HomeMy WebLinkAboutLand Use Case.831 Ute Ave.A04-94 CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 01124/94 PARCEL ID AND CASE NO.
DATE COMPLETE: f /A I. • 2737-182-95-101 A04-94
• STAFF MEMBER: LL
PROJECT NAME: Ute Trail Townhouses/Billings Place __Sw{:y`yhwi'a.A
Project Address: 831 Ute Avenue &-&&PU.(2 Qtiv-f. PLtr
Legal Address: Lots 14 and 15A Ute Addition
APPLICANT: Jim Pugh/Epoch Properties, Inc.
Applicant Address: 359 Carolina Ave, Winter Park, FL 32789
REPRESENTATIVE: William Lipsey
Representative Address/Phone: 414 N. Mill St. 925-3734
Aspen, CO 81611
FEES: PLANNING $ 1956 # APPS RECEIVED I
ENGINEER $ 242 # PLATS RECEIVED /
HOUSING $
ENV. HEALTH $
TOTAL $ 2198 y
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: 2 STEP: X
P&Z Meeting Date L M • - PUBLIC HEARING: I( YES NO J.4
VESTED RIGHTS: YES NO
CC Meeting Date cIJ a rD) PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO o
DRC Meeting Date
REFERRALS:
City Attorney Parks Dept. School District
City Engineer Bldg Inspector Rocky Mtn NatGas
Housing Dir. Fire Marshal CDOT
Aspen Water Holy Cross Clean Air Board
City Electric Mtn. Bell Open Space Board
Envir.Hlth. ACSD Other
Zoning Energy Center Other
DATE REFERRED: 2-! INITIALS: yti % DUE: 3I ti
FINAL ROUTING: DATE ROUTED: /) 9 " INITIAL:?/(( .
City Atty City Engineer Zoning Env. Health
Housing Open Space Other:
FILE STATUS AND LOCATION:
ORDINANCE NO.19
(SERIES OF 1994)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBSTANTIAL
AMENDMENT TO THE FINAL PUD PLAN, AN AMENDMENT TO THE GMQS EXEMPTION
FOR AFFORDABLE HOUSING FOR THE UTE TRAIL TOWNHOMES, 831 UTE AVENUE,
CITY OF ASPEN, PITRIN COUNTY, COLORADO.
WHEREAS, in 1990 the Ute Trail Townhomes final PUD development
plan was approved by the City Council; and
WHEREAS, the final development plan included four free market
dwelling units with eight parking spaces and seven affordable
dwelling units with eight parking spaces; and
WHEREAS, since the original approval, the free market units
have been reduced to three units and the employee housing four-
plex has been shifted to the northwest two feet; and
WHEREAS, the applicants, Epoch Properties and Sister City
Housing, have submitted a request to amend the 1990 final PUD
development approval to reduce the eight parking spaces for the
affordable housing to seven, construct seven garages for the
affordable housing, and amend the GMQS exemption for affordable
housing; and
WHEREAS, the Planning and Zoning Commission reviewed the
development proposal in accordance with those procedures set forth
at Section 24-6-205 (A) (8) (c) of the Municipal Code and did conduct
a public hearing therein on April 5, 1994 ; and
WHEREAS, upon review and consideration of the amendments,
agency and public comment thereon, and those applicable standards
as contained in Chapter 24 of the Municipal Code, to wit, Division
9 of Article 7 (Planned Unit Development) , the Planning and Zoning
1
Commission has recommended approval of the substantial amendments
to Ute Trail Townhomes final PUD development plan subject to
conditions, to the City Council; and
WHEREAS, the Aspen City Council has reviewed and considered
the amendments under the applicable provisions of the Municipal
Code as identified herein, has reviewed and considered those
recommendations and approvals as granted by the Planning and Zoning
Commission, and has taken and considered public comment at public
hearing; and ((���
WHEREAS, the City Council finds that the me dme�ts, with
conditions, are consistent with the approved final PUD DD development
plad and I\
WHEREAS, the City Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY_
OF ASPEN, COLORADO as follows: ' '(X
Section 1: 00(211K\ -
Pursuant to Section 24-7-907 B. of the Municipal Code, .nd - ect
to those conditions of approval as specified hereinafter, the City
Council finds as follows in regard to the amendments of the final
Planned Unit Development plan:
1. The applicant's amendments to the final plan submission is
complete and sufficient to afford review and evaluation for
approval.
2 . The amendment to the final PUD plan is consistent with or a
enhancement of the approved final development pla .
Section 2:
Pursuant to the findings set forth in Section 1 above, the City
Council grants a substantial amendment to the Ute Trail Townhomes
final PUD development plan for the reduction of eight parking
spaces for the affordable housing to seven spaces and the
2
construction of seven garage spaces with the following conditions:
1. Prior to the issuance of a change order for the garage, the
Aspen Consolidated Sanitation District shall review the draina• : -
pla for approval. • .d . .d s- e . a - • •a : - r
•e -d . . • .e - . .i . . y - -w-. . % i
2 . A five foot sidewalk area shall be provided along Ute A enue T " "
and indicated on the amended plat. Prior to the issuance ••f a ,
change order for the garage, the applicant shall sign a sidewa
curb and gutter agreement.
3 . An amended plat must be filed within 180 days of final approval
or the approval is void. The plat must be reviewed by the Planning
and Engineering Department prior to filing.
4. Utility transformers and pedestals shall be installed,
unobstructed, on the applicant's property with easements provided
as needed. Easements must be indicated on amended plat. The
location of the trash and recycle facilities must be shown on the
amended plat.
5. The applicant shall consult city engineering (920-5080) for
design considerations of development within public rights-of-way,
parks department (920-5120) for vegetation species, and shall
obtain permits for any work or development, including landscaping,
within public rights-of-way from city streets department (920-
5130) . "
6. One of each garage parking spaces shall be assigned to each AH
unit and shall be indicated on the condominium plat and outlined
in the condominium declarations.
Section 3:
The Aspen City Council approved the amendments to the GMQS
Exemption for the affordable housing at the Ute Trail Townhomes
with the following conditions:
1. If the Displaced Tenant List is exhausted and units remain
unsold, the remaining units may be sold at the Category 3
guidelines.
2 . If a resident on the Displaced Tenant List qualifies in the
Category 3 income range then a category 2 unit shall be sold at the
Category 3 guidelines.
3 . The Resident Occupied unit deed restriction shall be modified
to a Category 4 deed restriction. ico ooc w(f2S,�o "WAN` Cat
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Section 4:
All material representations and commitments made by the applicant
pursuant to the amended PUD plan approvals as herein awarded,
whether in public hearing or documentation presented before the
Planning and Zoning Commission and 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
other specific conditions.
Section 5:
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 6:
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:
A public hearing on the Ordinance shall be held on the day
of , 1994 at 5: 00 in the City Council Chambers, Aspen City
Hall, Aspen Colorado, fifteen (15) days prior to which hearing a
public notice of the same shall be published in a newspaper of
general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the day of
, 1994 .
John Bennett, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of
, 1994.
John Bennett, Mayor
Attest:
Kathryn S. Koch, City Clerk
4
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manager
FROM: Leslie Lamont, Senior Planner
DATE: May 23 , 1994
RE: Ute Trail Townhomes Final PUD Amendment, GMQS Exemption
Amendment and Vested Rights Second Reading Ordinance 19 ,
Series of 1994
SUMMARY: The applicants, Epoch Properties and Sister City Housing,
request to amend the Final PUD development plan for the Ute Trail
Townhomes. The applicants propose to construct seven garages for
the affordable housing, reduce the number of approved parking
spaces for employees from eight to seven, and amend the GMQS
exemption for the seven affordable dwelling units by revising the
required deed restrictions and sale categories.
Staff has determined that the proposed changes are substantial in
nature requiring an amendment to the final PUD development plan.
A substantial amendment to the final development plan is a two step
review process by the Commission and Council.
The Planning and Zoning Commission has reviewed the amendments at
a public hearing April 5 , 1994 . The Commission recommends approval
of the PUD amendments for the garages and defers to Council ' s
recommendations with regard to the employee housing deed
restrictions.
For your review, please find the attached proposal exhibit A.
BACKGROUND: Council reviewed first reading at the April 25
meeting. Council requested a more thorough description of the
proposed snowmelt system and decided to dicuss the amendments to
the GMQS exemption for affordable housing.
The applicant ' s are prepared to make a thorough presentation of the
snowmelt system at this meeting.
The Housing Office has enclosed additional recommendations with
regard to the amendments to the affordable housing package. Staff
•
suggests that Council need to only review the following items with
respect to an amendment to the affordable housing package:
1. changing the Resident Occupied deed restriction to a category
4 deed restriction
2 . Sister City Inc. requests to amend the category 2 sales units
and sell them as category 3 units only if the Displaced
Tenants List has been exhausted and the units are sold as part
the overall housing inventory, and/or if a resident on the
Displaced Tenants is found to be in the category 3 guidelines
the unit should be sold at category 3 prices.
There are other financial issues that Council must review with
respect to this project. However, those issues are better
discussed at the June 6 worksession that Council has scheduled to
review other matters concerning this project.
The Ordinance has been amended to reflect the proposed changes to
the GMQS Exemption for affordable housing.
Please find the Housing Office' s recent referral comments (May 12 ,
1994) as part of Exhibit B.
LOCATION: 831 Ute Avenue, Aspen Colorado
ZONING: R/MF PUD
PREVIOUS COUNCIL ACTION: Council approved the final PUD
development plan for the Ute Trail Townhomes in 1990.
REFERRAL COMMENTS: Please find referral comments attached, Exhibit
B.
APPLICANT'S REQUEST: The applicants proposed the following
amendments to the final PUD development plan for Ute Trail
Townhomes:
* reduce the approved employee housing parking from 8 to 7
on-site parking spaces;
* build a parking structure to enclose seven on-site parking
spaces; and
* amend the GMQS Exemption for affordable housing.
STAFF COMMENTS:
I. Background - The Ute Trail Townhomes final PUD development
plan was approved in 1990. The plan included four free market
townhomes along Ute Avenue each with a two car garage. Seven
affordable dwelling units were approved for the rear of the
property with eight parking spaces, two of which would have been
enclosed in a garage. All the parking would have been accessed off
of Aspen Mountain road.
Since the time of approval, the four free market units have been
reduced to three free market units. In addition, a lawsuit was
2
initiated by some adjoining neighbors. A settlement was reached
and part of that settlement required the southeastern, employee 4-
plex, to be moved two feet from the east property line. An amended
landscape plan must also be recorded because a large cottonwood
tree was lost during excavation.
II. Applicable Review -
Per Section 24-7-907 a substantial amendment to a final PUD
development plan must be reviewed pursuant to the terms and
procedures of the final development plan provided that the proposed
change is consistent with or is an enhancement of the approved
final development plan. Final development plan review requires
review by the Commission and Council with a public hearing at the
Commission meeting.
A. PUD Amendments -
1. Parking Reduction - According to the application, the eighth
parking space has been lost due to the lawsuit settlement which
required the southeastern building to be moved an additional two
feet from the east property boundary. It also appears from the
submitted plans that a 39" walkway is included in the proposed
parking scenario and the widths of the remaining parking spaces has
increased from 8 ' -6" to 10 ' -6" .
Staff requested a direct walkway from the interior parking area up
into the employee housing courtyard to prevent residents having to
walk around the parking structure to get into the courtyard and
their front doors.
The employee units have not been developed with excess storage
area. By enclosing the parking spaces and increasing the width,
residents will be able to store bikes, skis, etc. in tandem with
their automobiles .
2 . Garage: Epoch Properties propose, at their expense, to
construct enclosed parking for the seven employee parking spaces
and to snowmelt the entire paved driveway between the free market
units and the affordable units .
The new garage structure will provide seven 10 ' -6"x 18 '-6" spaces.
The total size of the structure, which includes the trash enclosure
and boiler room for the snowmelt system, is 1, 630 sq. ft.
The application presents the following comments regarding the
proposed benefit of the enclosed parking:
* Costs of the parking and snowmelt system will be borne by
the developer. The garage will give tenants additional
storage and automobile protection.
3
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'0 '* The garage will ensure "visual tidiness to what could
ifrkr otherwise be an unsightly open air storage area. " The
snowmelt system will prevent plowing and piling of snow.
* The garage will be constructed out of the same brick used
on the free market units and "visually unify the free market
units with the affordable units. "
* The parking structure will screen the employee housing
courtyard from the driveway and parking, thus providing more
outdoor privacy for the employee housing residents.
The Municipal Code does not count enclosed parking as floor area
for residential units, a 500 square foot floor area bonus is
provided for each residential unit. The Code does not
differentiate between multi-family or detached/duplex residential
land uses. In addition, surface parking does not count as open
space.
The Ute Trail Townhomes received several dimensional variations
during the PUD review of this proposal. One of the variations was
an open space variation primarily due to the development's
proximity to Glory Hole Park and the inclusion of the center
courtyard between the two affordable housing structures. The
parking requirement for the project was also varied due to the
project's proximity to the downtown commercial core including the
ski area, City Market, and RFTA routes.
B. Employee Housing Amendments - The final PUD development plan
approved seven affordable dwelling units. Six of the units were
proposed to be deed restricted to Category 2 income guidelines and
the seventh unit to Resident Occupancy.
Sister City Housing would like to amend the category 2 units with
respect to the Displaced Tenant Priority list. If a displaced
tenant does in fact qualify for a Category 3 dwelling unit the unit
should be sold at the Category 3 price.
Secondly, Sister City Housing proposes that if the list is
exhausted for the displaced tenants, unsold units will be listed
as Category 3 prices.
Finally, Sister City Housing also proposes to replace the Resident
Occupied unit as a Category 4 unit.
Sister City Housing's request is attached for your review, exhibit
C. This request was submitted prior to P&Z review. Much of the
request is important material for the June 6 worksession while a
small portion pertains to the proposed amendments for review
tonight.
4
Finally, Sister City Housing also proposes to replace the Resident
Occupied unit as a Category 3 or 4 unit or if the Resident Occupied
unit is maintained that the original deed restriction for that unit
be amended to substitute the Resident Occupied Deed Restriction
currently in use by the City and Housing Authority for the original
restriction.
Sister City Housing ' s request is attached for your review, exhibit
C.
STAFF RECOMMENDATION:
I. Garage - Although an open space variance was granted for this
project and the development is built-out at the maximum allowable
floor area, staff recommends approval of the seven enclosed parking
spaces for the following reasons:
* the additional bulk and mass will not be visible from Ute
Avenue;
* the parking area is not considered open space by code
definition, therefore "open space" is not being reduced;
* although staff has strong reservations about adding more
mass and bulk to this parcel, the benefit of enclosed parking
and additional storage outweighs these concerns; and
II. Employee Housing - Staff supports the clarification for the
Displaced Tenant List and staff supports the change from Category
2 to Category 3 guidelines only for those units that have not sold
first to displaced tenants or if displaced tenants qualify for
Category 3 housing.
However, staff does not agree with a predetermined sales price
within the category for sales to the displaced tenants. When the
final PUD development plan was approved, the units were designated
Category 2 and were intended to provide affordable sale housing for
the tenants being displaced. No specific sales prices within
Category 2 were discussed or established at that time.
The sales prices in Category 2 range from $26 , 200 to $60, 500 for
a studio, and $39 , 500 to $81, 000 for a two bedroom, assuming the
1994 Guidelines are adopted. Within this wide range any number of
tenants may not qualify for the upper end of the Category. During
the review and approval of this development, a commitment was made
by the applicant and the City to existing tenants that he effort
to develop AH on this parcel was to save them from having to leave
Aspen. Staff, in conjunction with the Director of the Housing
Authority, recommends against a specific Category 2 sales price.
5
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Commission recommends to City Council approval of the
substantial PUD amendment for Ute Trail Townhomes with the
following conditions:
1. Prior to the issuance of a change order for the garage, the
Aspen Consolidated Sanitation District shall review the drainage
plans for approval. A sand and oil separator from the garage shall
be hooked-up to the sanitary sewer.
2. A five foot sidewalk area shall be provided along Ute Avenue
and indicated on the amended plat. Prior to the issuance of a
change order for the garage, the applicant shall sign a sidewalk,
curb and gutter agreement.
3 . An amended plat must be filed within 180 days of final approval
or the approval is void. The plat must be reviewed by the Planning
and Engineering Department prior to filing.
4 . Utility transformers and pedestals shall be installed,
unobstructed, on the applicant' s property with easements provided
as needed. Easements must be indicated on amended plat. The
location of the trash and recycle facilities must be shown on the
Amended plat.
5. The applicant shall consult city engineering (920-5080) for
design considerations of development within public rights-of-way,
parks department (920-5120) for vegetation species, and shall
obtain permits for any work or development, including landscaping,
within public rights-of-way from city streets department (920-
5130) . "
6. One of each garage parking spaces shall be assigned to each AH
unit and shall be indicated on the condominium plat and outlined
in the condominium declarations.
7 . All material representations made by the applicant in the
application and during public meetings with the Planning and Zoning
Commission and Council shall be adhered to and considered
conditions of approval, unless otherwise amended by other
conditions. Specific representations shall include prohibition of
parking on the back road and Aspen Mountain Road and prohibition
of the use of the garage roof for any activities including storage.
The Commission also recommends to Council the proposed amendments
to the GMQS Exemptions with the following conditions:
1. The Displaced Tenant List shall be clarified to give first
priority to those tenants that have lived on Dean Billings property
the longest.
6
2 . If the tenant list is exhausted and units remain unsold, the
remaining units may be sold at the Category 3 guidelines.
3 . Regarding whether units should be sold at a pre-established
price in Category 2 & 3 and whether the RO deed restriction should
be amended, the Commission supports the recommendations of the
Aspen/Pitkin County Housing Authority.
4. Sister City Housing shall be use the 1994 APCHA Guidelines if
they are adopted prior to filing of deed restrictions for the
affordable housing units.
RECOMMENDED MOTION: "I move to adopt Ordinance 19, Series of 1994 ,
on second reading amending the Ute Trail Townhomes final PUD plan
and the GMQS exemption for the affordable housing dwelling units
with the conditions outlined in Ordinance 19, Series of 1994 . "
CITY MANAGER'S COMMENTS:
Ordinance 19, Series of 1994
EXHIBIT:
A. Applicant' s Proposal
B. Referral Comments
C. Sister City Housing's
D. Amended Landscape Plan
7
EXHIBIT A
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9
UTE TRAIL
TOWNHOUSES
Application to Amend Approved PUD Development Application
Submitted: 1/21/94
by
RIVER STUDIO ARCHITECTS
[William Lipsey • AIA • Principal]
414 North Mill Street
Aspen, CO 81611
ph 925-3734
fax 925-8178
INTRODUCTION: Epoch Properties Inc., owner of the Ute Trail Townhouse
project, would like to amend their approved PUD so that the 7 existing AHU
open air parking spaces would be enclosed in a garage structure with a
snowmelt system under the entire parking access area. These additional
amenities would be provided at no additional expense to the tenants/owners
of the AHU's.
Attachment 2
The following requirements are attached to this application:
1. Letter denoting authorized representative
2. Street address & legal description
3. Disclosure of Ownership
4. 8 1/2" x 11" vicinity map
5. written/graphic description of amendment proposal
Attachment 3a-Specific Submission Contents: Conceptual PUD Plan
See final PUD Development Application on file in the Planning Department.
Attachment 3b-Specific Submission Contents
la(1) A detailed site plan of the already approved PUD is attached with an
overlay that shows the proposed amendment. The complete approved
development application for this property is on file at the Planning
Department.
a
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la(2) PARKING : The originally approved PUD incorporated 8 garaged
parking spaces for the 3 Free Market Units (FMU's) and 8 open air parking
spaces for the 7 Affordable housing Units (AHU's).
After the PUD was fully approved litigation was initiated by the owners of the
adjoining Black Swan Condominiums. A settlement was reached between
Black Swan and Sister City Housing. A copy of the settlement is on file at the
Planning Department. A component of this settlement was that the 4-plex
AHU's be set back an additional 2 feet from the East property line adjoining
Black Swan. This in turn affected the surface parking for the AHU's reducing
the number of dimensionally legal parking spaces from 8 to 7.
Epoch Properties Inc., the present owner of the Ute Trails Project, wishes to
provide enclosed garages for the 7 AHU parking spaces. The total cost of this
will be borne by Epoch Properties and will not increase the cost of housing to
prospective AHU tenants or owners. In addition, Epoch Properties is
proposing that the entire paved access area to both the FMU and AHU
parking be provided with a snow melt system.
This revised parking plan provides numerous benefits to both the future
occupants of the development and to residents in the immediate
neighborhood:
1. The AHU occupants will each get an enclosed garage and a snow
melt system at no additional cost. The garage will give tenants additional
storage plus year round security and protection for their automobiles. The
presently approved parking spaces are the required minimum of 8'-6" x 18'-6".
The proposed new parking spaces will have interior dimensions of 10'-6" x
18'-6"---an increase of about 25% in width.
2. The proposed enclosed garages will insure visual tidiness to what
could otherwise be an unsightly open air storage area. The snow melt system
will also benefit the neighborhood by eliminating the need for potentially
large, unsightly piles of plowed snow.
3. The proposed garage structure is intended to be constructed out of
the same brick used on the FMU's and thus will visually unify the Affordable
and Free Market units.
4. The proposed garage structure will completely screen the parking
area of the AHU's from their outdoor courtyard thereby increasing the
privacy and quality of that space for the occupants.
la(3) Impact on Public Facilities: The proposed parking upgrade would place
no additional demand on public facilities.
1V
l0B
la(4) Development Schedule: It is anticipated the proposed upgrade would
have no affect on the present anticipated date of completion.
la(5) Public Facilities on Parcel: Not Applicable
Attachment 4 Review Standards: PUD Application
The proposed amendment is to an already approved PUD plan. There would
be no increase to density or floor area of dwelling units. The only change to
the project is the enclosure of the AHU parking spaces.
The proposed parking structure represents an amenity to the owners' of the
AHU's, the EMU's and to the neighborhood and would seem to have no
adverse affects on future development of the surrounding area. No variances
from the underlying R/MF zoning are required relative to height, setbacks,
open space or FAR.
Lighting: Indirect, movement activated lighting will be provided for the
proposed parking area as shown on the attached development plan.
'_- l0c
EXHIBIT B
MEMORANDUM
TO: LESLIE LAMONT, PLANNING
FROM: WAYNE VANDEMARK, FIRE MARSHAL
RE: UTE TRAIL TOWNHOUSES/BILLINGS
DATE: 2/2/94
OUR REVIEW OF THE APPLICATIONS DOES NOT POSE ANY PROBLEMS AT THIS
TIME. THE AREA IS APPROXIMATELY FOUR MINUTES FROM THE FIRE STATION.
THERE ARE AMPLE FIRE HYDRANTS IN THE AREA FOR FIRE SURPRESSION.
MEMORANDUM
TO: Leslie Lamont
FROM: Thomas M. Baker t � , ,-
,
DATE: May 12 , 1994
RE: Sister Cities Housing
SUMMARY: At our last regular meeting the Board made the following
findings:
1 . Change the Resident Occupied unit to Category #4 ;
2 . Allow the applicant to sell the category units in the category
#3 range for the following reasons - persons on the priority
list who have incomes in the category #3 range; and for units
left unsold after persons on the priority list have exercised
their options to purchase;
3 . Persons on the priority list be given selection preference
based on longevity;
4 . Dave Myler will provide the Board with income information at
the meeting to determine the specific sale price of the
category units.
MEMORANDUM
TO: Leslie Lamont, Senior Planner
FROM: Tom Baker, Housing Office _Y;tiJ
DATE: March 8 , 1994
RE: Referral Comment: Sister City Housing
REFERRAL COMMENT: The Housing Office finds all points in the
application (A, B, C) to be appropriate.
We offer the following additional comments:
1. The applicant should understand the RO deed restriction in the
application requires compliance with whatever RO concept is
adopted by the City Council with the exception that the
appreciation cap is set at 4% annually beginning from day one.
2 . If the RO unit is deed restricted to category #3 or #4, then
an additional subsidy will be required from the City, i.e. ,
the RO unit is expected to be priced in the $230, 000 -
$250, 000 range; maximum category #3 price is $129, 200
(proposed) and maximum category #4 price is $198, 300
(proposed) .
•
1
\-5
MEMORANDUM
To: Leslie Lamont, Planning Office
Thru: Robert Gish, Public Works Director
From: Chuck Roth, Engineering Department ale-
Date: March 3, 1994
Re: Ute Trail Townhouses/Billings Place Substantial Amendment to Final PUD
Development Plan
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
1. Parking Spaces - Neither the pre-application notes nor the application are entirely clear
that the applicant is requesting a reduction in the approved on-site parking requirements
from 8 to 7 for the affordable housing units. Since there are 7 affordable housing units,
this would result in 1 parking space per unit. Given the site constraints, the Engineering
Department is willing to withhold objections to the proposed reduction in parking,
although it is of course preferable to provide the Code maximum of 2 parking spaces per
affordable housing unit. Anything less presents the possibility of over-flow parking needs
seeking space on City streets.
The Engineering Department has no comments to the contrary regarding the
proposal to enclose the AH spaces in a garage. I checked with the Sanitation District, and
they will require a sand and oil separator for the garage space drainage hook-up to the
sanitary sewer together with provision that no outside run-off be permitted to enter the
floor drain.
2. Sidewalk - Since the applicant seeks changes to existing approvals, the City is provided
the opportunity to provide current comments on the project. At the time that the project
was in the review process, the "Pedestrian Walkway and Bikeway System Plan" (the Ped
Plan) was not adopted and in place. Now that the "Ped Plan" is in effect, we recommend
that the applicant be required to provide at least a pedestrian sidewalk area if not a
concrete sidewalk. The sidewalk area must be five feet wide, adjacent to the property,
handicap accessible, and indicated as such on the amended plat. The space between the
sidewalk area and the street will serve as a snow storage area and a buffer zone between
pedestrians and vehicular traffic. The vegetation indicated to be installed on the recorded
plats must be re-arranged in order to accomodate the pedestrian area. Section 19-181 of
the Municipal Code requires that this space ("sidewalk areas") be cleared of snow during
the winter for pedestrian use.
Also, the applicant, in order to meet the requirements of Section 19-98, must enter
a sidewalk, curb and gutter construction agreement with the City (through the Engineering
Department) prior to issuance of a certificate of occupancy.
3. Plat Amendment - A plat amendment must be filed. The plat must meet the platting
requirements of Section 24-7-1004.D of the Municipal Code.
4. Utility, Trash & Recycle Area - Any new above grade utility facilities such as
transformers and pedestals must be installed on the applicant's property and not in the
public right-of-way, with easements provided as needed. The trash area is not readily
evident on the approved plans. The plat amendment must show the location of trash and
recycle facilities. If utility meters are installed in the same area, they must no be
obstructed by trash facilities in order to protect the utility companies' abilities to read the
meters.
5. Work in the Public Rights-of-way - Given the continuous problems of unapproved work
and development in public rights-of-way, we advise the applicant as follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights-of-way, parks department
(920-5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights-of-way from city
streets department (920-5130).
The applicant shall agree to join any future improvement districts which may be formed
for the purpose of constructing improvements in the public right-of-way.
cc: Cris Caruso, Mary Lackner
M94.119
\LD
EXHIBIT C
SISTER CITY HOUSING, INC.
106 South Mill Street, Suite 202
Aspen, Colorado 81611
(303) 920-1018
January 21, 1994
Leslie Lemont
Aspen/Pitkin County Planning Department
130 South Galena
Aspen, CO 81611
RE: Billings Place - Amendment to GMQS Exemption
Dear Leslie :
Sister City Housing, Inc . is a non-profit corporation, the
members of which are the Cities of Aspen and Shimukappu, Japan .
Sister City Housing was formed to acquire the Billings property and
to facilitate development of seven (7) affordable housing units
known as Billings Place .
Please accept this letter as an application by Sister City
Housing to amend the affordable housing GMQS Exemption approval for
those units . Generally, the requested amendments will allow the
currently-approved form of deed restriction for a resident occupied
unit to be substituted for the deed restriction approved in 1990
for Unit J, will allow a change in the price and income category of
the other six (6) affordable units, and will clarify the terms and
conditions by which previously-displaced tenants are entitled to a
priority in the purchase of completed units . We further request
that this application be considered simultaneously with the
application for PUD amendment to allow garages filed by Epoch
Properties . The particular elements of each requested amendment
and an explanation of the basis for the request are described
below.
A. Resident Occupied Deed Restriction and Pricing . In
connection with PUD approval in 1990 , the Aspen City Council
approved a specific Resident Occupied Unit Deed Restriction (the
"Original Restriction" ) for Unit J. A copy of the Original
Restriction is attached as Exhibit A. It was proposed by Karinjo
and Nicholas DeVore, who intended, as its developers, to own and
occupy Unit J.
Although the language of the Original Restriction is
ambiguous, we believe that it would allow resale of Unit J to a
"qualified buyer" for any price which such buyer would be willing
to pay. In order to qualify, future buyers would have to meet the
Leslie Lemont
Aspen/Pitkin County Planning Department
January 21 , 1994
Page 2
Housing Authority requirements applicable to resident occupied
units in effect at the time of sale .
At the time that the Original Restriction was approved,
the City' s approach toward the so-called resident occupied units
had not received much scrutiny. It was seen as a loosely-defined
hybrid between a fully deed restricted unit and a free market unit
which could be used to provide an economic incentive for private
sector development of affordable housing at no monetary cost to the
public .
The circumstances surrounding the development of Billings
Place and the public policies regarding resident occupied units
have changed dramatically since 1990 . In particular, the public
will now subsidize Billings Place, and the concept of resident
occupied housing has undergone substantial refinement .
Subsequent to 1990 , the Housing Authority undertook a
comprehensive analysis of the resident occupied unit concept and
its role in the overall affordable housing program. In addition to
other specific criteria, the Housing Authority recommended to the
City Council and the Board of County Commissioners that the resale
of such units be subject to a 4% annual appreciation cap . The
Authority also recommended that there be no limit on a buyer' s
income or net worth. The appreciation cap was seen by the Housing
Authority as a means of discouraging speculation and assuring that
resident occupied units remain as affordable as possible to the
greatest number of potential future buyers . While the City Council
has not yet adopted the recommendations of the Housing Authority,
indications are that the appreciation cap is acceptable . In a
recent case involving a resident occupied lot (East Cooper
project) , the Council approved a deed restriction with the
recommended appreciation cap .
Given the extent of public investment in Billings Place
and the evolution of public policy regarding resident occupied
units , Sister City Housing believes that the 1990 PUD Agreement
should be amended to substitute the Resident Occupied Deed
Restriction currently in use by the City and Housing Authority for
the Original Restriction. A copy of the proposed deed restriction
is attached hereto as Exhibit B . The primary difference between
the two relates to the resale price . Under the Original
Restriction, there was no maximum resale price . Under the proposed
_restriction, the maximum resale price will be the initial purchase
price plus 4% per year.
Leslie Lemont
Aspen/Pitkin County Planning Department
January 21 , 1994
Page 3
As a result of previous commitments, Karinjo and Nicholas
DeVore will have the first right to purchase Unit J once the
purchase price and terms of the deed restriction are established.
Although the DeVores believe that Unit J should be classified as a
resident occupied unit , they propose that their deed restriction
allow for unlimited appreciation after three (3) years . They
believe that a cap for three (3) years will address speculation
concerns, that market forces will control future affordability, and
that unlimited appreciation after three (3) years is appropriate
for them, since that is what was contemplated in connection with
the 1990 land use approvals .
The Board of Directors of Sister City Housing have
considered in detail the history and circumstances surrounding the
DeVores' role in the development of Billings Place and their
relationship with our Japanese partners . We also reviewed at
length the evolution of the public policy regarding resident
occupied units . The Board members all believe that, to some
extent , the DeVores ' efforts and sacrifices should be recognized
and rewarded. We do not, however, believe that it is appropriate
to structure such recognition in the form of a deed restriction
containing provisions which are in stark contrast to current public
policy. Rather, the Board believes, and recommends, that the
DeVores be entitled to a monetary discount in the price of Unit J.
The Board recommends that the initial purchase price of Unit J be
equal to the cost of producing it , less $30, 000 . 00 . The cost of
producing Unit J should be somewhere between $260, 000 and $280 , 000 .
The recommended purchase price would thus be between $230 , 000 and
$250 , 000 .
B . Income and Price Categories . The 1990 PUD approval
requires that six (6) of the seven (7) units in Billings Place (2
studios and 4 two-bedrooms) be fully deed restricted and sold at
Category 2 prices to households which qualify under the Category 2
income guidelines . Based upon current information available to the
Housing Authority, a strong demand and need for owner occupied
housing exists in both Category 2 and Category 3 . In order to
afford an opportunity to decrease the public cost of this project ,
thereby making funds available for other currently-planned
projects, while still providing units which will satisfy a
demonstrated need, Sister City Housing recommends that the PUD
requirements regarding maximum income and price be amended to
provide as follows :
1 . Each unit will first be offered to the
individuals on the priority list described in paragraph
C, below, at either a Category 2 or Category 3 price,
Leslie Lemont
Aspen/Pitkin County Planning Department
January 21, 1994
Page 4
depending upon the income category of the purchaser . The
prices will be as follows :
Category 2 Category 3
Studio $ 60 , 500 $ 85 , 000
Two Bedroom $ 81, 100 $ 115 , 000
2 . Any units which remain unsold after all
priority purchasers have been exhausted will be listed
and sold as Category 3 units at the prices listed above .
C. Displaced Tenant Priority. The 1990 PUD Agreement
granted a right of first refusal to specific long-term tenants of
the Billings property . That right entitled the former tenants to
purchase a unit at a Category 2 price, provided that their
household income did not exceed Category 2 levels , and that they
otherwise qualified under the Housing Authority Guidelines . Only
those individuals who were specifically listed in an attachment to
the PUD Agreement were eligible to take advantage of the right of
first refusal . Sister City Housing wishes to clarify that, among
those tenants , priority for first choice of a unit will be based on
longevity; the person who had lived on the old Billings property
the longest will have the first choice of units .
This application also requests an amendment to that right
of first refusal that will allow a person on the priority list
whose income has increased to a Category 3 level to still be able
to exercise the right of first refusal, provided that they pay the
Category 3 price .
. Thank you for your consideration in this matter. Please be
advised that David J. Myler, Secretary of Sister City Housing, Inc .
and its legal counsel , is authorized to represent the corporation
in all proceedings in connection with this request for amendment .
Very truly yours ,
SISTER CITY HOUSING, IN
By• i,
C. A. Vidal , President
Enclosures
sister\lemon[.1[r
Exhibit A
UNIT
BILLINGS PLACE
RESALE DEED RESTRICTION
THIS RESALE DEED RESTRICTION is made and entered into
, 199_, by and between of
Pitkin County, Colorado ( hereinafter referred to as Owner) and 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 recorded in Book 605 at Page 751 of the records of the
Pitkin County Clerk and Recorder' s Office .
RECITALS
A. Owner has purchased Condominium Unit _ of the Billings
Place Condominium according to the plat thereof recorded in Plat
Book at Page of the records of the Pitkin County Clerk
and Recorder' s Office ( hereinafter referred to as the Unit) ; and
B . Owner acknowledges and agrees that the Unit is subject to
the control of APCHA as a "resident-occupied unit" which is a
dwelling unit which is limited to occupancy (but not to price or
income limitations ) by qualified employees of Pitkin County,
meeting the guidelines or approval of APCHA. The parties wish to
ensure that, on resale, Owner' s Unit is made available to satisfy
the resident-occupancy needs for housing in Aspen.
AGREEMENT
NOW, THEREFORE, in consideration of ten dollars ( $10 . 00 ) and
other good and valuable consideration paid by APCHA to Owner, the
receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows .
1 .. APCHA acknowledges Owner is a resident of Pitkin County
who has been employed, living and working in Aspen and Pitkin
County since and is qualified to own the Unit .
2 . Use and occupancy of the Unit shall, from the date of this
Agreement forward, be limited exclusively to individuals who are
residents in Pitkin County. Use, occupancy and resale of the Unit
is expressly NOT subject to the price or income limitations of
APCHA.
•
3 . This Agreement shall constitute covenants running with and
shall be a burden on the Unit for the benefit of and shall be
specifically enforceable by Owner, APCHA, the City of Aspen and
their respective successors or heirs , as applicable, by any
appropriate legal action including but not limited to injunction or
eviction of noncomplying occupants .
5
r -
4 . Owner agrees that, in the event Owner changes Owner' s
domicile or ceases to utilize the Unit as Owner' s sole and
exclusive place of residence, the Unit shall be offered for sale
pursuant to the provisions of this Agreement . Owner shall be
deemed to have changed Owner' s domicile by becoming a resident
elsewhere or residing in the Unit for fewer than nine months per
year without the express approval of APCHA.
5 . In the event Owner desires to sell the Unit, the Unit may
be sold to any resident of Pitkin County, as such term is defined
in the then current APCHA guidelines . On closing of the sale of
the Unit, Owner shall pay a fee to APCHA in an amount equal to two
percent of the sale price.
6 . In the event of foreclosure of a lien on the property,
APCHA, the City of Aspen and their respective successors shall
retain a right of first refusal for a period of 120 days over all
offers to purchase the Unit by a non-Qualified Purchaser and may
purchase the property for 95% of the maximum resale price
irrespective of the amount of the offer to purchase made by the
non-Qualified Purchaser. In the event neither APCHA nor the City
of Aspen exercises its right of first refusal, the foreclosing
party may then sell the property on the open market; and this
agreement shall be null and void and no longer encumber the
property.
7 . In the event the Unit burdened hereunder is sold and
conveyed without compliance herewith, such sale shall be wholly
null and void and shall confer no title whatsoever on the intended
purchaser. Each and every conveyance of the unit shall be, for all
purposes , deemed to include and incorporate by reference in such
instrument of conveyance, even without reference hereto, the
covenants contained herein.
8 . In the event APCHA has reasonable cause to believe Owner
is violating the provisions of this Agreement, APCHA, by its
authorized representative, may inspect the Unit between the hours
of 8 : 00 a.m. and 5 : 00 p.m. Monday through Friday after providing
the Owner with at least 24 hours ' prior written notice.
9 . In the event a violation of this Agreement is discovered
by APCHA, APCHA shall send a notice of violation to Owner
describing in detail the nature of the violation and allowing Owner
15 days to cure such violation. Such notice shall advise Owner
that Owner may request a hearing to determine the merit of the
allegations . Any such hearing shall be conducted in accordance
with grievance procedures outlined in the APCHA guidelines then
existing.
10 . In the event Owner fails to cure any breach of this
ag-eement within the time allowed by paragraph ,16; APCHA may resort
to legal action, including mandatory injunction for specific
-2-
performance of the terms of this Agreement requiring sale of the
Unit by Owner. The cost of such legal action and subsequent sale
shall be levied against the proceeds of the sale with the balance
paid to Owner.
11 . Any notice which is required to be given hereunder shall
be given by mailing the same certified mail to the address provided
below, which address may be changed or amended by written notice to
the other party.
To Owner:
To APCHA:
Aspen/Pitkin County Housing Authority
39551 Highway 82
Aspen, Colorado 81611
12 . There are 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 provision of this Agreement, the prevailing party shall be
entitled to recover as damages its costs , including reasonable
attorney fees .
13 . The term Owner as used herein shall refer to any and all
persons (without regard to number or gender) or entities having an
ownership interest in the Unit which is the subject of this
Agreement.
14 . The parties agree that modifications to this Agreement
shall be made only by writings signed by both parties , or their
successors or assigns , recorded with the Pitkin County Clerk and
Recorder's Office.
15 . Owner acknowledges he has read and fully understands and
accepts the terms and conditions of this Agreement limiting the
rental and resale of the Unit and further acknowledges that he is
relying on no oral representations qualifying or limiting the terms
hereof .
16 . This Deed Restriction and Agreement shall be recorded in
the records of the Pitkin County Clerk and Recorder's Office .
-3-
Exhibit B
THE ASPEN/PITRIN COUNTY
HOUSING AUTHORITY'S
OCCUPANCY AND RESALE DEED RESTRICTION,
AGREEMENT AND COVENANT
(RESIDENT OCCUPIED UNIT)
THIS OCCUPANCY AND RESALE DEED RESTRICTION, AGREEMENT AND
COVENANT (the "Agreement") is made and entered into this day
of , 19 , by
( "Owner") , 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.
W I T N E S S E T H:
WHEREAS, Owner has purchased from APCHA at a price of $
and owns as a result of that certain warranty deed executed on the
date hereof, an approximate square foot dwelling
("Dwelling") located on the real property more specifically
described in Exhibit A attached hereto and incorporated herein.
For purposes of this Agreement, the dwelling, the real property and .
all appurtenances, improvements and fixtures associated therewith
shall hereinafter be referred to as the "Property" ; and
WHEREAS, as a condition of the sale to the Owner of the
Property, the Owner is required to enter into this Agreement; and
WHEREAS, Owner agrees to restrict the acquisition or transfer
of the Property to "Qualified Buyers, " as that term is defined in
this Agreement. In addition, the Owner agrees that this Agreement
shall constitute a resale agreement setting forth the maximum sale
price for which the Property may be sold ("Maximum Sale Price") ,
the amount of appreciation and the terms and provisions controlling
the resale of the Property should Owner, or any subsequent owner,
desire to sell the Property at any time after the date of this
Agreement. Finally, by this Agreement, Owner agrees to restrict
the Property against use and occupancy inconsistent with this
Agreement.
WHEREAS, "Qualified Buyers" are natural persons meeting the
-esidency and all other qualifications set forth in the
Aspen/Pitkin County Housing Authority Affordable Guidelines, or its
substitute, as adopted by APCHA, or its successor, and in effect at
the time of the closing of the sale from Owner to the Qualified
Buyers (the "Affordable Housing Guidelines") and who must represent
and agree pursuant to this Agreement to occupy the Property as
their sole place of domicile, not to engage in any business
activity on the Property, and not to sell or otherwise transfer the
Property for use in a trade or business. In addition, Qualified
Buyers must demonstrate that their income and earnings are earned
primarily in Pitkin County. Any dispute regarding whether a person
is a Qualified Buyer shall be resolved by the APCHA Board of
Directors.
NOW, THEREFORE, for value received, the receipt and
sufficiency of which is hereby acknowledged, Owner hereby
represents, covenants and agrees as follows:
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 . Owner is a Qualified Buyer and, in connection with the
purchase of this Property, Owner agrees (i) to occupy the Property
as his or her sole place of residence during the time that the
Property is owned by the Owner, (ii) not to engage in any business
activity on or in the Property, (iii) to sell or otherwise transfer
the Property only in accordance with this Agreement and the
Affordable Housing Guidelines, (iv) not to sell or otherwise
transfer the Property for use in a trade or business, and (v) not
to permit any use or occupancy of the Property except in compliance
with this Agreement.
3 . (a) It shall be a breach of this 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. Owner hereby agrees to notify
APCHA, in writing, of any notification Owner receives from a
lender, or its assigns, of past due payments or default in
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 (5) 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, APCHA may offer loan counseling
or distressed loan services to Owner, if any of these services
are available, and is entitled to require Owner to sell the
Property to avoid the commencement of any foreclosure
proceeding against the Property. In the event that APCHA
determines that sale of the Property is necessary, Owner shall
immediately execute a standard Listing Contract on forms
approved by the Colorado Real Estate Commission, providing for
a thirty (30) day listing period. If a sales contract has not
been executed within the initial thirty (30) day period, Owner
shall extend the listing period for an additional one hundred
2
eighty ( 180) days , provided such extension does not conflict
with the statutory rights of any secured creditors. APCHA
shall determine if a prospective purchaser is a Qualified
Buyer, and such a determination by APCHA is a prerequisite to
any sale of the Property.
(c) Owner shall , upon closing, pay a fee to APCHA in an
amount equal to one percent (1%) of the sales price, or such
other amount as required by APCHA guidelines. In the event of
a listing of the Property pursuant to this Paragraph 3 , the
Maximum Sale Price shall be determined in accordance with
Paragraph 6 (a) below, and the Owner must accept any such
offer.
(d) Upon receipt of notice as provided in
Paragraphs 3 (a) and 3 (b) , APCHA shall have the right, in its
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 APCHA together with interest
thereon at the rate specified in the promissory note secured re
y the first deed of trust, plus one percent (1%) ,
actual expenses of APCHA incurred in curing the default.
Owner shall be required by APCHA to execute a promissory note
secured by a deed of trust encumbering the Property in favor
of APCHA for the amounts expended by APCHA as specified
herein, including future advances made for such purposes.
Owner may cure the default and satisfy its obligation to APCHA
under this subparagraph at any time prior to execution of a
contract for sale, upon such reasonable terms as specified by
APCHA. Otherwise, Owner' s indebtedness to APCHA shall be
satisfied from the Owner' s proceeds at closing.
4 . This Agreement shall constitute covenants running with
the real property, described in Exhibit A, as a burden thereon, for
the benefit of, and shall be specifically enforceable by APCHA, the
Board of County Commissioners of the County (the "Board") , the City
council for the City (the "City Council") 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 the Owner desires to sell the Property,
Owner shall execute a standard Listing Contract on forms approved
by the Colorado Real Estate Commission providing for a one hundred
eighty (180) day listing period. The Property may be sold only to
a Qualified Buyer, as determined by APCHA. Owner shall, upon
closing, pay a fee to APCHA in an amount equal to one percent (1%)
of the sales price, or such other amount as required by Affordable
-Housing Guidelines.
3
MAXIMUM SALE PRICE
6 . (a) Except as provided in Paragraphs 6 (b) and 10 below,
the Maximum Sales Price upon any re-sale of the property shall
not exceed Owner' s initial purchase price plus an increase of
four percent (4%) of such price per year, simple interest,
from the date of purchase to the date of the listing contract,
prorated at the rate of one quarter percent ( . 25%) for each
whole month for any part of a year.
(b) In the event of any sale required pursuant to
Paragraphs 3 (b) or 18 , the Maximum Sales Price shall not
exceed the amount determined in accordance with
Paragraph 6 (a) , above, or appraised value, whichever is less.
The cost of any appraisal shall be borne by the Owner.
Appreciation shall be subject to the limitations of
Paragraph 21.
(c) Nothing herein shall be construed to constitute a
representation or guarantee by APCHA, the City or the County
that on sale the owner shall obtain the listing price or the
Maximum Sale Price.
7 . All disputes between Owner and APCHA, its employees or
agents, shall be resolved in accordance with the grievance
procedures set forth in the Affordable Housing Guidelines.
8 . 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 Maximum
Sale Price specified in Paragraph 6 (a) , above the bid price so as
to induce the Owner to sell to such prospective buyer.
9 . It shall be within the Owner' s discretion to select among
competing Qualified Buyers who submit an offer for the purchase of
the Property, whether the sale is voluntary or required by this
Agreement, and without regard to any applicable sales price
limitation. In such event, Owner' s rights and obligations, except
as specified in this Agreement, shall be determined by Colorado
law.
10 . In the event that title to the Property 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 shall immediately be listed for sale
as provided in Paragraph 5 above (including the payment of the
specified fee to APCHA) , and the highest bid by. a Qualified Buyer,
for not less than ninety-five percent (95%) of the Maximum Sale
Price or the appraised market value, whichever is less, shall be
-accepted; if all bids are below ninety-five percent (95%) of the
Maximum Sale Price or the appraised market value, the Property
shall continue to be listed for sale until a bid in accordance with
4
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 to a Qualified Buyer
and shall execute any and all documents necessary to do so;
and
(b) Non-Qualified Transferee(s) agree not to (i) occupy
the Property, (ii) rent all or any part of the Property,
except in strict compliance with Paragraph 14 hereof,
(iii) engage in any other business activity on or in the
Property, (iv) sell or otherwise transfer the Property except
in accordance with this Agreement and the Affordable Housing
Guidelines, or (v) sell or otherwise transfer the Property for
use in a trade or business.
(c) APCHA, the County and the City, or their respective
successors, as applicable, shall have the right and option to
purchase the Property, exercisable within a period of fifteen
( 15) calendar days after receipt of any sales offer submitted
to APCHA by a Non-Qualified Transferee(s) , and, in the event
of exercising their right and option, shall purchase the
Property from the Non-Qualified Transferee(s) for a price of
ninety-five percent (95%) of the Maximum Sale Price, or the
appraised market value, whichever is less. The offer to
purchase shall be made by the Non-Qualified Transferee(s)
within fifteen (15) days of acquisition of the Property.
(d) Where the provisions of this Paragraph 10 apply,
APCHA may require the Owner to rent the Property in accordance
with the provisions of Paragraph 14 , below.
OWNER RESIDENCE
11. Owner represents and warrants that the Property shall be
and is to be utilized only as the sole and exclusive domicile of
owner.
12 . Owner agrees that, in the event Owner changes domicile or
ceases to utilize the Property as his sole and exclusive place of
residence, the Property 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 for fewer than nine (9) months per
calendar year without the express written approval of APCHA, or
otherwise violating the residency requirements of the applicable
APCHA guidelines. (In the event of a conflict between this
paragraph and APCHA guidelines, the guidelines shall prevail) . If
the Owner changes domicile, APCHA may require the Owner to rent the
5
Property in accordance with the provisions of Paragraph 13 , below.
APCHA may at any time request whatever information is reasonably
necessary to determine Owner's place of domicile.
RENTAL
13 . Owner may not, except with prior written approval of
APCHA, and subject to APCHA' s conditions of approval, rent the
Property for any period of time. Prior to occupancy any tenant
must be approved by the Homeowner's Association, if applicable, and
APCHA in accordance with the restrictions, limitations, and all
other qualifications established by APCHA in its Affordable Housing
Guidelines as they relate to Resident Occupied Units. APCHA shall
not approve any rental if such rental is being made by Owner to
utilize the Property an as income producing asset, except as
provided below, and shall not approve a lease with a rental term in
excess of twelve (12) months. A signed copy of the lease must be
provided to APCHA prior to occupancy by any tenant. Any such lease
approved by APCHA shall be subject to the following rent
calculations:
(a) A rental rate not to exceed the monthly expenses for
the cost of principal and interest payments, taxes, property
insurance, condominium or homeowner assessments, utilities
plus an additional Twenty Dollars ($20. 00) and a reasonable
(refundable) security deposit; or
(b) In the event that there is no outstanding mortgage
on the Property, the rental rate shall be based on Category #4
Rents for a similar unit as defined in the most current
Affordable Housing Guidelines as adopted from time to time; or
(c) Such other amount as determined in APCHA guidelines.
The requirements of this Paragraph shall not preclude the
Owner from sharing occupancy of the Property with non-owners on a
rental basis provided owner continues to meet the obligations
contained in this Agreement, including Paragraph 11.
14 . Except with the approval of APCHA, the Owner shall not
create an additional dwelling unit, as defined in the Pitkin County
or City of Aspen Land Use Code, in or on the Property.
15. Nothing herein shall be construed to require 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 APCHA to obtain a
qualified tenant for the Owner in the event that none is found by
the Owner.
6
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SITE PLAN :�U
1 1 1. L L 1. UTE AVENUE
1
Vitt b
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manager , ' ,
FROM: Leslie Lamont, Senior Planner
DATE: April 25, 1994
RE: Ute Trail Townhomes Final PUD Amendment, GMQS Exemption
Amendment and Vested Rights First Reading Ordinance ii,
Series of 1994
_=___
SUMMARY: The applicants, Epoch Properties and Sister City Housing,
request to amend the Final PUD development plan for the Ute Trail
Townhomes. The applicants propose to construct seven garages for
the affordable housing, reduce the number of approved parking
spaces for employees from eight to seven, and amend the GMQS
exemption for the seven affordable dwelling units by revising the
required deed restrictions and sale categories.
Staff has determined that the proposed changes are substantial in
nature requiring an amendment to the final PUD development plan.
A substantial amendment to the final development plan is a two step
review process by the Commission and Council.
The Planning and Zoning Commission has reviewed the amendments at
a public hearing April 5, 1994 . The Commission recommends approval
of the PUD amendments for the garages and defers to Council's
recommendations with regard to the employee housing deed
restrictions.
For your review, please find the attached proposal exhibit A.
LOCATION: 831 Ute Avenue, Aspen Colorado
ZONING: R/MF PUD
PREVIOUS COUNCIL ACTION: Council approved the final PUD
development plan for the Ute Trail Townhomes in 1990.
REFERRAL COMMENTS: Please find referral comments attached, Exhibit
B.
APPLICANT'S REQUEST: The applicants proposed the following
amendments to the final PUD development plan for Ute Trail
Townhomes:
* reduce the approved employee housing parking from 8 to 7
on-site parking spaces;
* build a parking structure to enclose seven on-site parking
spaces; and
* amend the GMQS Exemption for affordable housing by amending
the price and income restrictions for the seven affordable
dwelling units.
STAFF COMMENTS:
I. Background - The Ute Trail Townhomes final PUD development
plan was approved in 1990. The plan included four free market
townhomes along Ute Avenue each with a two car garage. Seven
affordable dwelling units were approved for the rear of the
property with eight parking spaces, two of which would have been
enclosed in a garage. All the parking would have been accessed off
of Aspen Mountain road.
Since the time of approval, the four free market units have been
reduced to three free market units. In addition, a lawsuit was
initiated by some adjoining neighbors. A settlement was reached
and part of that settlement required the southeastern, employee 4-
plex, to be moved two feet from the east property line. An amended
landscape plan must also be recorded because a large cottonwood
tree was lost during excavation.
II. Applicable Review -
Pursuant to Section 24-7-907 a substantial amendment to a final PUD
development plan must be reviewed pursuant to the terms and
procedures of the final development plan provided that the proposed
change is consistent with or an enhancement of the approved final
development plan. Final development plan review requires review
by the Commission and Council with a public hearing at the
Commission meeting.
A. POD Amendments -
1. Parking Reduction - According to the application, the eighth
parking space has been lost due to the lawsuit settlement which
required the southeastern building to be moved an additional two
feet from the east property boundary. It also appears from the
submitted plans that a 39" walkway is included in the proposed
parking scenario and the width of the new parking spaces has
increased from 8 '-6" to 10'-6" .
Staff requested a direct walkway from the interior parking area up
into the employee housing courtyard to prevent residents having to
walk around the parking structure to get into the courtyard and
their front doors.
2
The employee units have not been developed with excess storage
area. By enclosing the parking spaces and increasing the width,
residents will be able to store bikes, skis, etc. in tandem with
their automobiles.
2. Garage: Epoch Properties propose, at their expense, to
construct enclosed parking for the seven employee parking spaces
and to snowmelt the entire paved driveway between the free market
units and the affordable units.
The new garage structure will provide seven 10'-6"x 18 '-6" spaces.
The total size of the structure, which includes the trash enclosure
and boiler room for the snowmelt system, is 1, 630 sq. ft.
The application presents the following comments regarding the
proposed benefit of the enclosed parking:
* Costs of the parking and snowmelt system will be borne by
the developer. The garage will give tenants additional
storage and automobile protection.
* The garage will ensure "visual tidiness to what could
otherwise be an unsightly open air storage area. " The
snowmelt system will prevent plowing and piling of snow.
* The garage will be constructed out of the same brick used
on the free market units and "visually unify the free market
units with the affordable units. "
* The parking structure will screen the employee housing
courtyard from the driveway and parking, thus providing more
outdoor privacy for the employee housing residents.
The Municipal Code does not count enclosed parking as floor area
for residential units, a 500 square foot floor area bonus is
provided for each residential unit. The Code does not
differentiate between multi-family or detached/duplex residential
land uses. In addition, surface parking does not count as open
space.
The Ute Trail Townhomes received several dimensional variations
during the PUD review of this proposal. One of the variations was
an open space variation primarily due to the development's
proximity to Glory Hole Park and the inclusion of the center
courtyard between the two affordable housing structures. The
parking requirement for the project was also varied due to the
project's proximity to the downtown commercial core including the
ski area, City Market, and RFTA routes.
B. Haployse Housing Amendments - The final PUD development plan
approved seven affordable dwelling units. Six of the units were
3
proposed to be deed restricted to Category 2 income guidelines and
the seventh unit to Resident Occupancy.
Sister City Housing would like to clarify the Displaced Tenant
Priority list. The list grants a right of first refusal to long-
term tenants of Dean Billings property that were displaced as a
result of this development. Sister City would like to amend the
list to clarify that first priority will be given to the tenant
that has resided on the Billings property the longest. In
addition, if a displaced tenant does in fact qualify for a Category
3 dwelling unit the unit should be sold at the Category 3 price.
Secondly, Sister City Housing proposes that if the list is
exhausted for the displaced tenants, unsold units will be listed
as Category 3 prices.
Third, Sister City Housing proposes to set the sales price for the
units within Category 2 & 3 : Studio Category 2 - $60, 500, Category
3 - $85, 000; Two Bedroom Category 2 - $81, 100, Category 3 -
$115, 000.
Finally, Sister City Housing also proposes to replace the Resident
Occupied unit as a Category 3 or 4 unit or if the Resident Occupied
unit is maintained that the original deed restriction for that unit
be amended to substitute the Resident Occupied Deed Restriction
currently in use by the City and Housing Authority for the original
restriction.
Sister City Housing's request is attached for your review, exhibit
C.
STAFF RECOMMENDATION:
I. Garage - Although an open space variance was granted for this
project and the development is built-out at the maximum allowable
floor area, staff recommends approval of the seven enclosed parking
spaces for the following reasons:
* the additional bulk and mass will not be visible from Ute
Avenue;
* the parking area is not considered open space therefore the
"open space" is not being reduced;
* although staff has strong reservations about adding more
mass and bulk to this parcel, the benefit of enclosed parking
and additional storage outweighs these concerns; and
4
II. Haployss Housing - Staff supports the clarification for the
Displaced Tenant List and staff supports the change from Category
2 to Category 3 guidelines only for those units that have not sold
first to displaced tenants or if displaced tenants qualify for
Category 3 housing.
However, staff does not agree with a predetermined sales price
within the category for sales to the displaced tenants. When the
final PUB development plan was approved, the units were designated
Category 2 and were intended to provide affordable sale housing for
the tenants being displaced. No specific sales prices within
Category 2 were discussed or established at that time.
The sales prices in Category 2 range from $26,200 to $60,500 for
a studio, and $39, 500 to $81, 000 for a two bedroom, assuming the
1994 Guidelines are adopted. Within this wide range any number of
tenants may not qualify for the upper end of the Category. During
the review and approval of this development, a commitment was made
by the applicant and the City to existing tenants that he effort
to develop AH on this parcel was to save them from having to leave
Aspen. Staff, in conjunction with the Director of the Housing
Authority, recommends against a specific Category 2 sales price.
Qualified tenants from the Displaced Tenant List should be allowed
to purchase a unit within Category 2 based upon what they can
afford. In addition, the displaced tenants have not been queried
to determine whether a specific price of $60,000 for a studio or
$81, 000 for a two bedroom could be afforded or whether a lower
priced unit, still within the Category 2 guidelines, is affordable.
Staff must point out for Commission and Council benefit, that if
staff's recommendation is followed, a greater subsidy for these
units will be necessary. Likewise, if the Resident Occupied unit
status is dropped to Category 3 or 4, additional subsidy will be
required (please see APCHA referral comment, Exhibit B) .
The Commission could not make a recommendation for the request by
Sister City Hosuing to establish a specific sale price or in what
manner the Resident Occupied unit should be treated. The
Commission has deferred to Council's judgement and supports the
recommendation from the Housing Office. Council should make a
finding with regard to the Sister City Housing request.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Commission recommends to City Council approval of the
substantial PUB amendment for Ute Trail Townhomes with the
following conditions:
1. Prior to the issuance of a change order for the garage, the
Aspen Consolidated Sanitation District shall review the drainage
plans for approval. A sand and oil separator from the garage shall
be hooked-up to the sanitary sewer.
5
2 . A five foot sidewalk area shall be provided along Ute Avenue
and indicated on the amended plat. Prior to the issuance of a
change order for the garage, the applicant shall sign a sidewalk,
curb and gutter agreement.
3. An amended plat must be filed within 180 days of final approval
or the approval is void. The plat must be reviewed by the Planning
and Engineering Department prior to filing.
4. Utility transformers and pedestals shall be installed,
unobstructed, on the applicant's property with easements provided
as needed. Easements must be indicated on amended plat. The
location of the trash and recycle facilities must be shown on the
amended plat.
5. The applicant shall consult city engineering (920-5080) for
design considerations of development within public rights-of-way,
parks department (920-5120) for vegetation species, and shall
obtain permits for any work or development, including landscaping,
within public rights-of-way from city streets department (920-
5130) . °
6. One of each garage parking spaces shall be assigned to each AH
unit and shall be indicated on the condominium plat and outlined
in the condominium declarations.
7 . All material representations made by the applicant in the
application and during public meetings with the Planning and Zoning
Commission and Council shall be adhered to and considered
conditions of approval, unless otherwise amended by other
conditions. Specific representations shall include prohibition of
parking on the back road and Aspen Mountain Road and prohibition
of the use of the garage roof for any activities including storage.
The Commission also recommends to Council the proposed amendments
to the GMQS Exemptions with the following conditions:
1. The Displaced Tenant list shall be clarified to give first
priority to those tenants that have lived on Dean Billings property
the longest.
2 . If the tenant list is exhausted and units remain unsold, the
remaining units may be sold at the Category 3 guidelines.
3. Regarding whether units should be sold at a pre-established
price in Category 2 & 3 and whether the RO deed restriction should
be amended, the Commission supports the recommendations of the
Aspen/Pitkin County Housing Authority.
6
4 . Sister City Housing shall be use the 1994 APCHA Guidelines if
they are adopted prior to filing of deed restrictions for the
affordable housing units.
RECOMMENDED MOTION: "I move to read Ordinance/?, Series of 1994 . "
"I move to approve Ordinance i `, Series of 1994, on first reading
amending the Ute Trail Townhomes final PUD plan with the conditions
as recommended by the Commission. "
"I move to amend the GMQS exemption for the affordable., housing
dwelling units with the conditions outlined in Ordinance/7, Series
of 1994 . "
CITY MANAGER'S COMMENTS:
Ordinance !9, Series of 1994
EXHIBIT:
A. Applicant's Proposal
B. Referral Comments
C. Sister City Housing's
D. Amended Landscape Plan
7
ORDINANCE NOJP?
(SERIES OF 1994)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBSTANTIAL
AMENDMENT TO THE FINAL PUD PLAN, AN AMENDMENT TO THE GMQS EXEMPTION
FOR AFFORDABLE HOUSING FOR THE UTE TRAIL TOWNHOMES, 831 UTE AVENUE,
CITY OF ASPEN, PITRIN COUNTY, COLORADO.
WHEREAS, in 1990 the Ute Trail Townhomes final PUD development
plan was approved by the City Council; and
WHEREAS, the final development plan included four free market
dwelling units with eight parking spaces and seven affordable
dwelling units with eight parking spaces; and
WHEREAS, since the original approval, the free market units
have been reduced to three units and the employee housing four-
plex has been shifted to the northwest two feet; and
WHEREAS, the applicants, Epoch Properties and Sister City
Housing, have submitted a request to amend the 1990 final PUD
development approval to reduce the eight parking spaces for the
affordable housing to seven, construct seven garages for the
affordable housing, and amend the GMQS exemption for affordable
housing; and
WHEREAS, the Planning and Zoning Commission reviewed the
development proposal in accordance with those procedures set forth
at Section 24-6-205 (A) (8) (c) of the Municipal Code and did conduct
a public hearing therein on April 5, 1994 ; and
WHEREAS, upon review and consideration of the amendments,
agency and public comment thereon, and those applicable standards
as contained in Chapter 24 of the Municipal Code, to wit, Division
9 of Article 7 (Planned Unit Development) , the Planning and Zoning
1
Commission has recommended approval of the substantial amendments
to Ute Trail Townhomes final PUD development plan subject to
conditions, to the City Council; and
WHEREAS, the Aspen City Council has reviewed and considered
the amendments under the applicable provisions of the Municipal
Code as identified herein, has reviewed and considered those
recommendations and approvals as granted by the Planning and Zoning
Commission, and has taken and considered public comment at public
hearing; and
WHEREAS, the City Council finds that the amendments, with
conditions, are consistent with the approved final PUD development
plan; and
WHEREAS, the City Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare.
NOW, THEREFORE, HE IT ORDAINED HY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1:
Pursuant to Section 24-7-907 B. of the Municipal Code, and subject
to those conditions of approval as specified hereinafter, the City
Council finds as follows in regard to the amendments of the final
Planned Unit Development plan:
1. The applicant's amendments to the final plan submission is
complete and sufficient to afford review and evaluation for
approval.
2 . The amendment to the final PUD plan is consistent with or an
enhancement of the approved final development plan.
Section 2:
Pursuant to the findings set forth in Section 1 above, the City
Council grants a substantial amendment to the Ute Trail Townhomes
final PUD development plan for the reduction of eight parking
spaces for the affordable housing to seven spaces and the
2
r*4 �.
construction of seven garage spaces with the following conditions:
1. Prior to the issuance of a change order for the garage, the
Aspen Consolidated Sanitation District shall review the drainage
plans for approval. A sand and oil separator from the garage shall
be hooked-up to the sanitary sewer.
2. A five foot sidewalk area shall be provided along Ute Avenue
and indicated on the amended plat. Prior to the issuance of a
change order for the garage, the applicant shall sign a sidewalk,
curb and gutter agreement.
3 . An amended plat must be filed within 180 days of final approval
or the approval is void. The plat must be reviewed by the Planning
and Engineering Department prior to filing.
4 . Utility transformers and pedestals shall be installed,
unobstructed, on the applicant' s property with easements provided
as needed. Easements must be indicated on amended plat. The
location of the trash and recycle facilities must be shown on the
amended plat.
5. The applicant shall consult city engineering (920-5080) for
design considerations of development within public rights-of-way,
parks department (920-5120) for vegetation species, and shall
obtain permits for any work or development, including landscaping,
within public rights-of-way from city streets department (920-
5130) . "
6. One of each garage parking spaces shall be assigned to each AH
unit and shall be indicated on the condominium plat and outlined
in the condominium declarations.
Section 3:
The Aspen City Council approved the amendments to the GMQS
Exemption for the affordable housing at the Ute Trail Townhomes
with the following conditions:
1. The Displaced Tenant List shall be clarified to give first
priority to those tenants that have lived on Dean Billings property
the longest.
2 . If the tenant list is exhausted and units remain unsold, the
remaining units may be sold at the Category 3 guidelines.
3. Sister City Housing shall be use the 1994 APCHA Guidelines if
they are adopted prior to filing of deed restrictions for the
affordable housing units.
Section 4:
3
All material representations and commitments made by the applicant
pursuant to the amended PUD plan approvals as herein awarded,
whether in public hearing or documentation presented before the
Planning and Zoning Commission and 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
other specific conditions.
Section 5:
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 6:
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:
A public hearing on the Ordinance shall be held on the day
of , 1994 at 5: 00 in the City Council Chambers, Aspen City
Hall, Aspen Colorado, fifteen (15) days prior to which hearing a
public notice of the same shall be published in a newspaper of
general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the day of
, 1994 .
John Bennett, Mayor
Attest:
Kathryn 8. Koch, City Clerk
FINALLY, adopted, passed and approved this day of
, 1994.
John Bennett, Mayor
Attest:
°Kathryn 8. Koch, City Clerk
4
UTE TRAIL
TOWNHOUSES
Application to Amend Approved PUD Development Application
Submitted: 1/21/94
by
RIVER STUDIO ARCHITECTS
[William Lipsey • ALA • Principal]
414 North Mill Street
Aspen, CO 81611
ph 925-3734
fax 925-8178
INTRODUCTION: Epoch Properties Inc., owner of the Ute Trail Townhouse
project, would like to amend their approved PUD so that the 7 existing AHU
open air parking spaces would be enclosed in a garage structure with a
snowmelt system under the entire parking access area. These additional
amenities would be provided at no additional expense to the tenants/owners
of the AHD's.
Attachment 2
The following requirements are attached to this application:
1. Letter denoting authorized representative
2. Street address & legal description
3. Disclosure of Ownership
4. 8 1/2" x 11" vicinity map
5. written/graphic description of amendment proposal
Attachment 3a-Specific Submission Contents: Conceptual PUD Plan
See final PUD Development Application on file in the Planning Department.
Attachment 3b-Specific Submission Contents
la(1) A detailed site plan of the already approved PUD is attached with an
overlay that shows the proposed amendment. The complete approved
development application for this property is on file at the Planning
Department.
10 4
la(2) PARKING : The originally approved PUD incorporated 8 garaged
parking spaces for the 3 Free Market Units (FMU's) and 8 open air parking
spaces for the 7 Affordable housing Units (AHU's).
After the PUD was fully approved litigation was initiated by the owners of the
adjoining Black Swan Condominiums. A settlement was reached between
Black Swan and Sister City Housing. A copy of the settlement is on file at the
Planning Department. A component of this settlement was that the 4-plex
AHU's be set back an additional 2 feet from the East property line adjoining
Black Swan. This in turn affected the surface parking for the AHD's reducing
the number of dimensionally legal parking spaces from 8 to 7.
Epoch Properties Inc., the present owner of the Ute Trails Project, wishes to
provide enclosed garages for the 7 AHU parking spaces. The total cost of this
will be borne by Epoch Properties and will not increase the cost of housing to
prospective AHU tenants or owners. In addition, Epoch Properties is
proposing that the entire paved access area to both the FMU and AHU
parking be provided with a snow melt system.
This revised parking plan provides numerous benefits to both the future
occupants of the development and to residents in the immediate
neighborhood:
1. The AHU occupants will each get an enclosed garage and a snow
melt system at no additional cost. The garage will give tenants additional
storage plus year round security and protection for their automobiles. The
presently approved parking spaces are the required minimum of 8'-6" x 18'-6".
The proposed new parking spaces will have interior dimensions of 10'-6" x
18'-6"---an increase of about 25% in width.
2. The proposed enclosed garages will insure visual tidiness to what
could otherwise be an unsightly open air storage area. The snow melt system
will also benefit the neighborhood by eliminating the need for potentially
large, unsightly piles of plowed snow.
3. The proposed garage structure is intended to be constructed out of
the same brick used on the FMU's and thus will visually unify the Affordable
and Free Market units.
4. The proposed garage structure will completely screen the parking
area of the AHU's from their outdoor courtyard thereby increasing the
privacy and quality of that space for the occupants.
la(3) Impact on Public Facilities: The proposed parking upgrade would place
no additional demand on public facilities.
to
IDS
la(4) Development Schedule: It is anticipated the proposed upgrade would
have no affect on the present anticipated date of completion.
la(5) Public Facilities on Parcel: Not Applicable
Attachment 4 Review Standards: PUD Application
The proposed amendment is to an already approved PUD plan. There would
be no increase to density or floor area of dwelling units. The only change to
the project is the enclosure of the AHU parking spaces.
The proposed parking structure represents an amenity to the owners' of the
AHU's, the FMU's and to the neighborhood and would seem to have no
adverse affects on future development of the surrounding area. No variances
from the underlying R/MF zoning are required relative to height, setbacks,
open space or FAR
Lighting: Indirect, movement activated lighting will be provided for the
proposed parking area as shown on the attached development plan.
EXHIBIT B
MEMORANDUM
TO: LESLIE LAMONT, PLANNING
FROM: WAYNE VANDEMARK, FIRE MARSHAL
RE: UTE TRAIL TOWNHOUSES/BILLINGS
DATE: 2/2/94
OUR REVIEW OF THE APPLICATIONS DOES NOT POSE ANY PROBLEMS AT THIS
TIME. THE AREA IS APPROXIMATELY FOUR MINUTES FROM THE FIRE STATION.
THERE ARE AMPLE FIRE HYDRANTS IN THE AREA FOR FIRE SURPRESSION.
MEMORANDUM
TO: Leslie Lamont, Senior Planner
FROM: Tom Baker, Housing Office 414),
DATE: March 8 , 1994
RE: Referral Comment: Sister City Housing
REFERRAL COMMENT: The Housing Office finds all points in the
application (A, B, C) to be appropriate.
We offer the following additional comments:
1 . The applicant should understand the RO deed restriction in the
application requires compliance with whatever RO concept is
adopted by the City Council with the exception that the
appreciation cap is set at 4% annually beginning from day one.
2 . If the RO unit is deed restricted to category #3 or #4 , then
an additional subsidy will be required from the City, i. e. ,
the RO unit is expected to be priced in the $230, 000 -
$250 , 000 range; maximum category #3 price is $129, 200
(proposed) and maximum category #4 price is $198, 300
(proposed) .
1
IL
J
plats must be re-arranged in order to accomodate the pedestrian area. Section 19-181 of
the Municipal Code requires that this space ('sidewalk areas") be cleared of snow during
the winter for pedestrian use.
Also, the applicant, in order to meet the requirements of Section 19-98, must enter
a sidewalk, curb and gutter construction agreement with the City (through the Engineering
Department) prior to issuance of a certificate of occupancy.
3. Plat Amendment - A plat amendment must be filed. The plat must meet the platting
requirements of Section 24-7-1004.D of the Municipal Code.
4. Utility, Trash & Recycle Area - Any new above grade utility facilities such as
transformers and pedestals must be installed on the applicant's property and not in the
public right-of-way, with easements provided as needed. The trash area is not readily
evident on the approved plans. The plat amendment must show the location of trash and
recycle facilities. If utility meters are installed in the same area, they must no be
obstructed by trash facilities in order to protect the utility companies' abilities to read the
meters.
5. Work in the Public Rights-of-way - Given the continuous problems of unapproved work
and development in public rights-of-way, we advise the applicant as follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights-of-way, parks department
(920-5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights-of-way from city
streets department (920-5130).
The applicant shall agree to join any future improvement districts which may be formed
for the purpose of constructing improvements in the public right-of-way.
cc: Cris Caruso, Mary Lackner
N494.11,9
\ID
MEMORANDUM
To: Leslie Lamont, Planning Office (/
Thru: Robert Gish, Public Works Director 1"
From: Chuck Roth, Engineering Department C`c_
Date: March 3, 1994
Re: Ute Trail Townhouses/Billings Place Substantial Amendment to Final PUD
Development Plan
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
1. Parking Spaces - Neither the pre-application notes nor the application are entirely clear
that the applicant is requesting a reduction in the approved on-site parking requirements
from 8 to 7 for the affordable housing units. Since there are 7 affordable housing units,
this would result in 1 parking space per unit. Given the site constraints, the Engineering
Department is willing to withhold objections to the proposed reduction in parking,
although it is of course preferable to provide the Code maximum of 2 parking spaces per
affordable housing unit. Anything less presents the possibility of over-flow parking needs
seeking space on City streets.
The Engineering Department has no comments to the contrary regarding the
proposal to enclose the AH spaces in a garage. I checked with the Sanitation District, and
they will require a sand and oil separator for the garage space drainage hook-up to the
sanitary sewer together with provision that no outside run-off be permitted to enter the
floor drain.
2. Sidewalk - Since the applicant seeks changes to existing approvals, the City is provided
the opportunity to provide current comments on the project. At the time that the project
was in the review process, the "Pedestrian Walkway and Bikeway System Plan" (the Ped
Plan) was not adopted and in place. Now that the 'Ped Plan" is in effect, we recommend
that the applicant be required to provide at least a pedestrian sidewalk area if not a
concrete sidewalk. The sidewalk area must be five feet wide, adjacent to the property,
handicap accessible, and indicated as such on the amended plat. The space between the
sidewalk area and the street will serve as a snow storage area and a buffer zone between
pedestrians and vehicular traffic. The vegetation indicated to be installed on the recorded
EXHIBIT C
SISTER CITY HOUSING, INC.
106 South Mill Street, Suite 202
Aspen, Colorado 81611
(303) 920-1018
January 21 , 1994
Leslie Lemont
Aspen/Pitkin County Planning Department
130 South Galena
Aspen, CO 81611
RE : Billings Place - Amendment to GMQS Exemption
Dear Leslie :
Sister City Housing, Inc . is a non-profit corporation, the
members of which are the Cities of Aspen and Shimukappu, Japan.
Sister City Housing was formed to acquire the Billings property and
to facilitate development of seven (7) affordable housing units
known as Billings Place .
Please accept this letter as an application by Sister City
Housing to amend the affordable housing GMQS Exemption approval for
those units . Generally, the requested amendments will allow the
currently-approved form of deed restriction for a resident occupied
unit to be substituted for the deed restriction approved in 1990
for Unit J, will allow a change in the price and income category of
the other six (6 ) affordable units, and will clarify the terms and
conditions by which previously-displaced tenants are entitled to a
priority in the purchase of completed units . We further request
that this application be considered simultaneously with the
application for PUD amendment to allow garages filed by Epoch
Properties . The particular elements of each requested amendment
and an explanation of the basis for the request are described
below.
A. Resident Occupied Deed Restriction and Pricing. In
connection with PUD approval in 1990 , the Aspen City Council
approved a specific Resident Occupied Unit Deed Restriction (the
"Original Restriction" ) for Unit J. A copy of the Original
Restriction is attached as Exhibit A. It was proposed by Karinjo
and Nicholas DeVore , who intended, as its developers, to own and
occupy Unit J.
Although the language of the Original Restriction is
ambiguous, we believe that it would allow resale of Unit J to a
"qualified buyer" for any price which such buyer would be willing
to pay. In order to qualify, future buyers would have to meet the
Leslie Lemont
Aspen/Pitkin County Planning Department
January 21 , 1994
Page 2
Housing Authority requirements applicable to resident occupied
units in effect at the time of sale .
At the time that the Original Restriction was approved,
the City' s approach toward the so-called resident occupied units
had not received much scrutiny. It was seen as a loosely-defined
hybrid between a fully deed restricted unit and a free market unit
which could be used to provide an economic incentive for private
sector development of affordable housing at no monetary cost to the
public .
The circumstances surrounding the development of Billings
Place and the public policies regarding resident occupied units
have changed dramatically since 1990 . In particular, the public
will now subsidize Billings Place, and the concept of resident
occupied housing has undergone substantial refinement .
Subsequent to 1990 , the Housing Authority undertook a
comprehensive analysis of the resident occupied unit concept and
its role in the overall affordable housing program. In addition to
other specific criteria, the Housing Authority recommended to the
City Council and the Board of County Commissioners that the resale
of such units be subject to a 4% annual appreciation cap . The
Authority also recommended that there be no limit on a buyer' s
income or net worth. The appreciation cap was seen by the Housing
Authority as a means of discouraging speculation and assuring that
resident occupied units remain as affordable as possible to the
greatest number of potential future buyers . While the City Council
has not yet adopted the recommendations of the Housing Authority,
indications are that the appreciation cap is acceptable . In a
recent case involving a resident occupied lot (East Cooper
project) , the Council approved a deed restriction with the
recommended appreciation cap.
Given the extent of public investment in Billings Place
and the evolution of public policy regarding resident occupied
units , Sister City Housing believes that the 1990 PUD Agreement
should be amended to substitute the Resident Occupied Deed
Restriction currently in use by the City and Housing Authority for
the Original Restriction. A copy of the proposed deed restriction
is attached hereto as Exhibit B . The primary difference between
the two relates to the resale price . Under the Original
Restriction, there was no maximum resale price . Under the proposed
_ restriction, the maximum resale price will be the initial purchase
price plus 4% per year .
Leslie Lemont
Aspen/Pitkin County Planning Department
January 21 , 1994
Page 3
As a result of previous commitments, Karinjo and Nicholas
DeVore will have the first right to purchase Unit J once the
purchase price and terms of the deed restriction are established .
Although the DeVores believe that Unit J should be classified as a
resident occupied unit , they propose that their deed restriction
allow for unlimited appreciation after three (3) years . They
believe that a cap for three (3 ) years will address speculation
concerns, that market forces will control future affordability, and
that unlimited appreciation after three (3) years is appropriate
for them, since that is what was contemplated in connection with
the 1990 land use approvals .
The Board of Directors of Sister City Housing have
considered in detail the history and circumstances surrounding the
DeVores' role in the development of Billings Place and their
relationship with our Japanese partners . We also reviewed at
length the evolution of the public policy regarding resident
occupied units . The Board members all believe that , to some
extent , the DeVores' efforts and sacrifices should be recognized
and rewarded. We do not , however, believe that it is appropriate
to structure such recognition in the form of a deed restriction
containing provisions which are in stark contrast to current public
policy. Rather, the Board believes, and recommends, that the
DeVores be entitled to a monetary discount in the price of Unit J.
The Board recommends that the initial purchase price of Unit J be
equal to the cost of producing it , less $30 , 000 . 00 . The cost of
producing Unit J should be somewhere between $260, 000 and $280 , 000 .
The recommended purchase price would thus be between $230 , 000 and
$250 , 000 .
B . Income and Price Categories . The 1990 PUD approval
requires that six (6) of the seven (7) units in Billings Place (2
studios and 4 two-bedrooms) be fully deed restricted and sold at
Category 2 prices to households which qualify under the Category 2
income guidelines . Based upon current information available to the
Housing Authority, a strong demand and need for owner occupied
housing exists in both Category 2 and Category 3 . In order to
afford an opportunity to decrease the public cost of this project ,
thereby making funds available for other currently-planned
projects , while still providing units which will satisfy a
demonstrated need, Sister City Housing recommends that the PUD
requirements regarding maximum income and price be amended to
provide as follows :
1 . Each unit will first be offered to the
individuals on the priority list described in paragraph
C, below, at either a Category 2 or Category 3 price,
Leslie Lemont
Aspen/Pitkin County Planning Department
January 21 , 1994
Page 4
depending upon the income category of the purchaser . The
prices will be as follows :
Category 2 Category 3
Studio $ 60 , 500 $ 85 , 000
Two Bedroom $ 81 , 100 $ 115 , 000
2 . Any units which remain unsold after all
priority purchasers have been exhausted will be listed
and sold as Category 3 units at the prices listed above .
C. Displaced Tenant Priority. The 1990 PUD Agreement
granted a right of first refusal to specific long-term tenants of
the Billings property. That right entitled the former tenants to
purchase a unit at a Category 2 price, provided that their
household income did not exceed Category 2 levels , and that they
otherwise qualified under the Housing Authority Guidelines . Only
those individuals who were specifically listed in an attachment to
the PUD Agreement were eligible to take advantage of the right of
first refusal . Sister City Housing wishes to clarify that , among
those tenants, priority for first choice of a unit will be based on
longevity; the person who had lived on the old Billings property
the longest will have the first choice of units .
This application also requests an amendment to that right
of first refusal that will allow a person on the priority list
whose income has increased to a Category 3 level to still be able
to exercise the right of first refusal , provided that they pay the
Category 3 price .
. Thank you for your consideration in this matter. Please be
advised that David J . Myler, Secretary of Sister City Housing, Inc .
and its legal counsel , is authorized to represent the corporation
in all proceedings in connection with this request for amendment .
Very truly yours,
SISTER CITY HOUS/TNG, IN ,
By. 46.9! 2/<
C . A. Vidal , President
Enclosures
sister\lemont.ltr
Exhibit A
UNIT
BILLINGS PLACE
RESALE DEED RESTRICTION
THIS RESALE DEED RESTRICTION is made and entered into
, 199_, by and between of
Pitkin County, Colorado ( hereinafter referred to as Owner) and 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 recorded in Book 605 at Page 751 of the records of the
Pitkin County Clerk and Recorder's Office .
RECITALS
A. Owner has purchased Condominium Unit _ of the Billings
Place Condominium according to the plat thereof recorded in Plat
Book at Page of the records of the Pitkin County Clerk
and Recorder's Office ( hereinafter referred to as the Unit) ; and
B. Owner acknowledges and agrees that the Unit is subject to
the control of APCHA as a "resident-occupied unit" which is a
dwelling unit which is limited to occupancy (but not to price or
income limitations ) by qualified employees of Pitkin County,
meeting the guidelines or approval of APCHA. The parties wish to
ensure that, on resale, Owner' s Unit is made available to satisfy
the resident-occupancy needs for housing in Aspen.
AGREEMENT
NOW, THEREFORE, in consideration of ten dollars ( $10 . 00 ) and
other good and valuable consideration paid by APCHA to Owner, the
receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows .
1 . APCHA acknowledges Owner is a resident of Pitkin County
who has been employed, living and working in Aspen and Pitkin
County since and is qualified to own the Unit.
2 . Use and occupancy of the Unit shall , from the date of this
Agreement forward, be limited exclusively, to individuals who are
residents in Pitkin County. Use, occupancy and resale of the Unit
is expressly NOT subject to the price or income limitations of
APCHA.
3 . This Agreement shall constitute covenants running with and
shall be a burden on the Unit for the benefit of and shall be
specifically enforceable by Owner, APCHA, the City of Aspen and
their respective successors or heirs , as applicable, by any
appropriate legal action including but not limited to injunction or
eviction of noncomplying occupants .
5
r
4 . Owner agrees that, in the event Owner changes Owner ' s
domicile or ceases to utilize the Unit as Owner' s sole and
exclusive place of residence, the Unit shall be offered for sale
pursuant to the provisions of this Agreement . Owner shall be
deemed to have changed Owner' s domicile by becoming a resident
elsewhere or residing in the Unit for fewer than nine months per
year without the express approval of APCHA.
5 . In the event Owner desires to sell the Unit, the Unit may
be sold to any resident of Pitkin County, as such term is defined
in the then current APCHA guidelines . On closing of the sale of
the Unit, Owner shall pay a fee to APCHA in an amount equal to two
percent of the sale price .
6 . In the event of foreclosure of a lien on the property,
APCHA, the City of Aspen and their respective successors shall
retain a right of first refusal for a period of 120 days over all
offers to purchase the Unit by a non-Qualified Purchaser and may
purchase the property for 95% of the maximum resale price
irrespective of the amount of the offer to purchase made by the
non-Qualified Purchaser. In the event neither APCHA nor the City
of Aspen exercises its right of first refusal , the foreclosing
party may then sell the property on the open market; and this
agreement shall be null and void and no longer encumber the
property.
7 . In the event the Unit burdened hereunder is sold and
conveyed without compliance herewith, such sale shall be wholly
null and void and shall confer no title whatsoever on the intended
purchaser. Each and every conveyance of the unit shall be, for all
purposes, deemed to include and incorporate by reference in such
instrument of conveyance, even without reference hereto, the
covenants contained herein.
8 . In the event APCHA has reasonable cause to believe Owner
is violating the provisions of this Agreement, APCHA, by its
authorized representative, may inspect the Unit between the hours
of 8 :00 a.m. and 5 : 00 p.m. Monday through Friday after providing
the Owner with at least 24 hours ' prior written notice.
9 . In the event a violation of this Agreement is discovered
by APCHA, APCHA shall send a notice of violation to Owner
describing in detail the nature of the violation and allowing Owner
15 days to cure such violation. Such notice shall advise Owner
that Owner may request a hearing to determine the merit of the
allegations . Any such hearing shall be conducted in accordance
with grievance procedures outlined in the APCHA guidelines then
existing.
10. In the event Owner fails to cure any breach of this
agreement within the time allowed by paragraph k6; APCHA may resort
to legal action, including mandatory injunction for specific
-2-
performance of the terms of this Agreement requiring sale of the
Unit by Owner. The cost of such legal action and subsequent sale
shall be levied against the proceeds of the sale with the balance
paid to Owner.
11 . Any notice which is required to be given hereunder shall
be given by mailing the same certified mail to the address provided
below, which address may be changed or amended by written notice to
the other party.
To Owner:
To APCHA:
Aspen/Pitkin County Housing Authority
39551 Highway 82
Aspen, Colorado 81611
12 . There are 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 provision of this Agreement, the prevailing party shall be
entitled to recover as damages its costs , including reasonable
attorney fees .
13 . The term Owner as used herein shall refer to any and all
persons (without regard to number or gender) or entities having an
ownership interest in the Unit which is the subject of this
Agreement .
14 . The parties agree that modifications to this Agreement
shall be made only by writings signed by both parties , or their
successors or assigns , recorded with the Pitkin County Clerk and
Recorder' s Office.
15 . Owner acknowledges "he has read and fully understands and
accepts the terms and conditions of this Agreement limiting the
rental and resale of the Unit and further acknowledges that he is
relying on no oral representations qualifying or limiting the terms
hereof .
16 . This Deed Restriction and Agreement shall be recorded in
the records of the Pitkin County Clerk and Recorder's Office .
-3-
Asiok
•
Exhibit B
THE ASPEN/PITKIN COUNTY
HOUSING AUTHORITY' S
OCCUPANCY AND RESALE DEED RESTRICTION,
AGREEMENT AND COVENANT
(RESIDENT OCCUPIED UNIT)
THIS OCCUPANCY AND RESALE DEED RESTRICTION, AGREEMENT AND
COVENANT (the "Agreement") is made and entered into this day
of , 19 , by
( "Owner") , 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.
W I T N E S S E T H:
WHEREAS, Owner has purchased from APCHA at a price of $
and owns as a result of that certain warranty deed executed on the
date hereof, an approximate square foot dwelling
("Dwelling") located on the real property more specifically
described in Exhibit A attached hereto and incorporated herein.
For purposes of this Agreement, the dwelling, the real property and
all appurtenances, improvements and fixtures associated therewith
shall hereinafter be referred to as the "Property"" ; and
WHEREAS, as a condition of the sale to the Owner of the
Property, the Owner is required to enter into this Agreement; and
WHEREAS, Owner agrees to restrict the acquisition or transfer
of the Property to "Qualified Buyers, " as that term is defined in
this Agreement. In addition, the Owner agrees that this Agreement
shall constitute a resale agreement setting forth the maximum sale
price for which the Property may be sold ("Maximum Sale Price") ,
the amount of appreciation and the terms and provisions controlling
the resale of the Property should Owner, or any subsequent owner,
desire to sell the Property at any time after the date of this
Agreement. Finally, by this Agreement, Owner agrees to restrict
the Property against use and occupancy inconsistent with this
Agreement.
WHEREAS, "Qualified Buyers" are natural persons meeting the
-residency and all other qualifications set forth in the
Aspen/Pitkin County Housing Authority Affordable Guidelines, or its
substitute, as adopted by APCHA, or its successor, and in effect at
the time of the closing of the sale from Owner to the Qualified
Buyers (the "Affordable Housing Guidelines") and who must represent
and agree pursuant to this Agreement to occupy the Property as
their sole place of domicile, not to engage in any business
activity on the Property, and not to sell or otherwise transfer the
Property for use in a trade or business. In addition, Qualified
Buyers must demonstrate that their income and earnings are earned
primarily in Pitkin County. Any dispute regarding whether a person
is a Qualified Buyer shall be resolved by the APCHA Board of
Directors.
NOW, THEREFORE, for value received, the receipt and
sufficiency of which is hereby acknowledged, Owner hereby
represents, covenants and agrees as follows:
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 . Owner is a Qualified Buyer and, in connection with the
purchase of this Property, Owner agrees (i) to occupy the Property
as his or her sole place of residence during the time that the
Property is owned by the Owner, (ii) not to engage in any business
activity on or in the Property, (iii) to sell or otherwise transfer
the Property only in accordance with this Agreement and the
Affordable Housing Guidelines, (iv) not to sell or otherwise
transfer the Property for use in a trade or business, and (v) not
to permit any use or occupancy of the Property except in compliance
with this Agreement .
3 . (a) It shall be a breach of this 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. Owner hereby agrees to notify
APCHA, in writing, of any notification Owner receives from a
lender, or its assigns, of past due payments or default in
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 (5) 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, APCHA may offer loan counseling
or distressed loan services to Owner, if any of these services
are available, and is entitled to require Owner to sell the
Property to avoid the commencement of any foreclosure
proceeding against the Property. In the event that APCHA
determines that sale of the Property is necessary, Owner shall
immediately execute a standard Listing Contract on forms
approved by the Colorado Real Estate Commission, providing for
a thirty (30) day listing period. If a sales contract has not
been executed within the initial thirty (30) day period, Owner
shall extend the listing period for an additional one hundred
2
eighty (180) days, provided such extension does not conflict
with the statutory rights of any secured credStoor Qualified
shall determine if a prospective pure s a prerequisite to
Buyer, and such a determination by
any sale of the Property.
(c) Owner shall, upon closing, pay a fee to APCHA in an
amount equal to one percent (1%) of theisales In the event cf
other amount as required by APCHA g tof
a listing of the Property pursuant to this Paragraph 3 ,
Price Maximum Sale shall be
Paragraph 6 (a) below, and the determined accordance
Owner must accept any such
offer.
(d) Upon receipt of notice as provided in
Paragraphs 3 (a) and 3 (b) , APCHA shall have the right, in its
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 APCHA together with interest
thereon at the rate specified in the promissory note se ured
by the first deed of trust, plus one percent (1%) ,
actual expenses of APCHA incurred in curing the default.
Owner shall be required by APCHA to execute a promissory note
secured by a deed of trust encumbering the Property in favor
of APCHA for the amounts expended by APCHA as specified
herein, including future advances made for such purposes.
Owner may cure the default and satisfy its obligation to APCHA
under this subparagraph at any time prior to execution of a
contract for sale, upon such reasonable terms as specified by
APCHA. Otherwise, Owner' s indebtedness to APCHA shall be
satisfied from the Owner' s proceeds at closing.
4 . This Agreement shall constitute covenants running with
the real property, described in Exhibit A, as a burden thereon, for
he
the benefit of, and shall be specifically enfohcedblerby)APCHA,Cthe
Board of county Commissioners of the County
Council for the City (the "City Council") any appropriate nd their respective
e
successors and assigns, as applicable, by Y performance,
action including but not limited to specific p
injunction, reversion, or eviction of non-complying owners and/or
occupants .
5. In the event that the Owner desires to sell the Property,
Owner shall execute a standard Listing Contract on forms app
by the Colorado Real Estate Commission providing for a one hundred
eighty (180) day listing period. The Property may be sold only to
a Qualified Buyer, as determined by APCHA. Owner shall,t (po)
closing, pay a fee to APCHA in an amount equal to one p
of the sales price, or such other amount as required by Affordable
-Housing Guidelines.
3
MAXIMUM BALE PRICE
6 . (a) Except as provided in Paragraphs 6 (b) and 10 below,
the Maximum Sales Price upon any re-sale of the property shall
not exceed Owner' s initial purchase price plus an increase of
four percent (4%) of such price per year, simple interest,
from the date of purchase to the date of the listing contract,
prorated at the rate of one quarter percent ( . 25%) for each
whole month for any part of a year.
(b) In the event of any sale required pursuant to
Paragraphs 3 (b) or 18, the Maximum Sales Price shall not
exceed the amount determined in accordance with
Paragraph 6 (a) , above, or appraised value, whichever is less.
The cost of any appraisal shall be borne by the Owner.
Appreciation shall be subject to the limitations of
Paragraph 21.
(c) Nothing herein shall be construed to constitute a
representation or guarantee by APCHA, the City or the County
that on sale the owner shall obtain the listing price or the
Maximum Sale Price.
7 . All disputes between Owner and APCHA, its employees or
agents , shall be resolved in accordance with the grievance
procedures set forth in the Affordable Housing Guidelines.
8 . 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 Maximum
Sale Price specified in Paragraph 6 (a) , above the bid price so as
to induce the Owner to sell to such prospective buyer.
9 . It shall be within the Owner' s discretion to select among
competing Qualified Buyers who submit an offer for the purchase of
the Property, whether the sale is voluntary or required by this
Agreement, and without regard to any applicable sales price
limitation. In such event, Owner's rights and obligations, except
as specified in this Agreement, shall be determined by Colorado
law.
10. In the event that title to the Property 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 shall immediately be listed for sale
as provided in Paragraph 5 above (including the payment of the
specified fee to APCHA) , and the highest bid by a Qualified Buyer,
for not less than ninety-five percent (95%) of the Maximum Sale
Price or the appraised market value, whichever is less, shall be
-accepted; if all bids are below ninety-five percent (95%) of the
Maximum Sale Price or the appraised market value, the Property
shall continue to be listed for sale until a bid in accordance with
4
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 to a Qualified Buyer
and shall execute any and all documents necessary to do so;
and
(b) Non-Qualified Transferee(s) agree of the (i)Property,
Property, (ii) rent all or any part
in strict compliance with Paragraph 14 hereof,
(iii) engage in any other business activity on or in the
Property, (iv) sell or otherwise transfer the Property except
in accordance with this Agreement and the Affordable Housing
Guidelines, or (v) sell or otherwise transfer the Property for
use in a trade or business.
(c) APCHA, the County and the City, or their respective
successors, as applicable, shall have the right and option to
purchase the Property, exercisable within a period of fifteen
( 15) calendar days after receipt of any sales offer submitted
to APCHA by a Non-Qualified Transferee(s) , and, in the event
of exercising their right and option, shall purchase the
Property from the Non-Qualified Transferee(s) for a price of
ninety-five percent (95%) of the Maximum Sale Price, or the
appraised market value, whichever is less. The offer to
purchase shall be made by the Non-Qualified Transferee(s)
within fifteen (15) days of acquisition of the Property.
(d) Where the provisions of this Paragraph 10 apply,
APCHA may require the Owner to rent the Property in accordance
with the provisions of Paragraph 14, below.
OWNER RESIDENCE
11 . owner represents and warrants that the Property shall be
and is to be utilized only, as the sole and exclusive domicile of
Owner.
12 . Owner agrees that, in the event Owner changes domicile or
ceases to utilize the Property as his sole and exclusive place of
residence, the Property 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 for fewer than nine (9) months per
calendar year without the express written approval of APCHA, or
otherwise violating the residency requirements of the applicable
APCHA guidelines. (In the event of a conflict between this
paragraph and APCHA guidelines, the guidelines shall prevail) . If
the Owner changes domicile, APCHA may require the Owner to rent the
5
Property in accordance with the provisions of Paragraph 13 , below.
APCHA may at any time request whatever information is reasonably
necessary to determine Owner's place of domicile.
RENTAL
13 . Owner may not, except with prior written approval of
APCHA, and subject to APCHA' s conditions of approval, rent the
Property for any period of time. Prior to occupancy any tenant
must be approved by the Homeowner's Association, if applicable, and
APCHA in accordance with the restrictions, limitations, and all
other qualifications established by APCHA in its Affordable Housing
Guidelines as they relate to Resident Occupied Units. APCHA shall
not approve any rental if such rental is being made by Owner to
utilize the Property an as income producing asset, except as
provided below, and shall not approve a lease with a rental term in
excess of twelve (12) months. A signed copy of the lease must be
provided to APCHA prior to occupancy by any tenant. Any such lease
approved by APCHA shall be subject to the following rent
calculations :
(a) A rental rate not to exceed the monthly expenses for
the cost of principal and interest payments, taxes, property
insurance, condominium or homeowner assessments, utilities
plus an additional Twenty Dollars ($20.00) and a reasonable
(refundable) security deposit; or
(b) In the event that there is no outstanding mortgage
on the Property, the rental rate shall be based on Category #4
Rents for a similar unit as defined in the most current
Affordable Housing Guidelines as adopted from time to time; or
(c) Such other amount as determined in APCHA guidelines.
The requirements of this Paragraph shall not preclude the
Owner from sharing occupancy of the Property with non-owners on a
rental basis provided Owner continues to meet the obligations
contained in this Agreement, including Paragraph 11.
14 . Except with the approval of APCHA, the Owner shall not
create an additional dwelling unit, as defined in the Pitkin County
or City of Aspen Land Use Code, in or on the Property.
15 . Nothing herein shall be construed to require 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 APCHA to obtain a
qualified tenant for the Owner in the event that none is found by
k.he Owner.
6
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Senior Planner
DATE: April 5, 1994
RE: Ute Trail Townhomes Substantial PUD Amendment & GMQS
Exemption Amendment - Public Hearing
SUMMARY: The applicants, Epoch Properties and Sister City Housing,
request to amend the PUD development plan for the Ute Trail
Townhomes. The applicants propose to develop seven enclosed
parking spaces for the seven affordable dwelling units and amend
the income and price restrictions of the seven affordable dwelling
units.
Please find the applicant' s proposal attached, Exhibit A.
Staff recommends approval of the proposed amendments.
APPLICANT: Epoch Properties, represented by Bill Lipsey and Sister
City Housing, represented by Dave Myler
LOCATION: 831 Ute Avenue, Aspen Colorado
ZONING: R/MF PUD
APPLICANT'S REQUEST: The applicants proposed the following
amendments to the final PUD development plan for Ute Trail
Townhomes:
* reduce the approved employee housing parking from 8 to 7
on-site parking spaces;
* build a parking structure to enclose seven on-site parking
spaces; and
* amend the GMQS Exemption for affordable housing by amending
the price and income restrictions for the seven affordable
dwelling units.
Staff has interpreted the reduction of parking and the proposed
parking structure as substantial amendments to the final PUD
development plan. Although the amendment to the affordable housing
deed restrictions is an insubstantial amendment, staff has included
this information in order for all review bodies and the public to
understand all the changes being proposed for this development.
REFERRAL COMMENTS: Please find referral comments attached, Exhibit
B.
BACKGROUND: The Ute Trail Townhomes final PUD development plan was
approved in 1990. The plan included four free market townhomes
along Ute Avenue each with a two car garage. Seven affordable
dwelling units were approved for the rear of the property with
eight parking spaces, two of which would have been enclosed in a
garage. All the parking would have been accessed off of the Aspen
Mountain road.
Since the time of approval, the four free market units have been
reduced to three free market units. In addition, a lawsuit was
initiated by some adjoining neighbors. A settlement was reached
and part of that settlement required the southeastern, employee 4-
plex to be moved two feet from the east property line. That shift
in the building envelop resulted in the loss of the eighth parking
space. An amended landscape plan must also be recorded because a
large cottonwood tree was lost during excavation.
STAFF COMMENTS:
Pursuant to Section 24-7-907 a substantial amendment to a final PUD
development plan must be reviewed pursuant to the terms and
procedures of the final development plan provided that the proposed
change is consistent with or an enhancement of the approved final
development plan. Final development plan review requires review
by the Commission and Council with a public hearing at the
Commission meeting.
I. PUD Amendments -
A. Parking Reduction - According to the application, the eighth
parking space has been lost due to the lawsuit settlement which
required the southeastern building to be moved an additional two
feet from the east property boundary. It also appears from the
submitted plans that a 39" walkway is included in the proposed
parking scenario and the width of the new parking spaces has
increased from 8 ' -6" to l0 ' -6" .
Staff requested a direct walkway from the interior parking area up
into the employee housing courtyard to prevent residents having to
walk around the parking structure to get into the courtyard and
their front doors.
The employee units have not been developed with excess storage
area. By enclosing the parking spaces and increasing the width,
residents will be able to store bikes, skis, etc. in tandem with
their automobiles.
B. Garage: Epoch Properties propose, at their expense, to
construct enclosed parking for the seven employee parking spaces
and to snowmelt the entire paved driveway between the free market
units and the affordable units.
2
The new garage structure will provide seven 10 ' -6"x 18 '-6" spaces.
The total size of the structure, which includes the trash enclosure
and boiler room for the snowmelt system, is 1, 630 sq. ft.
The application presents the following comments . regarding the
proposed benefit of the enclosed parking:
* Costs of the parking and snowmelt system will be borne by
the developer. The garage will give tenants additional
storage and automobile protection.
* The garage will ensure "visual tidiness to what could
otherwise be an unsightly open air storage area. " The
snowmelt system will prevent plowing and piling of snow.
* The garage will be constructed out of the same brick used
on the free market units and "visually unify the free market
units with the affordable units. "
* The parking structure will screen the employee housing
courtyard from the driveway and parking, thus providing more
outdoor privacy for the employee housing residents.
The Municipal Code does not count enclosed parking as floor area
for residential units, a 500 square foot floor area bonus is
provided for each residential unit. The Code does not
differentiate between multi-family or detached/duplex residential
land uses. In addition, surface parking does not count as open
space.
The Ute Trail Townhomes received several dimensional variations
during the PUD review of this proposal . One of the variations was
an open space variation primarily due to the development's
proximity to Glory Hole Park and the inclusion of the center
courtyard between the two affordable housing structures. The
parking requirement for the project was also varied due to the
project's proximity to the downtown commercial core including the
ski area, City Market, and RFTA routes.
II. Employee Housing Amendments - The final PUD development plan
approved seven affordable dwelling units. Six of the units were
proposed to be deed restricted to Category 2 income guidelines and
the seventh unit to Resident Occupancy.
Sister City Housing would like to clarify the Displaced Tenant
Priority list. The list grants a right of first refusal to long-
term tenants of Dean Billings property that were displaced as a
result of this development. Sister City would like to amend the
list to clarify that first priority will be given to the tenant
that has resided on the Billings property the longest. In
3
3
addition, if a displaced tenant does in fact qualify for a Category
3 dwelling unit the unit should be sold at the Category 3 price.
Secondly, Sister City Housing proposes that if the list is
exhausted for the displaced tenants, unsold units will be listed
as Category 3 prices.
Third, Sister City Housing proposes to set the sales price for the
units within Category 2 & 3 : Studio Category 2 - $60, 500, Category
3 - $85, 000; Two Bedroom Category 2 - $81, 100, Category 3 -
$115, 000.
Finally, Sister City Housing also proposes to replace the Resident
Occupied unit as a Category 3 or 4 unit.
STAFF RECOMMENDATION:
I. Garage - Although an open space variance was granted for this
project and the development is built-out at the maximum allowable
floor area, staff recommends approval of the seven enclosed parking
spaces for the following reasons:
* the additional bulk and mass will not be visible from Ute
Avenue;
* the parking area is not considered open space therefore the
"open space" is not being reduced;
* although staff has strong reservations about adding more
mass and bulk to this parcel, the benefit of enclosed parking
and additional storage outweighs these concerns; and
* staff would recommend that the parking structure match the
shingle siding that was proposed on the final building plans
rather than the proposed brick - a wood siding would soften
the building making it less massive and solid than a brick
structure.
II. Employee Housing - Staff supports the clarification for the
Displaced Tenant List and staff supports the change from Category
2 to Category 3 guidelines only for those units that have not sold
first to displaced tenants or if displaced tenants qualify for
Category 3 housing.
However, staff does not agree with a predetermined sales price
within the category for sales to the displaced tenants. When the
final PUD development plan was approved, the units were designated
Category 2 and were intended to provide affordable sale housing for
the tenants being displaced. No specific sales prices within
Category 2 were discussed or established at that time.
4
Oc
The sales prices in Category 2 range from $26, 200 to $60, 500 for
a studio, and $39, 500 to $81, 000 for a two bedroom, assuming the
1994 Guidelines are adopted. Within this wide range any number of
tenants may not qualify for the upper end of the Category. During
the review and approval of this development, a commitment was made
by the applicant and the City to existing tenants that he effort
to develop AH on this parcel was to save them from having to leave
Aspen. Staff, in conjunction with the Director of the Housing
Authority, recommends against a specific Category 2 sales price.
Qualified tenants from the Displaced Tenant List should be allowed
to purchase a unit within Category 2 based upon what they can
afford. In addition, the displaced tenants have not been queried
to determine whether a specific price of $60, 000 for a studio or
$81, 000 for a two bedroom could be afforded or whether a lower
priced unit, still within the Category 2 guidelines, is affordable.
Staff must point out for Commission and Council benefit, that if
staff ' s recommendation is followed, a greater subsidy for these
units will be necessary. Likewise, if the Resident Occupied unit
status is dropped to Category 3 or 4, additional subsidy will be
required (please see APCHA referral comment, Exhibit B) . The
applicant was not clear to which category the RO unit was to be
changed.
RECOMMENDED MOTIONS:
"I move to recommend to City Council approval of the substantial
PUD amendment for Ute Trail Townhomes with the following
conditions:
1. Wood shingle siding, instead of brick, shall be used on the
garage structure.
2 . Prior to the issuance of a change order for the garage, the
Aspen Consolidated Sanitation District shall review the drainage
plans for approval. A sand and oil separator from the garage shall
be hooked-up to the sanitary sewer.
3 . A five foot sidewalk area shall be provided along Ute Avenue.
Prior to the issuance of a change order for the garage, the
applicant shall sign a sidewalk, curb and gutter agreement.
4 . An amended plat must be filed within 180 days of final approval
or the approval is void. The plat must be reviewed by the Planning
and Engineering Department prior to filing.
5. Utility transformers and pedestals shall be installed,
unobstructed, on the applicant ' s property with easements provided
as needed. Easements must be indicated on amended plat. The
location of the trash and recycle facilities must be shown on the
amended plat.
5
7
b
6. The applicant shall consult city engineering (920-5080) for
design considerations of development within public rights-of-way,
parks department (920-5120) for vegetation species, and shall
obtain permits for any work or development, including landscaping,
within public rights-of-way from city streets department (920-
5130) . "
"I move to recommend to Council the amendments to the GMQS
Exemption for affordable housing with the following conditions:
1. The Displaced Tenant List shall be clarified to give first
priority to those tenants that have lived on Dean Billings property
the longest.
2 . If the tenant list is exhausted and units remain unsold, the
remaining units may be sold at the Category 3 prices as established
by Sister City Housing: studio $85, 000 and two bedroom $115, 000.
3 . A Category 2 price shall not be established for the Displaced
Tenants, units shall be sold based upon what the tenants can afford
within the Category 2 price guidelines. A specific Category 3
price shall not be established for displaced tenants that qualify
for Category 3 .
4 . Sister City Housing shall be use the 1994 APCHA Guidelines if
they are adopted prior to filing of deed restrictions for the
affordable housing units.
EXHIBITS:
A. Application
B. Referral Comments
6
PUBLIC NOTICE
RE: UTE TRAIL TOWNHOUSES/BILLINGS PLACE SUBDIVISION/PUD
SUBSTANTIAL AMENDMENT TO FINAL PUD DEVELOPMENT PLAN AND AMENDMENT
TO THE AFFORDABLE HOUSING GMQS EXEMPTION
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, April 5, 1994 at a meeting to begin at 4 : 30 p.m. before
the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room,
City Hall, 130 S. Galena, Aspen, CO to consider an application
submitted by Jim Pugh, Epoch Properties, Inc. , 359 Carolina Ave. ,
Winter Park, FL, requesting approval of a substantial amendment to
the Final PUD Development Plan to build a garage to enclose the
seven existing parking spaces for the affordable housing units and
amend the affordable housing GMQS Exemption for the 7 affordable
dwelling units. The property is located at 831 Ute Ave. ; Lots 14
& 15A, Ute Addition, and a tract of land in lots 33 & 38, Section
18, Township 10 South, Range 84 West of the 6th P.M. For further
information, contact Leslie Lamont at the Aspen/Pitkin Planning
Office, 130 S. Galena, Aspen, CO 920-5101
s/Bruce Kerr, Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on March 18, 1994
City of Aspen Account
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April 5, 1994 THE CITY OF ASPEN
OFFICE OF THE MAYOR
George and Mary Gleason
P.O. Box 1284
Aspen, CO 81612
Dear Mr. and Mrs. Gleason:
Thank you for your recent letter regarding the DeVores and the Billings
building project. Your letter has been forwarded to the Aspen City Council,
Planning and Housing Departments for further consideration.
We thank you for your comments and welcome any future suggestions or
concerns you may have.
Sincerely,
John S. Bennett
Mayor
cc: City Council
Planning
Housing
130 SOLTH GALENA STR[ET • AN EN COLORADO 81611 • PHONE 303 920 5199 • FAX 303.920.5119
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SITE PLAN all
II 70 10 30 40 UTE AVENUE
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PLANT SCHEDULE
SYMBOL COMMON BOTANICAL NAME SIZE QUAN/COMMENTS
NAME
0 Bristlecone Pine Foxtail Pine 12' 6+6
`�� Aspen Populus tremuloides 2" 5+11/50% multi-trunk
ipo` Ho pa Crabapple Malus sp.• v. ho pa
2" 17/ matched
0 Cottonwood Populus augustifoia 3" 15+2
,,` Cotoneaster Cotoneaster 1 gal 14
horizontalis
Buffalo Juniper Juniperus sabina 5 gal 10
"Buffalo"
Service Berry Amelanchier 1 gal 3
ainifolia
Creeping Mahonia repens 1 gal 24"OC
Mahoina
Mountain Lover Pachystima mrysinites 1 gal 18" OC
Vinca Vinca minor 1 gal 30" OC
Creeping Potentilla verna 1 gal 24"OC
Potentilla
Flower Beds
Seeded Native
Grasses
NOTES:
1. Numbered trees on the Site Plan represent fulfillment of the cottonwood tree
mitigation plan worked out with George Robinson of the Parks Department. The plan
called for 79" of caliper to be replaced. 46" of caliper has been replaced on-site using
George Robinson's memo as a guideline. The balance of 33" of caliper will be given
to the Parks Department to do with as they see fit.
2. Buried utilities along East property line need to be avoided by new planting and may
result in adjustments to location of plant material in that area on the attached plan.
3. See attached letter from George Robinson regarding plant layout criteria
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO: City Engineer
Housing Director
Parks Department
Zoning Administration
Aspen Fire Protection District
FROM: Leslie Lamont, Planning Office
RE: Ute Trail Townhouses/Billings Place Substantial Amendment to Final PUD
Development Plan
Parcel ID No. 2737-182-95-101
DATE: February 1, 1994
Attached for your review and comments is an application submitted by Jim Pugh, Epoch
Properties, Inc.
Please return your comments to me no later than March 4, 1994.
Thank you.
MEMORANDUM
I
TO: Leslie Lamont, Planning Office
FROM: Thomas M. Baker, Executive Director
DATE: May 26, 1994
RE: Referral Comments: Sister Cities Housing
REFERRAL COMMENTS: The Housing Board recommends the following:
-E . 1. Convert the RO unit to a Category #4 unit: the initial sale
price shall be $150, 000 plus upgrades; however, if the initial
sales price exceeds $175, 000, then this issue must be reviewed
by the Housing Board.
2 . Allow the applicant to sell the category units in the category
#3 range for the following reasons - persons on the priority
list who have incomes in the category #3 range; and for units
left unsold after persons on the priority list have exercised
their options to purchase.
3 . Persons on the priority list be given selection preference
based on longevity.
4 . Category #2 units be sold for $60, 500 (studio) and $81, 000 (2
bdrm) ; and category #3 units be sold for $85,000 (studio) and
$115, 000 (2 bdrm) . The Housing Board felt that these prices
were appropriate given that persons on the priority list are
given preference and that the minimum occupancy requirement
was being waived.
Additionally, the Housing Board finds that if Council elects to
increase the category #3 units to the top of that range, then the
Housing Board will support those prices in order to reduce the
City' s subsidy. The top of category #3 is $99, 000 (studio) and
$119 , 400 (2 bdrm) .
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
February 1, 1994
William Lipsey
414 N. Mill St.
Aspen, CO 81611
Re: Ute Trail Townhouses/Billings Place Substantial Amendment to Final PUD
Development Plan
Case A4-94
Dear Bill,
The Planning Office has completed its preliminary review of the captioned application. We
have determined that this application is complete. Please provide the revised copies of the
landscaping plan by February 24.
We have scheduled this application for review by the Aspen Planning and Zoning Commission
at a Public Hearing to be held on Tuesday, April 5, 1994 at a meeting to begin at 4:30 p.m.
Should this date be inconvenient for you please contact me within 3 working days of the date
of this letter. After that the agenda date will be considered final and changes to the schedule
or tabling of the application will only be allowed for unavoidable technical problems. The
Friday before the meeting date, we will call to inform you that a copy of the memo pertaining
to the application is available at the Planning Office.
Please note that it is your responsibility to mail notice to property owners within 300' and to
post the subject property with a sign at least ten (10) days prior to the public hearing. Please
submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing
prior to the public hearing.
If you have any questions, please call Leslie Lamont, the planner assigned to your case, at 920-
5101.
Sincerely,
Suzann L. lff
Administrative Assistant
apz.ph
SISTER CITY HOUSING, INC.
106 South Mill Street, Suite 202
Aspen, Colorado 81611
(303) 920-1018
January 21 , 1994
Leslie Lemont
Aspen/Pitkin County Planning Department
130 South Galena
Aspen, CO 81611
RE : Billings Place - Amendment to GMQS Exemption
Dear Leslie :
Sister City Housing, Inc . is a non-profit corporation, the
members of which are the Cities of Aspen and Shimukappu, Japan.
Sister City Housing was formed to acquire the Billings property and
to facilitate development of seven (7) affordable housing units
known as Billings Place .
Please accept this letter as an application by Sister City
Housing to amend the affordable housing GMQS Exemption approval for
those units . Generally, the requested amendments will allow the
currently-approved form of deed restriction for a resident occupied
unit to be substituted for the deed restriction approved in 1990
for Unit J, will allow a change in the price and income category of
the other six (6) affordable units, and will clarify the terms and
conditions by which previously-displaced tenants are entitled to a
priority in the purchase of completed units . We further request
that this application be considered simultaneously with the
application for PUD amendment to allow garages filed by Epoch
Properties . The particular elements of each requested amendment
and an explanation of the basis for the request are described
below.
A. Resident Occupied Deed Restriction and Pricing. In
connection with PUD approval in 1990 , the Aspen City Council
approved a specific Resident Occupied Unit Deed Restriction (the
"Original Restriction" ) for Unit J. A copy of the Original
Restriction is attached as Exhibit A. It was proposed by Karinjo
and Nicholas DeVore, who intended, as its developers, to own and
occupy Unit J.
Although the language of the Original Restriction is
ambiguous, we believe that it would allow resale of Unit J to a
"qualified buyer" for any price which such buyer would be willing
to pay. In order to qualify, future buyers would have to meet the
Leslie Lemont
Aspen/Pitkin County Planning Department
January 21 , 1994
Page 2
Housing Authority requirements applicable to resident occupied
units in effect at the time of sale .
At the time that the Original Restriction was approved,
the City' s approach toward the so-called resident occupied units
had not received much scrutiny. It was seen as a loosely-defined
hybrid between a fully deed restricted unit and a free market unit
which could be used to provide an economic incentive for private
sector development of affordable housing at no monetary cost to the
public .
The circumstances surrounding the development of Billings
Place and the public policies regarding resident occupied units
have changed dramatically since 1990 . In particular, the public
will now subsidize Billings Place, and the concept of resident
occupied housing has undergone substantial refinement .
Subsequent to 1990 , the Housing Authority undertook a
comprehensive analysis of the resident occupied unit concept and
its role in the overall affordable housing program. In addition to
other specific criteria, the Housing Authority recommended to the
City Council and the Board of County Commissioners that the resale
of such units be subject to a 4% annual appreciation cap . The
Authority also recommended that there be no limit on a buyer' s
income or net worth. The appreciation cap was seen by the Housing
Authority as a means of discouraging speculation and assuring that
resident occupied units remain as affordable as possible to the
greatest number of potential future buyers . While the City Council
has not yet adopted the recommendations of the Housing Authority,
indications are that the appreciation cap is acceptable . In a
recent case involving a resident occupied lot (East Cooper
project) , the Council approved a deed restriction with the
recommended appreciation cap .
Given the extent of public investment in Billings Place
and the evolution of public policy regarding resident occupied
units , Sister City Housing believes that the 1990 PUD Agreement
should be amended to substitute the Resident Occupied Deed
Restriction currently in use by the City and Housing Authority for
the Original Restriction. A copy of the proposed deed restriction
is attached hereto as Exhibit B. The primary difference between
the two relates to the resale price . Under the Original
Restriction, there was no maximum resale price . Under the proposed
_ restriction, the maximum resale price will be the initial purchase
price plus 4% per year .
Leslie Lemont
Aspen/Pitkin County Planning Department
January 21, 1994
Page 3
As a result of previous commitments, Karinjo and Nicholas
DeVore will have the first right to purchase Unit J once the
purchase price and terms of the deed restriction are established.
Although the DeVores believe that Unit J should be classified as a
resident occupied unit , they propose that their deed restriction
allow for unlimited appreciation after three (3) years . They
believe that a cap for three (3) years will address speculation
concerns, that market forces will control future affordability, and
that unlimited appreciation after three (3) years is appropriate
for them, since that is what was contemplated in connection with
the 1990 land use approvals .
The Board of Directors of Sister City Housing have
considered in detail the history and circumstances surrounding the
DeVores' role in the development of Billings Place and their
relationship with our Japanese partners . We also reviewed at
length the evolution of the public policy regarding resident
occupied units . The Board members all believe that, to some
extent, the DeVores' efforts and sacrifices should be recognized
and rewarded. We do not , however, believe that it is appropriate
to structure such recognition in the form of a deed restriction
containing provisions which are in stark contrast to current public
policy. Rather, the Board believes, and recommends, that the
DeVores be entitled to a monetary discount in the price of Unit J.
The Board recommends that the initial purchase price of Unit J be
equal to the cost of producing it, less $30, 000 . 00 . The cost of
producing Unit J should be somewhere between $260, 000 and $280 , 000 .
The recommended purchase price would thus be between $230 , 000 and
$250 , 000 .
B . Income and Price Categories . The 1990 PUD approval
requires that six (6) of the seven (7) units in Billings Place (2
studios and 4 two-bedrooms) be fully deed restricted and sold at
Category 2 prices to households which qualify under the Category 2
income guidelines . Based upon current information available to the
Housing Authority, a strong demand and need for owner occupied
housing exists in both Category 2 and Category 3 . In order to
afford an opportunity to decrease the public cost of this project,
thereby making funds available for other currently-planned
projects, while still providing units which will satisfy a
demonstrated need, Sister City Housing recommends that the PUD
requirements regarding maximum income and price be amended to
provide as follows :
1 . Each unit will first be offered to the
individuals on the priority list described in paragraph
C, below, at either a Category 2 or Category 3 price,
Leslie Lemont
Aspen/Pitkin County Planning Department
January 21 , 1994
Page 4
depending upon the income category of the purchaser. The
prices will be as follows :
Category 2 Category 3
Studio $ 60, 500 $ 85 , 000
Two Bedroom $ 81, 100 $ 115 , 000
2 . Any units which remain unsold after all
priority purchasers have been exhausted will be listed
and sold as Category 3 units at the prices listed above .
C. Displaced Tenant Priority. The 1990 PUD Agreement
granted a right of first refusal to specific long-term tenants of
the Billings property. That right entitled the former tenants to
purchase a unit at a Category 2 price, provided that their
household income did not exceed Category 2 levels, and that they
otherwise qualified under the Housing Authority Guidelines . Only
those individuals who were specifically listed in an attachment to
the PUD Agreement were eligible to take advantage of the right of
first refusal . Sister City Housing wishes to clarify that, among
those tenants, priority for first choice of a unit will be based on
longevity; the person who had lived on the old Billings property
the longest will have the first choice of units .
This application also requests an amendment to that right
of first refusal that will allow a person on the priority list
whose income has increased to a Category 3 level to still be able
to exercise the right of first refusal, provided that they pay the
Category 3 price .
Thank you for your consideration in this matter. Please be
advised that David J. Myler, Secretary of Sister City Housing, Inc .
and its legal counsel , is authorized to represent the corporation
in all proceedings in connection with this request for amendment .
Very truly yours,
SISTER CITY HOUS G, IN ,
Bye/A. Vidal, President
C.Enclosures
sister\lemont.ltr
Exhibit A
UNIT
BILLINGS PLACE
RESALE DEED RESTRICTION
THIS RESALE DEED RESTRICTION is made and entered into
, 199_, by and between of
Pitkin County, Colorado ( hereinafter referred to as Owner) and 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 recorded in Book 605 at Page 751 of the records of the
Pitkin County Clerk and Recorder' s Office .
RECITALS
A. Owner has purchased Condominium Unit _ of the Billings
Place Condominium according to the plat thereof recorded in Plat
Book at Page of the records of the Pitkin County Clerk
and Recorder' s Office (hereinafter referred to as the Unit) ; and
B. Owner acknowledges and agrees that the Unit is subject to
the control of APCHA as a "resident-occupied unit" which is a
dwelling unit which is limited to occupancy (but not to price or
income limitations ) by qualified employees of Pitkin County,
meeting the guidelines or approval of APCHA. The parties wish to
ensure that, on resale, Owner's Unit is made available to satisfy
the resident-occupancy needs for housing in Aspen.
AGREEMENT
NOW, THEREFORE, in consideration of ten dollars ( $10 . 00 ) and
other good and valuable consideration paid by APCHA to Owner, the
receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows .
1 .. APCHA acknowledges Owner is a resident of Pitkin County
who has been employed, living and working in Aspen and Pitkin
County since and is qualified to own the Unit.
2 . Use and occupancy of the Unit shall, from the date of this
Agreement forward, be limited exclusively to individuals who are
residents in Pitkin County. Use, occupancy and resale of the Unit
is expressly NOT subject to the price or income limitations of
APCHA.
3 . This Agreement shall constitute covenants running with and
shall be a burden on the Unit for the benefit of and shall be
specifically enforceable by Owner, APCHA, the City of Aspen and
their respective successors or heirs , as applicable, by any
appropriate legal action including but not limited to injunction or
eviction of noncomplying occupants .
5
r -
4 . Owner agrees that, in the event Owner changes Owner' s
domicile or ceases to utilize the Unit as Owner's sole and
exclusive place of residence, the Unit shall be offered for sale
pursuant to the provisions of this Agreement . Owner shall be
deemed to have changed Owner' s domicile by becoming a resident
elsewhere or residing in the Unit for fewer than nine months per
year without the express approval of APCHA.
5 . In the event Owner desires to sell the Unit, the Unit may
be sold to any resident of Pitkin County, as such term is defined
in the then current APCHA guidelines . On closing of the sale of
the Unit, Owner shall pay a fee to APCHA in an amount equal to two
percent of the sale price.
6 . In the event of foreclosure of a lien on the property,
APCHA, the City of Aspen and their respective successors shall
retain a right of first refusal for a period of 120 days over all
offers to purchase the Unit by a non-Qualified Purchaser and may
purchase the property for 95% of the maximum resale price
irrespective of the amount of the offer to purchase made by the
non-Qualified Purchaser. In the event neither APCHA nor the City
of Aspen exercises its right of first refusal, the foreclosing
party may then sell the property on the open market; and this
agreement shall be null and void and no longer encumber the
property.
7 . In the event the Unit burdened hereunder is sold and
conveyed without compliance herewith, such sale shall be wholly
null and void and shall confer no title whatsoever on the intended
purchaser. Each and every conveyance of the unit shall be, for all
purposes, deemed to include and incorporate by reference in such
instrument of conveyance, even without reference hereto, the
covenants contained herein.
8 . In the event APCHA has reasonable cause to believe Owner
is violating the provisions of this Agreement, APCHA, by its
authorized representative, may inspect the Unit between the hours
of 8 :00 a.m. and 5 : 00 p.m. Monday through Friday after providing
the Owner with at least 24 hours ' prior written notice.
9 . In the event a violation of this Agreement is discovered
by APCHA, APCHA shall send a notice of violation to Owner
describing in detail the nature of the violation and allowing Owner
15 days to cure such violation. Such notice shall advise Owner
that Owner may request a hearing to determine the merit of the
allegations . Any such hearing shall be conducted in accordance
with grievance procedures outlined in the APCHA guidelines then
existing.
`1
10 . In the event Owner fails to cure any breach of this
agreement within the time allowed by paragraph k6; APCHA may resort
to legal action, including mandatory injunction for specific
-2-
performance of the terms of this Agreement requiring sale of the
Unit by Owner. The cost of such legal action and subsequent sale
shall be levied against the proceeds of the sale with the balance
paid to Owner.
11 . Any notice which is required to be given hereunder shall
be given by mailing the same certified mail to the address provided
below, which address may be changed or amended by written notice to
the other party.
To Owner:
To APCHA:
Aspen/Pitkin County Housing Authority
39551 Highway 82
Aspen, Colorado 81611
12 . There are 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 provision of this Agreement, the prevailing party shall be
entitled to recover as damages its costs , including reasonable
attorney fees .
13 . The term Owner as used herein shall refer to any and all
persons (without regard to number or gender) or entities having an
ownership interest in the Unit which is the subject of this
Agreement.
14 . The parties agree that modifications to this Agreement
shall be made only by writings signed by both parties , or their
successors or assigns , recorded with the Pitkin County Clerk and
Recorder's Office.
15 . Owner acknowledges he has read and fully understands and
accepts the terms and conditions of this Agreement limiting the
rental and resale of the Unit and further acknowledges that he is
relying on no oral representations qualifying or limiting the terms
hereof .
16 . This Deed Restriction and Agreement shall be recorded in
the records of the Pitkin County Clerk and Recorder's Office.
-3-
IN WITNESS WHEREOF, the parties hereto have executed this
instrument on the day and year first written above.
OWNER:
THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY
Name Title
39551 Highway 82
Aspen, Colorado 81611
STATE OF COLORADO )
ss .
COUNTY OF PITRIN
Acknowledged before me , 199_, by
My commission expires •
Witness my hand and official seal .
Notary Public
STATE OF COLORADO )
ss .
COUNTY OF PITKIN
Acknowledged before me , 199 , by
as of The Aspen/Pitkin County
Housing Authority.
My commission expires •
Witness my hand and official seal .
Notary Public
neldev\docs\resaldre . 01
-4-
Exhibit B
THE ASPEN/PITKIN COUNTY
HOUSING AUTHORITY'S
OCCUPANCY AND RESALE DEED RESTRICTION,
AGREEMENT AND COVENANT
(RESIDENT OCCUPIED UNIT)
THIS OCCUPANCY AND RESALE DEED RESTRICTION, AGREEMENT AND
COVENANT (the "Agreement") is made and entered into this , day
of , 19 , by
("Owner") , 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.
W I T N E S S E T H:
WHEREAS, Owner has purchased from APCHA at a price of $
and owns as a result of that certain warranty deed executed on the
date hereof, an approximate square foot dwelling
("Dwelling") located on the real property more specifically
described in Exhibit A attached hereto and incorporated herein.
For purposes of this Agreement, the dwelling, the real property and
all appurtenances, improvements and fixtures associated therewith
shall hereinafter be referred to as the "Property"" ; and
WHEREAS, as a condition of the sale to the Owner of the
Property, the Owner is required to enter into this Agreement; and
WHEREAS, Owner agrees to restrict the acquisition or transfer
of the Property to "Qualified Buyers, " as that term is defined in
this Agreement. In addition, the Owner agrees that this Agreement
shall constitute a resale agreement setting forth the maximum sale
price for which the Property may be sold ("Maximum Sale Price") ,
the amount of appreciation and the terms and provisions controlling
the resale of the Property should Owner, or any subsequent owner,
desire to sell the Property at any time after the date of this
Agreement. Finally, by this Agreement, Owner agrees to restrict
the Property against use and occupancy inconsistent with this
Agreement.
WHEREAS, "Qualified Buyers" are natural persons meeting the
-residency and all other qualifications set forth in the
Aspen/Pitkin County Housing Authority Affordable Guidelines, or its
substitute, as adopted by APCHA, or its successor, and in effect at
the time of the closing of the sale from Owner to the Qualified
Buyers (the "Affordable Housing Guidelines") and who must represent
and agree pursuant to this Agreement to occupy the Property as
their sole place of domicile, not to engage in any business
activity on the Property, and not to sell or otherwise transfer the
Property for use in a trade or business. In addition, Qualified
Buyers must demonstrate that their income and earnings are earned
primarily in Pitkin County. Any dispute regarding whether a person
is a Qualified Buyer shall be resolved by the APCHA Board of
Directors.
NOW, THEREFORE, for value received, the receipt and
sufficiency of which is hereby acknowledged, Owner hereby
represents, covenants and agrees as follows:
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 . Owner is a Qualified Buyer and, in connection with the
purchase of this Property, Owner agrees (i) to occupy the Property
as his or her sole place of residence during the time that the
Property is owned by the Owner, (ii) not to engage in any business
activity on or in the Property, (iii) to sell or otherwise transfer
the Property only in accordance with this Agreement and the
Affordable Housing Guidelines, (iv) not to sell or otherwise
transfer the Property for use in a trade or business, and (v) not
to permit any use or occupancy of the Property except in compliance
with this Agreement.
3 . (a) It shall be a breach of this 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. Owner hereby agrees to notify
APCHA, in writing, of any notification Owner receives from a
lender, or its assigns, of past due payments or default in
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 (5) 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, APCHA may offer loan counseling
or distressed loan services to Owner, if any of these services
are available, and is entitled to require Owner to sell the
Property to avoid the commencement of any foreclosure
proceeding against the Property. In the event that APCHA
determines that sale of the Property is necessary, Owner shall
immediately execute a standard Listing Contract on forms
approved by the Colorado Real Estate Commission, providing for
a thirty (30) day listing period. If a sales contract has not
been executed within the initial thirty (30) day period, Owner
shall extend the listing period for an additional one hundred
2
eighty (180) days, provided such extension does not conflict
with the statutory rights of any secured creditors. APCHA
shall determine if a prospective purchaser is a Qualified
Buyer, and such a determination by APCHA is a prerequisite to
any sale of the Property.
(c) Owner shall, upon closing, pay a fee to APCHA in an
amount equal to one percent (1%) of the sales price, or such
other amount as required by APCHA guidelines. In the event of
a listing of the Property pursuant to this Paragraph 3, the
Maximum Sale P shall be determined accordance
Paragraph any such
Paragrara below, and the Owner must accept ph 6 (a)
offer.
(d) Upon receipt of notice as provided in
Paragraphs 3 (a) and 3 (b) , APCHA shall have the right, in its
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 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 APCHA incurred in curing the default.
Owner shall be required by APCHA to execute a promissory note
secured by a deed of trust encumbering the Property in favor
of APCHA for the amounts expended by APCHA as specified
herein, including future advances made for such purposes.
Owner may cure the default and satisfy its obligation to APCHA
under this subparagraph at any time prior to execution of a
contract for sale, upon such reasonable terms as specified by
APCHA. Otherwise, Owner' s indebtedness to APCHA shall be
satisfied from the Owner' s proceeds at closing.
4 . This Agreement shall constitute covenants running with
the real property, described in Exhibit A, as a burden thereon, for
the benefit of, and shall be specifically enforceable by APCHA, the
Board of County Commissioners of the County (the "Board") , City
Council for the City (the "City Council") 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 the Owner desires to sell the Property,
Owner shall execute a standard Listing Contract on forms approved
by the Colorado Real Estate Commission providing for a one hundred
eighty (180) day listing period. The Property may be sold only to
a Qualified Buyer, as determined by APCHA. Owner shall, upon
closing, pay a fee to APCHA in an amount equal to one percent (1%)
of the sales price, or such other amount as required by Affordable
-Housing Guidelines.
3
MAXIMUM SALE PRICE
6 . (a) Except as provided in Paragraphs 6 (b) and 10 below,
the Maximum Sales Price upon any re-sale of the property shall
not exceed Owner' s initial purchase price plus an increase of
four percent (4%) of such price per year, simple interest,
from the date of purchase to the date of the listing contract,
prorated at the rate of one quarter percent ( . 25%) for each
whole month for any part of a year.
(b) In the event of any sale required pursuant to
Paragraphs 3 (b) or 18, the Maximum Sales Price shall not
exceed the amount determined in accordance with
Paragraph 6 (a) , above, or appraised value, whichever is less.
The cost of any appraisal shall be borne by the Owner.
Appreciation shall be subject to the limitations of
Paragraph 21.
(c) Nothing herein shall be construed to constitute a
representation or guarantee by APCHA, the City or the County
that on sale the owner shall obtain the listing price or the
Maximum Sale Price.
7 . All disputes between Owner and APCHA, its employees or
agents, shall be resolved in accordance with the grievance
procedures set forth in the Affordable Housing Guidelines.
8 . 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 Maximum
Sale Price specified in Paragraph 6 (a) , above the bid price so as
to induce the Owner to sell to such prospective buyer.
9 . It shall be within the Owner's discretion to select among
competing Qualified Buyers who submit an offer for the purchase of
the Property, whether the sale is voluntary or required by this
Agreement, and without regard to any applicable sales price
limitation. In such event, Owner' s rights and obligations, except
as specified in this Agreement, shall be determined by Colorado
law.
10 . In the event that title to the Property 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 shall immediately be listed for sale
as provided in Paragraph 5 above (including the payment of the
specified fee to APCHA) , and the highest bid by a Qualified Buyer,
for not less than ninety-five percent (95%) of the Maximum Sale
Price or the appraised market value, whichever is less, shall be
-accepted; if all bids are below ninety-five percent (95%) of the
Maximum Sale Price or the appraised market value, the Property
shall continue to be listed for sale until a bid in accordance with
4
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 to a Qualified Buyer
and shall execute any and all documents necessary to do so;
and
(b) Non-Qualified Transferee(s) agree not to (i) occupy
the Property, (ii) rent all or any part of the Property,
except in strict compliance with Paragraph 14 hereof,
( iii) engage in any other business activity on or in the
Property, (iv) sell or otherwise transfer the Property except
in accordance with this Agreement and the Affordable Housing
Guidelines, or (v) sell or otherwise transfer the Property for
use in a trade or business.
(c) APCHA, the County and the City, or their respective
successors, as applicable, shall have the right and option to
purchase the Property, exercisable within a period of fifteen
(15) calendar days after receipt of any sales offer submitted
to APCHA by a Non-Qualified Transferee(s) , and, in the event
of exercising their right and option, shall purchase the
Property from the Non-Qualified Transferee(s) for a price of
ninety-five percent (95%) of the Maximum Sale Price, or the
appraised market value, whichever is less. The offer to
purchase shall be made by the Non-Qualified Transferee(s)
within fifteen (15) days of acquisition of the Property.
(d) Where the provisions of this Paragraph 10 apply,
APCHA may require the Owner to rent the Property in accordance
with the provisions of Paragraph 14 , below.
OWNER RESIDENCE
11. Owner represents and warrants that the Property shall be
and is to be utilized only as the sole and exclusive domicile of
Owner.
12 . Owner agrees that, in the event Owner changes domicile or
ceases to utilize the Property as his sole and exclusive place of
residence, the Property 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 for fewer than nine (9) months per
calendar year without the express written approval of APCHA, or
otherwise violating the residency requirements of the applicable
APCHA guidelines. (In the event of a conflict between this
paragraph and APCHA guidelines, the guidelines shall prevail) . If
the Owner changes domicile, APCHA may require the Owner to rent the
5
Property in accordance with the provisions of Paragraph 13 , below.
APCHA may at any time request whatever information is reasonably
necessary to determine Owner' s place of domicile.
RENTAL
13 . Owner may not, except with prior written approval of
APCHA, and subject to APCHA's conditions of approval, rent the
Property for any period of time. Prior to occupancy any tenant
must be approved by the Homeowner's Association, if applicable, and
APCHA in accordance with the restrictions, limitations, and all
other qualifications established by APCHA in its Affordable Housing
Guidelines as they relate to Resident Occupied Units. APCHA shall
not approve any rental if such rental is being made by Owner to
utilize the Property an as income producing asset, except as
provided below, and shall not approve a lease with a rental term in
excess of twelve (12) months. A signed copy of the lease must be
provided to APCHA prior to occupancy by any tenant. Any such lease
approved by APCHA shall be subject to the following rent
calculations:
(a) A rental rate not to exceed the monthly expenses for
the cost of principal and interest payments, taxes, property
insurance, condominium or homeowner assessments, utilities
plus an additional Twenty Dollars ($20. 00) and a reasonable
(refundable) security deposit; or
(b) In the event that there is no outstanding mortgage
on the Property, the rental rate shall be based on Category #4
Rents for a similar unit as defined in the most current
Affordable Housing Guidelines as adopted from time to time; or
(c) Such other amount as determined in APCHA guidelines.
The requirements of this Paragraph shall not preclude the
Owner from sharing occupancy of the Property with non-owners on a
rental basis provided Owner continues to meet the obligations
contained in this Agreement, including Paragraph 11.
14 . Except with the approval of APCHA, the Owner shall not
create an additional dwelling unit, as defined in the Pitkin County
or City of Aspen Land Use Code, in or on the Property.
15. Nothing herein shall be construed to require 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 APCHA to obtain a
qualified tenant for the Owner in the event that none is found by
the Owner.
6
BREACH
16. In the event that APCHA has reasonable cause to believe
the Owner is violating the provisions of this Agreement, APCHA may,
by its authorized representative, inspect the Property between the
hours of 8 : 00 a.m. and 5: 00 p.m. , Monday through Friday, after
providing the Owner with no less than twenty four (24) hours'
written notice. In addition, APCHA may require the Owner to
respond to any reasonable request for information in order to
determine if there is a violation.
17 . 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 to the Owner and allowing the Owner
fifteen (15) days to cure. Said notice shall state that the Owner
may request a hearing before APCHA 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 APCHA, the decision of
APCHA based on the record of such hearing shall be final for the
purpose of determining if a violation has occurred.
REMEDIES
18 . 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, including a requirement that Owner must sell the
Property in accordance with the requirements of Paragraph 3 (b) . In
the event the parties resort to litigation with respect to any or
all provisions of this Agreement, the prevailing party shall be
entitled to recover damages and costs, including reasonable
attorneys' fees, including those costs and fees incurred prior to
litigation in an effort to enforce any violation.
19 . In the event the Property 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, for
all purposes, shall be deemed to include and incorporate by this
reference, the covenants herein contained, even without reference
therein to this Agreement.
20 . In the event the Owner fails to cure any breach, 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 by Owner as
specified in Paragraphs 3 , 10, 12 , 18, and 19. The costs of such
.9ale shall be taxed against the proceeds of the sale with the
balance being paid to the Owner.
7
•
21. In the event of a breach of any of the terms or
conditions contained herein by Owner, his heirs, successors or
assign, the Maximum Sales Price of the Property as set forth in
Section 6 of this Agreement shall, upon the date of such breach as
determined by APCHA, automatically cease to increase and shall
remain fixed until the date of cure of said breach or sale of the
Property.
FORECLOSURE
22 . APCHA, the Board and the City Council may, pursuant to
that certain Option to Buy executed and recorded of even date
herewith, 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 Buy grants to APCHA and either the Board or the City
Council, as the designee of APCHA, the option to acquire the
Property 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.
23 . In the event that APCHA and either the Board or the City
Council , as the designee of APCHA, exercise the option pursuant to
the terms of that certain Option to Buy, described above, APCHA,
and/or its designee, may sell the Property to Qualified Buyers as
that term is defined herein, or rent the Property to qualified
tenants who meet the income, occupancy and all other
qualifications, established by APCHA in its Affordable Housing
Guidelines until sale to a Qualified Buyer is effected.
GENERAL PROVISIONS
24 . 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.
8
25. Said notices, consents and approvals shall be sent to the
parties hereto at the following addresses unless otherwise notified
in writing:
To Owner:
To APCHA: Director
Aspen/Pitkin County Housing Authority
530 East Main Street
Lower Level
Aspen, Colorado 81611
26. Exhibits. All exhibits attached hereto, (Exhibits A & B)
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 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.
9
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 modification 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, 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.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year above first written.
OWNER
By:
Name:
Title:
Mailing Address:
OWNER
By:
Name:
Title:
Mailing Address:
10
STATE OF COLORADO )
ss:
COUNTY OF PITKIN
The foregoing instrument is hereby acknowledged before me this
day of , 1993, by
and .
Witness my hand and seal.
My commission expires:
Notary Public
11
ACCEPTANCE BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY
The foregoing Agreement and its terms are accepted by the
Aspen/Pitkin County Housing Authority.
ASPEN/PITKIN COUNTY HOUSING AUTHORITY
By:
Title:
STATE OF COLORADO )
ss:
COUNTY OF PITKIN
The foregoing instrument is hereby acknowledged before me this
day of , 1993 , by
and
Witness my hand and seal .
My commission expires:
Notary Public
4 C:\WP51\APCHA\RESOCCUP.AGT 12
I//3 <
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PROJECT: k?) ' a t `! I U_in 1 !iit . S
APPLICANT'S REPRESENTATIVE C}_ 2�_j 1 f1 l.I t Q JZ
REPRESENTATIVE'S PHONE: n - 113
J Q Q
OWNER'S NAME:S S-I-CX � (� ``1sQ • 110 . /! Th( h U
n
SUMMARY v
1. Type of Application: J. r • e • AIM_ As lI'
2 . Describe action/type of development being requested:
n R■ 'e P i O. .. _ .... ��. L
j v i .
3 . " Areas is which Applicant has been requested to respond, types
of reports requested:
•
Policy Area/ -
Referral Agent Comments
�t � `� - 9
�
4 . Review is: (P&Z Only) (CC Only) (P&Z then to CC)
5. Public Hearing: (YES) (NO)
6. Number of copies of the application to be submitted: (�
7 . What fee was applicant requested to submit:\) \ irCI _II. : Y' 0 0
11 • 1 ._ . A
8. Anticipated date of submission: ) -. I
9. CQMMEN S/UNIQUE Cis C RNS: 1 W PUUI^n I rJ
4
frm. pre_app
Sub-Amendment to Approved
PUD Development Plan
for
UTE TRAIL TOWNHOUSES
831 Ute Avenue
Aspen, CO
OWNER: Epoch Properties, Inc
ARCHITECT: River Studio Architects
[William Lipsey • AIA • Principal]
CIVIL ENGINEER: Schmueser,Gordon, Meyer
Jay Hammond
STRUCTURAL ENGINEER: Structural Consultants
Lorin Liberman
ATTORNEYS: Bob Hughes
David Myler
TABLE OF CONTENTS
per Attachment 1 • 1 Pre-Application Summary
2 Application Form
3 Agreement for Payment
per Attachment 2 • 4 Authorization Letter
5 Legal Description
6 Disclosure of Ownership
7 Vicinity Map
per Attachment 3b • 8 Site Plan (reduced)
9 Proposed Garage Plan (reduced)
10 Detailed Project Description
11 Civil Engineer's Letter
Al Site Plan (loose)
A2 Building Elevations (loose)
A3 Building Elevations (loose)
Approved Site Plan (loose)
Original Site Survey (loose)PE
//a 4 ),\
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PROJECT: �}-2. Ir('2 , I;.)-(�A T1hiernA Q/)
APPLICANT'S REPRESENTATIVE:'"CM, t
REPRESENTATIVE'S PHONE: S - D-R` L-
OWNER'S NAME: q' Q®C c10 Y— _ ao
SUMMARY n �( (�
1. Type of Application:SVk) - �n `J- 1..4� PLf . 111 LC_,n
2. Describe action/type of development being requested: V _ , 1
•
3 . Areas is which Applicant has been requested to respond, types
of reports requested:
Policy Area/
Referral Agent Comments
-
1
4 . Review is: (P&Z Only) (CC Only) (g&Z then to C
5. Public Hearing: ' (YEJ) (NO)
6. Number of copies of the application to be submitted/:_
7 . What fee was applicant requested to submit: ) , c15 -1-01L =
8. Anticipated date of submission: VA) ' 1-SS Q Id
9. COMMENTS/UNIQUE CONCERNS:
frm.pre_app
• T1 •
IanD USE APPLICATION PORN
/Prop Name Ute Trail Townhouses
Project Location 831 Ute Avenue Lots 14 & 15A Ute Addition
(indicate street address, lot & block number, legal description where
aPproPriate)
-• Pmt Zoning R/Mv 4) tot Size 17,055.5 sf
5) Applicant's Name, Address & Fbone # Jim Pugh c/o Epoch Properties Inc
359 Carolina Ave, Winter Park FL 32789
6) Representative's Name, Address & Fbo e # William Lipsey c/o River Studio •Architects
414 N. Mill Street, Aspen CO 81611
7" Type of Application (please check all that apply):
Conditional Use _ Conceptual SPA Conceptual H]storic.Dev.
_ Special Review Final SPA • _ Final Historic Dev.
8040 Greenline ___ Conceptual'PUD _ Mir»r Historic Dev.
• Stream Margin Final F[ID ,_ Historic Demolition
Maintain View Plane _ Subdivision • _ Historic Designation
Condani ni innization __ Text/Map Anrxvinent �_ Gt Aloft
_ rot Split,/lot Thin — Qz Martial 7 •
Adjustment
Q) Description of Existing r,g Users ([amber and type
of existing structures;
approximate sq. ft.; number of bedrooms; any previous approvals granted to the.
property)
NA
9) Description of Development Application
Revision of parking: 7 open air parking spaces are to be changed to 7
garageo spaces. 'rue entire parking area will be
furnished with a snow melt system.
0) Have you attached the following?
X Response to Attadment 2, Minimum Submission Contents
X Response to Attadment 3, Specific Sutmission Contents
X Response to Attachment 4, Review Standards for Your Application
•
_ 2
ASPEN/PITKIN PLANNING OFFICE
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and E1'Dc1 r$SP T1ES, twc.
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
Uxe '- 4'cc 'TOWN(Mice s
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 77 (Series of 1992) establishes a fee structure for Planning Office applications
and the payment of all processing fees is a condition precedent to a determination
of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the CITY when they are necessary as costs are incurred.
CITY agrees it will be benefited through the greater certainty of recovering its full
costs to process APPLICANT'S application:
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing or present sufficient information to the
Planning Commission and/or City Council to enable the Planning Commission
and/or City Council to make legally required findings for project approval, unless
current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's
waiver of its right to collect full fees prior to a determination of application
completeness, APPLICANT shall pay an initial deposit in the amount of $
which is for hours of Planning Office time, and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
CITY to reimburse the CITY for the processing of the application mentioned
above, including post approval review. Such periodic payments shall be made
within 30 days of the billing date. APPLICANT further agrees that failure to pay
such accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN APPLICANT
• /�/� \
By: ^ 1 � By: �^�--�.
Diane Moore Mailing Address: Jfl C/WoUnu'i Ave
City Planning Director
Wl nl r&r&PM'K, FL ?27 e c?
Date: II 4-1Q4-
2
�n
EPOCH®PROPERTIES
INCORPORATED
January 17, 1994
Pitkin County
Planning & Zoning Dept.
Aspen, CO
Re: Ute Trail Townhouses/Billings Place
831 Ute Avenue, Aspen, Colorado 81611
To Whom It May Concern:
This letter shall serve as authorization for the following individual to act as
authorized agent on my behalf, as owner of the above-referenced property, with
regard to the application for garage additions:
Mr. William Lipsey, AIA
River Studio Architects
414 N. Mills St.
Aspen, CO 81611
(303) 925-3734
Sincerely,
James H. Pugh, Jr.
President
JHP/eroc/ASPEN/ASP-28
359 Carolina Avenue Winter Park,Florida 32789 407.644.9055 Fax 407.644.9845
JAN 21 '94 03:44PM ORTES HUGHES KNEZEVICH P.1
a.,.
CommonweaIm
Land Title Insurari,_1Company
EXHIBIT A
LOTS 14 & 15A, UTE ADDITION TO ASPEN AND A TRACT OF LAND BEING PART OF
LOTS 33 & 38, SEC. 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH
P.M. LYING NORTHEASTERLY OF AN EXISTING ROADWAY WHICH ROADWAY ABUTS
THE SOUTHWESTERLY BOUNDARY OF THE SAID TRACT WHICH IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY
CORNER OF LOT 14, UTE ADDITION TO ASPEN, THENCE S 45°42 ' 00" W 81 .71
FT. ; THENCE N 27'09 ' 00" W 34 . 27 FT. ; THENCE N 13'51 ' 00" W 47.51 FT. ;
THENCE N 28'34 ' 00" E 57. 60 FT. ; THENCE SOUTHEASTERLY ALONG LINE 1-9
OF THE FORMER BOUNDARY OF THE CITY OF ASPEN TO THE POINT OF
BEGINNING. ALSO DESCRIBED AS THE UTE TRAIL TOWNHOUSES AND THE BILLING
PLACE SUBDIVISION AND P.U.D. ACCORDING TO THE PLAT RECORDED IN PLAT
BOOK 26 AT PAGE 32 AND SUBDIVISION AGREEMENT RECORDED IN BOOK 646 AT
PAGE 16 . COUNTY OF PITKIN, STATE OF COLORADO.
LAW OFFICES OF
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION
THIRD FLOOR.ASPEN PLAZA BUILDING
333 EAST HOPKINS AVENUE
ASPEN. COLORADO 81611
LEONARD M.OATES
ROBERT W. HUGHES AREA CODE 303
RICHARD A.KNEZEVICH
TELEPHONE 92001700
TELECOPIER 320.1121
TED D.GARDENSWARTZ January 17, 1994
OF COUNSEL:
JOHN THOMAS KELLY
Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
Re: Ute Trail Townhouses and the Billings Place Subdivision and PUD
Dear Leslie:
We represent James H. Pugh, Jr., the owner and developer of the above-
referenced property, and in that capacity have examined and are familiar with the real property
records of Pitkin County, Colorado insofar as the property is concerned. We hereby certify to
you that ownership of the property currently is vested in Mr. Pugh subject only to the lien of
a deed of trust recorded August 9, 1993 in Book 720 at Pages 743, et seq. of the Pitkin County,
Colorado real property records in favor of Pitkin County Bank & Trust Co. to secure
construction financing for the mixed free and controlled housing project presently being
constructed on the property.
If you have any questions or require further clarification, kindly let us know.
Since ely,
OAT , H . Y{ I ' ' I-H, P.C.
)1
By: A' -
Robert W. ugh�s r
RWH/tu
cc: James H. Pugh, Jr.
William Lipsey
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UTE TRAIL
TOWNHOUSES
Application to Amend Approved PUD Development Application
Submitted: 1/21/94
by
RIVER STUDIO ARCHITECTS
[William Lipsey • AIA • Principal]
414 North Mill Street
Aspen, CO 81611
ph 925-3734
fax 925-8178
INTRODUCTION: Epoch Properties Inc., owner of the Ute Trail Townhouse
project, would like to amend their approved PUD so that the 7 existing AHU
open air parking spaces would be enclosed in a garage structure with a
snowmelt system under the entire parking access area. These additional
amenities would be provided at no additional expense to the tenants/owners
of the AHU's.
Attachment 2
The following requirements are attached to this application:
1. Letter denoting authorized representative
2. Street address & legal description
3. Disclosure of Ownership
4. 8 1/2" x 11" vicinity map
5. written/graphic description of amendment proposal
Attachment 3a-Specific Submission Contents: Conceptual PUD Plan
See final PUD Development Application on file in the Planning Department.
Attachment 3b-Specific Submission Contents
la(1) A detailed site plan of the already approved PUD is attached with an
overlay that shows the proposed amendment. The complete approved
development application for this property is on file at the Planning
Department.
10 A
la(2) PARKING : The originally approved PUD incorporated 8 garaged
parking spaces for the 3 Free Market Units (FMU's) and 8 open air parking
spaces for the 7 Affordable housing Units (AHU's).
After the PUD was fully approved litigation was initiated by the owners of the
adjoining Black Swan Condominiums. A settlement was reached between
Black Swan and Sister City Housing. A copy of the settlement is on file at the
Planning Department. A component of this settlement was that the 4-plex
AHU's be set back an additional 2 feet from the East property line adjoining
Black Swan. This in turn affected the surface parking for the AHU's reducing
the number of dimensionally legal parking spaces from 8 to 7.
Epoch Properties Inc., the present owner of the Ute Trails Project, wishes to
provide enclosed garages for the 7 AHU parking spaces. The total cost of this
will be borne by Epoch Properties and will not increase the cost of housing to
prospective AHU tenants or owners. In addition, Epoch Properties is
proposing that the entire paved access area to both the FMU and AHU
parking be provided with a snow melt system.
This revised parking plan provides numerous benefits to both the future
occupants of the development and to residents in the immediate
neighborhood:
1. The AHU occupants will each get an enclosed garage and a snow
melt system at no additional cost. The garage will give tenants additional
storage plus year round security and protection for their automobiles. The
presently approved parking spaces are the required minimum of 8'-6" x 18'-6".
The proposed new parking spaces will have interior dimensions of 10'-6" x
18'-6"--an increase of about 25% in width.
2. The proposed enclosed garages will insure visual tidiness to what
could otherwise be an unsightly open air storage area. The snow melt system
will also benefit the neighborhood by eliminating the need for potentially
large, unsightly piles of plowed snow.
3. The proposed garage structure is intended to be constructed out of
the same brick used on the FMU's and thus will visually unify the Affordable
and Free Market units.
4. The proposed garage structure will completely screen the parking
area of the AHU's from their outdoor courtyard thereby increasing the
privacy and quality of that space for the occupants.
la(3) Impact on Public Facilities: The proposed parking upgrade would place
no additional demand on public facilities.
LOB
la(4) Development Schedule: It is anticipated the proposed upgrade would
have no affect on the present anticipated date of completion.
la(5) Public Facilities on Parcel: Not Applicable
Attachment 4 Review Standards: PUD Application
The proposed amendment is to an already approved PUD plan. There would
be no increase to density or floor area of dwelling units. The only change to
the project is the enclosure of the AHU parking spaces.
The proposed parking structure represents an amenity to the owners' of the
AHU's, the FMU's and to the neighborhood and would seem to have no
adverse affects on future development of the surrounding area. No variances
from the underlying R/MF zoning are required relative to height, setbacks,
open space or FAR
Lighting: Indirect, movement activated lighting will be provided for the
proposed parking area as shown on the attached development plan.
" l0 c
0 V A i.w Vy UU2
Al/Z4, Ni 12:Al _'pdUd aab 0040 .. - ...._... .... =•--`�^_ "'"�f �•'.. : -•`
OMIIISMIIIMININ
wcaleR
303)925-6727 sasumn Msa P.O.Box 2155
1-AX(303)925-4157 0010°"'eyor Aspen.CO 81612
January 24, 1 * -
Mr. Bill Lipsey
RIVER STUDIO ARCHITECTS
414 North Mill Street
Aspen, CO 81611
IRE: Ute Trail Townhomes / Billings Place, Parking Drainage
I Dear Bill:
I have reviewed the current plans for enclosing the parking spaces for the Billings Place
affordable housing complex on Ute Avenue. My review was to determine whether enclosing
the parking spaces would affect on-site drainage for the project and cause any change from
the standpoint of compliance with City of Aspen Municipal Code Section 24-7-1004.C.4.f
Storm drainage.
Simply stated,enclosing the parking spaces will have no effect on the on-site drainage forthe
I property. The parking spaces were already included as impervious area in our drainage
calculations for the project. Changing the area from paving to roof surface results in no
change with regard to impervious surfaces in our drainage calculations and therefore requires
no modifications to our on-site drywell or other proposed drainage improvements. Roof drains
I
from the parking structure should be routed to the drywell as are other drains within the site.
If the parking garage structures include internal floor drains,these drains should be routed to
the sanitary sewer due to the potential for toxic substances, such as fuel or anti-freeze,to
Ienter internal drains.
With regard to the site design changes in the area of the drive entry, I have reviewed the
I changes with the designer in our Glenwood Springs office that prepared the original road plan.
We anticipate some minor changes to the grading and layout plan, mostly to replace some of
the valley pans at the site entry with vertical curb. Once again, these modifications will not
Iimpact our ability to address control of off-site drainage from the south.
Fee free to contact me if I may provide additional information or detail.
IVery truly yours,
I SCHMUESER GORDON MEYER. INC.
I Ol.) .Off
I . W. Hammond, P.E.
'ncipal, Aspen Office
JWH:Iec/9296A
•
I 1001 Grand Ave.,Suite 2E•Glenwood Springs,Colorado•(303)945-1004 - I!