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Home My WebLink Aboutordinance.council.004-14 RECEPTION#: 608341, 03/03/2014 at 10:11:44 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE NO. 4' (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE DEVELOPMENT OF AFFORDABLE HOUSING OUTSIDE CITY LIMITS AND THE ESTABLISHMENT OF A CERTIFICATE OF AFFORDABLE HOUSING CREDITS FOR THE PROPERTY LEGALLY DESCRIBED AS UNIT B, PACIFIC AVE CONDOMINIUMS, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 9, 2006 IN PLAT BOOK 80 AT PAGE 79 AND COMMONLY DESCRIBED AS 412 AABC. PARCEL ID: 2643-344-18-002 WHEREAS, the Community Development Department received an application from Peter Fornell, requesting approval to develop affordable housing units outside City limits and establish a Certificate of Affordable Housing Credit; and, WHEREAS, the property is located at 412 AABC in unincorporated Pitkin County, and is currently zoned Affordable Housing/PUD (AH/PUD); and, WHEREAS, pursuant to Section 26.470.090.2, Provision of required affordable housing units outside City limits, City Council shall approve, approve with conditions or deny an application for provision of required affordable housing units outside City limits; and, WHEREAS, pursuant to Section 26.304.060.13.1, Combined Reviews, City Council shall approve, approve with conditions or deny the application for the establishment of a Certificate of Affordable Housing Credit; and, WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Department recommends approval of this application; and, WHEREAS, during a duly noticed public hearing on December 17, 2013, the Aspen Planning and Zoning Commission approved Resolution No. 22, Series of 2013, by a four to zero (4—0) vote, recommending City Council to approve the provision of affordable housing units outside City limits and approving the establishment of a Certificate of Affordable Housing Credit; and, WHEREAS, City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation the Planning & Zoning Commission, Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on February 24, 2014, the City Council approved Ordinance No. 4, Series of 2014, by a four to zero (4 — 0) vote, approving the development of affordable housing units outside City limits and establishing a Certificate of Affordable Housing Credit; and, Ordinance No.4, Series of 2014 Page 1 of 3 WHEREAS, City Council finds that the proposal meets or exceeds all applicable development standards; 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 COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Affordable Housin1l Units Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the provision of eight (8) affordable housing units to be located outside the City of Aspen limits, but located within the Urban Growth Boundary (UGB). Section 2: Certificate of Affordable Housing Credits Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the establishment of a Certificate of Affordable Housing Credit for 24 FTEs at a Category 2 income level (100% of the FTEs produced by the project). Such certificate is to be granted by the Community Development Department, pursuant to Section 26.540.040 and according to Section 26.540.080, subsequent to filing of approved, executed and recorded deed-restrictions for all 8 units in compliance with APCHA Guidelines, issuance of a Certificate of occupancy for the units, and transfer of the units pursuant to APCHA procedures. Section 3: Severability 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 4: Existing Litigation 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 5: Approvals 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 the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: Public Hearin A public hearing on this ordinance shall be held on the 24th day of February, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Ordinance No.4, Series of 2014 Page 2 of 3 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the �Ylay of February, 2014. Attest: r Kathryn S. och, Oty Clerk Steven don, Mayor 'J FINALLY, adopted, passed and approved this day of 014. Attest: t Kathryn S. K ch, City Clerk Steven Skadr n, Mayor Approved as to form: True, City Attorney Ordinance No. 4, Series of 2014 Page 3 of 3 Ad Name: 993598OA LEGAL NOTICE Customer: Aspen (LEGALS) City of anc 44, S ie of 2 4—a pted on Ordinance t{4, Series of 2019 was adopted on first reading at the City Council meeting February 10, Your account number: 1013028 2014. This or�oe, if adopted,will approve de- ve,opmant of housing units outside city:imit and establish affordable housing credits. The public hearing on this ordinance is scheduled for Febru- PROOF OF PUBLICATION ary 24' 2014 at 5:00 p.m.City"all, 130 South C- era. To—the entire tout,.to the city's legall rntice website http://w .aspenpitkin.csm/Departirents/Clerk/Le- ga1-Net'_/ IF you would like a copy FAXed or e-mailed to you, call tte-ty clerk's offiie,4232637 IM:: Published in the Aspen Titres Weekly on February 13, 2014. [9935980) STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan,do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, 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 newspaperhas been publishedcontinuouslyand 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. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 2/13/2014 and that the last publication of said notice was in the issue of said newspaper dated 2/13/2014. In witness whereof,I have here unto set my hand this 02/13/2014. Jim .Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 02/13/2014. �� 9 Jam" Pamela J.Schultz,Notary Public Commission expires:November 1,2015 �p Ry P� •.6 PAMELA J. ' SCHULTZ r CO��PI My Canmiss on Expires iitmm