HomeMy WebLinkAboutagenda.council.regular.20010910 CITY COUNCIL AGENDA
September 10, 200'1
5:00 P.M.
I. Call to Order
I1. Roll Call
II1. Scheduled Public Appearances
a. Emergency Management Update
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT on the agenda. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a. Mayor's Comments
b. Councilmembers' Comments
c. City Manager's Comments
d. Council Board Reports
VI. Consent Calendar (These matters may be adopted together by a single motion)
a. Ordinance #39, 2001 - Code Amendment, Mobile Home Park,~cW~zoV'~=~
b. Supplemental Budget Request - Historic inventory update
c.... Ordinance #40. 2001 - Renewed Term of the Commercial Core & Lodging Commission
~d~ Or~dinance # 38, 2001 - Aspen Pitkin County Housing Authority GuidelFnes
VII. Public Hearings
a. Ordinance #24, 2001 - Code Amendment - Historic Lot Splits, Office Zone [~,,¢ ~ ,~.--~
b. Ordinance #33, 2001 Extension of Historic Inventory Stay.~O4~,...~--(~
c. Ordinance #37, 2001 - Code Amendment - Real Estate TranSfer Tax-~d:¥~ 5-0
d. Ordinance #23, 2001 - Mountain Chalet Lodge Preservation PUD-~6~'p~e.~V.~I~
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VIII. Action Items
a. Resolution #89, 2001 - ACRA Marketing Plan Budget ApprOval
b. Trolleys ,A-*PP~ ~-"2_ ~*~, "7~oZ.-
IX. Information Items
X. Executive Session - litigation and potential land purchases
Xl. Adjournment
Next Regular Meeting September 24, 2001
COUNCIL MEETS AT NOON FOR AN INFORMAL PUBLIC DISCUSSION, BASEMENT
MEETING ROOM
Council schedules a 15 minutes dinner break around 7 p.m.
Meeting Agenda Date: September 10,2001
Agenda Item Title: Activities of the Emergency Management Coordinator
Staff Responsible for Item: Cindy Mohat
Description of Issue:
As required by the Public Safety Council iPSC), the Emergency Management
Coordinator is ro go before the Board of County Commissioners twice a year to give an
update on activates of the Coordinator and the PSC. Activities are summarized below.
Summary of Activities:
I. Updated the Airport and Water Treatment disaster plans.
2. Developed and conducted a Ell-scale multi-agency/multi-jurisdictional airport
exercise.
3. IDeveloped and conducted a multi-agency tabletop Water Treatment Plant chlorine
emergency exercise.
Conducted a comprehensive risk analysis of the county for technical, natural and civil
disasters.
5. Developed a Basic Pitkin County Disaster Plan.
6. Helped to develop the Regional Emergency Trauma Services Advisory Council's Mass
Casualty Incident Response guidelines.
7. Helped ro coordinate the development and organization of the local' Emergency
Medical and Trauma Advisory Council.
Ongoing Activities:
1. Coordinating the development of Incident Command System (ICS) training.
2. Coordinating the integration, ICS training and participation of the American Red Cross
chapter in the Roaring Fork Valley.
$. Coordinating the development of a County-wide Response and Recovery Incident
Management Groups.
4.. [~eveloplng and coordinating the establishment and activation of the Emergency Alert
System with Eagle County.
5. Developing and coordinating planning efforts for evacuation, lock-down and shelter-
in-place for school violence and hazardous response protocols for the Aspen School
District and local law enforcement.
Fostering relationships and disaster plans with the County, Bureau of Water
Reclamation and dam owners.
7. Facilitating the training, communications, and agency development regarding Public
Safety issues at Public Safety Council meetings.
8. Researching and securing grants for agencies on Public Safety issues.
9. Coordinating, training and liaison with non-profit and for-profit organizations on
Public Safety issues during special events.
10. Coordinating and developing training, awareness and preparedness issues with the
City of Aspen and Risk Management.
t 1. Supporting the Region and State Office of Emergency Management by actively
participating in training, conferences and meetings.
Future Goals:
I. Have a complete Basic Disaster Plan with incident specific.annexes.
2. Continue to foster, planning, ICS training, exercising, and After Action Reviews *o
improve response, recovery, preparedness and mitigation efforts in the valley.
3. Continue to be on the leading edge of Emergency Management by active participation
in conferences, tra/ming and meetings.
MEMORANDUM
To: Mayor and City Council
THRU: Julie Ann Woods, Coramunity Development DLrector(~~
J0yce Ohlson, Deputy Director ~
FROM: Sarah Oates, City Zoning Officer'~
RE: Change in Residential Mobile Home Park (MHP) Zone District Title
Amending Section 26.710.120 - Code Amendment. Public Hearing Resolution
No.~? , Series of 2001
DATE: September 10, 2001
APPLICANT: SUMMARY:
Smuggler Homeowners Association The Board of Directors for the Smuggler
Homeowners Association represents the Smuggler
REPRESENTATIVE: Park Subdivision and requests that the title of the
Mark P. Hesselschwerdt Residential Mobile Home Park (MHP~ Zone
District in the Land Use Code and on the Official
ADDRESS: Zone District Map be changed to exclude the
Smuggler Mobile Home Park words "Mobile Home Park," renaming the zone
P.O. Box 2522 district High Density Residential (R-3). The
Aspen, CO 81612 applicant states that the title, Mobile Home Park, ~s
ZONING: causing difficulty in th6 refinancing of homes
Residential Mobile Home Park (MHP) located in the Smuggler Mobile Home Park.
Owners are finding it difficult to borrow large
CURRENT LAND USE: amounts of money for a mobile home and for a
Single Family Residential Mobile small lot in Aspen. The applicants feel that the
Home Park name of the zone district itself serves as an
impediment.
PROPOSED LAND USE:
Single Family Residential Staff would like ro note that this is a
title change and not a change in the
district development standards.
Amendment to the Land Use Code and Official Zone District Map ~ To determine if the application meets the standards for an amendment to the code
text or official zone district map
} Planning Commission makes a recommendation to City Council
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Review
In reviewing an amendment to the text of this Title or an amendment to the official zone
district map, the City Council and the Planning and Zoning Commission shall consider:
A. Whether the proposed amendment is in.conflict with any applicable portions of this
Title.
~ Sta££Findin~:
(> The changes regarding the proposed zone district title
amendment would be made .throughout Title 26. In that the
development standards are not proposed for amendment, no
conflict is created in that regard.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
)~ Staff Finding:
o The change in title would not be inconsistent with the
elements of the Aspen Area Community Plan. Mobile home
parks would still be an allowable residential use within the R-
3 district.
C. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing [and use and neighborhood characteristics.
~ Staff Finding:
o The proposed amendment is compatible with the surrounding
zone districts and land uses, and will not change the
characteristics of the neighborhood. The land use pattern will
not change, us the specific dimensional standards for the zone
district will not be affected.
D. The effect of the proposed amendment on traffic generation and road safety.
~ Staff Finding:
Therewillbenoeffectornegativeimpactsofthisproposed
amendment on traffic generation and road safety.
E. Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but not limited to transportation
facilities, sewage facilities, water supply, parks, dra'mage, schools, and emergency
medical facilities.
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Staff Findin~:
This is only a title change and has nothing to do with any type
of development regarding public facilities and will not change
any district standards.
F Whether the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
Staff Finding:
The title change will not affect the district standards. The
standard remains the same and continues to have no impacts
on the natural environment.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
Sta££ Finding:
Considering this is only a change of the title to the mobile
home park, it will continue to remain consistent and
compatible with the community character in the City of Aspen.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Finding:
There are not changes in the condition'of the parcel or
neighborhood.
I. Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
Staff Finding:
The purpose and intent of this amendment continues to
remain consistent with the original intent of the Residential
.Mobile Home Park (MHPJ Zone District and therefore
continues to remain consistent with this Title.
Staff has amended all the sections in the Aspen Land Use Code Title 26 that referenced
the Residential Mobile Home Park (MHP) Zone District. The sections are stated
below with the old language having a "strike out" through it and the new language
documented in italics, as follows.
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Section 26.104.100 Definitions
Original text:
Mobile Home Park. A p~cel or ~ea of l~d
P~k) upon which two or more mobile homes, occupied or intended to be occupied for
a dwelling, are located for ~y period of time, reg~dless of whe~er or not a ch~ge is
made for such acco~odations, ~d whe~er or not ~e mobile homes ~or l~d
owned by ~e occup~ts.
New text:
Mobile home p~k. A p~cel or ~ea of l~d upon which ~o or more mobile
homes, occupied or intended to be occupied for a dwelling, ~e locaed for ~y
pe~od of time, regardless ofwhe~er or nor a ch~ge is made for such
accommodations, ~d whe~er or not ~e mobile homes ~or l~d ~e owned by
the occupants.
26.710.120 Zone Districts
Original text:
26.710.120 .V~o;~.+;~ ~.,.;~ ~^,~ ~t- a~m
New text:
26.710.120 High Density Residential (R-3)
26.710.120(A)
Original text:
A. Purpose. The pm'pose of the Re ............................ ~ ...... , zone
district is to provide for the use of land to locate manufactured housing for intensive
long-term residential purposes, with customary accessory uses and less intensive offic
uses. Recreational and institutional uses customarily found in proximity to residential
uses are included as conditional uses. The .... i ..... i~ ~";'~ ~J^"'~ ~.v r~um zone
district shall be located in areas where the effect on surrounding property shall be
minimized, where the health, safety and general welfare of Residential 5Zcb;.!e Home
~.,. rx~um zone district residents and others will be protected and where the
topography is suitable for the permitted uses and conditional uses allowed in the
r~o;.~+;~, ~^,.;,~ u^.~ ~t. tx,turn zone district
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26.710.120(A)
New text:
A. Purpose. The purpose of the High Density Residential (R-3) zone district is to
provide for the use af land to locate manufactured housing for intensive long-term
residential purposes, with customary accessory uses and less intensive office uses.
Recreational and institutional uses customarily found in proximity ro residential uses
are included as conditional uses. The High Density Residential rR-3) zone district shall
be located in areas where the effect on surrounding property shall be minimized, where
the health, safety and general welfare of High Density Residential rR-3) zone district
residents and others will be protected and where the topography is suitable for the
permitted uses and conditional uses allowed in the High Density Residential (R-3)
zone district.
26.710.120 (B)
Original text:
B. Permitted uses. The following uses are permitted as of right in the P. es~enti~
t,,~..~.:~ u^..~ r,~.~, rx~um zone district:
New text:
B. Permitted uses. The following uses are permitted as of right in the High
Density Residential (R-3) zone district:
26.710.120 (C)
.Original text:
C. Conditional uses. The following uses are permitted as conditional uses in the
~>~o;~.~,:~ ~:~ rJ^.~ ~. rx~xJm zone district, subjec~ to ~e st~d~ds ~d
procedures established in Chapter 26.425:
New text:
C. Condition~ uses. The following uses ~e peri,ed as condition~ uses in ~e
High Densi~ Residential (R-3) zone dis~ict, subject to the st~d~ds ~d procedures
established in Chapter 26.425:
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26.710.120 (D)
Original text:
D. Dimensional requirements. The following dimensional requirements shall
apply to all permitted and conditional uses in the Residential Mobile Home Park
zx~rzm zone district:
New text:
D. Dimensional reqmrements. The following dimensional requirements shall
apply to all permitted and conditional uses in the High Density Residential rR-3) zone
district:
Staff concludes that the request to change the existing title of Residential Mobile
Home Park (MHP) Zone District to High Density Residential (R-3) has been reviewed
per Section 26.310.040 Standards of Review. The change in title has no adverse
impacts and will benefit the homeowners located in the Smuggler Mobile Home Park
and decrease the difficulty in obtaining financing for their homes.
STAFF RECOMMENDATIONS
Staff recommends approval of the Code Amendment to Section 26.710.120 that will change
the title of the Residential Mobile Home Park Zone District (MHP) to High Density
Residential (R-3) Zone District.
Recommended Motion:
"I move to approve Ordinance No. Series of 2001, approving a Code Amendment that
will change the Residential Mobile Home (MHP) Park Zone District title to High Density
Residential (R-3) and making the associated revisions to the code text where a reference is
made to the new title, finding that the standards of review have been met."
CITY MANAGER'S COMMENTS:
c:\homeksaraho' vlanning\codeamendments\mhpraemo I ce.doc
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ORDINANCE N0.~ 39
(SERIES OF 2001)
A ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
CODE AMENDMENT TO CHANGETHE TITLE OF THE RESIDENTIAL
MOBILE HOME PARK (MHP) ZONE DISTRICT TO HIGH DENSITY
RESIDENTIAL (R-3) SECTION 26.104.100, DEFINITIONS, SECTION 25.710.120,
RESIDENTIAL MOBILE HOME PARK (MHP) AND ALL ASSOCIATED
SECTIONS INCLUDING 26.710.120(A), PURPOSE, 26.710.120(B), PERMITTED
USES, 26.710.120(C), CONDITIONAL USES AND 26.710.120(D) DIMENSIONAL
REQUIREMENTS, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Departmem received an application
from Smuggler Homeowners Association applicants, represented by Mark P.
Hesselschwerdt, requesting a code amendment to change the title of the Residential
Mobile Home Park (MHP) Zone District to High Density Residential (R-3); and
WHEREAS, pursuant to Sections 26.310.040, the City Council, in accordance
with the procedures, standards, and limitations of this Chapter, shall by ordinance
approve, approve with conditions, or deny a Code Amendment application for
Amendment to the Land Use Code and Official Zone District Map, after recommendation
by the Community Development Department and Planning and Zoning Commission
pursuant to Section 26.430.020; and,
WHEREAS, the Community Development Department reviewed the Code
Amendment application for a change in title for the Residential Mobile Home Park
(MHP) Zone District pursuant to Section 26.310.040 and recommended approval; and,
WHEREAS, during a public hearing on August 21, 2001, the Planning and
Zoning Commission recommended, by a seven to zero ( 7 - 0 ) vote, the City Council
approve the amendments to Section 26.104.100, Definitions, "Mobile Home Park," and
Section 26.710.120, Zone Districts, Residential Mobile Home Park (MHP) as proposed
by the Community Development Department.
WHEREAS, the City Council conducted a public hearing, considered the
recommendation of the Community Development Director and took public testimony for
a Code Amendment that would change the title of the Residential Mobile Home Park
(MHP) Zone District to be renamed High Density Residential (R-3); and,
WHEREAS, the City Council finds that the Code Amendment proposal meets or
exceeds all applicable amendment standards and that the approval of the Code Amendment,
is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL as
follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Code Amendment application for a change in title of the Residential Mobile Home
Park IMHP) Zone District to High Density Residential (R-3) and associated sections is
approved as noted below:
Section 26.104.100: Mobile home park. A parcel or area of land upon which
two or more mobile homes, occupied or intended to be occupied for a dwelling,
are located for any period of time, regardless of whether or not a change is
made for such accomm6dations, and whether or not the mobile homes and~or
land are owned by the occupants.
Section 26.710.120: High Density Residential (R-3)
Section 26.710.120(A): Purpose. The purpose of the High Density
Residential (R-3) zone district is to provide for the use of land to locate
manufactured housing for intensive long4erm residential purposes, with
customary accessory uses and less intensive office uses. Recreational and
institutional uses customarily found in proximity m residential uses are
included as conditional uses. The High Density Residential (R-3) zone district
shall be located in areas where the effect on surrounding property shall be
minimized, where the health, safety and general .welfare of High Density
Residential IR-3) zone district residents and others will be protected and ~vhere
the topography is suitable for the permitted uses and conditional uses allowed
in the High Density Residential (R-3) zone district.
Section 26.710.120(B): Permitted uses. The following uses are permitted
as of right in the High Density Residential (R-3) zone district:
Section 26.710.120(C): Conditional uses. The following uses are
permitted as conditional uses in the High Density Residential (R-3) zone
district, subject to the standards and procedures established in Chapter 26.425:
Section 26.710.120(D): Dimensional requirements. The following
dimensional requirements shall apply to all permitted and conditional uses m
the High Density Residential (R-3) zone district:
Section 2:
All material representations and commitmems made by the applicant pursuant to the'Code
Arhendment approval as herein awarded, whether in public hearing or documentation
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presented before the Planning and Zoning Commission or City Council, are hereby
incorporated in such Code Amendment approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 3:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such port~on
shall be deemed a separate,' distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Approved by the Council at its regular meeting on October 9, 2001.
APPROVED AS TO FORM: CITY COUNCIL:
City Attorney Helen Kalin Klanderufl, Mayor
ATTEST:
Kathryn Koch, City Clerk
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MEMORANDUM
TO: Mayor Klanderud and City Council
FROM: Julie Ann Woods, Community Development Director~/
CC: Finance Department
RE: 2001 Supplemental Budget Request
DATE: September 10, 2001
Summary: The Community Development Department requests Council approval of a
$19,950 supplemental allocation for additional work related to the update of the
"Inventory of Historic Sites and Structures" and revisions to the Historic Preservation
Program. The Department currently has approximately $36,000 available for Land Use
Code amendments, a portion of which we propose to use to complete this important p~ece
of work. If Council approves this supplemental, it is likely that a subsequent request for
funds to revamp the Land Use Code will occur in the future.
Background and Discussion: Previously, Council approved a supplemental budget
request for $37,250 to contract with Debbie Abele in regard to the City's historic
Inventory. Over the course of several months, Ms. Abele has helped the HPC develop an
objective new system for evaluating properties for inclusion on the inventory and a more
fair designation process, completed a thorough review of our existing historic
preservation ordinance and forwarded recommendations for proposed changes, produced
a list of incentives for property owners through which the City can demonstrate its
support for private sector preservation efforts, and assisted the Planning Office in a series
of outreach meetings, lectures, and tours. There have been 15 public events over the
course of the summer to give the community more information about the effort underway
and to provide more opportunity for input. In addition to the activities detailed above,
Ms. Abele's current comract entails a third party evaluation of the post-World War II
properties that had been identified by the staff as historically significant. This evaluation
will be handled in a manner that is consistent with the decision making framework that
has been discussed in public meetings, which will soon be presented for adoption.
Substantial progress has been made with Ms. Abele's assistance, and, as evidenced bythe
very successful Community Forum on August 18th, there is apparently a significant
improvemem in the community's confidence in the ideas that have been presented. We
are very close to ironing out the final details of what will be a model program that we are
hopeful will meet all parties' goals.
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Much of the recent successes can be attributed to Ms. Abele's expertise, and her ability to
produce the work needed in a quick and high quality manner. The expectation of the
public is that the ordinance, incentives, and inventory review process will be in place by
the end of the year. an ambitious timeframe that staff is concerned may only be achieved
by continuing the consultant's role. To that end, we propose an additional scope of work
' that wiF~ entail the implementation of the changes to the program, including preparing the
ordinance for review by HPC and P&Z and adoption by Council, further development
and adoption of the new incentives package, crafting of an appeal provision based on
economic hardship, additional interaction between Ms. Abete and City boards and the
public, and other needed activities to have the new program in place by the end of the
year. The estimated budget is as follows:
Professional fees: To include all of Ms. Abele's time working on the project. $I4,400
Subcontractor .fees: Ms. Abete has previously been assisted by Grady Gammage, an
attorney with preservation experience on the National level, in the review of our
ordinance. She also proposes to consult with some of the leading experts in preservation
economics in drafting the economic hardship provision. $2,500
Travel expenses: Ms. Abele and Mr. Gammage would attend a joint worksession with
Council, P&Z, and HPC, tentatively scheduled for Oct. 16th. Ms. Abele would be in
Aspen in November to coordinate with staff and complete research, and Ms. Abele would
attend the final public hearing in front of Council in December. $3,050
TOTAL SUPPLEMENTAL BUDGET REQI~ES_T: Not to exceed $19,950
(contingency funds included).
Alternatives: The City has been discussing a monetary settlement to resolve the
Schelling matter at 213 W. Bleeker. A portion of that money could be earmarked to
reimburse the General Fund for the supplemental budget requests related to the inventory
if desired by Council.
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MEMORANDUM
TO: Mayor and Council
THRU: Steve Barwick, City Manager
THRU: John Worcester, City Attorney
THRU: Kathy Strickland, City Clerk Assigned to CCLC
FROM: David Hoefer, Assistant City Attorney
DATE: August 29, 2001
RE: An Ordinance Approving a Renewed Term of Operation
for the Commercial Core and ~Lodging Commission
SUMMARY AND BACKGROUND: The proposed ordinance would renew the renn of
operation for the Commercial Core and Lodging Commission/CCLC) until December
31, 2006. The ordinance further describes the composition, term and qualifications of
Commission members, their powers, and duties, provides for appeals by persons
aggrieved by actions of the Commission, and establishes roles of procedure to be
followed by the Commission in the exercise of its functions.
At the request of the City Clerk's Office, the term for a member has been changed from
two years ro three years. This apparently would bring the CCLC into conformity with
other citizen :ommissmns.
FINANCIAL IMPLICATION: None beyond current staffing levels.
RECOMMENDATION: Staffrecommends approval of the proposed ordinance.
PROPOSED MOTION: Staffrecommends the following motion:
"I move to approve Ordinance V.O, Series of 2001, which renews the term of
operation for the Commercial Core and Lodging Commission."
CITY MANAGER COMMENTS:
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ORDINANCE NO. ~
(Series of 2001)
AN ORDINANCE APPROVING A RENEWED TERM OF OPERATION FOR THE
COMMERCIAL CORE AND LODGING COMMISSION UNTIL DECEMBER 31, 2006,
DESCRIBING THE COMPOSITION, TERM AND QUALIFICATIONS OF
COMMISSION MEMBERS, THEIR POWERS, AND DUTIES; PROVIDING FOR
APPEALS BY PERSONS AGGRIEVED BY ACTIONS OF THE COMMERCIAL CORE
AND LODGING COMMISSION AND ESTABLISHING RULES OF. PROCEDURE TO
BE FOLLOWED BY THE COMMERCIAL CORE AND LODGING COMMISSION IN
EXERCISING IT'S FUNCTIONS.
WHEREAS, the City Council established the Commercial Core and Lodging
Commission by Ordinance No. 1 (Series of 19815 which ordinance was amended by Ordinance
No. 56 (Series of 1981); and
WHEREAS, the Commercial Core and Lodging Commission term was originally set to
expire on December 31, 1985, and was extended by Ordinance No. 24 (Series of 1986), to
December 31; 1991; and
WHEREAS, by Ordinance No. (Series of 1988), the Commission's geographic area of
concern was changed and an alternate member was added to the composition of the Commission;
and
WHEREAS, the Commemial Core and Lodging Commission term was further extended
by Ordinance 49 (Series of 1991); and
WHEREAS, the City Council desires to re-establish the Commemial Core and Lodging
Commission for a period of five (5) years, and to define and establish the geographic area that the
Commercial Core and Lodging Commission should address as that area bounded by Dean Street;
Monarch Street; Spring Street: the Lodge and Lodge 1 Zones at the base of Aspen Mountatn; and
that portion of the Ute Avenue area that is primarily devoted to lodging; and
WHEREAS, the City Council desires to add a second alternate member.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
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Section 1. F,~tahl~hrnent nfCnmrni~inn That there is hereb~y established the
Commercial Core and Lodging Commission for the City of Aspen, Colorado, for a term ending
on December 31,2006. Nothing herein shall prevent the re-establishment of said Commission
on or after December 31,2006, by appropriate action of the City Council at its election.
Section 2. (2r~rnpa~qidan~ Term~ Qnalific~*ion The Commission shall be constituted
as follows:
(a) The Commercial Core and Lodging Commission shall consist of five (5) members
and two alternates who shall serve a term of three (3) years (although there shall
be no restraint on the number of terms any members may serve). Alternates shall
vote only in the absence ora regular member and when appointed, an alternate
shall be designated as acting for the absent member.
(b) All original appointments shall be for a period of three (3) years (or the balance of
the term of the Commission, whichever is less), and made by the City Council.
Nothing herein shall be construed to constitute an extension of the term of the
Commission beyond that provided in Sectfon 1 hereo£
(c) All members of the Commission shall serve at the pleasure of the City Council
and may be removed by a majority vote of the whole City Council. There shall be
no restraint upon the number of terms any member of the commission may serve.
(d) No member of the City Council, Mayor, City Employee, not any appointed
officials shall serve an the Commercial Core and Lodging Commission.
(e) There shall be imposed no age or residency requirement for membership on the
Commercial Core and Lodging Commission, nor shall candidates for appointment
be required to be qualified electors.
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Section 3, Powers and Dntle~ The Commercial Core and Lodging Commission shall
have the following powers and duties, all of which shall be exercised subject to the laws
of the state and municipality, with appropriate conditions and safeguards, and in
accordance with the public interest and the most beneficial development of the Aspen
Commercial Core and Lodging Area:
(a) To advise and recommend further development and implementation of plans and
programs for the Commercial Core and Lodging Area such as cimulation, parking,
sidewalks, landscaping, lighting, signing, graphics, alley improvements, public
transit, and improvement to existing mail areas;
(b) 1~o develop and recommend methods of funding the above plans and programs,
by, for example,, exploring and considering special assessment districts, local
matching fund programs, capital improvement fund programs and state and
federal grant programs;
(c) To develop incentives for participation in and implementation of Commercial
Core and ,Lodging Area programs;
(d) To develop and review programs that various groups may sponsor to promote the
Commercial Core and Lodging Area as a whole;
(e) Upon referral by the City Council, to review and recommend approval or
disapproval of special uses and programs using downtown streets, sidewalks or
mails;
(f) To recommend to the City Council such new legislation as it may deem in
harmony with its function and the matters given to it for administration, and also
to recommend revisions of existing legislation affecting the Commercial Core and
Lodging Area's condition, development and administration, as it shall deem
advisable for the protection of the public health, safety and welfare;
(g) To perform such other duties as the City Council may form time to time by
ordinance or otherwise impose upon it.
Section 4. Appeals Any person aggrieved by any action of the Commercial Core and
Lodging Commission may appeal such decision or order to the City Council with thirty (30) days
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from the date of the decision or order appealed from. An appeal is perfected by filing notice
thereof with the City Clerk. Such notice shall contain an appropriate reverence to the decision or
order appealed from, and duplicate copy of the same shall be forwarded by the City Clerk to the
Chairman of the Commercial Core and Lodging Commission.
If the City Council fails to provide the remedy prayed for, or any person is otherwise
aggrieved by the action of the City Council on appeal, such person may appeal the action within
thirty (30) days thereof in a court of record of competent jurisdiction. Review shall not be
extended further than to determine whether the Commercial Core and Lodging Commission or
City Council has exceeded its jurisdiction or abused its discretion.
Section 5. Rule~ oqPmeaclnre A quorum for the transaction of business of the
Commission shall consist of three (3) of the members. The Commission shall establish regular
meetings and special meetings may be called by the Secretary of the Commission on the request
of the Chairman or any two members, on at least twenty-four (24) hours written notice to each
member of the Commission provided that a special meeting may be held on shorter notice if all
members of the Commission are present or have waived notice thereof. NO business shall be
transacted at any special meeting unless it has been stated in the notice of such meeting.
All regular and special meetings of the Commission shall be open to the public except for
executive Iclosed door) meetings as may be permitted by law. Citizens shall have a reasonable
opportunity to be heard and all minutes and other records of action s of the Commission shall be
made available to the public.
The Commission shall adopt by-laws for the conduct of its business not inconsistent with
the ordinance and shall adopt such rules of procedure as it deems necessary.
Section 6. ,qeve, mhillty If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any mason held invalid or unconstitutional in a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portion thereof.
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Section 7. Public l-leafing A public hearing on the ordinance shall be held on the
~C! day of _.b~ 7~ 200 i, in the City Council Chambers, Aspen City Hall, Aspen,
[t '
Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the
City Council of the City of Aspen on the day of ,2001.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this .. day of ,2001
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
CJK-08 29/2001-G: Davld COREordinances.doc
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MEMORANDUM
TO: Mayor and Council
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Planning Director
FROM: Amy Guthrie, Historic Preservation Officer
RE: Code Amendment to Section 26.480.030, Subdivision Exemptions, and
Section 26.710.180, Office Zone District, Second Reading of Ordinance
#24, Series of 2001 (continued from August 27, 2001)
DATE: September I0, 2001
SUMMARY: The Community Development Department has received an application
requesting a code amendment to extend the Historic Landmark Lot Split program,
currently only available in two residential zone districts (R-6 and R-15A), to the Office
zone district. The area of town that will be affected by the amendment is Main Street,
from 7~ Street to Monarch Street.
By way of explanation of the historic landmark lot split program, each zone district in
Aspen has a minimum lot size assigned to it. Anyone subdi~,iding a properly must adhere
to that minimum, except for landmarks, which may create smal-ler lots. Development
rights and floor area are not increased in any way; an owner is simply allowed to sell off
part of the land in a fee snnple, rather than condominium transaction. Fee simple
ownership is perceived to be more valuable, and this program has been very successful
for our historic preservation efforts.
Staff, HPC, and the Planning and Zoning Commission recommend Council approve the
code amendment. For your information, photographs of the properties potentially
affected are attached to this memo.
Please note that staff has added clarification to the language below regarding the way that
floor area will be determined for these projects. Because floor area in the Office Zone
District is based on the specific use of the parcel (i.e. residential vs. commemial), it is a
somewhat more complex issue than in the zone districts that currently allow the historic
landmark lot split and have just one floor area scale.
ISSUES FROM FIRST READING- Staff has also made the amendment requested by
Council striking the reference to providing an '~Accessory Dwelling Unit" when
mitigation is required and instead referring the reader to the menu of options provided in
the Growth Management chapter of the Land Use Code, which includes providing an
ADU or cash-in-lieu paymem. Staff is currently drafting amendments to the ADU
I
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program, based on Council's direction,to more specifically detail the circumstances under
which an ADU, rather than payment in lieu, will be allowed.
In response to other comments at First Reading, and following the recent discussion on
the 515 Gillesp~e project and the confusion about how a floor area bonus may be used on
a lot split project, staff has adjusted that language below, under the Subdivision
exemption standards.
In regard to Councilman Paulson's concerns about how this amendment may affect the
work underway on the Historic Preservation Program, it is the staff's feeling that this is
the type of incentive that is likely to be brought forward for other zone districts in the
future, and it is an incentive that the majority of the HPC members support. Further, this
approach moves us further toward reaching our infill goals as stated in the AACP.
APPLICANT: Scott and Caroline MacDonald, represented by Bob Starodoj.
LAND USE CODE AMENDMENT
PROCEDURE: Pursuant to Section 26.310.020, Procedure for Amendment, a
development application for an amendment to the text of the Municipal Code shall be
reviewed and recommended for approval, approval with conditions, or disapproval by the
Planning Director and then by the Planning and Zoning Commission at a public hearing,
and then approved, approved with conditions, or disapproved by the City Council ar a
public hearing.
PROPOSED AMENDMENT: The application is to amend Section 26.480.030 and
Section 26.710.180 to read as follows, with text to be eliminated s~zken Jet and text to
be added underlined:
Section 26.480.030(A)(4) addresses the types of development eligible for subdivision
exemptions. Please note that staff has included corrections ro citations in this passage
that were not fixed during the most recent update of the Land Use Code.
Section 26.480.030(A)(4), Subdivision Exemptions
4. Historic Landmark Lot Split. The split of a lot that is a designated historic
landmark for the development of one new single-family dwelling, or for commercial
development in the O, Office zone district." The Historic Landmark Lot Split shall meet
the reqmrements of section 26.88.030(A)(2) 26.480.030(A)(2) and(4), section
26.100.050~)(2)(e) 26.470.070(C) for residential development ,or (D) for commercial
development and section 25.72.0JO(G) 26.415.010(D) of this Code, and the .following
standards:
a. The original parcel shall be a minimum of nine thousand (9, 000)
square feet in size and be located in the R-6 zone district or O. Office zone district, or a
minimum of thirteen thousand "13,000) square .feet and be located in the R~15A zone
district.
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b. In the R-6 and R-15A zone districts, the total FAR for both
residences shall not exceed the floor area allowed for a duplex on the original parcet
The total FAR for each lot shall be noted on the Subdivision Exemption Plat.
In the Office zone district, the following shall apply to the calculation of maximum floor
area for lots created through the historic landmark lot split. Note that the total FAR
shall not be stated on the Subdivision Exemption Plat because the floor area will be
affected by the use established on the property:
If all buildings on what was the fathering parcel remain wholly residential in use the
maximum floor area will be as stated in the R-6 zone district.
If any portion of a building on a lot created by the historic landmark lot split is in
commercial/office use. then the allowed floor area for that lot shall be the .floor area
allowed/'or all uses other than residential in the zone district. If the adjacent parcel
created by the lot split remains wholly in residential use, then the .floor area on that
parcel shall be limited to the maximum allowed on a lot of its size for residential use
according to the R-6 standards..
If there is commercial/office use on both newly created lots, the maximum floor area for
all uses other than residential in the zone district will be applied
c. The proposed development meets all dimensional requirements of
the underlying zone district, r, rnr, .... ; ....... ,~ ~ ............. 7, ..... ;,,,,~ ~ ,~ ...... ~
................................... unless vartances or bonuses are approved b~ the HPC.
The proposed amendment to section 26.710.180 is as follows:
26.710.180 Office (0).
A. Purpose. The purpose of the Office (0) zone district is .to provide ,For the
establishment of offices and associated commercial uses in such a way as to preserve the
visual scale and character of former residential areas that now are adjacent ro
commercial and business areas, and commercial uses along Main Street and other high
volume thoroughfares.
B Permitted uses. The following uses are ,permitted as of right in the Office (0) zone
district:
1. Detached residential dwellings, multi-family dWellings;
2. Professional business offices;
3
P25
3. Accessory residential dwellings restricted to affordable housing
guidelines;
4. Home occupations;
5. Group homes;
6. Accessory buildings and uses;
7. Dormitory; and
8. A mixed-use ,building(s) comprised of a residential dwelling unit and
permitted and conditional uses in the Office (0) zone district so long as such conditional
use has been approved subject to the standards and procedures established in Chapter
26.425; and
9. Accessory dwelling units meeting the provisions of Section 26.520. 040.
J O. Two detached residential dwellings on a 9, 000 square foot lot containing a
historic landmark, with mitigatio;~ for the units to be provided according to Section
26.470. 070. B, Growth Management Exemptions.
C. Conditional uses. The following uses are permitted as in the Office (0) zone
district, subject to the standards and procedures established in Chapter 26. 425:
1. Only for those structures that have received historic landmark
designation: antique store, art studio, bakery, bed and breakfast, boarding house,
bookstore, broadcasting station, church, dance studio, florist, fraternal lodge, furniture
store, mortuary, music store (for the sale of musical instruments?, music studio,
restaurant, shop craft industry, visual art&gallery; provided, however, that (ad no more
than two (2) such conditional uses shall be allowed in each structure, and (b) off-street
parking is provided, with alley access for those conditional uses along Main Street;
2 Duplex residential dwelling, of :;,hich she 'anit shall be restricted es
xhell ~ ~ ...... ~ ......... ;~-~fo, .... each ..... ;' , with mitigation for the units to be provided according to
Section 26.470.070. B, Growth Management Exemptions.
3. Two (2) detached residential dwellings or a duplex on a lot contmning a
historic landmark with a minimum area of 6, 000 square fe~t, of ::'hich~..~ ...... ~.,...;' ~,,-,,-h~;; ~-
4
P26
......... ,, ......... o .............. ~' ....... ~ ..... h zm~t, , with mitigation for the units to
be provided according to Section 26. 470.070. B. Growth Management Exemptions.
4. Child care center;
5. Commercial parking lot or parking structure that is independent of
required of J~-.street parking, provided that it is not located abutting Main Street;
6. Health and fitness facility; and
7. Lodge units and lodge units with kitchens.
D Dimensional requirements. The following dimensional requirements shall apply
ro all permitted and conditional uses in the Office (0) zone district:
1. Minimum lot size (square feet): 6,000. For lots created bp Section
26. 480. 030 Historic Landmark Lot Split: $, 000.
2.Minimum lot area per dwelling unit (square feet):
a. Detached residential dwelling: 6, 000.
b Duplex: $ O00per unit.
c. Multi-family dwellings on lot between 6, 000 and 9, 000 square feet:
Studio.. 1, 000.
! bedroom; 1.200.
2 bedroom: 2, 000.
3 bedroom: 3, 000.
3+ bedrooms: One (I) bedroom per 1,000 square feet of lot area.
d Multi-family dwellings on lot of more than 9, 000 square feet:
Studio: 1, 000.
1 bedroom; 1,250.
2 bedroom: 2,100.
3 bedroom: 3,630
3+ bedrooms: One (I) bedroom per 1, 000 square feet of lot area.
Multi-family dwellings on a lot of 27,000 square feet or less, when
at least fifiy percent (50%) of the units built on-site are restricted as affordable housing:
Studio: 500.
1 bedroom: 600.
2 bedroom: l,O00.
5
P27
3 bedroom: 1.500.
3+ bedrooms: One (1) bedroom per 500 square feet of lot area.
f. Multi-family dwellings on a lot of 27,000 square feet or less. when
one hundred percent (100%) of the units built on-site are restricted as affordable
housing:
Studio: 300.
1 bedroom: 400.
2 bedroom: 800.
3 bedroom: 1.200.
3+ bedrooms: One (1) bedroom per 400 square feet of lot area.
3. Minimum lot width (feeO: 60. For lots created by Section 26.480.030,
Historic Landmark Lot Split: 30.
The amendments to this section include allowing two detached homes on a 9,000
square foot lot as a permitted use. Currently, two detached houses are allowed as a
conditional use for landmark lots as small as 6,000 Srluare feet. The new permitted
use is an incentive for historic preservation and is consistent with what is allowed in
the neighboring R-6 zone district. This section is also amended to allow lots created
by the landmark lot split program to be as small as 3,000 square feet, also consistent
with the way lot splits are addressed in the residential zone districts.
REVIEW STANDARDS: Chapter 26.310, Amendments To The Land Use Code And
Official Zone District Map, at Section 26.314.040 provides nine (A-I) standards for City
Council and the Planning and Zoning Commission's review of proposed amendments to
the text of the Land Use Code. These standards, and staff's evaluation of the amendment
relative to them, are provided below.
A. Whether the proposed amendment is in conflict with any applicable
portions of this title.
RESPONSE: Historic Landmark Lot Splits are currently allowed in two residential zone
districts; R-6 and R-15A. The goal of the lot split is ro divide the mass that could be
added onto a historic building into two or more s~rucmres.
The office zone district, the subject of this code amendment, is primarily located along
Main Street, and there are four or five parcels that would likely be affected by this
application. The goal of dividing up the allowed floor area is as beneficial in the Main
Street neighborhood as it is in the neighborhoods where the lot split program currently
exists. As pan of this code amendment, language in the subdivision exemption and
growth management exemption standards that states that the lot split is granted for the
purpose of creating one additional single family dwelling, which would be an obstacle to
commercial office developmem on lot splits on Main Street, has been removed. Within
the Office zone district, subdivision of a historic landmark property will be allowed for
any use, commercial or residential.
6
P28
Staff and the review boards fred that there is no negative effect from this code
amendment and that it is in keeping with other stated goals and purposes in the Land Use
Code. It creates no change to development rights, only an option for fee simple
ownership rather than condominiumization, which has been viewed as an important
historic preservation incentive. Staff finds that this standard is met.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan,
RESPONSE: The Aspen Area Community Plan encourages infill development within
the historic townsite. It also encourages efforts to maintain an active, mixed use character
along Main Street and calls for the extension of the historic landmark lot split program ro
additional zone districts. Staff finds that this standard is met.
C. Whether the proposed amendment is compatible with surrounding zone
districts and land uses, considering existing land uses and neighborhood
characteristics.
RESPONSE: The proposed amendment does not create new land uses, and does not
specifically increase density since a duplex or two detached houses are already allowed
on a 6,000 square foot lot in the office zone district as a conditional use. Stafffinds that
this standard is met.
D. The effect of the proposed amendment on traffic generation and road
safety.
RESPONSE: The proposed code amendment is not anticipated to have any effect on
traffic generation or road safety because, as stated above, the density is already
envisioned in the zone district regnlations. Staff finds that this standard is met.
E. Whether and theextent to which the proposed amendment would result
in demands on public facilities, and whether and the extent to which the
proposed amendment would exceed the capacity of such public facilities,
including but not limited to transportation facilities, sewage facilities,
water supply, parks, drainage, schools, and emergency medical facilities.
RESPONSE: The proposed code amendment is not anticipated to have any additional
effect on infrastructure or in£rastructure capacities. Staff finds that this standard is met.
F. Whether and the extent to which the proposed amendment would result
in significantly adverse impacts on the natural environment.
RESPONSE: The proposed code amendment is not anticipated to have a negative effect
on the natural enviroamem. Staff finds that this standard is met.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
7
P29
RESPONSE: Main Street was historically a residential area. Today, only the westem
portion of the street (from 7th to 2nd Street) retains that character, becoming more
commercial and lodge oriented as one travels east.
The historic preservation design guidelines in regard to Main Street discuss the concept
of preserving some of the patterns and characteristics of a residential area, while allowing
for a mix of uses. The code amendment would support that goal by providing an
incentive to break new construction down into structures that reflect a ),ariety of building
sizes. Staff finds that this standard is met.
H. Whether there have been changed conditions affecting the subject parcel
or the surrounding neighborhood which support the proposed
amendment.
RESPONSE: Main Street has been nega[ively affected by traffic congestion. Any
efforts to preserve a small scale, pedestrian orientation to the area, through the creation of
some more modestly sized buildings, would be beneficial to the neighborhood. Staff
finds that this standard is met.
I. Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this title.
RESPONSE: The proposed amendment is in harmony with the public interest by
providing an incentive for the successful preservation of historic buildings. There has
been significant community input of late calling for more assistance and options for
owners of designated properties. Stuff finds that this standard is met.
RECOMMENDATION: Staff, HPC, and P&Z recommend that Council approve the
code amendment, finding that the review standards are met.
RECOMMENDED MOTION: "I move to adopt Ordinance #24, Series of 2001 ."
CITY MANAGER'S COMMENTS:
Exhibits:
Ordinance #24, Series of 2001
A. Photographs of properties likely to be affected by the code amendment.
P30 s
EXHIBIT A
604 W. Main Street
430 W. Main Street
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P31
320 W. Main Street
201 E. Main Street
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P32
ORDINANCE NO. 24
(SERIES OF 2001)
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING THE
FOLLOWING SECTIONS OF THE ASPEN LAND USE CODE: SECTION
26.480.030, SUBDIVISION EXEMPTIONS AND SECTION 26.710.180. OFFICE
ZONE DISTRICT
WHEREAS, the Community Development Deparmaem has received an
application from Scott and Caroline MacDonald for a code amendment to allow historic
landmark lot splits in the "0, Office zone district;" and
WHEREAS, Pursuant to Section 26.310.020, Procedure for Amendment, a
development application for an amendment to the text of the Municipal Code shall be
reviewed and recommended for approval, approval with conditions, or disapproval by the
Planning Director and then by the Planning and Zoning Commission at a public hearing,
and then approved, approved with conditions, or disapproved by the City Council m a
public hearing; and
WHEREAS, the review standards for a text amendment are stated in Section
26.314.040 of the Aspen Municipal Code; and
WHEREAS, the Community Development Director has consulted with the
Historic Preservation Commission and. in reports to the Planning and Zoning
Commission and City. Council, performed an analysis of the application based on the
standards, and recommended approval of the amendment; and
WHEREAS, during a duly noticed public heating on June 19, 2001, the Aspen
Planning and Zoning Commission considered the recommendation made by the
Community Development Director, took and considered public testimony and
recommended, by a vote of 5 to 0, that City Council approve the text amendment finding
that the review standards are met.
WHEREAS, the City Council has reviewed and considered the recommendations
of the Community Development Director, the Historic Preservation Commission, and the
Planning and Zoning Commission, and considered the public comment provided at the
August 27, 2001 and Septemeber 10, 2001 hearings, and finds that the text amendment as
described herein meets or exceed all applicable standards and that the approval is
consistent with the. goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary
for the promotion of public health, safety and welfare.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
P33
Section 1: That Section 26.480.030, Subdivision Exemptions, and Section 26.710.180,
Office zone district be amended to read as follows:
Section 26.480.030(A)(4), Subdivision Exemptions
4. Historic Landmark Lot Split. The split of a lot that is a designated historic
landmark for the development of one new single-family dwelling, or for commercial
development in the O, Office zone district. The Historic Landmark Lot Split shall meet
the requiremems of section 26.480.030(A)(2) and (4), section 26.470.070(C) for
residential development ,or (D) for commercial development and section 26.415.010(D)
of this Code, and the following standards:
a. The original parcel shall be a minimum of nine thousand (9,000)
square feet in size and be located in the R-6 zone district or O, Office zone district, or a
minimum of thirteen thousand (13,000) square feet and be located in the R-15A zone
district.
b. In the R-6 and K~15A zone districts, the total FAR for both
residences shall not exceed the floor area allowed for a duplex on the original parcel. The
total FAR for each lot shall be' noted on the Subdivision Exemption Plat.
In the Office zone district, the following shall apply to the calculation of maximum floor
area for lots created through the historic landmark lot split. Note that the total FAR shall
not be stated on the Subdivision Exemption Plat because the floor area will be affected by
the use established on the property:
If all buildings on what was the fathering parcel remain wholly residential in use, the
maximum floor area will be as stated in the R-6 zone district.
If any portion of a building on a lot created by the historic landmark lot split ~s in
commercial/office use, then the allowed floor area for that lot shall be the floor area
allowed for all uses other 'than residential in the zone district. If the adjacent parcel
created by the lot split remains wholly in residential use, then the floor area on that
parcel shall be limited to the maximum allowed on a lot of its size for residential use
according to the R-6 standards.
If there is commercial/office use on both newly created lots, the maximum floor area for
all uses other than residential in the zone district will be applied.
c. The proposed development meets all dimensional requirements of the
underlying zone district unless variances or bonuses are approved by the HPC.
P34
26.710.180 Office (0).
A. Purpose. The purpose of the Office (O) zone district is to provide for the
establishment of offices and associated commercial uses in such a way as to preserve the
visual scale and character of former residential areas that now are adjacent ro commercial
and business areas, and commercial uses along Main Street and other high volume
thoroughfares.
B. Permitted uses. The following uses are permitted as of'right in the Office (O) zone
district:
I. Detached residential dwellings, multi-family dwellings;
2. Professional business offices;
3. Accessory residential dwellings restricted to affordable housing guidelines;
4. Home occupations;
5. Group homes;
6. Accessory buildings and uses;
7. Dormitory; and
8. A mixed-use building(s) comprised of a residential dwelling unit and
permitted and conditional uses in the Office (O) zone district so long as such conditional
use has been approved subject to the standards and procedures established in Chapter
26.425; and
9. Accessory dwelling traits meeting the provisions of Section 26.520.040.
10. Two detached residential dwellings on a 9,000 square foot lot containing a
historic landmark, with .mitigation for the units to be provided according ro Section
26.470.070.B, Growth Management Exemptions.
C. Conditional uses. The following uses are permitted as in the Office (O) zone
district, subject to the standards and procedures established in Chapter 26.425:
1. Only for those structures that have received historic landmark designation:
antique store, art studio, bakery, bed and breakfast, boarding house, bookstore,
broadcasting station, church, dance studio, florist, fraternal lodge, furniture store,
mortuary, music store (for the sale of musical instruments), music studio, restaurant, shop
P35
craft industry, visual arts gallery; provided, however, that (a) no more than two (2) such
conditional uses shall be allowed in each structure, and (b~ off-street parking .is provided,
with alley access for those conditional uses along Main Street;
2. Duplex residential dwelling, with mitigation for the units to be provided
accord'mg to Section 26.470.070.B, Growth Management Exemptions.
3. Two (2) detached residential dwellings or a duplex on a lot containing a
historic landmark with a minimum area of 6,000 square feet, with mitigation for the units
to be provided according re Section 26.470.070.B, Growth Management Exemptions.
4. Child care cemer;
5. Commercial parking lot or parking structure that is independent of
required off-street parking, provided that it is not located abutting Main
Street;
6. Health and fitness facility; and
7. Lodge units and lodge units with kitchens.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Office (O) zone district:
1. Minimum lot size (square feet): 6,000. For lots created by Section
26.480,030, Historic Landmark Lot Split: 3,000.
2. Minimum lot area per dwelling unit (square feet):
a. Detached residential dwellifig: 6,000.
b. Duplex: 3,000 per unit.
c. Multi-family dwellings on lot between 6,000 and 9,000 square feet:
Studio: 1,000.
1 bedroom; 1,200.
2 bedroom: 2,000.
3 bedroom: 3,000.
3+ bedrooms: One (1) bedroom per 1,000 square feet of lot area.
d. Multi-family dwellings on lot of more than 9,000 square feet:
Studio: 1,000.
1 bedroom; 1,250.
2 bedroom: 2,100.
3 bedroom: 3,630.
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3+ bedrooms: One (I) bedroom per 1,000 square feet of lot area.
e. Multi-family dwellings on a lot of 27,000 square feet ~r less, when
at least fifty percent (50%) of the units built on-site are restricted as affordable housing:
Studio: 500.
1 bedroom: 600.
2 bedroom: 1,000.
3 bedroom: 1,500.
3+ bedrooms: One (1) bedroom per 500 square feet of lot area.
f. Multi-family dwellings on a lot of 27,000 square feet or less, when
one hundred percent (100%) of the units built on-site are restricted as affordable housing:
Studio: 300.
1 bedroom: 400.
2 bedroom: 800.
3 bedroom: 1,200.
3+ bedrooms: One (I) bedroom per 400 square feet of lot area.
3. Minimum lot width (feet): 60. For lots created by Section 26.480.030,
Historic Landmark Lot Split: 30.
Section 2: 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 provismn and such holding shall not affect the validity of the remaining
portions thereof.
Section 3: 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
ordinances repealed or amended as herein provided, and the same shall be conducted and
concluded under such prior ordinances.
Section 4: A public hearing on the Ordinance was held on the 13th day of August, 2001
at 5:00 P.M, in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen
(15) days prior to which hearing a public notice of the same was published once 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 9~' day of July, 2001
Attest:
Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor
P37
FINALLY, adopted, passed and approved this 10th day of September, 2001.
Attest:
Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor
Approved as to form:
John Worcester. City Attorney
P38
MEMORANDUM
TO: Mayor and Council
FROM: Julie Ann Woods, Community Development Director ~
Amy Guthrie, Historic Preservation Officer ~
RE: Extension of the stay on the operation of Section 26.480.080 of the
Municipal Code in regard to requests to de-list from the ~'Inventory of
Historic Sites and Structures," Second Reading of Ordinance No. 33,
Series of 2001
DATE: September 10, 2001
BACKGROUND
At a joint Council/HPC worksession on February 7, 2001, the City Council directed staff
to develop a "game plan" as to how we should proceed with the Historic Invemory, as
well as other aspects of the City's historic preservation pro,ram. Consistent with that
direction~ staff presented a proposed strategy on February 20 , which received Council's
support. Ordinance #10, Series of 2001, was subsequently adopted to suspend, for a
period of six months, any requests to de-list from the current inventory to give Staff time
to focus on the substantial task of overhauling the program.
In conjunction with Debbie Abele, consultant to the City of Aspen, the Community
Development Staff has been working to address several goals. These are:
1. Develop objective criteria as part of the City's Historic Preservation processes;
2. Inform / educate the public;
3. Develop new incentives and benefits of designation; and
4. Develop appropriate code amendments to ~mprove the regulations and processes
in place to preserve our historic resources.
Good progress has been made on all of these points and there has been a concerted effort
to reach the community for feedback in a variety of ways. Following the very successful
Community Forum, held on August 18th, staff iS beginning the process of preparing code
amendments and scheduling hearings. It is hoped that the new program will be in place
by the end of the year and that the HPC can recommence reviewing specific properties
for the Inventory, based on recommendations by our consultant, in January 2002.
STAFF RECOMMENDATION
Staff recommends that City Council adopt the attached ordinance suspending all actions
on the inventory list for another six months. The Community Development Department
will send a letter [o owners of properties currently listed, as well as the properties
proposed to be added, to inform them of the code amendment process that will be
underway, 'and to let them know that we will begin holding heatings on their properties,
using the new objective set of criteria, no later than February 27, 2002. There is an
P39
~ap~eal process built_into the Ordinance for proper~y owners who are burdened by the
._delay in revisiting the Inventory.
RECOMMENDED MOTION
"I move to adopt Ordinance #33, Series of 2001 ."
CITY MANAGER'S COMMENTS:
Attachment:
Ordinance No. 33, Series of 2001
P40
ORDINANCE NO. 33
SERIES OF 2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
EXTENDING A SUSPENSION OF THE OPERATION OF SECTION 26.420.080
OF THE MUNICIPAL CODE, RELATING TO THE INVENTORY OF
HISTORIC SITES AND STRUCTURES, FOR'AN ADDITIONAL SIX MONTH
PERIOD
WHEREAS, at a joint Council/HPC worksession on February 7, 2001, City Council
directed Community. Development Department staff to develop a plan for improving the
historic inventory process and other aspects of the City's historic preservation program.
Said plan was presented to Council and endorsed on February 20, 2001. The plan
included a request to temporarily suspend revtews of any requests to de-lisl from the
current inventory so that staff could have the time to focus on completing the program
overhaul. All other normal operations related to historic preservation, including caseload
review, would continue; and
WHEREAS, City Council agreed that this course of action was appropriate and
approved, via Ordinance #10, Series of 2001, a six month, suspension, set to expire on
August 26, 2001; and
WHEREAS, although substantial progress has been made during the six month period,
the final product, which includes amendments to the Municipal Code that will require
review by Council, have not been completed by the expiration of the stay; and
WHEREAS, the Community Development Department requests Council approval of a
six month extension of the stay, retroactive to August 27, 2001, to allow time for review
and adoption of the new inventory process, associated regulations, and preservation
benefits; and
WHEREAS, an appeal method established as part of Ordinance #10, Series of 2001 is
provided in this ordinance so that an owner may ask to have his property evaluated under
the current system if there are special conditions or circumstances which make waiting
for the adoption of the new system onerous; and
WHEREAS, the City Council has determined that .a significant number of citizens have
an interest in seeing the historic preservation provisions of the Municipal Code amended
to enact procedures that are consistent, fair, and predictable; and
WHEREAS, the City Council has determined that an additional period of up to six
months is needed to bring the progress that has been made to date before the citizens for
comment and the review boards for adoption; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
P41
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN AS FOLLOWS:
Section 1:
That the operations of Section 26.420.080 of the Municipal Code, relating to the
establishment of an "Inventory of Historic Sites and Structures" shall be stayed for a
period of six months, from August 27, 2001 until February 27, 2002.
Section 2:
The owner of any property currently listed on Aspen's "Inventory of Historic Sites and
Structures" pursuant to Section 26.420.080 of the Municipal Code may appeal to the City
Council for relief from the operation of this Ordinance. The City Council. within thirty
days of the filing of a written notice of appeal, or as soon after as is practical, shall
conduct a hearing in accordance with Chapter 26.316, Appeals, of the Municipal 'Code.
The City Council may grant relief from the operation of this Ordinance upon a finding
that:
I. The relief is generally consistent with the purpose, goals, objectives, and policies
of the Aspen Area Community Plan and Chapter 26.420 of the Municipal Code;
and
2. There are special conditions or circumstances which are unique to the applicant or
the parcel; and
3. The granting of relief from the operation of this ordinance shall not confer 'any
special privilege upon the applicant, other than relief from the operation of this
Ordinance, which is not available to other similarly situated property owners.
Section 3:
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 ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior Ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 5: A public hearin~ on the Ordinance was held on the 10th day of September,
2001 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado,
fifteen (15) days prior to which hearing a public notice of the same was published once in
a newspaper of general circulation within the City of Aspen.
P42
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen on the 13th day of August, 2001
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
John Worcester, City Attorney
FINALLY, adopted, passed and approved this 10th day of September, 2001
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
F~43
The OIL',' offlslien
Memorandum ti. Imorney's Office
TO: Mayor and Members of Coundl
FROM: John P. Worcester
DATE: September 10, 2001
RE: Ordinance No. 37, Series of 2001 ~ Code Amendment to Clarify Definition of
"Real Property" For Imposition of Real Estate Transfer Taxes.
Attached for your consideration and review is a proposed ordinance that, if adopted, would
amend the City's Municipal Code relating to Real Estate Transfer Taxes to clarify the definition
of "Real Property."
As you know, the City recently defended a lawsuit which advance the novel claim that because
the existing Code defines "real Property" to include "lands and interests in lands," the real estate
transfer taxes should only be assessed upon the value of the ground, soft, or earth, transferred,
and not upon the value of any buildings or other improve~ments upon the land. As you also know,
the original legislative intent of both the Wheeler and affordable housing RETT ordinances was
to assess both land and anprovements upon the land. Consistent with that legislative intent, the
City has collected the RETT upon the value of land and buildings from the first day of the
ordinances' enactment. The voters approved both ordinances in accordance with the City;s Home
Rule Charter recognizing that the taxes would be assessed and collected upon the value of both
land and bnild'mgs transferred.
The proposed ordinance merely clarifies that for the ptaposes of Chapter 23.48 of the City
municipal Code, the term "real property" means and includes "land," "tenements." and
"hereditaments," as we;; as mining claims and other claims, and chattels real This clarification
of the term should prevent anyone in the future from getting confused about the definition of
"real property" in the City's Municipal Code.
REQUESTED ACTION: Approval of ordinance following second reading and a public hearing.
JPw-og/os/2oo1-G:\]ohn\word\memos\rett-def.doc
P45
ORDINANCE NO..~
(Series of 2001)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING SECTION 23.48.010(c) OF THE MUNICIPAL CODE TO CONFIRM
AND/OR CLARIFY THAT. FOR THE PURPOSES OF CHAPTER 23.48 OF THE
MUNICIPAL CODE, THE TERM "REAL PROPERTY" IS CONSTRUED AS
COEXTENSIVE IN MEANING WITH THE TERMS "LAND," "TENEMENTS." AND
"HEREDITAMENTS' AND AS EMBRACING ALL MINING CLAIMS AND OTHER
CLAIMS. AND CHATTELS REAL
WHEREAS, in order m fund the renovation, reconstruction and maintenance of the
Wheeler Opera House, and to provide for the support of the visual and performing arts, the
City Council adopted Ordinance No. 20, Series of 1979 (now codified in Chapter 23.48 of the
City of Aspen Municipal Code), which imposed a real estate transfer tax on every document in
writing, wherein or whereby tkle ro real property situated in the City of Aspen is transferred;
and
WHEREAS, in order to fund the acquisition, maintenance and'operation of affordable
employee/community housing projects, the City Council adopted Ordinance No 13, Series of
1990 (now codified in Chapter 23.48 of the City of Aspen Municipal Code), which imposed a
real estate transfer tax on every document in writing, wherein or whereby title to real property
situated in the City of Aspen is trans, ferred; and
WHEREAS, the electors of the City of Aspen, pursuant to the Charter of the City of
Aspen, ratified and approved the Wheeler Opera House and affordable housing real estate
transfer taxes at duly scheduled municipal elections; and
02-96843. 02
P46
WHEREAS, the Wheeler Opera House and affordable housing real estate transfer taxes
have been extended by the City Council and subsequently ratified and approved by the electors
of the City of Aspen ar duly scheduled municipal elections; and
WHEREAS, the amounts of the Wheeler Opera House and affordable housing real
estate transfer taxes are computed as percentages of the consideration paid in return for the
transfer of ownership or title to real property; and
WHEREAS, the legislative histories of the ordinances adopting and/or extending the
Wheeler Opera House and affordable housing real estate transfer taxes clearly indicate that the
City Council intended such taxes to be based not only on the value of the ground, soil or earth
transferred, but also on the value of any buildings or other improvements thereon; and
WHEREAS, for over two decades, the City of Aspen Finance Department has assessed
and collected the Wheeler Opera House and/or affordable housing real estate transfer taxes ~n
a manner consistent with the City Council's original legislative intent; and
WHEREAS, certain parties have advanced the novel claim that, because
Section 23.48.010(c) of the City of Aspen Municipal Code defines "Real property" to include
"lands or interests in lands," the Wheeler Opera House and affordable housing real estate
transfer taxes should be assessed only on the value of the ground, soil or earth transferred, and
not on the value of any buildings or other improvements thereon; and
WHEREAS, consistent with its original legislative intent, the longstanding assessment
and collection practices of the City of Aspen Finance Department, and Section 38o30-150(2) of
the Colorado Revised Statutes, the City Council desires to confirm and/or clarify that, for the
purposes of Chapter 23.48 of the City of Aspen Municipal Code, the term "real property" is
02-96843. 02
P47
construed as coextensive ~n meaning with the terms "land,' "tenements," and "hered~taments"
and as embracing all mining claims and other claims, and chattels real.
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section I.
That Section 23.48.010(c) of the Municipal Code, which section defines the term "Real
property" for the purposes of Chapter 23.48 of the Municipal Code, shall be and hereby is
amended to read as follows:
(c) Real Property. "Real property" means and includes all lands or interests ~n
lands within the City of Aspen to which title or the right to title has been acquired from
or ratified by the government of the United States or the State of Colorado; and shall
be construed as coextensive in meaning with the terms "land," "tenements," and
"hereditaments" and as embracing all mining claims and other claims, and chattels
real.
Section 2.
This ordinance shall not have any effect on existing litigation and shall not operate as
an abatement of any action or proceeding now pending under or by virtue of any ordinance
repealed or amended as herein provided, and the same shall be construed and concluded under
such prior ordinances.
Section 3
The provisions of this ordinance are severable and the invalidity of any section, phrase,
clause or portion of the ordinance as determined by a court of competent jurisdiction shall not
affect the validity or effectiveness of the remainder of the ordinance.
02-96843. 02
P48
INTRODUCED, READ, APPROVED AND ORDERED PUBLISItED AND/OR
POSTED ON FIRST READING ON TIlE DAY OF ,
2001.
Helen Kalin Klandemd, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
INTRODUCED and FINALLY ADOPTED AFTER PUBLIC HEARING ON THE
DAY OF ,2001.
Helen Kalin Klandemd, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
02-96843. 02
?49
MEMORANDUM
TO: Mayor and Aspen City Council /
THRU: Julie Ann Woods, Community Development Directo~J~/~'''
Joyce Ohlson, Deputy Director ~
FROM: Fred Jarman, Planner ~.~.
MOUNTAIN CItALET LODGE PRESERVATION PROJECT
Om)INANCE NO. 23, SEINES 2001(SEco~qD ReAmNc)
PUBLIC HEARING
DATE: September 10, 2001
PROJECT SUMMARY:
The Applicant, Mountain C1~aie~ Enterprises, requests appropriate land use approvals in
order to conduct a three phase expansion of the Mountain Chalet Lodge. Specifically, the
land use requests include:
1) Rezoning from Lodge/ Tourist Residential (L/TR) to L/TR with Lodge
Preservation (LP) and Planned Unit Development (PUD) Overlays or (L/TR / LP
/ PUD);
(Rezoning will allow the Applicant to take advantage of the Lodge Preservation
program designed to allow small lodges to expand.)
2) Minor Planned Unit Development;
(LP projects are required to go through a Minor PUD process t6 set their dimensional
requirements for the project as well as respond to compatibility criteria.)
P51
3) Subdivision
(The Applicant must apply for subdivision because the five employee dwelling units
constitute a "multi-family dwelling" and are therefore considered a part of the
subdivision definition.)
PREVIOUS APPROVALS:
1) The Housing Authority recommended approval to the Planning and Zoning
Commission for the five (5) proposed employee housing units; and
2) The Planning and Zoning Commission recommended approval to City Council
for the rezoning to L/TR LP PUD, Minor Planned Unit Developmem, and
subdivision. In addition, the Mountain Chalet also received approval for 16 Lodge
Preservation (LP) allotments and an exemption from the Wheeler Opera House
View Plane.
STAFF COMMENTS:
The Applicant wishes to expand the Mountain Chalet which is located on the southwest
corner of Durant Avenue and South Mill Street in the L/TR zone district with a Planned
Unit Development (PUD) overlay. The Applicant requests the aforementioned land use
approvals to conduct a three phase redevelopment scheme for the Mountain Chalet.
Specifically, the three phases ,are outlined below:
Phase 1: This phase involves fourth and fifth floor additions to the central portion
of the structure. This phase will add eight new lodge units on the fourth
floor and a 1,530 sq. ft. lounge on the fifth floor. EmplOyee generation
mitigation for this phase will be accommodated by a temporary off-site
deed restricted unit at the Kitzbuhel Lodge.
Phase2: This phase includes the demolition of the lodge's eastern wing (2.5
stories) and replacement with a four story wing containing lodge rooms (7
unns per floor) and five sub-grade / garden level employee housing un/ts.
Phase 3: This phase involves only the interior remodeling of the lobby and common
areas on the first and second floors, and improvement of the Durant
Avenue sidewalk.
At present, the Mountain Chalet contains fifty-one (51) lodge units. This expansion will
increase the lodge units by sixteen (16) units for a grand total of sixty-seven (67) lodge
units. In addition to these lodge units, this expansion will also provide five (5} deed
restricted employee housing units for Mountain Chalet employees.
LODGE PRESERVATION ALLOTMENTS
The Applicant recently received approval for 16 LP allotments from the Planning and
Zoning Commission who grants approval to provide LP allotments to a particular project
on a first come / first served basis. The LP zoning allows the Applicant to take advantage
2
P52
of the Lodge Preservation Program designed to allow for the expansion of Aspen's
existing small lodges.
AFFORDABLE HOUSING/EMPLOYEE UNITS
The Applicant proposes five (5) employee dwelling units to be located in the sub-grade /
garden level of the Mountain Chalet. In effect, this housing provides affordable housing
units for 7.25 FTEs which is 3.41 more FTEs than is required. Staff agrees that due to
exaggerated housing costs in Aspen and the commuting work.force, it is difficult to
maintain steady employees. This higher mitigation will go a long way towards
malntmning good employees for the Mountain Chalet lodge.
As a result, the Applicant received a unanimous recommendation of approval to the
Planning and Zoning Commission from the Aspen / Pitkin County Housing Authority
(APCHA) for the proposed employee units on April 18, 2001 Further, the Applicant
received a GMQS Exemption from the Planning & Zoning Commission for 5 employee
housing units.
PROPOSED HEIGHT
In general, this expansion wilt result in the creation of a fourth floor over the central
portion and east wing of the current structure as well as adding a fifth floor lounge. The
Applicant is proposing to increase the heights of the Mountain Chalet from the existing as
indicated in the following matrix:
A picture of the Mountain Chalet on Sheet A3.0 of the application shows the full
expanded scheme illustrated by a dashed line indicating the expanded lodge. The current
height of the lodge is 36 feet (eight feet taller than allowed); the proposed new height
established in the PUD is 49 feet. This proposed' height allows for this fourth floor and
fifth floor lounge expansion while still remaining 10wer than the Ritz located directly
behind or south of the Mountain Chalet. The Ritz will continue to rise above the
Mountain Chalet as shown in the photo on Sheet A3.0 ?f the application.
PARKING
Currently, the Mountain Chalet maintains thirty-seven (37) off-street parking spaces and
three (3) loading spaces primarilY accommodated in a sub-grade parking garage under the
Mountain Chalet accessed from South Mill Street. The parking requirement for the L/TR
zone district is 0.7 spaces per bedroom unless otherwise established in a PUD.
3
P53
Currently, the Mountain Chalet contains 55 bedrooms which requires 38.5 spaces. The
proposed redevelopment will create a total of 76 bedrooms (including the 5 employee
housing bedrooms) which by the land use code requires the provision of 53.2 off-street
parking spaces. Effectively, the applicant would need to provide an additional 16.2 spaces
to satisfy the requirement of the Land Use Code; however, the applicant is not proposing
any additional parking with this expansion, l'he applicant wishes to establish a new
parking requiremem of 0.49 spaces per bedroom as established through the PUD.
While the Mountain Chalet has operated in the past with 37 spaces and taken advantage
of the Rubey Park Transit Center located across the street, Staff is concerned that an
increase in 21 units (16 lodge units and 5 employee units) without any new parking or
additional aitemative transportation methods to accommodate the expanded lodge may
result in unforeseen impacts. However, the Lodge Preservation (LP) Program and the
Aspen Area Community Plan (AACP) are sympathetic to considering transportation
alternatives as discussed below.
The LP Program was adopted to provide incentives allowing Aspen's small lodges to
expand through a more streamlined process so that they may continue to be a viable
lodging alternative for Aspen's visitors while staying competitive with the luxury
condominium type developments. Due to the fact that an expansion generally refers to a
site that is currently built out that wishes to add on to its current structure, on-sit~ parking
has most likely been long established on the site with little room for additional spaces.
This is certainly the case for the Mountain Chalet.
The AACP indicates that much should be done to provide disincentives for visitors /
commuters to Aspen to leave their cars at home. One of the main Policies of the AACP
regarding transportation is:
Structure new growth in the community in compact, mixed use patterns that enable
and support travel by foot, bicycle, public transportation for all types of trips.
The AACP Transportation element also contains the following Goals towards this end:
A. Continue to improve traveler's Aspen experience by providing local travel
information at bus stops, on the Internet, through brochures, etc. Reduce travel
by visitors in automobiles through support of innovative traveler services;
B. Consider other innovative transportation modes;
C. Provide a wide range of flexible transportation management tools and
techniques to reduce single-occupant automobile use.
The Applicant indicated during the Development Review Committee (DRC) meeting that
he gave our a total of 9 residential parking passes to guests over the course of the year
2000. In addition, upon a recent site visit to the lodge during peak capacity, the sub-grade
garage remained half full. Staff has suggested to the Applicant to provide additional
4
P54
alternative and innovative transportation options for guests of the lodge as well as the
employees living in the affordable units. The Environmental Health Department indicated
that the Applicant should implement traffic mitigation measures such as providing
carpool/vanpool financial incennves to employees, free bus passes, vanpools, dial-a-fide
service, paying for additional RFTA buses and service, private bus service for employees,
limiting parking, covered and secure bike storage, or free bike fleets for residents.
Again, Staffrecommends that five spaces be set aside during phase II when the employee
units are constructed, or find an alternate remote parking solution. This has been added
as a condition of approval.
PLANNING AND ZONING COMMISSION RECOMMENDATION
On June 25~h, 2001, the Planning and Zoning Commission unanimously recommended
approval to the City Council for this project with an additional condition that would
require the Applicant to either provide a voucher system or create a shuttle / van
service for the guests of the Mountain Chalet to mitigate for the lack of any additional
parking. This condition has been added to Ordinance No. 23, Series 2001.
STAFF SUMMARY AND RECOMMENDATION
It is clear, Aspen's small lodge bed base has declined considerably within the last ten
years. The City Council adopted the Lodge Preservation Program as a result of this
serious reduction to allow for easier expansion of small lodges given the economic
climate which caters more towards the higher end condominium units. Staff finds
that the proposed Mountain Chalet lodge expanston is a very strong example of why
the Lodge Preservation Program was created. This lodge expansion will allow one of
Aspen's most defining small lodges to expand and~maintain a c6mpetitive presence
in Aspen's dynamic lodge base economy.
Staff recommends the City Council approve the rezoning, minor planned unit
development, and subdivision for the Mountain Chalet Expansion with the
conditions listed in the Ordinance.
RECOMMENDED MOTION
"I move to approve Ordinance No. 23, Series of 2001, approving the rezoning from L/TR
to L/TR LP PUD, minor planned unit development, and subdivision, with conditions."
ATTACHMENTS
Exhibit A: Rezoning
Exhibit B: Minor Planned Unit Development
Exhibit C: Subdivision
Exhibit D: Application
5
P55
ORDINANCE NO. 23, (SERIES OF 2001)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE
REZONING TO L/TR WITH LP AND PUD OVERLAYS, MINOR PLANNED
UNIT DEVELOPMENT, AND SUBDIVISION FOR THE MOUNTAIN CHALET
LODGE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2 73 7-182-45-002
WHEREAS, the Community Development Department received an application
from the Mountain Chalet Enterprises (Applicant), represented by Mitch Haas, requesting
land use approvals for the provision of 16 Lodge Preservation allotments, an exemption
for the Wheeler Opera House & Wagner Park View Planes, rezomng, minor planned unit
development, subdivision, and GMQS exemptions for affordable housing and Lodge
Preservation for the Mountain Chalet lodge; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire,
Streets, Housing, Environmental Health, and Water Departments as a result of the
Development Review Committee meeting; and,
WHEREAS, upon rewew of the application, referral comments, and the
applicable Land Use Code standards, the Community Development Depar~mem
recommended approval for the proposed land use requests for the Mountain Chalet lodge
for the rezoning to L/TR LP PUD, minor planned unit development, and subdivision; and
WHEREAS, the Colorado Supreme Court in the case entitle'd Town of Telluride
v. Lot Thirty-Four Venture L.L.C. (case No. 98-5C-547, decided June 5, 20001 held thal
Section 38-I2-3-01, C.R.S., prohibits the enactment of an ordinance that imposes renu
controls; and,
WHEREAS, Section 38-12-301, C.R.S., states that the rent control statute is not
intended to impair the right of a municipality to manage and control any property in
which it has an interest through a housing authority; and,
WHEREAS, the applicant desires to grant m the Aspen/Pitkin County Housing
Authority an interest in the affordable housing units subject to the terms and conditions
contained herein; and,
WHEREAS, the Aspen/PitlOn County Housing Authority has consented to
accepting an interest in the affordable housing units on conditions that it be indemnified
and held harmless from any claims, liability, fees or similar charges related to ownership
of an interest in the property; and,
6
P56
WHEREAS, the City of Aspen / Pitkin County Housing Authority forwarded a
unanimous recommendation of approval to City Council to approve the proposed five
employee housing .units for the employees of the Mountain Chalet lodge; and
WHEREAS, the Planning and Zoning Commission approved, by a vote of five to
zero (5 - 0) via Resolution No. 25, Series of 2001, the provision of 16 Lodge
Preservation allotments, an exemption for. the Wheeler Opera House View Plane, and a
GMQS Exemption for Lodge Preservation allotments; and,
WHEREAS, the Planning and Zoning Commission forwarded a recommendation
of approval via Resolution No. 25, Series of 2001, by a vote of five to zero (5 - 0), To
City Council to approve a rezoning, minor planned unit development, and subdivision;
and
WHEREAS, the Aspen City, Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein as a
pan of the consent calendar at a regular City Council meeting on July 9, 2001, and
approved this Ordinance (on First Reading) for rezoning, minor planned unit development,
and subdivision; and
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Housing Authority, the applicable referral agencies, and has taken and considered public
comment at a regular public hearing on September 10, 2001, and approved this Ordinance
for mzoning, minor planned unit deveiopment, and subdivision, with conditions, by a vote
of __ to __ (_ - __); and
WI-1EREAS, the City Council finds that this request for r~zoning, minor planned
unit development, and subdivision meets or exceeds all applicable development standards
and that the approval of the application, with conditions, is consistent with the goals and
elements of the Aspen Area Community Plan; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS
FOLLOWS:
SECTION 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Mountain Chalet, parcel identification of 2737-182-45-002 is approved for the rezoning
to L/TR LP PUD, minor planned unit development, and subdivision. The Community
Development Department is hereby directed to amend the zomng map accordingly.
7
P57
SECTION 2
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Mountain Chalet Minor rezoning to L/TR LP PUD, minor planned unit development,
subdivision, subject to the following conditions:
1. A PUD Agreement shall be recorded within 180 days of the final approval by City
Council and shall include the following:
a. The information required to be included in a PUD Agreemem, pursuant to Section
26.445.070(C).
2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by
City Council and shall include:
a. A final plat meeting the requirements of the City Engineer and showing
easements, encroachment agreements and licenses with reception numbers for
physical improvemems, and location of utility pedestals.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
c. A drawing representing the project's architectural character.
3. Within 180 days after final approval by City Council and prior to applying for a
building permit, the applicant shall record a PUD Agreement and the Final PUD
Plans with the Pitkin County Clerk and Recorder binding this property to this
development approval.
4. The following dimensional requirements of the PUD are approved and shall be
printed on the Final Illustrative Plan. (units measured in feet or square feet):
6,000
No reqmrement
feet of lot ares
60 feet
I foot
0 feet
10 feet
No Requirement
51 feet
10 feet
4.8%
7.5' x 6' (45 square feet in S. Mill Street R.O.W.)
2.5:1 including basement additions
lqo requirement (no accessory commercial space
proposed).
0.49 spaces per bedroom (37 spaces and 76
bedrooms, including the five employee housing
bedrooms).
8
P58
5. The building permit application shall include:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
c. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
d. A tree removal permit as required by the City Parks Deparunent and any approval
from the Parks Department Director for off-site replacement or mitigation of
removed trees.
d. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer which maintains sediment and debris on-site during and
after construction. If a ground recharge system is required, a soil percolation
report will be required to correctly size the facility. A 2-year storm frequency
should be used in designing any drainage improvements.
6. The building permit plans shall demonstrate an adequate fire sprinkler system and
alarm system for the new buildings, in the event required by the Aspen Fire Marshal.
7. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter m the Community Development
Director stating that the conditions of approval have been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative
agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized,
those fees shall be payable according to the agreement.
8. The Applicant shall convey an undivided fractional interest (one tenth of 0.01%) in
the ownership of the deed restricted affordable housing to the Aspen/Pit!tin County
Housing Authority for the purposes of complying with the recent Colorado Supreme
Courl Decision regarding rent control Iegislation. The Applicant may submit an
alternative option to satisfy the rent control issue acceptable to the City Attorney.
9. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing
Authority and City of Aspen from any claims, liability, fees or similar charges related
to ownership in the deed restricted affordable housing unns.
I 0. Prior to phase 2 and prior to the building permit being issued, the Applicant shall
record a deed restriction for the affordable housing units, and grant the undivided
fractional interest in the ownership of the affordable housing units to the Aspen/Pitkin
County Housing Authority.
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11. The Applicant shall adequately mitigate for employee generation by providing deed
restricted employee housing for at least 3.84 FTEs as per the recommendation from
the Aspen / Pitkin County Housing Authority.
12. The Applicant shall submit to the Housing Office prior to the application of building
permits reconfigured employee unit square footages which meet the mimmum square
footage requirements as stated in the Guidelines and agreed to by the Applicant.
13. The five employee units shall be deed restricted at the Category 2 rental rare, but that
since the units are included in the lodge itself, income and asset restrictions shall be
waived~ Further, the Applicant shall meet with the Housing Office Staff prior to the
completion of Phase I to establish mutually acceptable lease [erms for employees
whose units are attached to the business.
14. That the Applicanl complete and record the deed restriction for the units prior to
application for building permits,' along with a temporary deed restriction for the unit
being used prior to completion of Phase 2, which is located in the Kitzbuhel Lodge.
Housing Office Staff shall approve the Kitzbuhel unit prior to the acceptance of this
unit for deed-restricted purposes; this unit shall be restricted at a Category 2 rate with
no limitations on income or assets. The deed restriction on this specific unit will be
released upon approval of the Certificate of Occupancy for the five employee umts
provided for in the Mountain Chalet.
15. The Applicant shall implement the following traffic mitigation measures to mitigate
for PM-10 emissions and trips generated: 1) provide free bus passes to employees, 2)
limit parking, 3) provide covered and secure bike Storage, and 4) provide a free bike
fleet consisting of five bikes for employees and guests of the lodge. In addition, and
as required by the Planning and,Zoning Commission, the Applicant shall mitigate for
the lack of parking and provide a courtesy van or airport taxi "vouchers" for guests of
the Mountain Chalet lodge to begin following the completion of Phase 3 of this
development.
16. The Applicant shall complete (prior to any of the remodel work, including removal of
drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if
necessary, a person licensed by the state to do asbestos inspections must conduct an
inspection. The Building Department cannot sign any building permits until they get
this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a
licensed asbestos removal contractor must remove k.
17. The Applicant shall pay the City of Aspen $1,683.00 in school land dedication fees.
These fees shall be due and payable at the time of issuance of a building permit for
the development.
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18. The Applicant shall pay the City of Aspen $44,520.00 in park development impact
fees. These fees shall be due and payable at the time of issuance of a building permit
for the development; and
19. The Applicant shall provide priority to the occupants of the five affordable housing
units for a total of five designated parking spaces of the 37 spaces to be located in the
sub-grade garage. In the event those occupants of the deed restricted affordable
housing units do not use those spaces, they shall remain available to general use of
the Mountain Chalet Lodge guests;
Section 3:
All material representations and commitments made by the applicant pursuant to this
application, whether in public hearings or documentation presented before the Historic
Preservation Commission, Planning and Zoning Commission, or City Council, are hereby
incorporated in such plan approvals and the same shall be complied with as if fully set forth
herein, unless amended by an authorized entity.
Section 4:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent j~risdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on this 9~ day of July, 2001.
Attest:
Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor
FINALLY, adopted, passed and approved this 10b Day of September, 2001.
Attest:
Kathr~n S. Koch, City Clerk Helen Kalin Klanderud, Mayor
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Approved as to form:
John Worcestor, City Attorney
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EXHIBIT A
REZONING
26.310.040 Standards of review,
In reviewing an amendment to the official zone district map, the City Council shall
consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
Staff Finding
Staff finds that the proposed amendment is consistent with all applicable portions of the
Land Use Code. The intended use of the property is consistent with the Lodge
Preservation (LP) zoning; specifically, the proposal is for the expansion of the Mountain
Chalet lodge so that more lodge units and affordable employee housing units can be
provided Both of these uses are allowed uses in the LP Overlay Zone District.
In order to accommodate the requests made in this application, the property will need to
be rezoned from its current designation of L/TR to include LP and PUD overlays. The
resulting zoning will be L/TR/LP/PUD. This rezoning fits exactly with the purpose of
the L/TR and LP zone districts. The purpose of the L/TR zone district is '~to encourage
construction and renovation of lodges, in the area at the base of Aspen Mountain."
Similarly, the Code describes the purpose of the LP Overlay zone district as being:
To provide for and protect small lodges on properties historically used for lodge
accommodations, to permit redevelopment of the'se properties 'to accommodate
lodge and affordable housing uses . . . to encourage development which is
compatible with the neighborhood and respective of the manner in which the
proper~y has historically operated, and to provide an incentive for upgrading
existing lodges on-site or onto adjacent properties.
The Applicant proposes an expansion, which is located in the area at the base of Aspen
Mountain. The Mountain Chalet has been located at its current location and used as a
lodge since 1954. The LP zoning request provides incentives to enable upgrading of the
existing lodge so that it can remain competitive with respect to visitor expectations that
have changed since the lodge was originally constructed.
The current lodging market demands "up-to-date" facilities and rooming
accommodations with more space and choices. The Mountain Chalet still maintains a
somewhat uniform supply of room sizes, most of which have outdated facilities.
Additionally, due to highly exaggerated cost of housing in the Aspen area coupled with
the increases in commuting traffic from the down valley area, the Mountain Chalet has
had a difficult time finding and maintaining quality employees. The proposed on-site
expansion will ensure the Mountain Chalet's continued viability as a lodge while
providing on-site housing for its employees. By rezonmg the property with LP and PUD
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overlays, this expansion and upgrading of the Mountain Chalet lodge can be realized in
order to allow for the continued existence of the lodge and the additional provision of
affordable housing for its employees. Stafffinds this standard m be met.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
The proposed amendment is consistent with all elements of the AACP. It will allow for
the expansion and continued viability of one of Aspen's few remaining locally owned.and
operated small lodges and the development of affordable housing for employees. The
AACP states that, "It is... balance between all sectors of the community that we are
striving rc retain and enhance." This statement refers to a balance between ~'Aspen the
communi .fy and Aspen the resort." By expanding this type of bed base, furthering the
viability of such a small lodge, and providing affordable housing, this proposed
expansion will further promote reestablishing the balance the commurfity has been
struggling to retain and enhance.
Moreover, the "Growth Action Plan" is intended to "Encourage land uses, businesses and
events which serve both the local community and the tourist base." This expansion of the
Mountain Chalet lodge and providing affordable housing for its employees will serve the
local community and the tourist base. This proposed development will further the
"Intent," policies and goals of the AACP's "Transportation Action Plan." The
transportation element of the AACP includes: "The community seeks to provide a
balanced, integrated transportation system for residents, visitors, and commuters that
reduces congestion and pollution;" "...reducing dependency on the astomobile requires
offering alternatives both for automobile use and storage and other means of transport;"
and, "Seek to balance public and private transportation.., by increasing the number of
available transportation choices."
The Mountain Chalet is located across the street from Rubey Park Transit Center and the
commercial core. Free bus service is available on a regular basis to and from the airport,
the three ski .areas that are not within walking distance, the music tent, the Maroon Bells,
and various other locations. There is no need for customers to have a vehicle at the
Mountain Chalet, but for those who do rem or otherwise arrive m their cars, the thirty-
seven existing spaces owned by the lodge, combined with the spaces on the surrounding
streets, have proven more than adequate. By limiting the amount of available off-street
parking to those spaces currently existing, guests and employees of the lodge will be
encouraged to utilize these alternative means of transportation to the maximum extent
practicable. Upon a recent site visit to the lodge during peak capacity, the sub-grade
garage remained only half full.
The "Intent" of the "Housing Action Plan," is to "Create a housing environment which is
dispersed, appropriately scaled to the neighborhoods and affordable." This expansion will
further the intent by creating affordable employee housing that is dispersed and
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appropriately scaled to the neighborhood. The proposed employee housing units will be
deed restricted and registered with the Aspen/Pitkin County Housing Authority to ensure
their continued affordability. The design of the affordable housing units is appropriately
scaled as they will be integrated with the expansion. This requested expansion is
consistent with the AACP policy for the development of"...small scale resident housing
which fits the character of the community and is interspersed with free market
housing..."
The project site is within the original City and Townsite of Aspen. In accordance with
the Lodge Preservation Overlay Zone District's encouragement of "affordable housing
for employees of the lodge," the proposal promotes the following 'tHousing Action Plan"
policies: "Encourage infill development within the existing urban area so as to... allow
more employees will be able to live close to where they work;" and, "... an employer
that builds affordable housing units shall have the right to designate that their employees
shall have first right to those affordable units, if they meet the qualifications."
The "Intent" of the "Commercial/Retail Action Plan" is to "Provide incentives for
managed strategic growth by... small lodges." This portion of the AACP explains that,
"The community must find ways to maintain these small lodges and the experience they
offer to our guests." In addition, the policies of the "Commercial/Retail Action Plan,"
indicate the following: "Provide incentives to keep small lodge owners in operation;"
and, "... allow for minor expansion with less mitigation required in order to maintain the
small lodge inventory in the community." The proposed sixteen unit expansion is
consistent with the goal of managed strategic growth by small lodges. The combination
of the LP and PUD Overlays allow for mitigation at the level of ingremental increases ~n
impacts due to an expansion, and the proposed employee housing exceeds 100% of the
incremental increase in employment that will be caused by the expansion.
The proposed layout of the new lodge units and their architecture have been designed to
be fully compatible and consistent with the current design. The philosophy of the
"Design Quality" section of the AACP explains that, "Modem buildings woven
throughout the traditional townsite and along the hillsides create an eclectic design
quality that contributes to the small-town umqueness of our community." The
architecture of the existing Mountain Chalet lodge has been described as
"Swiss/Mountain Chalet," and it is one of the structures that contributes to the eclectic
design quality and small-town uniqueness of Aspen. The expansion will maintain and
enhance this design quality in the area at the base of Aspen Mountain.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics.
The subject site is surrounded to the south and the west by L~ot 1 of the Aspen Mountain
PUD (AMPUD), which maintains a zoning of L-TR/PUD. The properties to the east,
northeast, and north are zoned park, public, and park, respectively, This request will
result in the project site being zoned Lodge-Tourist Residential with Lodge Preservation
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and Planned Unit Development overlays (L/TR/LP/PUD). The underlying L/TR zoning
will remain consistent with the neighboring, adjacent properties to the south, west, and
northwesT. Surrounding land uses include a mix of lodges, retail shops, parks and
recreation facilities, bars and restaurants, transportation facilities, and duplex, single-, and
multi-family residential. In comparison with other neighborhoods, the subject area is
densely developed. Stafffinds the proposed amendment is fully compatible with
surrounding land uses, zone districts, and neighborhood characteristics.
D. The effect of the proposed amendment on traffic generation and road safety.
The rezoning itself will not effect traffic generation or road safety. However, the lodge
expansion enabled by the rezomng, will effect traffic generation creating a maximum of
100 additional trips per day acqording to the Environmental Health Department's
analysis. However, this slight increase will be positively affected by the immediate
proximity to the Rubey Park Transit Center, skiing, and the commercial core. The
increase of vehicle trips over existing conditions for the site will have a negligible impact
on surrounding streets. It appears that the surrounding streets can adequately and safely
handle the impacts of the proposed development, and no improvements to the adjacent
streets are required as a direct result of the additional traffic volumes that may result from
the proposed expansion. By limiting the amount of available off-street parking to those
spaces currently existing, guests and employees of the lodge will be encouraged to utilize
alternative means of transportation to the maximum extent practicable.
E. Whether and the extent to which the proposed amendment would result in demands
on public facilities, and whether and the extent to which the proposed amendment
would exceed the capacity of such public facilities, including but not limited to
transportation facilities, sewage facilities, water supply, parks, drainage, schools,
and emergency medical facilities.
The proposed rezomng will not affect infrastructure or infrastructure capacities. With
regard to future plans for the property under the proposed L-TR/LP/PUD zoning,
adequate water supply and pressure is available to serve the proposed project without
additional upgrades to the City's treatmem and distribution systems. Fire protection
provided by existing hydrants will be adequate and will not be affected or interrupted by
development. The Applicant is required to install sprinkler systems the entire building.
Treatment capacity is available from the Aspen Consolidated Sanitation District (ASCD)
to serve the additional demand associated with the proposed project. Historic drainage
patterns and rates will be maintained (via the installation of roof drains, downspouts, and
dry wells) due te the fact that the amount of impervious spaces will not increase as a
result of this expansion.
Impacts on parks and schools will be minimal as most of the development is comprised of
tourist accommodations. Only five affordable 1-bedroom dwelling units are proposed,
and these will have little affect on schools or parks; they will contain only one bedroom
each and be used by employees of the lodge. There are several parks located immediately
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across the street. Paepke and Bass Parks are both just a few blocks to the north. These
parks provide adequate capacity to adequately serve the proposed development.
The roads serving the project site are currently plowed and maintained by the City of
Aspen. The site is located on a public street, making it easily accessible for emergency
medical and fire protection services. The introduction of sixteen new lodging units and
three affordable housing units will not result in demands exceeding the capacity of any
public facilities or services.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
This proposed rezoning will not affect the natural environment. The site is already
developed and located in a densely developed area. The expansion will not result in any
additional land consumption as the slight expansion of the building footprint will involve
already developed lands. The property will continue to be served by public water and
sanitary sewer systems, and historic drainage patterns will be maintained. The
availability of public transportation will help to reduce dependency on individual
automobile use by the guests and employees of the lodge, in turn, significantly reducing
the project's PM10 generation and affects on air quality.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
This rezoning will not be inconsistent or incompatible with Aspen's community
character. In fact, this rezoning enables application for the expanse-on of the Mountain
Chalet lodge which is consistent with the community character as indicated above.
I-I. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
It is clear, Aspen's small lodge bed base has declined considerably within the last ten
years. The City Council adopted the Lodge Preservation Program as a result of this
ser/ous reduction to allow for easier expansion of small lodges given the economic
climate which caters more towards the higher end condominium units. In the last ten
years, a total of 264 lodge rooms have been added/constructed while Community
Development Department records indicate 317 units have been lost since the start of the
1990s. This proposed amendment is a good step toward counteracting the trend of the
1990s resulting in significant losses to Aspen's small lodge and economy/moderately-
priced tourist bed base.
1. Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
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The proposed amendment is in harmony with the public interest as well as the purpose
and intent of the Land Use Code. The "Purpose" of the Lodge Preservation Overlay zone
includes providing "an incentive for upgrading existing lodges on-site or onto adjacent
properties." The LP rezoning will enable the on-site expansion and upgrading of the
Mountain Chalet. Therefore, the proposed amendment is in harmony with the purpose
and intent of the Regulations and the Lodge PreServation zoning. In addition, it has been
repeatedly recognized that the provision of housing for employees in Pitkin County and
Aspen is in the public interest and is in harmony with the purpose and intent of the
Regulations.
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EXHIBIT B
MINOR PLANNED UNIT DEVELOPMENT
Review Standards: Minor Planned Unit Development.
A development application for Minor PUD shall comply with the following standards and
requirements. Due to the limited issues associated with properties eligible for Minor PUD
Keview, certain standards shall not be applied as noted. The burden shall rest upon an
applicant to show the reasonableness of the development application, and its conformity
to the standards and procedures of this Chapter and this title.
,4. General requirements.
1. The proposed development shall be consistent with the ,4spen Area Community
Plan.
Staff Finding
Please refer to Rezoning (Criterion B) of this Memorandum.
2. The proposed development shall be consistent with the character of existing
land uses in the surrounding area.
Staff Finding
Please refer to Rezoning (Criterion C) of this Memorandum
3. The proposed development shall not adverselY affect the future development of
the surrounding area.
Staff Finding
With the exception of an increase in traffic generation that the applicant will further
mitigate for, the proposed development will not adversely affect the future development
of the surrounding area. The surrounding properties are essentially built out.
4. The proposed development has either been granted GMQS allotments, is exempt
from GMQS, or GMQ$ allotments are available to accommodate the
proposed development and will be considered prior to, or in combination
with,final PUD development plan review.
Staff Finding
The Applicant is aware that a total of twenty-nine LP tourist accommodation allotments
are currently available. This proposal requires 16 LP allotments. Pursuant to Section
26.470.070(J) of the Land Use Code, the five proposed affordable housing units are
exempt from the GMQS scoring and competition procedures.
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As a matter of process, the Planning and Zoning Commission decides whether or not to
grant the sixteen requested LP allotments. The GMQS Exemptions for the five affordable
housing units will be decided by City Council during its review of the Minor PUD.
Therefore, in accord with the requirements of this standard, all GMQS allotments and
exemptions needed to accommodate the proposed development will be considered in
combination with this PUD development plan review.
B. Establishment of Dimensional Requirements:
The PUD developmem plans shall establish the dimensional requirements for
all properties within the PUD. The dimensional requirements of the
underlying zone district shall be used as a guide in determining the
appropriate dimensions for the PUD. The proposed dimensional requirements
are listed below and shall comply with the following:
Dimensional Requirements Comparison
(units measured in feet or square feet)
/ 6,000 square feet 6,000
55,000 square feet No requirement
Regulated via minimum lot area per dwelling unit; One lodge or residential bedroom per 197
otherwise, not specifically regulated, square feet of [or area.
60 feet 60 feet
I0 feet 1 foot t
5 feet 0 feet
I0 feet 10 feet
Not regulated No Requirement
28 feet 51 feet
10 feet I0 feet
25% 4:8% (or no requirement)
7.5' x 6' (45 square feet in S. Mill Street
Not regulated R.O.W.)
I 1:1 2.5:1 including basement additions
Rental space limited to a maximum of 0.5:1, which can be
increased to 0.75:1 if at least 331/3% of the additional No requirement (no accessory commercial
floor area is approved for residential use restricted to space proposed).
affordable housing for employees of the lodge; non-unit
space must account for no less than 0.25:l
0.49 spaces per bedroom (37 spaces and 76
0.7 spaces per bedroom, of which 0.2 spaces per bedroom bedrooms, including the five employee
may be provided via payment-in-lieu hous ng bedrooms).
*Setbacks and height vary in the development program. The specific dimensions included in the approved
PUD plan define these dimensional standards.
1. The proposed dimensional requirements for the subject property are appropriate
and compatible with the following influences on the property:
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a9 The character of, and compatibility with, ~existing and expected future land
uses in the surrounding area.
b) Natural or man-made hazards.
c9 Existing natural characteristics of the property and surrounding area such
as steep slopes, waterways, shade, and significant vegetation and landforms.
d) Existing and proposed man-made characteristics of the property and the
surrounding area such as noise, traffic, transit, pedestrian circulation,
parking, and historical resources.
Staff Finding
There are no known natural or man-made hazards affecting the project site. There are no
waterways affecting the project site or surrounding area. The existing vegetation on the
project site is sparse, consisting mainly of that which has been planted within the various
planter boxes. It is the Applicant's intention to remove and replace only those trees
within the planters that have caliper measurements of less than four inches. All other
trees are to remain.
2. The proposed dimensional requirements permit a scale, massing, and quantity of
open space and site coverage appropriate and favorable to the character of the
proposed PUD and of the surrounding area.
Staff Finding
The Applicant proposes increasing the height to accommodate a foUrth and fifth floor that
is in keeping with the current architecture that has helped to define the Mountain Chalet
today. This PUD will allow primarily for the ability to set the parking requirements and
height requirements as discussed in this memorandu~n. Neither thi'site coverage nor the
open space conditions of the site will change from those which currently exist. The
massing and scale of the proposed development is consistent with that of the surrounding
neighborhood. The expanded structure will provide for a more appropriate and complete
backdrop to Wagner Park. This will better help to define the edge of the commercial core
and the start of the Aspen Mountain base area neighborhood.
3. The appropriate number of off-street parking spaces shall be established based on
the following considerations:
a) The probable number of cars used by those using the proposed development
including any non-residential land uses.
b) The varying time periods of ase, whenever joint use of common parking is
proposed.
c) The availability of public transit and other transportation facilities,
including those for pedestrian access and/or the commitment to utilize
automobile disincentive techniques in the proposed development.
d) The proximity of the proposed development to the commercial core and
general activity centers in the city.
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Staff Finding
The Land Use Code requires 0.7 parking spaces per lodge bedroom unless otherwise
established via this standard. A total of 37 off-street parking spaces are proposed on the
project site (no change). Moreover, the commemlal core (one block), the Rubey Park
Transit Center (across the s~ree0, and Aspen Mountain (1.5 blocks) are all within easy
walking distance. Limiting the amount of available off-street parking to those spaces
currently existing will serve as a disincentive, encouraging guests and employees of the
lodge to utilize alternative means of transportation to the maximum extent practicable,
thereby forwarding the community goals expressed in the AACP. However, Staff
believes that the Applicant should designate five spaces for the affordable housing units
in accordance with the Housing Office's suggestion of 3 to 5 spaces.
4. The maximum allowable density within a PUD may ~be reduced if there exists
insufficient infrastructure capabilities. Specifically, the maximum density of a
PUD may be reduced if:
a) There is not sufficient water pressure, drainage capabilities, or other
utilities to service the proposed development.
b) There are not adequate roads to ensure fire protection, snow removal, and
road maintenance to the proposed development.
Staff Finding
The project site benefits from sufficient infrastructure capabilities to serve the proposed
development and, therefore, no density reductions are necessary. As a result of the DRC
meeting with various referral agencies, all utilities are available to the site and the
existing capacities are adequate to accommodate the proposed density. Durant Avenue
and South Mill Street are City of Aspen public rights-of-way and, as such, are already
plowed and maintained by the City of Aspen. Vacated Dean Street is plowed by the St.
Regis Hotel in exchange for the Mountain Chalet's commitment to provide maintenance
(i.e., chip sealing in the summer); the two hotels maintain an agreement to this effect.
The Aspen Fire District station is a three blocks from the project site, and the Mountain
Chalet which is served with ample existing hydrants and is located within the fire
protection district.
5. The maximum allowable density within a PUD may be reduced if there exists
natural hazards or critical natural site features. Specifically, the maximum density
of a PUD may be reduced if:
a) The land is not suitable.for the proposed development because of ground
instability or the possibility of mud flow, rock falls or avalanche dangers.
b) The effects of the proposed development are detrimental to the natural
watershed, due to runoff, drainage, soil erosion, and consequent water
pollution.
c) The proposed development will have a pernicious effect on air quality in the
surrounding area and the City.
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d) The design and location of any proposed structure, road, driveway, or trail
in the proposed development is not compatible with the terrain or causes
harmful disturbance 'to critical natural features of the site.
Staff Finding
The project site is suitable for the proposed development. It is already developed and the
proposed expansion will not consume much additional land. It is essentially fiat, and all
of its area is within the slope classification category of 0-20%. As a result, very little
addition impervious surfaces will be created on the property and only minimal impacts to
the existing drainage conditions will result. Historic drainage rates will be maintained via
the installation of an engineered roof drain, downspout and dry well system. Thus, the
proposed development will not be detrimental to the natural watershed and will not result
in water pollution.
No wood burning devices will be installed. Further, the development will encourage the
use of alternative means of transportation such as the buses to/from Rubey Park and
walking. This will help to limit the mount of PM-10 generation attributable to the
development. Regardless, the applicant will be required to comply with all requirements
of the Environmental Health Department in connection with the issuance of building
permits, and this will ensure that affects on air quality are addressed. No additional
driveways, roads, or trails are proposed on the project site. There are no critical natural
features on the site, and site disturbance will be kept to the mimmum required for
construction
6. The maximum allowable density within a PUD may be increased if there exists a
significant community goal to be achieved through stich increase and the
development pattern is compatible with its surrounding development patterns and
with the site's physical constraints. Specifically, the maximum density of a PUD
may be increased if..
a) The increase in density serves one or more goals of the community as
expressed in the Aspen Area Community Plan (AACP) or a specific area
plan to which the property is subject.
b) The site's physical capabilities can accommodate additional density and
there exists no negative physical characteristics of the site, as identified in
subparagraphs 4 and 5, above, those areas can be avoided, or those
characteristics mitigated.
c) The increase in maximum density results in a development pattern
compatible with, and complimentary to, the surrounding existing and
expected development pattern, land uses, and characteristics.
Staff Finding
The maximum allowable density in the underlying L/TR zone district is regulated via
minimum lot area per dwelling unit; otherwise, it is not specifically regulated at all for
allowed uses such as lodges. The proposed dime'nsional requirements, will allow one
lodge or residential bedroom per 245 square feet Of lot size. The discussion regarding the
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proposal's consistency with the goals and objectives of the AACP clearly demonstrates
that the project will serve to advance many goals of the community, not the least of which
address small lodges and affordable housing. Also, as demonstrated in response to the
two previous criteria, the site is physically capable of supporting the proposed density.
Finally, the proposed development will be compatible with and complimentary to the
existing and expected surrounding development pauerns, land uses, and characteristics.
C. Site Design.
The purpose of this standard is to ensure the PUD enhances public SPaces,
is complimentary to the site's natural and man-made features and the
adjacent public spaces, and ensures the public's health and safety. The
proposed development shall Comply with the following:
1. Existing natural or man-made features of the site which are unique,
provide visual interest or a specific reference to the past, or contribute
to the identity of the town are preserved or enhanced ~n an appropriate
Staff Finding
The site does not presently contain any unique natural or man-made features that provide
visual interest or a specific reference to the past, but Wagner Park and the Silver Cimle
Ice Prink are both located directly across the street from the subject property. The
Mountain Chalet will maintain its existing street orientations and architectural style. As
the proposed elevations demonstrate, the building will continue to exhibit and provide a
strong example of the Mountain Chalet style. The roof pitches will be maintained, as will
the patterns created by the horizontal wood siding, balconies and shutters. The "Chalet"
style detailing will be continued onto the redeveloped east wing as well as the new fourth
and fifth floors. The perceived mass will be broken up by the inclusion of several gable
ends, many balconies, and a change in exterior building materials between the lower and
upper floors.
The peak ridge height is reached in only two small areas that are set back in the center of
the structure. The structure's height will be significantly less from the Dean Street side
due to the higher grade existing on the south side. Designated and protected view planes
from the Wheeler Opera House will not be affected, and views from the commercial core
to Aspen Mountain will not be compromised. In fact, only the north St. Regis facade will
be obstructed. Further, the proposed overall height of the Mountain Chalet will be
similar ro, but still lower than that of the St. Regis. Moreover, the heights proposed
herein will be perceived as significantly lower than the height of the St. Regis and the
hotel proposed for replacement of the Grand Aspen since both of these sites are located
substantially higher up the hillside created by the base of Aspen Mountain.
The existing Mountain Chalet lodge was constructed in multiple (11) phases over a
period spanning some forty-one years. As a result, the existing design is somewhat
24
P74
disjointed, with a four story west wang next to a two and one-half (2.5) story center and
east wing. Architectural detailing is not consistent on-all sides. The completed expansion
will provide an overall balance to the structure.
2. Structures have been clustered to appropriately preserve significant
open spaces and vistas.
Staff Finding
Only one structure exists on the property and no additional structures are proposed. The
peak ridge height of the expansion is clustered into only two small areas that are set back
in the center of the structure. Please refer to the response provided for the prewous
standard for greater elaboration on the proposal's effect on vistas.
3. Structures are appropriately oriented to public streets, contribute to the
urban or rural context where appropriate, and provide visual interest
and engagement of vehicular and pedestrian movement.
Staff Finding
Please refer to the response provided for standard C.I., above.
4. Buildings and access ways are appropriately arranged to allow
emergency and service vehicle access.
Staff Finding
The site is surrounded on two of its four sides by pul21ic rights-of-yvay, and by a private
street on its third side. Emergency vehicle access will continue as is, primarily from
Durant Avenue and vacated Dean Street. The structure is and will continue to be
accessible for fire protection. Service and delivery vehicles will continue to use the
existing loading areas on vacated Dean Street and Durant Avenue. The trash area will
remain in its current location, just off South Mill Street at the top of the garage ramp.
$. Adequate pedestrian and handicapped access is provided.
Staff Finding
The existing detached sidewalks will be maintained around the structure's east, north and
south sides. All sidewalks will remain in their current configurations, except the Durant
Avenue sidewalk will be improved as part of the development's third phase in order to
provide a level grade. The improvemem of the Durant Avenue sidewalk will greatly help
with handicap access. The handicap accessible ramp along the side of the garage ramp
will be rebuilt as part of the expansion and will continue to comply with ADA
specifications. The elevator access to the upper levels will be maintained throughout the
expansion processes. The two handicap accessible rooms (units 108 and 110) will
continue to comply with ADA specifications.
25
P75
6. Site drainage ~s accommodated for the proposed development in a
practical and reasonable manner and shall not negatively impact
surrounding properties.
Staff Finding
The project site is already developed and the proposed expansion will consume very little
additional rand. Therefore, oniy minimal additional impervious surfaces will be created
on the property and, only minimal impacts to the existing drainage conditions will result.
Regardless, an engineered roof drain, downspout and dry well system will be installed to
ensure that no drainage related impacts will be felt on surrounding properties.
7. For non-residential land uses, spaces between buildings are
appropriately designed to accommodate any programmatic functions
associated with the use.
Staff Finding
There are no detached buildings to accommodate spaces between. No new outdoor
programmatic functions are associated with the proposed development. The existing
courtyard areas will be maintained.
D. Landscape Plan.
The purpose of this standard is to ensure compatibility of the proposed
landscape with the visual character of the city, with surrounding parcels, and
with existing and proposed features of the subject property. The proposed
development shall comply with the following:
1. The landscape plan exhibits a well designated treatment of exterior spaces,
preserves existing significant vegetation, and provides an ample quantity
and variety of ornamental plant species suitable for the Aspen area climate:
Staff Finding
There is currently very little landscaping on the property as it is mostly built out to the lot.
lines with the lodge structure itself except for several planters and a large tree located in
front of the Mountain Chalet. To date, no landscaping plan has been submitted and for
practical reasons, is unnecessary in the subject case. The Applican.t intends to replace all
existing trees located in planter boxes and having caliper measurements of less than four
inches. Otherwise, all existing plantings will be maintained and no additional plantings
are currently proposed.
2. Significant existing natural and man-made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in qn
appropriate manner.
26
P76
Staff Finding
Please refer to the response provided for the prewous standard.
3. The proposed method of protecting existing vegetation and other landscape
features is appropriate.
Staff Finding
For any trees to be protected or otherwise requiring protection, the applicants propose the
following methods of ensuring their protection. Prior to construction, all trees to be
protected will have orange protective barrier fencing erected which, as a minimum, will
be supported by 1' x 1' ar similar sturdy stock for shielding of protected trees no closer
than six feet from the trunk or one-half (1/2) the distance of the drip line, whichever is
grea~er. Within this protection zone, there will not be any movement ofequipmem or
storage of eqmpmem, materials, debris, fill, or cut unless approved by the City Forester.
During the construction stage, the developer will prevent cleaning of materials or
equipment, or the storage or disposal of waste materials such as paints, oils, solvents,
asphalt, concrete, mortar, or any other material harmful to the life of a tree within the drip
line of any protected tree or group of trees. If these methods are deemed by the City
Forester as unsatisfactory or in need of supplementation, the applicant is willing to work
with him to arrive at an acceptable plan.
E. Architectural Character.
It is the purpose of this standard is to encourage architectural interest, variety,
character, and visual identity in the proposed development and within the City
while promoting efficient use of resource~s. Architectural character is based
upon the suitability of a building for.its purposes, legibility of the building's
use, the building's proposed massing, proportion, scale, orientation to public
spaces and other buildings, use of materials, and other attributes which may
significantly represent the character of the proposed development. There shall
be approved as part of the final development plan an architectural character
plan, which adequately depicts the character of the proposed development.
Th e proposed architecture of th e development shall:
1. be compatible with or enhance the visual character of the city,
appropriately relate to existing and proposed architecture of the property,
represent a character suitable for, and indicative of, the intended use, and
respect the scale and massing of nearby historical and cultural resources.
Staff Finding
The existing Mountain Chalet lodge was constructed in eleven phases over some forty-
one years. As a result, the existing design is somewhat disjointed, with a four story west
wing next to a two and one-half (2.5) story center and east wing. Architectural detailing
is not consistent on all sides. The completed expansion will provide an overall balance to
27
P77
the structure. The expanded structure will provide for a more appropriate and complete
backdrop to Wagner Park.
The "Design Quality and Historic Preservation" element of the AACP is intended to
"Ensure the maintenance of character through design quality and compatibility with
historic features." The architecture of the existing Mountain Chalet lodge has been
described as, appropriately enough, "Swiss/Mountain Chalet," and it is one of the
structures that contributes to the eclectic design quality and small-town uniqueness of
Aspen. The expansion will maintain and enhance this design quality in the area at the
base of Aspen Mountain. The proposed layout of the new lodge units and their
architecture have been specifically designed to be fully compatible and consistent with
the existing design. This will ensure that the architecture represents a character suitable
for and indicative of the intended use.
2. incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade, and vegetation and by use
of non- or less-intensive mechanical systems.
Staff Finding
There is an existing, outdoor swimming pool and hot tub, both of which are partially
heated with power generated from the six solar collectors on the roof of the building's
east wing. If practical, the Applicant intends to reinstall the existing solar panels or
replace them with new ones after the expansion is completed. The reinstalled or replaced
solar panels would be moved to the center portion of the building, facing Dean Street in
order to make them less visible from the surrounding public streets and sidewalks. All
existing and created sub-grade spaces benefit from natural cooling:
3. accommodate the storage and shedding of snow, ice, and water in a safe
and appropriate manner that does not require significant maintenance.
Staff Finding
The functions described in this standard are already accommodated by the existing lodge
and will continue to be facilitated in the same manners as presently employed.
F. Lighting.
The purpose of this standard to ensure the exterior of the development will be
lighted in an appropriate manner considering both public safety and general
aesthetic concerns. The following standards shall be accomplished:
1. All lighting is proposed so as to prevent direct glare or hazardous
interference of any kind to adjoining streets or lands. Lighting of site
features, structure~, and access ways is proposed in an appropriate manner.
28
P78
Staff Finding
No exterior lighting beyond that currently existing is proposed. Nevertheless, the
development will comply with Section 26.575.150, Outdoor Lighting, of the Regulations,
and specifically with Section 26.575.150(E), Non-Residential Lighting Standards
(including mixed use projects). Compliance with said section will ensure consistency
with this PUD review standard. No lighting of site features or structures is proposed, and
no lighting will cause direct glare on or hazardous interference of adjoining streets or
lands.
2. All exterior lighting shah in compliance with the Outdoor Lighting
Standards unless otherwise approved and noted in the final PUD
documents. Up-lighting of site features, buildings, landscape elements, and
lighting to call inordinate attention to the property is prohibited for
residential development.
Staff Finding
Please refer to the narrative provided in response ro the previous standard.
G. Common Park, Open Space, or Recreation Area.
If the proposed development includes a common park, open space, or recreation
area for the mutual benefit of all development in the proposed PUD, the
following criteria shall be met:
I. The proposed amount, location, and design of the common park, open
space, or recreation area enhances the character of the proposed
development, considering existing and proposed structures and natural
landscape features of the property, provides visual relief to the property's
built form, and is available to the mutual benefit of the various land uses
and property users of the PUD.
Staff Finding
No'designated parks, open spaces, or recreation areas are proposed as part of the PUD,
rendering this standard inapplicable.
2. A proportionate, undivided interest in all common park and recreation
areas is deeded in perpetuity (not for a number of years) to each lot or
dwelling unit owner within the PUD or ownership is proposed in a similar
Staff Finding
No common park or recreation areas are proposed.
3. There is proposed an adequate assurance through a legal instrument for the
permanent care and maintenance of open spaces, recreation areas, and
29
P79
shared facilities together with a deed restriction against future residential,
commercial, or industrial development.
Staff Finding
No such areas are proposed; thus, there is no need for a deed restriction against futgre
residential, commerciai, or industrial development.
H. Utilities and Public facilities.
The purpose of this standard is to ensure the development does not impose an
undue burden on the City.'s infrastructure capabilities and that the public does
not incur an unjustified financial burden. The proposed utilities and public
facilities associated with the development shall comply with the following:
Adequate public infrastructure facilities exist to accommodate the
development.
Staff Finding
Connections to public water and sewer will be made and the respective capacity of these
services will not be exceeded. Historic drainage patterns and rates will be maintained.
Impacts on parks and schools will be minimal as most of the development Is comprised of
tourist accommodations. Only three affordable studio dwelling units and two affordable
one-bedroom dwelling units are proposed for use by employees of the lodge, and these
will have negligible affects on schools and parks. Given the one bedroom or smaller size
of these units, it is not at all likely that school age children will be living on site. Park
lands are plentiful in the neighborhood, with Wagner Park, Bass Park, Paepke Park, and
the Silver Circle Ice Rink all located nearby. These parks and AspenMountain all
maintain more than enough capacity to adequately serve the proposed development.
The roads serving the project site are already plowed and maintained by the City of
Aspen. The site is located on a public street, making it easily accessible for emergency
medical services and fire protection. The introduction of sixteen new lodging units and
three affordable housing units will not result in demands exceeding the capacity of any
public facilities or services.
2. Adverse impacts on public infrastructure by the development will be
mitigated by the necessary improvements at the sole cost of the developer.
Staff Finding
Wh~le no adverse impacts on public infrastructure are anticipated, the Applicants have
'agreed to bear the costs of any necessary connections, upgrades, and line extensions.
Pursuant to Section 26.610.020 of the Regulations, park development impact fees for the
new lodge bedrooms (but not the affordable housing bedrooms) will be due at the time of
building permit issuance.
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P80
3. Oversized utilities, public .facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for the
additional improvement.
Staff Finding
It is not believed that any over-sizing of utilities will be necessary, but if such should be
required, the applicant will be glad to be reimbursed. In the event that utilities have been
oversized in connection w/th other developments in the area and an agreement for
reimbursement is in place, the applicants will pay their proportionate reimbursement fees
for connection to such facilities.
I. Access and Circulation. (Only standards 1&2 apply to Minor PUD
applications)
The purpose of this'standard is to ensure the development is easily accessible,
does not unduly burden the surrounding road network, provides adequate
pedestrian and recreational trail facilities and minimizes the use of security
gates. The proposed access and circulation of the development ~hall meet the
following criteria:
1. Each lot, structure, or other land use within the PUD has adequate access
to a public street either directly or through an approved private road, a
pedestrian way, or other area dedicated to public or private use.
Staff Finding
Each unit of the proposed PUD will have direct access to the adjacem streets via the
vartous exits from the lodge.
Z The proposed development, vehicular access points, and parking
arrangement do not create traffic congestion on the roads surrounding the
proposed development, or such surrounding roads are proposed to be
improved to accommodate the development.
Staff Finding
As mentioned above in prior sections of this memorandum, the proposed development
will not create traffic congestion on the roads surrounding the property. The property
is surrounded by streets on three of its four sides. The surrounding streets can
accommodate the proposed development without any need for further improvement
J. Phasing of Development Plan. (does not apply to Conceptual PUD applications)
The purpose of this criteria is to ensure partially completed projects do not
create an unnecessary burden on the public or surrounding property owners
and impacts of an individual phase are mitigated adequately. If phasing of the
development plan is proposed, each phase shah be defined in the adopted final
PUD development plan. The phasing plan shall comply with the following:
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P81
1. All phases, including the initial phase, shall be designed to function as a
complete development and shall not be reliant on subsequent phases.
Staff Finding
The applicants propose three separate phases ro complete the development of the PUD.
The division of construction into three separate phases is necessary for the Applicants'
ability to finance the project.
Phase one involves fourth and fifth floor additions in the central portion of the structure.
The phase one addition wilt accommodate the development of eight new lodge units on
the fourth floor and a new lounge on the fifth floor. Phase two includes the demolition.of
the building's existing two and one-half (2.5) story eastern wing and its redevelopmem
with four stories of lodge rooms and sub-grade/garden level employee housing. The
phase two eastern wing will house seven new lodge units on each of its four floors, as
well as five employee dwelling units in the sub-grade/garden level space. Phase three
will involve only the remodeling of the lobby and common area spaces on the first and
second floors, and improvemem of the Durant Avenue sidewalks.
Each of the first two phases will function independently, as a complete development
when concluded. All necessary facilities and staff are already in place and will be
maintained throughout the various phases of development. When phase one is
completed, the lodge will function as normal. Phase two will be a bit more disruptive to
operation, but since it involves a distinct wing of the lodge, the unaffected portions will
be able to go on operating as usual. Phase three will require some interim measures, all
of which will be easily accommodated within the existing structure and during the off
season.
2. The phasing plan describes physical areas insulating, to the extent practical,
occupants of initial phases from the construction of later phases.
Staff Finding
Potential occupants of the initial phases will be made aware of when subsequent
construction phases will commence, and will have the choice of whether or not to use the
affected unit(s).
3. The proposed phasing plan ensures the necessary or proportionate
improvements to public facilities, payment of impact fees and fees-in-lieu,
construction of any facilities to be used jointly by residents of the PUD,
construction of any required aJfordable housing, and any mitigation
measures are realized concurrent or prior to the respective impacts
associated with the phase.
Staff Finding
The proposed phasing plan will be described in detail and guaranteed via the PUD
Agreement. The only applicable impact fees will be those associated with Parks, and said
32
P82
fees are required, and guaranteed, at the time of building permit issuance. Building
permit and PUD Agreement requirements will also guarantee any necessary
improvements to public facilities.
As discussed, the Applicant shall provide for employee generation for Phase 1 by deed
restricting rooms at the Kitzbuhel Lodge until Certification of Occupancies are provided
for the five employee units in Phase 2. Specifically, it is proposed that a one-bedroom
unit in the Kitzbuhel Lodge, owned by the applicant, will be temporarily deed restricted
to mitigate for the minor employee generation impacts attributable to the phase one
expansion.
33
P83
EXHIBIT C
SUBDIVISION
The Definitions section (26.104.100) of' the Land Use Code explains ~hat subdivision
approval is required whenever leasehold interests will be transferred, as will be the case
with the deed restricted employee housing units to be built in Phase Two of the Mountain
Chalet expansion~ Section 26.480.050 states that a development application for
subdivision review shall comply with the following standards and requirements:
A. General Requirements.
a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive
Plan.
Please see Standard B in ExhibitA rezoning for this response.
b. The proposed subdivision shall be consistent with the character of existing land
uses in the area.
Please see Standard C in ExhibitA rezoning for this response.
c. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
This standard has been covered in Exhibit B Minor Planned Unit Development for this
response.
d. The proposed subdivision shall be in compliance with all applicable requirements
of this Title.
Please see Standard A in ExhibitA rezoning for this response.
B. Suitability of Land for Subdivision.
a. Land Suitability. The proposed subdivision shall not be located on land unsuitable
for development because of flooding, drainage, rock or soil creep, mudflow,
rockslide, avalanche or snowslide, steep topography or any other natural hazard or
other condition that will be harmful to the health, safety, or welfare of the residents
in th e proposed subdivision.
This standard has been covered in Exhibit B Minor Planned Unit Development for this
response.
b. Spatial Pattern Efficient. Th'e proposed subdivision shall not be designed to create
spatial patterns that cause inefficiencies, duplication or premature extension of
public facilities and unnecessary public costs.
34
P84
This standard has been covered in Exhibit B Minor Planned Unit Development for this
response.
C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for
the proposed subdivision. These standards may be varied by special review (See,
Chapter 26.430) if the following conditions have been met:
1. A unique situation exists .for the development where strict adherence to the
subdivision design standards would result in incompatibility, with the Aspen Area
Comprehensive Plan, the existing, neighboring development areas, and/or the goals
of the community.
2. The applicant shall specify each design standard variation requested and provide
justification for each variation request, providing design recommendations by
professional engineers as necessary.
The applicant intends to provide all improvements set forth in Chapter 26.580, as
applicable. The improvements will comply with the design standards also contained tn
said Chapter.
D. Affordable Housing. A subdivision which is comprised of replacement dwelling
units shall be required to provide affordable housing in compliance with the
requirements of Chapter 26.520, Replacement Housing Program. A subdivision
which is comprised of new dwelling units shall be required to provide affordable
housing in compliance with the requirements of Chapter 26.470, Growth
Management Quota System
Chapter 26.520, Replacement Housing Program, is not applicable as no resident or other
multi-family housing is being demolished. The applicable standards of Chapter 26.470,
Growth Management Quota System, have been addressed as part of the application book,
in reference to the GMQS exemptions.
E. School Land Dedication. Compliance with the School £and Dedication Standards
set forth at Chapter 26.630.
This section of the subdivision regulations requires the dedication of land or the payment
of an in-lieu fee for each new residential unit in a subdivision. Note that Section
26.630.030(C) of the Code explains that, "When the proposed subdivision contains of
mix of residential, commemial, and other uses, the required dedication shall be based on
the number of proposed residential units only."
As the property in question contains only 18,750 square feet of land, almost all of which
ts developed, and is located within the original Aspen townsite, the dedication of land
would not be appropriate and the payment of cash-in-lieu represents a more fitting option.
These payments shall be made to the City prior to and on a proportional basis to the
35
P85
issuance of any building permits for the five deed restricted residential dwelling units
based on calculations to be performed by staff of the Community Developmem
Department in accordance with the formula provided in the Code.
The Calculation
The City of Aspen requires the either the dedication of land or payment of cash-in_-lieu
fee for each new unit in a subdivision so that current levels of services can be maintained
in the Aspen School District. The Applicant has offered a cash-in-lieu payment instead
of a land dedication. Calculatiug this payment is done in the following way (See Chart 1
below) pursuant to Section 26.630.040(B):
Chart 1.
Property Land Dedication ~ [ ]
Market Value X Standard per Unit X = Payment
In flus case, the Applicant is proposing 5 one-bedroom units of affordable housing for a
total of five bedrooms that equates to a Land Dedication Standard of 0.0012 for a one
bedroom unit. Since there are more than one unit proposed for this subdivision, then each
unit shall be assigned its proportionate share of the current market value which in this
case equates to $850,000 per unit. Using Chart 1. above, the fee is calculated as
$t,683.00.
$ 850,000 0.0012 (1 bedroom) 0.33 $336.60
$ 850,000 0.0012 (1 bedroom) 0.33 $336.60
$ 850,000 0.0012 (1 bedroom) 0.33 $336.60
$ 850,000 0.0012 (1 bedroom) 0.33 $336.60
$ 850,000 0.0012 (1 bedroom) 0.33 $336.60
Total $1,663.00
The market value of the land is defined as the value of the land at the time of paymem,
excluding the value of any structures on the property. The Applicant has determined,
according to Pitkin County assessors that the market value of the Mountain Chalet
property to be $4,250,000 which then generates a Land Dedication Fee of $1,683.00as
shown calculated in the matrix above.
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P86
MEMORANDUM
TO: Mayor and City Council
THROUGH: Steve Barwick, City Manager
FROM: Randy L. Ready, Assistant City Manager~/f'~
DATE: September 5, 2001
RE: Resolution No. 89 - Series 2001. ACRA Marketing Plan Budget
Approval
Summary:
Attached for your review is a proposed marketing plan and budget for the City of Aspen Tourism
Promotion Fund. A 1.0% Visitor Benefit Tax on the short-term rental of commercial lodging
accommodations was approved by Aspen voters in November 2000. Fifty percent (50%) of the
proceeds from the new tax are dedicated to transportation services and fifty percent (50%) are
dedicated to tourism promotion activities as described in Ordinance No. 45, Series 2000 and in
the subsequent Agreement effective February 27, 2001 between the City of Aspen and ACRA
regarding the tourism promotion fund.
The agreement requires ACRA to submit a "marketing plan and budget" prior to the beginning of
each annual term. Your approval of this proposed marketing plan and budget will extend the
Agreement through December 2002 and will authorize staff to pay over To ACRA the marketing
funds raised by the tax on a quarterly basis. The Finance Department currently projects that the
1.0% Visitor Benefit Tax will generate approximately $440,000 for the tourism promotion fund
in 2001.
Recommendation:
Staffrecommends a motion to approve Resolution No. 89, Series of 2001.
P87
RESOLUTION NO. 89
SERIES OF 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN. COLORADO.
APPROVING THE 2001-2002 MARKETING PLAN AND BUDGET FOR THE CITY OF
ASPEN TOURISM PROMOTION FUND AND EXTENDING THE TERM OF THE
AGREEMENT REGARDING THE TOURISM PROMOTION FUND THROUGH
DECEMBER 31 2002.
WHEREAS. on March 26, 2001 the Aspen City Council approved an Agreement
between the City, the Aspen Lodging Association (ALA), and the Aspen Chamber Resort
Association (ACRA) relating to the expenditure of a portion of the receipts of the recently
imposed 1.0% visitor benefit tax; and
WHEREAS. the Agreement requires ACRA to submit to the City a detailed annual
marketing program and expense budget, along with a review of the prewous year's program
(except for the first year); and
WHEREAS, the term of the Agreement may be extended by mutual agreement of the
parties upon the submission by ACRA of the annual marketing plan and budget and the approval
of the same by the City Council; and
WHEREAS. the City Council desires to approve the proposed marketing plan and budget
and thereby extend the term of the Agreement through December 31. 2002.
NOW, THEREFORE, BE IT RESOLVED BY .THE CITY COUNCIL OF THE CITY
OF ASPEN. COLORADO:
That the 2001-2002 marketing plan and budget appended hereto as Exhibit A is hereby
approved and the term of the Agreement is hereby extended to December 31, 2002.
RESOLVED. APPROVED, AND ADOPTED this 10th day of September, 2001. by the
City Council for the City of Aspen. Colorado.
Helen Kalin Klanderud, Mayor
I. Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is
a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held September 10, 2001.
Kathryn S. Koch, City Clerk
P88
- ASPEN
':~"-~" :~": September 10, 2001
of the Aspen City Ooune2.
~. ~ : We appreciate the oppor~u~ey [o present ~s markeeing plan and
~~ proposed budge~ for Aspen's ~ourism promotion fun& As you know,
c H A M B E R ~he Aspen Chamber gesorg Association was con~racged by
R E s o R T of Aspen ~o admits,er ghe marketing ~nds res~ing ~om the
passage of the lod~ng lax.
42s Ri,~ Gt-gndc Pl~c~ In this packet, you wi~ find the comprehensive, bound marketing
~p~ coto~,~ 8 ~ plan tha~ is a resulg of eig~e months of work by the AC~'s
Markeeing Advisory Committee and PgACO, ~he marketing firm
T 97(1 925 1941 we-hired. "
~w~'.~p~,,<:.,,,:b.,'.~,~ You also will find a brief overview of the plan with bullet points; the
detailed propose4 budge: for 2001-2002; and a summation of the
feedback we have received ~om the community.
We're available at any time :o answer questions, and we look
forward :o meet~g with you on Monday, Sept.
~erely,
Chris~ino .Nolen
President and CEO
Aspe~ Chamber gesor~ Association
P89
PRACO. LTD.
Public
Advertising
Company 2001-2002 ASPEN MARKETING PLAN
5300 DTC Pa,-~way. Campaign Goals
· ncr·as· hotel occupancy & expenditures for trial visitors
Suite 200
· Provide realistic ROI
Englewood, CO 80111 · Re-energize Aspen brand to tria visitors
· Leverage marketing investment through co-ops
303-689-0704
Campaign ObiectLves
Fax 303-850-7820 · Generate measurable direct contacts
· Generate $2,400,000 in new lodging revenue by year 2 of can* pa~gn
www.praco,com · Orovide short-term ROI of $6 to $1
· Provide long-term ROI of $18to $1
Member ,L~4A
Strategy #1: Research
· Brand Reoorl
· Aspen Ski Co. CO-bp Quantitative Survey
· Creative Testing
· ACRA Quantitative Survey
Strategy #2: Package Development
· 52 Packages per ~ear
· Developeo [}y ACRT
· Target "hot deal" travel sections in top 100 'national newsoapers
· Additional efforts in Los Angeles & Dallas
· Trackable and measurable
Strategy #3: Community Relations
·Two-way communication program ro eoucate inform, and elicit feedback on
the ACRA marketing efforts
Strategy #4: "Booster Shots" - Two Direct Marketing Campaigns
· Regional focus in LA & Dallas/Ft. Worth [winter & summer)
· MNI Magazines- 6 oublications
· Bloomberg.com
· NPR Radio soonsorshios
· Direct mail campaign with American Express - series of 3 posrcams
· Trackable and measurable
Strategy #5: Campaign Site
· Adiunct to ACRT site
· Address barriers
· Promote & list packages
· Links to booking function.or 800#
· Links to a variety of Aspen sites
· Trackable and measurable
Pg0
ASPEN CHAMBER RESORT ASSOCIATION
2001-2002 MARKETING PLAN:
COMMUNITY COMMENTS AND
MOST FREQUENTLY ASKED QUESTIONS
At the request of the city manager's office, we've compiled a brief repor~ on
the questions and comments the community offered in response to a review of
the marketing plan.
Background: Once the research had been completed and the marketing plan
began to take shape, ACRA and its contracted agency, PRACO, met with a
variety of community groups to discuss strategies and tactics. These groups
included .the ACRA's 20-member Marketing Advisory Committee; the Aspen
Lodging Association; PR Connections, which is the group composed of local
public relations managers; the Aspen Skiing Company staff and its agency
representatives; the Snowmass Village Resort Association staff and its
agency representatives; the ACRA Board of Directors; and the community at
large.
It must be noted that the general reaction, even from some ofihe most
opinionated, experienced folks in our community, was very positive. The
goals, objectives and strategies of the campaign were affirmed arid the
research and thoughtfulness that had led us to this 'point were acknowledged.
We then proceeded to more specific feedback:
How does this tie in to the Skiing Company's and Snowmass's
marketing plans? Thanks to thorough communication between our
marketing staffs and our agencies, we have all identified some very
consisten~ audiences we think are ripe for trial Skico, of course, goes after
the skier/snowboarder audience and segments it from there; Snowmass, not
surprisingly, will Strongly garget families: and ACRA has identified--by
lifestyle--affluent, active, metropolitan-area adults who love adventure-
based vacations. We are working hard to dovetail our efforts, not duplicate
them. SVRA and ACRA are employing cwo agencies with a strong fraternal
relationship, and we are talking about cooperative advertising in the fall of
2002.
Why is Aspen Central Reservations the call to action? We sent ou~
requests for proposals to virtually every local travel agent. ACRT's proposal
was selected by a subcommittee of the Marketing Advisory Committee. ACRT
has a sophisticated on-line booking system, tools for measuring results of our
campaign, and is a community-based reservations agency serving the Aspen
and Snowmass communities exclusively.
P91
Another Web site? Don't we have enough in this community? We don't
consider aspeneffect.com another Web site. It's a portal that we need to 1)
break down barriers to visiting and booking Aspen; 2) drive business to the
sites to which it seamlessly connects: aspensnowmass.com; stayaspen.com;
aspenchamber.org; etc. and 3) you'll hear us say this again and again--we've
got to have 'a tool co track the results of this campaign.
Why are Los Angeles and Dallas the focuses of the "booster shot"
campaigns? First, it's lmpor~ant to remember that the package
promotions--to the top 100 newspapers with package sections and travel
Web sites--and other elements of the Chamber's marketing efforts are
nationwide. The booster campaigns were limited to cwo markets because of
the advertising costs. Los'Aixgeles came to the top of everyone's list; research
has shown that we have a very strong California audience, with room for
growth~ Dallas was selected as th9 second city because: it is also a lucrative
market for Aspen; we needed a market that would work for both summer and
winter, and those folks who are not die-hard skiers in the East and Midwest
are not as likely to take a winter Rocky Mountain vacation, and Dallas is a
less expensive buy than, say, Chicago or New York. (As an aside, our research
showed that access was not the detractor we thought it might be. In other
words, we believe the absence of direct flights from Dallas is outweighed by
the positive points of this market.)
We understand public relations is a big part of the effort, but
promoting ~ package a week? Isn't that jusfinundating editors with
information they don't want? The ma3or goal of the marketing effort is to
drive business in the lodging sector, so offering vehicles that epcourage our
audiences to book is critical. And these are not stories we're pitching to
editorial staffs; these are attractive packages, activity-based, that we're
sending to publications that like tc list such packages in special sections.
How does the creative address campaign strategies? Aren't we just
selling sex? As one might expect, the display advertising graphics and copy
received the most comment. (Although a relatively limited portion of the
overall marketing plan, they are the most visible reflection of it.) It is
somewhat challenging to respond to this m a brief such as this, without
reiterating the research findings and strategies that logically led us To this
point. But in short, we believe that to achieve success, we need to do more
than list the attributes of the resort. We also need to do more than deny that
we are expensive, exclusive, and inaccessible. These strategies have been
employed in the paso, and are not driving incremental new business.
P92
We have to hit our targeted audience where they live, and they've told us the
element that distinguishes a successful experience for them is how they feel
on vacation. This group could essentially go anywhere; they make vacation
decisions based on how intense and sensuous they know their experiences
will be.
We also know that the most attractive photos and the best copy are useless if
no one is looking at them. If we are going to employ display advertising at all,
it has to draw attention or we've wasted our limited resources.
P93
ASPEN CHAMBER RESORT ASSOCIATION
2001-2002 MAHKETING PLAN
PROPOSED BUDGET
PRESENTED TO ASPEN CITY COUNCIL
SEPT. 10~ 2001
INCOME
Lodging tax revenue $ 440,000
Co-op funds $ 140,000
TOTAL INCOME 8 580,000
EXPENSE
Advertising - media buys S 168,000
*Committee expense $ 1,500
Contract labor
*administration $ 8,500
research $ 48,000
marketing .plan ~ 1,500
package development ~ 12,000
campaign site $ 28,500
*Legal and accounting $ 10,000
Postage and printing - direct n/ail S 156,000
Professional fees
production/graphic design $ 26,000
agency
research $ 12,000
marketing plan S 18,500
package development S 38,000
campaign site S 6,500
community relations $ 15,000
Travel S 10,000
Contingency S 20,900
TOTAL EXPENSE $ 580,000
* Chamber reimbursement
P94
To: City Council
From: Ed Sadler
Subject: Trolley Ballot Issue
Date: Aug. 14, 2001
To adequately address a ballot issue for the Aspen citizens to vote on in
the next year and to be adequately informed, there are several questions
that would need to be addressed. These are:
1) What is the proposed route of the Trolley?
2) How much will it cost (to build and to operate)?
3) How will it be paid for?
4) When will it start?
5) How long will it tak~?
6) What are the impacts (both during construction and long term)?
Ho~v long of a route is planned? Is the route the-original route proposed
by the Trolley Committee, or a shorter route? A shorter route will cost
less, require fewer cars, have less impact and be completed sooner. A
shorter route does however present turnaround problems. Once the
first question is answered, the second question is easier to answer.
Putting together costs for a project like this is somewhat more difficult.
If the route has been chosen, that narrows.:it down somewhat, but in
order not to mislead people, a rather thorough evaluation needs to be
done. A project like this is not as sim pie as refurbishing 6 trolleys,
laying some track and running electrical lines. More than likely, the
infrastructure work required will be more than half of the cost of the
project. Many Utilities will have to be relocated, roads rebuilt, sidewalks
replaced and transformers installed just to name a few items. Any cost
calculation should include these numbers and should also give some idea
of the maintenance and operation costs. Operation costs for a system
like this could be very expensive due to the age of the trolleys and the
difficult task of getting parts. Currently I would estimate that to get a
price together for building the system would run anywhere from
$25,000 to $75,000. The cheaper price would get you an estimate that
would be about 80% accurate and the higher price would get you an
estimate that would be about 95% accurate.
Who will pay seems to be cica r at this point, but there is a word of
caution. I believe that it is easier for the Trolley Committee to raise
P95
funds for the visible and more glamorous parts of the project like
refurbishing the trolleys and even laying track. Will the benefactors be
as willing to donate money for such things as moving a sewer line or
installing a new transformer? I believe that it just needs to be made
clear that the fundraisers are responsible for all aspects of the project.
Before the City makes a final commitment to the project, the
fundraising group should also be responsible for preparing, a realistic
operating plan with operating and maintenance costs included.
Next, is the question of when will it start? Will Council insist on a time
frame from the fundraising group to have raised its money so the
trolleys don't languish .at Cozy Point for another 10 years? This may
also be an important issue to impart on the voting public.
How long will the construction project take? Depending on the length
of the Trolley route, a project like this will take anywhere from one to
three years to complete working year around. This is not the type of
project that can be done in two-month increments during the off season.
As a reminder, it was only a year ago that numerous businesses were'
upset at the prospect of DEPP interrupting their businesses during the
off season for only 6-7 weeks. What will happen with main streets and
sidewalks being torn up for longer periods of time?
Impacts? The impacts will be numerous. In addition to the obvious
ones of losing parking spaces during construction, sidewalks and roads
torn up and blocked off, there will also be expected and unexpected
utility interruptions, noise, dust and traffic problems. Truscott utility
work is taking 4-5 months in a residential setting where most of the
people are gone during working hours. A project of this scope will take
much longer and be in a business setting~where the work is taking place
during their peak business hours and utility interruptions are even
more disruptive. IfTruscott utilities were difficult at best, the utility
situation in downtown Aspen is ten times worse. As for long-term
impacts, the most obviou's are the overhead wires required to power the
trolleys and their impact on one of the more prominent view planes in
town. The trolleys may also affect the number of parking spaces after
the project is complete.
P96
The ballot issue obviously does not need to address all of these issues.
However, I believe that these are some of the issues to which Council
needs answers.
P97
To: Aspen City Council
From: Jon Busch
Subject: Aspen Trolley (Sadler memo)
Dear Council members:
Tony Hershey asked me to respond to Ed Sadler's memo dated 8/14, regarding
questions needing answers for a ballot issue. In a message from Tony, he mentioned
a number of issues which were apparently in another memo which I have not seen. I
will answer those questions as well.
TROLLEY RENOVATION: As with many of these questions, it comes down to a
simple matter of interpretation - "is the glass half empty, or half full?" I understand Ed
Sadter contacted the Gomaco Trolley Company. They build reproduction antique
trolleys and renovate trolleys. Their reputation is for work of the highest quality and
they are also the most expensive. Ed's estimate from Gomaco is $250,000 to $500,000
to restore a trolley to operating condition. Jn my conversation with Gomaco, it was
confirmed that this is accurate. The wide range is because they have not inspected the
trolleys. From this estimate. Ed (or Tony?) has suggested that restoration is impractical.
This is the "half empty" scenario. The rest of the story Is this: A restored trolley from
Gomaco is in NEW condition with that associated life expectancy. Typically that would
mean at least 20 years between major renovations. For comparison, the new small city
route busses just purchased by RFTA cost $288,000 each. The present Galena Street
Shuttle vehicles cost approximately $40,000 each and have a useful lifespan of about
7 years. They ara higher maintenance (trolleys have very few moving parts) and less
energy efficient. All things considered, a restored trolley vehicle is a reasonably priced
option for consideration.
SKIER ACCESS: It was suggested that it would be more difficult for someone in
ski boots to board a trolley than a bus. While it may be possible to purchase Iow-floor
busses for Galena Street, they are an expensive vehicle. Compared to the present
Galena Street Shuttle. the trolleys have fewer steps and wider steos and would be
easier for a skier to board.
ADA COMPLIANCE: First, this is arguably not an issue. Though assembled in
Portugal, these are histodc American trolleys and may be exempt for historic reasons.
They may be exempt also because no government money is involved, if ADA
compliance is deemed important whether reoulred or not, it can be accomodated in
one of two manners: A lift may be installed under the rear end platform where there are
no mechanisms to interfere, or a stationary lift may be Installed curbside al each stop
as has been done in Memphis.
Regarding Ed Sadler's comments in the memo of 8/14: Remember that there
have been two studies completed on the trolley's feasibility. Many of the questibns
have been addressed.
P98
11 WHAT IS THE ROUTE OF THE TROLLEY? It is the same Galena Street route
always contemplated. The only complication is that the skateboard park precludes that
location for the trolley malntainance barn (Parks Department promised that it would
maintatn access, but as the project evolved, it became apparent that it would not be
the case). Fortunately there is an alternative site: the Chapery property behind the post
office. It involves only a short section of additional track from the contemplated
terminus at the post office.
2) HOW MUCH WILL IT COST (TO BUILD AND TO OPERATE)? Construction costs are
stated in the 1990 feasibility study. Of course these figures need refinement, but I must
remind Council again that construction costs AND vehicle revovation costs are being
raised privately. Trolley operation figures are based on a RFTA model. Salary and
wages are in RFTA 1990 dollars and are very comparable to what that agency pays to
operate the present Galena Street Shuttle. A separate economic model was projected
as an independent agency. As you might expect, costs were significantly higher
(RFTA's Board stated as a policy matter, that they should operate a trolley Galena
Street Shuttle).
~3) HOW WiLL IT BE PAID FOR? As you are aware, a previous City Council authorized
formation of a 6320 non-profit corporation as a funding agency. This corporation has
the authority to issue tax exempt bonds (not guaranteed by the City and therefore .not
affecting the City's bond rating), in such a corporation, upon retirement of the bonds,
the asset reverts to the municipality,
4) WHEN WILL IT START? When approvals have been granted. Once there is a
conceptual.approval, fund raising can start and final construction, studies will be
commissioned,
5) HOW LONG WILL IT TAKE? It is estimated that street (public space) construction will
be completed within one off-season. This will be accomplished through modular
construction - also sometimes called '"snap-track", The pavement will be cut, and pre-
made track panels will be inserted. The complicating factor is the partially replaced
Galena Street sewer line (replaced some years ago only to Hopkins), it is in the San
District's long-term upgrade program to replace the remainder of this very old sewer
line and they have state(3 that they would undertake this work at the same time as the
trolley track installation.
6) WHAT ARE THE IMPACTS (BOTH DURING CONSTRUCTION AND LONG TERM)?
Some of this is addressed in #5. Snow and it's removal have been mentioned over the
years as a potential impact. Note that Toronto still has trolleys as Oo Boston and
Philadelphia - all areas with large snowfall. There is a historic trolley operating in
Norway today which serves a ski area. Standard road clearing methods apply on the
track. The trolley wheels will have ice/snow scraping wedges in front of the wheels.
tnternal[y in Ed's memo utility relocation was mentioned. Galena Street was chosen for
the trolley rou~;e for many reasons, one was that there were minimal u~ilities in Galena
P99
(rs Mill Street). There is only one sewer manhole needing relocation and that is in the
part of Galena Street where the line has not yet been replaced. Minimal storm sewer
relocation is needed at Main Street. All utilities are deep enough beJow the pavement
that none. will be relocated with the exception of cable TV which was buried shallower
than the City required 24 inches. Because this does not conform to City code, we
anticipate that the cable company will De responsible for it's relocation. With regard to
running additional electric lines, see below.
The trolleys will run in mixed traffic, that is to say they will run in car lanes. There will
be no change in present traffic or parking patterns on Galena Street,
They can be powered by either a gasoline, propane or diesel generator as the Platte
River Trolley In Denver. the Galveston Trolley and the White Horse (Yukon) Lisbon
trolley, exactly like Aspen's. Clearly from an historic perspective they would have been
operated from an overhead electric .wire and rail will be propedy bonded should the
City ever wish to consider direct electric operation.
The issue of :)arts availability was mentioned In Ed's memo. First refer back to the
section on renovation. Secondly, the system can be operated with three restored care
which leaves three others for parts. Secondly Lisbon made all their parts {except motor
parts which are still available from GE) in house. Machinist drawings exist for all parts
and are available. Additionally there are several systems operating with Lisbon
trolleys. In this country Detroit operates them, ir England the Manx Electric Railway
suppltments their rolling stock with Lisbon trolleys, Some additional equipment may
become available out of the Lisbon fleet.
As you can see, much time and effort has gone into the trolley project. Other
issues have at least been explored minimally. Yes. the trolley could duplicate the
Galena Street Shuttle by serving Hunter Creek via an extension which would also pick
up the Shady Lane residential area. It could also extend to the lA ski lift via upper
Galena Street and a City ROW across to the lift t~rminal. Yes, it could go to the music
tent. But all of this is for some distant future time. The route chosen and studied was
arrived at as the most economical plan which served, a legitmate community need.
In conclusion, I once again say that this issue is one of looking for answers to
allow the project to proceed or looking for reasons to not do it - "is the glass half empty,
or half full?" Over the years the Aspen Street Railway Board of Directors and those
commissioned to study the project, have asked the tough questions because we know
you will ask them. We feel we have those answers at the ve~J least, conceptually. Our
consultants have ncluded Street Railway Associates of Dallas Texas (the people
responsible for the McKinney Avenue historic trolley line) and the national engineering
firm of Barton Ashman. Early studies were prepared by Gales Creek Enterprises.
We feel Aspen voters deserve an opportunity to be heard on this issue and
through media coverage leading up to the May e~ection we feel they will have a
thorough understanding of the trolley project. While it may be a worthy goal to craft a
P100
question which will cover construction COSTS as well as operating costs, we feel that it
must also De stated chat funding of those costs wtll not be borne by the taxpayer.
If you have any further questions, please feel free to contact any of us.
Jori Busch 925-6431
Bill Dinsmoor 923-4033
Bob D'Alessio (sorry, I'm in Telluride and don't have access to his
phone#)
Thanks for your time and consideration,
Jon Busch
PlO1
tAEA4ORANDUA4
TO: City Council
FROM: Cindy C, hristensen, Operations Mon~ger, Housing Office
THRU: Mary Roberts, Executive Director. Housing Office
bATE: September IC Z001
RE: EUIDE/.ZNE RE~IEH/
The Housing Board is recommending that the City Council approve Ordinance No. 38 (Seri~s
of 2001), Ado/~t/n9 the 2001 /l££ordab/e /-/ous/n,~ Eu/de/ines as Re¢omm~nd~E ~y
4spen/P/t~/n ~oun~ ~o~/~ 4ut~o~/~ ~ Housing 8oord opprowd R~olution No. ~001-
03, Re¢omm~nE/n~ 4pp~o~/ o~ t~ ~ 4s~n/P/tkin ~oun~ ~ou~/n~ ~/~/ine~ to
5, 2001. Below is th~ mist of changes that the Housing Board r~view~d and opprowd. ~
pog~ numbers r~lot¢ to the page in the Guidelines and the Guidelin~ show the recommended
changes.
MO~ON: Th~ Housing Board is recommending that ~h¢ CiW Council opprov~ Ordinance No.
38 {5~ri~s of 2001) at 1" reading on 5~ptember 10, 2001 and schedule 2~ reading and Public
Hearing for 5¢ptember 24, ~001.
During the discusqion of the Guidelines, som~ issues w~re raised that n~¢d further
r~s¢orch. ~¢ following issues will be incorporated into o work plan for r~vi~w in 2002.
They include:
· Wait List
· Capitol ~mprov~ments
Pet Policy
· Possibly adding additional categories
PlO3
BOARD RECO~HA4ENDA TION$ ON THE RENTAL PORTION OF THE GUIDELTNE$:
Page 6; ~aximum Income allowed for Rental Unit~. Staff s recommending that the
rental income be increased by the Consumer Price ]Endex. RECOMMENDA'I'-ZON: 5taft
would recommend this increase. A major change in rental income was reviewed and studied
last year. Two professional adults income was taken into consideration and changed
dramatically from 1999. BOARD RECOMML-'NDAT'ZON: The Board agreed with this
increase.
Page 6; Definition of an Employee'. Paragraph 1 rela,es to the definition of an employee.
The definition is not totally dear in that it relates to who is eligible to rent and reside in
employee housing. The paragraph does not relate to who should be counted for a bedroom.
RECOMMENDA'T-r.r. ON: Staff is recommendin9 clarification of who is eligible to rent and
reside in employee. The "Minimum Occupancy" will be further defined in the Definition
section of the Guidelines. Staff is recommending that in order to rent a two-bedroom unit.
that if the household contains two adults only that both adults should be working i~ P/thin
County. BOARD RE¢OMMENDAT'ZON: The Board agreed with staff's recommendation
that to be eligible for a two or three-bedroom unit, in a two-adult household where no
dependents are involved, both adults shall be working in Pitkin County.
Page 7: Non-Comp/lance of Restrict/on. No. 7, language has been added that was
recommended by the Board that would not allow someone to move into a unit or stay in a unit
if that household is under review for a possible non-compliance issue.
I~ECOMMENIDA~-ZON: This language covers that loophole. This- is' also added under the
Sales section. BOARD RECOMMENDA'r'zoN: The Board agreed with this language.
Page B: Ability to make it more flexible for an Employer to house one of their
Employee's, A new paragraph has been added that wou d enable an employer 1'o more readily
place an emoloyee of his/her own choice into a unit that is owned by that specific employer.
This has also been a concern from the employer-employee group that has been meeting on a
regular basis. RE¢OMMENDA~-~ON: Staff would recommend that if an employer controls
a specific deed-restricted unit, that the employer has the ability to pbc¢ on e~ployee of
his/her choice, e~en ~hough the inco~e ond/oc asse~s ~ exceed ~h~ specific co~ego~
uni~. 5~ ~ould recommend o~ins~ ~d~usting the a~oun~ of ren~ ~o ~a~ch tha~ e~plo~e~'s
inco~e. The re~oning for ~his is ~hot ~n e~plo~ec ~ ASSAYS decide to pu~ a higher p~id
e~pIoyee in the uni~ ~o ~ o higher ren~. ~ le~ing the ren~ ~he so~e, i~ is no~ an incentive
~nd ~he only re~on ~he e~pIoyer is pu~ing ~ho~ ~ecso~ ~n ~he uni~ is because of ~he
e~ployeds need. BOA~ ~O~E~A~O~: The ~oord agreed ~i~h ~his
2
P 104
recommendation as long as the units were not used for mitigation unless the units are
attached to the employer's business.
P~g¢ 9: Flexibility ~o ~x-fend ~nfd l~dod fo~* f~ngnfs ow~ z~com¢ ~t h~ been thC
policy o~ the ~o~rd ~nd the Housing Program ~o be sympathetic to tenants who ~ay ~11 out
of complianc~ du~ to an increase in thei~ income. Zn o~de~ fo~ a tenet to r~dd~ess thei~
housing situation, a certain period of time is allotted them. RECOMMENDA~ON: 5t~ff is
~equesting that languag~ be added ~ga~ding ~he policy that is being followed. The languag~
is stated ~ numbe~ 3. BOARD RECOMMENDA~ON: ~e Bo~rd agPeed with staff's
~comm~nd~tion and also ~equested ~n ~ddition to allow a tenant an additional yea~ if that
t~nant has been biddin~ on units ~nd/o~ t~ing to find anothec unit that fit that households
income end ~sets.
BOARD RECOtAI4ENDA TZON$ ON THE SALES PORTiON O? THE ~UIDEL~NES:
Page 13: 14ax/mum Zncome to Buy, Staff is recommending that the sales income be
increased by the Consumer Price Tndex. RECOMMENDA3-J;ON: Staff would recommend
this 'ncrease only. There was no change to the sales income last year due to the housing
survey. Staff feels that an increase by the CPT should be approved for 200/.. BOARD
RECOMMENDAT'rON: The Board recommended approval.
?a,q¢ 13: Def/nit/on of an Emp/aye~. Paragraph ! relates to the definition of an employee,
which is identical to the rental definition. The definition is not totally clear in that it
relates to who is eligible to purchase and reside in employee housing. The paragraph does
not relate to who should be counted for a bedroom.
Be a full-time employee working in Pitkir County; or a retired person (see Definitions]
who has been a full-time employee in Pitkin County a mir mum of four years
immediately prior to retirement as defined in the Guidelines; or a disabled person
~esiding in Pitkin County who has been a full-time employee n Pitkin County a
minimum of two years immediately prior to their disability (as defined in the
Definitions); or in the event of the qualified employee's death, the spouse of any such
employee, retired person, or disabled person or a dependent living with that qualified
employee, retired person or disabled person. In a two-aerson household of two adults
(no de.3endents as defined in the Guidelines), both adults must be workinq in Pitkin
County to qualify in the top priority for an additional bedroom.
RECOMMENDAT'.r. ON: Staff is recommending clarification of who is eligible to be counted
in the top priority for a bedroom. The "Minimum Occupancy" will be further defined in the
befinition section of the Guidelines. 5toff is, again, recommending for a two-bedroom unit.
that if the household contains two adults only, with no dependents, that both adults should
P105
be working in Pitkin County. This still allows a couple where only one adult is working in Pitkin
County to bid.on studios and one-bedroom units. BOARD RECOMMENDATION: The Board
approved Staff's recommendation.
Pa..oe 15: ~o~-com~//a~ce /~ Staff has
possible non-compliance issue that the household con still bid on units. Page 14 oddr~s~
that problem.
NOTE: Any individual or household who is under review for a possible non-compliance
issue may not enter any new lotteries untit the non-compli~nce issue has been resolved.
RECOMMENDA~ON: This language states that any individual or household is under review
for a possible non-compliance issue may not enter any new Iot,~ri~ un,il the non-compliance
issue has been satisfied. BOARD RECO~ENDA~ON: ~e Board approved Staff's
~ecommendation,
Pa~e 17: ~oxJmum ~ncome to Purchase New RO Ufl/t¢ No. 3. Additional RequiremenTs to
purchase RO units, the amount ~llowed to qualify is $600,000. All of the other incomes have
been increased by the
a. Gross income and ne: asse[s are limited. The amount allowed is that which permits
a household to qualify for ~ $621,100 purchase as follows: i) when ~il net asse:s
are to be counted ~s a down payment: and ii) 18% of gross ncome is ava~ able to
finance the remainder of the purchas~ price at ~n 8% interest rat~ ~mo~ized over
30 years.
RECO~ENDA~ON: Staff is recommending on incre~e, in this amount by the CPl. ~is
is in accordance with oil of th~ other income incr~es. BOARD RECO~ENDA~ON: The
Bo~rd recommended to opprow the incre~e by CPI, but directed 5t~ff to come b~ck at o
later d~t¢ with ~ work program to obtain information to further readdress if on accurate
purch~in9 power is being used, ~long with the m~ximum soles price for RO.
PlO6
Pog~ ~B and ~9; En£o~'c~m~n~/~quoli£ico~ion £o~' Owned'ship ~ni~ Ewry t~o yeors,
,anon, in ~ deed-re~,ric,ed ren,~l uni, taus, reguolify. Curren, ly. enforcement on ~ol~s uni,s
is done ~,ricfly on ~ comploin, b~. 5om~ of th~se comploin,s h~ve no, been wlid ond occur
because of ~ confl~c, be~en t~o people. Ther~ ~re ~1~o ,i~es ~h~n so~eon~ has ,old
5t~ff ,ho, they know of someone out of compliance, bu, will not provide names. A change in
policy may ~ectify this situation. Staff ~ecommends completing the initial requalification
within the next two yea~s. ~f ~ numbe~ of units were out of compliance, St~f would develop
~n ongoing ~equ~lificetion policy fo~ ownership units. RECOMMENDA~ON: Staff
recommended the following policy change:
5E~ON 5, REQUA~CA~ON FOR OWNERSH~ OF AFFORDABLE HOUSING
Z. All qualification items unde~ Pa~t ~, Section Z, Z-5 shall apply to continue
owne~sh 'p.
~. Roommates a~e permit?ed unde~ the Guidelines. All ~idents must be
qualified through ?he Housing O~fice p~io~ to occupancy.
3. The Housing O~fice will be doing a ~andom audit on all the ownership units as
to employment and owning othe~ p~ope~ty within the Ro~ing Fo~k Valley. This
is ?o ensure that all owners continue to meet the Requirements o~ the
Guideline.
Housinq Office Responsibilities:
~e Housing Office sh~ll ~nd~avor to requ~lify each Owner within th~ next
two
b. Th~ Housing Office shall r~ndomly pick th~ owners, over this two-year
p~riod of time, to provide documentation to thz Housing Office showing
employment history ~nd that they do not own other proper~ within the
Roaring Fork V~lley.
c. The Housing Offic~ shall mail a I~tter and ~ form ~o b~ completed by
Owner r~questing employment inform~tion'and incom~ tax returns.
d. Ther~ will be a $~5 f~¢ for this r~qualification.
e. Qnc¢ thC documentation has b~n r~c¢ivCd, the Housing Offic~ will rewew
~ach file for compliance.
f. Should th~ Owner b~ out of complianc~, ~ s~cond letter will b~ sent to th~
Qwner requesting that the Qwner ist thei~ unit as stated in their
R~triction.
5
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g. Should the Owner contest the deed restriction if the Court finds for the
Housing Authority, all legal fees will be paid by said Owner.
Owner's Responsibilities:
o. Once the Owner receives the letter and forms from the Housing Office, the
Owner will provide to the Housing Office by the deadline date stated inthe
letter the completed form and a copy of their most recent income tax
return.
b. If the Owner does not submit the information or contacted the Housing
Office in the time allotted, the appreciation for their unit will be suspended.
Should the Owner be fauna out of compliance, the Owner will tist the unit
with the Housing Office as stateo in their deed restriction.
c. There ore life circumstances that may be beyond the control of the Owner~
The Owner has the opportunity to request a Special Review. 5ome
examples include, but are not limited to, a death or illness in the family, an
accident requiring the inability for the owner to work, o single parent who is
unable to work t:ull-time, etc.
BOARD RE¢OMMEN£)ATION: The Board recommended the above language be
added to .the ~uidelines. If approved by the B0¢¢ and City Council, staff will
distribute a letter to all homeowners os to what their responsibilities will be when
they are asked to comply.
Page ?~; ~-ra~£¢rW~9 ~e?~/~/p ~/?~/~ ~ ?~?~//~. The ~oard recognizes the need to
keep families inth¢ valley. The Board approved the transfer of a unit to a sibling, which is
currently not allowed in the ~uidelines. The language on this page a~lows for a transfer to o
sibling, but only if that sibling foils under oll requirements for that unit~ i.e, income,
occupancy and at leo~t four years work history.
C. C).uaHfied spouses and/or children of current owners, including joint custody o~ the
children, and/or qualified parent(s) meeting minimum occupancy. A transfer between
siblinqs is permi~tedl however, any person ~ho is q~ininq ownership by a transfer
between a ?amily member (as defined in these CuideHnes) must quali~y ~ully under that
specific cateqory. For example, if the unit is a Category 3 unit, the siblinq must quali~y
as a ~uHy c. ualified Ca~eqory ~ person with a work history of at least the last ?our years.
(Tran$£er ~/d~/~/mmed/aZ'e £arn//~ £o a ~a//f/ed ~?er re¢~/re$ a $?~ fee, and ~$~
approved by the Housing Off/ce pr/or ~o the ~ransfer.)
REC, OMMENDA'I'-ZON: Staff is requesting that the language stated in Paragraph C, above,
be added. BOARb RE¢OMtAENI:)A~I-ZON: The Board approved Staff's recommendation.
P108
Page 23: C/or/f/cat/on on/~ow £o~eries are Nandle~. When lotteries are done, if an in-
complex bid is received, the Iottem/is not held for the other households. This is the policy
that is followed by the direction from the Board over a year ago, but was not incorporated
into the Guidelines.
The Iotter~ is held the Monday after ~ne listinq period has ended, unless otherwise
soecified. Should there be an in-complex bid, the lottery shall not be held. If there i~
more than one in-house bid, a lottery shall be held for those in-complex households only.
Should all in-house people decline the unit or not qet financinq, the Jottery shall be held
for the households who entered the Iottery prior to the deadline.
RECOMMENDA'I'7.0N: Staff is requesting that the language stated above be added to the
Guidelines. BOARD RECOMMENDAT]:ON: The Board approved 5taft's recommendation.
Poge 24: Requirement of ~llers to Provide a Clean, ~4aintoined Unit Prior to Selling..
There has been some concern in the community that since there is such a demand for
affordable housing that a winner will take the unit as is. 5toff wants any new buyer toget o
unit that is in decent shape, with oil appliances working and the unit cleon and in good
working order. Language is added to not only the Listing ContraCt, but also the .Sales
Contract that the Seller has to agree to prior to closing.
An inspection form will be provided to the Seller at the time of listinq. This wE. be
reviewed with the Sales Manaqer. It is required that the Seller shall provide the Buyer
with a clean, workinq unit upon delivery of deed. Alt holes in the wails shall be fi~led,
carpets steam cleaned, all damaqed windows shall-be repaired, ~1~ appliances shall be
n workinq order and all plumbinq in workinq order. A final inspection of the unit
will.be conducted by the Buyer on the day of closinq. If the unit is not eft in
satisfactory condition at the sole discretion of the APCHA, monetary compensation
shall be held at closinq from the Seller's proceeds until the repairs and/or cleaning
are comoleted. The repairs and'or cleaninq shall be paid with these funds. Any
monies left over shall then be distributed to the Seller.
RECOMMENDAT3:ON: 5taft recommends adding this language into the Guidelines so thot
there s no question that the 5eljer must comply with regarding his/her unit. ]:nspections
are also a part of the Contract where an inspection is scheduled on the same day of closing
so that if there has been something that has not been done, monetary compensation can be
held in an escrow occount until the item is completed. BOARD RE¢OMMENDAT]:ON: The
Board approved 5tott's recommendation.
Page 2P: Rental of Ownership Uni~. No. 4 states that when an owner ~s allowed to rent
their unit out for a specific period of time, they con only do so at a rent that is equal to
their costs, plus an additional $20, or the maximum rent stated in Table ]:V of the
P109
Guidelines for their specific type unit, whichever is greater. The concern has been that an
owner shou d not make a profit when renting their unit out. Zs $20 enough or not enough?
RE¢OMMENDA~i-ZON: Staff would recommend an increase from $20 to $50. The language
m this section allows the owner to use their costs or the rental rate stated in the
Guidelines, whichever is greater. Therefore, the increase should be enough to cover any
inconvenience but stil not make it profitable where an owner will think twice before
requesting o leave. BOARD RE¢OMMENDATZON: The Board approved Staff's
recommendation.
Page 29: /.~ave of Absence Requirement.c. An owner is allowed to request a Leave of
Absence for up to two years for a bona fide reason. There has been no clarification os to
what a "bona fide" reason may be. No. 8 has been added to include some reasons that have
been approved.
Bona fJcte reasons for a leave of absence shall be imited :o: an illness or death in the
family, educational Durooses. Job enhancement, travel, explorinq relocation options.
Should the owner be denied the Leave of Absence, the Owner may request a Special
Review.
RECOMMENDA-I-J:ON: Staff would like the Board to direct them a~ to whether the one~
listed are bona fide reasons for o leave of absence. They include an illness or death in the
family, educational purposes, job enhancement, exploring relocation options and some time to
travel. Are these acceptable to the Board and/or should others be allowed by Special
Review? BOARD RE¢OMMENbA'rI. ON: The Board approved Staff's recommendotion.
DEVELOPMENT O? A?~ORDABLE HOUSZN~:
Page 32: Prior/des to Develop Affordable Houdn~ Section ! under Part V~]~ states the
unit type priorities for development. They are as follows:
i. Entry-level sales units (studio and 1-bedroom Categories 1, 2 and lower priced
Category 3)
ii. Family-oriented sales units (Categories 3 and 4)
The changes below are the ones agreed upon by the Housing Board.
The private sector priorities for development should be as follows:
i. For-sale type units whereby the average sales price is no higher than Category 3 and
the units consist of one-bedroom and two-bedroom units, with associated RO units
Pl10
ii. Family-oriented soles units (Categories 3 and 4)
The public sector priorities for development should be es follows:
i. Entry-level rental units consisting of :[-bedroom Categories :[ and 2
ii. For-sale units consisting of Categories 2 and 3 [-bedroom
iii. Family-oriented sales units consisting of Categories 3 and 4
Page SZ: Znitial Sa/es PP/ce fop RO Uflit~. Should the initial sales price of Resident
Occupied Units be increased per the CPZ? ~ECO~MENbA~ON: 5taft cecommends that
th~ initial sales pc/ce fop a newly deed ~estcicted ~O unit be incceesed by CPZ. This would
~llow a new ~O unit (including the lot) to begin at $465,800. BOARb RECO~ENbA~ON:
The BoaPd appcowd 5taft's recommendation, but dicected 5taft to come b~ck to the Bo~cd
at a later date with a work program to obtain infocmation to fucthec addPess this maximum
~0 sales price.
Page $7: l~eviewinq Documents far Private Affordable lYousinq Pro,/ect~, Paragraph B
under Section 5 of Part VIIi deals with reviewing documents. RECOMMENDATION: Staff
is recommending that the underlined portion be added.
in any mixed project that contains an affordable housing and a free marker
component, as a condition of condominiumization or subdivision rights, voting rights
and fees will need to be determined and agreed to by the APCHA. The Declaration of
Covenants must require one vote per unit, ~nd handling of the homeowners'
association dues and the types of improvements rhe affordab/e housing component
w/Ii be responsible to pay. Homeowners' dues can be based on a s/iding scale based on
the square footage of the unit, the number of bedrooms, the cost of the home, or one
fee across the board. This ~,ill be decided upon ar the time of final approva/ for the
development and incorporated into the Declaration of Covenants. All pro/acts that
invo/ve an affordable housinq component sha// provide ali documents to the/-Iousinq
Office for review and aonroval.
BOARD RECOMMENDATION: The Board opproved this addition.
Page $7: RO /Ha~imum Sa/es PPice and Zncome/Asset Limitations. Section 7 under Part
VIZ deals with the RD maximum soles price and the purchasing power. This will Be adjusted
according to the discussion of #3 above. BOARD RE¢OMME."NDATION: The Board
recommendect to approve the increase by ePIC, but directed Staff to come bock at a later
date with a work progrom to obtain information to further readdress if an accurate
purchasing power is being used, along with the maximum soles price for
9
Plll
Page 40: /Hoximura Sa/es Foe Alewly Developed Ownersh/p Units: Section 9 deals w~th the
~aximum unit sales prices fac newly deed-restricted units. RECOMMENDA~ON: 5taft is
recommendin9 that the pr~c~ be incveased by CPI (3.5%). 5taft h~s included in,octal?ion
on free market units that have sold within the I~? six months. 5toff h~ ~lso included a list
of units that ace cuvvently ~oe sale and a lis? of some of the curvent deed-cestvic?ed units
~nd ?heJv current selJin9 prke to 9et some idea as to wheve ?he cucven? inventory is in sales
pmces.
TABLE Iii - M~IMUM UNIT SALES PRICES
Unit Typ~ Cat~qo~ ] Cat~qo~ 2 Cat~qo~ 2 C~t~qo~ ~
Studio ~,~00 ~7],200 ~] ]8,000 ~99 gOO
I ~edroom $39,300 $84,600 ~130,300 ~211,100
2 Bedroom $47,300 $96,800 $] 42,500 $224,400
3 Bedroom $54,800 $ ] 08,000 $] 54,200 $236,600
5F Detached $67,000 $ ] 24,900 $] 70,200 ~244,500
SF Lot ($73,400) ($22,400) ~ I $30,500
BOARD RECOMMENDA~ON: The Board re~ddressed the sales prices ~nd recommended
the following s~les prices:
TABLE III - M~IMUM UNIT SALES PRICES
Unit Type Cateqory ] Cateqo~ 2 Cateqo~ 3 Cateqo~ 4
Studio $31 400 $7] ,200 $1'18,000 $199,900
1 Bedroom $39 300 $84,600 $135,.800 $222,000
2 Bedroom $47 300 $104,700 $160,500 $246,800
3 Bedroom $54 800 $128,600 $185,200 $271,500
SF Detached $67,000 $1 52,400 $209,900 $296,200
SF Lot ($73,400) ($22,400) $ I $30,500
This relates to about a 20 to 25% increase from the original sales prices.
Pa~e 4~: Ma~mum Rental Rate~ for New Rental Un/t~ Section 10 deals with the
maximum rental rotes for newly deed-restricted units. RECOM~ENDA~ON: Staff is
recommendin9 ,hat the ren?s increase by CPI only. 5toff is also recommendin9 ,ha, o
m~imum ten,al amount be es,ablished for RO units. ~e Board discussed ,his briefly o,
,he las, mee, in~ and recommended approval of ,he increase in ren,s by CPI. 5toff has
provided o recommended ren,al ra, e for ~O. This is b~ed on ~sumin~ o 20% ,o 60%
increase in ?he Ca,egoW 4 income cap and o 17% ten, ,o mortgage ~o, io. This is ,he same
10
Pl12
rent to mortgage ratio for Category 4 rentals, A chart showing rental rates from 17% to
25% of income is attached.
TABLE IV
MAXIMUM MC NTHLY RENT
Unit Type Cat. 1 Cat. 2 Cat.'3 Cat. 4 RO
Studio $377 ~668 $998 $1,570 ~] ,865
] Bedroom 463 785 1,114 1,699 2,158
2 Bedroom 550 901 1,23] 1,816 2,473
3 Bedroom 638 1,010 1,350 ~,934 2,650
SF Detached 726 1,137 1,465 1,992 2,997
Ple~e note that the ~2,997/month r~te for an RO single-f~mily detached home would be
approximately 25% of ~ household e~rning $140,000 ~nnu~lly. Also note that free m~rket
r~tes ~ppear to be slightly abow ~he proposed RO rental rat~s. BOARb
RECOMMENDA~ON: ~e Board approved staff's recommendation.
Pa~ ~ and 45: P~ymen~-in-b~u Fe~ Section ]2 relates to the payment-in-lieu fee. If
using I~t yeads methodology of using one payment-in-lieu fee. the increase would be fPom
$]04,757.89 pe~ FTE to $]]8,086.80 pe~ FTE, o~ $34.92 pep square foot to $39.36
squa~ foot. P~io~ to last yea~, this fee ~elat~d to ~ subsidy by ~ specific catego~. ~n ~999,
th~ following w~ in
~atego~ 1 $147,000'.
C~t~gory 2 $~34,000
Gotego~y 3 $122,000
~tegory 4 $101,000
The 2000 Guid~lin~ only hod one poyment~in-lJ~u in effect -- $104,757.89, o~ $34.92/sq.
ft. ~ 1999 Guidelines reqaired ~ p~yment of $4~.67/sq. ft.
RECOMMENbA~ON: 5toff is ~ecommendin9 that the cotego~-specific method again be
used to calculate p~yment-in-li~u' and odd the P~yment-in-Lieu Table bock into the
Guidelines. The f~e equals the cotegory subsidy based on square ~ootoge costs,
detailing the calculations for the poyment-in-lieu fe~ or~ attached. Below is the
recommended payment-in-lieu tobl~.
Catego~ ~ ~78, 0~3
Pl13
Categor~ 3 $188,664
The Fee t'equired For the constrvcdon 0£ an exempt dngle-£amily home or duplex unit
shall be calculated as follows:
Avera~oe o£ the CategorY 3 and Categor? $ payment-in-I/au ~ee as s~a?ed in
Tab/e above, divided by 3, ~ square fee? X ?he n~ increase in FA~ of ~he
new s?mc~ce w/II equa/ ?he payment-in-I/au paymen~ for rep/acemen?
s?~c~r~s. The ~ormu/a assumes ?ha~ foe eve~ 3, ~ square ~ee? o~ new
s/ng/e-fam#y or duplex f/oar acea, ?he pub//c w/II be required ~o provide hous/n9
fac one moderate income amp/Dyer. Currendy, ?ha~ amount
288,664 + ~ ~ 3,~ = ~6L2J ~r square ~oo~ o~ new
BOARD RECOMMENDA~ON: The Boora approvea this change in the payment-in-lieu
structure.
BOARD RECO/~A~ENDA I'IONS ON THE DEFINITIONS ?OR T-ION OF THE
~t/IDEL[NE$ :
Page 53, ~4 and 55:
Dependent - A minor child (18 years or younger) or other relative of the ran,er or owner of
on affordable housing unit, which child or relo, ive is token and listed os a dependent for
federal income tax purposes by such renter or owner or his or her present or former spouse
(said dependen, must also be related by blood or adoption and residing with the individual o,
least 180 out of every 12-month period of time)..STAFF RE¢OMMENDAT]:ON; This was
changed from las, year and con, inues ,o be ques,ioned by ,he Board and staff. Staff feels
,hot the previous requiremen, of at least 183 days custody w~ ~ better utilization of
scarce affordable housing r~ource. BOAR~ RE~O~EN~IUON: The Board
recommended ?ha, in the case of families wi,h children, end where the spous~ hove
divorced, only one parent can u~e each child ,o ob,ein a bedroom in an affordable housing
unit. Should bo,h paren,s use ,he children for ,he some Ia,tory. then ,he parent who is ,he
?ap winner will only be allowed to purchase in ,hot Ia?tory. The other parent will be eligible
for any ?wa-bedroom unit, os long es that parent h~ partial custody of the child(ran).
Should ~he household ~ove more than two children, the parent can ~k for o Special Review
,o purchase ~ uni, ?hat h~ more ?hen two bedrooms.
12
Pl14
ORDINANCE NO. $8
(Set/es of
SPEN/PIT N COUN HOUSIN¢ UTHO
WHER~A~,' pursuant to the ~unic~pal ~ode of ~he Ci~ of Aspen. ~ ~ended,
Housing ~ncome, Eligibil~ ~uidel~nes ond Housing P~ice ~uidel~nes ~e ~o be ~?~blished by
the Ci~ Council; and
WHEREAS, pursuant to prior resolutio~ ~d ordinances of the Ci~, the CiW Council
~feblished Employee Housing [ncome-Eligibili~ Guidelin~ and Ho~ing Price Guidelines for
prio~ years; end
WHEREAS, the 200i Affordable Housing &uidelin~ ("Guideline) recommended by
the Bo~rd of Directors of the Housing Office of the :i~ of Aspen'~d Pitkin Count, ~ copy
of which is ~nnexed hereto and incorporated herein, h~ been submitted to ~iW Council
which Guidelines set forth the 2001 Housing Office qualification gu [delines for C~tego~
2, 3, 4 ~nd Resident Occupied (RO) ownership, rental housing pro~ects, lodge ~d commercial
development, ~nd development of residential housing units; and
WHEREAS, the CiW Council desir~ to ~dopt soid Guideline, ~nd by virtue of the
enactment of this Ordincnce to supersede ~nd ~mend ~11 prior r~olutions ~d ordin~c~ of
the CiW pertaining to housing guidelines, but only to the extent inco~istent with the
provisions of this Ordinance.
Pl16
Family - For purposes of tronsferrinq property only. a family (or immediate family) is
defined as husband, wife, mother, father, brother, sister, son, douqhter, either
bioloqically or by leqol adoption. Any transfer ,to o family member must fall under this
definition. STAFF RECOMMENDATION: At the recommendation of legal counsel, Staff
would recommend that this be added. BOARD RECOMMENDA'I'ZON: The Board approved
Staff's recommendation.
~;ross Assets - Anything which has tangible or intangible value, including property of all
kinds both real and personal: includes among other things, patents and causes of action
which belong to any person, os well as any stock in o corpora, ion and any in,crest in ,he
estate of o decedent; ~lso the ~n, ir¢ proper~ of ~ person. ~ssocio, ion, corpora, ion, or
~stote that is ~pplic~bl~ or subject to the p~yment of debts. ~ross ~sets shall include
funds or proper~ held in ~ living trust or any similar enti~ or inter.t, where the person
h~ management rights or the abili~ to apply the ~sets to the payment of debts. Where
approved by Special Review, g~oss assets s~oll not include, pension plans, blind t~u~t~, or
other entities or interests [n which o person has no man~qement riqhts and no obili~ to
apply such assets to the payment of debts, except to the extent that taxable eorninqs or
interest income ore derived therefrom. STAFF RECOMMENDA~ON: Staff is
~ecommending That the undeHined portion "where opproved by speciol ~eview" is deleted. In
proctice, Special Review h~ not been required. 5toff has adjusted the gross assets to
reflect ~ retirement or similar-type OCCOUnT. BOARD RECOMMENDA~ON: To delete the
portion that is underlined.
Minimum Occupancy - One person (with o leasehold/ownership iHterest) per bedroom. A
minor child or dependent shall be granted equal status ~s ~ person with leasehold/ownership
interest. Zn ~ two ~dult household, both adults must be workinq in Pitkin County in order to
qualify for on additional bedroom. STAFF RECOMMENDA~ON: 5toff would recommend
thor the Ionguoge underlined be ~dded to this definition to minimize misinterpretation of
the occupancy requirements. BOARD RECOMMENbA~ON: Board approved Staff's
recommendation.
Pl15
NOW, THEREFORE, BE ~'T ORDA~'NED BY THE CZTY COUNC]:L OF THE C'~TY OF
ASPEN, COLORADO:
Section
That the City Council of the City of Aspen hereby adopts the 2001 Affordable Housing
Guidelines, as recommended by the Board of Directors of the Aspen/Pitkin County Housing Office, a
copy of which is annexed hereto and incorporated herein.
Section 2
That the regulations and guidelines set forth and adopted herein shall supersede to the extent
inconsistent with the provisions of this Ordinance, all prior resolutions and ordinances of the City of
Aspen; provided further that the provisions of resolutions and ordinances pertaining to employee
housing guidelines shall remain in full force and effect to the extent not inconsistent with the
regulations and guidelines adopted herein,
Section 3
l'f an,? section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shal be
deemed a separate, distinct and independent prowsian and shall not affect the validity of the
remaining portions thereof.
Section 4
Nothing in this Ordinance shall be construed to ~fect any right duty or liability under any
ordinance in effect prior to the effective date of this Ordinance. and the same shall be continued and
concluded under such prior ordinances.
Section 5
A public hearing on the Ordinance shall be held on the 24TM d~y of September, 200Z. in the City
Council Chambers, City Hall, Aspen, Colorado.
ZNTP, ODUCED, READ, AND OI~DED, ED PUBLT~HED as provided by law by the City Council of
the City of Aspen on the 10TM day of September, 2001.
Helen Kolin Klanderud, Mayor
Pl17
ATTEST:
Kathryn $. Koch, City Clerk
FINALLY adopted, passed ~nd approved this 24t~ day of September, 2001.
Helen Kalin Kbnderud, M~yor
ATTEST:
Kathryn 5. Koch, Ci~ Clerk
Pl18
A RESOLUTION OF THE ASPEN/PITKIN COUNTY HOUSING BOARD
RECOMMENDING APPROVAL OF THE 2{)01ASPEN/PITKIN
COUNTY AFFORDABLE HOUSING GUIDELINES
TO THE BOARD OF COUNTY COMMISSIONERS AND CITY COUNCIL
Resolution 2001-03
RECITALS
The Housing Board has evaluated the 2001 Aspen/Pitkin County Housing
Guidelines, and recommends that the Board of County Commissioners and the City
Council pass respective ordinances for the recommended changes marked in the
attached document.
NOW, THEREFORE, BE IT RESOLVED by the Aspen/Pitkin County Housing
Board that they recommend the 2001 Aspen/Pitkin County Affordable Housing Guidelines
be amended and approved as stated.
APPROVED by-the Board on September 5, 2001 and scheduled for 1s' Reading
and 2"d Reading with the Board of County Commissioners and the City Council for
adoption.
ASPEN/PITKIN COUNTY HOUSING AUTHORITY
Timothy Semrau, Vice Chairperson Date
APPROVED AS TO CONTENT:
Mary J. Roberts, Executive Director Date
Pl19
ASPEN/PITKIN COUNTY
2001 AFFORDABLEHOUSING GUIDELINES
Effective October ..... ,2001
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HOUSING AUTHORITY BOARD
- Chairperson
Tim Semrau - Vice Chairperson/City Council Representative
George Burson - Treasurer
Marcia Goshorn - County Appointee
David Guthrie - City Appointee
Steve Elliott- County Appointee
Jamie Knowlton - City Appointee
Keith Webster - County Alternate
Sherri Sanzone - City Alternate
Shellie Roy - BOCC Representative
Wish to thank:
THE ASPEN CITY COUNCIL
Mayor Helen Klanderud
Tony Hershey. Councilman
Tom McCabe - Councilman
Terry Paulson - Councilman
Tim Semrau- Councilman
And
THE BOARD OF COUNTY COMMISSIONERS
Mick Ireland - Chairperson
Patty Clapper - Commissioner
Dorothea Farris , Commissioner
Jack Hatfield. Commissioner
Shellie Roy - Commissioner
for their continued support,
P121
TABLE OF CONTENTS
Paqe
TABLE OF CONTENTS ........................................................................................................................................... i
PURPOSE ................................................................................................................................................................. 1
HOUSING BOARD POLICY STATEMENT ............................................................................................................. 2
PART I. AFFORDABLE HOUSING CATEGORIES
SECTION 1. Catego~ incomes ..................................................................................................................... ,~
SECTION 2. Resident Occupied Units .......................................................................................................... 5
PART II. RENTING AFFORDABLE HOUSING
SECTION 1. Qualifications to Redt ,~ffordable Housing ................................................................................ 6
SECTION 2. initial Qualification to Rent ....................................................................................................... 7
SECTION 3. Requa[ificafion for Rental of Affordable Housing ...................................................................... 8
SECTION 4. Rental Enforcement .................................................................................................................. 8
SECTION 5. Rental of an Ownership Unit ..................................................................................................... 10
SECTION 6. Management of Rental Units .................................................................................................... 11
SECTION 7. Rental Waifiist ........................................................................................................................... 11
SECTION 8. Emergency Worker ................................................................................................................... 11
PART II1. PURC~-IASING AFFORDABLE HOUSING
SECTION 1. Qualifications to Purchase Affordable Housing ........................................................................ 13
SECTION 2. Initial Qualification to Purchase ................................................................................................ 15
SECTION 3. Qualifications for Pumhase of Resident Occupied Units .......................................................... 16
SEC-q'ION 4. Maintaining Eligibility for Ownership of Affordable Housing ..................................................... 17
SECTION 5. Enfomement of Ownership Units ............................................................................................. 18
SECTION 6. Priorities for Persons Bidding to Purchase an Affordable Housing Unit .................................. 19
PART IV. LO'I~'ERY PROCESS ............................................................................................................................ 23
PART V, PROCEDURES FOR THE SALE OF A CATEGORY AFFORDABLE HOUSING UNIT
SECTION'1. Listing a Unit with the Housing Office ....................................................................................... 24
SECTION 2. Advertising the Sa[e: :qd Periods ........................................................................................... 25
SECTION 3. Fees for Listing and Sales ........................................................................................................ 25
SECTION 4. Deed Restriction ........................................................................................................................ 26
SECTION 5. Co-Ownership and Co-Signature .............................................................................................. 27
SECTION 6. SaIe ar Resale of Resident Occupied Units ............................................................................. 27
SECTION 7. Sale of Single Family Lots ....................................................................................................... 28
SECT[ON 8. Leave of Absence for Owners of Affordable Housing Units ..................................................... 28
SECTION 9. Roommates in Sales Units ........................................................................................................ 30
PART VI. SPECIAL REVIEW ................................................................................................................................. 31
PART VII. INFORMATION FOR DEVELOPMENT OF AFFORDABLE HOUSING
SECTION 1, Priorities for the Affordable Hausing Units ............................................................................... 32
SECTION 2, Affordable Housing Units Required far Mitigation ................................................................... 33
SECTION 3. Requirements for Affordable Housing Units in Residenttal Subdivisions ................................. 35
SECTION 4. Reouirements for AH Units under the Multi-Family Housing Replacement Program .............. 35
SECTION 5, Requirements for the Affordable Housing Zone District .......................................................... 36
SECTION 6. Dedication Fee for Exempt Single-Family Home and Duplex Units ....................................... 37
P122
TABLE OF CONTENTS
(continued)
Pa~e
SECTION 7, Resident Occupied Units ......................................................................................................... 37
SECTION 8, Net Minimum Livable Square Footage for Newly Deed Restricted AH Units .......................... 39
SECTION 9, Maximum Sales Pdces for Newly Deed Restricted AH Units & Lots ....................................... 40
SECTION 10. Maximum Monthly Rental Rates for Newly Deed Restricted AH Units .................................... 41
SECTION 11. Requirements for Dormitory/Lodge (Seasonal Units) ............................................................... 43
SECTION 12. Affordable Housing Dedication Fee (Payment-in-Lieu Fee) .................................................... 44
SECTION 13. Conveyance of Vacant Lots ..................................................................................................... 47
SECTION 14. Deed Restricting Existing Dwelling Units ................................................................................. 48
SECTION 15. Execution of Deed Restrictions by Applicants .......................................................................... 49
SECTION 16. Maximum Vacanc~ .................................................................................................................... 49
PART VIII. MAXIMUM ANNUAL RENT INCREASE FOR EXISTING RENTAL UNITS ................................... 50
PART IX. GRIEVANCE PROCEDURES ........................................................................................................... 51
PART X. DEFINITIONS .................................................................................................................................... 52
PART Xl. APPENDIX
A. Maximum -Iousehold Incomes and Assets per Category ........................................................ 57
B. Chart of Principal Ownershi0 Projems ...................................................................................... 58
C. Chart of Principal Rental Projects and Requirements .............................................................. 60
D. Listing of Principal Rental Projects and Property Managers .................................................... 61
TABLES
I Maximum Incomes by Category ............................................................................................... 4
II Minimum Net Uvable Sq, Ft. for Each Unit Type and Income Category ................................. 36
Ill Maximum Unit Sales Pdces ...................................................................................................... 37
IV Maximum Monthly Rent ............................................................................................................ 38
V Occupancy Standards by Unit Type ......................................................................................... 42
Vi Permitted Increase in Maximum Rents for Existing Affordable Housing Units ........................ 46
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PURPOSE
"To assure the existence of a supply of desirable and affordable
housing for persons currently employed in P/tkin County, persons
who were employed in Pitk/n County pr/or to retirement, the
disabled, and other qualified persons of P/tkin County..
- Aspen/Pitkin County Housing Authority's Goal -
(Originally Adopted I g83)
Each year the Aspen/Pitkin County Housing Authority (hereinafter the Housing
Office) establishes Guidelines which govern the development of, admission to
and occupancy of deed restricted affordable housing units for Aspen and Pitkin
County. The gu!delines support the Housing Office's goals and are not intended
to supersede City or County Land Use Codes or the Uniform Building Code.
The 200_~gtAffordable Housing Guidelines respond to housing needs in Aspen
and Pitkin County as identified by the Housing Office. The guidelines are used
to;
· Review land use applications
· Establish'affordable rental 'ates
· Establish affordable sales prices
· Establish criteria for qualifications and occupancy
· Develoo and prioritize current and long range housing programs
· Provide information and a process for developing affordable housing
It is the intent of the Housing Program to provide housing opportunities for
persons who are or have been actively employed or self-employed in Pitkin
County, which provide goods and services to individuals, businesses or
institutional operations in Pitkin County.
These Affordable Housing Guidelines shall remain
in effect until such time as the Housing Board, the
City Council and the Board of County
Commissioners approve new or amended
Guidelines.
2001 Aspen/PiLkin County Housing Guidelines Page 1 of 62
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HOUSING BOARD POLICY STATEMENTS
The purpose of this section is to assist the staff, development community and
public in understanding the Housing Board's philosophies rega.rding various
aspects of the program. These Policy Statements will be reviewed and revised
by the Housing Board on an annual basis.
Mitigating Affordable Housing Impacts
The Housing Board has prioritized the following options in order of preference
depending on the site location:
1 On-Site Housing - that the location of a deed restricted property used for construction or
redevelopment of a property for mitigation purposes be either next to or attached to the
development.
2. Off-Site Housing - that the location of a deed restricted property used for construction or
redevelopment of a property for mitigation purposes be at a separate location approved
by the~.Housing Office.
Cash-In-Lieu or Land-in-Lieu - that the applicant for a development may, under certain
conditions and subject to certain requirements, satisfy the mitigation requirement by
payment of an affordable housing dedication fee or a donation of land. The preference
of cash or Iand shall be determined on a case-by~-case l~asis.
Development and Construction of Affordable Housing
The Housing Board has prioritized the following options in order of preference
regarding the types of units to construct:
i~ ....E~;sa.~e...~p~..... u~ts ..~he[e.by..t~ aye.r~e, sa ~s. ~[.ce... s neh gh~.~b~.g~o~..8 ..and the
~Qit~ ~iS~ ~9~b~d[~ ~ ~ro~ u 'ts with associ t~ RO u~
~.pub. c..sectq~.~.c Qdt ~s ~oE.d.eye q~ment, shou d be...as Te IQws.
2001 Aspen/Pitkin Coun~ Housing Guidelines Page 2 of 62
P125
2001 Aspen/Pitkin County Housing Guidelines Page 3 of 62
P126
PART L
AFFORDABLE HOUSING CA TEGORIES
The Housing Office's goal is to establish and implement a plan To provide housin9 within
the community. Rental rates and sales ~rices are established which are affordable to
persons and families of Iow (Category 1)~ moderate (Categories 2 and 3) and middle
(Ca~tegory 4) income as related to housing costs in Aspen and Pitkin County. In order to
carry out this objective, _affordable housing units are categorized to reflect which income
levels they are to service as set forth in Sections 1 and 2 below.
SECTION 1
CATEGORY INCOMES
Prior to 1990, income categorms were designated as Iow, moderate or middle income m
accordance with the applicable Guidelines at that time. n 1990, APCHA redefined the
terms and established four income categories in an effort to create a greater variety of
units to serve the community's income levels. The four income categories were equated
to the past income categories and adjusted annually using the Consumer Price Index
(CPI). ~'
Current income amounts were derived from 1999 data collected by the APCHA including:
199g Housing Survey of Pitkin County Employees: Colorado Department of Labor and
Employment reports~ Colorado Department of Employment and Wages reports: U.S.
Census Bureau: Flow of Funds Accounts Report-and Annual-Expenditures Per Child
Report: and Housing and Urban Development Data Sets.
The survey of Pitkin County employees determined that the median household ~ncome
for households with zero and one dependent was S60,000.
Category 1/ow income level Category 2 lower moderate income level
Category 3 upper moderate income/eve/ Category 4 middle income level
The maximum gross household income (defined in the Definitions) for each income
category is set forth in Table I.
If net assets exceed the Category 4 net asset limit for any household with a Category
1, 2 or 3 income, the following method will be used to calculate income: Each
$45,000 of excess assets over $225,000 (the Category 4 asset limit) wilt be converted
to 54,152 of income and added to the Gross Household Income. This is the amount
necessary to purchase $346 per month of mortgage at an 8.5% interest rate over 30
years. Although this adjustment does not place a maximum cap on net assets, it
creates greater equity between income categories by causing assets to count more
towards income.
2001 Asoen/Pitkin County Housing Guidelines Page 4 of 62
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TABLE I
MAXIMUM INCOMES BY CATEGORY
Maximum rental incomes are different than maximum sales incomes. Due to the nature
of the working adult in' Pitkin County and the wages that are required to. maintain'a
consistent employee base, the Housing Office and Board have recognized the need for a
higher allowable income adjusted by the number of adults and the bedroom mix.
Maximum sales incomes are not attributed to the number of bedrooms, but will remain
the same per household, with an adjustment to dependents only.
Maximum Incomes for RENTAL Units Only
(See Income Verification, Part II, Section 2, No. 1)
No. Of Adults Category ] Category 2 Category 3 Category 4
One Adult $_2J~.~_4_Q~. ......$ 4~L.~9_0_Q ,v,~ v v$~+lQO_ ...... $]/Z9_ 7~ZQ~ .......
Two Adults ~Q ~,~ :n ~ ~o ~- ,
Three Adults 46.200~d,~25 ~n ~ ~ o~ ~m
~ ..... ~l 19.1001 l 5,975192.000 ...... 9
Net Assets not in Excess of 150,000 1 75,000 200,000 225,000
Maximum Incomes for SALES/OWNERSHIP Units Only
(See Income Verification, Part III, Section 2, No. l)
~1o. of Dependents Category 1 Category 2 Category 3 Category 4
0 Dependents $26.400 ...... $41.900 ...... $68.100~-5,7505109_.700, n~
1 Dependent _33.90033,0gQ _,,4q 4n~,~ ,~,~75 ~__600., ..... 117.2001 .... ~
...... ...... 2 ,eeo
2 Dependents 41 ,~_Q4 ..... == cnn om *mn
~ ~ ~n~ ~,40Q ...... 9D.600 ...... 1 ~20Ol ~ ~
3 or More Dependents 48:9D~ ...... =~ nnn =~ ~=n ......
Net Assets Not in Excess of ] 50,000 ] 75 000 200,000 225,000
NOTE: A household can quali~ to purchase or rent a unit in a higher catego~.
SECTION 2
RES DENT OCCUPIED UNITS
In addition to the income categories for affordable housing units set forth in Table I
above, affordable housing u nits may also be designated "Resident Occupied" (RO) units.
Persons shall occupy RO units who quali~ as stated in Part III, Section 3, Qualifications
for Purchase of Resident Occupied Units. Resident Occupied units with deed
restrictions recorded prior to the establishment of the RO Guidelines are subject to their
individual deed restrictions. Information on Resident Occupied Units is also found in
Part III, Section 3, Purchasing Affordable Housing; Part V, Section 7, Sales of Affordable
Housing; and Part VII Section 6, Development of Affordable Housing.
200~ ~penlPitkin Ooun~ Housing Guidelines Page 5 of 62
P128
PART/I,
RENTING AFFORDABLE HOUSING
SECTION 1
QUALIFICATIONS TO RENT AFFORDABLE HOUSING
To qualify, be eligible, and remain eligible to rent and res/de in a long-term affordable
housing unit (Category 1, 2, 3, or 4 or tong-[erm at Marolt & Truscott), a person/
household must meet [he following criteria and must not be over the maximum income
as stipulated in the table below:
Maximum Incomes for RENTAL Units Only
(See ncome Verification Part 11, Section 2, No. 1)
No. Of Adutts Category 1 Cate.qory 2 Category 3 Category 4
One Adult $~_6:400 ...... $41_~ ...... $.68.100 ...... $109.700, ~
Two Adults - 3_9.~6_0_Q .......6_2_,9_0_Q6~,. ~,.],.Q.2.~]_0_0.. ...... .L6_4~6_0~_ .......
Three Adults ~_Q~ ..... ~.~QQ ...... ~]_O.~ ..... 5.~185 ....
Net Assets not in Excess of 150,000 ] 75,000 200,000 225,000
]. Be a full-time employee working n Pitkin County; or a. retired person who has
been a full-time employee in Pitkin County'a minimum of four years immediately
prior to his or her retirement defined in the Guidelines; or a disabled person
residing in Pitkin County who has been a full-time employee in Pitkin County a
minimum of two years immediately prior to their disability (as defined in the
Definitions); or in the event of 'the oualified employee's death, the spouse of any
such employee, retired person, or disabled person~; a dependent living with that
qualified emoloyee, retired person or disabled person. !~_~_~v._Q_-_p~.I:.S._OJ~
household Q~_~_ad~J.J:L~_onlv (Qg_~e.~13_cJ~L'~_~5_d_e,[Ln_e-~Lin the._CLL~L~e,[jl:LeS).,_lZO_t~t
adults must be work/no in Pitkin County to qualify for an additional bedroom,
Upon rental of the unit, employee(s) shall occupy the unit as the primary
residence.
3. The tenant must not own developed residential real estate or a mobile home in
those portions of Eagle, Garfield, Gunnison or Pitkin Counties, which are part of
the Roaring Fork River drainage.
4. If vacant land is owned in the portions of these counties, which are part of the
Roaring Fork River drainage, while leasing an affordable housing unit, the land
2001 Aspen/P tkin Courtly Housing Guidelines Page 6 of 62
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must remain unimproved. If the land is improved with a residence the individual
must then relinquish the affordable housing unit b~ vacating the rental unit.
5. The tenant must have total current household income and assets no greater than
the maximum amount specified for the particular Category ], 2, 3 or 4 unit. Any
renter who has assigned, conveyed, transferred or otherwise disposed of property
within the ast two years without fair consideration in order to meet the net asset
limitations shall be ineligible.
6. If the Tenant's residency began prior to ownership by the City, County or Housing
Office as a result of a "Buydown" situation, and the Tenant's residency has been
continuous since that time, the Tenant must qualify on/yas a full-time employee.
The Tenant does not have to qualify under the Income or Asset provisions. The
Tenant will be required to pay rent commensurate with his or her household
income regardless of the price category of the unit.
7, tf _a. Tenarlt or ~otential Tenant is under review for a non-compliance issue, t_he
.m_e__ nant or potential Tenant will not be aoproved and/or his or her leas_e will_.n__ot
8-~. Emergency workers receive priority for rental units. They must verify their
continued service (see Definitions), to that agency for their lease to be renewed.
This requirement expires after two years of residency/service. See Part II, Section
8, Emergency Worker, to see if you are eligible for an emergency worker priority
and the process that needs to be roi owed.
SECTION 2
INITIAL QUALIFICATION TO RENT
In order to determine that a person or household desiring to rent an affordable
housing unit meets all of the criteria set forth in Section 1 above, PRIOR to occupancy,
the Housing Office must review and have on file specific documentation which
provides proof of: residency, employment, income and assets. The Housing Office may
request any or all of the following documentation. (All information and
documentation received will remam confidential).
]. income Verification:
'a. Copy of the previous year's (must current) Federal Income Tax return.
b. Current income and financial statement verified by the applicant to be
true and correct. If there is a variance of more than or less than 20%
between current income and income reported on the previous year's tax
returns, the incomes will be averaged. This will establish the income
category.
2001 Aspen/Pitkin County Housing Guidelines Page 7 o~ 62
P130
c, Applicants may, upon request, have the optio~ to have their gross
income averaged over a three-year period for qualification.
d. Social Security report of employer(s) and location(s).
If the above information is not available, the applicant must provide other
documentation as requested by the Housing Office.
2. Employment Verification:
a, All W-2 forms from the current or previous year (Waitlist tenants must
provide documentation of employment for the full term that their name
was on the waitlist).
b. Wage stubs (if W-2's are not available).
c, Employer(s) name, address, telephone and dates Of employment.
d. Housing Office "Employment Verification Form" [signed by employer(s)].
e. Evidence of legal residency.
f. La~ dlord verification of residencv, stating specific dates.
g. Valid Pitkin County Driver License.
h. Valid Pitkin County Voter Registration.
J, ~ Verification of telephone service in Pitkin County.
j. Divorce Decree or Separation Agreement, including alimony and child
support. A copy must indicate that it has been entered in the record with
all exhibits and supplements attached.
If the above information is not available, the applicant must provide other
documentation as requested by the Housing-Office.
Due to the need for an emolover to house their emoiovees on-site, for rental units
owned by employers, if the deed-restricted housina is located on-site of the business:
the employer may choose the tenant. If the income and/or assets are qreater than the
maxJ~.u_m_~l~_w.e.cLfQ~_th~_t.._s_~cLfi¢_~t,_t_kct_e.m~[~ inc~_m_~_d_/~_c~s_~__s~t~ _b~
Note: Applicants for Affordable Housing will verify on the application that all
information provided is true and accurate. If any of the information is determined to
be inaccurate or non-verifiable the applicant may be subject to disqualification by the
Housing Office from the application and/or approval process.
SECTION 3
REQUALIFICATION FOR RENTAL OF AFFORDABLE HOUSING
The status of Renters/Tenants of Affordable Housing Units shall be reviewed and
verified every other year (biannually) to ensure that they continue to meet the
2001 Aspen/Pitkin County Housing Guidelines Page 8 of 62
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requirements of the Guidelines, including but not limited to: Minimum Occupancy,
Income and Asset Requirements, and Employment.
Housinq Office Responsibilities:
The Housing Office shall endeavor to cause the Landlord to provide the Tenant
written notice of the requirement for requalification at least thirty (30) days
prior to the expiration of the two years.
2. The Housing Office will provide to the Tenant a copy of the Rental Approval
form wi~h instructions.
Should a tenant not m~et the reouirements of the cate(]orv unit. the tenant shall
have one year to come into comoliance or find another olace to live. A tenant
LQ~M-n.~g-~f~L~b~.r-1¢~t~aJ-~.~p~.~-u~Q~;j`e~s-~h~a~s-~n-~-~¢-~E~.~L¥~ar to_.~$jd_e_.in_t_b_.e_
_unit. However. the rent shall be increased to the cate¢orv that matches the
];_e_n _a.n t ' s income:
Landlord Responsibilities:
1. The Landlord shall provide disclosure in the lease that tenants must be qualified
every two years and must reapply in the second year.
2. The Landlord shall provide the Tenant written notice of the requirement for
requalification at least thirty (30) days prior to the expi-ration of the two years.
The Housing Office Rental Approval form should accompany this notice.
3. Provide the Housing Office a copy of the lease signed by both parties, prior to
Tenant occupancy.
Tenant Responsibilities:
1. Renters must meet al of the Initial Qualifications stated previously in Section 1.
2. if the Tenant does not receive the Landlord's notice or the Rental Approval
form, the Tenant must contact the Housing Office by telephone, 920-5050, or
[n person.
3 The Tenant must pay a $15 Requalification Fee when the documentation is filed
with the Housing Office.
2001 Asoen/Pitkin Count' Housing Guidelines Page 9 of 62
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SECTION 4
RENTAL ENFORCEMENT
1. All qualification items from Section 1, 1-8, are verified every two years by the
Housing Office staff.
2. Roommates are permitted under the Guidelines. Individuals residing in two or
three bedi'oom units must, at all times, have the unit filled with qualified
tenants In case of a vacancy, the remaining tenant(s) is/are responsible to find
a new roommate within forty five (45) days. Al residents must be qualified
through the Housing Office prior to occupancy.
3. The Min mum OCcupancy Requirement of one qualified individual per bedroom
must be met.
4. The Housing Office may do random audits and investigate~ complaints or
reports of non-compliance on an ongoing basis.
SECTION 5
RENTAL OF AN OWNERSHIP UNIT
A unit may, upon approval of the Housing Office, be rented to a qualified individual, in
accordance with the Guidelines for a maximum period of two (2) years.
Terms and Conditions:
1. Notice of such intent and the ability to comment shall be provided to any
applicable homeowner's association at the t.ime of request to the Housing Office.
2. A letter must be sent to the Housing Office requesting.permission to rent the unit.
3. A minimum s~x (6) month written lease must be provided to the tenant, with a
forty-five (45) day move out clause, except for non-profit employee/faculty
tenants, where a three-month lease or a month-to-month lease shall be allowed.
A three-month rental must be approved as a Leave of Absence under Part V,
Section 8.
4. The Housing Office must qualify all tenants, and shall waive the income and asset
requirements for non-profit tenants, The tenant must be a qualified employee as
stipulated in these Guidelines, or non-profit employee/faculty member as defined
in these Guidelines. The unit must be leased for the terms set forth-in the Deed
Restriction on the unit or, if there are no such provisions in the Deed Restriction,
upon terms approved by the Housing Office.
2001 Aspen/Pitkin County Housing Guidelines Page 1C of 62
P133
5 Prior to the Housing Office's qualification of the tenant, said tenant shall
acknowledge as ~art of the lease that said tenant has received, read and
understands the homeowners' associatio~ covenants, rules and regulations for
the unit and shall abide by them. Enforcement of said covenants, rules and
regulations shall be the responsibility of the homeowners' association.
A copy of the executed [ease shall be furnished by the owner or tenant to the
Housing Office and homeowners' association,
SECTION 6
MANAGEMENT OF RENTAL UNITS
Private management companies manage most of the rental projects. Each specific
complex may differ in its rental procedures. Persons desiring to rent an Affordable
Housing unit must meet employment and income requirements as well as minimum
occupancy. A/~st of t/~e rental projects and managers/$/ocated/n Appenc/ix D.
Units managed by the Housing Office are Truscott Place, Smuggler Mountain
Apartments,~Aspen Country inn and Marolt Ranch Seasonal Housing. Please contact
the Housing Office or individual property managers for specific rental information.
SECTION 7
RENTAL WAITLIST
The Housing Office maintains a Waitlist of rentals for some projects. Due to increasing
demand and limited supply, the length of time to obtain affordable rental housing
currently ranges from two to four years. Prospective tenants must remain working full
time in Pitkin County during the Waitlist period in order to maintain their position on
the Waitlist. Proof of Pitkin County employment must be provided at the time of
Qualification for the full term of the Waitlist period. Once established on the Waitlist,
the waitlisted person must update his/her status every ninety days. Updating may be
done as frequently as once a month.
SECTION 8
EMERGENCY WORKER
An emergency worker may be placed on the top of the rental waitlist if they are
approved as a qualified Emergency Worker through the Public Safety Council Committee
review and as defined under the Definitions section herein. The individual's supervisor
must request the priority, in writing, to the Public Safety Council Housing Subcommittee.
This Subcommittee will consist of members from any emergency worker department, a
member of the Public Relations E~oard (PRB) and a member of the Housing Office staff, it
is the responsibility of the supervisor to prove to the Public Safety Council that the
2(301 Aspen/Pitkin County Housing Guidelines Page 11 of 62
P134
employee is a required emergency response priority. The member of the PRB and the
Housing Office will not vote, but will comment on whether the individual should be
allowed the priority. If the Public Safety Council Housing Subcommittee approves the
individual for priority status, written verification must be provided to the Housing Office.
At such time, the Housing Office wi place the individual at the t(; p of the rental waitiist
for City-owned projects.
2001 Aspen/Pit, in County Housing Guidelines Page 12 of 62
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PAR T II!
PURCHASING AFFORDABLE HOUSING
S£ClION 1
QUALIFICATIONS TO PURCHASE AFFORDABLE HOUSING
To qualify, be eligible, and remain eligible to purchase and res/de in an affordable
housing unit, a person/household must meet the following criteria and must not be over
the maximum income as stipulated in the table below:
Maximum Incomes for SALES/OWNERSHIP Units Only
(See Section 2, No. 1)
No. of DepenOents Category 1 Category 2 Categof'y 3 Category 4
0 Dependents $26,400 ...... $~L~_0_Q ...... $68. 100 ...... $109.700 ...... g
49.400 ...... 75,600 ...... ] 1 7.2001 ]
I Dependent 33~O33,999 ~ nnn ~ ~n .....
2 Dependents 4~=~Q ....... 5fi~_O.Q ...... .8_~.~LO~ ...... 124,700 .......
3 or More Dependents ~ ...... fi~ ...... ~_~600 ...... 132~QO .......
Net Assets Not in Excess of ~ 50,000 ] 75,000 200,000 225,000
NOTE: A household can quali~ to purchase a unit in a higher catego~.
1. Be a full-time employee working in Pitkin CounW; or a retired perso, ~see
Def/nitions) who has been a full-time employee in Pitkin Counw a minimum of
four years immediately prior to retirement as defined in the Guidelines; or a
disabled person residing in Pitkin CounW whe has been a full-time employee in
Pitkin CounW a minimum of ~o years immediately prior to their disabiliW (as
defined in the Definitions); or in the event of the oualified emolovee's death, the
spouse of any such employee, retired person, er disabled person or a dependent
living with that q~alified employee, retired person or disabled person. In a
person hous. ehold of ~o adults (no dependents as defined in the Guidelines~.
both adults must be workin~ in Pitkin County to ~uali~ in the too or/or/tv for an
2. Upon purchase of the unit, employee(s) shall occupy the unit as the prima~
residence ~nd maintain at least the minimum work reouirement until retirement
~e as SD~CJ~e~_~_ the!e
3. The purchaser/owner must no~ own developed residential real estate or a
mobile home in ~hose portions of Eagle, Garfield, Gunnison or Pkkin. Counties,
which are pa~ of ~he Roaring Fork River drainage. If properW is owned, the
purchaser/owner must lis~ for sale, a~ competitive marke~ prices, the residensial
2001 Aspen/Pitkin Coun~ Housing Guidelines Page 13 of 62
P136
real estate or mobile home prior to or simultaneously with closing on the
affordable housing unit and still meet the asset, income limitations as set forth
in Table I The purchaser must provide the Housing Office with a copy of the
appraisal of the property. Upon the sale, a copy of the closing documents
indicating the sale price must be ;rovided to the Housing Office.
4. If the property is not sold by the time of closing on purchase of the affordable
housing unit, it must remain listed until sold. If the owner of the other
residential property desires to rent that property prior to sale, the owner shall be
required to rent such property as affordable housing in accordance with the
Guidelines at the income category determined by the Housing Office to be
appropriate under the circumstances.
5. If vacant land is owned in the portions of Eagle, Garfield, Gunnison or Pitkin,
which are part of the Roaring Fork 'River drainage, while owning an affordable
housing unit, the land must remain unimproved. If the land is improved With a
residence, the individual must then relinquish the affordable hous'ng unit by
listing and selling the ownership interest in that unit. NOTE: Persons owning
improved res/dent/a/property, res/ding in affordable housing prior to May I, 1994, will
be all~wed to retain ownership of that residential property and still be eligible to reside
tn affordable housing. However, once the residential property is sold, the person
residing m affordable housing may not acquire additional residential property and
remain eligible to reside in affordable housing.
A business owner, where the individual owns a deed restricted unit, has an
opportunity to purchase another unit in the-Roaring Fork drainage system under
the following conditions: l) the business owner would contact APCHA that a unit
has been found in the free market that they would ike to purchase; 2) the
business owner would then discuss with the APCHA the needs of the owner; 3)
the specific Category would be agreed to by both parties (the owner and APCHA)
and 4) the Housing Office has the option to approve the request as long as a
recorded deed restriction is placed on the free market property relating to the
business. The employer would only be allowed to rent the unit to a qualified
employee of Pitkin County unless the unit is located in the downvalley area.
Should the unit be located downvalley, the owner would be allowed to rent to an
individual employed somewhere in the Roaring Fork Drainage System as long as
their employee would have the first right of refusal with the second right of
refusal going to someone employed in Pitkin County, with the last right to any
other qualified employee.
6. The purchaser/owner must have total current household income and assets no
greater than the'maximum amount specified in Section I above for the particular
category. Any purchaser who has assigned, conveyed, transferred, or otherwise
disposed of property within the last two years without fair consideration in order
to meet the net asset limitations shal be ineligible. Maximum net asset limits for
2001 Asoen/Pitkin County Housing Guidelines Page 14 of 62
P137
households, which consist of at least one citizen of retirement age, are 150% of
the applicable income category.
NOTE: The ownership of any property shall be considered in determining Maximum
Net Assets.
NOTE: Qualification #6 is applicable at the time of purchase ONLY. After purchase,
owners must continue to meet criteria ]-5 above to continue to own and reside in
affordable housing.
comoliance issue may not enter any new lotteries until the non-comoliance issue
SECTION 2
INITIAL QUALIFICATION TO PURCHASE
In order to determine that a person or household desiring to purchase an affordable
~ousing unit meets all of the criteria set forth in Section 1 above, the Housing Office
must review and have on file specific documentation which provides proof of:
residency, employment, income and assets. The Housing Office may request any or ali
of the following documentation. All information and documentation received will
remain confidential.
1. Income Verification:
a. Copies of the past two years complete Federal income tax returns, with W2's
attached.
b. Current income and financial statement verified bythe applicant to be true and
correct. If there is a variance of more than or [ess than 20% between current
income and income reported on the previous year's tax returns, the incomes will
be averaged. This will establish the income categow.
c. Social Security records, or W2's for all the years worked in Pitkin County.
if the above information is not available, the applicant must provide other
documentation as requested by the Hou sing Office.
2. Employment Verification:
a All W-2 forms from a minimum of the previous four years (purchase).
b. Wage stubs (if W-2's are not available).
c. Employer(s) name, address, telephone and dates of employment.
d. Housing Office Employment Verification Form [signed by employer(s)].
e. Evidence of legal residency.
f. Landlord verification of residency, specific dates.
g. Valid Pitkin County Driver License.
2001 Aspen/Pitkin Count~ Housing Guidelines Page 15 of 62
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h Valid Pitkin County Voter Registration.
i. Verification of telephone service in Pitkin County.
j. Divorce Decree or Separation Agreement including alimony and child
support. A copy mus[ indicate that it has been entered in the record with
a. II exhibits and supplements attached.
k. Applicants desiring to purchase a unit will be required to sign a release in
order for the Housing Office to obtain a copy of the loan application from
the lender.
If the above information is not available, the applicant must provide other
documentation as requested by the Housing Office.
Note: Applicants for Affordable Housing will verify on the application that all
information provided is true and accurate. If any of the informatio~ is
determined to be inaccurate or non-verifiable, the applicant may be subject to
disqualification by the Housing Office from the application and/or approval
process.
SECTION 3
QUALIFICATIONS FOR THE PURCHASE OF
RESIDENT OCCUPIED UNITS
Purchasers of Resident Occupied affordable housing must meet all of the criteria as
stated below:
1. Income Verification:
a. Copies of the past two years complete Federal income tax returns, with
W2's attached.
b. Current income and financial statement verified by the applicant to be
true arid correct. If there is a yanance of more than or less than 20%
between current income and ~ncome reported on the previous year's tax
returns, the incomes will be averaged. This will establish the income
category.
c. Social Security records, orW2's for all the years worked in Pitkin County.
If the above information is not available, the applicant mus[ provide other
documentation as requested by the Housing Office,
2. Employment Verification:
a. All W-2 forms from a minimum of the previous four years (purchase).
b. Wage stubs (ifW-2's are not available).
c. Employer(s) name, address, telephone and dates of em ployment.
2001 Aspen/Pltkin County Housing Guidelines Page 16 of 62
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d. Housing Office Employment Verification Form [signed by employer(s)].
e. Evidence of legal residency.
f. Landlord verification of residency, specific dates.
g. Valid Pitkin County Driver License.
h. Valid Pitkin County Voter Registration.
Verification of telephone service in Pitkin County.
Divorce Decree or Separation Agreement including alimony and child
support. A copy must indicate that it has been entered in the record with
all exhibits and supplements attached.
k. Applicants desiring to purchase ~ unit will be required to sign a release in
order for the Housing Office to obtain a copy of the loan application from
the lender.
If the above information is not available, the applicant must provide other
documentation as requested by the Housing Office.
3. Additional Requirements:
a. Gross income and net assets are limited. The amount allowed is that
~ which permits a household to qualify for a $.6_21.100.E99,999 purchase as
follows: i) when all net assets are to be counted as a down payment; and
ii) 28% of gross income ~s available to finance the remainder of the
purchase price at an 8% interest rate amortized over 30 years.
b. See the deed restriction for the specific RO unit for any other additional
restrictions and/or conditions.
4. Resale of RO Units: The owners of an RO unit must list the unit through the
Housing Office, unless the specific deed restriction states otherwise. At the
time of the listing, the Owner will pay to the Housin§ Office a 1% sales fee. The
unit will go through the normal selling process, with a lottery held at the end of
the two-week bid period. At the time of closing, the Owner will pay an
additional 1% sales fee, for a total of a 2% sales fee.
SECTION 4
MAINTAINING ELIGIBILITY FOR OWNERSHIP
OF AFFORDABLE HOUSING
There is not a requalificatio~ requirement to meet Income, Asset and Minimum
Occupancy for persons who have purchased and own an affordable housing unit. The
individual must remain a qualified employee or retiree and continue to occupy the unit
as their primary residence as defined in these Guidelines, and as they are amended
from time to time. In the future, it may be a requirement for an owner to provide
documentation of working in Pitkin County on a biannual basis.
2001 Aspen/Pitkin County Housing Guidelines Page 17 of 62
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SECTION 5
ENFORCEMENT OF OWNERSHIP UNITS
1. All qualification items under Part III, Section ], 1-5 shall apply to continue
ownership.
2. Roommates are permitted under the Guidelines. All residents must be qualified
through the Housing Office prmr to occupancy.
of .... u ............ ~"" ~'~'~ ' ' ' doinq
non ..... ~ ................ , .... = ....... _T]'J_e_ J:[o_u.sJ~q._O_[fl_C~ w!!L.b_e a
random audit on all the ownership units as to emolovment and ownino other
orooertv within the Roarina Fork Valley. This is to ensure that all owner~
,C.o_n_t J~3~Le.~ m e~e.LtLtedLe~. _u..i~_e_m~ Et ~._(~_t b_e_Gjj jd.e.lJ~Le ~.
Housino Office Responsibilities:
~,_]'~_L-Lo_u~i~q_Q~;_e_5~lJ_e~_d_e.~.v..~t:_~)J:e_.c~Laj~[y_e_~c_h_O~ner within the
[:l_e~l; t;w o_v_e~a, cs_,
b. The Housino Office shall randomlv Dick the owners, over this two-veer
period of time. to provide documentation to the Housine Office show~nq
~mJ3]_lo_~m_eJ3Lbj~:LoL¥_c~cL~hat ttt~ey_d.~'to_t...own Q.~._her orooertv within the
Roarino Fork Vallev.
c. The Housino Office shall mail a letter and a form t~o be completed bv the
Owner reauestina emDIovment information and incom'e tax returns,
e..__..O_ac_e_tb_e_d_kcu.m_~o_ta[ioJ3_bas_k¢e~lj'Aceived, the Housino Office will
review each file for compliance,
f. Should the Owner be out of comoliance, a second letter will be sent m
!:l'l.e_O_w_a.e_r_r_e.q.u2os.t:ill.q_tb_at the_O:~o_e.r_!fa.tkl:['keJ~t_~iated in their Deed
Restriction.
o. Should the Owner contest the deed restriction, if the Court finds for the
Housino Authority. all leoal fees will be paid bv said Owner.
O~_erj~_ ge~ p~J~L.~Lbik' ~ Le ~:
a. Once the Owner receives the letter and forms from the Housina Office. the
the letter the comDletedform and a CODY of their most recent income tax
return.
b. If the Owner does not submit the information or contacted the Hou$inq
D~L~e_[D_tl:Le~time_aJ£Oit:~d.~J3_e,_~D_10_r~¢iation for their unit will be
5_u.~.p_e._nd_e~d,SJ:Lo_uld the Owner be found out of compliance, the Owner
will list the unit with ~he Housina Office as stated in their deed restriction,
2001 Aspen/pitkin County Housing Guidelines Page 18 of 62
P141
c. There are life circumstances that may be beyond the control of the Owner.
.'r._h_e_._Own.e_r__h_a_s_the o .O_p__9_Et_u_nit.v_to re_~_uest a__S_p_eci_a_l Re_view. Som__e_
an accident requiring_the inability for the owner to work. a sinple oarerl~
who is unable to work full-time, etc.
SECTION 6
PRIORITIES FOR PERSONS BIDDING TO PURCHASE
AN AFFORDABLE HOUSING UNIT
The Housing Office operates a lottery for the sale of affordable housing properties.
Priorities for the lottery bid process are as stated below. The qualified person(s)
submitting the highest bid price, which does not exceed the maximum bid price, during
the bid period shall have the first right to negotiate the purchase of the unit. If two or
more qualified bids are submitted at the highest bid price, they shal receive preference
and be prioritized for selection as the top bidder in the following order:
A. Persons with a present ownership interest Joint or Tenants In Common, in the
affordable housing unit.
B. Person(s) chosen by the remaining owner(s) to purchase the interest of another
owner. ANY FRACTIONAL SALES MUST BE APPROVED BY SPECIAL REVIEW IF NOT
UNDER A COURT ORDER DUE TO DISSOLUTION PROCEDURES.'
C. Qualified spouses and/or children of current owners, including joint custody of the
children, and/or qualified parent(s) meeting minimum occupancy. A transfer
between siblings '~s not permitted.;_b.O_w_e,v_e,l::~_a~.n_v__l~_r.s~0_n__w__]:LO_Ls_~.c]_~L~e~_~
bv a transfer between a family member (as defined in these Guidelines) must
qualify fully under that soecific cate~_orv_. For ex~am~le._i_~f the unit is a Category. 3
history of_at least the last four years.. (Transfer w/th/n /rnnrned/ate farn//y to a
qua//f/ed buyer requ/res a $100 fee, and must be approved by the I-/ou$/n~ Off/ce
pr/or to the transfer.)
D. Persons living in and owning another unit within the coml; ex who meet minimum
occupancy standards. A person must have owned his ~n-complex unit for at least
one year prior to receiving the in-complex priority. If there are more than one in-
complex bids meeting minimum occupancy~, a lottery will be held by giving the
200'1 Aspen/Pit.kin Ooun[y Hou$in~ Guidelines F~8~e '19.of 62
P 142
number of chances as stipulated below. On an in-complex move, a unit must open
up to bid to other qualified persons before receiving the in-complex priority. For
new projects, the in-complex priorities will apply only after completion of all
affordable housing phases of the project.
_EE. Persons with four or more consecutive years of employment in Piti<in County
immediately prior to application for ;urchase:
1. With minimum occupancy and one or more dependents for units with three or
more bedrooms, dependents must reside in the unit a minimum180 days out
of any 12-month period,
2, With minimum occupancy
Each household in the top priority will receive the following number of chances:
Working in Pitkin County greater than 4 years, less than 8 years 5 chances
Working in Piti<in County greater'than 8 years, less than ~ 2 years 6 chances
Working in Pitkin County greater than 12 years, less than 16 years 7 cha~ ces
Working in Pitkin County greater than 16 years, less than 20 years 8 than ces
Woj'king in Pitkin County greater than 20 years 9 chances
E_F. Persons with one to four consecutive years of employment in Pitkin County
immediately prior to application for purchase (each individual will receive one
chance in a separate lottery only if there is no one bidding who has been working
in Pitkin County four years or more):
1. With minimum occupancy and one or more dependents for units with three or
more bedrooms (dependents must reside in the unit greater than 180 days out
of any 12-month period).
2. With minimum occupancy
GG. Persons with less than one consecutive year of employment in Pitkin County
~mmediately prior to application for purchase (each individual will receive one
chance in a separate lottep/only if there is no one bidding who has been working
in Pitkin County four years or more):
1. With minimum occupancy and one or more dependents for units with three or
more bedrooms (dependents must resi'de in the unit greater than 1 80 days out
of any 12-month period).
2. With minimum occupancy
HH. Persons with four or more consecutive years of employment in Pitkin County
~mmediately prior to application for purchase not meeting minimum occupancy, but
which most closely approximates minimum occupancy.
2001 Aspen/Pitkin County Housing Guidelines Page 20 of 62
P 143
__lJ,. Persons with one to four consecutive years of employment in Pitkin County
immediately prior to application for purchase not meeting minimum occupancy, but
which most closely approximates minimum occupancy.
Persons with less than one consecutive year of employment in Pitkin County
immediately prior to application for purchase not meeting minimum occupancy, but
which most closely approxi mates minimum occupancy.
After prioritization, names of bidders with the highest bids of equal amounts and equal
priority status shall be placed in a lottery which will be held within a reasonable amount
of t~me following the deadline for bids.
If the terms of the proposed purchase contract, other than maximum price, as initially
presented to the owner, are unacceptable to the owner, there shall be a mandatory
negotiation period of three (3) business days. During this period, the owner and
potential buyer shall endeavor to reach an agreement regarding said terms, including
but not imited to the closing date and financing contingencies. If the owner and buyer
have not reached an agreement at the end of the negotiation period, the next bidder's
offer will then be presented to the owner for consideration. A new three-business day
negotiating period will begin. All follow-up qualified bids will be processed in a like
fashion until the unit is sold or all bids are rejected. If the owner rejects all bids, the unit
shall be placed back on the market for new bids or withdrawn from sale. The owner
shall be subject to the provisions of Part V, Section 3, paragraph 1, regarding sales fees.
if a unit has been expanded to include another bedroom minimum occupancy shall be
based on the original bedroom count (e.g., for a-l-bedroom'u~it expanded to a 2-
bedroom unit, a single person household would meet minimum occupancy, and the unit
would be marketed as a one-bedroom unit).
EXCEPTIONS TO PRIORITIES SUBJECT TO (SPECIAL REVIEW):
Emergency workers (see Definitions and the Emergency priority under Part II,
Section 8, Emergency Worker) meeting minimum occupancy may qualify for
placement into the highest lottery category (except paragraphs A, B, C and D, of
Part ltl Section 6). The employee may compete with other applicants in that
category (with a maximum of 5 chances) upon approval from the Public Safety
Council. In order to receive the emergency worker priority, the emergency worker
must have been n service to the community with that agency for a least one year.
The worker will be required to be 'n service to the agency as a qualification of
ownership until they have completed four years of service. If the worker leaves
the emergency status position before that time, they will be required to list their
unit for sale to a qualified em;Ioyee. (The option for Special Review of
circumstances for leaving is open to emergency workers.)
2001 Aspen/Pitkin County Housing Guidelines Page 21 of 62
P144
2. First priority for handicapped accessible units shall be given to disabled persons
prioritized by length of residency.
3. Persons removed from their residence in Aspen or Pitkin County due to
conversion or reconstruction of their residence by government action may
receive higher priority upon Special Review.
2001 Aspen/Pitkia County Housing Guidelines Page 22 of 62
P145
PART IV
LO-I-I-E RY PROCESS
Priority for purchasing via the Housing Lottery is given to those persons who have
worked in P/tkin County a m/n/mum of four consecutive years. An initial lottery is held
for persons who have priority status. A subsequent lottery may be held if necessary,
Any persons employed in ?itkin County and meeting the above criteria are eligible ro
participate in the Housing Lottery, however, demand for housing is so great that it is
unlikely in the foreseeable future that a non-priority lottery wi//need to be held.
1. The lottery is held the .Monday after the listing period nas ended, unless otherwise
s p e c i fie d .=S_h.9._U !.~...t_.h._e.~_e.....b_e._.a..q_Ln_~.c..P_..m..~g..x__l~_~...__t_.h_~f.._.w_!! Lg~L..~_~!.~.=_~(_~.~ ~.~_~
....o;~_ j~_~..h._a_~j_i!.:.h_~_l~eJ2/_ ..~/iti_b_e held fo~J:]:Lo~te in-QoJ30 ._pJ~__x__.._h._o=_.g_s_e.._h.._o~._~s_only_.
S.ho.u.ld...all...J n: h o.us e.. p e~.pl.e..de c ll~ ~_th.e .u n J~.~.t..n Qt. qet.~i.Q~ n ci.nq ~.th eJ o/~t.~.~z..~ill. _b.e_..h.eJd~ f.o~
2. Ail c~ ualified households who have bid on that unit are entered into the lottery.
3. The names are printed out and verified prior to running the lottery to ensure that a
household has not been excluded. The names are verified by the bid sheets and by the
receipts provided to each bidder. This list s currently posted on the outside door of the
Courthouse Plaza Building by 9:00 a.m.. the day the lottery is held.
4. The lottery shalI be run on the date specified in the advertisement.
5. Once the tottery has been run, the list is printed out and the names are, again, verified to
ensure that all househoJds were included in the lottery, ffthere is a problem, the problem
is noted on the printout and explained as to why the lottery has to be rerun. The lottery is
then rerun with the correction(s) made.
6. The file of the Iotter~ winner IS pulled and reviewed for completion
7. Once the winner's information is verified, the winner is notified by the APCHA and an
appointment is scheduled.
8. The ~ottery is then classified as "official" and the names posted on the bulletin board in the
Housing 'Office.
9. If tiqe winner of the lottery does not proceed ~o contract the Housing Office and sign the
contract within three business days, the next in Hne is notified and so on, until the unit is
under contract for purchase.
NOTE: The APCHA has the right to disqualify a potential winner if the winner's
qualification information cannot be verified is 'ncomplete, or inaccurate at the time of
contract.
2001 Aspen/Pitkin County Housing Guidelines Page 23 of 62
P146
PART V
PROCEDURES FOR THE SALE
OF A CA TEGORY AFFORDABLE HOUSING UNIT
SECTION 1
LISTING A UNIT WITH THE HOUSING OFFICE
I. An owner of an affordable housing unit desiring to sell should consult with the
Housing Office and rewew the Deed Restriction covering the unit to determine
the maximum sales price permitted and other applicable provisions concerning
a sale.
2. Unless otherwise provided in the Deed Restriction, the unit must be listed for sale
with the Housing Office and the Housing Office staff will administer the sale in
accordance with the Guidelit~es in effect at the time of listing.
3. There shall be a minimum listing ~3eriod of three months before a unit's price can
be reaajusted. Any termination in the listing may require the payment of
admiriistrative and advertising costs.
4. The APCHA acts as a Transaction Broker representing both Buyer and Seller.
Questions will be answered and help provided to any potential purchaser or seller
EQUALLY in accordance with the current Guidelines.
5. The APCHA is responsible for preparing all documents p~rtaining to the sale and
purchase of Category Units.
6. All purchasers and sellers are advised to consult legal counsel regarding
examination of title and al contracts, agreements and title documents. The
retention of such counsel, licensed real estate brokers, or such related services,
shall be at purchasers or sellers own expense.
7. The fees paid to the Housing Office are to be paid regardless of any actions or
services that the purchaser or seller may undertake or acquire.
8. A seller in the process of purchasing a different unit may find it necessary to
secure additional financing should the ~3roperty listed for.sale not close prior to
the closing date on the newly purchased property.
9. An inspection form will be provided to the Seller at the time of listin(]. This will
be reviewed with the Sales Mana(~er. It is re(]uired that the Seller shall Provide th~
Buyer with a clean, workin(~ unit upon delivery of deed. All holes in the walls will
be filled, carpet~ steam cleaned, all. damaaed windows will be repaired, all
~.LLan¢~5_~viJl b_e in woJ:J~i~._o£.d_e.J:.,_g,~, JLp_Lumbina in workina order. A final
2001 AspenlPitkin Count, Housing Guidelines Page 24 of 52
P147
insoection of the unit shall be conducted bv the Buyer on the day of closin§. If
the unit is not left in satisfactory condition, at the sole discretion of the APCHA.
m o n e~;.~,_ry_._c..~..~..~.~.~.~;j_.o._n._._~.]3~ I b.~_.b_eld j _n._~.~_c _r_o_w_ a~._cLo__s~_n~_f_r_o_m _¢1~_S ~.!Le_E~
proceeds until the repairs and/or cleaninq are comoleted. The rebaits and/or
cleanin~ shall be oaid from this fund. Any monies left over shall then be
distributed to the Seller. The escrow amount shall be determined bv the Housinq
SECTION 2
ADVERTISING THE SALE: BID PERIODS
1. After a unit is listed for sale with the Housing Office, the Housing Office, at its
expense, arranges to advertise the unit for sale in the Wednesday daily papers.
Upon listing, there's an initial two-week bid period during which the unit is
advertised with two open house dates for showing. The initial two-week bid
period ends on the Wednesday after the second week of advertising. If there are
no bids received in the initial bid period, there will follow consecutive one-week
bid periods, ending Wednesday, until the unit is sold.
2. Prospective purchasers are encouraged to investigate sources of financing prior
to submitting a bid for affordable housing and can ~btain names of lenders from
the Housing Office sales department. Sales staff are available to assist interested
parties with the purchase procedure and to answer any questions about the
process.
3. If more than one bid is received during any bid period, bids are prioritized
according to the Guidelines. If more than one bid is in top priority, a lottery's
held.
SECTION 3
FEES FOR LISTING AND SALES
1. There are two fees involved in the listing and sale of a Deed Restricted Affordable
Housing unit -- a Listing Fee and a Sales Fee. The Sales Fee is equal to two
percent (2%) of the sale's price of the property, unless otherwise specified in the
Deed Restriction. Alsa unless otherwise specified i~ the Deed Restriction, the
Housing Office will collect a half of the total fee {the Listing Fee) at the time of the
isting. If a sale ~s completed by the Housing Office, the Listing Fee is considered
part of the overall Sales Fee and will be applied to the total Sales Fee payable at
closing. The Housing Office may instruct the title company to pay said fees to the
Housing Office out of the funds held for the Seller at the closing. In the event
that the Seller: a) fails to perform under the listing contract, b) rejects all offers at
maximum price in cash or cash-equivalent terms, or c) withdraws the listing after
advertising has commenced, that portion'of the Listing Fee will not be refunded.
2001 Aspen/Pitkin County Housing Guidelines Page 25 of 82
P148
In the event that the Seller withdrav~s for failure of any bids to be received at
maximum p rice or with acceptable terms, the advertising and administrative costs
incurred by the Housing Office shall be deducted from the fee. The balance will
be credited to the Seller's sales fee when the property is sold.
2. Unless otherwise specified in the Deed Restriction covering the unit, a fee equally
a quarter percent (¼%) of the total amount of the loan amount shall be charged by
the Housing Office only when Fannie Mae-type financing provisions are ~sed.
Fannie Mae-type financing shall be at the sole di'scretion of the Housing Office.
This fee shall be paid by the borrower (the buyer) and is based on the amount of
the mortgage. The fee shall be paid for each mortgage transaction and shall be
de posited in the Housing Office Mortgage Reserve Fund Account.
If the fee was not paid on the initial purchase of the unit using the FNMA-type
financing provisions (Fairway III, Twin Ridge, Williams Woods projects), the fee is
then payable by the Owner at the time the unit is sold or refinanced The buyer of
said unit shall also pa,/ the fee based on the amount of the mortgage as set forth
above. If the fee has been paid on a unit and the unit is refinanced, the fee shall
only apply to the amount of refinanced mortgage which is greater than the initial
mortgage upon which the fee was initially collected.
FNMA-type financing provisions are those which provide, among other things, for
the removal of the Deed Restriction on the unit u pon foreclosure of the mortgage,
provided that the Housing Office, City or County do not exercise the option to
purchase the unit within a time specified at ~he time of f~oreclosure. The amount
and adequacy of the fee and Mortgage Reserve Fund shall' be reviewed annually as
part of the Housing Guidelines rewew.
SECTION 4
DEED RESTRICTION
The purchaser must execute, ina form satisfactory to the Housing Office and for
recording with the Pitkin County Clerk concurrent with the closing of the sale, a
document acknowledging the purchaser's agreement to be bound by the recorded Deed
Restriction covering the sale unit. This form is either a Memorandum of Acceptance that
relates to a Master Deed Restriction, or an Occupancy and Resale Agreement. The form
is provided for s!gnature by the purchaser at the time of closing, and will be recorded
along with the other documents that are required to be recorded.
2001 Aseen/Pitkin County Housing Guidelines Page 26 of 62
P14g
SECTION 5
CO-OWNERSHIP AND CO-SIGNATURE
1. Any co-ownership interest other than Joint Tenancy or Tenancy-in-Common
must be approved by the Housing Office,
2. Co-signers (persons providing security or assuming partial responsibility for the
loan) may be approved for ownersh p of the unit but shall not occupy the unit
unless qualified by the Housing Office.
SECTION 6
SALE OR RESALE OF RESIDENT OCCUPIED UNITS
1, The initial Sales Price of Resident Occupied Units shall not exceed
$~_5~_0~_4.59,999 for a three- or four-bedroom unit. The $~6_5~.8_0_Q459,990
shall include the cost of the lot and the construction of the unit, The developer
has the option to request a Special Review to increase this maximum price. The
developer must provide documentation that a higher price is needed to do the
project or the project provides an exceptional community benefit.
2. f a vacant lot is purchased for development, an initial Certificate of Occupancy
must be obtained within three years of the sale of the lot.
3. The Housing Office shall qualify prospective purchasers (under Housing Office
qualifications). Any resales of RO units shall be listed with the Housing Office and
will be marketed through the same process as the category units, unless specified
differently in that projects specific deed restriction. This will guarantee that the
maximum sales price is being adhered to in all aspects of the housing program.
The Seller wilt be required to pay a Listing Fee of 1% of the total sale's price in
addition to the 1% Sales Fee, for a total of 2% of the overall sale's price, Mobile
home parks with no sales price limits are exemption from this section, except
that at the time of closing, a 1% fee of the sales price will be paid by the seller
nto the housing program.
4. The maximum resale price shall be calculated as follows (unless specified
differently in a recorded deed restriction):
· the initial sale price of the RO lot or unit, plus 3% or the Consumer Price index (CPi)
whichever is less appreciation on that amount, subject to the requirements below;
PLUS
· the actual cost to construct a unit on a lot, plus 3% or CPI, whichever is less,
appreciation on that amount from the time of Certificate of Occupancy (CO),
subject to the requirements below; PLUS
2001 Aspen/Pitkin County Housing Guidelines Page 27 of 62
P150
· any additional cost to expand the unit to the maximum 2,200 square feet, plus 3'%
or CPI, whichever is less. appreciation on that amount, from the time of CO for tha~
addition, subject to the requirements section stated below; PLUS
· the actual cost of permitted capital improvements stated in an exhibit attached to
the deed restriction, not to exceed 10% of the initial sales price of the completed
unit, or the expanded unit.
5 Existing mobile home park(s) converted to the RO category will not have an
appreciation cap on the traiter ana/or lot if the unit owners are qualified Pitkin
County residents as defineC by the Guidelines. The Housing Office shall retain
the right of first refusal on any resales,_.
SECTION 7
SALE OF SINGLE FAMILY LOTS
The City or County will receive sales proceeds from single-family lots when the land is
being provided as mitigation of affordable housing impacts for a development or
growth.
The property owner or developer will receive sales proceeds from single-family lots
when the laYid is not being provided as mitigation of affordable housing impacts for a
development or growth.
SECTION 8
LEAVE OF ABSENCE FOR OWNERS OF.
AFFORDABLE HOUSING UNITS
An owner of an affordable housing unit must reside in their unit at least nine months out
of the year and work at least 1500 hours per calendar year. There are instances in
someone's life where they must eave Pitkin County for a limited period of time and
desire to rent their unit during their absence. In those instances, a Leave of Absence
may be granted by the Housing Office for one year. The homeowner must provide clear
and convincing evidence, which shows a bona fide reason for leaving and a commitment
to return to the Aspen/Pitkin area.
Leave of Absence Request Procedure
I. A Leave of Absence Request form must be completed and returned to the
Housing Office at least 30 days prior to leaving. This form must be obtained
from the Housing Office.
2. Notice of such intent to rent and the ability to comment shall be provided to any
applicable homeowners! association at the time of request for their input and
recommendation.
200t Aspen/Pitkin ,Coun[y Housing Guidelines Page 28 of 62
P151
Terms and Conditions:
1. The leave of absence shall be for one year and may, at the discretion of the
Housing Office, be extended for one more year.
2 The unit may be rented in accordance with Part II, Section 5, during said one or
two year period so long as the Deed Restriction covering the unit permits the
rental. A summer Leave of Absence may be granted and units rented under
provisions of Part II, Section 5.
3 In the event that the rental rate is not set forth in the Deed Restriction, the rent
shall be established at the greater of owner's cost or the rent established in
accordance with the Guidelines for units at the appropriate income category (see
Table IV).
4. Owner's cost as used herein includes the monthly mortgage principal and interest
payment, condomimum fees, utilities remaining in owner's name, taxes (if not
part of the mortgage payment) and insurance prorated on a monthly basis, plus
$_~__~g per month.
S. Prior to the Housing Office's qualification of tenant, said tenant shall acknowledge
as part of the lease that said tenant has received, read and understands the
homeowners' association covenants, rules and regulations for the unit and shall
abide by them. Enforcement of said covenants, rules and regulations shall be the
responsibility of the homeowners' association.
6. A copy of the executed lease shall be furnished by the owner or tenant to the
Housing Office and homeowners' association.
7. Should the homeowners' association recommend denial of the owner's request
for a leave, the Housing Office will conduct a Special Review with the owner and
homeowners' association representative(s) present.
~_ B_o__n_a_f_i_(;[_e_£e__~_o. io_$_f~o~_~..J.e~v_e~)_f...~Lb_~_e~L.~_h, all be limited to: an illness or death in
the family, educational ourooses, lob enhancement, travel, exolorina relocation
ootions. Should the owner be denied the Leave of Absence. the owner may
reouest a _Special Review.
~_9, A short-term rental may be permitted, with the consent of the Housing Office and
--the Homeowners' Association, to faculty or employees of a non-profit group and
who shall be qualified without meeting income and assets only for a short-term
rental (three months or less).
2001 Aspen/P[tkin CounS, Housing Guidelines Page 29 of 62
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SECTION 9
ROOMMATES IN SALES UNITS
Owners are allowed to have roommates, however, there are certain conditions that must
be followed when renting a room
Terms and Conditions:
1. Roommates are permitted as long as the individual is a qualified employee, or
falls under the non-profit group req uirement.
2. A roommate must be given a lease.
3. Copies of all leases must be filed with the Housing Office.
4. The maximum rental rate for [he room shall not exceed the maximum rental rate
permitted under Section 8 above, for said unit pro rated on a per bedroom basis.
One roommate in a two-bedroom unit shall pay a maximum rent of one-half
(1/2) ~of the costs; one roommate in a three-bedroom household shall pay a
maximum rent of one-third (1./3) of the total costs.
5. An owner may rent a unit or room To a qualified employee if it is [~ermissible
under the Deed Restriction and or covenants of the Homeowner's Association
covering the unit. The owner must continue to reside in the unit as a sole and
exclusive place of residence. The employee must meet t~e income guidelines for
the specific unit, and al other aspects of being a qualified employee, unless the.
roommate is employed by a non-profit orqanization.
~.T~e owner shall be deemed to have ceased to use the unit as his or her sole and
exclusive place of residence by accepting permanent employment outside of
Pitkin County, or residing in the unit fewer than nme (9) months out of any twelve
(12) months.
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PART VI
SPECIAL REVIEW
A Special Review for a variance from the strict application of these Guidelines may be
requested if an unusual hardship ca~ be shown, and the variance from the strict
application of the Guidelines is consistent with the Housing Program intent and policy.
n order to request a Special Review, a letter must be submitted to the Aspen/Pitkir
County Housing Authority stating the request, with documentation regarding the
unusual hardship. The applicant shall submit any additional information reasonably
requested by APCHA and a Special Review meeting will be scheduled in a timely manner.
The Special F~eview Committee may grant the request, with or without conditions, if the
approval will not cause a substantial detriment to the public good and without
substantially impairing the intent and purpose of the Guidelines, and if an unusual
hardship is shown,
2001 Aspen/Pitkin County Housing Guidelines Page 31 of 62
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PART VI~
INFORMA T/ON FOR DEVELOPMENT OF
AFFORDABLE HOUSING
Private sector development is critical in order to meet our affordable housing goals. The
Housing Office Operations Manager will track affordable housing zone ~rojects through
the Planning and Building Permit process in order to aid in communication between the
developer and government. This tracking system will ensure that all affordable housing
developments are treated as expeditiously as the City and County policies intend.
Part VII of the Guidelines contains information to be used by developers of affordable
housing units in the City 'of Aspen and Pitkin County. This section applies to
development applications for free-market development, residential subdivisions, under
the Multifamily Housing Replacement Program, Chapter 26.530, of the City of Aspen
Land Use Code, and in calculating the dedication fee (payment-in-lieu fee) for exempt
single-family home and exempt duplex units, and for calculating mitigation
requirements as stipulated under the growth management quota system.
Units developed by a private developer under the Affordable Housing Zone District will
have the option to choose a qualified employee(s) for one-third of the deed-restricted
units being developed. The one-third chosen by the developer must meet the rnin mum
occupancy requirements. All other units wil be placed in the general housing lottery.
SECTION 1
PRIORITIES FOR AFFORDABLE-HOUSING UNITS
The Housing Board establishes the following equal priority unit types based on current
needs+
The oriYate sector oriorities for develooment shoutd be as follows;
i. For-sale woe units whereby the averaoe sales orice is no hiaher than CatQqory ~
ii. Fa~il~-oKiente~ sales u~its (~teooKies ~ and ~)
i, Ent~-Ievel Kent~l units ~o~sTstino of 1-~e~Koo~ ~teoodes 1 ~n~ ~
ii, FoK-sale units consisUno of ~ateooKies ~ an~ ~ 1-bedKoo~
2001 Aspen/Pi~in Coun~ Housing Guidelines Page 32 of 62
P155
iii. Fami!v-oriented sales units consistin.~ of Cateoories 3 and 4
The Housing Board has established the following options, i~ order of preference
depending on the site ocation, available to obtain credit for providing deed-restricted
affordable housing units under the City's or County's Growth Management Quota System
(mitigation units):
On-SKe Housing - Affordable housing units located either on the same site as or
attached to the proposed develc ~)ment.
2 Off-Site Housing - Affordable housing units located within the City of Aspen or
the Aspen Metro A~ea, as defined by the Aspen Area Community Plan and
approved by the APCHA.
3 Cash-i~-Lieu or Land-in-Lieu - Payment of an affordable housing dedication fee
or a donation of land. The preference of cash or [and shall be determined on a
case-by-case basis.
SECTION 2
AFFORDABLE HOUSING UNITS REQUIRED FOR MITIGATION
The following prowslons shall apply to ail affordable housing units required as
mitigation for residential or commercial develcpment. All such affordable housing units
must meet the size, type, income and occupancy requirements as contained in these
Guidelines. Applicants are encouraged to schedule a pre-application conference with
the Aspen/Pitkin County Housing Authority staff to obtain guidance regarding the
application of these Guidelines to specific development ;rojects. The following applies
to, and credit shall be given for, only Category 1,2, 3, 4 and Resident Occupied housing
as defined in these Guidelines, as amended from time to time.
]. Mitiqation Credit: Credit under the Growth Management Quota system may be
obtained by any of the following methods or combination thereof:
a. Production of new dwelling units deed restricted in perpetuity to rental and
sale price terms as defined in these guidelines.
b. Conversion of existing dwelling units to deed restricted status by
recording a deed restriction in perpetuity upon those units restricting them
to the rental and sale price terms, c~ualification and occupancy
requirements of these guidelines ,(such units may not already be deed
restricted by APCHA guidelines).
2001 Aspen/Pitkin County Housing Guidelines Page 33~ of 62
P156
c. Payment or Land-in-Lieu may be accepted on a case-by-case basis.
Payment shal be made to the City of Aspen for projects in the City, or
Pitkin County, for projects in the County. Such payment shall be made
prior to and on a proportional basis to the issuance of any building
permits for the non-deed restricted dwelling units of the proposed
development. Applicants may choose to prepay the affordable housing
dedication fee prior to issuance of any building permits for the pro_iect and
receive a discount on the fee, based on the present value index included
within these Guidelines. Approval of the present value discount shall be at
the option of the APCHA and the City Council or Board of County
Commissioners, depending on the location of the project.
d. Should a proposed development cause the displacement of housing units
that are currently deed restricted to employee housing guidelines, then
the applicant shall only receive credit for housing for the next number of
employees to be housed by the proposed development, reflecting the
number to be housed in the new units minus those housed in the
existing units, rather than for housing the gross number of employees
housed in the new units.
e. The deed restrictions created to obtain credit for affordable housing may
be amended by agreement between the property owner and the City
Council upon the recommendation of the Growth Management
Commission.
2. Unit Location: Affordable housing units must meet the "Acce prance of Affordable
Housing Units" policies set forth in the Housing Board Policy Statements.
3. Unit Size: Affordable housing units must meet the minimum size requirements
set forth in Part VII, Section 8. Reductions in the minimum square footage shall
be allowed based on the criteria specified.
4. Unit Price: Rental or sales prices shall be no greater than 'allowable under these
Guidelines (Tables III and IV) Should a unit be proposed that is larger than the
m~nimum sizes set forth in these Guidelines, the rental or sales price shall be no
greater than the prices specified.
5. Buy-Down of Existinq Units: If the affordable units are proposed to be .provided
off-site through the deed restriction of existing units, the applicant shall be
required to document the feasibility of this off-site location by demonstrating
that they have an interest in the property or dwelling units and by specifying the
size and type of units to be provided and any physical upgrade to be
accomplis bed.
2001 Asoen/Pitkin County Housing Guidelines Page 34 of 62
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Mitiqation Requirements for Lodqe Developments: Lodge developments shall not be
restricted to housing employees of their own business, but shall also be required to
house qualified employees of the community at large. It should be anticipated that the
housing units proposed will be required to be restricted to Category 2 price and
occupancy guidelines unless the housing unit is restricted to use by an owner or
manager. The category requirement is subject to review of the Aspen/Piti(in County
Housing Authority based on current community housing needs and wage rates.
SECTION 3
REQUIREMENTS FOR AFFORDABLE HOUSING UNITS
IN RESIDENTIAL SUBDIVISIONS
A. At east 60% of the bedrooms in any residential subdivision approved under the
City of Aspen's growth management regulations shall be in units restricted as
affordable housing. The average rent or sale price (~f the affordable housing units
shall not exceed the Category 2 maximum amounts set forth in these Guidelines,
and as they are amended from time to time.
B. All udits provided under this Section must meet one or more of the priorities
stated above in Section 1.
C. These requirements are not subject to any type of variance by Spec.iai Review.
D. No Resident Occupied (Re) units are permitted in the affordable housing
component.
SECTION 4
REQUIREMENTS FOR AFFORDABLE HOUSING UNITS UNDER THE
MULTI-FAMILY HOUSING REPLACEMENT PROGFLAM
A. The average price of affordable housing units required under Chapter 26.530 'of
the City of Aspen Land Use Code, Mu/tifamily Housing Replacement Program,
shall not exceed Category 2 maximum rental or sales prices as set forth in these
Guidelines, and as they are amended from time to time.
B. All units ~)rovided under 'this Section must meet one or more of the priorities
stated above in Section 1.
C. These requirements are not subject to any type of variance by Special Review.
D. No Resident Occupied (Re) units are permitted in the affordable housing
corn portent.
2001 Aseen/Pitkin. County Housing Guidelines Page 35 of 62
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SECTION 5
REQUIREMENTS FOR THE AFFORDABLE HOUSING ZONE DISTRICT
The following requirements apply to affordable housing units in any Affordable Housing
Zone District project th ~t includes free market units.
A. For affor(]able housing developments, the developer shall provide at least a 70%
affordable housing/30% free market component. Ir the affordable housing m~x,
at least 40% of the units must be category units with an average price not to
exceed the maximum price of Category 3 A mix of categories is preferred.
Thirty-percent (30%) of the affordable housing units may be classified as Resident
Occupied. However, only 30% of a project's bedrooms may be located within free
market units. Category housing and Resident Occupied units must comprise 70%
of the bedroom mix. Projects may be comprised of alt category deed restricted or
resident occupied units In the event that no free market development is
proposed as part of the project, the limitation on Resident Occupied units and
bedroom mix shall not apply.
In order to be eligible for a reduction in the requirement to the level of 60%
Affordable Housing and 40% Free Market Housing, the project sba] be required to
demonstrate to the satisfaction of the City Council that all of the following criteria
have been met:
· The quality of the proposed development substantially exceeds that established in
the minimum threshold for the scoring established in the GMQS Scoring section of
the City of Aspen Municipal Code;
· The proposal maximizes affordability, consistent with housing needs established as
priority through these Guidelines;
· The proposal integrates a mixture of economic levels and housing for a variety of
lifestyles (e.g., singles, seniors and families);
· The proposal minimizes impacts on infrastructure by incorporating innovative,
energy-sawng site design, structural design characteristics or other techniques
that minimize the use of water, heating and sewage disposal;
· The proposal incorporates or integrates with an existing local based economy (i.e.,
sustainable local businesses);
· The proposal accomplishes a level of design ano site plan ingenuity that advances
the community goals expressed in the Aspen Area Community Plan;
· The proposed project represents an exceptional commitment to advancing the
vis~ons goals and' specific actions items of the Aspen Area Community Plan,
particularly those addressed in the scoring criteria under the Growth Management
Quota System as stated in the City of Aspen Municipal Code; and
· No R.O units are inctuded in the project; only category units are included in the
project.
B. In any mixed project that contains an affordable housing and a free market
component, as a condition of condominiumization or subdivision rights, voting
rights and fees will need to be determined and agreed to by the APCHA. The
2001 Assen/Pitkin County Housing Guidelines Page 36 of 62
P159
Declaration of Covenants must require one vote per unit, and handling of the
homeowners' assoaation dues and the types of improvements the affordable
housing component will be responsible to pay. Homeowners' dues can be based
on a sliding scale based on the square footage of the unit, the number of
bedrooms, the cost of the home or one fee across the board. This will be
decided upo~ at the time of final approval for the development and incorporated
into the Declaration of Covenants _A_p_r_o.j~e(;~;.s._th~tj.n.v_o_Lv_e_.a~n_._~_fg_rd~.~._ho_u_sj_n.c]
co m Do n e_n_t;_s_h, all.
approval.
C. Ail units provided under this Section must meet one or more of the priorities
stated above in Section 1,
SECTION 6
DEDICATION FEE FOR EXEMPT SINGLE-FAMILY HOME
AND DUPLEX UNITS
See Part VII, Section 12, Affordable Housing Dedication Fee (Payment-in=Lieu Fee)
under these Guidelines.
SECTION 7
RESIDENT OCCUPIED UNITS
This category was created to offer the private sector an incentive to produce affordable
housing for the community. RO units shall be occupied by persons and families who
qualify as stated be[ow. P,O units shall also be subject to their own deed restrictions
recorded prior to the establishment of the RO Guidelines and are subject to their
individual deed restrictions. This includes, but is not limited to, Smuggler Mobile Home
Park, Aspen Village, and the AABC Rowhouses. Wi liams Ranch contains I0 "Category 5"
units, which limits gross income to $165.t 00~ and net assets to $400,000=. J
RO units shall meet the followinq criteria:
A. Gross income and net assets shall not exceed an amount that permits a
household to qualify for a $$621_.100~O,oog-purchase under the following
assumptions:
1. if all net assets to be counted as a down payment
2. if 28% of gross income's available to finance the remainder of the purchase
price at an 8% interest rate amortized over 30 years.
Initial Sales Price shall not exceed $465.800d59,999 for a three- or four- j
bedroom unit. The $465.800~,5C,999 shall include the cost of the Jot and the
construction of the unit. The developer has the option to request a Special
2001 Aspen/Pitkin County Haueing Guidelines Page 37 of 62
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Review to increase this maximum by providing documentation that a higher price
is needed to do the project or the project provides an exceptional community
benefit. An initial CO must be obtained within three years of the sale of the lot.
C. Maximum Resale Price/Appreciation The maximum resale price shall be
calculated as follows:
· The initial sale price of the RO lot or unit, plus 3% or CPI, whichever is less,
appreciation on that amount, subject to the requirements below; PLUS
· The actual cost to construct a unit or lot, plus 3% or CPI, whichever is less,
appreciation on that amount from the time of Certificate of Occupancy (CO),
subject to the requirements below; PLUS
· Any additional cost to expand the unit to the maximum 2,200 square feet,
plus 3% or CPI, whichever is less, appreciation on ti~at amount, from the time
of CO for that addition, subject to the requirements section stated below;
PLUS
· The actual cost of permitted capital improvements stated n an exhibit
attached to the deed restriction, not to exceed 10% of the initial sales price
of the completed unit, or the expanded unit.
For any existing mobile home park converted to the RO category, where the unit
owners are qualified Pitki, County residents as defined .by the Guidelines, there
will be no appreciation cap on the trailer and/or lot and the Housing Office shall
have the right of first refusal on any resale,
D. Unit Size: A maximum of 2,200 gross square feet. In addition, a maximum 500
square foot garage and a maximum 800 square foot basement are permitted. If a
larger garage or basement is constructed then all sc~uare footage over 500 or
800 square feet, respectively, will be considered as a part of the 2,200 square
feet of space allowed.
E. ' Employment Requirement: Applicants must demonstrate that they are qualified
employees and that they have four years of consecutive full-time employment, as
defined by the Guidelines, in Pitkin County immediately prior to application.
Individuals who are retired are required to demonstrate that they were qualifed
employees based upon the definition in these Guidelines for five consecutive
years immediately prior to retirement.
F. Primary Residence: A RO unit must be the owner's primary residence. Proof of
residency, including, but not limited to, voter registration, automobile
registration, shall be required.
2001 Aspen/Pitkin County Housing Guidelines Page 38 of 62
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G. Income/Earninqs: Applicants must demonstrate that their income/earnings are
earned primarily in Pitkin County (75%). Applicants must demonstrate that they
pay Colorado ncome Tax as a Colorado resident.
H. The owner cannot own any other deve]cped property i~ those portions of Eagle,
Garfield, Gunnison, or Pitkin Counties which are part of the Roaring Fork River
drainage, or must list for sale, at competitive prices, the residential real estate or
mobile home prior to or simultaneously with closing on the RO unit.
I. Sales and ~4arketinq: The APCHA shall market all ~,O units the same as the
category units, unless specifically specified in the ~espective deed restriction. See
Part V, Section 6.
SECTION 8
NET MINIMUM 'LIVABLE SQUARE FOOTAGE FOR
NEWLY DEED RESTRICTED AFFORDABLE HOUSING UNITS
Table II sets forth the allowable Minimum Net Livable Square Feet (see Definitions) for
each unit type and category. Developers may choose to construct larger units; however,
allowable rent and sale prices for such larger units may not exceed the maximum set
forth in Tables III and IV.
PLEASE NOTE: Subject to approval by the Housing Office, the minimum net #vab/e
square foot requirements may be reduced. It must be demonstrated, that the
development satisfies, or is required to adjust to other physical factors or
considerations including, but not limited to, design for fivabi/ity, common storage,
other amenities, location or site designs.
TABLE II
MINIMUM NET I:IVABLE SQUARE FEET
FOR EACH UNIT TYPE AND INCOME CATEGORY
Cateqories I & 2 Cateqodes 3 & 4
Unit Type Square Feet Square Feet
Studio 400 500
I Bedroom 600 700
2 Bedroom 850 950
3 Bed room ] ,000 1,200
Single-Family Detached 1,100 1,400
Net Livable Square Footage (see Definitions) calculations are required for the affordable
housing component of a project. The Community Development Department_ prior to
issuance of any building permits for either the free market or affordable housing
component of the project must verify square footage. The Community Development
2001 Aspen/Pitkin County Housing Guidelines Page 39 of 62
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Department shall retain a set of approved building permit drawings for the project. The
Community Development Department or Housing Office may check the actual
construction of the affordable housing units for compliance with the approved building
permit plans.
The conditions under which reductions may be made are stated below. However, no
reduction greater than 20% of the category minimum will be allowed.
· Significant storage - additional storage outside the unit;
· Above average natural light- more windows than the Code requires;
· Efficient and flexible layout - limit to space used for halls and staircases;
· Site amenities - pool, near to park or open space, etc.;
· Location within the project- above ground versus ground level or below ground;
· If the applicant can achieve higher density of deed restricted units with this
variance.
Square footage adjustments will be sub. ect to APCHA approval. A written analysis and
recommendation will be completed during the Development Review Committee referral.
Staff comments will be used i~ developing the project's approval ordinance. Applicants
will be allowed to appeal decisions to the Housing Board, followed by City Council or the
BOCC,
SECTION 9
MAXIIVlUM SALES PRICES FOR NEWLY DEED RESTRICTED
AFFORDABLE LOTS AND .HOUSING UNITS
Table Ill sets forth the maximum sales price for newly deed restricted affordable housing
units and affordable lots to the initial purchaser. The maximum resale price of a unit
shall be controlled by the Deed Restriction covering the unit executed by the initiat
purchaser upon closing of the initial purchase.
TABLE III - MAXIMUM UNrY SALES PRICES
Unit Type Cateq0ry 1 Category 2 Cateqory 3 Cateqory 4
Studio $31.40030,300 $71,200~£,£0g $118,000!~.A,,Ogg $199.900!93,!00
1 Bedroom $39_.3003£,099 $84.600..~;,70g $]35,80_0_] 25,999 $.2.22:000293,999
2 Bedroom SAZ~3_0_Q~,5,TOO SL0_4_,ZQ~Qg-3~ $_L6D.~5_0_Q] 37,700 $_Z_4.f~_8_Q~2~, :,,,ZOO
3 Bedroom $5_4_2k0.~252,909 $32_8_~6_0_Q~,gd,399 $i_85.~2_0_0_149,0095~73_,i0Q223,500
SF Detached$67.0005~,,TO9 $15~] 29,700 $209.900~, E~,,~,905296.200235,300
SF Lot ($73~40_070,990)($.2~2:40_02 ] ,G00) $ I $30:500-2-~
2001 Aspen/PiPkin County Housing Guidelines Page 40 of 62
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NOTES:
1. SingleLfamily lots shall be developed with homes of three bedrooms or larger and
shall be prioritized for lottery as set forth in Part II, Section 5 herein.
2. Category 2 single-family lots will require a $21,200 subsidy payment by the
developer in addition to the conveyance of the lot. Category 1 single-family lots
will require a $69,700 subsidy payment by the developer in addition to the
conveyance of the lot. Lot prices include the cost of access and utilities for the lot
as set forth in Part III, Section 6 herein.
3. Sale units will be offered for sale through the Housing Office to all qualified persons
under the procedures established by the Guidelines.
4. Persons employed by an owner/operator shall be given first priority to purchase
affordable housing units associated with a lodge, agricultural operation, or
commercial development, when ownership has been retained by the owner/
operator of the development.. Employees must meet the Housing Office's
Guidelines for occupancy, income and assets criteria in order to qualify to occupy
the unit(s). In the event there are no persons directly employed by the owner who
qualify, the unit shall then be offered to other qualified persons according to the
Guidelines. (Affordable Housing [AH] Zone development ~s exempt from this
section.) All resales will go into the general lottery and be sold by the APCHA ;er
the deed restriction.
5. Newly deed restricted affordable housing sales units mu'st be in marketable
condition. Properties must comply with the Uniform Building Code and all rules
regulations, and codes of all governmental utilities and agencies having jurisdiction.
Prior to sale, the unit must be inspected and approved by a certified building
inspector, architect or engineer approved by the APCHA. Cost of such inspections
shall be the responsibility of the applicant. The APCHA must approve the results of
the inspection.
SECTION ] O
MAXIMUM MONTHLY RENTAL RATES FOR NEWLY DEED RESTRICTED
AFFORDABLE HOUSING UNITS
Table IV sets forth the maximum monthly rental rates for newly deed restricted
affordable housing units. The rental rates apply and shall be in effect for a twelve (12)
month period from the commencement date of the initial lease. Thereafter, the
maximum monthly rental rate may be increased only to the extent that the Guidelines
then in effect permit.
2001 Aspen/Pilkin County Housing Guidelines Page 41 of 62
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TABLE IV
MAXIMUM MONTHLY RENT
Unit Type Cateqory 1 Cateqory 2 Cateqory 3 Category 4 RQ_
Studio $3778,64 $668545 $ 998964 $1,5701,517~
1 Bedroom 463447 785758 l_~114,,v,v 1.699!,5qI~
2 Bedroom .55~.Q53 ]
............. ].,_8__~. ,.
3 Bedroom
SFDetached 726701 ],137!,095 1,4651,415 1.9921,g~4- 1.99:2
NOTES:
I. Units constructed prior to the effective date of these Guidelines shall charge rents
that do not exceed those set forth in Part VIII, Table VII.
2. Rental rates shall apply whether the units are provided furnished or unfurnished.
3. Rental rates in Table IV include, and may not be increased to pay for, the cost of
utilities in common areas, condominium dues, management costs and taxes. In the
event that utilities are commonly metered, a charge to the tenant may be made in
addition to the maximum rents in Table IV for the tenant's share of such utilities
attributable to the tenant's net living area. Tenants shall be responsible for
individually metered utilities.
4. Prior to occupancy of a deed restricted rental unit, the Housing Office must qualify
the tenant. All verification required under these Guidelines must be provided. The
tenant must provide the owner/landlord with proof of verification and qualification
by the Housing Office prior to occupancy. The owner shall be required to provide a
copy of the lease agreement to the Housing Office for approval. The Housing Office
will approve or deny the agreement within five working days. Leases shall meet
occupancy standards and allowable rental ra[es, and shall be for a minimum term
of six consecutive months. Tenant shall provide an executed copy of the lease to
the Housing Office prior to occupancy.
5. Persons employed by an owner/operator shal be given first priority to rent
affordable housing units associated with a lodge, agricultural operation, or
commercial development, when ownersh p has been retained by the
owner/operator of the development. Employees must meet the Housing Office's
Guidelines for occupancy, income and assets criteria in order to qualify to occupy
the unit(s). In the event there are no persons directly employed by the owner who
qualify, the unit shall then be offered to other qualified persons according to the
Guidelines. (Affordable Housing [AH] Zone development is exempt from this
section .)
2001 ,~pen/Pitkin County Housing Guidelines Page 42 of 62
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6. All newly deed restricted affordable housing rental units must comply with the
Uniform Building Code and with all rules, regulations and codes of al governmental
bodies and agencies having jurisdiction. The owner of affordable housing rental
units, at its cost and expense, must keep and maintain the interior and exterior of
the total structure (including al residential units therein) and the adjacent open
areas in a safe and clean condition and n a state, of good order and repair,
reasonable wear and tear and negligent or intentional damage by tenants excepted.
SECTION 11
REQUIREMENTS FOR DORMITORY/LODGE
(Seasonal Units)
Pursuant to the applicable City or County Land Use Codes an applicant for a
development may, under certain conditions and subject to certain requirements, satisfy
the affordable-housing requirements by provision of dormitory/lodge units designed for
occupancy by seasonal employees. Acceptance of such dormitory/lodge units shall be
at the sole discretion of the respective governing body at the recommendation of the
Housing Office. The dormitory/lodge units must satisfy all requirements of the
applicable Guidelines and shall be required to meet the following minimum standards:
A. Occupancy of a dormitory unit shall be limited to no more than eight persons.
B. There shalt be 150 or greater ne~ livable square feet of living area per person,
including sleeping and bathroom. For purposes of this rea~irement, Net Livable
square footage shall not include interior or exterior hallways, parking, patios,
decks, cooking, lounge used in common, laund~ rooms,' mechanical areas, and
storage. Rents for dormitory/lodge units and units developed for seasonal
occupancy only pursuant tQ a plan approved by the Housing Office shall be
calculated on the net livable square footage as described above and computed at
the rates set forth on a case-by-case basis.
C. Notes 3, 4, 5 and 6 under Table IV, Part Vii, Section 10, apply to Dormitory/Lodge
units.
D. 'At least one bathroom shall be provided for shared use by no more than four
persons, containing au least one water closet, one lavatory, one bathtub with a
shower, and a total area of at least 60 net livable square feet.
E. A I<itchen facility or access to a common kitchen or common eating facility shall be
provided subject to the Housing Office's approval and determination that the
facilities are adequate in size to service the number of persons using the facility.
F. Use of 20 net leasable square feet per person of enclosed storage area located
within, or adjacent to, the unit.
2001 Aspen/Pitkin County Housing Guidelines Page 43 of 62
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G. A manager's or assistant manager's rent shatl be calculated based on the income
category of the resc~ective manager.
H. Rents for dormitory units will be set by Special Review on a case-by-base basis,
g ven the unique and varying characteristics of dormitory units, with affordability as
the key issue.
SECTION 1 2
AFFORDABLE HOUSING DEDICATION FEE
(Payment- n-L eu Fee)
Payment-In-Lieu Schedule
A. Pursuant to the applicable City or County Land Use Codes an applicant for a
development may, under certain conditions and subject to certain requirements,
satisfy the affordable housing requirement by payment of an affordable housing
dedication fee (payment-in-lieu fee). The number of employees (affordable
housing residents) required to be housed is determined by the Employee
Generation schedules contained in the applicable City and County Codes, or
included herein. The time of payment of the fee is prior to the issuance of a
building permit. Acceptance of the payment-in-lieu fee shall be at the sole
discretion of the respective governing body at the recommendation of the
Housing Office.
B. All County fees shall be paid to the Pitkin County Finarice Director and- all City
fees shall be paid to the City Finance Director. A receipt shall be issued by the
Finance Directors to the applicant for submission to the Community Development
Director as verification of payment, with a copy of the receipt supplied by the
developer to the APCHA prior to issuance of a building permit.
C pyt ..... * ;.~ I ;~,, ~' ..... I~, -I-~,~ ~.~.~,.1~ ~..~ ...... .~ ;,~ I~.,, .I~II .... ~..
ru ....... for each; .... +';-~'~ ~'~'"' ·
2001 Aspen/Pitkin County Housing Guidelines Page 44 of 62
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f~e~edict
c*,~ ~ Sn'¢der
.Ju:n .... e, Commons
Year 1 ~-Sold 1995 1995 2090
Number ~'~;** 27
c ........ 6 15
Nu .................. l 7 27
L;nd Cost $575,999 SI ,109,OOO
i .... ~ ~],5] 9,37] ~4,397,27S
Tot ...... $5,] ~
o ......... ~ ~ ~n $2,472,500
Subsidy ~ ~ ~ ~ ~ ~
Sub~l~ ............ 1~5 ~0~ cnn
The number of employees generated wil be dictated by the applicable Ci~
and County codes or herein. The Ci~ and County Codes will prevail in any
conflict be~een the Guidelines and the Codes._~he E~lo_vee Generate9
Corn ....... al Co~c ~ ;nd 3.50~o = ~= ....
Commercial (C 1) ~. (n~), ~'~ on
Office (O) 3.00 ~ ....
.... .,o~, ,,~ sq. ft.
C, payment-In-Lieu Fee.'
C~tcaot'v 1 $225. 493
~ateqo~ ~ ~188.664
..,., Cateoo~ 4 $111,124
2001 AspentPitkin County Housing Guidelines Page 45 of 62
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The Fee reauir~d For ~he constroction oF an exempt sinqle-£am#v home or
_d~ole~ uni? shall be calculated os
Averaae oF the Cateaorv 2 aod Cateaorv $ navment-in-//eu Eee
a'tated /n the Table above_ d/vided by 3. 000 stluare Eeet 9( the
/ncrease /n FAg oE the new struc~are w/// eaua/ the gaYment-in-/ieu
t~avment £or ren/acement stroctures. The £ormu/a assumes that Ear
everv 3.000 sauace £eet oE new sino/e-Eam//v or' dun/ex E/oar area,
the oub/ic w/// be reau/red to orov£de hou$ino Eot* one moderate/ncom~
emn/ovee. CurrenHv. that amount /s ~278.0J3 + J88.664 .--' ~
3.000 = $6J.22 nee snua~ Eoot oE new #CUcture.
DE. Deferral of the Affordable Housinq Impact Fee: If the owner of a single-family or
duplex unit for which an affordable housing impact fee is due is a qualified
working resident, as that term is defined in the Guidelines, the obligation to pay
the mpact fee may be deferred, at the owner's request, until such time as the
dwelling unit is sold to a buyer who is not a qualified working resident.
Furthermore, the amount of the impact fee which was deferred shall be
recalc~Jlated at the time of sale based on the Guidelines i~ effect at the time of
sale. The obligation for the fee and the procedures for calculating the fee shall be
set forth in a written document, signed by the owner or owners of the subject
dwelling unit, approved by an APCHA representative and the Community
Development Department Director, and recorded in the records of the Pitkin
County Clerk and Recorder prior to the issuance of a Ce~[ficate of Occupancy.
For the purposes of calculating payment-in-lieu fee, the following occupancy
standards shall apply:
TABLE V
OCCUPANCY STANDARDS BY UNIT TYPE
UNIT TYPE OCCUPANCY
Dormitory/Lodge 1.00 employee/150 sq. ft.
Studio 1.25 employees
One Bedroom 1.75 employees
Two Bedrooms 2.25 employees
Three Bedrooms 3.00 employees
For each bedroom in excess of three, the occupancy standard increases by
employees.
unit sh~l! bc '~"~ ~ ~' ......
2001 Asoen/Pitkin County Housing Guidelines Page 46 of 62
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...... ~ ~,";~ .... ~.,,..; ...... , .......
~ nnn: 3,OOO
SECTION 1 3
CONVEYANCE OF VACANT LOTS
Pursuant to the applicable City or County Land Use Codes an applicant for a
development, under certain conditions and subject to certain requirements may satisfy
the affordable housing requirement by the conveyance of vacant lots. Acceptance of the
lots shall be at the sole discretion of the respective governing body upon
recommendation of the Housing Office.
A. Al lots must be fully developed and ready for construction, he., improved lots
with Water or well, sewer or septic, roads, and telephone, electricity and gas (if
available) in place to the property ine. A soils report, prepared by a qualified
engineer and based upon test holes within the building envelope of each lot,
stipulating that. the lot is suitable for construction of the intended dwelling type
without requiring unusual excavation, foundation work or accommodation of
other unusual conditions shal accompany the conveyance.
B. All lots shall be conveyed to the Housing Office concurrent with recordation of
final plat for the project.
C. At the time of conveyance, the developer shall establish an escrow account in an
amount sufficient to cover 125% of the estimated costs required to complete the
improvement of the lots in accordance with Item A above. Improvements as
noted in Item A above, shall be completed within one year from the date of
conveyance of the property to the Housing Office.
D. The Subdivision Improvements Agreement and the Protective Covenants shall
incorporate the conditions stated in A, .B and C, directly above this paragraph.
2001 Aspen/Pitkin County Housing Guidelines Page 47 of 62
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SECTION 1 4
DEED RESTRICTING EXISTING DWELLING UNITS
A. Pursuant to the applicable City or County Land Use Codes, an applicant for a
developmenT, under certain conditions and subject to certain requirements, may
satisfy the affordable housing requirement by deed restricting existing
unrestricted housing to comply with the Guidelines. Acceptance of existing units
shall be st the sole discretion of the respective governing body upon
recommendation of the APCHA.
B. If acce ~ted by the City or County, existing units must be upgraded in accordance
with the following criteria, (unless a variance from these requirements is
approved by the appli'cable govermng body upon the recommendation of the
APCHA):
1. The interior wails of all units must be freshly painted.
2. The interior Appliances must be purchased within the last five years and be
in good and working condition.
3. Carpet must be less than five year old and be in good condition and re pair,
or be replaced.
4. The exterior wails shall be freshly painted withi, one year of dedication.
5. A general level of upgrade to yards and landscaping shal be provided.
6. Windows, heating, plumbing, electrical systems, fixtures and equipment
shal be n good and working order.
7. The roof must have a remaining useful life of at least ten (10) years.
8. All units shall meet Uniform Building Code minimum standards any
applicable housing code or, in the absence of an adequate code, the
housing code acceptable to the APCHA.
9. All units shall be approved by the APCHA and verified by a qualified
Building .Inspector accepted and approved by the APCHA.
10. Applicant shall bear the costs and expenses of any required upgrades to
meet the above standards as well as any structural/engineering reports
required by the APCHA to assess the suitability for occupancy and
compliance with the APCHA standards of the proposed units.
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SECTION 1 S
EXECUTION OF DEED RESTRICTIONS BY APPLICANTS
Deed Restrictions must be submitted by the applicant to the APCHA according to the
following time schedule:
A. Conditional Use Applications - Prior to issuance of any building permit for a
project, the APCHA shall have an approved, executed and recorded Deed Restriction
for the required commitment by the applicant.
B. Growth Manaqement Plan Applications - Prior to issuance of any building permit
for a project, the APCHA shall have an approved, executed and recorded Deed
Restriction for the required commitment by the applicant. A copy of the recorded
Land Use Code and Resolution and Deed Restriction shall be sent to the APCHA.
Prior to issuance of any Certificate of Occupancy, the Deed Restriction shall be
amended, if necessary. The amendment shall reflect changes approved by the
APCHA and governing bodies that may have occurred during construction or
conversion of the unit(s), (i.e., net livable square footage). The amendment will
then be executed and recorded, with the original returned to the APCHA.
C. Others - Prior to issuance of any building permit for a project, the APCHA shall
have an approved, executed and recorded Deed Restriction for the required
commitment by the applicant. A copy of the recorded Land Use Code Resolution
and Deed Restriction shall be sent to the APCHA. Prior to issuance of any
Certificate of Occupancy, the Deed Restriction shall be amended, if necessary. The
amendment shall reflect changes approved by the Housing Office that may have
occurred during construction or conversion of the unit(s) (i.e,, net livable square
footage). The amendment will then be executed and recorded, with the original
returned to the APCHA for their files.
SECTION 1 6
MAXIMUM VACANCY
Deed restricted rental units are required to be occupied. They may be vacant between
tenancies for a maximum period of forty-five (45) days, un]ess authorized by the
APCHA. if the owner exceeds the forty-five day limit without APCHA approval, then the
APCHA will place a qualified employee from existing wait lists with a minimum s~x (6)
month lease.
2001 Aseen/Pitkin County Housing Guidelines Page 49 of 62
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PART VIII
MAX/MUM ANNUAL RENT INCREASE FOR
EX/ST/NC DEED RESTRICTED RENTAL UN/TS
The maximum monthly rent for an existing affordable housing unit is .calculated using
the maximum monthly rent permitted under the Guidelines in effect at the time the unit
was first occupied. The renu is ncreased each year by the maximum percentage
permitted by the Guidelines.
Maximum rent increases allowed for existing units are as follows:
TABLE VII
PERMI'I-I'ED INCREASE IN MAXIMUM RENT
FOR EXISTING AFFORDABLE HOUSING UNITS
Year Increase Year Increase Year ncrease
] 978-] 982 0.0% 1990 3.0% 1996 .99%
]983 6.6% 1991 0.0% 1997 ].31%
] 984 5.0% 1992 2.0% ] 998 .73%
] 985 3.3% 1993 1.2% 1999 .54%
1986-1988 0.0% ! 994 ] .0% 2000 ! .08%
1989 4.7% 1995 1.1 % 2001 1,40%
The proposed 1.498% increase ~s based on the percentage change in the Consumer Price
Index (Urban Wage Earners), November 199_9.~, - November 2000~,999. The index
increased at the rate of 3,52.7% during th~s period. Operating costs for rental housing,
which are subject to the CPI increase, are assumed to be 40% of rental income. The
proposed rental increase of 1._~1L~% is 40% of the CPI increase, which is sufficient to
cover any increase in operating costs.
Please contact the APCHA for the actual maximum rental rates available and the APCHA
will assist any applicant in determining their maximum permitted rent.
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PART IX.
GRIEVANCE PROCEDURES
A grievance is any dispute that a tenant or purchaser (see Definitions) may have with the
Housing Office with respect to action or failure to act ~n accordance with the individual
tenant's or purchaser's rights, duties, welfare or status. A grievance may be presented
to the Housing Office Board of Directors under the following procedures.
· FILING A GRIEVANCE II. CONDUCT OF THE HEARING
A. Any grievance must be A. If the complainant fails to
presented in writing to the Housing appear at the scheduled hearing, the
Office. It may be simply stated, but shall Board may make a determination to
specify: 1) the particular ground(s) upon postpone the hearing or_ make a
which it is based; 2) the action determination based upon. the written
requested; and 3) the name, address, documentation and the evidence
telephone number of the complainant submitted.
and similar inf(~rmation about his/her
representativ, e, if any. B. The hearing shall be conducted
by the Board as follows: Oral or
B. Upon presentation of a written documentary evidence may be received
grievance, a hearing before the Housing without strict compliance with the rules
Office Board of Directors shall be of evidence applicable to judicial
scheduled for the next scheduled Board proceedings.
meeting. The matter may be continued
at the discretion of the 8oard. The -C. The rigl~t to cross-examine
complainant shall be afforded a fair shall b.e at the discretion of the Board
hearing providing the basic safeguard of and may be regulated by the Board as it
due process, including notice and an deems necessary f or a fair hearing.
opportunity to be heard in a timely,
reasonable manner. D. Based on the records of
proceedings, the Board will provide a
C. The complainant and the written decision and include therein the
Housing Office shall have the reasons for its determination. The
opportunity to examine and, before the decision of the Board shall be binding on
hearing at the expense of the the Housing Office which shall take all
complainant, to copy all documents, actions necessary to carry out the
records and regulations Of the Housing decision.
Office that are relevant to the hearing.
Any document not made available after
written request may not be relied upon
at the hearing.
D. The complainant has the right
to be represented by counsel.
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PAR T X
DEFINITION5
Accessory Dwellinq Unit - The unit must Capital improvements Unless
be a totally private unit, with a private otherwise defined in the Deed
entrance, a full bath and a kitchen as Restriction covering the affordable
defined in these Guidelines. Also see housing unit, any fixture erected as a
Aspen Land Use Code, Chapter 26.520. permanent improvement to real property
excluding repair, replacement, and
Affordable Housinq Dwelling units maintenance costs.
restricted to the housing size and type
for individuals meeting asset, income Caretaker Dwell/hq Units The unit
and minimum occupancy guidelines must be a totally private unit, with a
approved by the Aspen City Council, private entrance, a full bath and a
Board of County Commissioners and/or kitchen as defined in these Guidelines.
the Housing Office, whichever shall Also see the County Land Use Code,
apply. Section 3-150-I 30.
Affordable Housinq Zone District - See Cateqory - Income limits, sales prices
As pen Land Use Code, Chapter 26.710. or maximum rental rates as determined
; by the APCHA according to household
Aspen/Pitkin County Housinq Authority income and net assets.
- APCHA and/or Housing Office.
Consumer Price Index (CPO The
Assets Anything owned by an Consumer Price index that ~s used for
individual which has commercial or purposes of the Guidelines and for
exchange value. Assets consist of purposes of the Deed Restriction is the
specific property or claims against Consumer Price Index U.S. City
others, in contrast to obligations due Average and Regions, Urban Wage
others. See also definition for Gross Earners and C/er/ca/ Workers (CPI-W),
Assets and Net Assets. AIl Items. Updated information is
received on a monthly basis from the
Basement - As defined by the applicable U.S. Department of Labor, Bureau of
City or County Land Use Code. Labor Statistics.
Bedroom - Designed to be used for Co-signer A joint signatory of a
sleeping purposes which may contain promissory note who shall not occupy
closets may have access to a bathroom the unit unless qualified by the APCHA.
and which meets applicable City or
County Uniform Building Code Deed Restriction - A contract entered
requirements for light, ventilation, into between the APCHA and the owner
sanitation and egress, or purchaser of real property identifying
the conditions of occupancy and resale.
Buyaown Unit - Free-market which the
government (Aspen, Pitkin County,
Housing Office) acquired and deed
restricted to affordable housing.
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Dependent - A minor child (!8 years or Police Officers, Hospital Emergency
younger) or other relative of the renter Room Technicians, Social Service
or owner of an affordable housing unit, Workers (mental health and abuse case
which child or relative is taken and listed workers), Ambulance Drivers, Emergency
as a dependent for federal income tax Medical Technicians, Communications
purposes by such renter or owner or his Dispatchers through the Sheriff's Office
or her present or former spouse (said or Police Department, etc. Emergency
dependent must also be related by blood Service Department Head approval is
or adoption and residing with the required, whereby the s,~pervisor must
individual at least ! 80 out of every 12- demonstrate the need of that agency to
month period of time). In the case of house another Emergency Worker in the
divorced families with children, to obtain Aspen area by requesting a formal
a bedroom, each child shall be used approval with the Public Safety Council
once for provinq minimum occuoancv. Housing Subcommittee (see Section 7,
Should both oarents enter the same Rental Waitlist).
lottery, the too winner only shall be
allowed to ourchase the unit: the other Employee/Qualified Resident/Buyer - A
oarent shall be able to use the children person who is employed on the basis of
to obtain one additional bedroom only. a minimum of 1,500 hours worked per
The parent may reouest a Soecial Review calendar year in Pitkin County, which
to ourchase a unit that has more than averages 35 hours a week, 10 months a
two bedrooms, year; or 32 hours a week, 11 months a
year, physically working in Pitkin County
Disabled Person - A person who meets and must reside i~ the unit a minimum
the definition of "individual with a of nine (9) months out of the year. If
disability" contained in 29 U.S.C. Section self-employed, the worker must provide
706(8), and/or as defined in the verification of the work done in Pitkin
Americans with Disabilities Act of 1990; County.
and/or a person who has a "handicap,"
as defined in C.F~.S. 24-34-301(4), the Employer - A business whose business
Colorado Anti-discrimination Act. address is located within Aspen or Pitkin
County, whose business employs
Dormitory A structure or portion employees (as defined herein) within
thereof under single management that Pitkin County, and whose business taxes
provides group sleeping accommo- are paid in Aspen or Pitkin County. If an
dations for occupants in one (1) or more employer is not physically based i~
rooms for compensation. Standards for Pitkin County, an employee must be able
use, occupancy, and design of such to verify that they work in Pitkin County
facilities shall be approved by the a minimum of 1500 hours per calendar
APCHA. See Part II] Sec. 4. year.
Emergency Worker - An employee or Employee (Non-Profit) - A person who
volunteer (on call 24 hours/day, 7 days a works/performs for a non-profit orgam-
week for human, life threatening zation. Employees include artists,
emergencies) of a community based performers, musicians, organizers,
organization that provides on-scene bookkeepers, etc., but excluding
assistance giving personal care to construction workers. Non-profit
victims, including, but not limited to organizations include any certified non-
the following: Fire Department Workers, profit organization providing services to
Mountain Rescue, Sheriff's Deputies, and located in Pitkin County.
2001 Aspen/Pitkin County Housing Guidelines Page 53 of 62
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Gross Assets Anything which has
Employee Dwellinq Unit - This ~s a deed tangible or intangible vah~e, including
restricted unit that s required to be property of all kinds, both real and
rented out. Also see the Pitkin County personal; includes among other things,
Land Use Code, Section 3-150-120. patents and causes of action which
belong to any person, as well as any
Employee Housinq - See definition for stock in a corporation and any interest
Affordable Housing. in the estate of a decedent; also, the
entire property of a person, association,
Family -For ourooses of transferrina corporation, or estate that is applicable
oroDertv only. a family (or immediate or subject to the payment of debts.
family) is defined as husband, wife. Gross assets shall include funds or
mother, father, brother, sister, son. property held in a living trust or any
dauahter, either bioloaicallv'or by ieCLa] similar entity or interest, where the
adootion. Any transfer to a family person has management right~ or the
member must fall under this definition, ability to apply the assets to the
payment of debts. ~ ...... ~ ....... ~ ~,.
Family-Oriented Unit - A dwelling unit
~pe .... P~ross assets shal not
attached or detache~, 3 bedrooms or include, pension, plans, blind *
.... t~, or
more, with direct ground floor access.to ~ .... *'*~ or ~* .... *~ in · '~
a use e yar area. ~ .... , .............~ ..........
b~/ ~ ...... ~ .... *' *~ the
Fannie Mae (FNMA) Federal National ~--cf
Mo~gage Association, a quasi- *~* * ....~ ..... ~ ~* ....
governmental agency that purchases am dadvadtharafmm.
moagage loans in the seconda~ loan
market. Gross Income - The total income to
include alimony and child suppox
Fee Simple Estate The maximum deriged from a business, trust,
possible estate that one can possess in employment and from income-
real prope~; complete and absolute producing property, before deductions
ownership of indefinite duration, freely for expenses, depreciation, taxes, and
transferable, and inheritable, similar allowances.
Financial Statement A statement Household - All individuals who will be
detailing all personal assets, liabilities, occupying the unit regardless of legal
and net woah (the difference be~een status.
assets and liabilities) as of a specific
date. Household Net Assets - Combined net
assets of all individuals who will be
Fixture - 1) A tangible thing which occupying the unit regardless of legal
previously was personal prope~ and status.
Which has been attached to or installed
on land or a structure thereon in such a Household ncome - Combined gross
way as to become a pea of the 'real income of all individuals who will be
propeay; 2) Any non-potable lighting occupying the unit regardless of legal
device built in or attached securely to status. Adjustments to the gross for
the structure; 3)The permanent pa~s of business expenses ca~ be made for
a plumbing system and fixtures, persons who are self-em ployed.
2001 Aspen/Pitkln Coun~ Housing Guidelines Page 54 of 62
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In-Complex (In House) ~3id - Priority bid Mortqaqor - A borrower in .a mortgage
granted to person(s) having lived in their loan transaction.
unit in a given complex for a minimum
of one year. If a new project is built in Net Assets Gross assets minus
phases, the in-complex priority does not liabilities. ~,etirement accounts will be
go into effect until all affordable housing reviewed on a case-by-case basis to
phasing of the project is completed, determine whether or not they shall be
included as a net asset.
Joint Tenancy- Ownership of reat estate
between two or more parties who have Net Livable Square Footage - Is
been named n one conveyance as joint calculated on interior living area and is
tenants. Upon the death of one tenant, measured inter,or wall to interior wall,
surviving joint tenant(s) have the right of including all interior partitions. Also
survivorship, included but not limited to, habitable
basements and interior storage areas,
Kitchen - For Accessory Dwelling Units closets and laundry area. Exclusions
and Caretaker Dwelling Units a include, but are qot limited to,
minimum of a two-burner stove with uninhabitable basements, mechanical
oven, standard sink, and a minimum 6- areas, exterior storage, stairwells,
cubic foot refrigerator plus freezer, garages (either attached or detached),
patios, decks and porches.
Leasehold Interest A less than fee
simple estate that a tenant possesses in On-Site / Off-Site - Location of deed
real property, restricted property used for mitigation
purposes: either next to or attached to
Lottery - A drawing to select a winner the development (on-site) or at a
from equal applicants of highest priority, separate location approved by the
Housing Office (off-site).
Maximum E~id Price - Unless otherwise
defined in the Deed Restriction covering Prequalification - A borrower's tentative
the unit, the owner's purchase price mortgage approvalfrom a lender.
multiplied by the appreciation (as
permitted by the Deed Restriction) plus Present Value For the purposes of
the present value of capital improvement these Guidelines and any Deed
costs including labor, if professionally Restrictions containing such terms the
provided, and for which verification of present value shall be the cost or price
the expenditure is provided, of any capital improvements as
established at the time of such
Minimum Occupancy -One person (with improvement and shall be neither
a leasehold/ownership interest) per appreciated nor depreciated from such
bedroom. A minor child or dependent time.
shall be granted equal status as a person
with leasehold/ownership interest. In a
two adult household, both adults must
be workinq in Pitkin County in order to
aualifv for an additional bedroom.
Mortqaqee - A lender in a mortgage
loan transaction.
2001 Aspen/Pitkin Coun~ Housing Guidelines Page 55 of 62
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Primary Residence The sole and Seasonal Employee - A person working
exclusive place of residence. The owner not less than 35 hours per week during
or renter shal be deemed to have the Winter Season (generally November
ceased to use the unit as his/her sole through April) and/or Summer Season
and exclusive place of residence by (generallyJune through August).
accepting ~)ermanent employment
outside of Pitkin county, or residing in Special Review Committee - A Special
the unit fewer than nine (9) months out Review Committee, as established from
of any twelve (12)months. time to time by the Housing Office, is
comoosed of three or more persons --
Purchaser - A person who is buying or one person from City staff, one person
has purchased a deed restricted unit from County staff, and a Housing Board
which is subject to these Guidelines, and member. The Committee shall have the
any qualifying potential purchaser or authority to review special circumstances
past owner of any such deed restricted with respect to matters specifically
unit, but only with respect to any issue designated in the Guidelines that are
artsmg under these Guidelines. eligible for special rewew, including, but
not necessarily limited to, the priority
Qualified Resident - Person(s) meeting system; financial and asset limitations;
the income, asset, employment, and verifications and qualifications; self-
residency requirements and property employment financial considerations;
ownership li,mitations, including retired occupancy; admission; etc.
and disabled' persons, or dependent(s) of
any of these (as such terms are defined Storaqe Space - Space intended an~
herein) established by the APCHA. commonly utilized as location for
preservation or later use or disposal of
Requalification - Requirements which items.
renters/tenants of affordable housing
must meet bi-annually to ensure Tenancy In Common - Co-ownership i~
continued eligibility, which individual holds an undivided
interest in real property as if he were
Resale Aqreement - A contract entered sole owner.
into between the Housing Office and the
owner or purchaser of real property Tenant- A person who is leasing or has
identifying the conditions of occupancy leased a deed restricted unit which ~s
and resale (also commonly referred to as subject to these Guidelines, and any
a Deed Restriction). qualifying potential lessee or past lessee
of any such deed restricted unit, but
Retirement Aqe - Should an owner or only with respect to any issue arising
tenant of a deed-restricted unit retire under these Guidelines.
before the age of 65, that individual
must sell the ownership or move from
the deed restricted rental unit. Such
individual may go through Special'
Review to ask for a waiver to maintain
ownership/occupancy of his/her unit.
2001 Aspen/Pitkin County Housing Guidelines Page 56 of 62
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APPENDIX A
MAX/MUM INCOMES BY CA TECORY
(as of October 200 I)
Maximum rental incomes are different than maximum sales incomes. Due to the nature
of the working adult in Pitkin County and the wages that are required to maintain a
consistent employee base, the APCHA and Housing Board have recognized the need for
a higher allowable income adjusted by the number of adults and the bedroom mix.
Maximum sales incomes are not attributed to the number of bedrooms, but will remain
the same per household, with an ac~justment to dependents only.
If net assets exceed the Category 4 net asset limit for any household with a Category l,
2 or 3 income, the following method can be used to calculate income: Each $45,000 of
excess assets over $225,000 (the Category 4 asset limit) will be converted to $4,152 of
income and added to the Gross Household Income. This is the amount necessary to
purchase $346 per month of mortgage at an 8.5% interest rate over 30 years. Although
this adjustment does not place a max'imum cap on net assets, it creates greater equity
between income categories by causing assets to count more towards income.
MAXIMUM GROSS INCOMES FOR RENTAL UNITS ONLY
No. Of Adults Category 1 Catego~ 2 Category 3 Category 4
One Adult $26 400 $41 ~900 $68,100 $109,700
Two Adults 39,600 62,900 102,100 164,600
Three Adults 46,200 73,400 1 ~ 9,100 192,000
Net Assets not in Excess of 1S0,000 ] 75,000 200 000 225,000
MAXIMUM GROSS iNCOMES FOR SALES/OWNERSHIP UNITS ONLY
No. of Dependents Category ~ Category 2 Category 3 Category 4
0 Dependents $26,400 $41,900 $68,100 $109,700
1 Dependent 33,900 49,400 75,600 11 7,200
2 Dependents 41,400 56,900 83,100 124,700
3 or More Dependents 48,900 64,400 90,600 132,200
Net Assets Not in Excess of 150,000 175 000 200,000 225,000
NOTE: A household can qualify to purchase or rent a unit in a higher category.
The 0 Dependent income did not increase due to the Survey that was completed in 1999.
Each dependent adds $7,500 to each category, up to three dependents.
2001 AsDen/Pitkin County Housing Guidelines Page 56 of 62
P180
APPENDIX B
CHART OF PRINCIPAL OWNERSHIP PROJECTS
NUMBER OF UNITS MAXIMUM REQUIRED
PROJECT NAME AND TYPE OF UNITS INCOME CATEGORY RESIDENCY
AABC Park Place 16 Condominiums - 1-, 2- & Category 1,3 & RO Per Guidelines
3-bedroom units
AABC Rowhouses 12 Townhomes No Income Guidelines See Covenants
Alpine Cottages 10 Townhom~s Category 4 and RO Per Guidelines
Aspen Village MHP 150 Trailers/Own Land Resident Occupied Per Guidelines
Benedict Commons 27 Studios & 1 -Bedrooms Category 2, 3 and 4 Per Guidelines
Billings Place 7 Townhomes Category 2, 3 and 4 Per Guidelines
Castle Crk valley Ranch 4 Single-Family Homes' Category 4 Per Guidelines
Centennial ?. 92 Condominiums Category 4 Per Guidelines
Common Ground 21 Townhomes (land lease) Category 2 and 3 Per Guidelines
East Hopkins 4 Townhomes Category 4 Per Guidelines
East Owl Creek 4 Single-Family Homes Category 4 Per Guidelines
Fairway Three 30 Townhomes Category 4 Per Guidelines
Five Trees 31 Single-Family Homes Category 3 and 4 Per Guidelines
Highland Villas 16 Condominiums Category 4 Per Guidel nes
Highlands Village 67 Units Category 1,2, 3, 4 Per Guidelines
Hunter Creek 77 Condominiums Category 4 Per Guidelines
Juan Street 2 Duplexes; 2 SFH Category 4 Per Guidelines'
Lacet (East cooper) 14 Townhomes/SFH Category 3, 4 and RO Per Guidelines
Lone Pine 28 Condominiums Category 4 Per Guidelines
Marthinsson-Nostdahl 10 Condominiums Category 3 and 4 Per Guidelines
Midland Park 37 Condominiums Category 4 Per Guidelines
Oh-Be-Joyful 5- Single-Family Homes Category 3 Per Guidelines
2001 Asoen/Pitkin County Housing Guidelines Page 57 of 62
P181
APPENDIX B
CHAR T OF PR/NC/PAL OWNERSHIP PROJECT5
NUMBER OF UNITS MAXIMUM REQUIRED
PROJECT NAME AND TYPE OF UNITS INCOME CATEGORY RESIDENCY
AABC Park Place ] 6 Condominiums - 1-, 2- & Category I, 3 & RO Per Guidelines
3-bedroom units
AABC Rowhouses 12 Townhomes No Income Guidelines See Covenants
Alpine Cottages 10 Townhomes. Category 4 and RO Per Guidelines
Aspen Village MHP 150 Trailers/Own Land Resident Occupied Per Guidelines
Benedict Commons 27 Studios.& 1 -Bedrooms Category 2, 3 and 4 Per Guidelines
Billings Place 7 Townhomes Category 2, 3 and 4 Per Guidelines
Castle Crk Valley Ranch 4 Single-Family Homes' Category 4 Per Guidelines
Centennial . !.. 92 Condominiums Category 4 Per Guidelines
Common Ground 21 Townhomes (land lease) Category 2 and 3 Per Guidelines
East Hopkins 4 Townhomes Category 4 Per Guidelines
East Owl Creek 4 Single-Family Homes Category 4 Per Guidelines
Fairway Three 30 Townhomes Category 4 Per Guidelines
Five Trees 31 Single-Family Homes Category 3 and 4 Per Guidelines
Highland Villas 16 Cgndominiums Category 4 Per Guidelines
Highlands Village 67 Units Category 1,2, 3, 4 Per Guidelines
Hunter Creek 77 Condominiums Category 4 Per Guidelines
Juan Street 2 Duplexes; 2 SFH Category 4 Per Guidelines
Lacet (East Cooper) 14 Townhomes/SFH Category 3, 4 and RO Per Guidelines
Lone Pine 28 Condominiums Category 4 Per Guidelines
Marthinsson-Nostdahl 10 Condominiums Category 3 and 4. Per Guidelines
Midland Park 37 Condominiums Category 4 Per Guidelines
Oh-Be-Joyful' 5- Single-Family Homes Category 3 Per Guidelines
2001 Asuen/Pi~kin County Housing Guidelines Page 58 of 62
P182
APPENDIX B
CHART OF PR/NC/PAL OWNERSHIP PROJECTS
(con£/nued)
NUMBER Of UNITS MAXIMUM REQUIRED
PROJECT NAME AND TYPE OF UNITS INCOME CATEGORY RESIDENCY
Park Circle Condo A~I l -Bedroom Category 2 Per Guidelines
Pitkin Iron 15 Units Category 2, 3 & 4 Per Guidelines
Red House Enclave 6 Condominiums Category 2 and 3 Per Guidelines
7th and Main 11 Units + Commercial Spi:e Category 2 and 3 Per Guidelines
Smuggler'Park S/D 87 Single-Family (Modular) No Income Requirements Per Guidelines
Smuggler Run MHP 17 Single-Family (Modular) Category 4 Per Guidelines
Snyder 15 1 - and 3-Bedroom Category 2, 3 & 4 Per Guidelines
Condominums
Sopris Crk Cabins s 6 Units consisting of Lots 1,2, 5, 7 & 9: Category 3
(Meadows) Single Family & Duplexes Lot 8: Category 1 Per Guidelines
Twin Ridge 12 Townhomes Category 4 Per Guidelines
13 Single-Family Homes
Ute Park 7 Single-Family Homes Category 4 Per Guidelines
Victorians at Bleeker 5 Condominiums Category 4 and RO Per Guidelines
West Hopkins 11 Townhomes Category 2 and 3 Per Guidelines
Williams Ranch 35 Units consisting of Category 2, 3, 4, RO-S and Per Guidelines
Single-Family Homes & RO
Duplexes
Williams Woods 18 Townhomes Category 2 and 3 Per Guidelines
Winfield Arms I Studio Condominium Category 2 Per Guidelines
W/J Ranch 63 Single-Family Homes Category 4 andRO Per Guidelines
Woody Creek MHP 54 Single-Family (Mobile RO MHP Requirements Per Covenants
Homes)
2001 AsoenlPitkin Count~ Housing Guidelines Page 59 of 62
P183
APPENDIX C
CHART OF PR/NC/PAL RENTAL PROJECTS AND REQUIREMENTS
NUMBER OF UNITS MAXIMUM REQUIRED
PROJECT NAME AND TYPE OF UNITS INCOME CATEGORY RESIDENCY
AABC APARTMENTS 7 Units Category 3 Per Covenants
ALPINA HAUS 44 Units N/A - Resident Occupied Per Ordinance
ASPEN COUNTRY INN 40 Units Category 1 & 2 Per Guidelines
BELL MOUNTAIN LODGE 5 Units Category 2 Per Guidelines
BURLINGAME - Permanent 8 Units Category 2 Per Guidelines
Seasonal 92 Units (] 84 beds)
CASTLE RIDGE 80 Units Category 3 Per Covenants
CENTENNIAL 148 Units Category 3 Per Guidelines
CiTY PLAZA BLDG. 4 Units Category ] Per Resolution
COPPER HORSE ] 3 Units N/A - Resident Occupied Per Resolution
CORTINA (Hotel je~'ome) 16 Units Category I Per Resolution
DURANT (1035 EAST) ' 12 Units Category ] & 2 Per Guidelines
HIGHLANDS VILLAGE 19 Units & Dorm Rms Category ] & 2 Per Guidelines
HUNTER LONGHOUSE 33 Units Category 3 Per Guidelines
MAROLT RANCH- Permanent 4 Units Category 3
Seasonal 96 Units Pitkin County Employee Per Guidelines
MAROON CREEK CLUB 42 Units Maroon Crk Club Priority Per Guidelines
MILL STREET STATION 7 Units Category 3 Per Guidelines
MOUNTAIN OAKS/HOSPITAL 2~ Units Hospital Priority Per Hospital
PUPPYSMITH APARTMENTS 18 Units Resident Occupied Per Resolution
RIVER PARK 3 Units Category 2 & RO Per Guidelines
SMUGGLER MTN APARTMENTS 1 ! Units Category ~ Per Guidelines
TRUSCO'I-I' PLACE - studios 50 Units RO
1 - & 2-Bedrooms 46 Units Category 3 Per Guidelines
ULLR LODGE 26 Units Category 3 & 4 Per Guidelines
UTE CITY PLACE 22 Units Category 2 & 3 Per Guidelines
TOTAL 657 Units Permanent
188 Units Seasonal
845 Units ·
2001 Aspen/Pitkin County Housing Guidelines Page 60 of 62
P184
APPENDIX D
L/STING OF PR/NC/PAL RENTAL PROJECTS
AND PROPERTY MANAGERS
(as of June 2001 O)
Aspen Country Inn
Patrick.Jones, Pr<; perty Manager
Aspen/Pitkin County Housing Authority
530 East Main Lower Level
Aspen, CO 81611
(970) 925-2700; 920-1745 Fax
AABC Apartments
Jean Rhinehart
303 Aspen Airport Business Center
Aspen, CO 8161.1
(970) 925-2102; 925-2104 Fax
Alpina Haus
Kevin De Ca~io Property Manager
935 East Durant
Aspen, CO 81611
(970) 920-3975; 920-2396 Fax
Burli ngame Seasonal Housing
Terry Kappeli, Property Manager
050 Harmony Place
Aspen, CO 81611
(970) 920-01 71
Centennial Apartments
Klm Keilin, Property Manager
100 Luke Short Court
Aspen, CO 81611
(970) 925-1876; 920-2691 :ax
Copper Horse
Kevin DeCarlo, Prcperty Manager
328 West Main Street
Aspen, CO 81611
(970) 920-3975; 920-2396 Fax
Hunter Longhouse Apartments
101 Lone Pine Road
Aspen, CO 81611 J
2001 A~een/PitkJn County Housing Guidelines Page 61 of 62
P185
Marolt Ranch (Seasonal Housing)
Dylan Regan, Manager
Aspera Pitkin County Housing Authority
530 East Main, Lower Level
Aspen, CO 81611
(970) 920-3499 (Jan.-May & Sept.-Dec.)
(970) 920-0849 Fax
Mountain Oaks (Hospital)
Don Gillow, Emp. Housing Coordinator
0401 Castle Creek Road
Aspen, CO 81611
(970) 544-1 ]41
(970) 544-1588 Fax
North Mill Station
Tony Mazza Frank Woods, Managers
355 Puppy Smith Lane
Aspen, CO 8t61
(970) 925-8603
Smuggter Mountain
Bruce Nethery, Property Director
Aspen/?itkin County Housing Authority
530 East Main, Lower Level
Aspen, CO 81611
(970) 379-6048
(970) 920-5580 Fax
mruscott Place Apartments
Bruce Nethery, Property Director
Aspen/Pitkin County Housing Authority
530 East Main, Lower Level
Aspen, CO 81611
(970) 920-5139; 920-5358 Fax
2001 Aspen/Pitkin County Housing Guidelines Page 62 of 62
P186
September 7, 20{]1
TO: City Council
The City has given money to fund:a review of the Historic Inventory, an expert to
advise the HPC and the public on the various facets of the code. Several speakers
have been in Aspen to advise uS of their historic community expertise. Please let this
informative process reach its conclusion, then review it and recommend the
appropriate changes in a draft code. amendment tO' :be adopted.
We are here to ask the. Council to postpone adoption of :Ordinance 24 (2001) until the
information has been collated' and put into an appropriate Ordinance addressing all
Historic Landmarkconcerns in:one document.
Ordinance 24 (2001) "would allow HISTORIC LANDMARK LOT SPLITS in the office zone
district." The Office Zone is located East of the C-1 Zone and West of the C-I Zone and
the Main Street Historic District also is zoned Office. In the Mining Era~ Main Street
~as historically residential, including homes of many famous mining magnates
Since the advent of the automobile, some of these homes have been converted to
Offices, Bed &iBreakfast lodges, apartments and Restaurants. Some have been
condominiumizcd, which protects thc facade AND thc setting of thc Historic
Landmark. To name a few: Herron home (apartments), Elisha, Fcrris, Beck and Koch
homes (offices). ~We have only a few HISTORIC LANDMARKS remaining. Lot Splits for
Hist0ric'~'Landm~s 'create site congestion, overcrowding and impacts on the
character of these historic treasurers
Many Hist6ric~-Landmarks exist in the Commercial, C-I and Residential Zones, which
have been greatly impacted by lot~splits, square footage bonus and garage bonus off
the alley. The lot split allows another house, to name one which has recently been
done. allowing a 4,000 sq.ft, h~c on a 4,$00 square foot iot. This impacts thc small
ori,~inal',~l~an~rlii,~¥ictofian; ::v~hi~h;~Wa~ :all6Wed.'an ~iddifibn, to -the, atley.(It was the
b~blfl~c~v0f ~H:~/r~td R~ss, fOUnd~
In view of the changes that m~ay b~ recommended. by the consultant and the HPC and
P&Z, please',reconsider,.Ordin.a,n~e '24(2001) until the review of the reconsideration
and:the ,¥arions re¢ommend~t'i0ns 6f the consultant have been considered; and then
by, the:'City Council.-,"
PUBLIC NOTICE
RE: MOUNTAIN CHALET REZONING FROM LODGE / TOURIST RESIDENTIAL
(LfI'R) TO LfI'R WITH LODGE PRESERVATION (LP) AND PLANNED UNIT
DEVELOPMENT (PUD) OVERLAYS; MINOR PLANNED UN'IT
DEVELOPMENT; SUBDIVISION
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 10,
2001 a a meet~.ug to begin ar 5:00 p.m. before thc Ast~n City Cotmail, Council Chambers, City
Hall, 1 $0 S. Cralana St., Aspen, ~o consider an application submi~Xed by Ralph Melville, owner of
~he Moun~ Chalet represented by Mitch Haas, reque~ng a rezoning from Lodge / Touris~
Residential (L/TR) m L/TR ~ga Lodge Preservation (LP) and Planned U~it Development (PUD)
Overlays; Minor Planned Unit D~velopment; Subdivision for ~be Mountain CMlet located at 333
E, D ,~za: Avenue, Lo~ E, F, O, H, and I, Block 84, City of Aspen, Pitkin CounW, Colorado. For
further irfformation, con~act Fred Jarman at the A~pan/Fir. kin County Cornmuniw Developme~
Depo.~'~ea~ 130 S. Cralen~ $~., Aspen, CO (970) 920-$102, fredj~ci.~pcn, co.us.
s/Helen Klanderud~ Mayor
Aspen City Council
Published in ~he Aspen Times on Au,'.;~ sr~ 25, 2001
City of Aspen Account y'-- /~" f /
The Fleisher Company
Commercial Real Estate in Aspen
September 10, 2001
TO: City Council
The City has given money to fund a review of the Historic Inventory, an expert to advise
the HPC and the public on the various facets of the code. Several speakers have been in
Aspen to advise us of their historic community expertise. Please let this informative
process reach its conclusion, then review it and recommend the appropriate changes in a
draft code amendment to be adopted.
I hereby request that you postpone adoption of Ordinance 24 (2001) until the information
has been collated and put into an appropriate Ordinance addressing all Historic Landmark
concerns in one document.
Ordinance 24 (2001) "would allow HISTORIC LANDMARK LOT SPLITS in the office
zone district." The Office Zone is located East oftheC-1 Zone and West of the C-1 zone
and the Main Street Historic District also is zoned Office. In the Mining Era, Main Street
was historically residential, including homes of many famous mining magnates. Since
the advent of the automobile, some of these homes have been converted to Offices, Bed
& Breakfast lodges, apartments and restaurants. Some have been condominiumized,
which protects the fagade and the setting of the Historic Landmark. To name a few:
Herron Home (apartments), Elisha, Ferris, Beck and Koch Homes (offices). We have
only a few HISTORIC LANDMARKS remaining. Lot Splits for Historic Landmarks
create site congestion, overcrowding and impacts on the character of these historic
treasures.
Many Historic Landmarks exist in the Commemial, C-1 and Residential Zones, which
have been greatly impacted by lot splits, square footage bonus and garage bonus offthe
alley. The lot split allows another house, to name one which has recently been done
allowing a 4,000 square foot home on a 4,500 square foot lot. This kind of development
is totally out of scale with Aspen's Main Street character.
In view of the changes that may be recommended by the consultant and the HPC and P &
Z, please reconsider Ordinance 24 (2001) until the review of the reconsideration and the
various recommendations of the consultant have been considered; and then reviewed by
the City Council.
Sincerely, /]
Donald J. Fleisher
200 East Main Street * Aspen, Colorado 81611 · 970/925-2122 · Fax 920-1628