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Department of Community Development
Reference: North Star Annexation Substantial Compliance Resolution
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Lauren Simmons, AICP, Senior Planner
Date Prepared: July 7, 2015
PURPOSE
Review the Annexation Petition, make a finding of substantial compliance, and schedule a public hearing for September 1, 2015, for the annexation of two parcels, 1.590 acres and 1.208 acres, to be known as the North Star Annexation.
In order to proceed with the annexation of this property, the Council must find that the petition is in substantial compliance with the Colorado Statutes and consider a resolution to approve the Annexation Petition and set a date, time and place for a public hearing which 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 Colorado Revised Statutes 31-12-104 and 105.
SUMMARY
An Annexation Petition, requesting annexation of two parcels, 1.590 acres and 1.208 acres, to be known as the North Star Annexation (the “Property”), was submitted to the City of Brighton. The Annexation Petition is signed by Theodore Shipman, North Star Equities, LLC. The Property is located east of S. 50th Avenue and is off of Grosbeak Street and also includes a portion of the 50th Avenue right of way. 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 Colorado Revised Statutes. If Council determines that the Petition is in substantial compliance with the statutory provisions, the following procedure applies:
1) Council passes a Resolution finding substantial compliance and setting a public hearing (thirty to sixty 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 public hearing.
REQUIREMENTS OF AN ANNEXATION PETITION
A petition for annexation must include the following:
1) 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 105 C.R.S. exist or have been met.
4) An allegation that the signers of the 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 signature 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 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 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.
STAFF RECOMMENDATION
Planning staff finds that the attached Annexation Petition meets the requirements outlined in Section 31-12-107(1) of the Colorado Revised Statutes, as amended, and that September 1, 2015 is an appropriate date for the public hearing on the annexation. A draft resolution has been attached for the Council’s consideration.
OPTIONS FOR COUNCIL CONSIDERATION
§ Approve the Petition for Annexation and set the date for the public hearing
§ Deny the Petition for Annexation with specific findings to justify the denial.
ATTACHMENTS
§ Draft Resolution (Annexation Petition attached)