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RECORD OF PROCEEDIR;S
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ORDINANCE NO. 2
(Series of 1986)
AN ORDINANCE OF THE ASPEN CITY COUNCIL REPEALIR; SEClIONS
24-11.4(b)(S), 24-11.S(b) (4) and 24-11.6(b) (4) (bb) OF THE MUNI-
CIPAL CODE OF THE CITY OF ASPEN, COLORADO, WITH RESPECl TO THE
AWARD OF POIRl'S FOR CONVERrIR; EXISTIR; UNITS TO DEED-RESTRIClED
ST~US, AND REPEALIR; AND RE-ENAClIR; SEClIONS 24-11.10(d),
24-11.10 (e) and 24-11.4(b) (4) OF THE MUNICIPAL CODE OF THE
CITY OF ASPEN, COLORADO, TO CLARIFY VARIOUS PROVISIONS WITH
RESPECl TO EMPLOYEE HOUS1R;, AND ENAClIR; A NEW SEClION 24-11.10
(i) (3) TO PROVIDE A CASH-IN-LIEU OPrION FOR EMPLOYEE HOUSIR;
WHEREAS, on October 23, 1985, the Aspen City Council did
in it iate amendments to the Municipal Code of the City of Aspen
with respect to the conversion of non-deed-restricted units to
deed-restricted status and to provide for cash-in-lieu of
employee housing; and
WHEREAS, the Aspen Planning and Zoning Commission (herein-
after "Commission") did hold a public hearing on December 3 and
December 17, 1985, to consider the amendments initiated by
Council and various other employee housing Code amendments
initiated by the Planning Office and Housing Authority and did
adopt Resolution 85-23 making recommendations with respect to
said amendments; and
WHEREAS, the Aspen City Council does wish to accept the
recommendations of the Planning Office, Housing Authority and the
Commission.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Sections 24-1l.4(b) (5), 24-11.5(b) (4) and 24-
11.6 (b) (4) (bb) (and the reference to this section in the Table
found in Section 24-11.6(c)) be repealed and that subsequent
subsections be renumbered appropriately.
Section 2
That Section 24-1l.10(d) be repealed and re-enacted to read
as follows:
n (d) Applicants shall be permitted to provide employee
housing on the same site as the remainder of the
development or on an alternate site, provided that
credit shall only be given for units located within the
City of Aspen or the Aspen Metro Area, as this area is
currently defined by the Aspen/Pit kin County Growth
Management Policy Plan. Applicants proposing to
provide employee housing on an alternative site shall
be required to demonstrate the feasibility of their
proposal through having an interest in the property
and/or units and by specifying the size and type of
units to be provided, and the level of upgrade to be
accomplished. "
Section 3
That Section 24-1l.10(e) be repealed and re-enacted to read
as follows:
n (e) Applicants shall only be eligible to obtain an FAR
Bonus pursuant to Section 24-3.4 by providing employee
housing on the same site as the remainder of the
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development and not by providing said housing on an
alternate site."
Section 4
That Section 24-l1.4(b)(4) be repealed and re-enacted to
read as follows:
"( 4) Provision for low, moderate and middle income housing
(maximum twenty [20] points).
(aa) The commission shall assign points to each
applicant who agrees to provide lOw, moderate and
middle income housing which complies with the housing
size, type, income and occupancy guidelines of the City
of Aspen and with the provisions of Section 24-11.10.
(bb) Points shall be assigned according to the follow-
ing schedule:
One (1) point for each five (5) percent of the
total development that is restricted to low income
price guidelines and low income occupancy limita-
tions;
One (1) point for each ten (10) percent of the
total development that is restricted to moderate
income price guidelines and moderate income
occupancy limitations;
One (1) point for each twenty (20) percent of the
total development that is restricted to middle
income price guidelines and middle income occu-
pancy limitations.
In order to determine what percent of the total
development is restricted to low, moderate and middle
income housing, the Commission shall compare the number
of persons to be housed by the project as a whole with
the number of persons to be provided with low, moderate
and middle income housing using the following criteria:
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St udi 0
One Bedroom
Two Bedroom
Three Bedroom
or Larger
Dormitory
1.25 residents
1.75 residents
2.25 residents
3.00 residents
1.00 resident per 150
s.f. of unit space"
Section 5
That a new Section 24-11.10 (i) (3) be enacted to read to
follows:
"(3) Payment of an employee housing dedication
fee, based on the formula for such fees identified
within the guidelines approved by the City
Council's housing designee and adopted by the
Aspen City Council. Payment shall be made to the
City of Aspen prior to, and on a proportional
basis to the issuance of any building permits for
the non-deed-restricted units and/or commercial
square footage of the proj ect. Applicants may
choose to prepay the employee housing dedi cat ion
fee prior to the issuance of any building permits
for the project and receive a discount on the fee,
based on the present value index included within
the guidelines approved by the City Council's
housing designee and adopted by the Aspen City
Council. Approval of the present value discount
shall be at the option of the City Council's
housing designee and the City Council."
Section 6
If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
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provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 7
A public hearing on
day of .$~(J-
Council Chambers, Aspen City
the Ordinance shall be held on the Ie?
, 198~, at 5:00 P.M. in the City
Hall, Aspen, Colorado.
IRl'RODUCED, READ AND ORDERED published as provided by law by
the City Council of the City of Aspen on the ~day of
/ii. .
l,.17Mdj'" m.fL. ~. ~A'
William L. Stirling, Mayor
~~INALLY adopted, passed and approved on this
~""a.jd~ ,]9sL.
~
/c.:d day of
~~~
William L. Stirling, Mayo
AR.717:jlr
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