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File #: RES 2020-076    Version: 1 Name:
Type: Resolution Status: Passed
File created: 7/10/2020 In control: Town Council
On agenda: 8/18/2020 Final action: 8/18/2020
Title: Resolution Finding the Petition For Annexation to the Town of Castle Rock, Colorado, Designated On The Annexation Map as The Memmen Parcel 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 west of Ridge Road, south of Fifth Street, and north of the Plum Creek Parkway]
Attachments: 1. Staff Memo, 2. Attachment A: Resolution, 3. Exhibit A: Legal Description, 4. Attachment B: Annexation Petition, 5. Attachment C: Annexation Plat Map, 6. Attachment D: CRS Sections 31-12-104 and 31-12-10, 7. Presentation

To:                     Honorable Mayor and Members of Town Council

 

Through:                     Tara Vargish, Director, Development Services

 

From:                     Brad Boland, AICP, 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 Parcel 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 west of Ridge Road, south of Fifth Street, and north of the Plum Creek Parkway]

Body

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Executive Summary

 

Barbara J. Lincoln has submitted a Petition for Annexation for a parcel of land which is located west of Ridge Road, south of Fifth Street, and north of the Plum Creek Parkway.  The property is surrounded by the Memmen Young Planned Development.

 

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). 

 

If 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.  If this Substantial Compliance Resolution is approved, then the Eligibility Hearing for this petition will be scheduled for October 6, 2020.

 

Please note that the Substantial Compliance and Eligibility hearings only determine whether or not a Petition for Annexation meets the legal requirements to move forward to the Town’s Annexation and Zoning process.  It is at the future 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 October 6, 2020.

 

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

Attachment D:  CRS §§ 31-12-104 and 31-12-10