El Paso County commissioners set to hear Buc-ee’s appeal of administrative determination

EL PASO COUNTY, Colo. (KRDO) -- The El Paso County Board of Commissioners will hear an appeal about a potential new Buc-ee's near County Line Road and Interstate 25 on Aug. 27.

The county says it will hear an appeal of an administrative decision issued by the Planning and Community Development Director where a determination about whether or not Buc-ee's qualified as a gas station under the Land Development Code.

Officials say the hearing does not determine whether or not the Buc-ee's will be built, but only looks at the land-use question. Any future development would require county reviews and approval.

According to the county, public input will be allowed at the hearing. Residents can submit written comments, attend the hearing or speak during the public comment section of the meeting. More information is available on the county's website.

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 town of Monument recently spoke out about the issue, asking the county to deny the appeal.

Stay up to date with the latest local news, sports, and investigations by downloading the KRDO13 app. Click here to download it from the Apple App Store. Android users can download it from Google Play here.