El Paso County Planning Commission forwards Viewpoint Estates plats and Mule Haven rezoning after brief public exchange

The El Paso County Planning Commission, with Vice Chair Chris Whitney presiding, unanimously approved and forwarded three consent-agenda items to the Board of County Commissioners at its June 4 meeting: the preliminary plan (SP215) and final plat (SF2142) for Viewpoint Estates Filing No. 2, and a map amendment rezoning a 22-acre property called Mule Haven from A5 to CC.

The two Viewpoint Estates items were approved on the consent agenda with conditions and notations. Commissioner Miss Morris moved to approve the SP215 preliminary plan “in accordance with the attached resolution with two conditions and three notations and with a finding of sufficiency with regard to water quality, quantity and dependability”; Britain Jack seconded and the roll call vote was unanimous. Commissioner Mr. Shibbles moved approval of SF2142, the final plat for Viewpoint Estates Filing No. 2, with five conditions and four notations; Mr. Bailey seconded and that motion also passed unanimously.

The commission then considered item 3D, file CC261, a map amendment to rezone Mule Haven from A5 to CC. Mr. Bailey moved for approval, Miss Emmer seconded, and the commission voted unanimously to forward the recommendation to the Board of County Commissioners. During discussion Commissioner Mr. Morice cautioned that rezoning would change the set of allowable uses on the property, noting that a landowner’s approved uses under A5 may not remain permitted under CC and observing that the request would affect 22 acres for a single billboard — a point he linked to a Colorado Department of Transportation requirement.

A member of the public, identifying himself as Alan Ake, said he is “a shareholder of the corporation that owns that property” and asked whether the family could continue running mules on the land after the rezoning. Planning Director Megan Harrington responded that she would consider the existing mule operation a legal nonconforming use and that the operation could continue so long as it did not expand or require a new site development plan. Harrington told the owner, “I would consider that legal non-conforming unless they try to increase or do something new or need a site development plan.”

Planning staff also noted the county attorney was monitoring the meeting remotely and Justin Kilgore announced the commission’s next meeting would be June 18. Vice Chair Whitney closed the meeting after the consent items and the commission adjourned by acclamation.

Votes at a glance
• SP215 — Preliminary plan for Viewpoint Estates Filing No. 2: Moved by Miss Morris; seconded by Britain Jack; outcome: forwarded to the Board of County Commissioners (unanimous).
• SF2142 — Final plat for Viewpoint Estates Filing No. 2: Moved by Mr. Shibbles; seconded by Mr. Bailey; outcome: forwarded to the Board of County Commissioners (unanimous).
• CC261 — Mule Haven rezoning (A5 → CC): Moved by Mr. Bailey; seconded by Miss Emmer; outcome: forwarded to the Board of County Commissioners (unanimous).

What happens next
The three items will be considered by the El Paso County Board of County Commissioners; the planning commission’s role on these items was advisory. The planning staff identified conditions and notations for the plats and noted water sufficiency findings for the Viewpoint Estates submissions.