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Vol. 25 No. 9 - September 6, 2025
Palmer Lake Planning Commission, Aug. 20 - Buc-ee’s annexation vote postponed
By James Howald and Jackie Burhans
The Palmer Lake Planning Commission (PLPC) met Aug. 20 to hold a public hearing on the proposed Buc-ee’s annexation. The public hearing ran for six hours and was attended by more than 100 people. Three items were on the agenda: annexation, zoning in the form of a Planned Development (PD), and a sketch plan. Charlie Ihlenfeld, the Planning Commission chair, said the meeting would begin with comments from town staff, then the applicant would present, the public would comment, the commission would discuss the application, and, finally, the commission could act on the three items if they chose to do so.
Staff comments
Palmer Lake Town Attorney Scot Krob commented on the legality of a recording that has been circulating on social media of Ihlenfeld commenting favorably on the Buc-ee’s annexation. Krob said annexation was a legislative matter, and Ihlenfeld was entitled to comment on legislative matters. Zoning and the sketch plan were quasi-judicial matters, Krob said, and the legal precedents regarding those issues were not settled.
Krob explained that PDs have increased flexibility, and it is expected that in the case of a PD, topics such as setbacks, building heights and lighting are matters that can be negotiated.
Applicant presentation
Nina Ruiz and Craig Dossey, of Vertex Consulting, were the main presenters of Buc-ee’s application for annexation. Consultants from Kimley Horn, Ecosystem Services, and law firm Mulliken Weiner Berg & Joliet also spoke on civil engineering, traffic flow, environmental issues such as wildlife preservation, and the annexation agreement contract.
Ruiz pointed out that the property under consideration for annexation is in unincorporated El Paso County and is currently zoned Commercial (C1) and Commercial Community (CC). Gas stations and convenience stores are permitted uses in these zoning categories.
Dossey discussed how the proposed annexation related to the county master plan. That plan designates the property as transitional and identifies it as a potential area for annexation, he said.
John Desvardis, a restoration ecologist with Ecosystems Services, said the site, which is surrounded by I-25, County Line Road, and residential housing, was “already damaged and had more economic and cultural value than ecological value.” The Colorado Department of Transportation (CDOT) says I-25 is the most influential infrastructure in the area. There are no wildlife migration paths on the property, which had been run as a ranch previously, Desvardis said.
Scott Radcliff, of Buc-ee’s, presented the site plan for the travel center. The center is not a truck stop and will use traffic circles and signals to control access, he said. He explained that the underground fuel tanks would be continuously monitored.
Stan Beard, director of real estate for Buc-ee’s, presented the plans for lighting and signs. He said the travel center would be as night-sky friendly as possible, but it was not possible to follow a strict night-sky ordinance. He said there would be no light trespass beyond the property lines, and the site would have 3,000 Kelvin lights that are dark sky compliant. He explained Buc-ee’s wants its parking areas to be lighted so they are safe and comfortable.
Beard requested a 100-foot sign for the travel center, which exceeds Palmer Lake’s maximum height for signs. He said sign height was important to Buc-ee’s brand but was negotiable.
Dossey said the sketch plan conformed to the town’s master plan. He argued the travel center would maintain the small-town look and feel of Palmer Lake because it was 1.5 miles from the town. The master plan states non-residential development is needed to provide tax base and services, and it encourages strategic annexations, Dossey said. He argued the travel center will enhance tax revenue and will showcase locally sourced merchandise.
Following the applicant’s presentation, Commissioner Mike Beeson pointed out that the town master plan discourages big box or franchise stores. Dossey argued the travel center does not fit the definition of big-box store and is smaller than the Walmart and Home Depot in Monument. It’s not a franchise, he said. Beeson said there were many places to buy gasoline already. Beeson asked if a bike lane could be added to the plan, but Ruiz could not commit to adding one. Commissioner Bill Fisher said there needs to be a bridge for cyclists to use County Line Road to get to the Greenland Open Space.
Beeson asked if the travel center would encroach on open space. Sarah Frear, a lawyer with Mulliken Weiner Berg & Jolivet, representing Buc-ee’s, said that question came up early in the process, and El Paso County, Douglas County and the Douglas County Conservancy have stipulated that an easement will be created to create a road right of way, and the final design will move any disturbances onto Buc-ee’s property.
Ruiz discussed the PD criteria. She said the surrounding roadways would not be impacted by the travel center, and the center would increase the value of the annexed property. The PD specifies 820 parking spaces. She said there is adequate screening and buffering in the plan, and there is no light trespass. Snow removal will be done by Buc-ee’s. Some open space will be provided, and the town will also receive cash in lieu of open space. The maximum building height will be 40 feet. Monument Sanitation District will handle wastewater, and the developer will pay all costs for water infrastructure. Pedestrian walkways, parking areas, and landscaping all conform to standards.
To conclude the applicant’s presentation, Frear reviewed the annexation agreement contract, which includes:
• $14 million for water system improvements that include two new wells, a water line and water treatment plant, as well as wastewater and roadway improvements.
• $150,000 cash in lieu of open space for other open space projects.
• $350,000 contribution to the town’s General Fund.
• $1.5 million in estimated annual sales and property tax revenue.
• $325,000 annual water revenue.
• $107,500 annually for the Monument Fire Department and the Palmer Lake Fire Department.
Fisher pointed out he had just received the 844-page packet hours before the meeting. He asked what zoning issues were included in the application and said he was concerned about something being hidden in the packet. Frear answered that the town should not sign the annexation agreement without reading it. She said the property would be zoned PD, and if the town changed the zoning later, Buc-ee’s could de-annex.
Commissioners’ questions
Fisher asked if the town was locked into the sketch plan or if detailed changes could be made. Krob said the board’s options were to approve the PD plan as presented, approve it subject to conditions, or deny it.
Commissioner Matt Stephen asked for clarification of the 1% sales tax credit that would go to Buc-ee’s. Frear said 1% of the sales tax would be rebated to Buc-ee’s for 20 years, and that is expected to amount to $500,000 annually to reimburse Buc-ee’s for infrastructure improvements.
Beeson asked if the town would have to pay for $5.9 million in infrastructure improvements. Frear said the town would have no such financial obligations. Krob said the annexation agreement says the town pays none of those costs.
Second annexation petition announced
Todd Messenger, attorney for United Congregational Church, said a competing annexation petition filed Aug. 18 takes precedence and halts further action on the Buc-ee’s annexation. He asked that the commission discontinue the hearing. Messenger said he knew Krob disagreed with his opinion.
Messenger’s announcement was met with raucous cheers from the audience, but the meeting was not halted.
Public comments
Forty-four attendees signed up to comment on the presentation from the Buc-ee’s consultants. Only two spoke in favor of approving the annexation.
Highlights of the public comments:
• Resident Ian Griffis disagreed with the ecologist’s comments about wildlife and cautioned the commission that it should verify the statements made by the consultants representing Buc-ee’s. He said CDOT and the Douglas Land Conservancy had not approved any part of the proposed annexation. Palmer Lake’s process was designed to minimize feedback and ramrod the project through. He ended by saying he thought the town leadership wanted the project, but the residents did not.
• Dan Niemela, a water resource consultant with BBA Water Consultants Inc., said he had led a study of the Denver basin aquifers, some of which are declining by 17 feet annually. He pointed out that the more groundwater Palmer Lake pumps, the faster the aquifers will decline. The town does not have a long-term renewable water plan.
• Caitlin Quander, a land use attorney, requested a continuance from the commission. The lengthy packet did not include the annexation agreement, third-party comments, or reports that were submitted to the town. The new annexation petition announced by Messenger required a continuance. Quander disagreed with Krob’s opinion on Ihlenfeld’s comments in favor of the annexation, arguing zoning is a quasi-judicial not a legal issue. If the commission continued the hearing, Quander recommended rejection of the proposal. She told the commission to go back to the table and negotiate a deal that protects the long-term interests of Palmer Lake.
• Resident Steve Draper also asked for a continuance because the commission had not read the packet, which they had just received. He reminded the commission that they represented the people, and canvassing had shown 70% of the residents opposed the annexation.
• Beth Harris, a candidate for a seat on the Palmer Lake Board of Trustees, said the El Paso County master plan is moot and the primary document to consider is the Palmer Lake master plan, which calls for small businesses and does not support a 74,000-square-foot store. She criticized the Buc-ee’s team for cherry picking from the town’s master plan. She pointed out that Buc-ee’s had revised its estimated water use upward three times. Her comments were met with applause.
• Kat Gayle, of Integrity Matters, objected to Ihlenfeld chairing the hearing because she said his fairness was compromised.
• Resident Roger Moseley, also a candidate for a seat on the Palmer Lake board, said he was surprised the commission was not offended by receiving the lengthy packet with no time to read it before the meeting. He cited several ways in which Buc-ee’s plan varied from the town’s master plan, which he helped to write.
Commission discussion
Beeson asked Krob to address the second annexation petition that Messenger had announced. Krob said Messenger had opposed the travel center since December and that he would take a look at the second annexation petition and give the commission his opinion before Aug. 28.
Fisher said he had two pages of issues with Buc-ee’s presentation. He did not agree the proposal complied with the town’s master plan. He wanted to preserve Palmer Lake’s small-town feel and natural environment. He pointed out that if a project does not comply with the master plan, the master plan must be amended before the project can be approved.
Fisher objected to the height of the proposed sign and asked for consideration of a smaller sign. He wanted more time to study the water reports. He pointed out that the travel center plan called for 187 more parking places than the municipal code allows and asked to see a plan with fewer spaces and less impermeable surface.
Beeson and Commissioner Andre Bergeron said they wanted to see the water and traffic reports from third parties that had been sent to the town but not provided to the commissioners.
Beeson said the commission had no choice but to continue its decision to a later date. Ihlenfeld asked Krob how that might be done, and Krob said the commission could continue the matter for up to 30 days. A longer continuance would require the consent of the applicant, Krob said, and without that consent a continuance of more than 30 days would be a denial.
Ihlenfeld made a motion to continue for three days. Beeson said more time was needed. Stephen said he was not comfortable with the annexation agreement he had received late the previous evening. Fisher pointed out the applicant would need time to respond to the issues he had raised. Beard said the Buc-ee’s team would address any issues the commission raised. Ihlenfeld’s motion to continue for three days failed on a tie vote, with Bergeron, Commissioner Herb Tomitsch, and Ihlenfeld voting yes and Beeson, Fisher and Stephen voting no.
After further discussion, the commission voted to reconvene on Sept. 3 and to submit its questions to the Buc-ee’s team by Aug. 27.
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The next special commission meeting is scheduled for Sept. 3. The next regular meeting is scheduled for Sept. 17. See the town’s website at www.townofpalmerlake.com to confirm times and dates of board meetings and workshops. Meetings are typically held on the third Wednesday of the month at the Town Hall. Information: 719-481-2953.
James Howald can be reached at
Jackie Burhans can be reached at
