HomeMy WebLinkAboutordinance.council.005-08ORDINANCE NO. S
(Series of 2008)
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AN ORDINANCE AMMENDING THE ASPEN/PITHIN COUNTY
AFFORDABLE HOUSING GUIDELINES, PART VII, SECTION 12
AFFORDABLE HOUSING DEDICATION FEE
AS RECOMMENDED BY THE
ASPEN/PITKIN COUNTY HOUSING AUTHORITY
BOARD OF DIRECTORS
WHEREAS, pursuant to the Municipal Code of the City of Aspen, as amended, the
Housing Income, Eligibility Guidelines and Housing Price Guidelines are to be established by the
City Council; and
WHEREAS, pursuant to prior resolutions and ordinances of the City, the City Council
established Employee Housing Income-Eligibility Guidelines and Housing Price Guidelines for
prior years; and
WHEREAS, the Aspen/Pitkin County Affordable Housing Guidelines ("Guidelines)
recommended by the Board of Directors of the Housing Office of the City of Aspen and Pitkin
County, a copy of which is annexed hereto and incorporated herein, has been submitted to City
Council which Guidelines set forth the Housing Office qualification guidelines for Category 1, 2, 3,
4, 5, 6, 7 and Resident Occupied (RO) ownership, rental housing projects, lodge and commercial
development, and development of residential housing units; and
WHEREAS, the City Council desires to adopt said Guidelines, and by virtue of the
enactment of this Ordinance to supersede and amend all prior resolutions and ordinances of the City
pertaining to housing guidelines, but only to the extent inconsistent with the provisions of this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby adopts the amended change to Part VII,
Section 12, Affordable Housing Dedication Fee (Payment-In-Lieu Fee) of the Aspen/Pitkin
County Affordable Housing Guidelines, as recommended by the Board of Directors of the
Aspen/Pitkin County Housing Office, as stated below:
SECTION 12
AFFORDABLE HOUSING DEDICATION FEE
(Paymeut-In-Lieu Fee)
Pursuant to the applicable City or County Land Use Codes, an applicant for a development may,
under certain conditions and subject to certain requirements, satisfy the affordable housing
requirement by payment of an affordable housing dedication fee (payment-in-lieu fee). The number
of employees (affordable housing residents) required to be housed is detemuned by the Employee
Generation schedules contained in the applicable City and County Codes, or included herein. The
time of payment of the fee is prior to the issuance of a building permit. Acceptance of the payment-
in-lieu fee shall be at the sole discretion of the respective governing body at the recommendation of
the Housing Office.
2. All County fees shall be paid to the Pitkin County Finance Director and all City fees shall be paid to
the City Finance Director. A receipt shall be issued by the Finance Director to the applicant for
submission to the Community Development Director as verification of payment, with a copy of the
receipt supplied by the developer to the APCHA prior to issuance of a building pemut. The number
of employees generated will be dictated by the applicable City and County codes or included
herein. The City and County Codes will prevail in any conflict between the Guidelines and the
Codes. The Employee Generation Table is included in the City Code for the specific zone districts.
3. Payment-In-Lieu Fee: Category 1
Category 2
Category 3
Category 4
$461,750
$386,340
$364,530
$227,550
The fee required for the construction of an exempt single family home or duplex unit shall be
calculated as follows:
Average of the Category 2 and Category 3 payment-in-lieu fee as specified above, divided by 3,000 square
feet X the net increase in FAR of the new structure will equal the payment-in-lieu payment for replacement
structures. The formula assumes that for every 3,000 square feet of new single family or dup[ex./loor area,
the public will be required to provide housing for one moderate income employee. Currently, that amount
is $386,340 + $364,530 _ 2 = $375,435 = 3,000 = $115.15 per square joot of new structure.
When any other payment-in-lieu fee is required and the category is not specified, an average of
Category 2 and 3 will be used to calculate the amount owed.