Title
A resolution adopting findings of fact and conclusions of law based thereon and determining the eligibility for annexation of property known as Park Vista Addition No. 10 Annexation.
(Legislative)
Presenter:
Gabe Sevigny, Planning Supervisor, Planning and Neighborhood Services
Body
Summary:
Owner/Developer: Orchid Lots, LLC - Jeff Carter
Representative: Land Development Consultants, Inc - Dave Hostetler
Location: 4372 Siferd Boulevard
This project includes concurrent applications for annexation of 2.18 acres, and establishment of zoning and a preliminary/final plat for 0.89 acres located 4372 Siferd Boulevard. The preliminary/final plat illustrates the proposed land use configuration, access and circulation, intended infrastructure and overall intent. The proposed zoning will establish an R-5 (Multi-family High) zone district with the overall annexation to allow for single-family attached and detached residential uses to be established on the properties.
The proposed annexation and associated applications were reviewed under City Code Chapter 7.
Background:
Please see the attached City Planning Commission Staff Report for a complete analysis of the proposed applications.
Review Criteria:
The below criteria from City Code (Chapter 7) outline the applicable codes associated with this application.
The Conditions for Annexation as set forth in City Code Section 7.6.203 (Chapter 7) are noted below:
1. The area proposed to be annexed is a logical extension of the City's boundary;
2. The development of the area proposed to be annexed will be beneficial to the City. Financial considerations, although important, are not the only criteria and shall not be the sole measure of benefit to the City;
3. There is a projected available water surplus at the time of request;
4. The existing and projected water facilities and/or wastewater facilities of the City are expected to be sufficient for the present and projected needs for the foreseeable future to serve all present users whether within or outside the corporate limits of the City;
5. The annexation can be effected at the time the utilities are extended or at some time in the future;
6. The City shall require as a condition of annexation the transfer of title to all groundwater underlying the land proposed to be annexed. Should such groundwater be separated from the land or otherwise be unavailable for transfer to the City, the City, at its discretion, may either refuse annexation or require payment commensurate with the value of such groundwater as a condition of annexation. The value of such groundwater shall be determined by the Utilities based on market conditions as presently exist;
7. All rights of way or easements required by the Utilities necessary to serve the proposed annexation, to serve beyond the annexation, and for system integrity, shall be granted to the Utilities. Utilities, at the time of utility system development, shall determine such rights of way and easements;
8. If the proposed annexation to the City overlaps an existing service area of another utility, the applicant shall petition the PUC (Public Utilities Commission) or other governing authority to revise the service area such that the new service area will be contiguous to the new corporate boundary of the City.
9. After the foregoing have been studied in such depth as the City Council shall require, the City Council in its discretion may annex or not annex the proposed area. In the event the City Council chooses to annex, it may require a contemporary annexation agreement specifying the installation and the time of installation of certain public and utility improvements, both on site and off site, that are required or not required under this Zoning Code. City Council may specify such other requirements, as it deems necessary. In the event the City Council chooses not to annex, utilities shall not be extended unless Council is assured that an agreement for annexation can be enforced, and that the remaining provisions of this section for annexation subsequent to extension of utilities have been met.
In addition to the Conditions for Annexation ratified in the UDC, the City Council recently accepted the following “guidelines” to further aid in analyzing annexations:
1. Offers housing diversity
2. Sufficiency of existing or planned roadway infrastructure
3. Sufficiency of existing or planned public safety staffing
4. Proximity/opportunity to serve employment centers
5. Diversity of development (commercial/industrial/residential)
6. Economic impact on city
7. Reasonable utilities cost recovery / ROI projections
8. Connectivity / Proximity to transportation options
9. Desirable parkland/open space
10. Ability to fund / offset costs for needed public facilities
Staff finds the proposed application meets Colorado Revised Statute and is eligible for annexation.
The review criteria for a Zoning Establishment as set forth in City Code Section 7.5.603.B (Chapter 7) are noted below.
1. The rezoning will not be detrimental to the public interest, health, safety, convenience or general welfare.
2. The proposal is consistent with the goals and policies of the Comprehensive Plan.
3. Where a master plan exists, the proposal is consistent with such plan or an approved amendment to such plan. Master plans that have been classified as implemented do not have to be amended in order to be considered consistent with a zone change request.
4. For MU zone districts the proposal is consistent with any locational criteria for the establishment of the zone district, as stated in article 3, “Land Use Zoning Districts”, of this chapter. (Ord. 94-107; Ord. 97-111; Ord. 03-157; Ord. 12-76)
Staff finds the proposed application meets the review criteria for a Zone Establishment.
The proposal is also in compliance with the requirements for a Preliminary/Final Plat as set forth in Chapter 7 Code Sections 7.7.204 (Preliminary Plat) and 7.7.303 (Final Plat).
Previous Council Action:
On April 13, 2021, City Council accepted the original petition for annexation. On January 23, 2024 an updated petition was accepted by City Council, following up with a final updated petition accepted on April 9, 2024. On August 27, 2024 City Council approved a resolution finding the Park Vista Addition No. 10 Annexation petition to be in substantial compliance with C.R.S. section 31-12-107, setting a public hearing date of October 8, 2024 to consider the annexation, and directing the City Clerk to provide notice of the hearing in accordance with C.R.S. section 31-12-108.
Financial Implications:
N/A, the proposed annexation falls below the threshold for a Fiscal Impact Analysis.
City Council Appointed Board/Commission/Committee Recommendation:
This item was heard before the Utility Board on March 20, 2024 with a unanimous recommendation of approval. This item was also heard before City Planning Commission on August 14, 2024 as part of the New Business, Public Hearing agenda. The Planning Commission voted to approve the applications unanimously. Please reference the minutes from the hearing for a detailed record.
Recommended Action
Proposed Motion:
Approve a resolution adopting findings of fact and conclusions of law based thereon and determining the eligibility for annexation of property known as Park Vista Addition No. 10 Annexation consisting of 2.18 acres.
Deny a resolution adopting findings of fact and conclusions of law based thereon and determining ineligibility for an annexation of property known as Park Vista Addition No. 10 Annexation consisting of 2.18 acres.