(COLORADO SPRINGS) — In a set of appeals to the City Planning Commission (City Planning), Colorado Springs Utilities (Springs Utilities) argues that the denial of its development plan modification for the Wilson Water Tank is contrary to the law and that the Planning Commission did not adequately follow review criteria.
Homeowners in the Mountain Shadows neighborhood began raising concerns in August when they realized the dimensions of the Wilson Water Tank exceeded the original plans. The original design indicated the tank would be 45 feet at its maximum height, but at the time neighbors spoke up, the tank was already being constructed at nearly 60 feet.
However, Springs Utilities argues in its appeal that the original development plan that was approved specified that all height measurements were merely estimates and that the actual height of the proposed tank was “unknowable” at the time the development plan was submitted because Springs Utilities had not yet hired its construction contractor or tank manufacturer.
Springs Utilities goes on to explain that it submitted an application for a building permit with the Pikes Peak Regional Building Department in May and that the application included the development plan and tank construction drawings, which showed the approximately 60-foot height. That application was approved, and Springs Utilities began construction based on the approval of its building permit.
However, after neighbors began to raise concerns, the appeal states that Springs Utilities determined through its own internal investigation that the building permit was not in compliance with the original 45-foot development plan, and City Code enforcement visited the site in June. The appeal states that Code Enforcement was “satisfied” that Springs Utilities had an approved building permit and left without any work stoppage.
Around this same time, Springs Utilities said it contacted its land use consultant and was informed that the City had “erroneously issued the building permit,” and it would need to submit a Major Modification to the development plan. The amended plan was sent to the Planning Commission, where it failed on a 2-6 vote.
Springs Utilities argues that the Planning Commission did not follow Uniform Development Code (UDC) review criteria when making this decision, stating that only one commissioner who voted against the application referenced the review criteria in his reasoning.
“The Planning Commission chose to not approve the application based on reasons that are not included in the review criteria,” reads the appeal. “As such, the decision of the Planning Commission is contrary to the express language of the UDC, clearly erroneous and contrary to the law. Had [the] Planning Commission applied the review criteria, it would have approved the Major Modification to the Development Plan.”
Springs Utilities also filed an appeal to the Planning Commission’s Notice of Violation and Order to Abate (Stop Work Order), arguing that Springs Utilities has “a vested right in its building permit under Colorado Law,” and that the Stop Work Order violates the law. Springs Utilities pointed out that its building permit has not expired, nor has it been revoked or forfeited.
FOX21 News has reached out to the City for comment and is awaiting its reply.
