HomeMy WebLinkAboutresolution.apz.003-2024RESOLUTION #03
SERIES OF 2024
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING APPROVAL BY CITY COUNCIL OF THE ABILITY OF CERTAIN
DEVELOPMENT PROJECTS TO PAY FEE -IN -LIEU FOR REQUIRED 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 provide affordable housing in excess of 0.10 Full -Time Equivalents (FTEs)
via a fee -in -lieu payment 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 May 7, 2024, the Planning and Zoning Commission
considered the requests of five property owners to pay fee -in -lieu to meet affordable housing
mitigation requirements, and reviewed staff s memo, and by a five — zero (5-0) vote approves
Resolution #03, Series of 2024, recommending Council consideration and approval of the requests
to pay fee -in -lieu.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1 Approvals:
Planning and Zoning Commission recommends the following projects be allowed to pay fee -in -lieu
to meet affordable housing mitigation requirements:
• 350 Lake Avenue — 0.38 Category 2 FTE / $15,517.76 (0012-2024-BRES)
• 360 Lake Avenue —1.70 Category 2 FTE / $694,215.4 (0013-2024-BRES)
• 434 East Cooper Avenue — 0.96 Category 4 FTE / $315,391.68 (0036-2023-BCOM)
• 1050 Cemetery Lane —1.19 Category 2 FTE / $485,950.78 (0051-2023-BRES)
• 1205 Red Butte Drive — 0.16 Category 2 FTE /$65,337.92 (0049-2023-BRES)
The FTE mitigation calculation and valuations of the fee -in -lieu as presented are estimates only and
will be finalized prior to building permit issuance. This resolution does not approve fee -in -lieu
mitigation above 2.0 FTE for a single permit.
Section 2 Existing Litigation:
11111111111111111111111111111111III1I1111II1IIIIIIII11111111111111III1I1111 Planning and Zoning Commission
RECEPTIONM 702733, R: $18.00, D: $0.00 Resolution #03, Series of 2024
DOC CODE: RESOLUTION Page 1 of 2
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Ingrid K. Grueter, Pitkin County, CO
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 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.
FINALLY, adopted, passed, and approved this 71h day of May 2024.
Approved as to form:
Kath rine Johns Assistant City Attorney
Attest:
Trkcy Tk�7 , Deputy Clerk
Approved as to content:
eraissa c overn, Chair
Planning and Zoning Commission
Resolution #03, Series of 2024
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