CITY PLANNING COMMISSION AGENDA ITEM NOS: 15,16,17,18,19 STAFF: PATRICIA PARISH

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1 Page 185 CITY PLANNING COMMISSION AGENDA ITEM NOS: 15,16,17,18,19 STAFF: PATRICIA PARISH FILE NOS: CPC A LEGISLATIVE CPC ZC LEGISLATIVE CPC ZC LEGISLATIVE CPC CP QUASI-JUDICIAL CPC PP QUASI-JUDICIAL PROJECT: APPLICANT: OWNERS: NORTHGATE ESTATES ANNEXATION BRIAN BAHR, CHALLENGER HOMES, INC. SANDRA HOLLIS, CHARLOTTE GARRETT, KARLHEINZ SCHOENBERGER, LORI SCHOENBERGER AND BAHR HOLDINGS, LLC. PROJECT DESCRIPTION: This is a request for an annexation, establishing zone district Single-Family Residential with condition of record (R1-6000/cr) for approximately acres, establishing zone district Office Complex with condition of record (OC/cr) for approximately 3.38 acres, a Concept Plan and a Preliminary Plat for property located north of North Gate Boulevard, one-half mile east of Voyager Parkway (FIGURE 1). STAFF'S RECOMMENDATION: ITEM NO.:15 CPC A ANNEXATION Approve the Northgate Estates annexation (FIGURE 2) because it is in compliance with the Annexation Plan, the Comprehensive Plan and Subdivision Code criteria. ITEM NO.: 16 CPC ZC ZONE CHANGE Approve the establishment of the R1-6000/cr (Single Family Residential with condition of record) zone (FIGURE 3) based upon the findings that the Change of Zoning request complies with the three (3) criteria for granting of zone changes as set forth in Chapter 7, Article 5, Section 603.B. in the City Zoning Code with one condition of record: No final plat shall be approved prior to a second access being obtained by the applicant and dedicated to the City of Colorado Springs for purposes of public right-of-way. ITEM NO: 17 CPC ZC ZONE CHANGE Approve the establishment of the OC/cr (Office Complex with condition of record) zone (FIGURE 4) based upon the findings that the Change of Zoning request complies with the three (3) criteria for granting of zone changes as set forth in Chapter 7, Article 5, Section 603.B. in the City Zoning Code with one condition of record: No final plat shall be approved prior to a second access being obtained by the applicant and dedicated to the City of Colorado Springs for purposes of public right-of-way.

2 Page 186 ITEM NO: 18 CPC CP CONCEPT PLAN Approve Northgate Estates Concept Plan (Refer to Figure 5) for the office park, based upon the findings that the Concept Plan meets the review criteria for concept plans as set forth in Chapter 7, Article 5, Section 501.C. of the City Zoning Code. This recommendation for approval is subject to compliance with changes to the Northgate Estates Concept Plan as set forth in the Technical and Informational Modifications to the Concept Plan portion (page 192) of the CPC agenda. ITEM NO: 19 CPC PP PRELIMINARY PLAT Approve the Preliminary Plat for Northgate Estates (Refer to Figure 6), based upon the finding that the preliminary plat complies with the purpose and intent of the Subdivision Regulations as set forth in Chapter 7, Article 7, Section 102.A-F. of the City Zoning Code. This recommendation for approval is subject to compliance with the changes to Preliminary Plat for Northgate Estates as set forth in the Technical and Informational Modifications to the Preliminary Plat portion (page 192) of the CPC agenda. SUMMARY: The annexation of this vacant property is in conformance with City policies and meets all criteria for approval. The two zone changes are in conformance with the criteria in the Zoning Code, as well as with the 2020 Comprehensive Plan and Annexation Plan. The two zones requested (R /cr and OC/cr) will allow the development of residential building lots and office buildings. The Concept Plan, showing six office buildings, is in substantial compliance with the approval criteria. The Northgate Estates Preliminary Plat proposes 74 singlefamily residential lots and a tract, which will have a subsequent development plan submittal showing the details of the office complex. Other tracts shown are for drainage, signage and common open space. Minor modifications shall be required prior to final approval, which are listed in the Technical and Informational Modifications sections. The three-quarter intersection at North Gate Boulevard and Northgate Estates Road is already built. The access to the north, connecting Northgate Estates Road and Voyager Park will need to be obtained by the applicant by purchasing Tract A of Northgate Highlands Filing 1B from the Northgate Highlands Homeowner s Association (HOA) and dedicating it to the City of Colorado Springs as public right-of-way. Tract A was shown as Future Right-of-Way on the Final Plat and Development Plan but owned and maintained by the Northgate Highlands HOA. The Final Plats are being reviewed administratively and will be completed after this Planning Commission hearing. BACKGROUND: Existing Zoning/Land Use - RR-3/ rural single-family residential Surrounding Zoning/Land Use - North - R DF/ single-family residential South - PBC and PUD/ commercial and single-family residential East - County RR-3 / single-family residential/church West - R DF/single-family residential Subdivision Unplatted. Physical Characteristics Large lot, single-family residential horse property. The property generally slopes down to the southwest with a major drainage, Monument B of Monument Creek. Most of the site consists of grassland, yuccas and some scattered scrub oak. Ponderosa pines are also found in several locations. Some significant features such as deep drainage crevices and small hills exist throughout the property. DEPARTMENTAL REPORTS: See staff review letters of October 11, December 27 and 28, 2005 (FIGURES 7-9) and applicant s first letter of December 5, 2005 (FIGURE 10). A revised concept plan and preliminary plat were provided and additional comments from the departments consist of the following: 1. Scott Logan, Traffic Engineering (FIGURES 11 AND 12). 2. Steve Smith, Fire Department (FIGURE 13) 3. All Other Reporting Departments: Standard or no comment.

3 Page 187 PETITIONER'S JUSTIFICATION: (FIGURES 14-16) 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 two general public meetings. Discussion centered around impact of the new residences on the Northgate Highlands Subdivisions, impact on the property owners surrounding Tract A, traffic issues associated with the acquisition of Tract A and the three quarter movement on North Gate Boulevard. Staff feels that these issues were discussed at length with the Homeowner s Association, neighboring property owners and have been resolved to the best conclusion possible at this juncture. The applicant is currently in negotiations with the HOA for acquisition of the Tract A. ANALYSIS OF MAJOR ISSUES: ANNEXATION The subject property is an approximately 25 acre parcel bounded by North Gate Boulevard on the south, Northgate Highlands Subdivision on the north and west and County rural residential on the east. The discrepancy in acreage is due to a small strip of land surrounding the subject property that is already within the City limits. It has historically been used as horse ranchettes. The applicant wishes to annex it to the City of Colorado Springs and develop it as a single-family residential and neighborhood office community. They filed an annexation petition and plat with the City Clerk in December of 2004, and submitted the required annexation application, two zone changes, a concept plan, preliminary plat and two final plats to City Planning in August of An Annexation Impact Report was filed with the Clerk of the Board of County Commissioners on January 6, Several City documents govern the review of new annexations to the City. They include the Comprehensive Plan, the Annexation Plan (adopted in September 2002), and the Zoning and Subdivision codes in addition to the regulations of the State of Colorado. The City s Annexation Plan identifies several categories of land in its Potential Annexation Areas map. (FIGURE 17) Area #4 is in the second highest category: Recommended For Annexation and in the Potential Urban Growth Area. Comprehensive Plan Policies Although there are many criteria related to annexations in the various documents, the primary basis for analysis is found in Comprehensive Plan Strategy CIS 202a. Discussion of this strategy follows. 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.

4 Page 188 Analysis of Criteria The short and long-term fiscal impact of extending City services; Any necessary capital improvements and anticipated revenues generated by the proposed development; A Fiscal Impact Analysis (FIGURE 18) has been provided by Lisa Bigelow from the City Finance Office. The Fiscal Impact Analysis represents a positive impact for the following reasons: 1. Office use is included with the proposed residential use. 2. The applicant has agreed to pay a $9457/acre Transportation Improvement Fee. 3. The applicant has agreed to pay a $630/acre Fire Reimbursement Fee. The conclusion drawn is the proposed annexation does not demonstrate an adverse fiscal impact upon the general community. The impact a development area may have upon the City if it is not annexed; The efficiencies of adding the annexation to the City; The prevailing land use is rural residential with an average density of one dwelling unit per five acres. A limited number of larger parcels also exist in the vicinity. Some properties have small hobby farms with horses, llamas, and other domesticated animals. Urban density residential and office complexes are beginning to be developed within the boundaries of the City of Colorado Springs in the Northgate area. This type of development could be expected to continue and possibly intensify in the future. The Tri-Lakes Plan and the Black Forest Plan also recognize what was the existing but then undeveloped portion of the Northgate property, which is located west and north of the subject property. The 2000 Tri-Lakes Comprehensive Plan recognized the potential for this area to be subdivided, and this has occurred within Northgate. The current zoning for these parcels is RR-3 (rural residential) with a minimum lot size of 5 acres. Clearly, it would be more difficult for the applicant to develop their property absent the urban services (especially utilities), which can be provided by the City. Nevertheless, near-urban density development does occur in many areas of the County adjacent to the City despite the lack of City infrastructure. Objective LU 1 urges coordination between the governments to avoid haphazard patterns of development, greater increases in traffic congestion, duplication of services, fiscal inequalities, and uneven standards for infrastructure and services. If the property is annexed to the City, we are better able to regulate its development to avoid these problems and prevent adverse impacts. Annexing to the logical boundary of Northgate Highlands Subdivisions will improve efficiency of City services by consolidating utility, public works, police and fire operations into a more cohesive area. Employment opportunity; Diversification of the economic base; Employment opportunities are present in the proposed concept plan. The neighborhood office use will create long-term employment in addition to the many construction jobs for the single-family homes and office buildings required to develop the community. Consistency with the Colorado Springs Utilities Water Resources Plan; Improved stormwater management including stormwater quality controls; Colorado Springs Utilities is on record as stating that they expect to have adequate water to service this new development. Preliminary stormwater drainage plans have met the approval of City Engineering. Improved public transportation; The access to the north through Tract A of Northgate Highlands has been a major factor in the review of this project. Planning, City Engineering, Traffic Engineering, Fire Department and Police Department all agreed that a second access would be necessary for this project to go forward with these types of urban densities and office use. Tract A was reserved as future right-of-way on the Final Plat and Development Plan for Northgate Highlands Filing 1B. As part of the annexation agreement, the applicant will acquire and dedicate a second access to the subdivision at no cost to the City. The actual dedication and construction of the road is the responsibility of the applicant. The second access must be submitted, reviewed and approved by the City prior to approval of the concept plan, preliminary plat or two final plats.

5 Page 189 The City s ability to accommodate projected population increases; The Preliminary Plat for the Northgate Estates annexation anticipates a 74 residential lots consistent with the density in a property zoned R directly adjacent. Effect on air quality; and Impact on environmental quality. Neither staff nor the applicant has identified any projected impacts upon air quality. The property is currently large lot single family residential. The property is available for development and will experience some degradation of its environmental quality regardless of whether it is annexed or not. The impact on environmental quality will be similar to that of any other minor development. Currently, the land has deep cuts due to erosion and lack of stabilization. It will be mitigated to some extent by the City policies for management of stormwater runoff. Other Comprehensive Plan policies are also relevant to consideration of the annexation request. 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. There are no enclaves created by annexation of the property. On the contrary, the annexation creates contiguity with the property to the north and west and creates a pattern of development for the property to the east, which is currently in the County. Policy CIS 201: Annexations Will Occur in Accordance with State Law Annexation of territory to the City will be in accordance with Section 30 (Right to Vote or Petition on Annexation) of Article II of the Colorado Constitution and the Municipal Annexation Act of 1965 (C.R.S. Sec , as amended). 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. All regulations of the State of Colorado have been and will continue to be followed in the review of this annexation request. Documentation and public notice requirements have been adhered to. The required Annexation Impact Report was filed with the El Paso County Board of Commissioners. Section of City Subdivision Code provides additional criteria. The area proposed to be annexed must be a logical extension of the City s boundaries. This is in agreement with the Annexation Plan. Most of the other criteria describe utility availability and extension. These provisions are also met or will be with the construction of the project. Annexation Agreement The draft annexation agreement is included as FIGURE 19. Very few details remain to be resolved and it is subject to review, clarification and revision by the City Council and the applicant. It follows the standard City format but adds many provisions to make it consistent with these Comprehensive Plan elements: Strategy T 101a: Identify Long-term Needs Identify the major facilities and rights-of-way needed to meet the long-term needs of the City and region. Strategy T 102e: Infrastructure and Service Provision Provide all transportation facilities and services within a reasonable time frame of development. Strategy T 102f: Right-of-way Reservation and Dedication Require advance right-of-way reservation and dedication for transportation and utilities facilities through the land development process.

6 Page 190 Impact Fees: Charges that are assessed on new development to help pay for the capital facilities needed by new development. Impact fees are based upon a standard formula and predetermined fee schedule. Essentially, impact fees require that each new residential or commercial project pay its prorata share of the cost of new facilities required to serve that development. Policy CIS 101: Coordinate New Development with Long Range Infrastructure and Service Plans. Ensure that new development occurs in a manner consistent with the Strategic Network of Long Range Plans identifying infrastructure and service needs for public works, parks, police and fire services. Policy CIS 103: New Development Will Pay its Fair Share of the Cost of Additional Infrastructure and Services Ensure that new development pays its proportional fair share of the costs of new infrastructure and services required to serve the new development. Strategy CIS 103a: Determine Costs of New Infrastructure and Services Determine the proportional fair share of the costs for new infrastructure and services required for new development. Strategy CIS 103b: Assess Impact Fees on New Development Develop and charge impact fees to new development. Impact fees will be based upon a standard formula that requires each new development project to pay the calculated share of the cost of the new infrastructure and facilities. Strategy CIS 103c: Utilize the Strategic Network of Long-range Plans for Ongoing Requirements Funding mechanisms developed through strategic planning efforts will support maintenance and service requirements for existing and new infrastructure. Changes to the standard annexation agreement have been made in order to meet the goals listed above. Essentially, the intent is to make new development pay for itself to the extent possible. As usual, the developers are responsible for providing the entire infrastructure required to improve their property. In this fiscally restrained economic climate, the developers are also being required to provide many of the infrastructure needs that were formerly provided by the City. The City s capital improvement budget is no longer able to accommodate the need for new community facilities in a timely manner. To meet the goals above, the annexation agreement has been crafted to provide for the following items: The applicant will make the road improvements, right-of-way dedication and financial contributions for offsite road impacts as discussed in the transportation section above. The applicant will contribute financially toward the construction of a new fire station in the Northgate master plan. This financial contribution is in compliance with the language of the earlier Northgate annexation agreement. The annexation agreement is the result of many meetings and discussion within the City administration and negotiations with the applicant. Staff believes that it meets the goals of providing for associated infrastructure needs in a fiscally responsible manner while giving the applicant adequate assurance that the property can be developed according to their plans. Staff recommends approval of the annexation. ZONE CHANGE ZONE CHANGE REVIEW CRITERIA B Northgate Estates is currently zoned RR-3 (Rural Residential District) by El Paso County. City Code requires a property to be zoned in conjunction with annexation. The applicant is currently asking for establishment of two zones; an R1-6000/cr (Single Family Residential with condition of record) zone district for the 74 single-family lots and an OC/cr (Office Complex with condition of record) zone district for the office buildings located along North Gate Boulevard. Staff believes that the two properties, although different uses, are in compliance with the review criteria for a zone change.

7 Page 191 The criteria for approval of a zone change are as follows: 1. The action will not be detrimental to the public interest, health, safety, convenience or general welfare. Staff finds the zone change proposal will not be detrimental to the public interest or existing neighborhood. 2. The proposal is consistent with the goals and policies of the City Comprehensive Plan. Staff finds the proposal conforms to the goals and policies of the City Comprehensive Plan. Policy LUM 202: Utilize the General Residential designation for the vast majority of existing and future residential areas. This designation includes a wide variety of residential uses, as well as uses that serve and support individual neighborhoods. Strategy LUM 202c: Include supporting uses as neighborhood centers with pedestrian-oriented, low-impact shops and services, parks and recreation areas, religious institutions, and schools. 3. The proposal is consistent with the master plan for the area, in which the parcel is located, unless the master plan is deemed implemented. A Master Plan has not been approved for this property. CONCEPT PLAN CONCEPT PLAN REVIEW CRITERIA C The Northgate Estates Concept Plan shows six (6) office buildings, with associated parking, setbacks and accesses and a retention basin within Tract C. A concept plan shall be reviewed using the criteria listed below: 1. Will the proposed development have a detrimental effect upon the general health, welfare and safety or convenience of persons residing or working in the neighborhood of the proposed development? Staff finds that, with the changes proposed in the Technical and Informational Modifications to the Concept Plan, this proposal complies with the above-mentioned criteria. 2. Will the proposed density, types of land uses and range of square footages permit adequate light and air both on and off the site? Staff finds that the layout of the buildings provides adequate light and air on and off the site. 3. Are permitted uses, bulk requirements and required landscaping appropriate to the type of development, the neighborhood and the community? Staff finds that the uses permitted in the proposed zones are compatible and appropriate to the area. The six buildings will be a maximum of 6,054 square feet divided equally between the two stories and a maximum of 30 in height. The property totals 3.38 acres and is situated along North Gate Boulevard. A 15 landscape buffer will buffer the residential properties to the north and west. 4. Are the proposed ingress/egress points, traffic circulation, parking areas, loading and service areas and pedestrian areas designated to promote safety, convenience and ease of traffic flow and pedestrian movement both on and off the site? With the changes proposed in the Technical and Informational Modifications to the Concept Plan, staff finds that this proposal complies with the above-mentioned criteria. Pedestrians will be provided with a safe and convenient movement through the property on sidewalks, striped walkways through the parking drive aisles and raised landscaped islands. More detail will be provided with the submittal of the development plan at a later date. 5. Will the proposed development overburden the capacities of existing streets, utilities, parks, schools and other public facilities? The development s approval will be based on proving that it not overburden public facilities. The Traffic Impact Report suggests certain traffic counts that are compatible with the neighboring streets and utilities. Utilities comments indicated sufficient access and capacity to facilities for this development. The Parks Department commented that fees will be required at platting in lieu of land dedication and the School District will also require fees in lieu of land dedication.

8 Page Does the proposed development promote the stabilization and preservation of the existing properties in adjacent areas and surrounding residential neighborhoods? The development s consistency with the Comprehensive Plan promotes the stabilization of the adjacent areas. The office development will add an employment center and a buffer for the existing residential units to the north and west, within Northgate Highlands Subdivision. 7. Does the concept plan show how any potentially detrimental use to use relationships (e.g. commercial use adjacent to single-family homes) will be mitigated? Does the development provide a gradual transition between uses of differing intensities? At Development Plan stage, the use to use mitigation will be addressed in detail. Currently the 25 setback and a 15 landscape buffer are proposed and will provide buffering and mitigation. 8. Is the proposed concept plan in conformance with all requirements of this Zoning Code, the Subdivision Code and all applicable elements of the Comprehensive Plan? Staff finds that the concept plan is in conformance with these requirements. Technical and Informational Modifications to the Concept Plan: 1. Please label North Gate Boulevard as a Principal Arterial. 2. Ensure internal sidewalks connect to public sidewalks to include handicap ramps. 3. A right-decel lane shall be constructed as part of this development. Please show the decel lane on the plan and provide plan and profile prior to building permit approval. 4. Please show a 55 right-of-way for Northgate Estates Drive and label as a Industrial/Collector. PRELIMINARY PLAT Since the review criteria for the Preliminary Plat is virtually identical to the Final Plat, this will be addressed within the Final Plat review below. SUBDIVISION PLAT REVIEW CRITERIA: In accordance with City Subdivision Code Chapter 7, Article 7, Section 102 of the City Subdivision Code Chapter 7, a subdivision plat shall be reviewed using the standards found in said section. Specifically, to promote the health, safety, convenience, and general welfare of the citizens of the City; to set forth appropriate standards for subdivision design; to set forth appropriate standards for utilities and services; to assure the provision of adequate and safe circulation; to assure adequate public facilities can be provided; and that the development conforms to the goals and policies of City Comprehensive Plan. It is the finding of the Planning Staff that the Preliminary Plat for Northgate Estates will be in substantial compliance with the standards found in City Subdivision Code Chapter 7, Article 7, and Section 102 if modified as follows: Technical and Informational Modifications to the Preliminary Plat for Northgate Estates: 1. The knuckles for the residential streets need to be shown with the 65 centerline radius and a 25 minimum setback for the lot inside radius to maintain safe line of sights. 2. Ensure sidewalks are included along all roads. 3. Please label North Gate Boulevard as a Principal Arterial. 4. Please show existing structures and whether they will remain or be removed. 5. Please indicate face of curb to face of curb dimensions for all roadways on your plans. 6. Please show a 55 right-of-way for Northgate Estates Drive and label as an Industrial/Collector. 7. Confirm with Enumerations acceptable street names. Ten (10) plan check copies of Preliminary Plat for Northgate Estates shall be submitted to the Planning Department prior to final approval.

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