HomeMy WebLinkAboutresolution.apz.018-02 A RESOLUTION OF THE ASPEN PLANNING MD ZONING COMISSiON
RECOMMENDING APPROV~ TO CIT~C0~C~ ~ ~MEND SECTION
26.710.090(B)(7) ALLOWING THE ABILITY TO PAY CASH-IN-LIEU AS AN
ACCEPTABLE FORM OF AFFORDABLE HOUSING MITIGATION
PARCEL NO. 2735-124-68,004
RESOLUTION #02-018
WHEREAS, the Community Development Department received an application
from Paul Sandler, ("Owner"), represented by Raul Gawrys, requesting to amend the
City's Land Use Code Section 26.710.090(B)(7) to allow the ability to pay cash-in-lieu as
an acceptable form of affordable housing mitigati°n; and
WHEREAS, the Owner requested the Planning and Zoning Commission sponsor
this amendment to City's Land Use Code Section 26.710.090(B)(7) allowing the ability
to pay cash-in-lieu as an acceptable form of affordable housing mitigation; and
WHEREAS, on January 29, 2002, the Plazming and Zoning Commission agreed
to sponsor a code amendment to amend the City's Land Use Code Section
26.710.090(B)(7) allowing the ability to pay cash-in-lieu as an acceptable form of
affordable housing mitigation; and
WHEREAS, upon review of the application, referral comments, and the
applicable Land Use Code standards, the Community Development Department
recommended approval of the proposed amendment to the City's Land Use Code Section
26.710.090(B)(7) allowing the ability to pay caSh-in-lieu as an acceptable form of
affordable housing mitigation; and
WHEREAS, the AsPen Planning and ZOning Commission has reviewed and
considered the proposed amendment to the City's Land Use Code Section
26.710.090(B)(7) allowing the ability to pay cash-in-lieu as an acceptable form of
affordable houSing mitigation under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered the recommendation of the Community
Development Director, the applicable referral agencies, and has taken and considered public
comment at a public hearing; and
WHEREAS, the Planning and Zoning Commission forwarded a recommendation
of approval to the City Council, by a vote of five to one (5 - 1), for the proposed
amendment to the City's Land Use Code SeCtion 26.7i0:090(B)(7) allowing the ability to
pay cash-in-lieu as an acceptable form of affordable housing mitigation; and
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
approval of the development proposal, with conditions, is consistent with the goals and
elements of the Aspen Area Community Plan; and
46951~
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this
Resolution furthers and is necesSarY for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF AspEN, cOL0~ 0~ ~i~' ~T~ DAY OF
JUNE 2002, THAT:
Section 1
Section 26.710.090(]3)(7) which defines the types of permitted uses allowed in the
Resident / Multi-family (R/MF) zone district, is hereby amended to include additional
language to read as follows: (Existing text is written in italics and the additiOnal new
language is written in underlined bold italics.)
7. Two detached residential dwellings on a lot with a minimum of 6,000
square feet, of which one unit shall be restricted as affordable housing to the
middle-income price and occupancy guidelines. The affordable housing unit shall
comprise a minimum of one-third (1/3) of the total area of the duplex. In the
alternative, both may be free market units if an accessory dwelling unit shall be
provided for each unit or a payment shall be made to the Aspen/PitMn County
Housing Authority in an a[[ordable hOU~h~ im~t~i'teee t~ be c~iCulated
Section 2
Pursuant to the procedures and standards set forth in Title 26 of the ASpen Municipal
Code, the request to amend the City's Land Use Code Section 26.710.090(B) allowing
the ability to pay cash-in-lieu as an acceptable form of affordable housing mitigation is
recommended for approval With the following conditions stated herein.
Section 3
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public heating or
documentation presented before the City of Aspen Planning and Zoning Commission, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fullY set forth herein, unless amended by an authorized entity.
Section 4
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 5
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 jur/Sdiction, such portion
shall be deemed a ~eparate, distinct and independent provision and shall not affect the
Validity Of the remaining portions thereof.
Section 6
A public hearing on the resolution was held 0~ the 4~ day of June at 5:00 in the City Council
Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a
public notice of the same was published in a newspaper of general circulation within the City
of Aspen.
APPROVED by the Commission at i~s regular meeting on June 4th, 2002.
APPROVE~D AS TO FORM: PLANNING AND ZONING COMMISSION:
City ~omey ~ J~mine TY~e, Char [ ~
ATTEST:
i¢ Lothian, Deputy City Clerk
07/05/2002 10:2111
SILVIA DAVIS PITKIN COUNTY CO R 15,00 O 0.00 ~/