Council OKs building 8 homes in slide zone

A plan to build eight homes in an area described as "landslide susceptible" survived a last-ditch effort to derail it Tuesday.

But the issue sparked more talk among Colorado Springs City Council members on how best to ensure homes are protected from geologic hazards.

Councilwoman Judy Noyes, concerned about permitting homes in potential landslide areas, suggested the proposed Maytag Acres project in the Broadmoor area be sent back to the Planning Commission and perhaps be scaled down from eight to two homes - but her proposal didn't survive a vote from colleagues.

Instead, council members gave the 12-acre development final approval by an 8-1 vote, in part because developer Jim Morley, in an unusual concession, pledged to disclose potential landslide problems in sales contracts.

Concern about landslides from some council members comes as the Federal Emergency Management Agency prepares to spend nearly $4.4 million buying out homes damaged or destroyed by landslides triggered after last spring's heavy rains.

Also, the Small Business Administration plans to provide millions more in low-interest loans for victims who don't make the cut for FEMA money.

As many as 100 Springs homeowners, perhaps more, could end up getting the federal landslide aid.

Some have said the city needs to do more to ensure homes aren't built in risky areas and have suggested that developers and builders need to more fully disclose the risks to prospective buyers.

John Himmelreich, a local geologist and a member of the state's Hazard Mitigation Team, said developments need a final review from an independent body with technical expertise in geology and engineering.

Neither the city nor the developer provide that, he said. Instead, state geologists - who have no regulatory powers - often review development proposals but don't sign off on a final product.

"My only caution at this point in time is the project (Maytag Acres) has not undergone an independent technical review by engineers, and the Colorado Geological Society has not reviewed the final plans," he said in an interview. "That's my only caution."

Councilman Richard Skorman, the only dissenter on the Maytag Acres vote, also suggested state geologists review the final plans.

But Mayor Mary Lou Makepeace said there's only so much the city can and should do.

"I don't think we can assure a home buyer of anything," Makepeace said. "I don't think it's our job to say 'This is perfect and nothing will ever happen.'"

Added council member Lionel Rivera: "I think we're doing everything we can to warn the potential home buyer."

Robin Kidder, a senior civil engineer with the city, said a 1996 geologic hazard ordinance has gone a long way toward ensuring developments are safe from hazards.

He said there are requirements that developers and builders must now comply with, but added: "There are no guarantees with any of this stuff. You're dealing with Mother Nature."

- Todd Hartman covers the environment and may be reached at 636- 0285 or toddh@gazette.com

Buyer beware

Developer Jim Morley has agreed to place cautionary language in sales agreements to notify prospective buyers about the landslide risk. Most council members think that is all the city can, or should, do.

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