HomeMy WebLinkAboutresolution.council.036-05RESOLUTION NO. 36
(SERIES OF 2005)
A RESOLUTION OF THE ASPEN CITY COUNCIL ALLOWING FOR THE LITTLE
NELL HOTEL TO PROVIDE EMPLOYEE HOUSING MITIGATION OUTSIDE OF THE
ASPEN CITY LIMITS FOR A 217 SQUARE FOOT EXPANSION TO NET LEASABLE
SPACE, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an administrative
GMQS exemption and SPA amendment application from the Aspen Skiing Company requesting
approval to expand the greenhouse area at the Little Nell Hotel by approximately 217 square feet
of net leasable area; and,
WHEREAS, in conjunction with the request to expand the Little Nell Hotel, the
Applicant requested the ability to deed restrict Unit #21 at the Heatherbed Lodge to satisfy the
employee housing mitigation requirements associated with the application; and,
WHEREAS, the Heatherbed Lodge is located outside of the City limits and Staff
considered the request to provide employee housing mitigation outside the City limits as being a
housing policy decision that City Council has the authority to decide upon; and,
WHEREAS, the Applicant requested approval of the housing policy decision to allow
for the employee housing mitigation at the Heatherbed prior to City Council's approval
Ordinance No. 21, Series of 2005, amending the Growth Management Quota System to establish
a formal, codified process to request the ability to provide employee housing mitigation outside
the City Limits; and,
WHEREAS, the Corrununity Development Department, the Aspen/Pitkin County
Housing Authority recommended that City Council approve the request to allow for deed
restricting Unit//21 at the Heatherbed Lodge to serve as employee housing mitigation for the 217
square foot expansion at the Little Nell Hotel; and,
WHEREAS, during a public meeting on May 23, 2005, the City Council approved, by a
four to zero (4-0) vote, the request to allow for deed restricting Unit #21 at the Heatherbed Lodge
to serve as employee housing mitigation for the 217 square foot expansion at the Little Nell
Hotel; and,
WHEREAS, the Aspen City Council has reviewed and considered the request pursuant to
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,
WHEREAS, the Aspen City Council finds that the request meets or exceeds all applicable
development standards and that the approval of the request, with conditions, is consistent with the
goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the Aspen City Council finds that this Resolution furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY
COUNCIL as follows:
Section 1
Pursuant to the procedures and standards set forth in the Aspen Municipal Code, the request to
allow for deed restricting Unit #21 at the Heatherbed Lodge to serve as employee housing
mitigation for the 217 square foot expansion at the Little Nell Hotel is hereby approved with the
following condition.
1. The total amount of employee housing mitigation credit that is not used for the 217
square foot expansion of net leasable space to the Little Nell Hotel is 1.681 FTE's. The
1.681 FTE credit shall be available for future use by the Aspen Skiing Company to
mitigate for future development that requires employee housing mitigation. At any time
the credits are used for future development, the applicant shall record a document with
the Pitkin County Clerk and Recorder's Office specifying the number of employee
housing credits used and remaining to help keep track of the credits.
Section 2:
This Resolution shall not effect 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.
APPROVED by the Aspen City Council at its regular meeting on May 23, 2005.
APPROVED AS TO FORM:
ATTEST:
Kathryn K~n, City Clerk