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HomeMy WebLinkAboutbocc.ord.021.2009AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ADOPTING AMENDMENTS TO THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY EMPLOYEE HOUSING GUIDELINES Ordinance No;w 2009 RECITALS NOW, THEREFORE, BE IT ORDAINED, the Board of County Commissioners of Pitkin County, Colorado (hereinafter "Board ") and the City of Aspen (hereinafter "City "), pursuant to paragraph C.2 of the Fourth Amended and Restated Intergovernmental Agreement Aspen/Pitkin County Housing Authority (hereinafter "Authority), have a duty to develop and recommend changes to the Employee Housing Guidelines (hereinafter "Guidelines'); BE IT FURTHER ORDAINED BY THE BOARD, the Authority has developed such Guidelines and changes and has referred and recommended them to the Board for approval; and BE IT FURTHER ORDAINED BY THE BOARD, the Board has reviewed the Guidelines and has found that it is in the best interests of the community, its housing program in general, and its employee resident housing programs, specifically, to approve and adopt Guideline changes; and BE IT FURTHER ORDAINED BY THE BOARD, that it does hereby approve and adopt the recommended changes to those sections of the Aspen/Pitkin County Employee Housing Guidelines as stated herein as Exhibits A, B, C and D; and BE IT FURTHER ORDAINED BY THE BOARD, that by virtue of the adoption of the Guidelines, that the regulations and Guidelines set forth and adopted herein shall supersede, to the extent inconsistent with the provisions of this Ordinance, all prior Ordinances of the Board; and ordinu a No. ALM BE IT FINALLY ORDAINED that the provisions of resolutions pertaining to employee guidelines shall remain in full force and effect to the extent not inconsistent with the regulations and guidelines adopted herein. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING at the 8' day of July 2009. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the day of July 2009. APPROVED AFTER SECOND READING and PUBLIC HEARING on the 22 " day of July 2009. 4L G-U 5 t PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the q& day of July 2009. BOARD OF COUNTY COMMISSIONERS ST: 1 'f Jewette Jones, Dep ty tounty Clerk APPROVED AS TO FORM: BY: Patti Kay- Clapper,6thairperson'J t APPROVED AS TO CONTENT: John Ely, Cgunt3r,At romey Tom McCabe, Executive Director Aspen/Pitkin County Housing Authority ordiwa No, A„2009 2 EXHIBIT A PART III PURCHASING AFFORDABLE HOUSING SECTION 4 MAINTAINING ELIGIBILITY FOR OWNERSHIP OF AFFORDABLE HOUSING Owner's Resnonsibilities: 1. Owner must meet and maintain all of the initial qualifications previously stated in Section 1 except for the income/asset qualification and the minimum occupancy requirement. 2. Owner must make timely payment of all regular and special assessments duly imposed upon the property by the applicable homeowners' association. 3. Once an owner receives a Notice of Violation letter from the Housing Office, the owner must provide the documentation requested by the deadline stated in the letter. EXHIBIT B PART 111 PURCHASING AFFORDABLE HOUSING EXCEPTIONS TO PRIORITIES SUBJE(.7 TO (SPECIAL REVIEW): 4. It is within the discretion of APCHA to determine that any deed - restricted unit located in a condominium or subdivision, which also includes free - market units, has been rendered unaffordable as a deed - restricted unit as a result of general or special assessments. The owner(s) of the deed - restricted unit will have the highest priority to move into a like unit at the same category of the unit currently owned. The APCHA, City of Aspen, or Pitkin County will have the highest priority to purchase the unit that the owner is currently in at the maximum resale price according to the deed - restriction recorded on said property and subject to the provisions of these Guidelines. The APCHA may release the deed - restriction on said property and sell the property at fair - market value as a free-market property. The APCHA will be reimbursed the amount of the purchase price of said unit plus a 2% sales fee with the balance of the funds going to the City or County for future development of deed - restricted housing. If the APCHA, City or County paid in any additional assessments, those funds shall also be reimbursed to APCHA, City or County. The APCHA shall only approve deed - restricted units in mixed projects IF the condominium declarations include adequate provisions limiting assessments on the deed - restricted units so that they will remain affordable. H ... ;,roaa.� r:�.vr��.a 2'. `:' ^., '. rr .. ,. .,..,.� . .. .... .. . .. .�,...'_ r^tx'i,G -'?.., _ .. � .. ";1 - ?:5 +x- :'- f14.x_,.._, :.: }ae,it's•.t _.,.a, . -, 4; .._:E,f•.d ..3< ,.. .. EXHIBIT C PART Y PURCt1ASING AFFORDABLE HOUSING S>E�C ION 12 . LEASING POLIC'S� -FOR QUALIFIED RETIREES An owner of adeed- restricted pro prtyy'who has retired consistent with the . defi�l6h = of : retirement in the Guidelines, may apply t�the 614A< to lease their unit for `up rn:sb(tnbiitfi's (less one day in order to maintain the ciiiit as lieir principal residence) out of each 00 #4dar year. To obtain the benefits of this APCHA ` '' ' ` prospective tenant must complete p gram the owner and the following: • The owner must complete a leave of absence form at the APCHA and qualify for the leave of absence as provided in these Guidelines. • The owner and tenant must complete and sign a lease agreement with tenns acceptable to APCHA, • The owners Homeowner Association (if applicable) shall be notified of the rental and tenant information. • The owner must continue to use. the APCHA deed restricted unit as their primary place of residence as evidenced by riling a Cototado Income Tax Return at that address. + The owner shall provide proof of adequate owners insurance covering the period of the lease. • The owner must designate a responsible person or entity to act as the owner's agent in the owner's absence. • The owner has the right to choose thhe tenant; however, the tenant must be a qualified employee as specified in the Guidelines, except the tenant does not have to comply with the income or asset limitations. If an owner wishes to lease the property to a qualified Pitkn County employer, then the employer who rents the unit shall pay an additional surcharge to the owner of $1 60 per month. The employer cannot pass this surrchatge on to the tenant. The tenant must, however, meet all $ applicable requirements as stated In these Guidelines. • The tenant must work for 750 hours during the six month lease period. • The tenant must complete a rental application at the APCHA.. For the purpose of this program neither the minimum occupancy nor the'category in the APCHA Guidelines will apply, The permitted rental rate _and,securityde EXHIBIT D PART X DEFINITIONS Qo'per$hjn Exclusion Zone — Any developed residential property that has an address within the Roaring Fork River Drainage situated in Nagle, Pitkin, Garfield or Gunnison Counties, or within the Colorado River Drainage from and including the unincorporated No Name area to and including Rifle, and including, but not limited to, the towns of Aspen, Basalt, Carbondale, El Jebel, Glenwood Springs, Marble, Meredith, New Castle, No Name, Redstone, Rifle,, Si�o�vinass, 5na�timass Village, Woody Creek. Residential'Dwelligg Unit—Nn}' residential Iiropoty that has an address within the Roaring Fork River drainage situated in I:agle,`Pitkin, Garfield or Gunnison Counties, or within the Colorado River Drainage from and including the unincorporated No Name area to and including Rifle.