HomeMy WebLinkAboutresolution.apz.022-2013 RECEPTION#: 608350, 03/03/2014 at
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Janice K.Vos Caudill, Pitkin County, CO
RESOLUTION NO. 22
(SERIES OF 2013)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING APPROVAL TO CITY COUNCIL FOR 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, the Aspen Planning and Zoning Commission shall provide recommendation
to City Council to 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.B.1, Combined Reviews, the Aspen Planning and
Zoning Commission shall provide recommendation to City Council to 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, the Aspen Planning and Zoning Commission 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 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 December 17, 2013, the Aspen Planning
and Zoning Commission approved Resolution No. 22, Series of 2013, by a 4 to 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, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is
necessary for the promotion of public health, safety, and welfare.
AABC Housing Credits
Resolution No. 22, Series of 2013
Page 1 of 3
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1: Affordable Housing Units
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Planning and Zoning Commission hereby recommends City Council approve 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), conditioned upon receiving necessary approvals
from the Pitkin County Community Development Department.
Section 2: Certificate of Affordable Housing Credits
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Planning and Zoning Commission hereby recommends City Council approve 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.
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.
AABC Housing Credits
Resolution No. 22, Series of 2013
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APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 17th day of
December, 2013.
APPROVED AS TO FORM: PLANNIN D ZONING
C I SI
Debbie Quinn, Assistant City Attorney Vrspainer, Chair
ATTEST:
4qk
Kathy Strickland, Chief eputy Clerk
AABC Housing Credits
Resolution No. 22, Series of 2013
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