City Hall  
107 N. Nevada Avenue  
Colorado Springs, CO  
80903  
City of Colorado Springs  
Meeting Minutes  
City Council  
City Council meetings are broadcast live on Channel 18. In  
accordance with the ADA, anyone requiring an auxiliary aid to  
participate in this meeting should make the request as soon as  
possible but no later than 48 hours before the scheduled event.  
Tuesday, February 27, 2024  
10:00 AM  
Council Chambers  
How to Watch the Meeting  
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Before the meeting, you may email general comments for items not on the agenda or  
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During the meeting, those who wish to comment should submit their name, telephone number,  
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652 5#  
Estimated agenda item times are provided for planning purposes and do not constitute notice  
of a specific time for any item. Items may take more or less time than estimated. City Council  
may amend the order of items.  
1. Call to Order and Roll Call  
President Helms called the meeting to order at 10:04 AM.  
8 -  
Present:  
President Pro Tem Lynette Crow-Iverson, Councilmember Dave Donelson, President  
Randy Helms, Councilmember Nancy Henjum, Councilmember David Leinweber,  
Councilmember Mike O'Malley, Councilmember Brian Risley, and Councilmember  
Michelle Talarico  
1 - Councilmember Yolanda Avila  
Excused:  
Councilmember Henjum attended the meeting virtually.  
2. Invocation and Pledge of Allegiance  
The Invocation was made by retired Pastor Joseph Weiner from the  
Boulder Street Church.  
President Helms led the Pledge of Allegiance.  
3. Changes to Agenda/Postponements  
Sarah B. Johnson, City Clerk, stated items 4A.D. and 4B.D. have been  
requested to be removed from the Consent Calendar.  
Consensus of Council agreed to these changes on the agenda.  
24-105  
3.A.  
A Joint Proclamation in Support of Colorado Senate Bill 24-106  
Concerning Legal Actions Based on Claimed Defects In Construction  
Projects  
Presenter:  
Lynette Crow-Iverson, Council President Pro Tem and Councilmember  
At Large  
Randy Helms, Council President and Councilmember District 2  
Mayor Yemi Mobolade  
Attachments: Senate Bill 24-106 Proclamation  
President Pro Tem Crow-Iverson read the joint Proclamation in support of  
Colorado Senate Bill 24-106 concerning legal actions based on claimed  
defects in construction projects.  
Mayor Yemi stated one of the City’s most urgent and pressing needs is the  
need for more housing, he has made it one of his top priorities, and  
encouraged everyone to support this important bill to help unlock the supply  
of entry level housing.  
President Helms introduced the students and three teachers, Matt Stewart,  
Nash Norris, and Tracy Villanuevo, from the Village High School Civics  
class.  
4. Consent Calendar  
These items will be acted upon as a whole, unless a specific item is called for  
discussion by a Councilmember or a citizen wishing to address the City Council.  
(Any items called up for separate consideration shall be acted upon following the  
Mayor's Business.)  
4A. Second Presentation:  
24-026  
4A.A.  
Ordinance No. 24-08 Exercising City Council's Legislative Authority  
Regarding the Extension of Water Service and Outside City Water  
and/or Wastewater Service to the Park Vista Subdivisions  
Presenter:  
Bryan English, PMP, Development Projects Manager, Customer Utilities  
Connections  
Travas Deal, Chief Executive Officer, Colorado Springs Utilities  
Attachments: 3. FINAL - Park Vista Enclave Ordinance 20240129  
4. FINAL - EXHIBIT A - Form of Agreement to Annex Template (Park  
Vista Enclaves) 20240129  
2. FINAL - City Council PPT (2-13-24) Park Vista Enclaves Ordinance  
20240125  
Signed Ordinance No. 24-08.pdf  
This Ordinance was finally passed on the Consent Calendar.  
24-025  
4A.B.  
Ordinance No. 24-09 Adding New Language to Article 10 of Chapter 12  
(Utilities) of the Code of Colorado Springs 2001, as Amended,  
Pertaining to the Colorado Springs Underground Damage Prevention  
Safety Program (CSUDPSP or the Program).  
Presenter:  
Melissa Brown, Energy Regulatory and Compliance Manager, Colorado  
Springs Utilities  
Travas Deal, Chief Executive Officer, Colorado Springs Utilities  
Attachments: 2 - CSU-Article10ORDredlines-2024-01-03  
3 - CSU-Article10ORD-2023-12-15  
Signed Ordinance No. 24-09.pdf  
This Ordinance was finally passed on the Consent Calendar.  
24-023  
4A.C.  
Ordinance No. 24-10 Adding New Language to Article 1 of Chapter 12  
(Utilities) of the Code of the City of Colorado Springs 2001, as  
Amended, Pertaining to Underground Excavation Regulations.  
Presenter:  
Melissa Brown, Energy Regulatory and Compliance Manager, Colorado  
Springs Utilities  
Travas Deal, Chief Executive Officer, Colorado Springs Utilities  
Attachments: 2 - CSU-AbatementORDredlines_2024-01-03  
3 - CSU-AbatementORD_2023-12-15  
Signed Ordinance No. 24-10.pdf  
This Ordinance was finally passed on the Consent Calendar.  
24-062  
4A.E.  
Ordinance No. 24-13 amending Ordinance No. 23-65 (2024 Budget  
Appropriation Ordinance) for a supplemental appropriation to the  
General Fund in an amount not to exceed $2,600,000 in order to  
purchase real estate as part of the Nevada Avenue Reconstruction  
transportation projects, which will be fully reimbursed by the Pikes Peak  
Rural Transportation Authority (PPRTA) in 2025, per the  
Intergovernmental Agreement (IGA)  
Presenter:  
Charae McDaniel, Chief Financial Officer  
Gayle Sturdivant, Acting Public Works Director  
Chris Fiandaca, City Budget Manager  
Attachments: FINAL-Ordinance-Supp Approp-Public Works land purchase  
Signed Ordinance No. 24-13.pdf  
This Ordinance was finally passed on the Consent Calendar.  
4B. First Presentation:  
24-099  
4B.A.  
City Council Regular Meeting Minutes February 13, 2024  
Presenter:  
Sarah B. Johnson, City Clerk  
Attachments: 2-13-2024 City Council Meeting Minutes Final  
The Minutes were approved on the Consent Calendar.  
24-061  
4B.B.  
A Resolution Authorizing The City Of Colorado Springs To Enter Into An  
Intergovernmental Agreement With The Pikes Peak Rural Transportation  
Authority Concerning Reimbursement For Future Project Costs  
Presenter:  
Gayle Sturdivant, PE, PMP, Acting Public Works Director/City Engineer  
Attachments: 1_RES_PPRTA-IGA_2024-01-22  
2_PPRTA 3 Project Advancement Reimbursement IGA  
3_Presentation_IGA Resolution_rev  
Signed Resolution No. 17-24.pdf  
This Resolution was adopted on the Consent Calendar.  
24-063  
4B.C.  
A Resolution Authorizing The Acquisition Of Approximately 11.962  
Acres Of Real Property From BNSF Railway  
Presenter:  
Gayle Sturdivant, PE, PMP, Acting Public Works Director/City Engineer  
Attachments: 1_Draft Resolution - BNSF Acquisition  
2_Resolution Exhibits A and B  
3_Presentation_BNSF Acquisition  
Signed Resolution No. 18-24.pdf  
This Resolution was adopted on the Consent Calendar.  
Approval of the Consent Agenda  
Motion by Councilmember Leinweber, seconded by Councilmember Talarico,  
that all matters on the Consent Calendar be passed, adopted, and approved  
by unanimous consent of the members present. The motion passed by a vote  
of 8-0-1-0  
8 -  
Aye:  
Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and  
Talarico  
1 - Avila  
Excused:  
5. Recognitions  
24-100  
5.A.  
A Resolution recognizing March 2024 as Women’s History Month  
Presenter:  
Michelle Talarico, Councilmember District 3  
Attachments: Women's History Month  
Signed Resolution No. 19-24.pdf  
Councilmember Talarico read the Resolution recognizing March 2024 as  
Women’s History Month and recognized Susan Edmondson, President and  
Chief Executive Officer, Downtown Development Authority, and Jen Furda,  
Director of Community Engagement In Local Government Affairs for  
University of Colorado, Colorado Springs (UCCS), for all their contributions  
to the community.  
Ms. Furda and Ms. Edmondson expressed appreciation for the  
recognition.  
Councilmember Henjum recognized Lindsey Keller, Alternative/Online  
School Secondary Assistant Principal, Village High School.  
Motion by Councilmember O'Malley, seconded by President Pro Tem  
Crow-Iverson, that this Resolution be adopted Proposed Motion: <br />Approve a  
Resolution recognizing March 2024 as Women's History Month The motion passed  
by a vote of  
8 - Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and Talarico  
1 - Avila  
Aye:  
Excused:  
24-064  
5.B.  
City Council Appointments to Boards, Commissions, and Committees  
Presenter:  
Randy Helms, Council President and Councilmember District 2  
Attachments: 02272024 Boards Commissions and Committee Appointments  
President Helms presented the City Council Appointments to Boards,  
Commissions, and Committees.  
Sarah Potter, nominee appointee to the Historic Preservation Board,  
expressed gratitude for the opportunity to serve.  
Councilmember Donelson and Councilmember Risley expressed  
appreciation for the nominees who wish to serve on Boards, Commissions,  
and Committees.  
Motion by Councilmember O'Malley, seconded by Councilmember Talarico, that  
the Appointments to City Council Boards, Commissions, and Committees be  
approved. The motion passed by a vote of 8-0-1-0  
8 - Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and Talarico  
1 - Avila  
Aye:  
Excused:  
6. Mayor's Business  
There was no Mayor’s Business.  
7. Citizen Discussion For Items Not On Today's Agenda  
Citizen Charles Barber spoke about the importance of drinking water.  
Citizen Matt Stewart invited City Council to observe their model of teaching  
at Village High School.  
Citizen Katie Gibbs spoke regarding the need to repair potholes within the  
City.  
Citizen Julie Herold express gratitude to live in Colorado Springs and read  
the poem “America the Beautiful” by Katharine Lee Bates.  
Citizen Gary Casmir stated he did not agree with not having his questions  
answered at the February 13, 2024 City Council meeting and suggested  
President Helms resign.  
Citizen Amy Goldberg requested that citizens and people experiencing  
homelessness work together to pick up trash in the City.  
Citizen Jaymen Johnson expressed appreciation for the Resolution  
recognizing March 2024 as Women’s History Month  
Citizens Mary Louise Fidler, Chaim Goldman, Karyna Lemus, Katrina  
Nguyen, Tania Soto, Anna Wermouth, Desiree Hanna, Isaura Flores,  
Ariella Lyne, Huda Yousef, Gila Kaplan, Brandon Rahron, Leo Reyes, and  
Genevieve Richard, Chrisi Bymum, Max Mackee, Michael Flyon, Cynthia  
Verzwyvelt, Alex Sours, Thea Roland, Mara Fritzsinger, Eilex Rodriguez,  
Lonna Benivides, William Gorman, Turner Francis Black, Andrew Dalby,  
Eliezer Goldman, Zacharyah Goldman, Nissreen AbuKhdeir, Peter Nels  
Larson, Elsie Hargeis, Matt Wilson, Jesse Profitt, Sabrina Mheisen, Jo  
Orwiller, and Linda Amenebadwan spoke about the Israeli-Palestinian  
conflict.  
8. Items Called Off Consent Calendar  
4A.D. SUBD-23-01 Ordinance No. 24-12 vacating Lierman Street public right-of-way that is  
45  
approximately 0.443 acres and is located between North Cascade Ave  
and Schafer Heights (Legislative)  
Presenter:  
Allison Stocker AICP, Planner II, Planning + Neighborhood Services.  
Peter Wysocki, Director, Planning + Neighborhood Services  
Attachments: SUBD-23-0145_Updated_Ordinance_ADS_20230228  
SUBD-23-0145_Updated_Exhibit_A_ADS_20240228  
SUBD-23-0145_Ord_ExhibitB_ADS_20240119  
SUBD-23-0145_Presentation_CC_20240126  
7.5.703 VACATION OF PUBLIC STREETS OR RIGHTS-OF- WAY  
SUBD-23-0145_Full_Memo_ADS_20240119  
Allison Stocker, Planner II, Planning and Neighborhood Services, stated  
the Ordinance vacating Lierman Street public right-of-way that is  
approximately 0.443 acres and is located between North Cascade Ave  
and Schafer Heights requires an amendment for the addition of language  
which includes "shall reserve easements for public utility, public  
improvement, and public access easements".  
Ben Bolinger, Assistant City Attorney, explained that this technical  
modification will require a third reading.  
Councilmember Donelson asked who currently owned the parcel. Ms.  
Stocker clarified that the City owns this right-of-way.  
Councilmember Donelson asked by vacating this right-of-way, if the owners  
will be required to bring the condition of the road up to City standards. Ms.  
Stocker stated this road is already not up to City standards and by vacating  
it, the owner will have to maintain it.  
Councilmember Donelson asked how often these types of right-of-way  
vacations occur. Peter Wysocki, Director, Planning and Neighborhood  
Services, stated they occur approximately one to two times a year.  
Motion by Councilmember Leinweber, seconded by President Pro Tem  
Crow-Iverson, that the Ordinance vacating Lierman Street public right-of-way that  
is approximately 0.443 acres and is located between North Cascade Ave and  
Schafer Heights based upon the findings that the request complies with the  
criteria as set forth in City Code Section 7.5.703 be approved as amended. The  
motion passed by a vote of 8-0-1-0  
24-091  
4B.D.  
Request for approval of settlement amount in Case No. 23CV30143  
Presenter:  
Wynetta Massey, City Attorney/Chief Legal Officer  
There were no comments on this item.  
Motion by President Pro Tem Crow-Iverson, seconded by Councilmember Risley,  
that the $160,000.00 settlement amount in Case No. 23CV30143 be approved. The  
motion passed by a vote of 6-2-1-0  
6 - Crow-Iverson, Helms, Henjum, Leinweber, Risley, and Talarico  
Aye:  
No:  
2 - Donelson, and O'Malley  
1 - Avila  
Excused:  
9. Utilities Business  
There was no Utilities Business.  
10. Unfinished Business  
There was no Unfinished Business.  
11. New Business  
There was no New Business.  
12. Public Hearing  
12.A. ZONE-23-00 Ordinance No. 24-11 amending the zoning map of the City of Colorado  
25  
Springs pertaining to 7500 square feet located at 903 Swope Avenue  
from R-1 6 (Single-Family - Medium) to R2 (Two-Family).  
(Quasi-Judicial) (Second Reading and Public Hearing)  
Presenter:  
Austin Cooper, Planner II, Planning + Neighborhood Services.  
Peter Wysocki, Director, Planning + Neighborhood Services  
Attachments: Staff Report  
Conceptual Site Plan  
903 Swope- Ordinance  
Exhibit A and B  
Public Comments  
Public Comment Response Letter  
7.5.704 ZONING MAP AMENDMENT (REZONING)  
CPC Minutes  
903 Swope ZC_Staff  
Signed Ordinance No. 24-11.pdf  
Austin Cooper, Planner II, Planning and Neighborhood Services presented  
the Ordinance amending the zoning map of the City pertaining to 7500  
square feet located at 903 Swope Avenue from R-1 6 (Single-Family -  
Medium) to R2 (Two-Family). He provided an overview of 903 Swope  
Avenue, vicinity map, project summary, site plan, agency reviews, criteria  
for approval, and Planning Commission optional motions.  
Heather Robertson, representing the applicant, stated she would like to put  
a small Accessory Dwelling Unit (ADU) on the front of the lot, the area is  
relatively unattractive, her mother is aging, and there is not room to build an  
addition on to the house.  
Councilmember Henjum stated she supports this request.  
There were no citizen comments on this item.  
Motion by Councilmember Henjum, seconded by Councilmember Leinweber,  
that the Ordinance approving the zone change of 7,500 square feet from R-1 6  
(Single-Family - Medium) to R-2 (Two-Family) based on the findings that the  
request complies with the criteria for a Zoning Map Amendment as set forth in  
City Code Section 7.5.704 be finally passed. The motion passed by a vote of  
8-0-1-0  
8 - Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and Talarico  
1 - Avila  
Aye:  
Excused:  
12.B. ZONE-23-00 Ordinance No. 24-03 amending the zoning map of the City of Colorado  
14  
Springs pertaining to 60.28 acres located northwest of Old Ranch Road  
and Powers Boulevard from PK (Public Park) to R-Flex Low  
(Quasi-Judicial) (Second Reading and Public Hearing)  
Presenter:  
Katelynn Wintz, Planning Supervisor, Planning + Neighborhood  
Services.  
Peter Wysocki, Director, Planning + Neighborhood Services  
Attachments: StaffReport_Ovation_KAW  
ORD_OvationZC  
Project Statement  
Zone Change_Exhibit A  
Zone Change_Exhibit B  
GeohazardReport  
Traffic Impact Analysis  
7.5.704 ZONING MAP AMENDMENT (REZONING)  
CPC_OvationMinutes_Draft  
Staff_Ovation_KAW  
CDOT letter  
public comment_2.13  
public comment_12.13  
public comment_12.12  
publiccomment_initial  
Signed Ordinance No. 24-03.pdf  
Katelynn Wintz, Planning Supervisor, Planning and Neighborhood  
Services, presented the Ordinance amending the zoning map of the City  
pertaining to 60.28 acres located northwest of Old Ranch Road and  
Powers Boulevard from PK (Public Park) to R-Flex Low. She provided an  
overview of the Ovation project, vicinity map, project summary, site plan,  
timeline of review, stakeholder involvement, agency reviews, PlanCOS  
compliance, application review criteria, and Planning Commission optional  
motions.  
Councilmember Henjum requested additional information regarding the  
condition of approval to access Colorado Department of Transportation  
(CDOT) right-of-way. Ms. Wintz stated no permanent legal access will be  
allowed to that right-of-way, but CDOT would not preclude any coordination  
should an emergency event occur which would require some temporary  
access to that right-of-way to evacuate a particular area.  
Councilmember Leinweber asked why the Kettle Creek North project was  
denied access to the right-of-way even in the event of an emergency. Mike  
Tassi, Assistant Director, Planning and Neighborhood Services, clarified  
that one of the differences with this condition is the applicant identified a  
specific easement that must be granted at grade so they identified a spot  
where that emergency access could occur in the case of an event but there  
is no formal access allowed on either one of the properties.  
Britt Haley, Director, Parks, Recreation, and Cultural Services Department,  
identified the site location, site history, land exchange status, and land  
exchange goals.  
Councilmember Henjum asked who the owner of High Valley Land  
Company is. Ms. Haley stated it is the Loo family. Doug Quimby, President  
and Chief Executive Officer, La Plata Communities, representing the  
applicant, also confirmed it is owned by the members of the Loo family.  
Councilmember Henjum asked if there is a contractual obligation regarding  
this land exchange. Ms. Haley stated the City's contractual obligation is the  
application for the zone change. Ben Bolinger, Assistant City Attorney,  
clarified that there is no contractual obligation for City Council to approve  
the application for the zone change.  
Councilmember Henjum asked what the City’s obligation is to the Larry  
Ochs Park Sports Complex. Ms. Haley stated the City is in need of those  
type of fields, but there is no obligation.  
President Helms asked if there is 180-acres adjacent to this property. Ms.  
Haley confirmed there is.  
Cody Humphrey, Director of Planning, La Plata Communities, representing  
the applicant, went over the Ovation site context, history of the 1987  
Briargate Master Plan, protected mouse habitat, history of land  
acquisitions by City Parks, Recreation, and Cultural Services Department,  
2006 Briargate Master Plan, 2016 sports complex planning failed attempt,  
2022 three-way land exchange, land use plan, proposed zoning, density  
comparison, density representation, anticipated product types/lot sizes,  
overhead utility line, park, open space/trail amenities, traffic study, Chapel  
Ridge Drive, project meetings, and CDOT letter.  
Councilmember Risley read the CDOT letter from the Kettle Creek North  
project in 2022 which stated CDOT would not allow emergency access to  
Powers Boulevard.  
Mr. Humphrey identified the evacuation plan, Colorado Springs Police  
Department (CSPD) email, in-home sprinkler system, emergency access,  
emergency route options, and Academy School District 20 response.  
Councilmember Henjum asked if the trails will be connected to other trails  
in the area. Mr. Humphrey stated there are no other existing trails and none  
planned due to the endangered mouse habitat.  
Councilmember Talarico asked what the price point will be. Mike  
Ruebenson, Chief Operating Officer, La Plata Communities, representing  
the applicant, stated they anticipate they will be in the low $400,000 range.  
Councilmember Leinweber requested additional information regarding the  
proposed emergency access. Todd Frisbie, City Traffic Engineer, stated  
Powers Boulevard is designated as a freeway and per CDOT code, they  
do not allow any type of formalized access, even emergency access, to a  
freeway between interchanges, but La Plata Communities is proposing  
building a section of path up to their property line which would be  
unmaintained, and because the topography is at 4.4 percent slight grade,  
in the event which requires evacuation, they can cut the fence and vehicles  
could traverse that section between the property line and the pavement of  
Powers Boulevard.  
Councilmember O’Malley stated that vehicles traversing that emergency  
access may cause a grass fire which in turn could destroy the jumping  
mouse habitat. Mr. Quimby stated this potential access point is nothing  
more than an additional possibility in the event of an emergency, there are  
no requirements in City Code for an evacuation route, just an emergency  
access plan, there will be two paved existing public roads which allow  
access to Old Ranch Road, and this is just an extra exit in the event of an  
emergency.  
President Helms asked if CDOT would allow access to Powers Boulevard  
in the event of an emergency. Mr. Quimby stated CDOT would most likely  
close the highway to regular traffic in the event of an emergency  
evacuation.  
Citizens Jill Gaebler and Devin Camacho spoke in support of the proposed  
project.  
Citizen Jamie Nau spoke in opposition of the proposed project, and  
provided an overview of the August 2023 Maui fires, December 2021  
Marshall fires, 2013 Black Forest fires, FLEET evacuation modeling  
supports resident’s concerns, and a comparison to the July 2023 North  
Fork evacuation.  
Citizen Kat Gayle spoke in opposition of the proposed project, identified  
the legal issues, and Preble’s jumping mouse (National Environmental  
Policy Act (NEPA) protected species) habitat.  
Mr. Nau went over the problems with the second egress, CDOT property,  
proposed egress slopes at nineteen percent grade, quotes from the North  
Fork Council, CDOT property gate, CDOT during an emergency, east exit  
on to Powers Boulevard, smaller emergencies, the future of Powers  
Boulevard, stated this proposal is one of a kind, and identified what other  
experts think about this plan.  
Citizens Natalie Watts, Carlene Sevcik, Rick Sevcik, Elizabeth Rivers,  
Michael Wilhelm, Sarah Larsen, William Janas, Dane Larsen, Adriane  
Nau, Tracy Corl, Jack Rivers, Emily Garlock, Dana Duggan, Kaitlin Quist,  
and Mike Spencer spoke in opposition of the proposed project.  
Mr. Ruebenson went over some main differences between their proposal  
and was brought before Council which included: they do not have the  
school, there are more homes in the context, there are multiple exits  
coming out of the community, the emergency access road at a four percent  
grade, they are proposing 290 units, and Bret Lacey, Fire Marshall,  
Colorado Springs Fire Department, (CSFD), stated they do not have any  
concerns with the development.  
Kyle Campbell, Classic Consulting, stated the emergency access egress  
on to Powers Boulevard is located where there is no drainage, no swale,  
no steep slope and is a slightly over a four percent slope so they feel in  
their analysis, the location is very safe with it measuring 25 to 27 foot in  
length/50 feet wide, and that it is a very appropriate emergency egress to  
Powers Boulevard.  
Mr. Reubenson stated in terms of the agreement, when the City  
approached them to talk about the three-way land exchange, even though it  
was not what they had wanted, they sold the land to the City for the fire  
station, the neighbors had said previously that they did not want a sports  
complex, that they would prefer residential, even though the Master Plan  
intended for it to be a sports complex, the open space was not a swap, and  
the City can now use the $6 million to find a better location for a sports  
complex.  
Mr. Wilhelm stated the Parks, Recreation, and Cultural Services  
Department made promises and commitments to the neighborhood, this  
land should remain as an open space, in 2016, regarding the sports  
complex, the neighborhood was concerned about there being only one  
entrance/egress from the community, the ability to evacuate safely in the  
event of an emergency falls within the criterion that a rezoning change not  
be detrimental to the public health, safety, convenience, or general welfare,  
there was no traffic study done on Rhinestone Drive, the schools are too  
crowded, this project will negatively impact property values, and lives will  
be at risk if this project is approved.  
Mr. Reubenson stated they have fulfilled their obligation to the agreement,  
they hope the City will as well, School District 20 stated they want more  
students to attend, and the fence is a three-wire simple fence.  
Peter Wysocki, Director, Planning and Neighborhood Services, stated  
there were a lot of comments made comparing this project to the Kettle  
Creek North project and reminded Council to review this application based  
on the merits of the review criteria for this project and not to compare one  
to the other.  
Councilmember O’Malley stated the applicant introduced risk into an  
equation which he finds unacceptable and will not be supporting the  
project.  
Councilmember Leinweber asked how many employees are employed by  
the Parks, Recreation, and Cultural Services Department. Ms. Haley stated  
approximately 260.  
Councilmember Leinweber requested information regarding the study for  
the Parks, Recreation, and Cultural Services Department backlog. Ms.  
Haley explained that in 2020, they had a third-party consultant review,  
conducted by Jacobs Engineering, where they evaluated all the Parks,  
Recreation, and Cultural Services Department infrastructure and what was  
determined is that the City’s Parks Recreation And Cultural Services  
Department has a backlog of deferred maintenance across all its facilities  
in the realm of $279 million.  
Councilmember Leinweber asked if it would be beneficial to have a sports  
complex in this area. Ms. Haley confirmed it would be because the City is  
in need of more playing fields particularly in the northeastern part of the  
City, but realistically, they need to focus on taking care of the infrastructure  
they already have.  
Councilmember Leinweber stated he thinks the City needs to find a way to  
reinvest the $6 million from the sale of this property, invest it into something  
the community could really use, and he is in support of this project.  
Councilmember Talarico asked how wide Chapel Ridge Road is. Mr.  
Humphrey stated it is a sixty-five feet wide right-a-way and from flow line to  
flow line, which is basically the width of the actual road, is forty-three feet.  
Councilmember Henjum asked if the property must be rezoned in order for  
the City to receive the money. Ms. Haley confirmed it is a condition of the  
contract for the sale. Mr. Bolinger reminded City Council to make their  
decision on the criteria in the City Code and that the contract is not  
relevant.  
Councilmember Henjum asked who is paying for the power lines to be  
buried. Steve Ross, Director of Development, La Plata Communities,  
representing the applicant, stated it is a fifty/fifty shared cost between the  
developer and Colorado Springs Utilities (CSU). Jacqueline Rowland, City  
Auditor, confirmed that shared cost is a CSU regulation and policy.  
Councilmember Henjum requested additional information about the  
motions made at the Planning Commission. Mr. Tassi went over how the  
Planning Commission was struggling with how the CDOT letter would apply  
to this proposal. Ms. Wintz stated they were trying to figure out how it would  
be memorialized as part of the approval of the land use plan application,  
which are included in the land use plan in item 12.C., and provided a  
detailed description of how the Planning Commission arrived at their final  
decision.  
Councilmember Risley stated the Planning Commission made multiple  
motions which had to do with embedding the CTL Thompson geotechnical  
report results for geohazards. Ms. Wintz stated the technical modifications  
made as part of the CTL Thompson study, which is the geologic hazard  
report, was a technical modification and was included in each of the four  
motions which was provided by staff prior, and applied to any motion that  
would approve or recommend approval of the land use plan application.  
Councilmember Henjum asked Councilmember O’Malley to elaborate on  
his safety concerns. Councilmember O’Malley stated the road conditions  
on Powers Boulevard is very fast and when people need to evacuate the  
neighborhood, he finds the undeclared exit onto Powers Boulevard very  
dangerous, especially for children who may have just gotten their driver's  
license.  
President Helms requested additional information on whether CDOT would  
allow traffic to come out of this informal road into southbound Powers  
Boulevard in the event of an evacuation. Fire Marshall Lacey stated this  
development meets the requirements of the Fire Code without the use of  
this emergency egress. He stated these types of emergency egress roads  
are often problematic because they are rarely maintained and the CSFD  
does not consider these when evaluating the requirements of Fire Code.  
President Helms asked if this road was taken out of the equation, how the  
community would exit this neighborhood. Fire Marshall Lacey stated the  
developer has worked with CSFD recommendations, the Fire Code does  
not address neighborhood evacuation, it addresses the protection of the  
dwellings within that neighborhood to make sure CSFD has access into  
that location to suitably take care of fire/medical emergencies, the fire  
sprinkler system in each of the homes will suppress the fire until CSFD can  
get there, and therefore they had no issues because the developer has met  
the code requirements with the single point of egress.  
Councilmember Leinweber asked if the risk for wildfire is greater for a  
non-maintained open field versus a maintained landscaped community.  
Fire Marshall Lacey confirmed it is.  
President Helms asked if there will be a buffer for fire mitigation utilized for  
this development similar to what was used in The Farm development. Mr.  
Humphrey stated an open space buffer is planned for the entirety of the  
project.  
President Helms requested the informal emergency egress road be  
removed from the Development Plan. Mr. Humphries stated they are  
amenable to removing it, but that road was a response to the community’s  
request.  
Councilmember Henjum asked Fire Marshall Lacey to elaborate on the one  
exit and the North Fork fire. Fire Marshall Lacey spoke about combustible  
vegetation and the risks associated with vehicles driving through it, but in  
this part of the City, he does not see a gross life risk.  
Councilmember Donelson asked if a development can have only one road  
in if it has indoor sprinklers because even if CSFD is delayed getting into  
the area, the water will suppress the fire for a while. Fire Marshall Lacey  
confirmed that is correct.  
Councilmember Donelson asked if the Fire Code does not consider  
egress or evacuation. Fire Marshall Lacey stated it does not, but it does  
deal with building evacuation.  
Councilmember Donelson stated it is City Council’s responsibility to  
consider evacuation as part of the safety of the community, another  
concern is the capacity of School District 20, when the City agreed to the  
different land exchanges, they were not obligated to agree to whatever  
would be proposed on this land, so if reasonable concerns were brought up  
that met the criteria, they could deny it, citizens bought property with this  
adjacent land zoned as Public Park (PK,), and he will be voting to deny the  
project.  
Motion by Councilmember O'Malley, seconded by Councilmember Donelson, to  
deny an Ordinance establishing 60.28 acres as a R-Flex Low zone district based  
upon the findings that the request complies with the criteria for a Zoning Map  
Amendment as set forth in Unified Development Code Section 7.5.704.The motion  
failed by a vote of 2-6-1-0  
2 - Donelson, and O'Malley  
Aye:  
No:  
6 - Crow-Iverson, Helms, Henjum, Leinweber, Risley, and Talarico  
1 - Avila  
Excused:  
Councilmember Risley stated City Council takes the input of citizens very  
seriously but there are very distinct differences between the Kettle Creek  
North project and this project and because of that, he does not see where  
the risk exists when it comes to fire danger and egress/emergency exiting.  
He stated he sees significant commercial and residential development  
surrounding this area, not wildland interface concerns, and he sees the  
need for housing in our community so he will be supporting this project.  
Councilmember Henjum stated she needs to acknowledge there were a lot  
of decisions made along the way that have been confusing and concerning,  
she has heard the residents loud and clear, City Council needs to look at  
each project in its own context, and this is not easy work.  
Motion by Councilmember Risley, seconded by Councilmember Talarico, that the  
Ordinance establishing 60.28 acres as a R-Flex Low zone district based upon the  
findings that the request complies with the criteria for a Zoning Map Amendment  
as set forth in Unified Development Code Section 7.5.704 be finally passed. The  
motion passed by a vote of 6-2-1-0  
6 - Crow-Iverson, Helms, Henjum, Leinweber, Risley, and Talarico  
Aye:  
No:  
2 - Donelson, and O'Malley  
1 - Avila  
Excused:  
12.C. MAPN-23-00 Approval of the Ovation Land Use Plan for proposed residential  
05  
development consisting of 60.28 acres located at northwest of Old  
Ranch Road and Powers Boulevard.  
(Quasi-Judicial)  
Presenter:  
Katelynn Wintz, Planning Supervisor, Planning + Neighborhood  
Services.  
Peter Wysocki, Director, Planning + Neighborhood Services  
Attachments: CPCStaffReport_Ovation  
Land Use Plan_Ovation  
GeohazardReport  
Traffic Impact Analysis  
7.5.514 LAND USE PLAN  
Staff_Ovation_KAW  
President Helms asked if the applicant was amenable to removing the  
alternate emergency egress route. Mr. Humphrey confirmed they were.  
Councilmember Donelson stated by removing the alternate way out of the  
neighborhood with the emergency egress route would be going backwards  
from what the Planning Commission proposed. President Helms stated he  
is basing this on Councilmember O’Malley and Fire Marshall Lacey’s  
comments regarding the safety aspect of it. Councilmember O’Malley  
confirmed that he believes it is not safe.  
Councilmember Leinweber stated this development meets Fire Code  
criteria without this proposed road. Councilmember Donelson stated the  
Code addresses CSFD getting to the building if there is only one way in  
and having an indoor sprinkler system so the fire does not get out of control  
before they get there, but it does not address getting out of that  
neighborhood which requires egress routes and that is what City Council  
needs to assess for safety.  
Councilmember Leinweber stated the fire load is significantly reduced here  
and even more so by having the development here rather than an  
undeveloped field.  
Councilmember O’Malley stated fire will rip quickly through a prairie  
community and is very dangerous.  
Councilmember Leinweber explained the difference in vegetation between  
the other fires which occurred and this area once it is developed.  
Councilmember Risley stated this area is also surrounded by both  
commercial and residential development and is not a WUI with large scale  
fuel.  
Councilmember Talarico stated she agrees with Councilmember Risley’s  
comments, there are quite a few employment centers near this site, and  
she feels it is a good thing to increase housing opportunities.  
Motion by Councilmember Talarico, seconded by Councilmember Leinweber,  
Approve the Ovation Land Use Plan related to 60.28 acres based upon the  
findings that the request complies with the review criteria for Land Use Plans as  
set forth in City Code Section 7.5.514, with the following condition of approval  
and technical modifications:  
A. Revise note 19 of the Land Use Plan to the following: “This property is subject  
to the finding’s summary and conclusions of a geologic hazard report prepared  
by CTL Thompson Inc. dated May 2, 2023, which identified the following specific  
geologic hazards on the property; expansive soil and bedrock and shallow  
groundwater. The following recommendations shall be adhered to 1.  
Construction materials testing and observation services during site development  
and construction. 2. Individual lot soils and foundation investigations for  
foundation design. 3. Subgrade investigation and pavement design for on-site  
pavements. A copy of said report has been placed within File# MAPN-23-0005 or  
within the subdivision file of the City of Colorado Springs Planning and  
Development Team. Contact the Planning and Development team, 30 S Nevada,  
Suite 701, Colorado Springs, CO, 80903, if you would like to review said report.”  
be approved.  
B. Revise the Land Use Plan to remove the Emergency Access Phase 1 to the  
Powers Blvd ROW line.  
The motion passed by a vote of 6-2-1-0  
6 - Crow-Iverson, Helms, Henjum, Leinweber, Risley, and Talarico  
Aye:  
No:  
2 - Donelson, and O'Malley  
1 - Avila  
Excused:  
13. Added Item Agenda  
There were no items added to the Agenda.  
14. Executive Session  
There was no Executive Session.  
15. Adjourn  
There being no further business to come before City Council, President  
Helms adjourned the meeting at 7:10 PM.  
Sarah B. Johnson, City Clerk