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ordinance.council.028-19 ORDINANCE NO. 28 (SERIES OF 2019) AN ORDINANCE OF THE ASPEN CITY COUNCIL REVOKING ORDINANCE 58, SERIES 1985 AFFECTING THE ZONING OF 227 E. MAIN ST., LOT: F, BLOCK: 74, CITY AND TOWNSITE OF ASPEN COLORADO AND 231 E. MAIN ST., LOTS: G, H, I, BLOCK 74, CITY AND TOWNSITE OF ASPEN COLORADO WHEREAS, the Community Development Department has received an application from Mark Friedland, dba 227 E Main, LLC, 635 E. Hyman Ave., Aspen, CO 81611 and Tom Moore, dba Monarch Building, LLC, 231 E. Main St., Aspen, CO 81611, to revoke Ordinance 58, Series of 1985; and, WHEREAS, Ordinance 58, Series of 1985 provided for the rezoning of 227 and 231 E. Main St., contingent upon a deed restriction being filed by the Moore Family and the approved ordinance being filed by the City of Aspen with the Pitkin County Clerk and Recorder; and, WHEREAS, upon initial review of the application and Ordinance 58, Series of 1985, staff determined that the requirement of Ordinance 58, including the recording of a deed restriction and recording of the approved ordinance were never met; and, WHEREAS, Planning staff and the City Attorney's office determined that, without a recorded deed restriction and ordinance, the rezoning and related requirements approved in Ordinance 58, Series of 1985 are invalid and unenforceable; and, WHEREAS, without the rezoning and related requirements as approved in Ordinance 58, Series of 1985 in place, the existing zoning of the subject properties was and remains Mixed-Use; and, WHEREAS, the presence of Ordinance 58, Series of 1985 in the official record creates a lack of clarity on existing zoning of the subject properties, which the current owners seek to rectify; and, WHEREAS, the City Council further finds that the proposed ordinance is consistent with the policies in the Aspen Area Community Plan and requirements of Title 26 of the City of Aspen Municipal Code; 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 RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: Revocation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen City Council hereby revokes Ordinance 58, Series of 1985 in its entirety. Section 2: The zoning designation of the subject properties was and shall remain Mixed-Use. Section 3: This resolution 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 resolution 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 duly noticed public hearing on this Ordinance was held on the :26th day of November, 2019 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of the City of Aspen on the day of November 2019. Atte Torre, Mayer Linda Manning, City Cy rk FINALLY, adopted, passed, and approved by a to —it(c) vote on this 26th day of November, 2019. Approved as to form: Approved as to content: James R. True, City Attorney Torre, Mayor A Linda Manning, City Cler