HomeMy WebLinkAboutresolution.apz.017-2017 RECEPTION#: 644364, R: $23.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 3, 01/11/2018 at 01:54:27 PM
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION NO. 17
(SERIES OF 2017)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING GROWTH MANAGEMENT REVIEW AND THE ESTABLISHMENT OF
CERTIFICATES OF AFFORDABLE HOUSING CREDIT FOR 210 W. MAIN STREET,
LOTS P & Q, BLOCK 51, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel ID: 2735-124-40-009
WHEREAS,the Community Development Department received an application from King
Louise, LLC (Applicant), represented by BendonAdams, for the following land use review
approvals:
• Growth Management, pursuant to Land Use Code Chapter 26.470, Growth
Management Quota System,
• Certificates of Affordable Housing Credit, pursuant to Land Use Code Chapter
26.540, Certificates of Affordable Housing Credit; and,
WHEREAS,all code citation references are to the City of Aspen Land Use Code in effect
on the day of initial application, February 21, 2017, as applicable to this Project; and,
WHEREAS, pursuant to Land Use Code Section 26.304.060(B)(1), Combined Reviews,
the Community Development Director may combine reviews where more than one (1)
development approval is being sought simultaneously; and,
WHEREAS, the Aspen Community Development Department reviewed the proposed
Application and recommended approval; and,
WHEREAS,the Aspen/Pitkin County Housing Authority Board of Directors reviewed the
Application on November 1, 2017, and recommended approval with conditions; and,
WHEREAS, the Planning and Zoning Commission reviewed the Application at a duty
noticed public hearing on December 5, 2017, during which time the recommendations of the
Community Development Director, Aspen/Pitkin County Housing Authority and comments from
the public were considered by the Planning and Zoning Commission; and,
WHEREAS,the Planning and Zoning Commission approved Resolution No. 17, Series of
2017, by a four to zero (4 - 0) vote, granting approval with the conditions listed hereinafter.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1: Affordable Housing
The Planning and Zoning Commission hereby grants approval of eight (8) affordable housing
units. The unit types shall be as follows:
1. Eight (8) 2-bedroom units (18 FTEs)
Planning and Zoning Commission
Resolution No. 17, Series 2017
Page I of 3
As represented in the application, the approved units are granted a reduction in the Minimum Net
Livable Square Footage, pursuant to the Aspen/Pitkin County Housing Authority (APCHA)
Employee Housing Guidelines ("Guidelines") as follows:
Unit Approved Net Livable =Minimum NetLivable %Reduction
101 835 900 7
102 846 900 6
103 758.8 900 16
201 846.5 900 6
202 845.6 900 6
203 758.2 900 16
301 845.9 900 1 6
302 845.4 900 1 6
Any further reduction in Net Livable Square Footage for any of the units shall require approval
from APCHA. All units shall meet the requirements of the Guidelines regarding closets, kitchen
appliances, etc. in place at the time of building permit. Each affordable housing unit shall be
individually metered for utilities.
This project is approved as 100% rental units. The following conditions shall apply:
100% Rental Project:
1. Minimum occupancy in accordance with the Guidelines is required for all units.
2. All new tenants shall be approved by APCHA in accordance with the Guidelines prior to
signing a lease and occupying the unit.
3. All leases shall be provided to APCHA and state the length of the lease, the amount of rent,
and signed by both the tenant and the landlord.
Prior to a Certificate of Occupancy being issued for the completed project, deed restrictions for
the units that reflect the requirements of this Resolution shall be approved by the City Attorney
and APCHA and recorded. Final Category designations for all units shall be limited to Category 4
or lower.
Section 2: Certificates of Affordable Housing Credit
The project is approved for the establishment of Certificates of Affordable Housing Credits for 18
FTEs. Final Category designation for the Certificates shall be established as part of the final approved
deed restrictions,in accordance with Section 1 above.The Certificates shall be issued in accordance
with Land Use Code Chapter 26.540, Certificates of Affordable Housing Credit. Prior to issuance
of any Certificates,all eight(8)units shall have a recorded deed restriction and receive a Certificate
of Occupancy.
Section 3:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented
before the Community Development Department and the Planning and Zoning Commission are
Planning and Zoning Commission
Resolution No. 17, Series 2017
Page 2 of 3
hereby incorporated in such plan development approvals and the same shall be complied with as
if fully set forth herein, unless amended by other specific conditions or an authorized authority.
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 jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
FINALLY, adopted, passed and approved this 5th day of December, 2017.
Approved as to form: Approved as to content:
James R True,City Attorney �_ S 'p
Attest: /
Cindy Clob, Records Manager
Planning and Zoning Commission
Resolution No. 17, Series 2017
Page 3 of 3