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1. Substantial Compliance. Upon the Town Planner’s determination that the petition and supporting documentation are complete, in compliance with provisions of this Article and applicable requirements the Planner shall refer the petition to the Board of Trustees for consideration during a regular public meeting.

a. If the petition is found to be in substantial compliance with this Article, the Board of Trustees may, by the adoption of a resolution of intent to annex, set the annexation and zoning Public Hearings on a specified date, time and place, not less than (30) thirty days nor more than (60) sixty days from the effective date of the resolution, subject to compliance with C.R.S. §31-12-108.

(1) The notice for the Planning Commission Public Hearing and Board of Trustees Public Hearing shall proceed in accordance with C.R.S. §31-12-108. Notice shall be published once a week for four consecutive weeks. The first publication shall be at least thirty days prior to the date of the public hearing. A copy of the published notice, resolution, and petition shall also be sent by Town Staff to the Board of County Commissioners and County Attorney, any special district, and school district within the territory of the area to be annexed a minimum of 25 days prior to the scheduled public hearing.

(2) Notice. In accordance with C.R.S. § 31-12-108 Notice of the Public Hearing shall consist of a copy of the resolution or the petition as filed (exclusive of the signatures) together with a notice that, on the given date and at the given time and place set by the governing body, the governing body shall hold a hearing upon said resolution of the annexing municipality or upon the petition for the purpose of determining and finding whether the area proposed to be annexed meets the applicable requirements of C.R.S. §31-12-104 and §31-12-105 and is considered eligible for annexation. Said notice shall be published once a week for four successive weeks in some newspaper of general circulation in the area proposed to be annexed. The first publication of such notice shall be at least thirty days prior to the date of the hearing. The proof of publication of the notice and resolution or petition, or the summary thereof, shall be returned when the publication is completed and, the certificate of the owner, editor, or manager of the newspaper in which said notice is published shall be proof thereof, and a hearing shall then be held as provided in said notice. A copy of the published notice, together with a copy of the resolution and petition as filed, shall also be sent by registered mail by the clerk to the board of county commissioners and to the county attorney of the county wherein the territory is located and to any special district or school district having territory within the area to be annexed at least twenty-five days prior to the date fixed for such hearing. The notice required to be sent to the special district or school district by this subsection shall not confer any right of review in addition to those rights provided for in C.R.S. §31-12-116. Zoning may occur concurrently with annexation notice and as required for an amendment to the zoning map detailed in Section 4.7.2 of this Code and may be combined with the notice for annexation. An opportunity for public testimony shall be provided at the Public Hearing.

b. If the petition is found to not be in compliance with this Article, no further action shall be taken, except that the determination shall be made by resolution adopted by the Board of Trustees.

2. Public Hearings. The Planning Commission and the Board of Trustees shall hold a Public Hearing when zoning is included as part of the annexation. A Public Meeting will suffice for Planning Commission if Zoning is not to be considered. Notice of said hearing shall be as follows:

a. Planning Commission review and recommendations.

(1) The Planning Commission shall hold a Public Hearing on the zoning of the property concurrently with the annexation review, on the date and at the time set by the resolution of substantial compliance for annexation. The petitioner shall present evidence in support of the petition for annexation and the zoning application. Planning Staff shall testify as to the elements required by statute and this Code to be present for annexation and zoning. An opportunity for public testimony shall be provided at the Public Hearing.

(2) The Planning Commission, upon the conclusion of the hearing at which it considers the petition for annexation and zoning, by resolution shall recommend approval of the petition for annexation with or without modifications and/or conditions, or recommend denial of the request. The Planning Commission, by resolution, shall also recommend approval of the proposed zoning with or without modifications and/or conditions, or recommend denial of the requested zoning district. The Planning Commission shall refer any such recommendation to the Board of Trustees.

b. Board of Trustees public hearing and action on annexation.

(1) The Board of Trustees shall hold the public hearing on the petition for annexation and zoning of the property, on the date and at the time set by the resolution of substantial compliance. The petitioner shall present evidence in support of the petition for annexation and the zoning application. Planning staff shall testify as to the elements required by statute and this Code to be present for annexation and zoning. The Board of Trustees may continue the hearing to another date without additional notice if deemed necessary to consider all of the relevant evidence, and upon a minimum of one hour of testimony. All proceedings at the hearing and any continuances thereof shall be recorded, but the recorder’s notes need not be transcribed unless otherwise required by State Statute. An opportunity for public testimony shall be provided at the Public Hearing.

(2) At the conclusion of the Public Hearing, the Board of Trustees shall adopt a resolution containing the findings of fact and conclusions, including:

(a) Whether the requirements of C.R.S. §31-12-104 and §31-12-105 as amended, and this Article have been met;

(b) Except for any terms noted in the annexation agreement, no additional terms and conditions are to be imposed beyond what is provided for in the resolution and ordinance; and

(c) Whether an election is required, either as result of a petition for election or the imposition of additional terms and conditions.

3. If the Board of Trustees finds that the area proposed for annexation does not comply with the requirements of C.R.S. §31-12-104 and §31-12-105 as amended, the annexation proceeding will be terminated.

4. If the Board of Trustees finds the following:

a. The annexation is in compliance with the requirements of C.R.S. §31-12-104 and §31-12-105;

b. An election is not required under C.R.S. §31-12-107(2);

c. The petition is found to be signed by the owners of one hundred percent (100%) of the area proposed to be annexed, exclusive of streets and alleys; and

d. Except for any terms noted in the annexation agreement, no additional terms and conditions are to be imposed beyond what is provided for in the resolution and ordinance;

Then the Board of Trustees may annex the land by ordinance without election. The ordinance annexing such area shall include a statement that the owners of one hundred percent (100%) of the area petitioned for the annexation. The zoning of the property shall be approved by separate ordinance and in accordance with Article 4 of this Code.

5. If the Board of Trustees, in its sole discretion, finds that the annexation is not in the best interests of the Town, it may deny the petition by resolution, stating the grounds for such denial. Only in the event of a petition for the annexation of an enclave as provided by C.R.S. §31-12-107(5), shall the Town be required to annex property.

6. In preparation for the annexation hearing, the Town Planner shall provide a staff report and include a summary of all referral comments received regarding the annexation plat and zoning plat along with the staff analysis and a recommendation for action regarding the request based on the provisions of the Land Use Code, Adopted Comprehensive Plan, statutes, and other applicable factors. The report shall be presented to the Planning Commission and Board of Trustees for consideration of the request for annexation and zoning. In taking action on the annexation the Planning Commission and Board of Trustees, shall consider any comments received from agencies or offices receiving copies of the annexation plat, the staff recommendation, and any comments received from citizens. Zoning shall be considered in accordance with the requirements detailed in Article 4. The Board shall also consider if the proposed annexation meets the criteria in Section 13.2 General Provisions, in taking action to approve, deny or table the annexation for future consideration. The Commission and Trustees shall also consider if the proposed annexation meets the following criteria in taking action to recommend approval or denial, or to table the annexation to a date certain for further consideration:

a. The proposed annexation is consistent with the policies and goals of the Town’s adopted Comprehensive Plan;

b. The proposed annexation promotes geographical balance of the Town’s land use pattern;

c. Adequate services are, or will be, available to support the development expected to result from the proposed annexation;

d. The proposed annexation provides for a continual and rational boundary; and

e. The proposed annexation is needed to accommodate future land use requirements.