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File #: RES 2024-040    Version: 1 Name:
Type: Resolution Status: Passed
File created: 2/26/2024 In control: Town Council
On agenda: 4/16/2024 Final action: 4/16/2024
Title: Resolution Finding that the Petitions for Annexation Submitted by the Town of Castle Rock are in Substantial Compliance with Article II, Section 30(1)(B) of the Colorado Constitution and Section 31-12-107(1), C.R.S.; and Setting a Date, Time and Place for the Hearing Prescribed Under Section 31-12-108, C.R.S. to Determine if the Subject Properties are Eligible for Annexation Under Article II, Section 30 of the Colorado Constitution and Sections 31-12-104 And 31-12-105, C.R.S. (Four Corners Annexation; South Ridge Road No. 1 Annexation; South Ridge Road No. 2 Annexation; Gilbert Street/Plum Creek Parkway Annexation)
Attachments: 1. Attachment A: Vicinity Maps, 2. Attachment B: Resolution containing Legal Descriptions, 3. Attachment C: Annexation Petitions, 4. Staff Presentation

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

 

Title

Resolution Finding that the Petitions for Annexation Submitted by the Town of Castle Rock are in Substantial Compliance with Article II, Section 30(1)(B) of the Colorado Constitution and Section 31-12-107(1), C.R.S.; and Setting a Date, Time and Place for the Hearing Prescribed Under Section 31-12-108, C.R.S. to Determine if the Subject Properties are Eligible for Annexation Under Article II, Section 30 of the Colorado Constitution and Sections 31-12-104 And 31-12-105, C.R.S.  (Four Corners Annexation; South Ridge Road No. 1 Annexation; South Ridge Road No. 2 Annexation; Gilbert Street/Plum Creek Parkway Annexation)

Body

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Executive Summary

 

The purpose and intent of this staff report is to demonstrate to Town Council that the Four Corners, South Ridge Road No. 1, South Ridge Road No. 2 and Gilbert Street/Plum Creek Parkway Annexation Petitions are in Substantial Compliance with the State requirements under the Municipal Annexation Act of 1965 (Act), and to set the date for the Eligibility hearing as May 21, 2024 (Attachment B).  The four individual annexations are being processed concurrently, and this staff report will demonstrate how each petition for annexation meets the statutory criteria for Substantial Compliance.  These proposed annexations are part of a larger effort to incorporate eligible Town-owned properties.

 

The Colorado Revised Statutes (C.R.S.) require that petitions for annexation be considered in a public hearing before Town Council to determine if the petition is in Substantial Compliance with the applicable requirements of the Colorado Municipal Annexation Act (Act) (Attachment B).

 

If Town Council finds that a petition for annexation is in Substantial Compliance with the Act, the Act mandates that Council set a date for the Eligibility hearing.  At the Eligibility hearing, Town Council will determine whether the allegations stated in the annexation petition are true and accurate, and if the property is eligible for annexation (Attachment C).  Upon approval of the Substantial Compliance resolution, staff requests that the Eligibility hearing for these petitions be scheduled for Tuesday, May 21, 2024.

 

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 annexation and zoning hearings that Town Council will decide whether or not it is in the Town’s interest to annex the property.

 

Budget Impact

 

The process of determining Substantial Compliance has no impact to the Town budget. 

 

 

Staff Recommendation

 

Staff recommends that Town Council find the Four Corners, South Ridge Road No. 1, South Ridge Road No. 2 and Gilbert Street-Plum Creek Parkway Annexation Petitions substantially comply with the State requirements, and further recommends setting an Eligibility hearing date of Tuesday, May 21, 2024.

 

Proposed Motion

 

“I move to approve the Resolution as introduced by title.”

 

Attachments

 

Attachment A:                     Vicinity Maps

Attachment B:                     Resolution

Attachment C:                     Annexation Petitions