File #: Res 2024-064    Version: 1 Name: Tower Landfill
Type: Resolution Status: Passed
File created: 5/20/2024 In control: City Council
On agenda: 8/5/2024 Final action: 8/5/2024
Title: A RESOLUTION DETERMINING THE ELIGIBILITY FOR ANNEXATION TO THE CITY OF COMMERCE CITY, COLORADO OF THE PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF EAST 88TH AVENUE AND E-470 IN CASE AN-263-24 KNOWN AS THE TOWER LANDFILL ANNEXATION.
Attachments: 1. Council Communication, 2. Resolution 2024-064, 3. Legal Description, 4. Annexation Petition, 5. Vicinity Map, 6. Legal Notice, 7. Staff Presentation
Title
A RESOLUTION DETERMINING THE ELIGIBILITY FOR ANNEXATION TO THE CITY OF COMMERCE CITY, COLORADO OF THE PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF EAST 88TH AVENUE AND E-470 IN CASE AN-263-24 KNOWN AS THE TOWER LANDFILL ANNEXATION.

Body
Summary & Background
The purpose for this Resolution is to set forth the findings of fact and its conclusion as to the eligibility of that property described in attached Exhibit "A" for annexation to the City of Commerce City. This is the second step in the annexation process. The applicant is requesting approval for the annexation of approximately 110 acres, located generally at the southwest corner of East 88th Avenue and E-470. The property to be annexed is owned by DIBC HQTS, LLC. A vicinity map has been included for the specific location. The property is currently zoned Adams County Agriculture-3 (A-3) and is requested to be rezoned to Commerce City Planned Unit Development (PUD) via annexation zoning case Z-705-99-00-09-24, which is being processed concurrently.

This resolution is to determine the eligibility of the property to be annexed. This resolution does not officially annex the property into the City. The Annexation Ordinance (AN-263-24) is the application that will determine if the property will be annexed into the City based on the approval criteria set forth in Section 21-3340 of the LDC.

Findings
The recitals to this resolution are adopted as findings of fact. Additionally, City Council makes the following findings of fact:
a) A plan for the area was adopted by the City Council pursuant to C.R.S. ยง31-12-105(1)(e).

b) Not less than one-sixth of the perimeter of the area proposed to be annexed as described in the Petition is contiguous with the existing boundaries of the City of Commerce City as required by law.

c) A community of interest exists between the area proposed to be annexed as described in the Petition and the City of Commerce City and the area is urbanized or will be urbaniz...

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