Title
A resolution finding a petition for annexation of the area known as Villages at Waterview North Addition No 1 Annexation consisting of 144.82 acres to be in substantial compliance with section 31-12-107(1), C.R.S. and setting a hearing date of September 12, 2023, for the Colorado Springs City Council to consider the annexation of the area.
(Legislative)
Presenter:
Gabe Sevigny, Planning Supervisor, Planning & Community Development
Peter Wysocki, Planning and Community Development Director
Body
Summary:
Applicant: Kimley Horn
Owners: CPR Entitlements LLC, PHI Real Estate Services, LLC, Veterans Villa Operating LLC,
Schulz Partnership LLLP, WVN 96 LLC
Location: Northeast of the South Powers Boulevard and Bradley Road intersection
This is a request to approve a resolution finding the Villages at Waterview North Addition No 1 Annexation petition to be in substantial compliance with C.R.S. section 31-12-107, setting a public hearing date of September 12, 2023, to consider the annexation, and directing the City Clerk to provide notice of the hearing in accordance with C.R.S. section 31-12-108. The annexation area is 144.82 acres and located northeast of the South Powers Boulevard and Bradley Road intersection.
Previous Council Action:
On August 9, 2022, City Council accepted the original petition for annexation.
Background:
The Colorado Municipal Annexation Act of 1965 (the “Act”) provisions require that once a petition has been reviewed and is found to be in substantial compliance with the requirements of C.R.S. 31-12-107(1), the City Council must set a hearing to consider the annexation and publish notice of the annexation hearing for four (4) weeks prior to the public hearing. In addition, the hearing date must be no less than thirty (30) days or more than sixty (60) days after the effective date of the resolution setting the hearing. City staff has reviewed the Villages at Waterview North Addition No 1 Annexation Petition and has found it to be in substantial compliance with C.R.S. section 31-12-107(1). City staff recommends that City Council find the petition to be in substantial compliance, set a hearing date on the petition, and direct the Clerk to give notice in accord with C.R.S. section 31-12-108, as required by the Act. The notice of the annexation hearing can be published on the following dates: July 29, 2023, August 5, 2023, August 12, 2023, and August 19, 2023, to adhere to the statute requirements for the September 12, 2023, City Council meeting. Approving the resolution and setting a public hearing for the proposed annexation does not obligate the City Council to approve the annexation in the future.
Financial Implications:
Not applicable at this time. A fiscal impact analysis has been prepared and will be provided to the City Council with the annexation hearing information packet.
Board/Commission Recommendation:
Utilities Board met on May 17, 2023, to recommend approval.
Stakeholder Process:
N/A
Alternatives:
City Council can approve, modify or deny the resolution finding the petition to be in substantial compliance, setting the hearing date and directing the Clerk to give notice of the public hearing for the annexation. If the resolution is not approved and the hearing is not scheduled, the annexation cannot be considered.
Recommended Action
Proposed Motion:
Move to approve the resolution finding the petition for annexation to be in substantial compliance with C.R.S. section 31-12-107(1), setting the hearing date of September 12, 2023, for consideration of the Villages at Waterview North Addition No 1 Annexation, and directing the Clerk to provide notice in accord with C.R.S. section 31-12-108.
Summary of Ordinance Language
N/A