Buc-ee’s representatives are set to appear before El Paso County officials as they appeal a key zoning decision on whether the company’s proposed development qualifies as a “convenience store” under the county’s development code.
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 across the Tri-Lakes area for nearly two years over water usage, open space and traffic.
The hearing hasn’t yet been scheduled, but a favorable ruling could move Buc-ee’s one step closer to developing the vacant site as its second Colorado travel center.
The appeal stems from an administrative determination request submitted last month by Buc-ee’s EPCO LLC. On July 1, Meggan Herington, El Paso County’s executive director of planning and community development, determined it was “difficult to classify the proposed use” of the Buc-ee’s development.
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.
The review found that the proposed Buc-ee’s 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.
“Because it is unclear whether the use meets the Land Development Code definition of a ‘Convenience Store,’ staff cannot determine whether it is sufficiently similar to allowed uses within the C-1 zoning district to qualify as an allowed use,” the administrative determination letter stated.
Under the Land Development Code, the Board of County Commissioners serves as the “ultimate interpreter of the meaning and application of this Code as to the type, nature and rights of uses.” As a result, the appeal will be brought before the board at a future public meeting.
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’t any information that he could share.
In the meantime, county officials have also sought to clear up what they described as misinformation about the appeal.
On Tuesday, the county posted a statement on its Buc-ee’s project webpage after seeing “some inaccurate information circulating” about the Board of County Commissioners’ July 23 land-use hearing.
Although the board has a regularly scheduled land-use hearing that day, officials said the Buc-ee’s EPCO LLC appeal is not on the agenda.
“If you are planning to attend the July 23 meeting to comment on the Buc-ee’s EPCO LLC appeal, please be aware that comments on this matter cannot be accepted into the official record for that appeal,” the statement said.
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.
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 [email protected].
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.
Representatives for Buc-ee’s did not respond to requests for comment from The Post.
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