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HomeMy WebLinkAboutordinance.council.017-09Ordinance No. 17 (Series of 2009) AN ORDINANCE ADOPTING AMENDMENTS TO THE ASPEN/PITHIN COUNTY EMPLOYEE HOUSING GUIDELINES WHEREAS, pursuant to the Municipal Code of the City of Aspen, as amended, the housing income, eligibility guidelines and housing price guidelines are established by the City Councii; 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 Adopting Amendments to the Employee Housing Guidelines (hereinafter "Guidelines") has been recommended by the Board of Directors of the Aspen/Pitkin County Housing Authority, a copy of which is annexed hereto and incorporated herein, has been submitted to City Council which Guidelines set forth the employee housing qualification guidelines for Category 1 through 7 and RO ownership, rental housing projects, lodge and commercial development, and development of residential housing units; and WHEREAS, the City Council desires to adopt said Amendments to the 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: Ordinance No.(Series2009) Section 1 That the City Council of the City of Aspen hereby adopts the Amendments to the Employee Housing Guidelines, as recommended by the Board of Directors of the Aspen/Pitkin County Housing Authority, a copy of said amendments is annexed hereto and incorporated herein as Exhibits A, B and D. Section 2 That the regulations and Guidelines set forth and adopted herein shall supersede, to the extent inconsistent with the provisions of this Ordinance, all prior resolutions and ordinances of the City of Aspen; provided further that the provisions of resolutions and ordinance pertaining to employee housing guidelines shall remain in full force and effect to the extent not inconsistent with the regulations and guidelines adopted herein. Section 3 If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4 Nothing in this Ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this Ordinance, and the same shall be continued and concluded under such prior ordinances. Section 5 A public hearing on the Ordinance shall be held on the 27`h date of July 2009, in the City Council Chambers, City Hall, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 13`h day of July 2009. ATTEST: Kathryn S. K ,City Clerk Ordinance No. (Series2009) FINALLY adopted, passed and approved *''~° "`h ~°~~ ^f rr~~° ~nno ATTEST: Kathryn S. Ko ,City Clerk Ordinance No. (Series2009) EXHIBIT A PART III PURCHASING AFFORDABLE HOUSING SECTION 4 MAINTAINING ELIGIBILITY FOR OWNERSHIP OF AFFORDABLE HOUSING Owner's Responsibilities: 1. Owner must meet and maintain all of the initial qualifications previously stated in Section 1 except for the income/asset qualification and the minimum occupancy requirement. 2. Owner must make timely payment of all regular and special assessments duly imposed upon the property by the applicable homeowners' association. Once an owner receives a Notice of Violation letter from the Housing Office, the owner must provide the documentation requested by the deadline stated in the letter. EXHIBIT B PART III PURCHASING AFFORDABLE HOUSING EXCEPTIONS TO PRIORITIES SUBJECT TO (SPECIAL REVIEW): 4. It is within the discretion of APCHA to determine that any deed-restricted unit located in a condominium or subdivision, which also includes free-market units, has been rendered unaffordable as adeed-restricted unit as a result of general or special assessments. The owner(s) of the deed-restricted unit will have the highest priority to move into a like unit at the same category of the unit currently owned. The APCHA, City of Aspen, or Pitkin County will have the highest priority to purchase the unit that the owner is currently in at the maximum resale price according to the deed-restriction recorded on said property and subject to the provisions of these Guidelines. The APCFIA may release the deed-restriction on said property and sell the property at fair-mazket value as afree-market property. The APCHA will be reimbursed the amount of the purchase price of said unit plus a 2% sales fee with the balance of the funds going to the City or County for future development of deed-restricted housing. If the APCFIA, City or County paid in any additional assessments, those funds shall also be reimbursed to APCHA, City or County. The APCFIA shall only approve deed-restricted units in mixed projects IF the condominium declarations include adequate provisions limiting assessments on the deed-restricted units so that they will remain affordable. EXHIBIT D PART X DEFINITIONS Ownershia Exelusioa Zone -Any developed residential property that has an address within the Roaring Fork River Drainage situated in Eagle, Pitkin, Garfield or Gunnison Counties, or within the Colorado River Drainage from and including the unincorporated No Name azea to and including Rifle, and including, but not limited to, the towns of Aspen, Basalt, Cazbondale, El Jebel, Glenwood Springs, Marble, Meredith, New Castle, No Name, Redstone, Rifle, Snowmass, Snowmass Village, Woody Creek. Residential DwelGne Unit -Any residential property that has an address within the Roazing Fork River drainage situated in Eagle, Pitkin, Garfield or Gunnison Counties, or within the Colorado River Drainage from and including the unincorporated No Name area to and including Rifle.