The purpose of this chapter is to set forth the procedure for processing voluntary annexation petitions pursuant to Colorado annexation law.

(Ord. 3-96 (part), 1996).

The authority to initiate voluntary annexation proceedings is made pursuant to CRS 31-12-107 (as amended), which is incorporated herein by reference.

(Ord. 3-96 (part), 1996).

Prior to submitting an annexation petition, the petitioner(s) shall meet with the City Manager to discuss the proposed annexation, the criteria required, and annexation procedures, including an agreement for annexation.

(Ord. 3-96 (part), 1996).

The petition for annexation shall be made on such a form as provided by the City of Florence. The petition shall be submitted to the City Manager at least fifteen (15) working days prior to a regularly scheduled City Council meeting. In addition to any information required by state annexation law, petitions for annexation shall contain the following information:

A.

A signed and notarized annexation petition for the land to be annexed, including the legal description and the deed showing proof of ownership. The petition shall include a statement that the petitioner(s) will be responsible for preparing an annexation impact report, pursuant to CRS 31-12-108.5 (as amended);

B.

An annexation plat, which shall be an eleven (11) by seventeen (17) inch reduced print of a twenty-four (24) by thirty-six (36) inch matte mylar drawn in black ink or a blackline positive mylar of the same, prepared by a professional land surveyor licensed to practice in the state of Colorado, suitable for recording with the Fremont County Clerk and Recorder's Office, containing the following information:

1.

Title: "(Name) Annexation," name of the County (Fremont) and state (Colorado), and the location and legal description of the property to be annexed referenced to section, township, and range,

2.

North arrow, scale (one (1) inch equals two hundred (200) feet), dates of original drawing, and subsequent revisions and sheet number,

3.

Vicinity map showing the property to be annexed in relation to government section lines and major roads or highways within one (1) mile,

4.

The surveyor's certificate of survey, his or her seal, and the date of the survey,

5.

Boundary of the property to be annexed in a heavy solid line with a small circle at each change of direction,

6.

Property owner(s) and Mayor of the City of Florence signature blocks, and the Fremont County Clerk and Recorder's book and page line,

7.

The total acreage of the property to be annexed,

8.

The location and description of all section corners and permanent survey monuments in or near the property to be annexed and all survey data shall be as specified in The Manual of Instruction for the Survey of Public Lands, 1977, except as modified by Colorado Revised Statutes 38-51-101 through 103 (as amended),

9.

Evidence that one-sixth (⅙) of the perimeter of the land proposed to be annexed is contiguous with current City limit boundaries,

10.

Location and width of access from a public right-of-way,

11.

Zoning classification for all adjoining lots, parcels, or tracts,

12.

A note disclosing that there is an annexation agreement, running with the land, recorded with the Fremont County Clerk and Recorder's Office;

C.

A conceptual master development plan of the property to be annexed, containing the following information:

1.

Proposed zoning of the property to be annexed,

2.

All proposed lots with general dimensions or lot sizes,

3.

Topographic contours from available data such as USGS maps,

4.

General location and alignment of proposed streets,

5.

General floodplain limits, such as FEMA, and major drainage paths and other natural features through the area,

6.

Location of areas proposed for open space,

7.

A statement of how utility services will be provided.

(Ord. 3-96 (part), 1996).

At the time an annexation petition is submitted, an application for zoning of newly annexed land shall also be submitted.

(Ord. 3-96 (part), 1996).

The City Council shall act on the annexation petition pursuant to Colorado annexation law. If the City Council finds the petition for annexation to be in substantial compliance with state of Colorado annexation criteria, it shall adopt a resolution of intent to annex finding the petition to be in substantial compliance, and establishing the date, time, and place that a public hearing will be held to determine if the proposed annexation complies with state of Colorado and City of Florence annexation criteria. The public hearing will be held after the resolution and notice of public hearing shall be published in the official City newspaper once per week for four (4) consecutive weeks.

(Ord. 3-96 (part), 1996).

Should the City Council adopt a resolution of intent to annex as set forth in Section 17.80.060, then zoning procedures will commence pursuant to Chapter 17.76, Procedures for Amendments to the Zoning Ordinance and Zoning Map. These procedures will be carried out simultaneously with annexation proceedings.

(Ord. 3-96 (part), 1996).

Public notice requirements as outlined under state annexation law shall be followed. In addition, the following public notice requirements shall apply:

A.

At least fifteen (15) days prior to the scheduled public hearing, the City post on a sign a notice declaring that a zone change is requested. The sign shall be placed along the part thereof fronting a street. The sign shall be of adequate size to relay the following information:

NOTICE OF PUBLIC HEARING
FLORENCE CITY COUNCIL

RE: ANNEXATION

Hearing to be held (date and time of hearing), City of Florence Municipal Building, Council Chambers, 300 W. Main Street, Florence, Colorado.

Signs placed offsite shall contain one (1) of the following: Assessor schedule number, address of the property, or legal description.

The posting of the sign shall be verified by the City Manager.

B.

At least thirty (30) days prior to the scheduled public hearing, the City Manager shall notify all property owners within a three hundred-foot radius of the subject property, by first-class mail, that a petition for annexation has been submitted, and the date of the public hearing.

(Ord. 3-96 (part), 1996).

(Ord. No. 09-20-2021A, Exh. A, 10-4-2021)

After a resolution of intent to annex has been adopted, the City Manager shall submit a report to the Florence Planning Commission, including, but not limited to, the following information:

A.

A complete review of the item, including the annexation and proposed zoning;

B.

A copy of a proposed annexation agreement, including staff comments.

(Ord. 3-96 (part), 1996).

Prior to the date fixed for public hearing, the Planning Commission shall submit a recommendation to the City Council on the proposed annexation. This recommendation will be submitted along with the Planning Commission's recommendation to City Council regarding the proposed zoning of the property, pursuant to Chapter 17.76, Procedures for Amendments to the Zoning Ordinance and Zoning Map.

(Ord. 3-96 (part), 1996).

A.

It is a requirement that either one (1) applicant or a representative be present at the public hearing.

B.

The Mayor shall open the hearing.

C.

The City Manager shall present an advisory report which shall include a complete review of the item, along with the recommendations of the Planning Commission. Other city staff may present information.

D.

The applicant or a representative shall make a presentation.

E.

Other proponents of the item shall be heard.

F.

Opponents of the item shall be heard.

G.

Additional comments by the City Manager or other City staff shall be allowed for clarification or in response to new evidence or questions from the City Council.

H.

The petitioner(s) may respond but only to rebut new evidence.

I.

Questions from the City Council may be directed at any time to the applicant, staff or public to clarify evidence presented in the hearing.

J.

No proponent or opponent of an item shall be permitted to speak more than once with the exception of the rebuttal allowed the petitioner(s) and with the exception that anyone may speak in response to questions from the City Council. Responses to questions from the City Council shall be limited to answers to the question as stated.

K.

The City Council may recess the hearing in order to obtain additional information pertaining to the petition.

L.

The City Council must find that the annexation complies with annexation criteria adopted by City Council Resolution 38-95 and subsequent resolutions.

M.

When the City Council has no additional questions, the Mayor shall close the hearing and the City Council shall act on the petition. The City Council shall take action on the following items:

1.

Annexation ordinance;

2.

Annexation plat;

3.

Annexation agreement;

4.

Zoning ordinance, pursuant to Chapter 17.76.

(Ord. 3-96 (part), 1996).

If approved by City Council, the annexation ordinance, annexation plat, and annexation agreement (signed by the City of Florence and the petitioner(s)) shall be recorded with the Fremont County Clerk and Recorder's office.

(Ord. 3-96 (part), 1996).

Petitions for annexation election shall be processed pursuant to procedures outlined under Colorado annexation law. Except as modified by those procedures, the requirements of this chapter shall also apply to petitions for annexation election.

(Ord. 3-96 (part), 1996).