REQUEST FOR FLYING HORSE NORTH GOLF COURSE
TO BE EXEMPTED FROM 300 YEAR WATER RULE
This request is for Flying Horse North (FNH) Golf Course to be exempted from application of the 300 year water rule. The Water Supply Standards of the El Paso County Land Development Code pertain to water supply requirements applicable to “subdivisions”. While the Code Standards do not expressly exempt golf courses from the application of the 300 year water rule, it is apparent that the Code is primarily focused on the issue of reliable domestic supplies for homes within a subdivision. The Code and associated policy does not support or require having a 300 year supply for entry ways, green spaces, parks, swimming pools or other community amenities.
From a practical standpoint, commencement of the golf course was allowed under the PUD zoning obtained in 2016 for FHN. There was no requirement for County review and comment upon the proposed golf course, nor was there any application of a 300 year water rule. To date, the golf course has been cleared, stripped, shaped and irrigation is being put in. The golf course will be completed, subject to grow in, by summer 2018. The only reason the golf course is even under consideration in this matter is because the applicant is platting lots adjacent to it. Just because adjacent ground is being platted, the County should not be able to require application of a 300 year water rule to a golf course which it otherwise could not have required.
Additionally, the subdivision approval submittals applicable to FHN all identified the golf course ground as either a golf course or open space. There is no requirement for a golf course to be constructed and maintained. The Covenants applicable to FHN expressly disclaim any responsibility or requirement for a golf course to be maintained and every prospective lot owner or homeowner is on public notice that this property will be a golf course or open space. Additionally, the purchase and sale contracts to be utilized by the applicant for selling lots to prospective purchasers also emphasize such points and make disclosure of such facts. If the ground in question was labeled “open space” the County would not attempt to require application of a 300 year water supply.
The applicant is asking BOCC to waive applicability of the 300 year water rule to the FHN golf course and make a non-conditional finding of water sufficiency and dependability for the application.
Looks god with one exception: the permission to grade the golf course was granted in conjunction with the PUD and the PUD is the zone that permits the golf course which would have been a use permitted by Special Use under the past zone.