Planning commission recommends Hidden Creek Estates rezoning and final plat despite residents' evacuation concerns

The El Paso County Planning Commission voted 7-1 on Dec. 18 to recommend approval of a rezoning and final plat for Hidden Creek Estates, a proposed subdivision on Hay Creek Road that would create six single-family lots and require rezoning of 3.54 acres for Lot 2 from RR5 to RR2.5.

Planner Joseph Lettke told the commission the 28.54-acre parcel would be split into six single-family lots, with Lots 2 through 6 served by a private road and a single private floodplain crossing. He said the rezoning request is limited to the 3.54-acre portion needed to create Lot 2 and that both the state and county water-sufficiency reviews required for a final plat have been obtained. "The request before you today is for approval of a map amendment, rezoning, and a final plat," Lettke said during his presentation.

The applicant, represented by Craig Doss of Vertex Consulting, emphasized voluntary conservation measures on the site and agency review: "We are actually providing 52% of the site as open space preservation area," Doss said, and he noted Tri Lakes Monument Fire and county staff reviewed the plan and had no outstanding objections on access, water or fire-suppression measures.

Many residents who live in Hay Creek Valley urged the commission to deny the rezoning. Attorney Harmon Zuckerman, representing neighbors Ed and Renee Baer, argued the rezoning amounted to "spot zoning" and questioned whether public safety goals of the county master plan were satisfied. "Spot zoning is prohibited in Colorado," Zuckerman said, warning that the change would benefit a single landowner without a clear public benefit. Several neighbors described Hay Creek as a "box canyon" with limited egress: Renee Baer told the commission "Hay Creek functions as the only evacuation corridor for residents, emergency responders, and evacuation traffic." Commenters said the valley already has about 92 homes and roughly 20 more approved, and they urged a pause while county access rules and cumulative wildfire risk are reexamined.

Staff and the applicant countered that the county master plan allows 2.5-acre lots in this place type and that the proposed layout preserves substantial open space while minimizing floodplain crossings. Daniel Torres of the Department of Public Works explained the drainage analysis and said the developer submitted a "less than 6 inch rise" certification showing a maximum 0.4-foot increase at the crossing; permanent water-quality controls were not required because the disturbance is under 1 acre.

Commissioners debated the tension between local safety concerns and the code/plan basis for approval. Several commissioners said they were troubled by the safety arguments but ultimately concluded the application met the approval criteria and relied on the written reviews from Monument/Tri Lakes Fire and county staff. The rezoning motion passed by a 7-1 vote and the final plat passed by a 7-1 vote; the dissent was recorded by a single commissioner.

Both items will be forwarded to the El Paso County Board of County Commissioners for final decision at a scheduled hearing on Jan. 8, 2026. The commission repeatedly encouraged residents to work with Monument/Tri Lakes Fire and county staff if they seek further technical review of wildfire-evacuation and egress issues.

Votes at a glance P2413 (map amendment/rezone, Hidden Creek Estates) — Commission recommendation: approve; vote 7-1. SF 253 (final plat, Hidden Creek Estates) — Commission recommendation: approve; vote 7-1.

Next steps The Board of County Commissioners will consider the commission's recommendations on Jan. 8, 2026. The planning commission and several residents asked that Monument/Tri Lakes Fire be consulted further on valley-level evacuation planning and that county staff clarify how dead-end access frontage rules are applied in cumulative contexts.