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HomeMy WebLinkAboutordinance.council.005-08ORDINANCE NO. S (Series of 2008) ~~~ 1 ~~Z~l ~~ 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.