City of Colorado Springs  
Regional Development Center (Hearing Room)  
2880 International Circle  
Meeting Minutes  
Wednesday, January 10, 2024  
9:00 AM  
Regional Development Center (Hearing Room)  
2880 International Circle  
Planning Commission  
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1. Call to Order and Roll Call  
7 -  
Present:  
Commissioner Almy, Commissioner Briggs, Commissioner Hensler, Commissioner  
Hente, Commissioner Cecil, Commissioner Rickett and Chair Slattery  
2 - Vice Chair Foos and Commissioner McMurray  
Excused:  
2.A Approval of the Minutes  
2.A.A.  
Minutes for the December 13, 2023 Planning Commission Meeting  
Presenter:  
Andrea Slattery, City Planning Commission Chair  
Motion by Commissioner Rickett, seconded by Commissioner Hente, to approve  
the minutes for the December 13, 2023 Planning Commission Meeting. The  
motion passed by a vote of 7:0.  
7 -  
Aye:  
Commissioner Almy, Commissioner Briggs, Commissioner Hensler, Commissioner  
Hente, Commissioner Cecil, Commissioner Rickett and Chair Slattery  
2 - Vice Chair Foos and Commissioner McMurray  
Absent:  
2.B. Changes to Agenda/Postponements  
Arrowswest Apartments  
2.B.A. CUDP-23-00 A Conditional Use Development Plan to allow a 228-unit multi-family  
dwelling in the MX-M (Mixed Use Medium Scale) zone district  
consisting of 9.47 acres located at 4145 Arrowswest Drive.  
(Quasi-Judicial)  
Presenter: William Gray, Senior Planner, Planning & Community  
Development  
Motion by Commissioner Rickett, seconded by Commissioner Hente, to  
postpone this item to a date uncertain. The motion passed by a vote of 6:0.  
6 -  
Aye:  
Commissioner Almy, Commissioner Briggs, Commissioner Hensler,  
Commissioner Hente, Commissioner Rickett and Chair Slattery  
2 - Vice Chair Foos and Commissioner McMurray  
Absent:  
Abstain:  
1 - Commissioner Cecil  
2.B.B. SUBD-23-00 A Subdivision Final Plat to allow eight (8) platted lots to be combined  
into one (1) lot subdivision in the MX-M (Mixed Use Medium Scale)  
zone district consisting of 9.47 acres located at 4145 Arrowswest  
Drive. (Quasi-Judicial).  
Presenter: William Gray, Senior Planner, Planning & Community  
Development  
Motion by Commissioner Rickett, seconded by Commissioner Hente, to  
postpone this item to a date uncertain. The motion passed by a vote of 6:0.  
6 -  
Aye:  
Commissioner Almy, Commissioner Briggs, Commissioner Hensler,  
Commissioner Hente, Commissioner Rickett and Chair Slattery  
2 - Vice Chair Foos and Commissioner McMurray  
Absent:  
Abstain:  
1 - Commissioner Cecil  
Banning Lewis Ranch Village B2  
2.B.C. MAPN-23-00 A major amendment to the Banning Lewis Ranch Village B2 Master  
Plan changing the existing land use classifications of R, RL, RM, RH,  
R, NR, ES to the following land use classifications PRO, RES-M and  
COM consisting of 511.20 acres located north of Tamlin Road and  
east of Dublin Boulevard and Banning Lewis Parkway.  
(Legislative)  
Presenter:  
Tamara Baxter, Senior Planner, Planning & Community Development  
Motion by Commissioner Rickett, seconded by Commissioner Hente, to  
postpone this item to the March 13, 2024, Planning Commission Meeting. The  
motion passed by a vote of 7:0  
7 -  
Aye:  
Commissioner Almy, Commissioner Briggs, Commissioner Hensler,  
Commissioner Hente, Commissioner Cecil, Commissioner Rickett and Chair  
Slattery  
2 - Vice Chair Foos and Commissioner McMurray  
Absent:  
2.B.D. ZONE-23-00 A zone change consisting of 9.2 acres located at the northeast corner  
of Dublin Boulevard and Banning Lewis Parkway from  
PDZ/R5/AP-O/SS-O (Planned Development Zone District and  
Multi-Family Residential with Airport and Streamside Overlays) to  
MX-M/AP-O/SS-O (Mixed-Use Medium Scale with Airport and  
Streamside Overlays).  
(Quasi-Judicial)  
Presenter:  
Tamara Baxter, Senior Planner, Planning & Community Development  
Motion by Commissioner Rickett, seconded by Commissioner Hente, to  
postpone this item to the March 13, 2024, Planning Commission Meeting. The  
motion passed by a vote of 7:0  
7 -  
Aye:  
Commissioner Almy, Commissioner Briggs, Commissioner Hensler,  
Commissioner Hente, Commissioner Cecil, Commissioner Rickett and Chair  
Slattery  
2 - Vice Chair Foos and Commissioner McMurray  
Absent:  
2.B.E. COPN-23-00 Establishment of the Banning Lewis Ranch Village B2 Concept Plan  
for proposed commercial consisting of 9.2 acres located at the  
northeast corner of Dublin Boulevard and Banning Lewis Parkway.  
(Quasi-judicial)  
Presenter:  
Tamara Baxter, Senior Planner, Planning & Community  
Development..Body  
Motion by Commissioner Rickett, seconded by Commissioner Hente, to  
postpone this item to the March 13, 2024, Planning Commission Meeting. The  
motion passed by a vote of 7:0  
7 -  
Aye:  
Commissioner Almy, Commissioner Briggs, Commissioner Hensler,  
Commissioner Hente, Commissioner Cecil, Commissioner Rickett and Chair  
Slattery  
2 - Vice Chair Foos and Commissioner McMurray  
Absent:  
2.B.F. PUDZ-23-00 A zone change consisting of 502 acres located at the northeast  
corner of Dublin Boulevard and Banning Lewis Parkway from  
PDZ/R-5-cr/R-1 6/MX-M-cr/AP-O/SS-O (Planned Development Zone  
District, Multi-Family High Residential with Conditions of Record,  
Single Family-Medium Residential, Mixed-Use Medium Scale with  
Conditions of Record, and Airport and Streamside Overlays) to  
PDZ/AP-O/SS-O (Planned Development Zone District with Airport  
and Streamside Overlays: single-family and/or two-family residential;  
density of 3.5-7.99 du/ac; and a maximum building height of 35 feet).  
(Quasi-Judicial)  
Presenter:  
Tamara Baxter, Senior Planner, Planning & Community Development  
Attachments: PDZ Rezone  
Motion by Commissioner Rickett, seconded by Commissioner Hente, to  
postpone this item to the March 13, 2024, Planning Commission Meeting. The  
motion passed by a vote of 7:0  
7 -  
Aye:  
Commissioner Almy, Commissioner Briggs, Commissioner Hensler,  
Commissioner Hente, Commissioner Cecil, Commissioner Rickett and Chair  
Slattery  
2 - Vice Chair Foos and Commissioner McMurray  
Absent:  
2.B.G. PUDC-23-00 Establishment of the Banning Lewis Ranch Village B2 PDZ Concept  
Plan to allow for single-family and/or two-family residential with  
medium residential density (3.5-7.99 du/ac and a maximum building  
height of 35 feet) consisting of 502 acres located north of Tamlin  
Road and East of Dublin Boulevard and Banning Lewis Parkway  
extension. (Quasi-judicial)  
Presenter:  
Tamara Baxter, Senior Planner, Planning & Community Development  
Motion by Commissioner Rickett, seconded by Commissioner Hente, to  
postpone this item to the March 13, 2024, Planning Commission Meeting. The  
motion passed by a vote of 7:0  
7 -  
Aye:  
Commissioner Almy, Commissioner Briggs, Commissioner Hensler,  
Commissioner Hente, Commissioner Cecil, Commissioner Rickett and Chair  
Slattery  
2 - Vice Chair Foos and Commissioner McMurray  
Absent:  
2.B.H. SUBD-23-00 A Vacation of Public Right-of-Way of Vista Del Oro Boulevard and  
portions of public right-of-way of Dublin Boulevard and Banning  
Lewis Parkway consisting of 35.856 acres located north of Tamlin  
Road and east of Dublin Boulevard and Banning Lewis Parkway.  
(Legislative)  
Presenter:  
Tamara Baxter, Senior Planner, Planning & Community Development  
Attachments: Vacation Plat  
Motion by Commissioner Rickett, seconded by Commissioner Hente, to  
postpone this item to the March 13, 2024, Planning Commission Meeting The  
motion passed by a vote of 7:0  
7 -  
Aye:  
Commissioner Almy, Commissioner Briggs, Commissioner Hensler,  
Commissioner Hente, Commissioner Cecil, Commissioner Rickett and Chair  
Slattery  
2 - Vice Chair Foos and Commissioner McMurray  
Absent:  
3. Communications  
Peter Wysocki - Planning + Neighborhood Services Director  
Peter Wysocki, Planning + Neighborhood Services Director, expressed  
gratitude towards Elena Lobato for her assistance and mentioned her in  
acknowledgment. He also added a lighthearted note by mentioning that it's  
National Take the Stairs Day and shared it as his "pearls of wisdom" for  
the day.  
4. Consent Calendar  
These items will be acted upon as a whole, unless a specific item is called for  
discussion by a Commissioner/Board Member or a citizen wishing to address the  
Commission or Board. (Any items called up for separate consideration shall be acted  
upon following the Consent Vote.)  
903 Swope Avenue  
4.A.  
ZONE-23-00 Ordinance No. 24-11 amending the zoning map of the City of  
Colorado Springs pertaining to 7500 square feet located at 903  
Swope Avenue from R-1 6 (Single-Family - Medium) to R2  
(Two-Family).  
25  
(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  
Motion to recommend approval to City Council 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. The  
motion passed by a vote of 7:0.  
Interquest Marketplace Honda  
4.B.  
CUDP-23-00 A Conditional Use to allow for retail sales and service of motorized  
vehicles in the PDZ zone district consisting of 5.452 acres located at  
1070 Interquest Parkway.  
(Quasi-Judicial)  
Presenter:  
Kyle Fenner, Senior Planner, Planning + Neighborhood Services  
Motion to approve the condition use based upon the finding that the request  
complies with the criteria as set forth in City Unified Development Code  
Section 7.5.601. The motion passed by a vote of 7:0.  
Trace Church  
4.C.  
CUDP-23-00 A conditional use to allow a religious institution use in the Light  
Industrial (LI) zone district consisting of 5.93 acres located at 4330  
Mark Dabling Boulevard.  
Presenter:  
Allison Stocker AICP, Planner II, Planning + Neighborhood Services  
Motion to approve the conditional use to allow a religious institution in the  
Light Industrial (LI) zone district located at 4330 Mark Dabling Boulevard  
based on the applications conformance with Section 7.5.601. The motion  
passed by a vote of 7:0.  
5. Items Called Off Consent Calendar  
6. Unfinished Business  
7. New Business  
Royal Pine Apartments  
7.A.  
COPN-23-00 A Major Amendment to the Market at Pine Creek Concept Plan  
changing 7.87 acres from Commercial to Commercial/Residential  
located at 4150 Royal Pine Drive.  
(Quasi-Judicial)  
Presenter:  
Logan Hubble, Planner II, Planning + Neighborhood Services  
Katelynn Wintz, Planning Supervisor, Planning + Neighborhood  
Services  
Katelynn Wintz, Planning Supervisor, presented the scope of project.  
The applicant, Eric Grodahl , the developer of DBG Properties, presented  
the scope of the project. Steve Posey, Chief Housing Officer, also  
presented the scope of the project. Harish Parikh, the president of Santaan  
Architecture, also presented the scope of the project. Cassie Slade, traffic  
engineer with Fox Total Transporation Group, presented the traffic study  
portion of the project.  
Questions from commissioners  
Commissioner Rickett inquired what the city’s aim for affordable housing is  
per year. Mr. Posey responded the current commitment on producing  
affordable housing is 758 units per year.  
Commissioner Briggs asked if Mr. Posey could explain the public access  
and how the city views bonds. Mr. Posey explained that the financing for the  
project involves private activity bonds, which are a form of tax-exempt bond  
financing. The City Council had passed a preliminary inducement  
resolution the previous year, signifying that the project meets the criteria for  
such financing. However, the formal issuance of bonds for financing will  
only occur if the necessary approvals, including land development and  
project titles, are completed. Once these approvals are in place, the  
department will bring forward a formal bond ordinance to facilitate the  
financing and support the construction of the project.  
Commissioner Hensler sought clarification on the interaction between  
Proposition 123 funds and private activity bonds. The specific inquiry was  
about how the funds from Proposition 123 align or interact with the use of  
private activity bonds in the context of the discussed project.  
Mr. Posey explained that there is a relationship between Proposition 123  
funds and the project in the sense that these funds, made available by the  
state, can serve as a financing tool for housing projects. However, he  
clarified that, to his knowledge, this specific project will not include  
Proposition 123 funds. Despite this, the number of housing units in this  
project contributes to the city's overall annual goal of 758 units. Mr. Posey  
highlighted that any funds not utilized by this project could be allocated to  
other projects in the future, potentially providing additional funding for such  
initiatives.  
Commissioner Cecil raised a question regarding the Area Median Income  
(AMI) levels, noting that they appear to be higher than the income levels  
presented in the meeting. Specifically, she inquired whether these AMI  
levels were calculated based on the 2022 HUD (U.S. Department of  
Housing and Urban Development) levels.  
Mr. Grodahl clarified that the calculation of Area Median Income (AMI) was  
influenced by the number of people living in a housing unit. He simplified  
the concept for the Commission, mentioning that the presented levels of  
60%, 70%, and 30% of AMI had nuances based on family size and unit  
size. He acknowledged that income levels for one-bedroom, two-bedroom,  
and three-bedroom units differed. Additionally, he anticipated a significant  
increase in these income levels in 2024.  
Commissioner Briggs directed a question inquiring about whether there  
was any Private Activity Bond (PAB) funding obtained for Academy  
Heights. Mr. Grodahl confirmed that they did receive PAB funding,  
specifying an allocation of $22 million through Steve Posey with the city. He  
mentioned that the financing structure was similar to Academy Heights,  
although the income mix for the project was different. When asked about  
the income levels for Academy Heights, Mr. Grodahl stated they were at  
30%, 60%, and 70% of the Area Median Income (AMI). Commissioner  
Briggs sought clarification on the amount received, to which Mr. Grodahl  
confirmed it was $22 million. Additionally, Commissioner Briggs had a  
question regarding height restrictions, considering it might be for staff or  
the developer, seeking information on the inside and outside height  
restrictions.  
Katelynn Wintz, Planning Supervisor stated the clubhouse was within one of  
the three lots subject to a 38-foot maximum building height restriction as  
per the established concept plan. She clarified that lots 4, 5, and 6 were  
affected by this restriction. The lots outside this restriction, specifically  
those other than lots 4, 5, and 6, were not bound by the 38-foot limit but  
instead were subject to the maximum building height of the zone district,  
which, in this case, was 45 feet. She noted that the developer was  
complying with the height requirements outlined for the proposed  
development.  
Commissioner Hensler inquired about elevation or grade changes  
between the street level and the east side of the building, expressing  
concern that it wasn't clearly depicted in the graphic. Mr. Grodahl  
acknowledged that there was a very slight elevation change, approximately  
a 5-foot rise, accounting for about a 1% slope. Commissioner Hensler  
thanked him for the clarification, noting the minimal impact of the elevation  
change.  
Commissioner Rickett asked whether the yearly analysis was based on the  
concept plan or the development plan. Ms. Slade responded the yearly  
analysis considered both the concept plan and the development plan.  
Initially, the concept plan had around 8,400 allocated trips for the entire site.  
The analysis accounted for changes in the parcels, removing what was  
previously possible and incorporating the proposed changes. As a result,  
there was a 60% reduction in traffic compared to the full land use scenario.  
Commissioner Hensler asked about the proposed uses assumed for the  
previous development plan. Ms. Slade responded, noting that the previous  
development plan assumed all commercial uses at a high intensity,  
encompassing office, retail, and various general commercial activities. The  
calculation involved averaging these uses to determine the expected traffic  
under that plan. In comparison, the previous plan projected about 500 trips  
per day per acre, while the current proposal anticipates only 200 trips per  
day per acre.  
Commissioner Briggs inquired about the intention for the area, asking if  
there was a plan for additional commercial development or if it would be  
solely residential. Mr. Grodahl responded, stating that they were under  
contract for 7.87 acres, and the current intention was for 100% residential  
use. He mentioned that a portion of the master plan remained vacant, but  
they had no control over it. Katelynn Wintz, Planning Supervisor, stated the  
concept plan for the remaining parcel, which the developer indicated they  
were not in control of, had the capability to be developed in accordance  
with the concept plan and zoning code. The zoning code at that time  
designated the parcel for commercial uses only. Ms. Wintz mentioned that,  
potentially, the parcel could be developed as commercial uses, though  
forecasting into the future was uncertain. She also noted the potential for a  
future user to request modifications to the land uses, allowing for different  
use types supported by the zone district. Commissioner Briggs inquired  
about the consideration of potential future development that could impact  
the same road structure in the traffic analysis. In response, it was  
discovered the specific traffic study referenced was focused on the  
concept plan. It was explained 8,400 sub-trips were based on the outlying  
commercial lot mentioned earlier. The analysis primarily concentrated on  
the remaining lots proposed for multifamily development, resulting in a 60%  
reduction in trip generation compared to the concept plan. It was  
emphasized that even if the outlying property was developed as  
commercial in the future, the overall site trip generation would still be well  
under the cap outlined in the concept plan due to the reduction in traffic  
from the residential component on the 8 acres planned for Royal Pine  
development. The remaining 4 acres could have been developed for any  
type of use, and the overall trip generation would still have been less than  
what was outlined in the concept plan.  
Commissioner Hensler asked about the landscape plans and whether  
there was anticipated fencing around the site to separate it from adjacent  
businesses. Mr. Grodahl responded that the plan included landscaping,  
and while there were carports along a portion of the parking lot to act as a  
buffer, there was no fencing. He also mentioned an amenity portion on the  
site plan designed to buffer the development from neighboring businesses.  
Mr. Parikh responded that the idea of making it a gated community could  
not be implemented due to the integrated nature of the plan, which involved  
commercial development in the southeast corner, interconnected  
roundabouts, and an overall master plan. Fencing off just their portion  
would not be practical. Additionally, he addressed the egress and  
confirmed that there were two access points, which also served as part of  
the fire egress, allowing entry to the residential development.  
Public comment  
The following citizen’s spoke in support of this project, advocating for the  
project's positive impact on people's lives and its convenient location. They  
spoke in support for the need of attainable and workforce housing units in  
the area, particularly for the citizens working in nearby facilities like  
Children's Hospital and the military workforce. They also urged community  
collaboration to solve this housing issue and ensure that every member of  
the city has a place to call home. The citizens who spoke in support of this  
project were Chantel Smith, Thomas Garming, Jill Gaebler, Devon  
Camacho, Luanne Magee, Lee Patke and Ms. Marla.  
The following citizen’s spoke in opposition of this project, highlighting the  
issues of adequacy parking concerns, fire evacuation hazards, influx of  
students on school districts, and how the location was not built to sustain  
high traffic in case an emergency evacuation were to arise. There was  
drone footage shown to showcase the influx of traffic in the neighborhood  
and how it would raise concerns throughout the neighborhood. Many  
citizens discussed they are in support of Affordable Housing, but believe  
the location is not suitable for the amount of people that would live there.  
The citizen who spoke in opposition of this project were Joseph O’Keefe,  
Jim Blair, Dennis Scruggs, Stacey Wilson, Byron Newman, Omar Wyman,  
Sandra Vicksta, Sarah Markham, Dr. Cristy Fisher, Steve Parrish, Randy  
Howarth, Dan Bloom, Nancy Murray, Scott Heises, Debbie Gluke, Brooke  
Dobbins, Steven Glendenning, Barbara Vinchattle, Lara Moehenpah, Eric  
Federic, Eddie Lawrence, Aimee Ferris, Holly Lawrence, Laura Wilkey,  
Tim O’Brien, David Clay, Taylor Stanecheck, Kathy Kane, Al Peterson,  
Dana Duggan, Todd Borg, Benjamin Ekberg, Esther Lee, Mr. Konakanchi,  
Vicki Capron, Dan Pulsgrove, Katherine Gayle, and Stacey Celly.  
Applicant Rebuttal  
Mark Painter, the attorney for the developer, provided a rebuttal,  
acknowledging the respect, concern, and compassion the developer has  
shown for the neighborhood throughout the process. He highlighted the  
additional meetings held to address various concerns raised by the  
community. In responding to public comments, Mr. Painter clarified that the  
developer is not dismissive or unmindful of those concerns. However, he  
asserted that many of the comments, while legitimate in certain contexts,  
may not be directly relevant to the land use decisions under consideration  
by the commission. Mr. Painter emphasized that the criteria for these  
decisions are based on the city's code and are not broad policy matters for  
other entities. Mr. Painter mentioned having received comments and  
referrals from the school district indicating their ability to handle the  
proposed development without being overcapacity, reinforcing the  
communication between the project team and relevant stakeholders. He  
emphasized that the city staff had communicated with relevant agencies,  
such as the school district, and they were comfortable with the  
development. Mr. Painter defended the legitimacy of the developer's traffic  
studies and argued that the emergency evacuation concerns raised were  
hypothetical and not addressed by the city's code. Mr. Painter pointed out  
that denying the application might result in someone else applying for a  
project with even more traffic, as the current proposal reduces traffic in the  
area. He highlighted the appropriateness of the location, citing the city's  
determination that multifamily housing is suitable in the designated area.  
Regarding covenants, Mr. Painter clarified that they are private matters,  
and the modifications made were within the scope of those covenants. He  
addressed concerns about schools, traffic, and parking, stating that the  
school district had no objections, traffic would be reduced, and additional  
parking spaces were added to address neighborhood concerns. Mr.  
Painter also responded to comments about the impact on parks, property  
values, and the suitability of the location for affordable housing. He urged  
the commission to consider the words of David Clay, suggesting that some  
objections might be rooted in prejudice or discrimination.  
Additional comments from Commissioners  
Commissioner Rickett inquired if there was a master plan for this area and  
if a copy of it could be shared. He inquired about the transition from a  
commercial property to a residential property, acknowledging that the  
overall traffic count would be reduced. However, he raised a concern about  
whether the traffic would increase during the morning and evening  
commutes compared to the consistent traffic throughout the day in a  
commercial area. Ms. Slade acknowledged that traffic patterns do change  
between residential and commercial areas. She explained that residential  
areas tend to have higher peaks in the morning and evening, while  
commercial areas have fewer in the morning but more in the evening,  
causing a spike. Additionally, Ms. Slade mentioned that residential areas  
have consistent traffic throughout the entire day.  
Commissioner Briggs inquired about the zoning under the previous plan,  
specifically mentioning that it was PBC. Ms. Slade confirmed that the  
zoning under the previous zoning code was PBC. Commissioner Briggs  
sought clarification, stating that under PBC zoning, multifamily uses were  
conditionally permitted, requiring a conditional use development plan and a  
public hearing in front of the commission. The response indicated that this  
would have been the typical public hearing sequence to determine  
conditional use items in that zoning code.  
Commissioner Hente, referred to the figure mentioned by a representative  
from the DC who stated a need for 12,000 units a year. He raised a  
question about how this figure aligns with the existing situation, expressing  
uncertainty about the accurate number but emphasizing the need for  
clarification. Additionally, he inquired if there was a shortage in town for  
apartments. Katie Sunderlin, Senior Affordable Housing coordinator  
responded historically there has been a shortage of multifamily affordable  
housing or multifamily projects in general. While acknowledging that there  
may be high-end units in the area, Ms. Sunderlin emphasizes the  
importance of addressing the broader community's need for affordable  
housing, affirming that there is indeed a need for the discussed type of  
project in the town.  
Commissioner Briggs had inquired about future housing developments  
based on existing plans and regulations. The response indicated that there  
was an ongoing regional housing study that would provide more specific  
information in the next year. Ms. Sunderlin clarified that they did not have  
current details on the specific numbers or alignments of future  
developments but emphasized the importance of the upcoming study to  
address the question accurately.  
Commissioner Hensler inquired about alternative approaches to achieve  
housing affordability and rent relief. Ms. Sunderlin was asked to provide  
insights or opinions from their position or department. Ms. Sunderlin  
explained that the Section 8 vouchers, issued by the local Housing  
Authority, serve as a form of gap financing. She mentioned various voucher  
programs, including vouchers for veterans and housing choice vouchers.  
When asked about the number of people served, she acknowledged an  
extensive waitlist for Section 8 vouchers, with over 2000 currently issued in  
the community. However, she refrained from providing exact numbers due  
to not being part of that agency. The discussion touched upon the  
limitations of private activity bond financing for gap financing, emphasizing  
that it is not an eligible expense according to IRS guidelines. Ms. Sunderlin  
concluded by stating that affordable housing options involve various tools in  
the city's tool belt.  
Chair Slattery inquired about the working and structure of private activity  
bonds (PABs) and sought an explanation. Ms. Sunderlin had explained that  
the city received private activity bonds (PABs) through an allocation from  
the state of Colorado, with Denver and El Paso County also receiving  
allocations. The PABs were issued to developers as revenue bonds for  
affordable housing, and the city's tax-exempt status was attached to these  
bonds. The developers borrowed funds at a tax-exempt rate, and the debt  
service payments were generated from specific revenue sources tied to  
the project, such as rental income. Importantly, the city's general fund or  
taxpayer dollars were not directly pledged for the repayment of the private  
activity bonds. Ms. Sunderlin addressed the question of vacancies in  
rentals, noting that each project underwent a market study to demonstrate  
the need for the targeted units. Despite concerns about vacancies in the  
rental market, the market studies for the area in question indicated a  
demand for affordable housing. Ms. Sunderlin also mentioned that the  
affordable housing projects in the community were operating at less than a  
1% vacancy rate, emphasizing the need for such developments.  
Commissioner Hensler had inquired about the fate of private activity bond  
(PAB) dollars if no one took advantage of them. Specifically, she wanted to  
know if these funds would go unused if no entity utilized the PAB dollars.  
Ms. Sunderlin explained that if the private activity bond (PAB) dollars were  
not utilized, they would be returned to the state. Since 2018, the city has  
fully utilized its entire PAB allocation, and there is constant interest in these  
bonds. Ms. Sunderlin acknowledged that the city could potentially use more  
funds to address housing needs and affirmed that, in theory, if the PAB  
dollars were not used, the money would be returned and not utilized within  
the community.  
Commissioner Briggs questioned how it's possible to allocate $40 million  
if the city receives $29.1 million annually. Ms. Sunderlin explained that the  
funds do roll over, allowing for multi-year allocations. If the funds are not  
used within a given year, they can be rolled over and retained within the  
community for up to three years.  
Commissioner Hente asked about the perception that the fire department  
doesn't consider evacuation and sought clarification on the adopted fire  
code in Colorado Springs, emphasizing that there might be concerns about  
evacuation provisions. The fire department representative explained that  
the fire code primarily focuses on fire department access rather than  
evaluating evacuation modeling for neighborhoods. He acknowledged the  
importance of evacuation, mentioning instances where evacuation  
considerations influenced their decisions on projects. He clarified that  
evacuation is implemented during emergencies in coordination with the  
police department, addressing concerns about evacuation modeling's  
accuracy due to various variables and the challenge of making decisions  
based on hypothetical situations. He emphasized the dynamic nature of  
evacuation needs under different climatic conditions. Furthermore, he  
clarified that the neighborhood in question is not considered a  
wildland-urban interface and doesn't fall under the city's radar as a hazard  
area. He compared it to other established neighborhoods with open  
space, mentioning its similarity to a Shooks Run-type open space. The  
representative expressed that models predicting the impact of a wildfire on  
this neighborhood are inaccurate, as it wouldn't meet the qualifications for  
such an event. He highlighted the neighborhood's potential classification in  
an urban conflagration, considering the type of construction and structures.  
The representative emphasized the need for careful consideration of how  
the neighborhood is defined and the associated risks when making  
decisions based on assumptions.  
Commissioner Hensler inquired about the fire department's perspective  
on whether the roads in that area were considered adequate major roads  
or thoroughfares, acknowledging that the fire department doesn't  
specifically engage in traffic modeling.  
Commissioner Briggs inquired if there was a representative of D20 in the  
audience, to which there was not.  
Chair Slattery raised concerns about parking adequacy and requested  
information on the number of required parking spots, the number provided,  
and any differences in parking requirements between general multifamily  
and affordable housing units. Mr. Parikh addressed these concerns, stating  
that during the neighborhood engagement process, there were concerns  
about both parking and open space adequacy. According to the code, the  
required parking ratios for one, two, and three-bedroom units were  
provided. The total required parking for their mix was 309 spaces, but the  
project includes 339 spaces, surpassing the code requirements by 30  
spaces. He also mentioned that studies suggest affordable housing might  
have slightly lower car ownership, contributing to the surplus parking.  
Commissioner Hensler inquired about the requirement for sprinklers in the  
proposed four-story building, considering fire safety concerns. Mr. Parikh  
responded by explaining that any multifamily residential building, not  
separated by firewalls like townhomes, requires a sprinkler system. He  
mentioned two types of systems: NFPA 13, which is more robust, and  
NFPA 13R, which is a weaker system designed for residential buildings.  
For a four-story building, the new codes would necessitate the more  
upgraded system, NFPA 13. Thus, the proposed building would have a  
sprinkler system, specifically the NFPA 13, to address fire safety concerns.  
Commissioner Briggs addressed comments questioning the staff and the  
Commission's integrity, emphasizing that such comments demonstrate a  
lack of understanding of their roles. Commissioner Briggs vouched for the  
integrity of both the staff and the board members. He touched upon private  
property rights, stating that while individuals have the right to use their  
property within legal limits, they cannot do so at the expense of negatively  
impacting their neighbors. Commissioner Briggs expressed concerns  
about the potential impact on businesses in the area. Commissioner  
Briggs voiced disappointment that District 20 representatives were not  
present and raised concerns about proposals north of Woodmen Road. He  
emphasized the importance of considering infrastructure needs, particularly  
schools, before adding developments that would increase demand. As  
someone involved with a homeless shelter, Commissioner Briggs  
expressed support for affordable housing but questioned the planning and  
infrastructure to support expansion, especially in the north part of El Paso  
County. He called for more thorough planning and consideration of  
infrastructure needs before approving developments.  
Commissioner Hensler reflected on the hard work undertaken by the  
Commission, emphasizing their commitment to considering various factors  
and listening to public comments. She acknowledged the extensive  
reading involved in reviewing documents and expressed gratitude to the  
attendees for participating. Commissioner Hensler discussed the role of  
the Commission, highlighting their responsibility to consider zoning and  
criteria while making challenging decisions. She noted that the current  
hearing, given the new code, might be unnecessary, but it allows for public  
input. Regarding the zoning changes, Commissioner Hensler clarified that  
the process was not sneaky but a three-year effort involving staff, the  
Commission, and City Council. She acknowledged potential  
miscommunication by realtors and urged residents to understand future  
uses, conditional uses, or zone change requests. Addressing concerns  
about school overcrowding, Commissioner Hensler pointed out the need  
for community support in passing levy overrides or bond issues. While  
affordable housing wasn't part of the plan review criteria, she expressed  
support for housing at all price levels. Commissioner Hensler highlighted  
the importance of affordable housing, addressing concerns about  
low-income housing by emphasizing that many individuals have  
experienced periods of lower income. She mentioned specific salary  
figures for various professions and expressed her favor for the proposed  
development.  
Commissioner Almy discussed the zoning changes implemented with the  
adoption of the UDC, making the current property use a by-right  
designation. He acknowledged the subjective criteria in the UDC,  
particularly the term "harmonious," providing citizens the opportunity to  
voice concerns. Expressing his appreciation for the community's  
involvement, Commissioner Almy mentioned the evacuation drill,  
considering it a great initiative. However, he questioned the rationale  
behind it, expressing skepticism about the appropriateness of adding extra  
cars during an emergency. Commissioner Almy pointed out that Colorado  
Springs had improved pre-evacuation warnings, and police and traffic  
patterns were altered during actual evacuations. He scrutinized Pine  
Creek's existing traffic challenges and stressed the importance of due  
diligence in understanding how traffic circles operated. Referring to the  
term "harmonious" again, Commissioner Almy discussed the location of  
the proposed apartment complex, suggesting that it might not disrupt  
harmony as much as it could have due to its placement in a commercial  
area near major thoroughfares. He considered the potential benefits of the  
apartment complex, such as blocking traffic noise from Powers Road into  
Pine Creek. Commissioner Almy also questioned the school district's  
planning and suggested adding a provision for approval contingent on  
further information about the district's capacity to accommodate students  
from the complex.  
Commissioner Rickett shared his experience traveling on Powers Road,  
highlighting the morning traffic congestion near Old Ranch Rd that could  
take 10 to 15 minutes to navigate, especially during school hours. He  
referred to Commissioner Briggs' point about the purpose of the code,  
emphasizing its role in promoting health, safety, and the general welfare of  
the public. Commissioner Rickett also pointed out that the code aims to  
enhance the quality, diversity, and safety of neighborhoods by encouraging  
pride and investment. Discussing the review criteria, Commissioner  
Rickett noted the split between Chapter 7 and UDC. He highlighted the  
concept plan approval criteria, emphasizing that the master plan had  
consistently depicted the area as commercial for almost two decades.  
Expressing his support for the commercial designation, Commissioner  
Rickett indicated his intention to vote against the project. However, he  
clarified that his vote against the project didn't imply opposition to  
affordable housing, as he had consistently supported affordable housing  
during his time on the board.  
Commissioner Hente echoed Commissioner Briggs' frustration about the  
absence of the school district representatives to answer questions. He  
shared his own frustration, drawing on his experience both on the Planning  
Commission and in a previous city position. Commissioner Hente  
acknowledged that his previous votes against projects were often based  
on concerns about evacuation adequacy, stemming from his firsthand  
experience with the Waldo Canyon wildfire damaging his home.  
Expressing empathy for evacuation concerns, Commissioner Hente  
emphasized his understanding of the potential challenges during a wildfire  
event. However, he pointed out that in this specific case, he leaned on  
Deputy Fire Marshal Cooper's assessment that the area was not as prone  
to wildfire as other parts of town. Familiar with the Pine Creek area and  
traffic flow, Commissioner Hente believed that, despite subjective criteria  
like safety and welfare, the good outweighed the bad in this case. Drawing  
on his extensive experience with land use applications, he concluded that  
the project was acceptable, and the risks were manageable. As a result,  
Commissioner Hente declared his support for the project and confirmed  
his intention to vote in favor of it.  
Commissioner Cecil expressed gratitude to everyone who took the time to  
attend the meeting and share their perspectives. She acknowledged the  
delicate balance between change and community needs, resonating with  
Commissioner Almy’s comments about the anxiety associated with the  
unknown. She appreciated the fire department's efforts to explain the  
impacts of contraflow on traffic during evacuation, acknowledging the  
residents' concerns while also understanding the reasoning behind the  
demonstration. Drawing on her experience as a teacher who worked in  
modular units following a natural disaster, she challenged the notion that  
modular units were inferior classrooms, emphasizing their appropriateness  
as an interim solution. While urging the school district to have a clearer  
voice in planning, she found the fee in lieu to be a suitable interim measure.  
Considering concessions made by the developer, such as exceeding  
required parking, Commissioner Cecil declared her support for the  
development.  
Chair Slattery began by expressing appreciation for the public and  
everyone involved in the project. She acknowledged the importance of  
considering factors like residents, traffic, and evacuation, even though they  
might not be explicit criteria. Chair Slattery questioned the impact of  
adding 200 more residents, emphasizing that the percentage change  
seemed relatively small. She highlighted the low percentage change in  
Pine Creek's total area due to the proposed development, suggesting it  
wouldn't drastically affect safety or evacuation procedures. Addressing  
concerns about the integrity of the Commissioners and the body, Chair  
Slattery encouraged those with questions to check the city's website for  
volunteer positions. Chair Slattery defended the UDC's implementation,  
noting its year-long presence and the extensive public communication  
during the three-year planning process. She emphasized that the UDC's  
criteria were well-communicated and shouldn't have been a surprise.  
Regarding the master plan, Chair Slattery concurred with Commissioner  
Cecil that multifamily use was an allowable use within the community  
commercial designation. She emphasized the absence of a "magic rubber  
stamp" and explained the comprehensive criteria and subjective elements  
that applications undergo before reaching the approval stage. Chair  
Slattery commended the staff's diligence in ensuring criteria were met  
throughout the application process. She closed by expressing gratitude to  
those who spoke at the meeting.  
Motion by Commissioner Hente, seconded by Commissioner Hensler, to  
approve the Major Amendment of the Market at Pine Creek Concept Plan  
based upon the findings that the proposal complies with the review criteria  
for Concept Plans as set forth in City Code Section 7.5.501. The motion  
passed by a vote of 5:2.  
5 -  
Aye:  
Commissioner Almy, Commissioner Hensler, Commissioner Hente,  
Commissioner Cecil and Chair Slattery  
2 - Commissioner Briggs and Commissioner Rickett  
2 - Vice Chair Foos and Commissioner McMurray  
No:  
Absent:  
7.B.  
DEPN-23-01 The Royal Pine Apartments Development Plan establishing  
Multi-Family Residential consisting of 7.87 acres located at 4150  
Royal Pine Drive.  
(Quasi-judicial)  
Presenter:  
Logan Hubble, Planner II, Planning + Neighborhood Services  
Katelynn Wintz, Planning Supervisor, Planning + Neighborhood  
Services  
Motion by Commissioner Hente, seconded by Commissioner Hensler, to  
approve the Royal Pine Apartments Development Plan based upon the  
findings that the request complies with the criteria as set forth in City Code  
Section 7.5.515. The motion passed by a vote of 5:2.  
5 -  
Aye:  
Commissioner Almy, Commissioner Hensler, Commissioner Hente,  
Commissioner Cecil and Chair Slattery  
2 - Commissioner Briggs and Commissioner Rickett  
No:  
2 - Vice Chair Foos and Commissioner McMurray  
Absent:  
Lakeside Heights at Wolf Ranch PUD Development Plan Appeal  
7.C.  
APPL-23-00 An appeal of an administrative decision to approve the Lakeside  
Heights at Wolf Ranch PUD Development Plan consisting of 65.875  
acres generally located southeast of the intersection of Briargate  
Parkway and Wolf Valley Drive.  
(Quasi-Judicial)  
Presenter:  
Kyle Fenner, Senior Planner, Planning + Neighborhood Services  
Kyle Fenner, Senior Planner, presented the scope of the project.  
The appellant, Mariah McCarty, presented her argument to the  
Commissioners.  
The developer, Tim Seibert, Senior Vice President at Norwood  
Development Group, presented the scope of the project.  
The appellant, Mariah McCarty, presented her rebuttal to the  
Commissioners.  
Questions from Commissioners  
Commissioner Hensler inquired about the timeline for extending Briargate  
Parkway, specifically asking how long until it reaches Black Forest Rd. The  
developer indicated an expectation of the extension happening within the  
next three to five years, with efforts to expedite it further. Commissioner  
Hensler questioned the timeline for the full build-out of Area E, expressing  
skepticism about the rapid completion of such a large-scale project. The  
response clarified that it would indeed be a multi-year project, with the  
initial phase alone taking 18 months to two years for completion.  
Commissioner Hensler raised concerns about the cost of the recreation  
center and its impact on residents' mills and memberships. The response  
assured that there would be no change to the debt or mills, and the existing  
$30 per month homeowners association fee for access to the current  
recreation center would increase to $60 per month for access to the  
proposed facility. The explanation also touched on the equity in payment  
structures for different groups of residents.  
Commissioner Briggs sought clarification on the access to the rec center,  
particularly for residents who chose not to pay the additional $30.00. The  
response outlined that those residents would still have access to the  
original rec center and would receive services equivalent to what was  
available before any changes occurred. The discussion also touched upon  
concerns about the existing rec center being underutilized and lacking  
certain facilities like a fitness center and gymnasium.  
Chair Slattery inquired about the lot coverage discrepancy in PDZ zoning  
and sought clarification from staff. Kyle Fenner, Senior Planner, explained  
that PDZ zoning does not have lot coverage like straight zoning and  
emphasized that applying the standards of one zone district to another is  
not relevant. The discussion clarified that PDZ zoning has specific  
densities for designated areas and includes open space requirements  
based on the number of units.  
Commissioner Briggs asked the applicant about the designated area for  
Lot E and inquired how far back the area had been designated for the  
current plans. The response indicated that Area E was initially 24 acres,  
but it was later reduced and shifted in the 2019 master plan amendment to  
create a more gradual transition from existing single-family homes.  
However, the 2019 master plan, under which the current application was  
submitted, reduced the density to 12 units per acre. Commissioner Briggs  
further clarified whether the original and subsequent master plans had the  
intent to build out the Echo and Delta areas with higher density, to which the  
response affirmed that it was always intended to have higher density, with  
the 2019 master plan reducing it from the previous plan.  
Motion by Commissioner Hente, seconded by Commissioner Almy, to deny  
the appeal and uphold the approval of the Lakeside Heights at Wolf Ranch  
PUD Development Plan based upon the findings that the appeal criteria as  
set forth in City Unified Development Code Section 7.5.415 (UDC) are not met  
and that the review criteria for a PUD Development Plan as set forth in City  
Code Chapter 7 Section 7.3.606 and review criteria for a development plan as  
set forth in City Code Chapter 7 Section 7.5.502.E are met. The motion passed  
by a vote of 6:0.  
6 -  
Aye:  
Commissioner Almy, Commissioner Briggs, Commissioner Hensler,  
Commissioner Hente, Commissioner Cecil and Chair Slattery  
2 - Vice Chair Foos and Commissioner McMurray  
1 - Commissioner Rickett  
Absent:  
Recused:  
8. Updates/Presentations  
8. Informal Updates/Presentations  
9. Adjourn