HomeMy WebLinkAboutresolution.council.055-00 RESOLUTION NO. ~
(Series Of 2000)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO. RELATIVE TO THE
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMON-
LY KNOWN AS THE "SANDUNES L.P. ANNEXATION"; FINDING SUBSTANTIAL
COMPLIANCE WITH SECTION 31-12-107(i), 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.R.S.; 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 April 24, 2000, one hundred percent of the owners of certain property
situate adjacent m the boundaries of the City of Aspen 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 said Petition for Annexation, is being petitioned for annexation to the City of Aspen:
and
WHEREAS, Section 31-12-104, C.R.S., allows contiguity m be established by the
annexation of one or more parcels in a series, which annexations may be completed
simultaneously and considered together for purposes of requisite public hearings, and the
annexation impact report required by Section 31-12-108.5, C.R.S.; and
WHEREAS, the City Clerk of the City of Aspen has refer-red the aforesaid petition as a
communication m the City Council for appropriate action to determine if the petition is
substantially in compliance with Section 31-12-107, C,R.S.; and
WHEREAS, the petition, including accompanying copies of ten annexation maps, have
been reviewed by the City Attorney's Office and the City Engineer and found by them m contain
the information prescribed and set forth in paragraphg (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.R.S., mandates that the City of Aspen initiate
annexation proceedings in accordance with Sections 31-12-108 to 31-12-110. C.R.S., whenever
a petition is filed pursuant to subsection (1) of Section 31-12-107, C.R.S.
NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL O1~ THE CITY
OF ASPEN, COLORADO:
Section 1
That the Petition for Annexation of territory to the City of Aspen is hereby found and
determined ;o 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 ;o 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 12th day of June. 2000, in Council Chambers at City
Hail, 130 S. Galena, Aspen, Colorado 81611. (A date which is not less than thirty days or 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 m be annexed. The first publication of
such notice shall be at least thirty days prior m the date of the hear'rog. The proof of publication
of the resolution shall 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 District 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 m
initiate appropriate zoning procedures with regard to the territory proposed to be annexed, and to
prepare and thereafter submit an annexation impact report in accordance with Section 31-12-
108.5, C.R.S., to the Pitkin County Board of County Commissioners at least twenty five (25)
days prior to the date established for a public hearing.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the
3
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.
Kathryn S. I~ch, City Clerk ~
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Memorandum
TO: Mayor and Members of Council
FROM: John P. Worcester
DATE: May 8, 2000
RE: Resolution to Initiate Annexation Proceedings for Sandunes L.P.
Attached for your consideration is a resolution that, if adopted, would initiate annexation
proceedings for the Sandunes property. The owners of the property filed an annexation petition
with the City Clerk on April 12. 2000.
This property is located partially in the County and partially in the City at the base of Shadow
Mountain. The owner plans to develop the property by doing a lot split. The County has
previously granted the owner a lot split, but since pan of the property was in the City, the City
does not recognize the lot split as it affects the property in the City. Staff suggested to the owner
that an annexation of the County property into the City would be the easiest way to obtain land
use approval for the entire parcel. Moreover, the property is certainly within the urban growth
boundary and should be reviewed under the City's land use code.
This office and the Engineering Deparmaent have determined that the petition complies with the
technical requirements for a petition pursuant to state annexation laws. According to state law.
the next step in the annexation process is for Council to set a date for a hearing, no less than 30
days nor more than 60 days after the effective date 'of the attached resolution setting the date for
the public hearing, to determine if the annexation complies with Sections 31-12-104 and 31-12-
105, C.R.S.
Section 31-12-104 of the Colorado Revised Statutes requires:
(a) That nor less than one-sixth of the perimeter of the area to be annexed is
contiguous with the annexing municipality ....
and
Co) That a community of interest exists between the area proposed to be annexed and
the annexing municipality; 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 annexing municipality...
Section 31-12-105. C.R.S. sets forth certain limitations upon annexations. None of the
limitations in the statute appear ro prevent this annexation 0imitations on dividing land held in
identical ownership, commencement of annexation proceedings for annexation m other
municipalities, detachment of area from a school district, prohibition against extending city limits
beyond three miles in a single year. adoption of a plan for the area m be annexed, and
requirement that entire widths of streets be made a parr of the annexed area). Nevertheless, a
hearing must be held so Council can make those specific findings.
Before these parcels can be annexed into the City the following steps must take place:
(a) A hearing before Council m determine compliance with Sections 31-12-104 and
31-12q05. C.R.S. as described above.
(b) Land Use approvals needed to authorize an AH project, including rezoning needs
to be established through P&Z which will then make a recommendation to
Council. (The Ordinance establishing the zoning can be acted on at the same time
the annexation ordinance is adopted.)
Adoption of the attached resolutions will cause staff to continue working on the above described
steps. Once the steps are completed, two ordinances will be presented to Council to formally
annex the area into the City,
REQUESTED ACTION: A motion to adopt Resolution No. ~ Series of 2000.
JPW-05 02/2000-G: john\word\memo$\sandunes-annl.doc