Title
Ordinance No. 25-82 annexing into the City of Colorado Springs the area known as Miller Downs at Wyoming Lane Addition No. 1 Annexation consisting of 21.37 acres located at 7020 Wyoming Lane.
(Legislative)
Council District #6 (if annexed)
Presenter:
Tamara Baxter, Planning Supervisor, Planning Department
Kevin Walker, Planning Director, 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 established 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 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:
Adopt Ordinance No. 25-82 annexing into the City of Colorado Springs the area known as Miller Downs at Wyoming Lane Addition No. 1 Annexation consisting of 21.37 acres located at 7020 Wyoming Lane, based upon the findings that the annexation complies with the Conditions for Annexation Criteria as set forth in UDC Section 7.5.701.
Summary of Ordinance Language
An ordinance annexing to the City of Colorado Springs that area known as Miller Downs at Wyoming Lane Addition No. 1 Annexation consisting of 21.37 acres located at 7020 Wyoming Lane.