HomeMy WebLinkAboutresolution.council.075-25RESOLUTION #075
(SERIES OF 2025)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING THE ABILITY OF
CERTAIN DEVELOMENT 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 May 7, 2025, the Planning and Zoning Commission
considered the request of one property owner to pay fee -in -lieu in meeting affordable housing
mitigation requirements, and reviewed staff s memo, and approved Resolution #06, Series of 2025,
by a six to zero (6-0) vote with the condition the project be required to extinguish the 0.46 FTEs
obtained through the Affordable Housing Credits Program prior to building permit issuance,
recommending Council consideration and approval of the requests to pay the remaining balance
via fee -in -lieu.
WHEREAS, at a regular meeting on May 27, 2025, City Council considered the
recommendations of the Community 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 and Conditions:
The following project is approved to pay up to 2.0 FTEs via fee -in -lieu to meet affordable housing
mitigation requirements conditioned that the project is required to extinguish the 0.46 FTEs obtained
through the Affordable Housing Credits Program prior to building permit issuance:
• 1380 Riverside Drive — 0.48 Category 2 FTEs at the 2024 rate of $424,288.
Permit # 0071-2024-BRES
City Council — Fee -in -lieu Request
Resolution #075, Series of 2025
Page 1 of 2
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 -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.
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 27th day of May 2025.
APPROVED AS TO FORM:n APPROVED AS TO CONTENT:
erine Johns ity Attorney achael Richards, M or
,AeTNEST:
i
Nicole Henning, City Clerk
City Council — Fee -in -lieu Request
Resolution #075, Series of 2025
Page 2 of 2
Title 26 Policy 01-2024
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE POLICY 01-2024
EXPEDITED PROVISION OF REQUIRED AFFORDABLE HOUSING VIA A FEE -IN -LIEU -
PAYMENT
JURSIDICTION:
RELEVANT LAND USE CODE:
EFFECTIVE DATE:
WRITTEN BY:
APPROVED BY:
City of Aspen
Chapter 26.470, Growth Management Quota System
Chapter 26.540, Certificates of Affordable Housing Credit
April 30, 2024
Sophie Var a ner I
Ben Anderson, Community Development Director
Purpose: The Community Development Department, in accordance with the procedures,
standards and limitations of Title 26 of the City of Aspen Municipal Code, will use this
administrative policy to assist building permit applicants in applying for land use approval from
the Planning & Zoning Commission and City Council to allow required Affordable Housing
Mitigation to be provided via fee -in -lieu.
Applicability: This process applies to building permit applications that generate up to 2.0 Full
Time Equivalent Employees (FTEs). This policy can be terminated by the City of Aspen.
Projects that generate up to 0.1 FTEs may pay mitigation via fee -in -lieu by right. Projects that
generate more than 2.0 FTEs are subject to the review procedures in 26.470.110.C.
Background: A policy to streamline requests to pay fee -in -lieu was originally issued on January
20th, 2022, for projects that generated up to a maximum of 1.5 FTEs. It was due to be updated
after the moratorium on residential development was lifted. This took place on July 2711, 2022.
The code update included changes to how affordable housing mitigation is calculated. If
demolition is triggered, credit for existing floor area is no longer provided. This has increased
required affordable housing mitigation for some projects. The expansion of this policy to projects
that generate up to 2.0 FTEs is due to the ongoing shortage of credits and increased mitigation
amounts.
The City's Growth Management Quota System regulations require affordable housing mitigation
of free-market residential development. Development that generates less than 0.1 Full Time
Equivalents (FTEs) may mitigate via fee -in -lieu by right. Projects that generate more than 0.1
FTEs may mitigate via Affordable Housing Certificates by right. This code was written to support
the creation of affordable housing by private developers. The Land Use Code offers a process
for paying fee -in -lieu to mitigate over 0.1 FTEs. It requires a request and approval by Council,
following a recommendation from P&Z (reference 26.470.110.c, Provision of required affordable
housing via a fee -in -lieu -payment).
The Affordable Housing Certificates Program has been successful in incentivizing the private
sector to produce affordable housing units for over a decade. Since the inception of the
program, housing for more than 100 Full Time Equivalents has been produced - without any
public dollars being expended. The program is dependent on two things: 1) the willingness of
the private sector to complete affordable housing projects, and 2) the demand for Affordable
Housing credits by free-market commercial and residential development to meet their mitigation
Page 1 of 4
Title 26 Policy 01-2024
requirements. The City established Affordable Housing Certificates as the preferred means of
providing affordable housing mitigation for single-family and duplex development in order to
support the program. There are alternate means of mitigation, such as voluntarily deed
restricting the subject unit to Resident Occupied or buying a free-market residential unit in town
and deed restricting it. These options have been unpopular and may be cost prohibitive.
Mitigation may be paid with cash by right for projects that generate 0.1 FTEs or less.
Policy: Community Development is implementing the following procedure in the interest of
allowing by -right development. It provides an expedited path to request to provide required
Affordable Housing Mitigation.
Per 26.470.110.c, the Planning and Zoning Commission (P&Z) and City Council must approve a
resolution to allow affordable housing mitigation in excess of 0.1 FTEs to satisfy mitigation via
fee -in -lieu. Public noticing is not required per the City Attorney's Office, Planning Staff will
coordinate multiple permits/parties to "batch" a resolution to proceed through P&Z for
recommendation to City Council. The review with P&Z and Council will be processed quarterly
or when two or more requests are made (whichever comes first) until the affordable housing
credits availability issue is resolved. Permit applicants must wait until either the next scheduled
quarterly hearing or for a second request (whichever comes first) for their batched application to
be processed. Planning Staff will coordinate the scheduling and staffing of these reviews.
The expedited process is as follows:
Once the Zoning Division (Zoning) has completed review of a building permit that generates
affordable housing mitigation requirements that are greater than 0.1 FTEs up to a maximum of
2.0 FTEs, an email will be sent to the permit applicant. Example text for the email is found in
Exhibit A.
If the permit applicant cannot mitigate for affordable housing through by -right measures, they
may submit a batched land use request to pay fee -in -lieu for up to 2.0 FTEs. The land use
application must include:
• A pre -application conference summary letter
• A signed agreement to pay form
• The first page of the land use application packet
• A letter demonstrating that by -right mitigation options are not possible and responses to
the review criteria laid out in 26.470.110.c. The letter should also include the permit
number of the permit associated with the request. The building permit must be actively
under review.
The application will be reviewed for completeness. If the application is deficient, the applicant
will be informed regarding what is missing. If the application is deemed complete, a flat fee of
$325 will be due. The application will be added to the next batch of requests after the fee is
paid. If an applicant is able to purchase credits while their fee -in -lieu request is being processed,
their land use application is withdrawn. The $325 flat fee will not be refunded.
Exhibits:
Exhibit A — Example email to permit applicants
Exhibit B — Title 26 Policy 01-2022
Page 2 of 4
Title 26 Policy 0 1 -2024
Exhibit A - Example email:
"Good Morning/Afternoon (Applicantj,
Zoning review has been completed for this permit. Once the affordable housing
mitigation is complete, Zoning will be able to formally sign -off on the permit. The
Zoning status in Salesforce is set as "Re -review Needed" until mitigation is
complete.
It is strongly advised that the building permit applicant waits until Zoning is the
)nlv remaining review agency to sign -off on the permit before pursuing
acquisition of an Affordable Housing Certificate, or alternative affordable housing
mitigation methods as set forth below.
The mitigation fees for (address], (permit number] are listed below. Barring any
additional changes to the plans that may impact floor area calculations, the
numbers are as follows:
Residential':
Based on a mitigation floor area of X square feet, and a land value of $X for the
X square foot lot ($)(/sq. ft. of lot) the fees are:
School Land Dedication Fee: $X
Affordable Housing Mitigation: X.XX FTEs ($X)
TDM/Air Quality Fee: $X
Parks Development Fee: $X
Commercial:
X square feet of net /easab/e space must be gated for on this permit. The
fees are:
Affordable Housing Mitigation: X.XX FTEs ($X')
TDM/Air Quality Fee:
Parks Development Fee:
Affordable Housing Mitigation up to a maximum of 0.1 FTEs maybe satisfied by
right via fee -in -lieu. Affordable Housing Mitigation between 0.1 FTEs and 2.0
FTEs may apply to pay via fee -in -lieu through a batched land use review as
described below. Applicants that desire to pay fee -in -lieu for projects that
generate more than 2.0 FTE are subject to the full review laid out in XXX
There is presently limited availability of Affordable Housing Certificates on the
free market. In the interest of accommodating building permit applications that
are ready to be issued, the City is temporarily implementing the attached policy
to allow building permits that generate less than 2.0 FTEs to move forward by
mitigating affordable housing via fees -in -lieu. Only permits generating affordable
housing mitigation requirements up to a maximum of 2.0 FTEs are eligible. Pre-
� Zoning reviewer will choose the appropriate use.
z Dollar amount will
only be
included if the FTE amount is
equal to or less than 0.1 FTE
s Dollar amount will
only be
included if the FTE amount is
equal to or less than 0.1 FTE
Page 3 of 4
Title 26 Policy 01-2024
application conference summary letters can be requested by emailtng the
plannerofthe day.• plannerofthedayCa)gmail.comI
Please review the attached Mitigation Options for Single Family or Duplex
handout. There are possible alternatives for mitigation available such as deed
restrictions on either your project or another existing unit with the Aspen Infill
Area, or a deferral agreement.
Zoning will approve the building permit application after mitigation has been
provided."
Page 4 of 4
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE POLICY
AFFORDABLE HOUSING FEE -IN -LIEU OF CREDIT EXTINGUISHMENT
JURSIDICTION: City of Aspen
EFFECTIVE DATE: January 20, 2022
WRITTEN BY: Bob Narracci, Zoning Administrator
APPROVED B : Phillip Supino,
Community Development Director
_.._.......................___P_urpose:._The.Community-Development Department, in accordance with the procedures, standards and___
limitations of Title 26 of the City of Aspen Municipal Code, shall use this administrative policy to assist
our building permit clientele in securing requisite Planning & Zoning Commission and City Council
- _a�pioval-o allow Affordable _Ho.tsirig-Mitigation-requirements to be mitigated i_n part; or wholly v'ra: fees -
in -lieu. - -
Applicability: This process shall apply to all building permit applications that generate more than 0.1
FTE's up to a maximum of 1.5 FTE's that require mitigation.
Background: Pursuant to Section 26.470.090 of the City's Growth Management Quota System
regulations require affordable housing mitigation of free-market residential development. Affordable
housing mitigation must be provided at a Category 2 (or lower) rate. Certificates must be extinguished
pursuant to the procedures of Chapter 26.540, Certificates of Affordable Housing Credit. Fee -in -lieu
rates shall be those stated in Section 26.470.100—Calculations; Employee Generation and Mitigation,
in effect on the date of application acceptance. Providing a fee -in -lieu payment in excess of .10 FTE
shall require City Council approval, pursuant to Section 26.470.110(c).
Affordable Housing Certificates are free market commodities. As of this writing, the holders of
remaining Affordable Housing Certificates are unwilling to sell those certificates, effectively freezing the
market for potential buyers. This dearth of availability has rendered impractical the standard regulatory
protocol for building permit applicants to acquire Certificates of Affordable Housing through the free
market and then extinguish those certificates to mitigate the FTE's generated by their proposed
residential development, or expansion. While there is no regulatory requirement for the City to
intervene in the functioning of the Certificates market, the reality is that without a functioning market,
the City and property owners are faced with increased challenges to regulatory compliance.
The result is that building permit applications that are in every other way ready to be issued, cannot be
due to the inability of the permit applicants to satisfy their Affordable Housing Mitigation requirements.
As such, their projects are indefinitely on -hold.
Policy: In the interest of moving forward with a workable solution for the current friction in the
Affordable Housing Credits market, following are the procedures to be implemented:
1) Once Zoning has completed review of a building permit that generates affordable housing
mitigation requirements that are greater than 0.1 FTE's up to a maximum of 1.5 FTE's, then the
Zoning reviewer will send the following email to the permit applicant:
"Good Morning/Afternoon (Applicant],
Please be aware that the Zoning review has been completed for this permit.
Once the affordable housing mitigation is complete, Zoning will be able to
formally sign -off on the permit. For the time being, you will see in Salesforce the
Zoning status as 'Re -review Needed'.
The mitigation fees for (address], (permit number] have been calculated and are
set forth below. Barring any additional changes to the plans that may impact
floor area calculations, the revised numbers are as follows:
Based on a new residential square footage of X Square Feet (existing plus
proposed), and a land value of $X for the X square foot lot ($X/sq. ft. of lot) the
mitigation fees will be:
School Land Fee: $X
Affordable Housing Mitigation: $X (This project generated X.XX FTE's)
Air Quality: $X
Parks: $X
Affordable Housing Mitigation up to a maximum of 0.1 FTE's may be satisfied
via fees -in -lieu.
It is strongly advised that the building permit applicant waits until Zoning is the
only remaining review agency to sign -off on the permit before pursuing
acquisition of an Affordable Housing Certificate, or alternative affordable
housing mitigation methods as set forth below.
As you are likely aware, there is presently limited availability of Affordable
Housing Certificates on the free market. In the interest of accommodating
building permit applications that are ready to be issued, excepting the
Affordable Housing mitigation, the City is temporarily implementing the
following procedures to allow building permits, such as this one, to move
forward by mitigating affordable housing via fees -in -lieu. The temporary
procedures are as follows:
Only permits generating affordable housing mitigation requirements greater
than 0.1 FTE's and up to a maximum of 1.5 FTE's are eligible.
• Both the Planning and Zoning Commission (P&Z) and City Council must
approve a resolution to allow affordable housing mitigation in excess of
0.1 FTE's to satisfy mitigation wholly via fees -in -lieu.
o Planning Staff will coordinate multiple permits/parties to
"batch" a resolution to proceed through P&Z (recommendation)
to Council (action item, resolution).
o One such review with P&Z and Council each quarter will be
processed until the affordable housing credits availability issue is
resolved.
o Permit applicants must wait until the next scheduled hearing for
their request to be processed.
o Planning Staff will coordinate the scheduling and staffing of
these reviews.
• This process will require an agreement to pay form and first page of the
land use application packet with a flat planning fee of$325.
- -- — -o- A Pre -Application Summary Letter IS NOT -required. -- -
o All applicants for this process must first demonstrate in writing
that no credits are available for purchase, AND
- _ o -Must have o buildina permit under active review.
• 1f an applicant is able to purchase credits while -their fee -in -lieu request- -
is being processed, then their application is nullified, and they proceed
with no refund of the $325 flat fee through the normal extinguishment
and permitting process.
• Please also review the attached Mitigation Options for Single Family or
Duplex handout. There are possible alternatives for mitigation available
such as deed restrictions on either your projector another existing unit
with the Aspen Infill Area, or a deferral agreement.
Once either an Affordable Housing Certificate in the appropriate amount and
category is extinguished, or P&Z and City Council have approved fee -in -lieu
mitigation, as set forth above, then Zoning wilt formally sign off on the building
permit application, and the permit will be issued."
✓ Append to email the first page of the Land Use Application and Agreement to Pay Fees
✓ Append the Mitigation Options for Single -Family or Duplex handout— in case an owner wishes
to pursue a deferral agreement, or deed restriction.
2) The building permit applicant completes the land use application form, agreement to pay form
and provides written demonstration that no credits are available for purchase.
3) Applicant emails the application directly to the Zoning Staff member who reviewed the permit.
4) The application is then entered, by the Zoning Staff member, into Salesforce as a Land Use
Application and then chatters the Planning Staff member designated responsible for processing
the quarterly P&Z and City Council review and approval procedures.
5) Additionally, to assist with tracking those requests that are to be forwarded to P&Z and City
Council on a quarterly basis, the request will also be logged into an Excel Spreadsheet located on
the G: drive. G:\PLANNING\Data Tracking\AH Mitigation Via Fees In Lieu_Quarterly Requests
6) Currently, the City Attorney's Office does not believe public notice is required for either the P&Z
or City Council review of these requests. Rather, each body must pass a simple resolution
approving the Affordable Housing Mitigation to be satisfied wholly by fees -in -lieu, up to a
maximum of 1.5 FTE's.
Policy Effective Date: This Administrative Policy was provided on January 20, 2022 and shall become
effective on the same date and remains valid until such time as either the land use code is amended to
set forth alternative methods for Affordable Housing Mitigation, or Affordable Housing Certificates are
again available on the free market. This policy process can be terminated at any time that the City
deems appropriate and upon that date, no more applications will be accepted. Upon the 2022
Moratorium being lifted, this policy shall be reevaluated.
0
March 6, 2025
Planning Director
City of Aspen
RE: 1380 Riverside Dr
Affordable Housing Cash-in-Lieu Payment Request
City of Aspen Land Use Review,
Please accept this request to meet affordable housing mitigation requirements via a cash-
in-lieu payment for an expansion of the 1380 Riverside Drive property.
The property contains an existing home that will be demolished, a new single family
residence will be constructed in its place. The development requires the mitigation of
0.65 FTEs of employee housing. Early in the development process, .46 FTEs were
acquired, as this would have been sufficient at the time for the requirements of the
project. Since then, a rule change has been implemented increasing the amount of FTEs
required. This project is currently requiring 0.65 FTEs. This project will require an
additional .19 FTEs above the .46 FTEs that were previously acquired. An open market
search for available FTEs has been completed and none are currently available. This
amount exceeds the by-right allowance for a cash-in-lieu payment.
The map above shows the 1380 Riverside Drive Property
The new construction permit is under review and is close to issuance. We appreciate
your expeditious review of this request as certain contractual obligations are at risk if this
request is delayed.
While the permit appears almost ready for issuance, please keep in mind that slight
discrepancies in measurements may still be realized and/or a change order could be
submitted that affects the exact amount of housing mitigation due. We respectfully
request that any adjustments to the mitigation required for this project subsequent to the
City Council review be handled administratively and additional payments or refunds be
accommodated accordingly.
The property is legally defined as Riverside Subdivision Block 1 Lot 2. The property is
owned by Susan Zane, of 1380 Riverside Dr LLC. Managing Partner Andrew Roberts is
authorized to represent the owner’s interests before the City of Aspen.
1380 Riverside Dr
Page 2
This request complies with Section 26.470.110.c – Provision of Affordable Housing Via
Fee-in-Lieu Payment. Detailed responses to this criterion are provided below.
26.470.110.c – Provision of Affordable Housing Via Fee-in-Lieu Payment
The provision of affordable housing in excess of 0.10 Full-Time Equivalents (FTEs) via a
fee-in-lieu payment, upon a recommendation from the Planning and Zoning Commission
shall be approved, approved with conditions or denied by the City Council based on the
following criteria:
(1) The provision of affordable housing on site (on the same site as the project
requiring such affordable housing) is impractical given the physical or legal parameters
of the development or site or would be inconsistent with the character of the
neighborhood in which the project is being developed.
Response: The 1380 Riverside Dr property is in the center of a single-family and
duplex neighborhood. The development of affordable housing on this property
would be inconsistent with the character of the neighborhood and impractical given
the physical layout of the site.
(2) The applicant has made a reasonably good-faith effort in pursuit of providing the
required affordable housing off site through construction of new dwelling units, the
deed restriction of existing dwelling units to affordable housing status, or through the
purchase of affordable housing certificates.
Response: The prospect of pursuing an off-site development of a fraction of a
dwelling unit to house .09 employees is unrealistic. The land purchase alone would
be several million dollars and together with construction costs render this option
prohibitive. Properties eligible for “buy-down” to affordable rates are not for sale
and the costs of purchasing a 2 or 3 bedroom unit on the open market would be
drastically out of proportion to the impact of the home development. The Applicant
has made a good faith effort in securing affordable housing credits; however, none
are available at this time.
(3) The applicant has made a reasonably good-faith effort in pursuit of providing the
required affordable housing through the purchase and extinguishment of Certificates
of Affordable Housing Credit.
Response: The Applicant has made good faith efforts to secure affordable
housing credits from known owners. A portion of the required credits were
purchased in November of 2021 when credits were available. Currently credit
owners are not willing to sell and the market is “dry.”. No affordable housing
credits are available for purchase at this time.
Page | 4
1380 Riverside Dr
Page 3
(4) The proposal furthers affordable housing goals, and the fee-in-lieu payment will
result in the near-term production of affordable housing units.
Response: The City’s fee-in-lieu rate is based on actual development costs with
an annual adjustment to account for changing development costs. The fee-in-lieu
system is designed to enable the community to achieve its affordable housing
goals and result in the near-term production of affordable housing. The City’s
affordable housing development efforts are ongoing with various purchase and
new development opportunities. The provision of this cash-in-lieu will result in the
near-term production of affordable housing.
We respectfully request the City accept and approve this request to meet the affordable
housing obligation of the 1380 Riverside property through a cash-in-lieu payment.
Approving this request will enable this residential project to move forward.
Please let us know if additional information is needed. We look forward to your review and
will make ourselves available for any questions or concerns you have.
Kind Regards,
Andrew Roberts, Riverside Venture Group
1380 Riverside Dr LLC DBA Riverside Venture Group
ARR
Page | 5
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
Agreement to Pay Application Fees
An agreement between the City of Aspen (“City”) and
Address of Property:
Please type or print in all caps
Property Owner Name: Representative Name (if different from Property Owner):
Billing Name and Address - Send Bills to:
Contact info for billing: e-mail: Phone:
I understand that the City has adopted, via Ordinance No. 20, Series of 2020, review fees for Land Use applications, and
payment of these fees is a condition precedent to determining application completeness. I understand that as the property
owner, I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees
are non-refundable.
$. flat fee for . $. flat fee for
$. flat fee for . $. flat fee for
For deposit cases only: The City and I understand that because of the size, nature, or scope of the proposed project, it is not
possible at this time to know the full extent or total costs involved in processing the application. I understand that additional
costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete
processing, review, and presentation of sufficient information to enable legally required findings to be made for project
consideration unless invoices are paid in full.
The City and I understand and agree that invoices sent by the City to the above listed billing address and not returned to the
City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an
invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy, including consequences for non-payment. I agree to
pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does
not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I
agree to pay additional monthly billings to the City to reimburse the City for processing my application at the hourly rates
hereinafter stated.
$ deposit for hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$ deposit for hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour.
City of Aspen:
Phillip Supino, AICP
Community Development Director
City Use:
Fees Due: $ Received $
Case #
Signature:
PRINT Name:
Title:
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
LAND USE APPLICATION
APPLICANT:
REPRESENTIVATIVE:
Description: Existing and Proposed Conditions
Review: Administrative or Board Review
Required Land Use Review(s):
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage Lodge Pillows Free Market dwelling units
Affordable Housing dwelling units Essential Public Facility square footage
Have you included the following? FEES DUE: $
Pre-Application Conference Summary
Signed Fee Agreement
HOA Compliance form
All items listed in checklist on PreApplication Conference Summary
Name:
Address:
Phone#: email:
Address:
Phone #: email:
Name:
Project Name and Address:
Parcel ID # (REQUIRED)
April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a Homeowner Association
Compliance Form (this form) certifying that the scope of work included in the land use application
complies with all applicable covenants and homeowner association policies. The certification must be
signed by the property owner or Attorney representing the property owner.
Property
Owner (“I”):
Name:
Email: Phone No.:
Address of
Property:
(subject of
application)
I certify as follows: (pick one)
□This property is not subject to a homeowner association or other form of private c ovenant.
□This property is subject to a homeowner association or private covenant, and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary.
□This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners a ssociation or covenant beneficiary.
I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the
applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I
understand that this document is a public document.
Owner signature: Date:
Owner printed name:
or,
Attorney signature: Date:
Attorney printed name:
PRE-APPLICATION CONFERENCE SUMMARY
PRE-25-031
DATE: 03.05.2025
PLANNER: Magda Dziwosz. 970.230.1309. magda.dziwosz@aspen.gov
REPRESENTATIVE: Andrew Roberts. 970.615.0665. andrewryanroberts@me.com
PROJECT LOCATION: 1380 Riverside Dr
PARCEL ID: 2737-181-17-002
REQUEST: Affordable Housing Mitigation Cash-in-Lieu Payment
DESCRIPTION: The Applicant is interested in meeting affordable housing mitigation
requirements for the subject property via fee -in-lieu.
Pursuant to Land Use Code Section 26.470.110.c, Provision of Affordable Housing Via Fee-in-
Lieu Payment, mitigating via fee-in-lieu for more than 0.10 Full-Time Equivalents (FTEs) requires
a recommendation from the Planning and Zoning Commission followed by a final decision by the
City Council. The following criteria must be met:
1. The provision of affordable housing on-site (on the same site as the project requiring such
affordable housing) is impractical given the physical or legal parameters of the
development or site or would be inconsistent with the character of the neighborhood in
which the project is being developed.
2. The applicant has made a reasonably good -faith effort in pursuit of providing the required
affordable housing off-site through the construction of new dwelling units, the deed
restriction of existing dwelling units to affordable housing status, or through the purchase
of affordable housing certificates.
3. The applicant has made a reasonably good -faith effort in pursuit of providing the required
affordable housing through the purchase and extinguishment of Certificates of Affordable
Housing Credit.
4. The proposal furthers affordable housing goals, and the fee -in-lieu payment will result in
the near-term production of affordable housing units.
The City Council may accept any percentage of a project's total affordable housing mitigation to
be provided through a fee-in-lieu payment, including all or none. Council’s decision shall be
conducted as an action item and memorialized via resolution.
Following review and approval from P&Z and Council, any change orders or modifications
resulting in a net increase in mitigation requirements above 0.10 FTEs will trigger P&Z and Council
approval again per Chapter 26.470.110.c. The Applicant assumes responsibility for submitting an
application that accurately reflects mitigation requirements and should not submit such a request
prematurely.
RELEVANT LAND USE CODE SECTIONS:
Section Number Section Title
26.304 Common Development Review Procedures
26.470.110.c Provision of Affordable Housing Via Fee-in-Lieu Payment
HELPFUL LINKS:
• Land Use Application (PDF)
• Land Use Code (PDF)
REVIEW BY:
• Staff for completeness and recommendation
• Planning and Zoning Commission for recommendation followed by a final decision
from the City Council
PUBLIC HEARING: No
PLANNING FEES: $325 flat fee.
REFERRAL FEES: None
TOTAL DEPOSIT: $325.00
APPLICATION CHECKLIST: Below is a list of submittal requirements for this review. Please
email the entire application as one pdf to cdehadmins@aspen.gov. Include PRE-25-031 in
the subject line. If more than 18 months has lapsed since this letter was issued, please
reach out to planneroftheday@gmail.com.
Completed Land Use Application and signed Fee Agreement. (A link to these documents
is provided above.)
Pre-application Conference Summary (this document).
A written letter addressing the criteria described on the previous page of this document.
The letter should include the number of FTEs/mitigation requirements associated with the
request.
Once the copy is deemed complete by staff, the following items will then need to be submitted:
Total fee for review of the application.
Depending on further review of the case, additional items may be requested of the
application. Once the application is deemed complete by staff, the applicant/applicant’s
representative will receive an e-mail requesting submission of the deposit. Once the
deposit is received, the case will be assigned to a planner and the land use review will
begin.
Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City.
The summary is based on current zoning, which is subject to change in the future, and upon
factual representations that may or may not be accurate. The summary does not create a legal
or vested right.
RESOLUTION #06
SERIES OF 2025
I llllll lllll lllll lllll lllll lllll 111111111111111111111111111111111111111 IIII •
RECEPTION#: 709417, R: $18.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 2, 05/16/2025 at 10:46:44 AM
Ingrid K. Grueter, Pitkin County, CO
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, the Community Development Director signed Administrative Policy O 1-
2024 into effect on April 30, 2024, allowing for projects that generate up to 2.0 FTEs to be allowed
to mitigate via fee-in-lieu through the review procedures pursuant to 26.470.110.C -Provision of
-required affordable housing via a fee-in-lieu payment; 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, 2025, the Planning and Zoning Commission
considered the request of one property owner to pay fee-in-lieu to meet affordable housing
mitigation requirements, and reviewed staff's memo, and by a six -zero (6-0) vote approves
Resolution #06, Series of 2025, recommending Council consideration and approval of the requests
to pay fee-in-lieu for QI of 2025.
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 required to extinguish the
0.46 FTEs obtained through the Affordable Housing Credits Program prior to building permit
issuance and pay up to 2.0 FTEs via fee-in-lieu to meet affordable housing mitigation requirements:
• 1380 Riverside Drive-0.19 Category 2 FTEs at the 2024 rate of $424,288.
Permit# 0071-2024-BRES
Planning and Zoning Commission
Resolution #06, Series of2025
Page I of2
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:
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 7th day of May 2025.
Approved as to form:
Attest:
~~=: cyTerry, Deputy Clerk
Approved as to content:
Planning and Zoning Commission
Resolution #06, Series of 2025
Page 2 of2