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HomeMy WebLinkAboutordinance.council.002-86 RECORD OF PROCEEDIR;S 1 no T.':'RVPS 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. RECORD OF PROCEEDIR;S 1 nn T.PRVPS 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(4) and 24- 11.6 (b) (4) (bb) (and the reference to this section in the Table found in Section 24-11.6(c)) be repealed and that subsequent subsections be renumbered appropriately. Section 2 That Section 24-1l.10(d) be repealed and re-enacted to read as follows: n (d) Applicants shall be permitted to provide employee housing on the same site as the remainder of the development or on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 2 RECORD OF PROCEEDIR;S 100 T.P3VPS 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: 3 RECORD OF PROCEEDIR;S ] 00 T.P3VPS 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 4 RECORD OF PROCEEDIR;S Ino I.P3vPS 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 5