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File #: RES 2024-088    Version: 1 Name:
Type: Quasi-Judicial Resolution Status: Passed
File created: 6/18/2024 In control: Town Council
On agenda: 8/20/2024 Final action: 8/20/2024
Title: Resolution Finding that Certain Property, which is the Subject of a Petition for Annexation Submitted by Castle Rock Ventures, LLC, 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. (Terra Monte Annexation) [32.29-acres located at the northwest corner of Plum Creek Parkway and Ridge Road]
Attachments: 1. Staff Report, 2. Attachment A: Vicinity Map, 3. Attachment B: Resolution, 4. Attachment C: Annexation Plat/Map, 5. Staff Presentation

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 Castle Rock Ventures, LLC, 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. (Terra Monte Annexation) [32.29-acres located at the northwest corner of Plum Creek Parkway and Ridge Road]

Body

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Executive Summary

 

The purpose and intent of this staff report is to demonstrate to Town Council that the proposed 32.29- acre Terra Monte 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 Resolution).

 

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 Resolution). 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

Attachment C:                     Annexation Plat/Map