Title
A resolution adopting findings of fact and conclusions of law based thereon and determining the eligibility for annexation of property known as Miller Downs at Wyoming Lane Addition No. 1 Annexation.
(Legislative)
Council District #6 (if annexed)
Presenter:
Tamara Baxter, Planning Supervisor, City Planning Department
Kevin Walker, Planning Director, City Planning Department
Body
Summary:
Property Owners: Onea Jewel Miller and Michelle Marie Miller
Developer: M&A LLC
Representative: Kimley Horn & Associates, LLC
Location: 7020 Wyoming Lane
This project includes concurrent applications for Annexation, Zone Establishment, and Land Use Plan for the associated 21.37 acres located at 7020 Wyoming Lane. The proposed zoning will establish an R-Flex Medium/SS-O/AP-O (R-Flex Medium with Streamside and Airport Overlay) zone district with the overall annexation to allow for single-family detached and attached residential uses to be established on the property. The Land Use Plan illustrates the proposed land use configuration, access and circulation, intended infrastructure and overall intent for future development.
The proposed annexation and associated applications were reviewed under UDC (Unified Development Code).
Background:
Please see the attached City Planning Commission Staff Report for a complete analysis of the proposed applications.
Review Criteria:
The below criteria from UDC outline the applicable codes associated with this overall 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 adopted 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.
The review criteria for a Zoning Establishment as set forth in UDC 7.5.704 are noted below.
1. The proposed rezoning is consistent with the goals and policies of the Colorado Springs
Comprehensive Plan, with other plans and policies adopted by the City Council; and with the purpose statement of the proposed zone district(s).
2. The rezoning will not be detrimental to the public interest, health, safety, convenience, or general welfare.
3. The location of the lands in the zoning map area being amended are appropriate for the purposes of the proposed zone district(s).
4. If the application proposes to rezone a small area of land, the application demonstrates that the size, scale, height density, and multimodal traffic impacts of the proposed rezoning are compatible with surrounding development or can be made compatible with surrounding development through approval conditions.
5. If the application proposes to rezone a relatively small area of land, the application demonstrates that the change in zoning will not create significant dislocations of tenants or occupants of the property, or that any impacts are outweighed by other public benefits or progress toward other Colorado Springs Comprehensive Plan goals that would be achieved by approval of the application.
6. If a Land Use Plan or amendment to a Land Use Plan accompanies the application, the Land Use Plan or amendment complies with the applicable criteria in in Subsection7.5.514C.3 (Land Use Plan Criteria).
7. The application is consistent with any approved Concept Plans in the area for which the map is being amended or includes or is accompanied by a provision that approved Concept Plans that have been classified as implemented do not have to be amended in order to be considered consistent with an amended zoning map.
8. If the application is for creation of an ADS-O district, the approval criteria applicable to the creation of the text of the ADS-O district in Section 7.2.607D.47.5.702 (Decision) shall also apply to consideration of the zoning map amendment required to create or amend the boundaries of the ADS-O district.
9. If rezoning to a PDZ district, the proposed PDZ district provides significant community amenities or other benefits, as determined by the Manager, that promote the achievement of Colorado Springs Comprehensive Plan goals and would not otherwise be required of the applicant under this UDC or other City or governmental regulations.
10. Complies with the additional standards of the base zone district where the property is located (see Article 7.2 (Zone Districts)) or in an overlay district that applies to the property (see Part 7.2.6 (Overlay Districts)).
Staff finds the proposed application meets the review criteria for a Zone Establishment.
The review criteria for a Land Use Plan as set forth in UDC Section 7.5.514 are noted below.
1. Consistency with the Colorado Springs Comprehensive Plan and other plans and policies adopted by City Council;
2. Consistency with development standards the zone district in which the property is located, or would be located after a requested zone district change;
3. Compatibility with the land uses and development intensities surrounding the property;
4. Impacts of the permitted or requested uses, appropriate to the type of development, the neighborhood, and the community;
5. Adequacy of proposed ingress/egress points and traffic circulation, both on and off the site;
6. Capacity of the existing streets, utilities, parks, schools, and other public facilities to serve the proposed development;
7. Promotion of transitions in height, intensity, or character between proposed non-residential or mixed-use development and nearby low-density residential zone districts.
Staff finds the proposed application meets the review criteria for a Land Use Plan.
Previous Council Action:
On May 13, 2025, City Council accepted the original petition for annexation. On August 26, 2025, City Council approved a resolution finding the Miller Downs at Wyoming Lane Addition No. 1 Annexation petition to be in substantial compliance with C.R.S. section 31-12-107, setting a public hearing date of October 14, 2025, to consider the annexation, and directing the City Clerk to provide notices of the hearing in accordance with C.R.S. section 31-12-108.
Financial Implications:
A Fiscal Impact Analysis was completed by the City of Colorado Springs Budget Office. The result of the Fiscal Impact Analysis (FIA) is a positive cumulative cashflow for the City during the 10-year timeframe.
City Council Appointed Board/Commission/Committee Recommendation:
City Planning Commission voted to approve the Miller Downs at Wyoming Lane Addition No. 1 Annexation and Zone Establishment at the August 13, 2025, meeting (Vote of 9-0), with the following conditions of approval and technical modification which shall be addressed prior to the City Council public meeting
1. Revise General Note 10 on the cover sheet to reflect the modification requested by SWENT.
2. Prior to development plan approval, the applicant shall have a third-party specialist determine if this wetland area in the northwest corner of the property consists of jurisdictional wetland and what mitigation efforts will be needed for wetland impacts under Section 404 for the Clean Water Act.
3. The labeling of the 30-foot ingress/egress right-of-way along Wyoming Lane shall be consistent with the Annexation Plat.
4. Add the following notes to the General Notes:
a. Prior to Final Plat approval the ownership and annexation of the 30-foot remnant east of the Miller Downs Addition No. 1 Annexation along Wyoming Lane shall be determined as follows:
i. Within 30 days of recordation of Miller Downs at Wyoming Lane Addition No. 1 Annexation Plat and Annexation Agreement ownership of remanent shall be determined and both the city and county will need to be satisfied with the findings.
ii. If the petitioner for Miller Downs at Wyoming Lane Addition No. 1 is determined to own the 30-foot remanent, a petition for annexation shall be applied for within 60 days of recordation of Miller Downs at Wyoming Lane Addition No. 1 Annexation Plat and Annexation Agreement, and
iii. Any associated annexation with the remanent shall be completed within 1 year.
5. The building height shall not exceed 35 feet.
All conditions of approval and technical modifications have been added to the Land Use Plan. The Applicant has requested to change “third-party specialist” to “environments specialist” in Item 2 to allow a more flexibility selection.
Recommended Action
Proposed Motions:
ANEX-24-0016RF
1. Motion to Approve:
Approve a resolution adopting findings of fact and conclusions of law based thereon and determining the eligibility for annexation of property known as Miller Downs at Wyoming Lane Addition No. 1 Annexation consisting of 21.37 acres.
2. Motion to Deny:
Deny a resolution adopting findings of fact and conclusions of law based thereon and determining ineligibility for an annexation of property known as Miller Downs at Wyoming Lane Addition No. 1 Annexation consisting of 21.37 acres.
Summary of Ordinance Language