Project Review Comments

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Project Name
Flying Horse North Metropolitan District Nos. 1-5
Description
This will be a 910-acre residential and commercial (including a hotel) development. Max Debt: $450,000,000 Max Debt Mill Levy: 50 mills (residential and commercial) Max O&M Mill Levy: 15 mills (residential and commercial)
Location
Parcels
5100000437 5100000437 5130000002 5130000002 5130000004 5130000004 5131000001 5131000001 6136000003 6136000003 6136000005 6136000005 6136004001 6136004001 6136004002 6136004002 6136004038 6136004038
Applicant
Spencer Fane LLC
Nicole Peykov ( npeykov@spencerfane.com )
(303) 839-3715
Nicole Peykov ( npeykov@spencerfane.com )
(303) 839-3715
File Number
ID234
Project Manager
Kari Parsons
Status
Closed
Created
4/24/2023 4:56:59 PM

View: Project Documents



Review Comments (23)

Link Agency Comment
County Attorney - Development Review
9/20/2023 2:21:18 PM
No comments. 9/20/2023 2:21:18 PM
Black Forest Land Use Committee
7/29/2023 9:00:29 AM
The Black Forest Land Use Committee recommends DENIAL of the metro district plan. While we are not opposed to using a metro district concept for funding infrastructure, we see several errors in the LOI that need to be corrected, so we recommend the LOI be returned to the applicant for correction.

The first and largest problem is the dollar cost. The Colorado Association of Home Builders states that the average cost of infrastructure for a development is $30,000-40,000 per lot. With about 900 lots this works out to $25-35 million. For the applicant to request approval to issue up to $450 million in bonds is unacceptable. This would allow the metro district board (made up of developer employees and owners in the beginning at least) to spend money that would not be in the best interests of the residents and would only raise property taxes. One outrageous budget item for the metro district is $62 million for landscaping. We find it hard to believe that such a large amount could be spent on that.

The second problem is including the golf clubhouse, fitness center and community convention center in the metro district. These are private facilities that are not permitted under Title 32 governing metro districts. Even if they are not planning to fund these three facilities with metro district bonds, the LOI needs to be changed to reflect it.

The LOI lists a number of homes and a dollar amount for those homes on page 1 of the LOI. The average cost of the homes for the three groups varies from $1875 to $120,000 so the numbers are very unrealistic and need to be updated.

There are several other areas where the LOI is poorly worded and needs to be scrubbed and reworked.

Therefore, we recommend returning this project to the applicant for further corrections and refinements.
7/29/2023 9:00:29 AM
County Attorney - Development Review
7/20/2023 2:22:25 PM
No comments at this time. 7/20/2023 2:22:25 PM
PCD Engineering Division
7/20/2023 8:01:21 AM
Engineering Review Ver.2

Utilities infrastructure, WWTP, and supporting arterial road improvements to be submitted and further reviewed during Prelim Plan and Final Plat submissions based on Ver.1 engineer comments and Developer response.

Thank you

Edward Schoenheit, Engineer I
E.P.C. Dept. of Public Works
2880 International Circle
Colorado Springs, CO. 80910
Office: 719.520.6813
Cell: 719.502.9659
https://planningdevelopment.elpasoco.com/
7/20/2023 8:01:21 AM
View PCD Project Manager
7/11/2023 11:47:55 AM
Please consider that staff appreciates the detailed response letter in regard to the letter of intent and service plan. Please note hearing bodies do not receive that review response, if the explanation is not incorporated into the letter of intent, the question may remain.

Please see minor service plan comments.
7/11/2023 11:47:55 AM
View EPC Parks Department
7/6/2023 8:34:13 AM
El Paso County Parks and Community Services Final Comments, 2nd Submittal - Please See Attached Documents (No PAB Endorsement Necessary for Metropolitan District Applications) 7/6/2023 8:34:13 AM
View El Paso County Conservation Dist
6/19/2023 11:46:28 AM
Late comments added with our apologies. 6/19/2023 11:46:28 AM
View PCD Project Manager
6/12/2023 4:02:32 PM
Service Plan Comments 6/12/2023 4:02:32 PM
View PCD Project Manager
6/12/2023 3:51:48 PM
Letter of Intent Comments 6/12/2023 3:51:48 PM
PCD Project Manager
6/12/2023 3:51:04 PM
https://epcdevplanreview.com/Public/ProjectDetails/179087
Please see Flying Horse North Sketch Plan Staff Report for Master Plan discussion by Staff and applicant (loi).
6/12/2023 3:51:04 PM
View PCD Project Manager
6/12/2023 3:44:59 PM
Donald Wescott Sub District Dissolution 6/12/2023 3:44:59 PM
County Attorney - Development Review
6/12/2023 1:29:54 PM
No comments at this time. 6/12/2023 1:29:54 PM
Northern EPC Coalition of Community Organizations, Inc. (NEPCO)(to also include the TLLU areas)
6/8/2023 8:48:57 PM
For NEPCO, While I am aware the County Commissioners approved the sketch plan over the objections of many neighboring landowners, This type of development has no place in an area like Black Forest. That said, No further approvals should be provided until there is some guarantee of adequate water resources without the depletion of the current aquifers that are already being threatened with continued high density uses. A golf course, hotel and many proposed residences will likely exceed the water available associated with this land.
No approvals should be granted without some assurance of timely infrastructure improvements such as HWY 83, Hodgen Rd, and Black Forest Rd. Creating this development prior to traffic infrastructure being in place is irresponsible and would seem to indicate preferential treatment by the County commissioners
6/8/2023 8:48:57 PM
Upper Black Squirrel Creek GWMD
6/7/2023 4:08:49 PM
The Upper Black Squirrel Creek GWMD does not have any comments at this time but respectfully reserves the right to comment on any future submittals. 6/7/2023 4:08:49 PM
View PCD Engineering Division
6/7/2023 5:46:11 PM
Engineering Review Ver.1

Please see engineer comments on the Service Plan, Engineers Opinion of Cost pgs 70-76.

Edward Schoenheit, Engineer I
E.P.C. Dept. of Public Works
2880 International Circle
Colorado Springs, CO. 80910
Office: 719.520.6813
Cell: 719.502.9659
https://planningdevelopment.elpasoco.com/
6/7/2023 5:46:11 PM
Tri-Lakes-Monument Fire Protection District
6/7/2023 2:33:52 PM
No comments. JCB 6/7/2023 2:33:52 PM
Mountain View Electric Association, Inc.
6/7/2023 1:53:50 PM
MVEA has no objection to the current plan 6/7/2023 1:53:50 PM
Black Forest Land Use Committee
6/2/2023 7:20:33 PM
The Black Forest Land Use Committee reviewed this project and recommends DISAPPROVAL for the following reasons:

1. Item A on the Letter of Intent says the metro districts will finance the golf clubhouse, fitness center and convention center. This is very wrong to commit every homeowner to pay for these facilities through metro district taxes. These three facilities should be funded by the developer. Many homeowners will not benefit a single bit from these facilities. Metro districts should be set up to build infrastructure that is of benefit to the entire development equally and no property owner should be forced to pay for facilities they may never use.

2. Item B on page 2 talks about District 1 guaranteeing the areas within the property are responsible for funding their" fair and equitable share of the costs of capital improvements and operations." Their fair share relates to roads, water systems and other utilities and not golf clubhouses, fitness centers and convention centers.

3. We do not know if the Metro Districts issue will include water quantity, quality and sustainability or not. Water issues may be delayed to the preliminary plan. The Land Use Committee believes it is time to draw the line against aquifer water being used for urban developments in the county. Developments with densities over one dwelling unit per 2.5 acres (minimum for a private well) should be required to find renewable water for their development. Flying Horse North proposes to use over a half million gallons of water per day from the Denver Basin. County officials need to look at water metro districts all over northern El Paso County and realize that all of them are looking for more water as their wells produce less and less. Cherokee has four wells on Sundance Ranch in that area and only two of them are producing. What kind of uncertain future faces Flying Horse North with only Denver Basin water?

4. On page 5, the applicant talks about highway 83 being widened to 4 or 6 lanes and Black Forest Road being realigned at Hodgen Road. These projects are not funded and may be far in the future. In the meantime, significant traffic will be generated by Flying Horse North.

5. The applicant says Flying Horse North exceeds the county requirement for 10% of open space. This is true if you count the golf course, but that course is a private course and not open to the public. Furthermore, open space is generally agreed to be undeveloped natural grassland or forest that caters to wildlife and trails.

The most significant issue in this LOI is the plan for the metro district to pay for the golf clubhouse, fitness center and convention center. These costs do not belong in the metro district plan and must be financed by the developers themselves since they are not a basic cost for the infrastructure of the development.

We recommend DISAPPROVAL of this proposal.
6/2/2023 7:20:33 PM
Academy Water & Sanitation
5/30/2023 3:31:52 PM
This plan does not affect AWSD 5/30/2023 3:31:52 PM
Black Forest Fire Protection District
5/28/2023 8:53:00 AM
Applicants shall demonstrate full compliance and conformance with El Paso County’s adopted Land Development Code (LDC), Engineering Criteria Manual (ECM), adopted International Fire Code (IFC), and all other adopted codes, provisions, or statutes that impact fire safety to include access/egress, water supply, hardening of structures, addressing, fire protection systems, etc. The applicant shall submit a comprehensive fire protection report from a qualified fire protection engineer that is licensed as a Professional Engineer (PE) by the Colorado State Board of Registration for Professional Engineers to demonstrate conformance to all requirements. Furthermore, the District does not support any waivers or variances that negatively impact any fire safety provisions including access/egress, water supply, hardening of structures, addressing, fire protections systems, etc. 5/28/2023 8:53:00 AM
View EPC Parks Department
5/24/2023 1:09:28 PM
El Paso County Parks and Community Services Final Comments - Please See Attached Documents (Administrative comments only - no PAB endorsement necessary for metropolitan district applications) 5/24/2023 1:09:28 PM
Academy SD 20 Building Fund
5/15/2023 7:22:03 AM
Academy District 20 is in receipt of File# ID234 for approval of Flying Horse North Metropolitan District Nos. 1-5.

The district has no comment regarding this request.

If you need additional information, please contact me.

Don smith
Planning Consultant
5/15/2023 7:22:03 AM
Colorado Springs Utilities, Dev, Svc.(includes water resources)
5/11/2023 10:29:36 AM
CSU does not have coverage in this area and has no comments
MR
5/11/2023 10:29:36 AM