Department of Community Development
Reference: Otten Annexation Substantial Compliance
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Summer McCann, Senior Planner
Date Prepared: March 12, 2024
PURPOSE
In order to proceed with the annexation of the Otten property, the City Council must find that the Annexation Petition is in substantial compliance with the requirements set forth in the Municipal Annexation Act, C.R.S. § 31-12-101, et seq. (the “Act”), and consider a resolution to approve said Annexation Petition. If the resolution is adopted, a date, time, and place for a public hearing must be set, at least thirty (30) days and no more than sixty (60) days after the effective date of the resolution, to determine if the request for annexation meets the requirements of the Act.
BACKGROUND
An Annexation Petition, requesting annexation of an approximately 4.918-acre property, to be known as the Otten Annexation (the “Property”), was submitted to the City of Brighton on December 9, 2022. The Annexation Petition is signed by Thomas Otten on behalf of the Donald M. Otten Revocable Trust, the owner of the Property and applicant (the “Owner”). The Property is generally located to the north of East 136th Avenue, south of Prairie Center Parkway, east of South 27th Avenue and west of I-76 and is currently zoned A-2 (Agriculture-2) through Adams County. The Property is 100% contiguous with the existing Brighton city limits.
PROCESS
The City Council must determine whether the Annexation Petition complies with Section 31-12-107(1), of the Act. If Council determines that the Annexation Petition is in substantial compliance with the statutory requirements, the following procedure applies:
1. Council passes a resolution finding substantial compliance and setting a public hearing (30 to 60 days) to decide if the annexation meets the statutory requirements (a draft resolution is attached).
2. Staff prepares and publishes a Notice of Public Hearing.
3. City holds a public hearing.
REQUIREMENTS OF AN ANNEXATION PETITION
An annexation petition must include the following:
1. Annexation petition filed with the City Clerk.
2. An allegation that it is desirable and necessary that such area be annexed to the municipality.
3. An allegation that the requirements of Sections 31-12-104 and 31-12-105 of the Act exist and/or have been met.
4. An allegation that the signers of the annexation petition comprise the landowners of more than fifty percent of the territory included in the area proposed to be annexed, exclusive of streets and alleys.
5. A request that the City approve the annexation of the area proposed for annexation.
6. The signatures of the landowners.
7. The mailing address of each signer.
8. The legal description of the land owned by each signer.
9. The date of signing of each signature.
10. An affidavit of each circulator of such annexation petition that each signature therein is the signature of the person whose name it purports to be.
11. The following must be attached to the annexation petition:
a. A written legal description of the boundaries of the area proposed to be annexed.
b. A map showing the boundary of the area proposed to be annexed.
c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land.
d. Next to the boundary of the area proposed for annexation, a drawing of the contiguous boundary of the City and the contiguous boundary of any municipality abutting the area proposed to be annexed.
PUBLIC NOTICE AND COMMENT
Publication and notification of the future public hearing, should it be deemed appropriate by the City Council, will be provided to all applicable entities as required by C.R.S. § 31-12-108.
STAFF RECOMMENDATION
City staff finds that the attached Annexation Petition meets the requirements outlined in § 31-12-107(1) of the Act, for substantial compliance, and further proposes that May 21, 2024, is an appropriate date for the public hearing on the annexation. Additionally, this proposed annexation complies with the Be Brighton Comprehensive Plan as the Property is within the City’s growth boundary and there is adequate infrastructure to serve the Property. A draft resolution has been attached for the Council’s consideration.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has the following two options to consider:
1.) Approve the Resolution finding the Annexation Petition substantially complies with the requirements of the Act and set the date for the public hearing; or
2.) Deny the Resolution and provide specific findings to justify the denial.
ATTACHMENTS
● Draft Resolution of Substantial Compliance
● Applicant’s Annexation Petition
● Applicant’s Annexation Map
● City Staff’s Aerial Map
● Draft City Staff Presentation