HomeMy WebLinkAboutresolution.council.006-04RESOLUTION NO. ~>
Series of 2004
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE CITY
MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF ASPEN, A PRE-ANNEXATION
AGREEMENT BETWEEN THE CITY OF ASPEN AND BURTON B. KAPLAN, PETER L.
CLUCK AND ASPEN GK, LLC, RELATING TO PROPERTY LOCATED IN PITKIN
COUNTY ADJACENT TO THE CITY OF ASPEN.
WHEREAS, there has been submitted to the City Council a proposed Pre-Annexation
Agreement between the City of Aspen, Burton B. Kaplan, Peter L. Cluck, and Aspen GK, LLC,
relating to certain property described in Exhibit A appended hereto; and
WHEREAS, after due deliberation and consideration the City Council has determined that
it is in the best interest of the City of Aspen to approve said Pre-Annexation Agreement and
authorize the City Manager to execute same on behalf of the City of Aspen.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, that the City manager is hereby authorized to execute on behalf of the City
of Aspen the Pre-Annexation Agreement in substantially the form as appended hereto as Exhibit A.
Dated:
~,~ ,2004.
Helen kafin kl~l'ffO{ru'""dT, M-h~or--- ~
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
tree and accurate copy of that resolution adOpted by the City Council of the City of Aspen,
Colorado, at a meeting held r!~~,~~ o~,~::2 , 2004.
Kathryn Sf/K~och~, City Clerk
JPW-01/21/2004 -G: \ j ohn\word\resos\kaplan-pre- annexat ion- reso. doc
PRE-ANNEXATION AGREEMENT
REGARDING THE KAPLAN PARCEL, THE GLUCK PARCEL
AND THE ASPEN GK PARCEL
THIS PRE-ANNEXATION AGREEMENT ("Agreement") is entered into and made on
~r~.~ ~,~ ,2004, by and between the City of Aspen, a Colorado home rule municipal
corporation (the "City"), whose address is 130 South Galena Street, Aspen, Colorado 81611;
Burton B. Kaplan ("Kaplan"), owner of an approximately 45,058 square foot parcel located in
unincorporated Pitkin County, Colorado, legally described on Exhibit "A" attached hereto (the
"Kaplan Parcel"); Peter L. Gluck ("Gluck"), owner of an approximately 1637 square foot parcel
located in unincorporated Pitkin County, Colorado, legally described on Exhibit "B" attached
hereto (the "Gluck Parcel"); and Aspen GK, LLC ("Aspen GK"), owner of an approximately
8,213 square foot parcel located within the City, legally described on Exhibit "C" attached hereto
(the "Aspen GK Parcel"; and collectively with the Kaplan Parcel and the Gluck Parcel, the
"Existing Development Parcels").
Kaplan, Gluck and Aspen GK are hereinafter collectively referred to as the
"Landowners". The address of the Landowners is c/o Peter L. Gluck and Partners, Architects,
646 West 131st at 12t~ Avenue, New York, New York 10027. This Agreement shall become
effective following execution by Landowners and upon approval by the City Council of the City
of Aspen ("City Council") evidenced by a duly approved resolution and by the execution of the
Agreement by either the City Manager, Mayor, or Mayor Pro-Tem.
RECITALS AND REPRESENTATIONS
WHEREAS, the City and Landowners desire to enter into this Pre-Annexation Agreement,
referred to herein as the "Agreement" for the convenience of the parties; and
WHEREAS, Kaplan represents that he is the sole owner of the Kaplan Parcel and Gluck
represents that he is the sole owner of the Gluck Parcel (the Kaplan Parcel and Gluck Parcel are
hereinafter collectively referred to as the "Property Proposed to be Annexed"); and
WHEREAS, the Property Proposed to be Annexed is more than one sixth (1/6) contiguous with
the existing City boundaries and is otherwise eligible to be annexed into the municipal
boundaries of the City in accordance with the Colorado Municipal Annexation Act of 1965, as
amended, C.R.S. Sections 31-12-101, et seq.; and
WHEREAS, the City and Landowners believe that it is in the beSt interests of the citizens of the
City and Landowners that the development of the Property Proposed to be Annexed and the use
and development of the Aspen GK Parcel be cooperatively planned by the parties together with
the Property Proposed to be Annexed; and
WHEREAS, the development plan described in this Agreement and the rights granted to the
Landowners hereby will assist in the creation of affordable housing, open space and a reduction
in free-market residential density below that which would otherWise be likely to be developed on
the Existing Development Parcels, thus fulfilling high priority goals of the City; and
WHEREAS, the Landowners and the City desire to annex the Property Proposed to be Annexed
into the municipal boundaries of the City on condition that all of the terms and conditions of this
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the Landowners shall, in order to establish a basis for finalizing the annexation of the Property
Proposed to be Annexed, submit a land-use application under the relevant provisions of the
Land-Use Code (the "Phase One Land-Use Application"). It is presently anticipated that the
Phase One Land-Use Application will include (1) a request to adjust the boundaries of the
Existing Development Parcels from the current boundaries, which are depicted on Exhibit "E"
attached hereto (the "Current Boundary Map"), to the proposed boundaries depicted on Exhibit
"F" attached hereto (the "Adjusted Boundary Map"); and (2) a request to zone the Property
Proposed to be Annexed to R-15.
(b) Upon the City's approval of the Phase One Land-Use Application on terms
acceptable to the Landowners, the annexation of the Property Proposed to be Annexed shall be
completed contemporaneously therewith.
SECTION 3
PHASE ONE DEVELOPMENT PARCELS.
(a) Upon approval of the Phase One Land-Use Application by the City, the
boundaries of the Existing Development Parcels will be adjusted from those depicted on the
Current Boundary Map to those depicted on the Adjusted Boundary Map (the "Adjusted
Development Parcels"). The Adjusted Development Parcels consist of three lots, identified as
Lot One, Lot Two and Lot Three on Exhibit "F" attached hereto
(b) The exact size of the Adjusted Development Parcels and the location of the
access to Lot. Three shall be established during the review procedure for the Phase One Land-Use
Application.
SECTION 4
ZONING OF PROPERTY PROPOSED FOR ANNEXATION.
The Landowners shall include as part of the Phase One Land-Use Application a request
to zone the Property Proposed to be Annexed. It is anticipated that, subject to all applicable
processes and approvals, the Kaplan Parcel and the Gluck Parcel shall, at the time of annexation,
initially be zoned R-15 by the City. Zoning of the Aspen GK Parcel shall remain R-15, as said
parcel is currently zoned.
SECTION 5
LANDOWNERS' PHASE ONE DEVELOPMENT RIGHTS.
(a) Free Market Lots.
Landowners shall have the right to reconfigure the boundaries of the Existing Development
Parcels into the three (3) free-market Adjusted Development Parcels for single family residential
lots as shown on the Adjusted Boundary Map (or with different boundaries as approved by the
Landowners in connection with the City's review and approval of the Phase One Land Use
Application).
(b) Free Market Lots - FAR.
In the event that single-family residences are later developed on any of the three (3) free-market
Adjusted Development Parcels as provided in Section 6 (a) or Section 9 (b) below, the allowable
floor area shall be determined as provided in Subsection 26.710.D.10 of the Land Use Code,
Dimensional Requirements for the R-15 Zone District, in existence as of December 1, 2003 based
on the total size of the Adjusted Development Parcel in question and shall be measured by using
the City's floor area regulations for square footage inclusions and exclusions as described in
Subsection 26.575.020.A of the Land Use Code in existence as of December 1, 2003, a copy of
which is attached hereto as Exhibit "G" - Floor Area Calculation Method. In the event that a
program for the use of Transferrable Development Rights ("TDR's") is adopted by the City that
allows for the use of TDR's in the vicinity of the Adjusted Development Parcels, the Landowners
shall be eligible to apply for additional floor area under said TDR program.
(c) Free Market Lots - Sizes and Other Development Criteria.
The lot sizes, building envelopes, areas of potential disturbance during construction activity and
other development criteria for each of the three (3) Adjusted Development Parcels shall be
determined through the Phase One Land-Use Application review process contemplated herein.
(d) Free Market Lots - Accessory Dwelling Units.
An Accessory Dwelling Unit (ADU) in conformance with the provisions of Sec. 26.520 of the
Land-Use Code in effect as of December 1, 2003 shall be permitted, but not required, on each of
the Adjusted Development Parcels. The ADU's shall be subject to the occupancy requirements
and allowances of the City's ADU regulations in effect on December 1, 2003, a copy of which is
attached hereto as Exhibit "H" ~ ADU Regulations.
SECTION 6
CITY OPTION TO PURCHASE EASEMENT/LOT THREEi
(a) For a period of six months following the recording of the Phase One Recorded
Documents, the City shall have an option to purchase a conservation easement on Lot Three (the
"CE Option") consistent with subparagraph (b) below, and the terms of which shall insure that
Lot Three's use is limited solely for passive open space and such other purposes as may be
mutually acceptable to the City and the Landowners, and which shall allow the City, at its
expense, to construct and maintain trails within trail easements in locations mutually acceptable
to the City and the Landowners. In order to exercise the CE Option, the City must deliver
written notice of exercise to the Landowners within such six-month period (the "CE Option
Period"). If the City exercises the CE Option, the City's purchase price shall be determined in
accordance with subparagraph (d) below, and the City shall be required to close on the purchase,
in cash, within 60 days after the City's written notice to the Landowners of the exercise of the
CE Option (the "CE Closing Period"). During the CE Option Period, the Landowners agree to
not attempt to obtain a building permit to construct a free-market residence on Lot Three or to
install utilities or a motorized accessway to serve Lot Three. In the event, however, that the City
does not timely exercise its option to purchase Lot Three within the CE Option Period or if the
City timely exercises the CE Option but fails to close within the CE Closing Period, the CE
Option shall automatically and irrevocably terminate and the Landowners shall have the right to
develop a free-market residence and permitted accessory structures on Lot Three according to the
terms of the approvals documented in the Phase One Recorded Documents.
(b) The City agrees that if the CE Option is exercised and the closing occurs, then
prior to the completion of Landowners' Phase Two Development Plan review process described
below, the City will rezone Lot Three from the R-15 zone district to the OS-Open Space zone
district. Further, the City shall place a conservation easement in a form acceptable to the
Landowners for the benefit of the City and the Aspen Valley Land Trust or other similar
organization that prohibits future residential development on Lot Three. The conservation
easement shall protect passive open space values and provide trail access through and across Lot
Three in conjunction with trails on other adjacent properties.
(c) If the City closes on the purchase of the conservation easement after exercise of
the CE Option, for a period of four months following the recording of the conservation easement,
the City shall have an option to purchase the fee interest in Lot Three (the "Purchase Option").
In order to exercise the Purchase Option, the City must deliver written notice of exercise to the
Landowners within such four-month period (the "Purchase Option Period"). If the City exercises
the Purchase Option, the City's purchase price shall be $25,000.00 and the City shall be required
to close on the purchase, in cash, within 60 days after the City's written notice to the Landowners
of the exercise of the Purchase Option (the "Purchase Closing Period"). In the event, however,
that the City does not timely exercise its option to purchase Lot Three within the Purchase
Option Period or if the City timely exercises the Purchase Option but fails to close within the
Purchase Closing Period, the Purchase Option shall automatically and irrevocably terminate.
(d) The City's purchase price for the conservation easement shall be calculated as
follows: The Landowners shall obtain two appraisals of Lot Three (the "Appraisals"), which
shall be acceptable to Landowners in their sole discretion - one of which shall be based on the
assumption that the Phase One Land-Use Application has been approved (the "Unrestricted
Value Appraisal") and the other of which will be based on the assumption that the conservation
easement has been placed on Lot Three (the "Restricted Value Appraisal"). If the difference
between the Unrestricted Value Appraisal and the Restricted Value Appraisal is less than
$1,400,000, the purchase price for the conservation easement shall be $1,275,000. If the
difference between the Unrestricted Value Appraisal and the Restricted Value Appraisal is
between $1,400,000 and $1,500,000, the purchase price for the conservation easement shall be
$1,175,000. If the difference between the Unrestricted Value Appraisal and the Restricted Value
Appraisal is between $1,500,000 and $1,600,000, the purchase price for the conservation
easement shall be $1,125,000. If the difference between the Unrestricted Value Appraisal and
the Restricted Value Appraisal is between $1,600,000 and $1,700,000, the purchase price for the
conservation easement shall be $1,075,000. If the difference between the Unrestricted Value
Appraisal and the Restricted Value Appraisal is $1,700,000 or more, the purchase price for the
conservation easement shall be $1,025,000. Landowners shall determine when the Appraisals
are obtained and shall have the sole right to determine whether the Appraisals are acceptable to
Landowners. The Appraisals shall be performed by licensed appraisers selected by Landowners
and approved by the City, whose approval shall not be unreasonably withheld.
SECTION 7
NO FURTHER SUBDIVISION.
After approval of the Phase One Land Use Application, no further subdivision of the Adjusted
Development Parcels shall be permitted; provided, however, that this restriction shall not apply
to the extent necessary for the Landowners to develop a condominium or planned community
affordable housing project on Lot One and Lot Two, as described in this Agreement.
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SECTION 8
SCHEDULE FOR ANNEXATION.
a. Upon execution by the parties of this Agreement, Landowners shall, at their cost, prepare an
annexation map of the Property Proposed to be AnneXed.
b. Upon completion of the annexation map, Landowners shall execute the Petition to Annex
appended hereto as Exhibit "D". Said petition Shall be conditional UPon the terms and conditiOns
of this Agreement.
c. The City shall prepare, at its cost, all requisite documents and applications necessary to annex
the Property Proposed to be Annexed.
d. Landowners shall prepare, at their cost, the Phase One Land-Use Application (conditional
upon annexation).
e. The City shall initiate review of the annexation and the Phase One Land-Use Application in
accordance with the City's Land Use Code.
f. Upon the granting of the requisite land use approvals for the Phase One Land-Use Application
by the City Council, evidenced by the adoption of an appropriate Ordinance (conditional upon
annexation of the Property Proposed for Annexation) that is consistent with the Development
Plan, the City shall annex the Property Proposed to be. Annexed into the municipal boundaries of
the City.
g. Landowners and the City shall execute at the conclusion of the Appeal Period (as defined at
Section 14(n), below) following the date of annexation, the Phase One Recorded Documents
which incorporate the terms and conditions of the Development Plan as finally approved by the
issuance of a Development Order. The Phase One Recorded Documents shall include the City' s
standard terms and conditions relating to plats, wastewater and surface drainage, utility
connections, trash and recycling removal, snow removal, fire sprinklers, sidewalk and trail
construction and maintenance, driveway, curb and gutter improvements, street lighting,
excavation plans, parking and staging areas, street construction, and maintenance, stream bank
disturbance mitigation, dust control measures, setbacks, as-built drawings, fireplaces and
woodstoves, residential design standards, survey monumentation and restrictions, exterior
lighting, school land dedication fees (if any), park dedication fees (if any), landscaping
improvements, financial security for public improvements and landscaping (if any), and other
similar matters normally and routinely included in similar agreements, except to the extent that
such matters are specifically addressed otherwise in this Agreement, the Development Order or
the zoning for the Adjusted Development Parcels.
SECTION 9
THE PHASE TWO LAND-USE APPLICATION.
(a) Within three (3) months of the recording of the Phase One Recorded Documents, the
Landowners shall prepare, file and process, at their own expense, an application to rezone Lot
One and Lot Two as generally depicted in Exhibit "F" from R-15 to AH/PUD and to request
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PUD and subdivision approval (the "phase Two 'L~hd5lJ~/i~pPliCation'') for an affordable
housing project for the two lots (the "AH Project"). The architectural program for the AH
Project shall include a total of sixteen for-sale (category 4) units intended to be comprised of (i)
fifteen 3-bedroom units, each approximately 1,200 square feet in size, and (ii) one 2-bedroom
unit approximately 950 square feet in size; provided, however, that the final mix of units and the
sizes of the units shall be determined during the City's review of the Phase Two Land Use
Application. In addition, the precise siting of the buildings and other improvements within Lot
One and Lot Two shall be determined during the City's review of the Phase Two Land-Use
Application. The Landowners agree to not seek to obtain a building permit to construct free-
market residences on Lot One or Lot Two or to install utilities to serve the two lots until after
final City action on the Phase Two Land-Use Application or withdrawal of said application by
Landowners. The City shall use commercially reasonable efforts, subject to events of force
majeure or other circumstances beyond the City's reasonable control, to render a final decision
on the Phase Two Land-Use Application within six (6) months after Landowners submit the
Phase Two Land-Use Application.
(b) Landowners reserve the right to unilaterally withdraw the Phase Two Land-Use
Application if: (i) during the course of the City's review of the Phase Two Land-Use
Application, it becomes apparent that the City is not going to approve the Phase Two Land-Use
Application in a form substantially consistent with terms described in this Agreement; (ii) the
City approves the Phase Two Land-Use Application, but such approval contains terms and
conditions that are materially different than the terms described in this Agreement; (iii) the City
approves the Phase Two Land-Use Application in a manner consistent with the terms described
in this Agreement, but the City's approval contains additional terms and conditions that would
have an adverse effect on Landowners and that are not consistent with the City's standard terms
and conditions; or (iv) the City fails to render a final decision on the Phase Two Land-Use
Application within nine (9) months after Landowners submit the Phase Two Land-Use
Application. Upon denial of the Phase Two Land-Use Application by the City or withdrawal of
the Phase Two Land-Use Application by Landowners as permitted in this paragraph,
development of the Adjusted Development Parcels may proceed in accordance with the Phase
One Recorded Documents.
(c) The parties agree that upon final approval of the Phase Two Land Use Application
acceptable to the Landowners, the Landowners shall be solely responsible for the construction of
the buildings, improvements and related utilities for the AH Project. The sale of the affordable
housing units (including sales prices) shall be governed by the then-current rules and regulations
published by the Aspen/Pitkin County Affordable Housing Office.
(d) The City's obligation in regard to the development of the AH Project shall be limited to
paying Landowners a total subsidy (the "Subsidy") of $72,128.00, per bedroom, assuming that at
least 47 bedrooms are approved for construction. Without limiting Landowners' rights pursuant
to subparagraph (b) above, if fewer than 47 bedrooms are approved or the unit mix is changed
substantially from that described in subparagraph (a) above, Landowners shall have the right to
withdraw the Phase Two Land-Use Application unless a different Subsidy amount that is
acceptable to the Landowners is approved. The Subsidy shall be due and payable after final
inspection of the AH Project (but before a certificate of occupancy is issued).
(e) Upon final approval of the Phase Two Land Use Application acceptable to the
Landowners and payment by the City of the Subsidy, the approvals contained in the Phase One
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Recorded Documents with regard tO L6t 0he' te~nate (it being
understood that the approvals for Lot Three shall be governed by the Phase One Recorded
Documents, and, if the City exercises the CE Option, the conservation easement thereon).
(f) Landowners shall construct the AH Project substantially in accordance with the
"Standards for Construction of Future Affordable Housing Projects Built by the City of Aspen",
dated November 5, 2002 (a copy of which is attached hereto as Exhibit 'T'); provided, however,
that unit square footages shall be based on the Aspen/Pitkin County Housing Guidelines
approved January 14, 2003 (a copy of which is attached hereto as Exhibit "J").
(g) Landowners shall use commercially reasonable efforts, subject to events of force
majeure or other circumstances beyond Landowners reasonable control, to: (i) commence
construction of the AH Project within six (6) months after recordation of the documents
evidencing the approvals for the AH Project; and (ii) substantially complete construction of the
AH Project within twenty (20) months after commencement of construction.
SECTION 10
OTHER PROVISIONS OF THE DEVELOPMENT PLAN.
(a) VESTED RIGHTS.
All the City"s land-use approvals received by Landowners shall vest for a period of ten (10) years
or such longer time as may be allowed under any applicable law, regulation or court decision.
The vested rights shall last for a period of ten (10) years after the date the Phase One RecOrded
Documents are recorded. Such vesting shall apply to all the rights and entitlements set forth in
this Agreement and the final development order for the Adjusted Development Parcels. As a
condition of the annexation of the Property Proposed to be Annexed, the parties shall enter into a
development agreement that sets forth the requisite findings to support this extension of vested
rights in accordance with CRS 24-68-104(2).
(b) WATER RIGHTS.
The Development Parcels shall receive City water. Landowners and the City shall enter into a
Water Service Agreement no later than the date the City approves the Phase One Land-Use
Application.
(c) GREEN CONSTRUCTION.
The parties hereto agree that the construction of either free-market residences or affordable
housing units on the Adjusted Development Parcels shall comply with the provisions of any
ordinances adopted by the City requiring environmentally appropriate construction (also known
as "green" construction) techniques, materials and design, that are generally applicable
throughout the City to all residential construction, as the same may exist from time to time.
Notwithstanding the foregoing, if the AH Project is approved and construCted, Landowners shall
be required to receive a score of at least "130 points" under the Aspen/Pitkin County "Efficient
Building Program Checklist".
CITY'S OBLIGATION WITH RESPECT TO ANNEXATION.
The City agrees to annex the Property Proposed to be Annexed provided all of the terms and
conditions of this Agreement are met. The parties acknowledge that annexation and zoning are
subject to the plenary legislative discretion of the City Council and that certain rights of
referendum and initiative are reserved unto its citizens. Notwithstanding any language to the
contrary contained in this Agreement, no assurances of annexation or zoning have been made or
relied upon by the Landowners.
SECTION 12
LANDOWNERS' REMEDY FOR DEFAULT BY CITY.
a. In the event that any action herein contemplated is not taken by the City, then Landowners'
remedies for the breach thereof may include the withdrawal of the annexation petition by Kaplan
and Gluck, the fight to reimbursement for Landowners' costs and fees, including reasonable
attorney fees, incurred in the negotiation, drafting and/or Landowners' performance of this
Agreement or in Landowners' performance of any acts required of the City hereunder and all the
costs incurred as a result of the City's breach, including, without limitation, the preparation and
processing of the development plan, and any attorney fees incurred to perform defense
obligations of the City. In such event, all conditional land use approvals that may have been
granted by the City and this Agreement shall become null and void.
b. To the extent available at law or in equity, in the event of a default in this Agreement by the
City, including, without limitation, any default in its obligations after annexation occurs,
Landowners shall have the right to either terminate this Agreement and obtain its damages, or
pursue specific performance of the City's obligations hereunder. Landowners' "damages" shall
include, without limitation, recovery of.Landowner's costs and fees. In the event the breach by
the City is its failure to extend utility service and facilities to the Adjusted Development Parcels
as and when required by this Agreement or the Water Service Agreement, Landowners' remedies
shall include the right to obtain a Court order requiring that the City convey to Landowners,
easements over, under and across the City's property and/or along its existing utility facilities
where such easements are necessary for Landowners to construct and maintain the utilities that
the City failed to provide. Landowners shall have the fight to construct such utility facilities
reasonably necessary to serve the Adjusted Development Parcels in the event the City does not
fulfill its obligations under the Agreement. The foregoing remedy is in addition to all other
remedies Landowners may have at law or equity, including the right to damages and the remedies
provided for in the Agreement.
SECTION 13
CITY'S REMEDY FOR DEFAULT BY LANDOWNERS.
In the event that Landowners default in any of their duties as set forth herein, the City shall have
the fight to withhold or revoke any permits or certificates issued to Landowners pursuant to this
Agreement, including but not limited to building permits and certificates of occupancy or by an
action for specific performance filed in the Pitkin County District Court. In such event, the
prevailing party in any such action shall be entitled to recover all of its costs for enforcement,
including reasonable attorney fees.
SECTION i~
MISCELLANEOUS
(a) Waiver. A waiver by any party to this Agreement of the breach of any term or
provision of this Agreement shall not operate or be construed as a waiver of any subsequent
breach by either party.
(b) Binding Effect. The parties hereto agree that this Agreement, by its terms, shall
be binding upon the successors, heirs, legal representatives, and assigns thereof and shall
constitute covenants running with the Existing Development Parcels and Adjusted Development
Parcels. In the event that all or part of either the Existing Development Parcels or the Adjusted
Development Parcels are sold, transferred, or otherwise conveyed to additional or multiple
parties, all owners shall be jointly and severally responsible for all terms, conditions, and
obligations set forth in this Agreement.
(c) No Third Party Beneficiaries. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the City and Landowners and nothing contained in
this Agreement shall give or allow any such claim or right of action by any other third person on
such Agreement. It is the express intention of the City and Landowners that any person other
than the City, or Landowners who receives services or benefits under this Agreement shall be
deemed to be an incidental beneficiary only.
(d) Governing Law. This Agreement shall be governed by the laws of the State of
Colorado. The parties agree and acknowledge that this Agreement may be enforced at law or in
equity as a contractual obligation. This Agreement is intended to provide a contractual
relationship between the City and the Landowners to ensure compliance with all rights and
requirements contained herein. In addition to any other available remedies, it is understood and
agreed that the City may withhold or revoke any permits or certificates, including but not limited
to building permits and certificates of occupancy, for any lot created within the Development
Parcels in the event of a breach of this Agreement by the Landowners. The prevailing party in
any litigation between Landowners and the City concerning this Agreement shall be entitled to
an award of its attorney fees and costs.
(e) Additional Documents. The parties agree to execute any additional documents
or take any additional action that is necessary to carry out this Agreement.
(f) Counterparts. This Agreement may be executed in several counterparts, each of
which shall be deemed an original and all of which shall constitute but one and the same
instrument.
(g) Captions. The captions of the paragraphs are set forth only for the convenience
and reference of the parties and are not intended in any way to define, limit or describe the scope
or intent of this Agreement.
(h) Integration/Amendment. This Agreement represents the entire agreement
between the parties and there are no oral or collateral agreements or understandings. Only an
instrument in writing signed by the parties may amend this Agreement.
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(i) Assignment. All or ~a~ bf the tights; Obligations or resPOnSibilities set forth in
this Agreement may be assigned by LandoWners to an entity in WhiCh LandOwners or their
affiliates have an interest, without requiring the consent of the City.
(j) Invalidation. Invalidation of any of the provisions of this Agreement or any
paragraph sentence, clause, phrase, or word herein or the application thereof in any given
circumstance shall not affect the validity of any other provision of this Agreement, except that if
such invalidation diminishes the rights of Landowners, Landowners may elect to terminate this
Agreement and render it null and void.
(k) Recording. The City shall record this Agreement with the Clerk and Recorder's
Office of Pitldn County. Landowners shall pay the reasonable cost of recordation of this
Agreement. The terms, conditions, rights and benefits of this agreement shall run with title to the
land.
(1) Exhibits. Unless otherwise stated in this Agreement, exhibits referenced in this
Agreement shall be incorporated into this Agreement for all purposes.
(m) Annexation. In the event that any person, corporation, special district, municipal
or county government, or any other entity or person asserts any claim against the City, its
officials, or employees pursuant to the provisions of the Colorado Municipal Annexation Act,
C.R.S. § 31-12-101 et seq., or asserts any other claim, based on any theory of law whatsoever,
challenging the rezoning and development of the Existing Development Parcels and/or Adjusted
Development Parcels, or the approval of the Development Plan as contemplated by this
Agreement, the City shall vigorously defend against such an action and may consent to and
permit the entry by the court of an order voiding the annexation or reach another means of
settlement of claims, provided that no consent to an order voiding the annexation or settlement
which adversely affects Landowners' rights hereunder or under any development approvals
contemplated hereby, shall be entered into without Landowners' written consent. The City's
defense of any such action(s) shall also include the vigorous defense, at its sole cost, of the
interests of Landowners. If, by reason of such suit, this Agreement is found to be void or
unenforceable, then as between the City and Landowners, this Agreement shall become null and
void, and if at such time the annexation of the Kaplan and Gluck Parcels has already occurred,
the City shall, upon a petition for de-annexation submitted by either Kaplan or Gluck, approve
the de-annexation of the relevant parcel.
(n) Appeal Period. Any time period established by this Agreement upon one or the
other party to take any action shall be suspended until the expiration of any jurisdictional appeal
time for the initiation of a judicial challenge to any action taken by the City or the time permitted
for the initiation of an initiative or referendum challenge. If the annexation of the Property
Proposed to be Annexed, any requisite land use approval, or any action required by the City is
challenged by a referendum or initiative, or is subjected to a judicial court proceeding, all
provisions of this Agreement, together with the duties and obligations of each party, shall be
suspended pending the outcome of the election or court proceeding (including any appeals). If
the referendum, initiative, or court challenge results in disconnection of the Property Proposed to
be Annexed from the City, then this Agreement shall be null and void and of no further effect. If
the referendum, initiative, or court challenge fails, then the parties shall continue to be bound by
all of the terms and provisions of this Agreement and any other agreements made in connection
therewith.
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(o) Title Matters. Whenever there appears a requirement to dedicate or convey land
to the City, the owner of the relevant parcel to be conveyed shall provide a title policy that shall
indicate that the property is free and clear of all encumbrances whatsoever which would impair
the use of the property as proposed in this Agreement or in any further document. Further, said
title policy shall show that the property to be dedicated or conveyed to the City is free and clear
of all encumbrances which would make said dedications or conveyances unacceptable to the City
as the City, in its sole discretion, determines. Should such title policy reflect encumbrances that
may impair the use of the property as proposed or which would make the dedications or
conveyances unacceptable, the City may take whatever action or seek whatever remedies it
deems advisable, including without limitation disconnection from the City of all or a portion of
the Property Proposed to be Annexed, if already annexed into the City, withholding of any
development reviews, or declaring this Agreement null and void. Provided, however, the City
shall not have any right to seek damages against Landowners.
CITY OF ASPEN, a municipal corporation:
itl~'~
ATTEST:
LANDOWNERS:
ASPEN GK, LLc
Charles Kaplan
Title:
APPROVED AS TO FORM:
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STATE OF COLORADO
COUNTY OF PITKIN)
Acknowledged before
me this day Of 2004, by
as of the City of ASpen, Colorado.
My commission expires:
Notary
STATE OF ILLINOIS
COUNTY OF
Acknowledged before me this ,,~ n.~day of ?"~~ 2004, by BURTON
B. KAPLAN in his capaCity as owner of the Kaplan,,P. arCel
MARLENE J. NEI
-.
Notary
My co~ssion expires:
STATE OF NEW YORK )
Acknowledged before me this ..~ ~gdday of ~ ~ -,}, (.~ l'~ 2004, by PETER L.
GLUCK in his capacity as owner of the Gluck Parcel. ~)
. Nota~ t ~-(SYED NASIM RAHMAN
My co~ssion expires: ......... "- o'-*e of New York
No. 60-4970574
STATE OF ~W YORK ) Qualifi~ in Westch~ter Coun~
~ ' )SS.
Ac~owledged before me' this ~ ~day of ~'~ O'~ 2004, by Charles
Kaplan in his capacity as ~[/~ ~ of Aspen GK, LLC, a COlorado lj~ted li~~
My co~ssion expires: SYED NA$IM RAHMAN
Notary Public state of New York
No. ~-4970574
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(Proposed to be Annexed)
A tract of land situated in the Southeast Quarter of Section 12, Township 10 South, Range 85 West of the 6rh P.M., Pitkin
County, Colorado, the M.W. (aka Martha Washington) Lode Mining Claim U.S.M.S. No. 5793 described as follows:
Beginning at Comer No. 2 of said M.W. Lode Mining Claim whence Corner No. 8 of Townsite of Aspen, Colorado bears S
60o58'30'' E 3268.56 feet;
thence N 76°38' E 63.70 feet along line 1-5 of said M.W. Lode Mining Claim to the TRUE POINT OF BEGINNING;
thence N 02°26' E 321.47 feet to line 7-8 of the Townsite of Aspen;
thence S 55°16' East along said line 7-8 to the Townsite of Aspen 223.15;
thence S 02°26' W 155.90 feet;
thence S 76°38' W 196.05 feet to the TRUE POINT OF BEGINNING.
AND
A parcel of land being part of Lot 17, situated in Section 12, Township 1'0 South, Range 85 West of the 6th P.M., lying
Southerly of the Aspen City Southerly boundary, and.Northwesterly of Line 2-3 of MW Survey No. 5793, which is further
described as: ~ '
Beginning at the intersection of said ASpen boundary and Line. 2-3, also being the Northeast Corner of said Lot 17;
thence S 76°-38'00'' W 14.85 feet along said Line 2'3 to the SoUtheaSt Corner of Lot 17;
thence N 55°20'24" W 4.74 feet along Said Lot 17 Southerly bOUndary;
thence N 02°26'00" E 13.08 feet to'a point on said Aspen boundary;
thence S 55°17'06".E 21.64 feet along said ASpen boundary to the Northeast' COrner of said Lot 17, the.point of beginning.
~ ~Uon o~ Cluck'Parcel
(Proposed to be Annexed)
Lot 18 and M.S. 7329. Section 12. Township 10 SOuth, Range 85 West of the 6th P.M.
EXHIBIT "C'
Legal. Description of Aspen GK. Parcel.
A tract Of land situated in the Southeast Quarter of Section 12, Township 10 South, Range 85 West of the 6th P.M. being a
part of the City and Townsite of Aspen, The M.W. (aka Marth Washington) Lode Mining Claim U.S.M.S. No. 5793 and The
Mary B. No. 2 Lode Mining Claim U.S.M.S. No. 1'9640, d~sCribedas folloWs:
Beginning at Comer No. I of the said M.W. Lode whence Comer No. 8 of said Townsite of Aspen bears S 60"58'30" E
3,268.56 feet;
thence N 76°38' E 63.70 feet along line 1-5 of said M.W. Lode, {o the TRUE POINT OF BEGINNI NC;
thence N 02°26' ~E 342.40 feet to the South line of Hopkins Street whence the point of intersection of the said South line of
Hopkins Street with line 1-6 of the Mary B. Lode Mining Claim U.S.M.S. No. 5792 (Unpatented) bears N 75°09'1.1" W 62.75
feet;
thence S 75°09'11" E 150.05 feet along said South line of Hopkins Street and its extensior~,to the Northwesterly Comer of
Lot A, Block 32 of said City and Townsite of Aspen;
thence Southerly along the Westerly line of said Lot A, 66.77 feet to line 3-4 of said M.W. Lode;
thence S 55°16' E 66.69 feet along said line 3-4 to Comer 4 of said M.W. Lode;
thence S 02°26' W 155.9 feet to Comer 5 of said M.W. Lode;
thence S 76°38' W 196.05 feet along line 5-1 of said M.W. Lodeto the TRUE POINT OF BEGINNING.
AND
TH E SOUTHERLY 20 FEET OF LOTS A, B, C, BLOCK 32, CITY AND TOWNSITE OF ASPEN.
EXCEPT those tracts of.land lying within the above Parcels A & B, conveyed by Stanford H. Johnson to Lost Diamond,
Inc., by Deed recorded November 17, 1986 in Book 522 at Page 836 and May 25, 1988 in Book 564 at Page 863.
PETITION FOR ANNEXATION OF TERRITORY
TO THE CITY OF ASPEN, COLORADO
The undersigned Petitioner, being the landowners of at least fifty percent of the area within the exterior
boundary of the territory hereinafter described, respectfully request the City Council of the City of Aspen to approve
the annexation of the proposed area to be annexed in accordance with the provisions of C.R.S. I973 31-12-101, et.
seq., as may have been amended, and in support thereof allege as follows:
1, It is necessary and desirable that the ten'itory described in the land description below be annexed
to the City of Aspen.
2. The requirements of C.R.S. 1973 31-12-104 and 31-12-I05 exist or have been met.
3. The Petitioners are all of the owners of the territory sought to be annexed and therefore are the
owners of more than 50°4 of~he territory sought to be annexed.
REQUEST:
The Petitioners request that the City of Aspen approve the annexation of the land deScribed below
ATrACHMENTS:
Accompanying this Petition are the following:
(a) Circulator's affidavit
(b) Proof of Ownership (copy of Title Policy from Pitkin County Title, Inc.)
(c)
Four (4) prints of an.annexation map containing the information required by
C.R.S. 1973 31-8-107.
NAME, MAILING ADDRESS DATE SIGNAT~ILE , '
Peter L. Gluck 19 Union Square WeSt, 12t~ Floor. ~]~ ;~ HE~ ~~.~.. ¢~
New York, NY 10003
Legal description of land owned by Peter L. GluCk (Parcel 3): SEE ATTAC
Burton B. Kaplan
1780 Green Bay Road, #205
Highland Park, IL 60035
Legal description of land owned by Burton B~ Kaplan (ParCel 2): SEE ATTACHED
COUNTERPARTS:
This Petition may be signed in multiple counterparts, all ofwhich~ when taken together shall cOnstitute one
document.
P1/TITION FOK ANI~XAT/ON OF I'ERRrl~Ry
TO THE CITY OF ASPEN, COLORADO
Thc undc~ign~d Pa/fiend, b~ing thc landowners of at least fifty Frrr. cnt of thc ama within the exterior
boumhry of the t~ritory herelnafl~ described, tespecff~y request the City Council of the City o£ A~:n to approve
the annexation of the proposed area to be ann~x~xi/n accordance with fl~e prov/sions of C.R.$. 1973 31-12-101,//.
se_fi~., as may have be~m amended, and/n support ther~of~llege as follows:
I. It/~ nece~ary and des/table that the territory descn'bed/n the land descr/pt/on b~low 1:~ annexe~l
to the C/ty of As-pm.
The P~'t/tioners request that the City of A~e= approve the arm~a~on of th~ hud de~n'b~d bdow
AccomFanying this Petition are the following:
(a) CirculatOr's affidavit
Co)
(0
Proof of Ownership (copy of Title Policy from Pi&in County Title, I~c.)
Four (4) prints of an annexatiO~ map ¢ontai.~'_m.g the informatiott required by
C.R,S. 1973 31-8-107.
NAME
MAILING ADDRESS
DATE SlONATLrI~/
P,st~r L. Gluck ' 19 Union ~ W~st, 12'~ Floor
N~w York, NY 10003
L~gal descrlption'ofland own~l by Peter L:-Oluck (Parcel 3): SEB'ATI'ACHED
Legal descr/pfion ofhnd owed by lhtrton lk Kaplan (Parcel 2): SEB ATTA~L
This P~ition may be signed in multiplc counterparts, ali of which, when taken to~ether shall constitute o~e
docu~eat.
AFFIDAVIT OF CIRCULATOR
STATE OF NEW YORK
The undersigned, being duly sworn, deposes and states as folloWs:
1. I am over the age of 21 years;
2. I am the circulator of the foregoing Petition; and,
· 3. Each signature thereon is the signature of the person whose name it purports to be.
Charlie Kaplan
Kaplan.
Subscribed and sworn to before me on this
day of . , ~
, by Charlie
WITNESS MY HAND AND OFFICIA~ SEAL.
My commission expires: ~.//.f//~ /
MAXiNE IA..EISNER
NOTARy PUBLIC. glato o! NeW York
NO. ~1-4C06500
Ouailaod . ,,w Y~k CO~t~ty
Notary PuMi$ '
FNT
SCHEDULE A-OWNER'S POLICY
CASE NUMBER DATE OF POLICY
PCT14730C2 January 10, 2000 @ 10:12 AM
AMOUNT OF INSURANCE
SEE ATTACHED SCHEDULE
POLICY NUMBER
1312-161455
1. NAME OF INSURED:
ASPEN GK, LL.C., A COLORADO LIMITED LIABILITY COMPANY, AS TO PARCEL 1
BURTON B. KAPLAN, AS TO PARCEL 2
PETER L. GLUCK, AS TO PARCEL 3
2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS:
IN FEE SIMPLE
3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN:
ASPEN GK, L. LC., A COLORADO LIMITED LIABILITY COMPANY, AS TO PARCEL 1
BURTON. B. KAPLAN, AS TO PARCEL 2
PETER L. GLUCK, AS TO PARCEL 3
4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF
COLORADO AND IS DESCRIBED AS FOLLOWS:
See Attached Exhibit "A"
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AV~.
ASPS, COLORADO 81611
(9?'0) 925-1766/(970)-92~-6527 FAX
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE pREPRINTED'NUMBER ONTHE COVER SHEETi
EXHIBIT "Aii
LEGAL DESCRIPTION
PARCEL 1:
A tract of land situated in the Southeast Quarter of Section 12, Township 10 South, Range 85 West of the 6th P.M. being a
part of the City and Townsite of Aspen, The M.W. (aka Marth Washington) Lode Mining Claim U.S.M.S. No. 5793 and The
Mary B. No. 2 Lode Mining Claim U.S.M.S. No. 19640, described as folloWs:
Beginning at Corner No. 1 of the said M.W. Lode whence Corner No. 8 of said Townsite of Aspen bears S 60°58'30" E
3,268.56 feet;
thence N 76°38' E 63.70 feet along line 1-5 of said M.W. Lode, to the TRUE POINT OF BEGINNING;
thence N 02°26, E 342.40 feet to the South line of Hopkins Street whence the point of intersection of the said South line of
Hopkins Street with line 1-6 of the Mary B. Lode Mining Claim U.S.M.S. No. 5792 (unpatented) bears N 75°09'11'' W62.75
feet;
thence S 75°09'11" E 150.05 feet along said South line of Hopkins Street and its extension to the Northwesterly Corner of
Lot A, Block 32 of said City and Townsite of Aspen;
thence Southerly along the Westerly line of said Lot A, 66.77 feet to line 3-4 of said M.W. Lode;
thence S 55°16' E 66.69 feet along said line 3-4 to Corner 4 of said M.W. Lode;
thence S 02°26' W 155.9 feet to Corner 5 of said M.W. Lode;
thence S 76°38' W 196.05 feet along line 5-1 of said M.W. Lode to the TRUE POINT OF BEGINNING.
AND
THE.SOUTHERLY 20 FEET OF LOTS A, B, C, BLOCK'32, CITY AND TOWNSITE OF ASPEN.
EXCEPT those tracts of land lying within the above Parcels A & B, conveyed by Stanford H. ,Johnson to Lost Diamond,
Inc., by Deed recorded November 17, 1986 in Book 522 at Page 836 and May 25, 1988 in Book 564 at Page 863.
PARCEL2:
A tract of land situated in the Southeast Quarter of Section 12, Township 10 South, Range 85 West of the 6rh P.M., Pitkin
County, Colorado, the M;W. (aka Martha Washington) Lode Mining Claim U.S.M.S. No. 5793 described as follows:
Beginning at Corner No. 2 of said M.W. Lode Mining Claim whence Corner No. 8 of Townsite of Aspen, Colorado beara S
60°58'30'' E 3268.56 feet;
thence N 76°38' E 63.70 feet along line 1-5 of said M.W. Lode Mining Claim to the TRUE POINT OF BEGINNING;
thence N 02°26"E 321.47 feet to line 7-8-of the Townsite of Aspen;
thence S 55°16' East along said line 7-8 to the Townsite of Aspen 223.15;
thence S 02°26' W 155.90 feet;
thence S 76°38' W 196.05 feet to the TRUE POINT OF BEGINNING.
AND
A parcel of land being part of Lot 17, situated in Section 12, Township 10 South. Range 85 West of the 6th P.M., lyiag
Southerly of the Aspen City Southerly boundary, and Northwesterly of Line 2-3 of MW Survey No. 5793, which is further
described as:
Beginning at the intersection of said Aspen boundary and Line 2-3, also being the Northeast Corner of said Lot 17;
thence S 76°38'00" W 14.85 feet along said Line 2-3 to the Southeast Corner of Lot 17;
thence N 55°20'24"'W 4.74 feet along said Lot 17 Southerly boundary;
thence N 02°26'00'' E 13.08 feet to a point on said Aspen boundary;
thence S 55? 17'06" E 21.64 feet along said Aspen boundary to the Northeast comer of said Lot 17, the point of beginning.
PARCEL3:
Lot 18 and M.S. 7329, Section 12, Township 10 South, Range 85 West of the 6th P.M.
INSURANCE ALLOCATION
The following amounts are the amount of insurance allocated to each parcel under
Fidelity National Title Insurance Policy No. 1312-161455
Parcel 1 allocated insurance amount $351,000.00
Parcel 2 allocated insurance amount $1,599,000.00
Parcel 3 allocated insurance amount $10.00
In no evem shall the amount of insurance exceed the allocated amounts for each parcel as
set forth above.
FIDELITY NATI~ N TITLE INSURANCE COMPANY
BY:
AUTHC~D ~FFICER
PITKI~OUNTY TITLE, INC. 601 E. HOPKINS AVE. 3m) FLOOR
ISSUED BY:
ASPEN, COLORADO 81611
SCHEDULE B'OWNERS
CASE NUMBER
PCT14730C2
DATE OF POLICY
January 10, 2000 @ 10:12 AM
POLICY NUMBER
1312,161455
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
4.
5.
6.
7.
Rights or claims of parties in possession not shown by the public records.
Easements. or claims of easements, not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public rebords.
Any lien, or right.to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
Water rights, claims or title to water.
Taxes for the year 2000 not yet due or payable.
Right of the p~oprietor of a vein Or lode to extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the
authority of the United States as reserved in United States Patent recorded September 18, 1923 in Book 136 at
Pages 405 and 453.
Easement for ingress and egress as set forth in Deed recorded November 17, 1986 in Book 522 at Page 836.
EXCEPTIONS NUMBERED I and 4 ARE HEREBY OMITTED.
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GIUCK PARCEI:
~G28
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~ESF H_~p_K/_NS m VENUE
OWNERS
ASPEN GK, LLC
646 WEST 131ST STREET
NEW YORK, NY 10027
PH: 212.690.4950
FAX: 212.690.4961
Peter L. Gluck and Partners, Architects
646 W 131 St at 12 Ay, NY, NY 10027 T~t:212,69014950 Fax: 212~690~4961
LITTLE AJAX
Dote:
Scale: ~'~'
EXHIBIT "E':
MAP OF EXISTING DEVELOPMENT PARCELS
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LOTTHREE:
HO?K/NS A V~NU£
]
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OWNERS
ASPEN GK, LLC
646 WEST 131ST STREET
NEW YORK, NY 10027
PH: 212.690.4950
FAX: 212.690.4961
Peter L. Gluck and Partners, Architects
646 w 131 St at 12 Ay NY, NY 10027 Tel: 212.690.4950 Fax::212.690 496~
LIT]'LE AJAX
Dote: 1,19.03
Scole: 1"=60'-0"
EXHIBIT
MAP OF ADJUSTED DEVELOPMENT PARCELS
EXH1BIT "G'
Floor Area CalCUlation Method
(Page One Of Bee)
26.710.050 .Moderate'Density Residential (R-15).
D. Dimensionalrequirements. The following dimensional requirements shall apply to all permitted
0nd conditional uses in the Moderate-DenSity Residential (R-15) zone diStrict.
10. External floor area ~atio (applies to, conforming ,and nonconforming lots of record:.
* Total external floor area ratio .for two detached residential dwellings or a duplex on a lot less
than twenty thousand (20,000) square feet when the property is listed on the Aspen Inventory of His-
toric Sites and Structures shall not exceed the floor area allowed for one detached residential dwelling.
(Does not apply to the .R-30 zone district.)
EXHIBIT "G"
Floor Area Calculation'Method
(Page Two Of Three)
26.575;020 Calculations and measurements.
The purpose of this Section is to set forth supplemental regulations which relate to methods for
calculating and measuring certain enumerated terms as used in this Title. The de£mitions of the'terms
are set forth at Section 26.104.100.
A. Floor area. In measuring floor areas for floor area ratio and allowable floor area, the following
applies:
1. General. In measuring floor area for the purposes of calculating floor area ratio and allowable
floor area, there shall be included that floor area within the surrounding exterior walls (measured
from their exterior surface) of a building, or portion thereo£
2. Decks, Balconies, Porches, £og~ias and.$tairw~_ s. The calculation of the floor area of a
building or a portion thereof shall not include decks; balconies, exterior stairways, terraces and
Similar features, unless the area of these features is greater than fifteen (15) percent of the maxi-
mum allowable floor area of the building (the excess of the 15% shall be included). Porches shall
not be counted' towards FAR.
3. Garages, Carports and Stora~e,~reas. In all zone districts except the R-15-B zone district, for
the purpose of calculating floor area ratio and allowable floor area for a lot whose principal use is
residential, garages, carports, and storage areas shall be excluded up to a maximum area of two
hundred fifty (250) square feet per dwelling unit; all garage, carport, and storage areas between
two hundred fifty (250) and five hundred (500) square feet shall count fifty (50) percent towards
allowable floor area; ali garage, carport and storage areas in excess.of five hundred (500) square
feet per dwelling unit shall be included as part of the residential floor area calculation. For any
dwelling unit which can be accessed from an alley or private road entering at the rear or side of
the dwelling unit, the garage shall only be excluded from floor area calculations up to two hun-
dred fifty (250) square feet per dwelling unit if it is located On said alley or road; all garage, car-
port and storage areas between two hundred fifty (250) and five hundred (500) square feet shall
count fifty (50)percent towards allowable floor area. For the purposesof determining the exclu-
sion, if any, applicable.to garages, carports, and storage areas, the area of all structures on a parcel
shall be aggregated. In the R-lB zone district, garage, carport, and storage areas shall be limited to
a five hundred (500) square'foot exemption
EXHIBIT "G'
Floor Area Calculation Method
(Page Three Of Three)
4. Subgrade areas. To determine the portion ofsubgrade areas that are to be.included in calculat-
ing floor area, the following shall apply:
a. For any story that is partially above and partially below natural or finished grade, which-
ever is lower, the total percentage of exterior surface wall area that is exposed above the most
restrictive of the grades shall be the total percentage of the gross square footage of the subject
story included in the floor area calculation. Subgrade stories with no exposed exterior surface
wall area shall be excluded from floor area calculations.
.(Example: If fifteen (15)percent of the exterior surface Wall area has been exposed above
natural or finished grade (whichever is lower), then fifteen (15) percent of the gross square
footage of the subject story will be included as floor area.)
b. Also excluded from floor area calculations shall be any portion ora subgrade accessory
dwelling unit whose exterior surface wall area is eXposed above grade for glass, window
openings, doors, and similar ways of getting light and air into the unit, or that provides re-
quired Uniform Building Code egress to the unit. The maximum amount of this exclusion
shall be one hundred (100) s.fofthe floor area of the accessory dwelling unit.
c. For any dwelling unit that can be accessed from an alley or private road entering at the
rear or side of the dwelling unit, the garage or carport shall only be eligible for the
exclusions described'in sub-sections a. and b. if it is located along said alley or road.
d. In the R-15B zone d/strict only, garages, carports, and storage areas shall be excluded
from residential floor area calculations up to a maximum of five hundred (500) square feet per
dwelling unit.
5. (RePealed by Ord. No. 56-2000, § 8)
6. Accesso~ Dwellin~ Units. An Accessory Dwelling Unit shall be calculated and attributed to
the allowable floor area for a parcel with the same inclusions and exclusions for calculating Floor
Area as defined in this section, unless eligible for an exemption as described below:
Detached andpermanentl¥ affordable ADU Floor Area Exemption. One hundred (100) per-
cent of the Floor Area of an ADU which is detached from the Primary residence and deed re-
' stricted as a "For Sale" affordable housing unit and transferred to a qualified purchaser in accor-
dance with' the Aspen/Pitkin County Housing Authority Guidelines, as amended; shalI be ex-
cluded from the calculation of Floor Area.
7. Linked Pavilion. Any element linking the principal structure to an accessory structure shall not
be included in the calculation offl0or area provided that the linking structure is no more than one
(1) story tall, six (6) feet wide and ten (10) feet long. Areas of linking structures in excess often
(10) fee.t in length shall be counted in floor area.
26.520.010
EXHIBIT 'fi-I"
ADU Regulations
(Page One Of Seven)
Chapter 26.520
ACCESSORY DWELLING UNITS
Sections:
26.520.010
26.520.020
26.520.030
26.520.040
26.520.050
26.520.060
26.520.070
26.520.080
26.520.090
General.
Authority.
Applicability.
Design Standards.
Calculations and Measurements.
Deed Restrictions and Enforcement.
Procedure.
Amendment of an ADU Development Order.
26.520.010 Purpose.
The purpose of the Accessory Dwelling Unit (ADU) Program is to. promote the long-standing
community goal of socially, economically, and environmentally responsible development pat-
terns which balance Aspen the resort and Aspen the cortnnunity. Aspen values balanced
neighborhoods and a sense of commonality between working residents and part-time residents.
ADUs represent viable housing opportunities for working residents and allow employees to
live within the fabric of the community without their housing being easily identifiable as "em-
ployee housing." ADUs also help to address the affects of existing homes, which have pro-
vided workforce housing, being significantly redeveloped, often as second homes.
ADUs support local Aspen businesses by providing an employee base within the town and
providing a critical mass of local residents important to preserving Aspen's character. ADUs
allow second homeowners the opportunity to hire an on-site caretaker to maintain their prop-
erty in their absence. Increased employee housing opportunities in close proximity to employ-
'merit and recreation centers is also an environmentally preferred land use pattern, which re-
duces automobile reliance.
Detached ADUs emulate a historic development pattern and maximize the privacy and livabil-
ity of both the ADU and the primary unit. Detached ADUs are more likely to be occupied by a
local working resident, furthering a community goal of housing the workforce.
To the extent Aspen desires detached Accessory Dwelling Units which provide viable and liv-
able housing opportunities to local working residents, detached ADUs qualify existing vacant
lots of record and significant redevelopment of existing homes for an exemption from the
Growth Management Quota System. In addition, detached ADUs deed restricted as "For Sale"
units, according to the Aspen/Pitkin County Housing Authority Guidelines, as amended, and
sold according to the procedures established in the Guidelines provide for certain Floor Area.
incentives. (Ord. No. 46--2001, § I (part))
(A~,, 2m2) 67 8
ADU Regulations
(Page Two Of Seven)
26.520.020
26.520.020 General.
An Accessory Dwelling Unit, or ADU, is a separate dwelling unit incidental and subordinate
in size and character to the primary residence and located on the same parcel or on a contigu-
ous lot under the same ownership. A primary residence may have no more than one ADU. An
ADU may not be accessory to another ADU. A detached ADU may only be conveyed separate
from 'the primary residence as a "For Sale" Affordable Housing unit to a qualified purchaser
pursuant the Aspen/Pitldn County Housing Authority Guidelines, as amended. An ADU shall
not be considered a unit of density with regard to zoning requirements. Accessory dwelling
units shall not be used to obtain points in the affordable housing category of the Growth Man-
agement Quota System (GMQS). Accessory dwelling units also may not be used to meet the
requirements of Chapter 26.530 "Residential Multi-Family Housing Replacement Program."
All ADUs shall be developed in conformance with this Section. (Ord. No. 46-2001, § 1 (part))
26.520.030 AuthOrity.
The Community Development Director, in accordance with the procedures, standards, and
limitations of this Chapter and of Common 'Development Review Procedures,. Chapter 26.304,
shall approve, approve with conditions, or disapprove a land use application for an Accessory
Dwelling Unit.
An appeal of the Community Development Director's determination shall be considered by the
Planning and Zoning Commission and approved, approved with conditions, or disapproved,
pursuant to Section 26.520.080, Special Review.
A land use application requesting a variation of the ADU design standards shall be approved,
approved with conditions, or disapproved by the Planning and Zoning Commission, pursuant
to Section 26.520.080, Special Review.
If the land use application requesting a variation of the ADU design standards is part of a
consolidated application process, authorized by the Community Development Director,
requiring consideration by the Historic Preservation Commission, the Historic Preservation
Commission shall approve, approve with conditions, or disapprove the variation, pursuant to
Section 26.520.080, Special Review. (Ord.'No2 4'6-2001, § 1 (part))
26.520.040 Applicability.
This Section applies to all zone districts within the City of Aspen in which an Acctssory
Dwelling Unit is a permitted use, as designated in Chapter 26.710, and to all Accessory Dwell-
ing Units approved prior to the adoption of Ordinance No. 46, Series of 2001. (Ord. No. 46-
2001, § 1 (part))
26.520.050 Design Standards.
All ADUs shall conform to the following design standards unless otherwise approved, pursu-
ant to Section 26.520.080, Special Review:
679 (^~-~ 2~02)
26.520,050
EXHIBIT "H"
ADU.Re~tions
(Page Three Of Seven)
An ADU must contain between three hundred (300) and eight hundred (800) net liVable
square feet,-ten (10) percent of which must be a closet or storage area.
An ADU must be able to function as a separate dwelling unit. This includes the folloWing:
a) An ADU must be separately accessible from the exterior. An interior entrance to the
primary residence may be approved by the Commission, pursuant to Special Review;
b) An ADU must have separately accessible utilities. This does not'preclude shared ser-
vices;
c)
An ADU shall contain a kitchen dontaining,, at.a minimum, an oven, a stove with two
burners, a sink, and a refrigerator with a minimum of six (6) cubic feet of capacity and
a freezer; and,
d) An ADU shall contain a bathroom containing, at a minimum, a sink, a toilet, and a
shower.
One parking space for the ADU shall be provided on-site and shall remain available for the
benefit of the ADU resident. The parking space shall not be stacked with a space for the
primary residence.
The finished floor height(s) of the ADU shall be entirely above the natural or finished
grade, whichever is higher, on all sides of the structure.
The ADU shall be detached from the primary residence. An ADU located above a detached
garage or storage area shall qualify as a detached ADU. No other connections to the pti-
mary residence, or portions thereof, shall qualify the ADU as detached.
An ADU shall be located within the dimensional requirements of the zone district in which
the property is located.
The roof design shall prevent snow and ice from shedding upon an entrance to an ADU. If
the entrance is accessed via stairs, sufficient means of preventing snow and ice from accu-
mulating on the stairs shall be provided.
ADUs shall be developed in accordance with the requirements of this title which apply to
residential development in general. These include, but are not limited to, the Uniform
Building Code requirements related to adequate natural light, ventilation, fire egress, fire
suppression, and sound attenuation between living units. This standard may not be varied.
All Al)Us shall be registered with the Housing Authority and the property shall be deed
restricted in accordance with Section 26.520.070 Deed Restrictions. This standard may not
be varied. (Ord. No. 46-2001, § I (part))
680
ADU Regulations
(Page Four Of Seven)
26.520.060
26.520.060 Calculations .and Measurements.
,4. Floor ,4rea.
Al)Us are attributed to the maximum allowable floor area for the given property on which they
are developed, pursuant to Section 26.575.020 Calculations and Measurements. (Ord. No. 46-
2001, § 1 (pm))
B. Net Livable Square Footage.
ADUs must contain between three hundred (300) and eight hundred (800) square feet of net
livable floor area, unless varied through a land use review. The calculation of net livable area
differs slightly from the calculation of Floor Area inasmuch as it measures the interior dimen-
sions of the unit. (Ord. No. 46-2001, § 1 (pm))
26.520.070 Deed Restrictions and Enforcement.
,4. Deed Restrictions.
At a minimum, all properties containing an ADU shall be deed restricted in the following
manner:
· The ADU shall be registered with the AsperdPitkin County Housing Authority.
· Any occupant of an ADU shall be qualified as a local working resident according to the
current AsperdPitkin County Housing Authority Guidelines, as amended.
· The ADU shall be 'restricted to lease periods of no less then six (6) months in duration, or
as otherwise required by the current Aspen/Pitkin County Housing Authority Guidelines.
Leases must be recorded with the Housing Authority.
A detached and permanently affordable Accessory Dwelling Unit qualifying a property for a
Floor Area Exemption, pursuant to Section 26.575.020(A)(6), shall be deed restricted as a
"For Sale" Affordable Housing Unit and conveyed to a qualified purchaser, according to the
AsperiPitkin County Housing Authority Guidelines, as amended.
Accessory Dwelling Units restricted to Mandatory Occupancy in exchange for a Floor Area
Bonus, prior to the adoption of Ordinance 46, Series of 2001, shall be continuously occupied
by a local working resident, as defined by AspenfPitldn County Housing Authority, for lease
periods of six (6) months or greater, unless the owner is granted approval to remove that re-
striction pursuant to Section 26.520.090(A), Insubstantial Amendments.
The AsperffPitldn County Housing Authority shall provide a standard form for recording Ac-
cessory Dwelling Unit deed restrictions. The deed restriction shall be recorded with the Pitkin
County Clerk and Recorder prior to an application for a building permit may be accepted. The
book and page associated with the recordation shall be noted in the building permit plans for
an ADU.
Enforcemena
The Aspen/Pitkin County Housing Authority, or their designee, shall enforce the recorded
deed restriction between the property owner and Aspen/Pitkin County Housing Authority.
(Ord. No. 46-2001, § 1 (part); Ord. No. 47-2001, § 1)
681 {Aa~
26.520.080
EXHIBIT "H'
ADU Regulations
(Page Five Of Seven)
26.520.080 Procedure.
A. General
Pursuant to Section 26.304.020, Pre-Application Conference, Applicants are encouraged to
meet with a City Planner of the Community Development Department to clarify the require-
ments of the ADU Program.
A development application for an ADU shall include the requisite information and materials,
pursuant to Section 26.304.030. In addition, the application shall include scaled floor plans -
and elevations for the proposed ADU. The application shall be submitted to the Community
Development Department.
Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to
the adoption of Ordinance No. 44, Series of 1999, and which complies with the requirements
of thig section may be legalized as an accessory dwelling unit, if it shall meet the health and
safety requirements of the Uniform Building Code, as. determined by the Chief Building
Official. No retro-active penalties or assessments shall be levied against any bandit unit upon
legalization.
ADUs require a separate building permit. After a Development Order has been issued for an
Al)U, a building permit application may be submitted in conformance with Section
26.3041075.
Administrative Review2
In order to obtain a Development Order for an ADU, the Community Development Director
shall find the ADU in conformance with the criteria for administrative approval. If an applica-
tion is found to be inconsistent with these criteria, in whole or in part, the applicant may either
amend the application, apply for a Special Review to vary the design standards, or apply for an
appeal of the Director's finding pursuant to Subsection C, below.
An application for an ADU may be approved, approved with conditions, or denied by the
Community Development Director based on the following criteria:
1. The proposed Accessory Dwelling Unit meets the requirements of Section 26.520.050, De-
sign Standards.
The applicable deed restriction for the Accessory Dwelling Unit has been accepted by the
Aspen/Pitldn County Housing Authority and the deed restriction is recorded prior to an ap-
plication for a building permit.
Appeal of Director's Determination.
An appeal of a determination made by the Community Development Director, shall be re-
viewed as a Special Review pursuant to subsection D, below. In this case, the Community De-
velopment Director's finding shall be forwarded as a recommendation and a new application
need not be filed.
{a~, 2t02> 682
ADU Regulations
(Page Six Of SeVen)
26.520.090
Do
Special Review.
An application requesting a variance from the ADU design standards, or an appeal of a determina-
tion made by the Community Development Director, shall be-processed as a special review in ac-
cordance with the common development review procedure set forth in section 26.304. The Special
Review shall be considered at a public hearing for which notice has been published, posted and
mailed, pursuant to section 26.304.060(E)(3)(a)---(c).
Review is by the Planning and Zoning Commission. If the property is listed on the Aspen inven-
tory of historic landmark sites and structures or within a historic overlay district, and the applica-
tion has been authorized for consolidation pursuant to section 26.304, the Historic Preservation
Commission shall consider the special review.
A special review for an ADU may be approved, approved with conditions, or denied based on
conformance with the following criteria:
The proposed ADU is designed in a manner which promotes the purpose of the ADU pro-
gram, promotes the purpose of the zone district in which it is proposed, and. promotes the
unit's general livability; and,
The proposed ADU is designed to be compatible with, and subordinate in character to, the
primary residence considering all dimensions, site configuration, landscaping, privacy, and
historical significance of the property; and,
The proposed ADU is designed in a manner which is compatible with or enhances the charac-
ter of the neighborhood considering all dimensions, density, designated view planes, operating
characteristics, traffic, availability of on-street parking, availability of transit services, and
walking proximity to employment and recreational oppommities.
Eo
Inspection and acceptance.
Prior to issuance of a Certificate of Occupancy for an ADU, the Aspen/Pitkin County Housing
Authority, or the Chief Building Official, shall inspect the ADU for compliance with the Design
Standards. Any un-approved variations from these standards shall be remedied or approved pursu-
ant to this chapter prior to issuance of a Certificate of Occupancy or Certificate of Compliance.
(Ord. No. 46-2001, § 1 (part); Ord. No. 1-2002 § 15, 2002; Ord. No. 27-2002 § 22, 2002)
26.520.090 Amendment of an ADU development order.
Insubstantial amendment.
An insubstantial amendment to an approved development order for an Accessory Dwelling Unit
may be authorized by the Community Development Director if:
1. The change is in conformance with the design standards, section 26.520.050, or does not ex-
ceed approved variations to the design standards; and,
2. The change does not alter the deed restriction for the ADU or the alteration to the deed restric-
tion has been approved by the Aspen/Pitkin County Housing Authority; and
683 (a..~.,, Supp. No. ~ 44)3)
26.520.090
EXHIB1T "H'
ADU Regulations
(Page Seven Of Seven)
o
An amendment application that proposes to.remove a Mandatory Occupancy ADU deed re-
striction placed on the property prior to adoPtion of Ordinance No. 46, Series of200I, may be
approved if all of the following criteria are met:
a)
The mandatory occupancy deed restriction shall have been recorded on the property for a
minimum of three (3) years prior to the date of application for its removal. The applicant
shall demonstrate a change in circumstances supporting the request to remove the restric-
tion; and,
b) The Mandatory Occupancy deed restriction on the ADU is replaced with the minimum
ADU deed restriction allowing voluntary occupancy; and,
c) The applicant has obtained approval either:
1)
From the City of Aspen to develop a deed restricted affordable housing unit on a site
that is not otherwise required to contain such a unit or from the Aspen/Pitkin County
Housing Authority to convert an existing free-market unit and deed restrict the unit
to affordable .housing status. The replacement affordable housing unit shall be Within
the Aspen Infill Area, shall be of a comparable size and type as the ADU, shall be
accepted by the Aspen/Pitkin County Housing Authority, and shall be deed re-
stricted as a Category 3, or lower, sales unit according to the AsperffPitldn County
Housing Guidelines, as amended; or,
2) From the Aspen/Pitkin County Housing Authority to pay an affordable housing con-
version fee, calculated according to the following formula:
d)
$ paymgn!
FAR)
Notes:
· The assessed value of the lot plus improvements shall be that value assigned to the
lot and improvements in the most current assessment made by the Pitkin County As-
sessor.
· The Floor Area of the residence shall be calculated pursuant to section 26.575.020
(A), as amended.
· Payment shall be made in compliance with the applicable requirements for payment-
in-lieu contained in the Aspen/Pitkin County Housing Guidelines, as amended.
The structure granted the bonus floor area shall be considered a legally created Noncon-
forming Structure and subject to the provisions of Chapter 26.312. (Ord. No. 44-1999 § 1;
Ord. No. 46-2001, § 1 (part); Ord. No. 47-2001, § 2)
(a.~r~ s,m. ~o. 2, 4-o3) 684
ASPEN AFFORDABLE HOUSING BUILDING GuIDELINEs
REVISED 11-$-02
PURPOSE
These guidelines were created to assist potent'ial developers develop thei~ programs for affordable
housing in Aspen. The guidelines will serve as ~ outline of the expectations of the City of
Aspen on all affordable housing projects.
While these guidelines are considered to be minimum acceptable standards, they also serve to
illustrate the intended level on construction for affordable residences, and shouId be adhered to
closely in order to maintain affordabillty. The City of Aspen desireS to create affordable housing
for the people of Aspen that is of a reasonable quality level while being environmentally
sustainable and architecturally intem.~g.
SITE DBSION
Topo. graphy · Mim'mize importing or exporting of soil to and from the site.
* Minimize cut and fill
* Stay away from steep sites.
* Maintain-natural slope as much as possible.
· Grade shall slope away from building at ~" per foot for a minimum of 10 feet.
Soils Cbnditions ' Obtain geo-t*chnical report for. the sit~ to be con.sidereal.
· Coil_feral to the recommendations, of the report.
-Retaining.Walls
· All slopes over3:l and all'retl~ini_ng wall~ gr~ater than 4 feet in hoight shall be engineered
bya Colorado'regi~tered Geo-teelmical Engineer or Colorado regi~ered Structural
Engineer.
· .The fit, must be graded and~the bu/lding must be located to minimize the ~ase of retainfiag
- All retaining walls sludl be finished with materials consistent with th~ project and the
surrotmding landscape.
· . Landsmpe timbers are discouraged on walls over 24".
· Native boulder walb are encouraged.
Landscaping and Irr.i.'gation · Wherever possible, preserve existing trees and vegetation.
· Use of native, low water plant~ i~ encouraged.
- Landscaping shatl be designed to require minimal m~intenanee, and shall be kept at least
3 feet from above grade wall,.
· Automatic irrigalion systems are'required on all multi-family and for rent projects. On
sinCe-family houses, automatic irrigation is encouraged.
.Page 1 of 7 :
Trash
Fences
All trash and recycling receptacles (required) shall be hidd.en from view- either in a
garage or in a separate enclosure.
Trash must be in a bear-proof enClosUre.
Trash compactors are required for multi family units
All fences Shall be constructed of low'-m'ain~enance materials.
Wood fences shall be constructed of rot-resistant woods (cedar, redwood or pressure
treated).
Site Lighting
· All Outdoor Lighting shall meet the City of Aspen Outdoor Lighting Code, section
26.575.150.
P~ldng
- Each unit must have a minimum of one parking space when not in Central Core.
· Attached and di.tached parking shall be conveniently accessible from the d,,,/ellhag unit it
o Stall sizes shall conform to City of.Aspen r~quirements. --- ~-~J'{~ "
· Parking shall bo screened from view wherever possible.
· For any project over 25 units, altemati¥o transportation shall be ac[dre~sext.
Open Space
· ~.. Al!. proj~q~_ shall, nteet.tbe..r~_m?m?~~ ofth?~ C~itT... o~f~Asl~.,9 Land-Use
_//~ ' .In,. addk. ion~to, th.e Land-Uso reqli,:~l-~l~ts, each unii~;~lall b;'~ro--vi-~l'~h ~'mini~um
~'-~ ou square see[ o! private open space - solely for the use ofthat unit. This o~en
k, b,e a yard, a rch, a balcony, a rooftop or nay other liuislaedoutdoor race
~ directly from the unit ' '
BUILDING DF, SION GUIDELINES
General
t/~'' Ail proJects shaft meet tho reqmremonts of~o City of Aspen '~i[l"ei[ii-I~i'D~l~~
· The requirements in the "Building Design Guidelines" ~ection oftM~ document shall be
required in addition to the City of Aspen Residential Design Standards.
Mechanical/electric snowmelt systems are to bo used only if absolutely necessary
and Massing
Project design (massing, style, form, color and materials) ODELETE-~aalI bo cortlpat~'ble)
should be conceptually consistent with the character of the surrounding area, uot
necessarily imitative of the surrounding area. --
· Diversii7 ofarchiteoture is desired. Overly-historic or "theme" archkeoture is not
allowed.
· While repetition of building elements for cost savings is encouraged, repetffion should be
.used in such a way that it enhances and increases the inter~ of the design. Care should
Page 2 of 7
Solar
·
be taken when using repetitive elements to avoid monotony, and the repetition should
occur using small-scale elements rather than with large building and massing forms.
· Multiple buildings on the same sit~ should be designed to create a cohesive project.
* Material or color changes should occur at a change of plane. Change of mater/als or
color au outside 6orners is discouraged. "
· Rooftop equipmeot, ducts and vents should be [ocated to the rear of the building or
otherwise screened from public view.
· Roof design shall adequately address snow storage and snow shedding for safety and
minimize the need for snow removal. Elec~c sao~vmelt shall not be used.
* Building facades should be m~iculated by using changes of plane and play of volumes -
emphasizing important elements of the building.
* Long facades are discourage, but where they ar.e necessary they should be articulate~
using revels, changes in platte, and var/a/ions in height and depth. A monotonous or
institutional appoaranc~ must be avoided. '
* All clevations of the' btfilding should be tre.~e,d, similarly. Detailing, colors and other
design elements shall continue all around the building.
Garage doors that face the street am discouraged.
Buildings should be sited to'take advantage of solar.heating poss~ilities and roo~ shall
be oriented accordingly.
* .South-facing glass should be maximized and north-facing gI~ss minimized.
· Rooms should be oriented so that living spaces take advantage or,olaf orientation.
Effic~nt Building .........................................................
t~_~ BuildlngAll affordableProaramhousing ..... projects shall meet the standards of City ofAspen. Eff/cie~
Sizes
The following table illustrates minimum square foota~es for affordable housing units and
number of baths associated. Storage is discussed below.
Square footage shall b~ me~asured in accordance with s~-tion 26.575.020 of the Code of
the City of Asl~n.
Unit square footages ~~'-~'~'
CaL 1&2 Cat. 3&4 Cat. t&2 Cat. 3&4
Min. Size Min. Size Mln # Baths Min # Baths
Studio 475 $.F. 550 S.F. I 1
I I~edroom 675 S.F. 750 S.F. I -1
2 Bedroom 875 S.F. -.950 S.F. _ . 1
3 Bedroom 1125 S.F. 1250 $;F~ 1 21/2
~4 Bedroom 1300 S.F. 1500 SJ:.'~'-'~
1/2.
Mir~ Storage
area
305J=.
40
50 $.F.
60 $.F.
70 8.F.
.~story units (requmng a stair) must add 40 $.F.'to the
· ..... '*~-~~;
· e ~~Tg~"S~. ~~d~enaon
· Each bedroom must have a closet with a mia/mum of 4' of clothes hanging space.
t'age s of 7
Storage
· Each unit shall be provided with enclosed storage space in addition to the living area
comprising the Unit Square Footages in the table above. This space can be incorporated
into garages or basements, or can be separate from the residential structure. Iff storage is
to be incorporated into garages, the garage must be sized and configured so that the
required storage area doe~ not overlap the space required to park a car as set forth in the
parking section.
. · Square footages of storage spaces must conform to the above table.
CONSTRUCTION STAlqDARDS AND SPECIFICATIONS
Driveways and sidewalks
· All concrete flatwork shall comply with ACI standards and shall have a minimum
4000psi design strength with air entrainment
° Driveways shall be constructed with a finished surface (concrete, asphalt, crushed
granite, etc.)
Foundation Systems
· AU foundation systems shall lac designed by a Colorado registered Structural Engineer
based on a Gee-technical Report prepared by either a Colorado registered Ooo~teehnical
Engineer. or a Colorado registered Stmcixtral Engineer.
- Ail foundation walls shall be Waterproofed below grade.
· Ail below grade foundations shall have'4" pipe wrapped in fabric for drainage, or when
required be designed by either a Colorado registered Geo-technlcal Engineer or a
Colorado registered Structural Engineer.
· Finish~,d basements shall have wails, with floating, pinned bottom plates or strUctural
slabs if the Gee-technical Report shows potential soiIs expansion.
· If the C-~o-te, chnical Report shows soils expansion is greater than ¢2%,.finish~ basements
shall include structttra] floors.
- Use sill seal on all basement wails between foundation and sill plate.
Framing materials and techniques
· Use of O.V.E. (Optimum Value Engineering) framing techniques is encouraged.
Party Wall and Floor Coostrucfion
· .All walls and floor/ceilings separating unit~ in multi-family buiMing$ shall have a
m~mum STC (sound .transmission coefficient) o~as refer)maced in Fire Resistance
and Sound Control D~sign Manual, published by the Gyp.suni Association, current
edition. Assembly members ~uch as resilient channel, double plywood floors, multiple
layers of gypsum board and other maxerials shall be used as specified ~ each assembly
description.
Ele~-trical outlets or other penetrations for units on either side of party walls mu,st not be
placed.: in the same stud bay.
· Eleotrical outlets and other p~etrations shall'b~ oanlked to minimize sound travel.
- Care must be taken at all intersections of walls, floors and ceilings to maintain the sound
resistant assembly.
· Floor joists and wall members must not be continuous from unit to unit, untess required
by an engineer
.Page 4 of 7
Interior trim
· Windows maybe drywall ,wrapped except sills, which must be of wood or similarly
durable material.
- Wood materials shall be of AWI (Architectural Wooflworkers Institute) standard grade or
better.
Exterior materials
· Exterior materials shall be Iow maintenance. Unpainted or factory applied, long lasting
painted products are preferred. Cement board Siding, ~tucc.o and masom'y are
encouraged. Ifa Painted exterior WalI malerial is used, clad windows must be provided
to reduce overall project maintenance.
· When painted or stained wood products are used, a quality finish able to last $ years
without being r~painted or stained is'r~uired.
Insulation
· Minimum insulatioa values will be determined Per building code and the Efficient
Building 'program.
o Use of formaldehyde-free i~sulatien is required.
· Cavity. filling insulatiOn systems (wet SPray cellulose Or foam) are preferred fortheir
superior sound and air infillxation qualities.
15 pound building paper, Tyvek or an eqiwlent product shall be used on the exterior
walls as an air infiI .h-ation barrier..
Roofing
· Roofing materials shall have a minimum of a 20-year li£e exp~ctsncy.
· Drip edge shall be used at all eaves.
· · .Simple roof forras ar~ encouraged to reduce ice build up in roof. valleys, as well as to help ·
maintain affordabflity.
'~uttefs, downspouts, and flashing * Flashing mid metal roofs shall be installed per SMACMA (Sheet M~ and Air
Cond~oning Contractors National Association) standards.
· Downspouts and guttm's are di~c, ouraged. ..
Door5
Exterior doors shall be 1 ~A' thic~ and solid cora or insulated (other than sliding glass
doors). All exterior doors shall have complete weather-su'ipping.
Interior doors shall bo solid core and made of wood_
Bathroom doors shall be solid core.
Hardware · All so, lid core doors shall have a minimum of 3 hinges.
· Hard, are finish shall match ~hroughout the unit.
Windows
· All windows shall meet the requirements ofNWWDA (lqational Wood Window and
Door Assoeiatioo) grade DP30,
.Page 5 of 7
All windows shall have a minimum listed R-Value of 2.4.
All windows shall have a minimum U-value of.42
Use of low maintenance claddings (vinyl or aluminum) on wood windows is encouraged.
· If exposed exterior wood windows must be used, exterior wood must bo factory primed.
If exposed, factory primed windows are used, the exterior wall material must not require .
paintiug or other routine maintenance. This will reduce overall project maintenance.
Carpe~
All carpet shall have a 10-year qualiw assurance warrauty.
All carpet shall be a minimum of 30 ounces per square yard.
Paint
Use of no V.O.C. paint is required.
All interior wall nod trim is to receive paint or a clear seal.
Countertops
Counter~ops shall bo-made ofdurabl% easily cleaned materials.
Use of plastic laminates is not. encouraged.
Cabinets
· Kitchen and bath cabinets shall meet tho Kitchen Cabinet Manufacturers Association
(KCMA) Certifieafion Standards, and shall have at least ½ inch plyw6od boxes.
- All proje,~ shall have a minimum of.8 linear'feet of~ba~e .cabinetS~, not including
appliance locations or sink bases.
· All projects shall have a minimum of 7 linear feet of.upper cabinets, including cabinets
above ~e stove, hood and refrigerator. ~
Accessories · All units shall bo provided with addr~, numbers and unit numbers.
* All units shall be provided with mailboxes.
Appliances
·
·
All units shall bo provided with an oven and a four-burner range.
All units shall bo provided with a~. ,
All traits shall be provided with a refrigerator with mi~hnum ~ize of 14 cubic fe~t for
studio and one bedroom units~ and ~?a~bi~ft~Lfor all other mars.
All ownership ttuits ~xcept studios .~h,nll haw rough-ins for washers and dryers.
All multi family units shall have provisions for laundry services.
All appliances shall be Energy Star certified.
Heating
- Water Heaters shall be Eni~rgy Star certified and shall be at least 40 gallon capacity...
Plumbing and, fixtures · All water supply lines shall be copper or City approved equiYaleat.
· All waste lines in multi-family buildings and noise creating runs shall be cast iron or
sound insulated.
' Ail faucets shall carry a lifotime warranty for the original consumer.
.Page 6 of 7
All plumbing fixture, s shall carry a minimum of a 1 -year warranty (except as noted
above).
Electrical mhd lighting
· Category 5 wire shall be used for all phone lines at a minimum
· Studio and one bedroom units shall have at least one phone line and all other units shall
have at least 2 ph6ne lilles.
· All units shall be wired w~th (RG-6) coaxial cable. One bedroom and studio units shall
have at least one outlet and all others shall have at least two outlets.
· All units should be provided with a minimum 100-amp service.
Overall
The Developer shall provide a two-year warrantee for all rental projects, and a one-year
warranty for all ownership projects.
In accordance with APCHA definitions, tho cost of constructiou per square foot should
not
.Page 7 of 7
EXHIBIT ,,j.
tv ttin c ty es
Approved lanuary 14, 2003
PURPOSE
"To assure the existence of a supply of desirable and affordable housing for persons
currently employed in PitMn County, persons who were employed in Pitkin CoUnty prior
to retirement, the disabled, and other qualified persons of Pitkin County."
- Aspen/PitMn County Housing A uthorityts Goal -
(Originally Adopted 1983)
Each year the AsperffPitkin County Housing Authority (hereinafter the Housing Office) establishes
Guidelines that govern the development of, admission to and occupancy of deed restricted
affordable housing units for Aspen and Pitkin County. The guidelines support the Housing Office's
goals and are not intended to supersede City or County Land Use Codes or the Uniform Building
Code.
The Affordable Housing Guidelines respond to housing needs in Aspen and Pitkin County as
identified by the Housing Office. The guidelines are used to:
· Review land use applications
· Establish affordable rental rates
· Establish affordable sales prices
· Establish criteria for qualifications and occupancy
· Develop and prioritize current and long range housing programs
· Provide information and a process for developing affordable housing
It is the intent of the Housing Program to provide housing opportunities for persons who are or have
been actively employed or self-employed in Pitkin County, which provide goods and services to
individuals, businesses or institutional operations in Pitkin County.
These Affordable Housing Guidelines shall remain
in effect until such time as the Housing Board, the
City Council and the Board of County
Commissioners approve new or 'amended
Guidelines.
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 1 of 54
HOUSING BOARD POLICY ST.4 TEMENTS
The purpose of this section is to assist the staff, development community and public in understanding the
Housing Board's philosophies regarding various aspects of the program. These Policy Statements will be
reviewed and revised by the Housing Board on an annual basis.
Mitigating Affordable Housing Impacts
The Housing Board has prioritized the following options in order of preference depending on the site
location!
On-Site Housing - that the location of a deed restricted property used for construction or
redevelopment of a property for mitigation purposes be either next to or attached to the
development.
Off-Site Housing - that the location of a deed restricted property used for construction or
redevelopment of a property for mitigation purposes be at a separate location approved by the
Housing Office.
Cash-In-Lieu or Land-in-Lieu - that the applicant for a development may, under certain
conditions and subject to certain requirements, satisfy the mitigation requirement by payment of
an affordable housing dedication fee or a donation of land. The preference of cash or land shall
be determined on a case-by-case basis.
Development and Construction of Affordable Housing
The Housing Board has prioritized the following options in order of preference regarding the types of
units to construct:
The private sector priorities for development should be as follows:
For-sale type anits whereby the average sales price is no higher than Category 3 and the units
consist of one-bedroom and two-bedroom units, with associated RO units
Family-oriented sales units (Categories 3 and 4)
The public sector priorities for development should be as follows:
Entry-level rental units consisting of 1-bedroom Categories 1 and 2
For-sale units consisting of Categories 2 and 3 1-bedroom
Family-oriented sales units consisting of Categories 3 and 4
Aspen/Pitkin County Housing Guidelines AMENDED 0'1/03 Page 2 of 54
PAR T L
AFFORDABLE HOUSING CA TEGORIES
The Housing Office's goal is to establish and implement a plan to provide housing within the community.
Rental rates and sales prices are established which are affordable to persons and families of low (Category
1), moderate (Categories 2 and 3) and middle (Category 4) income as related to housing costs in Aspen and
Pitkin County. In order to carry out this objective, affordable housing units are categorized to reflect which
income levels they are to service as set forth in Sections I and 2 below.
SECTION 1
CATEGORY INCOMES
Prior to 1990, income categories were designated as low, moderate or middle income in accordance with the
applicable Guidelines at that time. In 1990, APCHA redefined the terms and established four income
categories in an effort to create a greater variety of units to serve the community's income levels. The four
income categories were equated to the past income categories and adjusted annually using the Consumer
Price Index (CPI).
Current income amounts were derived from 1999 data collected by the APCHA including: 1999 Housing
Survey of Pitkin County Employees; Colorado Department of Labor and Employment reports; Colorado
Department of Employment and Wages reports; U.S. Census Bureau: Flow of Funds Accounts Report and
Annual Expenditures Per Child Report; and Housing and Urban Development Data Sets.
The survey of Pitkin County employees determined that the median hOUsehold income for households with
zero and one dependent was $60,000.
Category 1 Iow income level
Category 3 upper moderate income level
Category 2 lower moderate income level
Category 4 middle income level
The maximum gross household income (defined in the Definitions) for each income category is set forth in
Table I.
If net assets exceed the Category 4 net asset limit for any household with a Category 1, 2 or 3 income,
prior to construction of Category 5, 6 and 7 units, the folloWing method will be used to calculate
income: Each $45,000 of excess assets over $175,000 (the Category 4 asset limit) will be converted to
$4,152 of income and added to the Gross Household Income. This is the amount necessary to
purchase $346 per month of mortgage at an 8.5% interest rate over 30 years. HOWever, should a
household's net assets exceed $900,000, that household will be ineligible for deed-restricted housing.
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 3 of 54
TABLE I
MAXIMUM INCOMES BY CATEGORY
Maximum rental incomes are different than maximum sales incomes. Due to the nature of the working
adult in Pitkin County and the wages that are required to maintain a consistent employee base, the Housing
Office and Board have recognized the need for a higher allowable income adjusted by the number of adults
and the bedroom mix. Maximum sales incomes are not attributed to the number of bedrooms, but will
remain the same per household, with an adjustment to dependents only.
Maximum Incomes for RENTAL Units Only
(See Income Verification, Part II, Section 2, No. 1)
No. Of Adults Category 1 Category 2 Category 3 Category 4
One Adult $27,400 $43,500 $70,700 $113,900
Two Adults 41,100 65,300 106,000 170,900
Three Adults 48,000 76,200 123,600 199,300
Net Assets not in Excess of 100,000 125,000 150,000 175,000
Maximum Incomes for SALES/OWNERSHIP Units Only
(See Income Verification, Part III, Section 2, No. 1)
No. of Dependents Category I Category 2 Category 3 Category 4
0 Dependents $27,400 $43,500 $70,700 $113,900
1 Dependent 34,900 51,000 : 78,200 121,400
2 Dependents 42,400 58,500 85,700 128,900
3 or More Dependents 49,900 66,000 93,200 136,400
Net Assets Not in Excess of 100,000 125,000 150,000 175,000
Maximum Incomes for SALES/OWNERSHIP Units Only
(See Income Verification, Part III, Section 2, No. 1)
No. of Dependents Category 5 Category 6 Category 7 Category RO
0 Dependents $122,600 $134,800 $147,100 N/A
1 Dependent 130,100 142,300 154,600 N/A
2 Dependents 137,600 149,800 162,100 N/A
3 or More Dependents 145,100 157,300 169,600 N/A
Net Assets Not in Excess of 200,000 225,000 250,000 $900,000
NOTE: A household can qualify to purchase or rent a unit in a higher category.
Aspen/Pitkin County Housing Guidelines AMENDED 0'i/03 Page 4 of 54
SECTION 2
RESIDENT OCCUPIED UNITS
In addition to the income categories for affordable housing units set forth in Table I above, affordable
housing units may also be designated "Resident Occupied" (RO) units. Persons shall occupy RO units who
qualify as stated in Part III, Section 3, Qualifications for Purchase of Resident Occupied Units. Resident
Occupied units with deed restrictions recorded prior to the establishment of the RO Guidelines are subject
to their individual deed restrictions. Information on Resident Occupied Units is also found in Part m,
Section 3, Purchasing Affordable Housing; Part V, Section 7, Sales of Affordable Housing; and Part VII,
Section 6, Development of Affordable Housing.
PAR T II.
RENTING AFFORDABLE HOUSING
SECTION 1
QUALIFICATIONS TO RENT AFFORDABLE HOUSING
To qualify, be eligible, and remain eligible to rent and reside in a long-term affordable housing unit
(Category 1, 2, 3, or 4 or long-term at Marolt & Tmscott), a person/household must meet the following
criteria and must not be over the maximum income as stipulated in the'table below:
Maximum Incomes for RENTAL Units Only
(See Income Verification, Part II, Section 2, No. 1)
No. Of Adults Category 1 Category 2 ' Category 3 Category 4
One Adult $27,400 $43,500 $70,700 $113,900
Two Adults 4 I, 100 65,300 106,000 170,900
Three Adults 48,000 76,200 123,600 199,300
Net Assets not in Excess of 100,000 125,000 150,000 175,000
Be a full-time employee working in Pitkin County; or a retired person who has been a full-time
employee in Pitkin County a minimum of four years immediately prior to O~'her retirement
defined in the Guidelines; or a disabled Person residing in PiG County who has been a full-time
employee in Pitkin County a minimum of two years immediately priOr to their diSability (as defined
in the Definitions); or in the event of the qualified employee's death, the spOUse 6f any SUch
employee, retired person, or disabled person; a dependent living 'wi~ that qualified employee,
retired person or disabled person. In a two-person household of two adults only (no dependents as
defined in the Guidelines), both adults muSt be working in Pitkin County to quali~ for m additional
bedroom.
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 5 of 54
2. Upon rental of the unit, employee(s) shall occupy the unit as the primary residence.
The tenant must not own developed residential real estate or a mobile home in those portions of
Eagle, Garfield, Gunnison or Pitldn Counties, which are part of the Roaring Fork River drainage.
If vacant land is owned in the portions of these counties, which are part of the Roaring Fork River
drainage, while leasing an affordable housing unit, the land must remain unimproved. If the land is
improved with a residence the individual must then relinquish the affordable housing unit by
vacating the rental unit.
The tenant must have total current household income and assets no greater than the maximum
mount specified for the particular Category 1, 2, 3 or 4 unit. Any renter who has assigned,
conveyed, transferred or otherwise disposed of property within the last two years without fair
consideration in order to meet the net asset limitations shall be ineligible.
If the Tenant's residency began prior to ownership by the City, County or Housing Office as a result
of a "Buydown" situation, and the Tenant's residency has been continuous since that time, the
Tenant must qualify only as a full-time employee. The Tenant does not have to qualify under the
Income or Asset provisions. The Tenant will be required to pay rent commensurate with his or her
household income regardless of the price category of the unit.
If a Tenant or potential Tenant is under review for a non-compliance issue, the Tenant or potential
Tenant will not be approved and/or his or her lease will not be renewed until the non-compliance
issue is satisfied.
Emergency workers receive priority for rental units. They must verify their continued service (see
Definitions), to that agency for their lease to be renewed. This requirement expires after two years
of residency/service. See Part II, Section 8, Emergency Worker, to see if you are eligible for an
emergency worker priority and the process that needs to be followed.
SECTION 2
INITIAL QUALIFICATION TO RENT
In order to determine that a person or household desiring to rent an affordable housing unit meets all of
the criteria set forth in Section I above, PRIOR to occupancy, the Housing Office must review and have
on file specific documentation which provides proof of: residency, employment, income and assets. The
Housing Office may request any or all of the following documentation. (All information and
documentation received will remain confidential).
1. Income Verification:
Copy of the previous year's (must current) Federal Income Tax return.
Current income and financial statement verified by the applicant to be tree and correct.
If there is a variance of more than or less than 20% between current income and income
reported on the previous year's tax returns, the incomes will be averaged. This will
establish the income category.
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 6 of 54
Applicants may, upon request, have the option to have their gross income averaged over
a three-year period for qualification.
Social Security report of employer(s) and location(s).
If the above information is not available, the applicant must provide other documentation as
requested by the Housing Office.
2. Emplo?aent Verification:
g.
h.
i.
j.
All W-2 forms from the current or previous year (Waitlist tenants must provide
documentation of employment for the full term that their name was on the waitlist).
Wage stubs (ifW-2's are not available).
Employer(s) name, address, telephone and dates of employment.
Housing Office "Employment Verification Form" [signed by employer(s)].
Evidence of legal residency.
Landlord verification of residency, stating specific dates.
Valid Pitkin County Driver License.
Valid Pitkin County Voter Registration.
Verification of telephone service'in Pitkin County.
Divorce Decree or Separation Agreement, including alimony and child support. A copy
must indicate that it has been entered in the record with all exhibits and supplements
attached.
If the above information is not available, the applicant must provide other documentation as
requested by the Housing Office.
Due to the need for an employer to house their employees on-site, for rental units owned by employers, if
the deed-restricted housing is located on-site of the business, the employer may choose the tenant. If the
income and/or assets are greater than the maximum allowed for that specific unit, that employee's
income and/or assets shall be waived.
Note: Applicants for Affordable Housing will verify on the application that all information provided
is true and accurate. If any of the information is determined to be inaccurate or non-verifiable, the
applicant may be subject to disqualification by the Housing Office from the application and/or
approval process.
SECTION 3
REQUALIFICATION FOR RENTAL OF AFFORDABLE HOUSING
The stares of Renters/Tenants of Affordable Housing Units shall be reviewed and verified every two
years to ensure that they continue to meet the requirements of the Guidelines, including but not limited
to: Minimum Occupancy, Income and Asset Requirements, and Employment.
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 7 of 54
Housing Office Responsibilities:
The Housing Office shall endeavor to cause the Landlord to provide the Tenant written notice of
the requirement for requalification at least thirty (30) days prior to the expiration of the two
years.
The Housing Office will provide to the Tenant a copy of the Rental Approval form with
instructions.
Should a tenant not meet the requirements of the category unit, the tenant shall have one year to
come into compliance or find another place to live. A tenant who has entered into the bidding
process to purchase a deed-restricted and is looking for other rental opportunities has one
additional year to reside in the unit. However, the rent shall be increased to the category that
matches the tenant's income.
Landlord Responsibilities:
The Landlord shall provide disclosure in the lease that tenants must be qualified every two years
and must reapply in the second year.
The Landlord shall provide the Tenant written notice of the requirement for requalification at
least thirty (30) days prior to the expiration of the two years. The Housing Office Rental
Approval form should accompany this notice.
3. Provide the Housing Office a copy of the lease signed by both parties, prior to Tenant occupancy.
Tenant Responsibilities:
1. Renters must meet all of the Initial Qualifications stated previously in Section 1.
If the Tenant does not receive the Landlord's notice or the Rental Approval form, the Tenant
must contact the Housing Office by telephone, 920-5050, or in person.
The Tenant must pay a $15 Requalification Fee when the documentation is filed with the
Housing Office.
SECTION 4
RENTAL COMPLIANCE
All qualification items from Section 1, 1-8, are verified every two years by the Housing Office
staff.
Roommates are permitted under the Guidelines. Individuals residing in two or three bedroom
units must, at all times, have the unit filled with qualified tenants. In case of a vacancy, the
remaining tenant(s) is/are responsible to find a new roommate within forty five (45) days. All
residents must be qualified through the Housing Office prior to occUPancy.
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 8 of 54
The Minimum Occupancy Requirement of one qualified individual per bedroom must be met.
The Housing Office may do random audits and investigate complaints or reports of non-
compliance on an ongoing basis.
SECTION 5
RENTAL OF AN OWNERSHIP UNIT
A unit may, upon approval of the Housing Office, be rented to a qualified individual, in accordance with the
Guidelines for a maximum period of two (2) years.
Terms and Conditions:
Notice of such intent and the ability to comment shall be provided to any applicable homeowner's
association at the time of request to the Housing Office.
2. A letter must be sent to the Housing Office requesting permission to rent the unit.
'3.
A minimum six (6) month written lease must be provided to the tenant, with a forty-five (45) day
move out clause, except for non-profit employee/faculty tenants, where a three-month lease or a
month-to-month lease shall' be allowed~_A three-month rental must be approved as a Leave of
Absence under Part V, SeCtion 8,
The Housing Office must qualify all tenants, and Shall waive the inCome and aSset requirements for
non-profit tenants. The tenant must be a qualified employee as stipulated in these Guidelines, or
non-profit employee/faculty member as defined in these Guidelines. The ~it mUst be leased for the
terms set forth in the Deed Restriction on the unit or, if there are no such ProvisiOns in the Deed
Restriction, upon terms aPproved by the HOuSing Office.
Prior to the Housing Office's qualification of the tenant, said tenant shall acknowledge as part of the
lease that said tenant has received, read and understands the homeowners' associatiOn covenants,
rules and regulations for the unit and shall abide by them, EnfOrcement 0fsaid cOVenants, rules and
regulations shall be the responsibility of the hOmeo~ers' association.
o
A copy of the executed lease shall be furnished by the oWner or tenant to the Housing Office and
homeowners' association.
SECTION 6
MANAGEMENT OF RENTAL UNITS
Private management companies manage most of the rental projects. Each specific complex may differ in its
rental procedures. Persons desiring to rent an Affordable HOUsing unit must meet employment and
income requirements as well as minimum occupancy. A list of the rental projects and managers is
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 9 of 54
located in Appendix D. Units managed by the Housing Office are Truscott Place, Smuggler Mountain
Apartments, Aspen Country Inn and Marolt Ranch Seasonal Housing. Please contact the Housing Office or
individual property managers for specific rental information.
SECTION 7
RENTAL WAITLIST
The Housing Office maintains a Waitlist of rentals for designated projects. Prospective tenants must
provide verification of full-time employment in Pitkin County at the time of Waitlist application and
annually thereafter in order to maintain their position on the Waitlist.
SECTION 8
EMERGENCY WORKER
An emergency worker may be placed on the top of the rental waitlist if they are approved as a qualified
Emergency Worker through the Public Safety Council Committee review and as defined under the
Definitions section herein. The individual's supervisor must request the priority, in writing, to the Public
Safety Council Housing Subcommittee. This Subcommittee will consist of members from any emergency
worker deparunent, a member of the Public Relations Board (PRB) and a member of the HOusing Office
staff. It is the responsibility of the supervisor to prove to the Public Safety Council that the employee is a
required emergency response priority. The member of the PRB and the Housing Office will not vote, but
will. comment on whether the individual should be allowed the priority. If the Public Safety Council
Housing Subcommittee approves the individual for priority status, written verification must be provided to
the Housing Office. At such time, the Housing Office will place the individual at the top of the rental
waitlist for City-owned projects.
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 10 of 54
PAR T III
PURCHASING AFFORDABLE HOUSING
SECTION 1
QUALIFICATIONS TO PURCHASE AFFORDABLE HOUSING
To qualify, be eligible, and remain eligible to purchase and reside in an affordable housing unit, a
person/household must meet the following criteria and must nOt be over the maximum income as stipulated
in the table below:
Maximum Incomes for SALES/OWNERSHIP Units OnlY
(See Section 2, No. 1)
No. of Dependents categ°ry 1 Category 2 Category 3 Category 4
0 Dependents $27,400 $43,500 $70,700 $113,900
1 Dependent 34,900 51,000 78,200 121,400
2 Dependents 42,400 58,500 85,700 128,900
3 or More Dependents 49,900 66,000 93,200 136,400
Net Assets Not in Excess of ' 100,000 125,000 150,000 175,000
Maximum Incomes for SALES/OWNERSHIP Units Only
(See Income Verification, Part III, Section 2, No. 1)
No. of Dependents Category 5 Category 6 Category 7 Category RO
0 Dependents $122,600 $134,800 $147,100 N/A
1 Dependent 130,100 142,300 154,600 N/A
2 Dependents 137,600 149,800 162,100 N/A
3 or More Dependents 145,100 157,300 169,600 N/A
Net Assets Not in Excess of 200,000 225,000 250,000 $900,000
NOTE:
1.
A household can qualify to purchase a unit in a higher category.
Be a full-time employee working in Pitkin County; or a retired person (see Definitions) who has
been a full-time employee in Pitkin County a minimum of four years immediately prior to
retirement as defined in the Guidelines; or a disabled person residing in Pitldn County who has been
a full-time employee in Pitkin County a minimum of two years immediately prior to their disability
(as defined in the Definitions); or in the event of the qualified employee's death, the spouse of any
such employee, retired person, or disabled person or a dependent living with that qualified
employee, retired person or disabled person. In a two-person household of two adults (no
dependents as defined in the Guidelines), both adults must be working in Pitkin County to qualify in
the top priority for an additional bedroom.
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 11 of 54
o
o
Upon purchase of the unit, employee(s) shall occupy the unit as the primary residence and maintain
at least the minimum work requirement until retirement age as specified in these Guidelines.
The purchaser/owner must not own developed residential real estate or a mobile home in those
portions of Eagle, Garfield, Gunnison or Pitkin Counties, which are part of the Roaring Fork
River drainage. If property is owned, the purchaser/owner must list for sale, at competitive
market prices, the residential real estate or mobile home prior to or simultaneously with closing
on the affordable homing unit and still meet the asset/income limitations as set forth in Table I.
The purchaser must provide the Housing Office with a copy of the appraisal of the property.
Upon the sale, a copy of the closing documents indicating the sale price must be provided to the
Housing Office.
If the property is not sold by the time of closing on purchase of the affordable housing unit, it
must remain listed until sold. If the owner of the other residential property desires to rent that
property prior to sale, the owner shall be required to rent such property as affordable housing in
accordance with the Guidelines at the income category determined by the Housing Office to be
appropriate under the circumstances.
If vacant land is owned in the portions of Eagle, Garfield, Gunnison or Pitkin, which are part of the
Roaring Fork River drainage, while owning an affordable housing unit, the land must remain
unimproved. If the land is improved with a residence, the individual must then relinquish the
affordable housing unit by listing and selling the ownership interest in that unit. NOTE: Persons
owning improved residential property, residing in affordable housing prior to May 1, 1994, will be allowed
to retain ownership of that residential property and still be eligiljle to reside in affordable housing.
However, once the residential properly is sold, the person residing in affordable housing may not acquire
additional residential property and remain eligible to reside in affordable housing.
A business owner, where the individual owns a deed restricted unit, has an oppommity to purchase
another unit in the Roaring Fork drainage system under the following conditions: 1) the business
owner would contact APCHA that a unit has been found in the free market that they would like to
purchase; 2) the business owner would then discuss with the APCHA the needs of the owner; 3) the
specific Category would be agreed to by both parties (the owner and APCHA) and 4) the Housing
Office has the option to approve the request as long as a recorded deed restriction is placed on the
free market property relating to the business. The employer would only be allowed to rent the unit
to a qualified employee of Pitkin County unless the unit is lOCated in the downvalley area. Should
the unit be located downvalley, the owner would be allowed to rent to an individual employed
somewhere in the Roaring Fork Drainage System as long as their employee would have the first
night of refusal, with the second right of refusal going to someone employed in Pitldn County, with
the last right to any other qualified employee.
The purchaser/owner must have total current household income and assets no greater than the
maximum amount specified in Section I above for the particular category. Any purchaser who has
assigned, conveyed, transferred, or otherwise disposed of property within the last two years without
fair consideration in order to meet the net asset limitations shall be ineligible. Maximum net asset
limits for households, which consist of at least one citizen of retirement age, are 150% of the
applicable income category.
AspenlPitkin County Housing Guidelines AMENDED 0'i/03 Page 12 of 54
NOTE: The ownership of any property shall be considered in determining Maximum Net ASsets.
NOTE: Qualification #6 is applicable at the time of purchase ONLY. After purchase, owners must
continue to meet criteria 1-5 above to continue to own and reside in affordable housing.
NOTE: Any individual or household who is under review for a possible non-compliance issue may
not enter any new lotteries, including in-complex bids, until the non-compliance issue has been
satisfied.
SECTION 2
INITIAL QUALIFICATION TO PURCHASE
In order to determine that a person or household desiring to purchase an affordable housing unit meets all
of the criteria set forth in Section 1 above, the Housing Office must review and have on file specific
documentation which provides proof of: residency, employment, income and assets. The Housing Office
may request any or all of the following documentation. All information and documentation received
will remain confidential.
I. Income Verification:
Copies of the past two years complete F~deral income tax returns, with W2's attached.
Current income and financial statement verified by the applicant to be tree and correct. If there is
a variance of more than or less than 20% betWeen current income and income reported on the
previous year's tax returns, the'incomes will be averaged. This will establish the income category.
Social Security records, or W2"s for all the years worked in Pitkin County.
If the above information is not available, the applicant must provide other documentation as
requested by the Housing Office.
2. Employment Verification:
g.
h.
i.
j.
All W-2 forms from a minimum of the previous four years (purchase).
Wage stubs (ifW-2's are not available).
Employer(s) name, address, telephone and dates of employment.
Housing Office Employment Verification Form [signed by employer(s)].
Evidence of legal residency.
Landlord verification of residency, specific dates.
Valid Pitkin County Driver License.
Valid Pitkin County Voter Registration.
Verification of telephone service in Pitkin County.
Divorce Decree or Separation Agreement including alimony and child support. A copy
must indicate that it has been entered in the record with all exhibits and supplements
attached.
Applicants desiring to purchase a unit will be required to sign a release in order for the
Housing Office to obtain a copy of the loan application from the lender.
Aspen/Pitkin County Housing Guidelines AMENDED 0'//03 Page 13 of 54
If the above information is not available, the applicant must provide other documentation as
requested by the Housing Office.
Note: Applicants for Affordable Housing will verify on the application that aH information
provided is true and accurate. If any of the information is determined to be inaccurate or
non-verifiable, the applicant may be subject to disqualification by the Housing Office from
the application and/or approval process.
SECTION 3
QUALIFICATIONS FOR THE PURCHASE OF
RESIDENT OCCUPIED UNITS
Purchasers of Resident Occupied affordable housing must meet all of the criteria as stated below:
1. Income Verification:
Copies of the past two years complete Federal income tax returns, with W2's attached.
Current income and financial statement verified by the applicant to be true and correct.
If there is a variance of more than or less than 20% between current income and income
reported on the previous year's tax returns, the incomes will be averaged. This will
establish the income category.
Social Security records, or W2's for all the years worked in Pitkin County.
If the above information is not available, the applicant must provide other documentation as
requested by the Housing Office.
2. Employment Verification:
g.
h.
i.
j.
All W-2 forms from a minimum of the previous four years (purchase).
Wage stubs (ifW-2's are not available).
Employer(s) name, address, telephone and dates of employment.
Housing Office Employment Verification FOrm [signed b~ employer(s)].
Evidence of legal residency.
Landlord verification of residency, specific dates.
Valid Pitkin County Driver License.
Valid Pitkin County Voter Registration.
Verification of telephone service in Pitkin County.
Divorce Decree or Separation Agreement including alimony and child support.. A copy
must indicate that it has been entered in the record with all exhibits and supplements
attached.
Applicants desiring to purchase a unit will be required to sign a release in order for the
Housing Office to obtain a copy of the loan application from the lender.
Aspen/Pitkin County HoUSing GUidElines AI~£NDED Ol/o3 page 14 of 54
If the above information is not available, the applicant must provide other documentation as
requested by the Housing Office.
3. Additional Requirements:
ao
Gross income and net assets are limited. The mount allowed is that which permits a
household to qualify for a $644,700 purchase as follows: i) when all net assets are to be
counted as a down payment; and ii) 28% of gross income is available to finance the
remainder of the purchase price at an 8% interest rate amortized over 30 years.
bo
See the deed restriction for the specific RO unit for any other additional restrictions
and/or conditions.
Resale of RO Units: The owners of an RO unit must list the unit through the Housing Office,
unless the specific deed restriction states otherwise. At the time of the listing, the Owner will
pay to the Housing Office a 1% sales fee. The unit will go through the normal selling process,
with a lottery held at the end of the two-week bid period. At the time of closing, the Owner will
pay an additional 1% sales fee, for a total ora 2% sales fee.
SECTION 4
MAINTAINING ELIGIBILITY FOR OWNERSHIP
OF AFFORDABLE HOUSING
There is not a requalification requirement to meet Income, Asset and Minimum. Occupancy for persons
who have purchased and own an affordable housing unit. 'The individual must remain a qualified
employee or retiree and continue to occupy the unit as their primary residence as defined in these
Guidelines, and as they are amended from time to time. It shall be a requirement for an owner to provide
documentation of working in Pitkin County every two years. However, APCHA will require all owners
to complete and sign a Requalification Affidavit on a yearly basis on units located outside the City (this
is a requirement that was adopted by the County and is currently being readdressed in the City).
o
SECTION 5
COMPLIANCE OF OWNERSHIP UNITS
Ail qualification items under Part HI, Section 1, 1-5 shall apply to continue ownership.
Roommates are permitted under the Guidelines. All residents must be qualified through the
Housing Office prior to occupancy.
The Housing Office will be doing a random audit on all the ownership units as to employment
and owning other property within the Roaring Fork Valley. This is to ensure that all owners
continue to meet the requirements of the Guidelines.
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 15 of 54
Housing Office Responsibilities:
a. The Housing Office shall endeavor to requalify each Owner within the next two years.
b. The Housing Office shall randomly pick the owners, over this- tWo-year period of time, to
provide documentation to the Housing Office showing employment history and that they do not
own other property within the Roaring Fork Valley.
c. The Housing Office shall mail a letter and a form to be completed by the Owner requesting
employment information and income tax returns.
d. Once the documentation has been received, the Housing Office will review each' file for
compliance.
e. Should the Owner be out of compliance, a second letter will be sent to the Owner requesting
that the Owner list their unit as stated in their Deed Restriction.
f. Should the Owner contest the deed restriction, if the Court finds for the Housing Authority, all
legal fees will be paid by said Owner.
Owner's Responsibilities:
a. Once the Owner receives the letter and forms from the Housing Office, the Owner will provide
to the Housing Office by the deadline date stated in the letter the completed form, additional
documentation required by the Housing Office verifying employment within Pitkin County and
not owning other residential property within the Roaring Fork Drainage.
b. If the Owner does not submit the information or contacted the Housing Office in the time
allotted, the appreciation for their trait will be suspended. Should the Owner be found out of
compliance, the Owner will list the unit with the Housing Office as stated in their deed
restriction.
c. There are life circumstances that may be beyond the control of the Owner. The Owner has the
opportunity to request a Special Review. Some eXamples include, but are not limited to, a
death or illness in the family, an accident requiring the inability for the owner to work, a single
parent who is unable to work full-time, etc.
SECTION 6
PRIORITIES FOR PERSONS BIDDING TO PURCHASE
AN AFFORDABLE HOUSING UNIT
The Housing Office operates a lottery for the sale of affordable housing properties. Priorities for the lottery
bid process are as stated below. The qualified person(s) submitting'the'highest bid price, which does not
exceed the maximum bid price, during the bid period shall have the firsf right to negotiate the purchase of
the unit. If two or more qualified bids are submitted at the highest bid Pri~e} th~y'shail r6ceive preference
and be prioritized for selection as the top bidder in the following order:
1. Persons with a present ownership interest Joint or Tenants In Common, in the affordable housing trait.
Person(s) chosen by the remaining owner(s) to purchase the interest of another owner. ANY
FRACTIONAL SALES MUST BE APPROVED BY SPECIAL REVIEWS'IF NOT UNDER ~
COURT ORDER DUE TO DISSOLUTION PROCEDURES.
Aspen/Pitkin County Housing Guidelines AMENDED 0'!/03 Page 16 of 54
Qualified spouses and/or children of current owners, including joint custody of the children, and/or
qualified parent(s) meeting minimum occupancy. 'A transfer between siblings is permitted; however,
any person who is gaining ownership by a transfer between a family member (as defined in these
Guidelines) must qualify fully under that specific category. For example, if the unit is a Category 3
unit, the sibling must qualify as a fully qualified Category 3 person with a work history of at least the
last four years. Transfer within immediate family to a qualified bUyer requires aSlOO fee, and must
be approved by the Housing Office prior to the transfer.
Persons living in and owning another unit within the complex who meet minimum occupancy
standards. A person must have owned his in-complex unit for at least one year prior to receiving the
in-complex priority. If there are more than one m-complex bids meeting minimum occupancy~, a
lottery will be held by giving the number of chances as stipulated below. On an in-complex move, a
unit must open up to bid to other qualified persons before receiving the in-complex priority. For new
projects, the in-complex priorities will apply only after completion of all affordable housing phases of
the project.
Persons with four or more consecutive years of employment in Pitkin County immediately prior to
application for purchase:
a. With minimum occupancy and one or more dependents for units with three or more bedrooms,
dependents must reside in the unit a minimum180 days out of any 12-month period.
b. With minimum occupancy
Each household in the top priority will receive the following number of chances:
Working in Pitkin County greater than 4 years, less than 8 years
Working in Pitkin County greater than 8 years, less than 12 years
Working in Pitkin County greater than 12 years, less than 16 years
Working in Pitkin County greater than 16 years, less than 20 years
Working in Pitkin County greater than 20 years
5 chances
6 chances
7 chances
8 chances
9 chances
Persons with one to four consecutive years of employment in Pitkin County immediately prior to
application for purchase (each individual wffi receive one chance in a separate lottery only if there
is no one bidding who has been working in Pitkin County four years or more):
a. With minimum occupancy and one or more dependents for units with three or more bedrooms
(dependents must reside in the unit greater than 180 days out of any 12-month period).
b. With minimum occupancy
Minimum Occupancy (see Definitior~) as used herein is one person (with an ownership interes0 per bedroom arM/or a dependent. ,4 Dependent is defined and can be
counted for a bedroom as stipulated in Part X, Definitions.
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 17 of 54
Persons with less than one consecutive year of employment in Pitkin County immediately prior to
application for purchase (each individual will receive one chance in a separate lottery only if there
is no one bidding who has been working in Pitkin County four years or more):
With minimum occupancy and one or more dependents for units with three or more bedrooms
(dependents must reside in the unit greater than 180 days out of any 12-month period).
With minimum occupancy
o
Persons with four or more consecutive years of employment in Pitkin County immediately prior to
application for purchase not meeting minimum occupancy, but which most closely approximates
minimum occupancy.
Persons with one to four consecutive years of employment in Pitkin County immediately prior to
application for purchase not meeting minimum occupancy, but which most closely approximates
mimmum occupancy.
10.
Persons with less than one consecutive year of employment in Pitkin County immediately prior to
application for purchase not meeting minimum occupancy, but which most closely approximates
minimum occupancy.
After prioritization, names of bidders with the highest bids of equal amounts and equal priority status shall
be placed in a lottery which will be held within a reasonable amount of time following the deadline for bids.
If the terms of the proposed purchase contract, other than maximum price, as initially presented to the
owner, are unacceptable to the owner, there shall be a mandatory negotiation period of three (3) business
days. During this period, the owner and potential buyer shall endeavor to reach an agreement regarding said
terms, including but not limited to the closing date and financing contingencies. If the"6wner and buyer
have not reached an agreement at the end of the negotiation period, the next bidder's offer will then be
presented to the owner for consideration. A new three-business day negotiating period will begin. All
follow-up qualified bids will be processed in a like fashion until the unit is sold or all bids are rejected.' If
the owner rejects all bids, the unit shall be placed back on the market for new bids or withdrawn from sale.
The owner shall be subject to the provisions of Part V, Section 3, paragraph 1, regarding sales fees.
If a unit has been expanded to include another bedroom, minimum occupancy shall be based on the original
bedroom count (e.g., for a 1-bedroom unit expanded to a 2-bedroom unit, a single person household would
meet minimum occupancy, and the unit would be marketed as a one-bedroom uni0.
EXCEPTIONS TO PRIORITIES SUBJECT TO (SPECIAL REVIE~vV):
Emergency workers (see Definitions and the Emergency priority under Part II, Section 8,
Emergency Worker) meeting minimum occupancy may qualify for placement into the highest
lottery category (except paragraphs A, B, C and D, of Part m, Section 6). The employee may
compete with other applicants in that category (with a maximum of 5 chances) upon approval from
the Public Safety Council. In order to receive the emergency worker priority, the emergency
worker must have been in service to the community with that agency for a least one year. The
worker will be required to be in service to the agency as a qualification of ownership until they have
Aspen/Pitkin County Housing Guidelines AMENDED 0'1/03 Page 18 of 54
completed four years of service. If the worker leaves the emergency status position before that
time, they will be required to list their unit for sale to a qualified emploYee. (The oPti°n for SpeCial
Review of circumstances for leaving is open to emergency workers.)
First priority for handicapped accessible units shall be given to disabled persons prioritized by
length of residency.
Persons removed from their residence in Aspen or Pitkin County due to conversion or
reconstruction of their residence by government action may receive higher priority upon Special
Review.
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 19 of 54
PART IV
LOTTERY PROCESS
Priority for purchasing via the Housing Lottery is given to those persons who have worked in Pitkin
County a minimum of four consecutive years. ~ln initial lottery is held for persons who have priority
status. A subsequent lottery may be held if necessary. Any persons employed in Pitkin County and
meeting the above criteria are eligible to participate in the Housing Lottery, however, demand for
housing is so great that it is unlikely in the foreseeable future that a non-priority lottery will need to be
held.
The lottery is held the Monday after the listing period has ended, unless otherwise specified. Should there be
an in-complex bid, the lottery will not be held. If there are more than one in-house bids, a lottery w/ll be held
for those in-complex households only. Should all in-house people decline the unit or not get financing, the
lottery will be held for the households who entered the lottery prior to the deadline.
All qualified households who have bid on that unit are entered into the lottery.
The names are printed out and verified prior to running the lottery to ensure that a household has not been
excluded. The names are verified by the bid sheets and by the receipts provided to each bidder. This list is
currently posted on the outside door of the Courthouse Plaza Building by 9:00 a.m, the day the lottery is held.
The lottery shall be nm on the date specified in the advertisement.
51
Once the lottery has been nm, the list is printed out and the names are, again, verified to ensure that all
households were included in the lottery. If there is a problem, the problem is noted on the printout and
explained as to why the lottery has to be reran. The lottery is then rerun with the correction(s) made.
The file of the lottery winner is pulled and reviewed for completion.
Once the winner's information is verified, the winner is notified by the APCHA and an appointment is
scheduled.
The lottery is then classified as "official" and the names posted on the bulletin board in the Housing Office.
If the winner of the lottery does not proceed to contract the Housing Office and sign the contract within three
business days, the next in line is notified and so on, until the unit is under contract for purchase.
NOTE: The APCHA has the right to disqualify a potential winner if the winner's qualification
information cannot be verified, is incomplete, or inaccurate at the time of contract.
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 20 of 54
P.4RT V
PROCEDURES FOR THE S~4LE
OF ~4 C~I TE GOR Y~4FFORD~4BLE HOUSING UNIT
SECTION 1
LISTING A UNIT WITH THE HOUSING OFFICE
An owner of an affordable houSing unit desiring to Sell shOUld consult with the Housing Office and
review the Deed Restriction covering the unit to determine the maximum sales price permitted
and other applicable provisions concerning a sale.
Unless otherwise provided in the Deed Restriction, the unit must be listed for sale with the Housing
Office and the Housing Office staff Will administer the sale in accordance with the Guidelines in
effect at the time of liSting.
There shall be a minimum listing period of three mOnths before a unit's price can be readjusted.
Any termination in the listing may require the payment of adminiStrative and advertising costs.
The APCHA acts as a Transaction Broker representing both Buyer and Seller. Questions will be
answered and help provided to any potential pUrchas6r or seller EQUALLY in accordanCe with the
current Guidelines.
o
The APCHA is responsible for preparing all documents pertaining to the sale and purchase of
Category Units.
All purchasers and sellers are advised to consult legal counsel regarding examination of title and all
contracts, agreements and title documents. The retention of such counsel, licensed real estate
brokers, or such related services, shall be at purchasers or sellers own expense.
The fees paid to the Housing Office are to be paid regardless of any actions or services that the
pumhaser or seller may undertake or acquire.
o
A seller in the process of purchasing a different unit may £md it necessary to secure additional
financing should the property listed for sale not close prior to the closing date on the newly
purchased property.
An inspection form will be provided to the Seller at the time of listing. This will be reviewed with
the Sales Manager. It is required that the Seller shall provide the Buyer with a clean, working unit
upon delivery of deed. Holes in the walls will be filled, carpets steam cleaned, damaged windows
will be repaired, appliances will be in working order, and the plumbing shall be in working order.
A final inspection of the unit shall be conducted by the Buyer on the day of closing. If the unit is
not left in satisfactory condition, at the sole discretion of the APCHA, monetary compensation shall
be held in escrow at closing from the Seller's proceeds until the repairs and/or cleaning are
completed. The repairs and/or cleaning shall be paid from this fund. Any monies left over shall
then be distributed to the Seller. The escrow amount shall be determined by the Housing Office.
Aspen/Pitkin County Housing Guidelines AMENDED 0'1/03 Page 21 of 54
SECTION 2
ADVERTISING THE SALE: BID PERIODS
After a unit is listed for sale with the Housing Office, the Housing Office, at its expense, arranges to
advertise the unit for sale in the Wednesday daily papers. UpOn 'listing, there is an initial two-week
bid period during which the unit is advertised with two open hOuse dates for showing. The initial
two-week bid period ends on the Wednesday after the second week of advertising. If there are no
bids received in the initial bid PeriOd, there will folloTM cOnsecUtive one-Week bid periods, ending
Wednesday, until the unit is sold.
Prospective purchasers are encouraged to investigate sources of financing prior to submitting a bid
for affordable housing and can obtain names of lenders from the Housing'office saleS dep~ent,
Sales staff are available to assist intereSted parties with the purchase procedure and to answer any
questions about the process.
If more than one bid is received during any bid Period, bids are priOritized according to the
Guidelines. If more than one bid is in top Priority, a lottery is held.
SECTION 3
FEES FOR LISTING AND SALES
There are two fees involved in the listing and sale of a Deed Restricted Affordable Housing trait - a
Listing Fee and a Sales Fee. The Sales Fee is equal totwo percent (2%) of the sale's price of the
property, unless otherwise specified in the Deed Restriction. Also3 unless otherwise specified in the
Deed Restriction, the Housing Office will collect a half of the total fee (the Listing Fee) at the time
of the listing. Ifa sale is completed by the Housing Office, the Listing Fee is considered part of the
overall Sales Fee and will be applied to the total Sales Fee payable at closing. The Housing Office
may insa'uct the title company to pay said fees to the Housing Office out of the funds held for the
Seller at the closing. In the event that the Seller: a) fails to perform under the listing contract, b)
rejects all offers at maximum price in cash or cash-equivalent terms, or c) withdraws the listing
after advertising has commenced, that portion of the Listing Fee will not be refunded. In the event
that the Seller withdraws for failure of any bids to be received at maximum price or with acceptable
terms, the advertising and administrative costs incurred by the Housing Office shall be deducted
from the fee. The balance will be credited to the Seller's sales fee when the property is sold.
Unless otherwise specified in the Deed Restriction covering the unit, a fee equaling a quarter
percent (¼%) of the total amount of the loan amount shall be charged by the Housing Office only
when Fannie Mae-type financing provisions are used. Fannie Mae-type financing shall be at the
sole discretion of the Housing Office. This fee shall be paid by the borrower (the buyer) and is
based on the amount of the mortgage. The fee shall be paid for each mortgage transaction and shall
be deposited in the Housing Office Mortgage Reserve Fund Account.
If the fee was not paid on the initial purchase of the unit using the FNMA-type financing provisions,
the fee is then payable by the Owner at the time the unit is sold or refinanced. The buyer of said
unit shall also pay the fee based on the amount of the mortgage as set forth above. If the fee has
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 22 of 54
been paid on a unit and the unit is refinanced, the fee shall only apply to the mount of refinanced
mortgage that is greater than the initial mortgage upon which the fee Was initially Collected.
FNMA-type financing provisions are those which provide, among other things, for the removal of
the Deed Restriction on the unit upon foreclosure of the mortgage, provided that the Housing
Office, City or County do not exercise the option to purchase the unit within a time specified at the
time of foreclosure. The amount and adequacy of the fee and Mortgage Reserve Fund shall be
reviewed annually as part of the Housing Guidelines review.
SECTION 4
DEED RESTRICTION
The purchaser must execute, in a form satisfactory to the Housing Office and for recording with the Pitkin
County Clerk concurrent with the closing of the sale, a dOcument acknowledging the purchaser's agreement
to be bound by the recorded Deed Restriction covering the sale unit. This form is either a Memorandum of
Acceptance that relates to a Master Deed Restriction, or an Occupancy and Resale Agreement. The form is
provided for signature by the purchaser at the time of closing, and will be recorded along with the other
documents that are required to be recorded.
SECTION 5
CO-OWNERSHIP AND CO-SIGNATURE
Any co-ownership interest other than Joint Tenancy or Tenancy-In-Common must be approved by
the Housing Office.
Co-signers (persons providing security or assuming partial responsibility for the loan) may be
approved for ownership of the unit but shall not occupy the unit unleSs qUalified by the Housing
Office.
SECTION 6
SALE OR RESALE OF RESIDENT OCCUPIED UNITS
1. There is not a maximum initial sales price for a newly developed Resident Occupied Unit.
If a vacant lot is purchased for development, an initial Certificate of Occupancy must be obtained
within three years of the sale of the lot,
o
The Housing Office shall qualify prOspective purchasers (under Housing Office qualifications).
Any resales of RO units shall be listed with the HouSing Office. and will be marketed through the
same process as the category units, unless specified differently in that projects specific deed
restriction. This will guarantee that the maximum sales price is being adhered to in all aspects of
the housing program. The Seller will be required to pay a Listing Fee of ~% of the total sale's
price in addition to the ½% Sales Fee, for a total of 1% of the overall sale's price. Mobile home
parks with no sales price limits are exempt from this section, except that at the time of closing, a 1%
fee of the sales price will be paid by the seller into the housing program, unless stated otherwise.
Aspen/Pitkin County Housing Guidelines AMENDED Of~03 Page 23 of 54
The maximum resale price shall be calculated as follows (unless specified differently in a recorded
deed restriction):
the initial sale price of the RO lot or unit, plus 3% or the Consumer Price Index (CPI) whichever is
less, appreciation on that amount, subject to the requirements below; PLUS
the actual cost to construct a unit on a lot, plus 3% or CPI, whichever is less, appreciation on that
amount from the time of Certificate of Occupancy (CO), subjeCt to the requirements below; PLUS
any additional cost to expand the unit to the maximum 2,200 square feet, plus 3% or CPI, whichever
is less, appreciation on that amount, from the time of CO for that addition, subject to the requirements
section stated below; PLUS
the actual cost of permitted capital improvements stated in an exhibit attached to the deed restriction,
not to exceed 10% of the initial sales price of the completed unit, or the expanded unit.
Existing mobile home park(s) converted to the RO category will not have an appreciation cap on the
trailer and/or lot if the unit owners are qualified Pitkin County residents as defined by the
Guidelines. The Housing Office shall retain the right of first refusal on any resale.
SECTION 7
SALE OF SINGLE FAMILY LOTS
The City or County will receive sales proceeds from single-family lots when. the land is being provided as
mitigation of affordable housing impacts for a development or growth.
The property .owner or developer will receive sales proceeds from single-family lots when the land is not
being provided as mitigation of affordable housing impacts for a development or growth.
SECTION 8
LEAVE OF ABSENCE FOR OWNERS OF
AFFORDABLE HOUSING UNITS
An owner of an affordable housing unit must reside in their unit at least nine months out of the year and
work at least 1500 hours per calendar year. There are instances in someone's life where they must leave
Pitldn County for a limited period of time and desire to rent their unit during their absence. In those
instances, a Leave of Absence may be granted by the Housing Office for one year. The homeowner must
provide clear and convincing evidence, which shows a bona fide reason for leaving and a commitment to
return to the Aspen/Pitkin area.
Leave of /lbsence Request Procedure
A Leave of/lbsence Request form must be completed and returned to the Housing Office at least
30 days prior to leaving. This form must be obtained from the Housing Office.
Notice of such intent to rent and the ability to comment shall be provided to any applicable
homeowners' association at the time of request for their input and recommendation.
Aspen/Pitkin County Housing Guidelines
AMENDED 01/03 Page 24 of 54
Terms and Conditions:
o
o
The leave of absence shall be for one year and may, at the discretion of the HouSing Office, be
extended for one more year.
o
The unit may be rented in accordance with Part II, Section 5, during said one or two year period so
long as the Deed Restriction covering the unit permits the rental. A summer Leave of Absence may
be granted and units rented under provisions of Part II, Section 5.
In the event that the rental rate is not set forth in the Deed Restriction, the rent shall be established
at the greater of owner's cost or the rent established in accordance with the Guidelines for units at
the appropriate income category (see Table IV).
Owner's cost as used herein includes the monthly mortgage principal and interest payment,
condominium fees, utilities remaining in owner's name, taxes (if not part of the mortgage payment)
and insurance prorated on a monthly basis, plus $50 per month.
Prior to the Housing Office's qualification of tenant, said tenant shall acknowledge as part of the
lease that said tenant has received, read and understands the homeowners' association covenants,
roles and regulations for the unit and shall abide by them. Enforcement of said covenants, rules and
regulations shall be the responsibility of the homeowners' association.
A copy of the executed lease shall be furnished by the owner or tenant to the Housing Office and
homeowners' association.
Should the homeowners' association recommend denial of the owner's request for a leave, the
Housing Office will conduct a Special Review with the owner and homeowners' association
representative(s) present.
Bona fide reasons for a leave of absence shall be limited to: an illness or death in the family,
educational purposes, job enhancement, travel, exploring relocation options. Should the owner be
denied the Leave of Absence, the owner may request a Special Review.
A short-term rental may be permitted, with the consent of the Housing Office and the Homeowners'
Association, to faculty or employees of a non-profit grouP and who Shall be qualified without
meeting income and assets only for a short-term rental (three months or less).
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 25 of 54
SECTION 9
ROOMMATES IN SALES UNITS
Owners are allowed to have roommates, however, there are certain conditions that must be followed when
renting a room.
Terms and Conditions:
Roommates are permitted as long as the individual is a qualified employee, or falls under the non-
profit group requirement.
2. A roommate must be given a lease.
3. Copies of all leases must be filed with the Housing Office.
The maximum remal rate for the room shall not exceed the maximum rental rate permitted under
Section 8 above, for said unit pro rated on a per bedroom basis. One roommate in a two-bedroom
unit shall pay a maximum rent of one-half (1/2) of the costs; one roommate in a three-bedroom
household shall pay a maximum rent of one-third (1/3) of the total costs.
An owner may rent a unit or room to a qualified employee if it is permissible under the Deed
Restriction and or covenants of the Homeowner's Association covering the unit. The owner must
continue to reside in the unit as a sole and exclusive place of residence. The employee must meet
the income guidelines for the specific unit,' and all other aspects of being a qualified employee,
unless the roommate is employed by a non-profit organization.
The owner shall be deemed to have ceased to use the unit as his or her sole and exclusive place of residence
by accepting permanent employment outside of Pitkin County, or residing in the unit fewer than nine (9)
months out of any twelve (12) months.
Aspen/Pitkin County Housing Guidelines AMENDED 0t/03 Page 26 of 54
PART VI
SPECIAL REVIEW
A Special Review for a variance from the strict application of these Guidelines may be requested if an
unusual hardship can be shown, and the variance from the strict application of the Guidelines is consistent
with the Housing Program intent and policy. In order to request a Special Review, a letter must be
submitted to the Aspen/Pitkin County Housing Authority stating the request, with documentation regarding
the unusual hardship. The applicant shall submit any additional information reasonably requested by
APCHA and a Special Review meeting will be scheduled in a timely manner.
The Special Review Committee may grant the request, with or without conditions, if the approval will not
cause a substantial detriment to the public good and without substantially impairing the intent and purpose
of the Guidelines, and if an unusual hardship is shown.
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 27 of 54
PART VII
INFORMATION FOR DEVELOPMENT OF
AFFORDABLE HO USING
Private sector development is critical in order to meet our affordable housing goals. The Housing Office
Operations Manager will track affordable housing zone projects through the Planning and Building Permit
process in order to aid in communication between the developer and government. This tracking system will
ensure that all affordable housing developments are treated as expeditiously as the City and County policies
intend.
Part VII of the Guidelines contains information to be used by developers of affordable housing units in the
City of Aspen and Pitkin County. This section applies to development applications for free-market
development, residential subdivisions, under the Multifamily Housing Replacement Program, Chapter
26.530, of the City of Aspen Land Use Code, and in calculating the dedication fee (payment-in-lieu fee) for
exempt single-family home and exempt duplex units, and for calculating mitigation requirements as
stipulated under the growth management quota system.
Units developed by a private developer under the Affordable Housing Zone District will have the option to
choose a qualified employee(s) for one-third of the deed-restricted units being developed. The one-third
. chosen by the developer must meet the minimum occupancy requirements. All other units will be placed in
the general housing lottery.
SECTION 1
PRIORITIES FOR AFFORDABLE HOUSING UNITS
The Housing Board establishes the following equal priority unit types based on current needs.
The private sector priorities for development should be as follows:
For-sale type units whereby the average sales price is no higher than Category 3 and the units
consist of one-bedroom and two-bedroom units, with associated RO units
Family-oriented sales units (Categories 3 and 4)
The public sector priorities for development should be as follows:
Entry-level rental units consisting of l-bedroom Categories 1 and 2
For-sale units consisting of Categories 2 and 3 1-bedroom
Family-oriented sales units consisting of Categories 3 and 4
The Housing Board has established the following options, in order of preference depending on the site
location, available to obtain credit for providing deed-restricted affordable housing units' Under the City's or
County's Growth Management Quota System (mitigation units):
On-Site Housing - Affordable housing units located either on the same site as or attached to the
proposed development.
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 28 of 54
Off-Site Housing - Affordable housing units located within the City of Aspen or the Aspen Metro
Area, as defined by the Aspen Area Community Plan and approved by the APCHA.
Cash-in-Lieu or Land-in-Lieu - Payment of an affordable housing dedication fee or a donation of
land. The preference of cash or land shall be determined on a case-by-case basis.
SECTION 2
AFFORDABLE HOUSING UNITS REQUIRED FOR MITIGATION
The following provisions shall apply to all affordable housing units required as mitigation for residential or
commercial development. All such affordable housing units must meet the size, type, income and
occupancy requirements as contained in these Guidelines. Applicants are encouraged to schedule a pre-
application conference with the Aspen/Pitkin County Housing Authority staff to obtain guidance regarding
the application of these Guidelines to specific development projects. The following applies to, and credit
shall be given for, only Category 1, 2~ 3, 4 and Resident Occupied housing as defined in these Guidelines, as
amended from time to time.
Mitigation Credit: Credit under the Growth Management Quota system may be obtained by any of
the following methods Or combination thereof:
Production of new dwelling units deed restricted in perpetuity to rental and sale price terms
as defined in these guidelines.,
Conversion of existing dwelling units to deed restricted status by recording a deed
restriction in perpetuity upon those units restricting them to the rental and sale price terms,
qualification and occupancy requirements of these guidelines (such units may not akeady
be deed restricted by APCHA guidelines).
Payment or Land-in-Lieu may be accepted on a case-by-case basis. Payment shall be made
to the City of Aspen for projects in the City, or Pitkin County, for projects in the County.
Such payment shall be made prior to and on a proportional basis to the issuance of any
building permits for the non-deed restricted dwelling units of the proposed development.
Applicants may choose to prepay the affordable housing dedication fee prior to issuance of
any building permits for the project and receive a discount on the fee, based on the present
value index included within these Guidelines. Approval of the present value discount shall
be at the option of the APCHA and the City Council or Board of County Commissioners,
depending on the location of the project.
Should a proposed development cause the displacement of housing units that are
currently deed restricted to employee housing guidelines, then the applicant shall only
receive credit for housing for the next number of employees to be housed by the
proposed development, reflecting the number to be housed in the new units minus those
housed in the existing units, rather than for housing the gross number of employees
housed in the new units.
AspenlPitkin County Housing Guidelines AMENDED 01/03 Page 29 of 54
o
o
The deed restrictions created to obtain credit for affordable housing may be amended by
agreement between the property owner and the City Council upon the recommendation
of the Growth Management Commission.
Unit Location: Affordable housing units must meet the "Acceptance of Affordable Housing Units"
policies set forth in the Housing Board Policy Statements.
Unit Size: Affordable housing units must meet the minimum size requirements set forth in Part VII,
Section 8. Reductions in the minimum square footage shall be allowed based on the criteria
specified.
Unit Price: Rental or sales prices shall be no greater than allowable under these Guidelines (Tables
III and IV). Should a unit be proposed that is larger than the minimum sizes set forth in these
Guidelines, the rental or sales price shall be no greater than the prices specified.
Buy-Down of Existing Units: If the affordable units are proposed to be provided off-site through
the deed restriction of existing units, the applicant shall be required to document the feasibility of
this off-site location by demonstrating that they have an interest in the property or dwelling units
and by specifying the size and type of units to be provided and any physical upgrade to be
accomplished.
Mitigation Requirements for Lodge Developments: Lodge developments shall not be restricted to
housing employees of their own business, but shall also be required to house qualified employees of
the community at large. It should be anticipated that the housing units proposed will be required to
be restricted to Category 2 price and occupancy guidelines unless the housing unit is restricted to
use by an owner or manager. The category requirement is subject to review of the Aspen/Pitkin
County Housing Authority based on current community housing needs and wage rates.
o
SECTION 3
REQUIREMENTS FOR AFFORDABLE HOUSING UNITS
IN RESIDENTIAL SUBDIVISIONS
At least 60% of the bedrooms in any residential SubdiviSion approved under the City of Aspen's
growth management regulations shall be in units restricted as affordable hOUsing. The average rent
or sale price of the affordable hoUsing units Shall not exceed the category 2 maXimum amounts set
forth in these Guidelines, and as theY are amended from time to time.
All units provided under this Section must meet one or more of the priorities stated above in
Section 1.
These requirements are not subject to any type of variance bY Special Review.
No Resident Occupied (RO) units are permitted in the affordable hoUSing component~
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 30 of 54
SECTION 4
REQUIREMENTS FOR AFFORDABLE HOUSING UNITS UNDER THE
MULTI-FAMILY HOUSING REPLACEMENT PROGRAM
The average price of affordable housing units required under Chapter 26.530 of the City of Aspen
Land Use Code, Multifamily Housing Replacement Program, shall not exceed Category 2
maximum rental or sales prices as set forth in these GUidelines, and as they are amended from time
to time.
All units provided under this Section must meet one or more of the priorities stated above in Section
1.
3. These requirements are not subject to any type of variance by Special Review.
4. No Resident Occupied (RO) units are permitted in the affordable housing component.
SECTION 5
REQUIREMENTS FOR THE AFFORDABLE HOUSING ZONE DISTRICT
The following requirements apply to affordable housing units in any Affordable Housing Zone District
project that includes free market units~
For aff'ordable housing developments, the developer shall provide at least a 70% affordable
housing/30% free market component. In the affordable housing mix, at least 40% of the units must
be category units with an average price not to exceed the maximum price of Category 4. A mix of
categories is preferred.
Thirty-percent (30%) of the affordable housing units may be 'classified as Resident Occupied.
However, only 30% of a project's bedrooms may be located within free market units. Category
housing and Resident Occupied units must comprise 70% of the bedroom mix. Projects may be
comprised of all category deed restricted or resident occupied units. In the eVent that no flee market
development is proposed as part of the project, the limitation on Resident Occupied units and
bedroom mix shall not apply.
In order to be eligible for a reduction in the requirement to the level of 60% Affordable Housing
and 40% Free Market Housing, the project shall be required to demonstrate to the satisfaction of the
City Council that all of the following criteria have been met:
The quality of the proposed development substantially exceeds that established in the minimum
threshold for the scoring established in the GMQS Scoring section of the City of Aspen Municipal
Code;
The proposal maximizes affordability, consistent with housing needs established as priority through
these Guidelines;
The proposal integrates a mixture of economic levels and hoUsing for a Variety of lifestyles (e.g.,
singles, seniors and families);
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 31 of 54
o
The proposal minimizes impacts on infrastructure by incorporating innovative, energy-saving site
design, structural design characteristics or other techniques that minimize the use of water, heating
and sewage disposal;
The proposal incorporates or integrates with an existing local based economy (i.e., sustainable local
businesses);
The proposal accomplishes a level of design and site plan ingenuity that advances the community
goals expressed in the Aspen Area Community Plan;
The proposed project represents an exceptional commitment to advancing the visions, goals and
specific actions items of the Aspen Area Community Plan, particularly those addressed in the scoring
criteria under the Gro~vth Management Quota System as stated in the City of Aspen Municipal Code;
and
No RO units are included in the project; only category units are included in the project.
In any mixed project that contains an affordable housing and a free market component, as a
condition of condominiumization or subdivision rights, voting rights and fees will need to be
determined and agreed to by the APCHA. The Declaration of Covenants must require one vote per
unit, and handling of the homeowners' association dues and the types of improvements the
affordable housing component will be responsible to pay. Homeowners' dues can be based on a
sliding scale based on the square footage of the unit, the number 6fbedrooms, the cOst of the home,
or one fee across the board. This'will be decided upon at the time of final apprOval for the
development and incorporated into the Declaration of Covenants. All projects that involve an
affordable housing component shall provide all documents to the Housing Office for review and
approval.
All units provided under this Se~tic~n. must meet one or more of the priorities
Section 1.
stated above in
SECTION 6
DEDICATION FEE FOR EXEMPT SINGLE'FAMILY HOME
AND DUPLEX UNITS
See Part VII, Section 12, ~4ffordable Housing Dedication Fee (Payment-in-Lieu Fee) under these
Guidelines.
SECTION 7
RESIDENT OCCUPIED UNITS
This category was created to offer the private sector an incentive to produce affordable housing for the
community. RO units shall be occupied by persons and families who qualify as stated below. RO units
shall also be subject to their own deed restrictions recorded prior to the eStablishment of the RO Guidelines
and are subject to their individual deed restrictions. This includes, but is not li~ted to, smuggler Mobile
Home Park, Aspen Village, and the AABC Rowhouses. Williams Ranch contains 10 "Category 5" units,.
which limits gross income to $171,300 and net assets to $400,000.
Aspen/Pitkin County Housing Guidelines AMENDED 0'1/03 Page 32 of 54
RO Units shall meet the following criteria:
I. No income requirements, but the total net assets cannot exceed $900,000.
2. Initial Sales Price will be set by the developer.
Maximum Resale Price/Appreciation: The maXimum resale price is the pUrchase price plus 3% or
the Consumer Price Index (CPI) appreciation, whichever is less (simple, not compounded) of the
purchase price for each year or portion thereof, that the unit is owned.
Unit Size: A maximum of 2,200 gross square feet. In addition, a maXimum 500 square foot garage
and a maximum 800 square foot basement are permitted. If a larger garage or basement is
constructed, then all square footage over 500 or 800 square feet, respectively, will be considered as
a part of the 2,200 square feet of space allowed.
Employment Requirement: Applicants must demonstrate that they are qualified employees and that
they have four years of consecutive full-time employment, as defined by the Guidelines, in Pitldn
County immediately prior to application. Individuals who are retired are required to demonstrate
that they were qualified employees based UPon the definiti°n in these GuideiineS for four Years
immediately prior to their retirement.
Primary Residence: A RO unit must be the owner's primary residence. Proof of residency,
including but not limited to, vOter registration and automobile registration, shall be required.
Income/Earnings: Applicants must demonstrate' that their income/earnings are earned primarily in
Pitkin County (75%). Applicants must demonstrate that they pay Colorado Income Tax as a
Colorado resident.
The owner cannot own any other developed residential property in Eagle, Garfield, Gunnison or
Pitkin counties, or must list for sale, at competitive prices, the residential real estate or mObile
home prior to or simultaneously with Closing on the RO unit2
Sales and Marketing: The APCHA shall market all RO units the same as the CategOry units, unless
specifically specified in the respective deed restriction, With the eXception Of the sales fee. The
sales fee charged will be 1% of the sales price.
10.
Each owner shall be required to prove compliance with their deed restriction as to employment,
residency, and ownership of other property as specified in the Guidelines and as they are amended
from time to time, by completing the Compliance Affidavit, and Providing dOcumentatiOn when
requested.
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 33 of 54
SECTION 8
NET MINIMUM LIVABLE SQUARE FOOTAGE FOR
NEWLY DEED RESTRICTED AFFORDABLE HOUSING UNITS
Table II sets forth the allowable Minimum Net Livable Square Feet (see Definitions) for each unit type and
category. Developers may choose to construct larger units; however, allowable rent and sale prices for such
larger units may not exceed the maximum set forth in Tables III and IV.
PLEASE NOTE: Subject to approval by the Housing Office, the minimum net livable square foot
requirements may be reduced. It must be demonstrated that the development satisfies, or is required to
adjust to other physical factors or considerations including, but not limited to, design for livability,
common storage, other amenities, location or site designs.
TABLE II
MINIMUM NET LIVABLE SQUARE FEET
FOR EACH UNIT TYPE AND INCOME CATEGORY
Categories 1 & 2 Categories 3 & 4 Categories 5 & 6 Category 7
Unit Type Square Feet Square Feet Square Feet .Square Feet
Studio 400 500 600 700
1 Bedroom 600 700 800 900
2 Bedroom 850 950 1,000 1,100
3 Bedroom 1,000 1,200 1,300 1,400
Single-Family Detached 1,100 1,400 1,700 1,900
Net Livable Square Footage (see Definitions) calculations are required for the affordable housing
component of a project. The Community Development Department prior to issuance of any building
'permits for either the free market or affordable housing component of the project must verify square
footage. The Community Development Department shall retain a set of approved building permit drawings
for the project. The Community Development Department or Housing Office may check the actual
construction of the affordable housing units for compliance with the approved building permit plans.
The conditions under which reductions may be made are stated below. However, no reduction greater than
20% of the category minimum will be allowed.
Significant storage- additional storage outside the unit;
· Above average natural light - more windows than the Code requires;
Efficient and flexible layout - limit to space used for halls and staircases;
Site amenities - pool, near to park or open space, etc.;
Location within the project - above ground versus ground level or below ground;
If the applicant can achieve higher density of deed restricted units with this variance.
Square footage adjustments will be subject to APCHA approval. A written analysis and recommendation
will be completed during the Development Review Committee referral. Staff comments will be used in
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 34 of 54
developing the project's approval ordinance. Applicants will be allowed to appeal decisions to the Housing
Board, followed by City Council or the BOCC.
SECTION 9
MAXIMUM SALES PRICES FOR NEWLY DEED RESTRICTED
AFFORDABLE LOTS AND HOUSING UNITS
Table III sets forth the maximum sales price for newly deed restricted affordable housing units and
affordable lots to the initial purchaser. The maximum resale price of a unit shall be controlled by the Deed
Restriction coveting the trait executed by the initial purchaser upon closing of the initial purchaSe.
TABLE III - MAXIMUM UNIT SALES pRICES
Unit Type Category 1 Category_ 2
Studio $32,600 $74,000
1 Bedroom $40,800 $87,800
2 Bedroom $49,100 $108,700
3 Bedroom $56,900 $133,500
SF Detached $69,600 $158,200
SF Lot N/A N/A
Category3
$122,500
$135,200
$159,900
$184,600
$2o9,400
N/A
Category4
$207,600
$221,700
$246,400
$271,200
$295,800
$40,900
· Unit Type Category_ 5 Category 6 Category 7 Category RO
Studio $290,500 $324,000 $362,900 N/A
1 Bedroom $314,900 $348,300 $387,300 N/A
2 Bedroom $339,200 $372,700 $411,600 N/A
3 Bedroom $363,600 $397,000 $436,100 N/A
SF Detached $387,900 $421,500 $460,400 N/A
SF Lot $84,100 $117,600 $120,700 $150,000
NOTES:
Single-family lots shall be developed with homes of three bedrooms or larger and shall be prioritized
for lottery as set forth in Part Il, Section 5 herein.
Category 1, 2 and 3 single-family lots are not allowed. Lot prices for Category 4 through RO include
the cost of access and utilities for the lot as set forth in Part III, Section 6 herein.
Sale units will be offered for sale through the HouSing Office to all qualified persons under the
procedures established by the Guidelines.
Persons employed by an owner/operator shall be given fu'st priority to purchase affordable housing
units associated with a lodge, agricultUral operation, or commercial development, when ownership has
been retained by the owner/operator of the development. Employees must meet the HouSing Office's
Guidelines for occupancy, income and assets criteria in order to qualify to occupy the unit(s). In the
event there are no persons directly employed by the owner who qualify, the unit shall then be offered
Aspen/Pitkin County Housing Guidelines AMENDED Of~03 Page 35 of 54
to other qualified persons according to the Guidelines. (Affordable Housing [AH] Zone development
is exempt from this section.) All resales will go into the general lottery and be sold by the APCHA
per the deed restriction.
Newly deed restricted affordable housing sales units must be in marketable condition. Properties must
comply with the Uniform Building Code and all rules, regulations, and codes of all governmental
utilities and agencies having jurisdiction. Prior to sale, the trait must be inspected and approved by a
certified building inspector, architect or engineer approved by the APCHA. Cost of such inspections
shall be the responsibility of the applicant. The APCHA must approve the results of the inspection.
SECTION 10
MAXIMUM MONTHLY RENTAL RATES FOR NEWLY DEED RESTRICTED
AFFORDABLE HOUSING UNITS
Table IV sets forth the maximum monthly rental rates for newly deed restricted affordable housing units.
The rental rates apply and shall be in effect for a twelve (12) month periOd from the commencement date of
the initial lease. Thereafter, the maximum monthly rental rate may be increased only to the extent that the
Guidelines then in effect permit.
TABLE IV
MAXIMUM MONTHLY RENT
Unit Type Category_ 1 Category 2 Category 3 Category 4 RO
Studio $391 $694 $1,036 $1,375 $1,886
1 Bedroom 481 815 1,156 1,509 2,019
2 Bedroom 571 936 1,278 1,630 2,141
3 Bedroom 662 1,048 1,401 1,753 2,264
SF Detached 754 1,181 1,521 1,812 2,323
NOTES:
Units constructed prior to the effective date of these Guidelines shall charge rents that do not exceed
those set forth in Part VIII, Table VII.
2. Remtal rates shall apply whether the units are provided fianiShed or unfurniShed.
Rental rates in Table IV include, and may not be increased to pay for, the cost of utilities in common
areas, condominium dues, management costs and taxes. In the event that utilities are commonly
metered, a charge to the tenant may be made in addition to the maximum rents in Table IV for the
tenant's share of such utilities attributable to the tenant's net living area. Tenants shall be responsible
for individually metered utilities.
Prior to occupancy of a deed restricted rental unit, the Housing Office must qualify the tenant. All
verification required under these Guidelines must be provided. The tenant must provide the
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 36 of 54
owner/landlord with proof of verification and qualification by the Housing Office prior to occupancy.
The owner shall be required to provide a copy of the lease agreement to the Housing Office for
approval. The Housing Office will approve or deny the agreement within five working days. Leases
shall meet occupancy standards and allowable rental rates, and shall be for a minimum term of six
consecutive months. Tenant shall provide an executed copy of the lease to the Housing Office prior to
occupancy.
Persons employed by an owner/operator shall be given first priority to rent affordable housing units
associated with a lodge, agricultural operation, or commercial development, when ownership has been
retained by the owner/operator of the development. Employees must meet the Housing Office's
Guidelines for occupancy, income and assets criteria in order to qualify to occupy the mt(s). In the
event there are no persons directly employed by the owner who qualify, the unit shall then be offered
to other qualified persons according to the Guidelines. (Affordable Housing [AH] Zone development
is exempt from this section.)
All newly deed restricted affordable housing rental units must comply with the Uniform Building
Code and with all roles, regulations and codes of all governmental bodies and agencies having
jurisdiction. The owner of affordable housing rental units, at its cost and expense, must keep and
maintain the interior and exterior of the total structure (including all residential units therein) and the
adjacent open areas in a safe and clean condition and in a state of good order and repair, reasonable
wear and tear and negligent or intentional damage by tenants excepted.
SECTION 11
REQUIREMENTS FOR DORMITORY/LODGE
(Seasonal Units)
Pursuant to the applicable City or County Land Use Codes, an applicant for a development may, under
certain conditions and subject to certain requirements, satisfy the affordable housing requirements by
provision of dormitory/lodge units designed for occupancy by seasonal employees. Acceptance of such
dormitory/ lodge units shall be at the sole discretion of the respective governing body at the
recommendation of the Housing Office. The dormitory/lodge units must satisfy all requirements of the
applicable Guidelines and shall be required to meet the following minimum standards:
1. Occupancy of a dormitory unit shall be limited to no more than eight persons.
There shall be 150 or greater net livable square feet of living area per person, including sleeping and
bathroom. F6r purposes of this requirement, Net Livable square footage shall not include interior or
exterior hallways, parking, patios, decks, cooking, lounge used in common, laundry rooms,
mechanical areas, and storage. Rents for dormitory/lodge units and units developed for seasonal
occupancy only pursuant to a plan approved by the Housing Office shall be calculated on the net
livable square footage as described above and computed at the rates set forth on a case-by-case basis.
3. Notes 3, 4, 5 and 6 under Table IV, Part VII, Section 10, apply to Dormitory/Lodge units.
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 37 of 54
o
At least one bathroom shall be provided for shared use by no more than four persons. The bathroom
shall contain at least one water closet, one lavatory, one bathtub with a shower, and a total area of at
least 60 net livable square feet.
A kitchen facility or access to a common kitchen or common eating facility shall be provided subject
to the Housing Office's approval and determination that the facilities are adequate in size to service the
number of persons using the facility.
Use of 20 net leasable square feet per person of enclosed storage area located within, or adjacent to,
the unit.
A manager's or assistant manager's rent shall be calculated based on the income category of the
respective manager.
Rents for dormitory units will be set by Special Review on a case-by-base basis, given the unique and
varying characteristics of dormitory units, with affordability as the key issue.
SECTION 12
AFFORDABLE HOUSING DEDICATION FEE
(Payment-In-Lieu Fee)
Pursuant to the applicable City or County Land Use Codes, an applicant for a development may,
under certain conditions and subject' 'to Certain requirements} satisfy the affordable housing
requirement by payment of an affordable housing dedication fee (payment-in-lieu fee). The number
of employees (affordable housing residents) required to be housed is determined by the Employee
Generation schedules contained in the applicable City and County Codes, or included herein. The
time of payment of the fee is prior to the issuance of a building permit. Acceptance of the payment-
in-lieu fee shall be at the sole discretion of the reSPective governing body at the recommendation of
the Housing Office.
All County fees shall be paid to the Pitldn County Finance Director and all City fees shall be paid to
the City Finance Director. A receipt shall be issued by the Finance Directors to the applicant for
submission to the Community Development Director as verification of payment, with a Copy Of the
receipt supplied by the developer to the APCHA prior to issuance of a building permit, The
number of employees generated will be dictated by the applicable City and County codes or herein.
The City and County Codes will prevail in any conflict between the Guidelines and the Codes. The
Employee Generation Table is included in the City Code for the specific zone districts.
Payment-In-Lieu Fee:
Category 1 $234,087
Category 2 $195,854
Category 3 $184,798
Category 4 $115,359
The fee required for the construction of an exempt single-family home or duplex unit shall
be calculated as follows:
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 38 of 54
.4verage of the Category 2 and Category $ payment-in-lieu fee as stated in the Table above,
divided by 3,000 square feet X the next increase in F,4R of the new structure will equal the
payment-in-lieu payment for replacement structures. The formula assumes that for every
3,000 square feet of new single-family or duplex floor area, the public will be required to
provide housing for one moderate income employee. Currently, that amount is $195~854 +
$184,798 .'-2 + 3,000 = $65.44 per square foot of new structure.
Deferral of the Affordable Housing Impact Fee: If the owner of a single-family or duplex unit for
which an affordable housing impact fee is due is a qualified working resident, as that term is
defined in the Guidelines, the obligation to pay the impact fee may be deferred, at the owner's
request, until such time as the dwelling unit is sold to a buyer who is not a qualified working
resident. Furthermore, the amount of the impact fee that was deferred shall be recalculated at the
time of sale based on the Guidelines in effect at the time of sale. The obligation for the fee and the
procedures for calculating the fee shall be set forth in a written document, signed by the owner or
owners of the subject dwelling unit, approved by an APCHA representative and the Community
Development Department Director, and recorded in the records of the Pitkin County Clerk and
Recorder prior to the issuance of a Certificate of Occupancy.
5. For the purposes of calculating payment-in-lieu fee, the following occupancy standards shall apply:
TABLE V
OCCUPANCY STANDARDS BY UNIT TYPE
UNIT TYPE
Dormitory/Lodge
Studio
One Bedroom
Two Bedrooms
Three Bedrooms
OCCUPANCY
1.00 employee/150 sq. fi.
1.25 employees
1.75 employees
2.25 employees
3.00 employees
For each bedroom in excess of three, the occupancy standard increaSes by ,5 emPloYeeS.
SECTION 13
CONVEYANCE OF VACANT LoTs
Pursuant to the applicable City or County Land Use Codes, an applicant for a development, under certain
conditions and subject to certain requirements, may satisfy the affordable hOuSing requirement bY the
conveyance of vaCant lots. Acceptance of the lots shall be at the sole discretion of the respective governing
body upon recommendation of the Housing Office.
All lots must be fully developed and ready for construction, i.e., imprOved lots with water or well,
sewer or septic, roads, and telephone, electricity and gas (if available) in place to the property line.
A soils report, prepared by a qualified engineer and based UPon test holes within the building
envelope of each lot, stipulating that the lot is suitable for cOnstruction of the intended dwelling
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 39 of 54
o
type without requiring unusual excavation, foundation work or accommodation of other unusual
conditions shall accompany the conveyance.
All lots shall be conveyed to the Housing Office concurrent with recordation of final plat for the
project.
At the time of conveyance, the developer shall establish an escrow account in an amount sufficient
to cover 125% of the estimated costs required to complete the improvement of the lots in
accordance with number 1 above. Improvements as noted in number 1 above, shall be completed
within one year from the date of conveyance of the property to the Housing Office.
The Subdivision Improvements Agreement and the Protective Covenants shall incorporate the
conditions stated in 1, 2 and 3, directly above this paragraph.
SECTION 14
DEED RESTRICTING EXISTING DWELLING UNITS
Pursuant to the applicable City or County Land Use Codes, an applicant for a development, under
certain conditions and subject to certain requirements, may satisfy the affordable housing
requirement by deed restricting existing unrestricted housing to comply with the Guidelines.
Acceptance of existing units shall be at the sole discretion of the respective governing body upon
recommendation of the APCHA.
If accepted by the City or County, existing units must be upgraded in accordance with the following
criteria, (unless a variance from these requirements is approved by the applicable goveming body
upon the recommendation of the APCHA):
a. The interior walls of all units must be freshly painted.
The interior Appliances must be purchased within the last five years and be in good and
working condition.
c. Carpet must be less than five year old and be in good condition and repair, or be replaced.
d. The exterior walls shall be freshly painted within one year of dedication.
e. A general level of upgrade to yards and landscaping shall be provided.
Windows, heating, plumbing, electrical systems, fixtures and equipment shall be in good
and working order.
g. The roof must have a remaining useful life of at least ten (10) years.
All units shall meet Uniform Building Code minimum standards, any applicable housing
code or, in the absence of an adequate code, the housing code acceptable to the APCHA,
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 40 of 54
All units shall be approved by the APCHA and Verified by a qualified Building InspectOr
accepted and approved by the APCHA,
Applicant shall bear the costs and expenses of any required upgrades to meet the above
standards as well as any structural/engineering repOrts required by the APCHA to assess
the suitability for occupancy and compliance with the APCHA standards of the proposed
units.
SECTION 15
EXECUTION OF DEED ~ST~CTIONS BY i~PLICANTS
Deed Restrictions must be submitted by the applicant to the APCHA aCcOrding to the follOwing time
schedule:
Conditional Use ApPlications - PriOr to issuance of any building permit for a project, the APCHA
shall have an approved, executed and recorded Deed ReStriction for the required cOrnmih'nent by the
applicant.
Growth Management plan Applications - Prior to issuance of any bUilding Permit for a project} the
APCHA shall haVe an approved, executed and recorded Deed ReStriction for the required
commitment by the applicant. A coPY of the recorded Land USe Code and ResolutiOn and Deed
Restriction shall be sent to the APCHA. PriOr to issuance of any Certificate Of OccUpancy, the Deed
Restriction shall be amended, if necessary. The amendment shall reflect changes approved by the
APCHA and governing bodies that may have occurred during construction or conversion of the
unit(s), (i.e., net livable square footage), i The amendment will then be executed and recorded, with the
original returned to the APCHA.
o
Others - Prior to issuance of any building permit for a project, the APCHA shall have an approved,
executed and recorded Deed Restriction for the required commitment by the applicant. A copy of the
recorded Land Use Code Resolution and Deed Restriction shall be Sent to the APCHA. Prior to
issuance of any Certificate of Occupancy, the Deed Restriction shall be amended, if necessary. The
amendment shall reflect changes approved by the Housing Office that may have occurred during
construction or conversion of the unit(s) (i.e., net livable square footage). The amendment will then
be executed and recorded, with the original returned to the APCHA for their files.
SECTION 16
MAXIMUM VACANCY
Deed restricted rental units are required to be occupied. They may be vacant between tenancies for a
maximum period of forty-five (45) days, unless authorized by the APCHA.' If the Owner exceeds the forty-
five day limit without APCHA approval, then the APCHA Will place a qualified employee from existing
wait lists with a minimum six (6) month lease. '
Aspen/Pitkin County Housing Guidelines
AMENDED 01/03
Page 41 of 54
PAR T VIII
MAXIMUM ANNUAL RENT INCREASE FOR
EXISTING DEED RESTRICTED RENTAL UNITS
The maximum monthly rent for an existing affordable housing unit is calculated using the maximum
monthly rent permitted under the Guidelines in effect at the time the unit was first occupied. The rent is
increased each year by the maximum percentage permitted by the Guidelines.
Maximum rent increases allowed for existing units are as follows:
TABLE VI
PERMITTED INCREASE IN MAXIMUM RENT
FOR EXISTING AFFORDABLE HOUSING UNITS
Year Increase Year Increase Year Increase
1978-1982 0.0% 1991 0.0% 1998 .73%
1983 6.6% 1992 2.0% 1999 .54%
1984 5.0% 1993 1.2% 2000 1.08%
1985 3.3% 1994 1.0% 2001 1.40%
1986-1988 0.0% 1995 1.1% 2002 1.63%
1989 4.7% 1996 .99% 2003 2.15%
1990 3.0% 1997 1.31%
The 2.15% increase is based on the lesser of the percentage change in the Consumer Price Index (Urban
Wage Earners), November 2001 - November 2002, or 3%, whichever is less. The index increased at the rate
of 2.15% during this period.
Prior to 2002, operating costs for rental housing, which are subject to the CPI increase, were assumed to be
40% of rental income. In order to maintain the efficient nmning of existing deed restricted units, rental rates
can increase at the rate of CPI, or 3%, whichever is less, on a yearly basis. Please contact the APCHA for
the actual maximum rental rates available and the APCHA will assist any applicant in determining their
maximum permitted rent.
Aspen/Pitkin County Housing Guidelines AMENDED 01/03 Page 42 of 54
P/I R T1X.
GRIEVANCE PROCEDURES
A grievance is any dispute that a tenant or purchaser (see Definitions) may have with the Housing Office
with respect to action or failure to act in accordance with the individual tenant's or purchaSer's tights, duties,
welfare or status. A grievance may be presented to the Housing Office Board of Directors under the
following procedures.
I. FILING A GRIEVANCE
A. Any grievance must be presented in
writing to the Housing Office. It may be simply
stated, but shall specify: 1) the particular
ground(s) upon which it is based; 2) the action
requested; and 3) the name, address, telephone
number of the complainant and similar
information about his/her representative, if any.
B. Upon presentation of a written
grievance, a hearing before the Housing Office
Board of Directors shall be scheduled for the next
scheduled Board meeting. The matter may be
continued at the discretion of the Board. The
c6mplainant shall be afforded a fair hearing
providing the basic safeguard of due process,
including notice and an opportunity to be heard in
a timely, reasonable manner.
C. The complainant and the Housing
Office shall have the opportunity to examine and,
before the heating at the expense of the
complainant, to copy all documents, records and
regulations of the Housing Office that are
relevant to the hearing. Any document not made
available after written request may not be relied
upon at the hearing.
D. The complainant has the right to be
represented by counsel.
II. CONDUCT OF THE HEARING
A. If the complainant fails to appear at
the scheduled hearing, the Board may make a
determination to postpone the hearing or make a
determination based upon the written
documentation and the evidence submitted.
B. The hearing shall be conducted by the
Board as follows: Oral or documentary evidence
may be received without strict compliance with
the rules of evidence apPlicable to judicial
proceedings.
C. The fight to cross-examine shall be at
the discretion of the Board and may be regulated
by the Board as it deems necessary for a fair
hearing.
D. Based on the records of proceedings,
the Board will provide a written decision and
include therein the reasons for its determination.
The decision of the Board shall be binding on the
Housing Office that shall take all actions
necessary to carry out the decision.
Aspen/Pitkin County Housing Guidelines AMENDED 0t/03 Page 43 of 54
PART X
DEFINITIONS
Accessory Dwelling Unit - The unit must be a
totally private unit, with a private entrance, a full
bath and a kitchen as defined in these Guidelines.
Also see Aspen Land Use Code, Chapter 26.520.
Affordable Housine - Dwelling units restricted
to the housing size and type for individuals
meeting asset, income and minimum occupancy
guidelines approved by the Aspen City Council,
Board of County Commissioners and/or the
Housing Office, whichever shall apply.
Affordable Housing Zone District - See Aspen
Land Use Code, Chapter 26.710.
Aspen/Pitkin Coun,ty Housing Authority -
APCHA and/or Housing Office.
Assets - Anything owned by an individual which
has commercial or exchange value. Assets
consist of specific property or claims against
others, in contrast to obligations due others. See
also definition for Gross Assets and Net Assets.
Basement - As defined by the applicable City or
County Land Use Code.
Bedroom - Designed to be used for sleeping
purposes that shall contain closets, have access to
a bathroom and meets applicable City or County
Uniform Building Code requirements for light,
ventilation, sanitation and egress.
Buydown Unit - Free-market that the govern-
ment (Aspen, Pitkin County, Housing Office)
and/or private sector acquired and deed restricted
to affordable housing.
Capital Improvements Unless otherwise
defined in the Deed Restriction coveting the
affordable housing unit, any fixture erected as a
permanent improvement to real property
excluding repair, replacement, and maintenance
costs.
Caretaker Dwelling Units - The unit must be a
totally private unit, with a private entrance, a full
bath and a kitchen as defined in these Guidelines.
See Section 3-150-130, County Land Use Code.
Category - Income limits, sales prices or
maximum rental rates as determined by the
APCHA according to household income and net
assets.
Consumer Price Index (CPI) - The Consumer
Price Index that is used for purposes of the
Guidelines and for purposes of the Deed
Restriction is the Consumer Price Index- U.S.
City Average and Regions, Urban Wage Earners
and Clerical Workers (CPI-W), All Items
(1967=100). Updated information is received on
a monthly basis from the U.S. Department of
Labor, Bureau of Labor Statistics.
Co-signer - A joint signatory of a promissory
note who shall not occupy the unit unless
qualified by the APCHA.
Deed Restriction - A contract entered into
between the APCHA and the owner or purchaser
of real property identifying the conditions of
occupancy and resale.
Dependent - A minor child (18 years or younger)
or other relative of the renter or owner of an
affordable housing unit, which child or relative is
taken and listed as a dependent for federal income
tax purposes by such renter or owner or his or her
present or former spouse (said dependent must
also be related by blood or adoption). In the case
of divorced families with children, to obtain a
bedroom, each child shall be used once for
proving minimum occupancy. Should both
parents enter the same lottery, the top winner only
shall be allowed to purchase the unit; the other
parent shall be able to use the child(ren) to obtain
one additional bedroom only. The parent may
request a Special Review to purchase a unit that
has more than two bedrooms.
Aspen/Pitkin County Housing Guidelines AMENDED 0'1/03 Page 44 of 54
Disabled Person - A person who meets the
definition of "individual with a disability"
contained in documentation located in the
Housing Office and obtained by the State of
Colorado.
Dormitory - A structure or portion thereof under
single management that provides group sleeping
accommodations for occupants in one (1) or more
rooms for compensation. Standards for use,
occupancy, and design of such facilities shall be
approved by the APCHA. See Part m, Sec. 4.
Emer!~ency Worker - An employee or volunteer
(on call 24 hours/day, 7 days a week for human,
life threatening emergencies) of a community
based organization that provides on-scene
assistance ~ving personal care to victims,
including, but not limited to the following: Fire
Department Workers, Mountain Rescue, Sheriffs
Deputies, Police Officers, Hospital Emergency
Room Technicians, Social Service Workers
(mental health and abuse case workers),
Ambulance Drivers, Emergency Medical
Technicians, Communications Dispatchers
through the Sheriffs Office or Police Department,
etc. Emergency Service Department Head
approval is required, whereby the supervisor must
demonstrate the need of that agency to house
another Emergency Worker in the Aspen area by
requesting a formal approval with the Public
Safety Council Housing Subcommittee (see
Section 7, Rental Waitlist).
Employee/Qualified Resident/Buyer - A person
who is employed on the basis of a minimum of
1,500 hours worked per calendar year in Pitldn
County, which averages 35 hours a week, 10
months a year; or 32 hours a week, 11 months a
year, physically working in Pitkin County and
must reside in the unit a minimum of nine (9)
months out of the year. If self-employed, the
worker must provide verification of the work
done in Pitkin County.
Employer - A business whose business address is
located within Aspen or Pitkin County, whose
business employs employees (as defined herein)
within Pitldn County, and whose business taxes
are paid in Aspen or Pitkin County. If an
employer is not physically based in Pitkin
County, an employee must be able to verify that
they work in Pitkin County a minimum of 1500
hours per calendar year for individuals,
businesses or institutional operations located in
Pitkin County.
Employee (N0n~Profit) - A person who works/
performs for a non-profit organization.
Employees include artists, performers, musicians,
organizers, bookkeepers, etc., but excluding
construction workers. Non-profit organizations
include any certified non-profit organization
providing services to and located in Pitkin
County.
Employee Dwelling Unit - This is a deed-
restricted unit that is required to be rented out.
Also see the Pitkin County Land Use Code,
Section 3-150-120.
Employee Housing - See definition for
Affordable Housing.
Family - For purposes of transferring property
only, a family (or immediate family) is defined as
husband, wife, mother, father, brother, sister, son,
daughter, either biologically or by legal adoption.
Any transfer to a family member must fall under
this definition.
Family-Oriented Unit - A dwelling unit attached
or detached, 3 bedrooms or more, with direct
ground floor access to a useable yard area.
Fannie Mae (FNMA) - Federal National
Mortgage Association, a quasi-governmental
agency that purchases mortgage loans in the
secondary loan market.
Fee SimPle Estate - The maximum possible
estate that one can possess in real property;
complete and absolute ownership of indefinite
duration, freely transferable, and inheritable.
Financial Statement - A statement detailing all
personal assets, liabilities, and net worth (the
difference between assets and liabilities) as of a
specific date.
Aspen/Pitkin County Housing Guidelines AMENDED O'f/03 Page 45 of 54
Fixture - 1) A tangible thing which previously
was personal property and which has been
attached to or installed on land or a structure
thereon in such a way as to become a part of the
real property; 2) Any non-portable lighting device
built in or attached securely to the structure; 3)
The permanent parts of a plumbing system and
fixtures.
Gross Assets - Anything which has tangible or
intangible value, including property of all kinds,
both real and personal; includes among other
things, patents and causes of actiOn which belong
to any person, as well as any stock in a
corporation and any interest in the estate of a
decedent; also, the entire property of a person,
association, corporation, or estate that is
applicable or subject to the payment of debts.
Gross assets shall include funds or property held
in a living trust or any similar entity °r interest,
where the person has management fights or the
ability to apply the assets to the Payment of debts.
Gross assets shall not include, pension plans
Gross Income - The total income to include
alimony and child support derived from a
business, trust, employment and from income-
producing . property, before deductions for
expenses, depreciation, taxes, and similar
allowances.
Household - All individuals who will be
occupying the unit regardless of legal stares.
Household Net Assets - Combined net assets of
all individuals who will be occupying the unit
regardless of legal status.
Household Income - Combined gross income of
all individuals who will be Occupying the unit
regardless of legal status. Adjustments to the
-gross for business expenses can be made for
persons who are self-employed.
In-Complex (In House) Bid - Priority bid
granted to person(s) having lived in their unit in a
given complex for a minimm of one year. If a
new project is built in phases, the in-complex
priority does not go into effect until all affordable
housing phasing of the project is completed.
Joint Tenancy - Ownership of real estate
between two or more parties who have been
named in one conveyance as joint tenants. Upon
the death of one tenant, surviving joint tenant(s)
have the right of survivorship.
Kitchen - For Accessory Dwelling Units and
Caretaker Dwelling Units, a minimum of a two-
burner stove with oven, standard sink, and a
minimum 6-cubic foot refrigerator plus freezer.
Leasehold Interest - A less than fee simple
estate that a tenant Possesses in real property.
Lottery - A drawing to select a winner from
equal applicants of highest Priority.
Maximum Bid Price - Unless otherwise defined
in the Deed Restricti°n covering the unit, the
owner's purchase price multiplied by the
appreciation (as permitted by the Deed
Restriction) plus the present value of capital
improvement costs including labor, if profes-
sionally provided, and for which verification of
the expenditure is provided.
Minimum Occupancy - One person (with a
leasehold/ownership interest) per bedroom. A
minor child or dependent shall be granted equal
status as a person with leasehold/ownership
interest. In a two adult household, both adults
must be working in Pitldn County in order to
qualify for an additional bedroom.
Morteagee - A lender in a mortgage loan
transaction.
Mortta~or - A borrower in a mortgage loan
transaction.
Net Assets Gross assets minus liabilities.
Retirement accounts will be reviewed on a case-
by-case basis to determine whether or not they
shall be included as a net asset.
AspenlPitkin County Housing Guidelines AMENDED 01/03 Page 46 of 54
Net Livable Square Footage - Is calculated on
interior living area and is measured interior wall
to interior wall, including all interior partitions.
Also included, but not limited to, habitable
basements and interior storage areas, closets and
laundry area. Exclusions include, but are not
limited to, uninhabitable basements, mechanical
areas, exterior storage, stairwells, garages (either
attached or detached), patios, decks and porches.
On-Site / Off-Site - Location of deed restricted
property used for mitigation purposes: either next
to or attached to the development (on-site) or at a
separate location approved by the Housing Office
(off-site).
Prequalification - A borrower's tentative
mortgage approval fi.om a lender.
Present Value - For the purposes of these
Guidelines and any Deed Restrictions containing
such terms, the present value shall be the cost or
price of any capital improvements as established
at the time of such improvement and shall be
neither-appreciated nor depreciated from such
time.
Primary Residence - The sole and exclusive
place of residence. The owner or rentex shall be
deemed to have ceased to use the unit as his/her
sole and exclusive place of residence by
accepting permanent employment outside of
Pitkin county, or residing in the unit fewer than
nine (9) months out of any twelve (12)
consecutive months.
Purchaser - A person who is buying or has
purchased a deed restricted unit which is subject
to these Guidelines, and any qualifying potential
purchaser or past owner of any such deed
restricted unit, but only with respect to any issue
arising under these Guidelines.
Qualified Resident - Person(s) meeting the
income, asset, employment, and residency
requirements and property ownership limitations,
including retired and disabled persons, or
dependent(s) of any of these (as such terms are
defined herein) established by the APCHA.
.Requalification - Requirements which renters/
tenants and owners of affordable housing must
meet bi-annually to ensure continued eligibility.
Resale Agreement - A contract entered into
between the Homing Office and the owner or
purchaser of real property identifying the
conditions of occupancy and resale (also
commonly referred to as a Deed Restriction).
Retirement Age - Should an owner or tenant of a
deed-restricted unit retire before the age of 65,
that individual must sell the ownership or move
from the deed restricted rental unit. Such
individual may go through Special Review to ask
for a waiver to maintain ownership/occupancy of
his/her unit.
Roaring Fork River Drainage/Roaring Fork
Valley - The Roaring Fork River Drainage
and/or Roaring Fork Valley, as used herein,
includes the Roaring Fork River Valley and the
valleys with tributary streams or rivers, including
the Frying Pan River, the Crystal River,
Snowmass Creek, Capital Creek, Maroon Creek
and Castle Creek.
Seasonal Employee - A person working not less
than 35 hours per week during the Winter Season
(generally November through April) and/or
Summer Season (generally June through AugusO.
Special Review Committee - A Special Review
Committee, as established from time to time by
the Housing Office, is composed of three or more
Persons -- one person from City staff, one person
from County staff, and a Housing Board member.
The Committee shall have the authority to review
special circumstances with respect to matters
specifically designated in the Guidelines that are
eligible for special review, including, but not
necessarily limited to, the priority system;
financial and asset limitations; verifications and
qualifications; self-employment financial
considerations; occupancy; admission; etc.
Aspen/Pitkin County Housing Guidelines AMENDED 0'1/03 Page 47 of 54
Storage Space - Space intended and commonly
utilized as lOcati°n for preservation or later use or
disposal of items.
Tenancy In Common - Co-ownership in which
individual holds an undivided interest in real
property as if he were sole owner.
Tenant - A person who is leasing or has leased a
deed restricted unit which is subject to these
Guidelines, and any qualifying potential lessee or
past lessee of any such deed restricted unit, but
only with respect to any issue arising under these
Guidelines.
Aspen/Pitkin County Housing Guidelines AMENDED 0'!/03 Page 48 of 54
APPENDIX A
MAXIMUM INCOMES B Y CA TEGORY
(January 2003)
Maximum rental incomes are different than maximum sales incomes. Due to the nature of the working
adult in Pitkin County and the wages that are required to maintain a consistent employee base, the APCHA
and Housing Board have recognized the need for a higher allowable income adjusted by the number of
adults and the bedroom mix. Maximum sales incomes are not attributed to the number of bedrooms, but
will remain the same per household, with an adjustment to dependents only.
However, should a household's net assets exceed $900,000, that household will be ineligible for deed-
restricted housing.
Maximum Incomes for RENTAL Units Only
(See Income Verification, Part I1, Section 2, No. 1)
No. Of Adults Category 1 Category 2 Category 3 Category 4
One Adult $27,400 $43,500 $70,700 $113,900
Two Adults 41,100 65,300 106,000 170,900
Three Adults 48,000 76,200 123,600 199,300
Net Assets not in Excess of 100,000 125,000 150,000 175,000
Maximum Incomes for SALES/OWNERSHIP Units Only
(See Income Verification, Part III, Section 2, No. 1)
No. of Dependents Category I Category 2 Category" 3 Category 4
0 Dependents $27,400 $43,500 $70,700 $113,900
1 Dependent 34,900 51,000 78,200 121,400
2 Dependents 42,400 58,500 85,700 128,900
3 or More Dependents 49,900 66,000 93,200 136,400
Net Assets Not in Excess of 100,000 125,000 150,000 175,000
Maximum Incomes for SALES/OWNERSHIP Units Only
(See Income Verification, Part III, SectiOn 2, No. 1)
No. of Dependents Category 5 Category 6 Category 7 Category RO
0 Dependents $122,600 $134,800 $147,100 N/A
1 Dependent 130,100 142,300 154,600 N/A
2 Dependents 137,600 149,800 162,100 N/A
3 or More Dependents 145,100 157,300 169,600 N/A
Net Assets Not in Excess of 200,000 225,000 250,000 $900,000
Aspen/Pitkin County Housing Guidelines AMENDED 0'1/03 Page 49 of 54
APPENDIX B
CHAR T 0 F PRINCIPAL 0 WNE RSHIP PR 0 JE C TS
NUMBER OF UNITS MAXIMUM REQUIRED
PROJECT NAME AND TYPE OF UNITS INCOME CATEGORY RESIDENCY
1000 East Hopkins 3 2-Bedroom Units Category 4 Per Guidelines
AABC Park Place 16 Condos - 1, 2, & 3 Bedrooms Category 1, 3 & RO Per Guidelines
AABC Rowhouses 12 Townhomes No Income Guidelines See Covenants
Alpine Cottages 10 Townhomes Cfitegory 4 and RO Per Guidelines
Aspen Village S/D 150 Units Resident Occupied Per Guidelines
Aspen West 1 2-Bedroom Category 1 Per Guidelines
Benedict Commons 27 Studios & 1-Bedrooms Category 2, 3 and 4 Per Guidelines
Billings Place 7 Townhomes Category 2, 3 and 4 Per Guidelines
Castle Crk Valley Ranch 4 Single-Family Homes Category 4 Per Guidelines
Centennial 92 Condominiums Category 4 Per Guidelines
C.ommon Ground 21 Town_homes (land lease), Category 2 and 3 Per Guidelines
Curton Condos 1 3-Bedroom Categow 4 Per Guidelines
EaSt Cooper Court 2 Single-Family Homes Category 3 & RO Per Guidelines
East Hopkins 4 Townhomes Category 4 Per Guidelines
East Owl Creek 4 Single-Family Homes Category 4 Per Guidelines
Fairway Three 30 Townhomes Category 4 Per Guidelines
Five Trees 31 Single-Family Homes Category 3 and 4 Per Guidelines
Highland Villas 16 Condominiums Category 4 Per Guidelines
Highlands Village 67 Units Category 1, 2, 3, 4 Per Guidelines
Hopkins Roan 2 Units - 1-Bedroom; 2-Bedroom Category 3 and 4 Per Guidelines
Hunter Creek 77 Condominiums Category 4 Per Guidelines
Juan Street 2 Duplexes; 2 SFH Category 4 Per Guidelines
Lacet (East Cooper) 14 Townhomes/SFH Category 3, 4 and RO Per Guidelines
Lazy Glen 100 Mobile Homes/Own Land Resident Occupied Per Guidelines
Aspen/Pitkin County Housing Guidelines
AMENDED 01/03 Page 50 of 54