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ORDINANCE NO. 21
(SERIES OF 2006)
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING THE REZONING OF PROPERTY KNOWN AS THE "LONG
FAMILY PARCEL" LOCATED AT 802 WEST MAIN STREET TO THE MU
(MIXED-USE) ZONE DISTRICT FROM R-15 (MODERATE DENSITY
RESIDENTIAL ZONE DISTRICT) FOR THE LAND DESCRIBED AS LOTS Q, R,
AND S, BLOCK 12 IN THE TOWNSITE AND CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
ParcelID: 273512308005
WHEREAS, the Community Development Department received an application
from Long Family Investments, LLLP, requesting to rezone the Long Family Parcel
located at 802 West Main Street from the R-15 (Moderate-Density Residential) Zone
District to MU (Mixed Use) Zone District; and,
WHEREAS, upon review of the application, the applicable code standards, the
Community Development Department recommended approval of the proposed rezoning;
and,
WHEREAS, the Aspen Planning and Zoning Commission reviewed and considered
the development proposal under the applicable provisions of the Municipal Code at a duly
noticed public hearings on, January 3, 2006, February 7, 2006, February 21,2006, March
21,2006 and March 28,2006, and approved Resolution No. 09, Series of 2006, at a final
hearing on April 18, 2006, by a three to one (3-1) vote, recommending that City Council
rezone the subject property to the MU Zone District; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development or review standards and that the approval of the rezoning is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY
COUNCIL AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Land Use Section 26.310, Amendments
to the Land Use Code and Official Zone District Map, the Planning and Zoning
Commission hereby recommends that City Council rezone the subject property containing
Lots Q, R, and S, Block 12 in the City and Townsite of Aspen, from the R-15 (Moderate-
Density Residential) Zone District to the MU (Mixed Use) Zone District.
Section 2:
All material representations and commitments made by the applicant, whether in public
hearing or documentation presented before the Planning and Zoning Commission or City
Ordinance No. 21, Series of 2006
802 W. Main Street
Page 1
Council, are hereby incorporated in. this approval and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 3:
This ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
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:
A public hearing on the Ordinance was held on the 22nd day of May 2006, at 5:00 in the City
Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same was published in a newspaper of general circulation
within the City of Aspen.
Section 6:
This ordinance shall become effective thirty days (30) following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 8th day of May, 2006.
Attest:
Kathryn S. Koch, City Clerk
Helen Kalin KIanderud, Mayor
FINALLY, adopted, passed and approved this _day of
,2006.
Attest:
Kathryn S. Koch, City Clerk
Helen Kalin KIanderud, Mayor
Approved as to form:
John Worcester, City Attoruey
Ordinance No. 21, Series of2006
802 W. Main Street
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