(A)

This Section 8, Annexation, shall be known and cited as the "Ridgway Annexation Ordinance".

(B)

Unless otherwise provided by an agreement or by ordinance governing the annexation of property into the Town, the ordinances, resolutions, rules, and regulations of the Town shall remain fully valid and effective upon any property annexed into the Town.

(Ord. 03-2023)

(A)

The purpose of the Ridgway Annexation Ordinance, is to establish a procedure to bring land under the jurisdiction of the Town of Ridgway in compliance with the Colorado Municipal Annexation Act of 1965, as amended ("Act"). Section 31-12-101, et seq., C.R.S.

(B)

This Section, in part, provides supplemental requirements for annexation pursuant to the Act and is not to be construed as altering, modifying, eliminating, or replacing any requirement set forth in the Act or any requirements set forth in other portions of the Ridgway Municipal Code. In the event of a conflict between the Act, the provisions of this Section, the provisions of this Chapter 7, or any requirements set forth in other portions of the Ridgway Municipal Code, the more stringent provision shall control.

(C)

For the purposes of defining the certain words or phrases used herein and interpreting this Section, the provisions of Section 31-12-103, C.R.S., shall apply, which provisions are incorporated herein by this reference.

(Ord. 03-2023)

It shall be the general policy of the Town with respect to annexations and the consideration of annexation petitions that:

(A)

Annexation is a discretionary act. Except for the initiated petition for the annexation of an enclave, the Town shall exercise its sole discretion in the annexation of territory to the Town.

(B)

The land to be annexed and the uses proposed for the land shall conform to the goals, policies, and strategies of the Master Plan and to the land uses depicted on the Future Land Use Map, as amended.

(C)

Certain public facilities and amenities are necessary and must be constructed as part of any territory annexed to the Town in order that the public needs may be served by such facilities. These facilities include, but not limited to, streets, bridges, public parks and recreation areas, school sites, and storm drainage facilities. The annexation of lands to the Town shall not create any additional cost or burden on the then-existing residents of the Town to provide such public facilities in any newly annexed area.

(D)

The petitioner for annexation shall be responsible for paying the Town's full cost for processing the annexation petition, from initial discussion with Town staff before submittal of the petition through the approval and recording of the final annexation documents, in the event of the Town Council's approval of annexation.

(E)

Annexed areas will not divide tracts of land to prevent further annexation of adjoining parcels (for example, leaving a "gap" or a "strip" of land between property to be annexed and the adjoining property).

(F)

Adequate water rights are to be deeded to the Town, as determined necessary by the Town, at the time of annexation, to provide sufficient water for the annexed property and the uses thereon.

(G)

The annexation process can be complex. A property owner considering an annexation petition may wish to consult with an attorney familiar with municipal annexation law. While the Town staff will cooperate with the property owner in the process of complying with state law or the Land Use Regulations, the Town cannot be bound by any representations made by the Town staff regarding the status of or the requirements of state law or the Land Use Regulations. As a general rule and except in extraordinary circumstances, annexation petitions should be accompanied by a request for zoning and, when appropriate, a sketch plan or other application(s), which may be needed pursuant to Chapter 7, Section 4, Land Use Regulations.

(H)

The property owner may request that the annexed property be placed in a specific zone district, or the Town may initiate a zoning action as part of the annexation process. However, no zoning action shall become effective prior to the effective date of the annexation ordinance concerning the property.

(I)

The Town may conduct zoning and subdivision review for the area proposed to be annexed after the Town Council adopts a resolution finding the petition for annexation (or annexation election) to be in substantial compliance with the state law and that the area is eligible for annexation. The Town Council shall not pass any ordinance approving a request for zoning and/or subdivision until an ordinance annexing the property to the Town has been approved by the Town Council.

(J)

The petitioner(s) shall enter into an annexation agreement with the Town for the development of the property to be annexed.

(Ord. 03-2023)

In addition to other duties imposed upon all applicants by these Land Use Regulations and the Act, as amended, all applicants shall have the following responsibilities:

(A)

The applicant is responsible for having a representative at all meetings where the request is reviewed. Failure to have a representative present is cause to have the item withdrawn from the agenda of that meeting.

(B)

The applicant shall consult with the Town Manager or designee to discuss any special conditions pertaining to the annexation and to obtain an annexation petition prior to submitting an annexation petition to the Town.

(Ord. 03-2023)

(A)

Eligibility. Eligibility for annexation shall be determined by conformity with the requirements of the Act, including, but not limited to, Sections 31-12-104 and 31-12-105, C.R.S., and as determined by the Town Council in its sole discretion.

(B)

Annexation Process Summary. The annexation process shall be as follows:

(1)

Pre-Application Meeting

(2)

Submittal of Application and Petition

(3)

Resolution of Substantial Compliance and Setting the Public Hearing

(4)

Evaluation and Review of the Application and Petition

(5)

Planning Commission Consideration of Initial Zoning

(6)

Town Council Consideration of Annexation Agreement, Annexation Ordinance, and Zoning

(7)

Post Approval Requirements

(C)

Pre-Application Meeting. The application process begins with a preapplication conference with the Town Manager or designee and other appropriate Town staff to determine the feasibility of the annexation request. Following this informal meeting, the petitioner shall submit a letter of intent requesting annexation, the annexation petition, the completed annexation application form, annexation maps, applicable fees and supporting documents, as provided in this Section.

(D)

Application and Petition Submittal Requirements. All of the following information and materials shall be submitted to the Town in a form acceptable to the Town Manager or designee.

(1)

Annexation Application Materials. The following materials are required for all applications regulated by Section 8, Annexation, unless waived by the Town Manager or their designee:

(a)

Application Form. An application form for the request shall be obtained from the Town. Completed application forms and accompanying materials shall be submitted to the Town by the owner or applicant.

(i)

Authorized Agent. If the applicant is not the owner of the land based on Ouray County Assessor records, the applicant shall submit a letter signed by the owner consenting to the submission of the application(s).

(ii)

Applicant is Not the Sole Owner. If the applicant is not the sole owner of the land, the applicant shall submit a letter signed by all owners or an association representing all the owners, by which all owners consent to or join in the application.

(b)

Fees as required by Section 7-1-6, General Provisions.

(c)

Proof of Ownership. Proof of Ownership in the form of a copy of the property deed or a title commitment which has been issued within sixty (60) days of the application submittal along with copies of all documents listed in the exceptions.

(d)

Legal Description. Legal description of the property subject to the petition and application.

(e)

Vicinity Map. A map locating the project limits, parcel(s), and property within Ridgway. The vicinity map shall clearly show the boundaries of the subject property and all property within a three-mile radius of the subject property.

(f)

General Written Narrative. A general written narrative identifying the development team, existing conditions of the property, proposed uses, density, lot layout, end users, financing, public dedications (including, but not limited to, rights-of-way, parks, open space, and infrastructure), and describing the purpose of the project, how the request meets the applicable approval criteria, furthers the goals and objectives specified in the Master Plan, and identifying any potential impacts on adjacent properties and public infrastructure and how those impacts are proposed to be mitigated.

(2)

Petition for annexation. A Petition for Annexation, in a form acceptable to the Town Attorney and complying with the requirements of the Act. The Town may provide a standard form petition. The Petition shall be signed by 100% of the owners of the private property described in the Petition.

(3)

Annexation map. All annexation maps shall be made with an engineer's scale, minimum scale to be one (1) inch represents one hundred (100) feet and shall be on a reproducible medium with outer dimensions of twenty-four (24) by thirty-six (36) inches. The annexation map shall contain the following information:

(a)

The date of preparation, the scale and a symbol designating true north.

(b)

The name of the annexation.

(c)

The names, addresses and phone numbers of the applicant and the person responsible for preparing the annexation map.

(d)

The legal description.

(e)

Distinction of the boundary that is contiguous to the Town and the length of same.

(f)

Lot and block numbers if the area is already platted.

(g)

Existing and proposed easements and rights-of-way.

(h)

Existing water courses with adequate easements for flood control.

(i)

Existing and requested zoning and acreage of each requested zone.

(j)

Ownership of all parcels within and adjacent to the annexation.

(k)

Mailing addresses of all property owners within two hundred (200) feet of the annexation.

(l)

Affidavit concerning the amount and historical use of all water rights owned.

(4)

Annexation Impact Report. Using information available at this stage of the development process, the application is to be accompanied by a narrative report assessing the effect of the proposed annexation upon the community and existing services and facilities. It shall detail the possible need for any expansion of those services and facilities to accommodate the development proposed for the property being annexed. The narratives shall be one or more paragraphs in length, and adequate to explain the needs, concepts, and proposed solutions for each of the following:

(a)

An assessment of the community needs for the proposed annexation and land use.

(b)

The economic impact to the Town of the proposed annexation. This is to include an analysis of short-term and long-term revenues to the Town to be generated by the development, short-term and long-term expenses of the Town likely to be incurred as a result of the annexation and development, and proposals to mitigate any negative impacts.

(c)

The school impact including an estimate of the number of students to be generated by development of the property, capital construction required to educate the students, and proposals to mitigate any negative school impacts.

(d)

The source of water, both potable and non-potable, and sanitary sewer systems anticipated to serve the property, including a description of any regional facilities that must be constructed or upgraded to serve the development on the property.

(e)

The impact on the existing transportation system and proposals to mitigate any negative transportation impacts upon the community (arterial and collector street improvements, intersection improvements, intersection signalization, alternative modes of transportation, etc.).

(f)

The impact of the proposed development on the existing storm drainage system and proposals to mitigate any negative drainage impacts upon the community (historic rainfall drainage patterns, detention and retention areas, storm sewer requirements, discharged irrigation ditches, floodways, and floodplains, etc.).

(g)

The impact of the proposed development on law enforcement and proposals to mitigate any impact upon the existing law enforcement services (special security needs, additional officers required, additional equipment requirements, etc.).

(h)

The impact of the proposed development on the fire district and proposals to mitigate any impact upon the existing fire protection services (special fire hazards, fire prevention, fire detection, emergency access, additional equipment requirements, additional manpower requirements, additional fire stations, etc.).

(i)

The impact of the proposed development on town park facilities and recreation programs and proposals to mitigate any impact upon the existing facilities and programs.

(j)

The impact of the proposed development on the environment of the town and proposals to mitigate any negative impact (identify environmentally sensitive areas, endangered species, significant habitats, etc.).

(k)

The short-term and long-term economic development potential for the property (numbers of jobs to be created, sales and use tax generation, property tax generation, utility revenue generation, incentives to be offered, etc.).

(l)

The compatibility of the proposed development with the town's current and future transportation infrastructure and road network and proposals for mitigating any negative impact.

(m)

The compatibility of the proposed development with the Master Plan and any plan amendments that may be necessary for the proposed development.

(n)

The compatibility of the proposed development with the Land Development Regulations and Ridgway Municipal Code and any deviations in setbacks, space requirements, and permitted uses that may be required for the proposed development.

(o)

A review of existing and adjacent land uses, areas of compatibility or conflict, and possible mitigation measures that may be required for the proposed development.

(5)

Concept development plan map. The concept development plan map(s) shall be a neat, clear, permanent, legible, and reproducible document and shall contain the following:

(a)

The boundary of the area to be developed;

(b)

A written legal description of the area to be developed;

(c)

The general location of each proposed land use on the property and the percentage of the whole for each use. General location of land uses may be shown as irregular graphic shapes depicting the approximate size and relationship to adjacent land uses. A table shall be used to list densities and land use by type, including the area of each, the density of residential development and the maximum and minimum lot sizes, and the maximum square footage of commercial and industrial buildings and the maximum and minimum lot sizes;

(d)

Existing and proposed arterial and collector streets and their relationship to the principal land uses on the site;

(e)

Existing and proposed major utility lines or facilities and their relationship to the principal land uses on the site;

(f)

Contour lines at ten (10) foot intervals, except when there are significant geographical features on the land and a different interval is determined to be more appropriate; and

(g)

Significant natural or manmade features on the site and contiguous to the property, including, but not limited to, bluffs, tree galleries, lakes and ponds, irrigation ditches, watercourses, and wetlands.

(6)

For all annexations in excess of ten (10) acres, the applicant shall obtain from the school district governing the area to be annexed a statement of the effect of the annexation upon the school district, including an estimate of the number of students generated by the proposed annexation and the capital construction required to educate such students.

(7)

Property tax statement. A copy of the prior year's property tax statement for all property to be annexed.

(8)

Public hearing notification envelopes. In addition, the applicant shall provide such envelopes for the County Commissioners, County Attorney, and School District.

(9)

Surrounding and interested property ownership report.

(10)

Statement of conformance to the Master Plan. A narrative of how the project conforms to the Future Land Use Classification and the goals, policies and strategies identified in the Master Plan.

(11)

Water rights. A "Water Rights Report" for the property prepared by a licensed water engineer or water attorney detailing the water rights appurtenant to and severed from the property to be annexed and their historical use. The report must include both surface (tributary) and subsurface (non-tributary and not non-tributary groundwater). The applicant shall provide to the Town a signed warranty deed(s) for sufficient water rights as defined by the Town Engineer and in a form acceptable to the Town Attorney to provide the domestic needs of property to be developed as a result of the annexation. In addition, the applicant shall provide to the Town a signed standard form warranty deed for the transfer of all subsurface (non-tributary) water rights to the Town. The timing and form of required water rights dedication may be modified in the Annexation Agreement.

(12)

Application for zoning of property to be annexed. The petitioner must submit a completed Zoning Map Amendment application, and all required submittal requirements as set forth in Section 7-4-3(C), Zoning Map Amendment of this Chapter.

(E)

Completeness Review. The Town Manager or designee shall review the petition for annexation and all other submitted materials for completeness as follows:

(1)

Within ten (10) days following receipt of a petition or application, the Town Manager or designee shall administratively review the application and determine whether it includes all the application content requirements of the Ridgway Municipal Code for the requested application type.

(2)

All plans, reports, maps, and other information required for the application type must be complete and legible. A failure of the application to meet the requirements of the Act, Chapter 7, Land Use Regulations, and the Ridgway Municipal Code may delay the processing of the application until the application is sufficient and deemed complete.

(3)

When the Town Manager or designee determines that the application is complete as submitted, the Town Manager or designee shall process the application for review in accordance with the provisions set forth in this Section 8, Annexation.

(4)

In the event the Town Manager or designee determines that the application is incomplete, the Town Manager or designee shall inform the petitioner in writing of the deficiencies in the application. No further processing of the incomplete application shall be undertaken until the Town Manager, or designee, determines that the applicant has remedied the application's deficiencies.

(F)

Substantial Compliance.

(1)

Annexation petition referral to Town Council. Upon the Town staff's determination that the petition and supporting documentation are complete and in compliance with provisions of this Chapter, the Act, and the Ridgway Municipal Code, the Town Manager or designee shall refer the petition to the Town Council for review and consideration.

(2)

Town Council determination of substantial compliance. The Town Council shall consider at a regular or special meeting whether the petition is in substantial compliance with provisions of the Act.

(a)

If the petition is found to be in substantial compliance with the Act, the Town Council may, by the adoption of a Resolution of Substantial Compliance, set the annexation and zoning, for a public hearing as provided in the Act.

(b)

If the petition is found to not be in compliance with the Act, no further action shall be taken, except that the findings shall be made by resolution of the Town Council.

(G)

Evaluation and Review of Application and Petition. Town Staff shall analyze the feasibility of annexing the proposed property, such analysis including, but not limited to, the ability to serve with streets, water, sanitary sewer, storm sewer, parks and recreation, schools, law enforcement and fire protection. The analysis shall also consider the following: compliance with the Town's Comprehensive Plan, codes, and policies; sources of revenue from the property; the Town's costs to serve development proposed for the property; and any other related matters.

(H)

Notice of Public Hearing. After adoption by the Council of a Resolution of Substantial Compliance, the Town shall provide notice of the public hearing as provided in the Act and Chapter 7, Land Use Regulations.

(I)

Planning Commission Review. The Planning Commission shall review the initial zoning in a manner consistent with Section 4, Zoning Regulations, to evaluate compliance with applicable standards. Following their review of the application, the Planning Commission shall provide a recommendation to approve, approve with conditions, or deny the application to the Town Council based on the criteria set forth in Section 7-4-3(C), Approval Criteria.

(1)

The Planning Commission may, in its sole discretion, continue or postpone the public hearing to a specified date and time in order to permit preparation of additional information for further review by the Planning Commission prior to providing a recommendation to the Town Council.

(J)

Town Council. The final decision to approve, approve with conditions, or deny an Annexation, Annexation Agreement, and initial zoning request shall be made by the Town Council in a manner consistent with the Act.

(1)

The Town Council may, in its sole discretion, continue or postpone the public hearing to a specified date and time in order to permit preparation of additional information for further review by the Town Council prior to making a final decision.

(K)

Post Approval.

(1)

Review. Prior to recording of the approved documents, the applicant shall submit all final documents reflecting any conditions of approval to the Town Manager or their designee for final review and acknowledgement.

(2)

Recording. Any documents required to be recorded with the Ouray County Clerk and Recorder shall be fully executed by the applicant and filed for execution by the town and recorded. Recording of all documents shall be completed within a reasonable period of time from the date of approval by the approving body.

(3)

Effective Upon Recording. A plat does not become effective until it is properly filed for recording with the Ouray County Clerk and Recorder.

(Ord. 03-2023)