Loading...
HomeMy WebLinkAboutDraft Resolution_1.25.22 Aspen Mini Storage Annexation Petition Resolution No. 014, Series of 2022 Page 1 of 4 RESOLUTION NO. 014 (SERIES OF 2022) 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 ASPEN MINI STORAGE, LEGALLY DESCRIBED AS LOT 3, COMMUNICATION CENTER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 3, 1988, IN PLAT BOOK 21 AT PAGE 34; 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 SAID NOTICE OF SAID HEARING; AND AUTHORIZING THE INSTITUITION OF ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED. 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 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.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 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 PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: 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 of the proposed annexation complies with Section 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 City Council of the City of Aspen at 5:00 Aspen Mini Storage Annexation Petition Resolution No. 014, Series of 2022 Page 2 of 4 o’clock p.m. on the 8th day of March, 2022, in Council Chambers at City Hall, 427 Rio Grande Place, Aspen, Colorado 8161, or held virtually in response the public health concerns related to COVID-19, as published in the notice and the meeting agenda. (A date which is not less than 30 days nor more than 60 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 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 will 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 30 days prior to the date of the hearing. The proof of publication shall be returned when the publication is completed, and an affidavit confirming the publication shall become part of the land use case file and shall be proof thereof of the publication. A copy of the resolution and petition as filed shall be sent by registered mail by the clerk to the Pitkin County Board of County Commissioners and to the County Attorney of Pitkin County, to the Aspen School District and any other special districts that the property is subject to, 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 City of Aspen on the 25th of January, 2022. Approved as to form: Approved as to content: _________________________ ______________________________ James R. True, City Attorney Mayor Torre Attest: _______________________________ Nicole Henning, City Clerk Aspen Mini Storage Annexation Petition Resolution No. 014, Series of 2022 Page 3 of 4 EXHIBIT A – Petition to Annex Aspen Mini Storage Annexation Petition Resolution No. 014, Series of 2022 Page 4 of 4 Exhibit B – Legal Description and Draft Annexation Plat Legal Description: LOT 3, COMMUNICATIONS CENTER SUBDIVISION, according to the Plat thereof recorded October 3, 1988 in Plat Book 21 at Page 34.