Buc-ee’s appeals county decision on proposed zoning designation
EL PASO COUNTY, Colo. (KRDO) -- Buc-ee's has officially appealed El Paso County's decision after the county's Planning and Community Development Director was unable to determine whether the proposed development near Interstate 25 and County Line Road qualifies as a "convenience store" under the county's Land Development Code.
According to an update posted on the El Paso County website, the appeal will now be considered by the Board of County Commissioners at a future public meeting. Officials say the time and day of the meeting will be provided later.
The appeal will discuss the following single issue according to El Paso County:
The appeal is limited to a single issue: whether the proposed Buc-ee’s use is an allowed use in the C-1 zoning district or is similar enough to be an allowed use to be considered as such. The Board of County Commissioners is only deciding the land-use classification, and their decision does not approve or deny the actual development.
The plot of land bought by Buc-ee's in April is zoned as a C-1 district. Some of the current approved uses for buildings in C-1 zoning districts are:
- Amusement center
- Bar
- Barber/beauty shop
- Billiard parlor
- Car wash
- Child care center
- Convenience store
- Emergency facility
Buc-ee's was asking the county to be labeled as a convenience store, but the Planning and Community Development director was unable to fully determine if the proposed store would fit the requirements.
KRDO13 has been added to dozens of emails from Tri-Lakes area residents that have been sent to county commissioners. Those neighbors argue the proposed development does not meet the spirit of a "convenience store," and point to Buc-ee's using the term "travel center" on public websites.
According to the county's website, the planning director says it is unclear if the facility meets the requirements of a convenience store under the Land Development Code and was unable to determine similar uses that fit the code.
Buc-ee's can now appeal the decision within 30 days. Staff will have two weeks to review the decision and will then give a written response, according to the county's website.
If an appeal is filed, the county will follow the appeal procedures that are listed in the Land Development Code. More information on next steps, including any public hearings, will be released if an appeal is filed.
Buc-ee’s originally tried to annex the property into the town of Palmer Lake and emphasized the potential for nearly $1 million in sales tax revenue. The community of Palmer Lake pushed back heavily on the decision, citing an erasure of their small-town identity. Buc-ee's withdrew its annexation in February.
In recent reporting, a consultant for Buc-ee's confirmed they are still planning to build on the land if the project is approved by the county.
The county's website emphasizes that the decision is not an approval or denial of the application by Buc-ee's. It also says the decision doesn't authorize construction, development, signage or any other business operations.
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