County Planning
These active applications are summarized and updated below: Preliminary & Final Plat; Site Development Plan; Grading Permit; Metro District. There have been several iterations of development proposals for these parcels, beginning with the "Evergreen Gateway" concept in 2021, which was withdrawn in 2023. Items related to past proposals, actions, and consequences may be found under the Archive tab.
Note: The owners of El Rancho have said they are investigating moving the "historic part" of the building from the south side of US 40 to the "Observatory" property on the north side of US 40 as an alternative to demolition. There are essential considerations that have not been addressed by the applicants, agencies, or at the County planning level (topography, land area and potentially zoning, infrastructure, water, access, drainage, proximity to I-70). For the El Rancho building and proposed truck stop, see El Rancho/QuikTrip Details & Links. The same owner of the Observatory property continues to advertise "lots" that do not exist and allegedly plans a hotel directly across the road from what would be the largest gas station/truck fueling center in the entire Front Range.
Preliminary & Final Plat:
• Related County policy: Land Development Regulation § 6. Preliminary and Final Plat
• Process Guide
(10/8/2024) Case manager response (see SDP, below, regarding pre-application) - Plat
The application process requires public notification, administrative review, and Planning Commission and BOCC hearings. Among other documentation, the following are required: proof of water/sanitation, proof of fire protection and fire protection plan; major transportation study; access permit to state highway; landscape plan.
Site Development Plan:
• Related County policy: Zoning Resolution § 7. Site Development Plan
• Process Guide
(10/8/2024) Case manager response - SDP
The application process requires public notification, administrative review. Among other documentation, the following are required: proof of water/sanitation, proof of fire protection and fire protection plan; major transportation study; access permit to state highway; landscape plan; visual analysis; vegetation preservation plan.
(8/6/2024) The owner filed a pre-application for replatting the property to include six lots (#2024 121378 000 00 PA). The narrative submitted reads: "The development is anticipated to subdivide the aforementioned parcels and construct three buildings on the site; a 6,500 SF restaurant consisting of a restaurant, an 18,500 SF hotel, and a 1,600 SF bar. The proposed development includes 181 parking spaces and maintains the two existing access points off of US-40 and Rainbow Hill Road." The illustration shows an 8000 sq ft restaurant, 18,557 sq ft hotel, and 1622 sq ft bar. The area of the proposed development and other lots encompasses land the owner does not yet possess. This latest iteration is notably different from that submitted in February 2024 as a special district application (see below). The narrative refers to assumptions about water/sewer infrastructure that have not been reviewed or approved by the utility provider.
Grading permit application:
• Related County policy: Zoning Resolution § 16. Land Disturbance
(10/31/2024) Planner Klopf returned 2nd Referral comments to the applicant for resubmission of Final Documents. The application remains essentially identical to the original plan.
(9/30/2024) The applicant submitted revised plans to the case manager, including a revised diagram, and describes the operation entailing (cut) 21,593 cubic yards and (fill) 38,963 cubic yards (i.e., more total displacement than the previous version). The illustration still indicates an intention to disturb and bury the majority of the property, including eliminating mature trees.
(6/6/2024): The planner returned comments to the applicant following the 1st Referral review process (see the planner's 6/6/2024 comments here).
(4/29/2024): The application (#2023 138444 000 00 GPA) currently under review has been revised to import about 40,000 cubic yards of fill and cut about 16,000 cubic yards of rock and soil from existing topography. The proposed grading would entail clearcutting and buldozing more than 4 acres of the property, while filling in a natural valley and burying the majority of mature forest under a stockpile more than 600 feet long, up to 33 feet deep, sloping steeply to the I-70 right-of-way, and creating a network of ditches draining to a half-acre sediment basin (image below, and see current plan). The application indicates that additional fill 'may' be necessary, and other documents on file with the County illustrate and describe earthwork entailing more than 71,000 cubic yards and involvement of additional acreage in the envisioned development, however there is still no development plan on file with the County. The justification offered for grading and stockpiling at this time is the present availability of fill from the I-70 Floyd Hill Project.
(November 2023) The owner wrote in a post that he claimed to be factual: "We are being selective and are NOT clear-cutting the site. In fact, we are laying out the site to work around some beautiful Ponderosas on the property." The diagram he had submitted to the County at the time is here. (12/21/2023) Documents initially submitted to Jefferson County and CDOT indicated plans to haul about 94,000 cubic yards of fill dirt, to clearcut and bulldoze more than 6 acres of the property, to fill in the valley to create a platform 30-40 feet above I-70, and to reengineer the natural drainages to a system of two ditches and a large sediment basin at the bottom of the property (see initial plan).
Metro District application:
• Related County policy: Special Districts Policy
(3/4/2024) The Case manager's comments addressed several financial aspects of the application, including requiring an independent market analysis justifying the proposed indebtedness and the ability of the proposed district to repay the debt. The applicant requested, but was not granted, relief from that requirement.
(2/27/2024) The owner has applied to establish a metropolitan district funded by public debt (case #2024 104434 000 00 SV). The application proposes an initial series of bonds in 2025 for $24 million and a second series of bonds in 2035 for a total of $56 million; the owner also envisions imposing public improvement fees (PIF), a form of private tax, on both retail and lodging. The estimated cost of building the infrastructure alone is presented as $27 million. The proposed metro district of potentially 9.2 acres envisions 77,000 sq ft of commercial space, a 140-room hotel, and a 300-400 car parking garage with roads and utilities that exclusively serve those facilities. The "Observatory" properties are already included in water/sanitation, fire, ambulance, and transportation districts, and are adjacent to the Evergreen Parks & Rec district, all of which provide truly public facilities and services that the proposed district does not need to duplicate. Rather than pursuing private financing and forming a traditional POA, which has been the precedent for all other development throughout Evergreen, establishing a metro district (a state-regulated unit of local government) to fund infrastructure and provide management services provides a developer with a tax-exempt financing mechanism. Learn more about special districts and their proliferation here.
Citations:
Code violations (8/9/2024): The owner arranged for about 5000 cubic yards of unscreened fill dirt from CDOT excavations at exit 251 to be delivered, free of charge, to the property at 29259 US Hwy 40 from 7/29 to 8/1/2024. The operation violated certain terms of the access permit and occurred without a grading permit. It generated several code violations, which were cited by Jefferson County as follows (#2024 121813 000 00 CV): "Verified Violations: Stockpile slopes are exceeding the maximum allowed of 3:1 in several locations (16.F.18 of the Zoning Resolution). All stockpiles need sediment control to protect them including the small ones in CDOT ROW (Zoning Resolution 16.F.14.a). Vehicle tracking control needs to be installed for all entrances and exits on the site. Unused entrances need to be blocked with either construction fence or silt fence (Zoning Resolution 16.F.14.J)." The violations were partly mitigated about 6 weeks later.
Permit violation (1/10/2024): The owner began asbestos mitigation work on the Observatory building in mid-October with a CDPHE permit; no demolition permit had yet been issued by the County pending asbestos mitigation. The owner was informed of the need for a County permit, and claimed that he would have all the proper permits; the County permit may be obtained online and involves a $30 fee. The owner initiated demolition of the former Observatory Café building on 1/9/2024 without a permit. A Stop Work Order was issued on 1/10/2024 (#24 100759 000 SW BP). An application for a demolition permit was subsequently filed (#24 100810 000 00 BP).
Related:
• Developers demolish vacant El Rancho building, Canyon Courier, 1/18/2024
Grading Violation (11/2/2023): issued by Jefferson County (#23 133091 000 00 CV) for "Land disturbance of property potentially without a permit and not meeting performance standards." CDOT had previously instructed the developer that erosion control must be installed to protect the stormwater drainages from US 40 and I-70, and Jefferson County had previously informed the developer to employ Mile High Flood District Best Management Practices for erosion control. The electric utility, whose line runs through one of the disturbed areas, was neither informed nor gave permission for this work in their right-of-way. No erosion control was installed and no permits were issued beforehand. The owner subsequently contracted for straw wattles to be installed around the newly bladed area intended for dirt stockpiling.
Land disturbance and clearcutting (11/3/2023): On 10/10/2023, Jack and Sherry Buchanan, as "Northstar Ventures Ltd LLC" and its subsidiary "Observatory Holdings LLC", acquired the parcels at 29259-29339 US Hwy 40 through a deed of trust with assign of rents (private lender, Miller Bates LLC of Salt Lake City). Shortly thereafter, the developer began earthwork to prepare for delivery of a "large amount" of fill dirt to stockpile on the property. Along with that, the owner proceeded with heavy equipment to clearcut more than an acre of forest parallel to US 40 (see the developer's own photos).
