HomeMy WebLinkAboutresolution.council.140-24A RESOLUTION OF THE
CERTAIN DEVELOMENT
HOUSING MITIGATION
26.470.110.C.
RESOLUTION #140
(SERIES OF 2024)
ASPEN CITY COUNCIL APPROVING THE ABILITY OF
PROJECTS TO PAY FEE -IN -LIEU FOR AFFORDABLE
REQUIREMENTS, PER MUNICIPAL CODE SECTION
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
Planning and Zoning Commission; and,
this issue with the
WHEREAS, at a regular meeting on November 19, 2024, the Planning and Zoning
Commission considered the requests of six property owners to pay fee -in -lieu in meeting
affordable housing mitigation requirements, and reviewed staff s memo, and approved Resolution
#13, Series of 2024, by a six to zero (6-0) vote, recommending Council consideration and approval
of the requests to pay fee -in -lieu.
WHEREAS, at a regular meeting on December 3, 2024, City Council considered the
recommendations %J the %y Development Department and the Planning and Zoning
Commission and evaluated the requests to pay fee -in -lieu in meeting affordable housing mitigation
requirements for specific development projects, and by a five to zero (5 - 0) vote, approved the
requests.
NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT:
Section 1 Approvals:
The following projects are approved to pay fee -in -lieu in meeting affordable housing mitigation
requirements:
• 202 East Main Street — 0.24 Category 2 FTE / $98,006.88 (0035-2023-BRES)
• 1445 Crystal Lake Drive — 0.89 Category 2 FTE / $363,442.18 (0129-2023-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 annrove fee -in -lieu mitigation above 2.0 FTE for a single permit.
City Council —Fee-in-lieu Request
Res. #140, Series of 2024
Page 1 of 2
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.
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 3rd day of December 2024.
Approved as to form:
Approved as to content:
Torre, Mayor
City Council —Fee-in-lieu Request
Res. #140, Series of 2024
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