CITY PLANNING COMMISSION
ITEM NOS: F & G
STAFF: ROBERT TEGLER
FILE NOS: CPC A 02-010 - LEGISLATIVE
CPC ZC 02-011 - - LEGISLATIVE
PROJECT:
ACADEMY CHRISTIAN CHURCH ANNEXATION
APPLICANT:
LEIGH WHITEHEAD & ASSOCIATES
OWNER:
ACADEMY CHRISTIAN CHURCH
PROJECT DESCRIPTION:
This is a request for annexation of a 7.3-acre property at the southeast corner of Hwy. 83 and Old
Ranch Rd., and a zone change from El Paso County RR-3 to City A/CR (Agricultural with
Condition of Record). The property contains an existing church. No further development is
anticipated with this request.
STAFF'S RECOMMENDATION:
ITEM NO. E:
CPC A 02-010 - ANNEXATION
Approve the annexation because it will be in compliance with Conditions For Annexation 7.6.203
and the Comprehensive Plan subject to the following condition and technical revision:
Show on the annexation plat, and record by separate deed 12 feet of additional right-of–
way for Old Ranch Road.
ITEM NO. F:
CPC ZC 02-011 – ZONE CHANGE
Approve the zone change to A/CR because it will conform to Zone Change Review Criteria
7.5.603.B. subject to the following Conditions of Record:
1. The use of the property is restricted to Religious Institution.
2. Approval of a development plan and subdivision plat will be required in conjunction with any
further development of this property.
SUMMARY:
This property was subject to a pre-annexation agreement approved by the City in 1997.
Conditions have not changed and the site still meets all applicable criteria for annexation. The
Agricultural zone with conditions of record is appropriate for the site and protects nearby
properties from potential adverse impacts.
COMPREHENSIVE PLAN:
Strategy T 103d: Incorporate Land Use and Traffic Planning in Development Review
Identify and address traffic issues in land use proposals. Avoid access to new businesses through
established residential neighborhoods. Resolve traffic issues prior to granting project approval.
Objective CIS 2: Annexations will benefit the City
Annexations will be a benefit to the City and will occur in a manner that ensures a logical and
sequential extension of the City’s boundary.
Annexation is the process by which municipalities incorporate new territory, and is one of the most
dramatic and lasting actions a municipality takes. A thorough evaluation of the costs and benefits
of servicing the new area should be carried out prior to the approval of an annexation.
Strategy CIS 201a: Ensure that Annexation Requests are in Compliance with State Law
Review annexation requests to meet all statutory requirements for annexations according to the
laws of the State of Colorado. If requests are not in compliance with state statutes, work with
those requesting annexation to correct any deficiencies.
Policy CIS 202: Annexations Will be a Benefit to the City
Evaluate proposed annexations to determine if the request is a benefit to the City.
Strategy CIS 202a: Evaluate Annexations to Determine if They Will Benefit the City
Evaluate an annexation’s benefit to the City based on the following criteria:
 The short and long-term fiscal impact of extending City services;
 The impact a development area may have upon the City if it is not annexed;
 Any necessary capital improvements and anticipated revenues generated by the proposed
development;
 Employment opportunity;
 Consistency with the Colorado Springs Utilities Water Resources Plan;
 Improved stormwater management including stormwater quality controls;
 Improved public transportation;
 Diversification of the economic base;
 The City’s ability to accommodate projected population increases;
 The efficiencies of adding the annexation to the City;
 Effect on air quality; and
 Impact on environmental quality.
Strategy CIS 202b: Require Master Plans for Annexation Requests
Require a master land use plan to be included and approved by the City prior to final approval of
the annexation. The master plan will include a phasing plan and may need to be supported by
adequate and appropriate financial performance guarantees relating to phasing of the master
plan.
Strategy CIS 202c: Ensure Sufficient Water and Wastewater Facilities
Colorado Springs Utilities will review annexation requests to assess the sufficiency of current and
projected water and wastewater facilities available for present and projected needs consistent with
Colorado Springs Utilities policy direction.
Policy CIS 203: Development will be Consistent with Long Range Plans
Phase development in compliance with the Strategic Network of Long-range Plans for
infrastructure and services in a cost-effective and predictable manner.
Strategy CIS 203a: Establish Timing of Development
Establish the phasing of development and the initial level of City services through an annexation
agreement between the City and property owners seeking either annexation or City services.
Policy CIS 204: Avoid Creating Enclaves and Eliminate Existing Enclaves
Avoid annexations that create enclaves, and begin the sequential process of annexing existing
enclaves.
Strategy CIS 204a: Avoid Enclaves
Work with property owners requesting annexations to avoid creating enclaves. Annexations that
create enclaves will not be approved.
Strategy CIS 204b: Identify and Annex Existing Enclaves
Identify all existing enclaves and create a phasing plan for their annexation. Identify infrastructure
and service deficiencies based upon current Level of Service standards. Determine how the costs
will be paid if the enclave requires infrastructure up-grades to be consistent with City standards.
Strategy CIS 204c: Foster Cooperation to Annex Enclaves
Develop cooperative approaches with area property owners, El Paso County and other
governmental entities that equitably address the unique issues associated with the annexation of
enclaves and peninsulas.
Strategy CIS 501a: Coordinate the Planning and Provision of Services.
Colorado Springs Utilities will identify, coordinate, and plan for utility resource and utility
infrastructure service to customers within the City and Colorado Springs Utilities service areas.
BACKGROUND:
Existing Zoning/Land Use - County RR-3 (Rural Residential)/ Church
Surrounding Zoning/Land Use - North - PIP-1/ Old Ranch Rd., vacant
South - County RR-3/ single family residential
East - County RR-3/ single family residential
West - County RR-3/ Hwy. 83, single family residential
Subdivision – Vacated Lots K and L, Fil. No. 2 of Spring Crest
Physical Characteristics – Developed property with an existing church and related improvements.
No significant features.
DEPARTMENTAL REPORTS:
City Engineering –
1. Adjacent street construction obligations will be determined and clarified at the time of
subdivision platting.
2. Previous agreements were made relating to payment of drainage fees on this site. Originally,
payment of drainage fees was deferred from the time of utility application for three years and
at that time annexation would occur and drainage fees paid. I recall subsequent discussions
about collecting drainage fees at the time of subdivision platting (replatting) after the site is
annexed. In such case the drainage fees would be collected on the platted acreage. (For
example if they are not required to plat their entire ownership to accomplish their
development, then fees would only be due on the area required to be platted.)
3. Please use the following language in the annexation agreement:
PUBLIC FACILITIES
Drainage. A Preliminary/Final Drainage Report/Plan shall be prepared and submitted by the
Owner to the City and approved by the City Engineer prior to recording the Annexation Plat.
Said report shall document the requirement for payment of drainage fees at the time of
subdivision platting. Updated Preliminary/Final drainage Reports/Plans or Drainage Letters
will be required in the normal manner at the time of Development Plans and
Preliminary/Final Plat applications. The Owner shall be responsible for construction, at his
expense, of all drainage improvements included in any approved drainage plans. The
Owner shall comply with all drainage criteria, standards, policies and ordinances in effect at
the time, including the payment of any drainage and arterial bridge fees at the time of
subdivision platting and the reimbursement for drainage facilities constructed.
Traffic Engineering –
1. Old Ranch Road is identified as a Minor Arterial in the Intermodal Transportation Plan. As
such the annexation should include the additional right of way requirement of 12 feet necessary to
facilitate the minor arterial roadway.
2. Access will remain on Montezuma Road, no new access will be allowed on Old Ranch Road
or State Highway 83.
3. Adjacent street construction obligations will be determined and clarified at time of subdivision
platting.
4. Standard comments.
Comprehensive Planning - Since utility service has been extended to the site, annexation is
appropriate.
David Litzelman
Budget and Finance - Make sure in the annexation agreement that the City negotiate any off-site
improvements that may be necessary based on comments from other Units. For example, rightsof-way and access points, public safety concerns, etc. Lisa Bigelow
Utilities - This item is acceptable to forward to City Council for their review and approval. Please
include the standard annexation agreement language regarding CSU issues including the section
on electric service territory transfers.
Water/Wastewater - Wastewater Service has been provided to this site through a Pre-Annexation
Agreement. No other wastewater improvements will be required to serve this site unless
additional onsite construction requires it. Dan Tippie
CDOT – This portion of Hwy. 83 is under administrative control by the City of Colorado Springs
although CDOT continues to maintain the roadway. Drainage to the state highway shall not
exceed the undeveloped historic rate of flow. Any excess shall be detained on site and released
at historic rates. The state highway will not be impacted by approval of either request.
Fire – Acceptable.
USAF Academy – The AFA will not agree to upstream developments releasing water and
stormwater runoff through point or non-point drainage onto our property above historic flows.
Due to the proximity of this development to our main airfield arrival departure corridor, the USAF
Academy requests the following notice be placed on this project’s final plat: “NOTICE: This
property may be impacted by noise and other similar incidental sensory effects of flight caused by
aircraft used in the USAF Academy’s Airmanship Program. This notice shall remain in effect until
the Academy shall cease to be actively used. This notice shall run with the land.”.
All Other Reporting Departments - Standard or no comment.
PETITIONER'S JUSTIFICATION:
FIGURE 1
STAKEHOLDER PROCESS:
The public process involved with the review of these applications included posting of the site, and
sending of letters on two separate occasions to all property owners within a 500 ft. radius of the
property. There have been no objections.
ANALYSIS OF MAJOR ISSUES:
The existing Academy Christian Church was built in unincorporated El Paso County in 1986. In
1997, the church petitioned the City of Colorado Springs for extension of water and wastewater
service and the utility services were granted subject to the pre-annexation agreement provision
that the church submit an annexation request to the City within three years. The applicant
submitted this request to the City in 2002.
A site plan (FIGURE 2) for the property shows the existing church building and parking lot. The
annexation plat (FIGURE 3) also shows the site, consisting of 7.3 acres, which is not currently
platted. Highway 83 and Old Ranch Road form the west and north boundaries respectively. No
access is permitted on these streets. The east and south boundaries are Montezuma Rd., a
County road with single family residences across the street. The church expects to expand it
facilities at some point in the future, but nothing has been proposed yet and no new development
is anticipated with these requests. If and when further development occurs a development plan
will be required and the property will need to be platted.
CONFORMANCE WITH CONDITIONS FOR ANNEXATION 7.6.203 AND THE
COMPREHENSIVE PLAN
When City Council approved the pre-annexation agreement in 1997, it made a determination that
the subject property met the conditions for annexation noted in the Zoning Ordinance. The site
meets all technical criteria, is a logical extension of the City, and projected utility services were
judged adequate to service the property.
The Comprehensive Plan contains several policies and strategies cited earlier in this report.
Annexations must be a benefit to the City and occur in a manner that ensures a logical and
sequential extension of the City’s boundary. They must meet all statutory requirements for
annexations according to the laws of the State of Colorado.
The site is part of an enclave (or peninsula) surrounded on three sides by the City and on the west
by the USAF Academy. The Comprehensive Plan encourages us to reduce or eliminate
enclaves. Strategy CIS 204c states that we should develop cooperative approaches with area
property owners, El Paso County and other governmental entities that equitably address the
unique issues associated with the annexation of enclaves and peninsulas. Annexation of the
Academy Christian Church property is in compliance with these goals.
Because of the small acreage, no master plan was required for this request. Approval of the
annexation will permit an additional 12’ R.O.W. dedication for Old Ranch Road to the north. Other
physical and financial issues such as drainage, street improvements and traffic signals will be
deferred until a development plan and subdivision plat are submitted for future development. In
conclusion, staff finds that the conditions are met to annex the property and recommends that it
be approved.
ZONE CHANGE REVIEW CRITERIA 7.5.603.B
The property is currently zoned County RR-3. The applicant has requested that the established
zone be A/CR (Agricultural with Condition of Record). This zone permits religious institutions as
principal permitted uses. The condition of record would restrict the uses on this site to only
religious institutions, thus preventing the establishment of A zone uses that would not be
compatible with nearby development and inappropriate on this site. Staff recommends another
condition that requires approval of a development plan and subdivision plat prior to approval of
any further development on this site. The prominent location of the property at the intersection of
two major roads, and the proximity of low density residential land uses across the street justify a
public process for reviewing intensified use of the land.