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HomeMy WebLinkAboutresolution.council.003-97 . . e RESOLUTION NO. :3 (Series of 1997) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, FINDING COMPLIANCE WITH SECTIONS 31-12-104 AND 31-12-105, C.RS., FOLLOWING PUBLIC HEARING RELATIVE TO THE PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY KNOWN AS THE STILLWATER RANCH SUBDMSION, LOT 5 PARCEL. WHEREAS, on November 19, 1996, the owner of the property proposed to be mexed did file with the City Clerk of the City of Aspen a Petition for Am1exation of territory to the City of Aspen; and WHEREAS, on November 25, 1996, the City Council did adopt Resolution No. 68, Series of 1996, fmding substantial compliance with Section 31-12-107(1), C.RS.; establishing January 13, 1997, as the date for a public hearing to determine compliance with Sections 31-12- 104 and 31-12-105, C.RS.; and authorizing publication of said hearing; and WHEREAS, a public hearing was held on January 13, 1997; and WHEREAS, the City Council desires to adopt its fmdings and determinations following said hearing 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 fmdings and determinations in accordance with the Colorado Municipal Am1exation Act, as amended: e 1. The City Clerk, in accordance with Resolution No. 68, Series of 1996, did give public notice pursuant to Section 31-12-108, C.RS., of the public hearing, 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, in accordance with Section 31-12-108.5, C.R.S., an impact report concerning the proposed mexation was prepared and fIled with the Pitkin County Board of County Commissioners. 3 . That not less than one-sixth of the perimeter of the area proposed to be mexed is contiguous with the City of Aspen upon the mexation of the Maroon Creek Subdivision (North) Property. 4. That a community of interest exists between the area proposed to be mexed and the City of Aspen; that said area is urban or will be urbarIized 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 fmding by City Council that the area to be mexed exceeds the one-sixth contiguity requirement and: . a. Less than one-half of the land in the area proposed to be mexed (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 mexed 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. 5. The property proposed to be mexed was not divided into separate parts or parcels from any other tract or parcel of real estate without the written consent of the landowners thereof to establish the boundaries of the property described in the mexation petition. (One hundred percent of the owners of the proposed area to be mexed have consented to the mexation.) e 6. The owners of the property proposed to be mexed have consented in writing to the mexation. Accordingly, the limitation set forth at Section 31-12-105(b) is not applicable. 2 e . . 7. There is no other amlexation 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 amlexed. Accordingly, the limitation set forth at Section 31-12-105(c) is not applicable. 8. Am1exation of the property proposed to be amlexed 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. 9. Am1exation of the property proposed to be amlexed 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 lniles in anyone year is not applicable. 10. The amlexation of the property proposed to be amle:>(ed would be consistent with the "Am1exation 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 amlexed has been met. 11. In establishing the boundaries of the area to be amlexed, no portion of a platted street or alley is proposed to be amlexed or the entire width of the alley or street is proposed to be amlexed. Accordingly, the limitation set forth at Section 31-12-105(f) has been met. 12. 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 amlexation. Accordingly, the limitation set forth at Section 31- 12-105(f) has been met. 13. An election is not required under Section 31-12-107(2) in that one hundred percent (100%) of the owners of the area proposed to be amlexed have consented to the amlexation. (Ref. 31-12-107(1)(g); 31-12-110(1)(a)(Il), C.RS.). 14. No additional terms and conditions are to be imposed upon the amlexation. (Ref. 31-12-110(B),C.RS.). 3 e . . /3'H..-- INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the _ _dHyO';J~1997 ~B!!~ 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. /~~~t07.{ Ka n S. Koch, City Cl~k Still2..rcs 4