). The engineering design, review, and approval process is about 85 percent complete and should be done in early June. The current cost estimate for the Colorado Department of Transportation (CDOT) improvements for the I-25 interchange is now $16 million for engineering, construction, and a large contingency fund. This amount is dependent on donations of all needed right-of-way by affected property owners, all of whom would directly benefit from improvements.

Glenn noted that the Pikes Peak Area Council of Governments (PPACG) has slightly lowered the priority for Exit 158 improvements because the needed road improvements between Fort Carson and the Colorado Springs Airport have become the highest priority until completion. There are no CDOT funds available for the interchange.

Despite that, Glenn said BRRTA is working with local retail merchants to voluntarily participate in a Public Improvement Fee (PIF) of ½ to 1 percent on all taxable goods they sell. The PIF revenue would go to BRRTA and pay for interest on private bonds that would finance construction of the interchange. Once PPACG makes the interchange a top priority and CDOT can give the needed funds to BRRTA to pay off the bond principal, the PIF would go away.

BRRTA has hired a marketing professional to do an absorption study and market analysis to determine how rapidly retail businesses will grow in the region and how much revenue can be generated for different PIF rates. A bond attorney has been selected to work with Piper Jaffrey, the financial services firm that would issue the bonds.

Glenn said Wal-Mart has indicated that it could not accept a PIF of more than ½ percent because it believes people would drive to the Academy Boulevard store if the fee were higher. If the study shows that the PIF needs to be over 1 percent, BRRTA will be forced to initiate a November ballot issue to create a 1 percent sales tax within its boundaries or abandon the interchange improvement plan altogether. Glenn said the BRRTA board is hoping that a PIF of 0.65 percent is enough to pay the private bond interest and that Wal-Mart will join the process once the other merchants agree to it.

Glenn used a large map to show the boundaries for the needed right-of-way donations and the new roadway. He said BRRTA is still negotiating with landowner Phoenix Bell to donate enough land in their commercial lot to the west of the Diamond Shamrock station for a short public right-of-way onto Baptist Road. This planned public right-of-way would be the only southern access for all the vacant land north of Baptist Road, between I-25 and the Santa Fe Trail.

Glenn said that once all the required right-of-way "donations are in hand" and the PIF financing is finalized by the end of March, CDOT will ask the Corps of Engineers to initiate a three-month mouse mitigation study. This study should be completed in June about the same time the engineering plans are completed. At that time, BRRTA will ask PPACG to add the Baptist Road interchange to the 2007-2012 State Transportation Improvement Plan. This listing will allow BRRTA to get a lower interest rate on the private bonds to finance the interchange improvements.

CDOT cannot fund the interchange until PPACG lists it on the State Transportation Improvement Plan. CDOT may be able to pay for the improvements by 2012 if they are listed. A CDOT payment of the principle would eliminate the interest payments for the bonds, and the PIF would go away, perhaps within five years. If there is no CDOT funding, the PIF would pay off the private bonds in 20 years.

Resident Chuck Roberts thanked the town for the agenda item to establish a George Kruse Day, noting that the late Kruse’s dream was the creation of senior housing within the town. Roberts, who serves in church and local charity organization programs for seniors, formally announced a public meeting in Town Hall on Jan. 26 for Tri-Lakes-area seniors to provide comments to facility designer Tim Irish on what they would like to see in senior housing.

Roberts invited the trustees to attend, to hear comments firsthand. Town Manager Cathy Green said she would post this as a public BOT meeting, so that three or more trustees could attend the meeting in accordance with state laws.

There was no citizen comment for or against any of these five ordinances during the public participation portion of the open hearing. The following were unanimously approved:

The church requested that all its property be rezoned from residential (R-2, half-acre single family homes) to downtown business (B). The property is south of Second Street, between Jefferson and Washington Streets. A motion to deny the request was narrowly defeated, but the request was ultimately withdrawn for further revamping.

Recent expansions included construction of a large parking lot at the north end of the parcel and a parish educational facility on Washington Street. This facility was only approved for adult and youth group religious classes because of the narrow streets and lack of parking and sidewalks in the surrounding residential community. However, the church soon converted it to a parochial elementary school without notifying the town. Since then, some trustees and commissioners have been reluctant togive up any control over future expansions or new uses by the church. However, the school use was later approved by the town. The church has continued to add grades since then and plans to add more.

An alternately fascinating and frustrating discussion revealed the trustees’ inability to control the parcel if it granted the rezoning request due to the current limits of the town’s zoning ordinances. All the church’s public buildings have been approved in the R-2 zone via a "use by special review" process. The residential zoning requires the church to have any future changes in use or expansions on its property reviewed by the Planning Commission and BOT. If rezoned to business, any minor changes or expansions in the future would only be reviewed by the staff for administrative approval.

The church requested the rezoning to avoid the delays and expenses it must incur under the current zoning for any future school building expansions, even though they are a consistent use. Under R-2 zoning, the Planning Commission and BOT would also review an expansion of the church or construction of any new building.

Town code allows a change in zoning if any of these three criteria are met: The property must be rezoned to be brought into compliance with the town’s comprehensive plan, the property was previously zoned in error, or the surrounding area has experienced substantial and unexpected change.

Kassawara said the area to the north of the church’s large parking lot has become more business oriented. There has been no significant recent change in the single-family homes to the south and west or in the District 38 school buildings to the east, other than a renovation of the "Big Red" headquarters building (not an expansion or a change in use.)

Architect Brian Bucher, a parishioner, represented the church. He noted that future plans to expand the school and perhaps the church building would "focus its campus inward, away from the adjacent residential neighborhood." In a separate action, unrelated to this rezoning request, the church will ask that the alley between the education facility and church be vacated by a plat amendment in line with this campus concept. Bucher also noted that the town suggested the rezoning in 2004 when the school expansion was approved and the Planning Commission unanimously approved the rezoning request (on Dec. 14).

As in the Planning Commission hearing, no citizens spoke for or against the rezoning during the public participation portion of the hearing, even though most of the citizens at both meetings were there to support the church’s request.

Glenn asked if a traffic study had been performed for B zoning or for any future planned expansions. Bucher replied that the church’s traffic and drainage consultants said there would be no change in use and no effect on the town.

Glenn said that the church is not really a business and there is no master site plan. If the church sold the property to a commercial buyer after it was rezoned to business, the town would have no control over its future commercial development to protect the adjacent homeowners. Bucher noted that an unofficial church property master plan was given to the town about seven years ago.

Mertz noted that the "use by special review" process under the current residential zoning gives the town a way to review and control future expansion and new uses. He said that all the public buildings are actually next to homes rather than businesses and that all the vacant land near the church property would also be developed as residential, not business.

Trustee Tommie Plank, who lives next to the educational facility, asked what the church’s plans were for the three houses on the property. Bucher said small group meetings are held in two houses and the other is rented. There is no plan at this time to eliminate them or to build more houses.

Kassawara said the town has no community facility zoning that would be more applicable to a church. Church uses would be "permitted by right" with business zoning, rather than "permitted by special use" with residential zoning. He said he believes business zoning is more logical than residential for the intended use. Town Attorney Gary Shupp noted that the board could not place conditions limiting future land use or ownership if it approved a rezoning to business.

Green said that if the property stays residential, the town could place conditions on future changes "permitted by special use." On the other hand, the town could not require the church to submit a landscaping plan as a part of an expansion request if the R-2 zoning is retained, but could require a plan if rezoned to business.

Green said that the town could create community facility zoning through a new ordinance, but it would take months to draft the wording, approve the ordinance, and then hold new zoning hearings by the Planning Commission and BOT. Shupp said there was no legal requirement to write a new ordinance for a new type of zoning because churches are allowed in any zone.

Bucher offered to replat the property into a single "unified" plat if it was rezoned to business, so that selling a piece in the future would require BOT review of the required future replat request. However, the board would still not see any church expansion plans due to B zoning regardless of the unified plat. Trustee Frank Orten asked how a unified business plat would affect the three houses. Shupp said that the three homes would become pre-existing non-conforming uses if the plat were unified.

Kassawara said that if all the individual lots within the property were eliminated by Bucher’s unified replat proposal, the church still could not build a liquor or convenience store on the property under business zoning without BOT approval. He noted that there is no mention of master site plans in the business zoning ordinance.

Plank made a motion to deny the request; Mertz seconded. Plank said the members of the board have changed since the education facility was approved and some trustees have "discomfort" with what the church may want to do. Glenn supported the motion to deny approval of the rezoning, and said he didn’t want the town to be "stuck in the future. Our responsibility is to be consistent with other developers."

Trustee Gail Drumm said he was only concerned about the property being sold to a commercial developer and was grateful the town could use the church parking lot for parades and other town events.

Green suggested tabling the motion so that the church could consider seeking Planned Development (PD) rezoning with a PD master site plan for greater town control. Planning Commissioner Lowell Morgan asked if a request for PD rezoning would have to be accompanied by the PD master site plan. Green said no, but a PD master site plan would be required before any expansion or new construction would be considered by the town after PD rezoning was approved. Kassawara said a PD rezoning request would require starting the hearing process over again.

Miller asked if a new hearing would be required if the town created the suggested new zoning category called community facility zoning. Shupp said it would take at least 60 days to pass the new zoning ordinance. New hearings with the Planning Commission and BOT would be required after that.

Shupp also noted that the church could not bring back a request for business rezoning for a minimum of one year if the motion to deny business rezoning was approved. Glenn asked Bucher if he wanted to withdraw the request and seek PD zoning with a master plan. He said no.

The motion to deny the rezoning request failed by vote of (3-4). Glenn, Mertz, and Plank voted to deny. Drumm, Travis Easton, Miller, and Orten opposed the denial.

During further lengthy discussion, Drumm made a motion to table the business rezoning request; Easton seconded. During discussion on that motion, Green said that the types of zoning questions raised by the trustees are typical for churches, hospitals, and community colleges in residential zones and called the problem "institutional creep." The motion to table was later withdrawn when a date could not be agreed upon for another hearing on this proposal.

After more discussion, Glenn and Green suggested that the church withdraw the proposal, and come back with a request for one of the three following options:

Glenn also noted that the membership of the BOT might change again after the April election.

Bucher withdrew the application after noting that the church had no plan to "abandon the property and build a strip mall." He said he wanted to ensure that there was plenty of time for the church and staff to resolve all the trustees’ issues before he returns with a new rezoning request.

Kassawara described the Classic Homes single-family patio home community proposal. The new development will have 39 lots on 12.55 acres, a density of just over three houses per acre. There is a single entrance at the intersection of Lyons Tail Road and Lacuna Drive, adjacent to Classic’s existing Carriages at Jackson Creek development to the east. The two developments will be connected by an extension of Whistler Creek Court, which will be the secondary access for emergency vehicles. Each of the streets for internal circulation will have a 50-foot right-of-way. Kassawara recommended no conditions for the plat.

Preliminary Plat approved: Land Planner John Maynard, of NES. Inc. said Classic would offer the same product line of homes in the new development. Each lot has been designed for a specific "Carriage Park" series model. The new Classic development is also zoned PRD-10, which would have allowed Classic to build over three times as many dwelling units in both locations. Mertz praised Classic for the "laudable" low density in both developments.

Glenn asked for a condition on the plat for creation of a landscaping easement for all the rear lots facing Baptist Road, to prevent homeowners from removing the buffer to make their backyards larger. Maynard agreed to the condition, noting that the buyer profile is for purchasers who don’t want to maintain a large backyard. Maynard and Kassawara noted that these lots are deeper than the others to provide a buffer for Baptist. Due to the steep slope at the southern property line, additional screening by a fence is not possible. (At its Jan. 25 meeting, the Triview Metropolitan District board agreed to maintain the vegetation and supply irrigation.)

During the public participation portion of the plat hearing, Carriages at Jackson Creek resident Bill Weaver asked if there was a master traffic plan for Jackson Creek. Glenn said, "The Regency Park Master Plan includes a master traffic plan for the whole area." Kassawara noted that Classic’s traffic study was part of the application. It shows no degradation in the level of service at nearby major intersections due to the additional 39 homes.

The ordinance for the Preliminary Plat and landscaping easement condition passed unanimously.

Final PD Site Plan approved: Kassawara pointed out the features recommended by the staff that Classic had already agreed to.

Site visibility for property owners in the Carriages at Jackson Creek development to the east will be protected by lowering the grade of the lots on the east side of Carriage Point West. "There will be roofs" where there were fields, but they won’t block the view of the mountains "in any great amount. All the new homes will be one story."

Classic agreed to cut the area that is sod on each lot in half and install more drought-tolerant vegetation on each lot.

Classic agreed to increase the rear setbacks for all new lots adjacent to the Carriages at Jackson Creek development. There is now a minimum of 60 feet of separation between new and existing homes, much more than typical for a patio home development.

Kassawara recommended three conditions for the site plan:

Kassawara said written comments other than "don’t build" included concerns about views and creation of a pocket park on one of the home lots. He said there is no active park in the development because it is designed for owners who do not usually have small children living in their homes. He added that there is a children’s park by Creekside Middle School and one in Settler’s Ridge, but there are no large parks currently being planned by Triview or Vision Development due to mouse habitat constraints. Triview may build and maintain some pocket parks in some future Jackson Creek neighborhoods. If the BOT decides to require a residential lot be dedicated as a park as a condition of approval, Kassawara asked that the condition include the phrase "subject to Triview Metropolitan District approval and agreement to maintain it."

Glenn said he was initiating a new step in the town’s hearing process by asking trustees if they had any financial interest or benefit in this development proposal. None were noted.

Maynard agreed to Kassawara’s three conditions but not to converting Lot 39 to a park. He noted he had designed the park next to Creekside Middle School and pointed out it was built in "a larger Classic development with more homes and a different buyer profile." He said that the Carriage Point West development was too small to justify an active park. Maynard noted the planned owner profile might call for a passive park in a large community, but most Carriages owners will prefer to sit on their patios rather than a nearby park bench. He said that Triview was not aware of the Planning Commission recommendation for a park on Lot 39 "until today."

Mertz again complimented Classic on the overall design of the plan, but said that there has been a problem getting parks in Jackson Creek. He said that all applicants say their development is "not big enough to justify a park." Triview and Vision Development have done nothing to develop a regional park. "I’m tired of it. It’s been a pet peeve of mine since 1999." He said it did not have to be a playground, just a park bench for people who like to walk and take a break. Mertz quoted a statement from Classic’s summary attached to the site plan that said, "Recreational opportunities are prevalent in and around the site." Mertz said to Maynard, "That really is a false statement."

Miller asked how many kids would live in the two developments. Maynard said he didn’t have that specific information.

Drumm asked how high above ground level the floor in the homes would be. Maynard said the homes would have full 10-foot basements with standard excavation depths, and they would not be "perched homes." He said that there are no water table problems on the parcel that would require a shallow foundation. Kassawara said the slope of the land would not support a raised ranch configuration.

Glenn said the slope would help avoid drainage problems except where lots 15 and 16 drain into lot 14. Kassawara said he had addressed this problem and had required an amended lot-to-lot drainage plan and a final "as-built" drainage survey, paid for by Classic. This will be a new town policy for future developments as well.

Glenn asked that Classic’s drainage plans be coordinated with BRRTA’s engineering consultant PBS&J. He noted that some people who live next to parks don’t like them.

No citizens spoke in favor or opposition. Two residents of Carriages at Jackson Creek asked questions during public participation.

Rick Mack said he had surveyed each of the 23 existing homes in his development and found that nine homeowners have children or grandchildren living with them, three other homes have teenagers, and six others have frequent visits by small children or grandchildren. Mack asked whether the views of any of the existing homes would be blocked. Kassawara said, "Not substantially."

Frank Yarberry noted that the new retaining wall on the east end of the new construction would require rerouting of his rear landscape drainage. Kassawara said he had followed up on Yarberry’s same comment at the Planning Commission hearing and had told Classic’s drainage engineer that he needed to provide a solution for Yarberry. Kassawara assured Yarberry that his drainage "will be rerouted so it works."

In rebuttal, Maynard said Classic was in favor of large ball field regional parks and that he had helped design the Jackson Creek "field of dreams" that was eliminated when the Preble’s mouse was classified as an endangered species. He said that the two Carriages developments were separate proposals because of land purchase problems, not because Classic wanted to avoid building a pocket park. Glenn said he believed people in the existing Carriages development "would be hard-pressed" to walk to a pocket park in the new development.

Drumm noted that citizen interest in maintenance of neighborhood parks or trails by HOAs in other developments have dwindled over time. This pattern of neglect resulted in citizen complaints that forced the town to take over their care.

Shupp said it would be difficult to force Classic to convert Lot 39 to a park if the area meets open-space requirements. Kassawara concurred and said that Jackson Creek and Regency Park already meet Triview’s master plan requirement for open space.

Miller made a motion for an amendment to the site plan requiring Classic to dedicate a residential lot for a park; Mertz seconded. The amendment was defeated by a vote of 2-5, with only Miller and Mertz in favor. A motion approving the ordinance for the site plan and the three conditions that Maynard had agreed to passed (5-2), with Miller and Mertz opposed.

Glenn started the discussion by saying that the trustees would not have to vote on the plan; they could choose to only provide recommendations.

The proposed sketch plan was largely unchanged from the proposal that was unanimously rejected by the Planning Commission on Dec. 14. The commissioners were opposed primarily due to its high density and the limited amount of legally available groundwater under the parcel. They also thought the proposed new houses would increase the current isolation of the public from the lake.

Landowner BK-LOR, LLC proposes to convert the Lake of the Rockies parcel from a campground to residential by applying for a "use by special review" under the existing Planned Commercial Development zoning. Kassawara pointed out the changes in the proposal since the Planning Commission hearing.

The town’s water engineer revised his original estimate of the available water supply from 206 to 196 taps. The size of the lots immediately adjacent to the West Oak Ridge subdivision was increased, to adjust for not having as many taps. Adjacent residents of West Oak Ridge had complained about the density of the entire proposal and the lack of transition to their larger R-2 lots. Elsewhere, the densities of four to six houses per acre were unchanged.

Town water consultant Bruce Lytle of Lytle Water Solutions, LLC, reported on Jan. 6 that the total available water is now 98.2 acre-feet per year due to the change in size of the parcel; it has been increased by the addition of 3.1 acres and is now 70.1 acres. Ordinarily this would authorize 196 taps at the 0.5 acre-feet per year rate for small downtown residential lots.

However, Lytle advised the town that the three large lots proposed for the 8.15-acre lots, which are just west of the Monument Lake dam, should be allocated 1.0 acre-feet per year, twice as much as a small urban lot, so that the landowners would not exceed their use limit. This exception would reduce the maximum number of available taps to 194, if adopted.

Lytle also pointed out in his Jan. 6 letter that none of the water under the property in the Denver aquifer had ever been adjudicated in water court and could not be used by the town, further limiting the available water supply to the parcel.

Kassawara said the applicant has now proposed to provide a wider right-of-way for a boulevard from the main entrance on Mitchell Avenue. This east-west road through the center of the parcel would serve as a replacement for the existing "park lane" access to the lake along the northern fenced boundary of the campground. In the latest proposal, a second north-south road along the lake was added at the west end of the main access boulevard. Both new roads would have parking for visitors. Kassawara noted that the originally proposed ¾-acre open space at the end of this main east-west access was not reduced in size to make room for the additional roadway.

The park lane category was created as part of a lakefront property land swap that was negotiated by former mayor Betty Konarski and campground owner Ernie Biggs several years ago. This park lane is actually a dirt driveway that is still the only public access to the lake. It did not meet any existing town code roadway designation standards when created, so the park lane category was created to make it a legal access. It is narrow, with a 180-degree switchback and a sharp 90-degree turn that both preclude visibility to oncoming traffic. Kassawara said the park lane access is "putrid. It’s really bad, it’s very steep, and not graded well."

Kassawara said the increase in population near Front Street might provide a larger geographic base for downtown retail development. It might also help the town obtain a downtown commuter rail stop when the coal and freight train operations are rerouted to a new rail line to the east of town. He said the applicant believes the younger potential buyers of the more affordable homes on the north end of the Lake of the Rockies parcel would walk across the railroad tracks to Front Street stores on a sidewalk to be built by the developer. They would also commute to work on Second Street past downtown specialty shops, new restaurants, cafes, and art galleries—further increasing the potential downtown customer base.

The added 3.1 acres is located between the railroad tracks and Mitchell Avenue, just south of Second Street. It is one of the parcels that the town had originally considered purchasing from the railroad for expanding Limbach Park.

The applicant suggested that the town use it for stormwater detention and a northbound deceleration lane for Mitchell Avenue. The long deceleration right-turn lane would "stack" an increased number of northbound cars wanting to turn right onto Second Street during routine freight train passages.

There would also be new deceleration lanes on southbound Mitchell Avenue for both of the development’s accesses as well as new left-turn lanes to prevent stoppages of northbound traffic.

Kassawara listed two recommended conditions of approval for the sketch plan. He said the applicant should rezone the property to PD and concurrently submit a preliminary PD site plan. PD zoning more closely conforms to the intended downtown land use for this parcel in the town’s comprehensive plan. He also said the applicant has to provide a more detailed traffic study with the preliminary PD site plan.

Kassawara noted that there were 35 written comments: 29 against, 1 "absolutely against," 3 for, and 2 "no opinion—not enough information provided." Many of the comments against were several pages in length.

Tim Seibert of NES Inc. spoke for the applicant. He gave the same PowerPoint presentation he gave at the Planning Commission and included the updates noted by Kassawara.

Several town and county residents who live next to the property or Monument Lake spoke in opposition during a lengthy public participation period. Their complaints, often passionate, were:

In rebuttal, Seibert said he had designed successful downtown renovation plans and this plan had the right location and mix of housing to improve downtown sales tax revenues. He said he had talked to Union Pacific, and they told him there are four to six train crossings from 6 a.m. to 8 a.m.

The trustees generally concurred with many of the comments in opposition, while acknowledging that the landowner had a right to develop the commercial parcel. Most would prefer that there be some commercial on the property to generate sales tax revenue. Seibert said there is not enough traffic on Mitchell Avenue to support any business on the property.

Miller said he didn’t know there was a lake there until he read the proposal because of the existing development and wondered why the board even considered the proposal after unanimous denial by the Planning Commission. Drumm said that the lake "is in a hole" and couldn’t be seen from Mitchell Avenue or downtown. It would not be visible from most of the proposed new houses on the parcel even if they were approved. Glenn said the parcel’s two accesses on Mitchell Avenue were too close together for such a major road.

After the other trustees expressed their many concerns, Glenn said he would rather not have the board vote on the proposal since only comments are required for a sketch plan.

In other matters, the board unanimously approved:

The board unanimously approved a new liquor license for Casa Diego’s restaurant at 1455 Cipriani Loop, in the new Tuscan Hills Center just west of Knollwood Drive. There were no citizen or trustee comments. Owners Walter and Marie Terrones said the restaurant will specialize in authentic homemade Mexican meals.

The board unanimously approved a payment of $17,500 for Task Two of the town’s Stormwater Master Plan.

The meeting adjourned after staff reports at 11:15 p.m. The next meeting of the Monument Board of Trustees will be Feb. 6 at 6:30 p.m., at the Learning Center at Lewis-Palmer Administration Building, 2nd and Jefferson. The location for this session was changed due to a large audience expected for the Promontory Pointe annexation hearing. For information, phone 884-8017.

Below: At the Monument Planning Commission hearing Jan. 11, Dave Hammers describes construction materials planned for the clock tower at the Timbers at Monument development. Commissioners pictured are (L to R) Vince Hamm, Tim Martin, Patricia Mettler, and Kathy Spence. Photo by Jim Kendrick

Click here or on the photo to zoom in and view or download the Timbers plans

By Jim Kendrick

The Monument Planning Commission approved the revised Preliminary Plat and Preliminary PD Site Plan for the Timbers at Monument commercial and retail development on the west side of Jackson Creek Parkway, south of the Home Depot store. This was the first meeting for newly appointed commissioners Patricia Mettler and Tom Martin. Ed Delaney and Kathy Spence were unanimously re-appointed Chair and Vice Chair. Commissioner Carl Armijo was absent.

Director of Development Services Tom Kassawara reviewed the commissioners’ powers and duties listed in Chapter 2.40 of the town code. Their appointments are for two years.

Kassawara noted that the commissioners perform the initial reviews of planned developments and make recommendations to the Board of Trustees (BOT) on whether to approve the plans. The commission may also recommend conditions of approval to the BOT in addition to those suggested by the town staff.

The commission may also review changes to previously approved development plans and plats that are considered by the staff to be more than minor in nature. The staff can give administrative approval to minor changes without review by the commission or the BOT.

Kassawara said that for heavily attended hearings, the commissioners may enforce a time limit of three minutes for each citizen’s comments in order to keep the public comment portion of public hearings moving and to limit redundant comments. He added that citizens are allowed to speak only once, and only during the public participation phase. There is no requirement in the town code to allow citizens to make rebuttals. He noted that a citizen had complained at a recent BOT meeting about not being able to rebut a developer’s rebuttal to citizen comments at a Planning Commission hearing.

Kassawara said the staff’s role in supporting the commissioners is to provide facts, technical judgments, and guidance on ordinances. The commissioners’ job is to make recommendation decisions, based on the facts of the proposal, town ordinances and policies, their judgment on proposed land use, density, future growth, and the ability to provide required services to the development. Evaluating design guidelines and subdivision improvement agreements, as well as plats and site plans, are also part of their responsibilities. Commissioners should deny proposals with care; property owners have a right to build on their land. Minutes of the Planning Commission hearings on each development are provided to the trustees when the BOT holds their hearing on the proposal.

Kassawara said there might be disagreements among the commissioners, but they should each speak their mind, make their own decision based on the facts, and not take differences personally. He also noted that the BOT might differ on a project as well, noting unanimous rejection of the Wahlborg re-plat on Jan. 3 after a unanimous approval by the commission on Dec. 14. He said the commission would review the revised Wahlborg plat for the commercial filing again, as well as the new site plan, in March. "The developer was not happy, but the system works."

Kassawara also pointed out that the BOT recently delegated referrals from the county to the commission. Referrals ask for the town’s comments on adjacent county development proposals.

Shupp advised the commissioners that their role in annexation and development hearings is quasi-judicial. The applicant has the burden of proof to show their plans meet public needs and comply with the town code. The developer and landowner have a legal right of rebuttal. He said that zoning reviews are legislative in nature. He urged the commissioners to avoid contact with applicants outside of the hearing process and the appearance of a conflict of interest.

Kassawara reviewed the facts and history of the Timbers development for the new commissioners. The land is owned by two companies A.D.K. Developers, LLC of Colorado Springs and Phoenix Bell Associates of Tucson, AZ. The land planner and developer is Dave Hammers of Hammers Construction. The engineering consultant for Hammers at town hearings is Trustee Travis Easton, a civil engineer employed by Nolte Associates, Inc. of Colorado Springs.

The 73.5-acre L-shaped Timbers parcel is bounded by Monument Marketplace to the north, Jackson Creek Parkway to the east, Baptist Road to the southeast, the Watt parcel to the southwest, and Struthers Road to the west. The Timbers property "wraps around" the north and east side of the Watt parcel, the current location of Foxworth-Galbraith. The southeast portion of the parcel is unusable due to Jackson Creek drainage, a floodplain, and Preble’s mouse habitat; the unusable area is clearly depicted on the plat and site plan. Hammers added a trail to the plat between this unusable area and Timbers Boulevard in response to Vision Development’s Rick Blevins’ request at the Dec. 14 Planning Commission hearing. The trail connects Baptist Road to Lyons Tail Road and will be maintained by Hammers.

Hammers proposed to subdivide its parcel into four commercial and retail lots and build up to 352,000 square feet of space. There are four interior private road segments and accesses to Baptist Road and Jackson Creek Parkway.

Timbers Boulevard intersects Baptist Road roughly 300 feet east of Watt’s parcel, and extends north, then northwest around the northeast corner of the Watt parcel, to a circle. Another segment of Timbers Boulevard extends northeast from this circle to intersect Jackson Creek Parkway at the common boundary with the Marketplace, by Rowdao Drive. A road called Lodgepole Ridge Heights extends west from the circle. It intersects Breezy Pine View, a new road parallel to I-25 at the west end of the Timbers parcel. Breezy Pine View replaces Struthers Road within the Timbers parcel.

There will be left-turn and right-turn lanes from Jackson Creek Parkway onto Timbers Boulevard and an acceleration lane for right turns from the boulevard onto southbound Jackson Creek Parkway.

There are eight lanes planned at the intersection of Timbers Boulevard and Baptist Road, though only two lanes can connect to the existing bridge over I-25. On westbound Baptist Road, there will be a dedicated "right lane must turn right" lane between Jackson Creek Parkway and Timbers Boulevard. There will also be a "right-out only" acceleration lane from Timbers Boulevard onto westbound Baptist Road, leading directly to the right lane of the two-lane on-ramp for northbound I-25. In addition, there are three other westbound through lanes, three eastbound through lanes, plus a left-turn lane from eastbound Baptist to northbound Timbers Boulevard at this intersection. There is no traffic signal planned at this intersection because the new intersection is too close to the existing Jackson Creek Parkway traffic signal to meet county standards for a major arterial of at least a half-mile spacing.

No announcement has been made on how Baptist will be temporarily configured before the new bridge over I-25 is installed. The grade of the new bridge is 7 to 8 feet higher than the current bridge and some portion of the widening by the Timbers main entrance may have to be a temporary road. The old bridge is only two lanes wide with no left turn lane. The preliminary site plan shows two westbound and two eastbound through lanes and a westbound left turn lane leading to the old bridge.

The proposal was continued at the end of the hearing at the Dec. 14 Planning Commission meeting to give Hammers more time to resolve cross-access issues with Monument Marketplace to the north and Mike Watt’s Higby Subdivision development to the southwest.

Background: Kassawara said a condition of approval for the original Monument Marketplace master plan was to establish two internal connections with the Timbers parcel along their common boundary. The accesses would allow motorists to travel between the developments without having to use Jackson Creek Parkway. One proposed access was to be near Jackson Creek Parkway; the other just west of the Home Depot. No agreement had been reached between Timbers and the Marketplace developer, Vision Development, at the Dec. 14 hearing.

Access to the Watt parcel is currently provided by Struthers Road. However, Struthers Road north of Baptist Road will be closed when the Colorado Department of Transportation (CDOT) reconstructs the Baptist Road exit for I-25. CDOT will eliminate the intersection of Struthers Road with its portion of Baptist Road and the existing traffic light to provide room for the new northbound on-ramp and off-ramp. Both ramps will be two lanes wide. The Timbers Boulevard intersection with Baptist Road is part of the interchange and belongs to CDOT rather than to the Baptist Road Rural Transportation Authority (BRRTA).

The portion of Struthers Road south of this eliminated intersection will be re-routed to the east by the county to connect with the intersection of Jackson Creek Parkway and Baptist Road, a part of BRRTA.

The portion of Struthers Road within the Timbers parcel will be removed and replaced by Breezy Pine View in roughly the same location. Breezy Pine View will extend north into the Marketplace just west of Home Depot as the required western cross-access.

The Watt parcel is subdivided into three lots. To prevent the Watt parcel from becoming landlocked when its access to Struthers Road is abandoned, each of its three lots must have a new access through the Timbers development.

Lot 1 is the largest lot, to the south. It is currently occupied by various buildings leased by Foxworth-Galbraith. The hardware outlet has announced that it is closing in a few months. Hammers and Watt had already agreed on construction of an east-west private access road from Timbers Boulevard to the east edge of lot 1. This new access, Gnarled Oak Drive, appears to run through three of the existing Foxworth-Galbraith buildings in the storage lot. It does not connect to the other two Watt lots, however.

The unresolved access issue on Dec. 14 was a separate access for lots 2 and 3 to the north of the hardware store. They are narrow vacant rectangular lots that extend eastward from the northwest corner of Lot 1, on Struthers Road, to the northeast corner of lot 1.

At the Dec. 14 hearing, Watt said he wanted Hammers to construct another access road from Timbers Boulevard to lots 2 and 3. Hammers said he did not want to give up this valuable commercial land or pay for a second road to the Watt parcel. He took the position that there is access from Jackson Creek Parkway or Baptist Road via Timbers Boulevard to Lodgepole Ridge Heights to Breezy Pine View. Hammers suggested that Watt use the existing segment of Struthers Road in front of his three lots to connect to the south end of Breezy Pine View in the Timbers parcel. Watt said that this method of access was too lengthy and too circuitous to be practical and would degrade the market value of his two vacant commercial lots. A lengthy attempt by the commissioners and staff to negotiate a resolution between Hammers and Watt during the Dec. 14 hearing failed and Hammers’ proposal was continued.

Preliminary Plat approved: Kassawara said the commissioners were to evaluate the development’s boundary layout, access, easements, roads, and internal circulation in reviewing the Preliminary Plat. Once the preliminary plat is approved, individual plats for each of the four subdivided lots would be brought to the Planning Commission and BOT for separate reviews and approvals. He added that there had been no comments on the plat from any referral agencies or citizens.

Kassawara recommended as a condition of approval that Hammers provide written approval from Watt for Hammers to vacate a water easement that runs east from Struthers Road just north of the full length of the northern boundary of Watt’s parcel.

Commissioner Lowell Morgan asked Hammers how the access issues had been resolved. Hammers said he had met with Rick Blevins, Development Manager for Vision Development, and resolved the flow issues for moving and widening Rowdao Drive. Hammers added that Watt had agreed to an access proposal as well.

One of the Timbers land owners, Darel Tiegs, said that he had negotiated an agreement with Watt and CDOT to synchronize their plans for temporary widening of their portion of Baptist Road, west of the bridge over Jackson Creek, and Hammers’ construction of the south end of Timbers Boulevard with BRRTA’s construction of their portion of Baptist Road, west of Jackson Creek Parkway. This agreement will save considerable time and expense during construction of the initial portion of the interchange improvement. If the interchange improvement can be expeditiously financed by private bonds through BRRTA, greater savings can be achieved.

Tiegs did not say how Watt’s access needs had been met. Watt attended the meeting and did not comment. Tiegs said the "complicated accord" would be completed by Feb. 1. Watt and Hammers had to dedicate considerable right-of-way to CDOT for the road to be widened from two to seven lanes, including land inside the existing southern Foxworth-Galbraith fence line.

Kassawara noted that Vision Development had agreed to a common access with the Marketplace by connecting Timbers Boulevard to the existing Rowdao Drive. This access would be wider than the existing roadway and become a public right-of-way, subject to review and approval by Triview Metropolitan District, as a second condition of approval. Triview would accept responsibility for its maintenance after this common access meets all inspection requirements.

Morgan asked what Watt’s new access would be and if it would be shown on the site plan. Kassawara said a second east-west access road would be built north of Gnarled Oak Drive and connect to the east end of Watt’s lot 3. Access for lot 2 was not discussed.

There were no citizen comments on the preliminary plat. The plat was unanimously approved with the two conditions noted above.

Site Plan approved: Kassawara noted that the development’s design guidelines and subdivision improvement agreements (SIA) were as important as the many pages of the site plan, because they would control the "look of the parking lots and buildings" even though no one knows what the development will look like. All on-site roadways are private roads that will be maintained by an association of the property owners. The one exception is the cross-access of Rowdao Drive intersecting Timbers Boulevard within the Monument Marketplace just west of Jackson Creek Parkway, which will be a public right-of-way.

Hammers requested that the PID (planned industrial development) portion of the property be changed to PCD (planned commercial development) to simplify their design guidelines, which establish the development’s architectural controls.

Kassawara noted that CDOT had asked in its referral comments that the revised traffic impact analysis performed by Hammers’ consultant not be approved until the updated report had been reviewed by the county’s Department of Transportation and CDOT. SEH, Inc., the town’s traffic consultant also reviews the developer’s traffic study.

Kassawara said the "water feature design" at the main entrance to the project on Baptist Road would be presented to the Planning Commission and BOT for review and approval at a later date.

Kassawara recommend 10 conditions of approval:

1. "The applicant shall modify any details regarding layout, dimensions, etc. on the engineering plans, or on revised PD site plans via a minor amendment, as necessary to address any issues that may arise prior to the Town Staff’s final approval of the plans for this project.

2. A detailed cost breakdown for the interim Baptist Road improvements required for this project must be provided.

3. The rezoning request must satisfy any conditions related to an amendment to the Regency Park Zoning Map, if required.

4. The first certificate of occupancy will not be issued for the project until all offsite improvements are completed and accepted by the Triview Metropolitan District and the town.

5. Additional landscape buffering adjacent to project property lines and/or roadways will be required to be shown on the site plan for each individual parcel.

6. Town Staff must approve the SIA [Subdivision Improvement Agreement] between the Timbers at Monument and Triview Metropolitan District and all its conditions.

7. Timbers Boulevard/Rowdao Drive must be completed and open to traffic prior to issuance of the first certificate of occupancy for the project. This will include the installation of a fully warranted functioning traffic signal at the Jackson Creek Parkway intersection, when warrants permit the installation.

8. The final traffic impact study must be approved by SEH, Inc., Town Staff, El Paso County, and CDOT.

9. Approval is subject to final approval by the Major Thoroughfare Task Force (MTTF) of the Timbers Boulevard/Baptist Road intersection configuration. This item is scheduled to be heard by the MTTF on Jan. 20, 2006.

10. Approval is subject to final approval of engineering plans by Staff."

Kassawara noted that the conditions did not mean that the issues had not been resolved. Rather, they are written into the agreements to provide safeguards for the town for enforcement during construction.

Kassawara said Blevins had questioned the Hammers condition that no left turns would be allowed from Timbers Boulevard onto northbound Rowdao Drive. Kassawara suggested that it was important to keep traffic between the two developments off Jackson Creek Parkway but not if safety would be compromised at this intersection.

Martin asked why there was still latitude in the design guidelines for industrial uses as a conditional use after rezoning to commercial. Kassawara said this conditional use would allow for an option to build an office warehouse building. The application for the conditional use would require hearings before the Planning Commission and BOT for approval.

Hammers pointed out that his main entrance was actually part of the CDOT interchange as well as part of BRRTA’s improvements. He is happy to participate in financing the interchange improvements with a Public Improvement Fee (PIF). No one will be able to do business with Hammers without signing an agreement to participate in the PIF.

Commissioner John Kortgarndner asked how long the private bonds might be in effect if CDOT did not pay off the principal as promised. Hammers said they could run as long as 25 to 30 years. The PIF would probably be 0.375 to 0.5 percent. Any negative effect of the PIF is minimized by all businesses participating. Hammers said some established "Mom and Pop stores" might not participate. Kassawara said that the big retailers need all the Baptist Road improvements to get enough traffic to be successful; they "tend to flock to big interchanges."

Also, the town might add a full motion light at the main entrance to Timbers on Baptist Road in the future, after annexing Baptist Road.

Commissioner Kathy Spence asked that Hammers limit the number of fast food restaurants with drive-through windows. Hammers agreed to a limit of three, but reserved the right to come back and ask the Planning Commission and BOT for a site plan modification for a fourth. He added that the layout of the development did not lend itself to many fast food locations. "I don’t like them either, but may need to build some." He also didn’t expect anyone to build a full-time day care center but asked that no restriction against them be added.

During public comments, Ann Schmidtz said that the town should not be growing so rapidly without building a medical center for seniors and families with small children.

In his rebuttal, Hammers pointed out that he intends to build an office building that could have space compatible for a medical center as well as individual offices for doctors, dentists, and chiropractors.

The commission unanimously approved the Preliminary PD Site Plan with Kassawara’s 10 conditions, and Spence’s condition on no more than three fast food restaurants with drive-through windows. Additional restaurants