Annexation by Petition Process (EMC Chapter 15)

Annexation by Petition Process (EMC Chapter 15)

(EMC Chapter 15 references Colorado’s Municipal Annexation Act of 1965 – CRS 31-12-105;

dates are based on 2006 calendar year)

TASK/ACTION:	DATE:	TIME PERMITTED or REQUIRED:	TASK BEGIN DATE:	TASK END DATE:	CUMULATIVE DAYS FROM SUBMITTAL:
1. Affected Property Owner(s) submit Annexation Petition to Town.	6/1
2. Staff provides a ‘communication’ to Board of Trustees indicating Petition has been received.	6/9	Not specified; see notes.	6/9	6/13	13
3. Staff reviews the Petition for completeness.	6/9	Not specified; see notes.	6/9	6/13	13
4. Board of Trustees, at regular meeting, act on ‘Resolution of Substantial Compliance’. a. Resolution sets public hearing date (see step 7 following) b. If no Resolution is adopted, Petition is incomplete – back to step 1.	6/27	Not specified; see notes.	6/23	6/27	27

(continued)

5. Public Notice of Annexation Hearing

a. Published four (4) consecutive weeks in

newspaper; first publication at least 30-days

before hearing.

b. Resolution sent Registered Mail, at least

25-days before hearing, to:

i. Board of County Commissioners;

ii. County Attorney

iii. All Special Districts.

a. 6/29

(sent notice to paper)

b. 7/14 (latest – sent to referral bodies)

Newspaper publication at least 30-days prior to hearing; 4 weeks consecutive.

Registered Mail not less than 25-days before hearing.

Published in paper on: 7/6;

7/13; 7/20’ & 7/27.

Sent 7/14

Published in paper on: 7/6;

7/13; 7/20’ & 7/27.

Sent 7/14

6. For annexations greater than 10-acres,

Annexation Impact Report is required.

a. Applicants typically responsible to ensure

annexation impact report is completed,

however, may require update by town staff

or town consulting staff.

b. Annexation Impact Report required not less

than 25-days before Public Hearing (Step 7.)

Report required not less than 25-days before hearing.

Report must be received at Town Hall not later than 7/14 or hearing is delayed.

6/1

Not later than 7/14. Applicant responsible for Impact Report.

(assumes Annexation Impact Report is timely submitted in advance of public hearing.)

7. Board of Trustees Public Hearing

on Annexation Petition.

a. Public Hearing to be held not less than 30-days

nor more than 60-days following passage of

Resolution (see Step 4.)

8/4

(staff prepares packet.)

Several hearing prerequisites:

a. Resolution;

b. 30-60 day

period.

c. Public Notices.

d. Annexation

Impact Report.

8/8

(continued)

8. Board of Trustees Resolution (Findings)

(C.R.S. 31-12-110.)

8/8

Not typical for Board of Trustees to act on Resolution at first reading.

8/8

9. Board of Trustees Decision (Ordinance)

on Annexation Petition (C.R.S. 31-12-

111.)

8/8

Not typical for Board of Trustees to act on Ordinance at first reading.

8/8

69 days

9.9 weeks

2.2 months

NOTES TO ANNEXATION PROCESS CHART:

1. The 69 days indicated for the ‘sample’ annexation assumes that the process operates like ‘clockwork’. Land use applications, including annexation, rarely work like ‘clockwork’, and any number of variables can throw the time period off. Causes for delay, often outside the control of the reviewing authority, are common. Annexations have a number of unique aspects that modify the process time indicated in this chart. (e.g. Annexation Agreements; associated rezones; contact of additional property owners, etc.)

2. The Table provides a time-frame for annexation of land. It does not address rezones, which are concurrent and mandated with annexations. The Rezone Process chart indicates, at minimum, rezones take 117-days. Assuming that a rezone application and annexation petition are submitted on the same day, the length of time needed for the rezone process will dictate.

3. Municipalities are mandated to act on Annexation Petitions within 1-year of submittal. Municipalities are entirely within their

rights to delay an annexation petition for any number of reasons. The most prominent reason to delay an annexation is for municipalities to contact other prospective unincorporated (county) property owners to determine their potential interest in annexation. Processing an annexation of single property, or even a couple smaller properties, is not efficient in comparison to processing a group of properties that may represent a logical annexation area. On recent annexation petitions, and on future

annexation petitions, the town has spent considerable time contacting adjacent and nearby property owners to an annexation party. Besides actual processing, considerable time is needed to plan for annexation areas in relation to zoning and other issues.