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SECOND AND FINAL READING OF AN ORDINANCE ANNEXING THE PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF EAST 81ST AVENUE AND TOWER ROAD TO THE CITY OF COMMERCE CITY, COLORADO, IN CASE AN-258-23, KNOWN AS THE QUIKTRIP ANNEXATION
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Summary and Background Information:
QuikTrip Corporation is requesting the approval of a property for annexation into the City of Commerce City. The parcel is approximately 14.7 acres in size and is currently vacant. The subject property is located at the southwest corner of East 81st Avenue & Tower Road (PIN172328400003) and is proposed to be rezoned to a Planned Unit Development (PUD). Three planning areas have been proposed with the QuikTrip PUD, one allowing a QuikTrip Fuel Center/Convenience Store, one allowing future commercial development (no tenant specified at this time), and the other for open space with no development. This case is in conjunction with the annexation zoning case Z-962-20-22, and inclusion into the E-470 Commercial General Improvement District case ECAGID-015-23.
Approval Criteria
Section 21-3340 states: The annexation application may be approved if:
(1) The annexation is in compliance with applicable state laws and this land development code;
Staff Analysis: Staff finds this application to meet this criterion. The annexation application has been reviewed by staff and external agencies and has been found to be in compliance with all applicable state laws and the Commerce City LDC.
(2) The annexation is consistent with the comprehensive plan, and the best interests of the city would be served by annexation of such property;
Staff Analysis: Staff finds this application to meet this criterion. The proposed Planned Unit Development associated with this annexation request meets the intent and policies of the Comprehensive Plan and Future Land Use Map category of Commercial
(3) The property is within the Municipal Service Area (MSA) of the Commerce City Growth Boundary as stated in the comprehensive plan. No property outside of the MSA or Growth Boundary shall be considered for annexation unless the city council finds that, consistent with the comprehensive plan, the best interests of the city would be served by annexation of such property and provided a land use plan for the area proposed to be annexed is submitted together with the annexation application;
Staff Analysis: Staff finds this application to meet this criterion. This property is within the Municipal Service Area of the Commerce City Growth Boundary.
(4) The property is capable of being integrated into the city in compliance with all applicable provisions of this land development code;
Staff Analysis: Staff finds this application to meet this criterion. This annexation application was reviewed by staff and external review agencies and was found to be in compliance with all applicable provisions of the Commerce City LDC.
(5) At the time any development of the area proposed to be annexed is completed, there is a reasonable likelihood that capacity will exist to adequately serve residents or users of such area with all necessary utilities, municipal services and facilities; and
Staff Analysis: Staff finds this application to meet this criterion. This annexation application was referred to all applicable utility companies, fire and police departments, school district, and internal agencies and all reviewers found that reasonable capacity exists to serve this annexation.
(6) The annexation boundaries are configured such that the annexation will not limit the city's ability to integrate surrounding land into the city or cause variances or exceptions to be granted if the adjacent land is annexed or developed.
Staff Analysis: Staff finds this application to meet this criterion. The annexation boundaries will not limit the City’s ability to integrate surrounding land into the City or cause variances or exceptions to be granted if the land is developed.
Staff Responsible (Department Head): Tricia McKinnon, Acting Community Development Developer
Staff Presenting: Dalton Guerra, City Planner III
Financial Impact: N/A
Funding Source: N/A
Staff Recommendation: The Development Review Team is recommending approval of this annexation.
Suggested Motion: I move that the City Council enter a finding that the requested Annexation for the subject property contained in case AN-258-23 meets the criteria of the Land Development Code and, based upon such finding, approve the Annexation.