if you cannot see the Agenda below. - City of Colorado Springs

CITY OF COLORADO SPRINGS

City Council Agenda MEETING DATE: OCTOBER 22, 2013 TIME: 1:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

Pages

1- 2

CONSENT CALENDAR (FIRST PRESENTATION)

ITEMS

5-A-1 - 5-A-4

Page

2

RECOGNITIONS

ITEM

6

Page

2

CITIZEN DISCUSSION

ITEM

7

CALLED UP ITEMS Page

3

UTILITIES BUSINESS

ITEMS

9 - 10

Page

3

UNFINISHED BUSINESS

ITEMS

11 - 12

Pages

3-4

NEW BUSINESS

ITEMS

13 - 19

Pages

4-5

PUBLIC HEARING

ITEM

20

CITY COUNCIL WILL RECESS FROM 5:30 P.M. UNTIL 6:30 P.M. FOR DINNER

City Council meetings are broadcast live on Channel 18 the 2nd and each month, beginning at 1 :00 p.m.

4th

Tuesdays of

For the agenda item number call: 385-5170

City Hall • Council Chambers • 107 North Nevada Avenue Mailing Address: Post Office Box 1575 • Colorado Springs, Colorado 80901-1575

CITY OF COLORADO SPRINGS To:

Members of City Council

From:

President Keith King

Subject:

Agenda for the City Council Meeting of October 22, 2013 - 1:00 P.M., Council Chambers, City Hall, 107 North Nevada Avenue.

1.

Call to Order.

2.

Invocation and Pledge of Allegiance.

3.

Changes to Agenda/Postponements.

4.

Councilmember Comments. CONSENT CALENDAR

5.

These items will be acted upon as a whole, unless a specific item is called for discussion by a Councilmember or a citizen wishing to address the City Council. (Any items called up for separate consideration shall be acted upon following the Mayor's Business.)

FIRST PRESENTATION:

A-1.

Approval of the Minutes of the regular Council Meeting of October 8,2013.

A-2.

A resolution approving an intergovernmental agreement between the University of Colorado at Colorado Springs and the City of Colorado Springs for the proposed Austin Bluffs Corridor Project. (Public Works - Dave Lethbridge) See attached memorandum from the Interim Public Works Director and Capital Improvements Projects Manager and copy of proposed resolution.

A-3.

FASTER Grant Funding

A-3A. A resolution to approve an intergovernmental agreement to accept grant funding to construct the Black Forest Park-N-Ride. (Transit Services - Craig Blewitt) See attached memorandum from the Interim Public Works Director and Transit Services Division Manager and copy of proposed resolution. A-3B. A resolution to approve an intergovernmental agreement to accept grant funding for Downtown Bus Terminal renovations. (Transit Services - Craig Blewitt) See memorandum attached to Item No. A-3A and copy of proposed resolution.

1

CITY COUNCIL MEETING - OCTOBER 22, 2013 A-4.

Flying Horse Parcel Number 5 A-4A. CPC PUZ 13-00058: (Quasi-Judicial Matter) Request by NES, Inc. on behalf of Pulpit Rock Investments, LLC for approval of a zone change consisting of 116 acres from A (Agricultural) to PUD (Planned Unit Development) located in the Flying Horse community, south of Flying Horse Club Drive, east of Vine Cliff Heights and west of future Powers Boulevard. (Planning & Development - Peter Wysocki) PLANNING COMMISSION RECOMMENDATION: It was moved by Commissioner Ham, seconded by Commissioner Henninger, to approve the petitioner's request. The motion unanimously carried. (Commissioner Phillips was absent). (Item: A.1 - CPC Meeting - September 19, 2013) See attached memorandum from the Planning and Development Director, copy of proposed ordinance and Record-of-Decision. A-4B. CPC PUD 13-00059: (Quasi-Judicial Matter) Request by NES, Inc. on behalf of Pulpit Rock Investments, LLC for approval of the Flying Horse Parcel Number 5 PUD Development Plan. This development plan will allow the development of 234 single-family residential lots with public roads, an extension of a private road, easements, open space tracts and trails. (Planning & Development - Peter Wysocki) PLANNING COMMISSION RECOMMENDATION: It was moved by Commissioner Ham, seconded by Commissioner Henninger, to approve the petitioner's request. The motion unanimously carried. (Commissioner Phillips was absent). (Item: A.2 - CPC Meeting - September 19, 2013) See memorandum and Record-of-Decision attached to Item No. A-4A.

6.

Recognitions.

7.

Citizen Discussion.

8.

Mayor's Business.

ITEMS CALLED OFF CONSENT CALENDAR

2

CITY COUNCIL MEETING - OCTOBER 22, 2013 UTILITIES BUSINESS

9.

A resolution authorizing the use of eminent domain to condemn certain rights-of-way for Southern Delivery System project improvements. (Utilities - Jerry Forte) See attached memorandum from the Utilities Chief Executive Officer and copy of proposed resolution.

10.

A resolution appointing Jeff Crockett as Board Member of the Fountain Valley Authority to fill a three-year term effective January 1, 2014 and ending December 31 , 2016. (Utilities Jerry Forte) See attached memorandum from the Utilities Chief Executive Officer and copy of proposed resolution. UNFINISHED BUSINESS

11.

AR V 13-00400: Ordinance No. 13-62 vacating a portion of West Willamette Avenue public right-of-way consisting of 0.33 acre located west of the intersection with 28th Street. [second presentation] (Item No. 5-B-4 - C.C. Meeting - October 8, 2013) [7-2 vote] See attached ordinance.

12.

AR V 13-00401: Ordinance No. 13-63 vacating a portion of South Weber Street public right-of-way consisting of 0.046 acre located between Hunter Avenue and May Drive and vacating a portion of May Drive public right-of-way consisting of 0.047 acre located west of Park Lane. [second presentation] (Item No. 5-B-5 - C.C. Meeting - October 8,2013) [7-2 vote] See attached ordinance. NEW BUSINESS

13.

An ordinance amending Ordinance No. 12-108 (2013 Appropriation Ordinance) for a supplemental appropriation to the Airport Capital fund in the amount of $650,000 for the design and bid phases for the Rehabilitation of Taxiways E, G and H (Phase V) project at the Colorado Springs Airport. (Airport - Dan Gallagher) See attached memorandum from the Interim Director of Aviation and copy of proposed ordinance.

14.

An ordinance amending Ordinance No. 12-108 (2013 Appropriation Ordinance) for a supplemental appropriation to the Airport Capital Fund in the amount of $860,000 for the design and construction of office space in the East Terminal Unit at the Colorado Springs Airport. (Airport - Dan Gallagher) See attached memorandum from the Interim Director of Aviation and copy of proposed ordinance.

3

CITY COUNCIL MEETING - OCTOBER 22, 2013 15.

A public hearing relating to a lien against the property at 1726 West Colorado Avenue for building demolition. (Public Works - Dave Lethbridge) For additional information, go to www.springsgov.com. Look for the October 22, 2013 Regular Meeting Agenda under Your Government I Agenda & Minutes.

16.

A resolution authorizing the Colorado Springs Urban Renewal Authority to use 1% of the annual sales tax increments generated within the Copper Ridge at Northgate Urban Renewal area for a period of up to 25 years after the effective date of the Cooperation Agreement subject to verification of costs and subsequent expenditures by the Authority and the City. (Planning & Development - Peter Wysocki) See attached memorandum from the Colorado Springs Urban Renewal Authority, and the Planning and Development Director, and copy of proposed resolution.

17.

Approval of the proposed 2014 Budget for the Colorado Springs Downtown Development Authority and 2013 Budget Amendment. (Planning & Development - Carl Schueler) See attached memorandum from the Chief Financial Officer, Planning and Development Director, and Senior Planner, Lane Use Review.

18.

Approval of the proposed 2014 Budget and Operating Plan for the Greater Downtown Colorado Springs Business Improvement District. (Planning & Development - Carl Schueler) See attached memorandum from the Chief Financial Officer, Planning and Development Director, and Senior Planner, Lane Use Review.

19.

Approval of the proposed 2014 Budget and Operating Plan for the Briargate Center Business Improvement District. (Planning & Development - Carl Schueler) See attached memorandum from the Chief Financial Officer, Planning and Development Director, and Senior Planner, Lane Use Review. PUBLIC HEARING

20.

CPC DP 03-00259-A7MN13: (Quasi-Judicial Matter) Public hearing on an appeal by William Louis of Flynn, Wright and Fredman, LLC on behalf of Hannah Polmer regarding the Planning Commission action of September 19, 2013 approving a minor amendment to the Broadmoor Event Center development plan to allow a 4,192 square-foot addition to the Carriage Museum adjacent to the Events Center for the construction of the Pikes Peak Hill Climb Museum located at 11 Lake Circle. (Planning & Development - Peter Wysocki) PLANNING COMMISSION RECOMMENDATION: It was moved by Commissioner Markewich, seconded by Commissioner Ham, to deny the appeal and uphold the administrative approval. The motion unanimously carried. (Commissioner Shonkwiler was excused and Commissioner Phillips was absent.) (Item: 6.A - CPC Meeting - September 19, 2013) 4

CITY COUNCIL MEETING - OCTOBER 22, 2013

See attached letter of appeal, memorandum from the Planning and Development Director, and Record-of-Decision. 21 .

Added Item Agenda.

22.

Executive Session.

23.

Adjourn.

Respectfully submitted,

1·~

Keith King City Council President

5

COLORADO SPRINGS, COLORADO CITY COUNCIL CHAMBERS CITY HALL – 107 N. NEVADA AVENUE OCTOBER 8, 2013 – 1:00 P.M. Council met in Regular Session. There were present: President King, President Pro Tem Bennett, Councilmembers Collins, Gaebler, Knight, Martin, Miller, Pico, and Snider. Also present, Bret Waters, Director, Office of Emergency Management, in Chief of Staff Neumann’s absence, and Legislative Counsel Massey. ----------0----------1.

Call to Order. Deputy City Clerk Bill Powell called the roll. All Councilmembers were present.

2.

Invocation and Pledge of Allegiance. The meeting was opened with an invocation led by Dr. Tim Gramling, President of Colorado Technical University. President King led the Pledge of Allegiance.

3.

Changes to Agenda/Postponements. President King noted there had been an item added under Item No. 15, Added Item Agenda.

4.

Councilmember Comments. A. Councilmember Miller stated he requested information relative to the City Of Champions survey results and that the Attorney-Client privilege had been invoked which would not allow him to receive the information. He requested Councilmembers join him in requesting the survey results. Consensus of Council approved Councilmember Miller’s request. B. President King requested a breakdown of information to support line items 5100 and 5200 listed in the Mayor’s Budget. Mr. Waters stated staff will get back to Council relative to the availability of that information. President King requested receipt of the information within five days. Mr. Waters stated Mayor will respond to Council’s request for additional information. CONSENT CALENDAR

5.

The following items were acted upon by unanimous consent of the members present, with the exception of Items B-3, B-4, and B-5 which were called up for separate consideration: FIRST PRESENTATION:

B-1.

Approval of the Minutes of the Regular Council Meeting of September 24, 2013.

Item No. 5A1

CITY COUNCIL MEETING – OCTOBER 8, 2013 B-2.

Request to establish a public hearing date for the consideration of resolutions regarding certain changes to Utilities Rules and Regulations and setting electric and natural gas rates within the service areas of Colorado Springs Utilities.

B-3.

See action taken later in the meeting.

B-4.

See action taken later in the meeting.

B-5.

See action taken later in the meeting. Motion by Bennett, second by Gaebler, that all matters on the Consent Calendar, with the exception of Items B-3, B-4, and B-5, be passed, adopted, and approved by unanimous consent of the members present. Ayes: Bennett, Collins, Gaebler, King, Knight, Martin, Miller, Pico, Snider Noes: None Absent: None The motion passed unanimously on a 9-0 vote.

6.

Recognitions. Resolution No. 86-13 was presented: “A Resolution recognizing October 2013 as Community Planning Month.” Motion by Martin, second by Snider, that the Resolution be adopted. Ayes: Bennett, Collins, Gaebler, King, Knight, Martin, Miller, Pico, Snider Noes: None Absent: None The motion passed unanimously on a 9-0 vote. Councilmember Miller presented the Resolution of Appreciation to Peter Wysocki, Planning and Development Director. Mr. Wysocki acknowledged his staff and their extraordinary efforts and dedication. He also recognized the current and former Planning Commissioners and their work.

7.

Citizen Discussion. Charles Barber and Chris Nixon spoke against the City of Champions revitalization proposal. Don Magill, Chairman of the Board of Seeds Community Café, spoke regarding bringing community together and the humanitarian policy of paying it forward. He encouraged Council and City Staff to visit the Seeds Café downtown at 109 E. Pikes Peak where the cost of the lunch is based on what one can afford, and if an individual cannot pay for their food, they can volunteer an hour of time to compensate. 2

CITY COUNCIL MEETING – OCTOBER 8, 2013 Whitney Galbraith spoke to the definition of “dependents” in the current era and the impact the change in these definitions may have on insurance costs. Cindy Lyons, a reporter with Commonsense News, requested information for City of Champions and the potential for claims of eminent domain. Councilmember Bennett suggested she direct her questions to the Office of Economic Vitality. 8.

Mayor's Business. In Chief of Staff Neumann’s absence, Bret Waters, Office of Emergency Management Director, described two Mayor’s Business items: the 2014 Budget presentations will begin on Thursday, October 10th, and the Mayor’s Town Hall meeting will be held at Penrose Library downtown on Wednesday, October 30th. ITEMS CALLED OFF CONSENT CALENDAR

B-3.

A request to set a public hearing relating to a lien against the property at 1726 West Colorado Avenue for building demolition. Councilmember Collins called this item off and requested explanation of the process for determining when a property should be demolished. Ms. Massey described the public process and Steve Bodette, City Engineering Inspection Supervisor, overviewed the considerations given towards determining when a demolition is the appropriate action. Councilmember Gaebler summarized this is a serious remedy and only used in the most severe of circumstances. Motion by Gaebler, second by Bennett, to approve the request to set a public hearing. Ayes: Bennett, Gaebler, King, Knight, Martin, Pico, Snider Noes: Collins, Miller Absent: None The motion passed on a 7-2 vote.

B-4

Ordinance No. 13-62 entitled : “An Ordinance vacating a portion of West Willamette Avenue Public Right-of-Way consisting of 0.33 acre located west of the intersection with 28th Street” was introduced and read. Councilmembers Collins and Knight asked questions relative to who would own the property once vacated by the City and whether surrounding residents were notified about this pending action. Peter Wysocki, Planning & Development Director, explained the vacation process and stated there had been no objection by any of the departments; they did, however, receive one response from a neighbor in opposition. Transportation Manager, Kathleen Krager, described the difference between a right-of-way vs. an easement. Ms. Massey provided that ownership is an assignment by the Assessor.

3

CITY COUNCIL MEETING – OCTOBER 8, 2013 Motion by Bennett, second by Martin, to approve the Ordinance as introduced. Ayes: Bennett, Gaebler, King, Knight, Martin, Pico, Snider Noes: Collins, Miller Absent: None The motion passed on a 7-2 vote. B-5.

Ordinance No. 13-63 entitled: “An Ordinance vacating a portion of South Weber Street Public Right-of-Way consisting of 0.046 acre located between Hunter Avenue and May Drive and vacating a portion of May Drive Public Right-of-Way consisting of 0.047 acre located West of Park Lane” was introduced and read. Mr. Larry Kemper, an adjacent property owner, expressed concern whether the approval of this action would increase his personal responsibility for the maintenance and repair of utility lines from what his current responsibility is. He stated he had requested something in writing to assure him that the existing utility line under the vacated roadway would still be covered by Colorado Springs Utilities (CSU). Jerry Forté, CEO of CSU, clarified for the record that this action, if approved, will not change the way CSU looks at it; if it is currently a public utility facility they will continue to maintain it. Councilmember Bennett stated that the Council meeting is a public record and may serve as Mr. Kemper’s assurance. Mr. Wysocki recommended Mr. Kemper refer to the Ordinance being considered, and described in Section 1 of the Ordinance, in the third paragraph, “The vacated right-of-way shall be retained as a public utility and drainage easement and is subject to those terms and conditions as specified in the instrument recorded at Reception No. 212112548 of the records of El Paso County, Colorado (except for dual easements as defined in 7.7.607 of the City Code.)” Councilmembers reviewed the maps and descriptions of the area and existing access points. Ms. Krager commented that this will eliminate a third section of roadway that is not used nor needed. Motion by Bennett, second by Gaebler, to approve the Ordinance as introduced. Ayes: Collins, Bennett, Gaebler, King, Martin, Pico, Snider Noes: Knight, Miller Absent: None The motion passed on a 7-2 vote.

UTILITIES BUSINESS There was no Utilities Business presented for discussion.

4

CITY COUNCIL MEETING – OCTOBER 8, 2013 UNFINISHED BUSINESS 9.

Ordinance No. 13-59 entitled: “An Ordinance approving the 2013 Total Compensation Study Results and the Salary Ranges for Civilian and Sworn Personnel” was presented for final passage. Michael Sullivan, Human Resources Director, requested Council’s approval of the Results of the Compensation Study, as well as the Ordinance approving the Supplemental Appropriation and approval of the PPM changes. Councilmember Martin explained her decision to change from her prior vote due to her concerns about the minimized bandwidth. Steve Tuck, a City staff member, described his concern for the lack of data provided to staff in order to understand the source of the recommendations. Mr. Sullivan responded to Mr. Tuck’s concerns and reiterated staff will have an opportunity for appeal. Motion by Bennett, second by King, that the Ordinance be finally passed. Ayes: Bennett, Gaebler, King, Knight, Pico Noes: Collins, Miller, Martin, Snider Absent: None The motion passed on a 5-4 vote.

10.

Ordinance No. 13-60 entitled: “An Ordinance amending Ordinance No. 12-108 (2013 Appropriation Ordinance) for Supplemental Appropriations to multiple funds as stated to implement the results of the Compensation Study” was presented for final passage. Mr. Sullivan responded to a previous request made by Councilmember Miller to confirm that the appropriate Code Certified Sales Tax divisions, TOPS and PPST, had been contacted relative to the supplemental appropriation that would impact their funds. Motion by Pico, second by Gaebler, that the Ordinance be finally passed. Ayes: Bennett, Gaebler, King, Knight, Miller, Pico, Snider Noes: Collins, Martin Absent: None The motion passed on a 7-2 vote.

11.

Approval of the Personnel Policies and Procedures Manuals (PPM). (Human Resources – Mike Sullivan) Mr. Sullivan summarized the changes that were made to comply with legislative changes. Councilmember Snider recommended that on page 59, under Funeral Leave Policy, the statement should refer to “compensatory time” vs. “comp time.” 5

CITY COUNCIL MEETING – OCTOBER 8, 2013

Councilmember Miller stated for future reference when changes to the PPM are being considered, he is uncomfortable with no limit, or other specifications defined, on the bonuses the Mayor may offer under Policy 11, Employee and Exempt Compensation. Additionally, he described concern referenced in the Military Leave section suggesting a clearer statement for the time allowance when an employee is called up for duty. He also expressed concern on the severance pay for up to 6 months for senior managers and would like to see a more prescription definition for that process. Councilmember Knight commented that he agreed with Councilmember Miller’s concern relative to the severance policy, and also stated he would like to see Council be more involved in the process in the future. Motion by Bennett, second by Pico, to approve the Personnel Policies and Procedures Manuals. Ayes: Bennett, Gaebler, King, Knight, Pico, Snider Noes: Collins, Martin, Miller Absent: None The motion passed on a 6-3 vote. 12.

Ordinance No. 13-61 entitled: “An Ordinance amending Ordinance No. 12-108 (2013 Appropriation Ordinance) for a supplemental appropriation to the General Fund in the amount of $35,000 for the purpose of funding economic study, legal and survey work related to the recommendations of the Regional Stormwater Task Force” was presented for final passage. Motion by Snider, second by Martin, that the Ordinance be finally passed. Ayes: Bennett, Gaebler, King, Knight, Martin, Miller, Pico, Snider Noes: Collins Absent: None The motion passed on an 8-1 vote. NEW BUSINESS

13.

Resolution No. 87-13 was presented: “A resolution authorizing free parking on Saturday, November 9, 2013, for the Veterans Day Parade.” Motion by Bennett, second by Snider, to adopt the Resolution. Ayes: Bennett, Collins, Gaebler, King, Knight, Martin, Miller, Pico, Snider Noes: None Absent: None The motion passed unanimously on a 9-0 vote.

6

CITY COUNCIL MEETING – OCTOBER 8, 2013 14.

Resolution No. 88-13 was presented: “A Resolution authorizing Free On-Street Metered Parking on Saturday, November 30; Saturday, December 7; Saturday, December 14 and Saturday, December 21, 2013.” Motion by Gaebler, second by Knight, to adopt the Resolution Ayes: Bennett, Collins, Gaebler, King, Knight, Martin, Miller, Pico, Snider Noes: None Absent: None The motion passed unanimously on a 9-0 vote. PUBLIC HEARING There were no matters presented for Public Hearing.

15.

Added Item Agenda. Resolution No. 89-13 was presented: “A Resolution amending Resolution No. 83-13 approving the exchange of a 1.59-acre parcel owned by the City of Colorado Springs for a 3.96-acre parcel owned by Verdoorn 1999 Charitable Unitrust, located within the Oak Valley Ranch Master Plan located Southwest of Allegheny Drive and Front Royal Drive.” Lois Ruggera, Real Estate Specialist II, stated that when the department was auditing the file, they discovered an error in the previously approved Resolution and that this Resolution is correcting the error. Motion by Bennett, second by Gaebler, to adopt the Resolution. Ayes: Bennett, Gaebler, King, Martin, Pico, Snider Noes: Knight, Collins, Miller Absent: None The motion passed on a 6-3 vote.

16.

Executive Session. There was no Executive Session called.

17.

Adjourn. City Council Adjourned at 3:03 p.m.

7

CITY COUNCIL MEETING – OCTOBER 8, 2013 GENERAL IMPROVEMENT DISTRICTS President King adjourned the City Council meeting and convened as the Board of Directors of the Colorado Springs Marketplace at Austin Bluffs General Improvement District for action on the following item: 1. Request permission to set the date of November 26, 2013 for consideration of adoption of the proposed 2014 Colorado Springs Marketplace at Austin Bluffs General Improvement District Budget and to advertise as required by law. Councilmember Knight asked about the time requirements for approval. Carl Schueler, Land Use Review Senior Planner, confirmed these are consistent and within State Statute requirements. Motion to approve by Bennett, second by Gaebler, that the date of November 26, 2013 be set for consideration of adoption of the proposed 2014 Colorado Springs Marketplace at Austin Bluffs General Improvement District Budget. The motion carried unanimously on a 9-0 vote. The Board of Directors of the Colorado Springs Marketplace General Improvement District adjourned. President King adjourned the Board of Directors of the Colorado Springs Marketplace at Austin Bluffs General Improvement District and City Council convened as the Board of Directors of the Cottonwood General Improvement District for action on the following item: 1. Request permission to set the date of November 26, 2013 for consideration of adoption of the proposed 2014 Colorado Springs Cottonwood General Improvement District Budget and to advertise as required by law. Motion by Bennett, second by Knight, that the date of November 26, 2013 be set for consideration of adoption of the proposed 2014 Colorado Springs Cottonwood General Improvement District Budget. The motion carried unanimously on a 9-0 vote. The Board of Directors of the Cottonwood General Improvement District adjourned. President King adjourned the Board of Directors of the Cottonwood General Improvement District and City Council convened as the Board of Directors of the Colorado Springs Spring Creek General Improvement District for action on the following item: 1. Request permission to set the date of November 26, 2013 for consideration of adoption of the proposed 2014 Colorado Springs Spring Creek General Improvement District Budget and to advertise as required by law. 8

CITY COUNCIL MEETING – OCTOBER 8, 2013

Motion by Bennett, second by Knight, that the date of November 26, 2013 be set for consideration of adoption of the proposed 2014 Colorado Springs Spring Creek General Improvement District Budget. The motion carried unanimously on a 9-0 vote. The Board of Directors of the Colorado Springs Spring Creek General Improvement District adjourned. President King adjourned the Board of Directors of the Colorado Springs Spring Creek General Improvement District and City Council convened as the Board of Directors of the Colorado Springs Briargate General Improvement District for action on the following item: 1. Request permission to set the date of November 26, 2013 for consideration of adoption of the proposed 2014 Colorado Springs Briargate General Improvement District Budget and to advertise as required by law. Motion by Bennett, second by Gaebler, that the date of November 26, 2013 be set for consideration of adoption of the proposed 2014 Colorado Springs Briargate General Improvement District Budget. The motion carried unanimously on a 9-0 vote. The Board of Directors of the Colorado Springs Briargate General Improvement District adjourned at 3:08 p.m. MEETING ADJOURNED,

William “Bill” Powell Deputy City Clerk

9

Regular Agenda Item Council Meeting Date: October 22, 2013

To:

President and Members of City Council

cc:

Mayor Steve Bach

From:

Dave Lethbridge, Interim Public Works Director Stuart King, Capital Improvements Projects Manager

Subject Title:

A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNIVERSITY OF COLORADO AT COLORADO SPRINGS AND THE CITY OF COLORADO SPRINGS FOR THE PROPOSED AUSTIN BLUFFS CORRIDOR PROJECT

Summary: The Engineering Division has finalized plans and specifications for the construction of the Austin Bluffs Corridor Project (Nevada Ave. to Academy Blvd. and Barnes Rd. to Old Farm Dr.), Pikes Peak Rural Transportation Authority (PPRTA) funded, Group “A” projects. The new roadway will be located on a portion of the University of Colorado’s property and the University desires to have the City Quitclaim a portion of the existing Right-of-Way outside the new roadway. Exhibits were created depicting the parcels of land based on the design work done on the project. This resolution approves the Intergovernmental Agreement between the University of Colorado at Colorado Springs and the City of Colorado Springs. Previous Council Action: An Intergovernmental Agreement (IGA) between the City of Colorado Springs and the University of Colorado was approved for the Austin Bluffs/Union Interchange in March, 2005 and amended in December, 2006. The previous IGA was approved under Resolutions Number 50-05 and 247-06. An Intergovernmental Agreement (IGA) between the City of Colorado Springs and the University of Colorado was approved for the Vincent Drive Extension and Bridge in October, 2010. This previous IGA was approved under Resolution Number 191-10. Background: This is a PPRTA funded Capital Improvement Project that is a critical component in solving the east-west mobility issues that have impacted travelers for many years. Two phases of the Austin Bluffs Corridor Project have been completed (at Union Boulevard and at Nevada Avenue). This third phase includes improvements to Austin Bluffs Parkway to create a consistent six-lane roadway. The following segments will be widened: Nevada Avenue to Union Boulevard; Union Boulevard to Meadowland Boulevard; and Barnes Road to Old Farm Drive. The construction started in June 2013. The Intergovernmental Agreement (IGA) between the University of Colorado and the City of Colorado Springs has been reviewed by the City’s Real Estate Services Manager and the City Attorney’s Office. 1

Item No. 5A2

The IGA is being processed for approval by the Board of Regents for the University in parallel with this action. Financial Implications: The IGA will have zero impact in the City budget. Board/Commission Recommendation: N/A. Stakeholder Process: City Engineering staff and their consultants (Matrix Engineering Group) have performed an extensive public involvement process for the Austin Bluffs Corridor Project. In addition, staff and their consultants continue to be engaged in their coordination efforts with key residential and commercial stakeholders along the corridor. This effort included a number of public meetings and individual meetings with the University of Colorado, as well as other property owners. City Engineering has done extensive coordination with the University over the last several years in order to arrive at a mutually acceptable plan for the project that considers the University’s plans for the future. Alternative: There are two alternatives on the Intergovernmental Agreement: • •

Alternative #1 – Approve the Resolution. Alternative #2 – Direct staff to change the Resolution and continue negotiations with University of Colorado staff.

Recommendation: The staff recommendation is to approve the attached Resolution. Proposed Motion: Move to approve the resolution. c:

Laura Neumann, Chief of Staff Wynetta Massey, Legislative Council Kara Skinner, Chief Financial Officer Cindy Aubrey, Chief Communications Officer Stuart King, Engineering Capital Projects Manager Lois Ruggera, Acting Real Estate Services Manager Mike Chaves, Senior Civil Engineer

Attachments: (examples below) − Resolution − Intergovernmental Agreement

2

RESOLUTION NO. ________ - 13 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNIVERSITY OF COLORADO AT COLORADO SPRINGS AND THE CITY OF COLORADO SPRINGS FOR THE PROPOSED AUSTIN BLUFFS CORRIDOR PROJECT WHEREAS, City requires small parcels of land needed for right-of-way and easements along the University’s property fronting Austin Bluffs Parkway pursuant to the PPRTA Project roadway design work as depicted on Attachment A; and WHEREAS, University desires to acquire small parcels of land from the Austin Bluffs Parkway Right-of-Way based upon the University’s new Academic Office Building design work; and WHEREAS, the Parties desire to enhance and maintain two new retaining walls along the University property adjacent to the new roadway; and WHEREAS, the Parties desire to enhance and maintain the landscaping along the University property adjacent to the new roadway; and WHEREAS, the City and University intend Agreement to address these and other matters; and

this

Intergovernmental

WHEREAS, C.R.S. § 29.1.203 authorizes the City and the University to enter into an Intergovernmental Agreement for this purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLORADO SPRINGS: Section 1. The Intergovernmental Agreement between the City and the University, attached as Exhibit “A” and made part of this Resolution, is hereby approved. Section 2. The Mayor is authorized to execute the Intergovernmental Agreement on behalf of the City, and the Mayor is authorized to amend the Intergovernmental Agreement as may be necessary to fulfill the intent of City Council. Section 3. The Mayor and City’s Real Estate Services Manager are authorized to execute all documents necessary to complete the land transactions contemplated by the Intergovernmental Agreement.

2013.

DATED at Colorado Springs, Colorado, this ______ day of _______________

_____________________________________ Keith King, Council President ATTEST:

Sarah B. Johnson, City Clerk

City Clerk’s Office only: Item #_____

Regular Agenda Item Council Meeting Date: October 22, 2013

To:

President and Members of City Council

cc:

Mayor Steve Bach

Via:

Laura Neumann, Chief of Staff/Chief Administrative Officer

From:

Dave Lethbridge, Interim Public Works Director Craig Blewitt, Transit Services Division Manager

Subject Title:

Resolutions to Accept FASTER Grant Funding from the Colorado Department of Transportation for Downtown Bus Station and Black Forest Park-n-Ride Capital Projects

Summary: The Transit Services Division (Transit) is requesting City Council’s approval of the attached resolutions to reinstate two intergovernmental agreements with the Colorado Department of Transportation (CDOT) for construction of the Black Forest Park-n-Ride and renovations at the Downtown Bus Station. Previous Council Action: City Council initially approved these intergovernmental agreements in February, 2012; however, due to changes in the anticipated timeframe for completing these projects, CDOT has requested the City authorize new contracts. Background: Transit received grant funding for several transit-related capital projects through the state’s Funding Advancement for Surface Transportation and Economic Recovery (FASTER) program in 2012. The FASTER legislation provides $15 million annually for transit projects as well as funding bridge and safety projects; FASTER funding cannot be applied to operating expenses. Some of these grants pay for eighty percent (80%) of the project costs, and the remaining pay for eighty percent (80%) of the local match for federal capital grants that were previously approved. All projects are consistent with the approved 2035 Long Range Public Transportation Plan. Black Forest Park-N-Ride •

Contract 14-HA2-59846 Award Amount: $278,000. PPRTA funds Match Amount: $69,500. The total amount of $347,500 was appropriated in February, 2012 for the construction of the Black Forest Park-N-Ride at Woodmen and Black Forest Roads.

Downtown Bus Terminal Renovation: •

Contract 14-HA2-59856 Award Amount: $20,000. PPRTA funds Match Amount: $5,000. The total amount of $25,000 was appropriated in February 2012 to install additional lighting, improve electrical systems and upgrade customer notifications.

Financial Implications: There are no current financial implications; appropriations were made in 2012. 1

Item No. 5A3A

Board/Commission Recommendation: Stakeholder Process: The projects were recommended for approval by the Statewide Transportation Advisory Committee and the State Transit and Rail Advisory Committee, and were approved by the State Transportation Commission. Alternative: N/A Recommendation: Recommend approval of the two resolutions as presented. Proposed Motion: Move approval of the two resolutions to accept grant funding for construction and renovation. Attachments: − IGA: 14-HA2-59846 (Black Forest Park-n-Ride) − A RESOLUTION to Approve an Intergovernmental Agreement to Accept Grant Funding to Construct the Black Forest Park-n-Ride − −

IGA: Contract 14-HA2-59856 (Downtown Renovations) A RESOLUTION to Approve an Intergovernmental Agreement to Accept Grant Funding for Downtown Bus Terminal Renovations

2

RESOLUTION NO. ________ - 13 A RESOLUTION TO APPROVE AN INTERGOVERNMENTAL AGREEMENT TO ACCEPT GRANT FUNDING TO CONSTRUCT THE BLACK FOREST PARK-N-RIDE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLORADO SPRINGS: Section 1: The intergovernmental agreement to accept grant funding for construction of the Black Forest Park-n-Ride by City of Colorado Springs and from Colorado Department of Transportation, attached and made part of this resolution (“Agreement”), is approved. Section 2: The Mayor is authorized to execute and administer the Agreement for and on behalf of the City and the City Clerk is directed to attest the Mayor’s signature and affix the seal of the City. 2013.

DATED at Colorado Springs, Colorado, this ______ day of _______________

_____________________________________ Keith King, Council President ATTEST:

Sarah B. Johnson, City Clerk

Item No. 5A3B

FORMAL AGENDA ITEM COUNCIL MEETING DATE: October 22, 2013 TO:

President and Members of City Council

CC:

Mayor Steve Bach

VIA:

Laura Neumann, Chief of Staff/Chief Administrative Officer

FROM:

Peter Wysocki, Planning and Development Director Meggan Herington, Senior Planner

Subject Title:

Flying Horse Parcel Number 5

SUMMARY: This is a request by NES, Inc. on behalf of Pulpit Rock Investments for approval of a PUD zone change and PUD development plan for a 116-acre site located south of Flying Horse Club Drive, east of Vine Cliff Heights and west of future Powers Boulevard in the Flying Horse community. The rezone will change 116 acres from A (Agricultural) to PUD (Planned Unit Development). The PUD development plan for the site shows single-family lot development consisting of 234 lots, open space tracts, easements, public roads and a private road extension. The site is located in the Flying Horse community, south of Flying Horse Club Drive, east of Vine Cliff Heights and west of future Powers Boulevard. PREVIOUS COUNCIL ACTION: The Flying Horse Master Plan was approved in 2003 and depicts this property as Residential 2 – 3.5 Dwelling Units per Acre. The annexation of the property into the City of Colorado Springs was completed in 2004. The annexation, Master Plan and A (Agricultural) zoning of the property were previously approved by Council. BACKGROUND: The attached Planning Commission Record-of-Decision and the agenda from the September 19th meeting provide the detailed background information including maps and plans. The proposal will rezone the 116 acres from A (Agricultural) to PUD (Planned Unit Development). The property was zoned A with annexation into the City. The A zone is considered a holding zone until the property is ready for development. The PUD is a customized zone district that sets the specific use, density and height for the property. The Flying Horse Parcel Number 5 PUD will allow single-family residential development at a gross density of 2.02 dwelling units per acre and a maximum building height of 35 feet. There are 234 single family lots planned with this PUD, along with open space tracts, trails, easements, public roads and a private road extension (extension of Vine Cliff Heights).

1

Item No. 5A4A

The zone change is in conformance with the Master Plan and complies with the three (3) criteria for granting of zone changes as set forth in City Code Section 7.5.603(B) and the criteria for the establishment and development of a PUD zone as set forth in City Code Section 7.3.603. FINANCIAL IMPLICATIONS: None BOARD/COMMISSION RECOMMENDATION: The Planning Commission unanimously approved both applications at their September 19, 2013 meeting. STAKEHOLDER PROCESS: The public process included posting the site and sending postcards to 35 property owners within 500 feet. A neighborhood meeting was held on June 25, 2013 and was attended by approximately 15 neighbors. Those in attendance were Flying Horse residents as well as residents of the neighboring Stone Crossing development. Questions were raised about timing of road connections, development standards, trail connections and drainage. Staff did receive follow up correspondence from the Stone Crossing developer and HOA President with questions regarding drainage impacts to Stone Crossing. The applications were sent to the standard internal and external agencies for review and comment. All review comments have been addressed. Review agencies for this project included Colorado Springs Utilities, City Traffic, City Engineering, City Fire Dept. and Police/E-911, City Real Estate Services as well as School District 20, Air Force Academy, Regional Building, Floodplain and Enumerations. ALTERNATIVES: 1. Uphold the action of the City Planning Commission; 2. Modify the decision of the City Planning Commission; 3. Reverse the action of the City Planning Commission; or 4. Refer the matter back to the City Planning Commission for further consideration. RECOMMENDATION: Based on the findings made in the City Planning Commission agenda staff report, staff recommends approval of the PUD rezone and development plan. PROPOSED MOTION: File No. CPC PUZ 13-00058 – Change Of Zoning Approve the zone change from A (Agriculture) to PUD (Planned Unit Development: Detached SingleFamily Residential, 35 Feet Maximum Building Height, and 2.02 Dwelling Units per Acre), 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 City Code Section 7.5.603(B) and the criteria for the establishment and development of a PUD zone as set forth in City Code Section 7.3.603. File No. CPC PUD 13-00059 – Development Plan Approve the PUD Development Plan for Flying Horse Parcel Number 5, based upon the findings that the development plan meets the review criteria for PUD development plans as set forth in City Code Section 7.3.605, and the development plan review criteria as set forth in Section 7.5.502E

2

c:

William T. Davis, CSU

Attachments: − An ordinance amending the Zoning Map of the City of Colorado Springs relating to 116 acres located south of Flying Horse Club Drive, east of Vine Cliff Heights and west of future Powers Boulevard. − Development Application Review Criteria − CPC Record-of-Decision − CPC Agenda

3

ORDINANCE NO. 13-______ AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF COLORADO SPRINGS RELATING TO 116 ACRES LOCATED SOUTH OF FLYING HORSE CLUB DRIVE, EAST OF VINE CLIFF HEIGHTS AND WEST OF FUTURE POWERS BOULEVARD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLORADO SPRINGS Section 1. The zoning map of the City of Colorado Springs is hereby amended by rezoning 116 acres from A (Agricultural) to PUD (Planned Unit Development: Single-Family Residential with an overall density of two dwelling units per acre and a maximum building height of 35 feet) located south of Flying Horse Club Drive, east of Vine Cliff Heights and west of future Powers Boulevard for the property described in Exhibit A, attached hereto and made a part hereof by reference, pursuant to the Zoning Ordinance of the City of Colorado Springs. Section 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by Charter. Section 3. Council deems it appropriate that this ordinance be published by title and summary prepared by the City Clerk and that this ordinance shall be available for inspection and acquisition in the Office of the City Clerk. Introduced, read, passed on first reading and ordered published this ______ day of ______________________ 2013. Finally passed _________________

ATTEST: __________________________________ Sarah B. Johnson, City Clerk

CPC PUZ 13-00058 / mh

_______________________________ Keith King, Council President

EXHIBIT A

d, _________ w_________

CLASSIC

SM

OONSULTING ENGINEERS & SURVEYORS

6385 cOrPOrate Drive, Suite 101 (719) 785-{)790 Colorado Springs, Colorado 80919 (719) 785-0799 (Fax)

JOB NO. 1071.92-01R MAY 9, 2013 PAGE 1 OF 2

LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED WITHIN A PORTION OF SECTIONS 9 AND SECTION 16, TOWNSHIP 12 SOUTH, RANGE 66 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, EL PASO COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARINGS:

THE SOUTHERLY BOUNDARY OF FLYING HORSE NO.1 WEST RECORDED UNDER RECEPTION NO. 207712244, RECORDS OF EL PASO COUNTY, COLORADO, BEING MONUMENTED AT BOTH ENDS BY A NO.5 REBAR AND 1 Y, INCH ALUMINUM CAP STAMPED "JR ENG LTD RLS 10376 IS ASSUMED TO BEAR S89°50'42"E, A DISTANCE OF 2636.07 FEET;

COMMENCING AT AN ANGLE POINT ON THE SOUTHERLY BOUNDARY OF LOT 3, FLYING HORSE NO. 1 WEST RECORDED UNDER RECEPTION NO. 207712244, RECORDS OF EL PASO COUNTY, COLORADO, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ON THE SOUTHERLY BOUNDARY OF SAID FLYING HORSE NO.1 WEST, THE FOLLOWING (6) SIX COURSES: 1. 2. 3. 4. 5.

N71°00'00"E, A DISTANCE OF 170.73 FEET; S44°20'00"E, A DISTANCE OF 417.78 FEET; N43°00'00"E, A DISTANCE OF 277.39 FEET; N53°45'57"E, A DISTANCE OF 50.00 FEET TO A POINT ON CURVE; ON THE ARC OF A CURVE TO THE LEFT WHOSE CENTER BEARS S53°45'5TW, HAVING A DELTA OF 08°52'04", A RADIUS OF 325.00 FEET AND A DISTANCE OF SO.30 FEET TO A POINT ON CURVE; 6. N43°00'OO"E, A DISTANCE OF 272.79 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF FLYING HORSE NO. 31A, RECORDED UNDER RECEPTION NO. 207712605; THENCE S83°30'OO"E, ON THE SOUTHERLY BOUNDARY OF SAID FLYING HORSE NO. 31A, A DISTANCE OF 131.58 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY UNE OF FLYING HORSE CLUB DRIVE, AS PLATTED IN FLYING HORSE CLUB DRIVE FILING NO.1, UNDER RECEPTION NO. 206712333; THENCE ON THE SOUTHERLY RIGHT OF WAY UNE OF SAID FLYING HORSE CLUB DRIVE THE FOLLOWING FOUR (4) COURSES: 1. S75°38'12"E, A DISTANCE OF 58.30 FEET TO A POINT OF CURVE; 2. ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 61°03'47", A RADIUS OF 75.00 FEET AND A DISTANCE OF 79.93 FEET TO A POINT OF TANGENT 3. S14°34'25'E, A DISTANCE OF 47.41 FEET; 4. N90000'00"E, A DISTANCE OF 94.28 FEET; THENCE S16°00'OO"W, A DISTANCE OF 25.91 FEET TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 20°17'04", A RADIUS OF 100.00 FEET AND A DISTANCE OF 35.40 FEET TO A POINT OF COMPOUND CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA{)F 25°21'59", A RADIUS OF 287.50 FEET AND A DISTANCE OF 127.28 FEET TO A POINT OF COMPOUND CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 63°17'43", A RADIUS OF 416.50 FEET AND A DISTANCE OF 460.11 FEET TO A POINT OF REVERSE CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 38°30'49", A RADIUS OF 483.50 FEET AND A DISTANCE OF 325.00 FEET TO A POINT ON CURVE; THENCE N74°00'00"E, A DISTANCE OF 225.86 FEET;

CPC PUZ 13-00058 / mh

EXHIBIT A

JOB NO. 1071.92-01R MAY 9, 2013 PAGE20F2 THENCE S15°48'12"E, A DISTANCE OF 2504.76 FEET; THENCE S74 °11 '48'W, A DISTANCE OF 300.65 FEET TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 15°48'12", A RADIUS OF 728.50 FEET AND A DISTANCE OF 200.93 FEET TO A POINT OF TANGENT; THENCE N90000'00'W, A DISTANCE OF 412.99 FEET; THENCE NOOOOO'OO"E, A DISTANCE OF 325.90 FEET TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 48°30'00", A RADIUS OF 236.50 FEET AND A DISTANCE OF 200.19 FEET TO A POINT OF TANGENT; THENCE N48°30'00'W, A DISTANCE OF 406.60 FEET; THENCE N42°00'00'W, A DISTANCE OF 75.09 FEET; THENCE N48°30'00'W, A DISTANCE OF 241.52 FEET TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 07°30'00", A RADIUS OF 525.00 FEET AND A DISTANCE OF 68.72 FEET TO A POINT OF TANGENT; THENCE N41°00'00'W, A DISTANCE OF 82.85 FEET; THENCE S49°00'00'W, A DISTANCE OF 128.06 FEET TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 21°43'01", A RADIUS OF 725.00 FEET AND A DISTANCE OF 274.80 FEET TO A POINT OF REVERSE CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 30°43'01", A RADIUS OF 375.00 FEET AND A DISTANCE OF 201.04 FEET TO A POINT OF TANGENT; THENCE S40000'00'W, A DISTANCE OF 71.41 FEET; THENCE N50000'00'W, A DISTANCE OF 141.61 FEET TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 39°00'00", A RADIUS OF 175.00 FEET AND A DISTANCE OF 119.12 FEET TO A POINT TO A POINT OF TANGENT; THENCE N89°00'00'W, A DISTANCE OF 217.43 FEET TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 41°41'33", A RADIUS OF 255.00 FEET AND A DISTANCE OF 158.56 FEET TO A POINT OF TANGENT; THENCE N47°18'27'W, A DISTANCE OF 5.62 FEET TO A POINT ON THE EASTERLY BOUNDARY OF STONE CROSSING AT MIDDLE CREEK FILING NO.3, RECORDED UNDER RECEPTION NO. 206712340; THENCE ON THE EASTERLY BOUNDARY OF SAID STONE CROSSING AT MIDDLE CREEK FILING NO.3 THE FOLLOWING NINE (9) COURSES; 1. 2. 3. 4. 5. 6. 7. 8. 9.

NOo052'43'W, A DISTANCE OF 95.97 FEET; N42°41'33"E, A DISTANCE OF 49.38 FEET; N08°40'07'W, A DISTANCE OF 760.00 FEET; N13°40'10"E, A DISTANCE OF 95.35 FEET; N27°45'56"E, A DISTANCE OF 93.93 FEET; NOo052'43'W, A DISTANCE OF 122.54 FEET; N05°22'41"E, A DISTANCE OF 273.26 FEET; NOOOOO'OO"E, A DISTANCE OF 467.76 FEET; N89°50'42'W, A DISTANCE OF 36.96 FEET TO THE POINT OF BEGINNING

CONTAINING A CALCULATED AREA OF 116.031 ACRES.

LEGAL DESCRIPTION STATEMENT:

DOUGLAS P. R COLORADO P.LS. FORAND ON BE ENGINEERS AN

CPC PUZ 13-00058 / mh

DSURVEYOR

DEVELOPMENT APPLICATION REVIEW CRITERIA

PUD ZONE CHANGE REVIEW CRITERIA: 7.3.603: ESTABLISHMENT AND DEVELOPMENT OF A PUD ZONE: A. A PUD zone district may be established upon any tract of land held under a single ownership or under unified control, provided the application for the establishment of the zone district is accompanied by a PUD concept plan or PUD development plan covering the entire zone district which conforms to the provisions of this part. B. An approved PUD development plan is required before any building permits may be issued within a PUD zone district. The PUD development plan may be for all or a portion of the entire district. The review criteria for approval of the PUD concept plan and approval of a PUD development plan are intended to be flexible to allow for innovative, efficient, and compatible land uses. (Ord. 03-110, Ord. 12-68)

11

DEVELOPMENT APPLICATION REVIEW CRITERIA

7.5.603 (B): ESTABLISHMENT OR CHANGE OF ZONE DISTRICT BOUNDARIES: B:

A proposal for the establishment or change of zone district boundaries may be approved by the City Council only if the following findings are made: 1. The action will not be detrimental to the public interest, health, safety, convenience or general welfare. 2. The proposal is consistent with the goals and policies of the Comprehensive Plan. 3. Where a master plan exists, the proposal is consistent with such plan or an approved amendment to such plan. Master plans that have been classified as implemented do not have to be amended in order to be considered consistent with a zone change request. 4. For MU zone districts the proposal is consistent with any locational criteria for the establishment of the zone district, as stated in article 3, "Land Use Zoning Districts", of this Zoning Code. (Ord. 94-107; Ord. 97-111; Ord. 01-42; Ord. 03-157)

37

DEVELOPMENT APPLICATION REVIEW CRITERIA

7.3.606: REVIEW CRITERIA FOR DEVELOPMENT PLAN: A PUD development plan for land within a PUD zone shall be approved if it substantially conforms to the approved PUD concept plan and the PUD development plan review criteria listed below. An application for a development plan shall be submitted in accord with requirements outlined in article 5, parts 2 and 5 of this chapter. Unless otherwise specified by a development agreement, the project shall be vested by the PUD development plan in accord with section 7.9.101 and subsection 7.5.504(C)(2) of this chapter. A. Consistency with City Plans: Is the proposed development consistent with the Comprehensive Plan or any City approved master plan that applies to the site? B. Consistency with Zoning Code: Is the proposed development consistent with the intent and purposes of this Zoning Code? C. Compatibility Of The Site Design With The Surrounding Area: 1. Does the circulation plan minimize traffic impact on the adjacent neighborhood? 2. Do the design elements reduce the impact of the project's density/intensity? 3. Is placement of buildings compatible with the surrounding area? 4. Are landscaping and fences/walls provided to buffer adjoining properties from undesirable negative influences that may be created by the proposed development? 5. Are residential units buffered from arterial traffic by the provision of adequate setbacks, grade separation, walls, landscaping and building orientation? D. Traffic Circulation: 1. Is the circulation system designed to be safe and functional and encourage both on and off site connectivity? 2. Will the streets and drives provide logical, safe and convenient vehicular access to the facilities within the project? 3. Will adequately sized parking areas be located to provide safe and convenient access, avoid excessive parking ratios and avoid expanses of pavement? 4. Are access and movement of handicapped persons and parking of vehicles for the handicapped appropriately accommodated in the project design? 5. As appropriate are provisions for transit incorporated? E. Overburdening Of Public Facilities: Will the proposed development overburden the capacities of existing and planned streets, utilities, parks, and other public facilities? F. Privacy: Is privacy provided, where appropriate, for residential units by means of staggered setbacks, courtyards, private patios, grade separation, landscaping, building orientation or other means?

13

DEVELOPMENT APPLICATION REVIEW CRITERIA

G. Pedestrian Circulation: 1. Are pedestrian facilities provided, particularly those giving access to open space and recreation facilities? 2. Will pedestrian walkways be functionally separated from vehicular ways and located in areas that are not used by motor vehicles? H. Landscaping: 1. Does the landscape design comply with the City's landscape code and the City's landscape policy manual? 2. The use of native vegetation or drought resistant species including grasses is encouraged. The City's landscape policy manual or City Planning's landscape architect can be consulted for assistance. I.

Open Space: 1. Residential Area: A. Open Space: The provision of adequate open space shall be required to provide light, air and privacy; to buffer adjacent properties; and to provide active and passive recreation opportunities. All residential units shall include well designed private outdoor living space featuring adequate light, air and privacy where appropriate. Common open space may be used to reduce the park dedication requirements if the open space provides enough area and recreational facilities to reduce the residents' need for neighborhood parks. Recreational facilities shall reflect the needs of the type of residents and proximity to public facilities. B. Natural Features: Significant and unique natural features, such as trees, drainage channels, slopes, and rock outcroppings, should be preserved and incorporated into the design of the open space. The Parks and Recreation Advisory Board shall have the discretion to grant park land credit for open space within a PUD development that preserves significant natural features and meets all other criteria for granting park land credit. 2. Nonresidential And Mixed Use; Natural Features: The significant natural features of the site, such as trees, drainage channels, slopes, rock outcroppings, etc., should be preserved and are to be incorporated into the design of the open space.

J. Mobile Home Parks: Does a proposed mobile home park meet the minimum standards set forth in the mobile home park development standards table in section 7.3.104 of this article? (Ord. 03-110; Ord. 03-190, Ord. 12-68)

14

DEVELOPMENT APPLICATION REVIEW CRITERIA

7.5.502 (E): DEVELOPMENT PLAN REVIEW CRITERIA: E. Development Plan Review Criteria: A development plan shall be reviewed using the criteria listed below. No development plan shall be approved unless the plan complies with all the requirements of the zone district in which it is located, is consistent with the intent and purpose of this Zoning Code and is compatible with the land uses surrounding the site. Alternate and/or additional development plan criteria may be included as a part of an FBZ regulating plan. 1.

Will the project design be harmonious with the surrounding land uses and neighborhood?

2.

Will the proposed land uses be compatible with the surrounding neighborhood? Will the proposed development overburden the capacities of existing streets, utilities, parks, schools and other public facilities?

3.

Will the structures be located to minimize the impact of their use and bulk on adjacent properties?

4.

Will landscaping, berms, fences and/or walls be provided to buffer the site from undesirable views, noise, lighting or other off site negative influences and to buffer adjacent properties from negative influences that may be created by the proposed development?

5.

Will vehicular access from the project to streets outside the project be combined, limited, located, designed and controlled to channel traffic to and from such areas conveniently and safely and in such a manner which minimizes traffic friction, noise and pollution and promotes free traffic flow without excessive interruption?

6.

Will all the streets and drives provide logical, safe and convenient vehicular access to the facilities within the project?

7.

Will streets and drives within the project area be connected to streets outside the project area in such a way that discourages their use by through traffic?

8.

Will adequately sized parking areas be located throughout the project to provide safe and convenient access to specific facilities?

9.

Will safe and convenient provision for the access and movement of handicapped persons and parking of vehicles for the handicapped be accommodated in the project design?

10.

Will the design of streets, drives and parking areas within the project result in a minimum of area devoted to asphalt?

11.

Will pedestrian walkways be functionally separated from vehicular traffic and landscaped to accomplish this? Will pedestrian walkways be designed and located in combination with other easements that are not used by motor vehicles?

12.

Does the design encourage the preservation of significant natural features such as healthy vegetation, drainage channels, steep slopes and rock outcroppings? Are these significant natural features incorporated into the project design? (Ord. 94-107; Ord. 95125; Ord. 01-42; Ord. 02-64; Ord. 03-74; Ord. 03-157; Ord. 09-50; Ord. 09-78)

34

 

CITY OF COLORADO SPRINGS PLANNING COMMISSION  

RECORD-OF-DECISION

    CONSENT CALENDAR        DATE:     September 19, 2013    ITEM:    A.1, A.2    STAFF:    Meggan Herington    FILE NOS.:  CPC PUZ 13‐00058, CPC PUD 13‐00059    PROJECT:   Flying Horse Parcel Number 5      DECISION OF THE PLANNING COMMISSION  Moved by Commissioner Ham, seconded by Commissioner Henninger, to approve Item A.1‐File No. CPC  PUZ  13‐00058,  the  zone  change  from  A  (Agriculture)  to  PUD  (Planned  Unit  Development:  Detached  Single‐Family Residential,  35 Feet  Maximum Building Height, and 2.02 Dwelling Units per Acre), 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  City  Code  Section  7.5.603(B)  and  the  criteria  for  the  establishment  and  development of a PUD zone as set forth in City Code Section 7.3.603. Motion carried 7‐0 (Commissioner  Phillips absent).      Moved by Commissioner Ham, seconded by Commissioner Henninger, to approve Item A.2‐File No. CPC  PUD 13‐00059, the PUD Development Plan for Flying Horse Parcel Number 5, based upon the findings  that  the  development  plan  meets  the  review  criteria  for  PUD  development  plans  as  set  forth  in  City  Code  Section  7.3.606,  and  the  development  plan  review  criteria  as  set  forth  in  Section  7.5.502.E.   Motion carried 7‐0 (Commissioner Phillips absent).                             September 19, 2013    Date of Decision      Edward Gonzalez, Planning Commission Chair 

4   

CPC Agenda September 19, 2013 Page 7

CONSENT CALENDAR CITY PLANNING COMMISSION AGENDA ITEMS: A.1, A.2 STAFF: MEGGAN HERINGTON FILE NO(S): CPC PUZ 13-00058 – QUASI-JUDICIAL CPC PUD 13-00059 – QUASI-JUDICIAL PROJECT:

FLYING HORSE PARCEL NUMBER 5

APPLICANT:

NES, INC.

OWNER:

PULPIT ROCK INVESTMENTS, LLC

CPC Agenda September 19, 2013 Page 8

PROJECT SUMMARY: 1. Project Description: This project includes concurrent applications for a PUD (Planned Unit Development) zone change and PUD development plan for a 116-acre site located south of Flying Horse Club Drive, east of Vine Cliff Heights and west of future Powers Boulevard in the Flying Horse community. The rezone will change 116 acres from A (Agricultural) to PUD (Planned Unit Development). The PUD development plan for the site shows 234 single-family lots, open space tracts, public roads and a private road extension. (FIGURE 1) Staff is administratively reviewing two final plats within this development. Flying Horse No. 5 Milan Filing No. 1 will create 30 single-family lots, tracts, easements and public roads. Flying Horse No. 1 South will create five single-family lots with easements and a private road extension. 2. Applicant’s Project Statement: (FIGURE 2) 3. Planning and Development Department’s Recommendation: approval of the applications.

Staff recommends

BACKGROUND: 1. Site Address: The site is not currently addressed. It is located south of Flying Horse Club Drive, east of Vine Cliff Heights and west of future Powers Boulevard. 2. Existing Zoning/Land Use: The 116 acres is vacant. 3. Surrounding Zoning/Land Use: North: A (Agricultural)/ Club at Flying Horse South: A (Agricultural)/Future Single Family Residential East: A/Future Powers Boulevard West: PUD/Existing Single Family Residential 4. Comprehensive Plan/Designated 2020 Land Use: General Residential 5. Annexation: The property was annexed in January 2004 as a part of the Flying Horse Ranch Addition. 6. Master Plan/Designated Master Plan Land Use: The current Flying Horse Master Plan designates the property as Residential 2 – 3.5 Dwelling Units per Acre and Residential 2 Dwelling Units per Acre. 7. Subdivision: The property is unplatted. 8. Zoning Enforcement Action: None 9. Physical Characteristics: The property is vacant with some varying elevations and significant stands of scrub oak and other native vegetation. STAKEHOLDER PROCESS AND INVOLVEMENT: The public process included posting the site and sending postcards to 35 property owners within 500 feet. A neighborhood meeting was held on June 25, 2013 and was attended by approximately 15 neighbors. Those in attendance were Flying Horse residents as well as residents of the neighboring Stone Crossing development. Questions were raised about timing of road connections, development standards, trail connections and drainage. Staff did receive follow up correspondence from the Stone Crossing developer and homeowners association (HOA) President with questions regarding drainage impacts to Stone Crossing.

CPC Agenda September 19, 2013 Page 9

The applications were sent to the standard internal and external agencies for review and comment. All review comments have been addressed. Review agencies for this project included Colorado Springs Utilities, City Traffic, City Engineering, City Fire Dept. and Police/E-911, City Real Estate Services as well as School District 20, Air Force Academy, Regional Building, Floodplain and Enumerations. ANALYSIS OF REVIEW CRITERIA/MAJOR ISSUES/COMPREHENSIVE PLAN & MASTER PLAN CONFORMANCE: 1. Review Criteria / Design & Development Issues: PUD (Planned Unit Development) Rezone The proposal will rezone 116 acres from A (Agricultural) to PUD (Planned Unit Development). The property was zoned A with annexation into the City. The A zone is considered a holding zone until the property is ready for development. The PUD is a customized zone district that sets the specific use, density and height for the property. The Flying Horse Parcel Number Five PUD will allow single-family residential development at a gross density of 2.02 dwelling units per acre and a maximum building height of 35 feet. The rezone is in conformance with the Master Plan and does meet City Code standards for a PUD rezone request as set forth in City Code Sections7.3.603 and 7.5.603. Single Family Residential Development Plan The development plan covers 116 acres. The four lots at the northern portion of the site will be an extension of the Toscano development, which is a gated community. These four lots are accessed from existing Vine Cliff Heights. With this development plan, Vine Cliff Heights will be extended to a cul-de-sac serving existing and future lots. The development standards for these lots are different than the remainder of the Flying Horse Parcel Number 5. The lots are larger, custom lots with varying setbacks and lot coverage. The balance of the site will be known as the Milan neighborhood. The lotting pattern is the standard type of residential that is found throughout Flying Horse. Single-family residential lots range in size from 8,000 square feet to 14,508 square feet. The minimum lot width is 70 feet and minimum depth is 120 feet. This development will be accessed from a collector street south from the westerly roundabout on Flying Horse Club Drive. An access to the Stone Crossing Subdivision to the west is included. This street connection was planned with Stone Crossing. The internal street system within Flying Horse Parcel Number 5 has been designed to discourage traffic through Stone Crossing by avoiding a direct route to Voyager Parkway. Internal open space facilitates pedestrian connectivity throughout the development as well as connection to the larger Flying Horse trail system. A continuation of the La Foret Trail will extend from the existing portion within Stone Crossing and will extend into Flying Horse eventually connecting to the future neighborhood park. Staff does find that the plan meets the review criteria for PUD development plans as set forth in City Code Section 7.3.606 and the development plan review criteria as set forth in Section 7.5.502.E.

CPC Agenda September 19, 2013 Page 10

2. Conformance with the City Comprehensive Plan Comprehensive Plan 2020 Land Use Map: General Residential Comprehensive Plan Goals and Objectives: General Residential Objective LU 5: Develop Cohesive Residential Areas Objective LU 6: Meet the Housing Needs of All Segments of the Community Objective N 1: Focus On neighborhoods Objective N3: Vary Neighborhood Patterns Objective CCA 6: Fit New Development into the Character of the Surrounding Area It is the finding of Staff that the Flying Horse Parcel Number 5 will substantially conform to the City Comprehensive Plan 2020 Land Use Map and the Plan’s goals and objectives. 3. Conformance with the Area’s Master Plan: This property is part of the Flying Horse Master Plan. It is split between the areas of Parcel 1S which allows residential densities of two (2) dwelling units per acre and Parcel 5A which allows residential densities of 2 – 3.5 Dwelling Units per Acre. All development within this designated area must be single family within the stated density ranges. The request for a rezone and development plan does fall within this required density ranges and will further the development of the property per the approved Master Plan. It is the finding of Staff that the Flying Horse Parcel Number 5 development plan is in compliance with the Flying Horse Master Plan. STAFF RECOMMENDATION: Item: A.1 CPC PUZ 13-00058 – Change of Zoning To PUD Approve the zone change from A (Agriculture) to PUD (Planned Unit Development: Detached Single-Family Residential, 35 Feet Maximum Building Height, and 2.02 Dwelling Units per Acre), 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 City Code Section 7.5.603(B) and the criteria for the establishment and development of a PUD zone as set forth in City Code Section 7.3.603. Item: A.2 CPC PUD 13-00059 – Flying Horse Parcel Number 5 Development Plan Approve the PUD Development Plan for Flying Horse Parcel Number 5, based upon the findings that the development plan meets the review criteria for PUD development plans as set forth in City Code Section 7.3.606, and the development plan review criteria as set forth in Section 7.5.502E.

CPC Agenda September 19, 2013 Page 11

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d, _________ w_________

CLASSIC

SM

OONSULTING ENGINEERS & SURVEYORS

6385 cOrPOrate Drive, Suite 101 (719) 785-{)790 Colorado Springs, Colorado 80919 (719) 785-0799 (Fax)

JOB NO. 1071.92-01R MAY 9, 2013 PAGE 1 OF 2

LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED WITHIN A PORTION OF SECTIONS 9 AND SECTION 16, TOWNSHIP 12 SOUTH, RANGE 66 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, EL PASO COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARINGS:

THE SOUTHERLY BOUNDARY OF FLYING HORSE NO.1 WEST RECORDED UNDER RECEPTION NO. 207712244, RECORDS OF EL PASO COUNTY, COLORADO, BEING MONUMENTED AT BOTH ENDS BY A NO.5 REBAR AND 1 Y, INCH ALUMINUM CAP STAMPED "JR ENG LTD RLS 10376 IS ASSUMED TO BEAR S89°50'42"E, A DISTANCE OF 2636.07 FEET;

COMMENCING AT AN ANGLE POINT ON THE SOUTHERLY BOUNDARY OF LOT 3, FLYING HORSE NO. 1 WEST RECORDED UNDER RECEPTION NO. 207712244, RECORDS OF EL PASO COUNTY, COLORADO, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ON THE SOUTHERLY BOUNDARY OF SAID FLYING HORSE NO.1 WEST, THE FOLLOWING (6) SIX COURSES: 1. 2. 3. 4. 5.

N71°00'00"E, A DISTANCE OF 170.73 FEET; S44°20'00"E, A DISTANCE OF 417.78 FEET; N43°00'00"E, A DISTANCE OF 277.39 FEET; N53°45'57"E, A DISTANCE OF 50.00 FEET TO A POINT ON CURVE; ON THE ARC OF A CURVE TO THE LEFT WHOSE CENTER BEARS S53°45'5TW, HAVING A DELTA OF 08°52'04", A RADIUS OF 325.00 FEET AND A DISTANCE OF SO.30 FEET TO A POINT ON CURVE; 6. N43°00'OO"E, A DISTANCE OF 272.79 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF FLYING HORSE NO. 31A, RECORDED UNDER RECEPTION NO. 207712605; THENCE S83°30'OO"E, ON THE SOUTHERLY BOUNDARY OF SAID FLYING HORSE NO. 31A, A DISTANCE OF 131.58 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY UNE OF FLYING HORSE CLUB DRIVE, AS PLATTED IN FLYING HORSE CLUB DRIVE FILING NO.1, UNDER RECEPTION NO. 206712333; THENCE ON THE SOUTHERLY RIGHT OF WAY UNE OF SAID FLYING HORSE CLUB DRIVE THE FOLLOWING FOUR (4) COURSES: 1. S75°38'12"E, A DISTANCE OF 58.30 FEET TO A POINT OF CURVE; 2. ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 61°03'47", A RADIUS OF 75.00 FEET AND A DISTANCE OF 79.93 FEET TO A POINT OF TANGENT 3. S14°34'25'E, A DISTANCE OF 47.41 FEET; 4. N90000'00"E, A DISTANCE OF 94.28 FEET; THENCE S16°00'OO"W, A DISTANCE OF 25.91 FEET TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 20°17'04", A RADIUS OF 100.00 FEET AND A DISTANCE OF 35.40 FEET TO A POINT OF COMPOUND CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA{)F 25°21'59", A RADIUS OF 287.50 FEET AND A DISTANCE OF 127.28 FEET TO A POINT OF COMPOUND CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 63°17'43", A RADIUS OF 416.50 FEET AND A DISTANCE OF 460.11 FEET TO A POINT OF REVERSE CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 38°30'49", A RADIUS OF 483.50 FEET AND A DISTANCE OF 325.00 FEET TO A POINT ON CURVE; THENCE N74°00'00"E, A DISTANCE OF 225.86 FEET;

FIGURE 1

CPC Agenda September 19, 2013 Page 22

JOB NO. 1071.92-01R MAY 9, 2013 PAGE20F2 THENCE S15°48'12"E, A DISTANCE OF 2504.76 FEET; THENCE S74 °11 '48'W, A DISTANCE OF 300.65 FEET TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 15°48'12", A RADIUS OF 728.50 FEET AND A DISTANCE OF 200.93 FEET TO A POINT OF TANGENT; THENCE N90000'00'W, A DISTANCE OF 412.99 FEET; THENCE NOOOOO'OO"E, A DISTANCE OF 325.90 FEET TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 48°30'00", A RADIUS OF 236.50 FEET AND A DISTANCE OF 200.19 FEET TO A POINT OF TANGENT; THENCE N48°30'00'W, A DISTANCE OF 406.60 FEET; THENCE N42°00'00'W, A DISTANCE OF 75.09 FEET; THENCE N48°30'00'W, A DISTANCE OF 241.52 FEET TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 07°30'00", A RADIUS OF 525.00 FEET AND A DISTANCE OF 68.72 FEET TO A POINT OF TANGENT; THENCE N41°00'00'W, A DISTANCE OF 82.85 FEET; THENCE S49°00'00'W, A DISTANCE OF 128.06 FEET TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 21°43'01", A RADIUS OF 725.00 FEET AND A DISTANCE OF 274.80 FEET TO A POINT OF REVERSE CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 30°43'01", A RADIUS OF 375.00 FEET AND A DISTANCE OF 201.04 FEET TO A POINT OF TANGENT; THENCE S40000'00'W, A DISTANCE OF 71.41 FEET; THENCE N50000'00'W, A DISTANCE OF 141.61 FEET TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 39°00'00", A RADIUS OF 175.00 FEET AND A DISTANCE OF 119.12 FEET TO A POINT TO A POINT OF TANGENT; THENCE N89°00'00'W, A DISTANCE OF 217.43 FEET TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 41°41'33", A RADIUS OF 255.00 FEET AND A DISTANCE OF 158.56 FEET TO A POINT OF TANGENT; THENCE N47°18'27'W, A DISTANCE OF 5.62 FEET TO A POINT ON THE EASTERLY BOUNDARY OF STONE CROSSING AT MIDDLE CREEK FILING NO.3, RECORDED UNDER RECEPTION NO. 206712340; THENCE ON THE EASTERLY BOUNDARY OF SAID STONE CROSSING AT MIDDLE CREEK FILING NO.3 THE FOLLOWING NINE (9) COURSES; 1. 2. 3. 4. 5. 6. 7. 8. 9.

NOo052'43'W, A DISTANCE OF 95.97 FEET; N42°41'33"E, A DISTANCE OF 49.38 FEET; N08°40'07'W, A DISTANCE OF 760.00 FEET; N13°40'10"E, A DISTANCE OF 95.35 FEET; N27°45'56"E, A DISTANCE OF 93.93 FEET; NOo052'43'W, A DISTANCE OF 122.54 FEET; N05°22'41"E, A DISTANCE OF 273.26 FEET; NOOOOO'OO"E, A DISTANCE OF 467.76 FEET; N89°50'42'W, A DISTANCE OF 36.96 FEET TO THE POINT OF BEGINNING

CONTAINING A CALCULATED AREA OF 116.031 ACRES.

LEGAL DESCRIPTION STATEMENT:

DOUGLAS P. R COLORADO P.LS. FORAND ON BE ENGINEERS AN

DSURVEYOR

FIGURE 1

CPC Agenda September 19, 2013 Page 23

( PROJECT STATEMENT - FLYING HORSE PARCEL #5 APRIL 2013

Flying Horse Parcel #5 is located along the west side of proposed Powers Boulevard, south of Flying Horse Club Drive. This parcel is designated for Residential use at a density of 2-3.5 units per acre on the Flying Horse Master Plan. A portion of Parcel #lS is included in this application, designated on the Flying Horse Master Plan as Residential use with a density of 2 units per acre. Although one Development Plan is proposed to cover this area, there will be two single family residential product types shown on the Development Plan. Four lots will be created at the northwest portion ofthe site. These lots will be a continuation and completion ofthe Toscano area of Flying Horse, a gated community. Access to these lots will be from an extension of Vine Cliff Heights, a private street accessed through the gate at Weiskopf Point. These four lots will have different development regulations than the remainder ofthe Development Plan. The remainder and majority of this Development Plan will be access_ed from a collector street that will lead south from the westerly roundabout on Flying Horse Club Drive. This collector will parallel Powers Boulevard then bend southwest to lead to the "table rock feature" in a proposed park. A continuation of the collector street system will disperse traffic to a crossing of Powers Boulevard and to the South to the Deer Creek Subdivision, and eventually to Voyager Parkway. Only a portion of this overall collector system is a part ofthis application. An access to the Stone Crossing Subdivision to the west is included in this Development Plan. This street connection was planned with the Stone Crossing subdivision. The internal street system in Flying Horse Parcel #5 has been designed to discourage through traffic through Stone Crossing by avoiding a direct route to the collector street system. The central feature of this portion of the Flying Horse Master Plan will be a neighborhood park with the "table rock feature" and ball fields. This park will be included in the next phase of development to allow for a grading program that will facilitate ball field development. A continuation of the La Foret Trail will extend from the Stone Crossing portion of this trail (constructed) to and through the park, then along the southern boundary ofthis Development Plan to the Powers Boulevard crossing. Applicant has worked with CDOT to determine the future vertical and horizontal alignment of future Powers Boulevard. Powers will be depressed approximately 20 feet from existing grade so that subdivision lots will be high relative to the road. A noise evaluation for Powers Boulevard through Flying Horse prepared by Hankard Environmental in 2002 indicates that where Powers is depressed, a setback from the centerline of the highway of 150 feet will be required in order to meet accepted noise standards. Lot design in this Development Plan meets or exceeds this requirement.

FIGURE 2

CPC Agenda September 19, 2013 Page 24

There are approximately 230 lots within this Development Plan, several open space tracts and mail kiosk tracts. Open Space tracts are located in areas where steep slopes and lot design precludes inclusion of these areas in larger lots. Most lots have a minimum design size of 70' wide by 120' deep. Lots located along the top of the ridgeline that extends southeast from Toscano will be wider than the design width. A tract that will contain a trail connection separates the Toscano lots from the remainder of the subdivision and will provide pedestrian access 0 the Club at Flying Horse. Zone Change Review Criteria 1. The action will not be detrimental to the public interest, health, safety, convenience or general welfare. The requested Zone Change is in conformance with and

implements the Flying Horse Master Plan and therefore has been determined to be in the public interest. Major Infrastructure to serve this area is in place, or will be put in place with the development of this parcel. 2. The proposal is consistent with the goals and policies of the Comprehensive Plan.

This review criterion is met because the Zone Change will implement the Flying Horse Master Plan, a component of the Comprehensive Plan. 3. Where a master plan exists, the proposal is consistent with such plan or an approved amendment to such plan. Master plans that have been classified as implemented do not have to be amended to be considered consistent with a zone change request.

This requested Zone Change is in conformance with and Implements the Flying Horse Master Plan. Development Plan Review Criteria 1. Will the project design be harmonious with the surrounding land uses and neighborhood? This parcel provides a transition in lot size from the larger Toscano lots

to the Turin neighborhood sized lots located to the east of proposed Powers. Lot sizes are similar to and compatible with the adjacent Stone Crossing lots. All adjacent properties have single family land use or vacant property. 2. Will the proposed land uses be compatible with the surrounding neighborhood? Will the proposed development overburden the capacities of existing streets, utilities, parks, schools and other public facilities? Proposed single family land use is similar to single

family land use in adjacent subdivisions. The proposed density is consistent with the Flying Horse Master Plan; this density was anticipated for this parcel, and infrastructure has been planned accordingly.

FIGURE 2

CPC Agenda September 19, 2013 Page 25

3. Will the structures be located to minimize the impact of their use and bulk on adjacent properties? Structures will be of similar size, height and bulk as adjacent residential properties. 4. Will landscaping, berms, fences and/or walls be provided to buffer the site from undesirable views, noise, lighting or other off-site negative influences and to buffer adjacent properties from the negative influences that may be created by the proposed development? The only potential site impact will be from Powers Boulevard noise, which is discussed In detail above and covered by an environmental evaluation enclosed with this application. 5. Will vehicular access from the project to the streets outside the project be combined, limited, located, designed and controlled to channel traffic to and from such areas conveniently and safely and in such a manner which minimizes traffic friction, noise and pollution and promotes free traffic flow without excessive interruption? There are a limited number of access opportunities for this portion of Flying Horse. Access to the north is limited to a collector connection to Flying Horse Club Drive. Access to the west is limited to a residential street connection to Stone Crossing. There is no access permitted to Powers Boulevard to the east, however, a collector street connection to the east of Powers will be provided. Access to the south is limited to a collector connection to Deer Creek, which is beyond the limits of this Plan. The street system is described in detail in the Project Statement above. 6. Will all the streets and drives provide logical, safe and convenient vehicular access to the facilities within the project? Yes. Access to Powers Boulevard and Highway 83 via Flying Horse Club Drive will be provided in the first phase. This access also will provide access to the Club at Flying Horse, the social and recreational hub of the development. 7. Will streets and drives within the project area be connected to streets outside the project area in such a way that discourages their use by through traffic? Yes. The collector street system delivers traffic to arterial streets with interruptions designed into the system as changes in direction and turns. 8. Will adequately sized parking areas be located throughout the project to provide safe and convenient access to specific facilities? Parking will be provided on each lot in garages and driveways. 9. Will safe and convenient provision for the access and movement of handicapped persons and parking of vehicles for the handicapped be accommodated in the project design? Individual homes will be designed specifically for any handicapped purchasers.

FIGURE 2

CPC Agenda September 19, 2013 Page 26

(

(

10. Will the design of streets, drives and parking areas within the project result in a minimum of area devoted to asphalt? The street system is designed to provide access to individual home sites. Driveway length is governed by City regulations. 11. Will pedestrian walkways be functionally separated from vehicular traffic and landscaped to accomplish this? Will pedestrian walkways be designed and located in combination with other easements that are not used by motor vehicles? The primary pedestrian system is the sidewalk system, which is compliant with City Subdivision design standards. In addition. The La Foret Trail traverses this subdivision on the southern boundary and provided pedestrian connection to the west (constructed) and will eventually connect to the east at Shoup Road. The trail accesses a future park just to the south of the subject parcel 12. Does the design encourage the preservation of significant natural features such as healthy vegetation, drainage channels, steep slopes and rock outcroppings? Are these Significant natural features incorporated into the project design? Steep slopes and rock out croppings have been incorporated into lots or tracts. Some 4foot to 8 foot pine trees will be transplanted into the future park, and used in landscaping of tracts.

FIGURE 2

MEETING DATE:

October 22, 2013

TO:

President and Members of City Council

FROM:

Jerry Forte, P.E., Chief Executive Officer

RE:

A RESOLUTION AUTHORIZING THE USE OF EMINENT DOMAIN TO CONDEMN CERTAIN PROPERTY RIGHTS FOR SOUTHERN DELIVERY SYSTEM PROJECT IMPROVEMENTS

UTILITIES’ STRATEGIC GOAL(S) THIS ITEM SUPPORTS: 1 - Plan, Build, Rehabilitate, and Maintain Infrastructure. SUMMARY: The resolution being submitted addresses easements required to build the Southern Delivery System (SDS) project. Easements on this property owned by one entity are necessary for construction activities scheduled in El Paso County in early 2014 and may require Court intervention to finalize the acquisition based on the following circumstances. This property is owned by one out of state entity. This entity has been generally unresponsive to the City’s communications. The City has made an offer based on an independent appraisal and offered to pay for an appraisal on behalf of the owner. The City is unaware of the owner obtaining its own appraisal. The owner has neither accepted nor rejected the City’s offer and the lack of response is creating delay. Approval of this resolution will authorize the filing for possession of the needed easements in El Paso County District Court. The interactions with this property owner are well documented, and we have provided a brief summary of the circumstances below. PREVIOUS COUNCIL ACTION: On September 23, 2008, September 8, 2009, May 12, 2009 and February 14, 2012, City Council approved Resolutions No. 170-08, 198-09, 101-09, 20-12, and 6-13 respectively, determining that the SDS Project Improvements benefit the public health, safety and welfare, and are needed for the operation of an essential public water system for the citizens of the City of Colorado Springs, which is a valid and necessary public purpose, and that it is necessary to acquire and obtain immediate possession and use of the real property interests identified in the attached resolution. Since September 8, 2009, City Council has passed a number of resolutions authorizing a total of 209 closings on property transactions for the SDS project. On October 26, 2010, February 22, 2011, March 8, 2011, April 12, 2011, April 24, 2012, July 10, 2012, December 11, 2012 and June 25, 2013 City Council approved Resolution Nos. 193-10, 32-11, 49-11, 77-11, 67-12, 97-12, 98-12, 184-12, and 67-13, respectively, authorizing the use of eminent domain to acquire property interests required to build the SDS project in Pueblo and El Paso Counties.

Item No. 9

BACKGROUND: Pursuant to the provisions of the Colorado Constitution and the Colorado Springs City Charter, the City is empowered to acquire real property by suitable means of conveyance, or through institution of eminent domain proceedings, for all land necessary for Utilities projects. The City of Colorado Springs Procedures Manual for the Acquisition and Disposition of Real Property Interests sets forth the City’s standard policies for the acquisition of these property interests, including the use of eminent domain. To ensure the SDS right-of-way is acquired to allow construction of the pipeline to proceed on schedule and without delays, and to avoid the increased costs associated with such delays, staff is requesting Council authorization to initiate eminent domain proceedings for these properties. Efforts to resolve these matters will continue even after the resolution is approved to ensure eminent domain is used only as a matter of last resort. FINANCIAL IMPLICATIONS: budget.

The land acquisitions are included in the 2013 SDS Project

BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: The City of Colorado Springs Procedures Manual for the Acquisition and Disposition of Real Property Interests sets forth the City’s policies and processes for the acquisition of property interests. We ensure fairness and consistency by following established real estate acquisition guidelines related to acquiring property including processes for determining compensation for property owners. Our offers are based both on the fair market value of the easement area and how the easement impacts the future use of the property based on Appraisal methodologies practiced by licensed appraisers and land valuation professionals. The value of an easement is determined by assessing the value of the underlying land, evaluating existing land use restrictions, and then adjusting the value determination to reflect impacts to the owner’s use of the affected property. Our need to obtain easements is consistent with our intention of minimizing property owners’ restrictions on their property, while providing adequate protection for the project facilities. The value of the easements and fee simple parcels were determined after diligent evaluation and consideration of the sales of comparable properties in terms of location, amenities and land use. The final purchase prices for those comparable properties consistently support the underlying values used in determining the compensation offered for the easements. We have reached more than 200 agreements and each agreement has been completed in a manner consistent with the process we are following in acquiring the easements identified in the resolution. Even if an eminent domain process is initiated, we are committed to continuing discussions with property owners to reach a mutually beneficial conclusion and avoid the need to rely on a formal court process, if possible. The following briefly summarizes the circumstance with these properties: APN 6336418006: The City obtained an appraisal on this property and has made an offer based on its appraisal. The owner has been provided the Notice of Intent to Acquire which 2

provides the owner an opportunity to obtain its own appraisal as the City’s expense. At this time, the owner has not proceeded to obtain an appraisal. Continuing efforts will be made to achieve a successful negotiation to acquire the easements. Use of condemnation will only be used as a last resort to maintain project schedules and avoid costly delays. ALTERNATIVES: We will continue attempts to negotiate a settlement on these property acquisitions with the owner’s representatives. However, if the owner continues to be unresponsive, the Court process may be required to avoid construction delays. RECOMMENDATION: Move approval of proposed resolution. PROPOSED MOTION: Approval of proposed resolution. c:

Utilities’ Officer Team City Real Estate Services

3

Resolution No.

A RESOLUTION AUTHORIZING THE USE OF EMINENT DOMAIN TO CONDEMN CERTAIN RIGHTS OF WAY FOR SOUTHERN DELIVERY SYSTEM PROJECT IMPROVEMENTS WHEREAS, the City of Colorado Springs (the "City"), by and through its enterprise Colorado Springs Utilities ("Utilities"), currently provides utility systems, including water systems, as authorized by Article 1, Section 1-20(d) of the Charter of the City of Colorado Springs; and WHEREAS, the City entered into the Intergovernmental Agreement for Construction of the Southern Delivery System dated August 1, 2003 ("SDS IGA"), as amended from time to time, in which the City, the Security Water District, the City of Fountain, and the Pueblo West Metropolitan District agreed to work together to design and construct the SDS Project with Utilities performing the role of project manager; and WHEREAS, the SDS Project has been an approved capital project within the budget of Colorado Springs Utilities since 2002; and WHEREAS, on July 22, 2009, the Utilities Board directed SDS Project staff to move forward implementing the first phase of SDS with an in-service date of 2016; and WHEREAS, pursuant to the provisions of the Colorado Constitution and the Colorado Springs City Charter, the City is empowered to acquire property by lease, purchase, gift, bequest, dedication or other suitable means of conveyance, or through institution of eminent domain proceedings, for all land necessary for public projects, including those completed by Utilities; and WHEREAS, on September 23, 2008, September 8, 2009, May 12, 2009, February 14, 2012 and January 22, 2013 City Council approved Resolutions No. 170-08, 198-09, 101-09, 2012, and 6-13, respectively determining that the SDS Project Improvements benefit the public health, safety and welfare, and are needed for the operation of an essential public water system for the citizens of the City of Colorado Springs, which is a valid and necessary public purpose, and that the acquisition and immediate possession and use of the real property interests identified below are necessary to enable the City to construct and complete the SDS Project Improvements; and WHEREAS, on October 26, 2010, February 22, 2011, March 8, 2011, April 12, 2011, April 24, 2012, July 10, 2012, December 11, 2012 and June 25, 2013, City Council approved Resolution Nos. 193-10, 32-11, 49-11, 77-11, 67-12, 97-12, 98-12, 184-12, and 67-13, respectively, authorizing the City Attorney to take all action necessary to acquire the rights in certain properties necessary to construct the SDS Project Improvements by voluntary agreement after continued negotiations, eminent domain or other appropriate proceedings; and WHEREAS, Utilities needs to acquire rights in the following property as set forth below and in the legal descriptions attached hereto because such rights are necessary for completion of the SDS Project Improvements; and

1

WHEREAS, Utilities needs to obtain possession of these properties as soon as possible in order to maintain its construction schedule and budget: Assessor’s Parcel Number (APN) 6336418006

Property Interest

Easements

Legal Description Exhibit 1

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLORADO SPRINGS, COLORADO: SECTION 1. The City Council finds that it is in the interest of the public health, safety and welfare and that it has a need for and it is necessary to acquire certain property rights in the Properties as set forth in this Resolution and the legal descriptions attached hereto and incorporated herein by this reference for the purpose of constructing the SDS Project Improvements and related facilities which is a public purpose. SECTION 2. The City Attorney is hereby authorized to take all action necessary to acquire the rights in the Properties listed above and described in the attached legal descriptions and to seek immediate possession of such Properties by voluntary agreement after continued negotiations, eminent domain or other appropriate proceedings. SECTION 3. This Resolution shall be in full force and effect immediately upon its adoption. Dated at Colorado Springs, Colorado this

day of

, 2013.

Keith King, Council President Attest:

City Clerk

2

MEETING DATE: October 22, 2013 TO:

President and Members of City Council

FROM:

Jerry Forte, P.E., Chief Executive Officer

SUBJECT:

A RESOLUTION APPOINTING A MEMBER OF THE BOARD OF DIRECTORS OF THE FOUNTAIN VALLEY AUTHORITY TO FILL A THREE-YEAR TERM EFFECTIVE JANUARY 1, 2014 AND ENDING DECEMBER 31, 2016

UTILITIES’ STRATEGIC GOAL(S) THIS ITEM SUPPORTS: Maintain Infrastructure.

I1: Plan, Build, Rehabilitate and

SUMMARY: The Articles of Incorporation of the Fountain Valley Authority provide that the City of Colorado Springs shall appoint four members of the Board of Directors of the Fountain Valley Authority for a term of three-years. The position vacated by Rita Simon - Soller on December 31, 2013 will make it necessary for City Council to appoint the position to fill the three-year term which will begin on January 1, 2014 and end on December 31, 2016. The attached resolution would newly appoint Jeff Crockett. PREVIOUS COUNCIL ACTION: By Resolution No. 210-10, dated November 9, 2010 appointing Rita Simon- Soller to a three-year term expiring on December 31, 2013. BACKGROUND: The Fountain Valley Authority is a water authority established as a separate legal and governmental entity, and a political subdivision under the laws of Colorado, and consists of the following entities: The City of Colorado Springs, The City of Fountain, Widefield Water and Sanitation District, Security Water District, and Stratmoor Hills Water District. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: N/A STAKEHOLDER PROCESS: N/A ALTERNATIVES: Do not approve the proposed resolution. RECOMMENDATIONS: resolution.

Colorado Springs Utilities recommends approval of the proposed

PROPOSED MOTION: Move approval of the proposed resolution. c: Officer Team

Item No. 10

RESOLUTION NO. _______ A RESOLUTION APPOINTING A MEMBER OF THE BOARD OF DIRECTORS OF THE FOUNTAIN VALLEY AUTHORITY TO FILL A THREE-YEAR TERM EFFECTIVE JANUARY 1, 2014 AND ENDING DECEMBER 31, 2016

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLORADO SPRINGS: Jeff Crockett is appointed as a Board Member of the Fountain Valley Authority effective January 1, 2014. Dated at Colorado Springs, Colorado this ____ Day of ________________, 2013.

By Keith King, City Council President

ATTEST:

Sarah B. Johnson, City Clerk

Item No. 11

Item No. 12

REGULAR MEETING AGENDA ITEM COUNCIL MEETING DATE: October 22, 2013 TO:

President and Members of City Council

CC:

Mayor Steve Bach

VIA:

Laura Neumann, Chief of Staff/Chief Administrative Officer

FROM:

Dan Gallagher, Interim Director of Aviation

Subject:

AN ORDINANCE AMENDING ORDINANCE NO. 12-108 (2013 APPROPRIATION ORDINANCE) FOR A SUPPLEMENTAL APPROPRIATION TO THE AIRPORT CAPITAL FUND IN THE AMOUNT OF $650,000 FOR THE DESIGN AND BID PHASES FOR THE REHABILITATION OF TAXIWAYS E, G AND H (PHASE V) PROJECT AT THE COLORADO SPRINGS AIRPORT

SUMMARY: Attached is an ordinance to establish appropriations and funding for the design and bid phases of the Rehabilitation of Taxiways E, G and H (Phase V) project at the Colorado Springs Airport. This airfield project will be the final phase of the on-going Runway 17L/35R pavement system rehabilitation; the taxiway rehabilitation portion began in 2007. PREVIOUS COUNCIL ACTION: In 2006, City Council approved the initial phase of a multi-year program to rehabilitate Taxiways E, G and H, the taxiway system that serves the primary air carrier runway (Runway 17L/35R) at the Colorado Springs Airport. Since that time, City Council has approved several additional design/construction phases. City Council has also authorized the Director of Aviation to accept and execute several Airport Improvement Program (AIP) grants from the Federal Aviation Administration (FAA) to fund the various project phases. BACKGROUND: In a report to City Council in late 2003, the Airport identified a condition that was causing airfield paving to deteriorate at the Colorado Springs Airport. Known as Alkali Silica Reactivity, or ASR, the condition causes a chemical reaction that weakens the internal structure of concrete, significantly shortening the service life of the affected pavement system. On staff’s recommendation, City Council authorized a study that demonstrated the need to replace the pavement system on Runway 17L/35R and associated taxiways. Due to safety concerns, the replacement of Runway 17L/35R was deemed to be the highest priority by both the Airport and the FAA. Over a period of three years (2004-2006), the FAA funded a $36.1 million project to replace the Runway 17L/35R pavement system, which was completed in 2007. The rehabilitation of the taxiways was less critical from a safety standpoint; accordingly, they were given a lower priority for federal funding by the FAA. To maximize the use of FAA funds, the Airport and the FAA agreed to a flexible phasing approach for the project. Funding for design of a portion of the entire project was authorized in November 2006. When FAA funds became available in 2007, the Airport initiated Phase I of the construction project. Since then, several additional design and construction phases have been completed. In coordination with the FAA and Airport stakeholders, the 2014 project has been

Item No. 13

identified as the reconstruction of a portion of Taxiways E, G and H. This appropriation will fund the design and bid phases of the Rehabilitation of Taxiways E, G and H (Phase V) project. FINANCIAL IMPLICATIONS: The Airport intends to use 2014 Airport Improvement Program (AIP) funding in the estimated amount of $585,000 and Passenger Facility Charge (PFC) proceeds in the amount of approximately $65,000 to fund the design and bid phases. A PFC application will be submitted to the Federal Aviation Administration in late 2013. As with most PFC projects, PFC collections will lag behind the actual need for funds. In the interim, the PFC portion will be funded out of the Airport Capital Fund, which will be reimbursed as PFC proceeds are collected. In September 2013, the Airport applied for a loan from the Colorado Department of Transportation (CDOT) State Infrastructure Bank (SIB) to fund the PFC and Airport Capital Fund portions of on-going and planned capital projects through the end of 2014. If approved, the loan would fund the PFC balance of this project so that the Airport Capital Fund could instead be utilized to pay down the Airport’s bond debt. However, if approval is not granted by CDOT, the Airport will pay the PFC portion out of the Airport Capital Fund and await reimbursement, as outlined above. BOARD/COMMISSION RECOMMENDATION: Capital improvement projects are presented to the Airport Advisory Commission as they are developed and ongoing status reports are provided as each project progresses. STAKEHOLDER PROCESS: The Airport is an enterprise fund that obtains capital funding from FAA grants, State grants, Passenger Facility Charges, Customer Facility Charges, and the Airport Capital Improvement Fund. While no stakeholder process is required for the approval of capital expenditures under these programs, the Airport seeks public input through the Airport Advisory Commission process. In addition, the Airport coordinates PFC-funded projects with the airlines that provide service to Colorado Springs. ALTERNATIVES: Without an appropriation ordinance to establish funding, the Airport will not have the authority to proceed with design and may risk losing an opportunity to receive FAA grant funding for the project. RECOMMENDATION: Airport staff recommends approval of this ordinance. PROPOSED MOTION: Move to amend Ordinance No. 12-108 (2013 Appropriation Ordinance) in the amount of $650,000 for the design and bid phases for the Rehabilitation of Taxiways E, G and H (Phase V) project at the Colorado Springs Airport. Attachments: − An ordinance amending Ordinance No. 12-108 (2013 Appropriation Ordinance) in the amount of $650,000 for the design and bid phases for the Rehabilitation of Taxiways E, G and H (Phase V) project at the Colorado Springs Airport.

ORDINANCE NO. 13-__________ AN ORDINANCE AMENDING ORDINANCE NO. 12-108 (2013 APPROPRIATION ORDINANCE) FOR A SUPPLEMENTAL APPROPRIATION TO THE AIRPORT CAPITAL FUND IN THE AMOUNT OF $650,000 FOR THE DESIGN AND BID PHASES FOR THE REHABILITATION OF TAXIWAYS E, G AND H (PHASE V) PROJECT AT THE COLORADO SPRINGS AIRPORT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLORADO SPRINGS: Section 1. Ordinance No. 12-108 is hereby amended by increasing the expenditure and revenue appropriation of the Airport Capital Fund in the amount of $650,000 for the design and bid phases of the Rehabilitation of Taxiway E, G &H (Phase V) project at the Colorado Springs Airport. The sources of funds are the Federal Aviation Administration Airport Improvement Program and Passenger Facility Charge proceeds. Section 2. This ordinance shall be in full force and effect from and after its final adoption and publication as provided by Charter. Section 3. Council deems it appropriate that this ordinance be published by title and summary prepared by the City Clerk and that this ordinance shall be available for inspection and acquisition in the Office of the City Clerk and at the Colorado Springs Municipal Airport. Introduced, read, passed on first reading and ordered published this ____ day of _________________________ 2013. Finally passed: _____________ Mayor’s Action:

____________________________________ Keith King, Council President

 Approved: _________________________  Disapproved: _______________________, based on the following objections:

Council Action:

____________________________________ Steve Bach, Mayor

 Finally adopted on a vote of ________________, on ______________________________  Amended and resubmitted ________________________________

ATTEST: _________________________________ Sarah B. Johnson, City Clerk

____________________________________ Keith King, Council President

REGULAR MEETING AGENDA ITEM COUNCIL MEETING DATE: October 22, 2013 TO:

President and Members of City Council

CC:

Mayor Steve Bach

VIA:

Laura Neumann, Chief of Staff/Chief Administrative Officer

FROM:

Dan Gallagher, Interim Director of Aviation

Subject:

AN ORDINANCE AMENDING ORDINANCE NO. 12-108 (2013 APPROPRIATION ORDINANCE) FOR A SUPPLEMENTAL APPROPRIATION TO THE AIRPORT CAPITAL FUND IN THE AMOUNT OF $860,000 FOR THE DESIGN AND CONSTRUCTION OF OFFICE SPACE IN THE EAST TERMINAL UNIT AT THE COLORADO SPRINGS AIRPORT

SUMMARY: The Colorado Springs Airport is proposing to reinvest in the existing 25,500 square-foot East Terminal Unit (ETU) to create usable office space to attract a prospective tenant. This project would involve the renovation of an approximate 5,200 square foot area that will ultimately generate revenue. The Airport incurs annual costs of approximately $30,000 to operate and maintain this facility, but currently has no offsetting source of revenue. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The existing East Terminal Unit (ETU) of the Colorado Springs Airport was constructed in 1996 by former tenant Western Pacific Airlines. The ETU is located directly east of the passenger terminal and is connected by a walkway between the two building areas. Between the years 1996 and 1997, Western Pacific Airlines utilized the area as a concourse for processing both enplaning and deplaning passengers. The ETU is outfitted with gate podiums, vacant concessions and retail areas, and restrooms. After the airline’s exit from COS, the Airport acquired the ETU from Western Pacific. Tenants and staff have utilized the ETU as training and meeting space over the past 15 years. Additionally, the ETU is maintained so that it may be used in case of aircraft emergencies and diverted aircraft. However, due to the fact that the main concourse meets capacity requirements in terms of area and gate space, the ETU was not outfitted with a security screening checkpoint after 9/11 and is thus currently not suitable for the accommodation of regularly-scheduled airline operations. In collaboration with Transportation Security Administration (TSA) leadership, Airport management has identified an opportunity to lease a portion of the vacant ETU to the TSA, who is currently seeking new office space. The TSA local office is currently located off-site from the Colorado Springs Airport, which has historically presented coordination inefficiencies amongst TSA personnel and between the TSA and Airport management.

Item No. 14

FINANCIAL IMPLICATIONS: In order for the area to be suitable as office space, this project will require an up-front investment from the Airport to upgrade and renovate the existing space. This project will be funded out of the Airport Capital Fund. Estimates indicate that the cost to upgrade and renovate the space will be approximately $860,000. Included within the $860,000 estimate are design, base building improvements and repairs, standard tenant finishes to create office space, and custom finishes being requested by the TSA. Although the total appropriation amounts to $860,000, only 52.0% of this dollar value reflects improvements to the building, creation of office space, and a tenant improvement allowance, all of which are costs the Airport must incur to create usable space. These costs will be recovered within three years from annual lease payments that will be due from the TSA. To gain maximum efficiency, the TSA has also asked the Airport to construct custom finishes and improvements while the space is under construction, which represents the remaining approximate 48.0% of the estimate. Repayment of these costs will be made through a finance lease in addition to the standard lease. Negotiations are currently under discussion, but the TSA has made preliminary commitments to lease the space for an initial term of 10 years. Finally, in September 2013, the Airport applied for a loan from the Colorado Department of Transportation (CDOT) State Infrastructure Bank (SIB) to fund the PFC and Airport Capital Fund portions of on-going and planned capital projects through the end of 2014. If approved, the loan would fund this project so that the Airport Capital Fund could instead be utilized to pay down the Airport’s bond debt. However, if approval is not granted by CDOT, the Airport will plan to pay the project costs out of the Airport Capital Fund as identified above. BOARD/COMMISSION RECOMMENDATION: Capital improvement projects are presented to the Airport Advisory Commission as they are developed and ongoing status reports are provided as each project progresses. The Airport Advisory Commission has been receiving briefings about this project since July 2013 and members have signed a letter of support for this project, which is included in this submission. Additionally, the Air Service Task Force agrees with the strategy to invest in the Airport infrastructure with the ultimate goal of retaining and increasing air service. The letter of support is included in this submission as well. STAKEHOLDER PROCESS: The Airport is an enterprise fund that obtains capital funding from FAA grants, State grants, Passenger Facility Charges, Customer Facility Charges, and the Airport Capital Fund. This ETU Reinvestment is being pursued as a strategy to reinvest in the Airport facility in order to create revenue-generating office space and offset airline costs. ALTERNATIVES: Without an appropriation ordinance to establish funding, the Airport will not have the authority to proceed with this project. RECOMMENDATION: Staff recommends approval of this ordinance. PROPOSED MOTION: Move to amend Ordinance No. 12-108 (2013 Appropriation Ordinance) for a supplemental appropriation to the Airport Capital Fund in the amount of $860,000 for the design and construction of office space in the East Terminal Unit at the Colorado Springs Airport. Attachments: - An ordinance amending Ordinance No. 12-108 (2013 Appropriation Ordinance) for a supplemental appropriation to the Airport Capital Fund in the amount of $860,000 for the design and construction of office space in the East Terminal Unit at the Colorado Springs Airport. - Letter of Support from the Airport Advisory Commission - Letter of Support from the Air Service Task Force

ORDINANCE NO. 13-__________ AN ORDINANCE AMENDING ORDINANCE NO. 12-108 (2013 APPROPRIATION ORDINANCE) FOR A SUPPLEMENTAL APPROPRIATION TO THE AIRPORT CAPITAL FUND IN THE AMOUNT OF $860,000 FOR THE DESIGN AND CONSTRUCTION OF OFFICE SPACE IN THE EAST TERMINAL UNIT AT THE COLORADO SPRINGS AIRPORT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLORADO SPRINGS: Section 1. Ordinance No. 12-108 is hereby amended by increasing the expenditure and revenue appropriation of the Airport Capital Fund in the amount of $860,000 for the design and construction of office space in the East Terminal Unit. The source of funds is the Airport Capital Fund. Section 2. This ordinance shall be in full force and effect from and after its final adoption and publication as provided by Charter. Section 3. Council deems it appropriate that this ordinance be published by title and summary prepared by the City Clerk and that this ordinance shall be available for inspection and acquisition in the Office of the City Clerk and at the Colorado Springs Municipal Airport. Introduced, read, passed on first reading and ordered published this ____ day of _________________________ 2013. Finally passed: _____________ Mayor’s Action:

____________________________________ Keith King, Council President

 Approved: _________________________  Disapproved: _______________________, based on the following objections:

Council Action:

____________________________________ Steve Bach, Mayor

 Finally adopted on a vote of ________________, on ______________________________  Amended and resubmitted ________________________________

ATTEST: _________________________________ Sarah B. Johnson, City Clerk

____________________________________ Keith King, Council President

Absent

Absent

Absent

Absent

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Regular Agenda Item Council Meeting Date: October 22, 2013

To:

President and Members of City Council

cc:

Mayor Steve Bach

Via:

Laura Neumann, Chief of Staff/Chief Administrative Officer

From:

Jim Rees, Colorado Springs Urban Renewal Authority (CSURA) Peter Wysocki, Planning and Development Director

Subject Title:

Copper Ridge Urban Renewal Area Sales Tax Sharing Agreement

Summary: This item was introduced to the Council at the October 7, 2013 Work Session. This is a three-party agreement between the Colorado Springs Urban Renewal Authority (URA), the Copper Ridge Metropolitan District and the City of Colorado Springs. If approved, 1% of the City’s 2% General Fund sales tax increment would be deferred to the URA to help fund the extension of Powers Blvd. (the Project). Based on the anticipated tax increment generated within the redevelopment area, the 1% would yield a substantial financial contribution to the Project. Staff supports the 1% deferral and believes it is an equitable approach which helps fund a regional transportation project as well as it provides additional General Fund revenue that funds City services, like fire and police protection. The proposed agreement has been reviewed and approved by the Legal Department as to form. There were a few minor changes, but the overall content, terms and conditions remain unchanged. During the October 7th Work Session, a question was asked regarding the definition of an “anchor” as it relates to this agreement. “Anchor” is defined in the Agreement as follows: For purposes of this Cooperation Agreement Bass Pro shall constitute an Anchor, and otherwise an Anchor within the Copper Ridge Development shall be either a department store or specialty retail store constituting what is generally considered in the real estate development industry as an anchor.

Previous Council Action: City Council adopted the Copper Ridge at Northgate Urban Renewal Plan on May 11, 2010 through Resolution No. 72-10. During the October 7th Work Session, there were some questions regarding the merits of the Copper Ridge at Northgate Urban Renewal Plan. The criteria for establishing an urban renewal area is set forth in Colorado Revised Statutes. The criteria are included in the attached Redevelopment Plan. It should be noted that the area met the criteria and the Council previously acted to establish the Copper Ridge 1

Item No. 16

center as an urban renewal area. This agreement does not alter or expand the Redevelopment Plan; in fact, it ensures that the Redevelopment Plan is implemented as intended.

Background: The Colorado Springs Urban Renewal Authority (CSURA) has evaluated the development proforma provided by the project developers and has determined that sales tax increments generated by the project in excess of the annual base amount are required in order to fund qualified public improvements (Powers Blvd. extension). The Copper Ridge at Northgate Urban Renewal Plan includes the use of property tax increments in the plan to finance the extension of Powers Blvd. The inclusion of sales tax increments, while anticipated, was not authorized at the time of plan approval. City Council stipulated that CSURA should negotiate with the project owners as to the appropriate amount required to make the project economically viable and provide Council with a sales tax sharing agreement for consideration. City Council also required the developer to secure one anchor store within five (5) years and a second by 2018 or lose URA status. The Cooperation Agreement identifies the amount of sales tax increment required and the purpose for which the increment is to be used. A Redevelopment Agreement between CSURA, Copper Ridge Metropolitan District and the Copper Ridge LLC (“the Developer”) has been approved pending Council approval of the Cooperation Agreement which outlines the uses of the funds and the conditions that the Developer and the Metropolitan District must fulfill in order to receive tax increment revenues. The property tax increments and 1% of the City General Fund sales tax increment generated by the new development are to be used to partially finance the completion of Powers Blvd. between State Highway 83 and Interstate 25. Financial Implications: The Cooperation Agreement authorizes the use of 1% of the 2% general fund sales and use tax increments over 25 years. The total amount is projected to total $132,913,000. The City will continue to receive the existing general fund base amount and half the new sales tax increment generated within the boundaries of the URA as well as all of the increment generated by the PSST, TOPS and RTA taxes. Additional funding to complete the improvements will be sought from other sources to include the Pikes Peak Area Council of Governments and the Colorado Department of Transportation. Board/Commission Recommendation: The Colorado Springs Urban Renewal Authority and the Copper Ridge Metropolitan District approved the agreement. Stakeholder Process: The urban renewal plan approval process adhered to the State of Colorado Revised Statutes 31-25-107 process for approving urban renewal plans. The process requires several public hearings and notification to all property owners in the proposed district. Alternative: Council may approve a reduced amount of sales tax increment. Recommendation: Staff recommends approval of the agreement. Proposed Motion: Move to adopt the Resolution, approving the inter-local agreement between the Colorado Springs Urban Renewal Authority, Copper Ridge Metropolitan District and the City of Colorado Springs for the use of 1% general fund sales and use tax increments generated within the Copper Ridge at Northgate Urban Renewal Area. Attachments: − Resolution − Draft Agreement − Approved 2010 Copper Ridge at Northgate Urban Renewal Plan

2

RESOLUTION NO. ____________

A RESOLUTION AUTHORIZING THE COLORADO SPRINGS URBAN RENEWAL AUTHORITY TO USE 1% OF THE ANNUAL SALES TAX INCREMENTS GENERATED WITHIN THE COPPER RIDGE AT NORTHGATE URBAN RENEWAL AREA FOR A PERIOD OF UP TO 25 YEARS AFTER THE EFFECTIVE DATE OF THE COOPERATION AGREEMENT SUBJECT TO VERIFICATION OF COSTS AND SUBSEQUENT EXPENDITURES BY THE AUTHORITY AND THE CITY WHEREAS, it is desirable and in the public interest that the Colorado Springs Urban Renewal Authority (the Authority) undertake the redevelopment described in the Copper Ridge at Northgate Renewal Plan (the Plan); and WHEREAS, the aforesaid Plan was adopted by resolution on May 11, 2010 and is in the custody of the City Clerk, and is available for public inspection during business hours of the City; and WHEREAS, in accordance with section 7.0 of the Plan, The Colorado Springs Urban Renewal Authority has submitted a plan of finance outlining the proposed amounts and the purposes for which the municipal sales tax increments are to be used for the City Council to consider in granting the authorization of a sales tax increment; and WHEREAS, the Authority has determined that there are sufficient qualified project expenditures for the Copper Ridge at Northgate Urban Renewal Area requiring the use of sales and property taxes in order to complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLORADO SPRINGS, COLORADO, AS FOLLOWS:

Section 1.

The City is authorized to collect the municipal sales tax increments generated above the existing baseline within the Copper Ridge at Northgate Urban Renewal Area and distribute said funds to the Colorado Springs Urban Renewal Authority, from October 23, 2013 through October 22, 2038 for uses outlined in the Plan of Finance. The base period for purposes of computation shall be October 1, 2012 through September 30, 2013.

Section 2.

The Colorado Springs Urban Renewal Authority will complete the improvements as outlined in the Plan of Finance in accordance with Colorado State Statute §31-25-109 regulating the issuance of bonds by the Authority.

Section 3.

The Colorado Springs Urban Renewal Authority and the City will verify all costs and expenditures and that are undertaken with tax increment funds to assure compliance with the Plan of Finance as presented.

10-16-2013

Dated at Colorado Springs, Colorado, this 22nd day of October, 2013.

CITY COUNCIL COLORADO SPRINGS, COLORADO By: ___________________________________ Keith King, Council President ATTEST:

By: _____________________________ Colorado Springs City Clerk

10-16-2013

COOPERATION AGREEMENT THIS COOPERATION AGREEMENT (the “Cooperation Agreement”) is made as of ________________, 201_, by and among the CITY OF COLORADO SPRINGS, a home rule city and Colorado municipal corporation (the “City”)(the “City”), CITY OF COLORADO SPRINGS URBAN RENEWAL AUTHORITY (the “Authority”) and COPPER RIDGE METROPOLITAN DISTRICT (the “Metro District”). RECITALS A. The City is a municipal corporation organized and existing as a home rule city under and pursuant to Article XX of the Colorado Constitution and the charter of the City. B. The Authority is an urban renewal authority and a body corporate and politic organized under the Urban Renewal Law, Part 1 of Article 25 of Title 31, C.R.S. (the “Urban Renewal Law”). C. The Metro District is a quasi-municipal corporation and a political subdivision of the State of Colorado created pursuant to the Colorado Special District Act and pursuant to a service plan approved by the City of Colorado Springs. The Metro District is a wholly independent entity that is not in any way part of or associated with the City and the Authority. D. Article XIV, Section 18, of the Colorado Constitution, Section 29-1-201, et seq., C.R.S., as amended and Section 31-25-112 of the Urban Renewal Law, provide for and encourage urban renewal authorities and governmental entities within Colorado to make the most efficient and effective use of their powers and responsibilities by cooperating with each other to accomplish specific public purposes. E. The City Council of the City approved an urban renewal plan designated the Copper Ridge at Northgate Urban Renewal Plan (the “Plan”) on May 11, 2010 by Resolution No. 72-10, relating to the Copper Ridge at Northgate Urban Renewal Project (the “Project”), under which it is provided that within the urban renewal area (the “Project Area”), property tax increment and municipal sales tax increment will be used to further the purposes of the Plan and the Project and provide financial support therefor from such tax increment revenues, as therein and herein further provided. F. The Metro District, in order to provide access to the proposed development known as Copper Ridge at Northgate (hereinafter referred to as the “Copper Ridge Development”), and in order to pay its fair and equitable share of the regional transportation impacts caused by the Copper Ridge Development, will finance and construct North Powers Boulevard from Highway 83 to Interstate 25, together with any and all related and ancillary improvements (all or part of which may be hereinafter referred to as the “Improvements”), the anticipated cost of which is estimated to be $90 million; and such financing is expected to be funded by the issuance of bonds of the Metro District (the Metro District Improvements Bonds as hereinafter defined) and by the use of Available Revenues (as hereinafter defined).

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G. The Financing Phase shall provide funding to construct the Improvements from Interstate 25 to Highway 83. The Financing Phase will arise in conjunction with the development of the Copper Ridge Development which initial phase shall have located within it an Anchor (as defined in Section T below) that shall have entered into a contract or agreement with the developer of the Copper Ridge Development (the “Developer”) to locate therein prior to the issuance of the Metro District Improvements Bonds. ”. H. The completion of the Improvements will satisfy a material component of the City’s Major Thoroughfare Plan, the cost of which will be paid for by Available Revenues and other revenues generated within or calculated with respect to the urban renewal area (the “Project Area”) established by the Plan. I. In order to facilitate construction of the proposed Improvements, the City acknowledges that pursuant to the Urban Renewal Law and this Cooperation Agreement, the City Sales Tax Increment Revenues as defined below will be transferred to the Authority for the financing of the Improvements, whether through repayment of Metro District Improvements Bonds issued by the Metro District for such purpose or directly to the construction of the Improvements as provided herein. J. Although the City agrees, subject to the provisions of the Urban Renewal Law and this Cooperation Agreement, to provide the City Sales Tax Increment Revenues to the Authority for the financing of the Improvements as provided herein, this arrangement is anticipated to increase the City’s net sales tax receipts generated within the Project Area after providing the City Sales Tax Increment Revenues. K. In light of the City’s commitment under this Cooperation Agreement, it shall be a condition that prior to the commencement of the Bond Funding Period (as herein defined), (i) the Developer shall have entered into a contract or written agreement for two Anchors selected by the Developer to locate within the Project Area and (ii) a Plan of Finance (as herein defined) shall have been submitted to the City for review as provided in Section 2(ii) hereof. L. The Plan authorizes the use of tax increment financing in accordance with the provisions of Section 31-25-107(9) of the Act including (i) the use of the property tax increment (the “Property Tax Increment Revenues”), and the Property Tax Increment Revenues shall be allocated to the Authority for uses in accordance with the Act and the Plan including assignment to the Metro District to pay the costs of or debt service on Metro District Improvements Bonds and (ii) the use of municipal sales tax increment derived from sales tax revenues of the City from a 1.0% general fund municipal sales tax which are in excess of the base amount established in accordance with the provisions of Section 31-25-107(9) of the Act (the “City Sales Tax Increment Revenues”), and the City Sales Tax Increment Revenues shall be allocated to the Authority to be assigned to the Metro District for uses in accordance with the Act and the Plan to pay costs of or debt service on Metro District Improvements Bonds; but in no event in all cases for a period in excess of 25 years determined as provided in the Act. M. The Authority agrees to pledge the Property Tax Increment Revenues and the City Sales Tax Increment Revenues as provided in this Cooperation Agreement..

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N. To carry out the Plan, the City and the Authority understand that the Metro District (i) will issue bonds (such bonds and any bonds issued to refinance or refund such bonds are referred to herein as the “Metro District Improvements Bonds” and those that are used for such purposes related to the Improvements including any bonds refunding the same provided that the annual debt service on any such refunding bonds is not increased in any year are referred to herein as the “Metro District Improvements Bonds”), which Metro District Improvements Bonds shall be payable from, among other things, the Property Tax Increment Revenues derived by the Authority and assigned to the Metro District and the City Sales Tax Increment Revenues derived by the Authority and assigned to the Metro District, (the Property Tax Increment Revenues and the City Sales Tax Increment Revenues are collectively referred to herein as the “Available Revenues”) and (ii) may commence construction of the Improvements prior to the issuance of the Metro District Improvements Bonds and pay costs thereof from the sources which are available to pay the Metro District Improvements Bonds and described in the preceding portion of this paragraph. The period prior to the issuance of the Metro District Improvements Bonds when construction of the Improvements may occur is referred to as the Escrow Funding Period and the period commencing on and after any Metro District Improvements Bonds are issued is referred to as the Bond Funding Period. O. In order to facilitate communication and input with respect to the progress and details relating to the funding, planning and construction of the Improvements, there shall be formed a Technical Advisory Committee (the “TAC”) to consist of one or more members from the Developer, the City, the Authority, the Metro District and the Colorado Department of Transportation (“CDOT”). P. The parties hereto agree that after the date of execution and delivery of this Cooperation Agreement, they will monitor and consult with each other with respect to additional funding sources that may become available to be used for the planning, designing or constructing of the Improvements or for the payment of debt service on the Metro District Improvements Bonds and which such parties believe would be reasonably attainable, so long as such additional funding sources would not adversely affect the tax-exempt nature of interest on the Metro District Improvements Bonds; and the parties hereto agree to cooperate in pursuing such additional funding sources with the goals of reducing the amount of Metro District Improvements Bonds needed to be issued to complete the Improvements and maximizing the debt service coverage on the Metro District Improvements Bonds, thereby providing the most economical funding for the Improvements. Q. The City, in consideration of the benefits to be derived by the City by the implementation of the Plan, the Project and the Improvements, desires to enter into this Cooperation Agreement. R. The Authority, in consideration of its statutory public purpose and in order to carry out the Plan, desires to participate in the activities contemplated by this Cooperation Agreement, and to enter into this Cooperation Agreement. S. The Metro District, in consideration of the its statutory public purpose and the benefits to be derived by the revenues made available pursuant to this Cooperation Agreement, desires to enter into this Cooperation Agreement. 3

T. For purposes of this Cooperation Agreement, Bass Pro Shops shall constitute an Anchor, and the opening of Bass Pro Shops to the public shall fulfill the 2015 Anchor requirement and otherwise an Anchor within the Copper Ridge Development shall be either a department store or specialty retail store constituting what is generally considered in the real estate development industry as an anchor. NOW THEREFORE, in order to carry out the purposes as set forth above, the City, the Authority and the Metro District agree as follows: Section 1. Financing Provisions for the Improvements During Escrow Funding Period. During the Escrow Funding Period, the Metro District agrees to enter into an escrow agreement (the “Escrow Agreement”) with the City, the Authority and a financial institution qualified to provide escrow and corporate trust services, as escrow agent (the “Escrow Agent”). The Escrow Agreement shall provide for the establishment of an escrow account therein (the “Escrow Account”) and within the Escrow Account two separate subaccounts, including a Property Tax Increment Subaccount and a City Sales Tax Increment Subaccount. On a monthly basis or at such other frequency as agreed to by the parties hereto, all Property Tax Increment Revenues, excluding that portion of revenue attributable to any property tax levy of the District, and all City Sales Tax Increment Revenues which are allocated to the Authority and assigned to the Metro District by this Cooperation Agreement shall be deposited in the Property Tax Increment Subaccount and the City Sales Tax Increment Subaccount, respectively. The Authority and the District have entered into a Redevelopment Agreement that stipulates that the Authority will retain administrative fees as defined in the Redevelopment Agreement (section 7.0) prior to distribution of the tax increment revenues to the District and that the Authority shall remit to the District all revenue attributable to any property tax levy imposed by the District. With respect to the Property Tax Increment Subaccount and the City Sales Tax Increment Subaccount, the Escrow Agreement shall provide that amounts in such subaccounts shall be used solely for the Improvements, including related construction and non-construction costs such as, but without limitation, design work, wetlands remediation, easement relocations, drainage and similar activities reasonably necessary or useful in Improvements with the Improvements (such non-construction items being referred to herein as “Non-Construction Related Costs”). Any disbursement of moneys in such subaccounts shall be used for no other purpose, and each disbursement of moneys therefrom shall be subject to approval of the City in writing, it being understood by the parties hereto that such approval shall be at the discretion of the City, but that the considerations which may be taken into account will include information made available to the TAC as to the status of planning, documentation, approvals, permits and phasing of the Improvements including the requirements of CDOT. Each disbursement shall be made prorata from the two subaccounts based upon the amount on deposit in each at the time of the disbursement. At the beginning of the Bond Funding Period and upon approval of the City, any moneys remaining in the Property Tax Increment Subaccount and the City Sales Tax Increment Subaccount shall be transferred to the Improvements Construction Account (as hereinafter defined) under the Bond Indenture (as hereinafter defined) for the Metro District Improvements Bonds, which shall be restricted in use to paying for the construction of the Improvements, including related construction costs such as design work and payment of interest on Metro District Improvements Bonds during construction of the Improvements and for a period of up to nine months following completion of construction. 4

Section 2. Financing Provisions for the Improvements During Bond Financing Period. The Bond Funding Period shall commence upon the first issuance of Metro District Improvements Bonds, which may be done in multiple financing phases. Prior to the first issuance of Metro District Improvements Bonds and hence the commencement of the Bond Funding Period: i. Two Anchors shall have entered into a contract or agreement with the Developer committing to locate within the Copper Ridge Development; and ii. A “Plan of Finance” shall have been approved by the Metro District and a copy of the Plan of Finance shall be provided to the Authority and the City for review. The Plan of Finance shall include for such Metro District Improvements Bonds (a) a range of interest rates expected including a maximum rate, (b) an amortization schedule, (c) a range of expected cashflows showing for each year the expected revenues, debt service and other expenses to be paid therefrom, (d) a feasibility study from an independent third party experienced in such matters with respect to the items in (c) above and the debt service coverage on the Metro District Improvements Bonds, (e) expectations as to credit enhancement, if any, or any senior and subordinate tranches expected to be issued, (f) information with respect to ratings, if any, (g) the underwriters to be utilized, (h) the source and uses of proceeds including details with respect to the costs and scope of construction of the Improvements being financed with the first issuance of the Metro District Improvements Bonds and (i) tests for additional Metro District Improvements Bonds. Subject to the foregoing, the Metro District shall issue Metro District Improvements Bonds under a trust indenture (the “Bond Indenture”) between the Metro District and a financial institution qualified to provide corporate trust services, as bond trustee (the “Bond Trustee”). The Bond Indenture shall include a Bond Trustee held fund (the “Revenue Fund”) in which there shall be established an account or accounts (the “Revenue Fund Improvements Account”) and within the Revenue Fund Improvements Account a subaccount entitled the “City Sales Tax Increment Improvements Subaccount” where all of the City Sales Tax Increment Revenues shall be deposited, and moneys therein shall be used solely to pay principal, interest or redemption prices with respect to Metro District Improvements Bonds, as well as any periodic fees of the Authority related and reasonably allocated thereto, fees and expenses of the Bond Trustee or any credit enhancer, and replenishment of that portion of a reserve fund held under the Bond Indenture by the Bond Trustee insofar as it relates to and is allocated to the Metro District Improvements Bonds, subject to release annually as provided in Section 9 hereof. Notwithstanding the foregoing, Available Revenues may be pledged under the Indenture in support of Metro District Bonds, subject to the later provisions of this Section 2. The Metro District agrees to issue its Metro District Bonds in series identifiable as to the project being financed, provided that any Metro District Bonds issued for any purpose other than the Improvements (i.e. Metro District Bonds not constituting Metro District Improvements Bonds) will not be secured or payable from any of the Tax Increment Revenues. The Bond Indenture shall provide that Metro District Improvements Bonds be payable each year first from Property Tax Increment Revenues and second from City Sales Tax Increment Revenues (and provided 5

further that to the extent of additional sources of revenues made available and actually received due to additional funds being provided as set forth in Section (P) above, such additional revenues, to the extent not used directly to pay costs of planning, designing or constructing the Improvements, shall be used to pay debt service on Metro District Improvements Bonds prior to Property Tax Increment Revenues and City Sales Tax Increment Revenues to the extent not precluded as a condition precedent to receipt of such additional funding amounts). Proceeds of Metro District Improvements Bonds shall, net of costs of issuance, capitalized interest and reserve fund deposits, be deposited in a Improvements Construction Account held by the Bond Trustee under the Bond Indenture. The Bond Indenture shall provide that amounts in the Improvements Construction Account shall be used solely for construction of the Improvements, including related construction costs such as design work and payment of interest on Metro District Improvements Bonds during construction of the Improvements and for a period of up to nine months following completion of construction, and with the consent of the City NonConstruction Related Costs. Any disbursement of moneys in the Improvements Construction Account shall be used for no other purpose, and each disbursement of moneys therefrom shall be subject to approval of the City and the Authority in writing. The intent of the provisions of this Section 2 are (i) to allow the District to issue Metro District Improvements Bonds, (ii) to allow all funds deposited to a Revenue Fund established by the Bond Indenture to secure Metro District Improvements Bonds, (iii) to prohibit the District from incurring any obligations, other than Metro District Improvements Bonds, secured by Tax Increment and (iv) to ensure that surplus funds under the Bond Indenture shall first be deemed to be from City Sales Tax Increment Revenues. Section 3. Property Tax Increment Revenues. The City, the Authority and the Metro District agree that Property Tax Increment Revenues of all taxing districts within the Plan Area will be allocated to the Authority in accordance with the Act for a period of up to 25 years from the recording of the Plan by the El Paso County Clerk and Recorder on May 19, 2010, which Property Tax Increment Revenues shall be pledged by the Authority to the Metro District and pledged by the Metro District solely for uses as set forth above with respect to the Escrow Funding Period and the Bond Funding Period. Pursuant to the Redevelopment Agreement, that portion of the Property Tax Increment Revenues attributable to the Metro District’s property tax levy will be paid directly to the District and excluded from Property Tax Increment Revenues. District property tax revenues may be used by the Metro District for any lawful purposes. When all bonds, loans, advances, and indebtedness and other obligations, including interest thereon and any premiums due therewith, have been paid, all taxes upon the taxable property in the Project Area shall be paid into the funds of the respective public bodies as provided in the Act. Section 4. Commitment of City Sales Tax Increment Revenues. The City agrees that the City Sales Tax Increment Revenues will be allocated to the Authority in accordance with the Plan and the Act for a period of up to 25 years commencing with the date of approval of this Agreement, which City Sales Tax Increment Revenues shall be pledged by the Authority to the Metro District and pledged by the Metro District solely for uses as set forth above with respect to the Escrow Funding Period and the Bond Funding Period. The City Sales Tax Increment Revenues shall be used by the Metro District for the purposes set forth in the Plan, and as set forth in Sections 1 and 2 of this Cooperation Agreement. The City Sales Tax Increment Revenues shall be paid to the Authority or its designated depository as and when collected by the 6

City in accordance with the Act for deposit as provided in Sections 1 and 2 hereof. When all bonds, loans, advances, and indebtedness and other obligations, including interest thereon and any premiums due in Improvements therewith, have been paid, all municipal sales tax collections in the Project Area shall be paid to the City and this Cooperation Agreement shall terminate. Section 5. Authority Pledge. Subject to the terms and conditions as set forth in this Cooperation Agreement, the Authority hereby pledges to the Metro District the Property Tax Increment Revenues and the City Sales Tax Increment Revenues. In accordance with the Urban Renewal Law and the Supplemental Public Securities Act, such pledge shall create a lien on the Property Tax Increment Revenues and the City Sales Tax Increment Revenues which shall take effect immediately without any physical delivery, filing, or further act. The lien of such pledge shall have priority over any or all other obligations and liabilities of the Authority and shall be valid, binding, and enforceable as against all persons having claims of any kind in tort, contract, or otherwise against the Authority irrespective of whether such persons have notice of such liens. The Authority hereby consents to the pledge and assignment by the Metro District, upon the commencement of the Bond Funding Period, to the Trustee of the Property Tax Increment Revenues and the City Sales Tax Increment Revenues. Such amounts shall be paid by the Authority by electronic wire transfer to the Escrow Agent or the Bond Trustee on a monthly basis for deposit as provided in Sections 1 and 2 hereof. Conditions Precedent to Disbursement from Escrow Account during Section 6. Escrow Funding Period and to Disbursement from Revenue Fund Improvements Account during the Bond Funding Period. The parties hereto agree and understand that the disbursement of the Property Tax Increment Revenues (other than those generated by District property taxes) and the City Sales Tax Increment Revenues from the Escrow Account during the Escrow Funding Period and from the Revenue Fund Improvements Account during the Bond Funding Period is made expressly conditioned upon the City’s determination that the Developer, the Plan and/or the Project have achieved each of the following performance standards with respect to the items set forth below: i. With respect to the Escrow Funding Period, the Metro District and/or the City (A) for Non-Construction Related Costs to be paid as contemplated by Section 1 hereof, one or more contracts or agreements shall have been entered into with parties providing for such Non-Construction Related Costs, and (B) for construction costs of the Improvements to be paid, a contract or agreement acceptable to CDOT for a portion of the Improvements shall have been entered into, and any permits required for the proposed work shall have been obtained, all security shall have been posted as required by Colorado law for the construction of the portion of the Improvements being constructed, and the District and the Developer shall have entered into a Redevelopment Agreement with the Authority as set forth in Section 14 hereof. The City shall be required to approve any disbursements from the Escrow Account prior to the Bond Funding Period. ii. With respect to the Bond Funding Period, the Metro District has entered into a contract or agreement acceptable to CDOT for the construction of the regional transportation improvements to be financed from the Metro District Improvements Bonds then being issued, that any permits for the proposed work have been obtained and that all 7

security has been posted as required by Colorado law for the construction of the regional transportation improvements to be financed from the Metro District Improvements Bonds then being issued, that funding is in place from the issuance of such Metro District Improvements Bonds then being issued in an amount required to complete the regional transportation improvements being financed together with a project reserve for change orders or cost overruns, and that the design, phasing and other construction arrangements are satisfactory to the City. iii. Prior to or upon commencement of the Bond Funding Period, the Developer shall have met the requirements set forth in Section 2(i) and (ii) of this Agreement. iv. Notwithstanding the foregoing, if no Metro District Improvements Bonds have been issued by December 31, 2018, then, at the option of the City, the City may on or after such date give written notice to the Metro District and the Authority of its determination to terminate this Cooperation Agreement and the termination date, which termination date shall be a date at least six months after such written notice, and all amounts on deposit in the Escrow Account on the termination date constituting City Sales Tax Increment Revenues shall be returned to the City, and all amounts on deposit in the Escrow Account on the termination date constituting Pledged Property Tax Increment Revenues shall be disposed of as required by the Act. Section 7. Changes in the Rate of Sales Tax Percentage. If there shall occur a change in the City sales tax percentage levied in the Project Area, the City Sales Tax Increment Revenues allocated to Authority and the formula with respect to the City Sales Tax Increment Revenues shall not change unless the City’s total general fund sales tax percentage rate falls below the percentage originally allocated hereby (1.0% sales tax) in which case the base shall be proportionately adjusted downward. The City, the Authority and the Metro District agree that increases in City sales tax proceeds derived by reason of (a) any increase in the percentage of such City taxes generally, (b) any change in the percentage of such City taxes with regard to specific taxable items, or (c) any extension of such City taxes to items or transactions that are not currently taxable, shall be retained by the City and shall not constitute City Sales Tax Increment Revenues. Section 8. Collection of Revenues; Continuing Cooperation. The City hereby agrees to pursue all of the lawful procedures and remedies available to the City in order to collect the sales taxes giving rise to the City Sales Tax Increment Revenues, and to cause such revenues to be applied in accordance with this Cooperation Agreement. If any further cooperation or other agreements or amendments shall be necessary or appropriate (a) in order to accomplish the collection of the City Sales Tax Increment Revenues and the allocation to the Authority and the payment thereof to the Authority or the Metro District in accordance with this Cooperation Agreement or (b) to carry out the Project in accordance with the Plan and the Act, the City agrees to exercise its reasonable best efforts to secure the approval of all such additional agreements.. Certain Surplus Revenues. Any Metro District Improvements Bonds shall Section 9. provide that they shall be payable first on any payment date from Property Tax Increment 8

Revenues, and second from City Sales Tax Increment Revenues (and provided further that to the extent of additional sources of revenues made available and actually received due to additional statutory funds being provided as set forth in Section (Q) and Section 2 above such additional revenues shall be used to pay debt service on Metro District Improvements Bonds prior to Property Tax Increment Revenues and City Sales Tax Increment Revenues to the extent not precluded as a condition precedent to receipt of such additional funding amounts). In the event that after payment of principal, interest, and redemption price with respect to Metro District Improvements Bonds, as well as any periodic fees of the Authority related and reasonably allocated thereto, fees and expenses of the Bond Trustee or any credit enhancer, and replenishment of that portion of a reserve fund held under the Bond Indenture by the Bond Trustee insofar as it funded with respect to the Metro District Improvements Bonds, then any remaining revenues in the Revenue Fund Improvements Account may, in accordance with the Bond Indenture and to the extent they represent City Sales Tax Increment Revenues (the “Surplus Revenues”), be released from the lien of the Indenture once each year on a date no later than 30 days after the final payment on Metro District Improvements Bonds in each calendar year commencing with the first full calendar year after the start of the Bond Funding Period. Section 10. Technical Advisory Committee. The parties hereto agree to form a Technical Advisory Committee. The TAC shall consist of at least one member from or representing the Developer, the City, the Authority, the Metro District and CDOT. The purpose of the TAC shall be to allow all members of the TAC to be provided with the same information and to be informed, ask questions and provide input with respect to the planning and construction of the Improvements, the financing of the Improvements, and the detailed plans, processes and phases in Improvements therewith. The members of the TAC shall be given notice by the Metro District of all meetings with CDOT with respect to the Improvements, and shall be entitled to participate in the same. The expectations of the parties hereto is that such involvement by members of the TAC would lead to a formalized Memorandum of Understanding with CDOT regarding the construction of the Improvements and the processes to be followed, and subsequently to a Project Agreement for the construction of the Improvements. The TAC shall be advisory, and the existence of the TAC shall not change the legal rights of the parties hereunder or under any other instrument or contract but the City and the Authority shall have the rights otherwise set forth in this Agreement. Section 12. Metro District Improvements Bonds and Metro District Bonds not to Constitute Debt or Obligation of the City or Authority; No Liability. The Metro District Improvements Bonds and the Metro District Bonds and the Bond Indenture therefor shall provide that the Metro District Improvements Bonds and the Metro District Bonds shall not constitute a debt, liability or obligation of any nature of the City or the Authority, but shall be payable solely from amounts pledged therefor and received by the Metro District. The Metro District shall, to the extent permitted by law, indemnify the City and the Authority against any damages or costs incurred by the City or the Authority as a result of the issuance, sale or marketing of Metro District Improvements Bonds or Metro District Bonds. Section 13. Urban Renewal Plan. The City, the Authority and the Metro District covenant and agree that they shall cooperate in carrying out and continuing to completion, with all practicable dispatch, the Project in accordance with the Plan and the Act, subject to the

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provisions of this Cooperation Agreement, and the Metro District covenants to cooperate with the City and the Authority in carrying out the provisions of this Cooperation Agreement. Section 14. Redevelopment Agreement. The Authority has entered into a redevelopment agreement (the “Redevelopment Agreement”) with the Developer and the Metro District with respect to the Developer’s development plans and redevelopment of the area in which the Improvements are being constructed and which is in the Urban Renewal Area. Such Redevelopment Agreement shall pertain to the responsibilities of the Developer with respect to private and quasi-public improvements required to be undertaken. A summary of the proposed development is included as Exhibit B hereto. Section 15. Authorized Representatives. To the extent that an action is required to be taken by any party to this Cooperation Agreement, such action may, subject to the last sentence of this Section, be taken by the following representatives: for the City, the Planning and Development Director, or such other person appointed by the foregoing in writing and furnished to the other parties to this Cooperation Agreement; for the Authority, the Chairman, or such other person appointed by the foregoing in writing and furnished to the other parties to this Cooperation Agreement; and for the Metro District, the President, or such other person appointed by the foregoing in writing and furnished to the other parties to this Cooperation Agreement. Section 16.

Notice. Any required notice shall be given as follows:

If to the City:

City of Colorado Springs 30 South Nevada Avenue, Suite 105 Colorado Springs, Colorado 80901-1575 Attn: Peter Wysocki Telephone: 719-385-5347 Fax: With a copy to the City Attorney: City of Colorado Springs 30 South Nevada Avenue, Suite 501 Colorado Springs, Colorado 80903 Attn: City Attorney Telephone: 719-385-5909 Fax: 719-385-5535

If to the Authority:

City of Colorado Springs Urban Renewal Authority 30 S. Nevada Ave., Suite 604_____________________________ Colorado Springs, Colorado 80903 Attn: ____________________ Telephone: 719- 651- 3136__________ Fax: 719- 633-6138________

If to the Metro District:

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Copper Ridge Metropolitan District ___________________ Colorado Springs, Colorado _____ Attn: President Telephone: ________________ Fax: ____________________ With a copy to the General Counsel for the Metro District: ___________________ ___________________ Colorado Springs, Colorado _____ Attn: ______________________ Telephone: ________________ Fax: ____________________

Section 17. Severability. Any provision of this Cooperation Agreement that is prohibited, unenforceable, or not authorized in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition, unenforceability or lack of authorization without affecting the validity, enforceability, or legality of such provisions in any other jurisdiction. No party to this Agreement shall be liable to the other parties with respect to any such provision finally adjudicated in accordance with applicable law to be prohibited, unenforceable, or not authorized by law. Governing Law. This Cooperation Agreement shall be governed by, and Section 18. construed in accordance with, the laws of the State of Colorado, and the Charter, City Code, Ordinances, Rules and Regulations of the City of Colorado Springs. Section 19. Headings. Section headings in this Cooperation Agreement are for convenience of reference only and shall not constitute a part of this Cooperation Agreement for any other purpose. Section 20. Additional or Supplemental Agreements. The parties mutually covenant and agree that they will execute, deliver, and furnish such other instruments, documents, materials, and information as may be reasonably required to carry out this Cooperation Agreement, the Project, and the Plan or in Improvements with the issuance of the Metro District Bonds, provided the same is not inconsistent herewith. Section 21. Incorporation of Recitals. The provisions of the Recitals are incorporated by reference into this Cooperation Agreement as if fully set forth herein. Section 22. Exclusive Jurisdiction and Venue. In the event of any litigation arising under this Cooperation Agreement the exclusive jurisdiction and venue for such litigation shall be in the Authority or District Courts in and for the Fourth Judicial District, Authority of El Paso, State of Colorado.

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Section 23.

FISCAL OBLIGATIONS OF CITY

This Agreement is expressly made subject to the limitations of the Colorado Constitution and Section 7-60 of the Charter of the City of Colorado Springs. Nothing herein shall constitute, nor be deemed to constitute, the creation of a debt or multi-year fiscal obligation or an obligation of future appropriations by the City Council of Colorado Springs, contrary to Article X, § 20, Colo. Const., or any other constitutional, statutory, or charter debt limitation. Notwithstanding any other provision of this Agreement, with respect to any financial obligation of the City which may arise under this Agreement in any fiscal year after the year of execution, in the event the budget or other means of appropriation for any such year fails to provide funds in sufficient amounts to discharge such obligation, such failure (i) shall act to terminate this Agreement at such time as the then-existing and available appropriations are depleted, and (ii) neither such failure nor termination shall constitute a default or breach of this Agreement, including any subagreement, attachment, schedule, or exhibit thereto, by the City. As used herein, the term “appropriation” shall mean and include the due adoption of an appropriation ordinance and budget and the approval of a Budget Detail Report (Resource Allocations) which contains an allocation of sufficient funds for the performance of fiscal obligations arising under this Agreement. Section 24.

THIRD PARTY BENEFICIARY CLAUSE

It is specifically agreed between the parties that this Agreement is not intended by any of its terms, provisions, or conditions to create in the public or any individual member of the public a third party beneficiary relationship, or to authorize any person not a party to this Agreement to maintain suit for personal injuries or property damage pursuant to the terms, conditions or provisions of this Agreement. In requiring insurance under this Agreement, the City specifically does not waive or intend to waive any protection, immunity, or other provision of the Colorado Governmental Immunity Act, Sections 24-10-101 to 120, C.R.S., as now written or amended in the future

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IN WITNESS WHEREOF, the parties hereto have caused this Cooperation Agreement to be duly executed and delivered by their respective officers thereunto duly authorized as of the date first above written. CITY OF COLORADO SPRINGS

By: ATTEST:

Mayor

City Clerk

APPROVED AS TO FORM:

________________________ Office of the City Attorney CITY OF COLORADO SPRINGS URBAN RENEWAL AUTHORITY

By: Chair

ATTEST:

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COPPER RIDGE METROPOLITAN DISTRICT

By:

ATTEST:

14

EXHIBIT A

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EXHIBIT B Purpose: This Exhibit B to the Agreement has been prepared for the purpose of describing, in summary form, the plan of development for the Copper Ridge at Northgate Development. The parties to the Agreement have agreed to utilize certain revenue generated by the Development for the construction of Powers Boulevard from Interstate 25 to State Highway 83. This Project description has been prepared to set forth the proposed land development concept and to assist the Parties in planning for the use of these funds. The information presented in this summary reflects the development plans for the Project as of the date of execution of the Agreement. Some changes may occur in the course of finalizing the actual development, but the core development plan is expected to remain as presented. While some development has commenced, it is understood that full implementation of the development plan will require a period of time expected to be between three to five years. (from what date?) Development Site: The project site encompasses about 200 acres of land south of North Gate Boulevard, east of I-25, west of the Greyhawk at Northgate development and north of The Classical Academy school site. The Project site is bisected by the Powers Boulevard right-of-way. The map attached to this exhibit presents the boundaries of the Project, which is contained within the Copper Ridge Metropolitan District, the boundaries of which are shown on the map. The land is zoned for commercial use and the City of Colorado Springs has approved the proposed land use plan. The right-of-way for Powers Boulevard has been established and the development is planned with full knowledge of the roads basic design. Development Objective: The Copper Ridge at Northgate development has been designed to: (1) introduce to El Paso Authority retail names not currently located in the Authority, which typically have a limited number of locations and are expected to draw patrons from areas outside El Paso County, (2) provide a retail location for stores seeking to serve the trade area in keeping with their location planning criteria and (3) provide development opportunities for other commercial uses (restaurants, hotels, theaters, convenience retail and offices) seeking to locate within the project area. It is expected that many of the retailers will be drawn to the project due to its location and the trade area demographics. Inherent in the project’s appeal to these retailers is an expectation that Powers Boulevard will be completed. Development Areas and Program: There exist four discrete development areas within the total project area. They are best understood by using the intersection of Voyager and Powers to create a geographic reference point. The four quadrants, NW, NE, SE and SW, are each described below. 

NW- This area will include between 600,000 and 800,000 square feet of development. The nature of development will be large area (5 acres or more) developments featuring six to nine individual users or stores. It is expected that each facility will be at least 50,000 square feet and up to 150,000 square feet in size. Access to this location can be achieved by North Gate Boulevard and Voyager. However, these users expect Powers Boulevard to provide access for patrons whose travel originates from the east. B-1-



NE- This component is actually made up of two development areas, one of which (Northgate Plaza) is underway. These projects will be contemporary, open-air retail centers with between 150,000 and 200,000 square feet of space. The tenants in these centers will serve the more immediate trade area.



SE- This is a relatively small portion of the project and is also currently under development. It should include between 100,000 and 200,000 square feet of development with many users serving automobile related activities. A self-storage center is also planned for the site.



SW- This quadrant is reserved for an enclosed retail mall and a lifestyle center. The mall will be about 850,000 to 1 million square feet and the lifestyle center about 75,000 square feet. This element is expected to be the final phase of development, largely due to the need to secure multiple store commitments before development can commence. Such tenant agreements are being actively pursued at this time. It is expected that the mall will include one or more Anchors.

In addition to the above, it is the intent of the developers to incorporate food service facilities at various locations throughout the development. It is also expected that one or more hotels operators will seek to develop properties most likely in the NW quadrant. Copper Ridge Metropolitan District: In Improvements [b1]with the private development, the property owners have formed a Title 32 Special District to assist in the financing and construction of various public improvements.

-B-24852-5868-2376.2

Copper Ridge at Northgate Urban Renewal Plan City of Colorado Springs, Colorado March 2010 (revised 4.23.10)

Prepared for: Colorado Springs, Colorado City Council

Prepared by: Leland Consulting Group

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Copper Ridge at Northgate Urban Renewal Plan City of Colorado Springs, Colorado

Table of Contents Section

1.0:

Introduction

1.1 1.2 1.3 1.4

Preface Blight Findings Other Findings Urban Renewal Boundaries 1.4.1 Map of Urban Renewal Area

Section

2.0

Definitions

Section

3.0

Purpose of the Plan

3.1

Development and Design Objectives

Section

4.0

Blight Conditions

Section

5.0

Plan’s Relationship to Local Objectives and Appropriate Land Uses

5.1 5.2 5.3

General Description Relationship to Colorado Springs Comprehensive Plan Relationship to Other Community Plans

6.0

Authorized Urban Renewal Undertakings and Activities

6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9

Public Improvements and Facilities Other Improvements and Facilities Development Opportunities – Catalyst Projects Development Standards Variations in the Plan Urban Renewal Plan Review Process Project Financing and Creation of Tax Increment Areas Property Acquisition and Land Assemblage Relocation Assistance

Section

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Copper Ridge at Northgate Urban Renewal Plan City of Colorado Springs, Colorado

Table of Contents (cont’d)

Section

6.10 6.11 6.12 6.13 6.14

Demolition, Clearance, Environmental Remediation, and Site Prep Property Disposition Redevelopment and Rehabilitation Actions Redevelopment / Development Agreements Cooperation Agreements

7.0

Project Financing

7.1 7.2 7.3

Public Investment Objective Authorization Tax Increment Financing 7.3.1 Special Fund 7.3.2 Base Amount 7.3.3 Increment Amount Other Financing Mechanisms and Structures

7.4 Section 8.0

Severability

Appendix I: Appendix II:

Project Concept Images Urban Renewal Area Legal Description

Attachment 1: Attachment 2:

Copper Ridge at Northgate Conditions Survey Copper Ridge at Gateway El Paso County Impact Report

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Copper Ridge at Northgate Urban Renewal Plan City of Colorado Springs, Colorado

1.0

Introduction 1.1

Preface This Copper Ridge at Northgate Urban Renewal Plan (the “Plan” or the “Urban Renewal Plan”) has been prepared by the City of Colorado Springs Urban Renewal Authority (the “Authority”) for the City of Colorado Springs (“City”). It will be carried out by the City, with the cooperation of the Authority, pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Part 1 of Article 25 of Title 31, Colorado Revised Statutes, 1973, as amended (the “Act”). The administration and implementation of this Plan, including the preparation and execution of any documents implementing it, shall be performed by the City with the Authority serving in a supporting role.

1.2

Blight Findings Under the Act, an urban renewal area is a blighted area, which has been designated as appropriate for an urban renewal project. In each urban renewal area, conditions of blight, as defined by the Act, must be present, and in order for the Authority to exercise its powers, the City Council must find that the presence of those conditions of blight, “substantially impairs or arrests the sound growth of the municipality or constitutes an economic or social liability, and is a menace to the public health, safety, morals or welfare.” The Copper Ridge at Northgate Conditions Survey, prepared by Leland Consulting Group, dated January, 2010, which is attached hereto as Attachment

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1 (the “Survey”), demonstrates that the Copper Ridge at Northgate Conditions Survey Area (“Study Area”), as defined in the Survey, is a blighted area under the Act. 1.3

Other Findings The Area is appropriate for one or more urban renewal activities and undertakings authorized by the Act to be advanced by the City. It is the intent of the City Council in adopting this Plan that the City with the cooperation of the Authority exercise all powers authorized in the Act which are necessary, convenient or appropriate to accomplish the objectives stated herein. Further, it is the intent of this Plan that the City with the cooperation of the Authority exercise all such powers as may now be possessed or hereafter granted for the elimination of qualifying conditions in the Area. The powers conferred by the Act are for public uses and purposes for which public money may be expended and police powers exercised. This Plan is in the public interest and necessity -- such finding being a matter of legislative determination by the City Council.

1.4

Urban Renewal Area Boundaries The proposed Copper Ridge at Northgate Urban Renewal Area (the “Urban Renewal Area” or the “Area”) includes all properties within the City limits as delineated in Figure No. 1 and described in the legal description presented in the Appendix. The boundaries of the Area include approximately 289 acres of land generally defined to include 24 legal parcels plus public rights-of-way located within the Copper Ridge at Northgate Metro District. Geographically, it is situated immediately east of Interstate 25 and south of North Gate Boulevard, in northern Colorado Springs.

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Figure 1:

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As per the Statute, the legal description presented in the Appendix controls the boundary description in case of any conflict. 1.4.1

Map of Urban Renewal Area (Figure 1) The Urban Renewal Area map is presented as Figure No. 1 on the previous page.

2.0

Definitions

Act – means the Urban Renewal Law of the State of Colorado, Part 1 of Article 25 of Title 31, Colorado Revised Statutes, as amended. Area or Urban Renewal Area – means the Copper Ridge at Northgate Urban Renewal Area as depicted in Figure 1 and legally described in Appendix II. Authority – means the Colorado Springs Urban Renewal Authority. City Council – means the City Council of the City of Colorado Springs. Comprehensive Plan – the City of Colorado Springs Comprehensive Plan 2001 (the “Comprehensive Plan”). Cooperation Agreement – means any agreement between the City and Authority, or any public body (the term “public body” being used in this Plan as defined by the Act) respecting action to be taken pursuant to any of the powers set forth in the Act or in any other provision of Colorado law, for the purpose of facilitating public undertakings deemed necessary or appropriate under this Plan. C.R.S. – means the Colorado Revised Statutes, as amended from time to time.

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Impact Report – means the Copper Ridge at Northgate El Paso County Impact Report prepared by Leland Consulting Group, dated March, 2010, attached hereto as Attachment 2 and incorporated herein by this reference. Improvement District – means a special district created to make improvements, typically to public space infrastructure, in a given area. Plan or Urban Renewal Plan – means this Copper Ridge at Northgate Urban Renewal Plan. Property Tax Increment Revenue – means the property tax increment revenue allocated to the Authority as defined in Section 7.3.3 of this Plan. Redevelopment / Development Agreement – means one or more agreements between the City and developer(s) and / or property owners or such other individuals or entities as may be determined by the City to be necessary or desirable to carry out the purposes of this Plan. Sales Tax Increment Revenue - means the sales tax increment revenue allocated to the Authority as defined in Section 7.3.3 of this Plan. Study Area – means the geographic territory defined for the Survey, the boundaries of which are coterminous with the Area boundaries. Survey – means the Copper Ridge at Northgate Conditions Survey, prepared by Leland Consulting Group, dated January, 2010, attached hereto as Attachment 1 and incorporated herein by this reference. 3.0

Purpose of the Plan The purpose of this Plan is to reduce, eliminate and prevent the spread of blight within the Area and to stimulate growth and investment within the Area boundaries. To accomplish this purpose, the Plan promotes local objectives expressed in adopted

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community plans with respect to appropriate land uses, private investment and public improvements, provided that the delineation of such objectives shall not be construed to require that any particular project necessarily promote all such objectives. Specifically, the Copper Ridge at Northgate Urban Renewal Plan seeks to advance the vision and priorities of the City of Colorado Springs Comprehensive Plan 2001. Through the encouragement of the City to the Authority, this Plan has been prepared to support efforts to bring economic vitality to this northern gateway to the City. While the principal goal of the urban renewal effort, as required by the Act, is to afford maximum opportunity, consistent with the sound needs of the City as a whole and to develop and rehabilitate the Area by private enterprise; it is not intended to replace the efforts of area business development or marketing organizations. The development of properties within the Area will be accomplished through the improvement of existing and construction of new, structures and infrastructure, attraction of new investment and reinvestment in the Area through the involvement of the City with participation and cooperation by the Authority and private sector. 3.1

Development and Design Objectives All development in the Area shall conform to the Zoning Code and any sitespecific zoning regulations or policies which might impact properties, all as in effect and as may be amended from time to time. While the Act authorizes the Authority to undertake zoning and planning activities to regulate land use, maximum densities, and building requirements in the Area, the City will regulate land use and building requirements through existing municipal codes and ordinances. Based on current market studies and the City of Colorado Springs’ Comprehensive and Long-Range Transportation plans, the specific development objective for the Plan is to construct the remaining segment of Powers Boulevard (4 lane expressway) from SH 83 to I-25. Completion of Powers

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Boulevard is a priority project in the City’s Long-Range Transportation Plan. The roadway will be constructed by a special improvement district, financed with district bonds to be repaid using a mutually agreed upon portion of the sales and property tax increments generated by the retail center.

4.0

Blight Conditions Before an urban renewal plan can be adopted by the City, the Area must be determined to be a “blighted area” as defined in Section 31-25-103(2) of the Act, which provides that, in its present condition and use, the presence of at least four of the following factors (see below) in the Area, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: (a) (b) (c) (d) (e) (f) (g) (h) (i)

(j) (k.5)

(l)

Slum, deteriorated, or deteriorating structures; Predominance of defective or inadequate street layout; Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; Unsanitary or unsafe conditions; Deterioration of site or other improvements; Unusual topography or inadequate public improvements or utilities; Defective or unusual conditions of title rendering the title nonmarketable; The existence of conditions that endanger life or property by fire or other causes; Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; Environmental contamination of buildings or property; The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements; or If there is no objection by the property owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such property in an urban renewal area, “blighted area” also means an area that, in its present conditions and use and, by reason of the presences of any one of the factors specified in paragraphs (a) to (k.5) of Section 31-25-103(2), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing

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accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. The general methodology for conducting the Survey is to: (i) define the Study Area; (ii) gather information about properties, infrastructure and other improvements within the Area; (iii) evaluate evidence of blight through field reconnaissance, review of aerial photography, discussions with representatives of various City departments, etc., and, (iv) record observed and documented conditions as per the Statute. Among the 11 qualifying factors identified in the Act, the Survey identified the presence of the following four blight factors in the Study Area: (b)

Predominance of Defective or Inadequate Street Layout

(c)

Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness

(f)

Unusual Topography or Inadequate Public Improvements or Utilities

(k.5)

Existence of Health, Safety, or Welfare Factors Requiring High Levels of Municipal Services or Substantial Physical Underutilization or Vacancy of Sites, Buildings, or Other Improvements

Condition, (g) of Section 31-25-103(2), defective or unusual conditions of title rendering the title non-marketable, was not investigated. 5.0

Plan’s Relationship to Local Objectives and Appropriate Land Uses 5.1

General Description Implementation of this Urban Renewal Plan supports the objectives and requirements of the City of Colorado Springs Comprehensive Plan 2001 with respect to development and redevelopment. As development occurs in the Area, it shall conform to the Comprehensive Plan and any subsequent updates, the City Building and Zoning Code and any rules, regulations, and policies promulgated pursuant thereto, any site-specific planning documents that might

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impact properties in the Area including, but not limited to, City-approved site, drainage, and public improvement plans, and any applicable City design standards, all as in effect and as may be amended from time to time. Existing conditions present within the Area will be remedied by the proposed Plan, but will need to first be identified as a priority public investment item by the City. Improvements will be phased as the market allows and funded in part by tax increment revenues. 5.2

Relationship to Colorado Springs Comprehensive Plan A general plan for the City, known as the City of Colorado Springs Comprehensive Plan, was adopted in 2001. The City, private enterprise and other public bodies will undertake projects and activities described in this Plan in order to eliminate the conditions of blight identified herein while implementing the goals and objectives of the 2001 Comprehensive Plan and any subsequent updates. Specific elements of the City of Colorado Springs Comprehensive Plan 2001 which this Plan advances, include the following (taken verbatim). City of Colorado Springs Comprehensive Plan 2001 Introduction Our Community Envisions a Colorado Springs … 

That successfully integrates the uses and activities that meet the daily needs of residents, including housing, shops, work places, schools, parks and civic facilities; and



That has a transportation system with a high degree of efficiency, mobility, accessibility, connectivity, and a range of real choices for traveling between destinations within the community.

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Like many cities, we are beginning to see that at a cumulative level, the freedom the automobile brings can be the source of congestion on the roads, and deterioration of our neighborhoods. This plan places significant emphasis on creating opportunities for development to foster commercial activity centers that are compatible, convenient, and attractive. Chapter 3 – Transportation Policy T 103: Transportation System and Land Use Pattern Develop a land use pattern and a transportation system that are mutually supportive. Enhance access to housing, jobs, schools, goods and services, shopping, and recreation through the joint planning of land uses and transportation. Link sites used for living, working, shopping and recreating and make them accessible via transit, bike, foot and car. Objective T 3: Transportation System Implementation Implement the planned transportation system in a cost-effective manner, utilizing fair and efficient funding methods. Base maintenance and planned improvements to the transportation system upon revenues reasonably expected to be available. Significant parts of the City’s transportation system have yet to be built and available resources to address the increasing demands are limited. In order to maintain and improve the level of service of the transportation system, longrange planning will become increasingly important and new types of stable revenue sources will have to be identified. Chapter 4 – Community Infrastructure Services Infrastructure Services

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Objective CIS 1: Provide Efficient Services Provide infrastructure and public services in an efficient, fair and effective manner. Individual developers determine the timing of development, which makes it difficult for the City to pro-actively determine future service requirements and thus plan for the provision and maintenance in a systematic fashion. SCIP will be used to address deficiencies in infrastructure and services in the city. Strategic planning will be utilized as the process for programming and funding new infrastructure and service needs. The Strategic Network of Long-Range Plans will form the basis for identifying and programming future infrastructure and service needs. 5.3

Relationship to Other Community Plans Implementation of this Urban Renewal Plan will be consistent with development objectives expressed in all community adopted and accepted plans.

6.0

Authorized Urban Renewal Undertakings and Activities The Act allows for a wide range of activities to be used in the implementation of an urban renewal plan. It is the intent of this Plan to provide incentives to stimulate private investment in cooperation with property owners and other affected parties in order to accomplish its objectives. Public-private partnerships and other forms of cooperative development will be key to preventing the spread of blight and eliminating existing blight conditions. 6.1

Public Improvements and Facilities The City intends to undertake certain actions to make the Area more attractive for private investment. The City may, or cooperate with others to, install,

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construct, and reconstruct any public improvements. Additionally, the City may, or cooperate with others to, demolish and clear buildings and existing improvements for the purpose of promoting the objectives of the Plan and the Act. Public projects are intended to stimulate (directly and indirectly) private sector investment in and around the Area. It is the intent of this Plan that the combination of public and private investment that may be necessary to advance the vision stated herein will assist in the investment and reinvestment of the Area and thereby contribute to the overall economic well-being of the community. 6.2

Other Improvements and Facilities There could be other non-public improvements in the Area that may be required to accommodate development and redevelopment. The Authority may assist in the financing or construction of these improvements to the extent authorized by the Act.

6.3

Development Opportunities—Catalyst Projects A key concept associated with implementation of the Plan is targeted investment that will serve to catalyze development throughout the Area and fund future public improvements. The aggregate impact of potential investment within the Area is reflected in the Impact Report in Attachment 2.

6.4

Development Standards All development in the Area shall conform to applicable rules, regulations, policies and other requirements and standards of the City and any other governmental entity which has jurisdiction over all or any portion of the Area.

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6.5

Variations in the Plan The City Council may make such modifications to this Urban Renewal Plan as may be necessary provided they are consistent with the City of Colorado Springs Comprehensive Plan 2001 and any subsequent updates, as well as the Act, or such amendments made in accordance with this Plan and as otherwise contemplated by this Plan. Requests may be made for non-substantive variations from the provisions of this Plan if it determines that a literal enforcement of the provision would constitute an unreasonable limitation beyond the intent and purpose stated herein.

6.6

Urban Renewal Plan Review Process The review process for the Plan is intended to provide a mechanism to allow those parties responsible for implementing key projects to periodically evaluate its effectiveness and make adjustments to ensure efficiency in implementing the recommended activities. The following steps are intended to serve as a guide for future Plan review: (a)

The City may elect to make such modifications as may be necessary provided they are consistent with the City of Colorado Springs Comprehensive Plan 2001 and any subsequent updates, as well as the Act.

(b)

Modifications may be developed from suggestions by property and business owners, and City staff operating in advancement of this Plan.

(c)

A series of joint workshops may be held by and between the City and property and business owners to direct and review the development of Plan modifications.

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6.7

Project Financing and Creation of Tax Increment Areas While projects within the Area are planned to be primarily privately financed, it is the intent of the City Council in approving this Urban Renewal Plan to authorize the use of tax increment financing by the Authority to assist with the development of these projects. Urban renewal authorities in Colorado are authorized by statute (C.R.S 31-25-105) to borrow money and accept advances, loans, grants and contributions from public or private sources, and to issue bonds to finance their activities or operations. In practice, an accepted method for financing urban renewal projects is to utilize incremental property tax and / or municipal sales tax revenues attributable to redevelopment in the Area to pay the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by the Authority. The boundaries of the Urban Renewal Area shall be as set forth in Appendix II. As more fully set forth herein this Section 6.7, it is the intent of City Council in approving this Plan to authorize the use of tax increment financing as part of its efforts to undertake and advance the Plan.

6.8

Property Acquisition and Land Assemblage The Authority may acquire property by negotiation or any other method authorized by the Act, except that any proposal to acquire property under the power of eminent domain must first be approved by the City Council. If acquired, properties may be temporarily operated, managed and maintained under the management and control of the City and may be rented or leased pending its disposition for redevelopment.

6.9

Relocation Assistance It is not anticipated that acquisition of real property by the Authority will result in the relocation of any individuals, families, or business concerns. However, if

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such relocation becomes necessary, the Authority will adopt a relocation plan in conformance with the Act. 6.10

Demolition, Clearance, Environmental Remediation, and Site Prep Development activities consistent with this Plan, including but not limited to Development or Cooperation Agreements, may require such demolition and clearance to eliminate unhealthy, unsanitary, and unsafe conditions, eliminate obsolete and other uses detrimental to the public welfare, and otherwise remove and prevent the spread of deterioration.

6.11

Property Disposition In advancement of this Plan, real property or interest in real property may be sold, leased, or otherwise transferred subject to covenants, conditions and restrictions, including architectural and design controls, time restrictions on development, and building requirements, deemed necessary to develop such property. Real property or interests in real property may be sold, leased or otherwise transferred for uses in accordance with the Act and this Plan. All property and interest in real estate acquired in the Area that is not dedicated or transferred to public entities, shall be sold or otherwise disposed of for redevelopment in accordance with the provision of this Plan and the Act.

6.12

Redevelopment and Rehabilitation Actions Development and redevelopment actions within the Area may include such undertakings and activities as are in accordance with this Plan and the Act, including without limitation: demolition and removal of buildings and improvements; installation, construction and reconstruction of public improvements; elimination of unhealthful, unsanitary or unsafe conditions; elimination of obsolete or other uses detrimental to the public welfare; prevention of the spread of deterioration; and, provision of land for needed

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public facilities. Cooperation Agreements and Redevelopment /Development Agreements may be entered into in order to provide assistance or undertake all other actions authorized by the Act or other applicable law to develop and redevelop the Area. 6.13

Redevelopment / Development Agreements Redevelopment/Development Agreements or other contracts may be entered into with developer(s) or property owners or such other individuals or entities determined to be necessary or desirable to carry out the purposes of this Plan. Such Redevelopment/ Development Agreements, or other contracts, may contain such terms and provisions as shall be deemed necessary or appropriate for the purpose of undertaking the activities contemplated by this Plan and the Act, and may further provide for such undertakings, including financial assistance, as may be necessary for the achievement of the objectives of this Plan or as may otherwise be authorized by the Act. Existing agreements between the City and private parties that are consistent with this Plan are intended to remain in full force and effect, unless all parties to such agreements agree otherwise.

6.14

Cooperation Agreements The City and the Authority recognize the need to cooperate in the implementation of this Plan and, as such, Cooperation Agreements may include, without limitation, agreements regarding the planning or implementation of this Plan and its projects, as well as programs, public works operations, or activities which the Authority, the City or such other public body is otherwise empowered to undertake and including without limitation, agreements respecting the financing, installation, construction and reconstruction of public improvements, utility line relocation, storm water detention, environmental remediation,

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landscaping and/or other eligible improvements. This paragraph shall not be construed to require any particular form of cooperation. 7.0

Project Financing 7.1

Public Investment Objective Project implementation will require a public-private partnership between the retail developer(s), the City of Colorado Springs, the Colorado Springs Urban Renewal Authority, the special district and the affected taxing entities. Detailed implementation responsibilities will be defined by appropriate agreements between partners, as referenced elsewhere in this plan. The summarized roles for each partner are:

Private developer – construction and lease-up/sale of the retail center, in accordance with the redevelopment agreement

Special district – financing and construction of Powers Boulevard.

City of Colorado Springs – construction management for Powers Boulevard and oversight of the redevelopment agreement with the private developer

Colorado Springs Urban Renewal Authority – collection and disbursement of taxincrement funds in accordance with the agreements between partners. The Authority will have review and approval rights regarding the retail center and Powers Boulevard, to the extent necessary to assure the proper use of the taxincrement funds

Taxing entities – enter into the necessary agreements for the use of taxincrement funds in the implementation of the plan

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7.2

Authorization The City and Authority may finance undertakings pursuant to this Plan by any method authorized under the Act or any other applicable law, including without limitation: issuance of notes, bonds and other obligations as defined in the Act in an amount sufficient to finance all or part of this Plan; borrowing of funds and creation of indebtedness; reimbursement agreements; and / or utilization of the following: federal or state loans or grants; interest income; annual appropriation agreements; agreements with public or private entities; and, loans, advances and grants from any other available sources. The principal, interest, costs and fees on any indebtedness are to be paid for with any lawfully available funds of the Authority. Debt may include bonds, refunding bonds, notes, interim certificates or receipts, temporary bonds, certificates of indebtedness, or any other obligation lawfully created.

7.3

Tax Increment Financing Activities may be financed by the Authority under the tax increment financing provisions of the Act. Such tax incremental revenues may be used for a period not to exceed the statutory requirement, which is presently twenty-five years after the effective date of adoption of this Plan.

7.3.1

Special Fund

The Authority shall establish a tax increment revenue fund for the deposit of all funds generated pursuant to the division of ad valorem property and sales tax revenue described in this section.

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7.3.2

Base Amount That portion of the taxes which are produced by the levy at the rate fixed each year by or for each public body upon the valuation for assessment of taxable property in the Urban Renewal Area last certified prior to the effective date of approval of the Plan shall be paid into the funds of each such public as all other taxes collected by or for said public body.

7.3.3

Increment Amount

That portion of said property taxes in excess of such base amount shall be allocated to and, when collected paid into the tax increment revenue fund to pay the principal of, the interest on, and any other premiums due in connection with the bonds of, loans or advances to or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, the Authority for financing or refinancing, in whole or in part, the Urban Renewal Project, or to make payments authorized by the Act. Unless and until the total valuation for assessment of the taxable property in the Urban Renewal Area exceeds the base valuation for assessment of the taxable property in the Urban Renewal Area, all of the taxes levied upon taxable property in the Urban Renewal Area shall be paid into the funds of the respective public bodies. When such bonds, loans, advances and indebtedness, including interest thereon and any premiums due in connection therewith, have been paid, all taxes upon the taxable property in the Urban Renewal Area shall be paid into the funds of the respective public bodies. The increment portion of the taxes, as described in this subsection 7.3.3, may be irrevocably pledged by the Authority for the payment of the principal of, the interest on, and any premiums due in connection with such bonds, loans, advances and indebtedness incurred by the Authority to finance the Urban

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Renewal Project (as defined in the Act); provided, however, any offsets collected by the County Treasurer for return of overpayments or any reserve funds reserved by the Authority for such purposes in accordance with Section 31-25-107(9)(a)(III) and (b), C.R.S.. The Authority shall set aside and reserve a reasonable amount as determined by the Authority of all incremental taxes paid to the Authority for payment of expenses associated with administering the Plan. While this Plan anticipates that the primary source of revenue for eligible projects in the Area will be property tax increments and municipal sales tax increments, final increment amounts will be determined based on agreements between the City and other taxing entities in the Area. Upon City Council approval, the municipal sales tax increment will be allocated and distributed in accordance with the tax increment financing provisions of Section 31-25-107 (9), C.R.S., which is by this reference incorporated herein as if set forth in its entirety. It there is any conflict between the Act and this Urban Renewal Plan, the provisions of the Act shall control, and the language in the Plan will be automatically deemed to conform to the statute. All property and sales taxes collected within the Urban Renewal Area, by or for the benefit of any public body, shall be divided for a period not-to-exceed 25 years as follows: a) That portion of the taxes which are produced by the levy at the rate fixed each year by or for each such public body upon the valuation for assessment of taxable property in the Area last certified prior to the effective date of approval of the Urban Renewal Plan, or as to an area later added to the Area, the effective date of the modification of the Plan or that portion of municipal sales tax collected within the boundaries of said Area in the twelve month period ending on the last day of the month prior to the effective date of approval of the

Draft Copper Ridge at Northgate Urban Renewal Plan (4.23.10)

23

Plan, or both such portions, shall be paid into the funds of each such public body as are all other taxes collected by or for said public body. 7.4

Other Financing Mechanisms / Structures The Plan is designed to provide for the use of tax increment financing as one tool to facilitate investment and reinvestment within the Area. However, in addition to tax increment financing, the Authority shall be authorized to finance implementation of the Plan by any method authorized by the Act.

8.0

Severability If any portion of this Plan is held to be invalid or unenforceable, such invalidity will not affect the remaining portions of the Plan.

Draft Copper Ridge at Northgate Urban Renewal Plan (4.23.10)

24

Copper Ridge at Northgate Urban Renewal Plan City of Colorado Springs, Colorado

Appendix I:

Project Concept Images

Draft Copper Ridge at Northgate Urban Renewal Plan (4.23.10)

25

Draft Copper Ridge at Northgate Urban Renewal Plan (4.23.10)

26

Copper Ridge at Northgate Urban Renewal Plan City of Colorado Springs, Colorado

Appendix II:

Urban Renewal Legal Description

Draft Copper Ridge at Northgate Urban Renewal Plan (4.23.10)

27

289.277 AC

PARCEL 1

0 250'

N

500'

SCALE: 1" = 500'

1000'

DRAWN BY

CHECKED BY

H-SCALE

JOB NO.

1

JLS

RJS

867.00

1

1" = 500'

OF

04/22/10

DATE CREATED 04/22/10

DATE ISSUED

SHEET NO.

REVISIONS NO.

CITY OF COLORADO SPRINGS, EL PASO COUNTY, STATE OF COLORADO

2764 Janitell Road Colorado Springs, CO 80906 Office: (719) 576-1216 Fax: (719) 576-1206

4732 Eagleridge Circle Pueblo, CO 81008 Office: (719) 545-6240 Fax: (719) 545-6247

DESCRIPTION

DATE

REGULAR AGENDA ITEM

COUNCIL MEETING DATE: October 22, 2013 TO:

President and Members of City Council

CC:

Mayor Steve Bach

VIA:

Laura Neumann, Chief of Staff/Chief Administrative Officer

FROM:

Kara Skinner, Chief Financial Officer Peter Wysocki, Planning and Development Director Carl Schueler, Senior Planner, Land Use Review

Subject Title:

COLORADO SPRINGS DOWNTOWN DEVELOPMENT AUTHORITY 2014 BUDGET AND 2013 BUDGET AMENDMENT

SUMMARY: The Colorado Springs Downtown Development Authority (DDA) is a legal entity separate from the City of Colorado Springs. However, as required by State statute, it is necessary for City Council to review and approve the proposed 2014 Budget. The DDA is also requesting a minor amendment of their 2013 budget to address the disposition of unanticipated tax increment financing (TIF) funds. PREVIOUS COUNCIL ACTION: City Council approved creation of the DDA in 2006 and 2007 (Ordinance Nos. 06-135 and 07-15), and has approved its Budget annually since then. BACKGROUND: The DDA board intends to utilize a portion of the voter-approved property tax revenues to create and implement incentive and grant programs to support the goals of the Imagine Downtown Plan, which it has adopted as the basis for its scope of work. Initiatives include: • • • • • • • • •

Residential growth and variety of housing; Retail growth; Job retention and employment growth; Arts, culture and entertainment activities; Urban design and environmental improvements; Technology, sustainability components; Parking supply and management improvements; Better utilization of public spaces such as alleys and parks; and Transportation options and pedestrian-orientation.

The ordinances creating the DDA stipulate a specific mix of representation on its City Council-appointed board, to include one member of City Council. Currently that member is Councilwoman Gaebler.

Item No. 17

In early 2013 (after the 2012 Council approval of their 2013 budget), the DDA was notified that they were to receive a total of $226,060.13 in gross TIF funds. The plan and intent had been to restrict these revenues in fund balance for the remainder of this year, thereby avoiding a need to process a mid-year budget correction. However, it is now recognized that the DDA is obligated to appropriate a net share of these revenues in 2013 to pay the County Treasurer’s collection fee and to satisfy a TIF rebate agreement with School District No. 11. The net revenues would remain in fund balance for 2013 and not be appropriated. The $200 difference between the appropriations ordinance and the amended budget is the result of a minor tax abatement. FINANCIAL IMPLICATIONS: The proposed mill levy for the DDA in 2014 is 5.000 mills and is the same as was levied in 2013. As a separate legal entity, the financial activities of the DDA are separate from those of the City. The DDA has a tax increment financing (TIF) agreement in place, and does anticipate TIF revenues in 2014, which will augment unanticipated TIF revenues from 2013. These revenues, in combination with a substantial prior year’s balance, will result in a much higher proposed programmatic appropriation for 2014 (about $2.7M). This approach maximizes budgetary flexibility. However, full expenditure of this amount may not occur and would be subject to careful evaluation of programs needs by the board. The DDA has the authority to issue debt. However, none has been issued to date, and if this were to occur in the future, such debt would be issued in close coordination with and subject to approval by the City. ALTERNATIVES: N/A BOARD/COMMISSION RECOMMENDATION: The DDA Board of Directors recommends City Council’s approval of the proposed 2014 Budget. RECOMMENDATION: Staff recommends approval of the attached proposed 2014 Budget and minor 2013 budget amendment. PROPOSED MOTION: A motion to approve the proposed 2014 Budget for the Colorado Springs Downtown Development Authority, and 2013 budget amendment.

Attachments: − − − −

Colorado Springs Downtown Development Authority 2014 Budget and Scope of Work October 4, 2013 Request for Minor Amendment of 2013 DDA budget Resolution for Budget Contingency, dated October 8, 2013 2013 Board of Directors

-.~

,,\

-

DOWNTOWN SPRINGS

COLORADO

DEVEl.OPMENT

AUTHORITY

October 4, 2013 Carl Schueler, AICP Senior Planner - Comprehensive City of Colorado Springs 30 S. Nevada Ave, Suite 105 Colorado Springs, CO 80903

Dear Mr. Schueler: The Colorado Springs Downtown

Development

Authority

(DDA) seeks City Council's approval to appropriate

additional sums of money in the amount of $67,000 to defray unforeseen expenses in excess of amounts budgeted for in their 2013 budget. The DDA submitted its board-approved 2013 budget to City Council on September 5,2012, as per the City's budget calendar. Following the budget submittal, and the City's subsequent approval, the DDA received notice in December 2012 from the EI Paso County Assessor's office that revenue from TIF was assessed in 2012 and payable to the DDA in 2013. The DDA notified the City in January and was advised that an amended budget would not be necessary if the full revenue from TIF was to be restricted, which was and is the Board's intent. However, there are financial obligations the DDA must satisfy upon receipt of TIF. They are: Payment of Treasurers fee of 1.5% of TIF collected Payment of Intergovernmental Agreement for TIF Sharing with School District 11. With the payment of these obligations it is expected the DDA will exceed 2013 appropriated funds of $807,072.64 by $67,000. The DDA proposes to draw on prior year unrestricted funds to cover this appropriation. The DDA was able to work with the Assessor's office this year to receive a preliminary notice of 2013 TIF assessment prior to submittal of the 2014 budget, so we do not anticipate this situation occurring in this manner in future years. The request for this appropriation Since

will serve as the required Public Hearing for DDA budget amendment.

Iy,

;~

usan Edmondson President & CEO D~wntown

Partnership of Colorado Springs

117,311.00

(180,817.00)

Fund Balance

10/4/2013

Amended October 8,2013

[1] Estate Bequest received

41,629.00 18,405.00 417,130.00

6,102.00 220,000.00 12,913.00 543,306.00

270,064.00 70,677.00 848,669.00

617,761.00

315,715.00 41,381.00

250,665.00 53,626.00

917,580.00 1,034,891.00

841,434.00 660,617.00

851,547.00 667,852.00

360,452.00 147,476.00

73,333.00 15,610.00

75,564.00 383.00

84,408.00 15,000.00

779,749.00 17,279.00 16,786.00 14,823.00

117,311.00

2010 Actual

726,358.00 (56.00) 25,217.00 13,968.00

(180,817.00)

2009 Actual

725,204.00 20,122.00 6,813.00

(183,695.00)

2008 Actual

Programs Operations and Overhead Formation and Election Costs Interest Expense Issuance of Note Receivable Profess ional Total Expenditures

EXPENDITURES

Total Revenues Total Funds Available

Property taxes (less abatements) TIF (less abatements) Interest Income Principal Payments on Note Receivable Government Grants Return of Prior Year Grant Funds Specific ownership taxes Other

REVENUES

Beginning Fund balance - January 1

Colorado Springs Downtown Development Authority General Fund

[1J

1,332,672.24

28,227.00 8,220.00 428,613.76

349,225.88 42,940.88

1,143,525.00 1,761,286.00

1,370,371.77

8,800.00 818,390.40

772,452.61 37,137.79

856,089.93 2,188,762.17

2,000.00 30,000.00 69,500.00 10,685.00 650.00 71,793.00 260,852.00

W

742,598.51 (194.82) 1,501.24

1,332,672.24

805,573.00 (67.00) 4,724.00

617,761.00

2011 Actual

2012 Projected Year End

1,529,510.37

13,000.00 875,728.14

772,099.94 90,628.20

1,034,866.74 2,405,238.51

68,000.00

739,506.61 225,860.13 1,500.00

1,370,371.77

2013 Budgeted

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JOB NO.: 3'038

. 0 "0'3 """""""'TIt[V....,LDT_._~~a,., ~1111 0" Z I ~ II f'.or...~ I " ,) ( ft.= \ BY CITY PLANNING

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APPROVED ClTV

"""c 11 Hannah - City Zoning Code allows staff to review and decide upon these Land Use applications administrativelYj at this time there is nothing to warrant requiring these items to be taken to the City Planning Commission J including the possibility of any environmental impacts. »> »> You may decide to appeal my administrative decision within 10 day of the decision is rendered (at this time it is still under review)j the fee is $176 and you will need to complete the appeal form and cite the issues/criteria in which you are basing your appeal. »> »> Below are the criteria in which need to be addressed upon submittal of the appeal. »> 4. Criteria For Review Of An Appeal Of An Administrative Decision: In the written notice J the appellant must substantiate the following: »> »> »> a. Identify the explicit ordinance provisions which are in dispute. »> »> »> b. Show that the administrative decision is incorrect because of one or more of the following: »> »> »> (1) It was against the express language of this zoning ordinance J or »> »> »> (2) It was against the express intent of this zoning ordinance J or »> »> »> (3) It is unreasonable J or »> »> »> (4) It is erroneous J or »> »> »> (5) It is clearly contrary to law. »> »> »> c. Identify the benefits and adverse impacts created by the decision J describe the distribution of the benefits and impacts between the community and the appellantJ and show that the burdens placed on the appellant outweigh the benefits accrued by the community. »> »> »> Let me know if you have any additional questions. »> »> Mike Schultz J AICP »> Planner II »> Community Development Department »> Land Use Review Division »> 30 S. Nevada Ave. J Suite 105 »> Colorado SpringsJ CO 80901-1575 »> Phone: (719) 385-5089 »> E-mail: [email protected] »> »> 2

FIGURE 4

CPC Agenda September 19, 2013 Page 124

»>

>>> -----Original Message----»> From: Hannah Polmer [mailto:[email protected]] »> Sent: Friday) July 19) 2013 10:44 AM »> To: Schultz) Michael

>>> Subject: CPC DP 03-00259-A7MN13) AR PBA 13-00355 »>

»> Mr. Schultz) >>> »> I do not believe these applications should be decided upon administratively. I request a public hearing in order to access the environmental impacts to the neighborhood. »>

»> -Hannah Polmer »> owner 1413 Mesa Avenue »> Colorado Springs) CO 80906 »> »> »>

» » » > > >

3

FIGURE 4

CPC Agenda September 19, 2013 Page 125

Schultz, Michael From: Sent: To: Subject:

Hannah Polmer [[email protected]] Monday, July 08, 2013 9:48 PM Schultz, Michael Hill Climb Museum

Michael, I would like to know if the Hill Climb Museum was approved administratively by your office. I would like to know who approved the zoo's expansion through the years. Was there a traffic study done to research the possibility of negative impacts to the surrounding neighborhood? -Hannah polmer 1413 Mesa Ave

1

FIGURE 4

CPC Agenda September 19, 2013 Page 126

FIGURE 5

CPC Agenda September 19, 2013 Page 127

FIGURE 5

CPC Agenda September 19, 2013 Page 128

Schultz, Michael From: Sent: To: Subject:

Kelly Roth [kcos471 @yahoo.com] Thursday, August 29, 2013 6:01 PM Schultz, Michael Fw: Fwd: Your quote in the Cheyenne Edition

Mr. Schultz, Please consider our concern, along with neighbors, Keegan and Polmer residences, regarding the traffic issues associated with the new museum proposed in the Broadmoor employee parking lot. We thank you very much for your time and effort. Best regards, Kelly and Gary Bain 1514 Mesa Ave 80906

FIGURE 6

CPC Agenda September 19, 2013 Page 129

Carriage Museum Dally Visitors

2006 2007 2008 2009 2010 2011 2012 2013

258 808 317

503 656 534 475

436 559 217 620 889 931 698

429 448 379 331 393 405 641 445 833 529 644 1053 570 1172 782 1158

430 404 634 460 402 331 357 554 451 501 476 488 493 493 905 473 545 858 465 324 364 792 817 898 692 505 803 766 716 951 865 874 632 953 1035 780 1025 1047 990 1009 928 880 760 900 1140 1020 1219 1104 701 711 1215 1112

288 644 248 444 484 641 723

4,183 5,504 6,347 7,337 8,995 10,542 10,774 6,151

31.6% 15.3% 15.6% 22.6% 17.2% 2.2% -42.9%

FIGURE 7

CPC Agenda September 19, 2013 Page 130

Carriage Museum Receptions

2006 2007 2008 2009 2010 2011 2012

o 425 62

o 297 72

o 386 180 0 295 509 324

0 0 245 341 0 0

140 90 250 431 561 394 568

117 40 365 15

o o o

#of Attendees 72 January -Cooking Club Reception 52 February - AFCEA Cyberspace February-Leadership of the Rockies 272 144 April-5pace Foundation 278 April- Canadian Council 80 April-Space Foundation 66 April-ACYPL June-Council on Foundations 30 70 August-Pikes Peak Intemational Hili Climb September-Rocky Mountain Tax Seminar 75 316 September- MARSH Insurance Reception October-CIAB Reception 42 328 October-Home Front Cares Reception November -CSPD Medal of Valor 60 November- Fund for American Studies 54 40 December-Colorado Parks and Wildlife Commi:

102 39

o

81 139 150 30

57 0 312 40 0 180 0

0 275 158 177 76 108 70

Date of TImes Event 1/27/2012 6:00-8:00pm 21612012 5:00-7:00pm 2124/2012 5:30-7:30pm 4/1712012 5:00-6:30pm 4/18/2012 5:00-6:30pm 4/19/2012 4:00-S:30pm 4/24/2012 S:30-7:30pm 6/20/2012 4:30-S:15pm 8/8/2012 2:00-4:00pm 9/19/2012 S:30-7:00pm 9/30/2012 6:00-8:00pm 10/1l20125:00-7:00pm 10/512012 5:00-6:00pm 11/4/2012 S:OO-6:30pm 11/8/2012 6:00-7:30pm 121S12012 5:30-8:00pm

66 0 0 39 61 258 391

175 60 0 279 504 429 370

225 435 0 223 526 465 114

12 40 0 55 0 0 40

894 1,365 1,690 1,647 2,503 2,790 1,979

52.7% 23.8% -2.5% 52.0% 11.5% -29.1%

501 c(3) sponsored the event The Sports Corn oration Armed Forces Commlcations and Electronics Association Leadership Program of the Rockies Space Foundation Canadian Consulate General Space Foundation American Counc~ of Young Political Leaders (ACYPL) Council on Foundations The Sports Corporation EI Pomar Foundation The Zurich US Foundation The Zurich US Foundation The Home Front Cares Police Foundation of Colorado Springs The Fund for American Studies (TFAS) Colorado Parks and Wildlife Commission

FIGURE 7

CPC Agenda September 19, 2013 Page 131

Carriage Museum Receptions

2006 2007 2008 2009 2010 2011 2012

o 425 62

o

297 72

o 386 180 0 295 509 324

0 0 245 341 0 0

140 90 250 431 561 394

568

117 40 365 15

o o

o #of Attendees

January -Cooking Club Reception February - AFCEA Cyberspace February-Leadership of the Rockies April-Space Foundation April- Canadian Council April-Space Foundation April-ACYPL June-Council on Foundations August-Pikes Peak Intemational Hili Climb September-Rocky Mountain Tax Seminar September- MARSH Insurance Reception October-CIAB Reception October-Home Front Cares Reception November -CSPD Medal of Valor November- Fund for American Studies December-Colorado Parks and Wildlife Commi!

72 52 272

144 278 80 66 30 70 75 316 42 328 60 54 40

102 39

o

81 139 150 30

57 0 312 40 0 180 0

Date of Event

0 275 158 177 76 108 70

nmes

112712012 6:00-8:00pm 21612012 5:00-7:00pm 2124/2012 5:30-7:30pm 4/1712012 5:00-6:30pm 4/18/2012 5:00-6:30pm 4/19/2012 4:00-5:30pm 4/24/2012 5:30-7:30pm 6120/2012 4 :30-5:1Spm 8/8/2012 2:00-4:00pm 9/19/2012 S:30-7:00pm 9/30/2012 6 :00-8:00pm 10/1/2012S:00-7 :00pm 10/5/2012 S:00-6:00pm 11/4/2012 S:00-6:30pm 1118/2012 6:00-7:30pm 1215/2012 5:30-8:00pm

66 0 0 39 61 258 391

175 60 0 279 504 429 370

225 435 0 223 526 465 114

12 40 0 55 0 0 40

894 1,365 1,690 1,647 2,503 2,790 1,979

52.7% 23.8% -2.5% 52.0% 11 .5% -29.1%

501 c(3) sponsored the event The Sports Corporation Anned Forces Commlcations and Electronics Association Leadership Program of the Rockies Space Foundation Canadian Consulate General Space Foundation American Counc~ of Young PoliUcal Leaders (ACYPL) Council on Foundations The Sports Corporation EI Pomar Foundation The Zurich US Foundation The Zurich US Foundation The Home Front Cares Police Foundation of Colorado Springs The Fund for American Studies (TFAS) Colorado Parks and Wildlife Commission

FIGURE 7

CPC Agenda September 19, 2013 Page 132

FIGURE 8

c:::

CPC Agenda Sept. 19, 2013 Page 133

FIGURE 9