To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Tara Vargish, PE, Director, Development Services
Sandy Vossler, Senior Planner, Development Services
Title
Resolution Finding that the Petition for Annexation Submitted by ACM Dawson Trails VIII JV LLC and the Town of Castle Rock are in Substantial Compliance with Article II, Section 30(1)(B) of the Colorado Constitution and Section 31-12-107(1), C.R.S.; and Setting a Date, Time and Place for a Hearing to Determine if the Subject Properties are Eligible for Annexation Under Article II, Section 30 of the Colorado Constitution and Sections 31-12-104 and 31-12-105, C.R.S. [Territorial Road Annexation]
Body
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Executive Summary
The purpose of this staff report is to demonstrate to Town Council that the Territorial Road Annexation Petition (Attachment C) is in Substantial Compliance with the State of Colorado requirements under the Municipal Annexation Act of 1965 (Act), and to set the date for the Eligibility hearing as July 15, 2025.
The Territorial Road Annexation consists of multiple parcels totaling 4.7 acres, located within the Territorial Road ROW and adjacent to the Dawson Trails Planned Development and Twin Oaks, a subdivision in Douglas County (Figure 1 and Attachment A).
Annexation of the parcels identified by the Territorial Road Annexation Map (Attachment D) is part of a larger effort to incorporate eligible Town-owned properties, as well as to annex parcels owned by ACM Dawson Trails VIII JV, LLC (ACM Dawson Trails) and that were excluded from the 2022 Dawson Trails rezoning.
The Colorado Revised Statutes (C.R.S.) require that petitions for annexation be considered in a public hearing before Town Council to determine if the petition is in Substantial Compliance with the applicable requirements of the Colorado Municipal Annexation Act (Act) (Attachment B).
If Town Council finds that a petition for annexation is in Substantial Compliance with the Act, the Act mandates that Council set a date for the Eligibility hearing. At the Eligibility hearing, Town Council will determine whether the statements in the annexation petition are true and accurate, and if the property is eligible for annexation.
Upon approval of the Substantial Compliance resolution, staff requests that the Eligibility hearing for the Territorial Road Annexation Petition be scheduled for Tuesday, July 15, 2025.
Town Council’s actions at the Substantial Compliance and Eligibility hearings do not establish or convey any entitlements for the properties. Council’s action only determines whether or not a petition for annexation may move forward to the Town’s annexation and zoning process. It is at the annexation and zoning hearing that Town Council will decide whether or not it is in the Town’s interest to annex the property.
Budget Impact
The process of determining Substantial Compliance has no impact to the Town budget.
Staff Recommendation
Staff recommends that Town Council find that the Territorial Road Annexation Petition substantially complies with the State requirements, and further recommends that Council set the Eligibility hearing date for Tuesday, July 15, 2025.
Proposed Motion
“I move to approve the Resolution, as introduced by title.”
Attachments
Attachment A: Vicinity Map
Attachment B: Resolution
Attachment C: Territorial Road Annexation Petition
Attachment D: Territorial Road Annexation Map