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Department of Community Development
Reference: Riverfront Annexation - Substantial Compliance
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Lauren Simmons, AICP, Senior Planner
Date Prepared: March 31, 2015
PURPOSE
In order to proceed with the annexation of this property, the Council must find that the petition is in compliance with the Colorado Statutes and consider a resolution to approve the 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 Colorado Revised Statutes 31-12-104 and 105.
BACKGROUND
An Annexation Petition, requesting annexation of an approximate 53.1152 acre parcel, to be known as the Riverfront Annexation (the "Property"), was submitted to the City of Brighton. The Annexation Petition is signed by Mark Campbell and Lloyd Land, Brighton Investment Properties, LLC., as the owners of 100% of the Property, (the "Owner"). The Property is generally located west of US-85, east of the South Platte River, and south of Baseline Road and is currently zoned "I-3" (Industrial-3) through Adams County. The Property is 32% contiguous with the existing Brighton city limits.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
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. Staff will prepare an Annexation Impact Report, as described in the C.R.S. 31-12-105.5., as the Property is more than 10 acres in size.
4. 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 May 19, 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)