To: Honorable Mayor and Members of Town Council
Through: Bill Detweiler, Director, Development Services
From: Brad Boland, Planner II, Development Services Department
Title
Resolution Finding the Petition for Annexation to the Town of Castle Rock, Colorado, Designated on the Annexation Map as the Memmen Trails Annexation, to be in Substantial Compliance with Section 30 of Article II of the Colorado Constitution and with the Requirements of Section 31-12-107(1), C.R.S.; and Establishing a Date, Time and Place for the Hearing Prescribed Under Section 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 of Article II of the Colorado Constitution and the Municipal Annexation Act of 1965 [located east of Oman Road, south of South Street and north of Ash Avenue]
Body
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PUBLIC HEARING
Resolution Finding the Petition for Annexation to the Town of Castle Rock, Colorado, Designated on the Annexation Map as the Memmen Trails Annexation, to be in Substantial Compliance with Section 30 of Article II of the Colorado Constitution and with the Requirements of Section 31-12-107(1), C.R.S.; and Establishing a Date, Time and Place for the Hearing Prescribed Under Section 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 of Article II of the Colorado Constitution and the Municipal Annexation Act of 1965
The Town Council will now consider a request for the approval of Resolution Finding the Petition for Annexation to the Town of Castle Rock, Colorado, Designated on the Annexation Map as the Memmen Trails Annexation, to be in Substantial Compliance with Section 30 of Article II of the Colorado Constitution and with the Requirements of Section 31-12-107(1), C.R.S.; and Establishing a Date, Time and Place for the Hearing Prescribed Under Section 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 of Article II of the Colorado Constitution and the Municipal Annexation Act of 1965.
In order to afford all parties due process under law, the Town Council members must be fair and impartial in deciding whether this application should be approved, approved with conditions, or denied. In making that determination, each Councilmember must consider the record, which includes the planning commission recommendation, the staff recommendation, the applicant presentation, public comment presented during the hearing, and other written public comments offered before or during the hearing. Under law, Town Council must evaluate this proposal based solely upon the record and the criteria established under the Municipal Code, which are highlighted in the staff report.
It is important that each Councilmember remain objective and capable of considering information offered into the record during this hearing.
Does any Councilmember believe that he or she is incapable of evaluating and voting on the application consistent with these due process requirements? If so, please describe the situation and recuse yourself from further participation on this agenda item.
Does any Councilmember have a conflict of interest or any other matter he or she would like to disclose prior to proceeding on this item?
The Council will hear from the applicant, the public and staff. Time for this public hearing is allotted as follows:
Staff Report: as needed
Applicant Presentation: as needed
Public Comment: as needed
Applicant Response as needed
Council Questions: as needed
Follow-up Questions: as needed
Madame Clerk, has this public hearing been properly noticed under the applicable regulations for this type of land use hearing? (Clerk to refer to certification from Development Services, describing the notice).
Mr. Detweiler, the staff introduction please
(Public hearing is conducted, applicant presentation, public comment, applicant response, questions from Council)
Do any Council members have any final questions of staff or the applicant before I close the public hearing and refer this to the Council for action?
I now close the public hearing and refer this to Council for discussion and action.
AGENDA MEMORANDUM
To: Honorable Mayor and Members of Town Council
Through: Bill Detweiler, Director, Development Services
From: Brad Boland, Planner II, Development Services Department
Title: Resolution Finding the Petition for Annexation to the Town of Castle Rock, Colorado, Designated on the Annexation Map as the Memmen Trails Annexation, to be in Substantial Compliance with Section 30 of Article II of the Colorado Constitution and with the Requirements of Section 31-12-107(1), C.R.S.; and Establishing a Date, Time and Place for the Hearing Prescribed Under Section 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 of Article II of the Colorado Constitution and the Municipal Annexation Act of 1965
Executive Summary
15 M, LLC has submitted a Petition for Annexation for a parcel of land which is located east of Oman Road, south of Memmen Park, and north of the Glover subdivision.
Petitions for Annexation require public hearing before Town Council for review and determination of its Substantial Compliance with the applicable requirements of the Colorado Municipal Annexation Act (Act).
Once Town Council concurs a Petition for Annexation is in Substantial Compliance with the Act, the Act mandates that Town Council set a date for its Eligibility Hearing. The Eligibility Hearing determines if the allegations made in the petition are supportable and eligible to move forward to the Town’s Annexation and Zoning process. Upon approval of the Substantial Compliance Resolution the Eligibility Hearing for this petition will be scheduled for March 5, 2019.
Please note that the Substantial Compliance and Eligibility hearings only determine whether or not a Petition for Annexation may move forward to the Town’s Annexation and Zoning process. It is at the Town’s Annexation and Zoning hearings that Town Council determines whether or not it is in the Town’s interest to annex the property.
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 March 5, 2019.
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 Plat Map