The URL can be used to link to this page

Home My WebLink Aboutordinance.council.013-11 ORDINANCE NO. 13 (Series of 2011) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 25.12.160 OF THE CITY OF ASPEN MUNICIPAL CODE RELATING TO THE WAIVER AND EXEMPTION OF UTILITY INVESTMENT CHARGES FOR CERTAIN AFFORDABLE HOUSING PROJECTS. WHEREAS, the City Council desires to clarify the types of affordable housing projects eligible for exemption from and waivers of the utility investment charges when connecting to the City of Aspen's water system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Section 25.12.160 of the City of Aspen Municipal Code is hereby amended to read as follows: Sec. 25.12.160. Waivers and exemptions from utility investment charges for certain employee housing projects. (a) Purpose. The purpose of this section is to identify those affordable housing projects that may be eligible for exemption from and waivers of the utility investment charges when connecting to the City of Aspen's water system. There are three types of affordable housing projects that are eligible for exemptions or waivers: (i) projects that are determined to be Qualified Employee Housing as defined herein; (ii) affordable housing projects that are eligible to receive Affordable housing Credits pursuant to Chapter 26.540 of the Municipal Code; and (iii) projects that consist of a mix of affordable housing units subject to the Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time; and, unrestricted (free market) units. To be eligible for an exemption or waiver pursuant to this section of the Municipal Code a project shall have installed in all units properly maintained and continuously operable water conservation devices and practices as designated from time to time by the City Council by ordinance, resolution, or by regulations issued by the City Manager. (b) Definitions. As used in this Code, unless the context requires otherwise, the following terms shall be defined as follows: (i) Qualified Employee Housing shall be defined as publicly or privately constructed and owned projects which: * are not constructed for mitigation purposes or which receive any form of Affordable Housing Credits such as those set forth at Chapter 26.540 of the Municipal Code; and * are composed of one hundred percent (100 %) employee housing units; and, * are deed restricted to ensure that all units are subject to, and administered by, Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time; and, * are maintained as qualified employee housing; and (ii) The Fee Waiver Schedule refers to the following schedule of the percent of the utility investment charges that may be waived based upon the category of the units within the affordable housing project. Housing Categories as referenced in the Aspen/Pitkin Fee Waiver County Housing Authority Guidelines, as may be amended from time to time. Level Cate :o 1 Category 2 100% Fee Wavier Cate _o 3 70% Fee Waiver Cate:o 4 40% Fee Waiver Category 5 0% Fee Waiver Cate:o 6 0% Fee Waiver Category 7 0% Fee Waiver Resident Occusied 0% Fee Waiver 0% Fee Waiver 0% Fee Waiver (iii) Affordable and Free Market Mix shall be defined as a project that: * consist of a mix of both deed restricted housing to ensure that all units are subject to the Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time and unrestricted housing (free market) units; and, * were not constructed for mitigation purposes (c) Qualified Employee Housing. Qualified Employee housing shall be exempt from any utility investment charges when connection is made to the City of Aspen's water system. (d) Projects Receiving Affordable Housing Credits. Projects that receive Affordable Housing Credits pursuant to Chapter 26.540 of the Municipal Code are eligible for a waiver of the percentage of the total utility investment charge as set forth in the Fee Waiver Schedule. (e) Affordable and Free Market Mix. Projects that are determined to be Affordable and Free Market Mix of units, and where no mitigation is required for these units or there is no association with free market development, are eligible for a waiver of the percentage of the total utility investment charge as set forth in the Fee Waiver Schedule. 2 Revocation of Exem tions Housing units P and Waivers. In the event that Employee projects receiving Affordable Housing Credits, or projects that aredconsidered Affordable and Free Market Mix projects, receive an exemption or a waiver in accordance with this section, and thereafter fail to continue being affordable housing units as contemplated herein; or, the water conservation devices and practices are not be installed as required, are not properly maintained or continuously operable, the developer of such units and the owners thereof shall be jointly and severally liable to reimburse the City for the cost of the utility investment charges exempted by this Section. xm as notS er or P owner s. The City Manager shall establish a method of unduly burdensome on the developer o accomplishing this fig Tap Fee Waiver Ta . aiver Single Occurrence. Tap Fee waivers for employee housing exemptions are a one -time occurrence at the time of project completion. Additions, remodels, and, or changes that occur after original project completion will not receive a tap a credit for the ECU's assigned to the specific employee housing additional fees due to these improvements. g unit will be allowed P fee waiver, Sect_ That 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 separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Sect. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on the 25` day of A��nl, 2011, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. 3 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on 11 m day April, 2011. Michael C. I an , ayor ATTE r % itD / athryn S. 0 � , City Clerk FINALLY adopted, passed and approved this 25'" day of April, 201 Mic ael C. Ire and, Mayor ATTEST: krahadandit / 11. Kathryn S. Ko ity Clerk JPW- saved: 9 / 2 1/11- water- ah waivers.doc 4 Tue, Apr 12, 2011 12:28:40 6403647 0 Ni t I 2,o I( -r f Ad Ticket #5 �� ( Acct: 1013028 Name: Aspen (LEGALS) City of Phone: (970)920 -5064 Address: 130 S Galena St E-m ANGELA SCOREY Client: Caller: Kathryn Koch C ity: Aspen Receipt State: CO Zip: 81611 Ad Name: 6403647A Original Id: 0 Editions: 8ATI /8ATW/ Class: 0990 Start: 04/17/11 Stop: 04/17/11 Color: Issue 1 Copyline: 6403647 atw Ordinance #13 R ep: AT Legals LEGAL NOTICE ORDINANCE #13, 2011, PUBLIC HEARING Ordinance #13, Series of 2011. was adopted on Lines: 23 first reading at the City Council meeting April 11, Depth: 1 93 2011. This ordinance. if adopted, will approve a code amendment to clarify the types of affordable Columns: 1 housing projects eligible for exemption from and waivers of the utility investment charges when Discount: 0.00 connecting to the City of Aspen's water system. Commission: 0.00 The public hearing on this ordinance is scheduled for April 25, 2011 at 5 PM, City hall, 130 South Net: 0.00 Galena. Tar 0.00 To see the entire text, go to the city's legal notice website Total 11.64 http:/ iWww.aspenpitkin.com/Depanments /Clerk! Legal-Notices/ Payment 0.00 If you would like a copy FAXed or e- mailed to you. call the city clerk's office, 429 -2686. Published in the Aspen Times Weekly on April 13. 2011. [6403647] Ad shown is not actual print size • y • 0 _ 7" ti � n . ry n n n O n 7 ^ rt 'J G hl Q,n a " '� � n 1 + cn O O P.. S 3 .ny n n P rt n h n n o < o n n j a 1' k O O . V/ N O n r O O C 0 A. n Q-' 1 C vi O O J n 0 p, P-. 0 0 O" n r^ a . 7 ' O n Illtra 7;) x o n n ^ rt C ' 0 0 OQ r � C3. 'A ^ n O r .n 6 ' r1 R7 N ^ I < W f'. 0 N 2 G ° C N" v, n 'O O n z ci, N 0 ., r r I �, rt i O ^ p, 2 . ° m 4 a..p .L.. n 0 tr' C o n o � n o v O ° 0 .,'O c 0 2 c' rro = V r Y n u I- .-5 = " . 6' 71 C y. 118 '< N n' , 7' O , n O . O n ^ O r O R rn R9 • f m m3=vs , 4 z e a E'S 3 oO�m.o ;Ai i ngo mc z m `-a m.53-m''3 �Qau2.5tgi ..O Na m ° 9 3 :ma c - S - - m- - 3 c7;° '(•4°' s m Dn3r mm o ci m i o -- m.mm=.ai n _ a9 mm =a 1 'b g 2 ` g 5832amm 8