Title
A RESOLUTION DETERMINING THE ELIGIBILITY FOR ANNEXATION TO THE CITY OF COMMERCE CITY, COLORADO OF THE PROPERTY GENERALLY LOCATED AT 8581 ROSEMARY STREET IN CASE AN-255-22-24 KNOWN AS THE CARBAJAL AUTO ANNEXATION
Body
Summary & Background
The applicant is requesting approval for the annexation of approximately 0.70 acres, located generally at 8581 Rosemary Street. The property to be annexed is owned by Gilberto R. Carbajal Flores or includes Adams County right-of-way. A vicinity map has been included for the specific location. The property is currently zoned Adams County Agricultural-1 (A-1) and is requested to be rezoned to Commerce City Regional Commercial District (C-3) via annexation zoning case Z-959-19-24, which is being processed concurrently.
This resolution documents findings of fact regarding the proposed property's eligibility for annexation based on criteria in state law. This is the second of three steps in the annexation process. The first step, Substantial Compliance, occurred on December 2, 2024, and determined whether or not the annexation petition met the content and submittal requirements enumerated in the Colorado Revised Statues.
This second step, the Eligibility Hearing resolution is to determine whether or not the proposed annexation meets the statutory requirements specified in C.R.S §31-12-104 and 105, and is eligible to be annexed into Commerce City. This resolution does not officially annex the property into the City.
The final step, the Annexation Hearing (Ordinance AN-255-22-24) determines whether or not the property is 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. §31-12-105(1)(e).
b) Not less than one-sixth of the per...
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