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HomeMy WebLinkAboutresolution.council.034-03 RESOLUTION NO. ~ (Series of 2003) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, FINDING COMPLIANCE WITH SECTIONS 31-12-104 and 31-12-105, C.R.S., FOLLOWING PUBLIC HEARING RELATIVE TO THE PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY KNOWN AS THE KAPLAN PROPERTY. WHEREAS, on February 27, 2003, the owners of the property proposed to be annexed did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen; and WHEREAS. on March 10, 2003, the City Council did adopt Resolution No. 23, Series of 2003. finding substantial compliance with Section 31-12-107(1), C.R.S.; establishing April 14, 2003, as the date for a public hearing to determine compliance with Sections 31-12-104 and 31-12- 105. C.R.S.; and authorizing publication of said heating; and WHEREAS. a public heating was held on April 14, 2003; and WHEREAS. the City Council desires ro adopt its findings and determinations following said heating in the form of a resolution. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN. COLORADO: Section 1 That having heard and considered the testimony, comments, exhibits and arguments of all persons appearing at the public hearing, the City Council of the City of Aspen makes the following findings and determinations in accordance with the Colorado Municipal Annexation Act, as amended: 1. The City Clerk, in accordance with Resolution No. 23, Series of 2003, did give public notice pursuant to Section 31-12-108. C.R.S., of the public heating, by causing to be published once a week for four consecutive weeks in The Aspen Times, a newspaper of general circulation in Pitkin County, the first publication being at least thirty (30) days prior to the date of the public hearing. In addition, the City Council did send to the Pitkin County Board of County Commissioners, to the County Attorney of Pitkin County, and to the Aspen School District, a copy of the aforesaid resolution and petition. 2. That the property proposed to be annexed consists of unincorporated area which has more than one sixth boundary contiguity with the City of Aspen. 3. That a community of interest exists between the area proposed to be annexed and the City of Aspen; that said area is urban or will. be urbanized in the near future; and that said area is integrated with or is capable of being integrated with the City of Aspen. The basis of compliance with the foregoing is the finding by City Council that the area to be annexed exceeds the one-sixth contiguity requirement amd: a. Less than one-half of the land in the area proposed to be annexed (including streets) is agricultural, and none of the owners of such agricultural land, if any, have expressed an intention, under oath, to devote the land to agricultural use for a period of not less than five years; and, b. It is physically practicable to extend to the area proposed to be armexed those urban services which the City of Aspen provides in common to all of its citizens on the same terms and conditions as such services are made to such citizens. 4. The property proposed to be annexed was not divided into separate parts or parcels from any other tract or parcel of real estate without ~he written consent of the landowners thereof to establish the boundaries of the property described in the annexation petition. (One hundred percent of the owners of the proposed area to be annexed have consented to the annexation.) 5. The owners of the property proposed to be annexed have consented in writing to the annexation. Accordingly, the limitation set forth at Section 31-12z105(b) is not applicable. 6. There is no other annexation proceeding, other than the one under consideration herein, which has been commenced either in the City of Aspen or any other municipality which affects the property proposed to be annexedl Accordingly, the limitation set forth at Section 31-12-105(c) is not applicable. 7. Annexation of the property proposed to be annexed would not result in the detachment of any area from any school district and the attachment of the same to another school district. Accordingly, the limitation set forth at Section 31-12-105(d) is not applicable. 8. Annexation of the property proposed to be annexed would not have the effect of extending the boundary of the City of Aspen more than three miles in any direction. Accordingly, the limitations set forth at Section 31-12-105(e) relating to the extension of municipal boundaries by more than three miles in any one year is not applicable. 9. The annexation of the property proposed to be annexed would be consistent with the "Annexation Element to the Aspen Area Comprehensive Plan". Accordingly, the requirement set forth at Section 31-12-105(e) relating to the requirement that a "plan" be adopted for the property proposed to be armexed has been met. 10. In establishing the boundaries of the area to be annexed, no portion of a platted street or alley is proposed to be annexed or the entire width of the alley or street is proposed to be annexed. Accordingly, the limitation set forth at Section 31-12-105(f) has been met. 11. The City of Aspen does not intend to deny reasonable access to landowners, owner of an easement, or the owner of a franchise adjoining any street, alley, or highway, upon annexation. Accordingly, the limitation set forth at Section 13 l-12-105(f) has been met. INTR~?,~ R~AD AND ADOPTED by the city Councli 0f the City of Aspen on the //'/~ day of~2003. 3 I, Kat~ S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Comncil of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. JPW~O4/O8/2OO3~G:~john~word~reso$~kaplan-res2 ,doc 4