City Hall  
107 N. Nevada Avenue  
Colorado Springs, CO  
80903  
City of Colorado Springs  
Meeting Minutes  
City Council  
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possible but no later than 48 hours before the scheduled event.  
Tuesday, January 9, 2024  
10:00 AM  
Council Chambers  
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409 09#  
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 10:00 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  
2. Invocation and Pledge of Allegiance  
The Invocation was made by Deacon David Casper.  
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:  
4B. First Presentation:  
24-004  
4B.A.  
City Council Regular Meeting Minutes December 12, 2023  
Presenter:  
Sarah B. Johnson, City Clerk  
Attachments: 12-12-2023 City Council Meeting Minutes Final  
The Minutes were approved on the Consent Calendar.  
Approval of the Consent Agenda  
Motion by Councilmember Donelson, seconded by Councilmember Henjum,  
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 9-0-0-0  
9 -  
Aye:  
Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley,  
and Talarico  
5. Recognitions  
24-014  
5.A.  
Appointments to City Council Boards, Commissions and Committees  
Presenter:  
Randy Helms, Council President and Councilmember District 2  
Attachments: 010924 Boards Commissions and Committee Appointments  
President Helms presented the City Council Appointments to Boards,  
Commissions, and Committees.  
Motion by Councilmember Henjum, seconded by Councilmember Talarico,that  
the Appointments to City Council Boards, Commissions, and Committees  
(Downtown Review Board) be approved. The motion passed by a vote of 9-0-0-0  
9 -  
Aye:  
Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and  
Talarico  
President Helms presented the City Council Appointments to Boards,  
Commissions, and Committees.  
President Pro Tem Crow-Iverson stated the Pikes Peak Library District  
Board of Trustees voted unanimously in favor of the appointment of Angela  
Dougan, nominee appointee to the Pikes Peak Library District Board of  
Trustees.  
Motion by Councilmember Leinweber, seconded by Councilmember Talarico,  
that the Appointments to City Council Boards, Commissions, and Committees  
(Pikes Peak Library District Board of Trustees) be approved. The motion passed  
by a vote of 9-0-0-0  
9 -  
Aye:  
Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and  
Talarico  
24-013  
5.B.  
A Joint Proclamation in Recognition of Martin Luther King Jr. Day  
Presenter:  
Yolanda Avila, Councilmember District 4  
Mayor Yemi Mobolade  
Attachments: Martin Luther King Jr Day Proclamation 2024  
Councilmember Avila read a joint Proclamation recognizing January 15,  
2024 as Martin Luther King Jr. Day.  
Mayor Yemi recognized the work, labor and sacrifice of civic leader Dr.  
King and encouraged everyone to continue to make America better.  
Senator Tony Exum provided a brief history of slavery, the fifteenth  
amendment, the poll tax, discrimination, and restrictive voting measures.  
Danielle Summerville, Mayor’s Office of Community Affairs, introduced  
Donald Deas, Alpha Phi Alpha Fraternity Chair, Martin Luther King Jr.  
Planning Committee, who requested everyone recognize this day by  
attending the All People’s Breakfast being held on Monday, January 15,  
2024 at Ed Robson Arena.  
President Helms spoke about attending the 50th anniversary of Martin  
Luther King Jr.’s “I Have A Dream” speech.  
Councilmember Donelson stated he disagrees that voter suppression is  
occurring in the United States.  
President Pro Tem Crow-Iverson encouraged everyone to focus on what  
they stand for on Martin Luther King Jr. Day.  
6. Mayor's Business  
There was no Mayor’s Business.  
7. Citizen Discussion For Items Not On Today's Agenda  
Citizen Harry Flanagan, Chair, Alpine Glen Subdivision HOA in Peregrine,  
spoke against the proposed Blodgett Open Space Plan.  
Citizens Mary Sprunger Froese, Max Krondstadt, Sandy White, Ray Quinn,  
and Frozie Abbott requested a Community Benefit Agreement with the Mill  
Street Neighborhood and the property owner of the parcel where the Martin  
Drake Power Plant is located and spoke against the South Downtown  
Railroad Underpass Realignment (SDRUR) proposed for the Mill Street  
Neighborhood.  
Citizen Corey Sutela, Executive Director, MedWheel, spoke in favor of the  
Trails and Open Space and Parks (TOPS) Program’s proposed Blodgett  
Open Space Plan.  
Citizen Ted Bryant spoke about the need for sidewalk repairs in his  
neighborhood located at the intersection of Vickers Drive and Union  
Boulevard.  
8. Items Called Off Consent Calendar  
There were no items called off the Consent Calendar.  
9. Utilities Business  
23-657  
9.A.  
Resolution Setting the Gas Cost Adjustment Effective January 15, 2024.  
Presenter:  
Travas Deal, Chief Executive Officer, Colorado Springs Utilities  
Tristan Gearhart, Chief Planning and Finance Officer, Colorado Springs  
Utilities  
Attachments: 2 - 01-09-2024 CC Mtg-GCA Resolution  
3 - G Sheet 2.4 Rate Tbl - 24th Revised - Redline  
4 - G Sheet 2.4 Rate Tbl - 24th Revised - Final  
5 - Worksheet - GCA Calculation  
Signed Resolution No. 01-24.pdf  
Scott Shirola, Pricing and Rates Manager, Colorado Springs Utilities  
(CSU) presented the Resolution setting the Gas Cost Adjustment (GCA)  
effective January 15, 2024 and provided an overview natural gas prices as  
of December 14, 2023, GCA projections for December 2023, sample  
residential bill, seasonal residential bill impacts, and how customers can  
receive assistance.  
Councilmember Risley and Councilmember Leinweber stated it is  
important that CSU maintains cost competitive pricing, there should not be  
an emphasis on being the lowest priced utilities, and there needs to be a  
balance of maintaining affordability for ratepayers with the need to reinvest  
in infrastructure.  
Councilmember Henjum stated CSU has a policy which requires they stay  
within a band of over and under collection.  
Motion by Councilmember Henjum, seconded by Councilmember Donelson, that  
the Resolution Setting the Gas Cost Adjustment effective January 15, 2024 be  
adopted. The motion passed by a vote of 9-0-0-0  
9 -  
Aye:  
Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and  
Talarico  
10. Unfinished Business  
There was no Unfinished Business.  
11. New Business  
24-008  
11.A.  
A Resolution Authorizing the Acquisition of a Permanent Easement of  
23,940 Square Feet and a Temporary Construction Easement of 61,969  
Square Feet from BNSF Railway and a Permanent Easement of 17,127  
Square Feet and a Temporary Construction Easement of 44,662 from  
Union Pacific with Funding from the Pikes Peak Rural Transportation  
Authority for the South Circle Drive Bridge Project  
Presenter:  
Gayle Sturdivant, PE, PMP, Acting Public Works Director/City Engineer  
Attachments: 1_Resolution_CircleBridgeEasement_20231222  
2_Resolution_ExhibitA  
3_Presentation_Circle Bridge Property Acquisitions  
Signed Resolution No. 02-24.pdf  
Gayle Sturdivant, Acting Public Works Director/City Engineer, presented  
the Resolution authorizing the acquisition of a permanent easement of  
23,940 square feet and a temporary construction easement of 61,969  
square feet from BNSF Railway and a permanent easement of 17,127  
square feet and a temporary construction easement of 44,662 from Union  
Pacific with funding from the Pikes Peak Rural Transportation Authority  
(PPRTA) for the South Circle Drive Bridge Project.  
Councilmember Donelson asked if this item has anything to do with the  
realignment of the railway near Nevada Avenue. Ms. Sturdivant stated it  
does not.  
Motion by Councilmember Avila, seconded by Councilmember Henjum, that the  
Resolution authorizing the acquisition of a permanent easement of 23,940 square  
feet and a temporary construction easement of 61,969 square feet from BNSF  
Railway and a permanent easement of 17,127 square feet and a temporary  
construction easement of 44,662 from Union Pacific with funding from the Pikes  
Peak Rural Transportation Authority for the South Circle Drive Bridge Project be  
adopted. The motion passed by a vote of 9-0-0-0  
9 -  
Aye:  
Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and  
Talarico  
11.B. CPC ZC  
An ordinance amending the zoning map of the City of Colorado Springs  
pertaining to 7.9 acres northeast of the Thunder Mountain Avenue and  
Daydreamer Drive intersection from A (Agricultural) to PK (Public Park)  
zone district.  
21-00140  
(Quasi-Judicial - 1st Reading only to set the public hearing for January  
23, 2024)  
Presenter:  
Katelynn Wintz, Planning Supervisor, Planning and Neighborhood  
Services  
Peter Wysocki, Planning Director, Planning and Neighborhood Services  
Attachments: ORD_NorthForkZC  
Exhibit A  
Exhibit B  
NorthForkPark_Presentation_KW  
CPC Report_North Fork Park  
CPC_ConsentCalendar12.16.21_draft  
Context Map  
North fork minutes dec 2021  
7.5.603.B Findings - ZC  
Signed Ordinance No. 24-01.pdf  
Mike Tassi, Assistant Planning Director, Planning and Neighborhood  
Services, presented the Ordinance to set the public hearing for January 23,  
2024 to amend the zoning map of the City pertaining to 7.9 acres northeast  
of the Thunder Mountain Avenue and Daydreamer Drive intersection from  
A (Agricultural) to PK (Public Park) zone district.  
Councilmember Donelson stated that this will be the first vote for the zone  
change with no opportunity for a presentation or citizen input. Mr. Tassi  
stated that these items have previously been presented to the Planning  
Commission which allows the opportunity for citizens to speak.  
Motion by Councilmember Henjum, seconded by Councilmember Talarico, that  
the Ordinance amending the zoning map of the City of Colorado Springs  
pertaining to 7.9 acres northeast of the Thunder Mountain Avenue and  
Daydreamer Drive intersection from A (Agricultural) to PK (Public Park) zone  
district, for the purpose of providing notice and setting a public hearing date for  
January 23, 2024, to consider the North Fork Park zone change ordinance be  
approved on first reading. The motion passed by a vote of 8-1-0-0  
8 - Avila, Crow-Iverson, Helms, Henjum, Leinweber, O'Malley, Risley, and Talarico  
1 - Donelson  
Aye:  
No:  
11.C. ZONE-23-00 An ordinance amending the zoning map of the City of Colorado Springs  
16 pertaining to 45.33 acres located southeast of N Carefree Circle and  
Tutt Blvd from PDZ/AP-O/SS-O (Planned Development Zone with Airport  
and Streamside Overlays) to PK/AP-O/SS-O (Public Park with Airport  
and Streamside Overlays).  
(Quasi-Judicial - 1st Reading only to set the public hearing for January  
23, 2024)  
Presenter:  
Ann Odom, Planner II, Planning + Neighborhood Services  
Peter Wysocki, Planning Director, Planning and Neighborhood Services  
Attachments: Greenways - Ordinance  
Greenways - Context Map  
Project Statement_Land Use Statement  
Greenways - Staff Report  
Exhibit A  
Exhibit B  
7.5.704 ZONING MAP AMENDMENT (REZONING)  
Greenways consent minutes  
Applicant Presentation - Greenways Neighborhood Park  
CC Ready - All Public Comments  
Greenways - CC Staff Presentation  
Mike Tassi, Assistant Planning Director, Planning and Neighborhood  
Services, presented the Ordinance to set the public hearing for January 23,  
2024 to amend the zoning map of the City pertaining to 45.33 acres  
located southeast of N Carefree Circle and Tutt Blvd from PDZ/AP-O/SS-O  
(Planned Development Zone with Airport and Streamside Overlays) to  
PK/AP-O/SS-O (Public Park with Airport and Streamside Overlays).  
There were no comments on this item.  
Motion by Councilmember Leinweber, seconded by Councilmember Talarico,  
that the Ordinance amending the zoning map of the City of Colorado Springs  
pertaining to 45.328 acres from PDZ/AP-O/SS-O (Planned Development Zone with  
Airport and Streamside Overlays) to PK/AP-O/SS-O (Public Park with Airport and  
Streamside Overlays) for the purpose of providing notice and setting a public  
hearing date for January 23, 2024, to consider the Greenways Neighborhood Park  
zone change ordinance be approved on first reading. The motion passed by a  
vote of 8-1-0-0  
8 - Avila, Crow-Iverson, Helms, Henjum, Leinweber, O'Malley, Risley, and Talarico  
1 - Donelson  
Aye:  
No:  
11.D. ZONE-23-00 An ordinance amending the zoning map of the City of Colorado Springs  
14  
relating to 60.28 acres located northwest of Old Ranch Road and  
Powers Boulevard from PK (Public Park) to R-Flex Low zone district.  
(Quasi-Judicial - 1st Reading only to set the public hearing for January  
23, 2024)  
Presenter:  
Katelynn Wintz, Planning Supervisor, Planning and Neighborhood  
Services  
Peter Wysocki, Planning Director, Planning and 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  
Mike Tassi, Assistant Planning Director, Planning and Neighborhood  
Services, presented the Ordinance to set the public hearing for February  
27, 2024 to amend the zoning map of the City relating to 60.28 acres  
located northwest of Old Ranch Road and Powers Boulevard from PK  
(Public Park) to R-Flex Low zone district.  
President Helms stated after a discussion with all the parties involved, it  
has been decided that February 27, 2024 is a better date for the public  
hearing.  
Citizen Jamie Knock, Kettle Creek Neighborhood Representative, stated  
he will be out of town for the originally scheduled date of January 23, 2024.  
Motion by President Pro Tem Crow-Iverson, seconded by Councilmember  
Avila,that the Ordinance amending the zoning map of the City of Colorado  
Springs pertaining to 60.28 acres located northwest of Old Ranch Road and  
Powers Boulevard from PK (Public Park) to R-Flex Low zone district, for the  
purpose of providing notice and setting a public hearing date for February 27,  
2024, to consider the Ovation zone change ordinance be approved on first  
reading. The motion passed by a vote of 8-1-0-0  
8 - Avila, Crow-Iverson, Helms, Henjum, Leinweber, O'Malley, Risley, and Talarico  
1 - Donelson  
Aye:  
No:  
12. Public Hearing  
12.A. UVAR-23-00 A Use Variance to allow the Humble Paws Animal Care Facility use  
05  
within the MX-L/cr (Mixed-Use Large with prior conditions of record)  
zone district consisting of 7,500 square feet located at 925 W.  
Cucharras St.  
Presenter:  
Ryan Tefertiller, Urban Planning Manager, Planning + Neighborhood  
Services  
Peter Wysocki, Director, Planning + Neighborhood Services  
Attachments: Humble Paws CPC Staff Report RBT  
Humble Paws Aerial Photo 1  
Humble Paws Aerial Photo 2  
Humble Paws Lower Floor of building site plan  
Humble Paws Main Floor of building site plan  
Humble Paws Project Statement and Justification  
Humble Paws Legal Description  
All Stakeholder Communications as of 102423  
Consolidated PACFA Documents  
CPC_Minutes_HumblePaws_draft  
7.5.527 USE VARIANCE  
Ben Bolinger, Assistant City Attorney, City Attorney’s Office, polled City  
Council regarding any ex parte communications. All Councilmembers  
responded they have not received any ex parte communications and stated  
they are able to make fair and impartial decisions.  
Ryan Tefertiller, Urban Planning Manager, Planning and Neighborhood  
Services, presented the Use Variance to allow the Humble Paws Animal  
Care Facility (Humble Paws) use within the MX-L/cr (Mixed-Use Large with  
prior conditions of record) zone district consisting of 7,500 square feet  
located at 925 W. Cucharras Street. He provided an overview of the vicinity  
map, applications, project summary, site plan, proposal, and timeline of  
review. Mr. Tefertiller went over the applications, stakeholder involvement,  
agency review, consistency with PlanCOS, required review criteria,  
findings, and optional motions.  
Councilmember Leinweber requested additional information regarding the  
location of the kennel. Mr. Tefertiller provided additional information  
regarding the property site and adjacent properties.  
Manual Martinez and his son Manuel Martinez, Humble Paws, representing  
the applicants, provided an overview of Humble Paws, community  
concerns, plan of action, asset to the community, Pet Animal Care and  
Facilities Act (PACFA), and results of a fight incident. They identified the  
Humble Paws grounds, back yard kennels which had been moved,  
Certificate of Appreciation received, community assistance they have  
provided to neighbors, united providers, and Humane Society  
recommendation.  
President Helms asked if the applicant had resided at the current location  
prior to opening their business in June 2023. Mr. Martinez (son) stated they  
had not.  
President Helms asked how they are mitigating the noise of the barking  
dogs. Mr. Martinez (son) stated they have put up a padded barrier to  
reduce the noise.  
There was no public comment.  
Mr. Martinez (father) stated they realize they should have checked zoning  
before opening this business in this location, there should be zoning within  
the City for dog kennels without having to apply for a Use Variance, and  
taking Humble Paws out of the community would be bad for the community.  
Councilmember Henjum asked if the applicant is amenable to the  
conditions recommended by the Planning Commission. Mr. Martinez  
(father) stated they are.  
Councilmember O’Malley asked how far Humble Paws is located from the  
Pikes Peak Region Humane Society. Mr. Martinez (son) stated less than a  
mile.  
Councilmember O’Malley asked if they have paid City taxes. Mr. Martinez  
(father) stated they have been paying City taxes for the business for two  
and a half years.  
Councilmember Talarico asked if the Pikes Peak Region Humane Society  
gave them any advice regarding the concerns which have been raised. Mr.  
Martinez (father) stated PACFA investigated a dog fight which was  
deemed to be handled appropriately and they have not had any other  
citations.  
Councilmember Risley requested additional information regarding the  
terms of the lease. Mr. Martinez (father) stated they do not live on site  
although his son is at the location most of the time, it is a three-year lease,  
and the property owner is willing to let them out of the lease.  
Councilmember Risley asked when the recommendations (action plan)  
from the Planning Commission were implemented. Mr. Martinez (father)  
stated August 2023.  
Councilmember Risley asked when the dog fight took place. Mr. Martinez  
(son) stated within approximately two weeks of the business opening.  
Councilmember Risley asked if there are any zone districts within the City  
which permit animal care facilities. Mr. Tefertiller stated the A Zone permits  
it, the LI/GI Zones, and FB Zones allow it with a Conditional Use Permit.  
Councilmember Donelson asked what the hours of operation are. Mr.  
Martinez (son) stated 6:30 AM to 6:00 PM and there are usually no dogs  
housed on the weekends.  
Mr. Tefertiller stated they do empathize with this family since the City Code  
changed right around the same time they were signing their lease, they will  
continue to work with the family, and there were five people who spoke in  
opposition to this Use Variance request at the Planning Commission  
meeting.  
Councilmember Donelson asked if this was a use by right with the old City  
Code on this property. Mr. Tefertiller stated it was with a Conditional Use  
permit.  
Councilmember Leinweber asked if a six month or year extension could be  
granted until the Martinez’s found another location. Mr. Tefertiller stated the  
business could continue to operate until they found another location and  
recommended a one month extension. Mr. Bolinger stated Council cannot  
issue a stay of enforcement but could approve a Conditional Use with a  
time limit on it.  
Councilmember Avila asked how much has been invested into this  
business. Mr. Martinez (father) stated approximately $18,000 since July  
2023 not including expenses for relocation of the business. Mr. Martinez  
(son) stated it may take four to six months for PACFA to be able to certify a  
new location.  
Councilmember Donelson asked if the PACFA certification is needed  
before opening a new facility. Mr. Martinez (son) confirmed it is.  
Councilmember Avila spoke about the service dogs provide, the spirit of  
the law, the spirit of the City, the spirit of supporting small businesses, and  
stated she will be supporting the approval of the Use Variance.  
Councilmember Talarico stated she supports this type of family business  
and the area where this facility is located is a very mixed-use area.  
Councilmember Donelson stated with the old zoning code, this business  
would not have been a use by right and even though he supports their  
business, he believes they need to find a new location.  
Councilmember O’Malley stated he supports approving the Use Variance  
with a provision of it expiring on April 30, 2024.  
Councilmember Avila requested the provision be extended to June 30,  
2024. Councilmember O’Malley and Councilmember Leinweber agreed to  
Councilmember Avila’s request.  
Councilmember Donelson stated he believes the Use Variance should be  
denied and encouraged staff to work with the family regarding finding a  
new location.  
Mr. Martinez stated it will cost another $5,000 to comply with the Planning  
Commission's technical modification number 4.  
Councilmember Risley suggested the Use Variance be denied without the  
four conditions with the assumption that staff will work with the family to find  
another location.  
Councilmember Avila asked what amount of work would be put on staff to  
assist this family with finding a new location. Peter Wysocki, Director,  
Planning and Neighborhood Services, stated as standard practice, staff  
will work with business owners by providing them thirty to forty-five days to  
relocate a nonconforming business and because there are state  
requirements for inspections and issuance of certifications, they would  
work with the family to ensure that they have enough time until state  
certifications are issued.  
Councilmember Avila asked if the family would have to pay another $2,700  
to start this process of permitting again with the city. Mr. Wysocki stated it  
would depend on the location and zoning.  
Councilmember Leinweber asked what would happen if the family were not  
able to get state certifications by June 30, 2024. Mr. Wysocki stated it is  
good to have a deadline as of July 1, 2024 because the City has remedies  
to use Cease and Desist if necessary.  
Councilmember Avila stated that she believes the Use Variance should be  
granted until May 31, 2024 without requiring the technical modifications.  
The Martinez family agreed to this proposal.  
Motion by Councilmember O'Malley, seconded by Councilmember Leinweber, to  
approve the Use Variance to allow the Humble Paws Animal Care Facility use  
within the MX-L/cr (Mixed-Use Large with prior conditions of record) zone district  
consisting of 7,500 square feet located at 925 W. Cucharras St., with the condition  
that the variance will expire on May 31, 2024. The motion passed by a vote of  
7-2-0-0  
7 - Avila, Crow-Iverson, Helms, Henjum, Leinweber, O'Malley, and Talarico  
2 - Donelson, and Risley  
Aye:  
No:  
12.B. ZONE-23-00 Ordinance 23-69 amending the zoning map of the City of Colorado  
23  
Springs pertaining to 9.62 acres located at the northwest corner of  
Elkton Drive and Rusina Road from MX-N/HS-O-/WUI-O (Mixed-Use  
Neighborhood Scale with Hillside and Wildland Urban Interface  
Overlays) to MX-M/HS-O/WUI-O (Mixed-Use Medium Scale with Hillside  
and Wildland Urban Interface Overlay). (Second Reading and Public  
Hearing)  
Quasi-Judicial  
Presenter:  
Tamara Baxter, Senior Planner, Planning + Neighborhood Services  
Peter Wysocki, Director, Planning + Neighborhood Services  
Attachments: ORD_ZC_Point of the Pines Garden Assisted Living  
Staff Rpt_Point of Pines Villas  
Project Statement_Land Use Statement  
Project Statement_Zone Change  
CONTEXT MAP  
Zone Change Exhibit  
Public Comment  
Public Comment Response  
7.5.704 ZONING MAP AMENDMENT (REZONING)  
Additional Public Comments  
CPC_Point of the Pines Minutes  
Signed Ordinance No. 23-69.pdf  
Tamara Baxter, Senior Planner, Planning and Community Development  
Department, presented the Ordinance amending the zoning map of the City  
pertaining to the Point of the Pines Gardens Assisted Living/9.62 acres  
located at the northwest corner of Elkton Drive and Rusina Road from  
MX-N/HS-O-/WUI-O (Mixed-Use Neighborhood Scale with Hillside and  
Wildland Urban Interface overlays) to MX-M/HS-O/WUI-O (Mixed-Use  
Medium Scale with Hillside and Wildland Urban Interface Overlay). She  
provided an overview of the site, vicinity map, application, project  
summary, site background, timeline of review, stakeholder involvement,  
agency review, compliance with PlanCOS, review criteria, and optional  
motions.  
Luanne Ducett, President, Terra Nova Engineering, Applicant’s Consultant,  
went over the application for a zoning map amendment for 330, 360, and  
390 Elkton Drive, project statement description, justification, site map, and  
review criteria.  
Mike Jansen, Owner, Developer, and Operator, Point of the Pines  
Gardens, representing the applicant, provided an overview of  
review/recommendations, reasons/background for the zoning map  
amendment, current zoning map, details on proposed new development,  
site plan overlay to satellite image of site, and request for approval.  
There were no public comments on this item.  
Councilmember Henjum asked who owns the lot noted as preservation  
area/utility easement and if it will remain in perpetuity. Ms. Jansen stated  
he owns all three parcels and when they re-subdivided the land, they only  
took what was needed for development and left the rest as preservation.  
Ms. Baxter stated the preservation easement was established with the final  
plat and any changes would require an amendment.  
Councilmember Donelson asked why this area was zoned MX-N with the  
adoption of the new Unified Development Code (UDC). Mike Tassi,  
Assistant Director, Planning and Community Development, stated when the  
UDC was being considered, the original plan was to combine the OR  
Zoning District and the OCD Zoning District into the MXN District but after  
a lot of dialogue with Council, the decision, guidance, and direction was to  
split those apart, keep OR intact but change OC to MXN. He stated in the  
negotiations prior to the meeting at Planning Commission with the Historic  
Neighborhoods Partnership there was a lot of shifting of allowed uses  
between the OC District and the OR District to make it more amenable but  
when they guided the consultant to fix that, it did not get corrected. Mr.  
Tassi stated this will be mentioned as one of the of the omissions and  
errors update to the Code because it was the City’s intent to make this a  
nonpermitted use.  
Councilmember Donelson asked if this facility impact would evacuations  
out of Pine Cliff or Elton Drive. Mr. Tassi stated they forwarded these  
applications to the Colorado Springs Fire Department (CSFD) and the  
Colorado Springs Police Department (CSPD), and they did not receive  
any comments from either of those agencies. Mr. Jansen stated all the  
residents in the facility are mobile, most of the residents do not have their  
own vehicles, they are located right next to Interstate 25, there could be a  
multifamily residential unit at this location, and as a licensed assisted living  
facility, they have had to get approvals from many different agencies.  
Councilmember Donelson stated based on the facts presented, because  
the Pine Cliff Homeowner’s Association (HOA) approves of this, and it  
would create very little impact to the evacuation of the area, he will be  
supporting this item.  
Motion by Councilmember Avila, seconded by Councilmember O'Malley, that the  
Ordinance establishing 9.62 acres as a MX-M/HS-O/WUI-O (Mixed-Use Medium  
Scale with Hillside and Wildland Urban Interface Overlays) zone district based  
upon the findings that the request complies with the criteria for establishing a  
zone district as set forth in City Code Section 7.5.704 be approved on first  
reading. The motion passed by a vote of 9-0-0-0  
9 -  
Aye:  
Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and  
Talarico  
12.C. ANEX-23-00 A resolution adopting findings of fact and conclusions of law based  
02R  
thereon and determining the eligibility for the annexation of property  
known as Capital Drive Addition No 2 Annexation  
(Legislative)  
Presenter:  
Gabe Sevigny, Planning Supervisor, Planning and Neighborhood  
Services  
Peter Wysocki, Director, Planning and Neighborhood Services  
Attachments: ResolutionFindingsofFact_Capital Drive No 2  
Exhibit A - Legal Capital Drive Addition No 2  
Planner Affidavit  
Surveyor Affidavit  
Aerial Location Map  
Signed Resolution No. 03-24.pdf  
Gabe Sevigny, Planning Supervisor, Planning and Community  
Development Department, presented the Resolutions and Ordinance  
annexing the area known as Capital Drive Addition No. 2 consisting of 6.63  
acres and No 3 consisting of 1.01 acres located at north of Constitution  
Avenue and east of Marksheffel Road. He provided a brief overview of the  
annexation process, timeline, vicinity map, project summary, site plan,  
public notice, conditions for annexation, and proposed motions.  
There were no comments on this item.  
Motion by Councilmember Henjum, seconded by Councilmember Leinweber,  
that the Resolution adopting findings of fact and conclusions of law based  
thereon and determining the eligibility for the annexation of property known as  
Capital Drive Addition No. 2, based upon the findings that the annexation  
complies with the Conditions for Annexation Criteria as set forth in City Code  
Section 7.6.203 be adopted. The motion passed by a vote of 9-0-0-0  
9 -  
Aye:  
Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and  
Talarico  
12.D. ANEX-23-00 An ordinance annexing to the City of Colorado Springs that area known  
02  
as Capital Drive Addition No. 2 annexation consisting of 6.63-acres  
located north of Constitution Avenue and east of Marksheffel Road.  
(Legislative)  
Presenter:  
Gabe Sevigny, Planning Supervisor, Planning and Neighborhood  
Services  
Peter Wysocki, Director, Planning and Neighborhood Services  
Attachments: ORD_Capital Drive Addition No 2  
Exhibit A - Legal Capital Drive Addition No 2  
Exhibit B - Plat Capital Drive Addition No 2-11X17  
PlanningCommissionStaffReport_CapitalDrive  
Aerial Location Map  
Capital Drive Addition No 2 - Petition  
Signed Resolution No. 181-23.pdf  
Aerial Location Map  
CaptitalDrive2-3_RGS  
Vicinity Map  
7.6.203-Annexation Conditions  
Capital Drive consent minutes  
Please see comments in Agenda item 12.C.  
Motion by Councilmember Avila, seconded by Councilmember Henjum, that the  
Ordinance annexing to the City of Colorado Springs that area known as Capital  
Drive Addition No. 2, based upon the findings that the annexation complies with  
the Conditions for Annexation Criteria as set forth in City Code Section 7.6.203 be  
approved on first reading. The motion passed by a vote of 9-0-0-0  
9 -  
Aye:  
Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and  
Talarico  
12.E. ANEX-23-00 A resolution adopting findings of fact and conclusions of law based  
03R  
thereon and determining the eligibility for the annexation of property  
known as Capital Drive Addition No. 3 Annexation  
Legislative  
Presenter:  
Gabe Sevigny, Planning Supervisor, Planning and Neighborhood  
Services  
Peter Wysocki, Director, Planning and Neighborhood Services  
Attachments: RESFindingsofFact_Capital Drive No 3  
Exhibit A - Legal Capital Drive Addition 3  
Planner Affidavit  
Surveyor Affidavit  
Aerial Location Map  
Signed Resolution No. 04-24.pdf  
Please see comments in Agenda item 12.C.  
Motion by Councilmember Donelson, seconded by Councilmember Talarico, that  
the Resolution adopting findings of fact and conclusions of law based thereon  
and determining the eligibility for the annexation of property known as Capital  
Drive Addition No. 3, based upon the findings that the annexation complies with  
the Conditions for Annexation Criteria as set forth in City Code Section 7.6.203 be  
adopted. The motion passed by a vote of 9-0-0-0  
9 -  
Aye:  
Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and  
Talarico  
12.F. ANEX-23-00 An ordinance annexing to the City of Colorado Springs that area known  
03  
as Capital Drive Addition No. 3 annexation consisting of 1.01-acres  
located north of Constitution Avenue and east of Marksheffel Road.  
(Legislative)  
Presenter:  
Gabe Sevigny, Planning Supervisor, Planning and Neighborhood  
Services  
Peter Wysocki, Director, Planning and Neighborhood Services  
Attachments: ORD_Capital Drive Addition No 3  
PlanningCommissionStaffReport_CapitalDrive  
Aerial Location Map  
Capital Drive Addition No 3 - Petition  
Exhibit A - Legal Capital Drive Addition 3  
Exhibit B - Plat Capital Drive Addition No 3-11X17  
Resolution-Hearing Setting-Capital Drive Addition No 3  
Signed Resolution No. 182-23.pdf  
CaptitalDrive2-3_RGS  
Vicinity Map  
7.6.203-Annexation Conditions  
Capital Drive consent minutes  
Please see comments in Agenda item 12.C.  
Motion by Councilmember Donelson, seconded by President Pro Tem  
Crow-Iverson, that the Ordinance annexing to the City of Colorado Springs that  
area known as Capital Drive Addition No. 3, based upon the findings that the  
annexation complies with the Conditions for Annexation Criteria as set forth in  
City Code Section 7.6.203 be approved on first reading. The motion passed by a  
vote of 9-0-0-0  
9 -  
Aye:  
Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and  
Talarico  
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 2:44 PM.  
Sarah B. Johnson, City Clerk