HomeMy WebLinkAboutannexation ordinance_draftPage 1 of 3
Ordinance XX, Series of 2022
Aspen Mini-Storage Annexation
ORDINANCE NO. XX
SERIES OF 2022
AN ORDINANCE OF THE CITY COUNCIL OF CITY OF ASPEN, COLORADO
APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF
ASPEN, COLORADO, COMMONLY KNOWN AS THE ASPEN MINI-STORAGE
PROPERTY, 105 AABC, ASPEN, COLORADO, 81611 AND LEGALLY DESCRIBED AS:
LOT 3, COMMUNICATIONS SUBDIVISION, ACCORDING TO THE PLAT THEREOF
RECORDED OCTOBER 3, 1988, IN PLAT BOOK 21 AT PAGE 34.
PARCEL ID: 273503102003
WHEREAS, on November 23, 2022 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 Annexation of territory to the City of Aspen; 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 §31-12-107, C.R.S.; and
WHEREAS, the City Council, by resolution (Number 14, Series of 2022) at its regular
meeting on January 25, 2022 did find and determine said Petition for Annexation to be in
substantial compliance with the provisions of §31-12-107, C.R.S.; and
WHEREAS, the City Council, by resolution (Number XX, Series of 2022) at its regular
meeting on March 8, 2022, did find and determine, following a public hearing, said Petition for
Annexation to be in substantial compliance with§§ 31-12-104 and 31-12-105, C.R.S.; and
WHEREAS, the Planning and Zoning Commission reviewed and considered the
proposed annexation under the applicable review criteria of the City of Aspen’s adopted
Annexation Plan, has reviewed and considered the recommendation of the Community
Development Director, and has taken and considered public comment; and,
WHEREAS, during a duly noticed public hearing on March 1, 2022, the Planning and
Zoning Commission approved Resolution No. XX, Series of 2022, by a X to X vote,
recommending approval of the annexation; and,
WHEREAS, the City Council has reviewed to proposed annexation through the City of
Aspen’s Adopted Annexation Plan and the related review criteria, and have considered
recommendations from the Planning and Zoning Commission and the Community Development
Director; and
WHEREAS, the City Council does hereby find and determine that approval of the
annexation of said territory to be in the City's best interest;
Page 2 of 3
Ordinance XX, Series of 2022
Aspen Mini-Storage Annexation
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1.
That the tract of land described in the Petition for Annexation, commonly referred to as the "Aspen
Mini-Storage” property, 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 the annexation ordinance in the
office of the City Clerk of the City of Aspen.
b. To certify and file two copies of the 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.
A public hearing on the ordinance shall be held on 12th day April, 2022, in the 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 22nd day of March, 2022.
_________________________________
Torre, Mayor
Page 3 of 3
Ordinance XX, Series of 2022
Aspen Mini-Storage Annexation
ATTEST:
__________________________________
Nicole Henning, City Clerk
FINALLY ADOPTED, PASSED AND APPROVED this 12th day of April, 2022.
___________________________________
Torre, Mayor
APPROVED TO FORM: ___________________________________
James R. True, City Attorney
ATTEST: __________________________________
Nicole Henning, City Clerk
EXHIBIT A – Annexation Map