Title
Ordinance No.26-06 vacating the public right-of-way known as East Boulder Street consisting of approximately 0.92 acres located between N. Nevada Ave. and N. Weber St. (Legislative) (2nd Reading and Public Hearing)
Related Files: ZONE-25-0026, SUBD-25-0076, LUPL-25-0012
Located in Council District 3
Presenter:
Ryan Tefertiller, Planning Manager, City Planning Department
Kevin Walker, Planning Director, City Planning Department
Body
Summary:
Owner: School District 11
Developer: School District 11
Representative: N.E.S. Inc.
Location: The two blocks bound by N. Nevada Ave, E. St. Vrain St., N. Weber St., and E. Platte Ave.
School District 11 has initiated three applications in support of the Palmer High School Renovation Project: a zone change from R-1 6 / R-5 / OR (Single-Family Medium, Multi-Family High, and Office Residential) to FBZ-T2A (Form-Based Zone - Transition Sector 2A); the vacation of the E. Boulder St. right-of-way between N. Nevada Ave. and N. Weber St.; and a Land Use Plan illustrating conceptual improvements over a three phase project. The applications support a $100 million reinvestment in the City’s first/original public school.
Background:
Please see the attached City Planning Commission Staff Report for a complete analysis of the proposed applications.
Review Criteria:
The review criteria for a Zoning Map Amendment (Rezoning) as set forth in City Code Section 7.5.704(D) (UDC) 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 Subsection 7.5.514.C.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 7.2.607.D.4 (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)). (Ord. 23-03)
The review criteria for a Right-of-Way vacation as set forth in City Code Section 7.5.522.C.5.b. (UDC) are noted below:
(1) The right-of-way is no longer needed for public transportation purposes;
(2) The vacation will not adversely impact use of the right-of-way for public utility and/or drainage purposes;
(3) The vacation will not adversely impact the uniform width of the remaining portions of the public right-of-way along the block frontage for which vacation is sought;
(4) Access to lots or properties surrounding the public right-of-way will not be adversely affected; and
(5) The vacation is consistent with the purpose of this UDC.
The review criteria for a Land Use Plan as set forth in City Code Section 7.5.514 (UDC) are noted below:
a. Consistency with the Colorado Springs Comprehensive Plan and other plans and policies adopted by City Council;
b. Consistency with development standards the zone district in which the property is located, or would be located after a requested zone district change;
c. Compatibility with the land uses and development intensities surrounding the property;
d. Impacts of the permitted or requested uses, appropriate to the type of development, the neighborhood, and the community;
e. Adequacy of proposed ingress/egress points and traffic circulation, both on and off the site;
f. Capacity of the existing streets, utilities, parks, schools, and other public facilities to serve the proposed development;
g. 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 that the proposed applications meet the review criteria. Note three conditions of approval are recommended for the right-of-way vacation.
Previous Council Action:
N/A
Financial Implications:
N/A
City Council Appointed Board/Commission/Committee Recommendation:
City Planning Commission voted 8-0 (one vacant seat) to approve the zone change at their December 10, 2025 meeting.
City Planning Commission voted 7-1 (Commissioners Hensler, Cecil, Slattery, Casey, Clements, Gigiano, and Willoughby in favor, Commissioner Robbins opposed, and one vacant seat) to approve Boulder St. right-of-way vacation with two conditions of approval (modifying one proposed condition and deleting another proposed condition) at their December 10, 2025 meeting.
City Planning Commission voted 8-0 (one vacant seat) to approve the land use plan at their December 10, 2025 meeting.
The Downtown Review Board voted 6-0-1-2 (members Kousman, Coats, Hensler, Friesema, Mikulas, and Sokol in favor, with members Nolette and Lord absent, and member Luciana recused) to approve the zone change at their November 4, 2025 meeting.
The Downtown Review Board voted 4-2-1-2 (members Kousman, Coats, Hensler, and Sokol in favor, with members Mikulas and Friesema opposed, members Nolette and Lord absent, and member Luciana recused) to approve the Boulder St. right-of-way vacation with three conditions of approval at their November 4, 2025 meeting.
The Downtown Review Board voted 5-1-1-2 (members Kousman, Coats, Hensler, Mikulas, and Sokol in favor, with member Friesema opposed, members Nolette and Lord absent, and member Luciana recused) to approve the land use plan at their November 4, 2025 meeting.
Recommended Action
Proposed Motion:
Should the City Council wish to approve the right-of-way vacation application, the following motion is suggested:
Adopt Ordinance No. 26-06 vacating the public right-of-way known as East Boulder Street consisting of approximately 0.92 acres located between N. Nevada Ave. and N. Weber St. based upon the findings that the request complies with the criteria as set forth in City Code Section 7.5.522 provided the following Conditions of Approval are applied:
Conditions of Approval:
1. An agreement between the City of Colorado Springs and School District 11 shall be entered into that requires School District 11 to allow public egress over the property if the space is unused for construction or permanent School District 11 activities.
2. Request that D11 collaborate with the City to provide public egress during construction of the PPRTA-fund Platte Avenue Improvements (Wahsatch to Circle) project.
3. An agreement between the City of Colorado Springs and School District 11 shall be entered into that requires School District 11 to return ownership to the City of Colorado Springs, should the district choose to dispose of the property.
Should the City Council wish to deny the right-of-way vacation application, the following motion is suggested.
Deny an ordinance vacating the public right-of-way known as East Boulder Street consisting of approximately 0.92 acres located between N. Nevada Ave. and N. Weber St. based upon the findings that the request does not comply with the criteria as set forth in City Code Section 7.5.522
Summary of Ordinance Language
An ordinance vacating the public right-of-way known as East Boulder Street consisting of approximately 0.92 acres located between N. Nevada Ave. and N. Weber St.