March 13, 2018

NEPCO

P.O. Box 714

Monument, CO 80132-0714

Nina Ruiz

Development Services

2880 International Circle, Suite 110

Colorado Springs, CO 80910

Reference: The Dancing Wolf Estates Amendment and Replat

NEPCO is providing the collective input from its membership that includes8,600 homeowners, 40 HOAs and 18,000 registered voters within and around the Tri-Lakes area. The purpose of NEPCO, a volunteer coalition of Homeowner Associations in northern El Paso County, is to promote a community environment in which a high quality of life can be sustained for constituent associations, their members, and families in northern El Paso County. We collectively address growth and land use issues with El Paso CountyPlanners and the Town of Monument, as well as addressing HOA issues of common interest among the members. NEPCO achieves this by taking necessary steps to protect the property rights of the members, encouraging the beautification and planned development and maintenance of northern El Paso County.

NEPCO’s comments related to The Dancing Wolf Estates Amendment and Replat

  1. The Letter of Intent (and other documents) mention the planting of pine trees near Highway 83. How many trees or the distance between them is not mentioned. NEPCO is unable to find any specifics about them in the rest of the documents.
  1. Although it is unclear in the documentation, it appears that the two lots in the SE corner of the development will be designated as “community commercial.”The Water Supply Information Summary in the Replat application appears to state that Lot 1 of Dancing Wolf Estates (re-platted as Lots 1 and 2 of Dancing Wolf Estates IV) will be the lot that splits into 2 commercial lots, but it is not definitive.
  1. The Letter of Intent, pg. 3, Number of Commercial Sites Proposed & Floor Area Ratio of Commercial Uses, states that there will be 1 commercial lot average per 2.5 acres, and that 14,000 sq. ft will be the maximum size of the building floor area.NEPCO’s calculations show that 2.5 acres = 108,900 sq. ft. Divided by 14,000 = 7.78% coverage—NOT 6.4% for each parcel.
  1. Phasing: If the developer is asking for, or getting, “credit” for dedicating trails (to be maintained by the HOA) in its development, the developer should receive no credit unless it constructs the trails itself rather than waiting for the HOA to come up with enough funding (which could be never).
  1. In the Waiver Request in the Letter of Intent. There appear to be two errors in the documentation where it specifies which lots are being modified. On Line 1 “The newly created west parcel of Lot 2 of Dancing Wolf Estates III (to be know as Lot 6 (actually Lot 5) of Dancing Wolf Estates IV…” On line 4, “access to Lot 2 DWE III…” (should read IV).
  1. Again, in the Waiver Request, line 2 and several following lines there is a discussion about a 20’ ROW for access to the cul-de-sac. Examining the Plat, although there is no specific dimension stated for the access of Lot 2 Dancing Wolf Estates IV, there is a 30’ dimension for the road access that includes a 20’ easement for the County Regional Trail. It is NEPCO’s belief that this would be very dangerous to have an entrance to a commercial lot overlay a County Trail. If the County Trail is 20’ wide and the minimum acceptable access to the road for a residential lot is 20’ (subject to the granting of the requested waiver) then the south property line of Lot 1 DWE IV must be moved at least another 10’ north.

NEPCO’s comments related to water supplies in the Dancing Wolf Estates

  1. The water decree states “The amount of water for commercial use is sufficient to provide approximately 25,000 square feet of commercial space, based on an estimated demand of 80 gallons of water per day per 1000 square feet of commercial space. Sewage treatment will be provided by non-evaporative septic systems.”
  1. The stated limitation on water usage will limit the type of businesses that can use the location. For instance, no craft breweries.

Transportation/Access Concerns

  1. The Developer states that a traffic study is not required on the development because the “anticipated trip generation is less than 100 trips/day and less than 10 trips during the peak hour”. Without identifying the types of businesses that will occupy the community commercial lots, NEPCO is not sure how the Developer can make that declarative statement without caveats.

NEPCO’s final comments:

  1. Signed Water Court Decrees:NEPCO does not have trained water experts on its volunteer team, however we have considerable experience reading the claims by all the developers that there is plenty of water available for the next 300 years. The Area 3 Water Study done last year has determined that all wells in the Denver Basin using the deep aquifers will be operating at 35% by 2035 (17 years from now) and they will be nonfunctional by 2050. The shallow aquifers will be depleted at the same or faster rate.
  1. The water that will be used for this development appears to come primarily from the Dawson Aquifer—the shallowest aquifer in the Denver Basin.This house of cards, requiring a 300-year supply of water and always finding it, will not stand much longer.It is interesting that the Decree requiresthe future HOA for this area to pay for post-pumping depletion augmentation down the road (like over 300 years from now).
  1. Further, if El Paso County is to say that it 'plans' for future development, then its 'plans' should have some specific limits.If for water the limit is 300-year supply, then a development 'plan' that clearly does not have a 300-year supply should be rejected outright. What will be the plan then when all existing residents run out of water simultaneously? The saying in Colorado is “Whiskey is for drinking, water is for fighting.” No County Commissioner will last through the backlash and the EPC Development staff will be blamed for their negligence.
  1. Voters don't want their existing homes left waterless-for the temporary benefit of people who don't even live here yet-after current County staff have retired. Voters/taxpayers want defendable, compliant decisions now.

Thank you for the opportunity afforded NEPCO to work with the El Paso County to ensure we have planned, responsible growth.

//SIGNED////SIGNED//

Thomas M. VierzbaLarry Oliver

Vice President, NEPCO President, NEPCO

Chairman,

NEPCO Transportation and Land Use Committee

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P.O. Box 714, Monument, CO 80132-0714

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