The URL can be used to link to this page

Home My WebLink Aboutresolution.council.067-99 0. J RESOLUTION NO. ~ (Series of 1999) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY KNOWN AS THE "SANDUNES L.P."; FINDING SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), C.R.S.; ESTABLISHING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING TO DETERMINE COMPLIANCE WITH SECTIONS 31-12-104 AND 31- 12-105, C.RS.; AUTHORIZING PUBLICATION OF NOTICE OF SAID HEARING; AND AUTHORIZING THE INSTITUTION OF ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED. WHEREAS, on July 20, 1999, the owner 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, whereby real property described in Exhibit "A" appended to the Petition for Annexation, is being petitioned for annexation to the City of Aspen; and ~ WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid petition as a -'~ communication to the City Council for appropriate action to determine if the petition is r\ substantially in compliance with Section 31-12-107, C.R.S.; and WHEREAS, the petition, including accompanying copies of an annexation map, has been reviewed by the City Attorney's Office and the City Engineer and found by them to contain the information prescribed and set forth in paragraphs (c) and (d) of subsection (1) of Section 31-12- 107, C.R.S.; and WHEREAS, one hundred percent (100%) of the owners of the affected property have consented to annexation of their property to the City of Aspen; and WHEREAS, Section 31-12-107(1)(g), C.RS., mandates that the City of Aspen initiate annexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.RS., whenever a petition is filed pursuant to subsection (1) of Section 31-12-107, C.R.S. I \ .~\ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil. OF THE CITY OF ASPEN, COLORADO: Section 1 That the Petition for Annexation of territory to the City of Aspen is hereby found and determined to be in substantial compliance with the provisions of subsection (1) of Section 31-12- 107, C.R.S. Section 2 That the City Council hereby determines that it shall hold a public hearing to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and to establish whether or not said area is eligible for annexation pursuant to the Municipal Annexation Act of 1965, as amended; said hearing to be held at a regular meeting of the City Council of the City of Aspen at 5:00 o'clock p.m. on the 13th day of September, 1999, in Council Chambers at City Hall, 130 S. Galena, Aspen, Colorado 81611. (A date which is not less than thirty days nor more than sixty days after the effective date of this resolution). ~, ~ /"'"'. Section 3 That the City Clerk shall give public notice as follows: A copy of this resolution shall constitute notice that, on the given date and at the given time and place set by the City Council, the City Council shall hold a hearing upon said resolution of the City of Aspen for the purpose of determining and finding whether the area proposed to be annexed meets the applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for annexation. Said notice shall be published once a week for four consecutive weeks in a newspaper of general circulation in the area proposed to be annexed. The first publication of such notice shall be at least thirty days prior to the date of the hearing. The proof of publication of the resolution shall 2 ~" ~. ",.... r be returned when the publication is completed, and the certificate of the owner, editor, or manager of the newspaper in which said notice is published shall be proof thereof. A copy of the resolution and petition as filed, shall also be sent by registered mail by the clerk to the Pitkin County Board of County Commissioners and to the County Attorney of Pitkin County and to the Aspen School Disttict,at least twenty days prior to the date fixed for such hearing. Section 4 That pursuant to Section 31-12-115, C.R.S., the City Manager is hereby directed to initiate appropriate zoning procedures with regard to the territory proposed to be annexed. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the q daYOC~1999. "'" , '\ !, 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. yj/!e;fLL JPW-08/0S/99-G:\john\word\resos\sandunes-ann-resl.doc 3 r-\ i PETITION OF ANNEXATION To: The City Clerk and the City Council of the City of Aspen, Colorado PURSUANT to the Municipal Annexation Act of 1965 ("Act"), Part 1, Article 12, Title 31, Colorado Revised Statutes, 1973, as amended, the undersigned hereby petitions and requests the City Council of the City of Aspen, Colorado, to approve and complete the annexation to the City of Aspen of certain unincorporated territory located in the County of Pitkin, State of Colorado, more particularly described on "Exhibit A" attached hereto and made a part hereof by reference. IN SUPPORT OF THIS PETITION, the petitioner alleges as follows: 1. It is desirable and necessary that the above described area be annexed to the City of Aspen, Colorado. 2. No less than one-sixth (l/6th) of the perimeter of the area proposed to be annexed is contiguous with the City of Aspen, Colorado. f" 3 . A community of interest exists between the area proposed to be annexed and the City of Aspen, Colorado. 4. The area proposed to be annexed is urban, or will be urbanized in the near future. 5. The area proposed to be annexed is integrated with or is capable of being integrated with the City of Aspen, Colorado. 6. In establishing the boundaries of the territory to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels. 7. All requirements of the Municipal Annexation Act of 1965, Sections 31-12-104 and 31-122-105, exist or have been met. 8. No annexation proceeding has been commenced for the annexation to a municipality other than the City of Aspen, Colorado, of all or part of the area described above. 9 . The annexation proposed in this petition will not result in the detachment of area from any school district and the attachment of the same area to another school district. r r\ \~, - r 10. The petitioner herein is the sole landowner of the entire territory included in the area to be annexed. petitioner, sole landowner of the property to be annexed, has approved the annexation and having met all of the requirements under the Municipal Annexation Act, requests that the City of Aspen approve the annexation of the proposed area. Dated: By: usan Horsey 330 West Gillespie Aspen, CO 81611 2096\4horsey.annexation.petition July 19, 1999 (1:47PM) r r-" - /"", , Susan Horsey 330 West Gillespie Aspen, CO 81611 Aspen/Pitkin Planning Office Ci ty Hall 130 South Galena, Third Floor Aspen, Colorado 81611 Re: Authorization for Representation Ladies and Gentlemen: This letter will constitute the authorization for B. Joseph Krabacher and Jennifer M. Causing of Krabacher Law Offices, P.C., 201 North Mill, Suite 201, Aspen, Colorado, 81611, (970) 925-6300, to represent Susan Horsey with respect to a Petition for Annexation, Re-zoning, and a Subdivision Exemption Lot Split and all matters related thereto. DatedY7 ~ /~f/ bishop\4horsey.authorization Very Truly Yours,