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 a...
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