HomeMy WebLinkAboutordinance.council.018-89 ORDIN]tNCE NO. / ~ --
(series of 1989)
AN ORDINANCE ADOPTING THE 1989 AFFORDABLE RESIDENT HOUSING
GUIDELINES AND AS RECOMMENDED BY THE ASPEN/PITKIN COUNTY HOUSING
AUTHORITY
WHEREAS, pursuant to the Municipal code of the city of Aspen,
as amended, the Housing Income, Eligibility Guidelines, and Housing
Price Guidelines are to be established by the city council; and
WHEREAS, pursuant to prior resolutions and ordinances of the
city, the city Council established Employee Housing Income-
Eligibility Guidelines and Housing Price Guidelines for prior
years; and
WHEREAS, the 1989 Affordable Resident Housing Guidelines
(.Guidelines") recommended by the Board of Commissioners of the
Housing Authority of the City of Aspen and Pitkin County, a copy
of which is annexed hereto and incorporated herein, has been
submitted to city Council, which Guidelines sets for the 1989
Housing Authority qualification guidelines for iow, moderate, and
middle income ownership, rental housing projects, lodge and
commercial development, and development of affordable residential
housing units; and
WHEREAS, the city Council desires to adopt said Guidelines,
and by virtue of the enactment of this ordinance to supersede and
amend all prior resolutions and ordinances of the city pertaining
to housing guidelines, but only the extent inconsistent with the
provisions of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
That the city Council of the city of Aspen hereby adopts the
1989 Affordable Resident Housing Guidelines, as set forth by the
Board of Commissioners of the Housing Authority of the city of
Aspen and Pitkin County, a copy of which is annexed hereto and
incorporated herein.
Section 2
That the regulations and guidelines set forth and adopted
herein shall supersede, to the extent inconsistent with the
provisions of this Ordinance, all prior resolutions and ordinances
of the city of Aspen; provided further, that the provisions of
Resolutions and Ordinances pertaining to employee housing
guidelines shall remain in full force and effect to the extent not
inconsistent with the regulations and guidelines adopted herein.
Section 3
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
Section 4
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinances in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 5
A public hearing on the ordinance shall be held on the J~ day
of /~l~/ .... , 1989, in the city Council Chambers, Aspen City
Hal~,/A~pe6, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
th)% city Council of the city of Aspen on the /~day of
~/~/~ j~_~ , 1989. ~/~~~r
William L. stfrling, Ma~o'
ATTEST:
~athryn K~fh, city Clerk
FINALLY adopted, passed, and approv~ this ~ day of
William L. s~irling, yor
ATTEST:
Kathryn ~.' Koch, City Clerk
CC. GL1
HOUSING AUTHORITY
1989 AFFORDABLE
HOUSING
GUIDELINES
PITKIN COUNTY
Prepared By:
ASPEN/PITKIN COUNTY HOUSING AUTHORITY
THE HOUSING AUTHORITY
OF THE CITY OF ASPEN ]~ND PITKIN COUNTY
1989 AFFORDABLE RESIDENT HOUSING GUIDELINES
(formerly known as EMPLOYEE HOUSING GUIDELINES)
TABLE OF CONTENTS
PAGE
1
INTRODUCTION ................................................
2
PART I. EMPLOYEE GENERATION ...............................
2
city ........................................ 4
County .....................................
6
PART II. HOUSING CRITERIA .................................
6
A. Occupancy Standards .................... 6
B. Square Foot Ranges ...........................
C. Square Foot Sales Price - Sale Units ......... 7
D. Square Foot Rental Price - Rental Units ...... 9
E. Requirements for Dormitory/Lodge ............. 10
11
F. Payment-In-Lieu ..............................
G. Affordable Resident Lots ..................... 13
14
H. PMH Lots .................................. 14
I. Low Impact Subdivisions .....................
j. Deed Restricting Existing Units ...... 14
15
K. Special Review ........................... 15
L. Accessory Dwelling Unit ..................... 16
M. Caretaker Dwelling Unit .....................
PART III. RENTAL/SALE REQUIREMENTS FOR RESIDENTS ........... 17
17
A. Profile Requirements .................... 17
B. Income Range .............................. 18
C. Asset Limit ................................ 18
D. Verification .................................
E. Priority For Rental of Affordable Resident
19
Units ......................... %''i .....
F. Priority for Sale of Affordable Resioen=
Units, Single-Family Homes, Lots ....... 19
22
G. Transfer Fee ................................
23
GLOSSARY ....................................................
i
LIST OF TABLES
Table I - city Employee Generation Units ........... 2
Table II County Employee Generation Units ......... 4
- 6
Table III - Occupancy Standards ...................... 7
Table IV - Net Livable Square Foot Ranges ............
Table V - Maximum Sales Price Per Square Foot for
Newly Restricted and Newly Constructed
Affordable Housing Units ................ 8
Table VI - Rental Price Per Sq. Foot ................. 9
Table VII Payment-in-lieu Schedule .................. 12
- 17
Table VIII - Income Maximums ..........................
INTRODUCTION
"TO ASSURE THE EXISTENCE OF A SUPPLY OF DESIRABLE AND
AFFORDABLE HOUSING FOR EMPLOYEES, SENIOR CITIZENS, THE
HANDICAPPED, AND OTHER SEGMENTS OF THE ROARING FORK
VALLEY WHICH ARE NECESSARY FOR A BALANCED COMMUNITY"
- Housing Authority's Goal -
Each year the Housing Authority establishes guidelines for the
development, admission and occupancy for the resident housing
program. The guidelines support the Housing Authority's Goal and
are not intended to supersede the appropriate city or County Land
Use Code and the Uniform Building Code.
The 1989 Affordable Housing Guidelines responds to housing needs
in Aspen and Pitkin County as identified by the 1987 Housing Needs
Assessment and the 1989 Housing Master Plan. The guidelines are
used to review land use applications, qualify applicants for
admission and occupancy, and develop and prioritize housing
programs.
In the event that the 1989 Affordable Resident Housing Guidelines
conflict with the Aspen city Code or Pitkin County Land Use Code,
the applicable code, either Aspen city Code or Pitkin County Land
Use code, is intended to supercede these Guidelines.
P~RT I
RESIDENT GENERATION
This section provides developers with criteria to calculate
resident generation and is not intended to supersede the city or
County Land Use Codes or the Uniform Building Code.
TABLE I
CITY C~LCULATIONS OF EMPLOYEE GENERATION UNITS
zoning Category/Land Use Full-Time Equivalent Employees
Generated
category
Commercial Core (CC) and 3.5 to 5.25 employees/1000 s.f.
Commercial (C-l) (net leasable), based on review
of the city Council~s Housing
designee
Neighborhood Commercial (NC) and 2.3 employees/1000 s.f. (net
Service/Commercial/Industrial leasable)
(sic/Il)
3.0 employees/1000 s.f. (net
office (O) leasable)
Commercial Lodge (CL) and Other 3.5 employees/1000 s.f. (net
leasable)
Tourist Accommodation/Lodge 0.2 to 2.0 employees/room, based
on review of the city Council~s
Housing designee
NOTES AND CONDITIONS:
a. The above Employee Generation calculation figures are intended
to be consistent with Section 8-109, Affordable Housing, of
the city Code.
b. Employee generation for commercial uses shall be based on net
leasable square footage and shall be verified by review of the
Housing Authority.
c. For purposes of calculating employee generation, a full-time
employee equivalent (FTE) is a person who is paid annually on
a basis of 2080 hours per year (173.33 hrs./month x's 12
months).
d. Affordable housing may be provided on the same site or on an
alternate site as the proposed development, provided that
credit shall only be given for dwelling units located within
the city of Aspen or the Aspen Metro Area, as this area is
2
currently defined by the Aspen/Pitkin County Growth Management
Policy Plan. Applicants proposing to provide resident housing
on an alternative site shall be required to demonstrate its
feasibility through demonstrating that they have an interest
in the property or dwelling units, and by specifying the size
and type of units to be provided and any physical upgrades to
be accomplished.
e. The Aspen city Code Growth Management Section 8-106G(4) (d)
refers to the Provision of Affordable Housing. This section
allows for the advice of the city Council's housing designee
to be used in the determination of the number of employees the
proposed development is expected to generate. The standards
for employee generation representing the various levels of
service which reflect the types of lodge operations in
existence or proposed for the city of Aspen. This section
allows that the applicant be given the opportunity to present
to the housing designee information demonstrating that an
alternative standard should be employed. The alternative
standard may be employed upon the recommendation of the
designee.
f. Should a proposed development cause the displacement of
housing units which are currently deed restricted to resident
housing guidelines, then the applicant shall only receive
credit for housing for the net number of employees to be
housed by the proposed development, reflecting the number to
be housed in the new units minus those housed in the existing
units, rather than for housing the gross number of employees
housed in the new units.
g. The deed restrictions created to obtain credit for deed
restricted housing may be amended by agreement between the
property owner and the city Council upon the review of the
Housing Authority.
3
TABLE II
COUNTY CALCULATIONS OF EMPLOYEE GENERATION UNITS
The following formula is used for calculation of number of full-
time equivalent employees generated by a project.
Square Footage of Building x full-time equivalent employees
per 1000 s.f.
The following Table sets forth the Full-Time Equivalent Employee
Generation figure to be used.
Full-Time Equivalent Employee
Land Use Category Generation
Residential Per County Code
Tourist Accommodation/ 0.2 - 0.4 employees per room
Lodge
Commercial
Professional/Office 3.9 employees/1000 s.f.
Retail/Wholesale/Services 3.5 employees/1000 s.f.
Warehouse 0.4 employees/1000 s.f.
Manufacture 1.5 - 4.0 employees/1000 s.f.
Restaurant/Bar 5.0 - 10.0 employees/1000 s.f.
Utilities/Quasi Govern- 1.5 - 2.5 employees/1000 s.f.
mental Based on review of Housing
Other Authority
CONDITIONS:
a. Employee generation for commercial uses shall be based on net
leasable square footage and shall be verified by review of the
Housing Authority.
b. For purposes of calculating employee generation, a full-time
employee equivalent (FTE) is a person who is paid annually on
a basis of 2080 hours per year (173.33 hrs./month x's 12
months).
c. Should a proposed development cause the displacement of
housing units which are currently deed restricted to resident
4
housing guidelines, then the applicant shall only receive
credit for housing for the net number of employees to be
housed by the proposed development, reflecting the number to
be housed in the new units minus those housed in the existing
units, rather than for housing the gross number of employees
housed in the new units.
d. The deed restrictions created to obtain credit for deed
restricted housing may be amended by agreement between the
property owner and the Board of County Commissioners upon the
review of the Housing Authority.
5
PART II
HOUSING CRITERIA
Developers shall use these criteria for occupancy standards, square
foot ranges, square foot prices for sale or rental units,
requirements for dormitories, payment-in-lieu, resident lots, and
deed restricting existing units.
A. OCCUPANCY STANDARDS
Table I sets forth the standard for the number of bedrooms to
accommodate a family of a given size. These standards shall
be used when calculating resident unit requirements in the
construction of sale or rental units.
TABLE III
OCCUPANCY STANDARD
April 1989 to April 1990
UNIT TYPE OCCUPANCY
1.00 employee
DORMITORY/LODGE 1.25 employees
STUDIO 1.75 employees
ONE BEDROOM 2.25 employees
TWO BEDROOMS
THREE OR MORE BEDROOMS 3.00 employees
B. SQUARE FOOT RANGES
Table III sets forth the allowable net livable square foot
ranges to be used in the calculation of rent and sale prices
of employee units. Net livable square footage is defined in
the Glossary. Developers may choose to construct larger units,
however, allowable rent and sale prices shall be calculated
according to the following:
6
TABLE IV
NET LIVABLE SQUARE FOOT RANGE April 1989 to April 1990
unit Type LOW MODERATE MIDDLE
Dorm/lodge 125-300 -
Studio 300-500 400-500 600-700
1 Bedroom 500-600 600-700 700-800
2 Bedroom 650-850 700-1,000 900-1,100
3 Bedroom 850-1,000 1,000-1,100 1,100-1,300
single-Family 900-1,200 1,200-1,400 1,300-1,500
Detached
CONDITIONS:
1. This calculation will be required upon all applications
and must be verified. The "net livable square footage"
is defined in the Glossary.
2. Upon demonstration by an applicant that it can and will
provide resident housing to the extent to which the
demand for low and moderately priced housing would be
increased by the proposed development, the minimum square
foot stipulation may be waived with approval after
special review of the Housing Authority.
3. Should an applicant propose a unit which is larger than
provided for by the guideline, then its rental or sales
price shall not be greater than that allowable had the
housing unit complied with the applicable size
limitations.
C. SQUARE FOOT SALES PRICE - SALE UNITS
Allowable sales price per square foot for the sale units is
described in Table III.
7
TABLE V
MAXIMUM SALES PRICE PER SQUARE FOOT
FOR NEWLY RESTRICTED ~ND NEWLY CONSTRUCTED
AFFORDABLE RESIDENT UNITS* /~ND PRICE/LOT
April 1989 to April 1990
PRICE/S.F.
Including Lot
TYPE if applicable PRICE/LOT
Low $ 70.00 $ 15,000
Moderate $ 97.00 $ 20,000
Middle $124.00 $ 25,000
, All resident housing units constructed and operated
as 100% resident housing, including seasonal
housing, without any associated free market or
commercial development, may be exempt from the
resident price guidelines, if approved by the Aspen
city Council or the Board of County Commissioners
of Pitkin County, and shall be controlled by
separate agreement with the Housing Authority.
CONDITIONS:
1. Middle income sale units will not be considered for GMP
points.
2. Square foot price is calculated on net livable square
footage, as defined in the glossary. This calculation
will be required on all applications and must be verified
by the Housing Authority.
3. Sale prices will be rounded to nearest $100. The average
income in each category for each size unit will be used
to determine affordability.
4. Sale units will be offered through the Housing Authority
to all qualified persons under procedures established by
the Housing Authority of the city of Aspen and Pitkin
County.
5. In the event resident units associated with a lodge,
agricultural operation, commercial, or residential
development are employer owned, persons employed directly
by the owners shall be given first priority to purchase.
In the event there are no persons directly employed by
the owner who qualify or are available, the unit shall
then be offered to other qualified residents according
to limitations contained in these guidelines. Commercial
or lodge developments shall not be restricted to housing
8
employees of their own business, but shall also be
permitted to house qualified residents of the community
at large. It is anticipated that proposed resident units
will be required to be restricted to the low income price
and occupancy guidelines. However, at the time the
applicant requests growth management exemption pursuant
to the appropriate city or County Code, the Housing
Authority shall review and consider the current community
need for housing, evaluate the affordability of the
proposed units to residents, and establish the
appropriate price and occupancy category to which the
units should be restricted.
6. All units must be in a marketable condition, fully
constructed, inspected and approved by the Housing
Authority.
D. SQUARE FOOT RENTAL PRICE - RENTAL UNITS
The allowable monthly rental price per net livable square foot
is described in the following table:
TABLE VI
RENTAL PRICE PER SQUARE FOOT
April 1989 to April 1990
TYPE PRICE/S.F.
LOW $ .63
MODERATE $ .89
MIDDLE $1.23
Allowable increase on existing units: 4.7%
CONDITIONS:
1. Square foot allowance is calculated on net livable square
footage, as defined in the Glossary.
2. Rental rates shall not be increased for furnished units.
3. Middle income rental units will not be considered for GMP
points.
4. Rental rates shall include utilities metered in common,
condominium dues, management costs and taxes.
5. Occupants of deed restricted rental units must obtain
verification and qualification prior to occupancy from
the Housing Authority. Occupant must provide
owner/landlord with proof of verification and
9
qualification by the Housing Authority prior to
occupancy.
6. In the event resident units associated with a lodge,
commercial, agricultural operation, or residential
development are employer owned, persons employed directly
by the owners shall be given first priority. In the event
there are no persons directly employed by the owner who
qualify or are available, the unit shall then be offered
to other qualified residents according to limitations
contained in these guidelines. Commercial or lodge
developments shall not be restricted to housing employees
of their own business, but shall also be permitted to
house qualified residents of the community at large. It
is anticipated that the proposed housing units will be
required to be restricted to the low income price and
occupancy guidelines. However, at the time the applicant
requests growth management exemption pursuant to the
appropriate city or County Code, the Housing Authority
shall review and consider the current community need for
housing, evaluate the affordability of the proposed units
to residents and establish the appropriate price and
occupancy category to which the units should be
restricted.
7. All rental units must be fully constructed, inspected and
approved by the Housing Authority.
E. REQUIREMENTS FOR DORMITORY/LODGE
By review and acceptance of the Housing Authority an applicant
may satisfy the resident housing requirements by the
construction of dormitory/lodge units. The dormitory/lodge
shall be consistent with the following standards and shall
meet the appropriate Housing Authority standards and the
appropriate city or County Land Use Code and the Uniform
Building Code.
CONDITIONS:
Dormitory/Lodge units shall be required to meet the
following minimum standards:
1. There shall be between 125 and 300 average net livable
square feet of living area per person, including
sleeping, bathroom, cooking, and lounge used in common.
Net livable square footage shall not include interior or
exterior hallways, parking, patios, decks, laundry rooms,
mechanical areas, and storage. Dormitory/lodge rents
shall be calculated on the net livable square footage as
described above.
10
2. Rental rates shall include all utilities metered in
common, management costs and taxes.
3. One bathroom shared by no more than four persons,
containing at least one water closet, one lavatory, one
bathtub with a shower, and a total area of at least 60
square feet.
4. A kitchen facility containing a sink, stove and refri-
gerator and shared by no more than four persons and a
total area of at least 60 square feet or access to a
common kitchen.
5. Use of 20 square feet per person of enclosed storage area
located within or adjacent to the unit.
6. All units shall comply with UBC standards.
7. An existing dormitory/lodge resident unit may be approved
if smaller than the 125 to 300 square feet, if it can be
demonstrated by the developer that the unit warrants
special consideration, i.e. other amenities not usually
associated with dormitory.
8. A manager, assistant manager, or lodge owner, who is in
the moderate income range may occupy the unit, however,
rent will be calculated based on the low income
guidelines. Lodge owners must work full-time for the
lodge operation.
F. PAYMENT IN LIEU
An applicant for a development may satisfy the resident
housing requirement of city of Aspen Code Section 24-11.10(i)
or Pitkin County Land Use Code, Section 5-300, (as applicable)
through a payment-in-lieu fee as stated below:
Acceptance of the payment-in-lieu option shall be at the
sole discretion of the city Council or County Commissioners
based on recommendation by the Housing Authority. The Housing
Authority will evaluate an applicant's payment-in-lieu
proposal based on the following criteria:
1. Whether the Housing Master plan is furthered by the
payment.
2. Whether the applicant's site is appropriate for resident
housing.
3. Whether the applicant's site is well suited for the
development of resident housing, taking into account the
availability of services, proximity to employment oppor-
11
tunities, and whether the site contains environmental
constraints to development.
4. Whether the method of payment proposed will result in
resident housing being produced prior to or at the time
the impacts of the development will be experienced by
the community.
5. Whether the development itself requires the provision of
resident housing on site to meet its service needs.
6. When the application shall be for residential development
allotments, a minimum of twenty-five (25) percent of the
total number of bedrooms built on the site on which
allotments are requested shall be affordable resident
housing, unless, pursuant to the above standards, it
shall be determined that this amount of affordable
resident housing cannot or should not be built on-site.
For the purposes of this section, a studio shall be
counted as a three-quarter (3/4) bedroom.
7. If the Council shall not approve the method by which the
applicant proposes to provide affordable resident
housing, the applicant shall be provided with direction
as to which other method or methods would be preferable.
TABLE VII
pAYMENT-IN-LIEU SCHEDULE
April 1989 to April 1990
EMPLOYEE
UNIT TYPE PER UNIT LOW MODERATE MIDDLE
DORMITORY 1.00 $ 30,000 $ -0- $ -0-
STUDIO 1.25 37,500 25,000 18,750
ONE BEDROOM 1.75 52,500 35,000 26,250
TWO BEDROOMS 2.25 67,500 45,000 33,750
THREE OR MORE 3.00 90,000 60,000 45,000
BEDROOMS
PAYMENT PER EMPLOYEE $ 30,000 $ 20,000 $ 15,000
CONDITIONS:
a. All payment-in-lieu fees shall be dedicated for the
subsidy of the resident housing program, including, but
not limited to, the acquisition of land and buildings,
subsidizing of planning, site development, construction,
and financing of units, upgrading existing housing, and
other housing uses approved by the city of Aspen or
Pitkin County.
12
b. The payment-in-lieu fee shall not be commingled with
general operating funds of the city of Aspen, Pitkin
County, or the Aspen/Pitkin County Housing Authority, and
shall be held in trust.
c. Fees shall be paid prior to issuance of building permit
and will be held in trust by the Housing Authority until
such time that the Housing Authority deems it necessary
to expend these monies.
d. Fees shall be paid prior to and on a proportionate basis
to the issuance of any building permits for the free
market units and/or commercial square footage of the
project.
e. All payment-in-lieu fees, from the time they are due and
payable shall become a lien upon the land and
improvements against which they are assessed and may be
collected against any subsequent owner of such land
and/or improvements. Any claim for payment may be
prosecuted as an action in personam or by an action of
enforcement of such lien or both. If said fee is not
paid to the Housing Authority at the time specified in
the approval process, interest shall be charged to the
applicant at a rate of 2% per month until such fee is
paid in full plus attorney fees.
f. The payment-in-lieu fee shall be indexed to the payment
schedule adopted at time of payment.
g. Applicants may choose to prepay the resident housing
dedication fee prior to the issuance of any building
permits for the project and receive a discount on the
fee, based on the present value index included within
the guidelines. Approval of the present value discount
shall be at the option of the Housing Authority. Lodge
and commercial applicants are not offered this option.
Residential projects under five units will be offered a
discount for early payment calculated on two years at 10
percent. Residential projects over five units will be
offered a discount for early payment calculated on five
years at 10 percent.
G. AFFORDABLE RESIDENT LOTS
An applicant for a development in Pitkin County may satisfy
the resident housing requirement by development of resident
lots. Acceptance of the lots shall be at the discretion of
the Pitkin County Board of Commissioners upon recommendation
of the Housing Authority.
13
CONDITIONS:
1. Ail lots must be fully developed and ready for
construction, i.e., improved lots with water or well,
sewer or septic, roads, telephone, electricity, and gas
(if available), in place.
2. unimproved lots must be conveyed to the Housing Authority
within seven (7) days from the date of recordation of the
final plat for the project.
3. At the time of conveyance, an escrow account in an amount
sufficient to cover installation of improvements of the
lots, in accordance with the Guidelines shall be
established in the name of the Housing Authority and the
applicant. In no event shall improvements, as noted in
Condition No. 1 above, be completed more than one year
from the date of conveyance of the property to the
Housing Authority.
4. The Subdivision Improvements Agreement and the Protective
Covenants shall incorporate the conditions stated in No.
1, 2, and 3, directly above this paragraph.
H. PERMANENT MODERATE HOUSING LOTS (PM/{)
Ail PMH resident lots proposed to be operated as 100 percent
resident housing without any associated free market or
commercial development, may be exempt by Contract from the
housing price guidelines, if approved by the Aspen city
Council or the Board of County Commissioners of Pitkin County,
and shall be controlled by separate agreement with the Housing
Authority. The city and County may accept land or development
rights under separate Agreement.
I. LOW IMPACT SUBDIVISIONS
Ail PMH lots created subject to the Low Impact Subdivision
regulations, shall comply with either the iow, moderate, or
middle income and occupancy guidelines, as determined by the
Housing Authority. Ail PMH lots granted approval subject to
the Low Impact Subdivision shall be restricted by conditions
established on a case by case basis by Resolution of the Board
of County Commissioners, and upon recommendation of the
Aspen/Pitkin Housing Authority.
J. DEED RESTRICTING EXISTING UNITS
An applicant may satisfy the resident housing obligation by
deed restricting existing unrestricted housing that complies
with the Affordable Resident Housing Guidelines. Acceptance
of existing units shall be at the discretion of the Aspen city
14
Council or the Pitkin County Board of Commissioners upon
recommendation of the Housing Authority.
Applicant shall provide documentation acceptable to the
Housing Authority showing ownership or other agreement
granting written permission from the record owner to submit
the proposed project to be converted.
CONDITIONS:
1. The applicant may purchase fully constructed units and
deed restrict them to the resident housing guidelines of
the Housing Authority to assure that they can be rented
or sold at a price and manner to contribute to affordable
resident housing in the city and County.
2. Requirements for upgrade of an existing project shall be
as follows: a unit must be freshly painted; all
appliances must be in good working order; new carpet will
be provided (unless carpet has been purchased in last
five years and is in good condition); exterior shall be
painted and a general level of upgrade to yards, windows,
heating, plumbing and electrical shall be provided. Ail
units shall meet UBC minimum standards and shall be
approved by the Housing Authority and the Building
Inspector prior to issuance of C.O. for the project.
3. Existing units currently deed restricted shall not be
eligible.
4. Applicant shall provide documentation acceptable to the
Housing Authority showing ownership or other agreement
granting written permission from the record owner to
submit the proposed project to be converted.
K. SPECIAL REVIEW COMMITTEE
A Special Review Committee is composed of Housing Authority,
city, or County Staff. The Committee shall have the authority
to review special circumstances for consideration not
addressed in the guidelines, or extraordinary circumstances,
including, but not necessarily limited to, a needs assessment
for amounts of rooms to be used by an applicant under the
priority system; financial and asset limitation
considerations; verifications and qualifications which are
questionable; self-employment financial qualification
considerations, etc.
L. ACCESSORY DWELLING UNITS - The development of no more than
one Accessory Dwelling Unit per each dwelling unit on a parcel
containing a detached residential unit or a duplex, which is
required to be deed restricted by a document approved by the
15
Housing Authority.
M. CARETAKER DWELLING U~ITS - The development of one affordable
resident housing unit attached to or within a single family
home or within an agricultural outbuilding on any lot which
conforms to the minimum lot area requirements within the R-
15, R-30, AF-2, AF-1, RS-20 and RS-30 zone districts under the
following conditions and limitations:
1. Newly constructed resident units shall not have more than
one (1) bedroom nor exceed five hundred (500) square feet
of total floor area, provided that resident units in the
R-15 zone shall be limited to studios not to exceed three
hundred fifty (350) square feet.
2. The applicant shall, by deed restriction or other
permanent commitment running with the land, guarantee
that the employee unit shall remain a rental unit, not
be condominiumized, not be occupied by the owner or
spouse, be limited to occupancy by not more than two (2)
adults, and related children, who qualify as (and have
been found by the Housing Authority to be) employees of
the community under such guidelines as may be from time
to time established by said Authority; and leases shall
be provided with terms of not less than six consecutive
months.
16
PART III
RENTAL/SALE REQUIREMENTS
FOR EMPLOYEES
Rental/Sale Resident Housing Guidelines establish admission and
occupancy criteria for resident units. The intent is to promote
and maintain an inventory of affordable rental and ownership units
for Aspen/Pitkin County residents.
A. PROFILE REQUIREMENTS
To be eligible for resident rental/sale housing, a person
must:
A. Not own residential real estate, or list and sell the
residential real estate prior to closing on the
affordable housing unit (and still meeting the asset
limitations) and
B. If he owns vacant land when he leases or purchases a
restricted affordable housing unit, as soon as the land
is improved with a residence, he must relinquish his
rental unit or list and sell his ownership interest in
the affordable sales housing unit; and;
C. A person must qualify as follows:
1. An employee;
2. A senior resident;
3. A handicapped person; or
4. A dependent of any of the above, as defined by the
IRS.
B. INCOME RANGE
Household income (defined as combined individual income) shall
not exceed the following maximums per year:
TABLE VIII
INCOME MAXIMUM
April 1989 to April 1990
THREE OR MORE
INCOME
CATEGORY DORMITORY STUDIO I BEDROOM 2 BEDROOMS BEDROOMS
Low $ 16,800 $ 20,000 $ 29,400 $ 37,700 $ 50,400
Moderate 22,000 27,750 38,500 49,500 66,000
Middle 29,300 36,600 51,300 65,900 88,000
NOTE: A household below an income limit wishing to purchase a unit
restricted under a higher category, may qualify for a unit
restricted under a higher category.
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C. ASSET LIMIT
Assets shall not exceed the following limits:
$250,000 Middle Income
$175,000 Moderate Income
$125,000 Low Income
Any purchaser who has assigned, conveyed, transferred, or
otherwise disposed of property within the last two years
without fair consideration in order to meet the asset
limitations shall be ineligible.
D. VERIFICATION
Verification for rentals shall be accomplished on a yearly
basis for all restricted units. The Housing Authority shall
request any combination, or all, of the following
documentation as Proof of residency and employment:
1. Federal Income Tax return forms.
a. Applicant must provide the last two (2) years of
Federal tax returns, an audited financial statement,
or acceptable documentation to the Housing
Authority.
b. No greater than a 20 percent difference between
income reported on tax returns and current income
statements will be accepted without acceptable docu-
mentation of the difference.
2. Employer verification.
3. Landlord verification (proof of residency, physical
address).
4. Valid Colorado driver's License (address issue date).
5. Verification of Telephone Service (date of installation,
person listed to).
6. Vehicle insurance and registration.
8. Voter registration.
9. Deposits for down payment shall be verified by the holder
of such funds.
10. Any documentation which the Housing Authority deems
necessary to make a determination.
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E. PRIORITY FOR RENTAL OF ~FFORD~BLE RESIDENT UNITS
Persons desiring to lease a Affordable Resident Unit, shall
receive the following priority:
1. Residents. Qualified, verified residents of Pitkin
County.
2. Employers. Employers shall be the last priority.
Employer must provide a copy of the lease acceptable to
the Housing Authority and the lessor defining the rules
and obligations contained therein. Employers cannot
occupy the resident unit, except by Special Review.
F. PRIORITY FOR SALE OF ~FFORD~BLE RESIDENT UNITS, SINGLE-FAMILY
HOMES, ~ND LOTS
The policy of the Housing Authority Board in the past has been
to give residency top priority, and occupancy second priority.
However, the Housing Authority Board has determined during
review in 1989, that in the case of single-family homes, and
lots, tenure and occupancy are tied more closely together.
Therefore, the Board has established two separate sets of
priorities, as determined below, single family homes or lots,
and all other units.
Persons desiring to bid on a resident unit, single-family home
or lot, listed for sale receive priority according to the
following schedule:
1. First Level Priority: Maximum bid price.
2. Second Level of Priority: The following shall have
preference and enjoy such in the following priority:
a. Persons with present ownership interest (joint or
tenants in common) in the unit. The purchase price
for this interest must be equal or greater than all
other bids offered and not exceeding the maximum
allowable bid price.
b. Person(s) chosen by the remaining owner(s) to
purchase the interest of another owner provided that
a bid equal to or greater than all other bids
received but not exceeding the maximum appreciation
and all owners (after sale) will meet all current
qualifications for a household.
c. Spouses or children of current owners.
d. Tenants displaced due to conversion of a project
shall have first priority in the new project.
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3. Third Level Priority
a. For Lots and single-Family Homes only*:
i. Resident with 6 or more years in residency
(calculated by the Housing Authority):
(a) With a minimum occupancy of three or more.
(b) With a minimum occupancy of two.
ii. Residents with 2 to 6 years in residency
(calculated by the Housing Authority):
(a) With a minimum occupancy of three or more.
(b) With a minimum occupancy of two.
iii. Residents with 2 or less years in residency
(calculated by the Housing Authority):
(a) With a minimum occupancy of three or more.
(b) With a minimum occupancy of two.
v. Residents with 6 or more years in residency
(calculated by the Housing Authority) with no
minimum occupancy.
vi. Residents with 2 to 6 years in residency
(calculated by the Housing Authority) with no
minimum occupancy.
vii. Residents with 2 or less years in residency
(calculated by the Housing Authority) with no
minimum occupancy.
b. All other resident housing:
i. Residents with 6 or more years in residency
(calculated by the Housing Authority):
(a) With minimum occupancy and living within
the complex in which the unit has become
available.
(b) With minimum occupancy.
(c) No minimum occupancy and living within the
complex in which the unit has become
available.
(d) No minimum occupancy.
ii. Residents with 2 to 6 years in residency
(calculated by the Housing Authority):
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(a) With minimum occupancy and living within
the complex in which the unit has become
available
(b) With minimum occupancy.
(c) No minimum occupancy and living within the
complex in which the unit has become
available.
(d) No minimum occupancy.
iii. Residents with less than 2 years in residency
(calculated by the Housing Authority):
(a) With minimum occupancy and living within
the complex in which the unit has become
available
(b) With minimum occupancy.
(c) No minimum occupancy and living within the
complex in which the unit has become
available.
(d) No minimum occupancy.
4. By Special Review, Employers may purchase units and are
the last priority. Employers who purchase units are
subject to different Occupancy, Resale, Deed Restriction
and Covenant which can be obtained through the Housing
Authority for review.
5. OTHER CONDITIONS
a. Priority for handicapped units shall be given to
handicapped persons when equal length of residency
is established.
b. Persons who own free market residential dwelling
units in Pitkin county are eligible to purchase deed
restricted sales units contingent upon deed
restricting the free market unit they currently own
to the rental guidelines set forth in these
guidelines concurrently with the purchase of the new
deed restricted affordable housing unit.
Persons who own deed restricted affordable housing
units must sell their unit within 6 months. In the
event the unit is not under contract within 6
months, the Housing Authority has the option to buy
said unit.
c. Any ownership interest other than joint tenancy or
tenancy-in-common must be approved by the Housing
Authority.
d. All transactions regarding the conveyance of any of
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the units shall be subject to the Occupancy and
Resale Deed Restriction, Agreement, and Covenant.
e. Co-signers may be approved for ownership projects
but shall not occupy the unit unless qualified by
the Housing Authority.
f. Units with the highest bids of equal amounts and
equal priority status shall be placed in a lottery
which will be held within a reasonable amount of
time following the deadline for bids.
g. Leave of Absence may be granted for one year subject
to clear and convincing evidence which shows a
reason for leaving and a commitment to return to the
Aspen/Pitkin area and shall be approved by the
Housing Authority Board. said evidence shall be in
written form presented to the appropriate
Homeowner's Association and to the Housing Authority
30 days prior to leaving for review and recom-
mendations. The Leave of Absence shall be for one
year and may, at the discretion of the Housing
Authority Board, be extended for one year, but in
no event shall not exceed two years. The unit may
be rented under the Housing Authority's rental
guidelines, during said year or years, to a
qualified resident in the city of Aspen and/or
Pitkin County. After verification andqualification
of tenant's, a copy of the executed lease shall be
furnished to the Housing Authority.
h. If a unit is listed for sale and the owner must
relocate to another area, the unit may, upon
approval of the Housing Authority Board, be rented
to a qualified resident, approved by the Housing
office. A letter must be sent to the Housing office
requesting permission to rent the unit until sold.
A minimum six (6) month written lease must be
provided to the tenants with a sixty (60) day move
out clause upon notification when the unit is sold.
All tenants must obtain verification from the
Housing office and the unit must rent as defined in
the terms of the Deed Restriction and Covenants on
the unit.
G. TRANSFER FEE
If the title of a unit is transferred according to the Part
III.E.2. of these Guidelines, the transfer fee to the Housing
Authority shall be $100.00, to be paid at closing.
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Assets - Anything owned by an individual, which has commercial or
exchange value. Assets consist of specific property or claims
against others, in contract to obligations due others. Retirement
accounts shall not be included in the calculation of assets.
capital improvements - any fixture erected as a permanent
improvement to real property or that which adds to the value of
the property.
Caretaker unit - an approved additional dwelling unit either
attached or detached to provide housing for a caretaker or manager.
There are no asset or income limitations and rental rates are
calculated, unless otherwise agreed to under the deed restriction
for the particular unit, according to the Housing Authority Guide-
lines if the unit is rented to an employee of another project.
Co-signer - a joint signer of a promissory note.
Consumer Price Index (C.P.I.) - The Consumer Price Index (C.P.I.)
as published by the Bureau of Labor Statistics in the U.S.
Department of Labor, for All Urban Wage Earners and Clerical
Workers (CPI-W) U.S.average - all items or 6% per year whichever
is less.
Debt/income ratio - the ratio of the monthly debt serviceable as
a percentage of gross income.
Dormitory - A structure or portion thereof under single management
that provides group sleeping accommodations for guests or residents
in one (1) or more rooms for compensation. Occupancy of a
dormitory unit shall be limited to no more than eight (8) persons.
Each unit shall provide a minimum of one hundred and fifty (150)
square feet per person of net living area, including sleeping,
bathroom, cooking and lounge used in common. Standards for use and
design of such facilities shall be in accordance with the Employee
Guidelines.
Employee or Full Time Equivalent - A person who works a minimum of
30 hours per week 9 months per year and who may or may not live in
Pitkin County. For the purposes of calculating employee generation
a Full Time Employee Equivalent (FTE) is a person who works 2080
hours per year (173.33 hrs./per mon. x 12 months).
Equity -that interest or value remaining in property after payment
of all liens or charges on the property or the monetary interest
the owner has over and above the mortgage indebtedness.
Financial Statement - a statement detailing all personal assets,
liabilities, and net worth (the difference between assets and
liabilities) as of a specific date.
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Fixture - 1) a tangible thing, which previously was personal
property, and which has been attached to or installed in land or
a structure thereon in such a way as to become a part of the real
property. 2) any nonportable lighting device built in or attached
securely to the structure. 3) The permanent parts of a plumbing
system and fixtures.
Gross Income - the total income derived from a business, employment
and from income-producing property, before deductions for expenses,
depreciation, taxes, and similar allowances.
Handicapped Person - a person shall be considered handicapped
within the meaning of Section 504 of the Rehabilitation Act of
1973 and C.R.S.24-34-301.
Household Income - Combined income of all individuals who will be
occupying the unit regardless of legal status.
Joint Tenancy - Title in real estate owned by two or more persons
with right of survivorship, which upon the death of one, vests in
the remaining joint tenant or tenants.
Interior Design Improvements - Improvements made to a
employee/employer owned unit which depreciate over time.
Improvements include, but are not necessarily limited to carpet,
paint, appliances, window coverings, wall coverings, ceramic tile,
light fixtures, etc.
Leasehold Interest - a less than fee estate which a tenant
possesses in real property.
Lottery - a drawing of lots which selects the winner from equal
applicants.
Maximum Bid Price - calculation of purchase price times the
appreciation (as identified in the resale agreement) plus capital
improvement costs including labor if professionally provided and
for which verification of the expenditure is provided.
Minimum Occupancy - one person (with a leasehold/ownership
interest) per bedroom. A minor child or dependent shall be granted
equal status.
Net Livable Square Footage - is calculated on interior living area,
includes interior storage area, and does not include exterior
storage or garages, either attached or detached.
Occupancy and Resale Deed Restriction, Agreement, and Covenant -
a contract entered into between the Housing Authority and the
purchaser at the time of closing identifying the conditions of
occupancy and resale.
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Permanent Moderate Housing (PMH) - low, moderate, and middle
housing free from speculative investment and for primary residence
use by employees, senior residents, the handicapped, and the
disabled.
Present Value - Future value calculation discounted at percent per
annum discount rate identified in the guidelines.
Resale Agreement - a contract entered into between the Housing
Authority and the purchaser at the time of closing identifying the
conditions of occupancy and resale.
Residency - cumulative length of residency within the last 10
years; need not be continuous or immediately prior to date of
application.
Seasonal Employee - a person working not less than 30 hours per
week, but not for a full year.
Senior - a person the age of 60 years or more.
Tenancy-in-Common - ownership of property between two or more
persons who have an undivided interest in the whole property~ no
right of survivorship, when one of the owners dies, the interest
_ __ passes to his or her heirs or beneficiaries and not to the
surviving tenants in common.
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