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HomeMy WebLinkAboutPublic Notice AffidavitAFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 31-12-108 OF THE COLORADO REVISED STATUTES AND THE PROVISIONS OF CITY OF ASPEN COUNCIL RESOLUTION #014, SERIES OF 2022. ADDRESS OF PROPERTY: Aspen Mini-Storage,105 Woodward Ln. (AABC in unincorporated Pitkin County), Aspen, CO SCHEDULED PUBLIC HEARING DATE: March 8, 2022 STATE OF COLORADO ) ) ss. County of Pitldn ) 11 O�B4efa3WNt f N S. AojPeM KJ (name, please print) being an employee of the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 31-12-108 of the Colorado Revised Statutes in the following manner: 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 Mountain College, the Aspen Historic Park and Rec. District, and the Pitkin County Library District, a copy of the aforesaid resolution and petition. -:� . arin The foregoing "Affidavit of Notice" was acknowledged before me this 8 day of M�+V' , 20�gq> by l i Dian ?n� Ct I n c WITNESS MY HAND AND OFFICIAL SEAL UU.IAN ROSS CULVER d ST TEOFCOLOOUC� My co fission expires: �� } NOTARY 10 20IM7862 MY COMMISSION EXPIRES OCTOBER $ 2023 Notary Pu lic ATTACHMENTS AS APPLICABLE: Affidavit from Aspen Times of the publication of Notice for four consecutive weeks • Photos of Certified Mailing • Contents of Mailing Ad #: 3zd0EDLyyF3N9Cv8CZP9 Customer: Lilly Culver Annexation Petition Ben Anderson PROOF OF PUBLICATION ASPEN TIMES STATE OF COLORADO } SS COUNTY OF PITKIN } I, Allison Pattillo, do solemnly swear that I am Publisher of , says: The Aspen Times, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of - Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 10 Feb 2022, 17 Feb 2022, 24 Feb 2022. 3 Mar 2022 in the issue of said newspaper. Total cost for publication: $312.27 That said newspaper was regularly, issued and circulated on those dates. Publisher Subscribed to and sworn to me this date, 03/03/2022 �ke0-0-- Notary Public, Pitkin County, Colorado My commission expires: August 19, 2024 LoeAWC.W NOTARY PUBLIC See Proof on Next Page Annexation Petition - Ben Anderson Page 1 of 2 Expected print dimensions of advertisement: Newspaper page size: Width: 10.00 in., Height: 14.00 in. Width: 3.96 in., Height: 5.76 in. Publisher may wrap or break notice between pages. PUBLIC NOTICE RE: ANNEXATION PETITION AND MAP CONFORMANCE MITH COLORADO REVISED STATUTES NOTICE IS HEREBY GIVEN fled a public hearing will be held on Tuesday, March 8, 2022, at a meeting to begin at 5 pmbefore; the Aspen City Council to consider an Annexation Petition and Map for conformance with requirements of Colorado Revised Slalutes (C.R.S). An approval al this hearing will or approve the atmcaution or any other action beyond confirming compliance with these C.R.S. requirements. Annexation and Zoning of the property will be reviewedand approved by Ordinance at a ruturepubliclrewhag(April 12). Theproperty proposed forannexalion is the Aspen Mini -Storage property in the Aspen Airport Business Center (AABC); Parcel IDB 273503102003, Address: 105 MBC, Legally Described as Lot 3 of the Communications Center Subdivision, according to the Plat dherwfrccorded in Plat Book 21 at Page 34. The meeting will be held At City Council Chambers, 427 Rio Grande Place, Aspen, CO 81611. Due to continuing COVID-19 protocols, the meeting may also be held virtually, and or in a hybrid gannet. Please visit -Arondas for details on how to participate. For further information, contact Ben Anderson al the City of Aspen Community Develolnnem Depamnenl. 130 S. Galena St., Aspen, CO, (970) 429-2765; ben a sderson0citvofasow corn Resolution 4014, Series of 2022 (provided below) was approved on January 25, 2022. The Resolution includes the Petition roar Annexation, a dm8 annexation map, and sets The date for the March 8,2022, public hearing. Publication ofthis resolution is required by CR.S. orreiaomrmnrana.. Iwp w �adwpgMnb.av<6 Published in the Aspen Times on February 10, 17, 24 and March 3 of2022. City ofAspen Account Annexation Petition - Ben Anderson - Page 2 of 2 CITY OFASPEN February 8, 2022 Hello, You are receiving this notice perthe requirements of Colorado Revised Statutes (C.R.S.) 31-12- 108 providing notice of a consideration of a Petition for Annexation by Aspen City Council. The annexation petition is related specifically to the Aspen Mini -Storage property in the Aspen Airport Business Center. This is a property owned by the City of Aspen and is intended for the eventual inclusion in the Lumberyard affordable housing project. The annexation petition and draft annexation map will be reviewed in a public hearing on March 8, 2022. The outcomes of Council action on March 8" will confirm that the annexation re in conformance with the requirements of C.R.S. 8t' does not approve the annexation or the initial zoning of the property. The fictions will be considered within Ordinances that are scheduled for Second iearings) on April 12, 2022. n that setthe hearing for March 81h, the annexation petition, feel free to reach out. 427 Rio Grande Place Aspen,Ce81611 IPhone:970-920-50001 aspen.gov 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 1 of 4 o'clock p.m. on the 8't' 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 ofthe City ofAspen 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 25" of January, 2022. Approved as to form: Approved as to content: James R. True, City Attorney Attest: Segc N—p%kty U e r k Nicole I nfi g ity Clerk T Mayor Torre Aspen Mini Storage Annexation Petition Resolution No. 014, Series of 2022 Page 2 of 4 EXHIBIT A — Petition to Annex 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, I/we have executed this Petition for Annexation this 23 day of November, 2021 Petitioner's/Owner's Signature Sara Ott, City Manager Pefifioner's/Owner's Printed Name 427 Rio Grande Place Aspen, CO 81611 City, State, Zip Aspen Mini Storage Annexation Petition Resolution No. 014, Series of 2022 Page 3 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. Aspen Mini Storage Annexation Petition Resolution No. 014, Series of 2022 Page 4 of 4