Title
A resolution adopting findings of fact and conclusions of law based thereon and determining the eligibility for the annexation of property known as PTAA Addition No. 1 Annexation. (Legislative)
Council District #4 (upon annexation)
Presenter:
Chris Sullivan, Senior Planner, Planning Department
Kevin Walker, Planning Director, Planning Department
Body
Summary:
Owner: SSS Education Corp
Representative: Vertex Consulting
Location: Southeast of the Stetson Hills Boulevard and North Marksheffel Road intersection
This project includes concurrent applications for annexation, establishment of zoning, and a Land Use Plan for the associated 14.12-acres southeast of the Stetson Hills Boulevard and North Marksheffel Road intersection. The land use plan illustrates the proposed land use configuration, access and circulation, intended infrastructure and overall intent for future development. The proposed zoning will establish a MX-M/AP-O (Mixed-Use Medium Scale with Airport Overlay) zone district with the overall annexation to allow for a charter school to be established on the properties.
Background:
Please see the attached Planning Commission Staff Report for a complete analysis of the PTAA Addition No. 1 Annexation and related applications.
Review Criteria:
The below criteria from UDC outline the applicable codes associated with this project and each associated application.
The Conditions for Annexation as set forth in UDC Section 7.5.701 are noted below:
1. The area proposed to be annexed is a logical extension of the City's boundary;
2. The development of the area proposed to be annexed will be beneficial to the City;
3. Financial considerations, although important, are not the only criteria and shall not be the sole measure of benefit to the City;
4. There is a projected available water surplus at the time of request;
5. The existing 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;
6. The annexation can be effected at the time the utilities are extended or at some time in the future;
7. 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;
8. All rights of way or easements 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;
9. If the proposed annexation to the City overlaps an existing service area of another utility, the applicant shall petition the PUC (Public Utilities 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 (Unified Development Code), 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
Staff finds the proposed application meets Colorado Revised Statute and is eligible for annexation.
Previous Council Action:
On February 13, 2024, City Council accepted the original petition for annexation. On June 24, 2025, City Council approved a resolution finding the PTAA Addition No. 1 Annexation petition to be in substantial compliance with C.R.S. section 31-12-107, setting a public hearing date for August 12, 2025, 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.
Financial Implications:
The proposed annexation falls below the threshold for a Fiscal Impact Analysis.
City Council Appointed Board/Commission/Committee Recommendation:
City Planning Commission voted unanimously to approve the PTAA Addition No. 1 Annexation, Zone Establishment, and Land Use Plan at the September 11, 2024 meeting (Vote 9-0)
Recommended Action
Proposed Motion:
1. Motion to Approve:
Approved a resolution adopting findings of fact and conclusions of law based thereon and determining the eligibility for annexation of property known as PTAA Addition No. 1 Annexation consisting of 14.12 acres.
2. Motion to Deny:
Deny a resolution adopting findings of fact and conclusions of law based thereon and determining the eligibility for annexation of property known as PTAA Addition No. 1 Annexation.
Summary of Ordinance Language
N/A