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Planning and Zoning Commission
Res. XX No., Series of 2022
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RESOLUTION NO. XX
(SERIES OF 2022)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING APPROVAL BY CITY COUNCIL OF THE ABILITY OF CERTAIN
DEVELOMENT 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 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 February 15, 2022, the Planning and Zoning
Commission considered the requests of four property owners to pay Fee-in-Lieu in meeting
affordable housing mitigation requirements, and reviewed staff’s memo, and by a X - X (X-X)
vote approves Resolution No. XX, Series of 2021, 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:
Planning and Zoning Commission recommends the following projects be allowed to pay Fee-in-Lieu
in meeting affordable housing mitigation requirements:
1195 Black Birch – Building Permit - .45 FTE / Category 2 - $169,414
1245 Mountain View Drive – AH Mitigation Deferral - .29 FTE / Category 2 - $109,178
1315 Sage Court – Building Permit - .27 FTE / Category 2 - $101,648
543 and 549 Walnut St. (Duplex) - .73 FTE / $274,827
Planning and Zoning Commission
Res. XX No., Series of 2022
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The FTE and valuations of the Fee-in-lieu as presented are estimates only and will be finalized prior
to building permit issuance.
Section 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:
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 1st day of March 2022.
Approved as to form: Approved as to content:
______________________________ __________________________________
Katherine Johnson, Assistant City Attorney Teraissa McGovern, Chair
Attest:
_______________________________
Cindy Klob, Records Manager