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HomeMy WebLinkAboutLand Use Case.Moore Family PUD.A077-99 CASE NUMBER A077-99 PARCEL ID # CASE NAME Moore Family PUD- Amendment PROJECT ADDRESS Moore Family PUD PLANNER Joyce Ohlson CASE TYPE PUD Amendments OWNER/APPLICANT Ann R. Klauss, Zoom Flume LLC REPRESENTATIVE Davis Horn Inc. DATE OF FINAL ACTION CITY COUNCIL ACTION Ord. 49-99, Ord. 1-2000 PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED 6/30/00 BY J. Lindt 14' 'o d4 9/1/99 R taS l.ASENEt�jA07799 Moore Family PUD Amendment i p Jo ce Ohlson Ya Mooe Famtly PUD S ` PUD Amedments ' sttpfi Ellpitt,Stt Ann R Klauss,Zoo x Box 5115 Aspen/CO/81611 HN 920 1710 Davis Horn Inc l�ti. " 215 S Monarch St ste Aspen/CO/81611 925-6587 ,,�` ES 460 D 255FF l y+4•®F'715 t' ' s d, x . n REf4 S'J DUE !Eillill%;::1::**1—11CREV:::ElgJ"Lrllittird4"lrtg"'jIIIIIIIIIIIIIIhklieglltgIPIIIIIIIIIII,It Gt7 S tt ttti, Counted 12/1/99 ..... ...s„ .. .. _" ` •'. �/V I-.il . r: DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order shall expire on the day after the third anniversary of the effective date of the Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption from expiration, extension or reinstatement is granted or a revocation is issued by the City Council pursuant to Section 26.308.010. This Development Order is associated with the property noted below for the site specific development plan as described below. Zoom Floom LLC., Box 5115, Aspen, CO 81612 Property Owner's Name, Mailing Address and telephone number Moore Family Planned Unit Development Legal Description and Street Address of Subject Property Planned Unit Development Amendment Written Description of the Site Specific Plan and/or Attachment Describing Plan City Council Ordinance# 1-2000, 1/24/00 Land Use Approval(s) Received and Dates(Attach Final Ordinances or Resolutions) January 28, 2000 Effective Date of Development Order (Same as date of publication of notice of approval.) January 29, 2003 Expiration Date of Development Order(The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 28th day of January, 2000, by the City of Aspen Community Development Director. t_Lu-S- Juli nn Woods, Community Development Director G.Planning.Aspen.forms.DevOrder PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Moore Family Property of the City and Townsite of Aspen, by Ordinance No. 1, Series of 2000 of the Aspen City Council. For further information contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept., 130 S. Galena St, Aspen, Colorado (970) 920-5090. City of Aspen Account Publish in The Aspen Times on January 28, 2000. ORDINANCE NO.4? (SERIES OF 1999) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MASTER DEED RESTRICTION AGREEMENT FOR OCCUPANCY AND RESALE OF THE MOORE FAMILY PROJECT OF THE MOORE FAMILY PLANNED UNIT DEVELOPMENT. WHEREAS,the Board of County Commissioners (BOCC) of Pitkin County, Colorado, granted subdivision approval of the Moore Family Planned Unit Development (Moore Family PUD) by adopting Resolution Numbers 95-30 and 98-57, and required the condition that the James E. Moore Family Partnership, LLLP, enter into a Master Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project (Agreement) with the Aspen/Pitkin County Housing Authority, and the Agreement was made and entered into on August 10, 1998; and, WHEREAS, on June 28, 1999, City Council adopted Ordinance No. 24, Series of 1999, (the Ordinance),which approved the annexation of the Moore Family PUD; and, WHEREAS,the Aspen School District, on behalf of the James E. Moore Family Partnership, LLLP, has requested a substantive amendment to the Agreement; and, WHEREAS, the Community Development Department has received and provided referral comments from the Housing Authority and advisory recommendations from the Housing Board and BOCC; and, WHEREAS,the City Council finds that the spirit and intent of Ordinance 24, Series of 1999, is furthered by the adoption of this Ordinance and that the changes to the Master Deed Restriction for Occupancy and Resale of the Moore Family Project is in the best interests of the City; and, WHEREAS,the Cry 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: Section 1: The Moore Family PUD Master Deed Restriction for Occupancy and Resale of the Moore Family Project be amended to contain the following provisions: 1. Require an employee who works for the Aspen School.District for less than 10 years and who owns and occupies a "category unit" to sell the unit within one year after terminating 'ttta. MEMORANDUM TO: Mayor and City Council THRU: Steve Barwick, City Manager John Worcester, City Attorney Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Nick Lelack, Planner RE: Moore Family PUD Amendment— School District Request to Change Master Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project — Ordinance No. 1, Series of 2000, 2" Reading/Public Hearing DATE: January 24, 2000 SUMMARY: Attached, please find a letter of request from the Aspen School District, represented by Glenn Horn of Davis-Horn, Inc. to re-apply for one change to the "Master Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project," which is part of the Moore Family PUD. Ordinance 1, Series of 2000, approves the School District's request to: Require an employee who works for the Aspen School District for less than 10 years from the time of purchase and who owns and occupies a "category unit" to sell the unit within one year after terminating employment with the Aspen School District. Aspen School District employees shall have the right of first refusal to purchase the unit. City Council approved the ordinance on First Reading on January 10, 2000. Community Development staff is not making a recommendation on this application because the nature of the request is housing policy (not land use related), which is under the purview of the City Council with advisory recommendations from the Housing Board and Housing Authority. PROPOSED MOTION: "I move to adopt Ordinance Number 1, Series of 2000, upon Second Reading." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A -- Letter of Request to Consider Aspen School District's Request Exhibit B -- Aspen/Pitkin County Housing Authority Referral Comments Exhibit C -- Master Deed Restriction Agreement for the Occupancy and Resale of the Moore Family Project, Exhibit B C:AhomeAActive Cases\Moore PUD school district housingVCouncil Memo First Reading Action Item.doc ORDINANCE NO. 1 (SERIES OF 2000) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MASTER DEED RESTRICTION AGREEMENT FOR OCCUPANCY AND RESALE OF THE MOORE FAMILY PROJECT OF THE MOORE FAMILY PLANNED UNIT DEVELOPMENT. WHEREAS, the Board of County Commissioners (BOCC) of Pitkin County, Colorado, granted subdivision approval of the Moore Family Planned Unit Development (Mobre Family PUD) by adopting Resolution Numbers 95-30 and 98-57, and required the condition that the James E. Moore Family Partnership, LLLP, enter into a Master Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project (Agreement) with the Aspen/Pitkin County Housing Authority, and the Agreement was made and entered into on August 10, 1998; and, WHEREAS, on June 28, 1999, City Council adopted Ordinance No. 24, Series of 1999, (the Ordinance),which approved the annexation of the Moore Family PUD; and, WHEREAS, the Aspen School District, on behalf of the James E. Moore Family Partnership, LLLP, requested a substantive amendment to the Agreement (Ordinance No. 49, Series of 1999) to change four housing policies for the affordable housing units earmarked for the School District; and, WHEREAS, on December 6, 1999, City Council denied Ordinance No. 49, Series of 1999, by a vote of four to one (4-1); and, WHEREAS, the Aspen School District, has modified its request to change one housing policy in the Agreement and has requested a substantive amendment to the Agreement; and, WHEREAS, the Community Development Department has received and provided referral comments from the Housing Authority and advisory recommendations from the Housing Board and BOCC; and, WHEREAS,the City Council finds that the spirit and intent of Ordinance 24, Series of 1999, is furthered by the adoption of this Ordinance and that the changes to the Master Deed Restriction for Occupancy and Resale of the Moore Family Project is in the best interests of the City; 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: Section 1 The Moore Family PUD Master Deed Restriction for Occupancy and Resale of the Moore Family Project, Exhibit B,Number 1 to be amended to contain the following provision: • Require an employee who works for the Aspen School District for less than 10 years from the time of purchase and who owns and occupies a "category unit" to sell the unit within one year after terminating employment with the Aspen School District. Aspen School District employees shall have the right of first refusal to purchase the unit. Section 2 All material representations and commitments made by the applicants pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution 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 Resolution 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 duly noticed public hearing on this Resolution was held on the 24th day of January, 2000, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED,READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 10th day of January, 2000. Attest: Kathryn S. Koch, City Clerk Rachel Richards,Mayor FINALLY, adopted, passed and approved this 24th day of January, 2000. Attest: Kathryn S. Koch, City Clerk Rachel Richards,Mayor Approved as to form: John Worcestor, City Attorney Jan-06-00 10:05A yu_. norn 970 ^25 5180 P-02 DavisH,orn?ac• PLANNING & REAL ESTATE CONSULTING January 6, 2000 Nick Lelack Aspen Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 Res Moore PUD: Amendment Dear Nick: Davis Horn Incorporated represents the Aspen School District in this land use application. On August 31, 1999 the Aspen School District filed a land use application requesting four changes to the "Master Deed Restriction Agreement for the occupancy and resale of the Moore Family Project. " The Aspen City Council denied the application in December. The School District is dropping three of the previous four requested changes. The change requested by the District appears below. Concern A School District employee and family may acquire a unit restricted to the income, occupancy and price guidelines and soon after stop working for the School District. The unit would then no longer be serving the intended purpose of providing housing for School District employees. Proposed Change If a School District employee owns and occupies a "category unit" for at least 10 years while simultaneously working for the School District, the employee may continue to own and occupy the unit after he/she quits working for the School District. If a School District employee owns and occupies a unit for less than 10 years while simultaneously working for the School District, he/she must sell the unit within one year of terminating employment for the School District. In either case, when the unit is offered for sale, the School District will have first right of refusal to resell the unit to a employee of its choice provided that ALICE DAVIS.NCP I GLENN HORN,AICP 215 SOUTH MONARCH St. • SUITE 104 • ASPEN,COLORADO 81611 • 970/925-6587 • FM: 970/925-5180 Jan-06-00 10:05A yuser- horn 970 925 5180 P.03 the employee meets income and asset guidelines. In the event the unit is sold to a non-district employee when he/she resells the unit the School District will be offered first right of refusal to resell the unit to a School District employee. Please contact me if you have any questions and/or comments. Thanks. Sincerely, DA IS HORN INCORPORATED HO AICP EickoC MEMORANDUM TO: Nick Lelack, Community Development Dept. FROM: Cindy Christensen, Housing Office DATE: October 21, 1999 RE: REQUEST TO AMEND THE MOORE FAMILY PUD ISSUE: The School District is requesting approval to amend the Moore Family PUD. The School District would like the units that are earmarked for them to contain the following changes: 1. If a School District employee quits his/her employment with the School District with less than ten years of employment, he/she has one year to sell the unit to another qualified School District employee. 2. The minimum occupancy rule be exempted as long as the owner agrees to rent out the other bedroom(s)to another qualified School District employee(s). 3. The Resident Occupied units be exempted from the income and price guidelines. This will allow no appreciation cap on the RO units. 4. The deed restriction to reflect that the RO units be sold to the School District at a price not to exceed Category 4 maximum. BACKGROUND: The Moore Family PUD was approved by the BOCC in 1995. The applicant received approval for 31 units — 18 to the general lottery, 3 units to the Hospital, 8 units to the School District, and 2 units allocated to the Moore family. The 13 discretionary units were additional units not required for mitigation, however, the applicant did receive a higher GMQS score for providing the additional units. The resolution approving the project did not include any exemption for income and price guidelines. In April of this year, the Housing Board met to discuss two similar issues that the School District requested. At that time, they were asking that the ownership of the School District units be contingent on the owner working for the School District. The other issue was that the School District be permitted to own the designated units and rent those units or sell those units themselves. The Board denied the School District's request to force a sale if someone no longer works for the School District, but did approve the School District to have a first right of refusal to purchase any of the 8 School District discretionary units. Attached is the memo from Dave Tolen and the minutes of that meeting. The Moore property was annexed into the City about a month ago, therefore, the approval or denial of this request lies with City Council. RECOMMENDATION: The Housing Board reviewed this request at their regular meeting October 20, 1999. The Board unanimously denied the School District's request and would ask that City Council also deny the request due to the following: 1. If a School District employee quits his/her employment with the School District with less than ten years of employment, he/she has one year to sell the unit to another qualified School District employee. The Board denied this request. The Housing Board has always maintained that ownership of a unit should not be tied to a specific job. By doing so, it could give the upperhand to the employer as to the treatment of the employee. However, once the owner of that designated unit would decide to sell, the School District would have the right of first refusal for this unit. 2. The minimum occupancy rule be exempted as long as the owner agrees to rent out the other bedroom(s) to another qualified School District employee. The Board denied this request. Due to the lack of affordable housing in the valley, it is imperative that minimum occupancy be met. Housing Staff believes that the units that they will be marketing will garner at least 150 to 200 fully qualified households, therefore, there is not a lack of top priority households for these units. It would also be harder to regulate that each bedroom is being utilized to its fullest extent if the minimum occupancy is waived. By allowing a single person to buy a three-bedroom and try to regulate the rental of the other bedrooms involves more enforcement work from the Housing Office. 3. The Resident Occupied units be exempted from the income and price guidelines. This will allow no appreciation cap on the RO units. The Board denied this request. If this is approved, the only requirement for the RO units designated to the School District would be that the household has to be working in Pitkin County. At one time, this was the definition of RO. It was modified to ensure that RO units remain affordable and targeted to households that could not still not quite afford free market units. Also, by lifting the appreciation cap restriction, this could allow for a potential windfall for either the School District and/or any other owners (see 4 below). Although the deed restriction refers to the agreement between the School District and the Moore Family Partnership, it has been the policy of the Housing Office that if there is a restriction stipulated separately from the deed restriction, the restriction more restrictive is binding. Therefore, the income, asset and appreciation cap would be binding on the RO units stipulated for the School District. 2 4. The deed restriction to reflect that the RO units be sold to the School District at a price not to exceed Category 4 maximum. The Board denied this request. This is already stipulated in the agreement between the School District and the Moore Family Partnership, and was a separate agreement between the two entities, therefore, should not be added into the Master Deed Restriction. In general, the requests outlined above represent policy exemptions. The Board felt that, as a matter of policy, such policy exemptions are not appropriate for AH units provided under GMQS but in excess of the AH units required. Any rules and/or restrictions that are modified only adds to confusion of the housing program and can be perceived negatively. Therefore, the Board is recommending that City Council deny all of these requests by recognition the importance of maintaining consistency when dealing with all kinds and types of units. 3 r�-XHlg11 a_ i,. EXHIBIT"B" ALLOCATION OF AFFORDABLE HOUSING LOTS The Affordable Housing Lots will be established as either Category 3, Category 4, or Resident Occupied, upon the issuance of a building permit for the respective lots, which category designation shall be set forth in the individual Memorandum of Acceptance between the qualified buyer and the AspeniPitkin County Housing Authority. Below is the allocations of the 31 affordable housing lots. 1. The following Affordable Housing Lots are allocated for purchase by the Aspen School District: 1 RO 4-bedroom within Block D 1 RO 3-bedroom within Block F 2 Category 4 • 3-bedroom within Block F 3 Category 3 3-bedroom within Block C 1 Category 3 3-bedroom within Block A The Aspen School District will have the right of first offer for any of these specific units, which may come available for resale. If an owner of one of these units is no longer employed with the Aspen School District, that owner retains the right of ownership as long as that owner is a qualified employee of Pitkin County, or retires as specified in the Affordable Housing Guidelines. Further qualifications and restrictions are set forth in the Memorandum of Understanding Between the Aspen School District and the James E. Moore Family Partnership, LLLP, recorded on August 10, 1998, at Reception No. of ZDy9 2. The following Affordable Housing Lots are allocated for purchase by the Aspen Valley Hospital: 1 Category 3 3-bedroom within Block C • 1 Category 3 3-bedroom within Block A 1 Category 4 3-bedroom within Block F The Aspen Valley Hospital will have the right of first offer for any of these specific units, which may come available for resale. If an owner of one of these units is no longer employed with the Aspen Valley Hospital, that owner retains the right of ownership as long as that owner is a qualified employee of Pitkin County, or retires as specified in the Affordable Housing Guidelines. 3. The following Affordable Housing Lot is allocated for purchase by the Manager of the Moore Family PUD: 1 Category 3 3-bedroom within Block C 4. The following Affordable Housing Lot is allocated for purchase by a Moore Family member: 1 Category 3 3-bedroom within Block F The Moore Family will have the right of first offer for this specific unit to another member of the Moore family, who is employed in Pitkin County or retired as specified in the Affordable Housing Guidelines. The Moore Family member must qualified according to employment, but does not have to meet income, assets or occupancy requirements. Master Deed Restriction Page 12 1111111 1111 111111 111111 11111 111 1111111 111 111111 III 1111 ennaen AY/41 /100Q 1M.01140 nFFD RES DAVIS SILVI ' EXHIBIT"B" (continued) 5. The following Affordable Housing Lots are subject to the general lottery procedure established by the Aspen/Pitkin County Housing Authority: 3 Category 3 3-bedroom within Block C 1 Category 3 3-bedroom within Block D 5 Category 3 3-bedroom within Block A 1 Category 3 4-bedroom within Block D 2 Category 4 3-bedroom within Block D 4 Category 4 3-bedroom within Block F 2 Category 4 4-bedroom within Block D , Hascer Deed Restriction 1 111111 11111 111111 111111 IIIII III 1111111 III "III1 III IIII Page 17 420489 08/11/1998 10:088 DEED RES DAVIS SILVI 13 of 14 R 71.00 D 0.00 N 0.0N PTTWIti rn„unv MEMORANDUM as TO: Mayor and City Council THRU: Steve Barwick, City Manager John Worcester, City Attorney Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Nick Lelack, Planner 1 v RE: Moore Family PUD Amendment—School District Request to Change Master Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project— Ordinance No. I , Series of 2000, First Reading/Action Item DATE: January 10, 2000 SUMMARY: Attached, please find a letter of request from the Aspen School District, represented by Glenn Horn of Davis-Horn, Inc. to re-apply for one change to the "Master Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project," which is part of the Moore Family PUD. Since the December 6, 1999 public hearing before City Council, the School District narrowed its original request from four (4) housing policy changes to one (1) change for the units earmarked for them. Council denied Ordinance No. 49, Series of 1999, which contained the original four (4) requests. This new Ordinance_, Series of 2000, approves the School District's modified request, which is to: Require an employee who works for the School District for less than 10 years and who owns and occupies a "category unit" to sell the unit within one year after terminating employment with the School District. Community Development staff is not making a recommendation on this application because the nature of the request is housing policy (not land use related),which is under the purview of the City Council with advisory recommendations from the Housing Board and Housing Authority. PROPOSED MOTION: "I move to adopt Ordinance Number ' , Series of 2000, upon First Reading." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A -- Letter of Request to Consider Aspen School District's Request Exhibit B -- Aspen/Pitkin County Housing Authority Referral Comments Exhibit C -- Master Deed Restriction Agreement for the Occupancy and Resale of the Moore Family Project, Exhibit B C:AhomeAActive Cases\Moore PUD school district housingACouncil Memo First Reading Action Item-doe ORDINANCE NO. 56 (SERIES OF 1999) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING THE MOLLY GIBSON LODGE MINOR PLANNED UNIT DEVELOPMENT,LOTS 0, P AND Q,BLOCK 59, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application (the Project) from Aspen's Molly Gibson Lodge, LLC, owner of the Molly Gibson Lodge, represented by Francis X. Krizmanich, located on Lots 0, P and Q. Block 59, City and Townsite of Aspen, for a Minor Planned Unit Development (PUD) to construct an attached employee dwelling unit to the northwest corner of the Molly Gibson Lodge building located at 120 West Hopkins Avenue; and, WHEREAS, the Molly Gibson Lodge is located in the Office Zone District, Medium Density Residential Zone District(R-6), and Lodge Preservation Overlay (R6-LP) Zone District; and, WHEREAS, pursuant to Section 26.445 of the Land Use Code, dimensional requirements of properties located in the Lodge Preservation (LP) Overlay Zone District may be established through the PUD review process; and, WHEREAS,pursuant to Section 26.445 of the Land Use Code, the City Council may approve a Planned Unit Development during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, City Parks Department, the Aspen/Pitkin County Building Department, the Aspen/Pitkin County Housing Authority, and the Community Development Department reviewed the Project and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on December 7, 1999, the Planning and Zoning Commission recommended, by a six to zero (6-0) vote, that the Aspen City Council approve the Molly Gibson Lodge Minor Planned Unit Development, with conditions contained herein; 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 Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, 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. Molly Gibson Lodge Minor PUD 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Molly Gibson Lodge Planned Unit Development, consisting of an affordable housing unit addition to the existing lodge, is approved subject to the conditions of approval described hereinafter. Conditions of Approval: 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 Agreement, 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 improvements and parking spaces within City rights-of-way , location of utility pedestals, and a note stating that a witness corner will be installed on the north east corner of the property after completion of construction. 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. 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. 3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an application for a building permit may be accepted by the Building Department. 4. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval, for both the lodge expansion and the Minor PUD, 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 Department and any approval from the Parks Department Director for off-site replacement or mitigation of removed trees. e. A completed curb, gutter, and sidewalk agreement. Molly Gibson Lodge Minor PUD 19 f. A completed agreement to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights-of-way. g. A lighting plan for the new employee dwelling unit that shows the following: 1) The location and height above grade of light fixtures; 2) The type (such as incandescent, halogen, high pressure sodium) and luminous intensity of each light source; 3) The type of fixture (such as floodlight, full-cutoff, lantern, coach light); 4) Estimates for site illumination resulting from the lighting, as measured in foot- candles, should include minimum, maximum and average illumination. Comparable examples already in the community that demonstrate technique, specification, and/or light level should be provided if available to expedite the review process; and 5) Other information deemed necessary by the Community Development Director to document compliance with provisions of the Land Use Code. 5. The building plans shall demonstrate an adequate fire sprinkler system and alarm system for the new portion of the structure. 6. There shall be 150 or greater net livable square feet of living area per person, including sleeping and bathroom. 7. At least one bathroom shall be provided for shared use by no more than four persons. 8. A kitchen facility or access to a common kitchen shall be provided. 9. The maximum rental rate should not exceed $350 per person for this unit. 10. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to 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. 11. No excavation or storage of dirt or material shall occur within tree driplines. 12. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of-way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation of the area. The applicant shall inform the contractor of this condition. 13. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 14. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the employee unit, a member of the Aspen/Pitkin County Housing Authority shall inspect the units to determine if the units comply with the representations made in the application. Molly Gibson Lodge Minor PUD 20 15. Before issuance of a building permit, the applicant shall record the Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 16. That the applicant shall explore the addition of a powder room (sink and toilet) on the second floor prior to City Council's final consideration of the ordinance. 17. That safety egress windows and a ladder escape mechanism be shown on the building permit plans. Such safety features shall meet with the approval of the Chief Building Official. 18. That a deed restriction which meets with the Housing Authority approval be filed in the records of the County Clerk and Recorder prior to the building permit. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development 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 portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof Section 5: Pursuant to Section 26.304.070 of the Municipal Code, the City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen no later than fourteen (14) days following final adoption hereof INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13"' day of December, 1999. Attest: Kathryn S. Koch, City Clerk Rachel E. Richards, Mayor FINALLY, adopted,passed and approved this 10th day of January, 2000. Molly Gibson Lodge Minor PUD 21 Approved as to form: Approved as to content: John Worcester, City Attorney Rachel E. Richards, Mayor Attest: Kathryn S. Koch, City Clerk C:AhomeAActive CasesvMolly Gibson AMoI!vGibsonPUDcc.doc Molly Gibson Lodge Minor PUD 22 Jan-06-00 10:05A yuse- horn 970 925 5180 P.02 G�C�11L�1V A DavisHornWS- PLANNING & REAL ESTATE CONSULTING January 6, 2000 Nick Lelack Aspen Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 Res Moore PUD: Amendment Dear Nick: Davis Horn Incorporated represents the Aspen School District in this land use application. On August 31, 1999 the Aspen School District filed a land use application requesting four changes to the "Master Deed Restriction Agreement for the Occupancy and resale of the Moore Family Project. " The Aspen City Council denied the application in December. The School District is dropping three of the previous four requested changes. The change requested by the District appears below. Concern A School District employee and family may acquire a unit restricted to the income, occupancy and price guidelines and soon after stop working for the School District. The unit would then no longer be serving the intended purpose of providing housing for School District employees. Proposed Change If a School District employee owns and occupies a "category unit" for at least 10 years while simultaneously working for the School District, the employee may continue to own and occupy the unit after he/she quits working for the School District. If a School District employee owns and occupies a unit for less than 10 years while simultaneously working for the School District, he/she must sell the unit within one year of terminating employment for the School District. In either case, when the unit is offered for sale, the School District will have first right of refusal to resell the unit to a employee of its choice provided that ALICE DAVIS. AICP I GLENN HORN,AICP 215 SOUTH MONARCH St • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAx• 970/925-5180 Jan-06-00 10:05A yuser horn 970 925 5180 P.03 the employee meets income and asset guidelines. In the event the unit is sold to a non-district employee when he/she resells the unit the School District will be offered first right of refusal to resell the unit to a School District employee. Please contact me if you have any questions and/or comments. Thanks. sincerely, DA IS HORN INCORPORATED } '' G HO AICP E iaa'r B MEMORANDUM Eicittac TO: Nick Lelack, Community Development Dept. % FROM: Cindy Christensen, Housing Office DATE: October21, 1999 RE: REQUEST TO AMEND THE MOORE FAMILY PUD ISSUE: The School District is requesting approval to amend the Moore Family PUD. The School District would like the units that are earmarked for them to contain the following changes: 1. If a School District employee quits his/her employment with the School District with less than ten years of employment, he/she has one year to sell the unit to another qualified School District employee. 2. The minimum occupancy rule be exempted as long as the owner agrees to rent out the other bedroom(s)to another qualified School District employee(s). 3. The Resident Occupied units be exempted from the income and price guidelines. This will allow no appreciation cap on the RO units. 4. The deed restriction to reflect that the RO units be sold to the School District at a price not to exceed Category 4 maximum. BACKGROUND: The Moore Family PUD was approved by the BOCC in 1995. The applicant received approval for 31 units -- 18 to the general lottery, 3 units to the Hospital, 8 units to the School District, and 2 units allocated to the Moore family. The 13 discretionary units were additional units not required for mitigation, however, the applicant did receive a higher GMQS score for providing the additional units. The resolution approving the project did not include any exemption for income and price guidelines. In April of this year, the Housing Board met to discuss two similar issues that the School District requested. At that time, they were asking that the ownership of the School District units be contingent on the owner working for the School District. The other issue was that the School District be permitted to own the designated units and rent those units or sell those units themselves. The Board denied the School District's request to force a sale if someone no longer works for the School District, but did'approve the School District to have a first right of refusal to purchase any of the 8 School District discretionary units. Attached is the memo from Dave Tolen and the minutes of that meeting. The Moore property was annexed into the City about a month ago, therefore, the approval or denial of this request lies with City Council. RECOMMENDATION: The Housing Board reviewed this request at their regular meeting October 20, 1999. The Board unanimously denied the School District's request and would ask that City Council also deny the request due to the following: 1. If a School District employee quits his/her employment with the School District with less than ten years of employment, he/she has one year to sell the unit to another qualified School District employee. The Board denied this request. The Housing Board has always maintained that ownership of a unit should not be tied to a specific job. By doing so, it could give the upperhand to the employer as to the treatment of the employee. However, once the owner of that designated unit would decide to sell, the School District would have the right of first refusal for this unit. 2. The minimum occupancy rule be exempted as long as the owner agrees to rent out the other bedroom(s) to another qualified School District employee. The Board denied this request. Due to the lack of affordable housing in the valley, it is imperative that minimum occupancy be met. Housing Staff believes that the units that they will be marketing will gamer at least 150 to 200 fully qualified households, therefore, there is not a lack of top priority households for these units. It would also be harder to regulate that each bedroom is being utilized to its fullest extent if the minimum occupancy is waived. By allowing a single person to buy a three-bedroom and try to regulate the rental of the other bedrooms involves more enforcement work from the Housing Office. 3. The Resident Occupied units be exempted from the income and price guidelines. This will allow no appreciation cap on the RO units. The Board denied this request. If this is approved, the only requirement for the RO units designated to the School District would be that the household has to be working in Pitkin County. At one time, this was the definition of RO. It was modified to ensure that RO units remain affordable and targeted to households that could not still not quite afford free market units. Also, by lifting the appreciation cap restriction, this could allow for a potential windfall for either the School District and/or any other owners (see 4 below). Although the deed restriction refers to the agreement between the School District and the Moore Family Partnership, it has been the policy of the Housing Office that if there is a restriction stipulated separately from the deed restriction, the restriction more restrictive is binding. Therefore, the income, asset and appreciation cap would be binding on the RO units stipulated for the School District. 2 4. The deed restriction to reflect that the RO units be sold to the School District at a price not to exceed Category 4 maximum. The Board denied this request. This is already stipulated in the agreement between the School District and the Moore Family Partnership, and was a separate agreement between the two entities, therefore, should not be added into the Master Deed Restriction. In general, the requests outlined above represent policy exemptions. The Board felt that, as a matter of policy, such policy exemptions are not appropriate for AH units provided under GMQS but in excess of the AH units required. Any rules and/or restrictions that are modified only adds to confusion of the housing program and can be perceived negatively. Therefore, the Board is recommending that City Council deny all of these requests by recognition the importance of maintaining consistency when dealing with all kinds and types of units. 3 E■BIT' G • ainilismopS MOO* Pprn►LY PO) MASTER D 'o in+crroral Foe EXHIBIT"B" ('GLV Pqa)C( D �At ALLOCATION OF AFFORDABLE HOUSING LOTS. OF TM G. 1MOORr F,4w►r �Y Pao Kcr The Affordable Housing Lots will be established as either Category 3, Category 4, or Resident Occupied, upon the issuance of a building permit for the respective lots, which category designation shall be set forth in the individual Memorandum of Acceptance between the qualified buyer and the Aspen/Pitkin County Housing Authority. Below is the allocations of the 31 affordable housing lots. 1. The following Affordable Housing Lots are allocated for purchase by the Aspen School District: 1 RO 4-bedroom within Block D 1 RO 3-bedroom within Block F 2 Category 4 3-bedroom within Block F 3 Category 3 3-bedroom within Block C 1 Category 3 3-bedroom within Block A The Aspen School District will have the right of first offer for any of these specific units, which may come available for resale. If an owner of one of these units is no longer employed with the Aspen School District, that owner retains the right of ownership as long as that owner is a qualified 0 employee of Pitkin County, or retires as specified in the Affordable Housing Guidelines. Further qualifications and restrictions are set forth in the Memorandum of Understanding Between the Aspen School District and the James E. Moore Family Partnership, LLLP, recorded on August 10, 1998, at Reception No. 1,47,0yq 2. The following Affordable Housing Lots are allocated for purchase by the Aspen Valley Hospital: 1 Category 3 3-bedroom within Block C • 1 Category 3 3-bedroom within Block A 1 Category 4 3-bedroom within Block F The Aspen Valley Hospital will have the right of first offer for any of these specific units, which may come available for resale. If an owner of one of these units is no longer employed with the Aspen Valley Hospital, that owner retains the right of ownership as long as that owner is a qualified employee of Pitkin County, or retires as specified in the Affordable Housing Guidelines. 3. The following Affordable Housing Lot is allocated for purchase by the Manager of the Moore Family PUD: 1 Category 3 3-bedroom within Block C 4. The following Affordable Housing Lot is allocated for purchase by a Moore Family member: 1 Category 3 3-bedroom within Block F The Moore Family will have the right of first offer for this specific unit to another member of the Moore family, who is employed in Pitkin County or retired as specified in the Affordable Housing Guidelines. The Moore Family member must qualified according to employment, but does not have to meet income, assets or occupancy requirements. Master Deed Restriction Page 12 1111111 111111111 111111 11111 1111111111 III 111111111 III! • EXHIBIT"B" (continued) 5. The following Affordable Housing Lots are subject to the general lottery procedure established by the Aspen/Pitkin County Housing Authority: 3 Category 3 3-bedroom within Block C 1 Category 3 3-bedroom within Block D 5 Category 3 3-bedroom within Block A 1 Category 3 4-bedroom within Block D 2 Category 4 3-bedroom within Block D 4 Category 4 3-bedroom within Block F 2 Category 4 4-bedroom within Block D • Master Deed Restriction I 111111 11111 111111 111111 11111 III In Page 13 420489 08/11/1998 10:08A DEED RES DAVIS SILVI 13 of 14 R 71.00 D 0.00 N 0.00 PITKIN COUNTY CO MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager John Worcester, City Attorney G Julie Ann Woods, Community Development DirectoC Joyce Ohlson, Deputy Director 441.0 FROM: Nick Lelack, PlanneW bP RE: Moore Family PUD Amendment—School District Request to Change Master Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project—Continue Second Reading/Public Hearing to December 6, 1999 DATE: November 22, 1999 SUMMARY: The Aspen School District, represented by Glenn Horn of Davis Horn, Inc., has requested a continuation to December 6, 1999 for the Second Reading/Public Hearing on Ordinance 49. This Ordinance proposes changes to the "Master Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project"; these changes are discussed in the attached Memorandum. Community Development staff recommends continuing this application to December 6, 1999. PROPOSED MOTION: "I move to continue the public hearing on Ordinance Number 49, Series of 1999, to December 6, 1999." CITY MANAGER COMMENTS: EXHIBITS: Exhibit A—Applicant's Request for Continuation C:\home\Activc Cases\Moore PUD school district housing\Council Memo e ntinuedoc MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager John Worcester, City Attorney Julie Ann Woods, Community Development Director Joyce Ohlson, DeputyDiirrector,*(7 FROM: Nick Lelack, Planner \ L_' RE: Moore Family PUD Amendment—School District Request to Change Master Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project—Second Reading/Public Hearing DATE: November 22, 1999 SUMMARY: The Aspen School District has applied for changes to the "Master Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project," which is part of the Moore Family PUD. The School District is requesting four (4) housing policy changes for the eight(8) units earmarked for them. Below is a brief description of each request followed by the City Council's, Board of County Commissioners (BOCC), and Housing Board's actions and issues raised. 1. Require an employee who works for the School District for less than 10 years and who owns and occupies a "category unit" to sell the unit within one year after terminating employment with the School District. Actions: Council: voted 4-1 to deny the request(Markalunas dissented) on First Reading. BOCC: voted 3-0 to approve the request. Housing Board: voted 4-0 to deny the request. Issues raised in support of the request: S The Moore Family intended the units to be built for and used by the School District, and the units will not be used as intended if an employee stops working for the School District and retains the unit; i The units are in close proximity to the school, therefore minimizing travel to work; k School District employees are more essential to the community than other employees; i The School Board is working on obtaining affordable housing units for District employees; and k There is a potential for a sliding scale for retention of the units; for example, an employee may be able to retain the unit after terminating employment with the District for one-half the time of their employment term. Issues raised against the request: i The Housing Board has always maintained that ownership of a unit should not be tied to a specific job for several reasons, including: is Individual rights of employees might be compromised (i.e., no salary raise, unfair dismissal); and $ "Indentured servitude" or classifying one employee or set of employees as more important than others in the community is not possible. k The units were not paid for or supplied by the School District; and k The District already has control over other units at the AABC, Highlands Villas, West Ranch Subdivision, Cemetery Lane. 2. Exempt a School District employee from the minimum occupancy guidelines provided that the School District employee rents any bedroom not occupied by an owner or owner's family member to a School District employee. Actions: Council: voted 5-0 to deny the request on First Reading. BOCC: voted 3-0 to approve the request. Housing Board: voted 4-0 to deny the request. Issues raised in support of the request: i The minimum occupancy guidelines of one person per bedroom precludes employees without children from acquiring a unit and renting to another employee to meet the guidelines. Issues raised against the request: i Due to the lack of affordable housing in the valley, it is imperative that minimum occupancy be met. By allowing a single person to buy a three- bedroom unit and try to regulate the rental of the other bedrooms involves more enforcement work from the Housing Office. k Many familyies are on the waiting list that could immediately meet this requirement. 3. Restrict the Resident Occupied(RO) units only to the occupancy guidelines and exempt them from the income and price guidelines. Actions: Council: voted 5-0 to deny the request on First Reading. BOCC: voted 3-0 to approve the request. Housing Board: voted 4-0 to deny the request. Issues raised in support of the request: S. Lifting the income and assets cap would allow top administrators that do not meet these requirements to purchase a unit. Issues raised against the request: & Lifting the appreciation cap would be counterproductive to keeping the units "affordable" and may result in units that escalate in price beyond future employees' (or the School District's) ability to repurchase these units. 4. Require the developer to sell the two (2) Resident Occupied(RO) units to the School District for prices not to exceed the Category four (4) guidelines. Actions: Council: voted 5-0 to deny the request on First Reading. BOCC: voted 3-0 to approve the request. Housing Board: voted 4-0 to deny the request. Issues raised in support of the request: T This is a clean-up item to make the Master Deed Restriction consistent with the agreement between the Moore Family and Aspen School District. Issues raised against the request: t. Since this request is already stipulated in the agreement between the School District and the Moore Family Partnership, and was a separate agreement between the two (2) entities, it should not be added to the Master Deed Restriction. Community Development staff is not making a recommendation on this application because the nature of the request is housing policy (not land use related),which is under the purview of the City Council with advisory recommendations from the Housing Board and Housing Authority. PROPOSED MOTION: "I move to adopt Ordinance Numberq-9upon Second Reading." CITY MANAGER COMMENTS: C:\home\Active Cases\Moore PUD school district housing\Council Memo second reading.doc ORDINANCE NO.1141 (SERIES OF 1999) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MASTER DEED RESTRICTION AGREEMENT FOR OCCUPANCY AND RESALE OF THE MOORE FAMILY PROJECT OF THE MOORE FAMILY PLANNED UNIT DEVELOPMENT. WHEREAS, the Board of County Commissioners (BOCC) of Pitkin County, Colorado, granted subdivision approval of the Moore Family Planned Unit Development (Moore Family PUD) by adopting Resolution Numbers 95-30 and 98-57, and required the condition that the James E. Moore Family Partnership, LLLP, enter into a Master Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project (Agreement)with the Aspen/Pitkin County Housing Authority, and the Agreement was made and entered into on August 10, 1998; and, WHEREAS, on June 28, 1999, City Council adopted Ordinance No. 24, Series of 1999, (the Ordinance),which approved the annexation of the Moore Family PUD; and, WHEREAS, the Aspen School District, on behalf of the James E. Moore Family Partnership, LLLP, has requested a substantive amendment to the Agreement; and, WHEREAS,the Community Development Department has received and provided referral comments from the Housing Authority and advisory recommendations from the Housing Board and BOCC; and, WHEREAS,the City Council finds that the spirit and intent of Ordinance 24, Series of 1999, is furthered by the adoption of this Ordinance and that the changes to the Master Deed Restriction for Occupancy and Resale of the Moore Family Project is in the best interests of the City; 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: Section 1: The Moore Family PUD Master Deed Restriction for Occupancy and Resale of the Moore Family Project be amended to contain the following provisions: 1. Require an employee who works for the Aspen School District for less than 10 years and who owns and occupies a"category unit"to sell the unit within one year after terminating employment with the Aspen School District. And, when the unit is offered for sale, the Aspen School District will be offered the first right of refusal to purchase and resell the unit to a School District employee. 2. Exempt an Aspen School District employee from the minimum occupancy guidelines provided that the Aspen School District employee rents any bedroom not occupied by an owner or owner's family member to an Aspen School District employee. 3. Restrict the Resident Occupied units only to the occupancy guidelines and exempt such units from the income and price guidelines. 4. Require Zoom Flume LLC, the developer, to sell the two Resident Occupied units to the Aspen School District for prices not to exceed the Aspen/Pitkin Housing Authority Category 4 guidelines. INTRODUCED,READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 25th day of October, 1999. Attest: Kathryn S. Koch, City Clerk Rachel Richards,Mayor FINALLY,adopted,passed and approved this day of , 1999. Attest: Kathryn S. Koch,City Clerk Rachel Richards,Mayor Approved as to form: John Worcestor, City Attorney C:\home\Active Cases\Moore PUD school district housing\Reso.doc Davis Horn- PLANNING & PEAL ESTATE CONSULTING August 31, 1999 Joyce Ohlson City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Moore Family PUD: Amendment Dear Joyce: Davis Horn Incorporated represents the Aspen School District ("applicant") in this land use application. As you know, Zoom Flume LLC, is the successor in title to the James E. Moore Family Partnership. Zoom Flume LLC, is the ("developer") of the Moore Family PUD. The developer has committed to construct eight affordable housing units and sell them to the applicant. The applicant is seeking minor changes to the "Master Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project" (see Attachment 1) . This application is being submitted pursuant to City of Aspen Ordinance NO. 24 Series of 1999, an ordinance which annexed the Moore Family PUD and established a procedure for the City of Aspen Community Development Director to approve minor PUD amendments (see Attachment 2) . BACKGROUND The Moore Family PUD will include 31 single-family detached affordable housing units. Eighteen of the affordable housing units were required to satisfy the Moore Family PUD affordable housing exaction as part of the Metro Area Residential Growth Management Quota System. The developer is constructing the remaining 13 affordable housing units for the general benefit of the local community. The Pitkin County Board of County Commissioners permitted the developer to sell the 13 "discretionary" affordable housing units in the following manner: * Three units to qualifying employees of the Aspen Valley Hospital ; * Two units to Moore Family members; and * Eight units to the Aspen School District. The eight units allocated to the applicant fall in the following ALICE DAVIS, AICP t GLENN HORN, AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 Joyce Ohlson August 31, 1999 Page 2 categories (see Attachment 3 : Moore PUD Site Plan) : * 1 Resident Occupied 4-bedroom unit within Block D; * 1 Resident Occupied 3-bedroom unit within Block F; * 2 Category 4 three-bedroom units within Block F; * 3 Category 3 three-bedroom units within Block C; and * 1 Category 3 three bedroom units within Block A. Attachment 1, the Master Deed Restriction (see p.2) , states that: "The units set aside for the Aspen School District and Aspen Valley Hospital will need to follow the same restrictions, but these entities will have right of first refusal to resell one of these units to an employee of their choice as long as income and asset guidelines are met, and occupancy restrictions. " Attachment 1, Exhibit B includes the following additional language which addresses the eight School District units. "The Aspen School District will have the right of first offer for any of these specific units, which may come available for resale. If an owner of one of these units is no longer employed with the Aspen School District, that owner retains the right of ownership as long as that owner is a qualified employee of Pitkin County or retires as specified in the Affordable Housing Guidelines. Further qualifications and restrictions are set forth in the Memorandum of Understanding Between the Aspen School District and the James E. Moore Family Partnership, LLLP, recorded on August 10, 1998 at Reception No. 420491. " Attachment 4, the Memorandum of Understanding Between the Aspen School District and the James E. Moore Family Partnership, LLLP, recorded on August 10, 1998 at Reception No. 420491 includes the following language: "One four (4) bedroom unit will be constructed in Pod two (2) , Phase two (2) and sold to the District. One three (3) bedroom unit will be constructed in Pod four (4) , Phase three (3) and sold to the District. The initial sales price of these two (2) units shall not exceed the maximum sales price for Category four (4) single family dwelling units as defined in the Aspen Pitkin County Housing Authority Guidelines in effect Joyce Ohlson August 31, 1999 Page 3 at the time of the sale. After the sale, the units will be subject to the Aspen Pitkin Housing Authority Resident Occupied (RO) guidelines for occupancy only, income and sales guidelines shall not apply. The District may rent or sell the units to District employees. " The preceding language addressing the two Resident Occupied units reflects agreements reached between Pitkin County and James E. Moore Family Partnership, but is inconsistent the Master Deed Restriction (Attachment 1) in the following two ways. 1. The Master Deed Restriction does not require the developer to sell the units to the School District with a topset price consistent with Category 4 guidelines. 2 . The Master Deed Restriction mistakenly restricts the Resident Occupied units to all the RO guidelines. The James E. Moore Family Partnership and Pitkin County agreed during the land use review process that the units would only be restricted to the Resident Occupied guidelines for occupancy only. This summer the Aspen School District Board of Education attended a joint meeting with the Pitkin County Board of County Commissioners and the Aspen City Council. At the meeting, the School Board indicated to the other Boards specific concerns regarding the Master Deed Restriction and sought advice on how to address the concerns. The Board of County Commissioners and the City Council suggested that the School Board file a land use application requesting changes to the Master Deed Restriction. REQUESTED CHANGES TO THE MASTER DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND RESALE OF THE MOORE FAMILY PROJECT This section identifies the specific concerns of the School District and proposes changes to the Master Deed Restriction Agreement to resolve the problems. 1. Concern A School District employee and family may acquire a unit restricted to the income, occupancy and price guidelines and soon after stop working for the School District, but continue to own the unit. The unit would then no longer be serving the intended purpose of providing housing for School District employees. Joyce Ohlson August 31, 1999 Page 4 Proposed Change If a School District employee owns and occupies a "category unit" for at least 10 years while simultaneously working for the School District, the employee may continue to own and occupy the unit after he/she quits working for the School District. If a School District employee owns and occupies a unit for less than 10 years while simultaneously working for the School District, he/she must sell the unit within one year of terminating employment for the School District. In either case, when the unit is offered for sale, the School District will have first right of refusal to resell the unit to a employee of its choice provided that the employee meets income and asset guidelines. In the event the unit is sold to a non-district employee, when he/she resells the unit the School District will be offered first right of refusal to resell the unit to a School District employee. 2 . Concern The Master Deed Restriction requires an owner to meet occupancy guidelines. The minimum occupancy guidelines of one person per bedroom precludes a School District employee without children from acquiring a dwelling unit and renting a bedroom to another School District employee to meet occupancy guidelines. Proposed Change The Master Deed Restriction should be amended to permit a School District employee to be exempted from the minimum occupancy guidelines provided that the School District employee rents any bedroom not occupied by an owner or owner's family member to a School District employee. 3 . Concern The Master Deed Restriction requires the occupant of the two Resident Occupied units to comply with all the Resident Occupied guidelines. Proposed Change The Master Deed Restriction should be amended so that the Resident Occupied units are restricted only to the Joyce Ohlson August 31, 1999 Page 5 occupancy guidelines and be exempted from the income and price guidelines. An owner of a Resident Occupied unit should be permitted to satisfy the minimum occupancy (one person per bedroom) by renting a bedroom to a School District employee. 4 . Concern The Master Deed Restriction does not require the developer to sell the two Resident Occupied units to the School District at a price equal to or less than the Category 4 guidelines. Proposed Change The Master Deed Restriction should be amended to establish that the payment from the School District to the developer for the two Resident Occupied units will not exceed the Category 4 guidelines. LAND USE APPROVALS On June 28, 1999 the City of Aspen approved Ordinance No. 24 Series of 1999 which approved a procedure and standards for minor PUD amendments to the Moore Family PUD (see Attachment 2) . Section 4 of the ordinance states the procedure is intended to address changes to "elements or conditions of the development permit. " This section of the application demonstrates compliance with the standards. The standards appear in bold followed by the applicant' s response. Standard a. The amendment must be a clarification or a technical correction to the plat. Response The amendment does not affect the Moore PUD plat. Rather it addresses deed restrictions. Standard b. The amendment must not change the use of the proposed development between residential, commercial and tourist accommodations uses. Response Joyce Ohlson August 31, 1999 Page 6 Changes in uses are not proposed. Standard c. The amendment must be consistent with action taken during the review of the original development and does not constitute new land development activity. Response The level of development activity will be identical to the activity approved in the Moore PUD land use review. The goal of the developer is to provide long-term housing to meet the needs of the Aspen School District. The minor amendment is consistent with actions taken by the Board of County Commissioners during the land use review to provide affordable housing to meet the needs of the District. Standard d.i. The proposed activity does not change the basic character of the approved use land on which the activity occurs including the basic visual appearance and method of operation. Response The proposed amendment does not affect the basic character of the approved use of land. Standard d.ii. The proposed activity does not increase off-site impacts in the surrounding neighborhood. Response Off-site impacts on the surrounding neighborhood are not affected by the proposed amendment. Standard d.iii. The proposed activity does not endanger public health, safety or welfare. Response The proposed amendment does not affect public health, safety or welfare. Joyce Ohlson August 31, 1999 Page 7 Standard d.iv. The proposed activity does not substantially increase the need for on-site parking or utilities, or affect affordable housing generation. Response The minor amendment does not affect on-site parking, utilities or affordable housing generation. Standard d.v. The proposed activity does not increase the floor area of the use by more than two (2) percent or decrease open space on the site by more than three (3) percent. Response Open space and floor area are not affected by the proposed amendment. SUMMARY The School District is seeking a minor amendment to the Moore PUD so that eight affordable housing units earmarked for the School District better meet the needs of the School District. The proposed amendment complies with the minor PUD amendment standards established in City or Aspen Ordinance NO. 24 series of 1999. The Board of County Commissioners and City Council expressed conceptual support for the changes this summer at a meeting with the School Board. The applicant requests the City of Aspen to expedite the review of this application so minor PUD amendment is approved well before the completion of the affordable housing units this fall. The applicant is submitting $ 715. 00 ($ 255 flat fee & $ 460 deposit) with this application. The following materials are attached to this letter for your information. Attachment 1: Master Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project Attachment 2 : City of Aspen Ordinance NO. 24 Series of 1999 Joyce Ohlson August 31, 1999 Page 8 Attachment 3 : Moore PUD Site Plan Attachment 4 : Memorandum of Understanding Between the Aspen School District and the James E. Moore Family Partnership, LLLP, recorded on August 10, 1998 at Reception No. 420491 Attachment 5: Letter from the Aspen School District authorizing Davis Horn Incorporated to submit a land use application to the City of Aspen and represent the School District in the land use approval process Attachment 6: Letter from Zoom Flume LLC authorizing the Aspen School District to submit a land use application to the City of Aspen requesting changes to the Master Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project Please contact me at 925-6587 if I can provide any additional information and or materials. Thank you for your assistance. Sincerely, DIviS HORN INCORPORATED GLE HORN AICP Moore.Sch ATTACHMENT .. MASTER DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND RESALE OF THE MOORE FAMILY PROJECT • THIS MASTER DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND RESALE OF (PROJECT) (the "Agreement") is made and entered into this 10th day of August, 1998, by the James E. Moore Family Partnership, LLLP, a Colorado limited liability limited partnership (hereinafter referred to as "Declarant"), for the benefit of the parties and enforceable by the ASPEN/PITKIN COUNTY HOUSING AUTHORITY (hereinafter referred to as "APCHA"), a duly constituted multi-jurisdictional Housing Authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT by and between the City of Aspen, Colorado (the "City") and Pitkin County, Colorado (the "County"), dated September 26, 1989 and recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office. WITNESSETH: WHEREAS, Declarant owns the real property described in Exhibit "A" attached hereto and incorporated herein. For purposes of this Agreement, the real property and all dwellings, appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property"; and WHEREAS, as a condition of the approval granted by the Board of County Commissioners of Pitkin County, Colorado, Resolution Numbers 95-30 and 98-57, for subdivision approval of the Property, the Declarant is required to enter into this Agreement; and WHEREAS; Declarant agrees to restrict the acquisition or transfer of the Property to "Qualified Buyers,"as that term is defined in this Agreement, who fall within the Categories as stated in "Exhibit B", and as stated in each individual Memorandum of Acceptance, established and adopted by the APCHA from time to time in it's Affordable Housing Guidelines. In addition, the Declarant agrees that this Agreement shall constitute an initial sales price based on the Aspen/Pitkln County 1998 Affordable Housing Guidelines and the terms and provisions controlling the resale of the Property. Finally, by this Agreement, Declarant restricts the Property against use and occupancy inconsistent with this Agreement; and WHEREAS, there are a total of 31 units. Of these 31 units, two Category 3 three-bedroom units, one Category 4 four-bedroom unit to be allocated to qualifying employees of the Aspen_Vallev Hospital_, District; two Resident Occupied four-bedroom units, two Category 4 three-bedroom units, and four Category 3 three-bedroom units to be allocated to the As•en School District; and two Cate.o 3 three-bedroom units tn.be..allocated.10 the Moore Family; the 18 remaining units will consist of one Category 4 four-bedroom unit, seven_Category_4_Huae-bedmnm r unite and ten CatPgnry 3_three-hedroom_unit& The_remaining_18 units will be_sold in a lottery system through the APCHA; and WHEREAS, "Qualified Buyers" are natural persons meeting the income, residency and all other qualifications set forth in the Aspen/Pitkin County Housing Authority Affordable Housing Guidelines (hereinafter "the Affordable Housing Guidelines"), or its substitute, as adopted by the APCHA, or its successor, except as otherwise provided in Exhibit"B", and in effect at the time of the closing of the sale to the Qualified Buyer, and who must represent and agree pursuant to this Agreement to occupy the Property as their sole place of residence, not to engage in any business activity on the Property, other than that permitted in that zone district or by applicable ordinance, and not to sell or otherwise transfer the Property for use in a trade or business. 111111 11111 111111 111111 11111 III 1111111111 11111 111 1111 420489 08/11/1998 10:08A DEED RES DAVIS SILVI 1 of 14 R 71.00 n' 0.041 N A AA PTTrtN MINT,/ re, WHEREAS, an 'Owner is a person or persons who ia/ere a Qualified Buyer who acquires an ownership interest in the Property in compliance with the terms and provisions of this Agreement it being understood that such person or persons shall be deemed an 'Owner hereunder only during the period of his, her or their ownership interest in the Property and shall be obligated hereunder for the full and complete performance and observance of all covenants, conditions and restrictions contained herein during such period. WHEREAS, a'Unit"Is any of the units located on Lots 28e through 31e, Block k Lots 17e through 24e, Block C, Lots 10e through 16e, Block D; and Lots le through 9e. Block F which comprise the property, and which each until will be stipulated in a separate Memorandum of Acceptance. NOW, THEREFORE, for value received, the receipt and sufficiency of which is hereby acknowicdged, Declarant hereby represents,_cov_enants and agrees as follows (the units set aside for the Aspen School District and Aspen Valley Hospital wilt need to follow the same restrictions, but these entitles wllLha`[e ht of first refusal to resell one of these units to an employee of their choice as long as income and assetguidelines are met and occupancy restrictions) 1. The use and occupancy of the Property shall henceforth be limited exclusively to housing for natural persons who meet the definition of Qualified Buyers and their families. 2. An Owner, In connection with the purchase of this Property or Unit, must_a)occupy any Unit within this Property as his or her sale place of residence during the time that such unit is owned; b) not engage in any business activity on or In such Unit, other than permitted in that zone district or by applicable ordinance;c) sell or otherwise transfer such Unit only in accordance with this Agreement and the Affordable Housing Guidelines; d)not sail or otherwise transfer such Unit for use in a trade or business; e) not permit any use or occupancy of such Unit except in compliance with this Agreement; and f)continue to be employed as required by the applicable APCHA Guidelines, 3. ALemrh of Agreemen a. It shall be a breath of thls Agreement for Owner to default in payments or other obligations due or to be performed under a promissory note secured by a first deed of trust encumbering the Property or a Unit. Owner must notify the APCHA, h writing, of any notification received from a lender, or its assigns, of past due payments or default ei payment or other obligations due or to be performed under a promissory note secured by a first deed of trust,as described herein,within five calendar days of Owner's notification from lender,or its assigns, of said default or past due payments. b. Upon notification from Owner, as provided above, or other notice of such default, the APCHA may offer loan counseling or distressed loan services to the Owner. If any of these services are available, and Is entitled 10 require the Owner to sell the Property or a Unit to avoid the commencement of any foreclosure proceeding against the Property or a Unit In the event that the APCHA determines that sale of the Property or Unit is necessary, Owner shall immediately execute a standard listing Contract on forms approved by the Colorado Real Estate Commission with the APCHA, providing for a 30-day listing period. At that time, the Owner shall deposit with the APCHA an amount equal to one percent(1%)of the estimated value of the Unit. If a sales contract has not been executed within the Initial 30-day period, Owner shall extend the listing period for an additional 180 days, provided such extension does not conflict with the statutory rights of any secured creditors, The APCHA shall promptly advertise the Property for sale by competitive bid to Qualified Buyers. At the time of closing,the Owner shall pay to the APCHA an additional one percent(1%),for a maximum fee of two percent(2%). In the event of a listing of the Property pursuant to this ,fanter Dead Letrictioa Pi9< 2 1 11101 1111 1E111 111111 11111 III 1111111 III 11111 1111 III! 420409 08/11/1OU0 10:08R DEED RES DBMS SILVI 2 of 14 R 71.00 0 0.00 N 0.00 PITEIN COUNTY CO Paragraph 3, the APCHA is entitled to require the Owner to accept the highest•of any qualified bids which satisfies the Owner's financial or other obligations due under the promissory note secured by a first deed of trust and any deed of trust in favor of the APCHA, as described herein, and to sell the Property to such qualified bidder. c. Upon receipt of notice as provided in paragraphs 3a and b, the APCHA shall have the right, in it's sole discretion, to cure the default or any portion thereof. In such event, the Owner shall be personally liable to APCHA for past due payments made by the APCHA together with interest thereon at the rate specified in the promissory note secured by the first deed of trust, plus one percent (1%), and all actual expenses of the APCHA incurred in curing the default. The Owner shall be required by APCHA to execute a promissory note secured by deed of trust encumbering the Property in favor of the APCHA for the amounts expended by the APCHA as specified herein, including future advances made for such purposes. The Owner may cure the default and satisfy it's obligation to the APCHA under this subparagraph at any time prior to execution of a contract for sale, upon such reasonable terms as specified by the APCHA. Otherwise, Owner's indebtedness to the APCHA shall be satisfied from the Owner's proceeds at closing. • 4. This Agreement shall constitute covenants running with the Property, as a burden thereon, for the benefit of, and shall be specifically enforceable by the APCHA, the City Council for the City (the "City Council"), the Board of County Commissioners for the County (the "County"), and their respective successors and assigns, as applicable, by any appropriate legal action including but not limited to specific performance, injunction, reversion, or eviction of non-complying owners and/or occupants. 5. In the event that an Owner desires to sell the Property or Unit, the Owner shall execute a standard Listing Contract on forms approved by the Colorado Real Estate Commission with the APCHA providing for a 180-day listing period, or such other time period as required by the APCHA Affordable Housing Guidelines in effect at time of listing. At that time, the Owner shall deposit with the APCHA an amount equal to one percent (1%) of the estimated value of the Unit. The APCHA shall promptly advertise the Property or Unit for sale by competitive bid to Qualified Buyers. At the time of closing, the Owner shall pay to APCHA an additional one percent (1%), for a maximum fee of two percent (2%). If FNMA type financing is used, there may be a fee charged by the APCHA based on the amount financed. The amount of this fee, which is to be paid by the subsequent Owner, shall be as set forth in the current Affordable Housing Guidelines and will be distributed to the APCHA Mortgage Fund Account. • MAXIMUM RESALE PRICE 6. In no event shall the Property or a Unit be sold for an amount("Maximum Resale Price") in excess of the lesser of: a. $ '1_, plus an increase of three percent(3%)of such price per year from the date of purchase to the date of Owner's notice of intent to sell (prorated at the rate of .25 percent for each whole month for any part of a year); or b. an amount (based upon the Consumer Price Index, All Items, US City Average, Urban Wage Eamers and Clerical Workers (Revised), published by the US Department of Labor, Bureau of Labor Statistics) calculated as follows: the Owner's purchase price divided by the Consumer Price Index published at the time of Owner's purchase stated on the Settlement 'Owner's purchase prio_ recorded on a separate Memorandum of Acceptance for each individo:._ unit. Master Deed Restriction Page 3 1111111 11111 111111 111111 11111 111 1111111 III 11111 IIII I11I 420489 08/11/1998 10:08A DEED RES DAVIS SILVI Statement, multiplied by the Consumer Price Index current at the date of intent to sell. In no event shall the multiplier be less than one (1). For purposes of this Agreement, "date of intent to sell" shall be the date of execution of a listing contract when required by this agreement,or if a listing contract is not otherwise necessary, the date shall be determined to be the date upon which a requirement for the Owner to sell is first applicable. NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A REPRESENTATION OR GUARANTEE BY THE APCHA OR THE CITY THAT ON RESALE THE OWNER SHALL OBTAIN THE MAXIMUM RESALE PRICE. 7. Determining Maximum Resale Price: a. For the purpose of determining the Maximum Resale Price in accordance with this Section, the Owner may add to the amount specified in Paragraph 6 above, the cost of Permitted Capital Improvements (as defined in Exhibit"C") in a total amount not to exceed $_2_, which is ten percent (10%) of the initial listed purchase price set forth in paragraph 6a above. In calculating such amount, only those Permitted Capital Improvements identified in Exhibit"C" hereto shall qualify for inclusion. All such Permitted Capital Improvements installed or constructed over the life of the unit shall qualify. However, the allowance permitted by this subsection is a fixed amount, which shall be calculated on a cumulative basis applicable to the owner and all subsequent purchasers, and shall not exceed the maximum dollar amount set forth in this subsection 7a. b. Permitted Capital Improvements shall not include any changes or additions to the Property made by the Owner during construction or thereafter, except in accordance with Paragraph 7a above. Permitted Capital Improvements shall not be included in the APCHA's. listed purchase price, even if made or installed during original construction. c. In order to qualify as Permitted Capital Improvements, the Owner must furnish to the APCHA the following information with respect to the improvements which the Owner seeks to include in the calculation of Maximum Resale Price: 1) Original or duplicate receipts to verify the actual costs expended by the Owner for the Permitted Capital Improvements; 2) Owner's affidavit verifying that the receipts are valid and corect receipts tendered at the time of purchase; and 3) True and correct copies of any building permit or certificate of occupancy required to be issued by the Aspen/Pitkin County Building Department with respect to the Permitted Capital Improvements. d. For the purpose of determining the Maximum Resale Price in accordance with this Section, the Owner may also add to the amounts specified in Paragraphs 6 and 7a, the cost of any permanent improvements constructed or installed as a result of any requirement imposed by any governmental agency, provided that written certification is provided to the APCHA of both the applicable requirement and the information required by Paragraph 7c, 1)-3). '101 of the ir't_.l sales price: to be recorded in a separate Memorandum of Acceprar.__ for each unit. Mater Deed Restriction - 1 11E11 11111 111111 111111 11111 III 1111111 III11111111I1111 Page 4 420489 08/11/1998 10:086 DEED RES DAVIS SILVI a at 1a D 71 as n a as N A 201 PTTKTN rntiNTY C.n • e. In calculating the costs under Paragraphs 7a and 7d, sweat equity shall be added under the following conditions: 1) Information regarding the actual physical labor by the owner based on 80% of the average amount of TWO bids for the work approved by the Housing Office. 2) That the work needs to be done under supervision of a qualified certified tradesperson for the work that was done by the owner. 8. All disputes between the Owner and the administrative staff of the APCHA shall be heard in accordance with the grievance procedures set forth in the Affordable Housing Guidelines. 9. Owner shall not permit any prospective buyer to assume any or all of the Owner's customary closing costs nor accept any other consideration which would cause an increase in the purchase price above the bid price so as to induce the Owner to sell to such prospective buyer. 10. In the event that one qualified bid is received equal to the Maximum Resale Price herein established, the Property shall be sold to such bidder at the Maximum Resale Price; and in the event Owner receives two or more such bids equal to the Maximum Resale Price, the Qualified Buyer shall be selected according to the priority for Sale Units set forth in the Affordable Housing Guidelines; and, in the event that more than one such qualified bidder is of equal priority pursuant to the Affordable Housing Guidelines, the Qualified Buyer shall be selected by lottery among the qualified bidders of the highest priority, whereupon the Property or Unit shall be sold to the winner of such lottery at the Maximum Resale Price. If the terms of the proposed purchase contract, other than price, as initially presented to the owner, are unacceptable to the Owner, there shall be a mandatory negotiation period of three (3) business days to allow the Seller and potential buyer to reach an agreement regarding said terms, including but not limited to, the closing date and financing contingencies. If, after the negotiation period is over, the Seller and buyer have not reached an agreement, the next bidder's offer will then be presented to the Seller for consideration and a three (3) business day negotiating period will begin again. The seller may reject any and all bids, however, the Owner is subject to the provisions in the Affordable Housing Guidelines pertaining to the listing fee. Bids in excess of the Maximum Resale Price shall be rejected. If all bids are below Maximum Resale Price, Owner may accept the highest qualified bid. If all bids are below Maximum Resale Price and two or more bids are for the same price, the Qualified Buyer shall be selected by lottery from among the highest qualified bidders. 11. In the event that title to the Property or a Unit vests by descent in individuals and/or entities who are not Qualified Buyers as that term is defined herein (hereinafter "Non-Qualified Transferee(s)"), the Property or Unit shall immediately be listed for sale as provided in Paragraph 5 above (including the 'payment of the specified fee to the APCHA), and the highest bid by a Qualified Buyer, for not less than ninety-five percent (95%) of the Maximum Resale Price or the appraised market value, whichever is less, shall be accepted; if all bids are below ninety-five percent (95%) of the Maximum Resale Price or the appraised market value, the Property or Unit shall continue to be listed for sale until a bid in accordance with this section is made, which bid must be accepted. The cost of the appraisal shall be paid by the Non-Qualified Transferee(s). a. Non-Qualified Transferee(s) shall join in any sale, conveyance or transfer of the Property or Unit to a Qualified Buyer and shall execute any and all documents necessary to do so; and b. Non-Qualified Transferee(s) agree not to: 1) occupy the Property or said Unit; 2) rent all or any part of the Property or Unit, except in strict complian'e with Paragraph 15 hereof; 3) engage in any other business activity on or in the Property or Unit; 4) sell or otherwise • Master Deed Restriction Page 5 1 111111 11111 111111 111111 11111 III 1111111 III 11111 11111111 42048908/11/1998 10:08A- DEED RES DAVIS SILVI • transfer the Property or Unit except in accordance with this Agreement and the Affordable Housing Guidelines; or 5) sell or otherwise transfer the Property or Unit for use in a trade or business. • c. The APCHA, the City, the County, or their respective successors, as applicable, shall have the right and option to purchase the Property or Unit, exercisable within a period of fifteen (15) calendar days after receipt of any sales offer submitted to the APCHA by a Non- Qualified Transferee(s), and in the event of exercising their right and option, shall purchase the Property or Unit from the Non-Qualified Transferee(s) for a price of ninety-five percent (95%)of the Maximum Resale Price, or the appraised market value, whichever is less. The offer to purchase shall be made by the Non-Qualified Transferee within fifteen (15) days of acquisition of the Property or Unit. d. Where the provisions of this Paragraph 11 apply, the APCHA may require the Owner to rent the Property or Unit in accordance with the provisions of Paragraph 15, below. OWNER RESIDENCE AND EMPLOYMENT 12. The Property and all Units shall be and is/are to be utilized only as the sole and exclusive place of residence of an Owner. 13. In the event Owner changes domicile or ceases to utilize the Property or Unit as his sole and exclusive place of residence, or ceases to be a full-time employee in accordance with the applicable APCHA Guidelines, the Property or Unit will be offered for sale pursuant to the provisions of Paragraph 5 of this Agreement. Owner shall be deemed to have changed Owner's domicile by becoming a resident elsewhere or accepting permanent employment outside Pitkin County, or residing on the Property or Unit for fewer than nine (9) months per calendar year without the express written approval of the APCHA, or by ceasing to be a full-time employee. Where the provisions of this Paragraph 13 apply, the APCHA may require the Owner to rent the Property or Unit in accordance with the provisions of Paragraph 15, below. 14. If at any time the Owner of the Property or Unit also owns any interest alone or in conjunction with others in any developed residential property or dwelling unit(s) located in Eagle, Garfield, Gunnison or Pitkin Counties, Owner agrees to immediately list said other property or unit for sale and to sell Owner's interest in such property at a sales price comparable to like units or properties in the area in which the property or dwelling unit(s) are located. In the event said other property or unit has not been sold by Owner within one hundred twenty(120) days of its listing, then Owner hereby agrees to immediately list this Property or Unit for sale pursuant to the provisions of Paragraph 5 of this Agreement. It is understood and agreed between the parties hereto that, in the case of an Owner Whose business is the construction and sale of residential properties or the purchase and resale of such properties, the properties which constitute inventory in such an Owner's business shall not constitute "other developed residential property" or "dwelling unit(s)" as those terms are used in this Paragraph 14. RENTAL 15. Owner may not, except with prior written approval of the APCHA, and subject to APCHA's conditions of approval, rent the Property or Unit for any period of time. Prior to occupancy, any tenant must be approved by the Homeowner's Association, if applicable, and the APCHA in accordance with the income, occupancy and all other qualifications established by the APCHA in its Affordable Housing Guidelines. The APCHA shall not approve any rental if such rental is being made by Owner to utilize the Property or Unit as an income producing asset, except as provided below, and shall not approve Master Deed Restriction Page 6 111111 11111 111111 111111 VII( 111 1111111 III 111111111 III 420489 08/11/1998 10:08Q DEED RES DAVIS SILVI a lease with a rental term in excess of twelve (12) months. A signed copy of the lease must be provided to the APCHA prior to occupancy by any tenant. Any such lease approved by the APCHA shall show the length of the lease and the monthly rent. The monthly rent cannot exceed the Owner's costs,which include the monthly expenses for the cost of principal and interest payments, taxes, property insurance, condominium or homeowners assessments, utilities remaining in owner's name, plus an additional twenty dollars ($20)and a reasonable (refundable)security deposit. The requirements of this paragraph shall not preclude the Owner from sharing occupancy of the Property or Unit with non-owners on a rental basis provided Owner continues to meet the obligations contained in this Agreement, including Paragraph 12. 16. IN NO EVENT SHALL THE OWNER CREATE AN ADDITIONAL DWELLING UNIT, AS DEFINED IN THE PITKIN COUNTY OR CITY OF ASPEN LAND USE CODES, IN OR ON THE PROPERTY. 17. NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE THE APCHA TO PROTECT OR INDEMNIFY THE OWNER AGAINST ANY LOSSES ATTRIBUTABLE TO THE RENTAL, INCLUDING (NOT BY WAY OF LIMITATION) NON-PAYMENT OF RENT OR DAMAGE TO THE PREMISES; NOR TO REQUIRE THE APCHA TO OBTAIN A QUALIFIED TENANT FOR THE OWNER IN THE EVENT THAT NONE IS FOUND BY THE OWNER. BREACH 18. In the event that APCHA has reasonable cause to believe the Owner is violating the provisions of this Agreement, the APCHA, by it's authorized representative, may inspect the Property or Unit between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner with no less than 24 hours'written notice. 19. The APCHA, in the event a violation of this Agreement is discovered, shall send a notice of violation to the Owner detailing the nature of the violation and allowing the Owner fifteen (15) days to cure. Said notice shall state that the Owner may request a hearing before the APCHA Board of Directors within fifteen (15) days to determine the merits of the allegations. If no hearing is requested and the violation is not cured within the fifteen (15) day period, the Owner shall be considered in violation of this Agreement. If a hearing is held before the APCHA, the decision of the APCHA based on the record of such hearing shall be final for the purpose of determining if a violation has occurred. REMEDIES 20. There is hereby reserved to the parties hereto any and all remedies provided by law for breach of this Agreement or any of its terms. In the event the parties resort to litigation with respect to any or alt provisions of this Agreement, the prevailing party shall be entitled to recover damages and costs, including reasonable attorneys'fees. 21. In the event the Property or Unit is sold and/or conveyed without compliance herewith, such sale and/or conveyance shall be wholly null and void and shall confer no title whatsoever upon the purported buyer. Each and every conveyance of the Property or Unit, for all purposes, shall be deemed to include and incorporate by this reference, the covenants herein contained, even without reference therein to this Agreement. 22. In the event that the Owner fails to cure any breach, the APCHA may resort to any and all available legal action, including, but not limited to, specific performance of this Agreement or a mandatory injunction requiring sale of the Property or Unit by Owner as specified in Paragraphs 3, 11, 13, and Master Deed Restriction Page 7 111111 11111 111111 111111 11111 'I' 1111111 III 11111 I'II IIII 420488. 08/11/1998 10:088 DEED RES DAVIS SILVI 14. The costs of such sale shall be taxed against the proceeds of the sale with the balance being paid to the Owner. 23. In the event of a breach of any of the terms or conditions contained herein by the Owner, his heirs, successors or assigns, the APCHA's initial listed purchase price of the Property or Unit as set forth in Paragraph 6a of this Agreement shall, upon the date of such breach as determined by the APCHA, automatically cease to increase as set out in Paragraph 6 of this Agreement, and shall remain fixed until the date of cure of said breach. FORECLOSURE 24. If FNMA-type financing is used to purchase the Property or Unit, as determined by the APCHA, the APCHA and the Board may, pursuant to that certain Option to Purchase executed and recorded at the time the Memorandum of Acceptance is executed and recorded, the terms of which are incorporated in this Agreement by this reference as if fully set forth herein, agree to release and waive their ability to enforce the resale deed restrictions contained herein, in the event of foreclosure, provided that said Option to Purchase grants to the APCHA and the Board, as the designee of the APCHA, the option to acquire the Property or Unit within thirty (30) days after the issuance of a public trustee's deed to the holder (including assigns of the holder) of the promissory note secured by a first deed of trust for an option price not to exceed the redemption price on the last day of all statutory redemption period(s) and any additional reasonable costs incurred by the holder during the option period which are directly related to the foreclosure. In the event that APCHA or the Board, as the designee of the APCHA, exercise the option pursuant to the terms of that certain Option to Buy, described above, the APCHA and/or its/designee, may sell the Property or Unit to Qualified Buyers as that term is defined herein, or rent the Property or Unit to qualified tenants who meet the income, occupancy and all other qualifications, established by the APCHA in its Affordable Housing Guidelines until sale to a Qualified Buyer is effected. GENERAL PROVISIONS 25. Notices. Any notice, consent or approval which is required to be given hereunder shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to any address provided herein or to any subsequent mailing address of the party as long as prior written notice of the change of address has been given to the other parties to this Agreement. Said notices, consents and approvals shall be sent to the parties hereto at the following addresses unless otherwise notified in writing: To Declarant: James E. Moore Family Partnership, LLLP do Kaufman and Peterson, P.C. 315 East Hyman, Suite 305 Aspen, CO 81611 To APCHA: Aspen/Pitkin County Housing Authority 530 East Main, Lower Level Aspen, Colorado 81611 To Owner. PTO be determined by a lacer recorded Memorandum of Acceptance encumbering each individual Unit. Master Deed Restriction Page 8 1 111111 11111 111111 1111111111! III 1111111 III 11111 1111 !III 420489 08/11/1998 10:081:1 DEED RES DAVIS ST1vT • 26. Exhibits. All exhibits attached hereto (Exhibits "A", "B" and "C") are incorporated herein and by this reference made a part hereof. 27. Severability. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such document. 28. Choice of Law. This Agreement and each and every related document is to be governed and construed in accordance with the laws of the State of Colorado. 29. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. 30. Section Headings. Paragraph or section headings within this Agreement are inserted solely for convenience of reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. 31. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. 32. Gender .and Number. Whenever the context so requires herein, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. 33. Personal Liability. Owner agrees that he or she shall be personally liable for any of the transactions contemplated herein. 34. Further Actions. The parties to this Agreement agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Agreement or any agreement or document relating hereto or entered into in connection herewith. 35. Modifications. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made by writings signed by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado. Notwithstanding the foregoing, the APCHA reserves the right to amend this Agreement unilaterally where deemed necessary to effectuate the purpose and intent "of this Agreement, and where such unilateral action does not materially impair the Owner's rights under this Agreement. 36. Owner and Successors, The term "Owner" shall mean the person or persons who shall acquire an ownership interest in the Property or Unit in compliance with the terms and provisions of this Agreement; it being understood that such person or persons shall be deemed an "Owner" hereunder only during the period of his, her or their ownership interest in the Property or Unit and shall be obligated hereunder for the full and complete performance and observance of all covenants, conditions and restrictions contained herein during such period. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above first written. Master Deed Restriction 1 111111 11111 111111 111111 11111 111 1111111 111 11111 1111 1111 Page 9 420489 08/11/1998 10:088 DEED RES DAVIS SILVI 9 of 14 R 71.00 D 0.00 N 0.00 PITKIN cntorr nn DECLARANT: JAMES E. MOORE FAMILY PARTNERHSHIP, LLLP, a Colorado limited liability limited partnership By' ) ti' _ Thomas A. Moore, General Partner STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this /0 day of August, 1998, by Thomas A. Moore, General Partner of the James E. Moore Family Partnership, LLLP, a Colorado limited liability limited partnership. Witness my hand and official seal. My commissio�� 17//1/ atx)0 JANICE : JOHNSON NOTARY PUBLIC / � i STATE OF COLORADO t�Q /4-4/"-My COmmissIon Expires 4/ Not• 'ublic ACCEPTANCE BY THE ASPEN/PITKIN C• • TY HOUSING AUTHORITY The foregoing Master Deed Restriction Agreement for the Occupancy and Resale of the Moore Family Project of the Aspen/Pitkin County Housing Authority and its terms are hereby adopted and declared by the Aspen/Pitkin County Housing Authori THE ASPEN/PITKI ••UN G AUTHORITY By: /_'/ _,,..,, .utiv: for - d P r.- Pd'‘, STATE OF COLORADO ) ; easy )��11/ ) ss. S COUNTY OF PITKIN r ' ISTEASEN The foregoing instrument was acknowledged before me this / day of A ',•,, •� ve Tolen, Executive Director of the Aspen/Pitkin County Housing Authority. Witness my hand and official seal; my commission expires: 1 /))-/d Notary Public �talmmas1aCal Master Deed Restriction I I"III 11111 111111 IIIII"'lll 'I' 1111111 III 111111 I'I IIII Page 10 420489 08/11/1998 10:08f DEED RES DAVIS SILVI EXHIBIT "B" ALLOCATION OF AFFORDABLE HOUSING LOTS The Affordable Housing Lots will be established as either Category 3, Category 4, or Resident Occupied, upon the issuance of a building permit for the respective lots, which category designation shall be set forth in the individual Memorandum of Acceptance between the qualified buyer and the Aspen/Pitkin County Housing Authority. Below is the allocations of the 31 affordable housing lots. 1. The following Affordable Housing Lots are allocated for purchase by the Aspen School District: 1 RO 4-bedroom within Block D 1 RO 3-bedroom within Block F 2 Category 4 3-bedroom within Block F 3 Category 3 3-bedroom within Block C 1 Category 3 3-bedroom within Block A The Aspen School District will have the right of first offer for any of these specific units, which may come available for resale. If an owner of one of these units is no longer employed with the Aspen School District, that owner retains the right of ownership as long as that owner is a qualified employee of Pitkin County, or retires as specified in the Affordable Housing Guidelines. Further qualifications and restrictions are set forth in the Memorandum of Understanding Between the Aspen School District and the James E. Moore Family Partnership, LLLP, recorded on August 10, 1998, at Reception No. nag/I 2. The following Affordable Housing Lots are allocated for purchase by the Aspen Valley Hospital: 1 Category 3 3-bedroom within Block C • 1 Category 3 3-bedroom within Block A 1 Category 4 3-bedroom within Block F The Aspen Valley Hospital will have the right of first offer for any of these specific units, which may come available for resale. If an owner of one of these units is no longer employed with the Aspen Valley Hospital, that owner retains the right of ownership as long as that owner is a qualified employee of Pitkin County, or retires as specified in the Affordable Housing Guidelines. 3. The following Affordable Housing Lot is allocated for purchase by the Manager of the Moore Family PUD: 1 Category 3 3-bedroom within Block C 4. The following Affordable Housing Lot is allocated for purchase by a Moore Family member: 1 Category 3 3-bedroom within Block F The Moore Family will have the right of first offer for this specific unit to another member of the Moore family, who is employed in Pitkin County or retired as specified in the Affordable Housing Guidelines. The Moore Family member must qualified according to employment, but does not have to meet income, assets or occupancy requirements. Master Deed Restriction Page 12 1111111 11II1 111"1 111111 Bill III 1111111 III 111111 III I"I nnfen MO/14 /1000 iM.gpO rFFD RES DAVIS SILVI EXHIBIT "B" (continued) 5. The following Affordable Housing Lots are subject to the general lottery procedure established by the Aspen/Pitkin County Housing Authority: 3 Category 3 3-bedroom within Block C 1 Category 3 3-bedroom within Block D 5 Category 3 3-bedroom within Block A 1 Category 3 4-bedroom within Block D 2 Category 4 3-bedroom within Block D 4 Category 4 3-bedroom within Block F 2 Category 4 4-bedroom within Block 0 Master Deed Restriction 111111 11111 111111 1111111 1111111 111 111111 lir Page 13 420489 08/11/1998 10:08A DEED RES DRVIS SILVI 13 of 14 R 71.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT"C" Permitted Capital Improvements 1. The term "Permitted Capital Improvement"as used in the Agreement shall only include the following: a. Improvements or fixtures erected, installed or attached as permanent, functional, non- decorative improvements to real property, excluding repair, replacement and/or maintenance improvements; b. Improvements for energy and water conservation; c. Improvements for the benefit of seniors and/or handicapped persons; d. Improvements for health and safety protection devices; e. Improvements to add and/or finish permanent/fixed storage space; and/or f. Improvements to finish unfinished space. 2. Permitted Capital Improvements as used in this Agreement shall NOT include the following: a. Landscaping; b. Upgrades/replacements of appliances, plumbing and mechanical fixtures, carpets and.other similar items included as part of the original construction of the unit; c. The cost of adding decks and balconies, and any extension thereto; d. Jacuzzis, saunas, steam showers and other similar items; e. Improvements required to repair, replace and maintain existing fixtures, appliances, plumbing and mechanical fixtures, painting, carpeting and other similar items; and/or f. Upgrades or addition of decorative items, including lights, window coverings and other similar items. 3. All Permitted Capital Improvement items and costs shall be approved by the APCHA staff prior to being added to the Maximum Resale Price as defined herein. Master Deed Restriction Page 14 1 111111 11111 111111 111111 11111 111 1111111 111 111111 111111 420489 08/11/1998 10:088 DEED RES DAVIS SILVI arrACt*EVT ORDINANCE NO. (Series of 1999) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE "MOORS FAMILY PUD" ANNEXATION. WHEREAS, on March 29, 1999, the City Manager of the City of Aspen, on behalf of the City of Aspen, the James E. Moore Family Partnership, LLLP, Mark B Whitson, the Astri Corporation, Thomas H. Bailey, Robert M. and Nancy L. Beevers, the Zoom Flume LLC, Kevin L. Patrick, and Patricia Bakur, constituting one hundred percent of the owners of the property proposed to be annexed did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen; and WHEREAS, on April 12, 1999, the City Council did adopt Resolution No. 30, Series of 1999, finding substantial compliance with Section 31-12-107(1), C.R.S.; establishing May 24, 1999, as the date for a public hearing to determine compliance with Sections 31-12-104 and 31- _..o 11■> F 12-105, C.R.S.; and authorizing publication of said hearing; and _ � a S WHEREAS, a public hearing was held on May 24, 1999; and _az Y WHEREAS, the City Council, by resolution (Number 42, Series of 1999) at its regular tea~ =zd NIM cm meeting on May 24, 1999, following a public hearing did find and determine said Petition for B MINNa �vz `.1.m Annexation to be in substantial compliance with §§ 31-12-104 and 31-12-105, C.R.S.; and Imini Om ■ m- c WHEREAS, the City Council does hereby find and determine that approval of the =111111 cm • o IMM Z ai annexation of said territory to be in the City's best interest; and - K EN= WHEREAS, Pitkin County granted the owners of the Moore Family PUD land use in =,o .1y) o .. approvals that have been memorialized in a Subdivision Improvements Agreement and Planned Unit Development pursuant to the County's Planned Unit Development (PUD) regulations; and WHEREAS, the Pitkin County PUD regulations differ slightly from the City's PUD land use regulations and experience has indicated that on occasion, following an annexation of property into the City that has received land use approvals in the County, it becomes necessary to make minor amendments to the Final Plat and PUD; and WHEREAS, the City Council desires to allow the City's Community Development Director to approve said minor amendments to the PUD and Final Plat consistent with the County PUD land use regulations that do not clearly contradict City PUD regulations without the necessity to amend the City land use regulations or require the applicant to follow needlessly cumbersome City land use regulations for minor amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the tract of land described in the Petition for Annexation, commonly referred to as the "Moore Family PUD", and as shown on the annexation map, is hereby annexed to the City of Aspen, Colorado. Section 2. The City Clerk of the City of Aspen is hereby directed as follows: (a) To file one copy of the annexation map with the original of this annexation ordinance in the office of the City Clerk of the City of Aspen. (b) To certify and file two copies of this annexation ordinance and of the annexation map with the Clerk and Recorder of the County of Pitkin, State of Colorado. (c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this annexation ordinance and of the annexation map with the Division of Local Government of the Department of Local Affairs, State of Colorado. 1 111111 11111 111111 Iiil 11111 111111 111111 III 11111 IIII IIII 433381 07/14/1999 08:44A ORDINANC DAVIS SILVI 2 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 2 Section 3. The City Engineer of the City of Aspen is hereby directed to amend the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this annexation ordinance. Section 4. The Community Development Director is hereby authorized to approve minor PUD amendments to the Moore Family PUD which are intended to change an element or condition of the development permit; provided, however, that the proposed amendments are consistent with the following standards: a. The amendment must be a clarification or a technical correction to a plat. b. The amendment must not change the use of the proposed development between residential, commercial and tourist accommodation uses. c. The amendment must be consistent with action taken during the review of the original development and does not constitute new land development activity. d. The proposed activity does not: i. Change the basic character of the approved use of land on which the activity occurs including basic visual appearance and method of operation; ii. Increase off-site impacts in the surrounding neighborhood; iii. Endanger public health, safety or welfare; iv. Substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and v. Increase the floor area of the use by more than two (2) percent or decrease open space on the site by more than three (3) percent. Section 5. The Community Development Director is hereby authorized to approve minor plat amendments to the Moore Family PUD; provided, however, that the proposed amendments are consistent with the following standards: a. The amendment increases or does not affect the degree of compliance with land use code standards; b. The amendment is being made to a recorded plat which has been approved by the City; and c. The amendment is consistent with representations made to Pitkin County during the conceptual and detailed subdivision reviews whichever is applicable. 111 1111 11111 111111 1111 11111 111111 HU III 11111 11111111 433361 07/14/1999 08:44A ORDINANC DAVIS SILVI 3 3 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO Section 6. That 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 7. That 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 the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on the 28th day of June, 1999, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 14th day of June, 1999. � I r / Rac 1 E. Richards, Mayoi ■`t at-44 ,lArhTEST: 4 istqta . Ci Clerk °'re'yR Sh v 1 111111 11111 111111 liii 11111 111E1 111111 III 11111 Iill 1111 433381 07/14/1999 08:448 ORDINRNC DAVIS SILVI 4 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 4 FINALLY adopted, passed and approved this oday of 5; i44<-4'_ , 1999. / ..: - Peat' —„ti Rach;I E. Richards, Mayor p iji thryn S..IKy I`CI Clerk f } • ! :.J {y y �" JPW-06/22/99-G:\john\word\ords\moore.doc --' . ifI3 �4 1 111111 11111 111111 1111 11111 111111 111111 III 11111 'III lilt 433361 07/14/1999 08.44A ORDINANC DAVIS SILVI 5 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 5 ',. w \-- ,,' Fi a ° 3m... LI(1 \ aA a a K NW ; `$`tl 3v J y s dna N ' $ u A a ,n € Z l'-- rrr4eaQA�' 'Vi.i 4 .,.,,, t "�"�x '^ ,, o i °p $, I IiJ u lC,\ r 1 As r .5,N g d 8 ff 3 ' 1 .e d �� 46C11:-{ A Pr y V O 1 9$.9 y� j'1 CO '1. yA qty cd AI• ,I $84 ,,,..4o _..c , - ' 4 .g -_ - O j d 5an`oQe rm / - u v a 41 r'��� ]� en N�� a K,PCI ii.1 ,, ine a ea I N e A'h//' ats °I t. O O 8\ mow,,/0,w foie. °ns o�tn eda^9 _ // I / a,' \ w e y 3.N�o boo a' v- ry \ / d, a , t CC sC $J? v --,.. �4 3 - ry A I ill. ` i �-_t/ \ ce :_a /5/ e ,1 5 p i^ c. , ■ a / % x a A.x. 3 I I t_i_ II; .� i � \ El -^\ 1 ill 4 — 2 3 • S r m I d / /� a r 1, _ i vi / QQ ��/I tmum Amstar ii tn :v` � — v o �� yelps 8; d ., r„ i ooz =_ 37d95 E ti's / m„ . .1'T 51 Cr 4,3 E a V` I y L oy by a.. Lim<. _a 1 _i oo p �v 1It . �S ^ h v' o C I N. L\ i a u W N r Q) • 1 -� ,, \ h ae S \ ry o U - c E E c 1 �� _ � 071, n \ .o I E Fa 1 : ,al 00oe .. Y _.�..�� S o 1 a e Si a • �op1, y m c.-c \ I d 566 6 0,1_,, c° 0 ✓ o m B in mm a,,.A POO& yaaq uomory L Q , d — Z d v At _ g m I i ` omn :, W .m - a l 0 * Ir4 Id 'c Q 8_ I pvoxm 14i '",I io S 0 =`04_. 0 ty ter• n iei l_ _,� i���-i. oe' v a, / I v�go° I o .sego �'/;� 5% ; ; 8 gtl � aIlw 1� .w. �A��� ���� MI k .+ a';_ y, 1CC '1 p "11 PPP n �- 4a R ° i 40 w �la `� y �'au 4 q '�*w5 � �I" ' �.' I I a < �°: a� �5[ "� � �a uti � kip: LI Foe ,�,, -;o/� it! a 11.wy .ry_ It k l gW.f�t9 iligt_ {y w _ e" di Yaww wbw ' wa,w 4+yj.d. 4w RY 0 ,,,,E wE =$Y Sill,ill(.q 1.F.,4:0 FIRE. � ri. ��hb b b h bab4, li,b!q nb �v44,!7 bbb4 I.{. !?, 1 Ili I I I II Milli I I I I ' ... aTTACHMEIfT 4 MEMORANDUM OF UNDERSTANDING BETWEEN THE ASPEN SCHOOL DISTRICT AND THE JAMES E. MOORE FAMILY PARTNERSHIP, LLLP THIS IS A MEMORANDUM OF UNDERSTANDING ("MOU") , made and entered into this (Q day of PrU G) ST 1998 , by and between THE JAMES E. MOORE FAMILY PARTNERSHIP LLLP, a Colorado limited liability limited partnership (hereinafter referred to as "Partnership") and the Aspen School District No. 1 (hereinafter referred to as "District") . WITNESSETH A. Partnership has received final approval from the Board of County Commissioners ("BOCC") of Pitkin County for a subdivision known as The Moore Family Planned Unit Development ("PUD") , consisting of forty (40) "Free Market Residential Lots" and thirty- one (31) "Affordable Housing Units" and certain improvements to the District' s Aspen school campus (hereinafter collectively "Project") . B. The District has entered into a contract ("Contract to Buy and Sell Real Estate) with the City of Aspen ("hereinafter "City") to sell the Yellow Brick School Building- in Aspen, Colorado. Paragraph 3 .h. of the Contract calls for the Partnership and the District to enter into an agreement relating to the Partnership's commitments regarding affordable housing, conveyance of land and school improvements. AGREEMENT NOW, THEREFORE, the District and Partnership agree to the following: 1. Affordable Housing. The Partnership agrees to build eight (8) deed restricted Affordable Housing Units for use by Aspen School District employees. The units will be constructed in the three (3) phases and four (4) affordable housing Pods depicted in Exhibit A, the Moore Family PUD Revised Detailed Submission Phasing Plan and Exhibit B, the "Moore Family Planned Unit Development AH Phasing & Allocations Schedule" . Affordable housing Pod 1 will be constructed in Project Phase one (1) . Pods two (2) and three (3) are planned to be constructed in Project Phase two (2) and Pod four (4) is planned to be constructed in Project Phase three (3) . Project Phases may be combined. One four (4) bedroom unit will be constructed in Pod two (2) , Phase two (2) and sold to the District. One three (3) bedroom unit will be constructed in Pod four (4) , Phase three (3) and sold to the District. The initial 1111111 11111 11111111111 11111 Iill 111111 III 1111111111111 420481 08/11/1998 10:10A MEMO DAVIS SILVI 1 of 9 R 48.00 D 0.00 N 0.00 PITKIN COUNTY CO sales price of these two (2) units shall not exceed the maximum sales price for Category four (4) single family dwelling units as defined in the Aspen Pitkin County Housing Authority Guidelines in effect at the time of the sale. After the sale, the units will be subject to the Aspen Pitkin Housing Authority Resident Occupied (RO) guidelines for occupancy only, income and sales guidelines shall not apply. The District may rent or sell the units to District employees. The Partnership shall convey the property to the District by general warranty deed, and shall obtain at its expense a title insurance policy for the property with standard exceptions 1-4 deleted. Any other endorsements demanded by the District shall be at its own expense Six (6) additional Affordable Housing Units shall be offered for sale to qualified District employees in accordance with Exhibits A & B. As shown on Exhibit B, two (2) of the dwelling units will be deed restricted as Category 4 three bedroom units and four (4) of the dwelling units will be deed restricted Category 3 three. bedroom units. The District employees must qualify for the dwelling units in accordance with the Aspen Pitkin Housing Authority income, price and occupancy guidelines. The Partnership has agreed within the "Subdivision Improvements Agreement for The Moore Family P.U.D. " to a Free Market Residential Lot phasing schedule which is dependent upon the issuance of Certificates of Occupancy for Affordable Housing Units. The Partnership has also agreed within the "Subdivision Improvements Agreement for The Moore Family P.U. D. " , at its discretion, that it may also be entitled to Certificates of Occupancy for all or certain of the Free Market Residential Lots even though Certificates of Occupancy have not been obtained for all or part of the affordable housing units, provided Partnership submits additional security to Pitkin County in the form of a completion bond to assure completion of each representative phase of construction of the affordable housing units, as described in Exhibits A and B. 2 . Conveyance of Land. The Partnership and District agree to the minor land exchanges and easement release depicted upon the Moore Family Boundary Adjustment Map (see Exhibit C) . 3 . School Improvements. The Partnership agrees to spend up to $ 475, 000. 00 for the implementation of improvements to the Aspen School Campus on District property generally in accordance with the "Moore Fa-ily PUD: Illustrative Plan School Improvements" (see Exhibit D) . The Partnership shall contract for the construction of the improvements MUM 1111111111111111111MIIII111111 ��� 11111 ���� Jill 420491 08/11/1998 10:10A NEMO DAVIS SILVI 2 of 9 R 46.00 D 0.00 N 0.00 PITKIN COUNTY CO r _D I/1 S = A < v • ' � o N 1 cn t-4 is . p._, p. $ 0 1 \\ 3 __ \ n . �7 N N 1 r-r�'I.'..•' O /igentill at, 2 u filtI5A ) ' gpl ,,,, L. '/;tilt p '1 — mod' FFFF .-, o • pot t , aas� N L1 aaaa�, C7 $i, - - •.cr ii ril Y — .---• •I 1 AAA — II L i 1 _ ` r I 1 11111111111 111111 111111 11111 1111 111111 III 11111 1111 1111 420491 08/11/1998 10:10A MEMO DAVIS SILVI 4 of 9 R 46.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT B Moore Family Planned Unit Development Affordable Housing Allocations Schedule Affordable Housing Blocks* C D A F Totals Discretionary Allocations (13 ea) Cat Totats Moore PUD Mgr 1 Cat 3, 3 bdrm 1 1 Moore Family Member 1 Cat 3, 3 bdrm 1 1 Aspen School District 1 RO, 4 bdrm 1 1 1 RO, 3 bdrm 1 1 2 Cat 4, 3 bdrm 2 2 4 Cat 3,3 bdrm 3 1 4 Aspen Valley Hospital 2 Cat 3, 3 bdnn 1 1 2 1 Cat 4, 3 bdrm 1 1 Discretionary Totals: 5 1 2 5 13 Non-Discretionary Allocations (18 ea) 9 Cat 3, 3 bdrm 3 1 5 9 1 Cat 3,4 bdrm 1 1 6 Cat 4, 3 bdrm 2 4 8 2 Cat 4,4 bdrm 2 2 Non-Discretionary Totals: 3 6 5 4 18 Total AH Unit Allocation: 8 7 7 9 31 Totals by Size: 4 Bedroom(bdrm): 4 3 Bedroom(bdrm): 27 •Refer to Exhibit C, Moore Family PUD Phasing Plan 1 11E11 11111 111111 111111 11111 IIII 111111 III 11111 IIII 1111 420491 08/11/1998 10:108 MEMO DAVIS SILVI 5 of 9 R 46.00 D 0.00 N 0.00 PITKIN COUNTY CO a 11 3 \::IIi 7i ,, ik 1 iii?=i:1,1 11i?' ; 1! ;B;l;t 11 a 01 I,'IIIS a89»E i 111 .;!1i1y1 1 S1 ��' lit, }ti J I a 9.1 ,1111 T ,k,7 :i t I a�I' _ 1\ siliili1titi fit 1111s 1' t" 999, 11 A v �- , 1 ! 9�e 'ka ft a,el 11311 11 111 li t b l 1 :Pr-1 i T q Ii !y# r. 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Ft 4 r. j FS+±y N°a°:i a+0� 7 - 8 0111 ci x<—_ 4_� 1 •.� i \ \ 'F 1 •. d �.Ijis e ? 1 dl I e -1 it t, r � , w ra IIIII w K ;III �Il 2 ” al o _ ' eil 1.., 1 ./ / (1 la r ' 11 / 11 4111111) it � \,. _A ( -- mmul y,.tif ■F ' , o f 111 J 12 1 µII(mill,Iµ1 IµI • ■ �✓' II111 1'4 •N� ttt 11�� �� a- t ate I ig 11‘.\.,.. ° S. t, �T� 7TTTf _ 9m v _ 0 / 0 H oI re, 'r a— NI 0• MIME to rave ',/o J\ Ilt..,. "11 ` .- ("Th',.?"0 st; oB■ D ; 3=� , 2 I • a—wee _ _I , ail CI r g 4 r ii PH' ,1 \ .. — I"': ! 'Ili t ..: U crn •'lJ TrACHMEKTIs.. Tom Farrell Superintendent Aspen School District Aspen, Colorado 81611 970-925-3460 August 26, 1999 Joyce Ohlson Aspen Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Moore PUD Minor Amendment Dear Joyce: This letter authorizes Glenn Horn of Davis Horn Incorporated to submit the Moore PUD minor amendment land use application and represent the Aspen School District in the City of Aspen land use review process. Please contact me at 925-3601 if you have any questions pertaining to the land use application. Thank you. Sincerely, Tom Farrell Superintendent Aspen School District Ohlson • 1 Ann R. Rlauss Zoom Flume LLC Box 5115 Aspen, Colorado 81611 970-920-1710 August 26, 1999 Joyce Ohlson Aspen Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Moore PUD Minor Amendment Dear Joyce: This letter authorizes the Aspen School District to submit the Moore PUD minor amendment land use application. Please contact me at 920-1710 if you have any questions pertaining to the land use application. Thank you. S 'ncerely, Ann R. lauss rTh Assistant Project Manager Ohlson. 1 f V r." tr .2Jr 6I el -1-1.14. L T4 Win. 4a '�i .,, �'rRx y� 1�,, L c • L- = _ ' -- a t ■ + _ —;, i`� r 4 ' i - i' ` i— . Construction continues on affordable housing in the Moore subdivision, near the Aspen school campus. Some of the units are slated for school district employees. Ross Krlbbs photo. City rejects school housing �`1 s g� request� • Units won't be tied board member Jon Seigleever, the school district will not be allowed to place special restrictions on the to district employment employees who will live in the units—stipulations tying By Tim Mut►le the unit to their continued employment with the district, Aspen Times Staff Writer for instance—as it had hoped. "With those sik units,we desired to see some w that The Aspen School District's hopes to control six we were guaranteed that the persons who get them would Moore subdivision housing units that had already been remain with the district to help meet our needs in the allocated to school employees were dashed Monday future," Seigle explained. "Now, the employees who we night when the City Council voted not to permit special select will get[the units], and there will be no limitation housing regulations for those units. on their ownership of them. The reality is that we may The Aspen City Council voted 4 to 1 against the pro- not see these units for twenty or thirty years. posed special housing regulations during the ordinance's "I understand where the council is] coming from," second reading and public hearing Monday night. Coun- Seigle added. "The only issue for me is that they already cilman Jim Markalunas was the sole dissenter. - made an exception to earmark these units for the school The six units will be available for school employees, district in the first place." to be assigned as the district sees fit, as early as the end Last night,the district modified its request,which pre- of the month or early next year, according to school ■See Moore on page 14-A Moore •continued from page 3-A viously included four housing policy changes, to just one: Require an employee who works for the school district for less than 10 years and who owns and occu- pies one of the six Moore units to sell the unit within a year of ter- minating employment with the district. "I endorse the housing board's opinion on this in all respects," said Councilman Tom McCabe during the council's delibera- tions. "Ownership should not be tied to a specific job." "I feel the school district has lowered the bar with its request, attempting to reach a compro- mise, but I have to take housing board and Tom's position on this," said Mayor Rachel Richards."I think it's still a very good bargain for the school dis- trict. "I think it will work out to be OK," Richards continued, "and I don't want to change the rules for a problem that has not yet mani- fested." The school district will main- tain the first right of refusal should any of the owners-to-be of six units wish to sell at some point in the future, Councilman Terry Paulson noted. During the public comment peri- od,no one addressed the matter. Previously, Pitkin County commissioners had approved the school district's request to niodify housing guidelines• on the six Moore units, while the housing board denied the request. The school district will still be able to purchase two Resident Occupied units in the Moore development, which it will con- trol and rent to its employees, Seigle said. School district denied for new housing restrictions By Kathleen Carlson "We don't want employee ciao Nsw59aflw ter rights being compromised,'. said City leaders Monday denied Tom McCabe, city councilman the Aspen School District's and Aspen-Pitkin County request to require teachers to sell Housing Authority Board mem- their housing at the Moore Family bet project one year after leaving the District representatives also district. were asking to waive the mini- After eight units from the mum occupancy guidelines, James E.Moore family housing requiring that each room of an project were earmarked for the affordable housing unit be lived school district,district representa- in, saying employees without rives have been trying to attain children could rent the extra more control of who rives there. rooms out to single teachers the District representatives want the Many units, located off Maroon Creek school district recruits are Road,to be used by district work- younger and without families. If ers because of the district's high the district could rent each room rate of teacher turnover. I of a three-bedroom house, for "Retaining the housing would example, then it could provide be an incentive for teachers to stay more housing to its employees. with the school district," said City Council members agreed Glenn Horn,planning consultant that allowing one person to buy a to the school district. unit and then having the housing To keep the housing available authority rent the rest of the rooms for district employees, Aspen out would create too much School Board members wanted administrative work for the hous- to be able to force an employee ing office. who had worked with the district The school district also want- for less than 10 years to sell the ed to remove the income and unit after one year of leaving the price caps set by the housing - district. authority from the units so that But Monday night Aspen City school administrators who make t' Council members voted 4 to 1, more money could also buy a a with Aspen City Council member home. J im Markalunas dissenting,to not But to keep the units actually require employees to sell their "affordable:' council members w housing after leaving the district. refused to abandon the income b When a school employee does and price caps. a want to sell the unit, the school The housing authority board district gets the chance to buy the voted unanimously to deny the home before it goes back into the school district's requests. Aspen-Pitkin County Housing board acts as a referral agency to , Authority general affordable the city council and Board of housing pool. Pitkin County Commissioners. Markalunas said the request The county commissioners, was"somewhat reasonable,"but however,were supportive of the the rest of the board said it didn't school district's proposed want to jeopardize the chance of changes. Because the Moore the school district taking advan- homes were annexed into Aspen tage of employees by holding city limits, the City Council has housing over teachers'heads. the final say. revisit -school C Y housing rules _re uest By Tim Mutrie will live in the units—stipulations tying the unit to Aspen Times Staff Writer their continued employment with the district, Mayor Rachel Richards will suggest the City among others—as district officials had hoped. Council reconsider a request from the Aspen School Initially,the school district asked that the council District to place special rules on six housing units approve four special housing guidelines. However, slated for district employees in the new Moore sub- at a Dec.6 council meeting,the school district mod- division. ified its request to include just one special rule, The council denied that request earlier this Month. Richards said yesterday a letter she received from all five Pitkin County commissioners "We decided not to tie housing prodded her to urge the council to revisit the matter(the letter appears on page 9-A). to employment, and I think the "I feel pretty strongly about upholding [the existing housing guidelines]," Richards said, school district's right of first "but if we hadn't proceeded with the annexa- tion of the Moore property this past summer, refusal on the units should keep the decision would've been up to the county commissioners." them in good stead." And the Board of County Commissioners had approved the school district's request for - Councilman Tom McCabe special housing rules for the six Moore units that will go to district employees.The housing board, however, recommended the request be • denied. The decision ultimately rests with the City Council now that the development, adjacent to requiring an employee who works for the school the schools campus,is within the city's boundaries. district for less than 10 years and who owns and The six units will be available for school employ- occupies one of the six Moore units to sell the unit ees,to be awarded as the district sees fit, as early as within a year of ending employment with the dis- the end of the month or early next year.However,as trict. it stands now,the school district will not be allowed Nevertheless,council members voted 4-1 against - to place special restrictions on the employees who •See Housing on page 12-A Housing ■continued from page 1-A echoed those sentiments yesterday. imposing the restriction.Council- "We decided not to tie housing man Jim Markalunas was the sole to employment," McCabe said, dissenter. "and I think the school district's "In all my eight years on coun- right of first refusal on the units cil,frankly,I can't remember vot- should keep them in good stead." ing to reconsider an issue, but The school district has been that's why the mechanism is guaranteed the first right of there," Richards said. And while refusal to purchase any of the six Richards wasn't willing to say units, should the initial owners whether she would change her decide to sell. mind on the matter, she said the "The details of what was decision does warrant further agreed to ten years ago might examination and discussion. change that picture, but from Councilman Tom_ McCabe, what I know about it, I doubt I'll however, doesn't appear likely to reconsider," McCabe continued. change his mind and grant the dis- "I would have to have some com- trict's request.At the Dec.6 meet- pelting argument brought for- ing, he said: "Ownership should ward for me to reconsider." not be tied to a specific job ... I Councilmen Tony Hershey endorse the housing board's opin- and Terry Paulson could not be ion on this in all respects." He reached for comment Tuesday. Letters Another bus flight? and school districts.The goal is Dear Editor: to develop a pool of housing to Last January, my United - enable the community to attract Express Airlines flight from and retain staff in these essential Denver to Aspen was cancelled, jobs. - supposedly for maintenance. My There was some sentiment that the homes should be placed Letters ers transportation to Aspen via Unit- ` ed Express was a bus,three in the general lottery pool,but hours after cancellation of my there is such a community need •continued from page 9-A flight, and which arrived five that we decided to allow a priori- school district and the hospital to hours after we departed Denver ty classification. retain control of this specially Airport. En route we were treat- In exchange for being given designated housing. ed to a sumptuous feast of the opportunity"to move to the Shellie Roy Harper canned soda and cheese crackers. front of the line"to receive Patti Clapper Before leaving Aspen, I read affordable housing, the BOCC Leslie Lamont in one of the local newspapers and school district were requir- . Dorothea Farris that the Aspen Chamber of Com- ing that the teachers be Mick Ireland merce was strongly expressing employed by the districts.They displeasure with United Express could remain in the housing after Airlines because of their unde- retirement for a period of time to pendable service.- be determined in proportion to This January, my wife and I the number of years they worked are scheduled again from Denver for the district. The council over- to Aspen on United Express Air- turned that requirement. lines. My question is, what are Sadly, the council vote mir- our chances of actually flying rors the insidious "entitlement" into Aspen?More importantly, ethic that creeps deeper into our because of commitments, what culture and is seriously eroding are our chances of actually flying our community. Only Jim out of Aspen, and making our Markalunas, a member of an connecting flight on United Air- older generation that remembers lines at Denver? when "privilege came with We are looking forward to the responsibility,"voted against Aspen winter vacation, but not at giving a priority without corn- all looking forward to the mitment to a community obliga- prospect of being treated as tion. badly by United Express Airlines We hope that council will as I was treated last year. reconsider and will review the Larry Klipp full picture regarding the ramifi- Manassas,Va. cations of its action.We chose to allow the extra houses at Moore ' County: Please to go to a specific group because of the community's needs as a reconsider. whole.Though we can under- Dear Editor: stand your reluctance to tie hous- (This letter was originally ing to a job, any teacher not addressed to the Aspen City wishing to commit to teach while Council.) living in school housing can go It was with consternation that into the general lottery and have the undersigned county commis- the same 1-in-200 odds of get- sioners read of the City Conn- ting a home as the rest of the • cil's decision not to attach employees. employment to a housing priority Eleven local families were granted to 11 people working for denied the chance of"winning" the hospital or school districts, these homes because we felt the Recognizing the community's need to be so critical. If you can- '', growing inability to attract teach- not in good conscience tie work ers,nurses and even doctors due to job in this instance,then to the high cost of housing, the return the 11 homes to the gener- County Planning and Zoning di; ,al lottery and let all employees Commission and county corn- have a chance at there. missioners allowed a set-aside of We urge the council to reverse 11 homes in the Moore Subdivi- : Monday's decision and allow the sion for the staff of the hospital ' `. •See Letters on page 17-A ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT December 7, 1999 Ann R. Klause, Zoom Flume LLC. Box 5115 Aspen CO 81611 Re: A077-99 Moore Family PUD Amount Previous balance $346.90 H rs/Rate 11/11/99 Nic Land Use Case Load 1.00 185.00 prepared Council memo 185.00/hr 11/29/99 Nic Land Use Case Load 0.25 46.25 wrote continue memo a week earlier, revised 185.00/hr memo for Council. For planning services rendered: 1.25 $231.25 Balance due $578.15 130 South Galena Street-Aspen, Colorado 81611 -(970) 920-5090 CITY COUNCIL AGENDA December 6, 1999 5:00 P.M. I. Call to Order II. Roll Call III. Scheduled Public Appearances 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 VI. Consent Calendar (These matters may be adopted together by a single motion) a) RFTA Budget VII. Public Hearings a) Ordinance #49, 1999 —Moore PUD Housing Amendments —d2ktiect icki 4 v° b) Ordinance #52, 1999 — Code Amendment— PUD ©-F- c) Resolution #94, 1999 — Bavarian Inn Conceptual PUD d) Resolution #93, 1999 —Aspen Mountain Conceptual PUD e) Resolution #111, 1999 —Aspen Mountain Conceptual PUD VIII. Action Items IX. Information Items • X. Adjournment Next Regular Meeting December 13, 1999 COUNCIL MEETS AT NOON FOR AN INFORMAL PUBLIC DISCUSSION, BASEMENT MEETING ROOM • MEMORANDUM TO: Mayor and City Council THRU: Steve Barwick, City Manager John Worcester, City Attorney Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Nick Lelack, Planner RE: Moore Family PUD Amendment—School District Request to Change Master Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project—Second Reading/Public Hearing DATE: December 6, 1999 SUMMARY: The Aspen School District has applied for changes to the "Master Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project," which is part of the Moore Family PUD. The School District is requesting four (4) housing policy changes for the eight(8) units earmarked for them. Below is a brief description of each request followed by the City Council's, Board of County Commissioners (BOCC), and Housing Board's actions and issues raised. 1. Require an employee who works for the School District for less than 10 years and who owns and occupies a "category unit"to sell the unit within one year after terminating employment with the School District. Actions: Council: voted 4-1 to deny the request(Markalunas dissented) on First Reading. BOCC: voted 3-0 to approve the request. Housing Board: voted 4-0 to deny the request. Issues raised in support of the request: i The Moore Family intended the units to be built for and used by the School District, and the units will not be used as intended if an employee stops working for the School District and retains the unit; i The units are in close proximity to the school, therefore minimizing travel to work; i School District employees are more essential to the community than other employees; i The School Board is working on obtaining affordable housing units for District employees; and • i There is a potential for a sliding scale for retention of the units; for example, an employee may be able to retain the unit after terminating employment with the District for one-half the time of their employment term. Issues raised against the request: i The Housing Board has always maintained that ownership of a unit should not be tied to a specific job for several reasons, including: I6 Individual rights of employees might be compromised (i.e., no salary raise, unfair dismissal); and $ "indentured servitude" or classifying one employee or set of employees as more important than others in the community is not possible. i The units were not paid for or supplied by the School District; and i The District already has control over other units at the AABC, Highlands Villas, West Ranch Subdivision, Cemetery Lane. 2. Exempt a School District employee from the minimum occupancy guidelines provided that the School District employee rents any bedroom not occupied by an owner or owner's family member to a School District employee. Actions: Council: voted 5-0 to deny the request on First Reading. BOCC: voted 3-0 to approve the request. Housing Board: voted 4-0 to deny the request. Issues raised in support of the request: s The minimum occupancy guidelines of one person per bedroom precludes employees without children from acquiring a unit and renting to another employee to meet the guidelines. Issues raised against the request: i Due to the lack of affordable housing in the valley, it is imperative that minimum occupancy be met. By allowing a single person to buy a three- bedroom unit and try to regulate the rental of the other bedrooms involves more enforcement work from the Housing Office. i Many families are on the waiting list that could immediately meet this requirement. 3. Restrict the Resident Occupied (RO) units only to the occupancy guidelines and exempt them from the income and price guidelines. Actions: Council: voted 5-0 to deny the request on First Reading. BOCC: voted 3-0 to approve the request. Housing Board: voted 4-0 to deny the request. Issues raised in support of the request: 3_ Lifting the income and assets cap would allow top administrators that do not meet these requirements to purchase a unit. Issues raised against the request: i Lifting the appreciation cap would be counterproductive to keeping the units "affordable" and may result in units that escalate in price beyond future employees' (or the School District's) ability to repurchase these units. 4. Require the developer to sell the two (2) Resident Occupied (RO) units to the School District for prices not to exceed the Category four (4) guidelines. Actions: Council: voted 5-0 to deny the request on First Reading. BOCC: voted 3-0 to approve the request. Housing Board: voted 4-0 to deny the request. Issues raised in support of the request: i This is a clean-up item to make the Master Deed Restriction consistent with the agreement between the Moore Family and Aspen School District. Issues raised against the request: i Since this request is already stipulated in the agreement between the School District and the Moore Family Partnership, and was a separate agreement between the two (2) entities, it should not be added to the Master Deed Restriction. Community Development staff is not making a recommendation on this application because the nature of the request is housing policy (not land use related), which is under the purview of the City Council with advisory recommendations from the Housing Board and Housing Authority. PROPOSED MOTION: "I move to adopt Ordinance Number 49 upon Second Reading." CITY MANAGER COMMENTS: C.AhomeAActive Cascs\Moore PUD school district housingACouncil Memo second reading doc Thursday, October 21, 1999• The Aspen Times 3-A Housing board: No bending rules on school district units By Sarah S. Chung Third, a request was made to remove the "When the lottery takes place, we're Aspen Times Staff Writer appreciation caps from the Resident Occu- going to see 400 applications from Grand The Aspen School District's request to pied, or RO, units.And finally, the school Junction to Independence Pass.The inter- bend the housing rules for eight new units board wants the RO units to be sold at no est is going to be.astronomical," Helmus to be set aside for teachers got a thumbs more than Category 4 sale prices. predicted. down from the housing board last night. Glenn Horn, representing the school The final decision on the school dis- The housing board swiftly and uni- board,told the housing board that the 10- trict's exemption requests will be made by fomily rejected the district's request for year provision was the "most significant the City Council,since the Moore site was more control of the eight units that are change — the one the [school] board's annexed by the city in March. City plan- assigned for district employees in the most concerned about" ners are seeking recommendations from Moore family subdivision. But housing board members made it both the housing board and county corn- "This goes against everything the clear they believe giving the district the missioners just the same. housing policy stands for," said board right of first refusal on the eight units is Last week,commissioners recommend- member Bob Helmus. 'This is the first concession enough. ed approval of all the requested exemptions,, foot in the door to blow the whole pro- "I don't want to create any vestige of except regarding the RO appreciation caps. gram out of the water." indentured servitude,"said housing board The Moore subdivision is slated for The school board is seeking four member Tim Semrau. development on property adjacent to the exemptions to the rules governing Helmus empathized with the school school campus.It includes 40 free-market employee housing. district's dilemma—that the employees lots and 31 deed-restricted, single-family First,the district wants to regain control most likely to obtain a Moore unit are homes. Of the employee housing, eight of a Moore unit if an employee who worked tenured teachers who might retire in the units will go to the school district, three for less than 10 years with the district,quit next several years.But the setting aside of are set aside for hospital employees, and or retired. Second, the district asked for a eight units for the district is above and two will go to members of the Moore waiver of the minimum occupancy require- beyond the consideration given to any family.Eighteen units will go into the gen- ment for the three-and four-bedroom units. other organization,noted Helmus. era!lottery. P • School district may have more control over Moore housing Aspen Daily News Staff Repoa back into the Aspen-Pitkin County City leaders agreed Monday night to Affordable Housing pool. allow the school district to have the • School district employees who stay chance to get Moore affordable housing in a unit for 10 years get to keep the units back if a teacher leaves before the home for as long as they want. units go into the general housing pool. While Councilman Terry Paulson Aspen City Council members voted voted in favor of the regulations only to three to one with Councilman Tom move the issue forward, he said he McCabe dissenting to allow the district probably wouldn't support the rules to set up the following rules for their because he doesn't think it's appropriate eight units donated by the Thomas E. to tie housing to employment. Mayor Moore family located off of Maroon Rachel Richards was not at the meeting. Creek Road: Her decision will likely be the • School district employees must determining vote. commit to work for the district for 10 In December, the council voted years after buying a unit. against the school district proposal but • If a teacher who owns a unit leaves reconsidered the issue Monday because before the 10 years are up, then school of a letter written by the Pitkin Board of district employees would get the first County Commissioners urging the city chance to buy the unit before it goes leaders to change their minds. Tuesday,January 11,2000• The Aspen Times 5 City rethinks stand on school district housing By Sarah S. Chung housing to his or her employment. Aspen Times Staff Writer Council members Tom McCabe and The Aspen City Council, backing Terry Paulson disliked the idea of giv- off on an earlier stance, moved Mon- ing employers so much authority over day toward allowing the Aspen School an employee's life. District more control over its employ- "If someone stays in a job and is ee housing in the Moore subdivision. miserable, just to stay in their hous- Six of the 31 affordable housing ing, that's a bad situation," Paulson units under construction near the said. Aspen schools campus as part of the But Councilman Jim Markalunas, Moore development are assigned to who cast the only dissenting vote in the district. December,stuck to his position that Last month, the City Council teachers are a "backbone to the com- rejected a request from the school munity" and the district should not board to keep some measure of con- lose its ability to house them.. trol over who's living in the units. Councilman Tony Hershey, how- School officials wanted the ability to ever, was swayed from his earlier force out any buyer of one of the dis- opposition to the school board's trict units who puts in less than 10 request. School district officials argue years of employment with the district. that housing is the district's "number But after all five Pitkin County one problem"in recruiting and retain- commissioners appealed to the city to ing qualified employees. reconsider, Mayor Rachel Richards In the end, Paulson sided with agreed to have the council revisit the Markalunas and Hershey and the issue. Commissioners, who had council voted 3-1 on first reading to reviewed the Moore project before it allow the district to link the 10-year was annexed to the city,had agreed to employment tenure to the housing let the school district control its units. units. 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ODa, u our- m•3 cliff tj , cEYT-o.� 030005ub '5v°,w t 0 �'Li p� y Q.E> u N ° c '^ c E a E °U ?0-.A o 0 ) :o ° rag X.E z ce in (.2 s u `a y 3 os iii o > 2 E%L u 5 iti c ai L t 3 E-=: 0. z -- J ' ?)w.� 3vv drys ...0 spa f"'1 mg co°°yvEo0. °'N�sr e'= o `a >' - ,/ `�_ i c --.+eL u c c) -c y c -s-c Y O a N 5..-o-0 x w'.. >x lc Is 0 -N• •: 6� �.J; -C1 cF_ - �T� ao EA 3 E - _ MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager John Worcester, City Attorney Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Nick Lelack, Planner RE: Moore Family PUD Amendment—School District Request to Change Master Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project—First Reading DATE: October 25, 1999 SUMMARY: The Aspen School District, represented by Glenn Horn, has applied for changes to the "Master Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project," which is part of the Moore Family PUD. The Moore Family a PUD developer will sell eight(8) affordable housing units to the Aspen School District. The nature of this request is a change in housing policies concerning ,1 the deed restrictions for occupancy and resale of these eight (8) units. 4\1- q ( The applicant is requesting the following changes: 2w4t*ot "k.. w-o .) ("cc- V y 42.- 1. Require --- : . '-- ,, . n. • a •_ School District for less than 10 years Q '14-it 4 and who owns and occupies a "category unit"to sell the unit within one year after terminating employment with the School District. And, when the unit is offered for sale, the School District will be offered the first right of refusal to V-\fin resell the unit to a School Distrct emp ogee. V\\� C rrently- the Master Deed Restriction states that"The Aspen School District will have the right of first refusal for any of these specific units, which may come for resale. If an owner ofone of these units is no longer employed with the Aspen School District, that owner retains the right of ownership as long as that owner is a qualified employee of Pitkin County or retires." The reason for this request is that the applicant is concerned that an employee may acquire a unit and soon after stop working for the School District, but continue to own the unit. The unit would then no longer be available for School District employees as originally intended. nno�nn QQ 2. Exempt a School District employee from the minimum occupancy guidelines provided that the School District employee rents any bedroom not occupied by an owner or owner's family member to a School District employee. � / The reason for this request is that the current minimum occupancy guidelines of m I// one person per bedroom precludes a School District employee without children from acquiring a dwelling unit and renting a bedroom to another School District employee to meet the occupancy guidelines. i _o `--lam excc-0^11 d 3. Rest ' tt R- ia- s Sc . . . (RS . its only o ip. - . aria ex- pt em from the income and price guidelines. —t TtA5NA u ofllb"N) ino GP p re_cAcktiv., coke o PO vr-ES. The 1999 Housing Guidelines, adopted by the City of Aspen, established an �� income and assets cap. However, the Memorandum of Understanding between /' the Aspen School District and the James E. Moore Family Partnership, LLLP, recorded on August 10, 1998 states that after the units are sold to the Aspen School District "the units will be subject to the Aspen Pitkin Housing Authority Resident Occupied (RO) guidelines for occupancy only, income and sales guidelines shall not apply." It should be noted that the Housing Authority was not party to this Memorandum of Understanding. The School District contends that the Master Deed Restriction mistakenly restricts Resident Occupied (RO) units to all the RO guidelines, including income and price caps. The reason for this request is that the School District does not want to preclude top administrators from owning these units because their income or assets exceed the income and price guidelines. 4. Require the developer to sell the two (2) Resident Occupied (RO) units to the School District for prices not to exceed the Category four(4) guidelines. The Memorandum of Understanding between the Aspen School District and the James E. Moore Family Partnership, LLLP states that: "One four (4) bedroom unit will be constructed in Pod two (2), Phase two (2) and sold to the District. One three (3) bedroom unit will be constructed in Pod four (4), Phase three(3) and sold to the District. The initial sales price of these two (2) units shall not exceed the maximum sales price for Category four (4) single family dwelling units as defined in the Aspen Pitkin County Housing Authority Guidelines in effect at the time of the sale." However, the Master Deed Restriction does not require the developer to sell the units to the School District with a maximum price consistent with Category four (4) guidelines. The City of Aspen asked Pitkin County for referral comments in that the Board of County Commissioners (BOCC) approved the PUD in 1998. On October 13, 1999, the BOCC discussed the application at a work session. The BOCC voted 3- 0 to recommend that the Aspen City Council approve the four(4) requests in the application; subsequently, Suzanne Konchan, the County Manager, drafted the referral comments including the recommendation. The BOCC referral comments were not available at the time this memorandum was prepared. Staff hopes to have these comments prior to the Council meeting. In addition, the Housing Board will have reviewed the request on October 20, 1999. At the time of this writing, Community Development staff has not received the Housing Authority's memorandum and recommendation for the Housing Board, or the Housing Board's recommendation. Again, staff hopes to provide this to Council prior to the meeting on October 25. Community Development staff is not making a recommendation on this application because the nature of the request is housing policy (not land use related),which is under the purview of the City Council with advisory recommendations from the Housing Board and Housing Authority. APPLICANT: Aspen School District BACKGROUND: The Pitkin County Board of County Commissioners approved the Moore Family PUD (planned unit development) on April 7, 1998 by Resolution 98-57. Subsequently, the City of Aspen annexed the property on June 28, 1999 by Ordinance Number 24, Series 1999. The Moore Family PUD will include 31 single-family detached affordable housing units. Eighteen of the affordable housing units were required to satisfy the Moore Family PUD affordable housing mitigation as part of the Metro Area Residential Growth Management Quota System, and will be sold in the lottery system. The developer is building the remaining 13 affordable housing units to sell to the following entities: • 3 units to qualifying employees of the Aspen Valley Hospital; • 2 units to Moore Family members; and • 8 units to the Aspen School District. The 8 units allocated to the School District are categorized as follows: • 1 Resident Occupied 4-bedroom unit; • 1 Resident Occupied 3-bedroom unit; • 2 "Category 4" 3-bedroom units; and • 4 "Category 3" 3-bedroom units. PROPOSED MOTION: "I move to adopt Ordinance Number_upon First Reading." CITY MANAGER COMMENTS: C:\home\Active Cases\Moore PUD school district housing\Council Memofirst reading.doc 101 zsfrie-1 ,,, FtrSl- (' .)VnTTh - y1t-`i - 1ntic-A bz no sc-.-t...r.. rt.cce — wrC-:r rG3 -�-- `-'�y d�,cSr-.css�-,-1 L —. 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(,7c�t.rc.r\wS I nA pO..J -o ' L, raeAr Cr-A-0 61t5 pi,a:..) /— 1 MC-Cs JO C-= \C-1 c �rC..c1 1x10 1 I"\u✓ fwtuel.n-c.), HCS O.h-:C-V.gCr Cl"4•-`.'1, tfie--( e'W--p1-=i'e-e_ I; SZ� r� . ., e n 9 r-crr1 - n I 1R c.<- ;r rc, g�...l J�cwy i i`'l-c.-\ 0 7-c2 6 � z 1 4z 10 ^ ;� roF �' sr Ut 1 S(��L1Ji 1 >C-}-/1"�-� �1 I Re sL.ey- {—k2f.l-ie-� e7.n e/.`le -T „� 1�, rik,F.r:4-O S t :.L, n_3 � L..,IJ.e_ o l-c: '1 v"`cc-“±„z. — i'l c • • Pitkin County -,, it October 18, 1999 O(,1 2 2. 1999 Aspen City Council -ry " :via,,s 130 S. Galena Aspen, CO 81611 Mayor Richards and Members of City Council: The Pitkin County Commissioners reviewed the application submitted by the Aspen School District requesting modifications to the AH deed restrictions at the Moore Subdivision. As the Council is aware, the BOCC strongly supports the School District's requests. We urge the City Council to approve the amendments. During the course of our review, the Board of County Commissioners discussed the proposal to allow employees who have lived in these units for ten years (while under the District's employment), to remain in the unit post-employment. While we appreciate the willingness of the School District to reward long-term employees, we suggest that a sliding scale may be more appropriate. For example, a ten-year employee who has lived in a unit and worked for the District could be eligible for a five-year retention of the unit should they leave employment. A sliding scale that reflects approximately 50% of the tenure in the unit may better preserve affordable housing for the School District. The BOCC also discussed the School District's request for an unlimited resale price on Resident Occupied units. As their representative explained to the BOCC, the School District would like to clarify that no appreciation cap would be required on RO units. We believe that this is counterproductive and may result in units that escalate in price beyond future employees' ability to repurchase these units. These comments are simply offered for your information, and do not, in any way, reduce our support for the modifications requested by the School District. Thank you for an opportunity to offer referral comments on this application. Sincerely, PI ��N��C'�OU'Q`NTY COM SSIONERS Leslie J. Lam . tr co Administration County Commissioners County Attorney Finance and Use Tax 530 E. Main, Suite 301 Suite 301 Suite 302 530 E. Main, Suite 201 Aspen, CO 81611 530 E. Main Street 530 E. Main Street Aspen, CO 81611 (970) 920-5200 Aspen, CO 81611 Aspen, CO 81611 (970) 920-5220 ED FAX 920-5198 (970) 920-5150 (970) 920-5190 FAX 920-5230 ®PRINTRECYCLED ON PAP ER l Joyce Ohlson, 09 : 00 AM 9/21/99 , aspen school district/Moore su X-Sender: joyceo @comdev Date : Tue, 21 Sep 1999 09: 00 : 22 -0600 To: nickl From: Joyce Ohlson <joyceo @ci . aspen. co. us> Subject : aspen school district/Moore subdivision >X-Sender: amym @commons >Date : Mon, 20 Sep 1999 12 : 29 : 50 -0600 >To : joyceo @ci . aspen. co .us >From: Amy Margerum <amym @ci . aspen. co. us> >Subject : aspen school district/Moore subdivision >>X-Sender: suzannek @commons . co.pitkin. co .us »Date : Wed, 26 May 1999 15 : 12 : 26 -0600 >>To: juliew @co.pitkin. co. us, amym @co.pitkin. co. us >>From: Suzanne Konchan <suzannek @ci . aspen. co. us> >>Subject : aspen school district/Moore subdivision >>Julie Anne/Amy: >>The BOCC discussed a letter from John Seigle on behalf of the Aspen School >>District requesting amendments to the deed restrictions on the six employee >>units designated for teachers at the Moore subdivision. John and the school >>district had been advised for some time that a subdivision amendment was >>necessary to complete their request . Nonetheless, the District has yet to >>submit an amendment application. They have, however, approached the Housing >>Authority, who reviewed the proposal . The Authority recommended the >>amendments not be approved. >>We understand that members of the City Council suggested to Shellie this »Monday that the County consider the amendment before annexation. The BOCC >>was unwilling to expedite a yet to be submitted application before the >>anticipated July 1st annexation, and have directed me to tell John Seigal >>that he needs to work with the City on the amendment . I discussed this >>possibility with Julie Anne last Friday. John has now a voicemail message >>to this affect awaiting him at his office, with Julie Ann' s phone number. Printed for Nick Lelack <nickl @ci.aspen.co.us> 1 >>Having made this decision, at least two, and maybe all five of the BOCC >>members expressed a strong desire to be a part of the City Council dialogue >>when the amendment request is before Council . Amy, you and I had discussed >>the concept of a joint meeting regardless of which elected body was the >>final decision making entity. I think the BOCC would appreciate >>participating in that type of venue, understanding that the vote will be >>solely Council ' s . »I hope this e-mail is clear. I will send a copy of John ' s letter to you >>both inter-office mail . Please call me if you have questions and when a City >>Council meeting is scheduled. Thanks >>suzanne Printed for Nick Lelack <nickl @ci .aspen.co.us> 2 Joyce Ohlson, 01 : 33 PM 9/20/941 No Subject X-Sender: joyceo @comdev Date : Mon, 20 Sep 1999 13 : 33 : 18 -0600 To: nickl From: Joyce Ohlson <joyceo @ci . aspen. co. us> >To: Lelack.Nick >From: Joyce Ohlson <joyceo @ci . aspen. co.us> >Subject : Re : School Housing >>X-Sender: amym @commons >>Date: Mon, 20 Sep 1999 12 : 14 : 05 -0600 >>To: joyceo @ci . aspen. co. us >>From: Amy Margerum <amym @ci . aspen. co. us> >>Subject : Re : School Housing >>>X-Sender: davet @commons . ci . aspen. co . us >>>Date : Fri, 02 Apr 1999 11 : 21 : 49 -0700 >>>To : Amy Margerum <amym @ci . aspen. co. us> >>>From: Dave Tolen <davet @ci . aspen. co. us> >>>Subject : Re: School Housing >>>Cc: hilarys @ci . aspen. co. us >>>X-Attachments : C: \HOME\WORDDOCS\PLANNING\SCH DIST. DOC; >>> >>>Amy, >>> >>>This is scheduled for the April 7 Housing Board meeting. I have attached the >>>memo I wrote, when this was originally shceduled for an earlier meeting. We >>>have been in touch with Jon Seigle and he has a copy of the memo as well . >>> >>>Dave >>> >>>At 01 : 47 PM 3/26/99 -0700, Amy Margerum wrote : >>» Hilary: >>>> >>>>Remember the request from John Seigle re : the Moore housing and their desire >>>>to have more control over the tenants etc. . .we had talked about handling >>>>this jointly since the City is in the process of annexing the Moore >>>>property. Rachel indicated that although the Housing staff issued an >>>>opinion it had not gone to the Housing Board and should do so before it is >>>>bumped up to City Council and the BOCC. Have you given this any thought? Printed for Nick Lelack <nickl @ci .aspen.co.us> 1 >>>>Dave, will this go to the Housing Board soon? I ' d like to get back to Mr. >>>>Seigle and let him know what the status is . Thanks . >>>> >>>> >>>> >>> >>>Attachment Converted: C: \HOME\AMYM\INATTACH\SCH DIST. doc >>> Printed for Nick Lelack <nickl @ci .aspen.co.us> 2