SUBJECT:
Title
An Ordinance of the Town Council of the Town of Erie Establishing General Procedures for the Disconnection of Property from the Town, and Disconnecting Certain Real Property Owned by the Town and Located at the Southwest Corner of State Highway 287 and Arapahoe Road
Body
DEPARTMENT: Town Manager and Town Attorney
Department
PRESENTER(S): Malcolm Fleming, Town Manager
Kendra Carberry, Town Attorney
First Name Last Name, Title
FISCAL SUMMARY:
Cost as Recommended: Minimal costs for legal and Town staff time to review
POLICY ISSUES:
Adopting the ordinance is consistent with the Town’s strategic infrastructure goals, intergovernmental commitments, and development priorities. As the Ordinance title indicates, if adopted, this ordinance establishes general procedures for disconnecting property from the Town, and also disconnects Town-owned property located at the SW corner of State Highway 287 and Arapahoe Road.
STAFF RECOMMENDATION:
Recommendation
Approve the Ordinance.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
This Ordinance establishes a local disconnection process by codifying Erie’s procedures for disconnection. The Ordinance is consistent with its Home Rule authority and the procedures are modeled after those in State statutes. This sets a precedent for how Erie may handle future Town and applicant-initiated disconnections in a consistent and transparent manner. The procedures include formal notice provisions to the applicable county and affected special districts, supporting transparency and compliance with broader regional planning protocols.
In addition to establishing procedures for disconnecting property, adopting this ordinance will also disconnect a specific Town-owned parcel located on the SW corner of SH 287 and Arapahoe Road. Disconnecting this parcel will help facilitate an anticipated exchange of this parcel for one owned by the City of Lafayette, under terms yet to be finalized, to provide a location for a Town of Erie water storage tank. The Town-owned parcel is part of the Lafayette Influence Area identified in the 2019 Global Settlement Agreement (GSA). Under the GSA between Lafayette and Erie, Lafayette is designated to annex this parcel, making it subject to Lafayette’s land use rules and development review procedures. Thus, adopting the Ordinance will also enable Lafayette to annex this property and facilitate development that both Erie and Lafayette have been working collaboratively to foster.
Although disconnecting the property will take it out of the Town’s jurisdiction, the Town will retain ownership of disconnected property until or unless it is sold or exchanged.
COUNCIL PRIORITY(S) ADDRESSED:
ü Prosperous Economy
ü Well-Maintained Infrastructure
ü Safe and Healthy Community
ü Fiscally Responsible
ATTACHMENT(S):
1. Ordinance
2. Legal Description