COUNCIL COMMUNICATION Work Plan #

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1 Meeting Date: March 15, 2016 COUNCIL COMMUNICATION Agenda Item: Agenda Location: Work Plan # Consent Calendar 162 Legal Review: _X_ 1 st Reading 2 nd Reading Subject: Three ordinances approving the annexation of approximately acres of City-owned property located at the southeast one-quarter of Section 18, Township 2 South, Range 67 West of the 6 th Principal Meridian, County of Adams, State of Colorado, generally located east of Riverdale Road and north of 97 th Avenue and assigning the annexed property to Ward 2 (Wright No. 1, 2, and 3 Annexation). Recommended by: Jeff Coder Approved by: Jack Ethredge Ordinance previously Presenter(s): Jason O Shea, Development Director introduced by: SYNOPSIS: The total amount of land to be annexed is approximately acres and consists of three Cityowned parcels, Wright No. 1, 2, and 3. These need to be annexed sequentially to achieve the necessary contiguity. The parcels meet the State Statute required one-sixth (16.67%) contiguity with existing City limits. Pursuant to Section (3) of the Colorado Revised Statutes, this annexation does not require a public hearing since the land is owned by the City and no right-of-way is being annexed. Wright No. 1 Wright No. 2 Wright No. 3 Total Area proposed for Annexation: acres 17 percent acres 18 percent acres 20 percent 41.7 acres RECOMMENDATION:

2 COUNCIL COMMUNICATION PAGE 2 Staff recommends Alternative No. 1, approval of the ordinance because the proposed annexation satisfies the requirements of the Colorado Revised Statutes and complies with the annexation policies of the City. The proposed land use meets the intent of the land use goals of the Comprehensive Plan and the property is located within the City s growth area. BUDGET/STAFF IMPLICATIONS: None. ALTERNATIVES: 1. Approve the annexation of the property. The State Statute requires an ordinance to approve the annexation and a resolution to make Findings of Fact. 2. Deny the annexation of the property. 3. Continue the Action Item on the annexation for Staff to address any of the technical requirements or policy issues that Council believes have not been adequately addressed, but the State law requires Council to receive one hour of testimony at the first public hearing before approving a continuance. BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY): (includes previous City Council action) The adopted annexation policies require the City to annex property in a strategic and planned manner, that annexed land be zoned in substantial compliance with the City s Comprehensive Plan and applicable development standards, and that annexation is required as a condition of providing utility service. Section , C.R.S. requires that lands annexed into the City be zoned within 90 days of the date of annexation. The property is proposed to be zoned Parks and Open Space (POS) concurrent with the annexation request. The proposed annexation complies with the eligibility requirements of Sections and , C.R.S. and the notice and procedural requirements of Section , C.R.S. Existing Land Use: Vacant Existing Zoning: PUD (P), Unincorporated Adams County Proposed Zoning: POS Surrounding Zoning: North: A-1, Agricultural - Unincorporated Adams County East: A-1, Agricultural - Unincorporated Adams County South: PUD, Mobile Home Park - Unincorporated Adams County West: A-1, Agricultural - Unincorporated Adams County and SFA Townhouses - Thornton The Comprehensive Plan requires that land currently outside the City limits be annexed and zoned in a manner which is consistent with the Comprehensive Plan The land use element of the Comprehensive Plan designates the subject property as POS which includes both public and private open space, natural improved parks, and other recreational areas. These areas serve many

3 COUNCIL COMMUNICATION PAGE 3 functions including providing opportunities for outdoor recreation, preserving scenic values, providing a buffer between uses, and preserving the capacity and water quality of the storm drainage system. PUBLIC NOTICE AND RESPONSE: Public Notification: All residents within at least 1,500 feet of this site were sent notice of the public hearing ten days prior to February 23, Public Response: A community meeting was held on March 19, A total of 15 residents from both Adams County and the City attended. There were no concerns with the development of the Wright property. The project was temporarily postponed. When the project was rescheduled a community meeting was held on January 28, 2016 to gather input and share ideas regarding the ballfield development. No one was opposed to the project, but a few attendees expressed concerns with mitigation of the lights and buffering the use from neighboring residential properties. HISTORY: On January 12, 2016, City Council adopted a Resolution acknowledging receipt of the petitions for annexation and established February 23, 2016 as the date of the Related Action Item on the proposed annexation. While the zoning of this property will be presented at a public hearing, the ordinance approving the annexation will be approved by a Related Action Item since no right-of-way is being annexed with this City property. An Impact Report was hand delivered to the Clerk of the Board and Board of County Commissioners on January 27, 2016.

4 INTRODUCED BY: AN ORDINANCE APPROVING THE ANNEXATION OF APPROXIMATELY ACRES OF CITY-OWNED PROPERTY LOCATED AT THE SOUTHEAST ONE- QUARTER OF SECTION 18, TOWNSHIP 2 SOUTH, RANGE 67 WEST OF THE 6 TH PRINCIPAL MERIDIAN, COUNTY OF ADAMS, STATE OF COLORADO, GENERALLY LOCATED EAST OF RIVERDALE ROAD AND NORTH OF 97 TH AVENUE AND ASSIGNING THE ANNEXED PROPERTY TO WARD 2 (WRIGHT NO. 1 ANNEXATION). WHEREAS, the Thornton City Council has determined that annexation of a certain parcel of land, as described in Exhibit A, attached hereto ( Property ), is in substantial compliance with Section et. seq., C.R.S.; and WHEREAS, the Thornton City Council has, by resolution, determined that the requirements of Sections and 105 have been met, that an election is not required, and that no additional terms or conditions are to be imposed on the annexed area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS: 1. The annexation of that certain parcel of land situated in the County of Adams, State of Colorado, described in Exhibit A, attached hereto and hereby incorporated as if fully set forth herein to the City of Thornton, Colorado, is hereby annexed to and made part of the City of Thornton, Colorado. 2. The annexation of the Property to the City of Thornton, Colorado, is complete and effective on the date of recordation of the annexation ordinance and maps, except for the purpose of imposition of property taxes which shall be effective on and after the first day of January The Property is hereby assigned to Ward 2, pursuant to the requirements of the Thornton City Charter, and the City of Thornton Ward and Precinct Map. 4. After the effective date of this ordinance, the City Clerk is hereby authorized and directed to: A. File one copy of the annexation map with the original of this ordinance in the office of the City Clerk of the City of Thornton, Colorado.

5 B. File two certified copies of this ordinance and the map of the area annexed and described in Exhibit A with the Adams County Clerk and Recorder. 5. The annexation by and to the City of Thornton of the Property meets all the requirements of the law. 6. This ordinance shall take effect upon final passage. INTRODUCED, READ, PASSED on first reading, ordered posted in full, and title ordered published by the City Council of the City of Thornton, Colorado, on February 23, PASSED AND ADOPTED on second and final reading on, CITY OF THORNTON, COLORADO ATTEST: Heidi K. Williams, Mayor Nancy A. Vincent, City Clerk THIS ORDINANCE IS ON FILE IN THE CITY CLERK S OFFICE FOR PUBLIC INSPECTION. APPROVED AS TO LEGAL FORM: Margaret Emerich, City Attorney PUBLICATION: Posted in six (6) public places after first and second readings. Published in the Northglenn-Thornton Sentinel after first reading on March 3, 2016, and after second and final reading on,