File #: Res 2022-31    Version: 1 Name: Resolution finding of facts for Eberly
Type: Resolution Status: Passed
File created: 3/17/2022 In control: City Council
On agenda: 5/23/2022 Final action: 5/23/2022
Title: A RESOLUTION DETERMINING THE ELIGIBILITY FOR ANNEXATION TO THE CITY OF COMMERCE CITY, COLORADO OF THE PROPERTY GENERALLY LOCATED AT 10070 POTOMAC STREET IN CASE AN-260-22 KNOWN AS THE EBERLY PLACE ANNEXATION
Attachments: 1. Council Communication, 2. Resolution, 3. Petition of Annexation, 4. Petition of Annexation; Exhibit A Legal Description, 5. Vicinity Map
Title
A RESOLUTION DETERMINING THE ELIGIBILITY FOR ANNEXATION TO THE CITY OF COMMERCE CITY, COLORADO OF THE PROPERTY GENERALLY LOCATED AT 10070 POTOMAC STREET IN CASE AN-260-22 KNOWN AS THE EBERLY PLACE ANNEXATION

Body
Summary & Background
The resolution sets 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.

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 categories of Residential - Medium.

(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 ...

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