Service Plan Amendment Presentation

Signed Resolution No. 97-23.pdf

This Resolution was adopted on the Consent Calendar.

23-312

4B.C.

A Resolution Approving the Issuance of Debt by Copper Ridge

Metropolitan District in the form of a General Obligation and Revenue

Supported Improvement Loan, series 2023 (Tax-Exempt Bank Loan) in

the principal amount of up to $20,770,000.

(Legislative Item)

Presenter:

Mike Tassi, Assistant Director, Planning and Community Development

Peter Wysocki, Director of Planning and Community Development

Attachments: Resolution

City Council Letter_Debt Issuance

Signed Resolution No. 98-23.pdf

This Resolution was adopted on the Consent Calendar.

23-309

4B.D.

Ordinance No. 23-33 amending Ordinance No. 22-90 (2023 Budget

Appropriation Ordinance) for a supplemental appropriation to the

2C2-Road Repair, Maintenance and Improvement Fund in the amount of

$16,000,000 for additional capital expenditures identified for 2023

Presenter:

Chris Fiandaca, City Budget Manager

Travis Easton, P.E., Deputy Chief of Staff

Corey Farkas, Manager, Operations and Maintenance Division of Public

Works

Attachments:

Ordinance for Supplemental Approp-2C2 Road Repair and Maint -

Fund Balance - July 2023

Signed Ordinance No. 23-33.pdf

This Ordinance was approved on first reading on the Consent Calendar.

23-342

4B.E.

Ordinance No. 23-34 amending Part 5 (License Fees) and Section 1008

(Payment By Cash Or Guaranteed Funds) of Part 10 (Offenses; Failure

To File, Pay) Both of Article 7 (Sales And Use Tax) of Chapter 2

(Business Licensing, Liquor Regulation and Taxation) of the Code of the

City of Colorado Springs 2001, as Amended, pertaining to License

Fees

Presenter:

Charae McDaniel, Chief Financial Officer

Attachments: 23-342 - SalesTax-LicenseFeesORD-2023-06-02v2

Signed Ordinance No. 23-34.pdf

This Ordinance was approved on first reading on the Consent Calendar.

23-343

4B.F.

Ordinance No. 23-35 amending Part 9 (Administration) of Article 7

(Sales And Use Tax) of Chapter 2 (Business Licensing, Liquor

Regulation And Taxation) of the Code of the City of Colorado Springs

2001, as Amended, pertaining to Sales And Use Tax Administration

Presenter:

Charae McDaniel, Chief Financial Officer

Attachments: 23-343 - SalesUseTax-AdministrationORD-2023-05-22

Signed Ordinance No. 23-35.pdf

This Ordinance was approved on first reading on the Consent Calendar.

23-344

4B.G.

Ordinance No. 23-36 amending Multiple Sections of Article 7 (Sales And

Use Tax) and Article 12 (Economic Development Agreements) of

Chapter 2 (Business Licensing, Liquor Regulation And Taxation) of the

Code of the City of Colorado Springs 2001, as Amended, pertaining to

Sales and Use Tax of Construction and Building Materials

Presenter:

Charae McDaniel, Chief Financial Officer

Attachments: 23-344 - SalesTax-ConstructionCH2-ORD-2023-5-22 (004)

Signed Ordinance No. 23-36.pdf

This Ordinance was approved on first reading on the Consent Calendar.

23-345

4B.H.

Ordinance No. 23-37 amending Sections 201 (Definitions) and 213

(Economic Development Agreements) of Part 2 (General Provisions) of

Article 1 (Municipal Airport) of Chapter 14 (Municipal Enterprises) of the

Code of the City of Colorado Springs 2001, as Amended, pertaining to

Sales and Use Tax of Construction and Building Materials

Presenter:

Charae McDaniel, Chief Financial Officer

Attachments: 23-345 - SalesTax-ConstructionCH14-ORD-2023-1-19

Signed Ordinance No. 23-37.pdf

This Ordinance was approved on first reading on the Consent Calendar.

23-330

4B.I.

A Resolution by City Council Rescinding Resolution No. 99-23 and

Adopting a New Resolution in Favor of the City of Fountain’s Request to

Join the Pikes Peak Rural Transportation Authority (PPRTA)

Presenter:

Travis Easton, P.E., Deputy Chief of Staff

Randy Helms, Councilor, PPRTA Board Chair

Attachments: RES_PPRTA Fountain_edit_Clean2

RES_PPRTA Fountain_edit_Redline

1_PPRTA Resolution for Fountain to Join PPRTA

2_Fountain Joining PPRTA Financial impact

3_Fountain Impact on PPRTA 3

5_Presentation on Fountain Joining PPRTA

Signed Resolution No. 99-23.pdf

Signed Resolution No. 113-23.pdf

This Resolution was adopted on the Consent Calendar.

23-331

4B.J.

A Resolution Authorizing the Mayor to Execute and Administer an

Intergovernmental Agreement Between the Pikes Peak Rural

Transportation Authority, El Paso County, The City of Colorado Springs,

and Copper Ridge Metropolitan District Concerning Reimbursement for

The Powers Boulevard Extension

Presenter:

Gayle Sturdivant, P.E., City Engineer/Interim Public Works Director

Travis Easton, P.E., Deputy Chief of Staff

Randy Helms, Councilor, PPRTA Board Chair

Attachments: 1_RES_Powers Blvd Extension Reimbursement Agreement_6-15-23

Copper Ridge MD 2023 - Powers Blvd Extension Reimbursement

Agreement

3_Powers Funding Agreement Presentation

Signed Resolution No. 100-23.pdf

This Resolution was adopted on the Consent Calendar.

23-332

4B.K.

A Resolution Authorizing the Acquisition of a 0.503-Acre Permanent

Easement from Welltower Colorado Properties, LLC Using PPRTA

Funds for the West Fillmore Culvert Replacement Project

Presenter:

Gayle Sturdivant, P.E., City Engineer/Interim Public Works Director

Darlene Kennedy, Real Estate Services Manager

Attachments: 1_Location Map

2_Resolution for Welltower Easement

3_Resolution for Welltower Easement_Exhibits A&B

4_Fillmore - Well Tower Presentation 20230710

Signed Resolution No. 101-23.pdf

This Resolution was adopted on the Consent Calendar.

23-339

4B.L.

A Resolution Approving an Agreement to Annex and to Provide Water

and Wastewater Service Outside the City Limits to 5290 Turquoise

Drive in Park Vista Estates Addition

Presenter:

Bryan English, PMP, Development Projects Manager, Customer Utilities

Connections

Travas Deal, Chief Executive Officer, Colorado Springs Utilities

Attachments: CSU-WaterWWParkVista-290TurquoiseRES-2023-06-30 (002)

City Council (7-25-23) - Agreement to Annex - 5290 Turquoise Dr

20230629

FINAL SIGNED - 5290 Turquoise Dr (Theisen 2022). - Park Vista

Agreement To Annex 20230707

Signed Resolution No. 102-23.pdf

This Resolution was adopted on the Consent Calendar.

23-366

4B.M.

A Resolution finding a petition for annexation of the area known as

Villages at Waterview North Addition No 1 Annexation consisting of

144.82 acres to be in substantial compliance with section 31-12-107(1),

C.R.S. and setting a hearing date of September 12, 2023, for the

Colorado Springs City Council to consider the annexation of the area.

(Legislative)

Presenter:

Gabe Sevigny, Planning Supervisor, Planning & Community

Development

Peter Wysocki, Planning and Community Development Director

Attachments: Resolution

Petition for Annexation

Villages at Waterview North - Annexation Plat

Signed Resolution No. 103-23.pdf

This Resolution was adopted on the Consent Calendar.

23-313

4.B.O.

Request to set August 22, 2023 as the Public Hearing date to hear any

protests against or objections to dissolution of the Colorado Springs

Briargate General Improvement District and to advertise, as required by

law

Presenter:

Charae McDaniel, Chief Financial Officer

Attachments: Briargate GID (old) dissolution - staff pres to Council

This Item was approved on the Consent Calendar.

Approval of the Consent Agenda

Motion by Councilmember Henjum, seconded by Councilmember Talarico, that

all matters on the Consent Calendar be passed, adopted, and approved by

unanimous consent of the members present. The motion passed by a vote of

9-0-0-0

9 -

Aye:

Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and

Talarico

5. Recognitions

23-385

5.A.

A Resolution Honoring July 27, 2023 as National Korean War Veterans

Armistice Day

Presenter:

Randy Helms, Council President & Councilmember District 2

Attachments: National Korean War Veterans Armistice Day

Signed Resolution No. 104-23.pdf

President Helms stated he and many members of the Korean community

attended the Korean War Memorial service, read the Resolution honoring

July 27, 2023 as National Korean War Veteran Armistice Day, and

honored his father, a Korean War Veteran.

Councilmember Donelson expressed the importance of recognizing those

who died or were wounded in the Korean War and recognized Elizabeth

Kim, President, Southern Colorado Korean American Association of

Colorado Springs.

Councilmember Avila recognized and honored her father, Benito V. Avila,

who served during World War II and the Korean War.

Motion by Councilmember Donelson, seconded by Councilmember Talarico, that

the Resolution honoring July 27, 2023 as National Korean War Veterans Armistice

Day be adopted. The motion passed by a vote of 9-0-0-0

9 -

Aye:

Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and

Talarico

23-384

5.B.

City Council Appointments to Boards, Commissions, and Committees

Presenter:

Randy Helms, Council President & Councilmember District 2

Attachments: 072523 Boards Commissions and Committee Appointments

President Helms presented the City Council Appointments to Boards,

Commissions, and Committees.

Councilmember Avila expressed appreciation for the nominees who wish

to serve on the Pikes Peak Area Council of Governments Community

Advisory Committee (PPACG).

Chuck Theobald and Cali Standard, nominee appointees, to the PPACG,

expressed gratitude for the opportunity to serve.

Motion by Councilmember Talarico, seconded by Councilmember Henjum, that

the Appointments to City Council Boards, Commissions, and Committees be

approved. The motion passed by a vote of 9-0-0-0

9 -

Aye:

Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and

Talarico

6. Mayor's Business

There was no Mayor’s Business.

7. Citizen Discussion For Items Not On Today's Agenda

Citizens Muji Rieger, Molly McClure, Niko Wilkerson, Colorado State

Representative Stephanie Vigil, Melissa Berlin, Eli King, Jennifer Kelly,

and Jessica Da la Luna spoke in opposition of government regulation of

what is acceptable as public art because art is subjective.

Citizen Bill Wysong spoke about the role of City Council and the

importance of public safety.

Citizen Janice Moglen spoke about a book titled “The Girls Who Stepped

Out of Line” by Major General Mari K. Eder which is available at all the

Pikes Peak Library District branches and honored former Councilmember

Stephannie Fortune for her service to the City.

Citizen Deborah Kain spoke about the assistance needed for the veteran

population experiencing homelessness.

Citizen Carl Rippel identified some of the roads in need of repair along the

City’s transit routes and requested better lighting in the buses.

Citizen Tim Hoiles spoke about staff not providing the geologic hazard

report for the Launchpad Apartments project, defining what low-income

housing encompasses, and how adding more cars impacts fire evacuation.

Citizen Jaymen Johnson stated art can be many things to different people,

spoke about the murals at Denver International Airport, and stated property

owners should be allowed to display the art that they see fit.

8. Items Called Off Consent Calendar

4.B.N ZONE-23-00 Ordinance No. 23-38 amending the zoning map of the City of Colorado

Springs relating to 1.81 acres located at the southwest corner of the East

San Miguel Street and North Circle Drive intersection to retain the

current zoning classification of MX-M/CR (Mixed-Use Medium Scale with

Conditions of Record) and remove the condition of record #2, which

stipulates that “All activities shall be conducted entirely within a building.”

(Quasi-Judicial)

Related Files: COPN-23-0002

Presenter:

Austin Cooper, Planner II, Planning & Community Development

Peter Wysocki, Director, Planning & Community Development

Attachments: Ordinance

Ordinance 12-92

Response to Public Comments

Staff Report

Project Statement

Public Comments

Context Map

Community Meeting Neighborhood Sign-in Sheet

7.5.603 Findings - ZC

Post Planning Commission Public Comment

Signed Ordinance No. 23-38.pdf

Councilmember Henjum requested additional clarity be provided regarding

the process of this item.

Peter Wysocki, Planning and Community Development Director, stated the

proposed Ordinance is a zone change in order to remove a condition of

record which limits the use of the property to indoor use only.

Ben Bolinger, Legislative Counsel, City Attorney’s Office, explained the

process recently adopted with the Unified Development Code (UDC) for

zone changes in which the first reading of the Ordinance sets the hearing

date, the second reading holds the public hearing, and those who would

like to be part of this hearing would need to participate in the August 8,

2023 City Council meeting.

Motion by Councilmember Donelson, seconded by Councilmember Risley, that

the first reading of an Ordinance amending the zoning map of the City of

Colorado Springs relating to 1.82 acres located at the southwest corner of the

East San Miguel Street and North Circle Drive to retain the current zoning

classification of MX-M/CR (Mixed-Use Medium Scale with Conditions of Record)

and remove condition of record #2, for the purpose of setting a public hearing

date for August 8, 2023, and providing notice of the Ordinance be approved on

first reading. The motion passed by a vote of 9-0-0-0

9 -

Aye:

Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and

Talarico

9. Utilities Business

There was no Utilities Business.

10. Unfinished Business

There was no Unfinished Business.

11. New Business

23-307

11.A.

A Resolution of the City Council of the City of Colorado Springs,

Colorado providing written consent authorizing the Bradley Heights

Metropolitan District No. 2 to utilize eminent to complete the intersection

of Bradley Road with Marksheffel Road in Southeastern Colorado

Springs.

Presenter:

Mike Tassi, Assistant Director, Planning and Community Development

Department

Peter Wysocki, Planning and Community Development Director

Attachments: Resolution

Bradley Heights Amended & Restated Service Plan Pg 8

Parcel Description #2

Parcel Description #3

Marksheffel Road ROW Parcel

Context Map

Signed Resolution No. 105-23.pdf

Mike Tassi, Assistant Director, Planning and Community Development

Department, presented the Resolution authorizing the Bradley Heights

Metropolitan District No. 2 to utilize eminent domain to complete the

intersection of Bradley Road with Marksheffel Road.

Kevin Walker, Walker Schooler District Managers, representing the district,

provided an overview of the district, their attempts to reconcile with the

property owner, history of the site, vicinity map, Banning Lewis Ranch

annexation map,

President Helms stated the Budget Committee was in support of this item.

Councilmember O’Malley asked who will receive the funds from the

eminent domain. Mr. Walker stated the property owner, LP Associates.

Motion by Councilmember O'Malley, seconded by Councilmember Leinweber,

that the Resolution of the City Council of the City of Colorado Springs, Colorado

providing written consent authorizing the Bradley Heights Metropolitan District

No. 2 to utilize limited eminent domain (as defined by the resolution) for a district

located southeast of the intersection of Bradley Road and Marksheffel Road in

Southeastern Colorado Springs be adopted. The motion passed by a vote of

9-0-0-0

9 -

Aye:

Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and

Talarico

23-347

11.B.

A Resolution declaring the intention of the City of Colorado Springs,

Colorado, to hold a Special Municipal Election and to participate in a

Coordinated Election to be held on Tuesday, November 7, 2023, and

providing the effective date of this resolution.

Presenter:

Sarah B. Johnson, City Clerk

Attachments: Intent to Participate Resolution

Signed Resolution No. 106-23.pdf

Dena Lozano, Deputy City Clerk, presented the Resolution declaring the

intention of participating in the November 7, 2023 Coordinated Election

with El Paso County. She stated this Resolution is the procedural first step

to place an item on the ballot.

Jamie Fabos, Chief of Staff, stated this Resolution is only to state the intent

of the City to place an item on the ballot so the City Clerk can coordinate

will El Paso County and the actual presentation regarding the ballot

language will take place at the August 7, 2023 Work Session.

Councilmember Leinweber asked if there is already a ballot issue

proposed. Ben Bolinger, Legislative Counsel, City Attorney’s Office, stated

Mayor Yemi previously identified his initiative to City Council, but today’s

vote is not for an actual ballot question.

Citizens Chauncy Johnson, Charles Johnson, Alvin Sexton, Shawn Walls,

David Bayer, Joe Mangels, and Molly Avion spoke in opposition of using

the excess Taxpayer Bill of Right (TABOR) retention money of $5 million for

a police training center.

Citizen Jaymen Johnson spoke in support of using the excess TABOR

retention money of $5 million for a police training center.

Councilmember Avila asked if this placeholder could include more than

one ballot initiatives. Sarah Johnson, City Clerk, confirmed that more than

one item could be placed on the ballot if this first step is taken to have a

place holder for the November election and the ballot language will come

before City Council at the August 7, 2023.

Councilmember Donelson asked what the cost of the police training center

is. Jamie Fabos, Chief of Staff, stated that information will be presented on

August 7, 2023.

Councilmember Donelson asked how much the cost of the ballot initiative

will be. Ms. Johnson stated it will be determined later this week after the

County knows how many jurisdictions will be participating.

Councilmember Donelson stated he does not support putting this on the

ballot because there is no plan for obtaining the rest of the cost of the

training center and many citizens are looking forward to receiving their

TABOR refund.

Motion by Councilmember O'Malley, seconded by Councilmember Henjum, that

the Resolution declaring the intention of the City of Colorado Springs, Colorado,

to hold a Special Municipal Election and to participate in a Coordinated Election

to be held on Tuesday, November 7, 2023, and providing the effective date of this

resolution be adopted. The motion passed by a vote of 9-0-0-0

8 - Avila, Crow-Iverson, Helms, Henjum, Leinweber, O'Malley, Risley, and Talarico

1 - Donelson

Aye:

No:

12. Public Hearing

T5 Annexation Estimated Time: 20 minutes

12.A. ANEX-22-00 A Resolution adopting findings of fact and conclusions of law based

12R

thereon and determining the eligibility for annexation of property known

as T5 Addition No. 1.

(Legislative)

Related Files: ANEX-22-0012, ZONE-22-0009, COPN-22-0026

Presenter:

Gabe Sevigny, Planning Supervisor, Planning and Community

Development

Peter Wysocki, Planning Director, Planning and Community

Development

Attachments: Resolution

Exhibit B - Annexation Agreement

Planner Affidavit

Surveyor Affidavit

Signed Resolution No. 107-23.pdf

Gabe Sevigny, Planning Supervisor, Planning and Community

Development Department, presented the Resolutions and Ordinance

annexing the area known as T5 Addition No. 1 Annexation located at the

southern portion of 3819 Janitell Road consisting of 20,064 square feet,

Ordinance establishing BP (Business Park) zone district located at the

southern portion of 3819 Janitell Road consisting of 20,064 square feet,

and the Vineyard Commerce Park Concept Plan Amendment illustrating

the area to be used for stormwater related requirements. He provided a

brief overview of the site location, T5 schedule, background, annexation,

zone establishment, concept plan, stakeholder process, and staff

recommendation.

Kyle Campbell, Division Manager, Classic Consulting, representing the

applicant provided a brief description of annexation.

Motion by Councilmember O'Malley, seconded by Councilmember Henjum, that

the Resolution adopting findings of fact and conclusions of law based thereon

and determining the eligibility for annexation of property known as T5 Addition

No. 1 and approving an annexation agreement be adopted. The motion passed

by a vote of 9-0-0-0

9 -

Aye:

Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and

Talarico

12.B. ANEX-22-00 Ordinance No. 23-39 annexing the area known as T5 Addition No. 1

Annexation located at the southern portion of 3819 Janitell Road

consisting of 20,064 square feet.

(Legislative)

Related Files: ANEX-22-0012R, ZONE-22-0009, COPN-22-0026

Presenter:

Gabe Sevigny, Planning Supervisor, Planning and Community

Development

Peter Wysocki, Planning Director, Planning and Community

Development

Attachments: Ordinance

Annexation Agreement - Draft

FIA Below Threshold.T5 Addition No. 1

7.6.203-Annexation Conditions

Aerial

CPC Meeting Minutes_01.11.23

Signed Ordinance No. 23-39.pdf

Please see comments in Agenda item 12.A.

Motion by Councilmember O'Malley, seconded by Councilmember Henjum, that

the Ordinance annexing into the City of Colorado Springs the area known as the

T5 Addition No. 1 Annexation, based upon the findings that the annexation

complies with all of the Conditions for Annexation Criteria as set forth in City

Code Section 7.6.203 be approved on first reading. The motion passed by a vote

of 9-0-0-0

9 -

Aye:

Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and

Talarico

12.C. ZONE-22-00 Ordinance No. 23-40 establishing BP (Business Park) zone district

located at the southern portion of 3819 Janitell Road consisting of

20,064 square feet.

(Legislative)

Related Files: ANEX-22-0012, ANEX-22-0012R, COPN-22-0026

Presenter:

Gabe Sevigny, Planning Supervisor, Planning and Community

Development

Peter Wysocki, Planning Director, Planning and Community

Development

Attachments: Ordinance

Exhibit A - Legal Desc

7.5.603.B Findings - ZC

Signed Ordinance No. 23-40.pdf

Please see comments in Agenda item 12.A.

Motion by Councilmember O'Malley, seconded by Councilmember Henjum, that

the Ordinance establishing 20,064 square feet as BP (Business Park) zone district,

based upon the findings that the change of zone request complies with the three

(3) criteria for granting of zone changes as set forth in City Code Section

7.5.603(B) be approved on first reading. The motion passed by a vote of 9-0-0-0

9 -

Aye:

Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and

Talarico

12.D. COPN-22-00 Approval of the Vineyard Commerce Park Concept Plan Amendment

illustrating the area to be used for stormwater related requirements,

located at the southern portion of 3819 Janitell Road consisting of

20,064 square feet.

(Quasi-Judicial)

Related Files: ANEX-22-0012, ANEX-22-0012R, ZONE-22-0009

Presenter:

Gabe Sevigny, Planning Supervisor, Planning and Community

Development

Peter Wysocki, Planning Director, Planning and Community

Development

Attachments: Concept Plan

7.5.501.E Concept Plans

Please see comments in Agenda item 12.A.

Motion by Councilmember Henjum, seconded by Councilmember Leinweber,

that the Vineyard Commerce Park Concept Plan Amendment, based upon the

findings that the Concept Plan Amendment meets the review criteria for a

Concept Plan Amendment as set forth in City Code Section 7.5.503.C and the

Concept Plan criteria as set forth in City Code Section 7.5.501.E. be approved on

first reading. The motion passed by a vote of 9-0-0-0

9 -

Aye:

Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and

Talarico

Hope Chapel Annexation Estimated Time: 20 minutes

12.E. ANEX-22-00 A Resolution adopting findings of fact and conclusions of law based

10R

thereon and determining the eligibility for annexation of property known

as Hope Chapel Addition No. 1.

(Legislative)

Related Files: ANEX-22-0010, ANEX-22-0011, ANEX-22-0011R,

ZONE-22-0008, COPN-22-0008

Presenter:

Gabe Sevigny, Planning Supervisor, Planning and Community

Development

Peter Wysocki, Planning Director, Planning and Community

Development

Attachments: Resolution

Exhibit B - Annexation Agreement

Assent Approved

Planner Affidavit

Surveyors Affidavit Notarized

Hope Chapel Additions 1 & 2 FIA Memo

Signed Resolution No. 108-23.pdf

Gabe Sevigny, Planning Supervisor, Planning and Community

Development Department, presented the Resolutions and Ordinance

annexing the area known as Hope Chapel Addition No. 1 located at 2210

Old Ranch Road consisting of 4.6136 acres and No. 2 located at 2210 Old

Ranch Road consisting of 9.8807 acres, Ordinance establishing R5/SS

(Multi-family Residential with Streamside Overlay) zone district located at

2210 Old Ranch Road consisting of 11.1073 acres, and the Concept Plan

illustrating multi-family and religious institution uses, located at 2210 old

Ranch Road consisting of 11.1073 acres. He provided a brief overview of

the site location, timeline, background, annexation, zone establishment,

concept plan, stakeholder process, and staff recommendation.

Andrea Barlow, NES, representing the applicant, stated that since there

are no comments in support or opposition of the project, she believes Mr.

Sevigny provided the majority of the information regarding the project.

Motion by Councilmember Avila, seconded by Councilmember Henjum, hat the

Resolution adopting findings of fact and conclusions of law based thereon and

determining the eligibility for annexation of property known as Hope Chapel

Addition No. 1 and approving an annexation agreement be adopted. The motion

passed by a vote of 9-0-0-0

9 -

Aye:

Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and

Talarico

12.F. ANEX-22-00 Ordinance No. 23-41 annexing the area known as Hope Chapel Addition

No. 1 Annexation located at 2210 Old Ranch Road consisting of 4.6136

acres.

(Legislative)

Related Files: ANEX-22-0010R, ANEX-22-0011, ANEX-22-0011R,

ZONE-22-0008, COPN-22-0008

Presenter:

Gabe Sevigny, Planning Supervisor, Planning and Community

Development

Peter Wysocki, Planning Director, Planning and Community

Development

Attachments: Ordinance

CPC Staff Report

ProjectStatement

Annexation Plat - Hope Chapel Addition No.1

Annexation Plat - Hope Chapel Addition No.2

Legal Description

Zone Change

Concept Plan

Annexation Agreement_Draft

FIA Below Threshold

FIA Memo

ProjectStatement

NearEnclave_annexation_north2

AERIAL

Public Comments

Impact Report

Fasterling.Brian_comments

7.6.203-Annexation Conditions

CPC Meeting Minutes_01.11.23

Signed Ordinance No. 23-41.pdf

Please see comments in Agenda item 12.E.

Motion by Councilmember Talarico, seconded by Councilmember Leinweber,

that the Ordinance annexing into the City of Colorado Springs the area known as

Hope Chapel Addition No 1 Annexation located at 2210 Old Ranch Road

consisting of 4.6136 acres be approved on first reading. The motion passed by a

vote of 9-0-0-0

9 -

Aye:

Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and

Talarico

12.G. ANEX-22-00 A Resolution adopting findings of fact and conclusions of law based

11R

thereon and determining the eligibility for annexation of property known

as Hope Chapel Addition No. 2.

(Legislative)

Related Files: ANEX-22-0010, ANEX-22-0010R, ANEX-22-0011,

ZONE-22-0008, COPN-22-0008

Presenter:

Gabe Sevigny, Planning Supervisor, Planning and Community

Development

Peter Wysocki, Planning Director, Planning and Community

Development

Attachments: Resolution

Exhibit B - Annexation Agreement

Assent Approved

Planner Affidavit

Surveyors Affidavit Notarized

Hope Chapel Additions 1 & 2 FIA Memo

Signed Resolution No. 109-23.pdf

Please see comments in Agenda item 12.E.

Motion by Councilmember Leinweber, seconded by Councilmember Henjum,

that the Resolution adopting findings of fact and conclusions of law based

thereon and determining the eligibility for annexation of property known as Hope

Chapel Addition No. 2 and approving the annexation agreement is adopted. The

motion passed by a vote of 9-0-0-0

9 -

Aye:

Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and

Talarico

12.H. ANEX-22-00 Ordinance No. 23-42 annexing the area known as Hope Chapel Addition

No. 2 Annexation located at 2210 Old Ranch Road consisting of 9.8807

acres.

(Legislative)

Related Files: ANEX-22-0010, ANEX-22-0010R, ANEX-22-0011R,

ZONE-22-0008, COPN-22-0008

Presenter:

Gabe Sevigny, Planning Supervisor, Planning and Community

Development

Peter Wysocki, Planning Director, Planning and Community

Development

Attachments: Ordinance

Annexation Plat - Hope Chapel Addition No.2

Legal Description

FIA Below Threshold.T5 Addition No. 1

Impact Report

7.6.203-Annexation Conditions

CPC Meeting Minutes_01.11.23

Signed Ordinance No. 23-42.pdf

Please see comments in Agenda item 12.E.

Motion by Councilmember Henjum, seconded by Councilmember Talarico,that

the Ordinance annexing into the City of Colorado Springs the area known as

Hope Chapel Addition No. 2 Annexation based upon the findings that the

annexation complies with all of the Conditions for Annexation Criteria as set

forth in City Code Section 7.6.203 be approved on first reading. The motion

passed by a vote of 9-0-0-0

9 -

Aye:

Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and

Talarico

12.I.

ZONE-22-00 Ordinance No. 23-43 establishing R5/SS (Multi-family Residential with

Streamside Overlay) zone district located at 2210 Old Ranch Road

consisting of 11.1073 acres.

(Legislative)

Related Files: ANEX-22-0010, ANEX-22-0010R, ANEX-22-0011,

ANEX-22-0011R, COPN-22-0008

Presenter:

Gabe Sevigny, Planning Supervisor, Planning and Community

Development

Peter Wysocki, Planning Director, Planning and Community

Development

Attachments: Ordinance

7.5.603.B Findings - ZC

Signed Ordinance No. 23-43.pdf

Please see comments in Agenda item 12.E.

Motion by Councilmember Leinweber, seconded by Councilmember Henjum,

that the Ordinance establishing 11.1073 acres as R5/SS (Multi-family Residential

with Streamside Overlay) zone, based upon the findings that the change of zone

request complies with the three (3) criteria for granting of zone changes as set

forth in City Code Section 7.5.603(B) be approved on first reading. The motion

passed by a vote of 9-0-0-0

9 -

Aye:

Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and

Talarico

12.J. COPN-22-00 Approval of the Hope Chapel Additions 1&2 Concept Plan illustrating

multi-family and religious institution uses, located at 2210 old Ranch

Road consisting of 11.1073 acres.

(Quasi-Judicial)

Related Files: ANEX-22-0010, ANEX-22-0010R, ANEX-22-0011,

ANEX-22-0011R, ZONE-22-0008

Presenter:

Gabe Sevigny, Planning Supervisor, Planning and Community

Development

Peter Wysocki, Planning Director, Planning and Community

Development

Attachments: Concept Plan

7.5.501.E Concept Plans

Please see comments in Agenda item 12.E.

Motion by President Pro Tem Crow-Iverson, seconded by Councilmember

Leinweber, that the Hope Chapel Additions 1&2 Concept Plan illustrating

multi-family and religious institution uses, located at 2210 old Ranch Road

consisting of 11.1073 acres based on the findings that the Concept Plan meets the

Concept Plan criteria as set forth in City Code Section 7.5.501.E. be approved.

The motion passed by a vote of 9-0-0-0

9 -

Aye:

Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and

Talarico

Kettle Creek North Appeal Estimated Time: 3 hours

12.K. AR PUD

20-00538

An appeal of the City Planning Commission approval for the Kettle

Creek development plan consisting of 61.71 acres located north of the

intersection Thunder Mountain Road and Old Ranch Road.

(Quasi-Judicial)

Related Cases: AR FP 20-00539

Presenter:

Katelynn Wintz, Planning Supervisor, Planning Department

Peter Wysocki, Director, Planning Department

manner and base their decision solely on the review criteria. The rest of

Council stated they have received and read emails regarding the project

but have not had any conversations regarding it.

Katelynn Wintz, Planning Supervisor, Planning and Community

Development, presented the appeal of City Planning Commission's

decision to approve the Kettle

Creek development plan consisting of 61.71 acres located north of the

intersection Thunder Mountain Road and Old Ranch Road. She provided

an overview of the applications, vicinity map, background information,

public notice, history/background, Planned Unit Development (PUD)

Development Plan, motion from the July 13, 2021 City Council meeting,

Consideration #1 through #7, community concerns, conformance with

PlanCOS, and staff recommendations.

Councilmember Risley asked where the additional two hundred homes

were built within the last two years. Ms. Wintz stated they are located within

the North Fork neighborhood which is south of the applicant’s property.

Councilmember O’Malley if the development can proceed without a new

fire station being built. Ms. Wintz stated that seventy-four homes can be

constructed at this time.

Councilmember O’Malley asked when the Fire Station is expected to be

completed. Ms. Wintz stated there can the Fire Marshall can provide that

information.

Councilmember Donelson asked if the seventy-four homes can be

occupied without the fire station being built. Ms. Wintz confirmed they

could.

President Helms asked if the emergency exit to Howells Road can only be

used by residents in an emergency. Ms. Wintz confirmed there will be

emergency only signage, the road will remain a dirt road, and the gate will

be automated.

Councilmember Donelson asked if Consideration #1 from City Council has

not been met and Consideration #7 was modified by the Planning

Commission. Ms. Wintz confirmed that information.

Councilmember Leinweber stated that the City has a huge housing

shortage and asked if a project like this is how the City will address that

issue. Peter Wysocki, Director, Planning Department, stated that the City is

currently approximately 12,000 to 13,000 single-family units short and

adding inventory helps to curb the cost of housing.

Councilmember Donelson asked if the City’s need for housing a review

criteria. Mr. Wysocki stated it is not. Councilmember Donelson asked if

safety was a review criteria. Mr. Wysocki confirmed it is.

Sarah Knowley, representing the appellant, provided an overview of the

appeal request which included concerns regarding no access to Howells

Road to include a fire code/safety risk, least effective access,

band-aid-solution, legislative switch, future development, metropolitan

district, budget, Highway 83 access, and an incomplete traffic study. She

identified the review criteria not being met, safe evacuation study where the

County neighborhood was underrepresented, and community support.

Councilmember Henjum asked how the review criteria for the site design is

harmonious with the surrounding neighborhood is not being met. Ms.

Knowley stated by putting 7,000 residents in the neighborhood puts a strain

on the County neighborhood and takes away the ease of access on Old

Ranch Road.

Councilmember O’Malley asked how much Ms. Knowley’s homeowners

and property insurance has gone up in the past five years. Ms. Knowley

stated that it has at least doubled.

Councilmember Henjum asked why the County asked the City to take over

maintenance of Howells Road. Citizen Genevieve Gustafson explained that

when Wolf Ranch was annexed into the City, the county line was located in

the middle of Howells Road with fifteen feet of right-of-way on both sides of

the road, and the annexation documentation notates the exclusion of Old

Ranch Road and Howells Road right-of-way.

Gayle Sturdivant, Deputy Public Works Director, stated the original

conversation with the County regarding a quit claim deed for Howell’s Road

had nothing to do with this development, it was due to the road being

located near City resources.

Rich Sevik, representing the appellant and the North Forth Homeowners

Association (HOA), gave an overview of why a second exit route is needed

due to morning traffic/ emergency evacuation, Planning Commission’s vote

history on Kettle Creek North, City Council’s conditions for the proposed

development, developer’s response, Fire Marshall’s statements, Howells

Road connection, Arrowhead Road, North Fork HOA Safety First

Committee, unacceptable traffic study, proximity to the Black Forest Fire,

and wildfire risk conditions. He identified that a bridge could be built,

Governor’s approval option, and the number of evacuation exits/deaths in

previous wildfires.

Dean Venezia, Vintage Communities, representing the applicant, provided

a brief history of the property, the use of Howells Road as an access road

as a safe, realistic option for this neighborhood.

Chris Lieber. NES, identified the project team, project entitlement history,

site context, what has changed, planning context, Master Plan enlargement,

Planned Unit Development (PUD), Development Plan/Filing 1 Final Plat,

Wildland Fire Urban Interface (WUI), wildfire risk, and fifty-foot fuels

management zone. He identified the Kettle Creek Open Space, traffic, and

drone intersection survey.

Councilmember Henjum requested additional information about Red

Cavern Road which is not labeled on the site map. Mr. Lieber stated it is a

two-lane road which runs parallel to Powers Boulevard and then curls up to

Thunder Mountain Road.

Councilmember Leinweber asked if the elementary school is a County

school. Mr. Lieber stated that it is a District 20 school.

Councilmember Risley requested additional information regarding the

vegetation and forested area located in or adjacent to the egress to the

east. Mr. Lieber stated that area is not a densely forested corridor.

Councilmember Donelson asked if the North Fork neighborhood was

evacuated during the Black Forest Fire. Mr. Lieber stated he does not

believe that neighborhood was in existence at that time.

Councilmember Henjum asked if there was previously a property exchange

between the property owner and the City related to Trails, Open Space,

and Parks (TOPS). Mr. Lieber stated not to his knowledge.

Councilmember Henjum asked if the egress road which will go out to

Howells Road will be paved. Mr. Lieber stated it will be a gravel, all

weather, service road.

Councilmember O’Malley asked if the boundary for the creek is a

requirement of the Federal Emergency Management Agency (FEMA). Mr.

Lieber stated the boundaries of the creek are, but the edges and

boundaries for the Preble’s meadow jumping mouse habitat are controlled

by the Corps of Engineers or the Fish and Wildlife Service.

President Helms stated one of the exits from the high school immediately

exits onto the exit ramp on Powers Boulevard.

Scott Barnhart, Matrix Design Group, representing the applicant, identified

the details of the traffic analysis.

Councilmember Donelson asked if the traffic flows well. Mr. Barnhart stated

it does with the exception of approximately twenty minutes in the morning.

Councilmember Donelson asked what his assessment is in the event of an

emergency. Mr. Barnhart stated it would be bad but 247 extra homes will

not make it appreciatively worse because there is a lot of capacity to get

people out of that neighborhood.

Mr. Lieber provided an overview of the west access to Powers Boulevard,

north access analysis, a new bridge would impact the Preble’s meadow

jumping mouse habitat, road connection to the north or west, public

safety/emergency egress, site access/emergency options fully vetted,

emergency access via Howells Road, COS Ready: Zone COS-1226,

emergency services/egress, fifty-foot Fuels Management Zone/WUI

Development Standards, and evacuation summary.

Citizens Dave Dazlich, Vice President, Government Affairs, Colorado

Springs Chamber and EDC, Marla Novak, Housing and Building

Association (Mr. Dazlich spoke on her behalf), Andy Sanchez, spoke in

opposition to the appeal.

Councilmember Donelson asked what the cost of housing for this

development. Mr. Dazlich stated he believes it will be market rate housing.

Councilmember Donelson stated the City’s need for housing is not one of

the review criteria, but safety is. Mr. Dazlich stated that it is still relevant. Mr.

Bolinger stated the set of review criteria listed in City Code is what City

Council should be used to determine whether they vote yes or no to

approve the project. Councilmember Donelson asked if they consider

things outside the review criteria if it could be subject to an appeal on that

basis. Mr. Bolinger confirmed that it could be.

Citizens Louellen Welsch, Cora Michael, (Dorothy Macnak, Patricia

Gustavson and Jim Bower ceded their time to Jenny Gustavson), Matt

Westfall, John Trovas, Sam Bryant, Charlene Sevik, David Haney, Monte

Kuntz, (Linda McNabb and Dave Lohman ceded their time to Duncan

McNabb), Nancy Shea, Earl Gerker, Charlie Shea, and Bill Wysong spoke

in support of the appeal.

Mr. Lieber went over the emergency access alternatives, the direction to

consider Howells Road as an emergency access came from the Planning

Commission and City Council, their responsibility is to focus on review

criteria which includes safety, the traffic analysis has been updated, they

are not asking for any exceptions/variances for this project, this

development is proposing to put WUI standards in place even though it is

not located within the WUI, provide ten access points out of the

development, they have looked at a north and west option, but those are

nonstarters because of the Preble’s meadow jumping mouse habitat.

Councilmember Leinweber stated he does not see a threat of wildfire

coming from the southwest, south, or northwest, but he does see it from the

northeast, and he would not want to head northeast on a service road if the

threat is coming from that direction. He asked if Thunder Mountain Road

and Forest Creek Drive could be used as an access. Mr. Lieber confirmed

they could be along with several other roads. Councilmember Leinweber

stated he does not see the same element of risk for this area like he does

for Black Forest.

Ms. Knowley stated their concerns as El Paso County residents are for

safe evacuation, the traffic studies which analyze daily traffic should be

considered when evaluating evacuation, fire officials should be present at

today’s hearing to analyze the risks, the choke point on Old Ranch Road,

this development will have a large impact on County roads, there is no

guarantee that the metropolitan district will remain small and not have an

effect on the development of North Fork, and Howells Road is a dangerous

option for an emergency egress road.

Councilmember Leinweber asked if the County approved access to

Howells Road. Ms. Knowley stated they voted against the quit claim deed

to the City. Mr. Wysocki explained the history of the Howells Road

connection and stated the County did not approve the transfer of the road

to the City. Ms. Sturdivant explained that when Briargate was annexed into

the City, the annexation line runs through the middle of that road, so the City

owns thirty feet of it.

Mr. Sevik stated they are not proposing to go to the northeast because

heading east during a wildfire evacuation is dangerous due to the number

of pine trees, the Matrix Design Group traffic study shows less than one car

per home would add to the morning traffic which is a total 600 vehicles but

they are stating only 232 cars will be commuting due to COVID work from

home numbers, and it is not a good idea to extend Howells Road to cross

over Kettle Creek, but approximately four to five hundred feet east of

Powers Boulevard, the width of the creek is very narrow and would be an

easier crossing. He requested City Council either contact the governor to

provide an exception for emergency access to Powers Boulevard or give

residents access over Kettle Creek to Highway 83 because what motivates

him to be involved in this project is his worry for the 2,000 kids at Pine

Creek High School and 600 kids at the elementary school in the event of an

evacuation due to a wildfire.

Mr. Barnhart stated determining the number of trips generated from a

development is calculated using the standards from the National Institute of

National Transportation Engineers, which is used nationally, it was

approved by City Traffic Engineering, and has been used by every agency

he has ever worked for the past thirty years.

Mr. Lieber stated they also evaluated the traffic capacity at each of the

intersections which is 1,600 vehicles per hour with Thunder Mountain Road

having even more than that, the project meets the review criteria, is

consistent with past plans, the traffic report was approved by the City and

its experts, significant improvements have been made toward traffic, the

intersection at Pine Creek High School and the intersection of Old Ranch

Road and Thunder Mountain Road are operating at a Level of Service

(LOS) A and B respectively which allows for additional capacity. He stated

they were specifically asked by City Council to look at Howells Road as an

emergency access which they are working towards, they are providing the

fifty-foot fuels mitigation, the WUI, a gate at Howells Road, and from a

safety perspective, the City Code requirements have been met with ten

different access points out of the development. Mr. Lieber stated the traffic

studies do not indicate the need for a secondary access, the City’s traffic

and fire department support their proposal for access to Howells Road and

the management of the gate, and they have worked to meet the needs and

concerns of the neighbors.

President Helms asked if the gate at Howells Road will open automatically

if a vehicle drives up to it. Mr. Lieber confirmed it would.

Councilmember Donelson stated that City Council requested an additional

egress route which travels west or north. Mr. Lieber stated they worked

diligently toward that but was unable to achieve that condition.

President Helms stated in October of 2021, there was a letter sent to the

Public Works Director from the Colorado Department of Transportation

(CDOT) which stated they could not build access onto Powers Boulevard,

but they would commit to working with the City in the event of an emergency

to exit onto Powers Boulevard and asked if the developer would be willing

to look into. Mr. Venezia stated they just became aware of that letter within

the last two weeks, but they would be willing to look into that option. Ms.

Sturdivant stated she reaffirmed the letter of commitment with the current

regional director, Shane Ferguson, and they also agreed to work with the

Public Works Department and the Office of Emergency Management

(OEM) to develop a process for responding to limited access residential

areas.

Mr. Wysocki stated they received confirmation from the County that the City

does in fact own the western half of the right-of-way on Howell Road, one

County Commissioner would support emergency access, providing

housing is not a review criteria, but development plan conformance with

adopted plans such as PlanCOS which addresses the importance housing

for all is review criteria number two, and housing is also a priority of the

Mayor and the Administration.

Councilmember Donelson stated he believes it would be a mistake if City

Council bases their decision on anything outside the review criteria.

Councilmember Risley stated he agrees with Councilmember Donelson

that the issue of housing by itself is not a review criteria for this type of

review, but the Unified Development Code (UDC) does include the

opportunities for affordable and attainable housing throughout the City.

Ms. Wintz clarified that this application was reviewed using the previous

City Code Chapter 7 review criteria since the project’s inception in 2020

and because this item was referred back to the Planning Commission by

City Council, it gave the Planning Commission authority to add and/or

modify the considerations which were given to them.

Councilmember Talarico stated the motion to refer the item back to the

Planning Commission does not state anything about considerations, only

conditions. Ms. Wintz explained that since City Council did not approve the

application with those conditions, they became considerations for the

Planning Commission.

Councilmember Henjum asked what the legal implication of the statement

of “a master plan ceases having regulatory power per City planning

practice”. Mr. Bolinger stated when a master plan is implemented, it is no

longer mandatory that it be amended for a planned deviation from it and

City Council is not legally obligated by that statement.

President Helms requested the Colorado Springs Fire Department

(CSFD) evaluation of the emergency evacuation plan. Brett Lacey, Fire

Marshall, CSFD, provided a brief history of their review of the project,

discussion with the County regarding Howells Road as an emergency

egress as a gravel road, staging the vehicles on the roadways to the south,

CSFD is comfortable with this protecting the people, wildfire is

unpredictable, but generally moves from west to east, and his objective is

to have as many points out of the area as possible.

President Helms asked if City Council voted against the Howells Road

emergency evacuation option, how that would affect the evacuation

process. Fire Marshall Lacey stated it would contribute to slowing down the

evacuation process.

President Helms asked if CDOT were to help facilitate emergency access

onto Powers Boulevard if that would be sufficient enough to not include the

access onto Howells Road. Fire Marshall Lacey stated they tried to figure

out how to add a connection onto Powers Boulevard, but he is concerned

that people may not realize its purpose is as a means of egress.

President Helms requested additional information regarding the

importance of a forty to fifty-foot fuels mitigation. Fire Marshall Lacey

explained any degree of distance from the development adds to the

protection of the structures.

Councilmember Leinweber asked if developing this area with WUI

standards would reduce the wildfire risks. Fire Marshall Lacey confirmed

that protection would make a substantial difference if there was a fire

moving up from the creek.

Councilmember Talarico asked if the proposed fire station will be built

regardless of whether the development is approved. Fire Marshall Lacey

confirmed it will be.

Councilmember Talarico asked when it is expected to be constructed. Fire

Marshall Lacey stated they plan for it to be occupied by the end of 2024.

President Helms asked how the evacuation of this area would be

conducted if needed. Jeff Strossner, Commander, Colorado Springs

Police Department, stated they would assess the fire behavior, utilize

ZoneHaven as a modeling tool, put areas under evacuation or

pre-evacuation orders, and bring all the resources in to secure, control, and

route traffic in the area.

President Helms asked if CDOT’s commitment to assist with emergency

evacuation onto Powers Boulevard would add safety to the process.

Commander Strossner stated CDOT can be utilized as a partner in the

event of an evacuation, but he does not foresee an access road being

constructed at the last minute and from his personal experience, CDOT is

very possessive of their highways, but based on their letter, there is hope

for it.

President Helms stated he would like to amend the motion to deny the

appeal, deny the condition for access to Howells Road, and for the City to

pursue emergency access to Powers Boulevard from CDOT knowing it

would not be a permanent access.

Councilmember Leinweber asked how long it would take to evacuate

1,000 homes from this area onto Thunder Mountain Road. Todd Frisbie,

City Traffic Engineer, stated in one hour, approximately 1,600 vehicles can

be moved on a one-lane, free flowing road.

Councilmember Henjum stated she cannot support President Helms’

amendment to the motion because they have no control over CDOT and

requested they just vote on the original amendment.

Councilmember Donelson stated his primary concern is with the safety of

the citizens, they tried to set some conditions when they sent it to the

Planning Commission which they altered to their approval, and he is in

agreement regarding the promises made to County residents on Howells

Road.

Motion by Councilmember Donelson, seconded by Councilmember O'Malley,to

deny the appeal and uphold Planning Commission’s decision to approve the

Kettle Creek development plan, based upon the findings that the application

complies with the review criteria set forth in City Code Section 7.3.606 and

7.5.502(E) and that the appeal criteria of UDC Section 7.5.415(A)(2)(a)(2) are not

met. The motion failed by a vote of 1-8-0-0

1 - Avila

Aye:

No:

8 - Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and Talarico

Councilmember Risley stated he supports housing development, but he is

very concerned with the potential for public safety concerns.

President Helms stated he wants these homes built, but they need to do it

in a different way.

Councilmember Leinweber stated he also wants these homes built, but the

emergency road just does not make sense and asked if City Council could

formally request from CDOT that they provide some kind of emergency

road as a solution.

Councilmember Talarico and Councilmember Henjum expressed

appreciation for all the work, dedication, and participation which has gone

into this project on both sides.

Motion by Councilmember Donelson, seconded by Councilmember Henjum, to

uphold the appeal, deny the application, and overturn the Planning

Commission’s decision to approve the Kettle Creek development plan, based

upon the findings that the application does not comply with the review criteria

set forth in City Code Section 7.3.606 and 7.5.502(E) and that the appeal criteria of

UDC Section 7.5.415(A)(2)(a)(2) is met. The motion passed by a vote of 9-0-0-0

9 -

Aye:

Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and

Talarico

Creekwalk Apartments Estimated Time: 1 hour

12.L. PUDZ-22-00 Ordinance No. 23-32 amending the zoning map of the City of Colorado

Springs relating to 4.56 acres of land located between E. St. Elmo Ave.

and E. Ramona Ave. just west of S. Nevada Ave. from MX-M (Mixed Use

Medium Scale) and R5 (Multi-Family Residential) zone districts, both

with the SS (Streamside Overlay) zoning designation, to PDZ/SS

(Planned Development Zone District with the Streamside Overlay Zone)

for multi-family residential land use, with a maximum building height of 85

feet, and a maximum density of 87.72 DUs/acre.

(Quasi-Judicial)

Related Files: COPN-22-0025, PUDD-22-0038

Presenter:

Ryan Tefertiller, Urban Planning Manager, Planning and Community

Development Department

Peter Wysocki, Planning Director, Planning and Community

Development Department

Attachments: Ordinance

Creekwalk Residential Stakeholder Input UPDATED POST-CPC

Staff Report

Project Statement

Public Comments

Public Comment Responses

PlanCOS Areas of Change Map

PlanCOS Vision Map

7.3.603 Establishment & Development of a PUD Zone

7.5.603 Findings - ZC

CPC Meeting Minutes_06.14.23

Signed Ordinance No. 23-32.pdf

Ryan Tefertiller, Urban Planning Manager, Planning and Community

Development, presented the Ordinance amending the zoning map relating

to 4.56 acres of land located between E. St. Elmo Ave. and E. Ramona

Ave from MX-M (Mixed Use Medium Scale) and R5 (Multi-Family

Residential) zone districts, both with the SS (Streamside Overlay) zoning

designation, to PDZ/SS (Planned Development Zone District with the

Streamside Overlay Zone) for multi-family residential land use, with a

maximum building height of 85 feet, and a maximum density of 87.72

DUs/acre, a Planned Unit Development (PUD) Development Plan to allow

construction of the Creekwalk Apartment project for a 7-story, 400-unit

apartment building located between E. St. Elmo Ave. and E. Ramona Ave.,

and a Concept Plan Amendment for 14.40 acres of land between E.

Ramona Ave. and E. Cheyenne Rd. within the Creekwalk Redevelopment

Concept Plan to support the proposed Creekwalk Apartment project. He

provided a background of the site, proposal, applications, stakeholder

notice, context, analysis, proposed zone change, concept plan,

development plan, consistency with PlanCOS, Ivywild Master Plan, Nevada

Urban Renewal Plan, required review criteria, June 14, 2023 Planning

Commission meeting, and staff recommendation.

Jim Houk, Planner, Kimley Horn, representing the applicant, provided a

vicinity map of the area, 2019 site photo, 2022 site photo, overall public

redevelopment progress in the corridor, public improvements, major

redevelopment objective, application, non-profit partnerships, Creekwalk

South before/after photos, existing conditions, and proposed

improvements.

Danny Mientka, Owner, The Equity Group, representing the applicant,

identified the Creekwalk residential context, scale/mass, and existing

high-density development.

Councilmember Henjum asked if the City has offered any incentives to

minimize the number of parking spaces. Mr. Mientka stated they have not

asked that question of the City, but it is worth exploring.

Councilmember Donelson asked who is paying for the undergrounding of

the power lines. Mr. Mientka stated the system improvement plan cost will

be split 50/50 with Colorado Springs Utilities (CSU) through a contract

which was signed in 2015.

Councilmember Donelson stated he is concerned that this project’s costs

are going up and it has hit a point where they cannot make this work unless

there is a zoning change so for more density. Mr. Mientka stated the zone

change is the appropriate application for this type of residential

development so they can define the height, parameters, and guardrails for

the development.

Councilmember Donelson asked if the current zoning would allow forty-five

or fifty feet of building height. Mr. Mientka confirmed that most of the

properties are commercially zoned and some of them are residentially

zoned so within those R-5 zones, they have different height limitations

which is not unusual.

Councilmember Donelson stated they now eighty feet of building height to

make in order to make it work which it is not zoned for and that puts City

Council in a position where they either go along with it so it works

financially or deny it because they have started to get many complaints

from citizens about high density large apartment complexes who feel like it

alters their neighborhoods in a negative way. Mr. Mientka stated they are

not changing the zone to be able to get to a particular the density, they have

a mix of three different zones within the aggregation of all of these parcels

so they need to go to an R-5 or some equivalent residential multi-dwelling

type of zoning and Planned Unit Development (PUD) allows them define

the appropriate development characteristics and so they are not using the

PUD to get to more density, they would use it if they had less density, and

the density is a matter of economics.

Jariah Walker, Executive Director, Colorado Springs Urban Renewal

Authority, spoke in support of the project.

Citizens (John Pitchford ceded his time to Dana Duggan), Ariana Arenson,

Bill Wysong, Felicia Grillo, and Bob McGrath spoke in opposition of the

project.

Councilmember Leinweber requested additional information regarding any

proposed improvements to the I-25 and Nevada Avenue intersection. Todd

Frisbie, City Traffic Engineer, stated there is already a City funded Pikes

Peak Rural Transportation Authority (PPRTA) project at that interchange

which will improve the conditions and add capacity there.

Councilmember Avila stated she thinks this is an amazing project.

Councilmember Donelson stated he appreciates what Mr. Mientka has

done on South Nevada Avenue and asked what the concerns of the two

Planning Commissioners were who voted against the project. Mr. Tefertiller

stated one of them felt the bulk and scale was too much and the other

Commissioner voted against it due to lack of street level activation.

Councilmember Donelson asked if the traffic study was included in the

agenda packet. Mr. Tefertiller stated it was not because it was 350 pages

long. Mr. Frisbie provided an overview of the summary of the traffic study

which met the City’s review criteria and stated he believes this location is a

good fit for this project.

Councilmember Donelson asked what the Level of Service (LOS) was near

this site. Mr. Frisbie stated they were LOS A and B at Ramona Avenue and

St. Elmo Avenue, and they are working to improve the queueing issues on

Nevada Avenue.

Councilmember Donelson asked what the rent will be for these units. Mr.

Mientka stated it is a market rate development and rent will be

approximately $1,500 to $3,000 per month.

Councilmember Risley stated he views this development as an extension

of the downtown corridor, and he supports this project.

Councilmember Henjum stated some other benefits of this development

includes a more efficient use of water and power resources and this is the

way Colorado Springs needs to develop and she is in

Councilmember Donelson stated he appreciates the work that has

happened with the creek and the under grounding of power lines, but it is

extraordinarily expensive and that that drives a very large high density

apartment building for which there's more and more unhappiness among

the constituents. He stated he thinks this is a very abrupt change from the

neighborhood and the bulk and the scale of this project is too much and

requested that there be a revaluation and a change of the design.

President Helms stated he thinks it is a beautiful design and the height is a

good difference for the area.

Motion by Councilmember Avila, seconded by Councilmember Henjum, that the

Ordinance amending the zoning map of the City of Colorado Springs for 4.56

acres of land from C5 - Intermediate Business (recently changed to MX-M, Mixed

Use Medium Scale) and R5 (Multi-Family Residential) zone districts, both with the

SS (Streamside Overlay) zoning designation, to the Planned Development Zone

District with the Streamside Overlay Zone (PDZ/SS) for multi-family residential

land use, with a maximum building height of 85 feet, and a maximum density of

87.72 DUs/acre. This recommendation is based upon the findings that the request

meets the review criteria for establishing a PDZ zone, as set forth in City Code

Section be approved on first reading. The motion passed by a vote of 7-1-1-0

7 - Avila, Crow-Iverson, Helms, Henjum, Leinweber, Risley, and Talarico

Aye:

No:

1 - Donelson

1 - O'Malley

Absent:

12.M. PUDD-22-00 A PUD Development Plan to allow construction of the Creekwalk

Apartment project for a 7-story, 400-unit apartment building, located

between E. St. Elmo Ave. and E. Ramona Ave. just west of S. Nevada

Ave.

(Quasi-Judicial)

Related Files: PDZ-22-0008, COPN-22-0025

Presenter:

Ryan Tefertiller, Urban Planning Manager, Planning and Community

Development Department

Peter Wysocki, Planning Director, Planning and Community

Development Department

Attachments: Staff Report

Project Statement

PUD Development Plan

Public Comment

Public Comment Responses

Stakeholder Input

PlanCOS Areas of Change Map

PlanCOS Vision Map

7.5.502.E Development Plan Review

7.3.606 PUD Development Plan

Creekwalk Residential Stakeholder Input UPDATED POST-CPC

Please see comments in Agenda item 12.L.

Motion by Councilmember Henjum, seconded by Councilmember Talarico, that

the PUDD development plan for the Creekwalk Apartment project, based upon

the findings the proposal meets the review criteria for PUDD development plans

as set forth in City Code Section 7.5.502.E. and the criteria for PUDD development

plans set forth in City Code Section 7.3.606. subject to the following technical

modifications: Technical Modifications to the PUDD Development Plan: 1. Update

the “Project Description” section on sheet 1 of the plan to correctly indicate that

up to 400 apartment units are proposed within the building., 2.

Provide the

necessary irrigation notes for specific landscape areas, 3. Update the plan’s

facilities sheet to address all Colorado Springs Utilities concerns including

correctly showing the site’s hydrant location and showing the new wastewater

main on both the utility and landscape sheets., 4. Update the plan to illustrate all

exit pathways required by the Colorado Springs Fire Department., 5. Address Fire

standards regarding pavement design, fire standpipe location and hose reach., 6.

Address SWENT comments including: a. Need to finalize the project’s drainage

report ensuring that the report and the plan are consistent with each other., b.

Ensure that the plan and the report meet all requirements, criteria and steps., c.

Add notes to the plan documenting the entity that will own and maintain the

stormwater facility be approved. The motion passed by a vote of 7-1-1-0

7 - Avila, Crow-Iverson, Helms, Henjum, Leinweber, Risley, and Talarico

Aye:

No:

1 - Donelson

1 - O'Malley

Absent:

12.N. COPN-22-00 A Concept Plan Amendment for 14.40 acres of land between E.

Ramona Ave. and E. Cheyenne Rd. within the Creekwalk

Redevelopment Concept Plan to support the proposed Creekwalk

Apartment project.

(Quasi-Judicial)

Related Files: PDZ-22-0008, PUDD-22-0038

Presenter:

Ryan Tefertiller, Urban Planning Manager, Planning and Community

Development Department

Peter Wysocki, Planning Director, Planning and Community

Development Department

Attachments: Staff Report

Concept Plan

Public Comment

Public Comment Responses

PlanCOS Areas of Change Map

PlanCOS Vision Map