HomeMy WebLinkAboutordinance.council.005-18 ORDINANCE NO. 5
SERIES OF 2018
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING CITY OF ASPEN
LAND USE CODE SECTION 26.470.050—CALCULATIONS TO ADOPT A REVISED
AFFORDABLE HOUSING MITIAGTION FEE-IN-LIEU RATE SCHEDULE.
WHEREAS,pursuant to chapter 26.470, Growth Management Quota System, of the City
of Aspen Municipal Code, applicants may, under conditions specified by the Chapter, pay fees to
satisfy requirements to provide affordable or employee housing; and
WHEREAS, pursuant to Section 26.310.020(B)(1), the City of Aspen conducted Public
Outreach through various fee-in-lieu work sessions with Council, the Aspen-Pitkin County
Housing Authority Board of Directors, and the Community Development Department; and
WHEREAS,pursuant to prior resolutions and ordinances of the City, the City Council has
historically established these fees, referred to in Chapter 26.470 as an affordable housing impact
fee, affordable housing mitigation fees, and cash-in-lieu payments; and
WHEREAS,Land Use Code Section 26.470.050(E), Calculations- Employee housing fee-
in-lieu payment,prescribes that the Fee-In-Lieu rates shall be updated every five years and adopted
by city council ordinance, and that during intermediate years, the City may choose to update the
fee-in-lieu schedule, by ordinance, based on the change in the engineering news record inflation
index; and
WHEREAS,The City is electing to update the fee-in-lieu schedule based on the change in
the Engineering News Record,Construction Cost Index,which shows a 7%increase from the time
of the fee-in-lieu adoption in December 2015 and December 2017; and
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Adoption of Fee-in-Lieu rates.
Section 26.470.050(E), Calculations-Employee housing fee-in-lieu payment,of the City of Aspen
Land Use Code, which section prescribes the method of calculating employee housing impacts
and mitigation requirements, shall be amended to read as follows:
26.470.050 Calculations.
E. Employee housing fee-in-lieu payment. Whenever a project provides employee housing via a
fee-in-lieu payment,in part or in total,the amount of the payment shall be based upon the following
Ordinance 5. Series of 2018
Affordable Housing Fee-in-Lieu Increase
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(fee-in-lieu is only allowed for Categories 1-4, Categories 5-7 is calculated only for use in the
Housing Certificates Program):
Fee-In-Lieu(per FTE): Category 1: $381,383.31
Category 2: $342,599.02
Category 3: $306,549.65
Category 4: $238,687.04
Category 5: $168,289.60
Category 6: $142,114.19
Category 7: $111,438.36
Payment shall be calculated on a full-time-equivalent employee (FTE) basis according to the
Affordable Housing Category designation required by this Title. Unless otherwise stated in this
Title or in a Development Order, Fee-in-Lieu payments shall be collected by the City of Aspen
Building Department upon and as a condition of Building Permit issuance.
The Fee-In-Lieu rates shall be updated every five years and adopted by city council ordinance.
During intermediate years, The City may choose to update the fee-in-lieu schedule, by ordinance,
based on the change in the engineering news record inflation index.
The following methodology was used to determine the above fee-in-lieu schedule: The subsidy
per FTE was calculated by subtracting unit sales revenue per FTE from the total development costs
per FTE. Total development cost per FTE was determined by using an average of recent City of
Aspen projects and foreseeable future City of Aspen projects for which land has already been
acquired and program/density has been deliberated,where in each case actual land costs were used
in the calculation. The Program/Density projections for future projects were based upon
assumptions suitable for the respective neighborhood, public outreach, and program/density
review by City Council. Development cost calculations included all "hard" and "soft" costs
associated with development.
Section 3•
Any scrivener's errors contained in the code amendments herein, including but not limited,to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Section 4•
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
resolutions or ordinances.
Section 5:
If any section, subsection, sentence,clause,phrase,or portion of this resolution is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
Ordinance 5,Series of 2018
Affordable Housing Fee-in-Lieu Increase
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separate,distinct and independent provision and shall not affect the validity of the remaining portions
thereof.
Section 6•
A public hearing on this ordinance was held on the 26 day of February, 2018, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers,Aspen City Hall,Aspen,
Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be
published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the 12th day of February, 2018.
ATTEST:
Linda Manning, City Clerk Steven Skallron, Mayor
1
FINALLY,adopted,passed and approved this 26th day of February, 2018.
Steven Skadron,Mayor—
ATI
ayorATTEST: APPROVED AS TO FORM:
\,
Linda Manning,City lerk _ James R True, City Attorney
Ordinance 5, Series of 2018
Affordable Housing Fee-in-Lieu Increase
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