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Home My WebLink Aboutordinance.council.010-06 Ordinance No.--1fl (Series of 2006) AN ORDINANCE ADOPTING THE ASPEN/PITKIN COUNTY EMPLOYEE HOUSING GUIDELINES AMENDED AND APPROVED MARCH 2006 FOR PITKIN COUNTY AND THE CITY OF ASPEN RECOMMENDED BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY WHEREAS, pursuant to the Municipal Code of the City of Aspen, as amended, the housing income, eligibility guidelines and housing price guidelines are established by the City Council; and WHEREAS, pursuant to prior resolutions and ordinances of the City, the City Council established employee housing income eligibility guidelines and housing price guidelines for prior years; and WHEREAS, the Employee Housing Guidelines Amended and Approved March 2006 for Pitkin County and the City of Aspen (hereinafter "Guidelines") has been recommended by the Board of Directors of the Aspen/Pitkin County Housing Authority, a copy of which is annexed hereto and incorporated herein, has been submitted to City Council which Guidelines set forth the employee housing qualification guidelines for Category 1 through 7 and RO ownership, rental housing projects, lodge and commercial development, and development of residential housing units; and WHEREAS, the City Council desires to adopt said Guidelines, and by virtue of the enactment of this Ordinance to supersede and amend all prior resolutions and ordinances of the City pertaining to housing guidelines, but only to the extent inconsistent with the provisions of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Ordinance No. ~-2006 Section 1 That the City Council of the City of Aspen hereby adopts the Employee Housing Guidelines Amended and Approved March 2006 for Pitkin County and the City of Aspen, as recommended by the Board of Directors of the AspenlPitkin County Housing Authority, a cop of which is annexed hereto and incorporated herein. Section 2 That the regulations and Guidelines set forth and adopted herein shall supersede, to the extent inconsistent with the provisions of this Ordinance, all prior resolutions and ordinances of the City of Aspen; provided further that the provisions of resolutions and ordinance pertaining to employee housing guidelines shall remain in full force and effect to the extent not inconsistent with the regulations and guidelines adopted herein. Section 3 If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4 Nothing in this Ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this Ordinance, and the same shall be continued and concluded under such prior ordinances. Section 5 A public hearing on the Ordinance shall be held on the 10lh date of April 2006, in the City Council Chambers, City Hall, Aspen, Colorado. . INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the ~";f day of March 2006. ATTEST: Ordinance No. lO -2006 2 FINALLY adopted, passed and approved this /0 day of April 2006. ATTEST: ~i(uc Ordinance No. ~-2006 J I I ASPEN/PITKIN COUNTY I I I EMPLOYEE HOUSING GUIDELINES I I I ti' I 'lo., I - I I I I I ,. ,.. '\- I I I I \, Stillwater 2005 AMENDED AND APPROVED March 2006 for Pitkin County/City of Aspen Aspen/Pitkin County Housing Authority 530 East Main, Lower Levet Aspen, Cotorado 816lJ 970-920-5050/970-920-5580 Fax w>>'w. a:menlwusinf!office.com . . , I I , I HOUSING AUTHORITY BOARD l Sheri Sanzone - Chairperson/City Appointee Marcia Goshorn - Vice Chairperson/County Appointee Ron Erickson - City Appointee Kristin Sabel- County Appointee Dan Lauer - Treasurer/Joint Alternate Wish to thank: THE ASPEN CITY COUNCIL Mayor Helen Klanderud Rachel Richards - Councilperson Torre - Councilperson Jack Johnson - Councilperson Je DeVilbiss - Councilperson And THE BOARD OF COUNTY COMMISSIONERS Mick Ireland - Chairperson Dorothea Farris - Commissioner Patti Clapper - Commissioner Jack Hatfield - Commissioner Michael Owsley - Commissioner for their continued support. TABLE OF CONTENTS I I I I I I Pal!C i TABLE OF CONTENTS............................................................................................"'............................................................ CREA nON ................................................................................................................................................."'............................. . PURPOSE.................................................................................................................................................................................... HOUSING BOARD POLICY STATEMENT ........................................................................................"'............................. . PART I. E~IPLOYEE HOUSING CATEGORIES SECTION I. Category Incomes........................................................................................................... .......................... SECTION 2. Resident Occupied Units .......................................................................................................................... I I . PART II. RENTING EMPLOYEE HOUSING SECTION I. Qualifications to Rent Employee Housing ............................................................................................... SECfION 2. Initial Qualification to Rent ......................................................................................................... ............ SECTION 3. Maintaining Eligibility for Rental of Employee Housing ........................................................................ SECTION 4. Management of Rental Units .................................................................................................................... SECTION 5. Rental Sign-Up Policy .............................................................................................................................. SECTION 6. Seasonal Housing.............................................................................................. ....................................... I I I I I I I PART III. PURCHASING EMPLOYEE HOUSING SECTION 1. Qualifications to Purchase Employee Housing........................................................................".............. SECTION 2. Initial Qualification to Purchase .............................................................................................................. SECTION 3. Qualifications for Purcha.-';:.e of Residcnt Occupied Units......................................................................... SECTION 4. Maintaining Eligibility for Ownersbip of Employee Housing ................................................................. SECTION 6. Priorities for Persons Bidding to Purchase an Employee Housing Unit.................................................. I I I I I I PART IV. LOTTERY PROCESS ..................................................................................................................... PART V. PROCEDURES FOR THE SALE OF A CATEGORY EMPLOYEE HOUSING UNIT SECTION I. Listing a Unit with the Housing Office..................................................................................................... SECTION 2. Advertising the Sale: Bid Periods ........................................................................................................... SECTION 3. Fees for Listing and Sales......................................................................................................................... SECTION 4. Deed Restriction................................................................................................ ........................................ SECTION 5. Co-Ownership and Co-Signature.............................................................................................................. SECTION 6. Sale or Resale of Resident Occupied Units.............................................................................................. SECTION 7. Sale of Single Family Lots ....................................................................................................................... SECTION 8. Leave of Absence for Owners of Employee Housing Units..................................................................... SECTION 9. Roommates in Sales Units ............. ..... ... ... ...................... .......................................... .... ............................ SECTION 10. Capitallmprov<'l11enl Policy & Minimum Standards............................................................................... PART VI. SPECIAL REVIEW .................................................................................................................................. PART VII. INFORMATION FOR DEVELOPMENT OF EMPLOYEE HOUSING SECTION I. Priorities for the Employee Housing Units ............................................................. ................................ SECTION 2. Employee Housing Units Required for Mitigation ................................................................................. SECTION 3. Requirements for Employee Housing Units in Residential Subdivisions................................................ SECTION 4. Requirements for AH Units under the Multi-Family Housing Replacement Program............................ SECTION 5. Requirements for the Affordable Housing Zone District ........................................................................ SECTION 6. Dedication Fee for Exempt Single-Family Home and Duplex Units ...................................................... 2 3 5 7 7 9 II 14 14 15 16 18 20 22 25 31 32 33 33 34 34 35 35 36 37 38 42 43 44 46 47 48 I 51 I . I I I .~ . TABLE OF CONTENTS (continued) SECTION 7. SECTION 8. SECTION 9. SECTION 10. SECTION 11. SECTION 12, SECTION 13. SECTION 14. SECTION 15. SECTION 16. Resident Occupied Units .................................... . ....................................~.................................. Net Minimum Livable Square Footage for Newly Deed Restricted AH Units ................................... Maximum Sales Prices for Newly Deed Restricted AH Units & Lots.............................."..................... Maximum Monthly Rental Rates for Ncwly Deed Restricted AH Units"....................................."........ Requirements for Donnitory/Lodgc (Seasonal Units)...................... ....................... .... ... ....... .,................. Employee Housing Dedication Fcc (Payment-in-Lieu Fee) .....................,.............................................. Conveyance of Vacant Lots ..................... .. ............................................................. ... ... ...... .................. Deed Restricting Existing Dwelling Units ..................... ......................................................................... Execution of Deed Restrictions by Applicants............................. .................... ....... ... ..... ......................... Maximum Vacancy............................................ ............ .... .............. .................................. ..... ............ Pa2C 51 52 54 55 56 57 58 59 60 61 PART VIII. MAXlMUM ANNUAL RENT INCREASE FOR EXISnNG RENTAL UNITS.................................... 62 PART IX. GRlEV ANCE PROCEDURES........................................................................................................ 63 I 1 PART X. PART XI. I II III IV V VI DEFINITIONS.... ................................................................................. APPENDIX A. Maximum Household Incomes and Assl,..'1:S per Category................................................................... B. Chart of Principal Ownership Projccts ..................................................................................................... C. Chart of Principal Rental Projects and Requircml,..'11ts.............................................................................. D. Listing of Principal Rental Projects and ProPl,..-rty Managl,..>fS ................................................................... TABLES Maximum Incomes by Category ............ ... ....... ............... ,. .......................... ............................................. Minimum Net Livable Sq. Ft. for Each Unit Type and Income Category .............................. Maximum Unit Salcs Prices......................... ........... ... .... ... .... ................ ................................................... Maximum Monthly Rent ............... .... ............................................ ....................... ............. ...................... Occupancy Standards by Unit Type .................... ....................... ................................................... Permitted Increase in Maximum Rents for Existing Employee Housing Unit".... .................................. 64 70 71 74 77 6 53 54 55 58 62 CREA TION . The Housing program was created in 1974. There were two separate entities at that time- the City and County. In 1981/1982, a citizen panel was formed and combined both entities into one City and County entity, creating the Aspen/Pitkin County Housing Office. The entity became the Aspen/Pitkin County Housing Authority in November of 1988 so that the entity could do the following: . incur debt . borrow money · secure mortgages · obtain grants, gifts or otherwise · obtain fimds for implementing, completing and operating housing projects · condemnation I There were two new legislations that passed in 2001 relating to Housing Authorities __ House Bill 1172 and House Bill 1174, Both Bills expanded the duties of Housing Authorities. The City of Aspen, Pitkin County and the Community support the Aspen/Pitkin County Housing Authority. There are two main funding sources for the housing program __ a Real Estate Transfer Tax (RET7) and a portion of a sales tax. The RETT is a 1% transfer tax on the sales price of all real estate sold within the City of Aspen only and does not apply to the first $100,000 of each sale. The RETT alone raises over $3 million per year for the employee housing program and was extended for a third time in 2001 for an additional 20 years -- December 31, 2024, I I I The Authority was established for the purpose of effecting the planning, financing. acquisition, construction, reconstruction or repair, maintenance, management and operation of housing projects pursuant to a multi-jurisdictional plan to provide residential facilities and dwelling accommodations at rental or sale prices within the means of persons of low, moderate and middle income who are permanent residents and persons employed in the City and County. Housing authorities are created by Section 29-1-204.5, Colo. Revised Statutes, The Housing Board consists of a five-member (with an additional alternate) Board of Directors that help to make policy. Until November of 1992, the Authority dealt with three separate accounting firms, Currently, all money transactions are handled through the City of Aspen with support by Pitkin County. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 1 of 72 I I I r PURPOSE "To assure the existence of a supply of desirable housing for persons currently employed in Pitkin County, persons who were employed in Pitkin County prior to retirement, the tfisalJledhandicaooed. and other qualified persons of Pitkin County as defined herein. " _ Aspen/Pitkin County Housing Authority's Goal- (Originally Adopted 1983) Each year the Aspen/Pitkin County Housing Authority (hereinafter the Housing Office) establishes Guidelines that govem the developrnent of, adrnission to and occupancy of deed restricted employee-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 Employee 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 employee rental rates . Establish employee sales prices . Establish criteria for qualifications and occupancy . Develop and prioritize current and long range housing programs . Provide information and a process for developing employee 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, I I These Employee 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 Employee Housing Guidelines AMENDED 01/06 Page 2 of 72 I l HOUSING BOARD POLICY STATEMENTS I I I The purpose of this section is to assist the staff, development community and public in understanding Ihe 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, EMPLOYEE HOUSING As the puroose states on page 2. the existence of the housing program is to provide housing opportunities for persons who are or have been actively employed or self-employed in Pitkin County and Aspen. and which provide goods and services to individuals. businesses or institutional operations in Pitkin County. All deed-restricIed housing. of anv type or Category. requires an individual to: I I I I I I I . Work full-time in Pitkin County (due to the nature of the seasonality of the town. full-time is defined as working 1500 hours per calendar vear); and . Not own any other developed propertY within the Roarinl! Fork drainal!e system. There are other specific criteria for the CaIegOry units and for the RO units. and these are spelled out within this document. Most relaIe to maximum household income and maximurn assets for the specific category unit and/or the specific RO unit. Mitigating Employee Housing Impacts The Housing Board has prioritized the following options in order of preference depending on the site location: I. 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 Ihe development. 2, Off-Site Housing - that the location of a deed restricted property used for construction or redevelopment of a property for rnitigation purposes be at a separate location approved by the Housing Office, 3. Cash-In-Lieu or Land-in-Lieu - Ihat the applicant for a development may, under certain conditions and subject to certain requirements, satisfy the mitigation requirement by payment of an employee 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 Employee Housing The Housing Board has prioritized the following options in order of prefe~ence regarding the types of units to construct: Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 3 of 72 The private sector priorities for development should be as follows: I, For-sale type units whereby the average sales price is no higher than Category 3 and the units consist of one-bedroom and two-bedroom units, with associated RO units 2, Family-oriented sales units (Categories 3 and 4) The public sector priorities for development should be as follows: I, Entry-level rental units consisting of I-bedroom Categories I and 2 2. For-s~le units consisting of Categories 2 and 3 I-bedroom and 2-bedroorns 3. Family-oriented sales units consisting of Categories 3 and 4 I Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 4 of 72 PART l EMPLOYEE HOUSING CATEGORIES 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 provided to ernployees and families oflow (Category I), moderate (Categories 2 and 3) middle (Category 4) and upper middle (Categories 5, 6, 7 and RO) income levels as related to housing costs in Aspen and Pitkin County. In order to carry out this objective, employee-housing units are categorized to reflect which incorne levels they are to service as set forth in Sections I and 2 below. I SECTION 1 CATEGORY INCOMES I 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 redefmed the Ierms and established four income categories in an effort to create a greater variety of units to serve the community's income levels., along with Resident Occupied (RO). The four income categories were equated to the past income categories and adjusted annually using the Consumer Price Index (CPI). In 2003, Categories 5, 6 and 7 were added, I Current income amounts were derived from 1999 data collected by the APCHA including: 1999 Housing Survey of Pitkin County Ernployees; 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, and increased by 3% or the Consurner Price Index (as defined in the Definition section). The survey of Pitkin County employees determined that the median household income for households with zero and one dependent was $60,000. I . Category 1 low-income level Category 3 upper moderate-income level Category 5, 6, 7 and RO upper middle income level Category 2 lower moderate-income level Category 4 middle-income level The maximum f,'fOSS household income (defined in the Definitions) for each income category is set forth in Table!. 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 Catcgory 5, 6 and 7 units the first Dhase of Burlinl!:ame Ranch, 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. THIS METHODOLOGY ONLY ALLOWS FOR A HOUSEHOLD TO MOVE INTO CATEGORY 4 ONLY. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 5 of 72 TABLE I MAXIMUM INCOMES BY CATEGORY Maximum rental incomes are different than maximurn 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 BJard have recognized the need for a higher allowable incorne adjusted by the number of adults and the bedroom mix, Maxirnurn sales incomes are not attributed to the number of bedrooms, but will remain the same per household, with an adjustment to dependents only. No. Of Adults Maximum Incomes for RENTAL Units Only (See Income Verification, Part II, Section 2, No. I) Cate 0 1 Cate 0 2 Cate 0 3 One Adult Two Adults Three Adults Net Assets not in Excess of $30,000 44,000 52,000 100,000 $47,000 70,000 82,000 125,000 $76,000 114,000 133,000 150,000 Maximum Incomes for SALES/OWNERSHIP Units Only (See Income Verification, Part III, Section 2, No. I) Cate 0 I Cate 0 2 Cate 0 3 $30,000 $47,000 $76,000 37,500 54,500 83,500 45,000 62,000 91,000 52,500 69,500 98,500 100,000 125,000 150,000 No. Of De endents o Dependents I Dependent 2 Dependents 3 or More Dependents Net Assets Not in Excess of Cate 0 4 S123,000 184,000 214,000 175,000 Cate 0 4 $123,000 130,500 138,000 145,500 175,000 Maximum Incomes for SALES/OWNERSHIP Units Only (See Income Verification, Part III, Section 2, No. I) No. of Dependents Category 5 Category 6 Category 7 Category RO o Dependents $132,000 $145,000 $159,000 N/A I Dependent 139,500 152,500 166,500 N/A 2 Dependents 147,000 160,000 174,000 N/A 3 or More Dependents 154,500 167,500 181,500 N/A Net Assets Not in Excess of 200,000 225,000 250,000 $900,000 , I NOTE: A household can qualify to purchase a unit in a higher category, I Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 6 of 72 SECTION 2 RESIDENT OCCUPIED UNITS . I In addition to the income categories for employee housing units set forth in Table I above, employee housing units may also be designated "Resident Occupied" (RO) units. Persons shall occupy RO units who qualify as stated in Part III, Section I and 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 V, Section 6, Sale or Resale of Resident Occupied Units; and Part VII, Section 7, Resident Occupied Units, PART II. RENTING EMPLOYEE HOUSING SECTION 1 QUALIFICATIONS TO RENT EMPLOYEE HOUSING To qualify, be eligible, and remain eligible to rent and reside in a long-Ierm employee-housing unit (Category I, 2, 3, 4, 5, 6, 7, RO, or long-term at Marolt & Truscott), a person/household must meet the following criteria and must not be over the maximum income and net assets as stipulated in the table below: No, Of Adults Maximum Incomes for RENTAL Units Only (See Income Verification, Part II, Section 2, No.1) Cate 0 I Cate 0 2 Cate 0 3 Cate 0 4 I One Adult Two Adults Three Adults Net Assets not in Excess of $30,000 44,000 52,000 100,000 $47,000 70,000 82,000 125,000 $76,000 114,000 133,000 150,000 $123,000 184,000 214,000 175,000 1. Be a full-lime employee working in Pitkin County for an ernployer whose business address is 10caIed within Aspen or Pitkin County, whose business employs employees within Pitkin County, whose business license is in Aspen or Pitkin County, and/or the 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 physically work in Pitkin County a rninimurn of 1500 hours per calendar year for individuals, businesses or institutional operations located 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 his or her retirement (as further defined in the Defmition section); or a E1isablellhandicaooed person residing in Pitkin County who has been a full-tirne employee for a Pitkin County ernployer a rninimum of lWefour years immediately prior 10 their disability as defined in these Guidelines; or in the event of the qualified employee's death, the spouse of any such ernployee, reIired person, or E1isablellhandicaooed person; and/or a dependent living with that qualified ernployee, retired person or E1iaaelellhandicaooed 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 qualify for an additional bedroom. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 7 of 72 2, Upon rental of the unit, ernployee(s) shall occupy the unit as the primary residence. 3. The tenant rnust not own developed residential real estate or a mobile home in those portions of Eagle, Garfield, Gunnison or Pitkin Counties, which are part of the Roaring Fork River drainage. 4. If vacant land is owned in the portions of these counties, which are part of the Roaring Fork River drainage, while leasing an ernployee-housing unit, the land rnust rernain unimproved, If the land is improved with a residence, the individual must then relinquish the employee-housing unit by vacating the rental unit. Uoon approval of a building oermit. such owner shall have three-vears to build on such free-market lot. If the residential lot (whether free-market or deed-restricted) remains undeveloped after the three-vear time frame. the owner must sell the lot within 180 davs or list the deed-restricted unit according to their deed-restriction. NOTE: Persons own;n!! imoroved residential DTOOern'. re.ddinf! in emolol'ee housiml orior to Mar 1. 1994. will be allowed to retain ownershio of that residential orooertv and still be elifrible to reside in emolovee housinfl. However. once the residential orooertv is so/d. the verson residinfl in emo[ovee housinf! mal' not acauire additional residential arODt-ril' and remain elil!ible to reside in emolovee housinf!. 5, The tenant must have total current household income and assets no greater than the maximum amount specified for the particular Category I, 2, 3, 4, 5, 6, 7 or RO unit. Any renter who has assigned, conveyed, transferred or otherwise disposed of property within the last two years without fair consideration in order to rneet 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. 6. If the Tenant's residency began prior to ownership by the City, County or Housing Office as a result of a "Buy down" situation, and the Tenant's residency has been continuous since that time, the Tenant must qualify only as a full-time ernployee. The Tenant does not have to qualify under the Income or Asset provisions. The Tenant will be required to pay rent commensurate with his or her household income regardless of the price category of the unit. 7, 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, 8. Emergeaey '^,er~Eers reeeive prieRt)' fer reatal units. They must yerify their eeRtiHHea seF.lee (see DefmitieBs), tEl that ageBey fer tHeir lease ta se reHe',':ea. This requifemeat enf)ires after t,,:e years af resiaeRey,'seniee. See Part II. SeetisR R. Emergeney ~'erller, t8 see if yotl are eli;ible fur aft elfiergeaey wer-l(er prierit)' aaa the preeess that aeea5 te Be fellewea.An emergencY worker mav be placed on the top of the rental sign-up list if approved as a Qualified Emergencv Worker through the Public SafelY Council Committee review and as defined under the Definitions section herein. The individual's supervisor must reQuest the prioritv. in writing. to the Public Safetv Council Housing Subcommittee. This Subcommittee will consist of members from anv emergency worker deoartment. and a member of the Public Relations Board (PRB), It is the responsibility of the supervisor to prove to the Public Safetv Council that the emplovee is a reQuired resoonse prioritv. The member of the PRB will not vote. but will comment on whether the individual should be I I Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 8 of 72 I I I I I I allowed the orioritv, If the Public Safetv Council Housing Subcommittee aooroves the individual for orioritv status. written verification must be orovided to the Housing Office, At such time. the Housing Office will olace the individual at the too of the rental sil!Il-uo list for Citv-owned oroiects, Thev must verify their continued service (see Definitions) to that agencv for their lease to be renewed. This requirement exoires after two vears of residencv/service. 9. Roommates are oermitted 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 vacancv. the remaining tenant(s) is/are resoonsible to find a new roommate within fortv-five (45 days), All residents must be qualified through the Housing Office orior to occuoancv. 10. The Minimum Occuoancv Requirement of one qualified individual oer bedroom must be met; however. if the orooertv manager of a rental unit has advertised a vacant unit for over one month. minimum occuoancv requirernents can be waived. At such time the rental unit becomes vacant. the orooertv manager must again try and meet the minimum occuoancv requirement. The Housing Office mav do random audits and investigate comolaints or rCDorts of non-comoliance on an ongoing basis. I I I I I II. All qualification items stated above are verified every two vears bv the Housing Office staff unless the orooertv has a vearlv requirement. SECTION 2 INITIAL QUALIFICATION TO RENT In order to determine that a person or household desiring to rent an employee 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, ernployrnent, 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: a, Copy of the previous year's (must current) Federal Income Tax return, b. Current income and financial statement verified by the applicant to be true and correct. If there is a variance of more than or less than 20% beIween current income and income reported on the previous year's tax returns, the incornes will be averaged. This will establish the income category. e,'^"Pfllieaflts may, HflSH re€I1:iest, ha~;e the 8fJtioR t8 ha~:e their grass iReofBe avera,;ea e'o'er a tHree year J3erieEl fer '1l<alifieatiell. &.c. 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, Ernolovrnent Verification: Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page g of 72 a, All W -2 forms from the current or previous year (a potential tenant who has signed up on for a specific unit must provide documentation of employment for the full term that was specified on the Sign-Up sheet), b. Wage stubs (ifW-2's are not available). c, Ernployer(s) name, address, telephone and dates of employment. d, Housing Office "Ernployment Verification Form" [signed by employer(s)], e, Evidence oflegal residency. f. Landlord verification of residency, stating specific dates, g, Valid Colorado Driver License, h. Valid Pitkin County Voter Registration, 1. Verification of telephone service in Pitkin County. J, Divorce Decree or Separation Agreement, including alimony and child support, A copy must indicate that it has been entered in the record with all exhibits and supplernents attached, k. A picture J.D. (driver's license. state issued ill card. passport. etc.) is required, If the above information is not available, the applicant must provide other documentation as requested by the Housing Office. 3. When someone is self-ernployed and works too few or no hours for an employer, then the number of hours worked in Pitkin County must be clearly documented by providing: a, A complete copy of the applicant's most recent tax returns, including Federal tax returns, Schedule C (profit and loss statement) and all other completed schedules. and State tax returns and copies of most recent W2's and or 1099's for each job (if applicant received W2's and/or 1099's), b. Copies of any paycheck stubs received by the employee or an up-to-date profit and loss statement. c. A copy of a current business license. d. The following documentation must be provided if a, band c above does not verifY the employment requirement and the residency requirement. 1) A copy of a current detailed work log or appointment book for the last year (or at least the last quarter) listing hours worked each day for each job or appointrnent and clients' names and local addresses, Time spent in rnarketing, accounting and other administrative tasks in support of the business will also count towards the 1,500 hours per year employment requirement if the applicant can clearly demonstrate to the Housing Office that this is the case, 2) Copies of invoices sent to clients, particularly if the invoices reflect the amount of tirne spent on the job invoiced (and copies of payment for invoiced work); 3) A Client List, which would provide client names with local telephone numbers and local addresses, type of work done, and approximate tirne spent with client per appointments in a year. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 10 of 72 I 4) Any additional documentation the Housing Office may require to veritY the applicant is employed in Pitkin County and occupying the unit as their primary residence, such as business and personal banking records, utility bills, payments received, etc. I It is the responsibility of the applicant to clearly demonstrate that he/she is meeting the full-tirne employment and residency criteria. If the household does not specifically fall under the current policy, the household may request a Hearing before the Housing Board for review. Due to the need for an employer to house their employees on-site, for rental units owned by employers, if the deed-resIricted housing is located on-site of the business, the employer rnay 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, All other qualifications must be adhered to. Note: Applicants for Employee 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 REQU!.LIFlC!.TIONMAINT AINING ELIGIBILITY FOR RENTAL OF EMPLOYEE HOUSING The status of Renters/Tenants of Employee Housing Units shall be reviewed and verified every two years to ensure that they continue to rneet the requirernents of the Guidelines, including but not lirnited to: Minimum Occupancy, Income and Asset Requirements, and Employment. The Housing Office shall notifv the Landlord to provide the Tenant written notice of the requalification at least thirtv (30) davs prior to the expiration of the two vears. The Housing Office Rental Approval form should accompanv this notice. The Landlord shall disclose in the lease that the tenants must requalifv every two vears, I I I Housing Office Responsibilities: I. The Ilclisiag Office shall eaaeB'o'er te eBlise the Laaalenl te jlreviae Ihe TeaBat '",rittee actiee ef the re'lHiremeat fcr re'llialifieatica at leaat thirty (30) aays jlrier te the e"jliratiea ef the twc yeat'!r.If a complaint is received. it is forwarded to the Oualification Specialist. who researches the complaint. If staff finds grounds to move forward. the first compliance letter will be mailed within 30 calendar davs of receipt of the complaint, The bi-annual requalification request will be treated as a compliance letter. 2. The IleHsiag Office will jlr-e'o'iae tc the TeaBet B cejl)' sf the ReatBI .^.jljlfOvBI fCFIB .....ith iastrueticas.If the client does not respond within two weeks to the initial compliance letter. a second compliance letter will be sent. The first and second cornpliance letters will be sent bv regular rnail. I 3. If the client does not respond to the second compliance letter within two weeks. and/or if the compliance situation is not fullv resolved within 60 calendar davs from the date of the first letter. a Notice of Violation (NOV) letter will be sent to the landlord. The NOV will provide Ihe I . I I I Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 11 of 72 I landlord an ootion if they wish to disoute the violation bv requesting a Housing Board Grievance Hearing in writing within 15 calendar days from the date of the NOV letter. The NOV letter will be sent bv regular and certified mail. APCHA will also notify the APCHA Board when a NOV letter is sent. For Board uodate OUIUoses. the landlord situation will be referred to bv a case number only. with no mention of client name or address. and will brieflv outline the case, ;A, If the landlord does not resoond or does not request a Board hearing. of the landlord does not request a Board hearing within the soecified deadline. APCHA will send a final letter to the landlord. For ownership units. the final letter will state the client has 30 days to list their unit with the Housing Office and that their aooreciation has stoooed. For rental units. the client will be notified their lease will terminate bv a date agreed uoon bv the Housing Office and the Prooertv Manager (end of lease term or the Prooertv Manager may choose to oursue legal eviction). The final letter will be sent bv regular and certified mail. 5, Should a tenant or owner be receiving unernolovment benefits. the tenant or owner rnust still meet the 1500-hour oer calendar year work requirement. Landlord Resoonsibilities: I, The Landlord shall provide disclosure in the lease that tenants must be qualified every Iwo years and must reapply in the second year. 2, The Landlord shall provide the Tenant written notice of the requirement for requalification at least thirty (30) days prior to the 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 Resoonsibilities: 1. Tenant Rentem must meet all of the Initial Qualifications stated previously in Section 1. Should a tenant not meet the income/asset requirements of the category unit. the tenant shall have one year to come into comoliance or find another olace to live. A tenant who has entered into the bidding orocess to ourchase a deed-restriction unit and is looking for other rental oooortunities has one additional vear to reside in the unit. However. the rent shall be increased to the category that matches the tenant's income. 2. Once a tenant receives a letter from the Housing Office. the tenant must provide the comoleted form and/or any additional documentation requested bv the deadline stated in the letter, If-the TeHant aees flot reeei\'e the LaRsIers's astiee Sf the Reatal Ap13reval f1:lrm, the TeRaat mast eentaet the Helising Offiee by lelepRene, 929 5959, er in persee. I I 3. If a tenant wishes to disoute a NOV. the tenant must submit a written request for a Board Grievance Hearing within the deadline stated in the tenant's NOV letter. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 12 of 72 I I , 4. Once a tenant receives a finalleller, the tenant will be notified their lease will terminate bv a date agreed upon between the Housing Office and the designated Properlv Manager. 5, If the client does not respond bv the final deadline. legal counsel will follow-up with appropriate legal action. I ;,(l, The Tenant must pay a ~ Requalification Fee, as stated in the Fee Scheduled adopted on a I ' yearly basis. when the documentation is filed with the Housing Office. . SECTION 1 RENTAL COMPLlJ.NCE 1..'\11 EjllalifieatieR items frem SeelieR 1, I 8, are verified e'..er)' twe years BY the HellsiRg Offiee staff. . 2.ResmmaIes are pefmilled lIluler the GlIiaeliHes, Indiviallals residiRg iR twe er three BeEireem lIHits mll'lt, at all times, have the uRit fillea with qualified teRaAts. IR ease ef a "aeaRe}', Ihe R!maiRiRg teaaflt(s) is/are respeRsible t8 MAd aRe';: F8SRiRiate ";:ithiR [erty five (15) days. .\11 resideflts mll'lt Be qualifiea thrslIgh the IISlISiHg Offiee prier Ie eeellpaRey. 3.The MiRimllm OeellpaRey Re<tuiremeRI ef eRe qllalified iRai'liallal per aearesm must ae met. 1,The lIeusiRg On:iee "'ai' ds raRae", allaits aRa iR"estigate esmplaiRts er rcpsns efRsR esmpliaRee eR aR sRgsiRg aasis. SECTION 5 RENTAL OF I.e.'\' OWNERSHIP UNIT .\ uRit may, lIpeR appreval ef the IISlISiRg Ofliee, ae R!Rtea te a Ejl'aliHea iRaiviaual, iR aeesraanee with the GlIideliRes fsr a maJdmam periea ef tws (2) years. TCffRS aRa CSRaitiaRs: l.Nstiee ef slIeh iRteR! ana the aaility te eemmeet shall Be previdea te aHY appliea13le hemeewller's as'lseiatisR at the time ef reqllest te the IIslIsiRg Ofliee, 2..^.leller mllGt Be GeRt ts the IISlISiRg Ofliee reEjllestiRg peffRissiaR ts Fellt the lIllil. 1,.^. miRimam sill (e) mSRtll wrilleR lease mllst ae prsviaea te Ihe teRMI, with a feny fi'le (15) aay mave ellt elallse, eJ(eept for RSR pFaHt empleyee/faelllty tellants, where a three melllh lease er a mSRth ts meRth lease shall ae allewea. A three meRtll reRtal must ae apprsved as a Lea'le sf .^.aseRee lIllaer Part '.', SeetieR 8. I 1.The HeusiRg Offiee mllst Ejuali~' all teRants, ana sllall waive the iRes me aRa asset FeqlliremeRts fer RSR preHt teRaRts. The teRant must 8e a qllaliHed empls)'se as stiplllatea iR tbeGe GlIiaeliRes, er RSR Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 13 of 72 profit emplo)'ee/faelilt)' member as aeliRed iR IHese GliiaeliRes. The liRit mlist be leased fer tlle tefffis set forth ill the Deea RestrietioR OR the liI1it or, if there are RO slieh provisioRs iR the Deed RestrietiE)fl~ 1:tfl8R teFfRS 8J3flre\'ea13y the IIeHsiag Offiee. 5.Prior to lhe IIO>lsing Offise's EjlialiliefltioR of tHe teRaRt, saia leRaIlt shall aelrnowledge as!'art of tee lease that said teRaIlt has reseived, reaa fllla lIIlderstallas the homeo'l.'llers' assoeiatioR eo..-eRaIlts, Riles ami re;;ulati€lRs fer the HIli! ami seall Beise 8Y them. 'Eafereemeat sf said ea\'eaaats, mles aRa regiilalioRs SHall be the r-eo!,oRsieilit)' of the homeo'NRers' aosoeiatioR. Ii..". eo!')' of the e1leeliled lease shall ee furnishea 13)' the eWRer or teRaat to the lIolisiRg Offiee aad Bemee~."llefs' asseeiatiofl. SECTION 6:! MANAGEMENT OF RENTAL UNITS Private management cornpanies manage most of the rental projects. Each specific cornplex may differ in its rental procedures. Persons desiring to rent an Employee Housing unit must meet employment and income reqnirements as well as minimum occupancy. A list of the rental projects and managers is located in Appendix D. Units managed by the Housing Office are Truscott Place Phase I and Phase II, Smuggler Mountain Apartments, Aspen Country Inn and Marolt Ranch Seasonal Housing, Please contact the Housing Office or individual property managers for specific rental information, If a QuallfleCl tenant of a Cleed-restricteCl rental umt requests Alpine [egal-Services CArS) to resolve a housing disoute. ALS will contact the landlord to initiate a mediation between the landlord and the tenant. If the landlord refuses to oarticioate in the mediation orocess. ALS mav directlv assist the tenant to oursue their legal claim. If the parties are unable to resolve their disoute. ALS will refer the oarties to orivate ~ounsel. or for Qualified tenants. ALS will attemot to olace their case with a oro bono attornev for direct reoresentation: SECTION +~ RENTAL W....ITLlSTSIGN-UP POLICY The Housing Office advertises any vacancies in the classified section of the local newspaper on Mondavs and Tuesdays flRa 'H ednesaays. Any interested party may sign up for that specific unit in the Housing Office. The sign-up for an advertised unit ends at 4:00 p,rn, that following Wednes+ffilfsday, Staff reviews the sign-up list and contacts the household with the most years worked full-time in Pitkin County. The interested applicant must provide proof of their work history in Pitkin County for all the years stated on the sign-up sheet. AspenlPitkin County Employee Housing Guidelines AMENDED 01/06 Page 14 of 72 SECTION 8 E"tERCENCY WORKER . .'&1 emergeney y.-erker may be plaeed en tile tep ef tile rental waitlist if tiley are appreyed as a '1l1alilied Emergeney V/erker tilrellgil tile Pllblie Safety Cellneil Cemmittee revie'.-.- and as defined under the IkjH,itisRS seetieR hereiFl. The iRai..~al:iarS sHper\"isar mast reE),l:lest the f)riarity, iA '.\'ritiag, t8 tile PHalie Safety Ceuneil lIellsing Subeemmittee, This SlIeeemmittee "I.-ill eensist ef members frem any emergeney werker department, and a member ef tile Publie Relatiens BeaFd (PRB). It is tile Fespensibility ef tile superviser te preye te tile Publie Safety Ceuneil tllat tile empleyee is a FC'IlIired emergeney Fespense prierity. The memller ef tile PRB aIld tile Heusin;; Offiee will net yete, but 'I.-ill eemment en wllether tile iadiyidllal sheuld be allewed tile prierit)', If tile Plll3lie Safety CellReillIeusiag SlIbeemmillee appFeves tile iadividllal fer prieTit)' statlls, written yerilieatien must Be previded te tile lIellsing Offiee, .'.t SIIell time, tile Hellsing Offiee will plaGe the iadividllal at tile tep eftile rental waitli!;! for City awned prajeets, SECTION 6 SEASONAL HOUSING Becinning September I of each year and ending May 31 (winter season) of each year. seasonal units located at Marolt Ranch and Burlingame Seasonal Housing can accept students. as defined in the Guidelines. At the time of sign-up. each student shall provide to APCHA documentation proving enrollment in a school. or documentation proving an internship with a Pitkin Countv business. Each student shall sign a lease for the appropriate time frame and provide first. last month's and a security deposit as required from each seasonal housing proiect. See the Definition section for the definition of Accredited and Student. I I I I I Aspen/Pitkin County Employee Housing Guidelines AMENDED 01106 Page 15 of 72 I PART III PURCHASING EMPLOYEE HOUSING SECTION I QUALIFICATIONS TO PURCHASE EMPLOYEE HOUSING To qualifY, be eligible, and remain eligible to purchase and reside in an employee-housing unit, a person/household must meet the following criteria and must not be over the maxirnurn income as stipulated in the table below, An owner, however, does not have to continue to comply with income and/or assets, No. Of De endents o Dependents 1 Dependent 2 Dependents 3 or More Dependents Net Assets Not in Excess of Maximum Incomes for SALES/OWNERSHIP Units Only (See Income Verification, Part III, Section 2, No.1) Cate 0 I Cate 0 2 Cate 0 3 $30,000 $47,000 $76,000 37,500 54,500 83,500 45,000 61,000 91,000 52,500 69,500 98,500 100,000 125,000 150,000 Cate 0 4 $123,000 130,500 138,000 145,500 175,000 I I I 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 o Dependents $132,000 $145,000 $159,000 N/A I Dependent 139,500 152,500 166,500 N/A 2 Dependents 147,000 160,000 174,000 N/A 3 or More Dependents 154,500 167,500 181,500 N/A Net Assets Not in Excess of 200,000 225,000 250,000 $900,000 NOTE: A household can qualifY to purchase a unit in a higher category. I I 1, Be a full-time employee working in Pitkin County for an employer whose business address is located within Aspen or Pitkin County, whose business employs employees within Pitkin County, whose business license is in Aspen or Pitkin County, and/or the business taxes are paid in Aspen or Pitkin County (if an employer is not physically based in Pitkin County, an ernployee must be able to verifY that they physically work in Pitkin County a minirnum of 1500 hours per calendar year for individuals, businesses or institutional operations located in Pitkin County); or a retired person who has been a full-tirne employee in Pitkin County a minimum of four years immediately prior to his or her retirement (as further defined in the Definition section); or a Elisaeleahandicaooed person residing in Pitkin County who has been a full-time employee for a Pitkin County employer a minimum of lwefour years immediately prior to their disability as defined in these Guidelines; or in the event of the qualified employee's death, the spouse of any such employee, retired person, or Elisableahandicaooed person; and/or a dependent living with that qualified employee, retired person or Elisaeleahandicaooed person, In a two-person household of two adults only (no dependents as Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 16 of 72 I I . I I . . I I I I I I I I I I I , I I I I I defined in the Guidelines), both adults must be working in Pitkin County to qualify for an additional bedroom, 2, 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. 3. The purchaser/owner must not own developed residential real estate or a rnobile 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 compeIitive market prices, the residential real estate or mobile home prior to or simultaneously with closing on the employee housing unit and still meet the asset/income limitations as set forth in Table 1. The purchaser must provide the Housing Office wiIh 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 employee- housing unit, it rnusI remain listed until sold, The owner has 180 davs to sell the free-rnarket unit. After such time. the owner must list and sell the deed-restricted unit according to their deed- restriction. 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 employee housing in accordance with the Guidelines at the income category determined by the Housing Office to be appropriate under the circumstances. 4, 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 employee-housing unit, the land must remain unimproved. If the land is improved with a residence, the individual must then relinquish the employee-housing unit by listing and selling the ownership interest in that unit. Upon approval of a building permit. such owner shall have three-vears to build on such free-market lot, If the residential lot (whether' free-market or deed-restricted) rernains undeveloped after the three-vear time frame, the owner must sell the lot within 180 davs or list the deed-restricted unit according to their deed-restriction. NOTE: Persons owning improved residential property, residing in emptoyee housing prior to May 1, 1994, will he allowed to retain ownership of that residential property and still he eligible to reside in employee housing. However, once the residential property is sold, the person residing in employee housing may not acquire additional residential property and remain eligible to reside in employee housing. A business owner, where the individual owns a deed restricted unit, has an opportunity to purchase another unit in the Roaring Fork drainage system under the following conditions: I) 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 down valley area, Should the unit be located down valley, the owner would be allowed to rent to an individual employed somewhere in the Roaring Fork Drainage System as long as their ernployee would have the first right of refusal, with the second right of refusal going to someone employed in Pitkin County, with the last right to any other qualified employee. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01106 Page 17 of 72 5. The purchaser/owner must have total current household incorne and assets no greater than the rnaximum 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, This is applicable at the time of purchase ONLY, After purchase, owners must continue to meet 1-5 above to continue to own and reside in employee housing. 6. The ownership of any property shall be considered in determining Maximum Net Assets, 7. All qualification items stated above in 1-5 are verified by requesting each owner to sign a Requ'alification Affidavit every two years, 8, 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. The owner MUST also be in l!ood standinl! with their homeowners' association and a notarized document from the HOA will be required at the time of application. SECTION 2 INITIAL QUALIFICATION TO PURCHASE In order to determine that a person or household desiring to purchase an employee housing unit meets all of the criteria set forth in Section I above, the Housing Office must review and have on file specific docurnentation which provides proof of: residency, ernployment, income and assets, The Housing Office may request any or all of the following docurnentation. All information and documentation received will remain confidential. 1. Income Verification: a, Copies of the past two years completc Federal income tax returns, with W2's attached. b, Current income and financial statement verified by the applicant to be true and correct. If there is a variance of more than or less than 20% between current income and income reported on the previous year's tax returns, the incomes will be averaged. This will establish the income category. c, Social Security records, or W2's for all the years worked in Pitkin County, If the above information is not available, the applicant must provide other docurnentation as requested by the Housing Office, 2. Employment Verification: a. All W-2 forms frorn a minimum of the previous four years (purchase), b, Wage stubs (ifW-2's are not available). c, Employer(s) narne, address, telephone and dates of employment. d, Housing Office Employment Verification Form [signed by employer(s)]. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01106 Page 18 of 72 e, Evidence oflegal residency, f, Landlord verification of residency, specific dates. g, Valid Colorado Driver's License, h. Valid Pitkin County Voter Registration. i. Verification of telephone service in Pitkin County. J, Divorce Decree or Separation Agreement including alimony and child support. A copy must indicate that it has been entered in the record with all exhibits and supplements attached, k. Applicants desiring to purchase a unit will be required to sign a release in order for the Housing Office to obtain a copy of the loan application from the lender. 1. Any additional information the Housing Office will require to verify the applicant's full- time residency in their unit, e.g" business and personal banking records, utility bills, etc. m. Picture I.D. If the above information is not available, the applicant must provide other documentation as requested by the Housing Office, 3. When someone is self-employed and works too few or no hours for an employer, then the number of hours worked in Pitkin County must be clearly documented by providing: a, A complete copy of the applicant's most recent tax returns, including Federal tax returns, Schedule C (profit and loss statement) and all other completed schedules, and State tax returns and copies of most recent W2's and or 1099's for each job (if applicant received W2's and/or 1099's), I I b, Copies of any paycheck stubs received by the employee and/or an up-to-date profit and loss statement. c. A copy of a current business license. I I I I d, The following documentation must be provided if a, band c above does not verify the employment requirement and the residency requirement. I I I I) A copy of a current detailed work log or appointment book for the last year (or at least the last quarter) listing hours worked each day for each job or appointrnent and clients' names and local addresses, Tirne spent in marketing, accounting and other administrative tasks in support of the business will also count towards the 1,500 hours per year employment requirement if the applicant can clearly dernonstrate to the Housing Office that this is the case, 2) Copies of invoices sent to clients, particularly if the invoices reflect the amount of time spent on the job invoiced (and copies of paymenI for invoiced work); 3) A Client List, which would provide client names with local telephone numbers and local addresses, type of work done, and approximate time spent with client per appointments in a year. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 19 of 72 I I I 4) Any additional documentation the Housing Office may require to verify the applicant is ernployed in Pitkin County and occupying the unit as their primary residence, such as business and personal banking records, utility bills, payments received, etc, It is the responsibility of the applicant to clearly demonstrate that he/she is meeting the full-time employment and residency criteria. If the household does not specifically fall under the current policy, the household may request a Hearing before the Housing Board for review. Note: Applicants for Employee 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 QUALIFICATIONS FOR THE PURCHASE OF RESIDENT OCCUPIED UNITS In order to determine that a person or household desiring to purchase a Resident Occupied housing unit meets all of the criteria set forth in Section I above (except income limits), the Housing Office rnust review and have on file specific documentation which provides proof of: residency, employment, and assets, The Housing Office rnay request any or all of the following documentation. All information and documentation received will remain confidential. I. Income Verification: a. Copies of the past two years complete Federal income tax returns, with W2's attached. b, Current incorne and financial statement verified by the applicant to be true and correct. c, Social Security records, or W2's for all the years worked in Pitkin County. If the above information is not available, the applicant must provide other documentation as requested by the Housing Office. 2. Emolovment Verification: a, All W-2 forms from a minimum of the previous four years (purchase), b, Wage stubs (ifW-2's are not available), c. Ernployer(s) name, address, telephone and dates of employment. d. Housing Office Employment Verification Form [signed by employer(s)], e. Evidence oflegal residency. f. Landlord verification of residency, specific dates, g, Valid Pitkin County Driver License, h. Valid Pitkin County Voter Registration, 1. Verification of telephone service in Pitkin County, Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 20 of 72 I I , J. Divorce Decree or Separation Agreement including alimony and child support. A copy must indicate that it has been entered in the record with all exhibits and supplements attached, 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 frorn the lender. Any additional information the Housing Office will require to verify the applicant's presence in Pitkin County; e.g., business and personal banking records, utility bills, etc. Picture !.D. k. 1. m. If the above information is not available, the applicant must provide other docurnentation as requested by the Housing Office, 3, When someone is self-employed and works too few or no hours for an employer, then the number of hours worked in Pitkin County must be clearly documented by providing: I I I I I I I a, A complete copy of the applicant's most recent tax returns, including Federal tax returns, Schedule C (profit and loss statement) and all other completed schedules, and State tax returns and copies of most recent W2's and or 1099's for each job (if applicant received W2's and/or 1099's). b. Copies of any paycheck stubs received by the ernployee or an up-to-date profit and loss statement or an uo-to-date orofit and loss statement. c, A copy of a current business license. d, The following documentation must be provided if a, band c above does not verify the employment requirement and the residency requirernent. I) A copy of a current detailed work log or appointment book for the last year (or at least the last quarter) listing hours worked each day for each job or appointment and clients' names and local addresses, Time spent in rnarketing, accounting and other administrative tasks in support of the business will also count towards the 1,500 hours per year employment requirement if the applicant can clearly demonstrate to the Housing Office that this is the case. 2) Copies of invoices sent to clients, particularly if the invoices reflect the amount of tirne spent on the job invoiced (and copies of payment for invoiced work); 3) A Client List, which would provide client names with local telephone numbers and local addresses, type of work done, and approximate time spent with client per appointments in a year, 4) Any additional documentation the Housing Office may require to verify the applicant is ernployed in Pitkin County and occupying the unit as their primary residence, such as business and personal banking records, utility bills, payments received, etc. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 21 of 72 It is the responsibility of the applicant to clearly demonstrate that he/she is rneeting the full-time employment and residency criteria, If the household does not specifically fall under the current policy, the household rnay request a Hearing before the Housing Board for review, 4, Additional Conditions and/or Requirements: a. Gross income is not limited, but net assets are lirnited to no more than $900,000, b, An owner cannot own any other developed residential property within the Roaring Fork Drainage System. c. See the deed restriction for the specific RO unit for any other additional restrictions and/or conditions, d, Applicant must demonstrate that their income/earnings are earned primarily in Pitkin County (75%). Applicants must dernonstrate that thev pay Colorado Income Tax as a Colorado resident. 5. 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 Listing Fee ofeae halfp.reeRt (\~~q one percent (1%) of the total sales price. 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 Sales Fee of one-half percent (lhl%) of the total sales price, for a total of a eaetwo-percent (-l-~%) of the overall sale's fee. SECTION 4 MAINTAINING ELIGIBILITY FOR OWNERSHIP OF EMPLOYEE HOUSING There is not a requalification requirement to meet Income, Asset and Minimum Occupancy for persons who have purchased and own an employee-housing unit. The individual must remain a qualified employee or retiree, continue to occupy the unit as their prirnary residence as defined in these Guidelines, and not own any other property within the Roaring Fork Valley as defined in these Guidelines, and as they are amended from time to time. It shall Be a re€llliremeRt fer 8B ewaer ts pre,..iae aeellmeRtatisa ef werl(iag iR PitkiR CSllaty eve~' twe years, resiaiRg ia their IIRit at least RiRe meaths ellt sf a ealeRaar year, aRa aeR eWRersmp ef sther preperty withia the Rearing Fede draiaage s)'stem. Hewever, APCHA will require all owners to complete and sign a Requalification Affidavit on a !!!:yearly basis ea lIaits leeated elltside the Cit)' (this is a re€luiremeat that was adapted B)' the CellRt)' aRd is eUReRtl)' BeiR!; readdressed iR the City). APCHA has the right to request additional documentation through an audit or follow-up on a compliant to show proof of employment and residencv, Additional documentation may include items preyiously stated in Section I. The l:".":ner Ras the 8fltieR te previae FeaeFCil laeeme TaK Ret\:lfBS ana '\'2'5, OR a ReElualif.ie:atieR f.f:Hda,<it sigHed aRd Rstarizea BY the sweer. Hew ever, .^~1)CH.^. has the Fight ts re€lllest additieRal dsellm.RtatieR tMellgH aa alldit er fellew lip SR a 8smplaiRt te shew presf sf emplej'Hleet aRd resideRe)'. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 22 of 72 AeeitieaaI eeellmeataIiea may iaslllee the f-elle'.viag, b1ft is aet limitee te, the mest reeeat Feeeral Iaeeme Tal[ Retllffis aleag with \V2's aae 1999's, aay aeeitieaal iafeffilatiea the Hellsiag Offiee will reElllire te verify the swaer's full time resieeaey ia their lIait; e.g" ElHsiaess aae l"erseaal baRlaeg raeeres, Htility sills, ete,; sr if semaeae is self eml"leyee ane '.yerles tee fewer ae hellrs fer aa emj3lsyer, thea the allmser ef heurs werleee ia Pitlda CSllaty mllst se elearly eeellmeetae s)' jlrevieiag: I I I. Whea semeeae is self emjlleyee aae werks tee fe',... er ae hellm fer aa emjlleyer, thea the alimser ef heum wer~tee ia Pitkie Cellat)' mli5t se elearly eeellmeatee sy jlrs'lieiag: I a. Cejlies ef mest reeeat '.V2's aae er 1999's fer eaeh jes (if al"l"lieaet reeei'lee W2's aad/er 1999's). s.Cel"ies ef allY jlayeheek StllSS Feeei'lee by the emjlleyee. e..^~ eSfl), sf a e\:lrreat 8\:isiaess lieeRse. e.The fellev:iag eeeumeatatiea mllst se jlre'lieed if a, s aae e ase'le eees aet verify the emjlleymeat reEllliremeat aae Ihe resieeaey reEllliremeet. I) Feeefal tan retHms, Seheeule C (jlrefit aad less statemeat) aee all ether eemjlletee seheeules, aae Slate tan fetHms, 2) f, sajlY ef a eUReat detailed wer~e leg er ajljleiatmeat sesk fer the last year (er at least the last E1l1arter) li5tiag hsurs werkee eaeh ea)' fer eaeh jes er al"l"eintmeat ane elieats' aames aae lseal aeeresses. Time sJ3ellt ia marketiag, aeeeuatiag ane eIher aElmiaistreti'le tasles ia slijljleJt ef the slisiaess will alse eeliat tewares the 1,599 hellfs jler year emfllsymeet reElliiremeat if the ajljllieallt eaa elearly eemeastfllte te the IIellsiag Offiee that this is the ease. 2) Cejlies ef ieveiees seat te elieals, jlaJtielllarl)' if the iavsiees refleet the _ellat ef time sjleat ea the jes iaveieee (aae eeJ3ies ef jla)'Hleat for ia'leieee werle); 3) A Clieat List, whieh wellle jlreviee elieat names with lseal telejlheae aUmBers aae leeal aeeresses, t)'jle ef werk eeae, aae al"jlrenimale time sJ3eRt '::ith elieat jler al"jleiatmeats ia a year. 4) All)' aeeitieaal eeelimeatatiea the Hellsiag Olliee may reElllire te verify the al"l"lieael is emjllsyee ia Pitkia CeIiRl)' aad eeelll")<illg the lIait as their l"rimar)' resieeace, slleh as susiaess aae l"efseaal baaldag reeeres, lililil)' sills, jla)'Hleats reeei':ee, ete. It is the FesJ3easisility ef the al"J3lieaat Ie elear~)' eemeastfllte that he/she is meetillg the full time emjlle)'Hlellt aae Fesieeaey eriteria. If the heusehale eees aet sjleeifieally falllllleer the eurreat jleliey, the hellsehele may reEl"est a Heariag sefere the Hausiag Beard fsr review. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 23 of 72 SECTION S COMPLIl.NCE OF OWNERSHIP UNITS All qualification items under Part III, Section I, 1-5 shall apply to continue ownership. I. 2. Reemmates are peHllitteallHaer the GlIiaelines. .^.ll reemmates ef a E1l1alil1ea eweer livieg ie the lIeit mllst ee pre Ejllalil1ea threugh the Hellsieg Olfiee eel)' fer the amellet ef reet the)' eae ee ehargea. 3. The Hellsieg Offiee will be aeieg a ffleaem allait ee all the eweernhip ueits as te emple)'meet aea a'.veieg ether pfBperty wilftiB ilie Raarieg FaFl, Valley, This is te eesure that all aweers eeetielle te meet the reEjlliremeets afthe GlIiaeliees, Housing Office Responsibilities: a.Th. Hallsie1; Ome. shall eeaeaver la feEjllalil)' eaeh Oweer within the eext twa )'ears, e.The IlallsiRg Omee shall fBeaamly piek the eweers, aver this twa year peAaa af time, ta previae aaellmeRlatiee te the Helismg Omee shewmg emplaymeet histe~' aea iliat they aa eet aWil ether prepeFlj' '.vithie ilie Rear.ng Ferk Valley. e.The Helismg Omee shall mail a letter ana a fafIB te ee eempletea ey the O'.yeer reEjlieslmg emJ:)lej'ffieat informatisa and iaeeme tan ret-l:lffis. a,Oeee the aaelilBeetatieR has eeee reeeivea, ilie lIellsieg Omee will fevie'.... eaeh HIe fer eempliaeee. e,ShEllllalhe Owner ee ellt ef eemplianee, a seeaealeller will be seRt Ie the Ov:eer reEllle5ting that tBe O-:/Rer list their 1:t.Ilit as stated ia their Oeea RestrietieR. Hhaulailie Oweer eaele5t ilie aeea restnetiae, if ilie Calllt fiRas fer the Hellsieg AlItheAt)', all legal fees will ee paia BY saia O'Nfler. , I. If a complaint is received, it is forwarded to the Oualifications Specialist. who researches the complaint. If staff finds grounds to move forward. the ftrst compliance letter will be mailed within 30 calendar davs of receipt of the complaint or if the bi-annual Affidavit has not been returned, The bi-annual affidavit will be treated as a compliance letter. 2. If the owner does not respond within two weeks to the initial compliance letter, a second compliance letter will be sent. The first and second compliance letters will be sent bv regular mail. 3. If the owner does not respond to the second compliance letter within two weeks, and/or if the compliance situation is not fully resolved within 60 calendar days from the date of the first letter. a Notice of Violation (NOV) letter will be sent to the owner, The NOV will provide the owner an option if thev wish to dispute the violation bv reauesting a Housing Board Grievance Hearing in writing within 15 calendar davs from the date of the NOV letter. The NOV letter will be sent by regular and certifted mail. APCHA will also notify the APCHA Board when a NOV letter is sent. For Board update purposes, the owner will be referred to bv a case nurnber only. with no mention of client name or address, and will briefly outline the case. 4. If the owner does not respond or does not reauest a Board hearing, or the owner does not reauest a Board hearing within the specified deadline. APCHA will send a final letter to the owner, The Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 24 of 72 I I I . , , final letter will state the client has 30 days to list their unit with the Housing Office and that their appreciation has stopped. The final letter will be sent bv regular and certified mail. Owner's Responsibilities: I. a, OBee the OWller reeeiyes the letter BIla forms frem the lIallsiag Offiee, the OWller will prayiae ta the Hallsiag Office by the aenalille Elate statea ia the lettsr the completea faFlll, aaaitiaBal aaelHllclltatiall reljllirea by the Hallsillg Office yerifyillg smplaymellt witltill PitlBIl Call1lt)' BIla nat awnillg eIRer resiaelltialpfflperty withill the Raarillg Far~[ Dfilillage. b, If the OWRsr aaes Ilet submit the infeFlllaIian ar eeRtaet the HausiRg Office in the time allettea, the appreeiatiaa fer their ullit will be sus13slleed, Shallla the OWRsr be fculla allt ef cempliiUlee, the OWller '1:ill list the lIait '::ith the Hellsillg Offiee as staIea iR their eeea restrietieR. e. There are life eirellmstances that ma)' be beyaRa the eelltr~1 ef the OWRer. The OWRer has the a13paflllrnty te reljllest a Speeinl Reyiey:. Saffle examples iRelllde, but are Ilat limited te, a aeath er illlless iR the famil)', all aeeieeat reljllir'.ng the illabilit~l far the awner la warle, a single pBfeRt whe is lInable ta ?:ark full time, ete. Owner must meet all of the initial qualifications previouslv stated in Section 1 except for the income/asset qualification, Once an owner receives a letter from the Housing Office. the owner must provide the completed form and/or anv additional documentation requested bv the deadline stated in the letter. Should the owner be found out of compliance. the appreciation on the unit will be suspended. If an owner wishes to dispute the NOV. the owner must submit a written request for a Board Grievance Hearing within the deadline stated in the NOV letter. The owner will then be scheduled for a hearing at the next available Board meeting, The owner and the Housing Office will each be allowed one extension of the originallv scheduled Board rneeting. Per APCHA Guidelines and Grievance procedures. "the decision of the Board shall be binding and the Housing Office shall take all action necessary to carry out their decision." Once an owner received the final letter. the owner shall list their unit for sale within 30 days, 2. 3, 4, 5. 7, If the owner does not respond and/or if the owner does not list said unit bv the final deadline. legal counsel will follow-up with appropriate legal action. SECTION 6 PRIORITIES FOR PERSONS BIDDING TO PURCHASE AN EMPLOYEE HOUSING UNIT The Housing Office operates a lottery for the sale of employee 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 rnaximum bid price, during the bid period shall have the first right to negotiate the purchase of the unit. If two or more qualified bids are submitted at the highest bid price, they shall receive preference and be prioritized for selection as the top bidder in the following order: I. Persons with a present ownership interest Joint or Tenants In Common, in the ernployee housing unit. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 25 of 72 2. Person(s) chosen by the remauung owner(s) to purchase the interest of another owner. ANY FRACTIONAL SALES MUST BE APPROVED BY SPECIAL REVIEW IF NOT UNDER A COURT ORDER DUE TO DISSOLUTION PROCEDURES. 3, Qualified spouses and/or children of current owners, including joint custody of the children, and/or qualified parent(s) rneeting 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 rnust 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 as/ 00 fee. and must be approved by the Housing Office prior to the transfer. The qualified buyer is a/so required to enter into a new deed restriction during the transfer process. 4, Persons living in and owning another unit within the complex who meet mmlmum 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 in-complex bids rneeting minimum occupancy', a lottery will be held by giving the nurnber of chances as stipulated below. On an in-cornplex move, a unit must open up to bid to other qualified persons before receiving the in-complex priority. For new rnulti-phase projects, the in-complex priorities will apply only after completion of all employee- housing phases of the project. The in-complex priority DOES NOT applv to any sinl!le-familv homes. 5. PefSeRs ...:ith four er mere eeRseeuti...e yeafS ef empleymeRt iR PitkiR CeuRt)' immeaiately prier te applieatieR fer jllirehose: a. V.'iili m:inim1:1ffi eee\::Jpaney and eHe af more eef'eHseHts fer \:IRits v:it-h three or mere eeareoms, aejleRaeRts IRlISt resiae iR the uRit a miRimllmlS9 anys euI efanj' 12 meRtR jleAea. B. 'Vith minimaffi eeeupaney (j, PefSens with eRe te fellr eeRseellti'0'8 yeRfS ef emjlleymeRt iR Pillan CeuRty immeaiately jlrier te ajlplieatieR fer jllifehase (eaeh iDllh-lllual will reeei...e aRe ehaDee iD a separate lottery only if there is RO ODe hilllliDg who has heeD worliiRg in PitJaD COUDt)' four years or mare), a. \'~.'ith miaimWR eeeupaney aHa eHe Sf mere depeBseats for HAilS v:ith three or EBere eed:roems (ae(geRaeRts must resiae in lhe lIflit greBIer than 189 aays ellt efllllY 12 meRth jleriea). 8. \l.'ith mffiimUIR eeelip8Rey 1 Minimum Occrl{Xl1lcy (see Definitions) as IIsed herein is one person (I\'ith an o.....nership inlerest) per bedroom OIId/or a dependent. A Dependent is defined lUld am be coluuedfor a bedroom as stipulated in Part X !JefinitiQI/S. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 26 of 72 I I I :. PerseRs .....i!h less thaR aRe saRSeclltive year ef emplayment if! PillaR Cellf!!y immediately priar te applisatiaR far purshase (eaeh iRlii"idual ',viii reeei':e eRe ehoRee iR a separate lettery eRly if there is n9 eRe bidding whe has beeR "NerlaRg iR PitlaR CeuRt)' fellr years er mere), 8. 'Vita miRimaffi eee\::lfl8Hey aRa eRe af mere eepeRaeRts fer ur-lits \":ith three aT more eedrsems (dejleRaeRts mHst reside iR !he uRit greater !haR 189 days allt af aRY 12 maath jlcried), b. ',Vitll miRimHffi eeellpaflsy 8. Pcrsens with feW' er mere sellscellti'..e ycars ef emple)'fficllt iR PitkiR Ceuety immediataly prier Ie Bl3plieatiea for 13\:lrehase Ret meetiRg miflim\:lffi eeelij3aney, 1m.! whish mes! elssely BflflFSJdmates miRimllffi ecclIjllillS)'. 9, Pcrseas wi!h eae te fellr sellsesutive years ef emple)'fficat ia Pitkia Cellat)' immediaIely jlrier te applieatiaR fer pllrshase Ret maetiag minimum eselljlaBsy, BHt whish mast elasely <!jlpr6)[imates miaimHm aeelljlaBey, 19. PeF5eas '::ith less thaR aRe saRsecHti'..e year ef elftjlle)'ffieRt in PitlaR CaHRty immediately prier te ajlplisatiea fer pureRase lIet maetiag mieimHm essllpaBsy. Imt '1:hish mest elesely appre"imales miaimum eccHjlaRsy. STUDIO UNITS: I . I I I 5. A sin~le oerson with four or more consecutive years of ernolovment in Pitkin County immediatelv orior to aoolication for ourchase. 6. A household ~reater than one with four or more consecutive years of emolovment in Pitkin Countv immediatelv orior to aoolication for ourchase. 7. A household with one to four years of consecutive vears of emolovment in Pitkin County irnmediatelv orior to aoolication for ourchase. 8. A household with less than four years of consecutive years of emolovment in Pitkin Countv immediately orior to aoolication for ourchase, ONE-BEDROOM UNITS: I I 5, A household of one or more Qualified ernolovees with four or more consecutive years of emolovment in Pitkin Countv immediatelv orior to aoolication for ourchase. 6, A household of one or more Qualified emolovees with one to four consecutive years of emolovment in Pitkin County immediately orior to aoolication for ourchase. 7. A household of one or more Qualified ernolovees with less than one consecutive vear of emolovment in Pitkin Countv immediatelv orior to aoolication. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 27 of 72 TWO-BEDROOM UNITS: ,5. A household of at least two Qualified employees or one Qualified employee and one dependent which said employee(s) has four or more consecutiye years of emplovment in Pitkin County immediately prior to application for purchase. 6, A household of at least two Qualified ernployees or one Qualified emplovee and one deoendent which said ernployee( s) has worked one to four consecutiye years of emplovment in Pitkin County imrnediatelv prior to application for purchase. 7. A household of at least two Qualified employees or one Qualified employee and one dependent which said employee(s) has worked less than one consecutiye year of employment in Pitkin County immediately prior to application. 8, A household of one with four or more consecutiye years of emplovment in Pitkin County immediately prior to application for purchase, 9. A household of one with one to four years of consecutiye years of employment in Pitkin Countv immediately prior to application for purchase. 10, A household of one with less than four years of consecutiye years of employment in Pitkin County immediately prior to application for purchase. THREE-BEDROOM UNITS: 5, A household of at least two Qualified employees and one dependent. or one Qualified employee with two dependents which said employee(s) has four or more consecutiye vears of employment in Pitkin Countv immediately prior to application for purchase. 6, A household of at least two Qualified employees and one dependent. or one Qualified ernployee and two dependents which said employee(s) has worked one to four consecutive years of employment in Pitkin County immediately prior to application for purchase. 7. A household of at least two Qualified employees and one dependent. or one Qualified employee and two deoendents which said employee(s) has worked less than one consecutive year of employment in Pitkin County immediately prior to application, 8. A household of at least two Qualified emplovees or one Qualified employee and one dependent which said ernployee(s) has four or more consecutive years of emplovment in Pitkin County immediatelv prior to application for purchase. 9, A household of at least two Qualified employees or one Qualified employee and one deoendent which said employee(s) has worked one to four consecutiye years of employment in Pitkin County immediately prior to application for purchase. 10, A household of at least two Qualified employees or one Qualified employee and one dependent which said employee(s) has worked less than one consecutive year of emplovment in Pitkin Countv immediately prior to application. II. A household of one with four or more consecutiye years of emplovment in Pitkin Countv immediately prior to application for purchase. 12. A household of one with one to four years of consecutiye years of employment in Pitkin County immediately prior to application for purchase. 13, A household of one with less than four years of consecutiye years of employment in Pitkin County immediately prior to application for purchase, Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 28 of 72 FOUR-BEDROOM UNITS: . I I I I . I 5. A household of at least two qualified emoloyees and two deoendents. or one qualified emolovee with three deoendents which said emoloyee(s) has four or more consecutiye vears of emolovrnent in Pitkin County immediately orior to aoolication for ourchase. 6, A household of at least two qualified emolovees and two deoendents. or one qualified emoloyee and three deoendents which said emoloyee(s) has worked one to four consecutiye years of emolovrnent in Pitkin Countv immediately prior to aoolication for ourchase. 7, A household of at least two qualified emoloyees and two deoendents. or one qualified emoloyee and three deoendents which said ernoloyee(s) has worked less than one consecutiye vear of emolovrnent in Pitkin County imrnediately prior to aoolication, 8. A household of at least two qualified emolovees and one deoendent. or one qualified emoloyee with two deoendents which said emoloyee( s) has four or more consecutiye years of emolovrnent in Pitkin County immediately orior to aoolication for ourchase. 9. A household of at least two qualified emoloyees and one deoendent. or one qualified emoloyee and two deoendents which said emoloyee(s) has worked one to four consecutiye years of ernolovrnent in Pitkin Countv immediately orior to aoolication for ourchase. 10. A household of at least two qualified emoloyees and one deoendent. or one qualified ernolovee and two deoendents which said emoloyee(s) has worked less than one consecutiye vear of emolovrnent in Pitkin County immediately orior to aoolication. 11, A household of at least two qualified emoloyees or one qualified emoloyee and one deoendent which said emoloyee(s) has four or more consecutiye years of emolovrnent in Pitkin County immediately prior to aoolication for ourchase, 12. A household of at least two qualified ernoloyees or one qualified emoloyee and one deoendent which said emoloyee(s) has worked one to four consecutiye years of emolovrnent in Pitkin County immediately prior to aoolication for ourchase. 13. A household of at least two qualified emoloyees or one qualified emoloyee and one deoendent which said emolovee(s) has worked less than one consecutive year of ernolovrnent in Pitkin County immediate Iv prior to aoolication. 14. A household of one with four or more consecutiye vears of emolovrnent in Pitkin County immediately prior to aoolication for ourchase. IS. A household of one with one to four years of consecutive years of emolovrnent in Pitkin Countv immediately orior to aoolication for ourchase, 16. A household of one with less than four years of consecutiye years of emolovrnent in Pitkin County immediatelv orior to aoolication for ourchase. . If a person has left the Roaring Fork Valley and then returned. a oerson would onlv become re-elicible if thev meet all of the following criteria: 1) work in Pitkin County at least four years prior to their absence: 2) absence has been for no more than one year: and 3) working in Pitkin Countv for at least one full year after returning. Each household in the top priority will receive the following number of chances, These chances relate only to those households who have worked in Pitkin County four years or more. Any other bidder who has worked in Pitkin County less than four years, will receive only one chance if a separate lottery is held, Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 29 of 72 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 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 owner and buyer have not reached an agreement at the end of the negotiation period, the next bidder's offer will then be presented to the owner for consideration, A new three-business day negotiating period will begin. All follow-up qualified bids will be processed in a like fashion untillhe 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 I, 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 I-bedroom unit expanded to a 2-bedroorn unit, a single person household would meet minimum occupancy, and the unit would be rnarketed as a one-bedroom unit), EXCEPTIONS TO PRIORITIES SUBJECT TO (SPECIAL REVIEW): I. Emergency workers (see Definitions aUEI the Emergeney 13rinrity limier PaFt II, Seetina 8, emergeaey Warksr) meeting minimum occupancy may qualify for placement into the highest lottery category (except paragraphs I, 2, 3 and 4, of Part III, Section 6). The employee may compete with other applicants in that category (with a maximum of 5 chances) upon approval frorn 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 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 option for Special Review of circumstances for leaving is open to emergency workers.) 2. First priority for mobility disabilitv haadieapped aeeeDsi13le units shall be given to disabledhandicappcd persons prioritized by length of residency and who meet the definition of a mobilitv disabilitv, The handicapped person must meet APCHA's Guidelines criteria for a mobility disabilitv as well as other minimum occuoancv criteria to receive this oriority. 3. Persons rernoved 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 Employee Housing Guidelines AMENDED 01/06 Page 30 of 72 I. I I I I I I I I I I , I I I I I I 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. An 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. 1, 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 will be held for those in-cornplex 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, 2, All qualified households who have bid on that unit are entered into the lottery. 3, The names are prinIed 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 Noon, the Friday before the lottery is held, 4. The lottery shall be run on the date specified in the advertisement. 5. Once the lottery has been run, Ihe list is printed out and the names are, again, verified to ensure that all households were included in the lottery, If Ihere is a problern, the problem is noted on the printout and explained as to why the lottery has to be rerun, The lottery is then rerun with the correction(s) made, 6, The file of the lottery winner is pulled and reviewed for cornpletion, 7. Once the winner's information is verified, the winner is notified by the APCHA and an appointment is scheduled, 8, The lottery is then classified as "official" and the names posted on the bulletin board in the Housing Office. 9. 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 conIract 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 Employee Housing Guidelines AMENDED 01/06 Page 31 of 72 PART V PROCEDURES FOR THE SALE OF A CATEGORY EMPLOYEE HOUSING UNIT SECTION 1 LISTING A UNIT WITH THE HOUSING OFFICE I, An owner of an employee housing unit desiring to sell should consult with the Housing Office and review the Deed Restriction covering the unit to determine the maxirnum sales price permitted and other applicable provisions concerning a sale, 2, Unless otherwise provided in the Deed Restriction, the unit must be listed for sale with the Housing Office and the Housing Office staff will administer the sale in accordance with the Guidelines in effed at the tirne of listing, I 3. The sale of an Accessory Dwelling Unit (ADUl deed-restricted as a "for-sale" unit rnust be through the Housing Office lottery orocess, exceot that the develooer mav select the fIrst fullv-<lualified ourchaser as stated in Section 26.520,070, Deed Restrictions and Enforcement. of the Citv of Asoen Municioal Code. 34. 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 paymenI of administrative and advertising costs. 4,5, The APCHA acts as a Transaction Broker representing both Buyer and Seller. Questions will be answered and help provided to any potential purchaser or seller EQUALLY in accordance with the current Guidelines. ~. The APCHA is responsible for preparing all documents pertaining to the sale and purchase of Category Units, (,,7, 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. +'8, The fees paid to the Housing Office are to be paid regardless of any actions or services that the purchaser or seller rnay undertake or acquire, 8, A seller in the process of purchasing a different unit may fmd it necessary to secure additional financing should the property listed for sale not close prior to the closing date on the newly purchased property. 9. A If iflspeetilJfI }<",,,Seller's Pro/Jertv Disclosure Form will be fll'eviEleEl tecomoleted bv the Seller at the time of listing, This will be reviewed with the Sales Manager. Each seller will be orovided a coov of the Minimum Standards required in order for the Seller to receive rnaximum value. It is required that the Seller shall provide the Buyer with a clean, working unit upon delivery of deed, Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 32 of 72 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 cornpensation 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. I ' SECTION 2 ADVERTISING THE SALE: BID PERIODS I, 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 lwoone open house dates for showing. APCHA will acccot in-comolex bids the first week onlv. Such deadline will be stated in the Guidelines, After the deadline. anv bid frorn an in-complex owner will be treated as all other bids. The initial two-week hid period ends on the Wednesday after the second week of advertising. If there are no bids received in the initial bid period, there will follow consecutive one-week bid periods, ending Wednesday, until the unit is sold. 2. Prospective purchasers are encouraged to investigate sources of financing prior to submitting a bid for employee housing and can obtain names of lenders from the Housing Office sales department. Sales staff are available to assist interested parties with the purchase procedure and to answer any questions about the process. 3, If more than one bid is received during any bid period, bids are prioritized according to the Guidelines. If more than one bid is in top priority, a lottery is held, SECTION 3 FEES FOR LISTING AND SALES I . I There are two fees involved in the listing and sale of a Deed Restricted Ernployee Housing unit -- a Listing Fee and a Sales Fee, The Sales Fee is equal to two percent (2%) of the sale's price of the property, unless oIherwise specified in the Deed Restriction. Also, unless otherwise specified in the Deed Restriction, the Housing Office will collect half of the total fee (the Listing Fee) at the time of the listing, If a 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 instruct the title company to pay said fees to the Housing Office out of the funds held for the Seller at the closing. In the event that the Seller: a) fails to perform under the listing contract, b) rejects all offers at maximum price in cash or cash- equivalent terms, or c) withdraws the listing after advertising has commenced, that portion of the Listing Fee will not be refunded, 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 frorn the fee. The balance will be credited to the Seller's sales fee when the property is sold, I Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 33 of 72 2.UBless otherwise speeified in lhe Deed Restfietiea eo'..eriBg the HIlit, a fee e€iaalieg a EI1:larter f)ereeet 0'%.) ef ilie tetal amS1:Ult of the IS8:R BffiOllRt shall be ehargea by tRe HfH:lSing Gillee ealy 'Nhea FarJ11e ~fae type flBaBeiflg prsvisi0B5 are 1::lsea. Far.nie ~tae type fiaaneiBg shall be at the sole diseretisR sf the lIelIsiRg Offiee. This fee shall be paid BY the bSffswer (the Buyer) ilRd is Baaed eR the _SlIRt sf the meftgage. The fee 5hall Be paid fer each mSItgage tfanSaetieR and shell Be deJ3ssitea in the HSl::lsiag Gft.iee ~tertga6e ReseF\'e FH8e /.eeel:ffit, If the fee was Hst paid 88 the initial pUFsha.se afthe 1:1nit 1ising the F}~L^.. type f.ie8Rsmg pFEl\1sisRS, the fee is theR payaBle by tile O'",,;er et tile lime the unit is seld sr refiRaneea. The BlI)'er ef said uRit shall alse pal' the fee based eR tile amelIlll sf the msftgage as set feIth aBsve, If Ille fee lle5 BeeR paid SR a uRit and the IIRit is refincmeed, the fee shall eRly apply Is tile llIRSIIRt sf reflflftReed msftgage that i5 greater tllan Ille iHitial meflgage IIpeR wllieh \he fee was iHilially eelleeted, FNMf. t)1'e fiRaReing pr8visieus are these whieh previde, nmsRg ether Ihiag5, fer the remsval ef the Deed RestFietieR eR the IImt UpSR fereelssllre ef the msflgage, prsyided that tile lIellsiRg Office, City sr CSlHIty de RSt elle.eise the elltieR Ie plIr~llase the unit witlliR a time speeified at the time sf fereelesllfe. The amsuRt aRd adeljlIaey ef the fee and Meftgage Rese""e fllRd shall be Fe'.'iewedllflRHally as !left eftlle HelIsiRg GllideliRes 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 agreernent 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 Housing Office 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 I. Any co-ownership interest other than Joint Tenancy or Tenancy-In-Common must be approved by the Housing Office. 2. Co-signers (persons providing security or assurning 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, An additional document will be required for the non-qualifYing owner to sign at the time of closing and will be provided by the Housing Office. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 34 of 72 SECTION 6 SALE OR RESALE OF RESIDENT OCCUPIED UNITS 1. There may be a maximum iniIial sales price for a newly developed Resident Occupied Unit. This will be based on a project-by-project basis, 2. 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. 3. For those RO oroiects that do not require the unit to be listed with the Housing Office. +!he Housing Office shall qualify prospective purchasers (under Housing Office qualifications). Any other 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 project's specific deed restriction. This will guarantee that Ihe 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 one-l;ajf percent Q~%) of the total sale's price in addition to the one-flalf percent Q!h%) Sales Fee, for a total of eaetwo percent (-1-2%) of the overall sale's price. Mobile horne parks with no sales price limits are exempt from this section, except that at the time of closing, a I % fee of the sales price will be paid by the seller into the housing program, unless stated otherwise. . I I I 4. The maximum resale price shall be calculated as follows (unless specified differently in a recorded deed restriction), The appreciation is calculated using the simple method, not the compounded method. I I I I . 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. . 5. Existing mobile home parkes) converted to the RO category will not have an appreciation cap on the mobile home and/or lot if the unit owners are qualified Pitkin County residents as defmed 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 frorn single-family lots when the land is. being provided as mitigation of employee housing impacts for a development or growth, I I I I The property owner or developer will receive sales proceeds from single-family lots when the land is not being provided as mitigation of employee housing impacts for a developrnent or growth, Aspen/Pitkin County Employee Housing Guidelines AMENDED 01106 Page 35 of 72 SECTION 8 LEAVE OF ABSENCE FOR OWNERS OF EMPLOYEE HOUSING UNITS An owner of an employee-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 Pitkin County for a lirnited 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 commitrnent to retum 10 the Aspen/Pitkin area, Leave of Absence Request Procedure I, A Leave of Absence Request form must be completed and returned to the Housing Office at least 30 days prior to leaving. This form must be obtained from the Housing Office, 2. Notice of such intent to rent and the ability to comment shall be provided to any applicable homeowners' association at the time of request for their input and recommendation. Terms and Conditions: I. The leave of absence shall be up to one year and may, at the discretion of the Housing Office, be extended for one more year, for a maximum of two years, 2, The unit may be rented in accordance with Part II, Section 5, during said elle sr tws year period so long as the Deed Restriction covering the unit permits the rental. A summer Leave of Absence rnay be granted and units rented under provisions of Part II, Section 5. 3, In the event that the rental rate is not set forth in the Deed Restriction, the rent shall be eGtaelisHes at the greater sf eWller's eSGt sr the rent estaelishes in aeeer8aHee willl lIle Guiselines fur units at tHe a""re"riate inesme eaIegary (see Taele IV)chaf2ed based on the owners costs plus $50, For someone who no longer has debt on their unit. the rent would be calculated beginning with the rental amount associated with the Guidelines in effect at the time thev bought the unit. and then appreciated forward per Table VI in the Guidelines. 4, 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 rnonthly basis, plus $50 per month, 5. Prior to the Housing Office's qualification of tenant, said tenant shall acknowledge as part of the lease that said tenant has received, read and understands the homeowners' association covenants, rules and regulations for the unit and shall abide by them, Enforcement of said covenants, rules and regulations shall be the responsibility of the homeowners' association, Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 36 of 72 I I I I . I I I 6. A copy of the executed lease shall be furnished by the owner or tenant to the Housing Office and homeowners' association. 7. Should the homeowners' association recommend denial of the owner's request for a leave, the Housing Office will conduct a Special Review with the owner and horneowners' association representative(s) present. 8, Bona fide reasons for a leave of absence shall be lirnited 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. 9, A short-term rental may be permitted, with the consent of the Housing Office and the Homeowners' Association, to faculty or employees of a non-profit group and who shall be qualified without meeting income and assets only for a short-term rental (three months or less). 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: I. Roommates are permitted as long as the owner is a qualified employee and residing full-time in their unit. I I I 2. The maxirnum rental rate for the room shall not exceed the maximum rental rate permitted under Part VlIl 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. 3, 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 Horneowner's Association covering the unit. The owner must continue to reside in the unit as a sole and exclusive place of residence, The owner shall be deerned 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) consecutive months. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 37 of 72 SECTION 10 CAPITAL IMPROVEMENT POLICY AND MINIMUM STANDARDS TO RECEIVE FULL VALUE AT TIME OF RESALE Capital improvements and upkeep on deed-restricted units are necessary to enhance the longevity of the affordable housing unit. A maximum sales price will be affected, either higher or lower, relating to the condition of the unit and if the unit meets the minimum standard criteria, Any owner wishing to utilize the new capital irnprovement policy will be required to enter into the deed restriction that is currently being used at the time of the request. Units Built After January I, 2004 and Re-Sale Units: An owner will be required to maintain a minimum standard for the unit purchased, See Table I, Minimum Standards for Seller to Receive Full Value. Prior to any sale of a unit, the Housing Office Staff will determine a maximum sales price. The Sales Manager shall conduct an inspection and a list provided 10 the Seller as to the items that will need to be done PRIOR to closing to get full value, The Buyer also has the right to pay for a formal inspection of the unit during the inspection period stated in the Sales Contract. If said inspection reflects items not met on the Minimum Standards for Seller to Receive Full Value table, the Seller shall be required to remedy those items, If the uniI meets the standard criteria, the Property or Unit shall be sold for an amount ("Maxirnum Resale Price") in excess of the lesser of the purchase price: . Plus an increase of three percent (3%) of such price per year from the date of purchase to the date of Owner's notice of intent to sell (prorated at the rate of ,25 percent for each whole month for any part ofa year); OR · An amount based upon the Consumer Price Index (All Iterns, U,S, City Average, Urban Wage Earners and Clerical Workers (Revised), published by the U.S. Departrnent of Labor, Bureau of Labor Statistics) calculated as follows: the Owner's purchase price divided by the Consumer Price Index published at the time of Owner's purchase stated on the Settlement Staternent, multiplied by the Consumer Price Index current at the date of intent to sell; . Plus any approved capital improvements, Homeowners Requesting the Ability to Use this Capital Improvement Policy: If an owner requests to utilize the new capital improvement policy, such owner shall be required to enter into a new, updated deed restriction, Capital improvements can be added to the maximum resale price. A 10% capital improvement rnaximum will be established for each new owner~AlI capital irnprovements will be deoreciated. Certain capital improvements will not be counted as the 10%, Each capital improvernent will depreciate according to the depreciation schedule stated in an approved handbook. The current source is the Marshall Swift Residential Handbook. Any capital improvements associated with health and safety, energy efficiency, water conservation, and green building products will be exempt from the 10% capital improvement cap; however, such capital improvernents shall be depreciated according to the depreciation schedule stated in an approved handbook. Any improvement to bring the unit up to the Aspen Affordable Housing Building Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 38 of 72 I Guidelines will also be allowed as part of the 10% cap, An owner should check with the Housing Office prior to starting the improvement to verify that the cost can be recouped. It will be up to the homeowner to main lain the unit in good condition, This would include, but not be limited to, the condition of the roof, boiler and water heater, and appliances. Educational programs shall be scheduled for existing homeowners' associations and newly developed homeowners' associations as to what their responsibilities are in maintaining the project in good condition, I ' Permitted Capital Improvements 1. The tenn "Pennined Capital Improvement" as used in the Agreement shall only include the following: a. Improvements or fIxtures erected, installed or attached as permanent, functional, non-decorative improvements to real property, excluding repair. replacement and/or maintenance improvements; Improvements for energy and water conservation; Improvements for the benefit of seniors and/or handicapped persons; Improvements for health and safety protection devices (including radon); Improvements to add and/or fInish pennanentlfixed storage space; Improvements to finish unfmished space: Landscaping; The cost of adding decks and balconies, and any extension thereto; and/or Improvements associated with health and safety, energy efficiency, water conservation, and green building products, b, c. d, e, f, g. h, I. ..' 2, Pennined Capital Improvements as used in this Agreement shall NOT include the following: 3, I -3. Jacuzzis, saunas, steam showers and other similar items; b, Upgrades or addition of decorative items, including lights, window coverings and other similar items, c, Upgrades of appliances, plumbing and mechanical fIxtures, carpets and other similar items included as part of the original construction of a unit and/or improvements required to repair and maintain existing fixtures, appliances, plumbing and mechanical fIxtures, painting, and other similar items, unless replacement is energy efficient or for safety and health reasons, All Pennined Capital Improvement items and costs shall be approved by the APCHA staff prior to being added to the Maximum Resale Price as defmed herein, In order to get credit for an improvement where a building pennit is required, the improvement will not be counted unless a Lener of Completion was obtained by the Building Department. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 39 of 72 MINIMUM STANDARDS FOR SELLER TO RECEIVE FULL VALUE . Clean unit . Carpets steam-cleaned two or three days prior to closing . All scratches, holes, burned rnarks repaired in hardwood floors, linoleum, tile, counter tops etc, . No broken or foggy windows . All screens in windows (if screens were originally provided) . All doors will be in working order with no holes . All locks on doors will work . All keys will be provided; e,g" door, mail box, garage . All mechanical systems shall be in working order . Walls paint ready . Normal wear and tear on carpet; if carpet has holes, stains, etc., the carpet and padding shall be replaced or escrow funds at current market value per square foot for a comparable product shall be held at the time of closing to be used by the new buyer . No leaks from plumbing fixtures . No roof leaks . Any safety hazard remedied prior to closing . Satisfaction of radon issue iffound at time of inspection . All light fixtures shall be in working order DEFINITIONS: Clean Unit: All roorns will be cleaned as stated below: . Kitchen: . Range - Inner and outer services will be cleaned, . Range hood and Exhaust Fan . Refrigerator and Freezer - Inner and outer surfaces of refrigerator and freezer will be clean, Freezer will be defrosted. . Cabinets and Countertops - Exterior and interior surfaces of cabinets and drawers will be clean, Door and drawer handles, if provided, shall be clean and in place. . Sink and Garbage Disposal - Sink and plumbing fixtures will be clean. If garbage disposal provided, this must be in working order. . Dishwasher - If provided, must be in working order and inner and outer surfaces shall be clean, . Blinds, Windows, Screens: . Mini-blinds, Venetian Blinds, Vertical Blinds, Pull Shades - Will be clean. . Windows - All window surfaces, inside and outside of the window glass, shall be clean, . Screens - Screens will be clean and in place with no holes or tears. . Closets: Closets, including floors, walls, hanger rod, shelves and doors, shall be clean, Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 40 of 72 . Light Fixtures: Light fixtures will be clean and shall have functioning bulbs/florescent tubes, . Bathrooms: . Bathtub, Shower Walls, Sinks - Bathtubs, shower walls and sinks shall be clean, . Toilet and Water Closet - Water closets, toilet bowls and toilet seats will be clean. If the toilet seat is broken or peeling, the seat shall be replaced, . Tile - All tile and grout will be clean. . Mirrors and Medicine Cabinets - Mirrors and medicine cabinets shall be cleaned inside and out. . Shelves and/or Other Cabinetry - All other shelving or cabinetry shall be cleaned inside and out. . Walls, Ceilings, Painted Doors and Baseboards: PainIed surfaces must be cleaned with care to ensure the surface is clean without damaging the paint. . Floors: Floor cleaning includes sweeping and mopping and could include stripping, waxing and buffing. Types of floor surfaces include wood, wood parquet tiles, linoleum, asphalt tile, vinyl tile, mosaic tile, concrete and carpet. If carpet, all carpets shall be cleaned at least two days prior to closing. . Interior Storage/Utilitv Rooms: Storage/utility roorns shall be cleaned. Properly cleaned storage/utility rooms will be free from odors, removable stains, grease marks or accumulations. I I I Safetv Hazard: Any item that provides a safety hazard shall be fixed. This would include, but is not limited to, exposed electrical wiring, satisfaction of any radon issue found, ventilation for gas hot water system, etc. Walls Paint-Readv: All holes shall be patched; all posters, pictures, etc., shall be removed from all walls; all nails, tacks, tape, etc., shall be removed from all walls; and all walls shall be clean and ready for the new buyer to paint. If wallpaper has been placed on the wall and in good condition, the wallpaper can rernain; if the wallpaper is peeling off, the wallpaper must be removed, Windows: If a window is broken, including the locking mechapism, the window shall be replaced, If the window has a fog residue in the inside, it shall be replaced, I Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 41 of 72 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 Employee Housing Guidelines AMENDED 01/06 Page 42 of 72 I PART VII INFORMATION FOR DEVELOPMENT OF EMPLOYEE HOUSING Private sector development is critical in order to meet our employee housing goals. The Housing Office Operations Manager will track employee 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 employee 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 employee 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 Replacernent 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 rnust meet the minimum occupancy requirements, and all other requirements for the specific category. All other units will be placed in the general housing lottery. SECTION 1 PRIORITIES FOR EMPLOYEE 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: I , I. For-sale type units whereby the average sales price is no higher than Category 3 and the units consist of one-bedroom and two-bedroom units, with associated RO units 2. Family-oriented sales units (Categories 3 and 4) The public secIor priorities for development should be as follows: I. Entry-level rental units consisting of I-bedroom Categories I and 2 2, For-sale units consisting of Categories 2 and 3 l-bedroorn and two-bedroom 3, Family-oriented sales units consisting of Categories 3 and 4 I . The Housing Board has established the following opIions, in order of preference depending on the site location, available to obtain credit for providing deed-restricted employee housing units under the City's or CounIy's Growth Managernent Quota System (mitigation units): a. On-Site Housing Employee housing units locaIed either on the same site as or atIached to the proposed development. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 43 of 72 b, Off-Site Housing - Ernployee 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. c, Cash-in-Lieu or Land-in-Lieu - Payment of an employee 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 EMPLOYEE HOUSING UNITS REQUIRED FOR MITIGATION The following provisions shall apply to all employee-housing units required as mitigation for residential or commercial development. All such employee 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 AspenlPitkin 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, Category I, 2, 3, 4, 5, 6, 7 and Resident Occupied housing as defined in these Guidelines, and as amended from time to time. I. Mitigation Credit: Credit under the Growth Management Quota system may be obtained by any of the following methods or combination thereof: a. Production of new dwelling units deed restricted in perpetuity to rental and sale price terms as defined in these guidelines, b. Conversion of existing dwelling units to deed restricted status by recording a deed restriction in perpetuity upon those units restricting them to the rental and sale price terms, qualification and occupancy requirements of these guidelines (such units may not already be deed restricted by APCHA guidelines), c, 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 rnade 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 employee 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 Councilor Board of County Commissioners, depending on the location of the project. d, Should a proposed development cause the displacement of housing units that are currenIly deed restricted to employee housing guidelines, !flea the aflfllieant shall snly reeeive ere sit fer hSllsing fer the ne),t nllmeer ef emflleyees te Be heuses BY the flFElfJElsed deyeleflmeAt, Fefleetiag the Hl:lffieer t8 be ael:lseel ia the Hew uRits miaus those hellses in the existiBg units, rather than fer heusing the grsss numeer ef emflleyees hellDes in the ne.,: IInits. Emplovee housing mitigation credit of new free market Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 44 of 72 I . I I I I I I . I I I I I I development that is on a site where deed-restricted emplovee housing was demolished is onlv given for the deed-restricted units that are constructed in excess of the deed- restricted units required to replace the deed-restricted units that were demolished, e. The deed restrictions created to obtain credit for employee housing rnay be amended by agreement between the property owner and the City Council upon the recommendation of the Grawth MaRagemeRt CSHlfl'lissisR Planning and Zoning Commission, 2, Unit Location: Employee housing units must meet the "Acceptance of Employee Housing Units" policies set forth in the Housing Board Policy Statements, 3. Unit Size: Employee housing units must rneet the rninirnurn size requirements set forth in Part VII, Section 8. Reductions in the minimum square footage shall be allowed based on the criteria specified, 4, Unit Price: Rental or sales prices shall be no greater than allowable under these Guidelines (Tables III and N), 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, 5. Buv-Down of Existing Units: If the ernployee 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, Future buv-down requests for deed-restricted units shall be acceoted onlv in existing complexes at Category 3 or above, if at all. and shall be reviewed on a case-bv-case basis. In anv new proiects that consist of free-market and deed-restricted units. the homeowners' assessrnents shall be based on the value of the free-market units compared to the deed-restricted units, This language shall be required in the approval and in the Covenants associated with Ihe proiect. No changes to these requirements would be allowed without APCHA's approval. 6, 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. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 45 of 72 SECTION 3 REQUIREMENTS FOR EMPLOYEE HOUSING UNITS IN RESIDENTIAL SUBDIVISIONS I. f.t least ~g~~ ef the aellreema ia aHY rasillealial suBlli\'isiea afJflreved IIAder Ihe City ef ASflea '5 gre',\".h manBt;emeat fepdatieBs shall Be iR ooits restrietea as empleyee hOl:lsiR~. The a~:eFage feRt er sale flRee ef the empleyee heusiag lIaits shall aet elleeed Ihe Categel'}' 2 maximlim amellDts set forth ia these Guilleliaes, and as they Bfe ameaeell frem time te time, 2. .^.llllaits fJre'iillee uAeerlllis Seetiea must meet eae er mere efthe flflerities stalell aaove ia Seetiea -h 3, These reEluiremeats Bfe aet suajeet te as)' t)'fJe efvariaaee ay Sfleeial Review, 1. Ne Resilleat Oeeufliell (RO) lIIlits are fleffilitlell ia the effijlleyee heusiag eemfleaeAt. The requirettients relating to employee housing units in residential subdivisions relates to Section 26.470,C.& & 9 of the City of Asoen Land Use Code and is stated below: . Residential Development - 60 Percent Affordable. The development of a residential proiect. or an addition of units to an existing residential proiect. in which a minirnurn of sixty (60) percent of the additional units and thirty (30) percent of the additional Floor Area is affordable housing deed restricted in accordance with the Aspen/Pitkin County Housing Authoritv Guidelines shall be approved. approved with conditions, or denied by the Planning and Zoning Commission based on the following criteria: a) Sufficient lrrowth management allotments are available to accommodate the uses. pursuant to Section 26.470.030.C. Development Ceiling Levels and Section 26.470.030.D. Annual Development Allotments. b) A minirnurn of sixty (60) percent of the total additional units and thirty (30) percent of the proiect's additional Floor Area shall be affordable housing. Multi-site proiects are permitted. Affordable housing units provided shall be approved pursuant to Section 26.470.040,C.7. Affordable Housing and shall average CategorY 4 rates as defined in the Aspen/Pitkin Countv Housing Authority Guidelines. as amended, An applicant rnay choose' to provide rnitigation units at a lower CategorY designation, c) If the proiect consists of only one (1) free-market residence. then a minimum of one (1) affordable residence representing a minimum of thirty (30) percent of the proiect's total Floor Area and deed restricted as a CategorY 4 "for-sale" unit. according to the provisions of the Aspen/Pitkin Countv Affordable Housing Guidelines. shall qualify. d) The proiect represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvement proposed as part of the proiect. Public infrastructure includes. but is not limited to. water supply. sewage treatment. energy and communication utilities. drainage control. fire and police protection. solid waste disposal. parking. and road and transit services, Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 46 of 72 I I . Residential Develooment - 70 Percent Affordable. The development of a residential proiect. or an addition to an existing residential proiect. in which seventy 170) percent of the proiect's additional units and seventy (70) percent of the proiect's additional bedroorns are affordable housing deed restricted in accordance with the Aspen/Pitkin County Housing Authoritv Guidelines shall be approved. approved with conditions. or denied bv the Planning and Zoning Commission based on the following criteria: a) Sufficient growth management allotments are available to accommodate the uses. pursuant to Section 26.470,030.C. Development Ceiling Levels and Section 26.470,030.D. Annual Development Allotments, b) Seventy (70) percent of the total additional units and total additional bedrooms shall be affordable housing. At least fortv (40) percent of the units shall average Category 4 rates as defined in the Aspen Pitkin County Housing Authoritv Guidelines. as amended. The remaining thirty (30) percent affordable housing unit requirement rnav be provided as Resident Occupied (RO) units as defined in the Aspen Pitkin County Housing Authority Guidelines. as amended. Multi-site proiects are permitted. Affordable housing units provided shall be approved pursuant to Section 26.470.040,C.7. Affordable Housing. An applicant mav choose to provide mitigation units at a lower Category designation. c) The proiect reoresents rninimal additional demand on public infrastructure or such additional dernand is mitigated through improvernent proposed as Part of the proiect. Public infrastructure includes. but is not limited to. water supply. sewage Ireatment. energy and communication utilities. drainage control. fire and police protection. solid waste disposal. parking. and road and transit services. I I I I I I I I I I I I Note: A proiect comprised of one free-market residence. one RO residence. and one Category residence shall be considered meeting the 70 percent unit standard. A proiect comprised of two free-rnarket residences. two RO residences. and two Category residences shall be considered meeting the 70 percent unit standard. I I I I I SECTION 4 REQUIREMENTS FOR EMPLOYEE HOUSING UNITS UNDER THE MUL TI-F AMIL Y HOUSING REPLACEMENT PROGRAM I. The average price of employee housing units required under Chapter 26,530 of the City of Aspen Land Use Code, Multifamily Housing Replacement Program, shall not exceed Category ;!} maximum rental or sales prices as set forth in these Guidelines, and as they are amended /Tom time to time, 2, All units provided under this Section must rneet one or more of the priorities stated above in Section I. 3, These requirements are not subject to any Iype of variance by Special Review. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 47 of 72 4. No Resident Occupied (RO) units are permitted in the employee housing component. SECTION 5 REQUIREMENTS FOR THE AFFORDABLE HOUSING ZONE DISTRICT The requirements for the Affordable Housing Zone District are required bv Section 26,710,110 of the City of Aspen Land Use Code and is stated below: A. Purpose. The purpose of the Affordable HousingjPlanned Unit Development (AH/PUD) zone district is to provide for the use of land for the production of Category affordable housing and resident occupied lots and units. The zone district also permits a limited component of free market lots/units to off-set the cost of developing affordable housing. It is contemplated that land may also be subdivided in connection with a development plan, The AH/PUD zone district is intended for residential use primarily bv permanent residents of the communitv. Recreational and institutional uses customarilv found in proxirnitv to residential uses are included as conditional uses. Lands in the AH/PUD zone district should be scattered throucllOut the City to ensure a rnix of housing lYpes. including those which are affordable bv its working residents: at the same time the AH/PUD zone district can protect the City's neighborhoods from rezoning pressures that other non-communitv oriented zone districts may produce. Further. lands in the AH/PUD zone district should be located within walking distance of the center of the City. or on transit routes. B. Permitted uses. The following uses are permitted as of right in the AH/PUD zone district: I 1. Residential uses restricted to Category affordable housing guidelines and resident occupied units which complv with the following requirements: a, Minimum Bedroom Mix, A minimum of seven tv vercent (70%) of the proiect's total bedrooms shall be deed restricted affordable housing consistent with the Affordable Housing Guidelines. The mix between categories of housing shall be consistent with the Affordable Housing Guidelines. The remaining bedrooms that are not deed restricted to affordable housing may be free market residential units, b. Permissible reduction in bedroom mix for exernplarv proiects, A proiect maY be eligible for a reduction of the minimum affordable housing bedroom mix requirement to a level of sixtv percent (60%) of the proiect's total bedrooms if the applicant can dernonstrate to the satisfaction of the City Council that the proiect meets the requirements for an exceptional proiect as set forth in the Affordable Housing Guidelines. 2. 3. 4. Home occupations: Accessorv buildings and uses: and Accessorv dwelling units meeting the provisions of Section 26.520, Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 48 of 72 C. Conditional uses. The followings uses are permitted as conditional uses in the Affordable Housing (AR) zone district. subiect to the standards and procedures established in Chapter 26.425: I I. 2. 3. 4, 5, Park and open use recreation site: Child care center: Satellite dish antennae: Dormitorv: and Transit facilities. D. Dimensional requirements. The following dimensional requirements shall be established bv adoption of a Final PUD Development Plan and shall applv to all permitted and conditional uses in the Planned Unit Developrnent: I I I I I. Minimum Lot Size. 2. Minimurn Lot Area per dwelling unit. 3. Maximum allowable density. 4, Minimum 101 width. 6. Minimurn front yard. 7. Minimum side yard. 8. Minirnum rear vard. 9. Maximum site coverage. 10. Maximum height (including view planes). II. Minimum distance between buildings on the lot. 12. Minimum percent open space required for the building site, 13. Trash access area, 14, Allowable Floor Area. 15. Minimum off-street parking spaces, 16. Other dirnensions determined necessary to establish through the PUD process. I I I I Note #1: The maximurn allowable density permitted in this zone shall be established by adoption of a Final PUD Development Plan. by using the following table applied to the proposed fathering parcel as a l!Uide: Unit Type Minimum Lot Area. per dwelling unit (square feet) Dormitorv 300 Studio 400 One Bedroom 500 Two Bedroorn 1000 Three Bedroom 1500 3+ Bedrooms 500 !Bedroom Aspen/Pitkin County Employee Housing Guidelines AMENDED 01106 Page 49 of 72 Note #2: The allowable floor area oermitted in this zone shall be established bv adootion of a Final PUD Develooment Plan bv using the following table aoolied to the orooosed fathering oarcel as a guide: Fathering oarcel Lot Area" Allowable Floor Area Ratio 0-15.000 square feet 1.1 :1 15.001--25.000 square feet Ll 25.001-43.560 square feet .8:1 > 1 acre 3 acres ,6:1 >3 acres--6 acres .36:1 >6 acres .3:1 · Lot Area as defined in the Land Use Code. (Ord. No. 55-2000. & 22) The felle'::in~ ref{1::liFemeflts Bpply 10 em131eyee floHsmg HRits in SHY :\ffsfelable HsasiRg Zeae Dist:riet ~mj eet that iaellldes Hee Hlarlcet lII1its. I. Fer eHlllle)'ee helwillg aevelellHlellts, tAe develeller sAall Ilre'Ade at least a 79% eHl]31e)'ee AellsiBg'30~~ !fee HllIl'llet eeHlllellellt. ifl tA" eHlllle)'e" hellsiag Hli)[, at least 40K efllle lII1its HllISt 8e eate;;sf)' units ....:ith 8ft a';eFage fJriee Het t8 e](eeea the ffiBJlllHtim priee sf CategsFY 1. l. mix of "ategenes is IlrefCl'fed. Thirt)' Ilereeat (30~q ef the eHl]3le)'ee Aellsillg lIflits Hla)' ee elassitiea as Resiaeat Oeeulliea. lIewever, elll)' 3(Wo ef a Ilfejeet's seareeHls Hla)' ee leeatea witAill free Hlar-lcet lIaits. Categer)' hellsiag BIld Resiaellt Oeeulliea lIIlils HlUst eeHljlnse 70% ef the seareeHl milL Pmjeets Hla)' ee eOffi13RSea €If all eategery deed restrietea Sf resideRt eee\:1fJiea HRits. In the event that ae free mar-IEet ae'/elellHlellt is ~relleSea as Ilart ef tAe Ilr~eet, tne liHlilatiell eR ResiaeRt OeeUlliea units aRa eeareeHl Hlill sAall Ret allllly, In order to be eligible for a reduction in the requirement to the level of 60% Employee 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); 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; . I I . . . . Aspen/Pitkin County Employee Housing Guidelines AMENDED 01106 Page 50 of 72 l I I . The proposed project represents an exceptional commitment to advancing the visions, goals and specific actions items of the Aspen Area Conununity Plan, particularly those addressed in the scoring criteria under the Growth Management Quota System as stated in the City of Aspen Municipal Code; and No RO units are included in the project; only category units are included in the project. I I I . . I In any mixed project that contains an employee housing and a free market cornponent, as a condition of condominiumization or subdivision righIS, 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 employee-housing component will be responsible to pay. Homeowners' dues can be based on a sliding scale based on the square footage of the unit, the number of bedrooms, the cost of the home, or one fee across the board, This will be decided upon at the time of final approval for the development and incorporated into the Declaration of Covenants. All projects thaI involve an employee-housing cornponent shall provide all documents to the Housing Office for review and approval. All units provided under this Section rnust rneet one or more of the priorities stated above in Section I, SECTION 6 DEDICATION FEE FOR EXEMPT SINGLE-FAMILY HOME AND DUPLEX UNITS See Part VII, Section 12, Employee Housing Dedication Fee (payment-in-Lieu Fee) under these Guidelines, SECTION 7 RESIDENT OCCUPIED UNITS I I This category was created to offer the private sector an incentive to produce employee 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 limited to, Smuggler Park Subdivision, Aspen Village, and the AABC Rowhouses. Williams Ranch contains 10 "RO Category 5" units, which limits gross income to $181,000 and net assets to $424,000, RO Units shall meet the following criIeria: 1, No income requirements, but the total net assets cannot exceed $900,000. 2, Initial Sales Price will be set by the developer. I I I I 3, Maximurn Resale Price/Appreciation: The maximum resale price is the purchase price plus 3% or the Consumer Price Index (CPI) appreciaIion, whichever is less (sirnple, not compounded) of the purchase price for each year or portion thereof, that the unit is owned, Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 51 of 72 4, 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, I I I 5, Ernployment Requirement: Applicants must demonstrate that they are qualified employees and that they have four years of consecutive full-time employment, as defmed by the Guidelines, in Pitkin County immediately prior to application, Individuals who are retired are required to demonstrate that they were qualified ernployees based upon the definition in these Guidelines for four years immediately prior to their retirement. 6, Prirnary 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, 7, Income/Earnings: Applicants must demonstrate that their income/earnings are earned prirnarily in Pitkin County (75%), Applicants must demonstrate that they pay Colorado Income Tax as a Colorado resident. 8. The owner cannot own any other developed residential property in Eagle, Garfield, Gunnison or Pitkin Counties, or rnust list for sale, at cornpetitive prices, the residential real estate or mobile home prior to or sirnultaneously with closing on the RO unit. Such other developed propertv must be sold to another buver within 180 days, otherwise. said deed-restricted propertv rnust be sold as stipulated in the deed restriction, 9, 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 2.+% of the sales price. 10, All other Qualification reQuirernents as stated in Part Ill. Section I. 1 through 4. I!(l. Each owner shall be required to prove cornpliance 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 tirne, by completing the Compliance Affidavit, and providing documentation when requested, , SECTION 8 NET MINIMUM LIVABLE SQUARE FOOTAGE FOR NEWL Y DEED RESTRICTED EMPLOYEE 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 Aspen/Pitkin County Employee Housing Guidelines AMENDED 01106 Page 52 of 72 I I I adju,<t 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 AL"lD INCOME CATEGORY I I I Unit Type Studio I Bedroom 2 Bedroom 3 Bedroom Single-Family Detached Categories 1 & 2 Square Feet 400 600 850 1,000 1,100 Categories 3 & 4 Square Feet 500 700 950 1,200 1,400 Categories 5 & 6 Square Feet 600 800 1,000 1,300 1,700 Category 7 Square Feet 700 900 1,100 1,400 1,900 I I In order to calculate mitigation reQuirernents. 400 square feet of employee housing units shall be used to equate to one full-time emplovee in determining the required employee housing mitigaIion for the free- market residential cornoonent of a mixed use development. Net Livable Square Footage (see Definitions) calculations are required for the employee housing component of a project. The Community Development Departrnent prior to issuance of any building permits for either the free market or employee 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 employee 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 caIegory minimum will be allowed. . Significant storage - additional storage outside the unit; . Above average natural light - rnore 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 Developrnent Review Committee referral. Staff comments will be used in developing Ihe project's approval ordinance, Applicants will be allowed to appeal decisions to the Housing Board, followed by City Councilor the BOCC. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01106 Page 53 of 72 SECTION 9 MAXIMUM SALES PRICES FOR NEWLY DEED RESTRICTED EMPLOYEE LOTS AND HOUSING UNITS Table III sets forth the maxirnum sales price for newly deed-restricted employee housing units and employee lots to the initial purchaser. The rnaximum resale price of a unit shall be controlled by the Deed Restriction covering the unit executed by the initial purchaser upon closing of the initial purchase, TABLE III - MAXIMUM UNIT SALES PRICES Unit Tvoe Category I Category 2 Category 3 Category 4 Studio $35,000 $79,000 S 132,000 $224,000 I Bedroom $44,000 S95,000 $145,000 S239,000 2 Bedroom $53,000 SI17,OOO $172,000 S266,000 3 Bedroom S62,000 $144,000 $199,000 $293,000 SF Detached $75,000 $171,000 S226,000 S3 I 8,000 SF Lot N/A N/A N/A N/A Unit Tvoe Category 5 Category 6 Category 7 Category RO Studio $313,000 $349,000 $391,000 N/A I Bedroom $339,000 $375,000 S417,000 N/A 2 Bedroom $366,000 $402,000 $444,000 N/A 3 Bedroorn S391,000 $427,000 $470,000 N/A SF Detached $418,000 S454,000 $496,000 N/A SF Lot $91,000 $127,000 $130,000 $159,700 NOTES: I. Single-family lots shall be developed with homes of three bedrooms or larger and shall be prioritized for lottery as set forth in Part III, Section 6 herein. 2. Category 1, 2, 3 and 4 single-family lots are not allowed. Lot prices for Category 5 through RO include the cost of access and utilities for the lot as set forth in Part VIT, Section 13 herein. 3. Sale units will be offered for sale through the Housing Office to all qualified persons under the procedures established by the Guidelines, 4, Persons employed by an owner/operator shall be given first priority to purchase employee-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 unites}. 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. (Employee 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, Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 54 of 72 I I . 5. Newly deed restricted ernployee-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 unit must be inspected and approved by a certified building inspector, architect or engineer approved by the APCHA, Cost of such inspections shall be the responsibility of the applicant. The APCHA must approve the results of the inspection. I I I I SECTION 10 MAXIMUM MONTHL Y RENTAL RATES FOR NEWLY DEED RESTRICTED EMPLOYEE HOUSING UNITS Table IV sets forth the maximum monthly rental rates for newly deed-restricted employee housing units, The rental rates apply and shall be in effect for a twelve (12) rnonth period from the commencement date of the initial lease, Thereafter; the maximurn monthly rental rate may be increased only to the extent that the Guidelines then in effect permit. TABLE IV MAXIMUM MONTHLY RENT Unit Tvoe Category 1 Category 2 Category 3 Category 4 RO Studio $421 $748 $1,117 $1,482 $2,032 I Bedroom 519 879 1,245 1,626 2,176 2 Bedroom 615 1,009 1,377 1,757 2,307 3 Bedroorn 713 1,129 1,510 1,889 2,440 SF Detached 813 1,273 1,639 1,952 2,503 NOTES: I. Units constructed prior to the effective date of these Guidelines shall charge rents that do not exceed those set forth in Part vrn, Table VI. 2. Rental rates shall apply whether the units are provided furnished or unfurnished. 3. Rental rates in Table IV include, and may not be increased to pay for, the cost of utilities in common areas, condominium dues, rnanagement costs and taxes. In the event that utilities are commonly metered, a charge to the tenant rnay be made in addition to the maximum rents in Table IV for the tenant's share of such utilities attributable to the tenant's net living area. Tenants shall be responsible for individually metered utilities, 4. Prior to occupancy of a deed restricted rental unit, the Housing Office must qualifY the tenant. All verification required under these Guidelines rnust be provided, The tenant must provide the owner/landlord with proof of verification and qualification by the Housing Office prior to occupancy. The owner shall be required to provide a copy of the lease agreement to Ihe 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 Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 55 of 72 consecutive months, Tenant shall provide an executed copy of the lease to the Housing Office prior to occupancy, 5, Persons ernployed by an owner/operator shall be given fIrst priority to rent employee housing units associated with a lodge, agricultural operation, or commercial development, when ownership has been retained by the owner/operator of the development. Ernployees must meet the Housing Office's Guidelines for occupancy, income and assets criteria in order to qualify to occupy the unites), In the event there are no persons directly ernployed by the owner who qualify, the unit shall then be offered to other qualified persons according to the Guidelines. (Employee Housing [AH] Zone development is exempt from this section,) 6, All newly deed restricted employee housing rental units must comply with the Uniform Building Code and with all rules, regulations and codes of all governmental bodies and agencies having jurisdiction, The owner of employee housing rental units, at its cost and expense, must keep and rnaintain 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 employee 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 dormitoryllodge units must satisfy all requirements of the applicable Guidelines and shall be required to meet the following minimum standards: I, Occupancy of a dormitory unit shall be limited to no more than eight persons, 2, There shall be 150 or greater net livable square feet of living area per person, including sleeping and bathroom, For purposes of this requirernent, Net Livable square footage shall not include interior or exterior hallways, parking, patios, decks, cooking, lounge used in common, laundry roorns, rnechanical 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, 4, 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. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 56 of 72 I I 5, A kitchen facility or access to a common kiIchen 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. I I I 6, Use of 20 net leasable square feet per person of enclosed storage area located within, or adjacent to, the unit. 7, A manager's or assistant rnanager's rent shall be calculated based on the income category of the respective manager. 8. 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 EMPLOYEE HOUSING DEDICATION FEE (Payment-In-Lieu Fee) I. 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 employee housing requirement by payment of an ernployee housing dedication fee (payment-in-lieu fee), The number of employees (ernployee 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 ofa 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. 2, All County fees shall be paid to the Pitkin 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 Developrnent 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 genera led will be dictated by the applicable City and County codes or included 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 districIs. I 3. Payment-In-Lieu Fee: Category 1 Category 2 Category 3 Category 4 S252,244 S211,045 S199,132 S124,307 The fee required for the construction of an exempt single-family home or duple.r: unit shall be calculated as follows: Average of the Category 2 and Category 3 payment-in-Iieu fee as stated in the Tabte above, divided by 3,000 square feet X the net increase in FAR of the new structure will equal the payment-;n-lieu payment for replacement structures. The formula assumes that for every Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 57 of 72 3,000 square feet of new singte-family or duptex floor area, the public wilt be required to provide housing for one moderate income employee. Currendy, that amount is $211,045 + 5199.132 + 2 = 5205,089 + 3,000 ~ 568.36 per square foot of new structure. When any other payment-in-lieu fee is required and the category is not specified, an average of Category 2 and 3 will be used to calculate the amount owed. 4, Deferral of the Employee Housing Impact Fee: If the owner of a single-family or duplex unit for which an employee 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 tirne as the dwelling unit is sold to a buyer who is not a qualified working resident. Furthermore, the amount of the irnpact fee that was deferred shall be recalculated at the tirne 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 docurnent, signed by the owner or owners of the subject dwelling unit, approved by an APCHA representative and the Community Development Departrnent 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/I 50 sq, ft, 1.25 ernployees 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 employee-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, I, 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 type without requiring unusual excavation, foundation work or accommodation of other unusual conditions shall accornpany the conveyance. Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 58 of 72 2, AJllots shall be conveyed to the Housing Office concurrenI with recordation of final plat for the project. 3, 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 I above. Improvements as noted in number I above, shall be completed within one year from the date of conveyance of the property to the Housing Office, 4. The Subdivision Improvements Agreement and the Protective Covenants shall incorporate the . conditions stated in I, 2 and 3, directly above this paragraph, SECTION 14 DEED RESTRICTING EXISTING DWELLING UNITS I. Pursuant to the applicable City or County Land Use Codes, an applicant for a development, under certain conditions and subject to certain requirernents, may satisfy the employee 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. 2, 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 governing body upon the recommendaIion of the APCHA): a. The interior walls of all units must be freshly painted. b, The interior Appliances must be purchased within the last five years and be in good and working condition. I I I I I 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. f. Windows, heating, plumbing, electrical systerns, 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, I h. All units shall meet the InternaIional Building Code minirnum standards, any applicable housing code or, in the absence of an adequate code, the housing code accepIable 10 the APCHA. " Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 59 of 72 l. All units shall be approved by the APCHA and verified by a qualified Building Inspector accepted and approved by the APCHA. J. Applicant shall bear the costs and expenses of any required upgrades to rneet 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 RESTRICTIONS BY APPLICANTS Deed Restrictions must be submitted by the applicant to the APCHA according to the following time schedule: 1, Conditional Use Applications - Prior to issuance of any ellileliRg pcrmitflllal buildinl! inspection or certificate of occupancv for a caretaker or accessory dwellinl! unit !>f9,jeet, the APCHA shall have an approved, executed and recorded Deed Restriction for the required commitment by the applicant. For any other proiects. specifically new subdivisions, new employee-housinl! proiects. new developments reauirinl! filinl! a condominium plat. the deed restriction must be recorded simultaneously with the Final Plat. but prior to Certificate of Occupancv. 2, Growth Manal!ement Plan Applications - Prior to issuance of any euileliRg permit final buildinl! inspection or certificate of occupancy 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 unites), (i.e" net livable square footage). The amendment will then be executed and recorded, with the original returned to the APCHA. 3. Others - Prior to issuance of aR)' 1311ihliRg permilfinal buildinl! inspection or certificate of occupancv 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 unites) (i.e., net livable square footage). The amendment will then be executed and recorded, with the original returned to the APCHA for their files, Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 60 of 72 SECTION 16 MAXIMUM VACANCY I I I 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. rfthe owner exceeds the forty- five day limit without APCHA approval, then the APCHA will place a qualified employee by advertising the vacancy in the classified section of the local newspaper on Mondays and Tuesdays, Any interested party rnay sign up for that unit in the Housing Office. The sign-up for an advertised unit ends at 3:00 p.m, that following Wednesday. Staff reviews the sign-up list and contacts Ihe household with the most years worked full-time in Pitkin County. The interested applicant must provide proof of their work history in Pitkin County for all the years stated on the sign-up sheet. I I I I I I . . Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 61 of 72 PART VIII MAXIMUM ANNUAL RENT INCREASE FOR EXISTING DEED RESTRICTED RENTAL UNITS The maximum rnonthly rent for an existing employee housing unit is calculated using the maximurn monthly rent permitted under the Guidelines in effect at the time the unit was first occupied, The rent is increased each year by the maxirnum percentage permitted by the Guidelines. I Maximum rent increases allowed for existing units are as follows: , I I I I I I I I 1 I I I I I I I I I TABLE VI PERMITTED INCREASE IN MAXIMUM RENT FOR EXISTING EMPLOYEE HOUSING UNITS Year Increase Year Increase Year Increase 1978-1982 0.0% 1992 2,0% 2000 1.08% 1983 6,6% 1993 1.2% 2001 1.40% 1984 5,0% 1994 1,0% 2002 1,63% 1985 3.3% 1995 1.1% 2003 2.15% 1986-1988 0,0% 1996 ,99% 2004 1.6% 1989 4.7% 1997 1.31% 2005 3.0% 1990 3,0% 1998 ,73% 2006 3,0% 1991 0.0% 1999 .54% I The 3.0% increase is based on the lesser of the percentage change in the Consumer Price Index (Urban Wage Earners), November 2004 - November 2005, or 3%, whichever is less, The index increased at the rate of 3.7% during this period, but because the increase is 3% or the CPI whichever is less, the increase is 3% for this period of time, 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 running 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 Employee Housing Guidelines AMENDED 01/06 Page 62 of 72 PART IX GRIEVANCE PROCEDURES I I I I I 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 rights, duties, welfare or status, A grievance may be presenIed to the Housing Office Board of Directors under the following procedures, I I I I I I I. FILING A GRIEVANCE A. Any grievance must be presented in writing to the Housing Office, It rnay be simply stated, but shall specify: I) the particular ground(s) upon which it is based; 2) the action requested; and 3) the name, address, telephone number of the complainant and sirnilar information about his/her representative, if any. B. Upon presentation of a writIen grievance, a hearing before the Housing Office Board of Directors shall be scheduled for the next scheduled Board rneeting, The matter may be continued at the discretion of the Board. The complainant 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 10 examine and, before the hearing 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 writIen request may not be relied upon at the hearing. D. The complainant has the right to be represented by counsel. Aspen/Pitkin County Employee Housing Guidelines II. CONDUCT OF THE HEARING A. If the complainant fails to appear at the scheduled hearing, the Board may make a determination to postpone Ihe hearing!!! 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 right 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 cany out the decision, I I I AMENDED 01106 Page 63 of 72 PART X DEFINITIONS Accessorv 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 City of Aspen Land Use Code, Chapter 26.520,070. I Affordable/Emplovee Housing - Dwelling units restricted tol the housing size and type for individuals meeting asset, incorne 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. AspenlPitkin County Housing Authoritv - APCHA and/or Housing Office. Assets - Any thing owned by an individual that 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 rneets applicable City or County International Building Code requirements for light, ventilation, sanitation and egress, Buv down Unit - Free-market that the government (Aspen, Pitkin County, Housing Office) and/or private sector acquired and deed restricted to employee housing. Capital Improvements - Unless otherwise defmed in the Deed Restriction covering the employee housing unit, any fixture erected as a permanent irnprovement to real property excluding repair, replacement, and rnaintenance costs, Aspen/Pitkin County Employee Housing Guidelines 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 - Incorne limits, sales prices or maximum rental rates as determined by the APCHA according to household income and net assets. Consumer Price Index (CPO - 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 (CP1-W), All Items (/967=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 prornissory 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 "dependent" is either a "Qualifying child" or a "Qualifving relative." Generallv. a "Qualifying child" is: (a) a child (including stepchild. adopted child. or eligible foster child). or a sibling (or stepsibling) of the taxpaver. or a descendant of either; (b) has resided in the principal abode of the taxpaver for at least 100 days out of a calendar year; (c) has not attained age 19 (or is a student who has not attained age 24 as of the end of the vear): and (d) has not provided more than half of his or her suPPOrt for that vear. A child who does not satisfv the Qualifying child definition mav be a "aualifvine. relative." AMENDED 01/06 Page 64 of 72 I I I I Generallv. a "qualifying relative" is an individual who: (a) is a child (including stepchild. adopted child. or eligible foster child). a sibling (including stepsiblings). the taxpayer's father or mother or an ancestor of either of them. a stepparent. a niece or nephew. an aunt or uncle. certain in-laws of the taxpayer. or an individual. other than a spouse. who resides in the principal abode of the taxpayer and is a member of the household: (b) has l!fOSS income in the relevant calendar year not exceeding the exernPtion amount ($3.200 for 2005): (c) receives more than half of his or her support for the year from the tax paver: and (d) is not a qualifving child of any other taxpayer for the calendar year. f. miRer ehils (18 ycafS er yeuRger) er ether Felatiye sf the feBler Of s'::aer of an empIeyee H0lisiag Hail. ':;hieh €hilEi or relatj';e is taileR ana liDtes a5 a sepeRseRt for feseml iRcome ta)( tHiFj30ses 13y SlieR reater aT o'.\,tler aT his aT her preseRt er fORRer spouse (sais sepellseRI must also Be relates BY Blees er asoptieR). In the case of divorced families with children, to obtain a bedroom, each child shall be used once for proving minimum occupancy, Should boIh parents enter the same lottery. the top winner only shall be allowed to purchase the unit; the other parenI 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, I I Disabled Person - f. peFSOR whe meets the sefinitieR ef "insi'.-idual with a disQBility" eClBtaiaea iR aeeHmeatatioR leeated ffi the Housillg Office ll/lS eetaiRes BY the Stale ef Celeraso. See definition for Handicap, Dormitory - A structure or portion thereof under single managernent that provides group sleeping accommodations for occupants in one (I) or more rooms for compensation, Standards for use, occupancy, and design of such facilities shall be approved by the APCHA. See Part III, Sec, 4, Emergencv Worker - An employee or volunteer (on call 24 hours/day, 7 days a week for human, Aspen/Pitkin County Employee Housing Guidelines life threatening emergencies) of a community based organization that provides on-scene assistance giving personal care to victirns, including, but not limited to the following: Fire Department Workers, Mountain Rescue, Sheriffs Deputies, Police Officers, Hospital Emergency Roorn 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 Part I, Section I, #8 and Part III, Section 6, Exeptions). Emplovee/Qualified Resident/Buver - A person who is employed for an employer as defined below on the basis of a minirnurn of 1,500 hours worked per calendar year in Pitkin County, which averages 35 hours a week, 10 months a year; or 32 hours a week, II months a year, physically working in Pitkin County and rnust reside in the unit a minimum of nine (9) rnonths out of the year, If self-employed, the worker must provide verification of the work done in Pitkin County, Em plover (Pitkin County Emplover) - A business whose business address is located within Aspen or Pitkin County, whose business ernploys employees (as defined herein) within Pitkin County, who work in Pitkin 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, I I I I AMENDED 01/06 Page 65 of 72 I Employee (Non-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 Dwellinl! 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 Housinl! See definition for Affordable/Employee 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 rnember 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 Employee Housing Guidelines Fixture - I) 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 systern 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 or interest, where the person has management rights 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. Handicap - With respect to a person. a physical or mental impairment. which substantiallv limits one or more maior life activities: a record of such impairment: or beinl! regarded as havinl! such impairment. This term does not include current. illegal use of or addiction to a controlled substance. For purooses of these l!Uidelines. an individual shall not be considered to have a handicap solelv because that individual is a transvestite, Further explanations of "phvsical or mental impairment". "maior life activities". and "has a record of such an impairment" can be found in the APCHA Office. Household - All individuals who will be occupying the unit regardless of legal status and/or a married couple. whether both will be living in the unit or not. AMENDED 01/06 Page 66 of 72 I I I I I I I 1 I Household Net Assets - Combined net assets of all individuals who will be occupying the unit regardless of legal staIus, 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, I I I I I In-Complex (In House) Bid - Priority bid granted to person(s) having lived in their unit in a given complex for a minimum of one year, If a new project is built in phases, the in-complex priority does not go into effect until all employee housing phasing of the project is completed, Joint Tenancv - 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, I Kitchen - For Accessory Dwelling Units and Caretaker Dwelling Units, a minimum of a two- burner stove with oven, standard sink, and a ffiinimliffi a elisie feat refrigerator plus freezer, The oven must be able to bake and broil and be at least 5 cubic feet: the sink must measure at least 14"WXI6"DX5.25"H: refrigerator rnust be at least 5.3 cubic feet and include at least a .73 cubic foot freezer. I I I Leasehold Interest - A less than fee simple estate that a tenant possesses in real property. Lotterv - A drawing to select a winner from equal applicants of highest priority. Maximum Bid Price - Unless otherwise defined in the Deed Restriction covering the unit, the owner's purchase price multiplied by the appreciaIion (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 Occupancv -' One person (wiIh a leasehold/ownership interest) per bedroom, A Aspen/Pitkin County Employee Housing Guidelines minor child or dependent shall be granted equal status as a person with leasehold/ownership interest. In a two adult household, both adults rnust be working in Pitkin County in order to qualify for an additional bedroom, Mortgagee - A lender in a mortgage loan transaction. Mortgagor - A borrower m a mortgage loan transaction. Net Assets - Gross assets minus liabilities. Retirernent accounts will be reviewed on a case- by-case basis to determine whether or noI they shall be included as a net asset. Net Livable Square Footal!e - Is calculated on interior living area and is measured interior wall to interior wall, including all interior partitions, Also included, but not limited 10, 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. Nondiscrimination Policy - APCHA shall not discriminate against anyone due to race, color. creed. religion. ancestry, national origin. sex. age. marital status. physical handicaps. affectional or sexual orientation. family responsibilitv. or political affiliation. resulting in the unequal treatment or separation of any person. or deny. prevent. limit or otherwise adverselv affect. the benefit of eniovment by any person of ernplovment. ownership or occupancv of real propertv. or public service or accommodations, On-Site / Off-Site - Location of deed resIricted 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 frorn a lender. AMENDED 01/06 Page 67 of 72 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 improvernents 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 renter 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 disaele<lhandicapped 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 ernployee housing must meet bi-annually to ensure continued eligibility, Resale Al!reement - A contract entered into between the Housing 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 Al!e - 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 rnaintain ownership/occupancy of his/her unit. Aspen/Pitkin County Employee Housing Guidelines Roarinl! Fork River Drainal!elRoarinl! Fork Y;illn: - 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 and includinl!. but not limited to. the towns of Aspen. Snowrnass Villal!e. Woodv Creek. Snowmass. Basalt. Meredith. El Jebel. Carbondale. Redstone. Marble. Glenwood SPrinl!S" Seasonal Emplovee - 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 August). Self-Emploved: You are self-employed if you carry on a trade or business as a sole proprietor or an independent contractor: you are a member of a partnership that carries on a trade or business: you are otherwise in business for yourself: and you work for profit or fees. You must show a profit on an income tax return at least three out of everv five years, The trade or business is required to provide l!oods and services to individuals. businesses or institutional operations in Pitkin County. 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 systern: financial and asset limitations; verifications and qualifications; self-employment financial considerations; occupancy; admission; etc, Storal!e Space - Space intended and commonly utilized as location for preservation or later use or disposal of items. To be used for storage purposes only and shall not contain plumbing fixtures or mechanical eouiprnent that suPPOrt the principal residential use. AMENDED 01/06 Page 68 of 72 I I Student - A student enrolled in an accredited school full-time. and/or an intern who is a student or recent graduate undergoing suoervised oractical training full-time and working in a ternoorarv caoacity for a Pitkin County business: and/or a full-time combination of work in Pitkin Countv and school: such student shall be 18 years of age or older. I I I I I Tenancv In Common - Co-ownership in which individual holds an undivided interest in real property as ifhe 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. I I Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 69 of 72 I I I I I I I I APPENDIX A MAXIMUM INCOMES BY CATEGORY (January 2006) I Maximurn rental incomes are different than maxirnum sales incomes, Due to the nature of the working adult in Pitkil) 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 nurnber of adults and th~ bedroom mix. Maximum sales incomes are not attributed to the number of bedroorns, but will remain the sarne 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. No, Of Adults Maximum Incomes for RENTAL Units Only (See Income Verification, Part II, Section 2, No. I) Cate 0 I Cate 0 2 Cate 0 3 One Adult Two Adults Three Adults Net Assets not in Excess of S30,000 44,000 52,000 100,000 S47,OOO 70,000 82,000 125,000 S76,000 114,000 133,000 150,000 Maximum Incomes for SALES/OWNERSHIP Units Only (See Income Verification, Part III, Section 2, No. I) Cate 0 I Cate 0 2 Cate 0 3 $30,000 S47,000 S76,OOO 37,500 54,500 83,500 45,000 62,000 91,000 52,500 69,500 98,500 100,000 125,000 150,000 No, Of De endents o Dependents I Dependent 2 Dependents 3 or More Dependents Net Assets Not in Excess of Cate 0 4 $123,000 184,000 214,000 175,000 Cate 0 4 $123,000 130,500 138,000 145,500 175,000 Maximum Incomes for SALES/OWNERSHIP Units Only (See Income Verification, Part III, Section 2, No. I) No. of Dependents Category 5 Category 6 Category 7 Category RO o Dependents S132,OOO SI45,OOO $159,000 N/A I Dependent 139,500 152,500 166,500 N/A 2 Dependents 147,000 160,000 174,000 N/A 3 or More Dependents 154,500 167,500 181,500 N/A Net Assets Not in Excess of 200,000 225,000 250,000 $900,000 Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 70 of 72 I I I I I I I I I I I I I APPENDIX B CHART OF PRINCIPAL OWNERSHIP PROJECTS PROJECT NAME No. & Type of Units Max. Income Category Required Residency 1000 East Hopkins 3 2-Bedroom Units Category 4 Per Guidelines AABC Pitkin Park Place 14Condos-I,2&3 Bedrooms Category I, 3 & RO Per Guidelines AABC Rowhouses 12 T ownhomes No Income Guidelines See Covenants Alpine Cottages 10 T ownhomes Category 4 and RO Per Guidelines Alpine Grove I 2-Bedroom Category 3 Per Guidelines Annie Mitchell Homestead 39 I-Bedrooms Category 2 & 3 Per Guidelines Aspen Highlands Village 67 Units Category I, 2, 3 & 4 Per Guidelines Aspen Village Subdivision 150 Units Resident Occupied See Deed Restriction Aspen West #5 I 2-Bedroom Category 3 Per Guidelines Bavarian Inn Condos 19 Studios 1,2 & 3 Bedrooms Category 2, 3 & 4 Per Guidelines Benedict Commons 27 Studios & I-Bedrooms Category 2, 3 & 4 Per Guidelines Billings Place 7 Studios, 2 & 3 Bedrooms Category 2, 3 & 4 Per Guidelines Castle Creek Valley Ranch 4 Single-Family Homes Category 4 Per Guidelines Cemetery Lane (City) 3 Duplex Units RO - City of Aspen Employment City of Aspen Emp. Centennial 92 Studios, 1,2 & 3 Bedrooms Category 4 Per Guidelines Chapparral Ranch J SFH, 4 2-Bedrooms (2 duplexes) Category 4/5 Employees of Ranch Cipriano-Taylor 1 Duplex Unit RO Per Deed Restriction Common Ground 21 T ownhomes (land lease) Category 2 & 3 Per Guidelines Cunon Condos I 3-Bedroom Category 4 Per Guidelines East Cooper (1230) I Single-Family Home Category 4 Per Guidelines East Cooper Coun 2 Single-Family Homes Category 3 & RO Per Guidelines East Hopkins 4 T ownhomes Category 4 Per Guidelines East Owl Creek 4 Single-Family Homes Category 4 Per Guidelines Fairway III 30 Townhomes Category 4 Per Guidelines Five Trees 31 Single-Family Homes Category 3 & 4 Per Guidelines Highland Villas 162-Bedrooms Category 4 Per Guidelines Hopkins Roan 2 I-Bedroom & 2-Bedroom Category 3 & 4 Per Guidelines Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 71 of 72 PROJECT NAME No. & Type of Units Max. Income Category Required Residency Hunter Creek 79 Condominiwns Category I, 3 & 4 Per Guidelines Juan Street 6 Units: 2 Duplexes, 2 SFH Category 3 & 4 Per Guidelines Lacet Court (East Cooper) 14 T ownhomeslSFH Category 3, 4 & RO Per Guidelines Lazy Glen 100 Mobile Homcsl Own Land RO Per Deed Restriction little VictorianJ634 W. Main I I-Bedroom Category 3 Per Guidelines Lone Pine 28 Condominiwns Category 4 Per Guidelines Maroon Creek Club/I 151 Tiehack I Single-Family Home Category I Per Guidelines Marthinsson-NostdaW 10 Condominiums Category 3 & 4 Per Guidelines Midland Park 37 Condominiwns Category 4 Per Guidelines North 40 72 - 59 SFH, I3 T ownhomes RO Per Guidelines Oh-Be-Joyful 5 Single-Family Homes Category 3 Per Guidelines Park Avenue - 407-B I 3-Bedroom Category 4 Per Guidelines Park Circle / 425 A-I I 2-Bedroom Category 2 Per Guidelines Park Place - 411 E. Cooper 2 I-Bedrooms Category 4 Per Guidelines Pitkin Iron 15 Units Category 2, 3 & 4 Per Guidelines Red House Enclave 6 1,2 & 3 Bedrooms Category 2 & 3 Per Guidelines Sagewood Condo I 2-Bedroom Category 4 Per Guidelines Seventh & Main 12 Units; II I-Bdnn; 1 2-Bdnn Category 2 & 3 Per Guidelines Shadow Mountain OOA 1 3-Booroom Category 3 Per Guidelines Shady Lane Condominium I 3-Bcdroom Category 4 Per Guidelines Smuggler Cove 3 2-Bcdroom & 3-Bcdroom Category 2 & 4 Per Guidelines Smuggler Park Subdivision 87 Single-Family (Modular) RO Per Deed Restriction Smuggler Run 17 Single-Family (Modular) Category 4 Per Guidelines Snyder 15 I. and 3-Bcdrooms Category 2, 3 & 4 Per Guidelines Sopris Creek Meadows (Cabins) 6 Units - SFH & Duplexes Category I & 3 Per Guidelines .Stillwater 13 Units-I & 3-Bcdrooms Category 2, 3, 4 & 5 Per Guidelines Tom Thumb 3 Studios Category 3 Per Guidelines Trainor's Landing (aka Barbee) 7 UniL< - SFH & Duplexes Category 4 & RO Per Guidelines Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 72 of 72 I I I I I , I I I I I I PROJECT NAME No. & Type of Units Max. Income Category Required Residency Twin Ridge 12 Townhomes; 13 SFH Category 4 Per Guidelines Two Moon 1 Single-Family Home Category 4 Per Guidelines Ute Park 7 TO\llJlhomes Category 3 & 4 Per Guidelines Valley Condo /1135 Cemetery Lane I 3-Bedroom Category 3 Per Guidelines Victorians at Bleeker 5 Condominiums Category 4 & RO Per Guidelines Villas at Elk Run, Basalt 2 - I I-Bedroom /1 3-Bedroom Category 2 & 4 Per Guidelines Vincenti Condos 2 - Studio & I-Bedroom Category I Per Guidelines Water Place (City) 22 - Studio. I. 2 & 3 Bedrooms City of Aspen Employment City of Aspen Emp, West Hopkins II Townhomes Category 2 & 3 Per Guidelines Williams Ranch 35 Units . Category 2,3,4, RO-5 & RO Per Guidelines Williams Woods 18 Townhomes Category 2 & 3 Per Guidelines Winfield Arms I Studio Category 2 Per Guidelines WI] Ranch 56 Single-Family Homes Category 4 & RO Per Guidelines Woody Creek Mobile Home Park 58 Mobile Homes Category 6 Per Guidelines I TOTAL I 1,346 Units Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 73 of 72 APPENDIX C CHART OF PRINCIPAL RENTAL PROJECTS AND REQUIREMENTS PROJECT NAME No. & Type of Units Max. Income Category Required Residency 715 CEMETERY LANE I Units School Dist. Priority Per Ordinance 985 MAROON CREEK (City) I 2-Bedroom City of Aspen Employment Per Ordinance AABC APARTMENTS 8 Units Category 3 - School Dist. Priority Per Deed Restriction ALPINA HAUS 44 Units RO Per Deed Restriction , ANDERSON PARCEL I Units Category 3 Per Guidelines ANIMAL SHELTER (AABC) 2 Units Category 2 Per Guidelines ASPEN CONSOLIDATED SAN. DISTRICT 9 Units ACSD EMPLOYEES ONLY Per Guidelines ASPEN COUNTRY INN 40 Units Category I & 2 Per Guidelines ASPEN HIGHLANDS VILLAGE 8 Rooms! 13 Dorm Rooms CaIegory I & 2IRO Per Guidelines ASPEN RECREA nON CENTER I I-Bedroom Category 2 Per Guidelines ASPEN V ALLEY RANCH 7 Units Category I & 3 Per Guidelines BEAUMONT 24 Units Hospital Priority Per Deed Restriction BELL MOUNTAIN LODGE 5 Units Category 2 Per Guidelines BRUSH CREEK 2 Units Category RO Per Guidelines BURLINGAME - Permanent 8 Units Category 2 Per Guidelines Seasonal 92 Units (184 beds) CASTLE RIDGE 80 Units Category 3 Per Guidelines CENTENNIAL 148 Units Category 3 Per Guidelines CITY PLAZA BLDG, 4 Unit, Category I Per Resolution CLARENDON (625 WEnd St) I Unit Category 3 Per Guidelines COMCAST (AABC) 8 Units Category RO Per Guidelines COPPER HORSE 13 Units Nt A - Resident Occupied Per Resolution CORTINA (Hotel Jerome) 16 Units Category I Per Resolution GUIDO'S 3 Units Category 3 Per Guidelines HEATHERBED 21 Dorm-Style Units RO Pl."1' Deed Restriction HOLIDAY HOUSE 35 Dorm-Style Unit, RO Per Deed Restriction HOPKINS 1 Units Category 2 Per Guidelines Aspen/Pitkin County Employee Housing Guidelines AMENDED 01106 Page 74 of 72 I I I I , I I I , I I I I I I I I I PROJECT NAME No. & Type of Units Max. Income Category Required Residency HUNTER LONGHOUSE 33 Units CategOlY 3 Per Guidelines ISIS 2 Units Category 3 Per Guidelines KA TY REID 2 Units Category 3 Per Guidelines LAZY GLEN 3 Units Category 3 Per Guidelines MAROLT HOUSE (City) 1 Unit City Employee Per Guidelines MAROLT RANCH - Pennanent 4 Units Category 3 Seasonal 96 Units Pitkin County Employee Per Guidelines MAROON CREEK CLUB 42 Units Maroon Crk Club Priority Per Guidelines MILL STREET STATION 7 Units Category 3 Per Guidelines MILL STREET PLAZA 3 Units Category RO Per Guidelines MOCKLIN 7 Units Category I, 2 & 3 Per Guidelines MOUNTAIN OAKS/HOSPIT AL 21 Units Hospital Priority Per Hospital PITKIN CENTER BLOG, (520 E. Hyman) 4 Units Category 3 Per Guidelines PUPPYSMITH APARTMENTS 18 Units Resident Occupied Per Resolution RITZ (Prospector) I Unit Category 2 Per Guidelines RIVER GLEN (1015 E. Durant) 12 Units Category I & 2 Per Guidelines RIVER PARK 3 Units Category 2 & RO Per Guidelines ST, MORITZ . 2 Units Category 3 Per Guidelines SEGUIN (Range Restaurant) 2 Units Category 2 Per Guidelines SMUGGLER MTN APARTMENTS 11 Units Category I Per Guidelines STARRY PINES 2 UniL' Category 2 Per Guidelines SUNDECK 2 Units Category 2 Per Guidelines TENTH MOUNTAIN 2 Units Category 3 Per Guidelines TOWNE PLAZA 4 Units Category 2 & 3 Per Guidelines TRUSCOTT PLACE 108 Units RO & Category 3 TRUSCOTT PLACE LLLP 87 Units Category 2 & 3 Per Guidelines ULLR LODGE 26 Units Category 3 & 4 - Employer Owned Per Guidelines UTE CITY PLACE 22 Units Category 2 & 3 - St. Regis Priority Per Guidelines WATER PLACE (City) 3 Units City Employee Per Guidelines Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 75 of 72 PROJECT NAME No. & Type of Units Max. Income Category Required Residency WEST RANCH (School District) 10 Units Category 4 - School District Per Guidelines TOTAL 955 Units Permanent ~ Units Seasonal 1,237 Units I I Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 76 of 72 I I I I I APPENDIX D LISTING OF PRINCIPAL RENTAL PROJECTS AND PROPERTY MANAGERS (as of January 2006) Aspen Country Inn Cindy Tucker-Davis, Property Manager Aspen/Pitkin County Housing Authority 530 E. Main, Aspen, CO 81611 (970) 925-2700; 920-1745 Fax Hunter Longhouse Apartments Terry Kappeli, Property Manager 101 Lone Pine Road, Aspen, CO 81611 (970) 963-6494 AABC Apartments Austin Laurence Partnership Contact person: Tamara Rauch Aspen, CO 81611 (970) 920-4988 X II Marolt Ranch (Seasonal Housing) John Mickles, Property Manager Aspen/Pitkin County Housing Authority 530 E, Main, Aspen, CO 81611 (970) 920-3499 (Jan.-May & Sept.-Dec) (970) 920-0849 Fax Alpina Haus Kevin DeCarlo, Property Manager 935 East Durant, Aspen, CO 81611 (970) 920-3975; 920-2396 Fax Maroon Creek Apartrnents Stephanie Thurston, Property Manager 305 Stage Court, Aspen, CO 816 II (970) 544-1885; 544-0558 Fax I Burlingame Seasonal Housing Bill Dillon, Property Manager 050 Harmony PI., Aspen, CO 81611 (970) 920-0171 North Mill Station M&W Realtors, Attn: Debbie 355 Puppysmith, Aspen, CO 81611 (970) 925-8032; 925-6995 Fax I Castle Ridge Apartments Maxine Jacobs, Resident Manager 1175 Doolittle Circle, #603 Aspen, CO 81611 (970) 925-6851; 925-6851 Fax Smuggler Mountain Apartments Bruce Nethery, Property Manager Aspen/Pitkin County Housing Authority 530 E, Main, Aspen, CO 81611 (970) 379-6048; 920-5580 Fax Centennial Apartments Kim Keilin, Property Manager 100 Luke Short Ct, Aspen, CO 81611 (970) 925-1876; 920-2691 Fax Truscott Place Apartments Bruce Nethery, Property Manager Aspen/Pitkin County Housing Authority 530 E. Main, Aspen, CO 81611 (970) 920-5139; 920-5358 Fax Copper Horse Kevin DeCarlo, Property Manager 328 W, Main St., Aspen, CO 81611 (970) 920-3975; 920-2396 Fax I I I I Highlands Village (Seasonal) Steve Elliott, Property Manager 0115 Boomerang Rd, #5201D Aspen, CO 81611 (970) 920-1776; 925-4349 (Fax) Truscott LLLP - Phase II Units Janet Kramoff, Property Manager Aspen/Pitkin County Housing Authority 530 E. Main, Aspen, CO 81611 (970) 544-8035; 544-4854 Fax I Aspen/Pitkin County Employee Housing Guidelines AMENDED 01/06 Page 77 of 72