HomeMy WebLinkAboutresolution.council.045-93 City Council Exhibit
Ap~roved
By Ordinance
RESOLUTION NO.2~
(SERIES OF 1993)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN~ COLOBADO
AMENDING RESOLUTION 14, SERIES OF 1991, APPROVING HOUSING
MITIGATION FOR THE 1990 GMP APPLICATION FOR 409 EAST HOPKINS, THE
NORTH 80 FEET OF LOTS D, E, AND F~ BLOCK 88~ ASPEN~ COLOR~DO
WHEREAS, the Aspen City Council (hereinafter "Council)
approved Resolution 14 on March 25, 1991; and
WHEREAS, Resolution 14 approved the employee housing
mitigation proposal for the 409 East Hopkins commercial growth
management allocation that was awarded in January of 1991; and
WHEREAS, the Resolution included a condition of approval that
a deed restriction was to be filed by the applicant which prohibits
the use of any commercial net leasable square footage as a food
service establishment or restaurant; and
WHEREAS, the applicant volunteered the deed restriction in
order to reduce the original requirement of 4 employees per 1000
square feet of net leasable space to 3.7 employees per 1000 square
feet of net leasable space thus reducing the overall employee
mitigation by 1.7 employees; and
WHEREAS, it has come to the attention of staff that condition
of approvals ~5 and #6, outlining the circumstances under which the
deed restriction may be lifted, are in error and staff recommends
that the Council amend Resolution 14, Series of 1991.
NOW THEREFORE BE IT RESOLVED by the Aspen City Council that it does
hereby amend Resolution 14, Series of 1991 to correct conditiOns
of approval #5 and #6 to read as follows:
5. Prior to the issuance of any building permits, 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 development in favor of the City so as to
prohibit the utilization of any net leasable square footage for use
as a food service establishment or restaurant. The deed
restriction shall reduce the 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 condition 5 above, will
be removed by the City Council of the City of Aspen if a restaurant
or food service establishment is proposed and approved for the
premises, at which time the applicant shall be required to mitigate
for affordable housing in accordance with the Aspen/Pitkin County
Housing guidelines then in effect, o~~
RESOLVED, APPROVED, AND ADOPTED this~ day 993 by the
city Council for the city of Aspen, Colorado.
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 ~ty Council of the City of Aspen, Colorado at a
meeting held ~ ~ , 1993.