EL PASO COUNTY
LAND DEVELOPMENT CODE

Chapter XI.
Annexation Impact Reports

A.   AUTHORITY

Title 31, Article 12, Sections 108, 108.5 and 116, Colorado Revised Statutes.

B.   PURPOSE

To allow El Paso County to review and comment upon the impacts of municipal annexation activities.

C.   NOTICE

A copy of the published notice of the annexation hearing before the municipality, together with a copy of the resolution and petition as filed, shall be sent by registered mail by the Clerk of the annexing municipality to the Clerk to the Board of County Commissioners and to the County Attorney at least twenty-five (25) days prior to the scheduled annexation hearing. Prior to or concurrent with the aforementioned notice, the annexing municipality may request in writing that the submittal of an Annexation Impact Report to the Board of County Commissioners be waived. The request to waive the Annexation Impact Report shall be accompanied by the municipality's rationale as to why the report should be waived. Upon receipt of such waiver request, the Clerk to the Board shall immediately schedule, for the Board's next meeting, consideration of such waiver request.

D.   BOARD OF COUNTY COMMISSIONERS' ACTION UPON ANNEXATION NOTICE

1.   The Board, at its next meeting following receipt of a waiver request to the filing of an Annexation Impact Report, shall determine whether or not such Report should be waived.

Upon a determination by the Board that the Annexation Impact Report should be waived, the Clerk to the Board shall notify the municipality proposing the annexation of the Board's determination.

If the Board determines that the Annexation Impact Report shall be required, the Clerk to the Board shall immediately notify the annexing municipality that such report shall be submitted.

E.   SUBMITTAL

Eighteen (18) copies of the Annexation Impact Report together with five (5) copies of the municipality's plan for the area as required in 31-12-105, C.R.S., shall be filed with the Development Services Department as the designated representative of the Board of County Commissioners at least twenty (20) days prior to the annexation hearing. The five (5) copies of the municipality's plan for the area may be waived if the plan is part of a larger plan developed by the municipality and such plan has been previously submitted to and reviewed by the County.

F.   DISTRIBUTION

The County has no responsibility to distribute copies of the Annexation Impact Report to any other entity. However, the County, through its review process, will attempt to solicit comments from other interested parties. To this end, the Development Services Department will distribute copies of the Annexation Impact Report to the following entities unless such entity has been provided a copy of the Report by the municipality or the applicant:

1. County Department of Transportation
2. County Department of Health and Environment
3. County Parks Department
4. County Attorney's Office
5. County Economic Development and Bond Finance Office
6. Each Special District currently providing services within the area to be annexed
7. Each School District serving the area
8. Each member of the Board of County Commissioners

The entities receiving copies of the Annexation Impact Report may provide written comments to the Board of County Commissioners. Such comments should be forwarded to the Development Services Department within five (5) working days following receipt of the Annexation Impact Report.

Upon receipt of the Annexation Impact Reports, the Development Services Department shall schedule a report to the Board of County Commissioners at a regularly scheduled meeting at least three (3) days prior to the scheduled annexation hearing.

G.   BOARD OF COUNTY COMMISSIONERS' ACTION UPON ANNEXATION IMPACT REPORT

The Development Services Department will present its Findings to the Board of County Commissioners at a regularly scheduled public meeting. The Development Services Department's findings will include the written comments from those entities which responded to the referral of the Annexation Impact Report.

The Board of County Commissioners may forward written comments to the annexing municipality, time permitting, and/or designate an authorized representative to present the Board's comments at the annexa-tion hearing.

H.   STANDARDS FOR REVIEW OF ANNEXATION IMPACT REPORTS

1.   Has the municipality made adequate provisions for the requisite level of utility services to the area?

2.   Has the municipality made adequate provisions for the requisite level of police and fire protection?

3.   Will the proposed annexation encourage growth patterns which are inconsistent with the County Master/Comprehensive Plans either in terms of the type of land use or the timing of such growth?

4.   Will the proposed annexation create unreasonable roadway maintenance/drainage problems?

5.   Will the proposed annexation have unreasonable detrimental impacts upon land adjoining the area proposed to be annexed in terms of land use compatibility, timing of growth or other development related concerns?

6.   Will the annexation create County enclaves within the municipality which have little or no possibility of future annexation by the municipality?

7.   Will the annexation remove land from an existing special purpose district to the extent that the provision of service by the District to the balance of the district is no longer financially feasible?

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