Title
An informational presentation for the Annexation Policy Checkpoint on the proposed Colorado Centre Addition No. 3 Annexation, pertaining to 32.932 acres located northwest of the Foreign Tade Zone Boulevard and Bradley Road intersection
Presenter:
Gabe Sevigny, Planning Supervisor, Planning + Neighborhood Services
Peter Wysocki, Director of Planning + Neighborhood Services
COPO 8560 Real Estate LLC, Ermand Ruybal
Kimley Horn
Body
Summary:
Owner: COPO 8560 Real Estate LLC
Representative: Kimley Horn
Location: Northwest of the Foreign Trade Zone Boulevard and Bradley Road intersection.
The purpose of this work session is to follow the new annexation procedures, Annexation Policy Checkpoint, recently accepted by the City Council, which require the annexor to informally present the proposed annexation, and for the City Council to provide feedback to the annexor and City staff. It is important to note that this Work Session is not a decision on the Colorado Centre Addition No. 3 Annexation - this is Step #3 Policy Checkpoint of the newly implemented annexation process. A formal public hearing will be scheduled for a later City Council Regular Meeting, after Planning Commission review and recommendation.
There are two separate Agenda Items related to this Work Session:
The first item is a presentation by the Annexor on the Annexation itself, which will cover topics such as land use, mobility/transportation, phasing, etc.
Due to the size of the proposed annexation, the Fiscal Impact Analysis was prepared by the City’s Finance Department. The FIA concludes a positive cumulative cashflow for the City over the 10-year timeframe. (Note: An FIA is required with annexation land use plans to help inform the decision on a proposed annexation.) Staff will be available at the work session to address any FIA-related questions.
CSU staff will also be available to address questions on utility-related topics.
Background:
The proposed project includes concurrent applications for an annexation of approximately 32.932 acres, establishment of zoning, and establishment of the Colorado Centre Addition No. 3 Land Use Plan. The land is located northwest of the Foreign Trade Zone Boulevard and Bradley Road intersection; located southwest of the Colorado Springs Municipal Airport and located within an enclave.
The initial petition for annexation was accepted by City Council on July 11, 2023. The City’s authority to annex land is established by Colorado Revised Statues (C.R.S. 31-12-101), which sets requirements and procedures which municipalities must follow. A property is eligible for annexation if the contiguity requirement is met; not less than one-sixth the perimeter of the proposed area for annexation is contiguous with the existing boundary of the annexing municipality, and that area of the proposed annexation has more than 50% ownership within a 3-mile radius of the municipality’s exterior boundary. It was determined that the Colorado Centre Addition No. 3 Annexation meets both of these requirements.
Although no decision is to be rendered at this Work Session, for reference, UDC Section 7.5.701.C, establishes the following Conditions for Annexation:
Conditions for Annexation
1. To assist the City Council in its decision, each proposal for annexation shall be studied to determine whether:
a. The area proposed to be annexed is a logical extension of the City's boundary;
b. The development of the area proposed to be annexed will be beneficial to the City. Financial considerations, although important, are not the only criteria and shall not be the sole measure of benefit to the City;
c. There is a projected available water surplus at the time of request;
d. The existing <https://online.encodeplus.com/regs/coloradosprings-co/doc-view.aspx?pn=0&ajax=0&secid=2076> and projected water facilities and/or wastewater facilities of the City are expected to be sufficient for the present and projected needs for the foreseeable future to serve all present users whether within or outside the corporate limits of the City;
e. The annexation can be effected at the time the utilities are extended or at some time in the future;
f. The City shall require as a condition of annexation the transfer of title to all groundwater underlying the land proposed to be annexed. Should such groundwater be separated from the land or otherwise be unavailable for transfer to the City, the City, at its discretion, may either refuse annexation or require payment commensurate with the value of such groundwater as a condition of annexation. The value of such groundwater shall be determined by the Utilities based on market conditions as presently exist;
g. All rights of way or easements <https://online.encodeplus.com/regs/coloradosprings-co/doc-view.aspx?pn=0&ajax=0&secid=1716> required by the Utilities necessary to serve the proposed annexation, to serve beyond the annexation, and for system integrity, shall be granted to the Utilities. Utilities, at the time of utility system development, shall determine such rights of way and easements;
h. If the proposed annexation to the City overlaps an existing service area of another utility, the applicant shall petition the PUC (Public Utilities <https://online.encodeplus.com/regs/coloradosprings-co/doc-view.aspx?pn=0&ajax=0&secid=1914> Commission) or other governing authority to revise the service area such that the new service area will be contiguous to the new corporate boundary of the City.
In addition to the Conditions for Annexation ratified in the UDC, the City Council recently accepted the following “guidelines” to further aid in analyzing annexations:
1. Offers housing diversity
2. Sufficiency of existing or planned roadway infrastructure
3. Sufficiency of existing or planned public safety staffing
4. Proximity/opportunity to serve employment centers
5. Diversity of development (commercial/industrial/residential)
6. Economic impact on city
7. Reasonable utilities cost recovery / ROI projections
8. Connectivity / Proximity to transportation options
9. Desirable parkland/open space
10. Ability to fund / offset costs for needed public facilities
Previous Council Action:
Other than accepting the initial petition for annexation, the Council has not held any formal meetings or hearings on the Colorado Centre Addition No 3 Annexation or the other related applications.
Financial Implications:
The proposed annexation was sent to City of Colorado Springs Budget Office for the Fiscal Impact Analysis (FIA) to be completed. See attached for the Fiscal Impact Analysis. There is a positive cumulative cashflow for the City over the 10-year timeframe
City Council Appointed Board/Commission/Committee Recommendation:
The Planning Commission has not yet held a hearing on the Annexation or the other related applications.
Recommended Action
Proposed Motion:
N/A