To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Tara Vargish, PE, Director, Development Services
Sandy Vossler, Senior Planner, Development Services Department
Title
Resolution Finding that Certain Property, which is the Subject of a Petition for Annexation Submitted by KGCB Industries LLC, 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. (StorQuest - Liggett Road Annexation)
Body
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Executive Summary
Kim Barrett, KGCB Industries, has submitted a Petition for Annexation for four parcels of land that are located approximately one tenth of a mile south of the intersection of State Highway 85 and Liggett Road (Attachment A). The properties are bounded by unincorporated Douglas County properties to the north and south, Union Pacific Railroad right of way to the west and Metzler Ranch PD (1996) to the east.
On May 18, 2021, Town Council found the Petition to be in Substantial Compliance with the applicable requirements of the Colorado Municipal Annexation Act of 1965 and scheduled the Eligibility Hearing for July 6, 2021 by a vote of 7-0. The purpose of this hearing is for Town Council to review the statutory allegations made in the Annexation Petition and make a determination as to whether the property is eligible to be considered for annexation into the Town of Castle Rock (Attachment B).
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 the 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 approval.
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.
This project is currently at the Eligibility Hearing step in the process. The Eligibility Hearing is procedural; this hearing only determines whether the property proposed for 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 §31-12-105, 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 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 meets the eligibility requirements of the 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: Vicinity Map
Attachment B: Annexation Petition and Legal Description
Attachment C: Annexation Plat
Attachment D: Resolution
Attachment E: Applicable Sections of the Colorado Revised Statutes