City Council Minutes 2003 12 16 - Laserfiche WebLink

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Louisville City Council Meeting December 16, 2003 Page 4 of 18 Mayor Davidson requested that Staff report on all matters involving STK and called for City Attorney introduction. City Attorney Light read Ordinance No. 1434, Series 2003. Mayor Davidson called for Staff presentation. Planning Director Wood thanked Finance Director Laus for her assistance to the Planning Department. Wood reviewed that Resolution No. 54, Series 2003, concludes all statutory requirements have been met, and the property is eligible for annexation under the laws of the State of Colorado. The state statute requires a public hearing be held on the merits of the annexation proposal. He reviewed Ordinance No 1434, Series 2003, if authorized, approves the annexation of StorageTek. He reviewed the applicant and property owner is StorageTek Corporation, who has submitted a petition to commence a voluntary annexation of approximately 80 acres located adjacent to and west of So. 96th Street. The annexation petition was submitted on June 17, 2003 and requests that concurrent with annexation, the annexation parcel be zoned from Boulder Agriculture to City of Louisville Planned Community Zoned District (PCZD). The proposed zoning of the annexation parcel to PCZD and the General Development Plan are both pending before the Planning Commission. Wood addressed the Annexation Standards and explained the decision to annex or not to annex the property is at the Council's discretion. Chapter 16.32 of the Louisville Municipal Code sets forth a number of annexation standards, which serve as a guide in the processing of annexation petitions. Those standards as follows: 1) Comprehensive Plan of the City of Louisville; 2) Police, Fire, Utility and Street costs; 3) Zoning of the area; 4) Utility services; 5) Storm drainage; and 6) Transfer of water rights. Wood reviewed a letter from the Boulder County Commissioners, which specifically opposed the annexation of the 80-acre parcel, as well as the concept plan associated with its proposed development. Their opposition was based upon the expressed concern the proposal was not consistent with the terms and provisions of the Southeast Boulder County, South 96th Street, Dillon Road, and US 287 Area Comprehensive Development Plan. Section 4.17 of Exhibit A "If and when annexed to the City of Louisville, Louisville shall use its best efforts in good faith to require an undeveloped buffer along the northern side of said parcels. The parties agree that only Louisville can annex this property." Wood addressed the annexation agreement and stated the standard annexation petition for the City of Louisville does give the right to City Council to require a petitioner to enter into an annexation agreement prior to annexation. The standard practice of the City is to require the petitioner or owner to execute a annexation agreement prior to City Council action on the annexation request. He stated there are two items still pending, which limits the option of City Council: 1) the zoning is still before the Planning Commission, and 4