ANNEXATION PLAN Fountain, Colorado

Transcription

1 City of Fountain ANNEXATION PLAN ADOPTED: NOVEMBER 13,, 2007

2 ANNEXATION PLAN Fountain, Colorado Prepared for CITY OF FOUNTAIN, COLORADO Prepared by Community Matters, Inc. Littleton, Colorado (303) Adopted vember 13, 2007

3 1 SUMMARY: The purpose of this is threefold. 1. To identify enclaves within the City of Fountain that should be annexed by the City to ensure that police, fire, EMS and other services can be provided in a timely fashion. 2. To identify and prioritize properties, within the City s designated Urban Services area, which are contiguous to the City and can easily be served with at least three City-provided urban levels of service [water; City electric, storm drainage, police; fire, or emergency medical services]. 3. To identify priorities within the City s Urban Growth Area that may be of fiscal benefit to the City and that ensure a logical and sequential extension of the City s boundary. By adopting this Plan, the City of Fountain advocates entering into an Intergovernmental Agreement with El Paso County to ensure the most efficient delivery of services to lands within three [3] miles of the City of Fountain s municipal boundaries. Fountain vember 2007 Community Matters, Inc.

4 2 TABLE OF CONTENTS Legislative Authority...page 3 The City of Fountain s Policies on Annexations...page 6 Lands Eligible for Annexation...page 11 Summary of City of Fountain Annexation Priorities...page 14 El Paso County Policy Plan: Policies Relating to Annexation...page 15 Appendix...page 16 Fountain vember 2007 Community Matters, Inc.

5 3 LEGISLATIVE AUTHORITY Annexation is the legal process by which a city adds land to its jurisdiction. Most annexations are voluntary. The City s authority to annex land is established by Section 30 of Article II of the Colorado Constitution and the Colorado Revised Statues (C.R.S et. Seq.). The Annexation Law section of the Colorado Revised Statutes sets out the legal requirements and procedures which municipalities must follow in order to annex territory. Unlike the Comprehensive Development Plan, this plan contains statements that must be completed since it is required by Statute or is a firm policy of the City. ELIGIBILITY There are essentially two types of annexation: The annexation of enclaves: Property within the unincorporated portion of the county totally surrounded by land within the City of Fountain is considered an enclave. Enclaves create confusion regarding jurisdictional controls, timeliness in responding to calls and who can most efficiently provide police, fire, water, sewer and other basic services. For this reason, the Colorado legislature encourages cityinitiated annexation of enclaves. Extra-territorial annexation: Land with not less than one-sixth of the perimeter contiguous with the annexing municipality can be annexed into a municipality under Colorado law. Contiguity shall not be affected by the existence of a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, public lands, whether owned by the state, the United States, or an agency thereof, except county-owned open space, or a lake, reservoir, stream, or other natural or artificial waterway between the annexing municipality and the land proposed to be annexed. Extraterritorial annexation requires a finding of community interest between the annexing municipality and the property to be annexed. Generally this is a finding that the area to be annexed requires urban levels of service. Section (1) (b) of the Colorado Revised Statutes presents the criteria for compliance: The Three Mile Plan; and An Annexation Impact Report for any land over ten (10) acres in size. Fountain vember 2007 Community Matters, Inc.

6 4 THREE MILE PLAN The State of Colorado requires that there be a plan in place prior to the completion of any annexation within a three mile area. This required plan is a document that generally describes the proposed location, character and extent of land use, public facilities and public utilities within this designated planning area. The City of Fountain s Annexation Plan is intended to meet the Colorado Revised Statutes requirement for a three mile plan. The detailed requirements for the plan in place [Section (1) (e) C.R.S.] are noted below. 1 Figure 1: Urban Services, Growth Area and Three Mile Boundaries represents the required three mile plan. ANNEXATION IMPACT REPORT A municipality must prepare an impact report concerning the proposed annexation at least twenty-five days before the date of the hearing established pursuant to section and shall file one copy with the Board of County Commissioners governing the area proposed to be annexed within five days thereafter. Most Colorado municipalities ask the petitioner to prepare the report, which is then reviewed and modified as necessary by City staff or a representative of the City. An impact report need not be prepared for an area less than ten acres or if the Board of County Commissioners and the City Council agree, the report may be waived. State statute requires that at a minimum the report must include: A map or maps of the municipality and adjacent territory to show the following information: The present and proposed boundaries of the municipality in the vicinity of the proposed annexation; The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and The existing and proposed land use pattern in the areas to be annexed; A copy of any draft or final pre-annexation agreement, if available; A statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation; 1 CRS (1) (e) (I) Except as otherwise provided in this paragraph (e), no annexation may take place that would have the effect of extending a municipal boundary more than three miles in any direction from any point of such municipal boundary in any one year. Within said three-mile area, the contiguity required by section (1) (a) may be achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Prior to completion of any annexation within the three-mile area, the municipality shall have in place a plan for that area that generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the municipality and the proposed land uses for the area. Such plan shall be updated at least once annually. Such three-mile limit may be exceeded if such limit would have the effect of dividing a parcel of property held in identical ownership if at least fifty percent of the property is within the three-mile limit. In such event, the entire property held in identical ownership may be annexed in any one year without regard to such mileage limitation. Such three-mile limit may also be exceeded for the annexation of an enterprise zone. Fountain vember 2007 Community Matters, Inc.

7 5 A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed; A statement identifying existing districts within the area to be annexed; and A statement on the effect of annexation upon local-public school district systems, including the estimated number of students generated and the capital construction required to educate such students. In addition to the above information, the City of Fountain may require the following information from the petitioner: A statement of the petitioner s plan to finance the extension of necessary municipal services; An estimate of the level of demand the annexation will place on City services; A land use master plan consistent with the requirements for the annexation impact report required by the Colorado Revised Statutes; Evidence that the development plan complies with the City s adopted Three Mile Street Plan; A description of existing roads that border the property; An indication of where the primary access to the site will be located and the intended road classification of such access; Location of proposed major road corridors nearby as described in the City s Traffic Master Plan; Traffic Impact Analysis including determination if additional ROW is required; Location of existing wetlands or jurisdictional waters on or next to the property; and Master drainage plan including an indication of where existing stormwater enters and leaves the site. Fountain vember 2007 Community Matters, Inc.

8 6 THE CITY OF FOUNTAIN S POLICIES ON ANNEXATIONS POLICY # 1: THE CITY OF FOUNTAIN WILL FOCUS ON FOUR TYPES OF ANNEXATIONS 1. City Initiated Enclaves: When an unincorporated area is entirely contained within the boundaries of the municipality, the City Council may annex that area to the municipality without the consent of the property owners if the area has been surrounded for a period of not less than three years. The City of Fountain should initiate the annexation of enclaves which meet this criteria in cases where it will improve the delivery of services to City residents and the property owners of the identified enclave. 2. Voluntary Annexation: A voluntary annexation is the most common type of annexation and requires the land owner(s), exclusive of platted streets and alleys, to petition the municipality to request annexation into the City. Persons comprising more than fifty percent [50%] of the land owners in the area described in the petition for annexation and owning more than fifty percent [50%] of the area, excluding platted public streets and alleys, must sign the petition. The petition is filed with the City Clerk and the process of determining compliance with the Colorado Revised Statutes begins and eligibility for annexation is established by the City Council. The City of Fountain prefers voluntary annexations with 100% of the property owners signing the petition. 3. Petition for Annexation Election: Rather than a petition signed by more than fifty percent [50%] of the land owners in the area described in the petition for annexation and owning more than fifty percent [50%] of the area as specified in the above paragraph, a petition for annexation by election can be submitted. The petition must be signed by at least seventy-five qualified electors or ten percent [10%] of said electors, whichever is less, if such area is located in a county of more than twenty-five thousand inhabitants, as is the case for El Paso County. If the city determines that an annexation election meets statutory requirements, an election shall be called. The municipality petitions the district court to hold the election. If the majority of votes cast are for annexation, the court shall decree that the parcels may be annexed to the municipality. 4. Municipal-owned Land: If the City of Fountain is the sole owner of the land it desires to annex and the area meets the contiguity requirements of the Colorado Revised Statutes, the City at any time may annex the area to the municipality. The entire area cannot consist solely of a public street or right-of-way. POLICY # 2: PRIORITY WILL BE GIVEN TO PROPERTY OWNERS SEEKING ANNEXATION WITHIN THE URBAN SERVICES AREA. Lands within the defined Urban Services Area, shown on Figure 2, are of higher priority than those within the Urban Growth Area Boundary. These are defined as areas that can currently be served with at least three urban services. Fountain vember 2007 Community Matters, Inc.

9 7 POLICY # 3: THE CITY DISCOURAGES THE ANNEXATION OF LAND OUTSIDE OF THE URBAN GROWTH AREA BUT WITHIN THE THREE [3] MILE AREA SHOWN ON FIGURE 1. Under Colorado State Statute, any land area within the designated statutorily defined three-mile area is eligible for annexation. Such annexation may be necessary to prevent undesirable yet conceptually approved development from occurring within El Paso County. However, unless the following three benefits can be demonstrated, the City strongly discourages petitions for the annexation of lands outside of the defined Urban Growth Area Boundary but within three miles of the current City boundary: The City finds that there is an immediate and substantial fiscal benefit to the City of Fountain; The City finds that annexation of the subject land allows the City to more efficiently provide needed infrastructure to the current residents and that this opportunity was not present when the Urban Growth Area Boundary was determined; and The annexation is necessary to prevent undesirable yet conceptually approved development from occurring within El Paso County. POLICY # 4: ANNEXATIONS MUST BE OF BENEFIT TO THE CITY AND MUST OCCUR IN A MANNER THAT ENSURES A LOGICAL AND SEQUENTIAL EXTENSION OF THE CITY S BOUNDARY AS STATED IN THE ADOPTED COMPREHENSIVE DEVELOPMENT PLAN. As outlined in CRS , finding of benefit includes an analysis of the following factors: 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 City s Water System Master Plan; 2006; Water Resource Study; 2004; and Water Conservation Plan; 2001; Improved stormwater management including stormwater quality controls; Improved 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. Fountain vember 2007 Community Matters, Inc.

10 8 POLICY # 5: ANNEXATION OF ANY LAND PARCEL MUST ALSO MEET THE FOLLOWING ANNEXATION CRITERIA. All land designated within the officially recognized Urban Growth Area will be considered property that can be annexed into the City of Fountain, if the petitioner can demonstrate a net fiscal benefit to the City and current Fountain taxpayers. Voluntary annexations should include a variety of land uses that conform to the recommended overall land use patterns contained in the Fountain Comprehensive Development Plan. This Plan was developed in full cooperation with the El Paso County Development Services Department and follows adopted County policies with respect to annexation of land. Due to the need to increase the percentage of non-residential land uses, particularly those that provide either local jobs or sales tax revenues, first priority shall be granted to annexation requests that provide greater fiscal stability to the City of Fountain. Second priority shall be given to mixed-use projects that provide a non-residential component(s) and diversify the type of housing found in Fountain. Annexation requests that include land within flood prone areas will not be able to construct improvements within such areas. All voluntary annexation requests are subject to negotiation with the City. In addition to documented fiscal benefit to the City, the City may require: Public land dedication requirements to ensure that adequate open space, park land, and public facility sites (schools, police, fire and maintenance) are secured; Street dedication in compliance with the adopted Three Mile Street Plan; Any necessary improvements required by CDOT or other off-site roads required to be constructed or improved as a result of the development of the Property pursuant to the development plan; Obtaining a discharge permit under the Clean Water Act (33 U.S.C. Sections 1251, et seq.) or any other discharge permit required by a federal, state or local governmental agency; and The City may also entertain vesting the annexed property for greater than three years in exchange for considerations including a real estate transfer assessment; formation of General Improvement District with a portion of proceeds to the City for public improvements; water rights; early construction of sales tax producing development; or other considerations that are a benefit to the City. IN CONSULTATION WITH CITY STAFF, THE PETITIONER MUST DEMONSTRATE THAT THE SUBJECT LANDS CAN BE SERVED AND SHALL CONTRIBUTE THEIR PROPORTIONAL SHARE OF THE COST TO EXTEND SUCH SERVICES. POLICY # 6: A thorough evaluation of the costs and benefits of servicing the new area should be undertaken prior to the approval of an annexation. At minimum, the following capacity analysis should be performed: Public Wastewater and Stormwater Line Capacity Public Wastewater Treatment Capacity Fountain vember 2007 Community Matters, Inc.

11 9 Public Raw Water Capacity Public Water Treatment Capacity Public Water Line Capacity Minimum Water Pressure te that strict adherence to the fiscal evaluation of impact on services is not the only consideration. Other servicerelated factors include the provision of service to areas currently without basic services or requiring portions of the county where service is being provided to pay for those services by annexing them into the City. POLICY # 7: ALL VOLUNTARY ANNEXATIONS SHOULD ENTER INTO AN ANNEXATION AGREEMENT WITH THE CITY OF FOUNTAIN. The required annexation agreement defines the responsibilities and obligations between the City and the petitioner and at a minimum outlines responsibilities for utility extensions, construction of public facilities, road construction, land dedication, and construction of off-site public facilities. A municipality is under no legal obligation in the first instance to annex contiguous territory, and may reject a petition for annexation for no reason at all. It follows then that if the municipality elects to accept such territory solely as a matter of its discretion, it may impose such conditions by way of agreement as it sees fit. If the party seeking annexation does not wish to annex under the conditions imposed, he is free to withdraw his petition to annex and remain without the city. Annexation can take place only when the minds of the city and the owners on the land contiguous to the city agree that the property shall be annexed and upon the terms upon which such annexation can be accomplished. Colorado Supreme Court in City of Colorado Springs v. Kittyhawk Development Co., 154 Colo. 535, 392 P.2d 467 (1964) The City of Fountain s adopted Comprehensive Development Plan states that new development will not place any excessive fiscal burden on existing taxpayers. Almost all annexation agreements with the City of Fountain include negotiated exactions. Negotiated exactions have and may include: Construction of off-site infrastructure; Over sizing of on-site infrastructure; Land dedication for: Public safety facilities, major utility transmission and distribution systems, and park sites; Annual cash payments to the City General Fund to offset personnel and operating expenses incurred in providing municipal services. The City and the annexation petitioner are bound by the terms of the annexation agreement unless both parties agree to modify the terms of the document. te that an owner of a parcel is not required to complete an annexation agreement if the owner s parcel does not exceed five [5] acres and contains the owner s home. Fountain vember 2007 Community Matters, Inc.

12 10 POLICY # 8: THE CITY PLACES A HIGH PRIORITY ON THE ANNEXATION OF ENCLAVES THAT REQUIRE ESSENTIAL SERVICES SUCH AS POLICE AND FIRE. Lands that are shown in green on Figure 7 are high priority. Many of these enclave parcels will need to annex into the City of Fountain if they are to develop. The remaining parcels within this designation are of high priority due to continued jurisdictional confusion regarding who is to provide fire and police protection. This designation is based on El Paso County s conclusion that in the interest of the community s health, safety, and welfare the occupants of these lands should have access to essential services such as fire, police and medical. ALL PROPERTIES TO BE ANNEXED INTO THE CITY OF FOUNTAIN SHALL BE REQUIRED TO JOIN THE GENERAL IMPROVEMENT DISTRICT UNLESS OTHERWISE EXEMPTED. POLICY # 9: The City of Fountain has established a General Improvement District (GID) to address regional public transportation, life safety, parks and cultural improvement needs. It is the policy of the City of Fountain that substantially all properties annexed into the City will be included within the GID to the extent permitted by law. Unless required by the City to join the GID, parcels exempt from this requirement are: (1) enclaves surrounded by the corporate limits of the City as defined under the Municipal Annexation Act of 1965, Part 1 of Article 12 of Title 31, C.R.S., (the Annexation Act ) in existence upon the effective date of establishment of the GID ( October 8, 2007 and as identified in this on Figure 6), (2) an enclave subject to the provisions of C.R.S (5), for which a petition for annexation or a petition for annexation election has been filed with the City, (3) property upon which not more than one residence has been or may be constructed, (4) the annexation of property which is accomplished by filing a petition for annexation signed by less than one hundred per cent of the property owners, provided at least eighty percent of the area proposed for annexation as determined from the public records of the El Paso County Assessor s Office or other public records, exclusive of streets, alleys and public rights-of way, included in the annexation petition includes properties upon which there exists upon each property residential, commercial, or industrial structures, or (5) the annexation of properties which is accomplished by filing a petition for an annexation election and an affirmative vote of the property owners provided at least eighty percent of the total area proposed for annexation as determined from the public records of the El Paso County Assessor s Office or other public records, exclusive of streets, alleys and public rights-of way, included in the annexation petition includes properties upon which there exists upon each property residential, commercial, or industrial structures. Fountain vember 2007 Community Matters, Inc.

13 11 LANDS ELIGIBLE FOR ANNEXATION There are 6,760 individual land parcels eligible for extra-territorial annexation and 124 parcels that are considered enclaves. These land parcels are categorized by type, size and location relative to the defined boundaries. LANDS ELIGIBLE FOR ANNEXATION AREA Under 10 Acres in Size Over 10 Acres in Size TOTAL Number Acres Number Acres Number Acres Within Urban Growth Area but outside of Urban Services Area and City Limits Within Urban Services Area but outside of City Limits 6,493 2, , ,591 26, ,132.1 Total Extra-territorial 6,640 2, , ,760 29,228.9 Enclaves VOLUNTARY ANNEXATIONS: Revised: The City of Fountain has identified and prioritized the following land areas (see Figure 3) as potential areas for voluntary extra-territorial annexation within the defined Urban Services Area. Voluntary annexations are ranked as follows. This ranking system is identical to the system Colorado Springs uses to prioritize properties for annexation. Priority Areas Recommended for Annexation Urban Services Area Land that falls within the defined Urban Services Area and is likely to develop at an intensity that requires urban services and has City services within close proximity falls in this category. If urban development is to occur it should be under the jurisdiction of the City of Fountain and served by the City. Services can be provided in a logical and cost effective manner. Reference Figure 3. Priority Areas Recommended for Annexation Urban Growth Area These are land parcels that are not within the defined Urban Services Area but are within the Urban Growth Area Boundary. Urban level services could be extended and urban development is appropriate. If development were to occur on these parcels the City would entertain annexing the property into the City if the established criteria can be met. Reference Figure 5. n-priority Areas Eligible for Annexation Urban Growth Area Although provision of urban level services is not contemplated for the next 10 to 15 years, portions of these land areas are eligible for voluntary annexation subject to the policies noted in this Plan. The annexation petitioner would need to demonstrate that annexation is in the best interest of the City and that adequate services can be provided without decreasing the levels of service provided to properties currently within the City limits. Reference Figure 5. Fountain vember 2007 Community Matters, Inc.

14 12 ANNEXATION OF ENCLAVES There are two types of enclaves that have been identified and prioritized- Priority 1 Enclaves that need immediate attention and Priority 2 Enclaves that can be deferred until after the Priority 1 Enclaves have been successfully annexed into the City. [See Figure 7] Prior to the initiation of annexation of any enclave, all criteria and requirements of the Colorado Revised Statutes must be satisfied. The description of each of type of enclave follows. Priority 1 Enclaves The parcels that are identified for immediate action include those parcels which have or have the potential of creating 1) jurisdictional confusion regarding who provides service; 2) incompatible land uses; and 3) additional burden on the City s infrastructure without compensation. For example, there have been instances, particularly along the US 85 corridor, where confusion over jurisdictional boundaries has led to confusion among the El Paso County Sheriff s Office, City of Fountain Police Department, City of Fountain Fire Department and Security Fire District as to whom should respond to a dispatched call. This confusion can result in delayed response times and jeopardize public safety, health and welfare. There is also jurisdictional confusion relating to enforcement of law and codes between the City and County. These areas are also prone to development since urban level service is readily available, if not already being provided. If the properties were to develop in the County, the City would not be able to enforce or adequately address land use matters, mitigate incompatible land uses or address impacts on City infrastructure. Annexation of these immediate action parcels will ensure that the property owners receive the cost effective and efficient services. Priority 2 Enclaves These properties were not identified for immediate action as Priority 1 Enclaves for one reason. Most properties under this classification do not currently have urban level services and urban level services may not be readily available; therefore, these parcels can not easily develop in an urban fashion in the County. The parcel must be annexed into the City should an urban type development be proposed. However, these parcels do not have fire protection and, like the Priority 1 Enclaves, they still create jurisdictional confusion among the public safety providers. As such, these enclave parcels are critical for incorporation into the City and should be annexed soon after the completion of the annexation of the Priority 1 Enclaves. AREAS OF SPECIAL CONSIDERATION There are two properties that are identified on Figure 9 as Areas of Special Consideration. Both of these properties are currently within the City of Fountain s corporate limits but have no connectivity to the existing City limits. These areas may be considered for de-annexation in the future based on a collaborative analysis between the property owner(s) and the City of Fountain. The property on the northern border of the City and directly adjacent to the City of Colorado Springs does not receive any urban levels of service from the City with the exception of police and fire. The property owner(s) has expressed a desire to be served by the City of Fountain municipal water system rather than special water districts. However, the provision of services may be more efficiently delivered by the City of Colorado Springs or other existing public utility providers and special districts because of the proximity of the property to these entities. The nearest police station is over five [5] miles from this area and the parcel is approximately two and a half [2.5 miles] from the nearest City fire station located on. Fountain vember 2007 Community Matters, Inc.

15 13 The Pikes Peak International Raceway was annexed into the City in 1987 when the City believed it could benefit from a substantial increase in sales tax revenue and was thus willing to work with the raceway to provide emergency services related to health, safety and welfare. There is no centralized water available in the area at this time. If the land were to develop, police and fire response times would not be adequate since these parcels are at least six [6] miles from the nearest police and fire stations and over three [3] miles from the southern most boundary of the City. Poor response times from the Fountain Fire Department to these areas can affect the City s Insurance Services Organization s (ISO) Rating. The process of potentially de-annexing these lands from the City is a collaborative process between the land owner and City of Fountain. action is necessary until such time as the land owner decides to further develop the property. Designation of these parcels as lands that could potentially be de-annexed are depicted on Figure 9 as a courtesy to anyone wishing to develop these parcels. This is an indication to any one wishing to develop these properties that the City of Fountain finds that the properties do not currently meet the policies contained in this annexation plan and that the current or intended land use reflected in the City s adopted Comprehensive Plan, suggest it may not be cost effective for the City to provide basic municipal services to this area. At such time that the properties are slated for development and the City finds that sales tax generating or job-creating land uses will off-set the negative fiscal impacts of providing municipal services to these parcels, the City should consider keeping such lands within the City Fountain. Fountain vember 2007 Community Matters, Inc.

16 14 SUMMARY OF CITY OF FOUNTAIN ANNEXATION PRIORITIES The annexation priorities represent those land parcels that address stated principles and policies in the City s adopted Comprehensive Development Plan. The prioritization of land that the City wishes to annex also serves to implement the annexation policies contained in this Plan and are consistent with the policies adopted by both El Paso County and the City of Colorado Springs. Priority # 1- Annexation of Enclaves: There are a total of 124 enclaves within the City of Fountain. Community Matters, Inc. held extensive meetings with City staff to review the characteristics of each parcel. Each enclave was analyzed based on a) current and available urban level services; b) current public safety provisions (fire, police, EMS); c) current zoning in El Paso County; and d) recommended land use classification in the adopted Fountain Comprehensive Development Plan. The number of parcels and land owners for each enclave was based on El Paso County Assessor records. Priority # 2- The Fountain Urban Services Area: There are a total of 147 land parcels that are within the Urban Services Area and contiguous to the City. The City encourages voluntary annexation of these lands. Priority parcels are shown on shown on Figure 3. Priority # 3 -The Fountain Urban Growth Area: There are a total of 6,493 land parcels outside of the Urban Services Area but within the Urban Growth Area that have been identified as candidates for potential annexation into the City of Fountain. Priority parcels are shown on Figure 5. Fountain vember 2007 Community Matters, Inc.

17 15 EL PASO COUNTY POLICY PLAN: POLICIES RELATING TO ANNEXATION The Fountain was developed based on adopted County policies. As stated in the County Policy Plan: ISSUE 6.6 Promote Intergovernmental Land Use Cooperation The land use policies and programs of the unincorporated County are integrally related with those of its municipalities. The following goal and policies are included here as a reference for Fountain s elected and appointed officials, staff and interested citizens. GOAL 6.6 Encourage cooperative intergovernmental land use planning and coordination among the County, its municipalities and other governmental entities. Policy Support the municipal annexation of enclaves and other developed urban density areas, unless these areas are currently being provided with both adequate and cost-effective facilities and services. Policy Encourage municipalities to undertake complete or at least phased annexations of enclaves and other largely surrounded areas in order to avoid the problems associated with piecemeal annexations. Alternately, the costeffectiveness of annexing remaining enclaves should be considered within the context of the overall area. Policy Encourage municipalities to utilize annexation policies which have the effect of either avoiding or remedying the service and public safety problems associated with irregular city boundaries. Policy Encourage municipalities to use appropriate flexibility in applying development standards and allocating cost in conjunction with annexation of fully or partially developed areas. Policy Support the adoption of intergovernmental policies which address land use issues of mutual concern (including development timing, phasing, location and standards) in agreed-upon City/County Cooperative Planning Areas. Policy Consider the development of cooperative building, zoning and infrastructure standards in areas that interface with municipalities and military properties. Fountain vember 2007 Community Matters, Inc.

18 16 APPENDIX Figure 1: Figure 2: Figure 3: Figure 4: Figure 5: Figure 6: Figure 7: Figure 8; Figure 9: Urban Services, Growth Area and Three Mile Boundaries Land Eligible for Annexation within the Urban Services Area Priority Designations for Voluntary Annexations Land Eligible for Annexation in the Urban Growth Area Priority Annexations within the Urban Growth Area Enclaves in the City of Fountain Priority Enclaves for Annexation Composite Eligibility Map Composite Priority Designation Enclave Area Maps: Areas 1-16 Fountain vember 2007 Community Matters, Inc.

19 Fountain City Limits Fort Carson Urban Growth Boundary 0 4,000 8,000 City of Colorado Springs Figure 1: 12,000 Feet 16,000 Map for informational purpose only. legal use intended. Urban Services, Growth Area and Three Mile Boundaries Document Path: Y:\ArcMap_mxd\Nicole_B\2017\Planning\urban_services_boundary1.mxd Three Mile Line Date: 9/21/2017 Urban Services

20 Grinnell Street Santa Fe Ave. Main Street Old Pueblo Road Powers Boulevard Old Pueblo Road REA Road Link Road Shumway Rd. Main Street Big Johnson Reservoir Southmoor Drive Mesa Ridge Parkway Marksheffeld Road "!16 Peaceful Valley Road Mesa Ridge Parkway Mesa Road C&S Rd. C&S Rd. Adopted Urban Services Area Boundary El Paso Street Squirrel Creek Road Kane Road Ermel Rd. Bandley Drive Illinois Ave. Link Road Bandley Drive (/ 85 Old Pueblo Road Charter Oak Ranch Road Adopted Urban Services Area Boundary Calhan Reservoir Figure 2: LAND ELIGIBLE for ANNEXATION within the URBAN SERVICES AREA Fountain City Limits Properties Under 10 Acres in Size City of Colorado Springs Properties Larger than 10 Acres in Size & N O R T H SCALE Each Section Line Represents an Area of Approximately One Square Mile vember, 2007

21 Grinnell Street Santa Fe Ave. Main Street Powers Boulevard REA Road Link Road Shumway Rd. t a Priority Main Street Big Johnson Reservoir Priority 3 Southmoor Drive "!16 Mesa Ridge Parkway t a Priority Marksheffeld Road Peaceful Valley Road Mesa Road Mesa Ridge Parkway Priority 3 C&S Rd. C&S Rd. Priority 1 El Paso Street Squirrel Creek Road PRIORITY DESIGNATIONS Priority Area Priority 3 Bandley Drive Illinois Ave. Kane Road Link Road Ermel Rd. t a Priority Area at This Time Bandley Drive (/ 85 Old Pueblo Road Charter Oak Ranch Road Priority 2 Old Pueblo Road Priority 2 Priority 2 PRIORITY Figure 3: DESIGNATIONS for VOLUNTARY ANNEXATIONS LAND ELIGIBLE for ANNEXATION within the URBAN SERVICES AREA Fountain City Limits Properties Under 10 Acres in Size One Square Mile December, 2007 City of Colorado Springs Old Pueblo Road Calhan Reservoir Properties Larger than 10 Acres in Size & N O R T H SCALE Each Section Line Represents an Area of Approximately

22 Grinnell Street Bandley Drive Bandley Drive Santa Fe Ave. El Paso Street Main Street Old Pueblo Road Powers Boulevard Old Pueblo Road REA Road Link Road Shumway Rd. Main Street Big Johnson Reservoir Adopted Urban Growth Area Boundary Southmoor Drive Mesa Ridge Parkway Marksheffeld Road "!16 Peaceful Valley Road Mesa Ridge Parkway Mesa Road C&S Rd. C&S Rd. Squirrel Creek Road Kane Road Ermel Rd. Illinois Ave. Link Road (/ 85 Old Pueblo Road Charter Oak Ranch Road Calhan Reservoir Adopted Urban Growth Area Boundary Figure 4: LAND ELIGIBLE FOR ANNEXATION in the URBAN GROWTH AREA Fountain City Limits City of Colorado Springs Urban Services Area Boundary & N O R T H SCALE Each Section Line Represents an Area of Approximately One Square Mile December, 2007 Urban Growth Area Boundary Properties Under 10 Acres in Size in the Urban Growth Area Properties Larger than 10 Acres in Size in the Urban Growth Area

23 Grinnell Street Bandley Drive Santa Fe Ave. Main Street Powers Boulevard REA Road Link Road Shumway Rd. Prioirity 7 Main Street t a Priority Big Johnson Reservoir Adopted Urban Growth Area Boundary Southmoor Drive t a Priority t a Priority Mesa Ridge Parkway Marksheffeld Road t a Priority "!16 Peaceful Valley Road Mesa Road Mesa Ridge Parkway Priority 2 C&S Rd. C&S Rd. Priority 2 Priority 5 PRIORITY DESIGNATIONS Priority Area t a Priority Area at This Time Bandley Drive El Paso Street Illinois Ave. Kane Road Link Road Squirrel Creek Road Ermel Rd. Priority 4 Priority 4 (/ 85 Old Pueblo Road Charter Oak Ranch Road Priority 3 B Old Pueblo Road Priority 6 Priority 3 C Priority 3 A Old Pueblo Road Priority 1 Calhan Reservoir Adopted Urban Growth Area Boundary t a Priority Figure 5: PRIORITY ANNEXATIONS in the URBAN GROWTH AREA Fountain City Limits City of Colorado Springs t a Priority t a Priority t a Priority & N O R T H SCALE Each Section Line Represents an Area of Approximately One Square Mile vember, 2007 Urban Services Area Boundary Urban Growth Area Boundary t a Priority Properties Under 10 Acres in Size in the Urban Growth Area Properties Larger than 10 Acres in Size in the Urban Growth Area

24 Grinnell Street Santa Fe Ave. Link Road 1 2 Southmoor Drive 3 "!16 Mesa Ridge Parkway Mesa Ridge Parkway 4 4 Mesa Road 5 5 C&S Rd. C&S Rd. 6 7 El Paso Street Kane Road Main Street Bandley Drive Illinois Ave REA Road Link Road Bandley Drive (/ 85 Old Pueblo Road Charter Oak Ranch Road Figure 6: ENCLAVES in the CITY OF FOUNTAIN Fountain City Limits City of Colorado Springs Enclaves (Numbers refer to the Enclave Area maps) NOTE: There are no Enclaves in the Southern portion of the City surrounding PPIR. & N O R T H SCALE Each Section Line Represents an Area of Approximately One Square Mile September, 2007

25 rinnell Street Santa Fe Ave. Link Road 1 2 Southmoor Drive 3 "!16 Mesa Ridge Parkway Mesa Ridge Parkway 4 4 Mesa Road 5 5 C&S Rd. C&S Rd. 6 7 El Paso Street Kane Road Main Street Bandley Drive Illinois Ave REA Road Link Road Bandley Drive (/ 85 Old Pueblo Road Charter Oak Ranch Road Figure 7: PRIORITY ENCLAVES for ANNEXATION Fountain City Limits City of Colorado Springs Priority 1 Priority 2 & N O R T H SCALE Each Section Line Represents an Area of Approximately One Square Mile vember, 2007

26 Grinnell Street Santa Fe Ave. Main Street Old Pueblo Road Powers Boulevard Old Pueblo Road REA Road Link Road Shumway Rd. Main Street Big Johnson Reservoir 1 2 Southmoor Drive "!16 3 Mesa Ridge Parkway Marksheffeld Road Peaceful Valley Road Mesa Road 5 5 Mesa Ridge Parkway 7 C&S Rd. C&S Rd. Bandley Drive Bandley Drive 8 El Paso Street Illinois Ave Kane Road Link Road Squirrel Creek Road Ermel Rd. Charter Oak Ranch Road (/ Old Pueblo Road Calhan Reservoir Figure 8: COMPOSITE ELIGIBILITY MAP Fountain City Limits City of Colorado Springs Enclaves Urban Services Area Boundary Properties Under 10 Acres in Size in the Uban Services Area Properties Larger than 10 Acres in Size in the Urban Services Area Urban Growth Area Boundary Properties Under 10 Acres in Size in the Urban Growth Area Properties Larger than 10 Acres in Size in the Urban Growth Area & N O R T H SCALE Each Section Line Represents an Area of Approximately One Square Mile December, 2007

27 Grinnell Street Santa Fe Ave. Main Street Powers Boulevard REA Road Link Road Shumway Rd. Prioirity 7 Main Street t a Priority Big Johnson Reservoir 1 2 Southmoor Drive "!16 t a Priority 3 t a Priority Mesa Ridge Parkway t a Priority Marksheffeld Road Peaceful Valley Road t a Priority Mesa Road 5 5 Mesa Ridge Parkway 7 C&S Rd. C&S Rd. Priority 2 Priority 2 Priority 5 Bandley Drive Bandley Drive 8 El Paso Street Illinois Ave Kane Road Link Road Squirrel Creek Road Ermel Rd. Priority 4 Priority 4 Charter Oak Ranch Road (/ Old Pueblo Road Priority 3 B Old Pueblo Road Priority 6 Priority 3 C Priority 3 A Old Pueblo Road Priority 1 Calhan Reservoir t a Priority Figure 9: COMPOSITE PRIORITY DESIGNATIONS Urban Services and Growth Management Areas Priority Area t a Priority t a Priority t a Priority & N O R T H SCALE Each Section Line Represents an Area of Approximately One Square Mile vember, 2007 Enclaves t a Priority Area at This Time Areas of Special Consideration Priority 1 t a Priority Priority 2

28 Existing Land Use Existing El Paso County Zoning Enclave Area # 1 Comprehensive Plan Recommendations POS Revised September, 2007 VC SO MF Southmoor Drive RR1 Southmoor Drive P Southmoor Drive Southm Southmoor D POS Southmoor Dri BP/PI Large Lot Residential Single Family Homes Duplex Housing Units Multi-family Housing Units Mobile/Manufactured Homes Commercial Office Light Industrial/Warehousing Manufacturing/Mining Schools Church Other Public Parks Open Space Agriculture Vacant ENCLAVE FACTS: Type of Annexation: Single Owner or Single Use Multiple Owner or Multiple Use City Owned Land Owned by Another Special District or Municipality Total Size of Enclave (acres): Number of Owners: Other: R3 Residential (5,000 sq. ft. MF) RR1 Rural Residential 0.5 acres RR3 Rural Residential 5 acres MHP Mobile Home Park PBC Planned Business Center PBP Planned Business Park PBD Planned Business C1 Commercial (Obsolete) C2 Commercial (Obsolete) R4 Planned Development (Obsolete) PUD Planned Urban Development PHID Planned Heavy Industrial M Industrial (Obsolete) A1 Agriculture NAP t A Part (County Shows as in City, City Shows in County) BACKGROUND INFORMATION Yes Yes - Security Sanitation District LL Large Lot Residential SFD Single Family Residential MH Manufactured Homes MHC Manufactured Home Communities MF Multi-family Residential MR Mixed Residential HD Historic Downtown CMU Central Mixed Use RC Regional Commercial Centers VC Village Commercial NC Neighborhood Commercial SO Small Office BP/PI Business Park/Planned Industrial P Public A/H Agriculture/Holding POS Park/Open Space

29 Fontane Blvd. R4 Fontane Blvd. VC F Fontane Blvd. Enclave Area # 2 Revised September, 2007 Existing Land Use Existing El Paso County Zoning Comprehensive Plan Recommendations e Southmoor Drive State Highway 85 Southmoor Drive RR1 State Highway 85 R4 RR1 POS Southmoor Drive SO P State Highway 85 SFD SO Large Lot Residential Single Family Homes Duplex Housing Units Multi-family Housing Units Mobile/Manufactured Homes Commercial Office Light Industrial/Warehousing Manufacturing/Mining Schools Church Other Public Parks Open Space Agriculture Vacant ENCLAVE FACTS: Type of Annexation: Single Owner or Single Use Multiple Owner or Multiple Use City Owned Land Owned by Another Special District or Municipality Total Size of Enclave (acres): Number of Owners: Other: R3 Residential (5,000 sq. ft. MF) RR1 Rural Residential 0.5 acres RR3 Rural Residential 5 acres MHP Mobile Home Park PBC Planned Business Center PBP Planned Business Park PBD Planned Business C1 Commercial (Obsolete) C2 Commercial (Obsolete) R4 Planned Development (Obsolete) PUD Planned Urban Development PHID Planned Heavy Industrial M Industrial (Obsolete) A1 Agriculture NAP t A Part (County Shows as in City, City Shows in County) BACKGROUND INFORMATION Yes Yes - Electric Department LL Large Lot Residential SFD Single Family Residential MH Manufactured Homes MHC Manufactured Home Communities MF Multi-family Residential MR Mixed Residential HD Historic Downtown CMU Central Mixed Use RC Regional Commercial Centers VC Village Commercial NC Neighborhood Commercial SO Small Office BP/PI Business Park/Planned Industrial P Public A/H Agriculture/Holding POS Park/Open Space

30 Existing Land Use Prado Dr. Southmoor Drive State Highway 16 "!16 Large Lot Residential Single Family Homes Duplex Housing Units Multi-family Housing Units Mobile/Manufactured Homes Commercial Office Light Industrial/Warehousing Manufacturing/Mining Schools Church Other Public Parks Open Space Agriculture Vacant State Highway 85 ENCLAVE FACTS: Type of Annexation: Single Owner or Single Use Multiple Owner or Multiple Use City Owned Land Owned by Another Special District or Municipality Total Size of Enclave (acres): Number of Owners: Other: Existing El Paso County Zoning Prado Dr. M Southmoor Drive State Highway 16 R3 RR3 PBP "!16 RR1 PBD State Highway 85 C1 R3 Residential (5,000 sq. ft. MF) RR1 Rural Residential 0.5 acres RR3 Rural Residential 5 acres MHP Mobile Home Park PBC Planned Business Center PBP Planned Business Park PBD Planned Business C1 Commercial (Obsolete) C2 Commercial (Obsolete) R4 Planned Development (Obsolete) PUD Planned Urban Development PHID Planned Heavy Industrial M Industrial (Obsolete) A1 Agriculture NAP t A Part (County Shows as in City, City Shows in County) C2 PBP PBC BACKGROUND INFORMATION Yes Enclave Area # 3 Comprehensive Plan Recommendations RC SO Prado Dr. MF POS SO State Highway 16 Southmoor Drive "!16 P State Highway 85 LL Large Lot Residential SFD Single Family Residential MH Manufactured Homes MHC Manufactured Home Communities MF Multi-family Residential MR Mixed Residential HD Historic Downtown CMU Central Mixed Use RC Regional Commercial Centers VC Village Commercial NC Neighborhood Commercial SO Small Office BP/PI Business Park/Planned Industrial P Public A/H Agriculture/Holding POS Park/Open Space Revised September, 2007

31 Southmoor Drive State Highway 16 te Highway 85 "!16 "!16 M Southmoor Drive State Highway 16 RR1 R3 RR3 C1 PBP C2 PBD PBC te Highway 85 PBP S State Highway 16 POS SO Southmoor Drive Enclave Area # 4 e Highway 85 Revised September, 2007 Existing Land Use Existing El Paso County Zoning Comprehensive Plan Recommendations "!16 P RC RC A1 PBP M A1 BP/PI SO Cattail Marsh R PHID Cattail Marsh R BP/PI Cattail Marsh R S Large Lot Residential Single Family Homes Duplex Housing Units Multi-family Housing Units Mobile/Manufactured Homes Commercial Office Light Industrial/Warehousing Manufacturing/Mining Schools Church Other Public Parks Open Space Agriculture Vacant ENCLAVE FACTS: Type of Annexation: Single Owner or Single Use Multiple Owner or Multiple Use City Owned Land Owned by Another Special District or Municipality Total Size of Enclave (acres): Number of Owners: Other: R3 Residential (5,000 sq. ft. MF) RR1 Rural Residential 0.5 acres RR3 Rural Residential 5 acres MHP Mobile Home Park PBC Planned Business Center PBP Planned Business Park PBD Planned Business C1 Commercial (Obsolete) C2 Commercial (Obsolete) R4 Planned Development (Obsolete) PUD Planned Urban Development PHID Planned Heavy Industrial M Industrial (Obsolete) A1 Agriculture NAP t A Part (County Shows as in City, City Shows in County) LL Large Lot Residential SFD Single Family Residential MH Manufactured Homes MHC Manufactured Home Communities MF Multi-family Residential MR Mixed Residential HD Historic Downtown CMU Central Mixed Use RC Regional Commercial Centers VC Village Commercial NC Neighborhood Commercial SO Small Office BP/PI Business Park/Planned Industrial P Public A/H Agriculture/Holding POS Park/Open Space BACKGROUND INFORMATION Yes Yes - Widefield Sanitation and Fountain Creek Regional Park

32 Montrey W Mon Mon Existing Land Use Existing El Paso County Zoning Enclave Area # 5 Revised September, 2007 Comprehensive Plan Recommendations A1 SFD SFD SFD A1 A1 SO P P Avenida De RR1 Avenida De SFD Avenida Del Calle Entra Calle Entra Calle Entra Large Lot Residential Single Family Homes Duplex Housing Units Multi-family Housing Units Mobile/Manufactured Homes Commercial Office Light Industrial/Warehousing Manufacturing/Mining Schools Church Other Public Parks Open Space Agriculture Vacant ENCLAVE FACTS: Type of Annexation: Single Owner or Single Use Multiple Owner or Multiple Use City Owned Land Owned by Another Special District or Municipality Total Size of Enclave (acres): Number of Owners: Other: C2 R3 Residential (5,000 sq. ft. MF) RR1 Rural Residential 0.5 acres RR3 Rural Residential 5 acres MHP Mobile Home Park PBC Planned Business Center PBP Planned Business Park PBD Planned Business C1 Commercial (Obsolete) C2 Commercial (Obsolete) R4 Planned Development (Obsolete) PUD Planned Urban Development PHID Planned Heavy Industrial M Industrial (Obsolete) A1 Agriculture NAP t A Part (County Shows as in City, City Shows in County) BACKGROUND INFORMATION Yes SO LL Large Lot Residential SFD Single Family Residential MH Manufactured Homes MHC Manufactured Home Communities MF Multi-family Residential MR Mixed Residential HD Historic Downtown CMU Central Mixed Use RC Regional Commercial Centers VC Village Commercial NC Neighborhood Commercial SO Small Office BP/PI Business Park/Planned Industrial P Public A/H Agriculture/Holding POS Park/Open Space SFD