Department of Community Development
Reference: Neff Remainder Property Annexation
To: Mayor Gregory Mills and Members of City Council
Through: Jane Bais DiSessa, City Manager
Marv Falconburg, AICP, Assistant City Manager
Holly Prather, AICP, Community Development Director
Prepared By: Sean Pesek, Assistant Planner
Date Prepared: November 5, 2020
PURPOSE
In order to proceed with annexation of the Neff Remainder Property (“Property”), the Council must conduct a public hearing, approve a resolution for annexation eligibility, and complete the first reading of the annexation ordinance. Annexation is regulated by the Colorado Revised Statutes and is a four step process with the steps as follows:
1.) Petition Accepted by City Council via a Substantial Compliance Resolution
2.) Findings of Fact via an Annexation Eligibility Resolution
3.) 1st Reading of an Annexation Ordinance with a Public Hearing
4.) 2nd Reading of an Annexation Ordinance
o An Annexation Agreement may be approved via a Resolution at this time
A Petition for Annexation (“Petition”) was accepted by the City Council on October 20, 2020. At the meeting, Council found that the Petition was in substantial compliance with the applicable laws of the State of Colorado (see the attached City Council Resolution #2020-106 for further information). Via this Resolution, City Council set the public hearing date for this annexation for December 1, 2020.
City Council must now hold a public hearing and make a determination on a resolution for annexation eligibility and on the first reading of an annexation ordinance.
STRATEGIC FOCUS AREAS
● Recognizable and Well-Planned Community
BACKGROUND
The Property is approximately 0.488 acres and is generally located to the east of the intersection of N. 60th Avenue and Baseline Road (E. 168th Avenue), between Adams County Parcel Number 0156900000293 and Adams County Parcel Number 0156900000193. It is owned by Blue-Sky c/o Coronado West (Eric Eckberg as a representative) (“Owner”). Travis Frazier of Redland (“Applicant”) is acting as the applicant on behalf of the Owner.
Currently, the Property has no zoning designation. The applicant seeks to zone 0.388 acres of the 0.488 parcel to Open Space (O) to assist the development of Ridgeline Vista to the immediate west. The zoning map amendment application is being reviewed concurrent with the proposed annexation. Both items will be heard by City Council on December 1, 2020 (First Reading).
Annexation is the first step in the land development process with the City (Annexation > Rezoning > Platting > Site Plan Review > Permits).
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
● Comprehensive Plan (Be Brighton): The annexation of this parcel is consistent with the Comprehensive Plan, which designates this parcel as being located within the “High Density Residential” area.
● Land Use and Development Code: Section 2.11(B) outlines review criteria.
1. Review criteria. All annexations shall be reviewed for compliance with the following criteria. However, annexation is a discretionary, legislative act. The City shall never be compelled to annex, unless otherwise required by state law, even if all these approval criteria have been satisfied.
a. The annexation complies with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statues (“C.R.S”).;
b. The annexation is in accordance with the Comprehensive Plan and any other plans or policies created under the guidance of that plan;
c. The property is capable of being integrated into the City and developed according with all applicable provisions of the Brighton Municipal Code and these regulations;
d. Municipal and governmental services and facilities will be extended to these areas in a timely and fiscally responsible manner, considering initial costs, ongoing maintenance costs, and potential replacement costs with respect to the expected values of proposed development;
e. At the time any development is completed in the area to be annexed, there will be adequate capacity to serve the residents or occupants of the area with the necessary utilities and facilities; and
f. The annexation will encourage well-ordered development of the City, particularly with regard to the long-range transportation patterns, development patterns, open space systems, and coordination with any specific plans accompanying the proposal.
● Colorado Revised Statutes: The City Council must determine whether the Annexation complies with the following statutory requirements set forth in the Colorado Revised Statutes:
Section 31-12-104
The following statutory limitations apply for eligibility for annexation:
a. Not less than 1/6th of the perimeter of the area to be annexed is contiguous with the City of Brighton;
b. A “community of interest” exists between the municipality;
c. The area to be annexed and said area is urban or is to be urbanized;
d. The area is integrated or capable of integration within the municipality.
e. If the contiguity requirement is met, the “community of interest” requirement is presumed unless two of the following exist:
▪ Less than 50% of the adult residents use facilities of the municipality (recreation, social, church, commercial, etc.), and less than 25% of the adults are employed in the municipality; or
▪ One-half of more of the land is agricultural and the owners say it will stay agricultural for at least five years; or
▪ It is not physically practicable to extend urban services on the same terms and conditions as other citizens of the municipality.
Section 31-12-105
The following statutory limitations apply to the proposed annexation:
a. Cannot separate property held in identical ownership;
b. Cannot annex property more than 20 acres and more than $200,000 in assessed value without the written consent of the owners, unless entirely within the municipality;
c. No resolution or petition is valid if annexation proceedings have commenced for another municipality;
d. Cannot extend municipal boundaries more than three miles in one year;
e. There must be a plan in place regarding services and land uses;
f. If annexation includes a portion of a street or an alley, all of the street or alley must be annexed; and
g. Cannot deny reasonable access to adjoining landowners as a result of proposed annexation.
Section 31-12-108
The following statutory requirements regarding notice are applicable to annexations:
a. Publication of the date, time, and place of the public hearing must be published once a week for four successive weeks;
b. The first publication must be at least thirty days before the hearing;
c. Copy of the notice, resolution, and petition must be sent by registered mail to the County Commissioners, County Attorney, special districts, and the school district at least twenty-five days before the hearing.
(Notice to special districts and school district does not confer right of review)
Section 31-12-109
The annexation statutes provide the following provisions regarding the public hearing on the annexation:
a. Any person may appear and present evidence;
b. All proceedings must be recorded.
Section 31-12-110
After the hearing, the governing body must set forth findings of fact and conclusion in a resolution regarding:
a. Whether Sections 31-12-104 and 105 C.R.S have been met;
b. Whether an election is required;
c. Whether additional terms and conditions are to be imposed;
d. A finding that the proposed annexation does not comply with Sections 31-12-104 and 105 shall terminate the proceedings.
STAFF ANALYSIS
The Neff Remainder Property Annexation complies with the C.R.S. §31-12-104 through 110. The Property is 35.87% contiguous with the City of Brighton city limits, so the “Community of Interest” provision is presumed. The Property is set to be urbanized and is capable of integration within the City of Brighton.
PUBLIC NOTICE AND INQUIRY
Publication of the public hearing and notification of the public hearing have been provided to all applicable entities as required by C.R.S. §31-12-108. The notice of public hearing was published in the Brighton Standard Blade on October 28th and November 4th, 11th and 18th of 2020. A copy of the published notice, resolution of substantial compliance and petition (as filed) were sent via registered mail to the Board of County Commissioners of Adams County, the County Attorney and School District 27J. As of the date of this report, the Planning Division has not received any formal comments regarding the proposed annexation.
STAFF RECOMMENDATION
City staff finds that the request for annexation complies with the requirements of the Municipal Annexation Act, C.R.S. §31-12-101 et seq. and that the request for annexation complies with the Comprehensive Plan.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has the following two items before it, each with four options:
Resolution of Annexation Eligibility
City Council may:
1.) Approve the Resolution as drafted;
2.) Approve a modified Resolution;
3.) Deny the Resolution with specific findings to justify the denial; or
4.) Continue the item to be heard at a later, specified date if the Council feels it needs additional information to ensure compliance with the approval criteria.
Annexation Ordinance
If the Resolution of Annexation Eligibility is approved, City Council may:
1.) Approve the Annexation via ordinance as drafted;
2.) Approve the Annexation via a modified ordinance;
3.) Deny the Annexation via ordinance with specific findings to justify the denial; or
4.) Continue the item to be heard at a later, specified date if the Council feels it needs additional information to ensure compliance with the approval criteria.
Note: A second reading of the ordinance, if approved, will be required at a future meeting.
ATTACHMENTS
● Draft Resolution of Annexation Eligibility
● Draft Annexation Ordinance
● Aerial Map by City Staff
● Annexation Map by Applicant
● Newspaper Publication
● Newspaper Proof of Publication
● Resolution 2020-106 (Substantial Compliance)
● Draft City Staff Presentation