City of Colorado Springs Logo
File #: APPL-23-0007    Version: 1 Name: CSU Wilson Water Tank Appeal DP Major Modification
Type: Planning Case Status: Passed
File created: 11/1/2023 In control: City Council
On agenda: 11/14/2023 Final action: 11/14/2023
Title: An appeal of the Planning Commission decision to deny the CSU Wilson Tank Height Increase Development Plan Major Modification. (Quasi-Judicial) Presenter: William Gray, Senior Planner, Planning + Neighborhood Services Peter Wysocki, Director, Planning + Neighborhood Services
Attachments: 1. Wilson Tank Major Modification Planning Commission Staff Report, 2. Notice of Appeal_ Wilson Tank Mjr Mod to Increase Height_10232023, 3. Planning Commission Minutes, 4. CC Staff Presentation_Wilson Tank Mjr Mod Appeal_WEG_11012023, 5. Vicinity Map, 6. Approval Letter, 7. Approved Development Plan, 8. Approved Final Plat, 9. DP Major Modification, 10. Project Statement, 11. Statement For Appeal, 12. Planning Comment Response, 13. Planning and Public Comment Response, 14. Wilson Tank Landscape Model, 15. Wilson Tank Renderings, 16. Geologic Hazard Study, 17. Wilson Reservoir and Pump Station Development Plan, 18. Mountain Shadows Master Plan, 19. Ordinance No. 93-25, 20. Notice and Order, 21. Public Comment, 22. Eugene and Jacqueline Gunn_Public Comment_CSU Wilson Tank Amd_08082023, 23. Flying W Ranch_Public Comment_CSU Wilson Tank Amd_08012023, 24. Katharine Heffner_Public Comment_CSU Wilson Tank Amd_08132023, 25. Kristine Land_Public Comment_CSU Wilson Tank Amd_08142023, 26. Lawrence Starr_DEPN-23-0157 Review Process Track_Public Comment_08092023, 27. Pre-Application Summary, 28. Starr Berdon Major Mod rejection 20231010, 29. StarrBerdon_Public Comment_CSU WilsonTank Amd_08092023, 30. Stop Work Demand on Wilson Tank, 31. Ward and Lori Garza_Public Comment_CSU Wilson Tank_08122023
Title
An appeal of the Planning Commission decision to deny the CSU Wilson Tank Height Increase Development Plan Major Modification.

(Quasi-Judicial)

Presenter:
William Gray, Senior Planner, Planning + Neighborhood Services
Peter Wysocki, Director, Planning + Neighborhood Services

Summary:
Owner: City of Colorado Springs
Appellant: Colorado Springs Utilities ("CSU")
Representative: David Padgett, General Manager, CSU - Projects and Programs
Location: 6560 Alabaster Way

The Appellant filed a Notice of Appeal pursuant to Section 7.5.415 (Appeals) of the Planning Commission decision to deny the CSU Wilson Tank Height Increase Development Plan Major Modification ("Wilson Tank Height Increase"). The basis for the appeal is that the decision of Planning Commission is contrary to the express language of the UDC, erroneous and contrary to the law. More specifically, the Appellant asserts that the Planning Commission did not apply the major modification review criteria as required with their decision that resulted in the denial of the application and has included with their appeal a written description as to how the review criteria that is relevant to this application has been met (see "Notice of Appeal" attachment).

Background:
The Appellant applied for a development plan major modification on July 17, 2023, that proposed increasing the established maximum height of a water storage tank from 45-feet to 60-feet to address a discrepancy between the approved building permit and approved development plan. The original development plan for the 5-million-gallon (MG) water tank was approved on July 21, 2022 (AR DP 21-00526) and the building permit for the project was issued on May 8, 2023. See the attached Wilson Tank Major Modification City Planning Commission Staff Report for a complete description of the project history, project details and Staff's analysis of the proposed development plan major modification application.

Review Criteria:
The application b...

Click here for full text



The City of Colorado Springs is committed to making its websites accessible to the widest possible audience. We are constantly working to increase the accessibility and usability of our online technology. We strive to maintain conformance to Web Content Accessibility Guidelines (WCAG) 2.1 as well as U.S. Federal Government Section 508 Guidelines. The City of Colorado Springs will be evaluating this site on a regular basis, and it will continue to evolve and improve over time as new technologies emerge. Documents created by third parties may not meet all accessibility criteria. If you experience difficulty accessing the information contained within this webpage, please contact the Office of Accessibility at 719-385-5169.