After months outside of the public hearing process, the plan for a 74,000-square-foot Bucee’s location is expected to be on a future agenda of the El Paso County Board of County Commissioners.

The issue at hand will not be whether to approve the construction plan, but instead to determine a code issue. Earlier this month, Buc-ee’s EPCO, LLC asked the county’s planning director to make a decision on whether a Buc-ee’s can be classified as a convenience store.

The developers argued that the Texas-based travel center chain fit the description of a convenience store, which would be an allowed use under the land’s current zoning. A gas station, on the other hand, is not.

Buc-ee’s has for over two years planned its second Colorado location at the County Line Road Interstate 25 exit, which is in unincorporated El Paso County north of Monument.

El Paso County Executive Director of Planning and Community Development Meggan Herington said in a July 1 letter that she could not make the determination. Buc-ee’s then appealed, so the matter will come to the El Paso County commissioners.

“The BoCC is the ultimate interpreter of the meaning and application of this Code as to the type, nature and rights of uses,” the county’s information page read.

No date has yet been announced for the discussion.