Buc-ee\u2019s representatives are set to appear before El Paso County officials as they appeal a key zoning decision on whether the company\u2019s proposed development qualifies as a \u201cconvenience store\u201d under the county\u2019s development code.\n<\/p>\n
The Texas-based chain is seeking the go-ahead to build a 74,000-square-foot travel center and gas station along Interstate 25 near Palmer Lake, a proposal that has divided residents<\/a> across the Tri-Lakes area for nearly two years over water usage, open space and traffic.\n<\/p>\n The hearing hasn\u2019t yet been scheduled, but a favorable ruling could move Buc-ee\u2019s one step closer to developing the vacant site as its second Colorado travel center.<\/p>\n The appeal stems from an administrative determination request<\/a> submitted last month by Buc-ee\u2019s EPCO LLC. On July 1, Meggan Herington, El Paso County\u2019s executive director of planning and community development, determined<\/a> it was \u201cdifficult to classify the proposed use\u201d of the Buc-ee\u2019s development.\n<\/p>\n In the administrative determination letter, county staff said they reviewed previous approvals for convenience stores, gas stations, grocery stores with fuel components, and other allowed uses in the C-1 zoning district to inform their decision.\n<\/p>\n The review found that the proposed Buc-ee\u2019s facility, about 50 miles south of the Denver area, combines characteristics, impacts and design elements that are uncommon within unincorporated El Paso County, making it difficult to categorize the use under any single existing definition.\n<\/p>\n \u201cBecause it is unclear whether the use meets the Land Development Code definition of a \u2018Convenience Store,\u2019 staff cannot determine whether it is sufficiently similar to allowed uses within the C-1 zoning district to qualify as an allowed use,\u201d the administrative determination letter stated.\n<\/p>\n Under the Land Development Code, the Board of County Commissioners serves as the \u201cultimate interpreter of the meaning and application of this Code as to the type, nature and rights of uses.\u201d As a result, the appeal will be brought before the board at a future public meeting.\t\t\t\t<\/p>\n A hearing date had not been announced as of Wednesday. Ryan Parsell, executive director of government affairs at El Paso County, told The Denver Post in an email that there wasn\u2019t any information that he could share.\n<\/p>\n In the meantime, county officials have also sought to clear up what they described as misinformation about the appeal.<\/p>\n On Tuesday, the county posted a statement on its Buc-ee\u2019s project webpage<\/a> after seeing \u201csome inaccurate information circulating\u201d about the Board of County Commissioners\u2019 July 23 land-use hearing<\/a>.\n<\/p>\n Although the board has a regularly scheduled land-use hearing that day, officials said the Buc-ee\u2019s EPCO LLC appeal is not on the agenda.\t\t\t\t<\/p>\n \u201cIf you are planning to attend the July 23 meeting to comment on the Buc-ee\u2019s EPCO LLC appeal, please be aware that comments on this matter cannot be accepted into the official record for that appeal,\u201d the statement said. <\/p>\n The county further stated that individuals who wish to comment on this or any future land-use matters before the board should be aware that commissioners must remain neutral in quasi-judicial proceedings and may only consider evidence that is presented as part of the official public hearing.\n<\/p>\n To ensure comments are included in the public record, area residents and community members should provide them during the scheduled public hearing for the item or submit written comments by email to PLNWEB@elpasoco.com.\n<\/p>\n County officials said they will release additional information, including the meeting date, location, agenda and instructions for public participation and comment, once those details are available.\n<\/p>\n Representatives for Buc-ee\u2019s did not respond to requests for comment from The Post.<\/p>\n This is a developing story and may be updated. \u00a0\u00a0<\/p>\n