To: Honorable Mayor and Members of Town Council
From: Kathy Marx, Senior Planner, Development Services
Title
Resolution of the Castle Rock Town Council Making Required Statutory Findings Concerning the Eligibility of Certain Property for Annexation (Calvary Chapel Castle Rock Annexation)
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 (Calvary Chapel Castle Rock Annexation)
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: Kathy Marx, Senior Planner, Development Services
Title: Resolution of the Castle Rock Town Council Making Required Statutory Findings Concerning the Eligibility of Certain Property for Annexation (Calvary Chapel Castle Rock Annexation)
Executive Summary
The purpose and intent of this staff report is to demonstrate to Town Council that the proposed 5.4 acre Calvary Chapel Castle Rock 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, 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 (Attachment B, Exhibit 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 Resolution as introduced by title.
Attachments
Attachment A: Vicinity Map
Attachment B: Resolution
Exhibit A: Legal Description
Attachment C: Annexation Plat