HomeMy WebLinkAboutresolution.council.025-23RESOLUTION #025
SERIES OF 2023
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ADOPTING
POLICIES AUTHORIZING AMENDMENTS TO CHAPTER 26.540,
CERTIFICATES OF AFFORDABLE HOUSING CREDIT; 26.470, GROWTH
MANAGEMENT QUOTA SYSTEM; AND OTHER SECTIONS OF THE LAND
USE CODE AS NECESSARY IN SUPPORT OF IMPROVEMENTS TO THE
AFFORDABLE HOUSING CREDITS PROGRAM AND THE FURTHER
ENCOURAGEMENT OF AFFORDABLE HOUSING DEVELOPMENT.
WHEREAS, pursuant to Section 26.310.020(A), a Policy Resolution is required to
initiate amendments to the City of Aspen Land Use Code; and,
WHEREAS, the Land Use Code requires periodic amendments to ensure it supports
adopted City policy, is aligned with the community vision outlined in the Aspen Area
Community Plan (AACP), and responds to changes in the community and development
context; and,
WHEREAS, pursuant to Section 26.310.020(A), during a City Council Work
Session meeting on December 12, 2022, the Community Development Department
received direction from City Council to pursue amendments to the Certificates of
Affordable Housing Credit program in support of City Council's affordable housing goals;
and,
WHEREAS, Chapter 26.540, Certificates of Affordable Housing Credit; Chapter
26.470, Growth Management Quota System, and other sections of the Land Use Code as
necessary, will be proposed for amendments in furthering City Council's affordable housing
goals; and,
WHEREAS, These amendments would bring additional flexibility, clarity, and
efficacy to the Affordable Housing Credits program; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department, following approval of this Policy Resolution will conduct Public Outreach
with the public and technical stakeholders in the development community; will receive
recommendation from the Planning and Zoning Commission in a public hearing; and will
propose an Ordinance to be considered at First and Second Reading; and,
WHEREAS, this Resolution does not amend the Land Use Code, but provides
direction to staff for amending the Land Use Code; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for
the promotion of public health, safety, and welfare.
Resolution # 025, Series of 2023
AH Credits - Policy Resolution
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section I: Overall Code Amendment Objectives
The objectives of these code amendments are to:
1. Provide additional flexibility and incentive within the AH Credits program.
2. Provide clarity in the application of code provisions to the reality of the AH
development context.
3. Create new opportunities for the development of affordable housing.
Section 2: Tonics for Potential Code Amendments
1. Allow Category 5 and Resident -Occupied (RO) units to be eligible for AH Credits.
2. Allow dormitory and co -housing unit designs to be eligible for AH Credits.
3. Clarify the relationships between the AH Credit program and relevant APCHA
requirements related to rental and ownership units.
4. Create a path of flexibility in utilizing AH Credits as an incentive related to
resolving expiring deed restrictions and in encouraging right -sizing and mobility
within the APCHA system.
5. Expanding the eligible area for AH Credits projects to include the full extent of the
Urban Growth Boundary.
Section 3: Other Amendments as Necessa
Other amendments may be required to ensure coordination between the sections identified
above and other sections in the LUC which may not have been anticipated.
Section 4•
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 resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded under
such prior resolutions or ordinances.
Section 5•
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 this 28 h day of February, 2023,
Torre, Mayor
1JcTEST: APPROVED AS TO FORM:
Lole Henning, City rk . ames R True, City Attorney
Resolution # 025, Series of 2023
AH Credits - Policy Resolution
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