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HomeMy WebLinkAboutordinance.council.002-2022IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII RECEPTION#: 687521, R: $28.00, D: $0.00 DOC CODE: ORDINANCE Pg 1 of 4, 05/12/2022 at 11:00:09 AM Ingrid K. Grueter, Pitkin County, CO ORDINANCE NO. 02 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 WOODWARD LANE, 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: 2735-031-02-003 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 29, 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 #07, Series of 2022, by a five to zero (5-0) vote, recommending approval of the annexation; and, WHEREAS, the City Council has reviewed the 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 1 of 4 Ordinance 02, Series of 2022 Aspen Mini -Storage Annexation NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Annexation 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: City Clerk 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: Engineering 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: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before City Council are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: Severability 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 Me validity of the remaining portions thereof. Section 6: Existing Litigation 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. Page 2 of 4 Ordinance 02, Series of 2022 Aspen Mini -Storage Annexation 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. ATTEST: Nicole Henning, City Cl rk Torre, Mayor FINALLY, adopted, passed, and approved by a five to zero (5 - 0) vote on this 12t' day of April 2022. Approved as to form: ,Ufnes R. True, City Attorney Attest: C�1� xaQ,( - s Nicole Henning, City Clerk EXHIBIT A — Annexation Plat Approved as to content: 7NZC__'1_ Torre, Mayor Page 3 of 4 Ordinance 02, Series of 2022 Aspen Mini -Storage Annexation 0 zi 1115 ;. 112' � NO ,A � 31 a uq, I I ol