HomeMy WebLinkAboutcoa.lu.an.S 7th&Hopkins Ave.A052-03
CASE NUMBER
PARCEL In #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A052-03
South Seventh & Hopkins Annexation Petition
South Seveth & Hopkins
Joyce Allgaier
Annexation Petition
SOCC
1/06/06
JOYCE ALLGAIER
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MEMORANDUM
TO:
~hn Worcester, City Attorney ,
./.rulie Ann Woods, Community Development Director
Nick Adeh, City Engineer
Cindy Houben, Pitkin County Community Development
FROM:
Kathryn Koch
DATE:
August 19,2003
RE:
Annexation Petition - South Seventh & Hopkins
Attached is BOCC Resolution #19,2003, the petition for annexation, and the plat
map, Please let me know when this is ready for Council consideration,
Attachments
A RESOLUTION OF APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORlZING THE CHAIRMAN TO SIGN
A PETITION OF .<\.NNEXATION OF THE RlGHT OF WAY OF PORTIONS OF SOUTH
SEVENTH STREET AND WEST HOPKINS A VENUE TO THE CITY OF ASPEN.
COLORADO
Ilcsululillu # 1.1.- Z003
ItECITALS
l. The aforementioned County rights of way, arc immediately adjacent to the City of Aspen and
the remainder of both roads are within the City of Aspen Corporate boundary;
2. The City and the County have informal agreements for the maintenance of these roads for the
past few years;
3, Having the entirety of the roads within the City of Aspen would eliminate jurisdictional
issues related to parking control and euforcement.
4, Permitting for road cuts and other work within the right of way would be simplified for the
public and could be handled more efficiently.
NOW, THERE FORE, BE IT RESOLVED by the Board of County Commissioners, of Pitkin
County, Colorado that it hereby authorizes the Chair of the Board of County Commissioners to
sign the Annexation Petition and transmittal letter for the City of Aspen's consideration of the
Annexation of portions of South Seventh Street and West~kins Avenue.
APPROVED ,<\.ND ADOPTED THIS dDA Y OF ~003,
Boar~ of County Commissioners
of p' 'n County, Colorado
Dale:
APPROVED AS TO FORM:
---------------
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By:
.Iullll Ell'
Coullly ^1l11rlll'~'
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Appruved tlb 10 Conlent:
IW.~,C'.,,!:
. -ffW Ey tar
County Engineer
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Ms, Kathryn Koch
Aspen City Clerk, 130 S. Galena St,
Aspen, CO 81611
Date: February 12,2003
Dear Kathryn:
Submitted herewith on behalf of the Board of County Commissioners of Pitkin County is
a Petition for Annexation of portions of South Seventy Street and W. Hopkins A venue to
the City of Aspen. Please refer the petition and the accompanying documents to the City
Council for their consideration,
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PETITION FOR ANNEXATION OF TERRlTORY TO THE CITY OF ASPEN
South Seventh Street
And West Hopkins Avenue
The undersigned Petitioner, being the land owner within the exterior boundary of the
territory hereinafter described, respectfully request the City Council of the City of Aspen to
approve the annexation of the proposed area to be annexed in accordance with the provisions of
C,R,S, 1973 31-8-101, et.Seq" as may have been amended, and in support thereof alleges as
follows:
I, It is necessary and desirable that the territory described in the land description below
(Exhibit l) be annexed to the City of Aspen
2, The requirements of C,R.S. 1973 31 -I 04 and 31-8-105 exist or have been met.
3, The petitioner is the owner of the territory sought to be annexed and therefore is the
owner of more than 50% ofthe territory sought to be annexed, Pitkin county is owner of 1 00% of
the territory being annexed.
LAND DESCRIPTION: See Exhibit I
ATTACHMENTS:
(a) Circulator's Affidavit
(b) Four (4) prints of Annexation Map containing information required by C.R,S,
1973 31-8-107
NAME
MAILING ADDRESS
DATE
Board of County
Commissioners,
Pitkin County
506 E. Main Street
Aspen, CO 81611
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AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO
COUNTY OF PITKIN
The undersigned, being duly sworn, deposes and states as follows:
I. I am over the age of 21 years
2, I am the circulator ofthe foregoing Petition; and,
3, Each signature thereon is the signature ofthe person whose name it purports to
be.
Be lW,E 1M
Subscribed and swor to before me on this I -f ~ of
by --.R -e r\/ W. f' 'f I a..".-
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WITNESS MY HAND AND OFFICIAL SEAL _
My commission expires: ~ - 2.-,-06
O,LY1I1( fer 1"1'),<:::5
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SkVIA DAVIS PITKIN COUNTY CO R 21.00 0 0.00
ORDINANCE NO. ,
(Series of2004)
AN ORDINANCE OF THE CITYGQVNGIL ..OF.lligGITXgRA~:pg~~ C()~():Rt\l)O,
APPROVING THE ANNEXATION OF CERTAINTERRrTORy'tC)'THECITYOF ASPEN,
COLORADO, TO BE KNOWN AND DESIGNATED AS THE "SEVENTH STREET &
HOPKlNS" ANNEXATION. ,... ,..........,..........yy.........,.,.....< . '''.....;- ...... ..' ......... "'''. "1-'
WHEREAS, on August 19, 2003, Jack Hatfield, Chairperson of the Board of County
Commissioners for Pitkin County, on behalf of the Board of Collllty Commissioners of Pitkin
County, the owner of the property proposed to be annexed did file with the City Clerk of the City of
Aspen a Petition for Annexation 9ftemtory to the City of Aspen; and
WHEREAS, the petition, including accompanying copies of an annexation map, has been
reviewed by the City Attorneys Office and the City Engineer and found by them to contain the
information prescribed and set forth in S 31-12-107, C.R S.; and
WHEREAS, the owners of one hundred percent (100%) ofthe area proposed to be annexed,
exclusive of streets and alleys, have consented in writing to the annexation; and
WHEREAS, the City Council, by resolution (Number 89, Series of 2003) at its regular
meeting on September 22, 2003, did find and determine said Petition for Annexation to .bein
substantial compliance with the provisions of S31-12-107, C.RS.; and
WHEREAS, the City Council, by resolution (Number 99, Series of 2003) at its regular
meeting on October 27,2003, did find and determine, following a public hearing, said Petition for
Annexation to be in substantial compliance with SS 31-12-104 and31-12-105, C.RS.; and
WHEREAS, the City Council does hereby findap.d determine that approval of the
annexation of said territory to be in the City's best interest;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
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SILVIA DAVIS PITKIN COUNTY CO R 21.00 D 0.00
Section I.
That the tract of land described in the Petition for Annexation,
commonly referred to as the "Seventh Street & Hopkins" annexation, and as shown on the
annexation map, is hereby annexed to the City of Aspen, Colorado.
Section 2.
The City Clerk of the City of Aspen is hereby directed as follows:
(a) To file one copy of the annexation map with the original of this annexation
ordinance in the office of the City Clerk of the City of Aspen.
(b) To certify and file two copies of this annexation ordinance and of the annexation
map with the Clerk and Recorder of the County of Pitkin, State of Colorado.
(c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this
annexation ordinance and of the annexation map with the Division of Local Government of the
Department of Local Affairs, State of Colorado.
Section 3.
The City Engineer of the City of Aspen is hereby directed to amend
the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this
annexation ordinance.
Section 4.
That if any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 5.
That this ordinance shall not have any effect on existing litigation
and shall not operate as an abatement of any action or proceeding now pending under or by virtue
of the ordinances amended as herein provided, and the same shall be construed and concluded
under such prior ordinances.
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SILVIA DAVIS PITKIN COUNTY CO R /]; ~
, A public hearing on the ordinance shall be held on th~day of
City Council Chambers, Aspen City Hall, .ASpen, Colorado.
INTRODUCED,. READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the ~ day orr7 2004,
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FINALLY adopted, passed and approved this .;;?~ day of '
~Lftft h1f
,2004.
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RESOLUTION NO. ~
(Series of2003)
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 "SEVENTH STREET/HOPKINS AVENUE CORRIDOR ANNEXATION";
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.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 August 19, 2003, the Pitkin County Commissioners constituting one
hundred percent of the owners of certain property situate adjacent to 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, 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
. substantially in compliance with Section 31-12-107, C.RS.; 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 to contain the
information prescribed and set forth in paragraphs (c) and (d) of subsection (1) of Section 31-12-
107, C.RS.; 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.RS.
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-
."f \0
107, C.RS.
Section 2
That the City Councilllereby 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.RS., 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 meetiIlg of the City Council of the City of
Aspen at 5:00 o'clock p.m. on the 27th day of October, 2003, in Council Chambers at City Hall,
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.RS., and is considered eligible for
2
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
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 to 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
J
A~ day of ~003.
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-09/1S/2003-G:\john\word\resos\7th&hopkins.doc
3
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN
South Seventh Street
, And West Hopkins Avenue
The undersigned Petitioner, being the land owner within the exterior boundary of the
territory hereinafter described, respectfully request the City Council of the City of Aspen to
approve the annexation of the proposed area to be annexed in accordance with the provisions of
C.R.S..1973 31-8-101, et.Seq., as may have been amended, and in support thereof alleges as
follows:
1. It is necessary and desirable that the territory described in the land description below
(Exhibit 1) be annexed to the City of Aspen
2. The requirements ofC.R.S. 197331-104 and 31-8-105 exist or have been met.
3. The petitioner is the owner of the territory sought to be annexed and therefore is the
owner of more than 50% of the territory sought to be annexed. Pitkin county is owner of 100% of
the territory being annexed '
LAND DESCRIPTION: See Exhibit 1
ATTACHMENTS:
(a) Circulator's Affidavit 0
(b) Four (4) prints of Annexation Map containing information required by C.R.S.
197331-8-107
NAME
MAILING ADDRESS
DATE
Board of County
Commissioners,
Pitkin County
506 E. Main Street
Aspen, CO 81611
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AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO
COUNTY OF PITKIN
The undersigned, being duly sworn, deposes and states as follows:
1. I am over the age of 21 years
2. I am the circulator of the foregoing Petition; and,
J. Each signature thereon is the signature of the person whose name it purports to
be.
Be IW.E ~
Subscribed andswor to before me on this j -f ~y of
by -Be ry W. E' '-( I a.r-
WITNESS MY HAND AND OFFICIAL SEAL _
My commission expires: -----1- 2, -Ob
OJ.nf1tter T'D(c;0
September 25,2003
Pitkin County Commissioners
530 East Main Street
Aspen,.CO 81611
Gentlemen
THE CITY OF ASPEN
The Ciry of Aspen Council has scheduled a public hearing Monday, .October 27, 2003
at 5,:00 p.m. in the City Council Chambers, on the proposed annexation of Seventh & Hopkins
Streets '
The purpose of the .hearing is to determine and make a ~nding whether the area
proposed for annexation is eligible for annexation. Please call the City Clerk's office at 920-
5060 if you have any questions.
Enclosure
Resolution #89,2003
Petition for Annexation
By certified mail
Sincerely
Kathryn S.
City Clerk
f ,
130 SoUTH-GALENA STREET' ASPEN, COLORADO 81611-1975 0 PHONE 970.920.5000. FAX 970.920.5197
www.aspengov.com
Printed on Recycled Paper
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MEMORANDUM
TO:
John Worcester, City Attorney
Julie Ann Woods, Community Development Director
Nick Adeh, City Engineer
Cindy Houben, Pitkin County Community Development
FROM:
Kathryn Koch
DATE:
August 19, 2003
RE:
Annexation Petition - South Seventh & Hopkins
Attached is BOCC Resolution #19,2003, the petition for annexation, and the plat
map. Please let me know when this is ready for Council consideration.
Attachments
Ms. Kathryn Koch
Aspen City Clerk, 130 S. Galena St.
Aspen, CO 81611
Date: February 12, 2003
Dear Kathryn:
Submitted herewith on behalf of the Board of County Commissioners of Pitkin County is
a Petition for Annexation of portions of South Seventy Street and W. Hopkins Avenue to
the City of Aspen. Please refer the petition and the accompanying documents to the City
Council for their consideration.
A RESOLUTION OF APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHOIUZING THE CHAlRMAN TO SIGN
A PETITION OF ANNEXAUo.N Ol!'l'lIEIUGHl'QfWAX QF ~QRJ]ONS QF SOUTH
SEVENTH STREET AND WEST HOPKINS AVENUE TO THE CITY OF ASPEN,
COLORADO
Resolution # 11.- 2003
RECITALS
L The aforementioned County rights of way, are immediately adjaccllt to the City of Aspen and
the remainder of both roads are within the City of Aspen Corporatc boundary;
2. The City and the County have informal agreements fonhc maintenance of these roads for the
past few years;
3. Having the entirety of the roads within the City of Aspen would eliminate jurisdictional
issues related to parking control and enforcement.
4. Permitting for road cuts and other work within the right of way would be simplified for the
public and could be handled more efficiently.
NOW, THERE FORE, BE IT RESOLVED, by the Board of County Commissioners, of Pitkin
County, Colorado that it hereby authorizes the Chair of the Board of County Commissioners to
sign the Annexation Petition and transmittal letter for the City of Aspen's consideration of the
Annexation of portions of South Seventh Street and West,tzkins Avenue.
APPROVED AND ADOPTEn THIS tt'DA Y OF ~03.
Boar~ of County Commissioners
of P' on County, Colorado
Date:
APPROVED AS TO FORM:
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COllllly Atlorney
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