According to the June issue of The New Falcon Herald, the Friends of the Black Forest Preservation Plan filed an appeal at the end of April on the El Paso County Board of County Commissionersí March 27 decision to approve a planned unit development rezoning for the Retreat at TimberRidge subdivision by a 3-2 vote (Darryl Glenn and Longinos Gonzales opposed the request). Earlier in March, the El Paso County Planning Commission had denied the rezoning proposal in a 7-0 vote.The 262.92-acre property is located north of the proposed Stapleton Road/Briargate Boulevard extension and is bisected by Vollmer Road. There is no update at this time on the status of the appeal.In light of the different conclusions from the planning commission and the BOCC on the TimberRidge rezoning issue, what is the role of the planning commission? And does the BOCC listen when the planning commission speaks?In El Paso County, major land use requests must be heard by two commissions before they can be approved: the EPC planning commission and the EPC Board of County Commissioners. According to the planning commissionís bylaws, the BOCC can appoint citizens to serve on the planning commission, which then makes recommendations about each land-use request to the BOCC.In an email to The New Falcon Herald, Dave Rose, EPC public information officer, wrote: ìThe Board of County Commissioners is elected by the people and has by Colorado law the final responsibility for major land use determinations. Whereas, the Planning Commission is an appointed board that may not necessarily have the broad level of accountability as duly elected representatives serving on the Board of County Commissioners.îLori Seago, attorney for EPC, said having a planning commission, while not required by state statute, provides a different perspective for the BOCC to consider. She said the additional input is valuable to the BOCC, as they consider each application before them.Although the planning commission and the BOCC must base their decision on whether a proposal complies with state laws and meets criteria designated by the EPC land use code, the two entities might not always agree, Seago said.ìIt may simply be that the Board of County Commissioners weighs the evidence a little differently,î she said.ìSometimes, a concern is raised at the planning commission meeting, and the developer works with county staff to tweak the application or go back to the residents for additional input.ìI do not doubt that the individual commissioners take into account the views of the planning commission, but obviously to what extent is individual to the commissioner and to each project.îAccording to the minutes from the planning commission and BOCC meetings since January 2018, the county commissioners have voted in opposition to the planning commissionís recommendation on two proposals: The Retreat at TimberRidge planned unit development and the Winding Walk at Meridian PUD. The commissions voted in agreement on the remaining 27 proposals.Rose wrote that he considers the planning commission as doing the ìheavy liftingî regarding land use requests, because they review the raw data gathered by county staff about proposed developments. During the review, staff and the planning commission often spend hours delving deeply into various details of the proposal, he wrote.ìWith Public Hearings along the way the Planning Commission is able to develop a recommendation for the Board of County Commissioners,î Rose wrote. ìMore often than not, a recommendation to approve will come with a number of stipulations and requirements that must be met.îRose wrote that citizens can challenge a decision made by the BOCC through the court system; however, merely disagreeing with the determination of the commissioners is not a legitimate cause for legal action.ìIt is their (BOCC) job to make tough decisions based on established laws, guidelines and codes; even if those decisions are sometimes unpopular,î he wrote.
