Loading...
HomeMy WebLinkAboutresolution.apz.010-76RECORD OF PROCEEDINGS 100 Leaves RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION ADOPTING A LOW AND MODERATE INCOME HOUSING PLAN FOR NEW RENTAL UNITS (ONLY) WHEREAS, the City of Aspen, by the adoption of Ordinance No. 49, Series of 1976, creates, in the new "O" Office District, the potential for density bonuses for "accessory dwelling units recognized as moderate income housing by an approved housing plan", and WHEREAS, the recently approved Ordinance No. 63, Series of 1976, authorizes the City Council, whenever it shall have determined that a proposed residential development con- stitutes bona fide moderate income housing and wishes to subsidize its construction, to exempt the development from the dedication fee requirements of Sections 7-143 or 20-18 of the Aspen Municipal Code, or reduce by any amount the fees imposed thereby, and WHEREAS, Ordinance No. 49, Series of 1976, goes further and defines "Moderate Income Housing" as: That housing recognized by an approved housing plan as satisfying the community need for low and moderate housing; criteria for such housing shall be established by such a plan, have as its objective the supplying of permanent moderate cost housing, and may include the creation of buyer/lessee qualifications, rent/sales price guidelines, rent controls, limitations on resale, or other appropriate regulations, and WHEREAS, the Aspen Planning and Zoning Commission wishes to initiate the development of the anticipated moderate income housing plan by forwarding to the City Council recommended RECORD OF PROCEEDINGS 100 Leaves elements for a plan to be applied to newly constructed rental units within the City of Aspen, and WHEREAS, it has been determined by the Commission that the following are the objectives of the proposed plan, namely, 1. To encourage the construction and management by the private sector of safe and sanitary primary housing for permanent locally-employed residents of the community who, because of their low and moderate income level, are unable to compete in the City's present housing market; 2. To insure that housing units constructed under the City's bonus system (and perhaps with a reduced or waived dedication fee) will be and continue to be available to the rental and purchase market they are designed to satisfy; 3. To establish a procedure for formulating rental limits and resale procedures which both guaranty a reasonable return on investment and insure that the units are affordable given local salary income levels; 4. To establish the review by the housing authority of potential occupants and purchasers of housing coming within the purview of this plan to ensure that the benefits of this plan accrue to low and moderate permanent locally employed residents, only; and WHEREAS, the Commission is aware of the present situation results in transience with a tremendous and expensive loss in human resources, and hopes by implementation of this plan to counteract the prevalence of the construction of second home or middle income housing units which will otherwise pre- -2- RECORD OF PROCEEDINGS 100 Leaves dominate to the exclusion of a necessary balance of critically needed low and moderate income owned and leased units, NOW, THEREFORE, BE IT RESOLVED BY THE ASPEN PLANNING AND ZONING COMMISSION: That it does hereby recommend to the Aspen Council that it adopt a low and moderate (for new rental units) incorporating the Monthly Leasing Rates income housing plan following elements: The City/County Housing Authority shall establish for each project approved, monthly lease rates taking into consideration (1) a reasonable allocation of income to housing costs (including utilities) based upon 30% of the mean local household income for each family size, (2) the estimated construc- tion cost of the units affected (excluding land costs and those site costs waived by the City), and (3) a reasonable return on the investment made. The approved monthly lease rate may be periodically reviewed and increased by the Housing Authority to reflect (1) reasonable capital improvements made for the benefit of the housing units, and (2) a reasonable escalation tied to an increase in the cost of living (with the Authority applying whichever factors then relied on by it in making determinations of this kind). Monthly Lease Term Each unit approved shall be restricted to lease terms of not less than 6 (and prefereably 12) months. Eligible Tenants Units shall be rented only to permanent locally employed residents with low or moderate incomes, all of which criteria shall be verified by the housing authority. The units shall first be made available to such persons in the employment of the owner (or owners) of the commercial building (or spaces) -3- RECORD OF PROCEEDINGS 100 Leaves to which the housing units are an adjunct. Absent sufficient qualifying employees of the owner of the structure (or spaces) the housing authority shall then nominate eligible tenants. Security Deposits All damage deposits, or rental security deposits, shall be escrowed under a standard agreement (and personal property inventory) to be established by the Housing Authority. It is hoped that by escrowing deposits (rather than having them held by the landlord) a more equitable and expeditious resolution of deposit controversies will occur. Condominiumization The conversion of rental units should be discouraged and should be approved only (1) if done to permit purchase of the units by local employers for housing of employees, or (2) if the Housing Authority enjoys a first right of refusal on their sale. In either event, there shall be imposed the resale appreciation and the purchaser qualification controls of the Housing Authority then in effect. Offset for Reduced Rentals All landlords shall be precluded from assessing against their tenants any additional costs or charges or reducing their salaries, such as to constitute additional consideration for the leasehold. Remedies The City Council shall adopt such remedies necessary to enforce all mandatory elements of the moderate income housing plans approved by the City of Aspen. -4- RECORD OF PROCEEDINGS 100 Leaves Done this City Clerk, day of /~&/~~/~ , 1976. Charl :s T. Collins Chairman do hereby certify that the foregoing resolution was adopted by the Aspen Planning & Zoning Commission at its regular meeting held ~ /~ /~ Marguer ~;ce Wilson Deputy City Clerk -5-