Department of Community Development
Reference: Neff Remainder Property Annexation Agreement
To: Mayor Gregory Mills and Members of City Council
Through: Jane Bais DiSessa, City Manager
Marv Falconburg, Deputy City Manager
Holly Prather, AICP, Community Development Director
Prepared By: Sean Pesek, Assistant Planner
Date Prepared: November 12, 2020
PURPOSE
In order to continue with the annexation process for the Neff Remainder Property (the “Property”), the Council should proceed with the approval of an Annexation Agreement. An Annexation Agreement identifies general terms, applicable and adopted city codes, ordinances, and master plans that will apply to the future development of the Property.
In review, 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 (the “Petition”) was accepted by the City Council at a regular meeting held on October 20, 2020 and the City 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 for the annexation of this Property for December 1, 2020.
On December 1, 2020, City Council held the required public hearing, approved the Findings of Fact via an Annexation Eligibility Resolution (see the attached City Council Resolution #2020-127 for further information), and approved an Annexation Ordinance on first reading.
City Council must now make a determination on a Resolution to approve the Annexation Agreement. If the Annexation Agreement is approved via Resolution, the City Council may proceed to the second and final reading of the Annexation Ordinance.
STRATEGIC FOCUS AREAS
● Recognizable and Well-Planned Community
BACKGROUND
The Property is approximately 0.488 acres in size 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) (the “Owner”). Travis Frazier of Redland (the “Applicant”) is acting on behalf of the Owner.
Currently, the Property has no zoning designation. The applicant seeks to zone 0.388 acres of the 0.488 acre 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.
Annexation is the first step in the land development process with the City (Annexation > Rezoning > Platting > Site Plan Review > Permits). If the annexation is completed, City Council can move forward with finalizing the zoning of the Property. As a separate agenda item on December 1, 2020, the City Council approved the zoning map amendment on first reading, and on December 15, 2020, the City Council will hold the final reading of the zoning ordinance.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
The purpose of an Annexation Agreement is to generally identify the terms and adopted City Codes, Ordinances, and Master Plans that will apply to the development of the Property. It is necessary to review the agreement through the lens of any possible future user as this Annexation Agreement will be tied to the land in perpetuity. The Property, when annexed, will be integrated with the approved Ridgeline Vista Subdivision to the immediate west, which is regulated under two separate annexation agreements: the Annexation Agreement for Neff PUD and the Neff II Annexation Agreement. Due to the size and location of the Property, as well as the intended uses, the City and Annexor have proposed that all obligations of the City and Annexor, as set forth in the Neff II Annexation Agreement, shall also apply to this Property. Therefore, the draft annexation agreement for the Property does not have specific terms and obligations. Rather, it references the obligations that are set forth in the Neff II Annexation Agreement. Terms that are specific to the Neff II Annexation Agreement that will apply to this Property are as follows:
Transportation. In conformance with the Land Use and Development Code as well as the City’s adopted Transportation Master Plan, the Annexor will dedicate all rights-of-way for public streets at the time of Final Plat approval for the commencement of street improvements or for the extension of facilities (as warranted).
Water Dedication. The Annexor shall satisfy the water dedication requirement for the property (if warranted) by dedicating to the City, at the time of Final Plat approval and as a condition precedent thereof, a sufficient number of acre-feet of raw water shares that are acceptable to the City.
Water and Sewer. The Annexor agrees to construct and install all water and sewer lines within the Property to comply with the City of Brighton Water and Wastewater Master Plan or the Bromley Park Water Master Plan and Bromley Park Sanitary Master Plan (as warranted). The Annexor also agrees to dedicate all necessary unobstructed right-of-way for utility easements needed for water and sewer lines to serve the Property, or for transmission through the Property.
STAFF RECOMMENDATION
City staff finds that the Annexation Agreement is in line with City codes, plans, and policies and therefore recommends approval via Resolution. The Development Review Committee, Owners, and Applicant agree with this recommendation.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has four options when reviewing this Annexation Agreement. City Council may:
1.) Approve the Annexation Agreement via Resolution as drafted;
2.) Approve a modified Annexation Agreement via 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.
ATTACHMENTS
● Draft Resolution for Approval of the Annexation Agreement
● Draft Annexation Agreement
● Aerial Map by City Staff
● Annexation Map by Applicant
● Resolution 2020-106 (Substantial Compliance)
● Resolution 2020-127 (Findings of Fact / Annexation Eligibility)
● Neff II Annexation Agreement
● Draft City Staff Presentation