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HomeMy WebLinkAboutresolution.council.007-94 RESOLUTION NO.~ (series of 1994) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO~ APPROVING THE HOUSING MITIGATION PROPOSAL FOR THE 1993 COMMERCIAL GROWTH MANAGEMENT ALLOTMENT FOR THE GALENA PLAZA BUILDING LOCATED AT 420 E. MAIN STREET (GALENA PLAZA CONDOMINIUM UNIT I ON THE MALF OF LOT i AND ALL OF LOTS M,N,O,P,Q,R, AND S, BLOCK TOWNSITE OF ASPEN) WHEREAS, on December 6, 1993, the City Council of the city of Aspen awarded commercial/office development allotments in the CC (Commercial Core) zone district for 1993 pursuant to Resolution No.85 (Series 1993) 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 Galena Plaza was awarded 4,400 square feet of net leasable area within the 1993 commercial/office development allotments; and WHEREAS, the development of the Galena Plaza project must mitigate for 11.55 employees; and WHEREAS, the Galena Plaza project has requested that the City Council approve an affordable housing mitigation package in which it shall deed restrict all nine (9) of the existing dwelling units in the Kandahar apartment building located on the Galena Plaza property; and WHEREAS~ the Aspen/Pitkin County Housing Board reviewed the proposed mitigation package on December 1, 1993 and recommends its approval by City Council by making the following findings: 1. The total area required to mitigate for 11.55 employees (4,100 s.f.) is exceeded by this proposal (4,810 s.f,); however, all units are below the Housing Guidelines' net livable square footage recommendations. 2. This is an existing structure and the Board believes some 1 flexibility is warranted. 3. The Housing Guidelines' square footage minimums are a guide and may be reduced with good reason (note 2, pg.13 of the Guidelines). ; and WHEREAS, the City Council has determined the Galena Plaza 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, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLOPd%DO THAT: In accordance with Section 24-8-109(J) of the Aspen Municipal Code, City Council does hereby accept the employee housing mitigation plan for 11.55 employees as required by the Galena Plaza!project to be nine deed restricted units known as the Kandahar Apartments existing on the Galena Plaza property with the following conditions: 1) The applicants shall receive credit for housing 11.55 employees and no additional credit shall be carried into the future and the Kandahar Apartments cannot be utilized to meet any future affordable housing mitigation. This limitation is made due to the substandard size of the existing units. 2) Prior to the issuance of any building permits for the Galena Plaza project, the applicant shall agree in writing to non- Building Code improvements. The basis of this agreement letter is an inspection of these units by the Housing office Chief of Property Management and Assistant Director. 3) The applicant shall upgrade the entire building to the requirements in the Uniform Building Code health and safety regulations. 4) The applicant shall deed restrict the Kandahar units to the following categories and rental rates. The rental rates are based upon the sizes of the units rather than the bedroom count due to the substandard size of the units. UNIT CATEGORY RENTAL RATE UNIT TYPE 1 1 Cat i/studio studio 2 2/3 2 Cat 2/2 bdrm 2 bdrm 4 1 Cat 1/1 bdrm 2 bdrm 5 1 Cat i/studio 1 bdrm 6/7 2 Cat 2/2 bdrm 2 bdrm 8 1 Cat 1/1 bdrm 2 bdrm 9 1 Cat i/studio 1 bdrm 10/11 2 Cat 2/2 bdrm 2 bdrm 12 1 Cat 1/1 bdrm 2 bdrm 5) Prior to issuance of any building permits for the Galena Plaza project, the applicants shall execute a deed restriction in a form satisfactory to the City Attorney and the Aspen/Pitkin County Housing Authority. Proof of recordation of the restriction with the Pitkin County Clerk and Recorder shall be forwarded to the Housing Authority and the Planning office. oated: , 1994. John Bennett, Mayor 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 ~~ ~ , 1994. , City Clerk