A. Purpose: It is the policy of the City that whenever land is proposed for residential use, the owner of the land shall provide land for school needs generated by the proposed residential use through the dedication of land or payment of fees in lieu of land dedication, or both.
B. Applicability:
1. General: This Section 7.4.308 shall apply to residential development in all Subdivision Plats that have not satisfied both of the following conditions prior to August 28, 1974:
a. The Preliminary or Final Plat must have been approved by the City Council or the Board of County Commissioners of the County of El Paso; and
b. The Preliminary or Final Plat must have satisfied all prerequisites of plat approval imposed by this UDC and all provisions and stipulations imposed by the City Council or all prerequisites of plat approval imposed by the Board of County Commissioners of the County of El Paso.
2. Replatting or Resubdividing: The following considerations will be taken in account in any replat of land platted prior to September 6, 1973, for which School Site Fees were paid or land was dedicated:
a. If the replat is to correct engineering errors (legal descriptions), it is exempt from this Section 7.4.308.
b. If School Site Fees have been paid or land dedicated, or both, the land replatted shall be exempt from the provisions of this Section 7.4.308 unless as a result of such replat residential density is increased. If residential density is increased, the owner shall pay the fees or dedicate land, or both, in those amounts set forth in this Section 7.4.308 as applied only to additional residential units shown on the replat. If residential density is decreased in the replat, the provisions of this Section 7.4.308 shall not apply.
C. School Land Demand: The City has determined that the following information is a reasonable and valid basis for determining the City's school land dedication requirement.
1. The minimum acreage requirements for schools, assuming ideal site topography, are set forth in Table 7.4.3-D.
2. The survey area for the school population study of June 1973, set forth in Table 7.4.3-E is typical of the developing areas in the City.
Students Per Dwelling Unit | |
Population | Students per Dwelling Unit |
Elementary | |
5,499 single-family and duplex at 4,032 students | 0.7332 |
2,651 multi-family at 469 students | 0.1769 |
Junior High School | |
5,499 single-family and duplex at 1,691 students | 0.3075 |
2,651 multi-family at 135 students | 0.0509 |
Senior High School | |
5,499 single-family and duplex at 1,139 students | 0.2071 |
2,651 multi-family at 193 students | 0.0728 |
3. The demand for land for school sites for new development is set forth in Table 7.4.3-F.
Required Acres per Dwelling Unit | |||||
Land Use/School Type | |||||
Low Density | Students per Dwelling Unit | Acres per Student | Required acres per Dwelling Unit | ||
Elementary | 0.7332 | x | 0.0127 | = | 0.0093 |
Junior High School | 0.3075 | x | 0.02 | = | 0.0061 |
Senior High School | 0.2071 | x | 0.0225 | = | 0.0046 |
Total Low Density | 0.0200 | ||||
High Density | = | ||||
Elementary | 0.1769 | x | 0.0127 | = | 0.0022 |
Junior High School | 0.0509 | x | 0.02 | = | 0.0010 |
Senior High School | 0.07 | x | 0.0225 | = | 0.0016 |
Total High Density | 0.0048 | ||||
D. Dedication or Fee-in-Lieu Required:
1. School Site Requirement:
a. Based on the data presented in Subsection C above, the school site land dedication requirement is 0.0048 acres (two hundred and nine (209) square feet) per dwelling unit for residential development with a density greater than eight dwelling units per acre, and 0.02 acres (eight hundred and seventy-one (871) square feet) per dwelling unit for residential development with a density of eight (8) dwelling units per acre or less. Land to be dedicated for a school site shall meet the following criteria:
(1) Provides adequate access;
(2) Include a proper general configuration; and
(3) Contain suitable physical characteristics, such as drainage, vegetation, and soil type.
b. The fee in lieu of land dedication is $76,602 per acre.
2. Procedure for Determining Land Dedication or Payment of Fee-in-Lieu:
a. At the time of filing a Final Plat, if the Colorado Springs Comprehensive Plan or an approved Land Use Plan or Development Plan for the for the area including the plat area indicates a site for a future school, the Subdivider shall contact the school district to determine the desire of both agencies regarding the area.
b. At the time of filing a Preliminary or Final Plat, the appropriate school district shall indicate whether land dedication or fees in lieu of land are required for school purposes. The appropriate school district shall submit their recommendations to the Planning Department within ten (10) days of notification that a plat has been filed.
3. Procedure for Dedication of Land: Dedication when required shall be accomplished by transfer of deed or dedication by plat. This must be done prior to approval of the Preliminary/Final or Final Plat. The subdivider shall be required to convey clear title to the land to be deeded or dedicated to the school district. Where the subdivider cannot convey clear title at the time of Final Plat approval, the City Council may, in its discretion, accept a contract to convey the land at a later time certain accompanied by an acceptable assurance guaranteeing payment of a sum equal to the value of the land. Where the site is under the control of a third party, a similar three-party arrangement may be made.
4. Procedure for Payment of Fee-in-Lieu: Where fees are required, such fees shall be paid at the time of platting. School Site Fees shall be made payable to the appropriate school district.
E. Additional Information Required on All Plats: The Final Plat shall record the manner of compliance with the provisions of this Section 7.4.308. As appropriate, the plat shall record acreage dedicated. Dedication or conveyance and acceptance of the land shall state that land is to be used for school purposes.
F. Cost of Development of School Site: If land is dedicated to a school district in accordance with this Section 7.4.308, the school district shall be required to pay its share of costs incurred in the development of the school including but not limited to adjacent roads, drainage, sidewalks, and utility extensions. The payment of these costs shall be deferred until funds are appropriated and may be deferred pursuant to a recovery agreement between the landowner and the school district so that the costs need not be paid by the school district until improvements to the land are completed and the land is put to public use. If payment of costs is deferred pursuant to a recovery agreement, ten percent of the costs shall be added to the costs for each year up to fifteen (15) years.
G. Disposal of Surplus School Land: If any school district which has received school site land as a result of the provisions of this Section 7.4.308 determines that the land will not be used for school purposes, the following disposal procedure shall be followed:
1. That portion of the school site adjacent to the park site that was to be used as a joint site for recreational activities by both the City and school district or that portion of the school site that can be used for recreational activities or any portion thereof that can be used for recreational activities, as determined by the Parks, Recreation and Cultural Services Manager, shall be offered to the City for park or open space purposes. If the City accepts such offer, the City shall reimburse the school district and/or the landowner in an amount equal to the amount of land times the current School Site Fee in effect at the time of the school site disposal plus any actual costs incurred by the school district in the development of the portion of the school site acquired including but not limited to adjacent roads, drainage, or sidewalks. Ten percent of the actual costs shall be added to the actual costs for each year up to fifteen (15) years.
2. If the Parks, Recreation and Cultural Services Manager determines that the City does not desire the recreational portion of the school site or only desires a portion of the recreational portion of the school site, then the school district shall offer all of the remaining surplus school site to the person who dedicated such real property for school purposes. If the person who dedicated the property desires to acquire the land from the school district, that person shall trade, if possible, for other land the school district desires or that person shall pay the current School Site Fee in effect at the time of the school site abandonment plus any actual costs incurred by the school district in the development of the site including but not limited to adjacent roads, drainage, or sidewalks. Ten (10) percent of the actual costs shall be added to the actual costs for each year up to fifteen (15) years.
3. If there is any school site land left over after the City and original dedicating person have made their decisions regarding acquisition of such site, the school district may offer the land for sale subject to applicable State statutes, rules, and regulations.
4. Anyone other than the City that acquires surplus school site property shall be required to meet all the terms and conditions of this UDC before developing such land. (Ord. 23-03)