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 the Petition for Annexation Submitted by Matrix Design Group is 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 Property 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. [Wellspring Community Annexation, 498 E. Wolfensberger Road]
Body
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Executive Summary
The purpose and intent of this staff report is to demonstrate to Town Council that the Wellspring Community Annexation Petition is in Substantial Compliance with the State requirements under the Municipal Annexation Act of 1965 (Act), and to set the date for the Eligibility hearing as Tuesday, April 18, 2023 (Attachment B).
Discussion
The Property:
The Wellspring Community Annexation property is located at 498 E. Wolfensberger Road, which is north of Castle Highlands Park, west of Auburn Drive, south and east of the Hillside/Arbors development currently under construction on Wolfensberger Road (Attachment A). The 2.07 acre property is zoned Agricultural One (A-I) in unincorporated Douglas County and is undeveloped.
Annexation Process:
Annexation is a three-step process. During the first two steps, Substantial Compliance and Eligibility, Town Council determines whether an annexation request meets the statutory requirements for annexation established in the Colorado Revised Statutes, specifically the Municipal Annexation Act of 1965 (Act). The third step is when Town Council determines whether an annexation request complies with the Town’s guiding documents and the Municipal Code, and if the property should be annexed to the Town. The following is a summary of the three steps required for annexation.
1. Substantial Compliance. Town Council determines if the annexation petition is in the prescribed form and contains the necessary statutory criteria. For example, in order to be compliant with the statutes, a finding must be made that the petitioners constitute more than 50% of all landowners and that the petitioners own more than 50% of the total area of the property, excluding certain public ownership. Town Council must also set a date, time and place for an Eligibility Hearing.
2. Eligibility. After four consecutive weeks of public notice in a newspaper of general circulation, Town Council will determine if the statements (referred to as “allegations” in the statute) in the annexation petition are supportable and that the property is eligible for annexation under the Act. The Eligibility Hearing must occur between 30 and 60 days after the Substantial Compliance Hearing. If the Substantial Compliance resolution is approved, the Eligibility Hearing for the Wellspring Community Annexation will be scheduled for Tuesday, April 18, 2023.
3. Annexation and Zoning. Once an annexation petition has been found to be both substantially compliant and eligible for annexation, Town Council may proceed with the Annexation and Zoning Hearings at Planning Commission and Town Council. Substantial Compliance and Eligibility determine whether the parcel can be annexed; this final step determines whether a parcel should be annexed.
Budget Impact
The process of determining Substantial Compliance has no impact to the Town budget.
Staff Recommendation
The Wellspring Community Annexation Petition substantially complies with the State requirements and staff recommends setting an Eligibility Hearing date of Tuesday, April 18, 2023.
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: C.R.S. Section 31-12-107
Attachment D: Annexation Petition
Attachment E: Annexation Plat/Map