Item #12 Meeting Date: September 16, 2014 AGENDA MEMORANDUM To: From: Title: Honorable Mayor and Members of Town Council Jason Reynolds, Current Planning Manager, Development Services Resolution No. 2014-83: A Resolution of the Castle Rock Town Council Making Required Statutory Findings Concerning the Eligibility of Certain Property for Annexation (Pine Canyon Annexation) Executive Summary The purpose and intent of this staff report is to demonstrate to Town Council that the proposed 540 acre Pine Canyon Annexation meets the State of Colorado requirements for annexation, and to recommend approval of a resolution making statutory findings that the property is eligible for annexation (Attachment B). The Eligibility Hearing is procedural; this hearing only determines whether a proposed annexation application meets State requirements and makes findings on whether or not an election is required: At least 50% of the property ownership is party to the annexation; The proposed annexation is capable of being integrated into the Town of Castle Rock; At least 1/6 of the perimeter of the property is contiguous with the Town of Castle Rock boundary; No additional terms and conditions are to be imposed; and No election is required because 100% of the private property owners signed the annexation petition. Only after a request is found to be eligible can the Town hold a hearing to determine whether the property should be annexed. Staff finds that the annexation meets State of Colorado requirements and recommends approval. Notification and Outreach Efforts The Town has published notice of the Eligibility Hearing in the Douglas County News- Press for four consecutive weeks prior to the hearing date. The Town also provided notice to all tax entities within the proposed annexation, as well as to the Douglas County Commissioners and the Douglas County Attorney s Office. Page 1
History of Past Town Council, Boards & Commissions, or Other Discussions On August 5, 2014, Town Council found that the application was in substantial compliance with the State of Colorado requirements for annexation requests and scheduled the Eligibility Hearing for September 16, 2014. Discussion The Property The proposed 540 acre annexation is located between the Burlington Northern Santa Fe railroad tracks near Plum Creek on the west, on both sides of I-25, and Highway 86/Founders Parkway on the east. Portions of the site are adjacent to the Scott II and Woodlands/Escavera neighborhoods (Attachment A). Portions of the property west of Liggett Road are zoned GI General Industrial with the remainder zoned A-1 Agricultural. The Pine Canyon Annexation property is designated an area of growth and annexation by the Douglas County / Town of Castle Rock Intergovernmental Development Agreement. Substantial Compliance and Eligibility The applicant s petition for annexation was filed with the Town Clerk on July 16, 2014. On August 5, 2014, Town Council approved Resolution 2014-61 finding the annexation petition to be in substantial compliance with relevant State Statutes regarding annexation and setting the Eligibility Hearing for September 16, 2014. There are three steps required in the annexation process. The first two steps, Substantial Compliance and Eligibility, are procedural; the Town can only determine whether or not an annexation request meets State requirements as set forth in the Colorado State Statutes regarding annexations. The third step is when the Town determines whether a request complies with the Town s Comprehensive Master Plan through advertised public hearings at Planning Commission and Town Council. Analysis The Resolution presented does not obligate the Town to annexation, but only declares that the land is eligible to be annexed. Town Council is required to set forth its findings of fact, and its conclusion thereon, based on the requirements found in Section 31-12- 110 C.R.S.: Page 2
1) Whether or not the requirements of the applicable parts of Sections 31-12- 104 and 31-12-105 C.R.S have been met; 2) Whether or not an election is required under Section 31-12-107(2) C.R.S; 3) Whether additional terms and conditions are to be imposed. Staff requests that Town Council accept and make the findings that the following conditions are true: 1) The requirements of Section 31-12-104 and 31-12-105 C.R.S. exist or have been met in that: a. Not less than one sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the Town of Castle Rock, Colorado (Attachments A & C). This requirement is met in that 62% of the boundary of the proposed annexation is contiguous with the existing boundaries of the Town of Castle Rock. b. A community of interest exists between the area proposed to be annexed and the Town of Castle Rock, Colorado. The Town of Castle Rock and Douglas County Land Use Intergovernmental Agreement (IGA) designates this area for future growth and annexation. c. The proposed area to be annexed is urban or will be urbanized in the near future and the area to be annexed is integrated with or is capable of being integrated with the Town of Castle Rock, Colorado. This property is within the Town s Urban Growth Area. The Town of Castle Rock s Comprehensive Master Plan identifies this property for future residential and mixed use development. If the annexation is approved, the developer proposes zoning the property PD Planned Development. d. In establishing the boundaries of the territory to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner(s) thereof unless such tracts or parcels are separated by a dedicated street, road or other public way. Page 3
The petitioners own 100 percent of the privately held land proposed to be annexed. The petitioners did not provide any evidence that their land has been divided into separate tracts or parcels without their consent. e. In establishing the boundaries of the territory to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising 20 acres or more (together with buildings and improvements has a value for assessment in excess of $200,000.00 for ad valorem tax purposes for the year preceding the annexation) is included in the proposed annexation area and is included without the written consent of the landowners. All private landowners have consented to the annexation. f. No annexation proceedings have been commenced for the annexation of part or all of the property to another municipality. This is a true statement. g. The territory proposed to be annexed by the Town of Castle Rock has not been the subject of an election for annexation to the Town within the preceding twelve (12) months. No annexation election has been held in the preceding twelve (12) months. h. The territory proposed to be annexed is not presently a part of any incorporated city, city and county, or town. The territory proposed for annexation is currently in unincorporated Douglas County. i. The area proposed for annexation will not result in the detachment of area from any school district or the attachment of the same to another school district. This is a true statement; the proposed annexation area will remain under the Douglas County School District. j. The area proposed for annexation will not have the effect of extending the municipal boundary of the Town of Castle Rock, Colorado, more than three miles in any direction from any point of such municipal boundary within one year. Page 4
This annexation will not extend the boundary more than three miles. k. In establishing the boundaries of the area for annexation, if a portion of a platted street or alley is to be annexed, the entire width of said street or alley has been included within the area to be annexed. The annexation area does not include any partial streets or alleys. 2) No election is required. The Town of Castle Rock did not receive a petition from qualified electors requesting an annexation election, so no election is required. 3) Additional terms or conditions will not be imposed. Budget Impact No additional terms or conditions will be unilaterally imposed on the area proposed for annexation. The finding of eligibility does not have any financial impact. Financial impacts will be addressed through the annexation hearing process, the third and final step in the annexation process. Staff Recommendation Based on the findings above, the proposed annexation area is eligible per State Statute and staff recommends that Town Council approve the Resolution finding the property eligible for annexation. Proposed Motion I move to approve Resolution No. 2014-83. Attachments Attachment A: Attachment B: Attachment C: Vicinity Map Resolution Annexation Plat Page 5
n A ve y bird t Caprice Rinker Ra m bl bl er id ge Pleasant View kc ir e wood Ri dg et ra Canyon Park View Pl Fifth Stre e t ir o Bergen Rock Red Cliff Oak tp. Miles Kinner St 0.5 Vi ew ld r Ln D il Malibu St ric k in fie il Ridgetr a St Ne m ta ox ac k leb rk Pa 0.25 k D rive 0.125 Red Haw Ct Rye Wild Th at c h Ci r ou n t iew S Park V M ar s h Haw Sa dd Oakwood M a F a ss y Ln berr Bay Ln Gr Birch le Woodlands f Ct ny C g Oa k D r Scott II Pai n er in ld Wi sp e Jut itc h S y w hi vard W Woodlands Boule w Ra m ti ng Sn o t G rass Cir Ben 0 o n Sky D r e Oaks/ Castle ss Ru Terrain Site o Kn ar ms S b bie Ci r se m rl DalesHaven Pony The Cri W ay Mel Ro e Q Ta rpa n Pl M or n i ng G en a in Founders Parkway Ln Site The Meadows R tl e r Ci r o terh rse Tr u ar l T Bl r k Feat h T rl De er o Dacor R y P Rd Unincorporated Douglas County Zoned A-1 Agricultural Arroyo Ve rde Ct Sk gh Hi e i r rai g Ct o Ct ck K ell og ay Black Feather Trail wh id e ac W l da Del S o pe Ra Bl ac k Private Fea th e Hond Metzler Ranch Front Street o n de Wa s os St am 25 so K ni ino ATTACHMENT A ky in lb ai Tr nd on Ln g Ir z a Br a Ct Ln Sam W alton nc tch on B a rr a et La N Castleton Ct al Via Lo sp al M i t e l e ston e in llen St M C erce Ca st le t EA rp ve Pine Canyon Annexation Justice W ay Virt uo y Mesa Sil e w Sn o R e id r zle et M G omm s kw Way a no NC w do ea M r Pa ay Ct Woodlands/Escavera O Cre s ak V i s ta trid g e Ct Bl ack P ine D r ar Falli n g St Pl
RESOLUTION NO. 2014-83 ATTACHMENT B A RESOLUTION OF THE CASTLE ROCK TOWN COUNCIL MAKING REQUIRED STATUTORY FINDINGS CONCERNING THE ELIGIBILITY OF CERTAIN PROPERTY FOR ANNEXATION (PINE CANYON ANNEXATION) WHEREAS, a petition for annexation of certain property, to be known as PINE CANYON ANNEXATION, has been filed with the Town of Castle Rock; and WHEREAS, by Resolution No. 2014-61, the Castle Rock Town Council found that the annexation petition was in substantial compliance with the applicable requirements of the Municipal Annexation Act of 1965, as amended (the Act ); and WHEREAS, the Town Council of the Town of Castle Rock has conducted a public hearing to determine if the parcel of real property described in Exhibit A (the "Property"), is eligible for annexation under the Act. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF CASTLE ROCK, COLORADO AS FOLLOWS: Act: Section 1. Findings. The Town Council makes the following findings of fact under the I. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., exist or have been met, in that: a. Not less than one sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the Town of Castle Rock, Colorado. b. A community of interest exists between the area proposed to be annexed and the Town of Castle Rock, Colorado. c. The area proposed to be annexed is urban or will be urbanized in the near future and the area to be annexed is integrated with or is capable of being integrated with the Town of Castle Rock, Colorado. d. In establishing the boundaries of the territory to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof unless such tracts or parcels are separated by a dedicated street, road or other public way. e. In establishing the boundaries of the territory to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty (20) acres or more (which, together with buildings and improvements situated thereon has a value for assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the annexation) is included in the area proposed to be annexed, without
II. III. the written consent of the landowners. ATTACHMENT B f. No annexation proceedings have been commenced for the annexation to another municipality of part or all of the territory proposed to be annexed herein. g. The territory proposed to be annexed by the Town of Castle Rock, Colorado, or substantially the same area, has not been the subject of an election for annexation to the Town of Castle Rock, Colorado, within the preceding twelve (12) months. h. The territory proposed to be annexed is not presently a part of any incorporated city, city and county, or town. i. The annexation of the area proposed to be annexed will not result in the detachment of area from any school district and the attachment of the same to another school district. j. The annexation of the area proposed to be annexed will not have the effect of extending the municipal boundary of the Town of Castle Rock, Colorado more than three miles in any direction from any point of such municipal boundary within one year. k. In establishing the boundaries of the area proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of said street or alley has been included within the area to be annexed. The proposed annexation complies with Article II, Section 30 (1)(b) of the Constitution of the State of Colorado. The owners of 100% of the privately-owned land proposed to be annexed have signed the annexation petition. No election is required under the Act. No additional terms or conditions will be unilaterally imposed on the area proposed for annexation. Section 2. Eligibility. Accordingly, the Property is eligible for annexation. The legislative determination as to whether the Property should be annexed shall be made at the time an annexation ordinance is acted on by Town Council. PASSED, APPROVED AND ADOPTED this 16th day of September 16, 2014, by the Town Council of the Town of Castle Rock, Colorado on first and final reading by a vote of for and against. ATTEST: TOWN OF CASTLE ROCK Sally A. Misare, Town Clerk Paul Donahue, Mayor
Approved as to form: ATTACHMENT B Approved as to Content: Robert J. Slentz, Town Attorney Bill Detweiler, Director of Development Services
PINE CANYON ANNEXATION TO THE TOWN OF CASTLE ROCK PARTS OF SECTION 34, 35 & 36, T7S, R67W OF THE 6TH. P.M. AND PART OF SECTION 1, T8S, R67W OF THE 6TH. P.M., OF DOUGLAS COUNTY, COLORADO SHEET 1 OF 2 SITE SITE 1,500 750 0 1,500 Feet 200 W. HAMPDEN AVE., SUITE 200 ENGLEWOOD, COLORADO 80110 PH: 720.855.3859 FAX: 720.855.3860 CONTACT: BOB KELSEY
PINE CANYON ANNEXATION TO THE TOWN OF CASTLE ROCK PARTS OF SECTION 34, 35 & 36, T7S, R67W OF THE 6TH. P.M. AND PART OF SECTION 1, T8S, R67W OF THE 6TH. P.M., OF DOUGLAS COUNTY, COLORADO SHEET 2 OF 2 200 W. HAMPDEN AVE., SUITE 200 ENGLEWOOD, COLORADO 80110 PH: 720.855.3859 FAX: 720.855.3860 CONTACT: BOB KELSEY