To: Honorable Mayor and Members of Town Council
Through: Bill Detweiler, Director, Development Services
From: Brad Boland, Planner II, Development Services
Title
Resolution of the Castle Rock Town Council Making Required Statutory Findings Concerning the Eligibility of Certain Property for Annexation (Memmen Trails Annexation) [located along South Oman Road, north of South Gilbert Road, and south of Memmen Ridge Park]
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 (Memmen Trails Annexation)
The Town Council will now consider this Resolution.
The determination as to whether the property petitioned for annexation is eligible for annexation to the Town is governed by criteria in the Municipal Annexation Act. Under the Town’s municipal code that determination requires an objective consideration by the Town Council as to whether the application for annexation meets the eligibility criteria. However, the determination as to whether the property is eligible for annexation is entirely separate and distinct from the later decision by the Town Council as to whether the property will be annexed to the Town. Consequently, I ask the Council to limit its inquiry this evening as to the statutory criteria outlined in the staff report. Is any Councilmember unable to proceed with the consideration of this Resolution as I have outlined?
AGENDA MEMORANDUM
To: Honorable Mayor and Members of Town Council
Through: Bill Detweiler, Director, Development Services
From: Brad Boland, Planner II, Development Services
Title: Resolution of the Castle Rock Town Council Making Required Statutory Findings Concerning the Eligibility of Certain Property for Annexation (Memmen Trails Annexation)
Executive Summary
On November 21, 2018, a Petition for Annexation (Petition) for a property along South Oman Road, north of South Gilbert Road, and south of Memmen Ridge Park (Figure 1) was filed with the Town by 15M, LLC. On January 8, 2019, Town Council found the Petition to be in Substantial Compliance with the applicable requirements of the Colorado Municipal Annexation Act of 1965 and scheduled its Eligibility Hearing for March 5, 2019. The purpose of this hearing is for Town Council to review the statute allegation made in the Petition and make a determination as to whether or not the property is Eligible for Annexation consideration into the Town (Attachment A).
There are three steps required in the annexation process. The first two steps, Substantial Compliance and Eligibility, are procedural; the Town can only determine whether or not an annexation request meets State requirements, as set forth in the Colorado Revised Statutes regarding annexations. The third step is when the Town determines whether a request complies with the Town’s Vision, Comprehensive Master Plan, and Municipal Code through advertised public hearings at Planning Commission and Town Council. Those hearings will be scheduled for future meetings.
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 (Exhibit A of Attachment A). Staff finds that the proposed annexation meets State of Colorado requirements and recommends approval of the Eligibility resolution.
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: Petition
Attachment B: Annexation Plat
Attachment C: Resolution
Exhibit A: Legal Description