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HomeMy WebLinkAboutLand Use Case.831 Ute Ave.A04-94 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 01124/94 PARCEL ID AND CASE NO. DATE COMPLETE: f /A I. • 2737-182-95-101 A04-94 • STAFF MEMBER: LL PROJECT NAME: Ute Trail Townhouses/Billings Place __Sw{:y`yhwi'a.A Project Address: 831 Ute Avenue &-&&PU.(2 Qtiv-f. PLtr Legal Address: Lots 14 and 15A Ute Addition APPLICANT: Jim Pugh/Epoch Properties, Inc. Applicant Address: 359 Carolina Ave, Winter Park, FL 32789 REPRESENTATIVE: William Lipsey Representative Address/Phone: 414 N. Mill St. 925-3734 Aspen, CO 81611 FEES: PLANNING $ 1956 # APPS RECEIVED I ENGINEER $ 242 # PLATS RECEIVED / HOUSING $ ENV. HEALTH $ TOTAL $ 2198 y TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: 2 STEP: X P&Z Meeting Date L M • - PUBLIC HEARING: I( YES NO J.4 VESTED RIGHTS: YES NO CC Meeting Date cIJ a rD) PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO o DRC Meeting Date REFERRALS: City Attorney Parks Dept. School District City Engineer Bldg Inspector Rocky Mtn NatGas Housing Dir. Fire Marshal CDOT Aspen Water Holy Cross Clean Air Board City Electric Mtn. Bell Open Space Board Envir.Hlth. ACSD Other Zoning Energy Center Other DATE REFERRED: 2-! INITIALS: yti % DUE: 3I ti FINAL ROUTING: DATE ROUTED: /) 9 " INITIAL:?/(( . City Atty City Engineer Zoning Env. Health Housing Open Space Other: FILE STATUS AND LOCATION: ORDINANCE NO.19 (SERIES OF 1994) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBSTANTIAL AMENDMENT TO THE FINAL PUD PLAN, AN AMENDMENT TO THE GMQS EXEMPTION FOR AFFORDABLE HOUSING FOR THE UTE TRAIL TOWNHOMES, 831 UTE AVENUE, CITY OF ASPEN, PITRIN COUNTY, COLORADO. WHEREAS, in 1990 the Ute Trail Townhomes final PUD development plan was approved by the City Council; and WHEREAS, the final development plan included four free market dwelling units with eight parking spaces and seven affordable dwelling units with eight parking spaces; and WHEREAS, since the original approval, the free market units have been reduced to three units and the employee housing four- plex has been shifted to the northwest two feet; and WHEREAS, the applicants, Epoch Properties and Sister City Housing, have submitted a request to amend the 1990 final PUD development approval to reduce the eight parking spaces for the affordable housing to seven, construct seven garages for the affordable housing, and amend the GMQS exemption for affordable housing; and WHEREAS, the Planning and Zoning Commission reviewed the development proposal in accordance with those procedures set forth at Section 24-6-205 (A) (8) (c) of the Municipal Code and did conduct a public hearing therein on April 5, 1994 ; and WHEREAS, upon review and consideration of the amendments, agency and public comment thereon, and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 9 of Article 7 (Planned Unit Development) , the Planning and Zoning 1 Commission has recommended approval of the substantial amendments to Ute Trail Townhomes final PUD development plan subject to conditions, to the City Council; and WHEREAS, the Aspen City Council has reviewed and considered the amendments under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at public hearing; and ((��� WHEREAS, the City Council finds that the me dme�ts, with conditions, are consistent with the approved final PUD DD development plad and I\ WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY_ OF ASPEN, COLORADO as follows: ' '(X Section 1: 00(211K\ - Pursuant to Section 24-7-907 B. of the Municipal Code, .nd - ect to those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the amendments of the final Planned Unit Development plan: 1. The applicant's amendments to the final plan submission is complete and sufficient to afford review and evaluation for approval. 2 . The amendment to the final PUD plan is consistent with or a enhancement of the approved final development pla . Section 2: Pursuant to the findings set forth in Section 1 above, the City Council grants a substantial amendment to the Ute Trail Townhomes final PUD development plan for the reduction of eight parking spaces for the affordable housing to seven spaces and the 2 construction of seven garage spaces with the following conditions: 1. Prior to the issuance of a change order for the garage, the Aspen Consolidated Sanitation District shall review the draina• : - pla for approval. • .d . .d s- e . a - • •a : - r •e -d . . • .e - . .i . . y - -w-. . % i 2 . A five foot sidewalk area shall be provided along Ute A enue T " " and indicated on the amended plat. Prior to the issuance ••f a , change order for the garage, the applicant shall sign a sidewa curb and gutter agreement. 3 . An amended plat must be filed within 180 days of final approval or the approval is void. The plat must be reviewed by the Planning and Engineering Department prior to filing. 4. Utility transformers and pedestals shall be installed, unobstructed, on the applicant's property with easements provided as needed. Easements must be indicated on amended plat. The location of the trash and recycle facilities must be shown on the amended plat. 5. The applicant shall consult city engineering (920-5080) for design considerations of development within public rights-of-way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from city streets department (920- 5130) . " 6. One of each garage parking spaces shall be assigned to each AH unit and shall be indicated on the condominium plat and outlined in the condominium declarations. Section 3: The Aspen City Council approved the amendments to the GMQS Exemption for the affordable housing at the Ute Trail Townhomes with the following conditions: 1. If the Displaced Tenant List is exhausted and units remain unsold, the remaining units may be sold at the Category 3 guidelines. 2 . If a resident on the Displaced Tenant List qualifies in the Category 3 income range then a category 2 unit shall be sold at the Category 3 guidelines. 3 . The Resident Occupied unit deed restriction shall be modified to a Category 4 deed restriction. ico ooc w(f2S,�o "WAN` Cat �J ‘plx,ivilteginp^ -7 AA wig I 3 31 \-A ti6 StsiffiN Can Avti; - 1`k rattt Section 4: All material representations and commitments made by the applicant pursuant to the amended PUD plan approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission and or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 5: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 7: A public hearing on the Ordinance shall be held on the day of , 1994 at 5: 00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of , 1994 . John Bennett, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 1994. John Bennett, Mayor Attest: Kathryn S. Koch, City Clerk 4 MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manager FROM: Leslie Lamont, Senior Planner DATE: May 23 , 1994 RE: Ute Trail Townhomes Final PUD Amendment, GMQS Exemption Amendment and Vested Rights Second Reading Ordinance 19 , Series of 1994 SUMMARY: The applicants, Epoch Properties and Sister City Housing, request to amend the Final PUD development plan for the Ute Trail Townhomes. The applicants propose to construct seven garages for the affordable housing, reduce the number of approved parking spaces for employees from eight to seven, and amend the GMQS exemption for the seven affordable dwelling units by revising the required deed restrictions and sale categories. Staff has determined that the proposed changes are substantial in nature requiring an amendment to the final PUD development plan. A substantial amendment to the final development plan is a two step review process by the Commission and Council. The Planning and Zoning Commission has reviewed the amendments at a public hearing April 5 , 1994 . The Commission recommends approval of the PUD amendments for the garages and defers to Council ' s recommendations with regard to the employee housing deed restrictions. For your review, please find the attached proposal exhibit A. BACKGROUND: Council reviewed first reading at the April 25 meeting. Council requested a more thorough description of the proposed snowmelt system and decided to dicuss the amendments to the GMQS exemption for affordable housing. The applicant ' s are prepared to make a thorough presentation of the snowmelt system at this meeting. The Housing Office has enclosed additional recommendations with regard to the amendments to the affordable housing package. Staff • suggests that Council need to only review the following items with respect to an amendment to the affordable housing package: 1. changing the Resident Occupied deed restriction to a category 4 deed restriction 2 . Sister City Inc. requests to amend the category 2 sales units and sell them as category 3 units only if the Displaced Tenants List has been exhausted and the units are sold as part the overall housing inventory, and/or if a resident on the Displaced Tenants is found to be in the category 3 guidelines the unit should be sold at category 3 prices. There are other financial issues that Council must review with respect to this project. However, those issues are better discussed at the June 6 worksession that Council has scheduled to review other matters concerning this project. The Ordinance has been amended to reflect the proposed changes to the GMQS Exemption for affordable housing. Please find the Housing Office' s recent referral comments (May 12 , 1994) as part of Exhibit B. LOCATION: 831 Ute Avenue, Aspen Colorado ZONING: R/MF PUD PREVIOUS COUNCIL ACTION: Council approved the final PUD development plan for the Ute Trail Townhomes in 1990. REFERRAL COMMENTS: Please find referral comments attached, Exhibit B. APPLICANT'S REQUEST: The applicants proposed the following amendments to the final PUD development plan for Ute Trail Townhomes: * reduce the approved employee housing parking from 8 to 7 on-site parking spaces; * build a parking structure to enclose seven on-site parking spaces; and * amend the GMQS Exemption for affordable housing. STAFF COMMENTS: I. Background - The Ute Trail Townhomes final PUD development plan was approved in 1990. The plan included four free market townhomes along Ute Avenue each with a two car garage. Seven affordable dwelling units were approved for the rear of the property with eight parking spaces, two of which would have been enclosed in a garage. All the parking would have been accessed off of Aspen Mountain road. Since the time of approval, the four free market units have been reduced to three free market units. In addition, a lawsuit was 2 initiated by some adjoining neighbors. A settlement was reached and part of that settlement required the southeastern, employee 4- plex, to be moved two feet from the east property line. An amended landscape plan must also be recorded because a large cottonwood tree was lost during excavation. II. Applicable Review - Per Section 24-7-907 a substantial amendment to a final PUD development plan must be reviewed pursuant to the terms and procedures of the final development plan provided that the proposed change is consistent with or is an enhancement of the approved final development plan. Final development plan review requires review by the Commission and Council with a public hearing at the Commission meeting. A. PUD Amendments - 1. Parking Reduction - According to the application, the eighth parking space has been lost due to the lawsuit settlement which required the southeastern building to be moved an additional two feet from the east property boundary. It also appears from the submitted plans that a 39" walkway is included in the proposed parking scenario and the widths of the remaining parking spaces has increased from 8 ' -6" to 10 ' -6" . Staff requested a direct walkway from the interior parking area up into the employee housing courtyard to prevent residents having to walk around the parking structure to get into the courtyard and their front doors. The employee units have not been developed with excess storage area. By enclosing the parking spaces and increasing the width, residents will be able to store bikes, skis, etc. in tandem with their automobiles . 2 . Garage: Epoch Properties propose, at their expense, to construct enclosed parking for the seven employee parking spaces and to snowmelt the entire paved driveway between the free market units and the affordable units . The new garage structure will provide seven 10 ' -6"x 18 '-6" spaces. The total size of the structure, which includes the trash enclosure and boiler room for the snowmelt system, is 1, 630 sq. ft. The application presents the following comments regarding the proposed benefit of the enclosed parking: * Costs of the parking and snowmelt system will be borne by the developer. The garage will give tenants additional storage and automobile protection. 3 spvi,pcs, ' v;° t '4 ,I �X '0 '* The garage will ensure "visual tidiness to what could ifrkr otherwise be an unsightly open air storage area. " The snowmelt system will prevent plowing and piling of snow. * The garage will be constructed out of the same brick used on the free market units and "visually unify the free market units with the affordable units. " * The parking structure will screen the employee housing courtyard from the driveway and parking, thus providing more outdoor privacy for the employee housing residents. The Municipal Code does not count enclosed parking as floor area for residential units, a 500 square foot floor area bonus is provided for each residential unit. The Code does not differentiate between multi-family or detached/duplex residential land uses. In addition, surface parking does not count as open space. The Ute Trail Townhomes received several dimensional variations during the PUD review of this proposal. One of the variations was an open space variation primarily due to the development's proximity to Glory Hole Park and the inclusion of the center courtyard between the two affordable housing structures. The parking requirement for the project was also varied due to the project's proximity to the downtown commercial core including the ski area, City Market, and RFTA routes. B. Employee Housing Amendments - The final PUD development plan approved seven affordable dwelling units. Six of the units were proposed to be deed restricted to Category 2 income guidelines and the seventh unit to Resident Occupancy. Sister City Housing would like to amend the category 2 units with respect to the Displaced Tenant Priority list. If a displaced tenant does in fact qualify for a Category 3 dwelling unit the unit should be sold at the Category 3 price. Secondly, Sister City Housing proposes that if the list is exhausted for the displaced tenants, unsold units will be listed as Category 3 prices. Finally, Sister City Housing also proposes to replace the Resident Occupied unit as a Category 4 unit. Sister City Housing's request is attached for your review, exhibit C. This request was submitted prior to P&Z review. Much of the request is important material for the June 6 worksession while a small portion pertains to the proposed amendments for review tonight. 4 Finally, Sister City Housing also proposes to replace the Resident Occupied unit as a Category 3 or 4 unit or if the Resident Occupied unit is maintained that the original deed restriction for that unit be amended to substitute the Resident Occupied Deed Restriction currently in use by the City and Housing Authority for the original restriction. Sister City Housing ' s request is attached for your review, exhibit C. STAFF RECOMMENDATION: I. Garage - Although an open space variance was granted for this project and the development is built-out at the maximum allowable floor area, staff recommends approval of the seven enclosed parking spaces for the following reasons: * the additional bulk and mass will not be visible from Ute Avenue; * the parking area is not considered open space by code definition, therefore "open space" is not being reduced; * although staff has strong reservations about adding more mass and bulk to this parcel, the benefit of enclosed parking and additional storage outweighs these concerns; and II. Employee Housing - Staff supports the clarification for the Displaced Tenant List and staff supports the change from Category 2 to Category 3 guidelines only for those units that have not sold first to displaced tenants or if displaced tenants qualify for Category 3 housing. However, staff does not agree with a predetermined sales price within the category for sales to the displaced tenants. When the final PUD development plan was approved, the units were designated Category 2 and were intended to provide affordable sale housing for the tenants being displaced. No specific sales prices within Category 2 were discussed or established at that time. The sales prices in Category 2 range from $26 , 200 to $60, 500 for a studio, and $39 , 500 to $81, 000 for a two bedroom, assuming the 1994 Guidelines are adopted. Within this wide range any number of tenants may not qualify for the upper end of the Category. During the review and approval of this development, a commitment was made by the applicant and the City to existing tenants that he effort to develop AH on this parcel was to save them from having to leave Aspen. Staff, in conjunction with the Director of the Housing Authority, recommends against a specific Category 2 sales price. 5 PLANNING AND ZONING COMMISSION RECOMMENDATION: The Commission recommends to City Council approval of the substantial PUD amendment for Ute Trail Townhomes with the following conditions: 1. Prior to the issuance of a change order for the garage, the Aspen Consolidated Sanitation District shall review the drainage plans for approval. A sand and oil separator from the garage shall be hooked-up to the sanitary sewer. 2. A five foot sidewalk area shall be provided along Ute Avenue and indicated on the amended plat. Prior to the issuance of a change order for the garage, the applicant shall sign a sidewalk, curb and gutter agreement. 3 . An amended plat must be filed within 180 days of final approval or the approval is void. The plat must be reviewed by the Planning and Engineering Department prior to filing. 4 . Utility transformers and pedestals shall be installed, unobstructed, on the applicant' s property with easements provided as needed. Easements must be indicated on amended plat. The location of the trash and recycle facilities must be shown on the Amended plat. 5. The applicant shall consult city engineering (920-5080) for design considerations of development within public rights-of-way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from city streets department (920- 5130) . " 6. One of each garage parking spaces shall be assigned to each AH unit and shall be indicated on the condominium plat and outlined in the condominium declarations. 7 . All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission and Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Specific representations shall include prohibition of parking on the back road and Aspen Mountain Road and prohibition of the use of the garage roof for any activities including storage. The Commission also recommends to Council the proposed amendments to the GMQS Exemptions with the following conditions: 1. The Displaced Tenant List shall be clarified to give first priority to those tenants that have lived on Dean Billings property the longest. 6 2 . If the tenant list is exhausted and units remain unsold, the remaining units may be sold at the Category 3 guidelines. 3 . Regarding whether units should be sold at a pre-established price in Category 2 & 3 and whether the RO deed restriction should be amended, the Commission supports the recommendations of the Aspen/Pitkin County Housing Authority. 4. Sister City Housing shall be use the 1994 APCHA Guidelines if they are adopted prior to filing of deed restrictions for the affordable housing units. RECOMMENDED MOTION: "I move to adopt Ordinance 19, Series of 1994 , on second reading amending the Ute Trail Townhomes final PUD plan and the GMQS exemption for the affordable housing dwelling units with the conditions outlined in Ordinance 19, Series of 1994 . " CITY MANAGER'S COMMENTS: Ordinance 19, Series of 1994 EXHIBIT: A. Applicant' s Proposal B. Referral Comments C. Sister City Housing's D. Amended Landscape Plan 7 EXHIBIT A PC •.i11�'a__ 1*--.f - - ,S • is# SPEN 474 ..VA M'JUNT' N CV Lr =al- 111 :_ '" &111' all i la . . - a iiit talt 4, ; „,„., .snit_,_in. iii --I '.1 �- --- _ �� � 4-- ' r e \. ..R ,�- \ r- Ail ', \ mat t!rd`,, ----A ,awwavn rQ�4 I Ch" It,a IireCema aS,s s.ii c '3°r.i4_!sl.ki...t As•t A rCMge'I ei illS-•m. •mv •e UTE AVENUE r SITE PLAN SCALE: 1/30 INCH = 1 FOOT 1 S . . e »rfir, ' -•- • ^+mil Q -NV Ile\ P1 # / ,t‘i. / 1 ___+ 4, \ / df A 1 a 1 -4, a 23'6 1/ • ...."--- —4. -mai W. 1 C91) 111 tt i / \ U4 �� / \ iS \lt' 1 0.a. i 3 1 � i / \ rF ' / 1 \ g' + / \ f"�la .. '' ' ► N III WE dumpste 9 ' wx38"• ' 'h ^ • O _ - ir / ' - 9 UTE TRAIL TOWNHOUSES Application to Amend Approved PUD Development Application Submitted: 1/21/94 by RIVER STUDIO ARCHITECTS [William Lipsey • AIA • Principal] 414 North Mill Street Aspen, CO 81611 ph 925-3734 fax 925-8178 INTRODUCTION: Epoch Properties Inc., owner of the Ute Trail Townhouse project, would like to amend their approved PUD so that the 7 existing AHU open air parking spaces would be enclosed in a garage structure with a snowmelt system under the entire parking access area. These additional amenities would be provided at no additional expense to the tenants/owners of the AHU's. Attachment 2 The following requirements are attached to this application: 1. Letter denoting authorized representative 2. Street address & legal description 3. Disclosure of Ownership 4. 8 1/2" x 11" vicinity map 5. written/graphic description of amendment proposal Attachment 3a-Specific Submission Contents: Conceptual PUD Plan See final PUD Development Application on file in the Planning Department. Attachment 3b-Specific Submission Contents la(1) A detailed site plan of the already approved PUD is attached with an overlay that shows the proposed amendment. The complete approved development application for this property is on file at the Planning Department. a 10 la(2) PARKING : The originally approved PUD incorporated 8 garaged parking spaces for the 3 Free Market Units (FMU's) and 8 open air parking spaces for the 7 Affordable housing Units (AHU's). After the PUD was fully approved litigation was initiated by the owners of the adjoining Black Swan Condominiums. A settlement was reached between Black Swan and Sister City Housing. A copy of the settlement is on file at the Planning Department. A component of this settlement was that the 4-plex AHU's be set back an additional 2 feet from the East property line adjoining Black Swan. This in turn affected the surface parking for the AHU's reducing the number of dimensionally legal parking spaces from 8 to 7. Epoch Properties Inc., the present owner of the Ute Trails Project, wishes to provide enclosed garages for the 7 AHU parking spaces. The total cost of this will be borne by Epoch Properties and will not increase the cost of housing to prospective AHU tenants or owners. In addition, Epoch Properties is proposing that the entire paved access area to both the FMU and AHU parking be provided with a snow melt system. This revised parking plan provides numerous benefits to both the future occupants of the development and to residents in the immediate neighborhood: 1. The AHU occupants will each get an enclosed garage and a snow melt system at no additional cost. The garage will give tenants additional storage plus year round security and protection for their automobiles. The presently approved parking spaces are the required minimum of 8'-6" x 18'-6". The proposed new parking spaces will have interior dimensions of 10'-6" x 18'-6"---an increase of about 25% in width. 2. The proposed enclosed garages will insure visual tidiness to what could otherwise be an unsightly open air storage area. The snow melt system will also benefit the neighborhood by eliminating the need for potentially large, unsightly piles of plowed snow. 3. The proposed garage structure is intended to be constructed out of the same brick used on the FMU's and thus will visually unify the Affordable and Free Market units. 4. The proposed garage structure will completely screen the parking area of the AHU's from their outdoor courtyard thereby increasing the privacy and quality of that space for the occupants. la(3) Impact on Public Facilities: The proposed parking upgrade would place no additional demand on public facilities. 1V l0B la(4) Development Schedule: It is anticipated the proposed upgrade would have no affect on the present anticipated date of completion. la(5) Public Facilities on Parcel: Not Applicable Attachment 4 Review Standards: PUD Application The proposed amendment is to an already approved PUD plan. There would be no increase to density or floor area of dwelling units. The only change to the project is the enclosure of the AHU parking spaces. The proposed parking structure represents an amenity to the owners' of the AHU's, the EMU's and to the neighborhood and would seem to have no adverse affects on future development of the surrounding area. No variances from the underlying R/MF zoning are required relative to height, setbacks, open space or FAR. Lighting: Indirect, movement activated lighting will be provided for the proposed parking area as shown on the attached development plan. '_- l0c EXHIBIT B MEMORANDUM TO: LESLIE LAMONT, PLANNING FROM: WAYNE VANDEMARK, FIRE MARSHAL RE: UTE TRAIL TOWNHOUSES/BILLINGS DATE: 2/2/94 OUR REVIEW OF THE APPLICATIONS DOES NOT POSE ANY PROBLEMS AT THIS TIME. THE AREA IS APPROXIMATELY FOUR MINUTES FROM THE FIRE STATION. THERE ARE AMPLE FIRE HYDRANTS IN THE AREA FOR FIRE SURPRESSION. MEMORANDUM TO: Leslie Lamont FROM: Thomas M. Baker t � , ,- , DATE: May 12 , 1994 RE: Sister Cities Housing SUMMARY: At our last regular meeting the Board made the following findings: 1 . Change the Resident Occupied unit to Category #4 ; 2 . Allow the applicant to sell the category units in the category #3 range for the following reasons - persons on the priority list who have incomes in the category #3 range; and for units left unsold after persons on the priority list have exercised their options to purchase; 3 . Persons on the priority list be given selection preference based on longevity; 4 . Dave Myler will provide the Board with income information at the meeting to determine the specific sale price of the category units. MEMORANDUM TO: Leslie Lamont, Senior Planner FROM: Tom Baker, Housing Office _Y;tiJ DATE: March 8 , 1994 RE: Referral Comment: Sister City Housing REFERRAL COMMENT: The Housing Office finds all points in the application (A, B, C) to be appropriate. We offer the following additional comments: 1. The applicant should understand the RO deed restriction in the application requires compliance with whatever RO concept is adopted by the City Council with the exception that the appreciation cap is set at 4% annually beginning from day one. 2 . If the RO unit is deed restricted to category #3 or #4, then an additional subsidy will be required from the City, i.e. , the RO unit is expected to be priced in the $230, 000 - $250, 000 range; maximum category #3 price is $129, 200 (proposed) and maximum category #4 price is $198, 300 (proposed) . • 1 \-5 MEMORANDUM To: Leslie Lamont, Planning Office Thru: Robert Gish, Public Works Director From: Chuck Roth, Engineering Department ale- Date: March 3, 1994 Re: Ute Trail Townhouses/Billings Place Substantial Amendment to Final PUD Development Plan Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Parking Spaces - Neither the pre-application notes nor the application are entirely clear that the applicant is requesting a reduction in the approved on-site parking requirements from 8 to 7 for the affordable housing units. Since there are 7 affordable housing units, this would result in 1 parking space per unit. Given the site constraints, the Engineering Department is willing to withhold objections to the proposed reduction in parking, although it is of course preferable to provide the Code maximum of 2 parking spaces per affordable housing unit. Anything less presents the possibility of over-flow parking needs seeking space on City streets. The Engineering Department has no comments to the contrary regarding the proposal to enclose the AH spaces in a garage. I checked with the Sanitation District, and they will require a sand and oil separator for the garage space drainage hook-up to the sanitary sewer together with provision that no outside run-off be permitted to enter the floor drain. 2. Sidewalk - Since the applicant seeks changes to existing approvals, the City is provided the opportunity to provide current comments on the project. At the time that the project was in the review process, the "Pedestrian Walkway and Bikeway System Plan" (the Ped Plan) was not adopted and in place. Now that the "Ped Plan" is in effect, we recommend that the applicant be required to provide at least a pedestrian sidewalk area if not a concrete sidewalk. The sidewalk area must be five feet wide, adjacent to the property, handicap accessible, and indicated as such on the amended plat. The space between the sidewalk area and the street will serve as a snow storage area and a buffer zone between pedestrians and vehicular traffic. The vegetation indicated to be installed on the recorded plats must be re-arranged in order to accomodate the pedestrian area. Section 19-181 of the Municipal Code requires that this space ("sidewalk areas") be cleared of snow during the winter for pedestrian use. Also, the applicant, in order to meet the requirements of Section 19-98, must enter a sidewalk, curb and gutter construction agreement with the City (through the Engineering Department) prior to issuance of a certificate of occupancy. 3. Plat Amendment - A plat amendment must be filed. The plat must meet the platting requirements of Section 24-7-1004.D of the Municipal Code. 4. Utility, Trash & Recycle Area - Any new above grade utility facilities such as transformers and pedestals must be installed on the applicant's property and not in the public right-of-way, with easements provided as needed. The trash area is not readily evident on the approved plans. The plat amendment must show the location of trash and recycle facilities. If utility meters are installed in the same area, they must no be obstructed by trash facilities in order to protect the utility companies' abilities to read the meters. 5. Work in the Public Rights-of-way - Given the continuous problems of unapproved work and development in public rights-of-way, we advise the applicant as follows: The applicant shall consult city engineering (920-5080) for design considerations of development within public rights-of-way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from city streets department (920-5130). The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. cc: Cris Caruso, Mary Lackner M94.119 \LD EXHIBIT C SISTER CITY HOUSING, INC. 106 South Mill Street, Suite 202 Aspen, Colorado 81611 (303) 920-1018 January 21, 1994 Leslie Lemont Aspen/Pitkin County Planning Department 130 South Galena Aspen, CO 81611 RE: Billings Place - Amendment to GMQS Exemption Dear Leslie : Sister City Housing, Inc . is a non-profit corporation, the members of which are the Cities of Aspen and Shimukappu, Japan . Sister City Housing was formed to acquire the Billings property and to facilitate development of seven (7) affordable housing units known as Billings Place . Please accept this letter as an application by Sister City Housing to amend the affordable housing GMQS Exemption approval for those units . Generally, the requested amendments will allow the currently-approved form of deed restriction for a resident occupied unit to be substituted for the deed restriction approved in 1990 for Unit J, will allow a change in the price and income category of the other six (6) affordable units, and will clarify the terms and conditions by which previously-displaced tenants are entitled to a priority in the purchase of completed units . We further request that this application be considered simultaneously with the application for PUD amendment to allow garages filed by Epoch Properties . The particular elements of each requested amendment and an explanation of the basis for the request are described below. A. Resident Occupied Deed Restriction and Pricing . In connection with PUD approval in 1990 , the Aspen City Council approved a specific Resident Occupied Unit Deed Restriction (the "Original Restriction" ) for Unit J. A copy of the Original Restriction is attached as Exhibit A. It was proposed by Karinjo and Nicholas DeVore, who intended, as its developers, to own and occupy Unit J. Although the language of the Original Restriction is ambiguous, we believe that it would allow resale of Unit J to a "qualified buyer" for any price which such buyer would be willing to pay. In order to qualify, future buyers would have to meet the Leslie Lemont Aspen/Pitkin County Planning Department January 21 , 1994 Page 2 Housing Authority requirements applicable to resident occupied units in effect at the time of sale . At the time that the Original Restriction was approved, the City' s approach toward the so-called resident occupied units had not received much scrutiny. It was seen as a loosely-defined hybrid between a fully deed restricted unit and a free market unit which could be used to provide an economic incentive for private sector development of affordable housing at no monetary cost to the public . The circumstances surrounding the development of Billings Place and the public policies regarding resident occupied units have changed dramatically since 1990 . In particular, the public will now subsidize Billings Place, and the concept of resident occupied housing has undergone substantial refinement . Subsequent to 1990 , the Housing Authority undertook a comprehensive analysis of the resident occupied unit concept and its role in the overall affordable housing program. In addition to other specific criteria, the Housing Authority recommended to the City Council and the Board of County Commissioners that the resale of such units be subject to a 4% annual appreciation cap . The Authority also recommended that there be no limit on a buyer' s income or net worth. The appreciation cap was seen by the Housing Authority as a means of discouraging speculation and assuring that resident occupied units remain as affordable as possible to the greatest number of potential future buyers . While the City Council has not yet adopted the recommendations of the Housing Authority, indications are that the appreciation cap is acceptable . In a recent case involving a resident occupied lot (East Cooper project) , the Council approved a deed restriction with the recommended appreciation cap . Given the extent of public investment in Billings Place and the evolution of public policy regarding resident occupied units , Sister City Housing believes that the 1990 PUD Agreement should be amended to substitute the Resident Occupied Deed Restriction currently in use by the City and Housing Authority for the Original Restriction. A copy of the proposed deed restriction is attached hereto as Exhibit B . The primary difference between the two relates to the resale price . Under the Original Restriction, there was no maximum resale price . Under the proposed _restriction, the maximum resale price will be the initial purchase price plus 4% per year. Leslie Lemont Aspen/Pitkin County Planning Department January 21 , 1994 Page 3 As a result of previous commitments, Karinjo and Nicholas DeVore will have the first right to purchase Unit J once the purchase price and terms of the deed restriction are established. Although the DeVores believe that Unit J should be classified as a resident occupied unit , they propose that their deed restriction allow for unlimited appreciation after three (3) years . They believe that a cap for three (3) years will address speculation concerns, that market forces will control future affordability, and that unlimited appreciation after three (3) years is appropriate for them, since that is what was contemplated in connection with the 1990 land use approvals . The Board of Directors of Sister City Housing have considered in detail the history and circumstances surrounding the DeVores' role in the development of Billings Place and their relationship with our Japanese partners . We also reviewed at length the evolution of the public policy regarding resident occupied units . The Board members all believe that, to some extent , the DeVores ' efforts and sacrifices should be recognized and rewarded. We do not, however, believe that it is appropriate to structure such recognition in the form of a deed restriction containing provisions which are in stark contrast to current public policy. Rather, the Board believes, and recommends, that the DeVores be entitled to a monetary discount in the price of Unit J. The Board recommends that the initial purchase price of Unit J be equal to the cost of producing it , less $30, 000 . 00 . The cost of producing Unit J should be somewhere between $260, 000 and $280 , 000 . The recommended purchase price would thus be between $230 , 000 and $250 , 000 . B . Income and Price Categories . The 1990 PUD approval requires that six (6) of the seven (7) units in Billings Place (2 studios and 4 two-bedrooms) be fully deed restricted and sold at Category 2 prices to households which qualify under the Category 2 income guidelines . Based upon current information available to the Housing Authority, a strong demand and need for owner occupied housing exists in both Category 2 and Category 3 . In order to afford an opportunity to decrease the public cost of this project , thereby making funds available for other currently-planned projects, while still providing units which will satisfy a demonstrated need, Sister City Housing recommends that the PUD requirements regarding maximum income and price be amended to provide as follows : 1 . Each unit will first be offered to the individuals on the priority list described in paragraph C, below, at either a Category 2 or Category 3 price, Leslie Lemont Aspen/Pitkin County Planning Department January 21, 1994 Page 4 depending upon the income category of the purchaser . The prices will be as follows : Category 2 Category 3 Studio $ 60 , 500 $ 85 , 000 Two Bedroom $ 81, 100 $ 115 , 000 2 . Any units which remain unsold after all priority purchasers have been exhausted will be listed and sold as Category 3 units at the prices listed above . C. Displaced Tenant Priority. The 1990 PUD Agreement granted a right of first refusal to specific long-term tenants of the Billings property . That right entitled the former tenants to purchase a unit at a Category 2 price, provided that their household income did not exceed Category 2 levels , and that they otherwise qualified under the Housing Authority Guidelines . Only those individuals who were specifically listed in an attachment to the PUD Agreement were eligible to take advantage of the right of first refusal . Sister City Housing wishes to clarify that, among those tenants , priority for first choice of a unit will be based on longevity; the person who had lived on the old Billings property the longest will have the first choice of units . This application also requests an amendment to that right of first refusal that will allow a person on the priority list whose income has increased to a Category 3 level to still be able to exercise the right of first refusal, provided that they pay the Category 3 price . . Thank you for your consideration in this matter. Please be advised that David J. Myler, Secretary of Sister City Housing, Inc . and its legal counsel , is authorized to represent the corporation in all proceedings in connection with this request for amendment . Very truly yours , SISTER CITY HOUSING, IN By• i, C. A. Vidal , President Enclosures sister\lemon[.1[r Exhibit A UNIT BILLINGS PLACE RESALE DEED RESTRICTION THIS RESALE DEED RESTRICTION is made and entered into , 199_, by and between of Pitkin County, Colorado ( hereinafter referred to as Owner) and the Aspen/Pitkin County Housing Authority (hereinafter referred to as APCHA) , a duly constituted multi-jurisdictional housing authority established pursuant to the Amended and Restated Intergovernmental Agreement recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder' s Office . RECITALS A. Owner has purchased Condominium Unit _ of the Billings Place Condominium according to the plat thereof recorded in Plat Book at Page of the records of the Pitkin County Clerk and Recorder' s Office ( hereinafter referred to as the Unit) ; and B . Owner acknowledges and agrees that the Unit is subject to the control of APCHA as a "resident-occupied unit" which is a dwelling unit which is limited to occupancy (but not to price or income limitations ) by qualified employees of Pitkin County, meeting the guidelines or approval of APCHA. The parties wish to ensure that, on resale, Owner' s Unit is made available to satisfy the resident-occupancy needs for housing in Aspen. AGREEMENT NOW, THEREFORE, in consideration of ten dollars ( $10 . 00 ) and other good and valuable consideration paid by APCHA to Owner, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows . 1 .. APCHA acknowledges Owner is a resident of Pitkin County who has been employed, living and working in Aspen and Pitkin County since and is qualified to own the Unit . 2 . Use and occupancy of the Unit shall, from the date of this Agreement forward, be limited exclusively to individuals who are residents in Pitkin County. Use, occupancy and resale of the Unit is expressly NOT subject to the price or income limitations of APCHA. • 3 . This Agreement shall constitute covenants running with and shall be a burden on the Unit for the benefit of and shall be specifically enforceable by Owner, APCHA, the City of Aspen and their respective successors or heirs , as applicable, by any appropriate legal action including but not limited to injunction or eviction of noncomplying occupants . 5 r - 4 . Owner agrees that, in the event Owner changes Owner' s domicile or ceases to utilize the Unit as Owner' s sole and exclusive place of residence, the Unit shall be offered for sale pursuant to the provisions of this Agreement . Owner shall be deemed to have changed Owner' s domicile by becoming a resident elsewhere or residing in the Unit for fewer than nine months per year without the express approval of APCHA. 5 . In the event Owner desires to sell the Unit, the Unit may be sold to any resident of Pitkin County, as such term is defined in the then current APCHA guidelines . On closing of the sale of the Unit, Owner shall pay a fee to APCHA in an amount equal to two percent of the sale price. 6 . In the event of foreclosure of a lien on the property, APCHA, the City of Aspen and their respective successors shall retain a right of first refusal for a period of 120 days over all offers to purchase the Unit by a non-Qualified Purchaser and may purchase the property for 95% of the maximum resale price irrespective of the amount of the offer to purchase made by the non-Qualified Purchaser. In the event neither APCHA nor the City of Aspen exercises its right of first refusal, the foreclosing party may then sell the property on the open market; and this agreement shall be null and void and no longer encumber the property. 7 . In the event the Unit burdened hereunder is sold and conveyed without compliance herewith, such sale shall be wholly null and void and shall confer no title whatsoever on the intended purchaser. Each and every conveyance of the unit shall be, for all purposes , deemed to include and incorporate by reference in such instrument of conveyance, even without reference hereto, the covenants contained herein. 8 . In the event APCHA has reasonable cause to believe Owner is violating the provisions of this Agreement, APCHA, by its authorized representative, may inspect the Unit between the hours of 8 : 00 a.m. and 5 : 00 p.m. Monday through Friday after providing the Owner with at least 24 hours ' prior written notice. 9 . In the event a violation of this Agreement is discovered by APCHA, APCHA shall send a notice of violation to Owner describing in detail the nature of the violation and allowing Owner 15 days to cure such violation. Such notice shall advise Owner that Owner may request a hearing to determine the merit of the allegations . Any such hearing shall be conducted in accordance with grievance procedures outlined in the APCHA guidelines then existing. 10 . In the event Owner fails to cure any breach of this ag-eement within the time allowed by paragraph ,16; APCHA may resort to legal action, including mandatory injunction for specific -2- performance of the terms of this Agreement requiring sale of the Unit by Owner. The cost of such legal action and subsequent sale shall be levied against the proceeds of the sale with the balance paid to Owner. 11 . Any notice which is required to be given hereunder shall be given by mailing the same certified mail to the address provided below, which address may be changed or amended by written notice to the other party. To Owner: To APCHA: Aspen/Pitkin County Housing Authority 39551 Highway 82 Aspen, Colorado 81611 12 . There are reserved to the parties hereto any and all remedies provided by law for breach of this Agreement or any of its terms . In the event the parties resort to litigation with respect to any provision of this Agreement, the prevailing party shall be entitled to recover as damages its costs , including reasonable attorney fees . 13 . The term Owner as used herein shall refer to any and all persons (without regard to number or gender) or entities having an ownership interest in the Unit which is the subject of this Agreement. 14 . The parties agree that modifications to this Agreement shall be made only by writings signed by both parties , or their successors or assigns , recorded with the Pitkin County Clerk and Recorder's Office. 15 . Owner acknowledges he has read and fully understands and accepts the terms and conditions of this Agreement limiting the rental and resale of the Unit and further acknowledges that he is relying on no oral representations qualifying or limiting the terms hereof . 16 . This Deed Restriction and Agreement shall be recorded in the records of the Pitkin County Clerk and Recorder's Office . -3- Exhibit B THE ASPEN/PITRIN COUNTY HOUSING AUTHORITY'S OCCUPANCY AND RESALE DEED RESTRICTION, AGREEMENT AND COVENANT (RESIDENT OCCUPIED UNIT) THIS OCCUPANCY AND RESALE DEED RESTRICTION, AGREEMENT AND COVENANT (the "Agreement") is made and entered into this day of , 19 , by ( "Owner") , for the benefit of the parties and enforceable by the ASPEN/PITKIN COUNTY HOUSING AUTHORITY (hereinafter referred to as "APCHA") , a duly constituted Multi-jurisdictional Housing Authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT by and between the City of Aspen, Colorado (the "City") and Pitkin County, Colorado (the "County") , dated September 26, 1989 , and recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder' s Office. W I T N E S S E T H: WHEREAS, Owner has purchased from APCHA at a price of $ and owns as a result of that certain warranty deed executed on the date hereof, an approximate square foot dwelling ("Dwelling") located on the real property more specifically described in Exhibit A attached hereto and incorporated herein. For purposes of this Agreement, the dwelling, the real property and . all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property" ; and WHEREAS, as a condition of the sale to the Owner of the Property, the Owner is required to enter into this Agreement; and WHEREAS, Owner agrees to restrict the acquisition or transfer of the Property to "Qualified Buyers, " as that term is defined in this Agreement. In addition, the Owner agrees that this Agreement shall constitute a resale agreement setting forth the maximum sale price for which the Property may be sold ("Maximum Sale Price") , the amount of appreciation and the terms and provisions controlling the resale of the Property should Owner, or any subsequent owner, desire to sell the Property at any time after the date of this Agreement. Finally, by this Agreement, Owner agrees to restrict the Property against use and occupancy inconsistent with this Agreement. WHEREAS, "Qualified Buyers" are natural persons meeting the -esidency and all other qualifications set forth in the Aspen/Pitkin County Housing Authority Affordable Guidelines, or its substitute, as adopted by APCHA, or its successor, and in effect at the time of the closing of the sale from Owner to the Qualified Buyers (the "Affordable Housing Guidelines") and who must represent and agree pursuant to this Agreement to occupy the Property as their sole place of domicile, not to engage in any business activity on the Property, and not to sell or otherwise transfer the Property for use in a trade or business. In addition, Qualified Buyers must demonstrate that their income and earnings are earned primarily in Pitkin County. Any dispute regarding whether a person is a Qualified Buyer shall be resolved by the APCHA Board of Directors. NOW, THEREFORE, for value received, the receipt and sufficiency of which is hereby acknowledged, Owner hereby represents, covenants and agrees as follows: 1 . The use and occupancy of the Property shall henceforth be limited exclusively to housing for natural persons who meet the definition of Qualified Buyers and their families. 2 . Owner is a Qualified Buyer and, in connection with the purchase of this Property, Owner agrees (i) to occupy the Property as his or her sole place of residence during the time that the Property is owned by the Owner, (ii) not to engage in any business activity on or in the Property, (iii) to sell or otherwise transfer the Property only in accordance with this Agreement and the Affordable Housing Guidelines, (iv) not to sell or otherwise transfer the Property for use in a trade or business, and (v) not to permit any use or occupancy of the Property except in compliance with this Agreement. 3 . (a) It shall be a breach of this Agreement for Owner to default in payments or other obligations due or to be performed under a promissory note secured by a first deed of trust encumbering the Property. Owner hereby agrees to notify APCHA, in writing, of any notification Owner receives from a lender, or its assigns, of past due payments or default in payment or other obligations due or to be performed under a promissory note secured by a first deed of trust, as described herein, within five (5) calendar days of Owner's notification from lender, or its assigns, of said default or past due payments. (b) Upon notification from Owner, as provided above, or other notice of such default, APCHA may offer loan counseling or distressed loan services to Owner, if any of these services are available, and is entitled to require Owner to sell the Property to avoid the commencement of any foreclosure proceeding against the Property. In the event that APCHA determines that sale of the Property is necessary, Owner shall immediately execute a standard Listing Contract on forms approved by the Colorado Real Estate Commission, providing for a thirty (30) day listing period. If a sales contract has not been executed within the initial thirty (30) day period, Owner shall extend the listing period for an additional one hundred 2 eighty ( 180) days , provided such extension does not conflict with the statutory rights of any secured creditors. APCHA shall determine if a prospective purchaser is a Qualified Buyer, and such a determination by APCHA is a prerequisite to any sale of the Property. (c) Owner shall , upon closing, pay a fee to APCHA in an amount equal to one percent (1%) of the sales price, or such other amount as required by APCHA guidelines. In the event of a listing of the Property pursuant to this Paragraph 3 , the Maximum Sale Price shall be determined in accordance with Paragraph 6 (a) below, and the Owner must accept any such offer. (d) Upon receipt of notice as provided in Paragraphs 3 (a) and 3 (b) , APCHA shall have the right, in its sole discretion, to cure the default or any portion thereof. In such event the Owner shall be personally liable to APCHA for past due payments made by APCHA together with interest thereon at the rate specified in the promissory note secured re y the first deed of trust, plus one percent (1%) , actual expenses of APCHA incurred in curing the default. Owner shall be required by APCHA to execute a promissory note secured by a deed of trust encumbering the Property in favor of APCHA for the amounts expended by APCHA as specified herein, including future advances made for such purposes. Owner may cure the default and satisfy its obligation to APCHA under this subparagraph at any time prior to execution of a contract for sale, upon such reasonable terms as specified by APCHA. Otherwise, Owner' s indebtedness to APCHA shall be satisfied from the Owner' s proceeds at closing. 4 . This Agreement shall constitute covenants running with the real property, described in Exhibit A, as a burden thereon, for the benefit of, and shall be specifically enforceable by APCHA, the Board of County Commissioners of the County (the "Board") , the City council for the City (the "City Council") and their respective successors and assigns , as applicable, by any appropriate legal action including but not limited to specific performance, injunction, reversion, or eviction of non-complying owners and/or occupants. 5 . In the event that the Owner desires to sell the Property, Owner shall execute a standard Listing Contract on forms approved by the Colorado Real Estate Commission providing for a one hundred eighty (180) day listing period. The Property may be sold only to a Qualified Buyer, as determined by APCHA. Owner shall, upon closing, pay a fee to APCHA in an amount equal to one percent (1%) of the sales price, or such other amount as required by Affordable -Housing Guidelines. 3 MAXIMUM SALE PRICE 6 . (a) Except as provided in Paragraphs 6 (b) and 10 below, the Maximum Sales Price upon any re-sale of the property shall not exceed Owner' s initial purchase price plus an increase of four percent (4%) of such price per year, simple interest, from the date of purchase to the date of the listing contract, prorated at the rate of one quarter percent ( . 25%) for each whole month for any part of a year. (b) In the event of any sale required pursuant to Paragraphs 3 (b) or 18 , the Maximum Sales Price shall not exceed the amount determined in accordance with Paragraph 6 (a) , above, or appraised value, whichever is less. The cost of any appraisal shall be borne by the Owner. Appreciation shall be subject to the limitations of Paragraph 21. (c) Nothing herein shall be construed to constitute a representation or guarantee by APCHA, the City or the County that on sale the owner shall obtain the listing price or the Maximum Sale Price. 7 . All disputes between Owner and APCHA, its employees or agents, shall be resolved in accordance with the grievance procedures set forth in the Affordable Housing Guidelines. 8 . Owner shall not permit any prospective buyer to assume any or all of the Owner ' s customary closing costs nor accept any other consideration which would cause an increase in the Maximum Sale Price specified in Paragraph 6 (a) , above the bid price so as to induce the Owner to sell to such prospective buyer. 9 . It shall be within the Owner' s discretion to select among competing Qualified Buyers who submit an offer for the purchase of the Property, whether the sale is voluntary or required by this Agreement, and without regard to any applicable sales price limitation. In such event, Owner' s rights and obligations, except as specified in this Agreement, shall be determined by Colorado law. 10 . In the event that title to the Property vests by descent in individuals and/or entities who are not Qualified Buyers as that term is defined herein, (hereinafter "Non-Qualified Transferee(s) ") , the Property shall immediately be listed for sale as provided in Paragraph 5 above (including the payment of the specified fee to APCHA) , and the highest bid by. a Qualified Buyer, for not less than ninety-five percent (95%) of the Maximum Sale Price or the appraised market value, whichever is less, shall be -accepted; if all bids are below ninety-five percent (95%) of the Maximum Sale Price or the appraised market value, the Property shall continue to be listed for sale until a bid in accordance with 4 this section is made, which bid must be accepted. The cost of the appraisal shall be paid by the Non-Qualified Transferee(s) . (a) Non-Qualified Transferee(s) shall join in any sale, conveyance or transfer of the Property to a Qualified Buyer and shall execute any and all documents necessary to do so; and (b) Non-Qualified Transferee(s) agree not to (i) occupy the Property, (ii) rent all or any part of the Property, except in strict compliance with Paragraph 14 hereof, (iii) engage in any other business activity on or in the Property, (iv) sell or otherwise transfer the Property except in accordance with this Agreement and the Affordable Housing Guidelines, or (v) sell or otherwise transfer the Property for use in a trade or business. (c) APCHA, the County and the City, or their respective successors, as applicable, shall have the right and option to purchase the Property, exercisable within a period of fifteen ( 15) calendar days after receipt of any sales offer submitted to APCHA by a Non-Qualified Transferee(s) , and, in the event of exercising their right and option, shall purchase the Property from the Non-Qualified Transferee(s) for a price of ninety-five percent (95%) of the Maximum Sale Price, or the appraised market value, whichever is less. The offer to purchase shall be made by the Non-Qualified Transferee(s) within fifteen (15) days of acquisition of the Property. (d) Where the provisions of this Paragraph 10 apply, APCHA may require the Owner to rent the Property in accordance with the provisions of Paragraph 14 , below. OWNER RESIDENCE 11. Owner represents and warrants that the Property shall be and is to be utilized only as the sole and exclusive domicile of owner. 12 . Owner agrees that, in the event Owner changes domicile or ceases to utilize the Property as his sole and exclusive place of residence, the Property will be offered for sale pursuant to the provisions of Paragraph 5 of this Agreement. Owner shall be deemed to have changed Owner' s domicile by becoming a resident elsewhere or accepting permanent employment outside Pitkin County, or residing on the Property for fewer than nine (9) months per calendar year without the express written approval of APCHA, or otherwise violating the residency requirements of the applicable APCHA guidelines. (In the event of a conflict between this paragraph and APCHA guidelines, the guidelines shall prevail) . If the Owner changes domicile, APCHA may require the Owner to rent the 5 Property in accordance with the provisions of Paragraph 13 , below. APCHA may at any time request whatever information is reasonably necessary to determine Owner's place of domicile. RENTAL 13 . Owner may not, except with prior written approval of APCHA, and subject to APCHA' s conditions of approval, rent the Property for any period of time. Prior to occupancy any tenant must be approved by the Homeowner's Association, if applicable, and APCHA in accordance with the restrictions, limitations, and all other qualifications established by APCHA in its Affordable Housing Guidelines as they relate to Resident Occupied Units. APCHA shall not approve any rental if such rental is being made by Owner to utilize the Property an as income producing asset, except as provided below, and shall not approve a lease with a rental term in excess of twelve (12) months. A signed copy of the lease must be provided to APCHA prior to occupancy by any tenant. Any such lease approved by APCHA shall be subject to the following rent calculations: (a) A rental rate not to exceed the monthly expenses for the cost of principal and interest payments, taxes, property insurance, condominium or homeowner assessments, utilities plus an additional Twenty Dollars ($20. 00) and a reasonable (refundable) security deposit; or (b) In the event that there is no outstanding mortgage on the Property, the rental rate shall be based on Category #4 Rents for a similar unit as defined in the most current Affordable Housing Guidelines as adopted from time to time; or (c) Such other amount as determined in APCHA guidelines. The requirements of this Paragraph shall not preclude the Owner from sharing occupancy of the Property with non-owners on a rental basis provided owner continues to meet the obligations contained in this Agreement, including Paragraph 11. 14 . Except with the approval of APCHA, the Owner shall not create an additional dwelling unit, as defined in the Pitkin County or City of Aspen Land Use Code, in or on the Property. 15. Nothing herein shall be construed to require APCHA to protect or indemnify the Owner against any losses attributable to the rental including (not by way of limitation) non-payment of rent or damage to the premises; nor to require APCHA to obtain a qualified tenant for the Owner in the event that none is found by the Owner. 6 EXHIBIT D u 0 ''� l Y at w ►-4 a Y I \ ... ►���Il=ii MT I li a. a d' 04.0 I _ rill MPEN NT- N A ROA r a 4.1 =rims•1 00 %Oat IL ��•� Y► O i ‘4%, g 1 g fit . 2, !3 , , 1 7 1411,7 +I \ , 1 I •. 0,..__,_c. �` +-- \ +s-- chi, \ 11\11111111::: `, , �.. 0 " t , ,401/51. Allr 7OWNIKILOS C 4Ait\111D V-+lIt•l!•il►i 4P/lP/ls4G 4D4G4GIGIG ` 7.f q�:•..���.�•pt '�*._fvoave* rtt t%*.wiftrf 1 'l lib iiiii ilk SITE PLAN :�U 1 1 1. L L 1. UTE AVENUE 1 Vitt b MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manager , ' , FROM: Leslie Lamont, Senior Planner DATE: April 25, 1994 RE: Ute Trail Townhomes Final PUD Amendment, GMQS Exemption Amendment and Vested Rights First Reading Ordinance ii, Series of 1994 _=___ SUMMARY: The applicants, Epoch Properties and Sister City Housing, request to amend the Final PUD development plan for the Ute Trail Townhomes. The applicants propose to construct seven garages for the affordable housing, reduce the number of approved parking spaces for employees from eight to seven, and amend the GMQS exemption for the seven affordable dwelling units by revising the required deed restrictions and sale categories. Staff has determined that the proposed changes are substantial in nature requiring an amendment to the final PUD development plan. A substantial amendment to the final development plan is a two step review process by the Commission and Council. The Planning and Zoning Commission has reviewed the amendments at a public hearing April 5, 1994 . The Commission recommends approval of the PUD amendments for the garages and defers to Council's recommendations with regard to the employee housing deed restrictions. For your review, please find the attached proposal exhibit A. LOCATION: 831 Ute Avenue, Aspen Colorado ZONING: R/MF PUD PREVIOUS COUNCIL ACTION: Council approved the final PUD development plan for the Ute Trail Townhomes in 1990. REFERRAL COMMENTS: Please find referral comments attached, Exhibit B. APPLICANT'S REQUEST: The applicants proposed the following amendments to the final PUD development plan for Ute Trail Townhomes: * reduce the approved employee housing parking from 8 to 7 on-site parking spaces; * build a parking structure to enclose seven on-site parking spaces; and * amend the GMQS Exemption for affordable housing by amending the price and income restrictions for the seven affordable dwelling units. STAFF COMMENTS: I. Background - The Ute Trail Townhomes final PUD development plan was approved in 1990. The plan included four free market townhomes along Ute Avenue each with a two car garage. Seven affordable dwelling units were approved for the rear of the property with eight parking spaces, two of which would have been enclosed in a garage. All the parking would have been accessed off of Aspen Mountain road. Since the time of approval, the four free market units have been reduced to three free market units. In addition, a lawsuit was initiated by some adjoining neighbors. A settlement was reached and part of that settlement required the southeastern, employee 4- plex, to be moved two feet from the east property line. An amended landscape plan must also be recorded because a large cottonwood tree was lost during excavation. II. Applicable Review - Pursuant to Section 24-7-907 a substantial amendment to a final PUD development plan must be reviewed pursuant to the terms and procedures of the final development plan provided that the proposed change is consistent with or an enhancement of the approved final development plan. Final development plan review requires review by the Commission and Council with a public hearing at the Commission meeting. A. POD Amendments - 1. Parking Reduction - According to the application, the eighth parking space has been lost due to the lawsuit settlement which required the southeastern building to be moved an additional two feet from the east property boundary. It also appears from the submitted plans that a 39" walkway is included in the proposed parking scenario and the width of the new parking spaces has increased from 8 '-6" to 10'-6" . Staff requested a direct walkway from the interior parking area up into the employee housing courtyard to prevent residents having to walk around the parking structure to get into the courtyard and their front doors. 2 The employee units have not been developed with excess storage area. By enclosing the parking spaces and increasing the width, residents will be able to store bikes, skis, etc. in tandem with their automobiles. 2. Garage: Epoch Properties propose, at their expense, to construct enclosed parking for the seven employee parking spaces and to snowmelt the entire paved driveway between the free market units and the affordable units. The new garage structure will provide seven 10'-6"x 18 '-6" spaces. The total size of the structure, which includes the trash enclosure and boiler room for the snowmelt system, is 1, 630 sq. ft. The application presents the following comments regarding the proposed benefit of the enclosed parking: * Costs of the parking and snowmelt system will be borne by the developer. The garage will give tenants additional storage and automobile protection. * The garage will ensure "visual tidiness to what could otherwise be an unsightly open air storage area. " The snowmelt system will prevent plowing and piling of snow. * The garage will be constructed out of the same brick used on the free market units and "visually unify the free market units with the affordable units. " * The parking structure will screen the employee housing courtyard from the driveway and parking, thus providing more outdoor privacy for the employee housing residents. The Municipal Code does not count enclosed parking as floor area for residential units, a 500 square foot floor area bonus is provided for each residential unit. The Code does not differentiate between multi-family or detached/duplex residential land uses. In addition, surface parking does not count as open space. The Ute Trail Townhomes received several dimensional variations during the PUD review of this proposal. One of the variations was an open space variation primarily due to the development's proximity to Glory Hole Park and the inclusion of the center courtyard between the two affordable housing structures. The parking requirement for the project was also varied due to the project's proximity to the downtown commercial core including the ski area, City Market, and RFTA routes. B. Haployse Housing Amendments - The final PUD development plan approved seven affordable dwelling units. Six of the units were 3 proposed to be deed restricted to Category 2 income guidelines and the seventh unit to Resident Occupancy. Sister City Housing would like to clarify the Displaced Tenant Priority list. The list grants a right of first refusal to long- term tenants of Dean Billings property that were displaced as a result of this development. Sister City would like to amend the list to clarify that first priority will be given to the tenant that has resided on the Billings property the longest. In addition, if a displaced tenant does in fact qualify for a Category 3 dwelling unit the unit should be sold at the Category 3 price. Secondly, Sister City Housing proposes that if the list is exhausted for the displaced tenants, unsold units will be listed as Category 3 prices. Third, Sister City Housing proposes to set the sales price for the units within Category 2 & 3 : Studio Category 2 - $60, 500, Category 3 - $85, 000; Two Bedroom Category 2 - $81, 100, Category 3 - $115, 000. Finally, Sister City Housing also proposes to replace the Resident Occupied unit as a Category 3 or 4 unit or if the Resident Occupied unit is maintained that the original deed restriction for that unit be amended to substitute the Resident Occupied Deed Restriction currently in use by the City and Housing Authority for the original restriction. Sister City Housing's request is attached for your review, exhibit C. STAFF RECOMMENDATION: I. Garage - Although an open space variance was granted for this project and the development is built-out at the maximum allowable floor area, staff recommends approval of the seven enclosed parking spaces for the following reasons: * the additional bulk and mass will not be visible from Ute Avenue; * the parking area is not considered open space therefore the "open space" is not being reduced; * although staff has strong reservations about adding more mass and bulk to this parcel, the benefit of enclosed parking and additional storage outweighs these concerns; and 4 II. Haployss Housing - Staff supports the clarification for the Displaced Tenant List and staff supports the change from Category 2 to Category 3 guidelines only for those units that have not sold first to displaced tenants or if displaced tenants qualify for Category 3 housing. However, staff does not agree with a predetermined sales price within the category for sales to the displaced tenants. When the final PUB development plan was approved, the units were designated Category 2 and were intended to provide affordable sale housing for the tenants being displaced. No specific sales prices within Category 2 were discussed or established at that time. The sales prices in Category 2 range from $26,200 to $60,500 for a studio, and $39, 500 to $81, 000 for a two bedroom, assuming the 1994 Guidelines are adopted. Within this wide range any number of tenants may not qualify for the upper end of the Category. During the review and approval of this development, a commitment was made by the applicant and the City to existing tenants that he effort to develop AH on this parcel was to save them from having to leave Aspen. Staff, in conjunction with the Director of the Housing Authority, recommends against a specific Category 2 sales price. Qualified tenants from the Displaced Tenant List should be allowed to purchase a unit within Category 2 based upon what they can afford. In addition, the displaced tenants have not been queried to determine whether a specific price of $60,000 for a studio or $81, 000 for a two bedroom could be afforded or whether a lower priced unit, still within the Category 2 guidelines, is affordable. Staff must point out for Commission and Council benefit, that if staff's recommendation is followed, a greater subsidy for these units will be necessary. Likewise, if the Resident Occupied unit status is dropped to Category 3 or 4, additional subsidy will be required (please see APCHA referral comment, Exhibit B) . The Commission could not make a recommendation for the request by Sister City Hosuing to establish a specific sale price or in what manner the Resident Occupied unit should be treated. The Commission has deferred to Council's judgement and supports the recommendation from the Housing Office. Council should make a finding with regard to the Sister City Housing request. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Commission recommends to City Council approval of the substantial PUB amendment for Ute Trail Townhomes with the following conditions: 1. Prior to the issuance of a change order for the garage, the Aspen Consolidated Sanitation District shall review the drainage plans for approval. A sand and oil separator from the garage shall be hooked-up to the sanitary sewer. 5 2 . A five foot sidewalk area shall be provided along Ute Avenue and indicated on the amended plat. Prior to the issuance of a change order for the garage, the applicant shall sign a sidewalk, curb and gutter agreement. 3. An amended plat must be filed within 180 days of final approval or the approval is void. The plat must be reviewed by the Planning and Engineering Department prior to filing. 4. Utility transformers and pedestals shall be installed, unobstructed, on the applicant's property with easements provided as needed. Easements must be indicated on amended plat. The location of the trash and recycle facilities must be shown on the amended plat. 5. The applicant shall consult city engineering (920-5080) for design considerations of development within public rights-of-way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from city streets department (920- 5130) . ° 6. One of each garage parking spaces shall be assigned to each AH unit and shall be indicated on the condominium plat and outlined in the condominium declarations. 7 . All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission and Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Specific representations shall include prohibition of parking on the back road and Aspen Mountain Road and prohibition of the use of the garage roof for any activities including storage. The Commission also recommends to Council the proposed amendments to the GMQS Exemptions with the following conditions: 1. The Displaced Tenant list shall be clarified to give first priority to those tenants that have lived on Dean Billings property the longest. 2 . If the tenant list is exhausted and units remain unsold, the remaining units may be sold at the Category 3 guidelines. 3. Regarding whether units should be sold at a pre-established price in Category 2 & 3 and whether the RO deed restriction should be amended, the Commission supports the recommendations of the Aspen/Pitkin County Housing Authority. 6 4 . Sister City Housing shall be use the 1994 APCHA Guidelines if they are adopted prior to filing of deed restrictions for the affordable housing units. RECOMMENDED MOTION: "I move to read Ordinance/?, Series of 1994 . " "I move to approve Ordinance i `, Series of 1994, on first reading amending the Ute Trail Townhomes final PUD plan with the conditions as recommended by the Commission. " "I move to amend the GMQS exemption for the affordable., housing dwelling units with the conditions outlined in Ordinance/7, Series of 1994 . " CITY MANAGER'S COMMENTS: Ordinance !9, Series of 1994 EXHIBIT: A. Applicant's Proposal B. Referral Comments C. Sister City Housing's D. Amended Landscape Plan 7 ORDINANCE NOJP? (SERIES OF 1994) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBSTANTIAL AMENDMENT TO THE FINAL PUD PLAN, AN AMENDMENT TO THE GMQS EXEMPTION FOR AFFORDABLE HOUSING FOR THE UTE TRAIL TOWNHOMES, 831 UTE AVENUE, CITY OF ASPEN, PITRIN COUNTY, COLORADO. WHEREAS, in 1990 the Ute Trail Townhomes final PUD development plan was approved by the City Council; and WHEREAS, the final development plan included four free market dwelling units with eight parking spaces and seven affordable dwelling units with eight parking spaces; and WHEREAS, since the original approval, the free market units have been reduced to three units and the employee housing four- plex has been shifted to the northwest two feet; and WHEREAS, the applicants, Epoch Properties and Sister City Housing, have submitted a request to amend the 1990 final PUD development approval to reduce the eight parking spaces for the affordable housing to seven, construct seven garages for the affordable housing, and amend the GMQS exemption for affordable housing; and WHEREAS, the Planning and Zoning Commission reviewed the development proposal in accordance with those procedures set forth at Section 24-6-205 (A) (8) (c) of the Municipal Code and did conduct a public hearing therein on April 5, 1994 ; and WHEREAS, upon review and consideration of the amendments, agency and public comment thereon, and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 9 of Article 7 (Planned Unit Development) , the Planning and Zoning 1 Commission has recommended approval of the substantial amendments to Ute Trail Townhomes final PUD development plan subject to conditions, to the City Council; and WHEREAS, the Aspen City Council has reviewed and considered the amendments under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at public hearing; and WHEREAS, the City Council finds that the amendments, with conditions, are consistent with the approved final PUD development plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, HE IT ORDAINED HY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Pursuant to Section 24-7-907 B. of the Municipal Code, and subject to those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the amendments of the final Planned Unit Development plan: 1. The applicant's amendments to the final plan submission is complete and sufficient to afford review and evaluation for approval. 2 . The amendment to the final PUD plan is consistent with or an enhancement of the approved final development plan. Section 2: Pursuant to the findings set forth in Section 1 above, the City Council grants a substantial amendment to the Ute Trail Townhomes final PUD development plan for the reduction of eight parking spaces for the affordable housing to seven spaces and the 2 r*4 �. construction of seven garage spaces with the following conditions: 1. Prior to the issuance of a change order for the garage, the Aspen Consolidated Sanitation District shall review the drainage plans for approval. A sand and oil separator from the garage shall be hooked-up to the sanitary sewer. 2. A five foot sidewalk area shall be provided along Ute Avenue and indicated on the amended plat. Prior to the issuance of a change order for the garage, the applicant shall sign a sidewalk, curb and gutter agreement. 3 . An amended plat must be filed within 180 days of final approval or the approval is void. The plat must be reviewed by the Planning and Engineering Department prior to filing. 4 . Utility transformers and pedestals shall be installed, unobstructed, on the applicant' s property with easements provided as needed. Easements must be indicated on amended plat. The location of the trash and recycle facilities must be shown on the amended plat. 5. The applicant shall consult city engineering (920-5080) for design considerations of development within public rights-of-way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from city streets department (920- 5130) . " 6. One of each garage parking spaces shall be assigned to each AH unit and shall be indicated on the condominium plat and outlined in the condominium declarations. Section 3: The Aspen City Council approved the amendments to the GMQS Exemption for the affordable housing at the Ute Trail Townhomes with the following conditions: 1. The Displaced Tenant List shall be clarified to give first priority to those tenants that have lived on Dean Billings property the longest. 2 . If the tenant list is exhausted and units remain unsold, the remaining units may be sold at the Category 3 guidelines. 3. Sister City Housing shall be use the 1994 APCHA Guidelines if they are adopted prior to filing of deed restrictions for the affordable housing units. Section 4: 3 All material representations and commitments made by the applicant pursuant to the amended PUD plan approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission and or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 5: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 7: A public hearing on the Ordinance shall be held on the day of , 1994 at 5: 00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of , 1994 . John Bennett, Mayor Attest: Kathryn 8. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 1994. John Bennett, Mayor Attest: °Kathryn 8. Koch, City Clerk 4 UTE TRAIL TOWNHOUSES Application to Amend Approved PUD Development Application Submitted: 1/21/94 by RIVER STUDIO ARCHITECTS [William Lipsey • ALA • Principal] 414 North Mill Street Aspen, CO 81611 ph 925-3734 fax 925-8178 INTRODUCTION: Epoch Properties Inc., owner of the Ute Trail Townhouse project, would like to amend their approved PUD so that the 7 existing AHU open air parking spaces would be enclosed in a garage structure with a snowmelt system under the entire parking access area. These additional amenities would be provided at no additional expense to the tenants/owners of the AHD's. Attachment 2 The following requirements are attached to this application: 1. Letter denoting authorized representative 2. Street address & legal description 3. Disclosure of Ownership 4. 8 1/2" x 11" vicinity map 5. written/graphic description of amendment proposal Attachment 3a-Specific Submission Contents: Conceptual PUD Plan See final PUD Development Application on file in the Planning Department. Attachment 3b-Specific Submission Contents la(1) A detailed site plan of the already approved PUD is attached with an overlay that shows the proposed amendment. The complete approved development application for this property is on file at the Planning Department. 10 4 la(2) PARKING : The originally approved PUD incorporated 8 garaged parking spaces for the 3 Free Market Units (FMU's) and 8 open air parking spaces for the 7 Affordable housing Units (AHU's). After the PUD was fully approved litigation was initiated by the owners of the adjoining Black Swan Condominiums. A settlement was reached between Black Swan and Sister City Housing. A copy of the settlement is on file at the Planning Department. A component of this settlement was that the 4-plex AHU's be set back an additional 2 feet from the East property line adjoining Black Swan. This in turn affected the surface parking for the AHD's reducing the number of dimensionally legal parking spaces from 8 to 7. Epoch Properties Inc., the present owner of the Ute Trails Project, wishes to provide enclosed garages for the 7 AHU parking spaces. The total cost of this will be borne by Epoch Properties and will not increase the cost of housing to prospective AHU tenants or owners. In addition, Epoch Properties is proposing that the entire paved access area to both the FMU and AHU parking be provided with a snow melt system. This revised parking plan provides numerous benefits to both the future occupants of the development and to residents in the immediate neighborhood: 1. The AHU occupants will each get an enclosed garage and a snow melt system at no additional cost. The garage will give tenants additional storage plus year round security and protection for their automobiles. The presently approved parking spaces are the required minimum of 8'-6" x 18'-6". The proposed new parking spaces will have interior dimensions of 10'-6" x 18'-6"---an increase of about 25% in width. 2. The proposed enclosed garages will insure visual tidiness to what could otherwise be an unsightly open air storage area. The snow melt system will also benefit the neighborhood by eliminating the need for potentially large, unsightly piles of plowed snow. 3. The proposed garage structure is intended to be constructed out of the same brick used on the FMU's and thus will visually unify the Affordable and Free Market units. 4. The proposed garage structure will completely screen the parking area of the AHU's from their outdoor courtyard thereby increasing the privacy and quality of that space for the occupants. la(3) Impact on Public Facilities: The proposed parking upgrade would place no additional demand on public facilities. to IDS la(4) Development Schedule: It is anticipated the proposed upgrade would have no affect on the present anticipated date of completion. la(5) Public Facilities on Parcel: Not Applicable Attachment 4 Review Standards: PUD Application The proposed amendment is to an already approved PUD plan. There would be no increase to density or floor area of dwelling units. The only change to the project is the enclosure of the AHU parking spaces. The proposed parking structure represents an amenity to the owners' of the AHU's, the FMU's and to the neighborhood and would seem to have no adverse affects on future development of the surrounding area. No variances from the underlying R/MF zoning are required relative to height, setbacks, open space or FAR Lighting: Indirect, movement activated lighting will be provided for the proposed parking area as shown on the attached development plan. EXHIBIT B MEMORANDUM TO: LESLIE LAMONT, PLANNING FROM: WAYNE VANDEMARK, FIRE MARSHAL RE: UTE TRAIL TOWNHOUSES/BILLINGS DATE: 2/2/94 OUR REVIEW OF THE APPLICATIONS DOES NOT POSE ANY PROBLEMS AT THIS TIME. THE AREA IS APPROXIMATELY FOUR MINUTES FROM THE FIRE STATION. THERE ARE AMPLE FIRE HYDRANTS IN THE AREA FOR FIRE SURPRESSION. MEMORANDUM TO: Leslie Lamont, Senior Planner FROM: Tom Baker, Housing Office 414), DATE: March 8 , 1994 RE: Referral Comment: Sister City Housing REFERRAL COMMENT: The Housing Office finds all points in the application (A, B, C) to be appropriate. We offer the following additional comments: 1 . The applicant should understand the RO deed restriction in the application requires compliance with whatever RO concept is adopted by the City Council with the exception that the appreciation cap is set at 4% annually beginning from day one. 2 . If the RO unit is deed restricted to category #3 or #4 , then an additional subsidy will be required from the City, i. e. , the RO unit is expected to be priced in the $230, 000 - $250 , 000 range; maximum category #3 price is $129, 200 (proposed) and maximum category #4 price is $198, 300 (proposed) . 1 IL J plats must be re-arranged in order to accomodate the pedestrian area. Section 19-181 of the Municipal Code requires that this space ('sidewalk areas") be cleared of snow during the winter for pedestrian use. Also, the applicant, in order to meet the requirements of Section 19-98, must enter a sidewalk, curb and gutter construction agreement with the City (through the Engineering Department) prior to issuance of a certificate of occupancy. 3. Plat Amendment - A plat amendment must be filed. The plat must meet the platting requirements of Section 24-7-1004.D of the Municipal Code. 4. Utility, Trash & Recycle Area - Any new above grade utility facilities such as transformers and pedestals must be installed on the applicant's property and not in the public right-of-way, with easements provided as needed. The trash area is not readily evident on the approved plans. The plat amendment must show the location of trash and recycle facilities. If utility meters are installed in the same area, they must no be obstructed by trash facilities in order to protect the utility companies' abilities to read the meters. 5. Work in the Public Rights-of-way - Given the continuous problems of unapproved work and development in public rights-of-way, we advise the applicant as follows: The applicant shall consult city engineering (920-5080) for design considerations of development within public rights-of-way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from city streets department (920-5130). The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. cc: Cris Caruso, Mary Lackner N494.11,9 \ID MEMORANDUM To: Leslie Lamont, Planning Office (/ Thru: Robert Gish, Public Works Director 1" From: Chuck Roth, Engineering Department C`c_ Date: March 3, 1994 Re: Ute Trail Townhouses/Billings Place Substantial Amendment to Final PUD Development Plan Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Parking Spaces - Neither the pre-application notes nor the application are entirely clear that the applicant is requesting a reduction in the approved on-site parking requirements from 8 to 7 for the affordable housing units. Since there are 7 affordable housing units, this would result in 1 parking space per unit. Given the site constraints, the Engineering Department is willing to withhold objections to the proposed reduction in parking, although it is of course preferable to provide the Code maximum of 2 parking spaces per affordable housing unit. Anything less presents the possibility of over-flow parking needs seeking space on City streets. The Engineering Department has no comments to the contrary regarding the proposal to enclose the AH spaces in a garage. I checked with the Sanitation District, and they will require a sand and oil separator for the garage space drainage hook-up to the sanitary sewer together with provision that no outside run-off be permitted to enter the floor drain. 2. Sidewalk - Since the applicant seeks changes to existing approvals, the City is provided the opportunity to provide current comments on the project. At the time that the project was in the review process, the "Pedestrian Walkway and Bikeway System Plan" (the Ped Plan) was not adopted and in place. Now that the 'Ped Plan" is in effect, we recommend that the applicant be required to provide at least a pedestrian sidewalk area if not a concrete sidewalk. The sidewalk area must be five feet wide, adjacent to the property, handicap accessible, and indicated as such on the amended plat. The space between the sidewalk area and the street will serve as a snow storage area and a buffer zone between pedestrians and vehicular traffic. The vegetation indicated to be installed on the recorded EXHIBIT C SISTER CITY HOUSING, INC. 106 South Mill Street, Suite 202 Aspen, Colorado 81611 (303) 920-1018 January 21 , 1994 Leslie Lemont Aspen/Pitkin County Planning Department 130 South Galena Aspen, CO 81611 RE : Billings Place - Amendment to GMQS Exemption Dear Leslie : Sister City Housing, Inc . is a non-profit corporation, the members of which are the Cities of Aspen and Shimukappu, Japan. Sister City Housing was formed to acquire the Billings property and to facilitate development of seven (7) affordable housing units known as Billings Place . Please accept this letter as an application by Sister City Housing to amend the affordable housing GMQS Exemption approval for those units . Generally, the requested amendments will allow the currently-approved form of deed restriction for a resident occupied unit to be substituted for the deed restriction approved in 1990 for Unit J, will allow a change in the price and income category of the other six (6 ) affordable units, and will clarify the terms and conditions by which previously-displaced tenants are entitled to a priority in the purchase of completed units . We further request that this application be considered simultaneously with the application for PUD amendment to allow garages filed by Epoch Properties . The particular elements of each requested amendment and an explanation of the basis for the request are described below. A. Resident Occupied Deed Restriction and Pricing. In connection with PUD approval in 1990 , the Aspen City Council approved a specific Resident Occupied Unit Deed Restriction (the "Original Restriction" ) for Unit J. A copy of the Original Restriction is attached as Exhibit A. It was proposed by Karinjo and Nicholas DeVore , who intended, as its developers, to own and occupy Unit J. Although the language of the Original Restriction is ambiguous, we believe that it would allow resale of Unit J to a "qualified buyer" for any price which such buyer would be willing to pay. In order to qualify, future buyers would have to meet the Leslie Lemont Aspen/Pitkin County Planning Department January 21 , 1994 Page 2 Housing Authority requirements applicable to resident occupied units in effect at the time of sale . At the time that the Original Restriction was approved, the City' s approach toward the so-called resident occupied units had not received much scrutiny. It was seen as a loosely-defined hybrid between a fully deed restricted unit and a free market unit which could be used to provide an economic incentive for private sector development of affordable housing at no monetary cost to the public . The circumstances surrounding the development of Billings Place and the public policies regarding resident occupied units have changed dramatically since 1990 . In particular, the public will now subsidize Billings Place, and the concept of resident occupied housing has undergone substantial refinement . Subsequent to 1990 , the Housing Authority undertook a comprehensive analysis of the resident occupied unit concept and its role in the overall affordable housing program. In addition to other specific criteria, the Housing Authority recommended to the City Council and the Board of County Commissioners that the resale of such units be subject to a 4% annual appreciation cap . The Authority also recommended that there be no limit on a buyer' s income or net worth. The appreciation cap was seen by the Housing Authority as a means of discouraging speculation and assuring that resident occupied units remain as affordable as possible to the greatest number of potential future buyers . While the City Council has not yet adopted the recommendations of the Housing Authority, indications are that the appreciation cap is acceptable . In a recent case involving a resident occupied lot (East Cooper project) , the Council approved a deed restriction with the recommended appreciation cap. Given the extent of public investment in Billings Place and the evolution of public policy regarding resident occupied units , Sister City Housing believes that the 1990 PUD Agreement should be amended to substitute the Resident Occupied Deed Restriction currently in use by the City and Housing Authority for the Original Restriction. A copy of the proposed deed restriction is attached hereto as Exhibit B . The primary difference between the two relates to the resale price . Under the Original Restriction, there was no maximum resale price . Under the proposed _ restriction, the maximum resale price will be the initial purchase price plus 4% per year . Leslie Lemont Aspen/Pitkin County Planning Department January 21 , 1994 Page 3 As a result of previous commitments, Karinjo and Nicholas DeVore will have the first right to purchase Unit J once the purchase price and terms of the deed restriction are established . Although the DeVores believe that Unit J should be classified as a resident occupied unit , they propose that their deed restriction allow for unlimited appreciation after three (3) years . They believe that a cap for three (3 ) years will address speculation concerns, that market forces will control future affordability, and that unlimited appreciation after three (3) years is appropriate for them, since that is what was contemplated in connection with the 1990 land use approvals . The Board of Directors of Sister City Housing have considered in detail the history and circumstances surrounding the DeVores' role in the development of Billings Place and their relationship with our Japanese partners . We also reviewed at length the evolution of the public policy regarding resident occupied units . The Board members all believe that , to some extent , the DeVores' efforts and sacrifices should be recognized and rewarded. We do not , however, believe that it is appropriate to structure such recognition in the form of a deed restriction containing provisions which are in stark contrast to current public policy. Rather, the Board believes, and recommends, that the DeVores be entitled to a monetary discount in the price of Unit J. The Board recommends that the initial purchase price of Unit J be equal to the cost of producing it , less $30 , 000 . 00 . The cost of producing Unit J should be somewhere between $260, 000 and $280 , 000 . The recommended purchase price would thus be between $230 , 000 and $250 , 000 . B . Income and Price Categories . The 1990 PUD approval requires that six (6) of the seven (7) units in Billings Place (2 studios and 4 two-bedrooms) be fully deed restricted and sold at Category 2 prices to households which qualify under the Category 2 income guidelines . Based upon current information available to the Housing Authority, a strong demand and need for owner occupied housing exists in both Category 2 and Category 3 . In order to afford an opportunity to decrease the public cost of this project , thereby making funds available for other currently-planned projects , while still providing units which will satisfy a demonstrated need, Sister City Housing recommends that the PUD requirements regarding maximum income and price be amended to provide as follows : 1 . Each unit will first be offered to the individuals on the priority list described in paragraph C, below, at either a Category 2 or Category 3 price, Leslie Lemont Aspen/Pitkin County Planning Department January 21 , 1994 Page 4 depending upon the income category of the purchaser . The prices will be as follows : Category 2 Category 3 Studio $ 60 , 500 $ 85 , 000 Two Bedroom $ 81 , 100 $ 115 , 000 2 . Any units which remain unsold after all priority purchasers have been exhausted will be listed and sold as Category 3 units at the prices listed above . C. Displaced Tenant Priority. The 1990 PUD Agreement granted a right of first refusal to specific long-term tenants of the Billings property. That right entitled the former tenants to purchase a unit at a Category 2 price, provided that their household income did not exceed Category 2 levels , and that they otherwise qualified under the Housing Authority Guidelines . Only those individuals who were specifically listed in an attachment to the PUD Agreement were eligible to take advantage of the right of first refusal . Sister City Housing wishes to clarify that , among those tenants, priority for first choice of a unit will be based on longevity; the person who had lived on the old Billings property the longest will have the first choice of units . This application also requests an amendment to that right of first refusal that will allow a person on the priority list whose income has increased to a Category 3 level to still be able to exercise the right of first refusal , provided that they pay the Category 3 price . . Thank you for your consideration in this matter. Please be advised that David J . Myler, Secretary of Sister City Housing, Inc . and its legal counsel , is authorized to represent the corporation in all proceedings in connection with this request for amendment . Very truly yours, SISTER CITY HOUS/TNG, IN , By. 46.9! 2/< C . A. Vidal , President Enclosures sister\lemont.ltr Exhibit A UNIT BILLINGS PLACE RESALE DEED RESTRICTION THIS RESALE DEED RESTRICTION is made and entered into , 199_, by and between of Pitkin County, Colorado ( hereinafter referred to as Owner) and the Aspen/Pitkin County Housing Authority (hereinafter referred to as APCHA) , a duly constituted multi-jurisdictional housing authority established pursuant to the Amended and Restated Intergovernmental Agreement recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office . RECITALS A. Owner has purchased Condominium Unit _ of the Billings Place Condominium according to the plat thereof recorded in Plat Book at Page of the records of the Pitkin County Clerk and Recorder's Office ( hereinafter referred to as the Unit) ; and B. Owner acknowledges and agrees that the Unit is subject to the control of APCHA as a "resident-occupied unit" which is a dwelling unit which is limited to occupancy (but not to price or income limitations ) by qualified employees of Pitkin County, meeting the guidelines or approval of APCHA. The parties wish to ensure that, on resale, Owner' s Unit is made available to satisfy the resident-occupancy needs for housing in Aspen. AGREEMENT NOW, THEREFORE, in consideration of ten dollars ( $10 . 00 ) and other good and valuable consideration paid by APCHA to Owner, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows . 1 . APCHA acknowledges Owner is a resident of Pitkin County who has been employed, living and working in Aspen and Pitkin County since and is qualified to own the Unit. 2 . Use and occupancy of the Unit shall , from the date of this Agreement forward, be limited exclusively, to individuals who are residents in Pitkin County. Use, occupancy and resale of the Unit is expressly NOT subject to the price or income limitations of APCHA. 3 . This Agreement shall constitute covenants running with and shall be a burden on the Unit for the benefit of and shall be specifically enforceable by Owner, APCHA, the City of Aspen and their respective successors or heirs , as applicable, by any appropriate legal action including but not limited to injunction or eviction of noncomplying occupants . 5 r 4 . Owner agrees that, in the event Owner changes Owner ' s domicile or ceases to utilize the Unit as Owner' s sole and exclusive place of residence, the Unit shall be offered for sale pursuant to the provisions of this Agreement . Owner shall be deemed to have changed Owner' s domicile by becoming a resident elsewhere or residing in the Unit for fewer than nine months per year without the express approval of APCHA. 5 . In the event Owner desires to sell the Unit, the Unit may be sold to any resident of Pitkin County, as such term is defined in the then current APCHA guidelines . On closing of the sale of the Unit, Owner shall pay a fee to APCHA in an amount equal to two percent of the sale price . 6 . In the event of foreclosure of a lien on the property, APCHA, the City of Aspen and their respective successors shall retain a right of first refusal for a period of 120 days over all offers to purchase the Unit by a non-Qualified Purchaser and may purchase the property for 95% of the maximum resale price irrespective of the amount of the offer to purchase made by the non-Qualified Purchaser. In the event neither APCHA nor the City of Aspen exercises its right of first refusal , the foreclosing party may then sell the property on the open market; and this agreement shall be null and void and no longer encumber the property. 7 . In the event the Unit burdened hereunder is sold and conveyed without compliance herewith, such sale shall be wholly null and void and shall confer no title whatsoever on the intended purchaser. Each and every conveyance of the unit shall be, for all purposes, deemed to include and incorporate by reference in such instrument of conveyance, even without reference hereto, the covenants contained herein. 8 . In the event APCHA has reasonable cause to believe Owner is violating the provisions of this Agreement, APCHA, by its authorized representative, may inspect the Unit between the hours of 8 :00 a.m. and 5 : 00 p.m. Monday through Friday after providing the Owner with at least 24 hours ' prior written notice. 9 . In the event a violation of this Agreement is discovered by APCHA, APCHA shall send a notice of violation to Owner describing in detail the nature of the violation and allowing Owner 15 days to cure such violation. Such notice shall advise Owner that Owner may request a hearing to determine the merit of the allegations . Any such hearing shall be conducted in accordance with grievance procedures outlined in the APCHA guidelines then existing. 10. In the event Owner fails to cure any breach of this agreement within the time allowed by paragraph k6; APCHA may resort to legal action, including mandatory injunction for specific -2- performance of the terms of this Agreement requiring sale of the Unit by Owner. The cost of such legal action and subsequent sale shall be levied against the proceeds of the sale with the balance paid to Owner. 11 . Any notice which is required to be given hereunder shall be given by mailing the same certified mail to the address provided below, which address may be changed or amended by written notice to the other party. To Owner: To APCHA: Aspen/Pitkin County Housing Authority 39551 Highway 82 Aspen, Colorado 81611 12 . There are reserved to the parties hereto any and all remedies provided by law for breach of this Agreement or any of its terms . In the event the parties resort to litigation with respect to any provision of this Agreement, the prevailing party shall be entitled to recover as damages its costs , including reasonable attorney fees . 13 . The term Owner as used herein shall refer to any and all persons (without regard to number or gender) or entities having an ownership interest in the Unit which is the subject of this Agreement . 14 . The parties agree that modifications to this Agreement shall be made only by writings signed by both parties , or their successors or assigns , recorded with the Pitkin County Clerk and Recorder' s Office. 15 . Owner acknowledges "he has read and fully understands and accepts the terms and conditions of this Agreement limiting the rental and resale of the Unit and further acknowledges that he is relying on no oral representations qualifying or limiting the terms hereof . 16 . This Deed Restriction and Agreement shall be recorded in the records of the Pitkin County Clerk and Recorder's Office . -3- Asiok • Exhibit B THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY' S OCCUPANCY AND RESALE DEED RESTRICTION, AGREEMENT AND COVENANT (RESIDENT OCCUPIED UNIT) THIS OCCUPANCY AND RESALE DEED RESTRICTION, AGREEMENT AND COVENANT (the "Agreement") is made and entered into this day of , 19 , by ( "Owner") , for the benefit of the parties and enforceable by the ASPEN/PITKIN COUNTY HOUSING AUTHORITY (hereinafter referred to as "APCHA") , a duly constituted Multi-jurisdictional Housing Authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT by and between the City of Aspen, Colorado (the "City") and Pitkin County, Colorado (the "County") , dated September 26, 1989 , and recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder' s Office. W I T N E S S E T H: WHEREAS, Owner has purchased from APCHA at a price of $ and owns as a result of that certain warranty deed executed on the date hereof, an approximate square foot dwelling ("Dwelling") located on the real property more specifically described in Exhibit A attached hereto and incorporated herein. For purposes of this Agreement, the dwelling, the real property and all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property"" ; and WHEREAS, as a condition of the sale to the Owner of the Property, the Owner is required to enter into this Agreement; and WHEREAS, Owner agrees to restrict the acquisition or transfer of the Property to "Qualified Buyers, " as that term is defined in this Agreement. In addition, the Owner agrees that this Agreement shall constitute a resale agreement setting forth the maximum sale price for which the Property may be sold ("Maximum Sale Price") , the amount of appreciation and the terms and provisions controlling the resale of the Property should Owner, or any subsequent owner, desire to sell the Property at any time after the date of this Agreement. Finally, by this Agreement, Owner agrees to restrict the Property against use and occupancy inconsistent with this Agreement. WHEREAS, "Qualified Buyers" are natural persons meeting the -residency and all other qualifications set forth in the Aspen/Pitkin County Housing Authority Affordable Guidelines, or its substitute, as adopted by APCHA, or its successor, and in effect at the time of the closing of the sale from Owner to the Qualified Buyers (the "Affordable Housing Guidelines") and who must represent and agree pursuant to this Agreement to occupy the Property as their sole place of domicile, not to engage in any business activity on the Property, and not to sell or otherwise transfer the Property for use in a trade or business. In addition, Qualified Buyers must demonstrate that their income and earnings are earned primarily in Pitkin County. Any dispute regarding whether a person is a Qualified Buyer shall be resolved by the APCHA Board of Directors. NOW, THEREFORE, for value received, the receipt and sufficiency of which is hereby acknowledged, Owner hereby represents, covenants and agrees as follows: 1 . The use and occupancy of the Property shall henceforth be limited exclusively to housing for natural persons who meet the definition of Qualified Buyers and their families. 2 . Owner is a Qualified Buyer and, in connection with the purchase of this Property, Owner agrees (i) to occupy the Property as his or her sole place of residence during the time that the Property is owned by the Owner, (ii) not to engage in any business activity on or in the Property, (iii) to sell or otherwise transfer the Property only in accordance with this Agreement and the Affordable Housing Guidelines, (iv) not to sell or otherwise transfer the Property for use in a trade or business, and (v) not to permit any use or occupancy of the Property except in compliance with this Agreement . 3 . (a) It shall be a breach of this Agreement for Owner to default in payments or other obligations due or to be performed under a promissory note secured by a first deed of trust encumbering the Property. Owner hereby agrees to notify APCHA, in writing, of any notification Owner receives from a lender, or its assigns, of past due payments or default in payment or other obligations due or to be performed under a promissory note secured by a first deed of trust, as described herein, within five (5) calendar days of Owner's notification from lender, or its assigns, of said default or past due payments. (b) Upon notification from Owner, as provided above, or other notice of such default, APCHA may offer loan counseling or distressed loan services to Owner, if any of these services are available, and is entitled to require Owner to sell the Property to avoid the commencement of any foreclosure proceeding against the Property. In the event that APCHA determines that sale of the Property is necessary, Owner shall immediately execute a standard Listing Contract on forms approved by the Colorado Real Estate Commission, providing for a thirty (30) day listing period. If a sales contract has not been executed within the initial thirty (30) day period, Owner shall extend the listing period for an additional one hundred 2 eighty (180) days, provided such extension does not conflict with the statutory rights of any secured credStoor Qualified shall determine if a prospective pure s a prerequisite to Buyer, and such a determination by any sale of the Property. (c) Owner shall, upon closing, pay a fee to APCHA in an amount equal to one percent (1%) of theisales In the event cf other amount as required by APCHA g tof a listing of the Property pursuant to this Paragraph 3 , Price Maximum Sale shall be Paragraph 6 (a) below, and the determined accordance Owner must accept any such offer. (d) Upon receipt of notice as provided in Paragraphs 3 (a) and 3 (b) , APCHA shall have the right, in its sole discretion, to cure the default or any portion thereof. In such event the Owner shall be personally liable to APCHA for past due payments made by APCHA together with interest thereon at the rate specified in the promissory note se ured by the first deed of trust, plus one percent (1%) , actual expenses of APCHA incurred in curing the default. Owner shall be required by APCHA to execute a promissory note secured by a deed of trust encumbering the Property in favor of APCHA for the amounts expended by APCHA as specified herein, including future advances made for such purposes. Owner may cure the default and satisfy its obligation to APCHA under this subparagraph at any time prior to execution of a contract for sale, upon such reasonable terms as specified by APCHA. Otherwise, Owner' s indebtedness to APCHA shall be satisfied from the Owner' s proceeds at closing. 4 . This Agreement shall constitute covenants running with the real property, described in Exhibit A, as a burden thereon, for he the benefit of, and shall be specifically enfohcedblerby)APCHA,Cthe Board of county Commissioners of the County Council for the City (the "City Council") any appropriate nd their respective e successors and assigns, as applicable, by Y performance, action including but not limited to specific p injunction, reversion, or eviction of non-complying owners and/or occupants . 5. In the event that the Owner desires to sell the Property, Owner shall execute a standard Listing Contract on forms app by the Colorado Real Estate Commission providing for a one hundred eighty (180) day listing period. The Property may be sold only to a Qualified Buyer, as determined by APCHA. Owner shall,t (po) closing, pay a fee to APCHA in an amount equal to one p of the sales price, or such other amount as required by Affordable -Housing Guidelines. 3 MAXIMUM BALE PRICE 6 . (a) Except as provided in Paragraphs 6 (b) and 10 below, the Maximum Sales Price upon any re-sale of the property shall not exceed Owner' s initial purchase price plus an increase of four percent (4%) of such price per year, simple interest, from the date of purchase to the date of the listing contract, prorated at the rate of one quarter percent ( . 25%) for each whole month for any part of a year. (b) In the event of any sale required pursuant to Paragraphs 3 (b) or 18, the Maximum Sales Price shall not exceed the amount determined in accordance with Paragraph 6 (a) , above, or appraised value, whichever is less. The cost of any appraisal shall be borne by the Owner. Appreciation shall be subject to the limitations of Paragraph 21. (c) Nothing herein shall be construed to constitute a representation or guarantee by APCHA, the City or the County that on sale the owner shall obtain the listing price or the Maximum Sale Price. 7 . All disputes between Owner and APCHA, its employees or agents , shall be resolved in accordance with the grievance procedures set forth in the Affordable Housing Guidelines. 8 . Owner shall not permit any prospective buyer to assume any or all of the Owner' s customary closing costs nor accept any other consideration which would cause an increase in the Maximum Sale Price specified in Paragraph 6 (a) , above the bid price so as to induce the Owner to sell to such prospective buyer. 9 . It shall be within the Owner' s discretion to select among competing Qualified Buyers who submit an offer for the purchase of the Property, whether the sale is voluntary or required by this Agreement, and without regard to any applicable sales price limitation. In such event, Owner's rights and obligations, except as specified in this Agreement, shall be determined by Colorado law. 10. In the event that title to the Property vests by descent in individuals and/or entities who are not Qualified Buyers as that term is defined herein, (hereinafter "Non-Qualified Transferee(s) ") , the Property shall immediately be listed for sale as provided in Paragraph 5 above (including the payment of the specified fee to APCHA) , and the highest bid by a Qualified Buyer, for not less than ninety-five percent (95%) of the Maximum Sale Price or the appraised market value, whichever is less, shall be -accepted; if all bids are below ninety-five percent (95%) of the Maximum Sale Price or the appraised market value, the Property shall continue to be listed for sale until a bid in accordance with 4 this section is made, which bid must be accepted. The cost of the appraisal shall be paid by the Non-Qualified Transferee(s) . (a) Non-Qualified Transferee(s) shall join in any sale, conveyance or transfer of the Property to a Qualified Buyer and shall execute any and all documents necessary to do so; and (b) Non-Qualified Transferee(s) agree of the (i)Property, Property, (ii) rent all or any part in strict compliance with Paragraph 14 hereof, (iii) engage in any other business activity on or in the Property, (iv) sell or otherwise transfer the Property except in accordance with this Agreement and the Affordable Housing Guidelines, or (v) sell or otherwise transfer the Property for use in a trade or business. (c) APCHA, the County and the City, or their respective successors, as applicable, shall have the right and option to purchase the Property, exercisable within a period of fifteen ( 15) calendar days after receipt of any sales offer submitted to APCHA by a Non-Qualified Transferee(s) , and, in the event of exercising their right and option, shall purchase the Property from the Non-Qualified Transferee(s) for a price of ninety-five percent (95%) of the Maximum Sale Price, or the appraised market value, whichever is less. The offer to purchase shall be made by the Non-Qualified Transferee(s) within fifteen (15) days of acquisition of the Property. (d) Where the provisions of this Paragraph 10 apply, APCHA may require the Owner to rent the Property in accordance with the provisions of Paragraph 14, below. OWNER RESIDENCE 11 . owner represents and warrants that the Property shall be and is to be utilized only, as the sole and exclusive domicile of Owner. 12 . Owner agrees that, in the event Owner changes domicile or ceases to utilize the Property as his sole and exclusive place of residence, the Property will be offered for sale pursuant to the provisions of Paragraph 5 of this Agreement. Owner shall be deemed to have changed owner' s domicile by becoming a resident elsewhere or accepting permanent employment outside Pitkin County, or residing on the Property for fewer than nine (9) months per calendar year without the express written approval of APCHA, or otherwise violating the residency requirements of the applicable APCHA guidelines. (In the event of a conflict between this paragraph and APCHA guidelines, the guidelines shall prevail) . If the Owner changes domicile, APCHA may require the Owner to rent the 5 Property in accordance with the provisions of Paragraph 13 , below. APCHA may at any time request whatever information is reasonably necessary to determine Owner's place of domicile. RENTAL 13 . Owner may not, except with prior written approval of APCHA, and subject to APCHA' s conditions of approval, rent the Property for any period of time. Prior to occupancy any tenant must be approved by the Homeowner's Association, if applicable, and APCHA in accordance with the restrictions, limitations, and all other qualifications established by APCHA in its Affordable Housing Guidelines as they relate to Resident Occupied Units. APCHA shall not approve any rental if such rental is being made by Owner to utilize the Property an as income producing asset, except as provided below, and shall not approve a lease with a rental term in excess of twelve (12) months. A signed copy of the lease must be provided to APCHA prior to occupancy by any tenant. Any such lease approved by APCHA shall be subject to the following rent calculations : (a) A rental rate not to exceed the monthly expenses for the cost of principal and interest payments, taxes, property insurance, condominium or homeowner assessments, utilities plus an additional Twenty Dollars ($20.00) and a reasonable (refundable) security deposit; or (b) In the event that there is no outstanding mortgage on the Property, the rental rate shall be based on Category #4 Rents for a similar unit as defined in the most current Affordable Housing Guidelines as adopted from time to time; or (c) Such other amount as determined in APCHA guidelines. The requirements of this Paragraph shall not preclude the Owner from sharing occupancy of the Property with non-owners on a rental basis provided Owner continues to meet the obligations contained in this Agreement, including Paragraph 11. 14 . Except with the approval of APCHA, the Owner shall not create an additional dwelling unit, as defined in the Pitkin County or City of Aspen Land Use Code, in or on the Property. 15 . Nothing herein shall be construed to require APCHA to protect or indemnify the Owner against any losses attributable to the rental including (not by way of limitation) non-payment of rent or damage to the premises; nor to require APCHA to obtain a qualified tenant for the Owner in the event that none is found by k.he Owner. 6 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Senior Planner DATE: April 5, 1994 RE: Ute Trail Townhomes Substantial PUD Amendment & GMQS Exemption Amendment - Public Hearing SUMMARY: The applicants, Epoch Properties and Sister City Housing, request to amend the PUD development plan for the Ute Trail Townhomes. The applicants propose to develop seven enclosed parking spaces for the seven affordable dwelling units and amend the income and price restrictions of the seven affordable dwelling units. Please find the applicant' s proposal attached, Exhibit A. Staff recommends approval of the proposed amendments. APPLICANT: Epoch Properties, represented by Bill Lipsey and Sister City Housing, represented by Dave Myler LOCATION: 831 Ute Avenue, Aspen Colorado ZONING: R/MF PUD APPLICANT'S REQUEST: The applicants proposed the following amendments to the final PUD development plan for Ute Trail Townhomes: * reduce the approved employee housing parking from 8 to 7 on-site parking spaces; * build a parking structure to enclose seven on-site parking spaces; and * amend the GMQS Exemption for affordable housing by amending the price and income restrictions for the seven affordable dwelling units. Staff has interpreted the reduction of parking and the proposed parking structure as substantial amendments to the final PUD development plan. Although the amendment to the affordable housing deed restrictions is an insubstantial amendment, staff has included this information in order for all review bodies and the public to understand all the changes being proposed for this development. REFERRAL COMMENTS: Please find referral comments attached, Exhibit B. BACKGROUND: The Ute Trail Townhomes final PUD development plan was approved in 1990. The plan included four free market townhomes along Ute Avenue each with a two car garage. Seven affordable dwelling units were approved for the rear of the property with eight parking spaces, two of which would have been enclosed in a garage. All the parking would have been accessed off of the Aspen Mountain road. Since the time of approval, the four free market units have been reduced to three free market units. In addition, a lawsuit was initiated by some adjoining neighbors. A settlement was reached and part of that settlement required the southeastern, employee 4- plex to be moved two feet from the east property line. That shift in the building envelop resulted in the loss of the eighth parking space. An amended landscape plan must also be recorded because a large cottonwood tree was lost during excavation. STAFF COMMENTS: Pursuant to Section 24-7-907 a substantial amendment to a final PUD development plan must be reviewed pursuant to the terms and procedures of the final development plan provided that the proposed change is consistent with or an enhancement of the approved final development plan. Final development plan review requires review by the Commission and Council with a public hearing at the Commission meeting. I. PUD Amendments - A. Parking Reduction - According to the application, the eighth parking space has been lost due to the lawsuit settlement which required the southeastern building to be moved an additional two feet from the east property boundary. It also appears from the submitted plans that a 39" walkway is included in the proposed parking scenario and the width of the new parking spaces has increased from 8 ' -6" to l0 ' -6" . Staff requested a direct walkway from the interior parking area up into the employee housing courtyard to prevent residents having to walk around the parking structure to get into the courtyard and their front doors. The employee units have not been developed with excess storage area. By enclosing the parking spaces and increasing the width, residents will be able to store bikes, skis, etc. in tandem with their automobiles. B. Garage: Epoch Properties propose, at their expense, to construct enclosed parking for the seven employee parking spaces and to snowmelt the entire paved driveway between the free market units and the affordable units. 2 The new garage structure will provide seven 10 ' -6"x 18 '-6" spaces. The total size of the structure, which includes the trash enclosure and boiler room for the snowmelt system, is 1, 630 sq. ft. The application presents the following comments . regarding the proposed benefit of the enclosed parking: * Costs of the parking and snowmelt system will be borne by the developer. The garage will give tenants additional storage and automobile protection. * The garage will ensure "visual tidiness to what could otherwise be an unsightly open air storage area. " The snowmelt system will prevent plowing and piling of snow. * The garage will be constructed out of the same brick used on the free market units and "visually unify the free market units with the affordable units. " * The parking structure will screen the employee housing courtyard from the driveway and parking, thus providing more outdoor privacy for the employee housing residents. The Municipal Code does not count enclosed parking as floor area for residential units, a 500 square foot floor area bonus is provided for each residential unit. The Code does not differentiate between multi-family or detached/duplex residential land uses. In addition, surface parking does not count as open space. The Ute Trail Townhomes received several dimensional variations during the PUD review of this proposal . One of the variations was an open space variation primarily due to the development's proximity to Glory Hole Park and the inclusion of the center courtyard between the two affordable housing structures. The parking requirement for the project was also varied due to the project's proximity to the downtown commercial core including the ski area, City Market, and RFTA routes. II. Employee Housing Amendments - The final PUD development plan approved seven affordable dwelling units. Six of the units were proposed to be deed restricted to Category 2 income guidelines and the seventh unit to Resident Occupancy. Sister City Housing would like to clarify the Displaced Tenant Priority list. The list grants a right of first refusal to long- term tenants of Dean Billings property that were displaced as a result of this development. Sister City would like to amend the list to clarify that first priority will be given to the tenant that has resided on the Billings property the longest. In 3 3 addition, if a displaced tenant does in fact qualify for a Category 3 dwelling unit the unit should be sold at the Category 3 price. Secondly, Sister City Housing proposes that if the list is exhausted for the displaced tenants, unsold units will be listed as Category 3 prices. Third, Sister City Housing proposes to set the sales price for the units within Category 2 & 3 : Studio Category 2 - $60, 500, Category 3 - $85, 000; Two Bedroom Category 2 - $81, 100, Category 3 - $115, 000. Finally, Sister City Housing also proposes to replace the Resident Occupied unit as a Category 3 or 4 unit. STAFF RECOMMENDATION: I. Garage - Although an open space variance was granted for this project and the development is built-out at the maximum allowable floor area, staff recommends approval of the seven enclosed parking spaces for the following reasons: * the additional bulk and mass will not be visible from Ute Avenue; * the parking area is not considered open space therefore the "open space" is not being reduced; * although staff has strong reservations about adding more mass and bulk to this parcel, the benefit of enclosed parking and additional storage outweighs these concerns; and * staff would recommend that the parking structure match the shingle siding that was proposed on the final building plans rather than the proposed brick - a wood siding would soften the building making it less massive and solid than a brick structure. II. Employee Housing - Staff supports the clarification for the Displaced Tenant List and staff supports the change from Category 2 to Category 3 guidelines only for those units that have not sold first to displaced tenants or if displaced tenants qualify for Category 3 housing. However, staff does not agree with a predetermined sales price within the category for sales to the displaced tenants. When the final PUD development plan was approved, the units were designated Category 2 and were intended to provide affordable sale housing for the tenants being displaced. No specific sales prices within Category 2 were discussed or established at that time. 4 Oc The sales prices in Category 2 range from $26, 200 to $60, 500 for a studio, and $39, 500 to $81, 000 for a two bedroom, assuming the 1994 Guidelines are adopted. Within this wide range any number of tenants may not qualify for the upper end of the Category. During the review and approval of this development, a commitment was made by the applicant and the City to existing tenants that he effort to develop AH on this parcel was to save them from having to leave Aspen. Staff, in conjunction with the Director of the Housing Authority, recommends against a specific Category 2 sales price. Qualified tenants from the Displaced Tenant List should be allowed to purchase a unit within Category 2 based upon what they can afford. In addition, the displaced tenants have not been queried to determine whether a specific price of $60, 000 for a studio or $81, 000 for a two bedroom could be afforded or whether a lower priced unit, still within the Category 2 guidelines, is affordable. Staff must point out for Commission and Council benefit, that if staff ' s recommendation is followed, a greater subsidy for these units will be necessary. Likewise, if the Resident Occupied unit status is dropped to Category 3 or 4, additional subsidy will be required (please see APCHA referral comment, Exhibit B) . The applicant was not clear to which category the RO unit was to be changed. RECOMMENDED MOTIONS: "I move to recommend to City Council approval of the substantial PUD amendment for Ute Trail Townhomes with the following conditions: 1. Wood shingle siding, instead of brick, shall be used on the garage structure. 2 . Prior to the issuance of a change order for the garage, the Aspen Consolidated Sanitation District shall review the drainage plans for approval. A sand and oil separator from the garage shall be hooked-up to the sanitary sewer. 3 . A five foot sidewalk area shall be provided along Ute Avenue. Prior to the issuance of a change order for the garage, the applicant shall sign a sidewalk, curb and gutter agreement. 4 . An amended plat must be filed within 180 days of final approval or the approval is void. The plat must be reviewed by the Planning and Engineering Department prior to filing. 5. Utility transformers and pedestals shall be installed, unobstructed, on the applicant ' s property with easements provided as needed. Easements must be indicated on amended plat. The location of the trash and recycle facilities must be shown on the amended plat. 5 7 b 6. The applicant shall consult city engineering (920-5080) for design considerations of development within public rights-of-way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from city streets department (920- 5130) . " "I move to recommend to Council the amendments to the GMQS Exemption for affordable housing with the following conditions: 1. The Displaced Tenant List shall be clarified to give first priority to those tenants that have lived on Dean Billings property the longest. 2 . If the tenant list is exhausted and units remain unsold, the remaining units may be sold at the Category 3 prices as established by Sister City Housing: studio $85, 000 and two bedroom $115, 000. 3 . A Category 2 price shall not be established for the Displaced Tenants, units shall be sold based upon what the tenants can afford within the Category 2 price guidelines. A specific Category 3 price shall not be established for displaced tenants that qualify for Category 3 . 4 . Sister City Housing shall be use the 1994 APCHA Guidelines if they are adopted prior to filing of deed restrictions for the affordable housing units. EXHIBITS: A. Application B. Referral Comments 6 PUBLIC NOTICE RE: UTE TRAIL TOWNHOUSES/BILLINGS PLACE SUBDIVISION/PUD SUBSTANTIAL AMENDMENT TO FINAL PUD DEVELOPMENT PLAN AND AMENDMENT TO THE AFFORDABLE HOUSING GMQS EXEMPTION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 5, 1994 at a meeting to begin at 4 : 30 p.m. before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena, Aspen, CO to consider an application submitted by Jim Pugh, Epoch Properties, Inc. , 359 Carolina Ave. , Winter Park, FL, requesting approval of a substantial amendment to the Final PUD Development Plan to build a garage to enclose the seven existing parking spaces for the affordable housing units and amend the affordable housing GMQS Exemption for the 7 affordable dwelling units. The property is located at 831 Ute Ave. ; Lots 14 & 15A, Ute Addition, and a tract of land in lots 33 & 38, Section 18, Township 10 South, Range 84 West of the 6th P.M. For further information, contact Leslie Lamont at the Aspen/Pitkin Planning Office, 130 S. Galena, Aspen, CO 920-5101 s/Bruce Kerr, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on March 18, 1994 City of Aspen Account i? I_ / T i ... :✓7u i 4fiv • "edit fl, DISTRIBUTED O T -4L on' " " E . / I L/ f_45 41-4 FTspon For: C l51/Yt C ka^c110' (17 zmay re-vd, , fry e &Sp- t2- d a-re, ., 6{n /) /_ � G�� ./I��`2-fi /!il",� •_-..�"G� -mac .. 44 I /i dG7k1i. tfizi 4 ,e,47 Aes ✓ f tr - �a� 0,M9et-t iiew-t v&if,, . 7-A.c, e_. IS ftifr ,-.2%./ g_erahe A, ,e„ 47,0 Altudomr ril 0-e yteter172/1-41M/ ci-vvetu a( z.-{_i ----freirity J 7 elvd diArated.- ---c-:- zio inped/ -/itek-----41-114- 7 ) ---)47,-- 7-3e1 -d-k-etri ( tru-n4 l_, al(e)zd it tree/nip-Ads A-- am-vq-d-d-d-H-fr-2 At . 771e., ,,,e-ei 71 _rilti .44,9 --reednivwd-eze-24/7--- .44e2p-niCSE C-e, .--- /-4-keil-ad r r . 1 YL:e-y-ei _._ , -,----->- Oa, .yeetee 4.1 e±-t_s,„ aftnitnA ' .i.2 0-r-hr --- April 5, 1994 THE CITY OF ASPEN OFFICE OF THE MAYOR George and Mary Gleason P.O. Box 1284 Aspen, CO 81612 Dear Mr. and Mrs. Gleason: Thank you for your recent letter regarding the DeVores and the Billings building project. Your letter has been forwarded to the Aspen City Council, Planning and Housing Departments for further consideration. We thank you for your comments and welcome any future suggestions or concerns you may have. Sincerely, John S. Bennett Mayor cc: City Council Planning Housing 130 SOLTH GALENA STR[ET • AN EN COLORADO 81611 • PHONE 303 920 5199 • FAX 303.920.5119 rm,Ho..,.,,.aEL, `!. .I It ID ‘5 illa 14 411 - _ _ :44.--,,,F.A.7.4 , . 1 - -104;,..q 0 icoil . UNIT J +4 • ,• �a � • SPEN u ��' M'�UNT• N ` UMISD MI /�= �/�� 0 ea ROA t 11 �e, M ADMIS iFJ1.7 O O.• '1 Intl, ili, L .• .- .rt`i4- ; - alai 4--Vt-----------7 ,filliiiith'--..1, W. it. . I To gi 4t 1 I" ' in a ,.._. It mi It \rii:-- __ - I ter — , , +4-- .f-— z , \ --... ______ \ 1i • or _______>...,. Seemenalt Ana ...01: ''/ +-." . f j Irma,l'-'"7-.--alro- ..--..._ . it �V = e� f ' !' TOWNIfo1SBA - I TOWNHOU58. W. , TOWNHOUSi C -. j lit ar;.4►.4r.0.. i►.�►.4r.0; Air.ter.dir.VP.41►. 1 iii 111 itUi SITE PLAN all II 70 10 30 40 UTE AVENUE 11%.r PLANT SCHEDULE SYMBOL COMMON BOTANICAL NAME SIZE QUAN/COMMENTS NAME 0 Bristlecone Pine Foxtail Pine 12' 6+6 `�� Aspen Populus tremuloides 2" 5+11/50% multi-trunk ipo` Ho pa Crabapple Malus sp.• v. ho pa 2" 17/ matched 0 Cottonwood Populus augustifoia 3" 15+2 ,,` Cotoneaster Cotoneaster 1 gal 14 horizontalis Buffalo Juniper Juniperus sabina 5 gal 10 "Buffalo" Service Berry Amelanchier 1 gal 3 ainifolia Creeping Mahonia repens 1 gal 24"OC Mahoina Mountain Lover Pachystima mrysinites 1 gal 18" OC Vinca Vinca minor 1 gal 30" OC Creeping Potentilla verna 1 gal 24"OC Potentilla Flower Beds Seeded Native Grasses NOTES: 1. Numbered trees on the Site Plan represent fulfillment of the cottonwood tree mitigation plan worked out with George Robinson of the Parks Department. The plan called for 79" of caliper to be replaced. 46" of caliper has been replaced on-site using George Robinson's memo as a guideline. The balance of 33" of caliper will be given to the Parks Department to do with as they see fit. 2. Buried utilities along East property line need to be avoided by new planting and may result in adjustments to location of plant material in that area on the attached plan. 3. See attached letter from George Robinson regarding plant layout criteria ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 MEMORANDUM TO: City Engineer Housing Director Parks Department Zoning Administration Aspen Fire Protection District FROM: Leslie Lamont, Planning Office RE: Ute Trail Townhouses/Billings Place Substantial Amendment to Final PUD Development Plan Parcel ID No. 2737-182-95-101 DATE: February 1, 1994 Attached for your review and comments is an application submitted by Jim Pugh, Epoch Properties, Inc. Please return your comments to me no later than March 4, 1994. Thank you. MEMORANDUM I TO: Leslie Lamont, Planning Office FROM: Thomas M. Baker, Executive Director DATE: May 26, 1994 RE: Referral Comments: Sister Cities Housing REFERRAL COMMENTS: The Housing Board recommends the following: -E . 1. Convert the RO unit to a Category #4 unit: the initial sale price shall be $150, 000 plus upgrades; however, if the initial sales price exceeds $175, 000, then this issue must be reviewed by the Housing Board. 2 . Allow the applicant to sell the category units in the category #3 range for the following reasons - persons on the priority list who have incomes in the category #3 range; and for units left unsold after persons on the priority list have exercised their options to purchase. 3 . Persons on the priority list be given selection preference based on longevity. 4 . Category #2 units be sold for $60, 500 (studio) and $81, 000 (2 bdrm) ; and category #3 units be sold for $85,000 (studio) and $115, 000 (2 bdrm) . The Housing Board felt that these prices were appropriate given that persons on the priority list are given preference and that the minimum occupancy requirement was being waived. Additionally, the Housing Board finds that if Council elects to increase the category #3 units to the top of that range, then the Housing Board will support those prices in order to reduce the City' s subsidy. The top of category #3 is $99, 000 (studio) and $119 , 400 (2 bdrm) . � �Cr J c QcVir C �r 7-1?4-c (7` rri 7 ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5197 February 1, 1994 William Lipsey 414 N. Mill St. Aspen, CO 81611 Re: Ute Trail Townhouses/Billings Place Substantial Amendment to Final PUD Development Plan Case A4-94 Dear Bill, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. Please provide the revised copies of the landscaping plan by February 24. We have scheduled this application for review by the Aspen Planning and Zoning Commission at a Public Hearing to be held on Tuesday, April 5, 1994 at a meeting to begin at 4:30 p.m. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to mail notice to property owners within 300' and to post the subject property with a sign at least ten (10) days prior to the public hearing. Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the public hearing. If you have any questions, please call Leslie Lamont, the planner assigned to your case, at 920- 5101. Sincerely, Suzann L. lff Administrative Assistant apz.ph SISTER CITY HOUSING, INC. 106 South Mill Street, Suite 202 Aspen, Colorado 81611 (303) 920-1018 January 21 , 1994 Leslie Lemont Aspen/Pitkin County Planning Department 130 South Galena Aspen, CO 81611 RE : Billings Place - Amendment to GMQS Exemption Dear Leslie : Sister City Housing, Inc . is a non-profit corporation, the members of which are the Cities of Aspen and Shimukappu, Japan. Sister City Housing was formed to acquire the Billings property and to facilitate development of seven (7) affordable housing units known as Billings Place . Please accept this letter as an application by Sister City Housing to amend the affordable housing GMQS Exemption approval for those units . Generally, the requested amendments will allow the currently-approved form of deed restriction for a resident occupied unit to be substituted for the deed restriction approved in 1990 for Unit J, will allow a change in the price and income category of the other six (6) affordable units, and will clarify the terms and conditions by which previously-displaced tenants are entitled to a priority in the purchase of completed units . We further request that this application be considered simultaneously with the application for PUD amendment to allow garages filed by Epoch Properties . The particular elements of each requested amendment and an explanation of the basis for the request are described below. A. Resident Occupied Deed Restriction and Pricing. In connection with PUD approval in 1990 , the Aspen City Council approved a specific Resident Occupied Unit Deed Restriction (the "Original Restriction" ) for Unit J. A copy of the Original Restriction is attached as Exhibit A. It was proposed by Karinjo and Nicholas DeVore, who intended, as its developers, to own and occupy Unit J. Although the language of the Original Restriction is ambiguous, we believe that it would allow resale of Unit J to a "qualified buyer" for any price which such buyer would be willing to pay. In order to qualify, future buyers would have to meet the Leslie Lemont Aspen/Pitkin County Planning Department January 21 , 1994 Page 2 Housing Authority requirements applicable to resident occupied units in effect at the time of sale . At the time that the Original Restriction was approved, the City' s approach toward the so-called resident occupied units had not received much scrutiny. It was seen as a loosely-defined hybrid between a fully deed restricted unit and a free market unit which could be used to provide an economic incentive for private sector development of affordable housing at no monetary cost to the public . The circumstances surrounding the development of Billings Place and the public policies regarding resident occupied units have changed dramatically since 1990 . In particular, the public will now subsidize Billings Place, and the concept of resident occupied housing has undergone substantial refinement . Subsequent to 1990 , the Housing Authority undertook a comprehensive analysis of the resident occupied unit concept and its role in the overall affordable housing program. In addition to other specific criteria, the Housing Authority recommended to the City Council and the Board of County Commissioners that the resale of such units be subject to a 4% annual appreciation cap . The Authority also recommended that there be no limit on a buyer' s income or net worth. The appreciation cap was seen by the Housing Authority as a means of discouraging speculation and assuring that resident occupied units remain as affordable as possible to the greatest number of potential future buyers . While the City Council has not yet adopted the recommendations of the Housing Authority, indications are that the appreciation cap is acceptable . In a recent case involving a resident occupied lot (East Cooper project) , the Council approved a deed restriction with the recommended appreciation cap . Given the extent of public investment in Billings Place and the evolution of public policy regarding resident occupied units , Sister City Housing believes that the 1990 PUD Agreement should be amended to substitute the Resident Occupied Deed Restriction currently in use by the City and Housing Authority for the Original Restriction. A copy of the proposed deed restriction is attached hereto as Exhibit B. The primary difference between the two relates to the resale price . Under the Original Restriction, there was no maximum resale price . Under the proposed _ restriction, the maximum resale price will be the initial purchase price plus 4% per year . Leslie Lemont Aspen/Pitkin County Planning Department January 21, 1994 Page 3 As a result of previous commitments, Karinjo and Nicholas DeVore will have the first right to purchase Unit J once the purchase price and terms of the deed restriction are established. Although the DeVores believe that Unit J should be classified as a resident occupied unit , they propose that their deed restriction allow for unlimited appreciation after three (3) years . They believe that a cap for three (3) years will address speculation concerns, that market forces will control future affordability, and that unlimited appreciation after three (3) years is appropriate for them, since that is what was contemplated in connection with the 1990 land use approvals . The Board of Directors of Sister City Housing have considered in detail the history and circumstances surrounding the DeVores' role in the development of Billings Place and their relationship with our Japanese partners . We also reviewed at length the evolution of the public policy regarding resident occupied units . The Board members all believe that, to some extent, the DeVores' efforts and sacrifices should be recognized and rewarded. We do not , however, believe that it is appropriate to structure such recognition in the form of a deed restriction containing provisions which are in stark contrast to current public policy. Rather, the Board believes, and recommends, that the DeVores be entitled to a monetary discount in the price of Unit J. The Board recommends that the initial purchase price of Unit J be equal to the cost of producing it, less $30, 000 . 00 . The cost of producing Unit J should be somewhere between $260, 000 and $280 , 000 . The recommended purchase price would thus be between $230 , 000 and $250 , 000 . B . Income and Price Categories . The 1990 PUD approval requires that six (6) of the seven (7) units in Billings Place (2 studios and 4 two-bedrooms) be fully deed restricted and sold at Category 2 prices to households which qualify under the Category 2 income guidelines . Based upon current information available to the Housing Authority, a strong demand and need for owner occupied housing exists in both Category 2 and Category 3 . In order to afford an opportunity to decrease the public cost of this project, thereby making funds available for other currently-planned projects, while still providing units which will satisfy a demonstrated need, Sister City Housing recommends that the PUD requirements regarding maximum income and price be amended to provide as follows : 1 . Each unit will first be offered to the individuals on the priority list described in paragraph C, below, at either a Category 2 or Category 3 price, Leslie Lemont Aspen/Pitkin County Planning Department January 21 , 1994 Page 4 depending upon the income category of the purchaser. The prices will be as follows : Category 2 Category 3 Studio $ 60, 500 $ 85 , 000 Two Bedroom $ 81, 100 $ 115 , 000 2 . Any units which remain unsold after all priority purchasers have been exhausted will be listed and sold as Category 3 units at the prices listed above . C. Displaced Tenant Priority. The 1990 PUD Agreement granted a right of first refusal to specific long-term tenants of the Billings property. That right entitled the former tenants to purchase a unit at a Category 2 price, provided that their household income did not exceed Category 2 levels, and that they otherwise qualified under the Housing Authority Guidelines . Only those individuals who were specifically listed in an attachment to the PUD Agreement were eligible to take advantage of the right of first refusal . Sister City Housing wishes to clarify that, among those tenants, priority for first choice of a unit will be based on longevity; the person who had lived on the old Billings property the longest will have the first choice of units . This application also requests an amendment to that right of first refusal that will allow a person on the priority list whose income has increased to a Category 3 level to still be able to exercise the right of first refusal, provided that they pay the Category 3 price . Thank you for your consideration in this matter. Please be advised that David J. Myler, Secretary of Sister City Housing, Inc . and its legal counsel , is authorized to represent the corporation in all proceedings in connection with this request for amendment . Very truly yours, SISTER CITY HOUS G, IN , Bye/A. Vidal, President C.Enclosures sister\lemont.ltr Exhibit A UNIT BILLINGS PLACE RESALE DEED RESTRICTION THIS RESALE DEED RESTRICTION is made and entered into , 199_, by and between of Pitkin County, Colorado ( hereinafter referred to as Owner) and the Aspen/Pitkin County Housing Authority ( hereinafter referred to as APCHA) , a duly constituted multi-jurisdictional housing authority established pursuant to the Amended and Restated Intergovernmental Agreement recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder' s Office . RECITALS A. Owner has purchased Condominium Unit _ of the Billings Place Condominium according to the plat thereof recorded in Plat Book at Page of the records of the Pitkin County Clerk and Recorder' s Office (hereinafter referred to as the Unit) ; and B. Owner acknowledges and agrees that the Unit is subject to the control of APCHA as a "resident-occupied unit" which is a dwelling unit which is limited to occupancy (but not to price or income limitations ) by qualified employees of Pitkin County, meeting the guidelines or approval of APCHA. The parties wish to ensure that, on resale, Owner's Unit is made available to satisfy the resident-occupancy needs for housing in Aspen. AGREEMENT NOW, THEREFORE, in consideration of ten dollars ( $10 . 00 ) and other good and valuable consideration paid by APCHA to Owner, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows . 1 .. APCHA acknowledges Owner is a resident of Pitkin County who has been employed, living and working in Aspen and Pitkin County since and is qualified to own the Unit. 2 . Use and occupancy of the Unit shall, from the date of this Agreement forward, be limited exclusively to individuals who are residents in Pitkin County. Use, occupancy and resale of the Unit is expressly NOT subject to the price or income limitations of APCHA. 3 . This Agreement shall constitute covenants running with and shall be a burden on the Unit for the benefit of and shall be specifically enforceable by Owner, APCHA, the City of Aspen and their respective successors or heirs , as applicable, by any appropriate legal action including but not limited to injunction or eviction of noncomplying occupants . 5 r - 4 . Owner agrees that, in the event Owner changes Owner' s domicile or ceases to utilize the Unit as Owner's sole and exclusive place of residence, the Unit shall be offered for sale pursuant to the provisions of this Agreement . Owner shall be deemed to have changed Owner' s domicile by becoming a resident elsewhere or residing in the Unit for fewer than nine months per year without the express approval of APCHA. 5 . In the event Owner desires to sell the Unit, the Unit may be sold to any resident of Pitkin County, as such term is defined in the then current APCHA guidelines . On closing of the sale of the Unit, Owner shall pay a fee to APCHA in an amount equal to two percent of the sale price. 6 . In the event of foreclosure of a lien on the property, APCHA, the City of Aspen and their respective successors shall retain a right of first refusal for a period of 120 days over all offers to purchase the Unit by a non-Qualified Purchaser and may purchase the property for 95% of the maximum resale price irrespective of the amount of the offer to purchase made by the non-Qualified Purchaser. In the event neither APCHA nor the City of Aspen exercises its right of first refusal, the foreclosing party may then sell the property on the open market; and this agreement shall be null and void and no longer encumber the property. 7 . In the event the Unit burdened hereunder is sold and conveyed without compliance herewith, such sale shall be wholly null and void and shall confer no title whatsoever on the intended purchaser. Each and every conveyance of the unit shall be, for all purposes, deemed to include and incorporate by reference in such instrument of conveyance, even without reference hereto, the covenants contained herein. 8 . In the event APCHA has reasonable cause to believe Owner is violating the provisions of this Agreement, APCHA, by its authorized representative, may inspect the Unit between the hours of 8 :00 a.m. and 5 : 00 p.m. Monday through Friday after providing the Owner with at least 24 hours ' prior written notice. 9 . In the event a violation of this Agreement is discovered by APCHA, APCHA shall send a notice of violation to Owner describing in detail the nature of the violation and allowing Owner 15 days to cure such violation. Such notice shall advise Owner that Owner may request a hearing to determine the merit of the allegations . Any such hearing shall be conducted in accordance with grievance procedures outlined in the APCHA guidelines then existing. `1 10 . In the event Owner fails to cure any breach of this agreement within the time allowed by paragraph k6; APCHA may resort to legal action, including mandatory injunction for specific -2- performance of the terms of this Agreement requiring sale of the Unit by Owner. The cost of such legal action and subsequent sale shall be levied against the proceeds of the sale with the balance paid to Owner. 11 . Any notice which is required to be given hereunder shall be given by mailing the same certified mail to the address provided below, which address may be changed or amended by written notice to the other party. To Owner: To APCHA: Aspen/Pitkin County Housing Authority 39551 Highway 82 Aspen, Colorado 81611 12 . There are reserved to the parties hereto any and all remedies provided by law for breach of this Agreement or any of its terms . In the event the parties resort to litigation with respect to any provision of this Agreement, the prevailing party shall be entitled to recover as damages its costs , including reasonable attorney fees . 13 . The term Owner as used herein shall refer to any and all persons (without regard to number or gender) or entities having an ownership interest in the Unit which is the subject of this Agreement. 14 . The parties agree that modifications to this Agreement shall be made only by writings signed by both parties , or their successors or assigns , recorded with the Pitkin County Clerk and Recorder's Office. 15 . Owner acknowledges he has read and fully understands and accepts the terms and conditions of this Agreement limiting the rental and resale of the Unit and further acknowledges that he is relying on no oral representations qualifying or limiting the terms hereof . 16 . This Deed Restriction and Agreement shall be recorded in the records of the Pitkin County Clerk and Recorder's Office. -3- IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year first written above. OWNER: THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY Name Title 39551 Highway 82 Aspen, Colorado 81611 STATE OF COLORADO ) ss . COUNTY OF PITRIN Acknowledged before me , 199_, by My commission expires • Witness my hand and official seal . Notary Public STATE OF COLORADO ) ss . COUNTY OF PITKIN Acknowledged before me , 199 , by as of The Aspen/Pitkin County Housing Authority. My commission expires • Witness my hand and official seal . Notary Public neldev\docs\resaldre . 01 -4- Exhibit B THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY'S OCCUPANCY AND RESALE DEED RESTRICTION, AGREEMENT AND COVENANT (RESIDENT OCCUPIED UNIT) THIS OCCUPANCY AND RESALE DEED RESTRICTION, AGREEMENT AND COVENANT (the "Agreement") is made and entered into this , day of , 19 , by ("Owner") , for the benefit of the parties and enforceable by the ASPEN/PITKIN COUNTY HOUSING AUTHORITY (hereinafter referred to as "APCHA") , a duly constituted Multi-jurisdictional Housing Authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT by and between the City of Aspen, Colorado (the "City") and Pitkin County, Colorado (the "County") , dated September 26, 1989 , and recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office. W I T N E S S E T H: WHEREAS, Owner has purchased from APCHA at a price of $ and owns as a result of that certain warranty deed executed on the date hereof, an approximate square foot dwelling ("Dwelling") located on the real property more specifically described in Exhibit A attached hereto and incorporated herein. For purposes of this Agreement, the dwelling, the real property and all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property"" ; and WHEREAS, as a condition of the sale to the Owner of the Property, the Owner is required to enter into this Agreement; and WHEREAS, Owner agrees to restrict the acquisition or transfer of the Property to "Qualified Buyers, " as that term is defined in this Agreement. In addition, the Owner agrees that this Agreement shall constitute a resale agreement setting forth the maximum sale price for which the Property may be sold ("Maximum Sale Price") , the amount of appreciation and the terms and provisions controlling the resale of the Property should Owner, or any subsequent owner, desire to sell the Property at any time after the date of this Agreement. Finally, by this Agreement, Owner agrees to restrict the Property against use and occupancy inconsistent with this Agreement. WHEREAS, "Qualified Buyers" are natural persons meeting the -residency and all other qualifications set forth in the Aspen/Pitkin County Housing Authority Affordable Guidelines, or its substitute, as adopted by APCHA, or its successor, and in effect at the time of the closing of the sale from Owner to the Qualified Buyers (the "Affordable Housing Guidelines") and who must represent and agree pursuant to this Agreement to occupy the Property as their sole place of domicile, not to engage in any business activity on the Property, and not to sell or otherwise transfer the Property for use in a trade or business. In addition, Qualified Buyers must demonstrate that their income and earnings are earned primarily in Pitkin County. Any dispute regarding whether a person is a Qualified Buyer shall be resolved by the APCHA Board of Directors. NOW, THEREFORE, for value received, the receipt and sufficiency of which is hereby acknowledged, Owner hereby represents, covenants and agrees as follows: 1 . The use and occupancy of the Property shall henceforth be limited exclusively to housing for natural persons who meet the definition of Qualified Buyers and their families. 2 . Owner is a Qualified Buyer and, in connection with the purchase of this Property, Owner agrees (i) to occupy the Property as his or her sole place of residence during the time that the Property is owned by the Owner, (ii) not to engage in any business activity on or in the Property, (iii) to sell or otherwise transfer the Property only in accordance with this Agreement and the Affordable Housing Guidelines, (iv) not to sell or otherwise transfer the Property for use in a trade or business, and (v) not to permit any use or occupancy of the Property except in compliance with this Agreement. 3 . (a) It shall be a breach of this Agreement for Owner to default in payments or other obligations due or to be performed under a promissory note secured by a first deed of trust encumbering the Property. Owner hereby agrees to notify APCHA, in writing, of any notification Owner receives from a lender, or its assigns, of past due payments or default in payment or other obligations due or to be performed under a promissory note secured by a first deed of trust, as described herein, within five (5) calendar days of Owner's notification from lender, or its assigns, of said default or past due payments. (b) Upon notification from Owner, as provided above, or other notice of such default, APCHA may offer loan counseling or distressed loan services to Owner, if any of these services are available, and is entitled to require Owner to sell the Property to avoid the commencement of any foreclosure proceeding against the Property. In the event that APCHA determines that sale of the Property is necessary, Owner shall immediately execute a standard Listing Contract on forms approved by the Colorado Real Estate Commission, providing for a thirty (30) day listing period. If a sales contract has not been executed within the initial thirty (30) day period, Owner shall extend the listing period for an additional one hundred 2 eighty (180) days, provided such extension does not conflict with the statutory rights of any secured creditors. APCHA shall determine if a prospective purchaser is a Qualified Buyer, and such a determination by APCHA is a prerequisite to any sale of the Property. (c) Owner shall, upon closing, pay a fee to APCHA in an amount equal to one percent (1%) of the sales price, or such other amount as required by APCHA guidelines. In the event of a listing of the Property pursuant to this Paragraph 3, the Maximum Sale P shall be determined accordance Paragraph any such Paragrara below, and the Owner must accept ph 6 (a) offer. (d) Upon receipt of notice as provided in Paragraphs 3 (a) and 3 (b) , APCHA shall have the right, in its sole discretion, to cure the default or any portion thereof. In such event the Owner shall be personally liable to APCHA for past due payments made by APCHA together with interest thereon at the rate specified in the promissory note secured by the first deed of trust, plus one percent (1%) , and all actual expenses of APCHA incurred in curing the default. Owner shall be required by APCHA to execute a promissory note secured by a deed of trust encumbering the Property in favor of APCHA for the amounts expended by APCHA as specified herein, including future advances made for such purposes. Owner may cure the default and satisfy its obligation to APCHA under this subparagraph at any time prior to execution of a contract for sale, upon such reasonable terms as specified by APCHA. Otherwise, Owner' s indebtedness to APCHA shall be satisfied from the Owner' s proceeds at closing. 4 . This Agreement shall constitute covenants running with the real property, described in Exhibit A, as a burden thereon, for the benefit of, and shall be specifically enforceable by APCHA, the Board of County Commissioners of the County (the "Board") , City Council for the City (the "City Council") and their respective successors and assigns, as applicable, by any appropriate legal action including but not limited to specific performance, injunction, reversion, or eviction of non-complying owners and/or occupants. 5 . In the event that the Owner desires to sell the Property, Owner shall execute a standard Listing Contract on forms approved by the Colorado Real Estate Commission providing for a one hundred eighty (180) day listing period. The Property may be sold only to a Qualified Buyer, as determined by APCHA. Owner shall, upon closing, pay a fee to APCHA in an amount equal to one percent (1%) of the sales price, or such other amount as required by Affordable -Housing Guidelines. 3 MAXIMUM SALE PRICE 6 . (a) Except as provided in Paragraphs 6 (b) and 10 below, the Maximum Sales Price upon any re-sale of the property shall not exceed Owner' s initial purchase price plus an increase of four percent (4%) of such price per year, simple interest, from the date of purchase to the date of the listing contract, prorated at the rate of one quarter percent ( . 25%) for each whole month for any part of a year. (b) In the event of any sale required pursuant to Paragraphs 3 (b) or 18, the Maximum Sales Price shall not exceed the amount determined in accordance with Paragraph 6 (a) , above, or appraised value, whichever is less. The cost of any appraisal shall be borne by the Owner. Appreciation shall be subject to the limitations of Paragraph 21. (c) Nothing herein shall be construed to constitute a representation or guarantee by APCHA, the City or the County that on sale the owner shall obtain the listing price or the Maximum Sale Price. 7 . All disputes between Owner and APCHA, its employees or agents, shall be resolved in accordance with the grievance procedures set forth in the Affordable Housing Guidelines. 8 . Owner shall not permit any prospective buyer to assume any or all of the Owner' s customary closing costs nor accept any other consideration which would cause an increase in the Maximum Sale Price specified in Paragraph 6 (a) , above the bid price so as to induce the Owner to sell to such prospective buyer. 9 . It shall be within the Owner's discretion to select among competing Qualified Buyers who submit an offer for the purchase of the Property, whether the sale is voluntary or required by this Agreement, and without regard to any applicable sales price limitation. In such event, Owner' s rights and obligations, except as specified in this Agreement, shall be determined by Colorado law. 10 . In the event that title to the Property vests by descent in individuals and/or entities who are not Qualified Buyers as that term is defined herein, (hereinafter "Non-Qualified Transferee (s) ") , the Property shall immediately be listed for sale as provided in Paragraph 5 above (including the payment of the specified fee to APCHA) , and the highest bid by a Qualified Buyer, for not less than ninety-five percent (95%) of the Maximum Sale Price or the appraised market value, whichever is less, shall be -accepted; if all bids are below ninety-five percent (95%) of the Maximum Sale Price or the appraised market value, the Property shall continue to be listed for sale until a bid in accordance with 4 this section is made, which bid must be accepted. The cost of the appraisal shall be paid by the Non-Qualified Transferee(s) . (a) Non-Qualified Transferee(s) shall join in any sale, conveyance or transfer of the Property to a Qualified Buyer and shall execute any and all documents necessary to do so; and (b) Non-Qualified Transferee(s) agree not to (i) occupy the Property, (ii) rent all or any part of the Property, except in strict compliance with Paragraph 14 hereof, ( iii) engage in any other business activity on or in the Property, (iv) sell or otherwise transfer the Property except in accordance with this Agreement and the Affordable Housing Guidelines, or (v) sell or otherwise transfer the Property for use in a trade or business. (c) APCHA, the County and the City, or their respective successors, as applicable, shall have the right and option to purchase the Property, exercisable within a period of fifteen (15) calendar days after receipt of any sales offer submitted to APCHA by a Non-Qualified Transferee(s) , and, in the event of exercising their right and option, shall purchase the Property from the Non-Qualified Transferee(s) for a price of ninety-five percent (95%) of the Maximum Sale Price, or the appraised market value, whichever is less. The offer to purchase shall be made by the Non-Qualified Transferee(s) within fifteen (15) days of acquisition of the Property. (d) Where the provisions of this Paragraph 10 apply, APCHA may require the Owner to rent the Property in accordance with the provisions of Paragraph 14 , below. OWNER RESIDENCE 11. Owner represents and warrants that the Property shall be and is to be utilized only as the sole and exclusive domicile of Owner. 12 . Owner agrees that, in the event Owner changes domicile or ceases to utilize the Property as his sole and exclusive place of residence, the Property will be offered for sale pursuant to the provisions of Paragraph 5 of this Agreement. Owner shall be deemed to have changed Owner' s domicile by becoming a resident elsewhere or accepting permanent employment outside Pitkin County, or residing on the Property for fewer than nine (9) months per calendar year without the express written approval of APCHA, or otherwise violating the residency requirements of the applicable APCHA guidelines. (In the event of a conflict between this paragraph and APCHA guidelines, the guidelines shall prevail) . If the Owner changes domicile, APCHA may require the Owner to rent the 5 Property in accordance with the provisions of Paragraph 13 , below. APCHA may at any time request whatever information is reasonably necessary to determine Owner' s place of domicile. RENTAL 13 . Owner may not, except with prior written approval of APCHA, and subject to APCHA's conditions of approval, rent the Property for any period of time. Prior to occupancy any tenant must be approved by the Homeowner's Association, if applicable, and APCHA in accordance with the restrictions, limitations, and all other qualifications established by APCHA in its Affordable Housing Guidelines as they relate to Resident Occupied Units. APCHA shall not approve any rental if such rental is being made by Owner to utilize the Property an as income producing asset, except as provided below, and shall not approve a lease with a rental term in excess of twelve (12) months. A signed copy of the lease must be provided to APCHA prior to occupancy by any tenant. Any such lease approved by APCHA shall be subject to the following rent calculations: (a) A rental rate not to exceed the monthly expenses for the cost of principal and interest payments, taxes, property insurance, condominium or homeowner assessments, utilities plus an additional Twenty Dollars ($20. 00) and a reasonable (refundable) security deposit; or (b) In the event that there is no outstanding mortgage on the Property, the rental rate shall be based on Category #4 Rents for a similar unit as defined in the most current Affordable Housing Guidelines as adopted from time to time; or (c) Such other amount as determined in APCHA guidelines. The requirements of this Paragraph shall not preclude the Owner from sharing occupancy of the Property with non-owners on a rental basis provided Owner continues to meet the obligations contained in this Agreement, including Paragraph 11. 14 . Except with the approval of APCHA, the Owner shall not create an additional dwelling unit, as defined in the Pitkin County or City of Aspen Land Use Code, in or on the Property. 15. Nothing herein shall be construed to require APCHA to protect or indemnify the Owner against any losses attributable to the rental including (not by way of limitation) non-payment of rent or damage to the premises; nor to require APCHA to obtain a qualified tenant for the Owner in the event that none is found by the Owner. 6 BREACH 16. In the event that APCHA has reasonable cause to believe the Owner is violating the provisions of this Agreement, APCHA may, by its authorized representative, inspect the Property between the hours of 8 : 00 a.m. and 5: 00 p.m. , Monday through Friday, after providing the Owner with no less than twenty four (24) hours' written notice. In addition, APCHA may require the Owner to respond to any reasonable request for information in order to determine if there is a violation. 17 . APCHA, in the event a violation of this Agreement is discovered, shall send a notice of violation to the Owner detailing the nature of the violation to the Owner and allowing the Owner fifteen (15) days to cure. Said notice shall state that the Owner may request a hearing before APCHA within fifteen (15) days to determine the merits of the allegations. If no hearing is requested and the violation is not cured within the fifteen (15) day period, the Owner shall be considered in violation of this Agreement. If a hearing is held before APCHA, the decision of APCHA based on the record of such hearing shall be final for the purpose of determining if a violation has occurred. REMEDIES 18 . There is hereby reserved to the parties hereto any and all remedies provided by law for breach of this Agreement or any of its terms, including a requirement that Owner must sell the Property in accordance with the requirements of Paragraph 3 (b) . In the event the parties resort to litigation with respect to any or all provisions of this Agreement, the prevailing party shall be entitled to recover damages and costs, including reasonable attorneys' fees, including those costs and fees incurred prior to litigation in an effort to enforce any violation. 19 . In the event the Property is sold and/or conveyed without compliance herewith, such sale and/or conveyance shall be wholly null and void and shall confer no title whatsoever upon the purported buyer. Each and every conveyance of the Property, for all purposes, shall be deemed to include and incorporate by this reference, the covenants herein contained, even without reference therein to this Agreement. 20 . In the event the Owner fails to cure any breach, APCHA may resort to any and all available legal action, including, but not limited to, specific performance of this Agreement or a mandatory injunction requiring sale of the Property by Owner as specified in Paragraphs 3 , 10, 12 , 18, and 19. The costs of such .9ale shall be taxed against the proceeds of the sale with the balance being paid to the Owner. 7 • 21. In the event of a breach of any of the terms or conditions contained herein by Owner, his heirs, successors or assign, the Maximum Sales Price of the Property as set forth in Section 6 of this Agreement shall, upon the date of such breach as determined by APCHA, automatically cease to increase and shall remain fixed until the date of cure of said breach or sale of the Property. FORECLOSURE 22 . APCHA, the Board and the City Council may, pursuant to that certain Option to Buy executed and recorded of even date herewith, the terms of which are incorporated in this Agreement by this reference as if fully set forth herein, agree to release and waive their ability to enforce the resale deed restrictions contained herein, in the event of foreclosure, provided that said Option to Buy grants to APCHA and either the Board or the City Council, as the designee of APCHA, the option to acquire the Property within thirty (30) days after the issuance of a public trustee' s deed to the holder (including assigns of the holder) of the promissory note secured by a first deed of trust for an option price not to exceed the redemption price on the last day of all statutory redemption period(s) and any additional reasonable costs incurred by the holder during the option period which are directly related to the foreclosure. 23 . In the event that APCHA and either the Board or the City Council , as the designee of APCHA, exercise the option pursuant to the terms of that certain Option to Buy, described above, APCHA, and/or its designee, may sell the Property to Qualified Buyers as that term is defined herein, or rent the Property to qualified tenants who meet the income, occupancy and all other qualifications, established by APCHA in its Affordable Housing Guidelines until sale to a Qualified Buyer is effected. GENERAL PROVISIONS 24 . Notices. Any notice, consent or approval which is required to be given hereunder shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to any address provided herein or to any subsequent mailing address of the party as long as prior written notice of the change of address has been given to the other parties to this Agreement. 8 25. Said notices, consents and approvals shall be sent to the parties hereto at the following addresses unless otherwise notified in writing: To Owner: To APCHA: Director Aspen/Pitkin County Housing Authority 530 East Main Street Lower Level Aspen, Colorado 81611 26. Exhibits. All exhibits attached hereto, (Exhibits A & B) are incorporated herein and by this reference made a part hereof,. 27 . Severability. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such manner as to be valid under applicable law; but, if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such document. 28 . Choice of Law. This Agreement and each and every related document is to be governed and construed in accordance with the laws of the State of Colorado. 29 . Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. 30 . Section Headings. Paragraph or section headings within this Agreement are inserted solely for convenience of reference, and are not intended to, and shall not, govern, limit or aid in the construction of any terms or provisions contained herein. 31. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. 32 . Gender and Number. Whenever the context so requires herein, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. 33 . Personal Liability. Owner agrees that he or she shall be personally liable for any of the transactions contemplated herein. 9 34 . Further Actions. The parties to this Agreement agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Agreement or any agreement or document relating hereto or entered into in connection herewith. 35 . Modifications. The parties to this Agreement agree that any modification of this Agreement shall be effective only when made by writings signed by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado. Notwithstanding the foregoing, APCHA reserves the right to amend this Agreement unilaterally where deemed necessary to effectuate the purpose and intent of this Agreement, and where such unilateral action does not materially impair the Owner' s rights under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above first written. OWNER By: Name: Title: Mailing Address: OWNER By: Name: Title: Mailing Address: 10 STATE OF COLORADO ) ss: COUNTY OF PITKIN The foregoing instrument is hereby acknowledged before me this day of , 1993, by and . Witness my hand and seal. My commission expires: Notary Public 11 ACCEPTANCE BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY The foregoing Agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. ASPEN/PITKIN COUNTY HOUSING AUTHORITY By: Title: STATE OF COLORADO ) ss: COUNTY OF PITKIN The foregoing instrument is hereby acknowledged before me this day of , 1993 , by and Witness my hand and seal . My commission expires: Notary Public 4 C:\WP51\APCHA\RESOCCUP.AGT 12 I//3 < CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PROJECT: k?) ' a t `! I U_in 1 !iit . S APPLICANT'S REPRESENTATIVE C}_ 2�_j 1 f1 l.I t Q JZ REPRESENTATIVE'S PHONE: n - 113 J Q Q OWNER'S NAME:S S-I-CX � (� ``1sQ • 110 . /! Th( h U n SUMMARY v 1. Type of Application: J. r • e • AIM_ As lI' 2 . Describe action/type of development being requested: n R■ 'e P i O. .. _ .... ��. L j v i . 3 . " Areas is which Applicant has been requested to respond, types of reports requested: • Policy Area/ - Referral Agent Comments �t � `� - 9 � 4 . Review is: (P&Z Only) (CC Only) (P&Z then to CC) 5. Public Hearing: (YES) (NO) 6. Number of copies of the application to be submitted: (� 7 . What fee was applicant requested to submit:\) \ irCI _II. : Y' 0 0 11 • 1 ._ . A 8. Anticipated date of submission: ) -. I 9. CQMMEN S/UNIQUE Cis C RNS: 1 W PUUI^n I rJ 4 frm. pre_app Sub-Amendment to Approved PUD Development Plan for UTE TRAIL TOWNHOUSES 831 Ute Avenue Aspen, CO OWNER: Epoch Properties, Inc ARCHITECT: River Studio Architects [William Lipsey • AIA • Principal] CIVIL ENGINEER: Schmueser,Gordon, Meyer Jay Hammond STRUCTURAL ENGINEER: Structural Consultants Lorin Liberman ATTORNEYS: Bob Hughes David Myler TABLE OF CONTENTS per Attachment 1 • 1 Pre-Application Summary 2 Application Form 3 Agreement for Payment per Attachment 2 • 4 Authorization Letter 5 Legal Description 6 Disclosure of Ownership 7 Vicinity Map per Attachment 3b • 8 Site Plan (reduced) 9 Proposed Garage Plan (reduced) 10 Detailed Project Description 11 Civil Engineer's Letter Al Site Plan (loose) A2 Building Elevations (loose) A3 Building Elevations (loose) Approved Site Plan (loose) Original Site Survey (loose)PE //a 4 ),\ CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PROJECT: �}-2. Ir('2 , I;.)-(�A T1hiernA Q/) APPLICANT'S REPRESENTATIVE:'"CM, t REPRESENTATIVE'S PHONE: S - D-R` L- OWNER'S NAME: q' Q®C c10 Y— _ ao SUMMARY n �( (� 1. Type of Application:SVk) - �n `J- 1..4� PLf . 111 LC_,n 2. Describe action/type of development being requested: V _ , 1 • 3 . Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments - 1 4 . Review is: (P&Z Only) (CC Only) (g&Z then to C 5. Public Hearing: ' (YEJ) (NO) 6. Number of copies of the application to be submitted/:_ 7 . What fee was applicant requested to submit: ) , c15 -1-01L = 8. Anticipated date of submission: VA) ' 1-SS Q Id 9. COMMENTS/UNIQUE CONCERNS: frm.pre_app • T1 • IanD USE APPLICATION PORN /Prop Name Ute Trail Townhouses Project Location 831 Ute Avenue Lots 14 & 15A Ute Addition (indicate street address, lot & block number, legal description where aPproPriate) -• Pmt Zoning R/Mv 4) tot Size 17,055.5 sf 5) Applicant's Name, Address & Fbone # Jim Pugh c/o Epoch Properties Inc 359 Carolina Ave, Winter Park FL 32789 6) Representative's Name, Address & Fbo e # William Lipsey c/o River Studio •Architects 414 N. Mill Street, Aspen CO 81611 7" Type of Application (please check all that apply): Conditional Use _ Conceptual SPA Conceptual H]storic.Dev. _ Special Review Final SPA • _ Final Historic Dev. 8040 Greenline ___ Conceptual'PUD _ Mir»r Historic Dev. • Stream Margin Final F[ID ,_ Historic Demolition Maintain View Plane _ Subdivision • _ Historic Designation Condani ni innization __ Text/Map Anrxvinent �_ Gt Aloft _ rot Split,/lot Thin — Qz Martial 7 • Adjustment Q) Description of Existing r,g Users ([amber and type of existing structures; approximate sq. ft.; number of bedrooms; any previous approvals granted to the. property) NA 9) Description of Development Application Revision of parking: 7 open air parking spaces are to be changed to 7 garageo spaces. 'rue entire parking area will be furnished with a snow melt system. 0) Have you attached the following? X Response to Attadment 2, Minimum Submission Contents X Response to Attadment 3, Specific Sutmission Contents X Response to Attachment 4, Review Standards for Your Application • _ 2 ASPEN/PITKIN PLANNING OFFICE Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and E1'Dc1 r$SP T1ES, twc. (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Uxe '- 4'cc 'TOWN(Mice s (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 77 (Series of 1992) establishes a fee structure for Planning Office applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application: 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Planning Office time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN APPLICANT • /�/� \ By: ^ 1 � By: �^�--�. Diane Moore Mailing Address: Jfl C/WoUnu'i Ave City Planning Director Wl nl r&r&PM'K, FL ?27 e c? Date: II 4-1Q4- 2 �n EPOCH®PROPERTIES INCORPORATED January 17, 1994 Pitkin County Planning & Zoning Dept. Aspen, CO Re: Ute Trail Townhouses/Billings Place 831 Ute Avenue, Aspen, Colorado 81611 To Whom It May Concern: This letter shall serve as authorization for the following individual to act as authorized agent on my behalf, as owner of the above-referenced property, with regard to the application for garage additions: Mr. William Lipsey, AIA River Studio Architects 414 N. Mills St. Aspen, CO 81611 (303) 925-3734 Sincerely, James H. Pugh, Jr. President JHP/eroc/ASPEN/ASP-28 359 Carolina Avenue Winter Park,Florida 32789 407.644.9055 Fax 407.644.9845 JAN 21 '94 03:44PM ORTES HUGHES KNEZEVICH P.1 a.,. CommonweaIm Land Title Insurari,_1Company EXHIBIT A LOTS 14 & 15A, UTE ADDITION TO ASPEN AND A TRACT OF LAND BEING PART OF LOTS 33 & 38, SEC. 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. LYING NORTHEASTERLY OF AN EXISTING ROADWAY WHICH ROADWAY ABUTS THE SOUTHWESTERLY BOUNDARY OF THE SAID TRACT WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 14, UTE ADDITION TO ASPEN, THENCE S 45°42 ' 00" W 81 .71 FT. ; THENCE N 27'09 ' 00" W 34 . 27 FT. ; THENCE N 13'51 ' 00" W 47.51 FT. ; THENCE N 28'34 ' 00" E 57. 60 FT. ; THENCE SOUTHEASTERLY ALONG LINE 1-9 OF THE FORMER BOUNDARY OF THE CITY OF ASPEN TO THE POINT OF BEGINNING. ALSO DESCRIBED AS THE UTE TRAIL TOWNHOUSES AND THE BILLING PLACE SUBDIVISION AND P.U.D. ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 26 AT PAGE 32 AND SUBDIVISION AGREEMENT RECORDED IN BOOK 646 AT PAGE 16 . COUNTY OF PITKIN, STATE OF COLORADO. LAW OFFICES OF OATES, HUGHES & KNEZEVICH PROFESSIONAL CORPORATION THIRD FLOOR.ASPEN PLAZA BUILDING 333 EAST HOPKINS AVENUE ASPEN. COLORADO 81611 LEONARD M.OATES ROBERT W. HUGHES AREA CODE 303 RICHARD A.KNEZEVICH TELEPHONE 92001700 TELECOPIER 320.1121 TED D.GARDENSWARTZ January 17, 1994 OF COUNSEL: JOHN THOMAS KELLY Leslie Lamont Aspen/Pitkin Planning Office 130 South Galena Street Aspen, CO 81611 Re: Ute Trail Townhouses and the Billings Place Subdivision and PUD Dear Leslie: We represent James H. Pugh, Jr., the owner and developer of the above- referenced property, and in that capacity have examined and are familiar with the real property records of Pitkin County, Colorado insofar as the property is concerned. We hereby certify to you that ownership of the property currently is vested in Mr. Pugh subject only to the lien of a deed of trust recorded August 9, 1993 in Book 720 at Pages 743, et seq. of the Pitkin County, Colorado real property records in favor of Pitkin County Bank & Trust Co. to secure construction financing for the mixed free and controlled housing project presently being constructed on the property. If you have any questions or require further clarification, kindly let us know. Since ely, OAT , H . Y{ I ' ' I-H, P.C. )1 By: A' - Robert W. ugh�s r RWH/tu cc: James H. Pugh, Jr. William Lipsey Pugh\hm3Ot.ltr a ..,„.„-Th,morea___ . isimafr. _.6 . a O l 1 1 1111111 Illt IIi • D R 6 ry � " i ! "? IIIIIIiII Mil XflINOM MAN E . • • o :eon' 1----1700E' N • l II g11l Illr! - Ill 1 ► � .� --i "1". �E IIO11111 V. 11J 111111111 11111111! iiiil . Ii _ l I—J G HOPNN- AVE. .*9 • 4 - ti: 11101111 I1I!$1llI 1110a��118 ; III!Il 1 1 111 I III! i' HIIIIIII.! 1111111111 milli 1111111111 . . 1 111 1.11111 k' 11111 .. r L NYNAN . I+ AVE.- N . I f - 1 III! IIII I 111!,11111 •:t: 111!111111 I!!L a. , H: ® . 1 e 1!1111111 1� iIIII q, • MIME • 11lt1 In . ii 1 I I I EMI ,. 0 IIIw!i;il®Iit -_ ', 11111111 c L . .i[►1►:111 1 111 11111 !111111 s111111 •• .ii . iL. — ---r-1------- rr-�-..: ��:_ 1 141:11iI1111 I hill 1111M11ill d '1 1111j1111v111i, . _ �� 'INC Illliflll •_ , II r91111�1111 :A. — Q ��� P IiiPIIIIIiLaP� 4 it Pt.: 411 itittliiillIlly LEITI wttar _I 4e ...4. itit .1 / 4 . .„.. I /it , , -=, I , R=15��Ct4 .W41 .\ . .. . .. t • \ . .%ve. TA It GEL. 15-151 • ,\., C 'V SPUD); ., 1 h. •'� . "} hq n,rY Ll..!I�g 1. .I"'h7.7111PJ�:�jy + `� , .�A- .i ='.• t • . . ' . . _ a ,,Tima '!{ jam. a a I WWI 5% tart • � '1 u SPEN ` M'AUNT• N 114,04 ,e0:lb —r i Alia woman. A . '/I r ADV S in 's IAA !a ;;;;1;1.u,. +.- `Flit ` — i , 1 + P+tw�wvaw mwwas.• �avwose 41744\ I P Ilk i. •\ re. tstfar ...grit -I\` it►ie-1 6‘..-4 A t ,e4 -.nom- "Mr NM I° 4111..° UTE AVENUE SITE PLAN SCALE: 1/30 INCH = 1 FOOT A two •-•-•- •-' ^ l Q 0 __ CO•` 'r Lk? - - --mss 1 - - - , Se\4` / _ ft / Ap 1 IMO 4 +ry +gyp^ \ \' .. 1 \ I 141 III fir--'' - - - \ >� w F N y(0- as 4\ I •, Y i aPp i a' � e I w \\ I tot` -w_ 1 a 3 I \ — 'f r�x11 � ' I 9, R / \ / ���� - .. „.._ ro 11' i/ / \ ....a- an - gl al A +p). / dumpse h 1 n l a I mo / - UTE TRAIL TOWNHOUSES Application to Amend Approved PUD Development Application Submitted: 1/21/94 by RIVER STUDIO ARCHITECTS [William Lipsey • AIA • Principal] 414 North Mill Street Aspen, CO 81611 ph 925-3734 fax 925-8178 INTRODUCTION: Epoch Properties Inc., owner of the Ute Trail Townhouse project, would like to amend their approved PUD so that the 7 existing AHU open air parking spaces would be enclosed in a garage structure with a snowmelt system under the entire parking access area. These additional amenities would be provided at no additional expense to the tenants/owners of the AHU's. Attachment 2 The following requirements are attached to this application: 1. Letter denoting authorized representative 2. Street address & legal description 3. Disclosure of Ownership 4. 8 1/2" x 11" vicinity map 5. written/graphic description of amendment proposal Attachment 3a-Specific Submission Contents: Conceptual PUD Plan See final PUD Development Application on file in the Planning Department. Attachment 3b-Specific Submission Contents la(1) A detailed site plan of the already approved PUD is attached with an overlay that shows the proposed amendment. The complete approved development application for this property is on file at the Planning Department. 10 A la(2) PARKING : The originally approved PUD incorporated 8 garaged parking spaces for the 3 Free Market Units (FMU's) and 8 open air parking spaces for the 7 Affordable housing Units (AHU's). After the PUD was fully approved litigation was initiated by the owners of the adjoining Black Swan Condominiums. A settlement was reached between Black Swan and Sister City Housing. A copy of the settlement is on file at the Planning Department. A component of this settlement was that the 4-plex AHU's be set back an additional 2 feet from the East property line adjoining Black Swan. This in turn affected the surface parking for the AHU's reducing the number of dimensionally legal parking spaces from 8 to 7. Epoch Properties Inc., the present owner of the Ute Trails Project, wishes to provide enclosed garages for the 7 AHU parking spaces. The total cost of this will be borne by Epoch Properties and will not increase the cost of housing to prospective AHU tenants or owners. In addition, Epoch Properties is proposing that the entire paved access area to both the FMU and AHU parking be provided with a snow melt system. This revised parking plan provides numerous benefits to both the future occupants of the development and to residents in the immediate neighborhood: 1. The AHU occupants will each get an enclosed garage and a snow melt system at no additional cost. The garage will give tenants additional storage plus year round security and protection for their automobiles. The presently approved parking spaces are the required minimum of 8'-6" x 18'-6". The proposed new parking spaces will have interior dimensions of 10'-6" x 18'-6"--an increase of about 25% in width. 2. The proposed enclosed garages will insure visual tidiness to what could otherwise be an unsightly open air storage area. The snow melt system will also benefit the neighborhood by eliminating the need for potentially large, unsightly piles of plowed snow. 3. The proposed garage structure is intended to be constructed out of the same brick used on the FMU's and thus will visually unify the Affordable and Free Market units. 4. The proposed garage structure will completely screen the parking area of the AHU's from their outdoor courtyard thereby increasing the privacy and quality of that space for the occupants. la(3) Impact on Public Facilities: The proposed parking upgrade would place no additional demand on public facilities. LOB la(4) Development Schedule: It is anticipated the proposed upgrade would have no affect on the present anticipated date of completion. la(5) Public Facilities on Parcel: Not Applicable Attachment 4 Review Standards: PUD Application The proposed amendment is to an already approved PUD plan. There would be no increase to density or floor area of dwelling units. The only change to the project is the enclosure of the AHU parking spaces. The proposed parking structure represents an amenity to the owners' of the AHU's, the FMU's and to the neighborhood and would seem to have no adverse affects on future development of the surrounding area. No variances from the underlying R/MF zoning are required relative to height, setbacks, open space or FAR Lighting: Indirect, movement activated lighting will be provided for the proposed parking area as shown on the attached development plan. " l0 c 0 V A i.w Vy UU2 Al/Z4, Ni 12:Al _'pdUd aab 0040 .. - ...._... .... =•--`�^_ "'"�f �•'.. : -•` OMIIISMIIIMININ wcaleR 303)925-6727 sasumn Msa P.O.Box 2155 1-AX(303)925-4157 0010°"'eyor Aspen.CO 81612 January 24, 1 * - Mr. Bill Lipsey RIVER STUDIO ARCHITECTS 414 North Mill Street Aspen, CO 81611 IRE: Ute Trail Townhomes / Billings Place, Parking Drainage I Dear Bill: I have reviewed the current plans for enclosing the parking spaces for the Billings Place affordable housing complex on Ute Avenue. My review was to determine whether enclosing the parking spaces would affect on-site drainage for the project and cause any change from the standpoint of compliance with City of Aspen Municipal Code Section 24-7-1004.C.4.f Storm drainage. Simply stated,enclosing the parking spaces will have no effect on the on-site drainage forthe I property. The parking spaces were already included as impervious area in our drainage calculations for the project. Changing the area from paving to roof surface results in no change with regard to impervious surfaces in our drainage calculations and therefore requires no modifications to our on-site drywell or other proposed drainage improvements. Roof drains I from the parking structure should be routed to the drywell as are other drains within the site. If the parking garage structures include internal floor drains,these drains should be routed to the sanitary sewer due to the potential for toxic substances, such as fuel or anti-freeze,to Ienter internal drains. With regard to the site design changes in the area of the drive entry, I have reviewed the I changes with the designer in our Glenwood Springs office that prepared the original road plan. We anticipate some minor changes to the grading and layout plan, mostly to replace some of the valley pans at the site entry with vertical curb. Once again, these modifications will not Iimpact our ability to address control of off-site drainage from the south. Fee free to contact me if I may provide additional information or detail. IVery truly yours, I SCHMUESER GORDON MEYER. INC. I Ol.) .Off I . W. Hammond, P.E. 'ncipal, Aspen Office JWH:Iec/9296A • I 1001 Grand Ave.,Suite 2E•Glenwood Springs,Colorado•(303)945-1004 - I!