Westcliffe Planning Commission Votes No on Multifamily Rezoning
in Shadow Ridge Subdivision

—WESTCLIFFE, Colo.
by Gia Mc Nerney, Reporter
— Mailboxes on Mineral Road for the local people approved. Application for rezoning 2 lots in the … subdivision from single family to Multifamily denied. —
The regular monthly meeting of the Westcliffe Planning Commission was held on August 7th, 2024 at 3 p.m. in Patterson Hall. A quorum of Trustees was present, and proceedings commenced. Everyone recited the Pledge of Allegiance with pride. Next visitors were recognized, and the agenda was agreed to.
All approved last meeting’s minutes.
The trustees discussed old business which was a request for community mailboxes on the south side of Mineral Road for the local people. Leslie Parks got up to speak on behalf of this request. She received the Post Office approval for putting up community mailboxes on the south side of Mineral Road. She provided a hand drawn map, explained there was room for growth, and it would be set back to not hinder any traffic. The current need for mailboxes would be clusters of 16 for which they will need two and maybe three. This request was unanimously approved.
The next old business to be discussed was an application for rezoning BLK 12 & 13 of Shadow Ridge subdivision. Chris Lund, trustee, summarized and spoke of items from the last meeting on this business. He went on to explain Travis Oshman of PACCT Investments LLC from Pueblo is the owner of the BLKs 12 and 13 and is the applicant applying for rezoning to multifamily housing from single family. He then turned it over to Caleb Patterson, Town Manager, for 15 minutes. Caleb went over evidence that shows BLK 12 & 13 are zoned for single family. The lots were originally zoned as multifamily but were amended to single family many years ago. He presented evidence of this amendment and stated the fact that the county has it zoned as single family makes it so. After Caleb finished, Chris then gave time to hear from the applicant Travis. Travis is deaf and had two interpreters with him. Travis insisted his BLKs 12 & 13 are zoned multifamily. He said he does not believe the evidence Caleb presented and called it hearsay. He is asking for more evidence. The visitors kept asking where the town lawyer was. No clear answer was given. Caleb kept stating this is a court issue and it will be handled in court if it goes that far.
After Travis’s time, Chris Lund, gave 30 minutes for public comments, limiting three minutes to each. Resident of Shadow Ridge, Kit Shy, got up to speak. When Chris explained he had only 3 minutes, the rest of the visitors gave Kit their time, too. Kit spoke about the zoning of the subdivision. He spoke about the covenants and how everyone mows their weeds down. He noted the only lots that weren’t mowed were the two lots in question and the town lot. Travis took offense to that but was quickly quieted. Kit proceeded to talk about how they moved to this area for the quiet and peace of a small town and the scenery. He also spoke about our famous dark sky that the town is known for. He and other neighbors are afraid they will lose all of this if this rezoning is approved. He brought up the fact that the county is the main place for all our records. Since the county has this zoned as single family and this is a request to change what is there, they do not feel this is reasonable. After Kit finished speaking, he received nice applause from the visitors. Two more Shadow Ridge residents got up to speak against this application.
After the public comments, Caleb was given 15 minutes to speak on more evidence he gathered up. Caleb read from the Westcliffe Municipal code book regarding the requirements for rezoning. After Caleb was done presenting his points, Travis was given 15 minutes to speak. He gave his reasons why he wants to build multifamily housing. His reasoning was very general and in line with the push for housing by our current federal government. If I’m correct, the owners receive large
financial incentives. Travis used the phrase ‘you have taken away my rights’ quite a few times for which the visitors moaned. He continued about how he doesn’t agree with this zoning and how he wants more evidence. He kept talking about a plat map he was given that showed his two lots as multifamily. Chris asked to see his plat map and Travis handed it to him. Chris said the two lots did show as multifamily on the map, but then he noted the date on this plat map was February 7, 2005. Paul Wenke, Mayor, asked when he purchased the land which Travis replied in 2023. It is not clear where and who gave him this outdated plat map.
Chris reserved the next section for the Planning Commission to talk and ask questions of the applicant, town manager and visitors. Chris asked to hear from the visitors first. Connie Thompson got up to say since none of the three conditions that Caleb stated previously was a requirement for rezoning were met, this rezoning should not be approved.
Next, Mark Middendorf asked some good questions about why the town lawyer wasn’t there. It got heated. Then Mark asked why the applicant applied for rezoning if he thought it was already multifamily. It got a little loud when Chris said stop, he wasn’t going to let it become a zoo. They did address the question. It appears Travis found out the lots were previously rezoned when he went for his permit to build these multifamily housings. Caleb was sure to then add that the lawyer was stuck in court. Chris suggested since the lawyer wasn’t there, maybe they should put this off again. The visitors loudly disagreed, and Chris said ‘do you want to be decided against or…’ that really ticked off the visitors as it felt like a threat to them. More disagreeing went on between the applicant and the trustees. Chris asked does anyone have a motion to make. John Van Doren said he had certainly heard enough and he made a move to deny the application. Finally, the rezoning application was unanimously denied. Chris concluded the hearing of BLK 12 13 of Shadow Ridge and the room cleared out with huge smiles.
The new business of rezoning 106 South 7th Street was put off so this will now become old business. With no further items or public comment, the meeting was adjourned.