HomeMy WebLinkAboutresolution.council.090-24RESOLUTION #090
(SERIES OF 2024)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING THE ABILITY OF
CERTAIN DEVELOPMENT 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 August 6, 2024, the Planning and Zoning
Commission considered the request of a property owner to pay fee -in -lieu in meeting affordable
housing mitigation requirements, and reviewed staff s memo, and approved Resolution #06, Series
of 2024, recommending Council consideration and approval of the request to pay fee -in -lieu.
WHEREAS, at a regular meeting on August 27, 2024, City Council considered the
recommendations of the Community Development Department and the Planning and Zoning
Commission and evaluated the request to pay fee -in -lieu in meeting affordable housing mitigation
requirements for a specific development project, and by a five to zero (5 — 0) vote, approved the
request.
NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT:
Section 1 Approvals:
The following project is approved to pay fee -in -lieu in meeting affordable housing mitigation
requirements:
• 1295 Red Butte Drive — 1.2 Category 2 FTE / $490,034.4 (0059-2023-BRES)
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 applicable. This
resolution does not approve fee-m4ieu mitigation above 2.0 FTE for a single permit,
Section 2 Existing Litigation:
City Council —Fee-in-lieu Request
Res. #090, Series of 2024
Page 1 of 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 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 27t1' day of August, 2024.
Approved as to form:
es R. True, City Attorney
0
Approved as to content:
Torre, Mayor
City Council —Fee-in-lieu Request
Res. #090, Series of 2024
Page 2 of 2