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107 N. Nevada Avenue  
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City of Colorado Springs  
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Tuesday, November 26, 2024  
9:00 AM  
Council Chambers  
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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 9:00 AM.  
9 -  
Present:  
Councilmember Yolanda Avila, 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  
Councilmember Henjum arrived at approximately 10:45 AM, left at  
approximately 2:45 PM, and attended the meeting virtually.  
2. Invocation and Pledge of Allegiance  
The Invocation was made by United Stated Army Chaplain Killian Moly.  
President Helms led the Pledge of Allegiance.  
3. Changes to Agenda/Postponements  
There were no changes to the Agenda.  
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:  
24-590  
4A.A.  
Ordinance No. 24-100 Creating A New Section 507 (Waiver Of Rights  
Of First Refusal And First Offer On Qualifying Multifamily Residential Or  
Mixed-Use Rental Properties) Of Part 5 (Acquisition And Disposition Of  
Real Property Interests) Of Article 2 (City Properties) Of Chapter 3  
(Public Property And Public Works) Of The Code Of The City Of  
Colorado Springs 2001, As Amended, As Related To Colorado House  
Bill 24-1175 And A Local Government's Right Of First Refusal And First  
Offer To Purchase Qualifying Property For The Purpose Of Providing  
Long-Term Affordable Housing Or Mixed-Income Development  
Presenter:  
Lynette Crow-Iverson, Council President Pro Tem and Councilmember  
At Large  
Attachments: ORD - Waiver of HB24-1175  
Signed Ordinance No. 24-100.pdf  
This Ordinance was finally passed on the Consent Calendar.  
24-610  
4A.B.  
Ordinance No. 24-102 repealing Ordinance No. 23-63 and Adopting the  
City of Colorado Springs - 2025 Salary Structure for Civilian and Sworn  
Municipal Employees  
Presenter:  
Myra Romero, Chief Human Resources and Risk Office  
Charae McDaniel, Chief Financial Officer  
Attachments: 2025 Salary Schedule  
SalarySchedule2025 - Ordinance  
Signed Ordinance No. 24-102.pdf  
This Ordinance was finally passed on the Consent Calendar.  
24-325  
4A.C.  
Ordinance No. 24-103 Making and Certifying the 2024 Tax Levy for  
Taxes Payable in 2025 at 3.554 Mills (comprised of a general operating  
mill levy of 4.279 mills and a temporary tax credit of 0.725 mills) Upon  
Each Dollar of Assessed Valuation of All Taxable Property and a Tax  
Credit of 3.554 Mills Upon Each Dollar of Assessed Valuation of All  
Taxable Business Personal Property Within the Corporate Limits of the  
City of Colorado Springs  
Presenter:  
Charae McDaniel, Chief Financial Officer  
Attachments: TaxLevy2025-BPPT_CreditORD SB23B  
Signed Ordinance No. 24-103.pdf  
This Ordinance was finally passed on the Consent Calendar.  
4A.D. ANEX-24-00 Ordinance No. 24-105 annexing the area known as Neagle-Dutcher  
08  
Family Addition Annexation located at 4105 Date Street consisting of  
1.01 acres.  
(Legislative)  
Presenter:  
Tamara Baxter, Planning Supervisor, Planning Department  
Kevin Walker, Planning Director, Planning Department  
Attachments: Annexation Ordinance - Neagle-Dutcher Family Addition Annexation  
Exhibit A_ Legal Description_Neagle-Dutcher Family Addition  
Neagle-Dutcher Family Addition_Formal Presenation_TPB  
7.5.701 ANNEXATION OF LAND  
Signed Ordinance No. 24-105.pdf  
This Ordinance was finally passed on the Consent Calendar.  
4A.E. ZONE-24-00 Ordinance No. 24-106 establishing a R-5 (Multi-Family High) zone  
05  
district for 0.23 acres located 4105 Date Street.  
(Legislative)  
Presenter:  
Tamara Baxter, Planning Supervisor, Planning Department  
Kevin Walker, Planning Director, Planning Department  
Attachments: Staff Report - Neagle-Dutcher Family Addition #1  
Attachment 1 - Petition  
Attachment 2 - Project Statement  
Attachment 3 - Land Use Statement  
Attachment 4 - Public Comments  
Attachment 5 - Public Comment Response  
Attachment 6 - Annexation Plat  
Attachment 7 - Legal Description  
Attachment 8 - Draft Annexation Agreement_6.4.24  
Attachment 9a - Zone Change Exhibit A  
Attachment 9b - Zone Change Exhibit B  
Attachment 10 - Mineral Estate Owner Notificaton Affadavit  
Staff Response to Public Comment  
7.5.704 ZONING MAP AMENDMENT (REZONING)  
Exhibit A-Neagle-Dutcher Family Addition ZC Exhibit  
Exhibit B-Neagle-Dutcher Family Addition ZC Exhibit  
Zoning Ordinance_Neagle-Dutcher Family Addition  
Signed Ordinance No. 24-106.pdf  
This Ordinance was finally passed on the Consent Calendar.  
4B. First Presentation:  
24-683  
4B.A.  
City Council Regular Meeting Minutes November 12, 2024  
Presenter:  
Sarah B. Johnson, City Clerk  
Attachments: 11-12-2024 City Council Meeting Minutes Final  
The Minutes were approved on the Consent Calendar.  
24-625  
4B.B.  
A Resolution of the City Council of the City of Colorado Springs,  
Colorado rescinding Resolution No. 136-19 and establishing fees and  
charges associated with the building permit applications for the  
Development Review Enterprise.  
(Legislative)  
Presenter:  
Dan Sexton, Development Review Enterprise Manager, Planning  
Department  
Kevin Walker, Planning Director, Planning Department  
Attachments: Proposed DRE Fee Schedule_962024  
Signed Resolution 136-19  
Res. 24-625 DRE Fee Schedule_1162024  
CC Presentation_Staff_DRE and LUR Fee Schedules_draft  
Exhibit A_DRE Fee Schedule 2024  
Signed Resolution No. 183-24.pdf  
This Resolution was adopted on the Consent Calendar.  
24-626  
4B.C.  
A Resolution of the City Council of the City of Colorado Springs,  
Colorado rescinding Resolution No. 77-23 and establishing fees and  
charges for land development applications administered by the Planning  
Department. (Legislative)  
Presenter:  
Kevin Walker, Planning Director, Planning Department  
Attachments: Proposed LUR Fee Schedule_962024  
Signed Resolution No. 77-23  
Res. 24-XXX_Land Development Fee Schedule_1162024  
Exhibit A_Land Development Fee Schedule 2024  
Signed Resolution No. 184-24.pdf  
This Resolution was adopted on the Consent Calendar.  
24-632  
4B.D.  
The April 1, 2025 General Municipal Election Mail Ballot plan  
Presenter:  
Sarah B Johnson, City Clerk  
Attachments: 2025 Mail Ballot Election Plan and Calendar (Final 2024-11-04).pdf  
This Item was approved on the Consent Calendar.  
24-668  
4B.E.  
The City Clerk reports that on November 7, 2024, there was filed with her  
a petition for the annexation of Southern Colorado Rail Park Addition No.  
1 Annexation. The City Clerk herewith communicates such to City  
Council and recommends that the petition and map be referred to the  
City Administration for review and recommendation regarding whether  
the petition is in substantial compliance with Section 31-12-107(1).  
Presenter:  
Sarah B. Johnson, City Clerk  
Attachments: SCRP - Petition for Annexation.pdf  
SCRP Addition No.1 Annexation Plat.pdf  
SCRP Vicinity Map.pdf  
This Item was approved on the Consent Calendar.  
24-617  
4B.F.  
An Ordinance of the City Of Colorado Springs, Colorado Approving and  
Authorizing the Execution and Delivery of Standby Letter of Credit and  
Reimbursement Agreement Between The City of Colorado Springs,  
Colorado and Sumitomo Mitsui Banking Corporation, Acting Through its  
New York Branch, and the Fee Agreement Between the City of Colorado  
Springs, Colorado and Sumitomo Mitsui Banking Corporation, Acting  
Through its New York Branch; and Ratifying Certain Action Heretofore  
Taken.  
Presenter:  
Travas Deal, Chief Executive Officer, Colorado Springs Utilities  
Adam Hegstrom, Treasury and Finance Manager, Colorado Springs  
Utilities  
Presenter:  
Travas Deal, Chief Executive Officer, Colorado Springs Utilities  
Adam Hegstrom, Treasury and Finance Manager, Colorado Springs  
Utilities  
Attachments: CSU Ordinance Approving LOC, 4890-5732-4777_5  
CC 11.26.24 - Letter of Credit Agmt  
This Ordinance was approved on first reading on the Consent Calendar.  
Approval of the Consent Agenda  
Motion by President Pro Tem Crow-Iverson, seconded by Councilmember  
Risley, 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 - Avila, Crow-Iverson, Donelson, Helms, Leinweber, O'Malley, Risley, and Talarico  
1 - Henjum  
Aye:  
Excused:  
5. Recognitions  
24-546  
5.A.  
A Resolution honoring December 7, 2024 as Pearl Harbor  
Remembrance Day  
Presenter:  
Randy Helms, Council President and Councilmember District 2  
Attachments: Pearl Harbor  
Signed Resolution No. 185-24.pdf  
President Helms read the Resolution honoring December 7, 2024 as Pearl  
Harbor Remembrance Day.  
Councilmember Donelson honored Donald Stratton, World War II Veteran,  
and recommended everyone read the book “All the Gallant Men: An  
American Sailor's Firsthand Account of Pearl Harbor”.  
Roger Fortin provided a brief overview of the weekly gathering of military  
veterans expressed gratitude for the recognitions.  
Motion by Councilmember Donelson, seconded by President Pro Tem  
Crow-Iverson, that the Resolution honoring December 7, 2024 as Pearl Harbor  
Remembrance Day be adopted. The motion passed by a vote of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Leinweber, O'Malley, Risley, and Talarico  
1 - Henjum  
Aye:  
Excused:  
24-669  
5.B.  
City Council Appointments to Boards, Commissions, and Committees  
Presenter:  
Randy Helms, Council President and Councilmember District 2  
Attachments: 11262024 Boards Commissions and Committee Appointments  
President Helms presented the City Council Appointments to Boards,  
Commissions, and Committees.  
Councilmember Risley expressed gratitude for the nominees who wish to  
serve on the Planning Commissions.  
Councilmember Donelson requested the biographies of the nominees be  
included in future Agenda packets.  
Motion by Councilmember Talarico, seconded by Councilmember Risley, that  
City Council Appointments to Boards, Commissions, and Committees be  
approved. The motion passed by a vote of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Leinweber, O'Malley, Risley, and Talarico  
1 - Henjum  
Aye:  
Excused:  
6. Mayor's Business  
24-689  
6.A.  
Appointment of Mark Tremmel to fill the vacancy of a five-year term, on  
the Colorado Springs Urban Renewal Authority Board, expiring on April  
1, 2027.  
Presenter:  
Travis Easton, Deputy Chief of Staff - Infrastructure and Development  
Attachments: Tremmel.pdf  
Travis Easton, Deputy Chief of Staff - Infrastructure and Development,  
presented the nominations to appoint Mark Tremmel, Robert “Bob”  
Riefstahl, and Mike Degrant to fill the vacancies on the Colorado Springs  
Urban Renewal Authority (CSURA) Board.  
President Helms asked who participated on the interviewing panel. Jariah  
Walker, Executive Director, CSURA, stated Mayor Yemi, President Helms,  
John Olson, President, CSURA Board and himself, Executive Director,  
CSURA  
President Helms stated these three nominees will be a positive  
contribution to the economic development of the CSURA.  
Motion by Councilmember Talarico, seconded by Councilmember Leinweber,  
that the Mayoral appointee Mark Tremmel to serve the remainder of an active  
Colorado Springs Urban Renewal Authority Board term beginning on November  
26, 2024, and expiring on April 1, 2027 be approve. The motion passed by a vote  
of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Leinweber, O'Malley, Risley, and Talarico  
1 - Henjum  
Aye:  
Excused:  
24-688  
6.B.  
Appointment of Robert “Bob” Riefstahl to fill the vacancy of a five-year  
term, on the Colorado Springs Urban Renewal Authority Board, expiring  
on April 1, 2028.  
Presenter:  
Travis Easton, Deputy Chief of Staff - Infrastructure and Development  
Attachments: Riefstahl.pdf  
Please see comments in Agenda item 6.A.  
Motion by Councilmember Leinweber, seconded by President Pro Tem  
Crow-Iverson, that the Mayoral appointee Bob Riefstahl to serve the remainder of  
an active Colorado Springs Urban Renewal Authority Board term beginning on  
November 26, 2024, and expiring on April 1, 2028 be approved. The motion  
passed by a vote of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Leinweber, O'Malley, Risley, and Talarico  
1 - Henjum  
Aye:  
Excused:  
24-691  
6.C.  
Appointment of Mike Degrant to fill the vacancy of a five-year term, on  
the Colorado Springs Urban Renewal Authority Board, expiring on April  
1, 2028.  
Presenter:  
Travis Easton, Deputy Chief of Staff - Infrastructure and Development  
Attachments: DeGrant.pdf  
Please see comments in Agenda item 6.A.  
Motion by President Pro Tem Crow-Iverson, seconded by Councilmember Risley,  
that Mayoral appointee Mike Degrant to serve the remainder of an active  
Colorado Springs Urban Renewal Authority board term beginning on November  
26, 2024, and expiring on April 1, 2028 be approved. The motion passed by a vote  
of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Leinweber, O'Malley, Risley, and Talarico  
Aye:  
1 - Henjum  
Excused:  
7. Citizen Discussion For Items Not On Today's Agenda  
Citizen Alec Lancona spoke about the issue relating to people  
experiencing homelessness and public safety.  
Citizens Jessica Williams Ken Pfeil, Principal, Trailblazer Elementary,  
(Amanda Rogers ceded their time to Chris Johnson), (Audry Rogers ceded  
their time to Karla Powers, Save Rockrimmon Library), Veronica Baker,  
Steve Witt, Natalie Becker, Andrew Bacon, Lisa Bigelow, Skipp Haffner,  
Kat Gayle, Eden Hoobler, Sarah Hoobler, (Jackie Ostrom ceded their time  
to Joe Pelka), Stephanie Austjen, and Dana Duggan spoke in opposition  
of the closing of the Rockrimmon-Library branch of the Pikes Peak Library  
District (PPLD).  
8. Items Called Off Consent Calendar  
There were no items called off the Consent Calendar.  
9. Utilities Business  
There was no Utilities Business.  
10. Unfinished Business  
24-326  
10.A.  
Annual Appropriation Ordinance No. 24-104 Adopting the Annual  
Budget and Appropriating Funds for the Several Purposes Named in  
Said Budget for the Year Ending December 31, 2025  
Presenter:  
Charae McDaniel, Chief Financial Officer  
Attachments: 2025 Budget Ordinance-11.2024  
Signed Ordinance No. 24-104.pdf  
Charae McDaniel, Chief Financial Officer, presented the Ordinance  
adopting the Annual Budget and appropriating funds for the several  
purposes named in said Budget for the year ending December 31, 2025.  
Citizens Angelina Martinez and Rayleen Moreno requested the City  
address the mental health issues within the community.  
Motion by Councilmember Avila, seconded by Councilmember Talarico, that the  
annual appropriation Ordinance adopting the annual budget and appropriating  
funds for the several purposes named in said budget for the year ending  
December 31, 2025 be finally passed. The motion passed by a vote of 8-0-1-0  
8 - Avila, Crow-Iverson, Helms, Henjum, Leinweber, O'Malley, Risley, and Talarico  
Aye:  
1 - Donelson  
No:  
11. New Business  
24-652  
11.A.  
An Ordinance amending sections of Part 2 (allowed use and tables) and  
Part 3 (Use-Specific standards) of Article 3 (Use and Regulations) and  
Section 1003 (parking space requirement by use) of Part 10 (Parking  
and Loading) of Article 4 (Development Standards and Incentives) and  
Part 3 (Definitions) of Article 6 (Definitions and rules of construction) of  
Chapter 7 (Unified Development Code) of the Code of the City of  
Colorado Springs 2001, as amended, pertaining to Natural Medicine.  
Presenter:  
Kevin Walker, Planning Director  
Attachments: UDC-NaturalMedicineORD_MEO_CPC_Version_Clean  
Natural_Medicine_1Mile_v3  
Initiative-58- Natural Medicine Act  
City Council Natural Medicine 11-12-24 presentation final  
Kevin Walker, Planning Director, Planning Department, presented the  
Ordinance amending City Code pertaining to Natural Medicine. He stated  
the approval of Proposition 122 allows certain land uses in the state related  
to psilocybin use effective January 1, 2025, this Ordinance will identify the  
zones and requirements for those land uses, adopt regulations that allow  
the uses in City limits by additions to the Unified Development Code. Mr.  
Walker provided an overview of the issues for drafting a local regulation,  
and highlights of the proposed Ordinance.  
Councilmember Donelson requested a map of where healing centers will  
be permitted. Mr. Walker identified the potential location areas on a map.  
Councilmember Leinweber asked how far a liquor store is permitted to be  
from a school. Mr. Walker stated 1,000 feet.  
Councilmember Leinweber asked how far vaping product stores need to  
be from a school. Mr. Walker stated those are not regulated by the Zoning  
Code  
Councilmember Leinweber stated he does not support the one-mile  
setback from schools because he would like to see healing centers in  
medical offices and in locations which make this treatment more available  
to patients who need it and people under the age of 21 would not be  
permitted to enter these facilities. Mr. Walker stated because children are  
a vulnerable population, the Zoning Code restricts certain uses from areas  
where children congregate.  
Councilmember Leinweber asked if the City could limit the number of  
healing centers per City Council district. Mr. Walker confirmed it could.  
Councilmember Henjum stated these healing centers are very different  
from medical/retail marijuana and asked who was involved in the drafting  
the Ordinance. Mr. Walker stated the City Attorney’s Office, Planning  
Departments in Oregon, El Paso County, and the Mayor’s Office, and  
reviewed the Healing Advocacy Fund data.  
Councilmember Henjum asked if staff has spoken with anyone who has  
used psilocybin. Mr. Walker stated they have not.  
Councilmember Henjum asked if why the Planning Commission changed  
the setback to one thousand feet. Mr. Walker stated they felt the use was  
too restricted.  
Councilmember Talarico requested additional information regarding the  
City’s oversight of time, place, and manner. Mr. Walker stated it means the  
City may use zoning actions to regulate the use of the property.  
Councilmember Avila stated she is intrigued with having two or three  
healing centers in each City Council District in order make it equitable.  
Councilmember Donelson asked how many usable offices are located in  
the proposed zoning areas. Mr. Walker stated there are several dozen  
buildings located in those areas, but he does not know how many are  
available for rent.  
Councilmember Leinweber stated he supports a one-thousand feet  
setback and one healing center per City Council District.  
Citizens (Jessica Langley ceded their time to Nate Miller), (Abe Sanchez  
ceded their time to Tasia Poinsatte), Tamara Whiting-Latham, Scott  
DeWalt, (Dante Liberato ceded their time to Kenny Stahl), Vincent Bruno,  
Patrick Treptow, Benjy Dezeval, Dylan Ruane, Lane Belem, Tori Honor,  
and Sharay Martinez spoke in favor of healing centers with less of a  
restrictive setback.  
Councilmember Henjum asked Dr. Miller what he recommends for the City  
to ensure access to healing centers while supporting safety. Dr. Miller  
stated by proceeding cautiously and the type of facilitators which are  
permitted to introduce psilocybin to the community.  
Councilmember Leinweber asked if there is a chance for an adverse  
reaction for any prescribed mental health medication. Dr. Miller confirmed  
there is.  
Councilmember Leinweber asked if there should be a medical provider on  
site at the healing facilities. Dr. Miller stated there are tools in place to  
escalate to an appropriate level of higher care without the provider being  
on site.  
Councilmember Henjum asked Mr. Treptow if his counselor noticed  
positive changes in his mental health after taking psilocybin and if he was  
able to stop using other substances after taking psilocybin. Mr. Treptow  
confirmed both were correct.  
Councilmember Henjum asked Mr. Treptow if he would be willing to receive  
psilocybin treatments from a licensed facilitator. Mr. Treptow confirmed he  
would.  
Councilmember Leinweber stated these healing centers need to be  
accessible, available and safe, but he believes a mile radius setback is too  
extreme.  
Councilmember Avila stated the mile radius setback will make healing  
centers not accessible, this natural product seems to help a lot of  
individuals, and she would like to see at least one healing center in each  
City Council District.  
Councilmember Henjum stated this community has the highest suicide rate  
in the state with one in four being a veteran and would like to amend the  
Ordinance to a 1,000-foot setback from schools and childcare facilities and  
require a clinical facilitator who is practicing at their existing office space  
as long as they're within ten minutes of a medical facility or a healing center  
that is co-located within a medical facility.  
Councilmember Leinweber asked if the condition of ten minutes of a  
medical facility can be enforced. Mr. Walker stated would be problematic  
of a regulatory function and would need to be more definitive. Mr. Walker  
stated requiring the healing center to be located near emergency services  
would also be restrictive and most emergency calls are responded to by  
the Colorado Springs Fire Department/and or ambulance services  
Councilmember Henjum removed those recommended conditions.  
Councilmember Henjum asked if healing centers are already required to  
have a clinical facilitator on site. Ms. Poinsatte stated there are two license  
types for facilitators, a facilitator and a clinical facilitator, who also holds a  
license to practice medicine or psychotherapy.  
Ben Bolinger, Legislative Counsel, City Attorney’s Office, stated the  
1,000-foot setback is already mandated by the State so City Council  
cannot reduce that setback, only expand it and they cannot amend the  
State licensing requirements and restrict healing centers to only have  
clinical facilitators. Ms. Poinsatte stated there is a provision in State statute  
which allows local jurisdictions to reduce or waive the 1,000-foot setback.  
Mr. Bolinger stated the City cannot restrict licensed facilitators from  
operating within the City.  
Councilmember Risley stated he is concerned about putting regulatory  
requirements in a Chapter 7 Code amendment for land use. Mr. Bolinger  
stated City Council should only consider land use as it relates to the  
Ordinance.  
Councilmember Henjum asked if this Ordinance could be postponed. Mr.  
Bolinger stated that on December 31, 2024, the State will begin taking  
licensing applications so prior to that date is City Council’s opportunity to  
regulate the land use. Councilmember Henjum asked how many  
applications they are anticipating during the first ten days of the new year.  
Ms. Poinsette stated most jurisdictions are taking a “wait and see”  
approach with the expectation that a majority of businesses are not going  
to pursue licensure immediately.  
Councilmember O’Malley stated they should move forward with the  
amendment and the original vote.  
Councilmember Donelson stated he believes there are medical benefits  
from the use of psilocybin, but the citizens of Colorado Springs did not vote  
in favor of it so he will not support reducing the setback to 1,000 feet.  
Councilmember Avila stated she feels the one-mile setback is too  
restrictive and requested an amendment reducing the setback to 2,000  
feet.  
Motion by Councilmember Henjum, seconded by Councilmember Leinweber,  
that the Ordinance be amended to change the setback from one mile to 1,000  
feet. The motion failed by a vote of 3-6-0-0.  
3 - Avila, Henjum, and Leinweber  
Aye:  
No:  
6 - Crow-Iverson, Donelson, Helms, O'Malley, Risley, and Talarico  
Councilmember Leinweber made a motion to change the setback to 2,000  
feet and limit the number of healing facilities to two in each City Council  
District. Mr. Bolinger stated limitations on the number of healing centers  
operating would be a very problematic fit for the Zoning Codes and City  
Council Districts change constantly, so if Council wants a geographical  
limitation, they may want to choose a different a way of defining it.  
Councilmember Leinweber withdrew his condition to limit the number of  
healing centers.  
Motion by Councilmember Leinweber, seconded by Councilmember Avila, that  
the Ordinance be amended to change the setback from one mile to 1,000 feet.  
The motion failed by a vote of 3-6-0-0.  
3 - Avila, Henjum, and Leinweber  
Aye:  
No:  
6 - Crow-Iverson, Donelson, Helms, O'Malley, Risley, and Talarico  
Councilmember Leinweber asked if they could require a setback between  
healing centers. Sarah Brewen, Attorney, City Attorney’s Office, stated all  
of the natural medicine businesses with the exception of the testing center  
can be co-located. She said the only distinction is that they cannot be  
co-located with marijuana or alcohol.  
Councilmember Avila asked what the State’s setback requirements are for  
cultivation, manufacture and testing. Ms. Brewer stated the State does not  
have any setback restrictions for those, but the proposed Ordinance  
requires a 1,000-foot setback for cultivation, manufacture, and testing, and  
a one-mile setback for healing centers.  
Motion by Councilmember O'Malley, seconded by President Pro Tem  
Crow-Iverson, that the Ordinance amending Part 2 and Part 3 of Article 3, and  
Section 1003 of Part 10, of Article 4, and Part 3 of Article 6; of Chapter 7 (Unified  
Development Code) of the Code of the City of Colorado Springs 2001, as  
amended, pertaining to natural medicine land use regulations be approved on  
first reading. The motion passed by a vote of 6-3-0-0  
6 - Crow-Iverson, Donelson, Helms, O'Malley, Risley, and Talarico  
3 - Avila, Henjum, and Leinweber  
Aye:  
No:  
12. Public Hearing  
12.A. ZONE-24-00 Ordinance No. 24-101 to amend the zoning map of the City of Colorado  
09  
Springs pertaining to 40.20 acres located at the intersection of North  
Powers Boulevard and Interquest Parkway/Highway 83 from A  
(Agricultural) to MX-M (Mixed-Use Medium Scale). (Quasi-Judicial) (2nd  
Reading)  
Presenter:  
Kyle Fenner, Senior Planner, Planning Department  
Kevin Walker, Planning Director, Planning Department  
Attachments: Staff_Report_Jovenchi RV & Kettle Crk LUPL_Final v.3.  
Attachment 1_Project Statement  
Attachment 2_Applicant Response to Ojection  
Attachment 3_Applicant Response to Negative Citizen Comment  
Attachment 4_Combined Public Comment & Staff Responses  
Attachment 5_Powers-State Highway 83 Agreement_ORD 183-02  
Attachment 6_Zone Change Exhibit Jovenchi Parcels 1-4  
Attachment 7_Kettle Creek Center LUP Exhibit  
Exhibit A - Legal Desc. Parcels 1-4  
Exhibit B - Parcels 1-4  
Ordinance_ZONE-24-0009_Jovenchi Parcels 1-4  
PUBLIC COMMENT #2_ZONE-24-0009_LUPL-24-0007  
7.5.704 ZONING MAP AMENDMENT (REZONING)  
CPC_Minutes_10.9.24 Draft  
Signed Ordinance No. 24-101.pdf  
Kyle Fenner, Senior Planner, Planning Department, presented the  
Jovenchi-Kettle Creek zone change from A (Agricultural to MX-M  
(Mixed-Use Medium Scale) and land-use plan pertaining to 40.20 acres  
located at the intersection of North Powers Boulevard and Interquest  
Parkway/Highway 83. She provided an overview of the vicinity map,  
applications, project summary, site plan, background, surrounding land  
uses, stakeholder involvement, timeline of review, agency review, PlanCOS  
compliance, application review criteria, and City Council motions.  
Councilmember Donelson asked if there was a unanimous approval by the  
Planning Commission. Ms. Fenner stated they voted 7-2 in favor of the  
zone change and 6-3 in favor of the land use plan and the negative votes  
were largely due to traffic concerns.  
Councilmember Risley stated there was an agreement with the Colorado  
Department of Transportation (CDOT) that there would be a full-movement  
access intersection at this site.  
President Helms believes traffic issues will be resolved once the Powers  
Boulevard corridor is completed.  
Jason Alwine, Matrix Design Group representing the applicant, identified  
the proposed commercial land uses, traffic concerns, where the full  
movement intersections will be located, access points, logical utility  
extensions, and stormwater improvements.  
Councilmember Donelson requested additional information regarding the  
full movement intersections. Mr. Alwine stated they will be lighted four-way  
intersections.  
Citizen Barb Newland spoke in opposition to the project.  
Mr. Alwine stated this site was previously identified as commercial in the  
Briargate Master Plan, according to Planning criteria, this is a great  
intersection for commercial development, and their Traffic Study was  
submitted and approved by the City’s Traffic Engineering Department and  
CDOT.  
President Helms stated he is very familiar with the traffic in this area, but he  
is confident the improvements being made in the next few years will fix  
many of the traffic issues and he supports this project.  
Councilmember Avila requested additional information regarding the weigh  
station. Ms. Fenner stated Highway Patrol periodically sets up portable  
weigh stations due to truckers using Highway 83 to bypass the weigh  
station on Interstate 25.  
Motion by Councilmember O'Malley, seconded by Councilmember Risley, that  
the Ordinance No. 24-101 amending the zoning map of the City of Colorado  
Springs to 40.20 acres located at the intersection of North Powers Boulevard and  
Interquest Parkway/Highway 83 from A (Agricultural) to MX-M (Mixed-Use Medium  
Scale) be finally passed. The motion passed by a vote of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Leinweber, O'Malley, Risley, and Talarico  
1 - Henjum  
Aye:  
Excused:  
12.B. LUPL-24-000 Establishing the Kettle Creek Center Land Use Plan for proposed  
7
commercial uses consisting of 40.20 acres located at the intersection of  
North Powers Boulevard and Interquest Parkway/Highway 83.  
(Quasi-Judicial)  
Presenter:  
Kyle Fenner, Senior Planner, Planning Department  
Kevin Walker, Director, Planning Department  
Attachments:  
ZONE-24-0009 & LUPL-24-0007 Jovenchi ZC_Kettle Creek Ctr  
LUP_Council_2024.11.26_FINAL  
7.5.514 LAND USE PLAN  
Please see comments in Agenda item 12.A.  
Motion by Councilmember Leinweber, seconded by Councilmember Talarico,  
that the Kettle Creek Center Land Use Plan related to 40.20 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 be approved. The motion passed by a vote  
of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Leinweber, O'Malley, Risley, and Talarico  
1 - Henjum  
Aye:  
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 3:12 PM.  
Sarah B. Johnson, City Clerk