Title
A Resolution of the City of Colorado Springs approving a Service Plan for the Miller Downs Metropolitan District located generally northwest of the intersection of North Marksheffel Road and Dublin Boulevard.
Council District #6
Presenter:
Allison Stocker, Senior Planner, City Planning Department
Daniel Sexton, Planning Manager, City Planning Department
Body
Summary:
This service plan would allow the formation of the Miller Downs Metropolitan (“District”) to finance public improvements for the benefit of all anticipated inhabitants of the District and to finance ongoing service operations and maintenance functions or services, and limited powers of eminent domain to acquire access. This District will serve single- and two-family residential units within nineteen (19) acres of vacant land northwest of the intersection of North Marksheffel Road and Dublin Boulevard.
Background:
The proposed District would provide public improvements and operation and maintenance services for the service area as specified in Initial District Boundaries (refer to Exhibit C) which contains approximately nineteen (19) acres. The District’s purpose is to plan, design, engineer, finance, and refinance costs associated with providing the public improvements and services necessary to support the project. The service plan will undertake the financing and construction of public improvements and provide any necessary administrative functions and ongoing services as authorized by the service plan.
The service area of the Initial District Boundaries includes approximately nineteen (19) acres of vacant land. The property is bordered by land annexed into the City on the west, south, and southeastern corner, and is bordered by vacant or low-density County uses on the north and northeastern corners. Due to the limited expansion potential in the area and the District’s intentional inclusion of all the land they need to complete their project, the proposed service plan did not include a Future Inclusion Area Map (Typically included as Exhibit C-2 in District service plans). Per Colorado State Statute, if the District decides to ever include or exclude land in the future, the District will not be permitted to alter the service area without providing an updated service plan with a Future Inclusion Area Map and receiving written consent from City Council to allow the proposed inclusion.
The District is planned to be developed with residential land uses consisting of 139 single and two-family residential units. The District has been submitted for Council consideration concurrent with applications to annex the property into the City (ANEX-24-0016), establish a City zone district (ZONE-25-0016) and establish a land use pattern through a Land Use Plan (LUPL-25-0006). The proposed zone R-Flex Medium allows for medium density product types, and the submitted land use plan establishes the development pattern and the Streamside Overlay (SS-O) for the adjacent Sand Creek. The resolution hearing for the District will be held concurrently with the hearings for the annexation, zone establishment, and land use plan as the District cannot be created while the property is still within the County’s jurisdiction. These hearings will be scheduled for a later date.
The maximum debt authorization for the District is proposed to be $11,900,000, based on about $10,360,595 in estimated public improvements costs. Exhibit D of the service plan provides a summary of public improvements addressing anticipated categorical amount(s) and timing of issuance of debt through the life of the Districts. The maximum debt mill levy for the District shall be limited to no more than 50 mills, and operations and maintenance mill levies will be 20.0 mill. Both proposed mill levies are consistent with the City’s Model Service Plan.
The Financial Plan (Exhibit D) and the Description of Permitted Services (Exhibit E) are generally informed by the proposed Zoning Map Amendment and Land Use Plan applications presently in review with the Land Use Review Division. The associated costs of the District are associated with standard Metropolitan District functions such as landscaping, stormwater and detention facilities, park and recreational facilities, streetscaping, and sidewalks. However, the District’s location within the Streamside Overlay adds significant costs associated with improvements to Sand Creek and jurisdictional wetlands within the property. Approximately 2.2 million dollars of the budget are intended to go to costs associated with creek improvements that will enhance the natural environment, access to recreation areas, and improve stormwater systems in the overall area as required by City Code Section 7.2.603.
Due to the site constraints mentioned above pertaining to the site’s limited access to City streets, the District is requesting limited powers of eminent domain in order to, if necessary, acquire ingress and egress points to the site through existing neighborhoods. Presently, the site has a single access point on the eastern property line that connects the site to County roads. The land use plan and District cost estimates are based on acquiring two tracts along the western property line. These two tracts would allow an access point to Cat Tail Creek Drive via 7396 Cat Tail Creek Drive (Parcel ID 5308311019) and access to Thorn Brush Way via 0 Thorn Brush Way (Parcel ID 5308201024). The District would be limited to powers of eminent domain for these two tracts, and any other powers of eminent domain would require the prior written consent of City Council.
Colorado Revised Statutes include four criteria for which an affirmative finding must be made in order to approve this service plan, along with five other criteria which may be considered. These are all included within the body of the City’s Model Service Plans and this particular service plan. The nine criteria are as follows:
• There is sufficient existing and projected need for organized service in the area to be serviced by the Districts;
• The existing service in the area to be served by the Districts is inadequate for present and projected needs;
• The Districts are capable of providing economical and sufficient service to the area within its proposed boundaries; and
• The area to be included in the Districts does have, and will have, the financial ability to discharge the proposed indebtedness on a reasonable basis.
• Adequate service is not, and will not be, available to the area through the City or County or other existing municipal or quasi-municipal corporations, including existing special districts, within a reasonable time and on a comparable basis.
• The facility and service standards of the Districts are compatible with the facility and service standards of the City within which the special district is to be located and each municipality which is an interested party under Section 32-1-204(1), C.R.S.
• The proposal is in substantial compliance with the Comprehensive Plan adopted pursuant to the City Code.
• The proposal is in compliance with any duly adopted City, regional or State long-range water quality management plan for the area.
• The creation of the Districts is in the best interests of the area proposed to be served.
Financial Implications:
There are no direct implications to general City taxpayers and ratepayers outside of the boundaries of these applicable metropolitan districts.
Board/Commission Recommendations:
N/A
Stakeholder Process:
The staff-level Special District Committee has been provided with access to these materials associated with this request. As of the date of this staff report, there have been no comments or questions from the Committee on this request.
Previous Council Action:
N/A
Alternatives:
City Council has the options of approving or denying this service plan. Council could also continue the item with specific direction provided to staff and the petitioners.
Recommended Action
Proposed Motion:
Move to adopt a Resolution of the City of Colorado Springs approving a Service Plan for the Miller Downs Metropolitan District located generally northwest of the intersection of North Marksheffel Road and Dublin Boulevard.