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HomeMy WebLinkAboutresolution.apz.006-14 RECEPTION#: 610003, 05/02/2014 at 11:52:09 AM, 1 OF 5, R $31.00 Doc Code RESOLUTION RESOLUTION N0. 6, Janice K. Vos Caudill, Pitkin County, CO (SERIES OF 2014) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION GRANTING GROWTH MANAGEMENT ALLOTMENTS AND AFFORDABLE HOUSING CREDITS FOR THE PROPERTY LOCATED AT 110 WEST MAIN STREET, HOTEL ASPEN CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-124-61-800 WHEREAS, the Community Development Department received an application from Garmisch Lodging LLC represented by Stan Clauson Associates, Inc. requesting approval of a redevelopment of the existing lodge; and, WHEREAS, the property is zoned Mixed Use (MU), Medium Density Residential (R-6), Lodge Preservation Overlay (LP) and Main Street Historic District Overlay; and, WHEREAS, the property is partially located within the Main Street Historic District and is not considered a contributing building to the integrity of the Historic District; and WHEREAS, on April 24, 2013, the Historic Preservation Commission granted Conceptual Commercial Design Review and Conceptual Major Development Review approval via Resolution #14, Series of 2013; and WHEREAS, on March 17, 2014, the Aspen City Council granted Planned Unit Development, Subdivision, and Rezoning approvals via Ordinance 451, Series of 2013; and WHEREAS, upon review of the growth management application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on April 15, 2014, the Planning and Zoning Commission by a vote of five to zero (5 - 0), approved growth management allotments as specified herein; and, WHEREAS, the 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 of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, Resolution No. 6, Series 2014 Hotel Aspen Page 1 of 5 WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN,COLORADO THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission grants the following allotments from the 2014 annual limits: 18 lodging pillows for 9 new lodge rooms 3 free market residential units 3 affordable housing units The project is subject to all conditions included in Historic Preservation Commission (HPC) Resolution #14, Series of 2013, and City Council Ordinance #51, Series of 2013, and requires Final Commercial Design, and Final Major Development approval prior to the issuance of a development order. Section 2: Affordable Housing 3 affordable housing rental units at Category 2 are approved as follows: Unit type Proposed net livable FTEs housed area 1-bedroom 603 1.75 1-bedroom 643 1.75 Studio 401 1.25 TOTALS 1,647 sf 4.75 Rental Unit: 1. The deed restriction shall require that all tenants are approved PRIOR to tenancy through APCHA and must re-qualify every two years. If the tenants work specifically for the Hotel Aspen, the income and assets shall be waived; however, the rental rate charged cannot exceed the Category 2 maximum rental rate stated in the Guidelines. 2. The units shall be classified no higher than Category 2. 3. Owner and APCHA stipulate and agree that, in accordance with CRS 38-12- 301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise Resolution No. 6, Series 2014 Hotel Aspen Page 2 of 5 provide affordable housing stock. Owner waives any right it may have to claim that the Deed Restriction violates CRS 38-12-301. 4. The rental deed restriction will be recorded with the following conditions: a. The use and occupancy of the Employee Dwelling Unit shall henceforth be limited exclusively to housing for employees and their families who are employed in Pitkin County and who meet the definition of"qualified Category 2 employee" as that term is defined by the qualification guidelines established and indexed by the Authority on an annual basis. The Owner shall have the right to lease the Employee Dwelling Unit to a"qualified Category 2 employee"of his own selection. b. The Employee Dwelling Unit shall not be occupied by the Owner or members of the immediate family ("Immediate Family" shall mean a person related by blood or marriage who is a first cousin [or closer relative] and his or her children), unless the family member is a qualified employee and obtains approval by APCHA prior to occupancy. The unit shall at no time be used as a guesthouse or guest facility. C. Written verification of employment of employee(s) proposed to reside in the Employee Dwelling Unit shall be completed and filed with the Authority by the Owner of the Employee Dwelling Unit prior to occupancy thereof, and such verification must be acceptable to the Authority. d. The maximum rental rate shall not exceed the Category 2,studio or one-bedroom rental rates as set forth in the Rental Guidelines established by the Authority and may be adjusted annually as set forth by the Guidelines. The maximum permitted rent for the unit on the date of execution of this deed restriction as stated in the Guidelines at the time the deed-restriction is recorded. Rent shall be verified and approved by the Authority upon submission and approval of the lease. Employees shall be qualified by the Authority as to employment, maximum income and asset limitations on a yearly basis. The signed lease must be provided to APCHA. e. The Unit must meet minimum occupancy;i.e.,one person per bedroom. f. Owner agrees to provide to APCHA upon request all information reasonably necessary to determine if there is full compliance with this Agreement. g. In the event that APCHA has reasonable cause to believe the Owner and/or tenant is violating the provisions of this Agreement, the APCHA, by its authorized representative, may inspect the Property or Affordable Housing Unit between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner with no less than 24 hours' written notice. h. The APCHA, in the event a violation of this Agreement is discovered,shall send a notice of violation to the Owner and/or tenant, as may be applicable, detailing the nature of the violation and allowing the Owner or tenant fifteen (15) days to cure. Said notice shall state that the Owner or tenant may request a quasi-judicial hearing before the APCHA Board pursuant to the Grievance Procedures of the APCHA Guidelines within fifteen (15)days to determine the merits of the allegations. If no hearing is requested and the violation is not cured within the fifteen(15)day period,the Owner or tenant shall be considered in violation of this Agreement. If a hearing is held before the APCHA Board, the decision of the APCHA Board based on the record of such hearing shall be final for the purpose of determining if a violation has occurred and for the purpose of judicial review. i. There is hereby reserved to the parties' hereto any and all remedies provided by law for breach of this Agreement or any of its terms. In the event the parties resort to litigation with respect to any or all provisions of this Agreement,the prevailing party shall recover damages and costs, including reasonable attorney's fees. j. In the event an Affordable Housing Unit is leased without compliance herewith, such lease shall be wholly null and void and shall confer no title whatsoever upon the purported tenant. Each and every lease, for all purposes, shall be deemed to include and incorporate by this reference,the covenants herein contained,even without reference therein to this Agreement. Resolution No. 6, Series 2014 Hotel Aspen Page 3 of 5 k. In the event that the Owner or tenant fails to cure any breach,the APCHA may resort to any and all available legal action, including, but not limited to, specific performance of this Agreement or a mandatory injunction requiring compliance by Owner and/or tenant. 1. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law;but if any such provision shall be invalid or prohibited under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of this Agreement or other document. M. This Agreement is to be governed and construed in accordance with the laws of the State of Colorado. n. No claim of waiver,consent or acquiescence with respect to any provision of this Agreement shall be valid against any part hereto except on the basis of a written instrument executed by the parties to this agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. o. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made in writing signed by both parties and recorded with the Clerk and Recorder of Pitkin County,Colorado. P. The terms and provisions of this Deed Restriction shall constitute covenants running with the title to the Affordable Housing Units as a burden thereon for the benefit of, and shall be specifically enforceable by, the Managing Agent, the Association and/or Owner, by the Housing Authority, the City of Aspen, Colorado, and by their respective successors and assigns, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction of non-qualified tenants. q. Lease agreements executed for occupancy of the Employee Dwelling Unit shall provide for a rental term of not less than six (6) consecutive months. A signed and executed copy of the lease shall be provided to the Authority by the Owner within ten (10) days of approval of employee(s) for the Employee Dwelling Unit. Upon vacancy of the Employee Dwelling Unit,the Owner is granted forty-five(45)days in which to locate a qualified employee. If an employee is not placed by the Owner,the Authority may rent the Employee Dwelling Unit to a qualified employee. r. When the option to convert any unit to a sale unit is exercised, the owner must adopt a new deed restriction in the form adopted by APCHA that is applicable to sale units. If the units are found to be out of compliance for one year, or the owner requests the units to become ownership units shall comply with APCHA standards. Section 3: Certificate of Occupancy The deed restricted affordable housing units and the lodging portion of the project shall obtain a Certificate of Occupancy prior to, or in conjunction with, the free-market residential homes. The deed restriction for the affordable housing units shall be recorded prior to Certificate of Occupancy. Section 4: Affordable Housing Credits The project proposes 4.75 FTEs at Category 2 and is required to mitigate for 3.3 FTEs at Category 4 or lower for the new free market residential component. Affordable housing credits for the onsite studio unit, equal to 1.25 FTEs at Category 2, are hereby approved by the Planning and Zoning Commission with the condition that an amendment to Ordinance #51, Series of 2013 is required to allow affordable housing credits to be included as part of the overall project representations. Resolution No. 6, Series 2014 Hotel Aspen Page 4 of 5 Section 5• 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 or City Council, 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 6• 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 7• 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 15th day of April, 2014. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: 1 5-1 Jim True, City Attorney LJ Erspamer, Chair 0f AT EST: inda Manning, beputy City Cler Resolution No. 6, Series 2014 Hotel Aspen Page 5 of 5