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Home My WebLink Aboutresolution.council.063-00 P~-SOLUTIONNO. ~ ~ (Series of 2000) 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 WlTZ PROPERTY. WHEREAS, on March 28, 2000, the City Manager of the City of Aspen, on behalf of the owners of the property proposed to be annexed, 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; and WHEREAS, on April i0, 2000, the City Council did adopt Resolution No. 44, Series of 2000, finding substantial compliance with Section 31-12-107(1), C.R.S.; establishing May 22, 2000, 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, a public hearing was held on May 22, 2000; and WHEREAS, the City Council desires to adopt its findings 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 lpublic hearing, the City Council of the City of Aspen makes the following findings and determinations in accordance with the Colorado Municipal Annexation Act, as mended: 1. The City Clerk, in accordance with Resolution No. 44, Series of 2000, did give public notice pursuant to Section 31-12-108, C.R.S., 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 Pitldn 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 Pitlcin 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 behag integrated with the City of Aspen. The basis of compliance with the foregoing is the fmding 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 period 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 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 the 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 m 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 31-12-105Co) 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 annexed. 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 mun/cipal 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 annexed 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(0 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 12-I05(f) has been met. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the _2~ day of ~ a.,, .2000. / I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is aume 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. Koch, City Clerk JPW-05/15 2000-G:\3ohn\word\re$os\witz-res2.doc ANNEXATION PARCEL CITY OF ASPEN VICINITY MAP AREA OF ANNEXATION. ANNEXATION PERIMETER 1245.21 FEET CONTIGUOUS PERIMETER 422.05 FEET PERCENTAGE OF CONTIGUITY :55.89% AREA IN SQUARE FEET 78,414,2-* AREA IN ACRES 1.800- Memorandum l TO: Mayor and Members of Council FROM: John P. Worcester DATE: September 13, 1999 RE: Witz Annexation ~ Resolution Finding Compliance with Sections 31-12-104 & 31-12-105, C.R.S. This matter is on Council's agenda for a public hear'rog to determine compliance with certain provisions of the Municipal Annexation Act of 1965 as part of the statutory required process for annexing unincorporated property into the City. If Council determines at the public hear'rog that compliance with these provisions exists, then an ordinance to annex will be prepared for Council's consideration at a later date. As with all ordinances, a public hearing will be scheduled as part of second reading of the annexation ordinance. The appropriate time for interested citizens to offer comments on issues, other than compliance with the Municipal Annexation Act, regarding the annexation of the parcel to the City would be during the second reading of the annexation ordinance. The public hear'mg scheduled for the 22nd can, therefore, be limited to the sole issue of compliance with the relevant provisions of the Municipal Annexation Act. At Council's regular meeting on April 10, 2000, Resolution No. 44, Series of 2000, was adopted. That resolution found substantial compliance with Section 31-12-!07(1), C.R.S. (the technical requirements for a petition for annexation); established May 22, 2000, as the date for a public hearing to determine compliance with Sections 31-12-100 and 31-12-105., C.R.S,, (described below); and author'm~:t the institution of zoning procedures for land in the area proposed to be annexed. Section 31-12-104, C.R.S., sets forth the basic eligibility requkements for annexation of a parcel of land into a municipality: (1) that the area proposed to be annexed is at least 1/6 contiguous with the boundaries of the municipality, and (2) that there is a community of interest between the area proposed to be annexed and the annexing municipality. Section 31-12-105, C.R.S. imposes a set of limitations on every annexation. It is these limitations that Council must also consider at the public hearing scheduled for the 14th. I have also attached a copy of a proposed resolution that you may adopt as Council's written findings and determinations following the public he~'mg. The proposed resolution summarizes the factual findings necessary to comply with Section 31-12-104 and the limitations of Section 31-12- 105 in the form of factual statements that will need to be established at the public hearing. cc: Steve Barwick, City Manager Julie Woods, Community Development Director Nick Adeh, City Engineer Kathryn Koch, City Clerk JPW-OS/15/2OOO-G:,3ohn\word,memos\witz-res2.doc