The City Planning Commission denied a Colorado Springs Utilities request to increase the allowed height of the Wilson Water Tank from 45 feet to 60 feet. The problem is, it's already built.
Noting that it likely would have been a different decision earlier in the process, the commission voted to deny a change to Utilities' permit, effectively holding it to the same standards as any other building project.
Ahead of a 6-2 vote denying a major modification to the permit, members of the city Planning Commission shared some choice words, saying Colorado Springs Utilities representatives had used "rhetorical gymnastics" to justify the "egregious" mistake, and that the cost to fix it should not be passed on to customers.
"This seems to be a classic case of we're begging forgiveness because we didn't ask permission in the right way in the first place...There have been comments made that a private developer would never have been able to get away with this, and they're right. We need to hold a public entity — a publicly owned entity — to a higher standard," said Chair Scott Hente.
The 60-foot-high tank is all but constructed — 83 percent done according to Utilities representatives who acknowledged that they learned of the error when a neighbor alerted them in June.
It appeared to the commission that no agency involved was checking on the construction during the building process.
"I am astounded how we got to this point. I'm astounded by utilities ... Who is minding the store at CSU," Hente questioned.
Utilities representatives noted upfront to the commission when neighbor Lawrence Starr alerted them to the discrepancy, that's the time when they should have amended the development plan.
But the hearing room at Pikes Peak Regional Building Department was nearly full of interested residents, city employees, and members of the press who wanted to know why the tank came to be 60 feet high in the first place.
"DN Tanks did final design and designed it in accordance with the tank we wanted. There was no screw-up. They designed it in accordance with the style of tank for that site," said Dave Padgett, general manager of projects at Colorado Springs Utilities.
It was a big moment in the meeting as it was made clear the tank was designed according to the needs of Utilities, and not the estimations presented on initial blueprints indicating the 45-foot height.
When asked by Commissioner Martin Rickett whether another, non-domed tank was ever considered, Padgett said no. Padgett noted that the way the land is zoned there is no height limit and that the height of the tank was always supposed to be determined during the development portion of the process. However, documents from that period still note the height of the tank as 45 feet.
"Whether it was right or wrong, it was written," said Commissioner Jack Briggs referring to the 45-foot height estimate that was shared with the Mountain Shadows neighborhood.
"If we just say, 'Well, it got big.' That gets very fuzzy out there for citizens to hold us accountable. How we got to here is the issue for me. It has been not as transparent and accountable as we should have been," said Briggs.
The options of removing the dome or retrofitting a new flat-top to the water tank to reduce its size were floated during the meeting. Water tanks with interior supports and flat tops are available and used nationwide but Padgett said, Utilities opted for a domed tank and didn't consider the other option as it presents more maintenance issues and reduces the life of the tank.
Taking the dome off and adding a free-standing top would invalidate the warranty and cause contract issues and is therefore not an option, he said.
In that case, "the responsible thing would be to start over again," Padgett told commissioners.
Chair of the commission, Scott Hente, who used to sit on the Utilities board a decade ago, expressed his frustration with the situation and with city planners and regional building employees who oversaw the project.
"I do not understand how a building permit was issued for a project that clearly exceeded its size. Page one says maximum, by code, is 45 feet. And in the letter a year and a half ago to Kimley-Horn, it listed several conditions. Among them, 'development must conform completely.' So how did a building permit get issued? How did they get approved," Helte noted rhetorically.
News 5 asked City Planner Bill Gray whether there would be any internal fallout in his office given the errors made and his response was, "I have no opinion."
This project has been in the works for years, as News5 Investigates previously reported.
An initial development plan was put forward by engineering firm Kimley-Horn in July 2021 and Utilities applied for a permit for the project that was approved in June of the following year by city zoning and engineering, setting the maximum height at 45 feet, according to city documents. City documents show the "tank elevation showed an approximate height because final engineering was not complete with a review of the development plan."
Despite that, a building permit was issued for the public facilities-zoned land for a height of 45 feet on May 5, 2023, according to city documents. Then the city's Development Review Enterprise signed off on the height as part of the land use permit.
"I do stand with my neighbors in opposition of this modification. I am a little appalled by how causally some of the applicants talk about this being not that big of a deal," said Peggy Anderson who lives near the water tank.
Gray did not share her and other neighbors' sentiment that a shorter tank would be aesthetically pleasing to the eye and be easier to mask on the landscape.
"The building height wasn’t a significant characteristic of this structure that we took into consideration. In my opinion, a 5 million gallon water tank is going to be big whether it's 45 or 60 feet. Its circumference is going to be big, its walls are going to be tall, the most important thing, at least I felt, was to look at landscaping and color," Gray told commissioners.
Padgett noted that Utilities would comply with any landscaping and color conditions recommended by city staff. Currently, the color is Juniper Green, though documentation shows it has changed multiple times through the planning process.
To complete the tank, Padgett said there are a few steps left, including two coats of sealant when the pigment of the color is added.
"Coating, and safety features for access still need to be done, as does connecting to the existing water line to tank. Then fill the tank and test its integrity. We wouldn't drain or demolish the existing tank until the other is ready to be placed in service," Padgett said.
One of the two votes to allow for the permit change came from Commissioner Andrea Slattery.
"I think that there is no question that errors were made and that process should be looked at, but what we’re talking about here – whether I see 2 degrees of dome or 4 degrees of dome, the bulk of the challenge is going to be the same," she said.
The second approval vote came from Commissioner Nadine Hemsler. However, they were in the minority.
"Intentional or unintentional, I think allowing this tank to stand would be a mockery of Planning and Zoning and the general public," said Commissioner James McMurray who noted this was the first project that had him questioning his future in serving on the commission.
"I think a 45 percent increase in the size speaks for itself. If that isn’t an adverse impact then I don't know what the meaning of the term is. Plan COS has an entire chapter dedicated to the majestic landscapes of the community. If for some reason it stands, I would say we should screen print that section of the code onto the tank so the mockery stands for all time."
After the vote, Padgett said Utilities will assess the next steps which could mean it will appeal the decision. If it appeals, that would then be considered by the city council.
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