To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Tara Vargish, PE, Director, Development Services
BrieAnna Simon, Senior Planner, Development Services
Title
Resolution Finding that Certain Property, which is the Subject of a Petition for Annexation Submitted by JRW Family Limited Partnership LLLP, is Eligible for Annexation Under Article II, Section 30 of the Colorado Constitution and Sections 31-12-104 and 31-12-105, C.R.S. (Pine Canyon Annexation)
Body
________________________________________________________________________________
Executive Summary
The purpose and intent of this staff report is to demonstrate to Town Council that the proposed 535-acre Pine Canyon Annexation meets the State of Colorado requirements for annexation, and to recommend approval of a resolution making statutory findings that the property is eligible for annexation (Attachment B).
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, 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 found within the resolution attached (Attachment B). 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: Vicinity Map
Attachment B: Resolution (contains Legal Description)
Attachment C: Annexation Plat/Map