Skip to main content
The Citizen's Fight Guide — El Paso County Land Use | The Dais
El Paso County  ·  Citizen Fight Guide
Episode 006 Companion  ·  Land Use Edition

Nobody Told
Lauren
How Any of This Works.

Nobody tells most citizens. The rules exist. The process works. The problem is that it is completely invisible until you need it — and by then the hearing is tomorrow. This guide is the map nobody handed her. It covers every step, every document, every deadline, and exactly what to say and where to say it.

El Paso County Land Use Process  ·  Not legal advice  ·  Not affiliated with county government  ·  storyseedstudios.com
What's In This Guide
01 Before Anything Is Filed The Evidence Binder — What It Is 02 The Moment It's Filed The Formal Letter Template 03 Before the Hearing CORA Requests — What to Ask 04 The Day of the Hearing Quick Reference Contacts 05 After the Vote Downloads
First — Why Nobody Knows This The Invisible System
Laure did everything a reasonable person would do. She showed up. She researched. She spoke clearly. And she got redirected. Here is why — and why it was not her fault.

The El Paso County land use process is a quasi-judicial process — meaning it follows rules more like a courtroom than a town hall. The board is not just listening. It is building an official legal record that a judge would review if the decision is ever challenged in court. That record has specific rules about what goes in it and what doesn't.

General public comment — the kind Scowl used on March 17th — is not part of that record. It is genuinely not counted. Not because the board is dismissing her. Because the law puts it in a different category. Comments made during a general public comment period on a non-agenda item do not attach to a specific application. The moment a formal development application is filed, a new and separate process begins — and that is the process where everything counts.

The problem is that nobody tells citizens this. There is no orientation. There is no pamphlet at the door. There is no moment in the meeting where the chair explains that the comments being made right now will not follow the project into the formal hearing. Citizens show up, speak, feel heard or don't, and go home — and the record that actually matters was never touched.

This guide is what should have been handed to Laurel Scowl — and anyone else in the Tri-Lakes area — before she walked into that room.

Phase 01 Before Anything Is Filed — Do This Now
01
Right Now — Takes 5 Minutes
Get on the Notification List
The moment an application is filed is when your window opens widest

Go to elpasoco.com/planning and sign up for development application alerts. You want to be notified the moment a formal application is filed for the Buckey site — not when you read about it on Facebook, not when a neighbor calls. The moment it drops in the system. That is when deadlines begin and your ability to influence the outcome is highest.

  • Go to elpasoco.com/planning
  • Look for the Electronic Development Application Review (EDAR) portal
  • Search for the property: County Line Road / I-25 exit / Monument Ridge West LLC
  • Set up an email alert for any new filings on that parcel
  • Tell five neighbors to do the same — five independent watchers are harder to miss than one
02
Right Now — Takes 30 Minutes
Send the Procedural Reform Letter
Certified mail. This enters the administrative record whether they respond or not.

The formal letter below requests that the board reform its hearing procedures before the Buc-ee's application is filed. Sending it now — before any application — means you are on record requesting fair process before the fight begins. If the board ignores it, that ignored letter becomes evidence of exhausted administrative remedies. See the full letter template below.

  • Download or copy the letter template from this page
  • Fill in your name, address, organization name if applicable, and today's date
  • Print two copies
  • Send one via certified mail to: Clerk to the Board, 200 S. Cascade Ave, Colorado Springs, CO 80903
  • Email one copy to carctb@elpasoco.com with the subject line: Formal Request — Land Use Hearing Procedural Reform
  • Carbon copy County Attorney Kenneth Hodges via the County Administrator: 719-520-7276
  • Keep your certified mail receipt. That receipt is your proof of delivery.
03
Right Now — Takes 20 Minutes
File Your CORA Requests
Ask for documents that already exist. Some of them will surprise you.

The Colorado Open Records Act gives you the legal right to request government documents. File these requests now — before a hearing is scheduled — so you have the information you need before you need it. See the full CORA request guide below.

  • Email planning@elpasoco.com with your requests in writing
  • Put each request in a separate paragraph — it helps them route correctly
  • Date the email. Keep the sent copy. The clock starts when they receive it.
  • They have three business days to acknowledge and up to seven working days to respond for most records
  • If they deny a request, ask for the specific legal basis for the denial in writing
04
Right Now — Takes 1 Hour
Get One Land Use Attorney Consultation
Not to hire a lawyer. To understand the map before you need it.

You do not need to retain a lawyer full-time. But one ninety-minute consultation with a Colorado land use attorney will tell you things that are not in any public document — what arguments have worked in similar cases, what the county's specific vulnerabilities are, and what evidence matters most. Most land use attorneys offer initial consultations. The Colorado Bar Association has a referral service.

  • Contact the Colorado Bar Association Lawyer Referral Service: 800-332-6736 or cobar.org/lrs
  • Ask specifically for attorneys with land use and zoning experience in El Paso County
  • Bring this guide and your CORA responses to the consultation
  • Ask specifically: what is the strongest procedural argument available to us and when do we need to make it
  • Ask: has this developer or consultant been involved in other El Paso County applications and what happened
The Evidence Binder What It Is and What Goes In It

An evidence binder is a physical or digital collection of every document, photo, expert opinion, letter, and fact your coalition wants the board to consider. When submitted to the Planning Department before a hearing, it is legally required to be included in the board's packet — meaning every commissioner reads it before they walk into the room. This is the difference between hoping a commissioner heard you and knowing they read your evidence.

Submit it at least two weeks before the hearing date. Earlier is better. Once submitted it is part of the official record permanently — it cannot be removed, and it travels with the case if there is ever an appeal.

Evidence Binder Checklist
Print and use this
Tab 1 — Project History
Timeline of the project from first proposal to presentDates, applications filed, decisions made, withdrawals, stop-work orders — everything in chronological order
Prior quasi-judicial records from Palmer Lake proceedingsRequest these formally — they should carry forward but may need to be explicitly submitted
All prior formal objections filed by Monument Town Council, Integrity Matters, Tri-Lakes PreservationEven if filed with another jurisdiction — include them with a cover note explaining their relevance
The March 3, 2026 boundary line adjustment approval and subsequent stop-work order documentationWith dates, permit numbers, and county communications
Tab 2 — Infrastructure Concerns
Water supply analysisHow much water does the proposed development require? What is the current supply capacity? Who provides it?
Traffic study — independent analysis if possible120 pump gas station generates significant traffic. What does that look like at County Line Road and I-25?
Emergency evacuation route analysisMonument Hill has limited evacuation routes. Additional traffic in a wildfire scenario is a legitimate public safety concern.
Stormwater impact documentationUse CORA to request the stormwater compliance file for this parcel — Palmer's new documentation standards mean this file is active
Tab 3 — Community Opposition
Petition signatures with addressesAddresses matter — they prove signatories are constituents of the commissioners voting on this
Written statements from affected property ownersOne page each. Name, address, specific concern. Not general opposition — specific impact.
Letters from elected officials — Monument Town Council, Monument Mayor, Tri-Lakes area representativesOfficial opposition from elected bodies carries significant weight in the record
Expert opinion lettersEngineer, hydrologist, traffic analyst — even a one-page opinion letter from a credentialed expert on a specific concern strengthens the record substantially
Tab 4 — Legal and Procedural
Your formal procedural reform letter and any county responseShows you attempted to resolve the process concern before the hearing
CORA request responsesInclude both what was provided and any denials with their stated legal basis
Conflict of interest disclosure requestSubmit a formal written request for campaign contribution disclosure from all five commissioners regarding this developer and consultants
El Paso County Land Development Code sections relevant to this applicationSpecifically any provisions the Monument Council identified as potentially circumvented by the boundary line adjustment
Tab 5 — Photos and Visual Evidence
Dated photographs of the siteIncluding equipment activity after the stop-work order — date and time stamp everything
Aerial or satellite images showing proximity to residences, evacuation routes, water featuresGoogle Earth screenshots with annotations are acceptable
Comparable development photos from the Johnstown Buc-ee's locationShows the board exactly what 120 pumps and a 74,000 square foot building looks like in context
Phase 02 The Moment an Application Is Filed
01
Within 48 Hours of Filing
Submit Written Comments Immediately
Before the hearing date is even set — the record starts building now

The moment a formal application is filed, the quasi-judicial record opens. Every written comment submitted from that point forward through the Electronic Development Application Review portal is part of the permanent legal record. Submit early and submit often. One well-organized coalition comment submitted the day after filing carries more weight than fifty comments submitted the night before the hearing.

  • Go to the EDAR portal at elpasoco.com/planning
  • Find the application by parcel number or applicant name
  • Submit your evidence binder as a single organized PDF attachment
  • Submit a concise cover letter summarizing your coalition's specific legal and factual objections
  • Have each member of your coalition submit an individual written comment — volume matters and individual comments show breadth of opposition
02
Within One Week of Filing
Designate Your Representative and Practice the Time Pool
Thirty minutes of coordinated presentation beats ten people with three minutes each every time

Identify the person in your coalition who speaks most clearly under pressure, knows the evidence binder cold, and can stay calm when interrupted. That is your designated representative. Then organize at least nine other people to formally cede their time at the hearing. Practice the sequence out loud before the hearing day.

  • Designate one primary speaker and one backup
  • Prepare a written statement — typed, timed to thirty minutes, with tab references to the evidence binder
  • Practice the time-ceding sequence: each person stands, states their name and address, says "I cede my three minutes to [Name] for a coordinated community presentation," and sits
  • The designated representative then requests the cumulative time from the hearing officer — on the record, on camera
  • If the board denies it, that denial is now permanently in the record and is itself evidence for an appeal
Phase 03 Before the Hearing
01
Two Weeks Before the Hearing
Submit the Complete Evidence Binder
Physical copy to Planning Department. Digital copy to EDAR. Both.

Submit your complete evidence binder — physical and digital — to the El Paso County Planning and Community Development Department. Physical address: 2880 International Circle, Colorado Springs, CO 80910. Ask for a dated receipt. The binder must be included in the board's meeting packet.

  • Print and bind the physical copy — tabbed, paginated, with a table of contents on the cover
  • Create a single PDF of the complete binder for digital submission
  • Hand-deliver the physical copy and ask for a dated receipt
  • Email the digital copy to planning@elpasoco.com and upload to EDAR
  • Follow up in three business days to confirm it was received and will be included in the board packet
02
One Week Before the Hearing
Request Conflict of Interest Disclosure
Uncomfortable. Legal. Permanently on the record.

Submit a formal written request — via email and certified mail — asking for disclosure of any campaign contributions from Monument Ridge West LLC, Vertex Consulting Services LLC, Craig Dossey, or any related entities to any sitting commissioner. Submit it before the hearing so the request is already in the record when you raise it at the hearing itself.

  • Email carctb@elpasoco.com with the subject: Campaign Contribution Disclosure Request — [Application Number]
  • Address it to the Clerk to the Board and to Kenneth Hodges, County Attorney
  • Ask for disclosure of contributions from: Monument Ridge West LLC, Vertex Consulting Services LLC, Craig Dossey, and any known affiliated entities
  • At the start of the hearing, ask the hearing officer on the record whether any commissioner has received contributions from the applicant or their consultants — even if you already know the answer
Phase 04 The Day of the Hearing
01
Arrive 30 Minutes Early
Sign In and Coordinate Your Coalition
The sign-in sheet is itself part of the record

Every person who signs in as opposing the application adds to the documented weight of opposition in the record. Make sure everyone who came to support your position signs in correctly — with their name, address, and indication of their position on the application.

  • Arrive at least 30 minutes early — Centennial Hall Auditorium, 200 S. Cascade Ave
  • Confirm with your designated representative that they have the evidence binder, their prepared statement, and the tab references ready
  • Brief the nine time-ceding participants on the exact script and the sequence
  • Identify someone to take notes on everything said during the applicant's presentation — discrepancies between their presentation and the record are useful
  • Have someone recording the hearing on a phone as backup — the county records it but your own copy protects against gaps
02
During the Hearing
What to Say and When to Say It
Everything said here is permanently in the record
  • At the opening: Ask the hearing officer whether the board has received and reviewed the community evidence binder submitted [date]. Get a yes or no on the record.
  • Before public comment begins: Request conflict of interest disclosure from all commissioners regarding contributions from the applicant and consultants. On the record. On camera.
  • Time pooling sequence: Have the nine participants cede their time in sequence. Designated representative then formally requests cumulative time from the hearing officer.
  • The presentation: Reference evidence binder tabs specifically. State facts, not feelings. "Tab 3, page 12 shows that the traffic study does not account for..." is more useful than "this will destroy our community."
  • Request rebuttal time: After the applicant's closing, formally request a community rebuttal period. Even if denied, the denial is in the record.
  • Before the vote: Ask each commissioner on the record whether they have reviewed the community evidence binder in its entirety. Yes or no. On camera.
Phase 05 After the Vote — Either Outcome
01
If It Passes
The Appeal Window — Know Your Deadline
You have 30 days. The record you built is what you take to court.

In Colorado, a land use decision by a county board of commissioners can be appealed to district court within 30 days of the decision. The administrative record — everything you submitted, every denial you documented, every procedural request you made and had denied — is what the judge reviews. The letter you sent via certified mail. The evidence binder. The time-pooling denial on camera. All of it matters now.

  • Contact your land use attorney immediately — the 30-day appeal window starts from the date of the decision
  • Request the complete official administrative record from the Clerk to the Board within 5 days of the decision
  • Document any conditions of approval that are not being met as construction proceeds
  • Continue filing stormwater CORA requests — Palmer's new documentation standards mean violations will now be on record
02
If It's Denied
Monitor Conditions of Denial
A denial is not always permanent. Watch what happens next.

A denial can be appealed by the applicant, resubmitted with modifications, or worked around through a different application type. The fight is not over at the vote. Continue monitoring the EDAR portal for any new filings on the parcel. Continue attending BOCC meetings when this site appears on any agenda item.

  • Keep your EDAR notification alerts active — any new application on this parcel triggers your process again
  • Request in writing that the county notify your coalition directly of any new applications on this parcel
  • Preserve your evidence binder — it becomes the foundation of your next binder if needed
  • Document any activity on the site and continue filing stormwater and permit compliance CORA requests
The Formal Letter Ready to Send — Customize and Mail
↓ Print this. Fill in the brackets. Send certified mail to 200 S. Cascade Ave, Colorado Springs CO 80903
Formal Document — Send Certified Mail
DATE: ___________________________
TO: El Paso County Board of County Commissioners; Kenneth Hodges, County Attorney
FROM: ___________________________
RE: Formal Request for Procedural Reform of Quasi-Judicial Land Use Hearings
CC: carctb@elpasoco.com · County Administrator 719-520-7276
I. Purpose of Request

This letter is a formal request for the Board of County Commissioners to review and modify its current procedures regarding land use hearings. The current application of the three-minute public comment rule to organized community opposition fails to provide adequate opportunity to be heard under due process requirements — particularly when compared to the structured, unlimited time granted to permit applicants and their consultants.

This is not a complaint about any specific project. It is a request for structural reform of the hearing process itself, consistent with the Board's authority to manage its own proceedings under Colorado law.

II. Proposed Procedural Modifications

We request that the Board adopt the following four reforms to the El Paso County Land Use Hearing Rules:

  1. Formal Recognition of Community Representatives. Establish a process where a recognized neighborhood association or organized coalition may designate a single representative to provide a coordinated presentation with time equivalent to the applicant's presentation.
  2. Time Pooling. Allow citizens to cede their three-minute slots to a designated spokesperson, granting that spokesperson cumulative time — up to 20 to 30 minutes — to present evidence, expert testimony, and organized rebuttal.
  3. Automatic Incorporation of Prior Records. Require that all testimony, exhibits, and evidence submitted during any prior quasi-judicial proceeding involving the same project, the same site, and the same developer — regardless of jurisdiction — be formally entered into the Board's permanent record without requiring citizens to manually resubmit documents at each stage.
  4. Community Rebuttal Period. Grant the opposing community a brief rebuttal period following the applicant's closing remarks, ensuring a balanced final word on contested facts before the board votes.
III. Request for Agenda Item

I am formally requesting that a discussion of these procedural reforms be placed as an action or non-action agenda item at a Tuesday morning meeting within the next 60 days. To schedule an item, I understand the process is to contact the County Administrator at 719-520-7276. This is a matter of significant public concern regarding the transparency and fairness of the county's growth management process.

IV. Request for Written Response

If this request is denied, I request a written response from the County Attorney's office outlining the specific legal or administrative grounds for denial. This documentation is requested to ensure a clear administrative record should further appellate action become necessary.

Respectfully Submitted,

Signature: ___________________________
Printed Name: ___________________________
Address: ___________________________
Phone / Email: ___________________________
Organization (if applicable): ___________________________

Clerk to the Board: carctb@elpasoco.com · 719-520-6430
Mailing Address: 200 S. Cascade Ave, Colorado Springs, CO 80903
CORA Requests File These in Writing — Email to planning@elpasoco.com
Request 01 — Most Important
Internal Attorney Guidance on Speaking Time
This document either exists and tells you exactly how the county has internally justified the time imbalance — or it doesn't exist and that tells you something too. Either way this is your most useful first request.
All internal memos, emails, or guidance documents provided to the Board of County Commissioners by the County Attorney's office regarding the allocation of speaking time for permit applicants versus members of the public in quasi-judicial land use hearings, from January 1, 2020 to present.
Request 02
Stormwater Compliance File — Buckey Site
Joshua Palmer's new documentation standards mean the stormwater compliance file for this parcel is now substantially more detailed than it was before 2026. Any violations, inspections, or permit activity on the site is in here.
All stormwater compliance records, inspection reports, permit applications, and violation documentation for the parcel located at the County Line Road / I-25 interchange in unincorporated El Paso County, associated with Monument Ridge West LLC, from January 1, 2024 to present.
Request 03
Planning Staff Communications with Vertex Consulting
Vertex Consulting Services LLC, run by former Planning Director Craig Dossey, submitted the boundary line adjustment application. Any communications between county planning staff and Vertex regarding this application are public records.
All emails, letters, meeting notes, and written communications between El Paso County Planning and Community Development Department staff and Vertex Consulting Services LLC, Craig Dossey, or Monument Ridge West LLC regarding the boundary line adjustment approved on or around March 3, 2026, for the County Line Road I-25 parcel.
Request 04
Campaign Contribution Disclosures
Campaign finance records are public. This request gets you the documented contribution history before you raise the conflict of interest question at the hearing.
All campaign contribution disclosure records for current El Paso County Commissioners Carrie Geitner, Lauren Nelson, Holly Williams, Bill Wysong, and Cory Applegate, reflecting contributions from Monument Ridge West LLC, Vertex Consulting Services LLC, Craig Dossey, or any entity affiliated with the proposed development at County Line Road and I-25, from January 1, 2020 to present.
Request 05
In-Lieu Fee Documentation — Fountain Creek
Commissioner Wysong mentioned a potential funding source involving an in-lieu fee for Fountain Creek. Track where this money has gone and whether any of it has been credited to developments that should have addressed stormwater impact directly.
All documentation relating to in-lieu fees collected by El Paso County for Fountain Creek watershed mitigation from January 1, 2020 to present, including the amount collected, the developments from which fees were collected, and the projects or expenditures those fees funded.
Quick Reference Every Contact You Need
Submit Comments & Binder
EDAR Portal + Planning Dept
elpasoco.com/planning
planning@elpasoco.com
2880 International Circle
Colorado Springs CO 80910
Send Formal Letter
Clerk to the Board
carctb@elpasoco.com
719-520-6430
200 S. Cascade Ave
Colorado Springs CO 80903
County Attorney
Kenneth Hodges
Via County Administrator
719-520-7276
Copied on all formal letters
Schedule Agenda Item
County Administrator
719-520-7276
Items must be submitted by noon on the Monday before the Tuesday meeting
Agendas posted Thursdays by 5pm
Land Use Attorney Referral
Colorado Bar Association
800-332-6736
cobar.org/lrs
Ask for land use / zoning experience in El Paso County specifically
Upload Confusion
StorySeed Dropbox
Record what you don't understand. Upload it. We'll help decode it.
dropbox.com/request/weyT1npoz5RwYQxmo0o3
Downloads Print and Use
📋 Checklist
Evidence Binder Checklist
The complete tabbed checklist of everything that goes in your evidence binder. Print this and work through it before you submit. Organized by tab with checkboxes.
↑ Upload Your Draft ⎙ Print This Page
✉️ Template
Procedural Reform Letter
The formal letter template above — ready to fill in and send. Send certified mail to 200 S. Cascade Ave. Keep your receipt. That receipt matters later.
↓ Download Letter Template
📂 CORA
Five CORA Request Templates
All five CORA requests above in copy-paste format. Email to planning@elpasoco.com. Put each in a separate paragraph. Date the email. Keep the sent copy.
✉ Open Email Draft
📍 Notifications
Set Up EDAR Alerts
Go to the Electronic Development Application Review portal and set alerts for the County Line Road parcel. You want to know the moment anything is filed. Not when your neighbor texts you.
Go to EDAR Portal →