HomeMy WebLinkAboutresolution.apz.006-2024RECEPTION#: 704554, R: $18.00, D: $0.00
DOC CODE: RESOLUTION
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Ingrid K. Grueter, Pitkin County, CO
RESOLUTION #06
SERIES OF 2024
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING APPROVAL BY CITY COUNCIL OF THE ABILITY OF A
CERTAIN DEVELOMENT PROJECT 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 August 6, 2024, the Planning and Zoning
Commission considered the requests of one property owner to pay fee -in -lieu to meet affordable
housing mitigation requirements, and reviewed staff s memo, and by a seven — zero (07-0) vote
approves Resolution #06, Series of 2024, recommending Council consideration and approval of
the request 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 project be allowed to pay fee -in -lieu to
meet affordable housing mitigation requirements:
• 1295 Red Butte Drive — 1.2 Category 2 FTE / $490,034.4 (0059-2023-BRES)
The FTE mitigation calculation and valuation 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:
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action or proceeding now pending under or by virtue of the ordinances repealed or amended as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.
Planning and Zoning Commission
Resolution #06, Series of 2024
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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 6th day of August, 2024.
Approved as to form:
Kleo
a herine -Johns o Assistant City Attorney
Attest:
�q
acy Ter eputy Clerk
Appr ed as to content:
r
eraissa McGovern, hair
Planning and Zoning Commission
Resolution #06, Series of 2024
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