Title
A Resolution adopting findings of fact and conclusions of law based thereon and determining the eligibility for the Annexation of property known as Dublin Park Addition No. 1 Annexation.
(Legislative)
Presenter:
Chris Sullivan, Senior Planner, Planning and Neighborhood Services
Kevin Walker, Interim Planning Director, Planning and Neighborhood Services
Body
Summary:
Owner: City of Colorado Springs
Location: Approximately 125 feet west of the end of Integrity Court and south of Cottonwood Creek.
An Annexation of 2.06 acres located approximately 125 feet west of Integrity Court and abutting the south side of Cottonwood Creek. The zoning map amendment would establish a PK/SS-O/AF-O (Public Park with Streamside and United States Air Force Academy Overlay) zoning district with a supporting Land Use Statement. If approved, it would allow for future public improvements on the site.
Background:
Please see the attached City Planning Commission Staff Report for a complete analysis of the proposed applications.
Review Criteria:
The Conditions for Annexation as set forth in City Code Section 7.5.701.C (UDC) are noted below:
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; however, City Council has exempted city-owned parcels or Annexations for right-of-way only from those guidelines.
Staff finds the proposed application meets Colorado Revised Statute and is eligible for Annexation consideration.
Previous Council Action:
On October 24, 2023, City Council accepted the original petition for Annexation. On June 11, 2023, City Council approved a resolution finding the Dublin Park Addition No. 1 Annexation petition to be in substantial compliance with C.R.S. section 31-12-107, setting a public hearing date of July 23, 2024, 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:
N/A
City Council Appointed Board/Commission/Committee Recommendation:
The City Planning Commission unanimously recommend approval of the proposed Dublin Park Addition No. 1 Annexation and Zone Establishment at their May 8, 2024, hearing.
Recommended Action
Proposed Motions:
Approve a Resolution adopting findings of fact and conclusions of law based thereon and determining the eligibility for Annexation of property known as Dublin Park Addition No. 1 Annexation consisting of 2.06 acres based upon the findings that the Annexation complies with the Conditions for Annexation Criteria as set forth in City Code Section 7.5.701.
Deny a Resolution adopting findings of fact and conclusions of law for Annexation of property known as Dublin Park Addition No. 1 Annexation consisting of 2.06 acres based upon the findings that the Annexation does not comply with the Conditions for Annexation Criteria as set forth in City Code Section 7.5.701.