Item Coversheet
ALAMOSA CITY COUNCIL
COUNCIL COMMUNICATION


Subject/Title:
Resolution No. 7-2022, Finding of Substantial Compliance, Sierra Vista Addition No. 2 Annexation
Recommended Action:
Staff recommends that Council adopt Resolution No. 7-2022 finding the Annexation petition for Sierra Vista Addition No. 2 to be substantially complete and set the date for an eligibility hearing for May 18th, 2022.

Background:

This property is located south of the Montaña Azul development along South Craft Drive and contains ±42.99 acres. The property is currently vacant and is being proposed for a residential development. A copy of the substantially compliant plat is attached.

 

Staff has reviewed the petition, and determined that it is substantially complete, and in compliance with the requirements of C.R.S. § 31-12-107. All owners (in this case, only one) have petitioned for annexation. A copy of the statute is attached for reference. This Resolution also sets the next step in the process - the Eligibility Hearing - which must occur between 30 and 60 days from the Resolution of Substantial Compliance, again pursuant to state statutes. Pending passage of this Resolution, the eligibility hearing will occur on May 18th.

Following the adoption of this resolution, state statutes require an impact report to be sent to the Board of County Commissioners, as well as copies of the resolution, petition, and notice for eligibility hearing to County Commissioners, County Attorney, and any special districts and school districts serving the area proposed to be annexed.

Issue Before the Council:

Does Council find that this petition for annexation is substantially complete, and in doing so set the hearing for eligibility on May 18th?


Alternatives:

As long as the petition is in substantial compliance with state statute, Council has little option but to accept the petition and set the eligibility hearing, but is not obligated to annex the property if it feels it is not in the best interests of the City.



Fiscal Impact:

No significant financial impact is anticipated.


Legal Opinion:
The City Attorney will be available for comment.

Conclusion:
The only question before Council at this juncture is whether the petition is substantially complete and in compliance with the requirements of C.R.S. §31-12-107.  Staff has reviewed it and believes that it is.
ATTACHMENTS:
DescriptionType
Resolution 7-2022 substantial complianceResolution
CRS ยง 31-12-107Backup Material
Annexation PetitionBackup Material
Draft Annexation PlatBackup Material
Map of Annexation AreaBackup Material
Annexation ApplicationBackup Material
CRHDC Articles of IncorporationBackup Material
CRHDC Statement of AuthorityBackup Material
Preliminary Development PlanBackup Material