Planning Commission approves Dakota Crossing setback modification despite neighbor concerns

The Colorado Springs City Planning Commission on Sept. 10 approved a minor amendment to a conditional-use approval for the Dakota Crossing development, allowing the project’s internal lots to avoid the ARFlex medium dimensional standard that had been imposed by a prior approval.

Senior planner Allison Stocker told commissioners the site is “7.62 acres of vacant land” northwest of the future intersection of South Chelten and Hancock Expressway and that the original conditional use required internal lots to meet ARFlex medium dimensional standards. Removing that condition will allow the development plan to proceed without applying the additional ARFlex requirements to the internal lots, Stocker said. “The plan is still to have the MXM setbacks applied to the periphery,” she added.

The applicant, represented by Andrea Barlow of NES, said the issue driving the request is garage-fronting units whose aprons fall short of a 20-foot driveway standard: “It is a garage setback. It is not a building setback,” Barlow told commissioners, and she noted the development includes 69 lots overall and that “28 lots are effectively with no driveway. We call them an apron. They are never intended to be a driveway. They are not intended for parking.”

Barlow and staff said the development plan provides more than the code-required guest parking (24 spaces provided where 14 are required) and that the developer will prohibit parking in the short aprons and rely on HOA enforcement and signage to do so. Stocker told the commission that the development plan and plat are otherwise found to meet applicable criteria.

Commission discussion centered on whether the change should be treated as a minor or major modification and whether the development plan would proceed administratively if the commission approved the modification. Stocker said the request is processed under the conditional-use modification rules and therefore required commission action because the original condition was set by the commission; she said that if the commission approves the amendment the development plan will proceed under administrative approval.

Public comment at the hearing included one caller who described concerns about parking and sidewalks; commissioners asked clarifying questions about sidewalks, accessibility, and the role of the HOA. Commissioner Robbins and one other commissioner expressed concern about HOA fees and compact lot sizes during discussion but the commission ultimately approved the modification.

The motion to approve the conditional-use minor modification was made on the record and passed with a recorded vote of 5–2. The commission’s chair read appeal instructions after the vote: an affected party may appeal the commission’s decision to the City Council within 10 days by filing notice of appeal and paying the requisite fee.