HomeMy WebLinkAboutresolution.council.029-22RESOLUTION NO.29
(SERIES OF 2022)
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 ASPEN MINI
STORAGE; 105 WOODWARD LANE (AABC), LEGALLY DESCRIBED AS LOT 3,
COMMUNICATIONS CENTER SUBDIVISION, ACCORDING TO THE PLAT
THEREOF RECORDED OCTOBER 3,1988, IN PLAT BOOK 21 AT PAGE 34; COUNTY
OF PITKIN, STATE OF COLORADO.
WHEREAS, on November 23, 2021, the City Manager on behalf of the City of Aspen, the
owner of the property proposed to be annexed, did file with the City Clerk of the City of Aspen a
Petition for the Annexation of territory to the City of Aspen (Exhibit A), whereby real property
described in Exhibit B 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 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.R.S.; and,
WHEREAS, on January 25, 2022 the City Council did adopt Resolution No. 014, Series
of 2022, finding substantial compliance with Section 31-12-107(1), C.R.S.; establishing 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 March 8, 2022; and,
WHEREAS, the City Council desires to adopt its findings and determinations following
said hearing in the form of a resolution, and in five to zero (5-0) vote, approved the resolution.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
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 findings
and determinations in accordance with the Colorado Municipal Annexation Act, as amended:
1. The City Clerk, in accordance with Resolution No. 014, Series of 2022, 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 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, the Aspen
School District, the Aspen Ambulance District, The Aspen Fire Protection District, the
Aspen Consolidated Sanitation District, the Aspen Valley Hospital District, Colorado
Aspen Mini Storage Annexation Petition
Resolution No. 029, Series of 2022
Pagel of 5
Mountain College, the Aspen Historic Park and Rec. District, and the Pitkin County Library
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 being integrated with the City of Aspen. The basis of
compliance with the foregoing is the finding by City Council that the area to be annexed
exceeds the one -sixth contiguity requirement and:
a. None of the owners of the area proposed to be "annexed have expressed an
intention, under oath, to devote over 50% of the land to agricultural use for a
period of not les§ 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 to 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 31-12-105(b) 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 municipal 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.
Aspen Mini Storage Annexation Petition
Resolution No. 029, Series of 2022
Page 2 of 5
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(f) 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 in Section 31-12-105(f) has been met.
INTRODUCED, READ AND ADOPTED by the Aspen City Council of the City of Aspen on
the 8th Day of March 2022
Approved as to form:
es R. True, City Attorney
Attest:
-
Nicole Henning, City C16rk
Approved as to content:
Mayor Torre
EXHIBIT A — Petition to Annex
EXHIBIT B — Legal Description and Draft Annexation Plat
EXHIBIT C — Public Notice Materials
Aspen Mini Storage Annexation Petition
Resolution No. 029, Series of 2022
Page 3 of 5
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN
THE UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petitions the Council
of the City of Aspen, Colorado for the annexation of an area, to be referred to as the Aspen Mini
Storage Annexation to the City of Aspen. Said area, consisting of approximately 129,678 square
feet (2.977 acres), is more particularly described on Attachment "A," attached hereto.
The Petitioners allege:
1. That it is desirable and necessary that such area be annexed to the City of Aspen.
2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or have been met.
3. That not less than one -sixth (116) of the perimeter of the area proposed to be annexed is
contiguous with the boundaries of the City of Aspen.
4. That a community of interest exists between the area proposed to be annexed and the City of
Aspen.
5. That the area to be annexed is urban or will be urbanized in the near future.
6. That the area proposed to be annexed is integrated with or capable of being integrated with the
City of Aspen.
7. That the Petitioners herein comprise 100 % of the landowners in the area to be annexed, as
described in Attachment A.
WHEREFORE, said Petitioners request that the Council of the City of Aspen approve the
annexation of the area described on Attachment "A," legal description of the land.
The Petitioners reserve the right to withdraw this petition and their signatures there from at any
time prior to the commencement of the roll call of the City Council for the vote upon the second
reading of the annexation ordinance.
IN WITNESS WHEREOF, Uwe have executed this Petition for Annexation this 23 day of
November , 20 21
71i - Petitioner's/Owner's Signature
Sara Ott, City Manager Petitioner's/Owner's Printed Name
427 Rio Grande Place Address
Aspen, CO 81611 City, State, Zip
Aspen Mini Storage Annexation Petition
Resolution No. 029, Series of 2022
Page 4 of 5
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ANNEXATION DATA —
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LOT 3 COMMUNICATIONS CENTER SUBDIVISION
ANNEXATION PLAT
SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PM r'
COUNTY OF PITKIN, STATE OF COLORADO
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PROPERTY DESCRIPT10%
CITY OF ASPEN ENWNEER rAPPROVAL r_ry
APPROVAL v—m�.vov.v
CLERK AND RECORDER'SCEITFICA ®..—
SLIMETORT STATDIENT
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN
THE UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petitions the Council
of the City of Aspen, Colorado for the annexation of an area, to be referred to as the Aspen Mini
Storage Annexation to the City of Aspen. Said area, consisting of approximately 129,678 square
feet (2.977 acres), is more particularly described on Attachment "A," attached hereto.
The Petitioners allege:
1. That it is desirable and necessary that such area be annexed to the City of Aspen.
2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or have been met.
3. That not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is
contiguous with the boundaries of the City of Aspen.
4. That a community of interest exists between the area proposed to be annexed and the City of
Aspen.
5. That the area to be annexed is urban or will be urbanized in the near future.
6. That the area proposed to be annexed is integrated with or capable of being integrated with the
City of Aspen.
7. That the Petitioners herein comprise 100% of the landowners in the area to be annexed, as
described in Attachment A.
WHEREFORE, said Petitioners request that the Council of the City of Aspen approve the
annexation of the area described on Attachment "A," legal description of the land.
The Petitioners reserve the right to withdraw this petition and their signatures there from at any
time prior to the commencement of the roll call of the City Council for the vote upon the second
reading of the annexation ordinance.
IN WITNESS WHEREOF, Uwe have executed this Petition for Annexation this 23 day of
November 2021
Petitioner's/Owner's Signature
Sara Ott, City Manager Petitioner's/Owner's Printed Name
427 Rio Grande Place Address
Aspen, CO 81611 City, State, Zip
Aspen Mini Storage Annexation, Initial Zoning, PD 4
LOT 3 COMMUNICATIONS CENTER SUBDIVISION
ANNERATION DATA ANNEXATION PLAT
SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PM
COUNTY OF PITKIN, STATE OF COLORADO
COLORADO
STATE
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