Alert! Public hearing for the annexation at 287 and Arapahoe
Your first opportunity to speak
Here’s the latest update on the potential development of the 35-acre Tebo property at the southwest corner of Arapahoe and 287. Kensington is the developer, and Edgar Crockett is the project manager. A Monday email from Edgar informed us that the current name of their project, the Lafayette Marketplace was a “placeholder” and the new name is "The Range at Lafayette." I’m sure there’s a “range” of snarky comments you have about this, feel free to share.
ANNEXATION REQUIRED
This property is in Boulder County and before it can be developed it must be annexed.
A 20-year Intergovernmental Agreement (IGA) between Lafayette and Erie, signed in 2019, says this property is in Lafayette’s area of influence. There is an auto-renewal in the IGA at the 10-year mark unless one party decides not to renew, then the IGA is dissolved. More details about the IGA can be found here and about the revenue sharing it set in place for Nine Mile Corner and the Tebo property here.
When a Boulder County property owner says “Hey I want to build on my property”, annexation isn’t a slam-dunk. State law says the landowner must petition the city first and has requirements the petition must meet.
ANNEXATION - THE FIRST STEP
Once the petition is submitted, annexation law says the council must examine the petition and find that it complies with the state requirements. If those requirements are met they must schedule the next step, an eligibility public hearing. The first step happened on January 7th and the second step will happen on February 18th.
SECOND STEP IN THE ANNEXATION PROCESS - FIRST PUBLIC HEARING
Now we know the petition is written correctly. The second step requires the council to hold a public hearing 30 to 60 days after step one, to determine if the property is eligible for annexation to Lafayette. If council votes to approve on February 18th that vote DOES NOT annex the property or obligate the city to annex. The third step is a council vote to say yes or no to the annexation. This comes later after a development review by city staff and public hearings at the Planning Commission and the City Council about the proposed project.
Right now all we know about this project is from the image at the top of the post and a written narrative from Kensington. You can read it here or download it for your scrapbook.
THE CRITERIA
In the staff report for this hearing, we see the following list of criteria the council will examine. Each item has staff’s feedback. I’m including in parentheses the relevant information from the staff.
Not less than one-sixth (1/6 or 16.7%) of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the City of Lafayette, Colorado. (met)
A community of interest exists between the area proposed to be annexed and the City of Lafayette, Colorado. (The 2021 Lafayette Comprehensive Plan designates this area for future growth and annexation. Therefore, a community of interest exists between the area proposed to be annexed and the City of Lafayette.)
The proposed area to be annexed is urban or will be urbanized in the near future and the area to be annexed is integrated with or is capable of being integrated with the City of Lafayette, Colorado. (met)
No land held in identical ownership has been divided or included as part of the proposed territory of annexation without written consent of the owners. (met)
No annexation proceedings have been commenced by another municipality within the past 12 months. (met)
The territory proposed to be annexed is not presently a part of any incorporated city, city and county, or town. (met)
The annexation will not result in the detachment of area from a school district. (This is a true statement; the proposed annexation area will remain within the Boulder Valley School District.)
The annexation will not result in the extension of a municipal boundary more than three miles in any direction from any point of such municipal boundary within one year. (met)
An election is not required under C.R.S. 31-12-107 (The Kensington Annexation Petition submitted to the City was signed by the sole property owner of the property. Under this circumstance, there is no election required under C.R.S. 31-12-107.)
In establishing the boundaries of the area for annexation, if a portion of a platted street or alley is to be annexed, the entire width of said street or alley has been included within the area to be annexed. (met)
LET’S GET QUASI-JUDICIAL
For the public hearing on February 18th, the council assumes a quasi-judicial role. They are acting as a judge would and can only consider evidence presented to them during the public hearing. If you stop them in the grocery store or the gym and say hey I hate this, or I love this, they cannot consider that at the hearing.
THIS IS YOUR FIRST TIME TO SPEAK UP
If you stand at the podium and speak when the mayor calls for public input that becomes part of the evidence. Another plus to doing this is the developer and city staff get to hear you. You can also call on the phone during the hearing or send written public comments.
This is the first opportunity the public has to make their thoughts known. An overflowing council chamber speaks volumes as does an empty one. I’ve been there for both and there is an impact that can’t be ignored when the room is packed. When the room is empty the council and the developer can draw the inference that no one cares. I know that because I have heard other developers suggest that because no one showed up people are in support. If this matters to you consider investing a little time on Tuesday night and go and advocate for what you want for your city. And stay engaged.
Nervous? I get it, I have spoken zillions of times and it’s always nerve-wracking, that’s why I write a blurb and read it out loud to my dog half a zillion times before I go. You have five minutes to make your case.
WHEN IS THE MEETING?
February 18 beginning at 5:30 at City Hall at the corner of S.Public Rd and S. Boulder Rd.
This is Item H on the agenda and perhaps interesting to some who read my newsletters it follows a land use code update presentation. My last two reports were about this topic.
If you want to speak wait until the mayor calls for public input on the annexation, not at the beginning of the meeting where there is a place for general public input.
PROVIDING INPUT
Attend the meeting in person. City Hall Council Chambers, 1290 S. Public Road. There are yellow speaker forms to fill out. You can elect not to speak but check a box on the form in support or opposition.
Submit written comments for public input to the council. If your written comments are received by 1 pm on the day of the meeting they will be added to the meeting packet for that night. Written comments will not be read aloud during the meeting.
Participate by telephone. Call 1-877-853-5247 (toll-free). Once connected, you will be asked for the meeting number. The meeting number is 869 1163 2580. Press # after entering the number. To request to speak, press *9 during public input to raise your hand. When it is your turn, your microphone will be unmuted.
To request interpreter services, submit a request at least two (2) days prior to the meeting.
THE ENTIRE PACKET
This packet also contains an annexation impact report.
Want to offer more support? Awesome!
Karen - thank you for the bit about quasi-judicial… that giving your .2 to a commissioner whilst strolling around Waneka Lake wont help the issue - it might hurt it!