Amid controversy over an annexation request to build Colorado’s second Buc-ee’s location, the residents of Palmer Lake approved an ordinance last month that would require any increase to the town be put to a vote.

The prior process left the final decision with the town’s Board of Trustees, which is still scheduled to vote on the item Thursday. Questions remain on what the new ordinance means for the divisive project.

Developers of the travel chain now say they want to test the proposal on the ballot first.

“In the absence of other guidance on the timing of the election, the applicant must assume the language was chosen deliberately to allow the election to take place prior to the vote of the Board of Trustees,” reads a letter from the developers’ law firm submitted to the town on Sept. 29.

Palmer Lake’s Town Attorney Scott Krob told trustees in a memo that he recommended allowing developers to postpone a decision from the board until after an election.

“Having reviewed the Applicants’ request and discussed the matter with Town staff, my recommendation will be to approve the Applicants’ request and continue the hearing until after the annexation election,” Krob wrote.

The board on Thursday will likely need to decide whether to grant the developers’ request to postpone or go ahead with a vote on Buc-ee’s.

The developers are asking the town to approve a 74,000-square-foot location next to Interstate 25, about 2 miles from town. The plan includes building two new water wells and making improvements to County Line Road.

In a September special election, Palmer Lake residents voted overwhelmingly to approve the ordinance requiring ballot questions for annexations. Unlike Colorado Springs’ successful ballot initiative to halt the annexation of nearly 2,000 acres for a development called Karman Line this summer, the Palmer Lake ordinance applies to all new applications to the town.

The ordinance does not specify when an annexation request triggers a vote of the town — before the board makes its own determination or after. It also does not give guidance on when an election should be held.

Palmer Lake’s next regular election is in November 2026.