To: Honorable Mayor and Members of Town Council
From: Donna Ferguson, Planner II, Development Services
Title
Resolution of the Castle Rock Town Council Making Required Statutory Findings Concerning the Eligibility of Certain Property for Annexation (Your Storage Center at Castle Rock Annexation) [I-25 Frontage Road between Brookside Circle and S. Perry Street]
Body
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PUBLIC HEARING - ELIGIBILITY
Resolution of the Castle Rock Town Council Making Required Statutory Findings Concerning the Eligibility of Certain Property for Annexation (Your Storage Center at Castle Rock Annexation) [I-25 Frontage Road between Brookside Circle and S. Perry Street]
The Town Council will now consider this Resolution. As is outlined in the agenda memorandum, this is the second stage of annexation proceedings as specified by statute and town code. This eligibility hearing requires the Council to determine whether the annexation petition and property comply with certain statutory requirements. The applicant is entitled to a fair and impartial hearing on whether the applicant has demonstrated compliance with these requirements. Determination of eligibility does not in any manner bind the Council to favorably consider the annexation when the annexation ordinance is later presented to Council for hearing and final action.
Does any Councilmember have any questions or concerns with the purpose of the hearing and the effect of the Resolution?
AGENDA MEMORANDUM
To: Honorable Mayor and Members of Town Council
From: Donna Ferguson, Planner II, Development Services
Title: Resolution of the Castle Rock Town Council Making Required Statutory Findings Concerning the Eligibility of Certain Property for Annexation (Your Storage Center at Castle Rock Annexation) [I-25 Frontage Road between Brookside Circle and S. Perry Street]
Executive Summary
On June 13, 2017 a Petition for Annexation (Petition) for property consisting of two parcels of land located along the I-25 Frontage Road (Figure 1) was filed with the Town by Cactus Moon Maizeland, LLC. On July 18, 2017 Town Council found the Petition to be in Substantial Compliance with the applicable requirements of the Colorado Municipal Annexation Act of 1965 and scheduled its Eligibility Hearing for September 5, 2017. The purpose of this hearing is for Town Council to review the statute allegation made in the Petition and make a determination as to whether or not the property is Eligible for Annexation consideration into the Town (Attachment A).
There are three steps required in the annexation process. The first two steps, Substantial Compliance and Eligibility, are procedural; the Town can only determine whether or not an annexation request meets State requirements, as set forth in the Colorado Revised Statutes regarding annexations. The third step is when the Town determines whether a request complies with the Town’s Vision, Comprehensive Master Plan, and Municipal Code through advertised public hearings at Planning Commission and Town Council. Those hearings will be scheduled for future meetings.
The Eligibility Hearing is procedural; this hearing only determines whether the proposed annexation meets State requirements and makes findings on whether or not an election is required. The Eligibility criteria are:
• The proposed annexation complies with Section 30, Article II of the Colorado Constitution, and as applicable §§ 31-12-104 and 105, Colorado Revised Statutes (C.R.S.),
• More than 50% of the landowners in the area to be annexed, owning more than 50% of the area to be annexed have petitioned for annexation,
• A community of interest exists between the area proposed to be annexed and the Town, the area to be annexed is urban or will be urbanized in the near future, and the area to be annexed is integrated with or is capable of being integrated with the Town,
• At least 1/6 of the perimeter of the property to be annexed is contiguous with the Town boundary;
• No additional terms and conditions are to be imposed; and
• No election is required because 100% of the private property owners signed the annexation petition.
Only after the request is found to be Eligible can the Town hold a hearing to determine whether the property should be annexed. The legal description of the property in question is attached (Exhibit A of Attachment A). Staff finds that the proposed annexation meets State of Colorado requirements and recommends approval.
Budget Impact
The finding of eligibility does not have any financial impact. Financial impacts will be addressed through the annexation hearing process, the third and final step in the annexation process.
Staff Recommendation
Based on the findings above, the proposed annexation area is eligible per State Statute and staff recommends that Town Council approve the Resolution finding the property eligible for annexation.
Proposed Motion
I move to approve the Resolution as introduced by title.
Attachments
Attachment A: Petition
Attachment B: Annexation Plat
Attachment C: Resolution
Exhibit A: Legal Description