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Home My WebLink Aboutresolution.council.099-03 RESOLUTION NO. ~ ~ (Series of 2003) A RESOLUTION OF THE CITY COUN-CI:L OF ASPEN, COLOR_4~O, F1NDING COMPLIANCE WITH SECTIONS 31-12-104 and 31-12-105, C.R.S., FOLLOWING PUBLIC HEARLNG RELATIVE TO THE PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY KNOWN AS THE "SEVENTH STR~:ET/HOPK1/~-S AVENUE CORRIDOR ANNrEXATiON,, PROPERTY. WHEREAS, on August 19, 2003, the owners of the proper~y proposed to be annexed did file with the City Clerk of the City of Aspen a Petition for Annexation of reft/tory ro the City of Aspen; and WHEREAS, on September 22, 2003. the City Council did adopt Resolution No. 89, Series of 2003, finding substantial compliance with Section 31-12-107(1), C.R.S.; establishing Octob~ 27, 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 hearing; and WHEREAS, the public heanng was held on October 27, 2003; and WHEREAS, the City Council desires ro adopt its findings and determinations following said hearing in the form ora resolunon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCTL OF THE CITY OF ASPEN, COLORADO: Section 1 That having heard and considered the tesnmony, comments, exhibits and arum. intents of ail persons appearing at the public heating, the City Council of the City of Aspen makes the following I~ndings and determinations in accordance with the Colorado Murficlpal Annexation Act, as mended: 1. The City Clerk, in accordanoe with Resolution No~ 89, Series of 2003, did g/ye public notice pursuant to Section 31-12~108, C.R.S., of the public hearfing, by causing to be published once a week for font consecutive weeks 'in The ASl)*n Times, a newspaper of general circulation in Pitkin County, the first pubhcat/on being at least thirty (30) days prior to the date of the public heating. In addition, the City CounciI did send to the Pitkin County Board of County Commissioner~, to the County Attorney of Pitkin County, mid 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. Ttmt a commtm~ty of interes~ 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 m the finding by City Council that the area to be annexed exceeds the one-sixth contiguity requirement and: 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 per~od of not less than five years; and, b. It is physically practicable to extend to the area proposed to be annexed those urban services which the City of Aspen provides in common to all of its citizens on the same terms and conditions as such servmes are made to such citizens. 4. The property proposed to be mmexed was not divided into separate parts or parcels fi.om any other tract or parcel of teal estate without the written consem 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 31-12-105(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 mnnicipality which affects the property proposed to be annexed. Accordingly, the iimitafion set forth at Section 31-12-I05(c) is not applicable. 7. A~mexation of the property proposed to be annexed would not result in the detachment of any area fi.om any school district and the attachment of the same to another 2 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 nor have the effect of extending the bomadary of the City of Aspen more than three miles in any direction. Accordingly, the limitations set forth ar Section 31-12-105(e) relating To the extension of muanicipal boundaries by more than three miles in any one year is nor applicable. 9. The annexation of the property proposed to be annexed would be consistent with ~he "Am~exation Element to the Aspen Area Comprehensive Plan'. Accordingly, the reqmrement 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 port/on 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) been meT. 11. The City of Aspen does not intend to deny reasonable access to landowncrs, owner of an easement, or the owner of a franctfise adjoining any street, alley, or h/ghway, upon annexation. Accordingly, the limitation set forth at Section 3 t-12-105(f) has been met. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on Re day of.~ ~2003. I, Kathryn 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 Council of the City. of Aspen, Colorado, at a meeting held on the day hereinabove stated. JPW-~¢/21/2003-G: ~ohn\word resos\seventh-res2,doc 6TH NOTES: P.M. WEST ASPEN VICIN TY MAP N.T.S. D~TE OF SURVEY,- APHIL, 2002. DATE OF PREPARATIOn: APPJL-JUNE. 2003. BAEIS OF BEA~G: A BEA~NG OF S 54~4~'~F' E B~EEN ASPE~ TO~EITE CORNER No. 7 A FOUND FOIST c~uv~ CAP A~D THE FOUND SE CO.EH OF ~CK ~ ~ Pitkin County 76 Service Center Road · Aspen. Colorado 8161 I City of Aspen Attn: Nick Adeh, City Engineer 130 S. Galena Street Aspen, CO 81611 Date: I 1/11/03 Re: Annexation S. Seventh & W. Hopkins Nick, I have,the following comments and reasons for the County's petition to the City for the annexation of South Seventh Street and W. Hopkins Avenue. 1. When the original Aspen Townsite was laid out, the Aspen Townsite Line 7-8 cut through the west end of town l~aving 1 block of W. Hopkins Avenue and ½ block ofS. Seventh Street in the Count~. This One block of Hopkins and ½ block of S. Seventh are contiguous to the City street network and should logically be p~art of the City of Aspen street system. 2. The City has maintained these streets through an informal agreement with the County for a number of years. The City should take over the ownership of the roads formally sd that Highway Users Tax Funds can be Collected for the City Streets department. 3. It would simplify jurisdictional issues related to the enforcement of parking and traffic control. 4. ?ermitting of road work, utility extensions, standards of repair and other work withkt the right of way would be simplified for the City, County and the public in general.. - 5i These two short sections of road appear to be in the City, most people believe they are in the City, consequently it makes sense for the roads to be in the City. If you'have any questions, or need anything else, please give me a Call. B.W. E~gineer Public Works Fleet Maintenance Natura Resources (970~ 920-5390 (970) 920-5393 (9701 920-521,4 fax 920-5374 fax 920-5764 fax 920-537,a