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HomeMy WebLinkAboutresolution.council.096-22A RESOLUTION OF THE CITY COUNCIL AMENDING THE RESTRICTIVE COVENANT ASSOCIATED WITH THE AFFORDABLE HOUSING UNIT LOCATED AT 516 E. HYMAN AVENUE, LEGALLY DESCRIBED AS PITKIN CENTER SUBDIVISION, LOT 1, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO RESOLUTION NO.096, SERIES OF 2022 PARCEL ID: 2737-182-15-001 WHEREAS, the applicant, Mark Hunt, dba 1235 E. Cooper Avenue, LLC and 516 E. Hyman Avenue, LLC, submitted an application requesting an amendment to a restrictive covenant agreement and Growth Management review for the mixed -use building located at 516 E. Hyman Ave. The amendment would relocate the on -site deed restricted affordable housing unit from 516 E. Hyman Ave. to 1235 E. Cooper, which is to be voluntarily converted to affordable housing units and Certificates of Affordable Housing; and WHEREAS, the mixed -use building at 516 E. Hyman Ave. was granted development approval via Resolution No. 06, Series of 1989, which included the mitigation of affordable housing requirements through the deed restriction of an on -site studio affordable housing unit. That deed restriction has a date specific expiration, which was common for deed restrictions at the time. The expiration is in approximately seventeen years; and, WHEREAS, subsequent to the development of the property and recordation of the deed restriction, the presence of the unit in the Aspen-Pitkin County Housing Authority (APCHA) system and its occupancy status became unclear. The applicant, Community Development Department, and APCHA desire to clarify the affordable housing requirements for 516 E. Hyman Ave. and make permanent a deed restriction for an affordable housing unit; and, WHEREAS, Community Development Department staff reviewed the application for compliance with the applicable review criteria, and found that the request requires an Insubstantial Amendment to a Development Order for the relocation of the deed restricted unit, a Growth Management review for a Change in Use, and an Administrative Review for the creation of Certificates of Affordable Housing; and, WHEREAS, Land Use Code section 26.304.060.b, permits the combined reviews for compliance with elements of the Land Use Code where more than one development approval is sought simultaneously. Reviews may be combined or modified whenever the Community Development Director determines, in consultation with the applicant, that such combination or modification would eliminate or reduce duplication and ensure economy of time, expense, and clarity. The Insubstantial Growth Management and Change of Use reviews have been combined with this amendment to the restrictive covenant agreement as provided in Land Use Code section 26.304.060.b; and, WHEREAS, a Notice of Approval issued on August 9, 2022, by the Community Development Department and recorded with the Pitkin County Clerk and Recorder, Reception No. & cl 0 2- demonstrates compliance with applicable sections of the Land Use Code for the issuance of Certificates of Affordable Housing, Growth Management Insubstantial Review, and amendments to the deed restriction agreement; and, WHEREAS, the Community Development Department received comments from APCHA and considered those comments in the recommendation to Council; and, WHEREAS, the amendment of the deed restriction agreement and creation of Certificates of Affordable Housing, as described in the Notice of Approval, will facilitate the creation of needed affordable housing units within the City per Aspen Area Community Plan Housing Policies IV.1, IV.2, and IV.5, and the Affordable Housing Strategic Plan; and, WHEREAS, the Community Development Director has reviewed the application and recommends Council approve the request with the conditions described herein; and, WHEREAS, City Council has reviewed and considered the recommendations of the Community Development Director at a regular meeting on August 9, 2022; and, WHEREAS, City Council finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, NOW, THEREFORE, BE IT RESOLVED: Section 1. City Council approves the amendment to the Occupancy Deed Restriction and Agreement relocating the affordable housing unit, required for affordable housing mitigation from the development of 516 E. Hyman, as described in Resolution No. 06, Series of 1989. The amended deed restriction agreement shall list 1235 E. Cooper Ave., Unit 2, as the location of the affordable housing unit required in Resolution No. 06, Series of 1989. The studio affordable housing unit located at 516 E. Hyman and described in the "Occupancy Deed Restriction and Agreement", Reception #309696, shall be abandoned and the use changed to Commercial. The establishment of a new free-market residential use at 516 E. Hyman Ave. is prohibited under current Land Use Code regulations. Future uses and developments shall be subject to Land Use Code requirements in place at the time of application submission. Section 2. The deed restriction agreement amendment authorized through this resolution is conditioned upon compliance with the requirements of the Notice of Approval approved on August 9, 2022, recorded at Reception No. 6cl 0 27 8. Failure to record the deed restrictions for 1235 E. Cooper St. Units 1-8 as described in the Notice of Approval by December 30, 2022, will void the deed restriction agreement amendment authorized through this resolution, requiring the existing affordable housing unit to remain in place at 516 E. Hyman Ave and be occupied pursuant to APCHA guidelines. Approval of the change in use at 516 E. Hyman Ave. from affordable housing residential to commercial is conditioned on all requirements in the Notice of Approval being met. The change in use results in employee generation, as described in the Notice of Approval, mitigation of which shall be provided through the extinguishment of certificates of affordable housing per the Notice of Approval. The amendment of the deed restriction agreement, relocating the 400 square foot studio affordable housing unit to a two -bedroom unit (Unit #02) with a minimum size of 602 square feet, known as 1235 E. Cooper Ave, Unit 2, does not result in additional employee generation or mitigation. No Certificates of Affordable Housing shall be created by the amendment of the deed restriction 2 agreement relocating the affordable housing unit from 516 E. Hyman Ave. to 1235 E. Cooper Ave. Unit 2, and no new employee generation shall be required from this exchange. Section 3. City Council hereby authorizes the City Manager to execute such documents as are required to complete the purposes of this Resolution, including the Amendment to the Occupancy Deed Restriction and Agreement for 516 E. Hyman, subject to the approval of the City Manager and the City Attorney. Section 4. This resolution and the amendments to the deed restriction associated with 516 E. Hyman Ave., as described in this resolution shall become effective upon the execution of a Notice of Approval, and recordation of all appropriate documents with the Pitkin County Clerk and Recorder. Section 5: 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 6: 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 CITY COUNCIL at its regular meeting on the 9th of August 2022. Approved as to form: ,James R. True, City Attorney r Attest: Nicole Henning, -City C rk 3 73ffg, - Torre, Mayor