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HomeMy WebLinkAboutresolution.council.014-91 RESOLUTION NO. 14 (Series of 1991) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING HOUSING MITIGATION FOR THE 1990 GM~ APPLICATION FOR 409 EAST HOPKINS, THE NORTH 80 FEET OF LOTS D AND E AND LOT F, BLOCK 88. WHEREAS, on December 17, 1990, the City Council of the City of Aspen awarded commercial/office development allotments for 1990 pursuant to Resolution No. 58 (Series of 1990) under the growth management quota system as set forth in Article 8 of Chapter 24 of the Municipal Code; and WHEREAS, the development project known as 409 East Hopkins was awarded 1990 commercial/office development allotments in addition to an excess allotment from the 1991 commercial/office growth management development quota; and WHEREAS, the development applicant for 409 East Hopkins must mitigate affordable housing for 20.4 employees; and WHEREAS, the city Council initially rejected the affordable housing mitigation proposal as offered by the developer of the 409 East Hopkins project and was provided direction by the City Council as to other preferred methods of mitigation as authorized under Section $-109(J) of Chapter 24 of the Municipal Code; and WHEREAS, the applicant has now requested that the City Council approve an affordable housing mitigation method by which it shall deliver to Pitkin County, on behalf of the Aspen Pitkin County Housing Authority, an existing apartment building at 414 Park Circle known as the Smuggler Mountain Apartments, mitigating 17.5 employees end further requesting that it not be required to mitigate for the remaining 2.9 employees; and WHEP~EAS, the Housing Authority, at their March 13, 1991 Board meeting, voted to recommend to city Council the acceptance of the applicants mitigation proposal conditioned upon the payment by the applicant of $25,000 to the Aspen Pitkin Housing Authority for improvements to the Smuggler Mountain Apartments and the County's acceptance of ownership of same; and WHEP~EAS, the Pie-kin County Board of Commissioners have entered into a contract whereby the County shall accept and obtain ownership of the Smuggler Mountain Apartment building; and WHEP~EAS, the Pitkin County Board of Comnissioners have entered into a Management Agreement with the Aspen Pitkin County Housing Authority for the management of the Smuggler Mountain Apartments; and WHEREAS, the development applicant has also proposed to deed restrict 409 East Hopkins in favor of the City and, thus reduce its affordable housing mitigation requirements by prohibiting the use of or establishment on the premises of any food service or restaurant operation; and WHEREAS, the City Council has determined the development applicant~s housing mitigation proposal to be fair and equitable and consistent with the mitigation requirements contained in Section 8-109 of Chapter 24 of the Municipal Code. NOW, THEREFOR~ BE IT I~ESOLVED BY.THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that in accordance with Section 8- 109(J) of Chapter 24 of the Municipal Code, the following afford- able housing mitigation method as proposed by the development applicant for 409 East Hopkins is hereby approved and adopted as follows: 1. The applicant shall convey or cause to be conveyed the Smuggler Mountain Apartment building located at 414 Park Circle, Aspen Colorado, to Pitkin County by April 29, 1991, thereby mitigating 17.5 employees. 2. If the County does not take title of 414 Park Circle (Smuggler Modntain Apartments) by April 29, 1991, then this housing mitigation approval is null and void. 3. The applicant shall pay $25,000 to the Housing Authority for improvements to the Smuggler Mountain Apartments on or before April 29, 1991. 4. The County shall execute deed restrictions, satisfactory to the Housing Authority, for the apartments thereby deed restricting them to the APCHA low income, Category i housing guidelines. 5. The applicant shall execute a deed restriction in a form satisfactory to the City Attorney and the Aspen/Pitkin County Housing Authority restricting the 409 East Hopkins devel- opment in favor of the City so as to permanently prohibit the utilization of any net leasable square footage for use as a food service establishment or restaurant. The deed restriction shall reduces the application's original requirement of 4 employees per a 1000 square feet to 3.7 employees per 1000 square feet thus reducing the applicant's total housing mitigation by 1.7 employees. 6. The deed restriction, as specified in paragraph 5 paragraph 5 above, is removed with the consent of the City Council of the City of Aspen and a restaurant or food service establis~ent is proposed and approved for the premises, the applicant shall be rewired to mitigate for affordable housing in according with the Affordable Housing mitigation ~idelines then in effect. 7. The deed restrictions as identified herein shall be executed prior to and as a condition of the issuance of any building permit(s) for the 409 East Hopkins development Dated: , 1991. ,, I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ~~--~/ c~- , 1991. K~ch, C~ above, will be removed by the City Council of the City of Aspen if a resta~ant or food se~ice establishment is proposed for the premises, at which time the applicant shall be required to mitigate for affordable housing in accordance with the Affordable Housing mitigation ~idelines then in effect. 7. The deed restrictions as identified herein shell be executed prior to and as a condition of the issuance of any building permit(s) for the 409 East Hopkins development. Dated: William L. stifling, Mayor I, Kat~yn S. Koch, duly appointed and acting city Clerk do certify that the foregoing is a t~e Md acc~ate copy of ~at resolution adopted by ~e City,,/~. _ ~ I ~C°uncil of the City of Aspen, Colorado, at a meeting held ~///~--~ c~/~- , 1991.