Title
A resolution adopting findings of fact and conclusions of law based thereon and determining the eligibility for annexation of property known as Neagle-Dutcher Family Addition Annexation.
(Legislative)
Presenter:
Tamara Baxter, Planning Supervisor, Planning Department
Kevin Walker, Planning Director, Planning Department
Body
Summary:
Owner/Developer: Laurie L Neagle
Representative: Land Development Consultants, Inc - David Hostetler
Location: 4105 Date Street
This project includes concurrent applications for annexation of 1.01 acres, and establishment of zoning 0.23 acres located 4105 Date Street. The proposed zoning will establish an R-5 (Multi-Family High) zone district with the overall annexation to allow for single-family detached residential uses to be established on the property.
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 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 November 22, 2022, City Council accepted the original petition for annexation. On October 8, 2024, City Council approved a resolution finding the Neagle-Dutcher Family Addition Annexation petition to be in substantial compliance with C.R.S. section 31-12-107, setting a public hearing date of November 12, 2024, 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:
N/A, the proposed annexation falls below the threshold for a Fiscal Impact Analysis.
City Council Appointed Board/Commission/Committee Recommendation:
City Planning Commission voted to approve the Neagle-Dutcher Family Addition Annexation and zone establishment at the July 10, 2024, meeting (Vote of 7-0; Chair Foos and Chair Slattery were excused)
Recommended Action
Proposed Motion:
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 Neagle-Dutcher Family Addition Annexation consisting of 1.01 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 Neagle-Dutcher Family Addition Annexation consisting of 1.10 acres.
Summary of Ordinance Language
An ordinance annexing to the City of Colorado Springs that area known as Neagle-Dutcher Family Addition Annexation consisting of 1.01 acres located at 4105 Date Street.