HomeMy WebLinkAboutresolution.council.092-22RESOLUTION #092
(SERIES OF 2022)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING THE ABILITY OF
CERTAIN DEVELOMENT PROJECTS TO PAY FEE -IN -LIEU FOR AFFORDABLE
HOUSING MITIGATION REQUIREMENTS, PER MUNICIPAL CODE SECTION
26.470.110.C.
WHEREAS, The Affordable Housing Certificates Program has been established as the
preferred mechanism within the Land Use Code to provide required affordable housing mitigation;
and,
WHEREAS, the Land Use Code provides a process for an applicant to make a request to
Aspen City Council to pay Fee -in -Lieu in meeting mitigation requirements as an alternative to
Affordable Housing Certificates in Section 26.470.110.C; and,
WHEREAS, Community Development Staff has analyzed the current market conditions
for Affordable Housing Certificates and has determined that there is a shortage, making it
practically impossible to acquire Affordable Housing Certificates; and,
WHEREAS Community Development has presented and discussed this issue with the
Planning and Zoning Commission; and,
WHEREAS, at a regular meeting on June 21, 2022, the Planning and Zoning Commission
considered the requests of three property owners to pay Fee -in -Lieu in meeting affordable housing
mitigation requirements, and reviewed staffs memo, and by a five - zero (5-0) vote approved
Resolution # 12, Series of 2022, recommending Council consideration and approval of the requests
to pay Fee -in -Lieu.
WHEREAS, at a regular meeting on July 12, 2022, City Council considered the
recommcndations of the Community Development Department and the Planning and Zoning
Commission and evaluated the requests to pay Fee -in -Lieu in meeting affordable housing
mitigation requirements for specific development projects, and by a five to zero (5 to 0) vote,
approved the requests.
NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT:
Section 1
The following projects are allowed to pay Fee -in -Lieu in meeting affordable housing mitigation
requirements:
411 Pearl Court —1.06 C'.at 2 FTE / $399,063.50 (Building Permit) (Please note that this is
an increase from the letter that asks for 1.01 Cat 2 FTEs. This is due to minor changes in
the building permit associated with this request from the time of the land use case submittal
to this Council meeting.)
114 W Hopkins (Molly Gibson Residences) - 1.13 Cat 4 FTE / $269,716.36 (Building
Permit) (Please note that the Molly Gibson Residences are .associated with the
redevelopment of the Molly Gibson Lodge and as such mitigation was approved during
Planned Development review to be at Category 4, which requires a fee of $238,687.04 per
FTE [Ordinance No. 3, Series of 2015]. The Molly Gibson Residences required 2.65
City Council — FIL Request
Res. #092, Series of 2022
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Category-4 FTEs for mitigation. They purchased 1.52 Category-4 FTEs which left them
1.13 Category-4 FTEs short which they hope to mitigate with this process.)
815 Roaring Fork Rd - .22 Cat 2 FTE / $82,824.50 (Building Permit)
The FTE and valuations of the Fee -in -lieu as presented are estimates only and will be finalized prior
to building permit issuance or the termination of the deferral agreement as a licable.
Section 2•
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 3•
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.
FINALLY, adopted, passed, and approved this 12th day of July 2022.
Approved as to form:
-fames R. True, City Attorney
Attest:
Nicole Henning, City C
Approved as to content:
Torre, Mayor
City Council — FIL Request
Res. #092, Series of 2022
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