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File #: RES 2016-064    Version: 1 Name:
Type: Resolution Status: Passed
File created: 5/5/2016 In control: Town Council
On agenda: 6/14/2016 Final action: 6/14/2016
Title: Resolution Finding a Certain Petition for Annexation Known as the Alexander Place Annexation to be in Substantial Compliance with Section 30 of Article II of the Colorado Constitution and with the Requirements of ?31-12-107(1) C.R.S.; and Establishing a Date, Time and Place for the Hearing prescribed under ?31-12-108 C.R.S. to Determine if the Property Petitioned for Annexation to the Town of Castle Rock is Eligible for Annexation under Section 30, Article II of the Colorado Constitution and the Municipal Annexation Act of 1965 [Substantial Compliance Hearing, East Terminus of Alexander Place]
Attachments: 1. Staff Report, 2. Attachment A: Resolution, 3. Exhibit A: Legal Description, 4. Attachment B: Signed Petition, 5. Attachment C: Sub. Comp. Hearing

To:                     Honorable Mayor and Members of Town Council

 

From:                     Kathy Marx, Senior Planner, Development Services Department

 

Title

Resolution Finding a Certain Petition for Annexation Known as the Alexander Place Annexation to be in Substantial Compliance with Section 30 of Article II of the Colorado Constitution and with the Requirements of §31-12-107(1) C.R.S.; and Establishing a Date, Time and Place for the Hearing prescribed under §31-12-108 C.R.S. to Determine if the Property Petitioned for Annexation to the Town of Castle Rock is Eligible for Annexation under Section 30, Article II of the Colorado Constitution and the Municipal Annexation Act of 1965 [Substantial Compliance Hearing, East Terminus of Alexander Place]

Body

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Executive Summary

 

The purpose and intent of this staff report is to demonstrate to Town Council that the Alexander Place Annexation Petition is in Substantial Compliance with the applicable requirements of the Municipal Annexation Act (Act).  After the Council concurs that a conforming annexation petition

has been submitted, the Act mandates that the Council set a hearing date to determine if the allegations made in the petition are supportable and that the property is eligible for annexation (Eligibility Hearing).  The Eligibility Hearing will be held on July 19, 2016.

The Substantial Compliance and Eligibility Hearings determine whether a proposed annexation application may later be annexed to the Town.  The Town Council, however, has no obligation to approve an annexation simply because the property is eligible for annexation.  Council will determine whether it is in the Town’s interest to annex the property when the annexation and zoning ordinances are considered at public hearing later this year.

 

Staff finds that the petition substantially complies with State requirements and recommends approval of the Substantial Compliance Resolution (Attachment A).

 

Budget Impact

 

The action of determining substantial compliance does not have any financial impact.

 

Staff Recommendation

 

The application substantially complies with the State requirements and staff recommends setting an Eligibility Hearing date of July 19, 2016.

 

Proposed Motion

 

I move to approve the Resolution as introduced by title.

 

Attachments

 

Attachment A:  Resolution

Exhibit A:  Legal Description

Attachment B:  Annexation Petition

Attachment C:  Annexation Map