HomeMy WebLinkAboutordinance.council.017-95
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ORDINANCE NO. {1--
(Series of 1995)
AN
ORDINANCE ADOPTING THE 1995 AFFORDABLE HOUSING
GUIDELINES 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 pripr 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 1995 Affordable Housing Guidelines ("Guidelines")
recommended by the Board of Directors of the Housing Office 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 set forth the 1994 Housing Office qualification
guidelines for Category 1, 2, 3 and 4 ownership, rental housing
projects, lodge and commercial development, and development of
residential housing units; and
WHEREAS, the City Council desires to adopt said Guidelines,
and by virtue of tpe enactment of this ordinance to supersede and
amend all prior resolutions and ordinances of the City pertaining
to housing guidelines, but only to the extent inconsistent with the
provisions of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
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Section 1
That the City Council of the City of Aspen hereby adopts the
1995 Affordable Housing Guidelines, as recommended by the Board of
Directors of the Aspen/Pitkin County Housing Office, 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 ordinance in effect prior to the
effective date of this ordinance, and the same shall be continued
and concluded under such prior ordinances.
Section 5
A public hearing on the ordinance shall be
day of March, 1995, in the City Council Chambers,
Colorado.
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held on the ..1=t
City Hall, Aspen,
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the l~h day of March,
1995.
ATTEST:
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FINALLY adopted, passed and approved this O1~~ay of March,
1995.
ATTEST:
\guide\cc.ord
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John Bennett, Mayor
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"',Effective April 1, 1995 " "
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TABLE OF CONTENTS
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TABLE OF CONTENTS .
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PURPOSE .
1
HOUSING BOARD POLICY STATEMENT
2
PART I.
AFFORDABLE HOUSING CATEGORIES
Section 1. Income Categories
3
Section 2. Resident Occupied Units and Qualifications
4
PART II.
RENTING, PURCHASING, RESIDING OR SELLING
AFFORDABLE HOUSING
Section 1. Qualifications to Rent or Purchase Affordable
Housing . . .
6
Section 2. Qualifications to Reside in Affordable
Housing . . . . . .
7
Section 3. How to Qualify for Affordable Housing
(Rental or Purchase)
7
Section 4. priorities for Persons Desiring to Rent an
Affordable Housing Unit . .
9
Section 5. Procedures for Sale and Purchase of an
Affordable Housing Unit . . .
11
Section 6. Priorities for Persons Bidding to Purchase
an Affordable Housing Unit
14
Section 7. Leave of Absence for Owners of Affordable
Housing Units
17
Section 8. Roommates
17
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PART III.
INFORMATION FOR DEVELOPMENT OF AFFORDABLE HOUSING
Section 1. Net Minimum Livable Square Footage for Newly
Deed Restricted Affordable Housing Units 19
Section 2. Maximum Sales Prices for Newly Deed Restricted
Affordable Housing Units and for Affordable
Lots ...... 20
Section 3. Maximum Monthly Rental Rates for Newly Deed
Restricted Affordable Housing Units .
21
Section 4. Requirements for Dormitory/Lodge (Seasonal
Units) ....
23
Section 5. Affordable Housing Dedication Fee
(Payment-in-Lieu Fee) 24
Section 6. Conveyance of Vacant Lots 25
Section 7. Deed Restricting Existing Dwelling Units 26
Section 8. Execution of Deed Restrictions by Applicants 26
Section 9. Maximum Vacancy
27
PART IV.
MAXIMUM ANNUAL RENT INCREASE FOR EXISTING
DEED RESTRICTED RENTAL UNITS
28
PART V.
SHOW CAUSE HEARING PROCEDURES
31
PART VI.
GRIEVANCE PROCEDURES . . . . .
32
PART VII.
DEFINITIONS
35
PART VIII. APPENDIX
A.
B.
C.
D.
E.
Listing of Income Categories and Net Asset Limitations
Listing of Principal Sales Projects
Listing of Principal Rental Projects
Listing of Principal Rental proj ects & Property Managers
Methodology for Payment-In-Lieu Schedule
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PURPOSE
"To assure the existence of a supply of desirable and affordable
housing for persons employed in Pitkin County, Senior Citizens,
the Disabled, and other qualified persons of Pitkin County which
are necessary for a balanced community."
- Aspen/Pitkin County Housing Authority's Goal -
(Originally Adopted 1983)
Each year the Aspen/Pitkin County Housing Authority (hereinafter the Housing Office)
establishes guidelines which govern the development of, admission to and occupancy
of deed restricted affordable housing units for Aspen and Pitkin County. The guidelines
support the Housing Office's Goal and are not intended to supersede the appropriate
City or County Land Use Codes or the Uniform Building Code.
The 1995 Affordable Housing Guidelines respond to housing needs in Aspen and Pitkin
County as identified by the Housing Office. The guidelines are used to review land use
applications, establish affordable rental rates and sales prices, establish criteria for
admission and occupancy, and to develop and prioritize current and long range housing
programs.
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HOUSING BOARD POLICY STATEMENTS
The purpose of this section is to assist the staff, development
community and the public in understanding the Housing Board's
philosophy regarding various aspects of the program. These policy
statements will be reviewed and revised by the Housing Board on an
annual basis.
A. Mitigating Affordable Housing Impacts: The following list
establishes the Housing Board's preference.
1. On-site housing;
2. Off-site housing, including the buydown concept;
3. Cash-in-lieu/Land-in-lieu (the preference of cash or land
shall be determined on a case by case analysis) .
B. Preference of unit type: In areas where developers wish
direction regarding the type of unit to construct, the Housing
Board has the following preference.
~ Entry level sales units (studio/I bedroom, Categories 1,
2, and lower priced Category 3);
~ Rental units (Categories 1, 2 and lower priced Category
3) ;
~ Family-oriented sales units (Categories 3 and 4) ;
~ All other unit types are of secondary preference.
C.
The proceeds from the sale of single family lots will be
collected as follows:
1. The County/City will receive sales proceeds from single
family lots when the land is being provided as mitigation
of affordable housing impacts for a development or
growth;
2. The developer/property owner will receive sales proceeds
from single family lots when the land is not being
provided as mitigation of affordable housing impacts for
a development or growth.
D.
Private sector involvement is critical in order to meet our
affordable housing goals. Therefore, the Housing Office Issue
Manager will track affordable housing zone projects through
the Planning and Building Permit process in order to aid in
communications between the developer and government. This
tracking system will ensure that all affordable housing
developments are treated as expeditiously as the City and
County policies intend.'
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PART I.
AFFORDABLE HOUSING CATEGORIES
The Housing Office's goal is directed at establishing and
implementing a plan to provide housing within the community at
rental rates and sales prices which are affordable to persons and
families of low (Category 1), moderate (Categories 2 and 3) and
middle (Category 4) income. In order to carry out this objective,
affordable housing units are categorized to reflect which income
levels they are to service as set forth in Sections 1 and 2 below.
SECTION 1
INCOME CATEGORIES
The maximum gross household income (as defined in the Definitions)
for each income category is set forth in Table I:
TABLE I
MAXIMUM INCOMES BY CATEGORY'
Cateqorv 1
25%-
Cateqorv 2
50%
Income Percentile2
o Dependent
1 Dependent
2 Dependents
3 or More Dependents
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$
$
$
$
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$
$
$
$
$
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35,900
40,900
45,900
50,900
I
22,600
27,600
32,600
37,600
12,COO
Cateqorv 3
75%
$ 51,300
$ 56,300
$ 61,300
$ 66,300
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Cateqorv 4
>75%
$ 87,100
$ 92,100
$ 97,100
$102,100
$102,100
.
NOTE:
higher
A household
category.
may qualify to purchase or rent
a unit
in a
lprior to 1990, income categories were designated as low, moderate or middle income in accordance with the
applicable Guidelines at that time. In 1990, APCHO redefined the terms and established four income categories
in an effort to create a greater variety of units to serve the community's income levels. The four income
categories are equated to the past income categories as shown below. APCHO shall interpret prior references,
including but not limited to past Guidelines, Deed Restrictions and Land Use Code approvals to low, moderate
or middle income categories as to their applicability and compliance with the Guidelines herein.
Category #1
Category #2
Category #3
Category #4
Equivalent to low income level
Equivalent to lower moderate income level
Equivalent to upper moderate income level
Equivalent to middle income level
~Income amounts and percentiles are derived from the 1990-91 Aspen/Pitkin County Housing Study and survey
of employees who live or work in Pitkin County and have been adjusted to the current Guidelines. Percentiles
are provided for informational purposes only. The median household reported by the survey was $40,000.
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SECTION 2
RESIDENT OCCUPIED UNITS AND QUALIFICATIONS
In addition to the income categories for affordable housing units
set forth in Section 1 above, affordable housing units may also be
designated "Resident Occupied Units." This category was created to
offer the private sector an incentive to produce affordable housing
for the community. Resident Occupied Units shall be occupied by
persons and families who qualify as stated below.
A developer of a Resident Occupied Unit, either for sale or rental,
shall have the right to select the purchaser or tenant of the unit
so long as that person (s) complies with the qualifications set
forth below. Sales or rentals of Resident Occupied Units shall be
the responsibility of the owner of the unit. The Housing Office
shall only qualify purchasers or tenants for compliance as set
forth below.
REQUIREMENTS FOR RO UNITS
Resident Occupied Units shall meet the following criteria:
A. No asset or income requirements.
B. Initial Sales Price - set by developer.
C.
Maximum Resale Price/Appreciation - The maximum resale price
is the purchase price plus four percent (4%) appreciation
[simple, not compounded] of the purchase price for each year
or portion thereof, that the unit is owned. If an RO unit is
sold prior to three full years of ownership, then the owner
is not entitled to any appreciation. Once the RO unit has
been owned for over three full years, then the owner is
entitled to a maximum of four percent (4%) (simple) annual
appreciation for each year or portion thereof that the unit
is owned (including years one through three) .
D. Unit Size - A maximum of 2,000 gross square feet; a maximum
500 square foot garage; and a maximum 1,000 square foot
basement. If a larger garage or basement is constructed,
then all square footage over 500 or 1,000, respectively, will
be counted as a part of the 2,000 square feet of space
allowed.
E.
Employment Requirement - Applicants must demonstrate that
they are qualified employees and that they have two years of
consecutive full-time employment, as defined by the
Affordable Housing Guidelines, in pitkin County immediately
prior to application. Seniors who are retired are required
to demonstrate that they were qualified employees based upon
the definition in the Affordable Housing Guidelines for five
consecutive years immediately prior to retirement.
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F.
Primary Residence - A RO unit must be the owner's primary
residence. Proof of residency, including, but not limited
to, voter registration and automobile registration, shall be
required.
G. Income/Earnings Applicants must demonstrate that their
income/earnings are earned primarily in Pitkin County (80%).
Applicants must demonstrate that they pay Colorado Income Tax
as a Colorado resident.
H. Sales and Marketing - In terms of sales and marketing of RO
units, the Housing Office shall only qualify prospective
purchasers. Units will be bought and sold in the private
sector; however, each sale shall contribute a one percent
(1%) fee (on total sale price) to the overall housing
program. This fee will be collected in the same fashion as
the FNMA fee at closing. (If the Housing Office markets and
sells Resident Occupied units, then the seller shall
contribute a 2% fee [on total sale price] to the overall
housing program, excluding the 1% fee above.)
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PART II.
RENTING, PURCHASING, RESIDING OR SELLING
AFFORDABLE HOUSING
SECTION 1
QUALIFICATIONS TO RENT OR PURCHASE AFFORDABLE HOUSING
To qualify for and be eligible to rent or purchase an affordable
housing unit, a person must meet the following criteria:
A. Be a full-time employee working in pitkin County, a senior who
has been a full-time employee in pitkin County a minimum of two
years immediately prior to their retirement, or a disabled
person residing in pitkin County who has been a full-time
employee in pitkin County a minimum of two years immediately
prior to their disability (as those terms are defined in the
Definitions); or the spouse of any such employee, senior, or
disabled person or a dependent thereof living with that
qualified employee, senior or disabled person. NOTE: Senior
and disabled applicants shall have the right to request Special
Review to waive the minimum two year employment requirement.
B. Upon purchase or rental of the unit, employee(s) shall occupy
the unit as a primary residence.
C. Not own improved residential real estate in those portions of
Eagle, Garfield, Gunnison or pitkin Counties which are part of
the Roaring Fork River drainage, or list, at competitive market
prices, the residential real estate prior to or simultaneously
with closing on the affordable housing unit (and still meet the
asset/income limitations, as set forth below). If the property
is not sold by the time of closing on purchase of the
affordable housing unit, it must remain listed until sold. If
the owner of the other residential property desires to rent
that property prior to sale, the owner shall be required to
rent such property as affordable housing in accordance with the
Guidelines at the income category determined by the Housing
Office to be appropriate under the circumstances. If an
individual owns vacant land in those portions of Eagle,
Garfield, Gunnison or Pitkin Counties which are part of the
Roaring Fork River drainage, while leasing or owning an
affordable housing unit, as soon as the land is improved with
a residence the individual must relinquish the affordable
housing unit by vacating the rental unit or listing and selling
the ownership interest in the sales unit. NOTE: Applicant
shall have the right to request Special Review with regard to
owning residential property.
D; Have total current household income not in excess of the
maximum amount specified in Part I above for the particular
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category. This Item 4 does not apply to units which are
designated Resident Occupied Units which have no income limits.
NOTE: Applicants have the right to request Special Review with
regard to maximum income.
E.
Have total current household net assets not in excess of
disposed of property within the last two years without fair
consideration in order to meet the net asset limitations shall
be ineligible. NOTE: The ownership of any residential
property (including the affordable housing unit to be
purchased) shall be considered in determining Maximum Net
Assets. Applicants have the right to request Special Review
with regard to Maximum Net Asset limitations. Maximum net
asset limits for households which consist of at least one
senior citizen are 150% of the above-stated figures.
SECTION 2
QUALIFICATIONS TO RESIDE IN AFFORDABLE HOUSING
To remain eligible to reside in an affordable housing unit, a
person must meet the following criteria:
A. For residing in rental units, meet the requirements of Part II,
Section 1, A, B, C, D and E.
B. For residing in a sale unit, meet the requirements of Part II,
Section 1, A, Band C.
NOTE: Persons owning improved residential property and renting
said property, and residing in affordable housing prior to May 1,
1994, will be allowed to retain ownership of that rental
residential property and still be eligible to reside in affordable
housing. However, once the rental residential property is sold,
the person residing in affordable housing may not acquire
additional improved residential property and remain eligible to
reside in affordable housing.
SECTION 3
HOW TO QUALIFY FOR AFFORDABLE HOUSING (Rental or Purchase)
A. INITIAL QUALIFICATION:
In order to determine that a person or household desiring to
rent or purchase an affordable housing unit meets all of the
criteria set forth in Section 1 above, the Housing Office shall
request any combination, or all, of the following documentation
as proof of residency, income, assets and employment:
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1. Federal income tax returns for the last year (for
prospective renters) or the last two (2) years (for
prospective purchasers). Prospective purchasers must also
furnish a current income statement and a current financial
statement, in a form acceptable' to the Housing Office,
verified by applicant to be true and correct; or other
documentation acceptable to the Housing Office. When
current income is twenty percent (20~) more or less than
income reported on tax returns, then the applicant's income
will be averaged based upon current income and the previous
year's tax returns to establish'an income category for the
purpose of purchasing or renting a unit.
2. Verification of employment in Pitkin County (i.e., wage
stubs, employer name, address, and phone number, plus
evidence of legal residency [or I.N.S. Form I-9, Employment
Eligibility Verification] or other appropriate documentation
as requested by the Housing Office) .
3. Landlord verification
address) .
of
residency,
physical
(proof
4. Copy of valid Colorado Driver's License.
5. Verification of telephone service (date of installation,
person listed to) .
6. Vehicle registration.
7. Voter registration.
8. Any other documentation which the Housing Office deems
necessary to make a determination.
9. The applicant desiring to purchase a unit will be required
to sign a release so that the Housing Office can obtain a
copy of the completed loan application submitted to the
lender.
B. REQUALIFICATIONS:
1. In addition to the initial qualification requirements set
forth above, renters of affordable housing units shall be
reviewed and verified bi-annually to ensure that they meet
Minimum Occupancy, Income and Asset requirements under the
Guidelines as they are adopted from time to time. Landlord
shall provide disclosure in their lease that tenants must
be qualified every two years and that tenants must reapply
for qualification in the second year.
2. The Housing Office shall endeavor to cause the landlord.to
give each tenant written notice, ninety (90) AAI%ii[RM'I\~Q~
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days prior to expiration of the two-year period, of the
requirement for requalification with the Housing Office for
continued occupancy of the affordable housing unit. The
notice should be accompanied by the Housing Office's Rental
Approval Form (with instructions for requalification). If
the tenant does not receive the landlord's notice or the
Rental Approval Form, the tenant should contact the Housing
Office at 530 East Main, Lower Level, Aspen, Colorado 81611
(telephone: 920-5050) and request a copy of the Form and
instructions for requalification. The Housing Office will
impose a $15 fee for requalification.
3.
If the tenant is a resident of a unit which is owned by the
City, County or Housing Office, as the result of a "buydown"
situation and that resident's tenancy began prior to the
"buydown" and has been continuous since that time, then the
tenant must qualify as a full-time employee, but not under
the income or asset provisions. The tenant will be required
to pay rent commensurate with their household income of the
unit, regardless of the price category for the unit.
4. If a tenant does not meet the minimum occupancy, income and
asset requirements upon requalification or elects not to pay
the requalification fee, the tenant may continue to rent and
occupy the unit at the rent (subject to the Guidelines
limit) and upon the terms established by the landlord's
lease, for up to one (1) additional year in order to provide
i~i~~iii8~~ime to secure new housing gp$qm~IIg~gli@r
5. No requalification is required for persons who have
purchased and own an affordable housing unit.
SECTION 4
I'RIORITIEIJ FOR I'ERIJONIJ DEClIRING TO -REN!J:!
~~9_m!l1QIQIIE_iN%~!1\~!iig~gBmH9\%!1i,~n!!!
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I. ",:ai ting liot ohall be mClint::lincd for AffcrdClble !louoing unite
mClnaged by the !louoing Office intended fer long term rentCll,
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, "€I €I Eor oeaoonal occupancy. Ceaoonal unito
eJCcluolve of unlto lnten ,e firot oer-cd baoio from date of
. ' €I eX'} a flrot come . ,
ohall be occuple , 0" riority for placement In em
availability. E?wept ~o n~t~i bbeel ";a~ted to eligible applicanto
affordable hOUEnng unlt ~f ~ime on '3tac ....aiting L~ot. If an appli
'.:ith th'7 great cot ler:g~h. . t \~hich meeto aiD/her income Clnd occu
cant re]ecto an offeIe /unl 'h 11 retain hio/her pooition on the
pancy requiremento, hel oh,e 0:0 the applilcant' 0 name ohall be
3,' :PEE r E"e ouch re]ectlono, , . ~ n
lOt. . e.. . hI' t I'eroano deolrlng to ren~ a.
mc'.'"ed to the b?ttem ,of .t ~ lcOt ~inimum occupancy and employment
.^.ffcrdable IIouolng unl t muo me ,
requiremcnto.
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I'eroono Ii ying ;;i thin thc oaFfle
, 'um occupancy otandardo
mlnlm €I E
requiremento ohall be place a
complex nceding to :-~':ldd:~oo
or income quall_lca_ on
the top of the liot.
B.
li7ing uithin I'itlcin County needing to readd:-eoo
I'eroono d d or income qualification requlre
minimum occupancy otan a~ho ct higheot pooition on the liot.
mento shall be placed at e nel
C.
I'eroono li'.'"in'3 \:ithin the oame
occupancy standar~o ohall be placed
pooition on tae llot.
complc;c, meeting minimum
in tae next (thirdl higheot
D.
. and one or more dependento
H, flHnlmum occupanc) ';!'z! Efl
I'eroono '.li . " , : , Eh 22S dayo out of any mon
reoiding in the unit greater an 3,3, be ~laced in the next
' €I ~or three or more bodroomo oha ~
perlO~ ~ . 3,' E
(fourth) higheot pooition on the lO.
HOTEl::. Definitionol aD uood herein io one
1. ~~~~:~m (..:i~~u~a~~)~o~~~fd intere~:) por ~~d~~~:. 10;. ~~~~r e~~i~~
or depe:'.dcn~ reo~d~n~h;~lt~ec ~n:a-ntg:cfa~qual otatuo aD a peroon
any 12 mont. perl?
~ita a leaoeaold lntereot.
E' 'E'onol meeting minimum occupancy
Emergency viorkero (oce De l~\ l t.he h'ighcot priority category
may qualify ~or plaCemen\ ,In Oto in t.hat category upon Special
and compete '.nth o~he:- app :c~n C . , 1 Red c'." Committee that
' €I upon flndlng b) trie pecla fl'
Rc.'"le.... an l' "ith the criteria ereln.
the emergency '.lOr]wr comp leo ..
€I E their reoidence in .^.open or I'i tkin
I'eroono '.;ho are remove, rom otruction of their reoidence
County due to oonv~rolon or re7~n higher priority upon Cpecial
by governmental actlon may recel.O .
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, , sible units ohall be gi7en to
Firot prlorlty fo:- a~ce~ tho "Dofinition" oection
peroono (00 deflne In. '€I ~!
Ouidelineo) prioritizcd by len'3th of reOl enc .
dioabled
of the
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SECTION 5
PROCEDURES FOR SALE AND PURCHASE
OF AN AFFORDABLE HOUSING UNIT
A. LISTING UNIT WITH THE HOUSING OFFICE: STAFF DUTIES
1. An owner of an affordable housing unit desiring to sell
should consult with Housing Office and review the Deed
Restriction covering the unit to determine the maximum sales
price permitted and other applicable provisions concerning
a sale. Unless otherwise provided in the Deed Restriction,
the unit must be listed for sale with the Housing Office and
the Housing Office staff will administer the sale in
accordance with the Guidelines in effect at the time of
listing. There shall be a minimum listing period of three
months before a unit's price can be readj usted. Any
termination in the listing may require the payment of
administrative and advertising costs.
2. These Guidelines are intended to assure that ALL purchasers
and ALL sellers will be treated fairly and impartially.
Questions will be answered and help provided to any
potential purchasers or sellers EQUALLY in accordance with
the current Guidelines. Listings, sales contracts,
extensions to contracts and closing documents will be
prepared and all actions necessary to consummate the sale
shall be undertaken.
3. In pursuit of the above, the Housing Office staff will be
acting on behalf of the Housing Office. It should be
clearly understood by and between all parties to a sales
transaction that the staff members are not acting as
licensed brokers to the transaction, but as representatives
of the Housing Office and its interests. They shall
nevertheless attempt to help both parties to consummate a
fair and equitable sale in accordance with the current
Guidelines.
4.
All purchasers and sellers are advised to consult legal
counsel regarding examination of title and all contracts,
agreements and title documents. The retention of such
counsel, licensed real estate brokers, or such related
services, shall be at purchaser's or seller's own expense.
The fees paid to the Housing Office are to be paid
regardless of any actions or services that the purchaser or
seller may undertake or acquire.
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B. ADVERTISING THE SALE: BID PERIODS
1. After a unit is listed for sale with the Housing Office, the
Housing Office, at its expense, arranges to advertise the
unit for sale in the Wednesday daily papers. When a unit
is first listed, there is an initial two-week bid period
during which the unit is advertised with two open house
dates when the unit may be viewed by interested parties.
The initial two-week bid period ends on the Wednesday after
the second week of advertising. If there are no bids
received in the initial bid period, there will follow
consecutive one-week bid periods, ending on Wednesday, until
the unit is sold.
2. If more than one bid is received during any bid period, they
are prioritized according to the Guidelines. If more than
one bid is in top priority, a lottery is held and the winner
is notified. If the winner of the lottery does not proceed
to contract within five business days of notification, the
next in line is notified and so on, until the unit is under
contract for purchase. Back-up contracts in the priority
order set forth above will be accepted.
3. Prospective purchasers are encouraged to investigate sources
of financing prior to submitting a bid for affordable
housing and can obtain names of lenders from the Housing
Office sales department. Sales staff are available to
assist interested parties with the purchase procedure and
to answer any questions about the process.
C. SALES AND OTHER FEES:
1.
Unless otherwise set forth in the Deed Restrictions covering
the unit, at the closing of the sale the seller will pay the
Housing Office a sales fee equal to two (2) percent of the
sales price. The Housing Office may instruct the title
company to pay said fees to the Housing Office out of the
funds held for the seller at the closing. Unless otherwise
specified in the Deed Restriction, a one-half percent (1/2%)
fee is paid by the Seller at the time of listing, which is
applied to the total sales fee payable at closing. Inthe
event that the seller fails to perform under the listing
contract, rej ects all offers at maximum price in cash or
cash-equivalent terms, or should withdraw the listing afiter
advertising has commenced, that portion of the fee will not
be refunded. In the event that the seller withdraws ifor
failure of any bids to be received at maximum price or with
acceptable terms, the advertising and administrative cqsts
incurred by the Housing Office shall be deducted from ,the
fee, with the balance credited to the owner's sales fee when
the property is sold.
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2. Unless otherwise set forth in the Deed Restriction covering
the unit, upon the initial sale, resale or refinancing 'of
units where FNMA-type financing provisions are used, the use
of which shall be at the sole discretion of the Housing
Office, there shall be a 1/4% fee charged by Housing Office.
The fee shall be paid by the mortgagor; shall be based ion
the amount of the mortgage; shall be paid for each mortgage
transaction; and shall be deposited in the Housing Office
mortgage reserve fund account. Where the fee was not pqid
on the initial purchase of units using the FNMA-type
financing provisions, by way of example the Twin Ridge,
Fairway III and Williams Woods projects, the fee shall be
paid by the owners of said units at the time the unit lis
refinanced or resold. The purchaser's of said units sh~ll
also pay the fee based on their mortgage as set forth above.
If the fee is paid on a unit and the unit is subsequently
refinanced, the fee shall only apply to that amount of the
refinanced mortgage greater than the initial mortgage upon
which the fee was initially collected. F~TI1A-type financing
provisions are those which provide, among other things, for
the removal of the Deed Restriction on the unit upon
foreclosure of the mortgage if the Housing Office or the
City or the County do not exercise their option to purchase
the unit within a specified time following foreclosure. If
FNMA-type financing provisions are not used by the
mortgagor, no fee shall be charged by the Housing Office.
The amount and adequacy of the fee and the mortgage reserve
fund shall be reviewed annually as part of the review of the
Guidelines.
D. DEED RESTRICTION:
The purchaser must execute, in a form sqtisfactory to the
Housing Office and for recording with the pitkin County Clerk
concurrent with the closing of the sale, a document
acknowledging the purchaser's agreement to be bound by the
recorded Deed Restriction covering the sale unit.
E. ADDITIONAL INFORMATION:
1. Any co-ownership interest other than joint tenancy or
tenancy-in-common must be approved by the Housing Office.
2. Co-signers may be approved for ownership of the unit but
shall not occupy the unit unless qualified by the Housing
Office.
3. If a unit is listed for sale and the owner must relocate' to
another area, the unit may, upon approval of the Housing
Office, be rented to a qualified individual, in accordance
with the Guidelines for a maximum period of two (2) years.
Notice of such intent and the ability to comment shall' be
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provided to any applicable homeowner's association at the
time of request to 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 tenant with a sixty (60) day move out
clause upon notification when the unit is sold. All tenants
must be qualified by the Housing Office and the unit must
be leased for the terms set forth in the Deed Restriction
on the unit or, if there are no such provisions in the Deed
Restriction, upon terms approved by the Housing Office.
Prior to Housing Office's qualification of tenant, said
tenant shall acknowledge as part of the lease that said
tenant has received, read and understands the homeowners'
association covenants, rules and regulations for the unit
and shall abide by them. Enforcement of said covenants,
rules and regulations shall be the responsibility of the
homeowners' association. A copy of the executed lease shall
be furnished by the owner or tenant to the Housing Office
and homeowners' association.
SECTION 6
PRIORITIES FOR PERSONS BIDDING TO PURCHASE
AN AFFORDABLE HOUSING UNIT
The qualified person(s) submitting the highest bid price (not to
exceed the maximum bid price) during a bid period shall have the
first right to negotiate purchase of the unit. If two or more
qualified bids are submitted at the highest bid price, they shall
receive preference and be prioritized for selection as the top
bidder in the following order:
A. Persons with a present ownership interest (joint or tenants in
common) in the affordable housing unit.
B . Person (s) chosen by the remaining owner (s) to purchase the
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C. Spouses and/or children of current owners, including joint
custody of the children.
D.
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;m~ffiB'.'mM*~~m~n'MFPR'Bffig" ~"..~"' ",= ""'lJ'~=U",~==.'=
E.
Persons with four or more consecutive years of employment in
pitkin County immediately prior to application for purchase:
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1. With minimum occupancy and one or more dependents for units
with three or more bedrooms (dependents must reside in the
unit greater than ~~~ days out of any 12-month period) .
2. With minimum occupancy.
F. Persons with one to four consecutive years of employment in
pitkin County immediately prior to application for purchase:
1. With minimum occupancy and one or more dependents for units
with three or more bedrooms (dependents must reside in the
unit greater than *~~ days out of any 12-month period) .
2. With minimum occupancy.
G. Persons with less than one consecutive year of employment in
pitkin County immediately prior to application for purchase:
1. With minimum occupancy and one or more dependents for units
with three or more bedrooms (dependents must reside in the
unit greater than *@~ days out of any 12-month period) .
2. With minimum occupancy.
H. Persons with four or more consecutive years of employment in
pitkin County immediately prior to application for purchase not
meeting minimum occupancy, but which most closely approximates
minimum occupancy.
I. Persons with one to four consecutive years of employment in
pitkin County immediately prior to application for purchase not
meeting minimum occupancy, but which most closely approximates
minimum occupancy.
J. Persons with less than one consecutive year of employment in
pitkin County immediately prior to application for purchase not
meeting minimum occupancy, but which most closely approximates
minimum occupancy.
After prioritization, the names of bidders with the highest bids of
equal amounts and equal priority status shall be placed in a
lottery which will be held within a reasonable amount of time
following the deadline for bids.
If the terms of the proposed purchase contract, other than maximum
price, as initially presented to the owner, are unacceptable to the
owner, there shall be a mandatory negotiation period of three (3)
business days to allow the owner and potential buyer to reach an
agreement regarding said terms, including but not limited to ithe
closing date and financing contingencies. If after the negotiation
period is over the owner and buyer have not reached an agreement,
the next bidder's offer will then be presented to the owner for
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consideration and a three (3) business day negotiating period will
begin again. All follow-up qualified bids will be processed in a
like fashion until the unit is sold or all bids are rejected. If
the owner rejects all bids, the unit shall be rebid or withdrawn
from sale and the owner shall be subj ect to the provisions of
Section 4, paragraph C.1., regarding sales fee.
NOTES:
1. Minimum Occupancy (see Definitions) as used herein is one
person (with an ownership interest) per bedroom. A minor child
(21 years of age or younger) or dependent residing in the unit
greater than 183 days out of any 12-month period shall be
granted equal rights as a person with an ownership interest.
2. Emergency workers (see Definitions) meeting minimum occupancy
may qualify for placement into the highest lottery category
(except Sections 5 A, B, C and D) and compete with other
applicants in that category upon Special Review and upon
finding by the Special Review Committee that the emergency
worker complies with the definition herein.
3. First priority for accessible units shall be given to disabled
persons prioritized by length of residency.
4. Persons who are removed from their residence in Aspen or Pitkin
County due to conversion or reconstruction of their residence
by government action may receive higher priority upon Special
Review.
5. Transfer within immediate family to a qualified buyer requires
a $100 fee.
~
SECTION 7
LEAVE OF ABSENCE FOR OWNERS OF
AFFORDABLE HOUSING UNITS
If an owner of an affordable housing unit must leave pitkin Co~nty
for a limited period of time and desires to rent the unit during
the absence, a leave of absence may be granted by the Housing
Office for one year upon clear and convincing evidence which shows
a bona fide reason for leaving and a commitment to return to the
Aspen/Pitkin area. A letter must be sent to the Housing Office, at
least 30 days prior to leaving, requesting permission to rent the
unit during the leave of absence. Notice of such intent to rent
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and the ability to comment shall be provided to any applicable
homeowners' association at the time of request to the Housing
Office. The leave of absence shall be for one year and may, at the
discretion of the Housing Office, be extended for one year, but in
no event shall the leave exceed two years: The unit may be rented
in accordance with the Housing Office's Guidelines during said one
or two year period so long as the Deed Restriction covering the
unit permits the rental. In the event that the rental rate is not
set forth in the Deed Restriction, the rent shall be established at
the greater of owner's cost or the rent established in accordance
with the Guidelines for units at the appropriate income category
(see Table IV). Owner's cost as used herein includes the monthly
mortgage principal and interest payment, plus condominium fees,
plus utilities remaining in owner's name, plus taxes and insurance
prorated on a monthly basis, plus $20 per month. Prior to Housing
Office's qualification of tenant, said tenant shall acknowledge as
part of the lease that said tenant has received, read and
understands the homeowners' association covenants, rules and
regulations for the unit and shall abide by them. Enforcement of
said covenants, rules and regulations shall be the responsibility
of the homeowners' association. A copy of the executed lease shall
be furnished by the owner or tenant to the Housing Office and
homeowners' association.
Additionally, an owner may request a one-time in-county leave of
absence for oh (C) ffiontho Qiii!!;'!:~!~...M~;ljj18 by Special Review with all
the above conditions applyfng:
SECTION 8
ROOMMATES
Rental Units - Roommates are permitted provided that they meet the
provisions of Part II, Section 1, A, B, C, D and E. A roommate
must reside in the unit for a minimum of ninety (90) consecutive
days in order to have standing as a bona fide roommate for the
purpose of taking over primary tenancy of the unit. The maximum
rental rate for the unit/room shall not exceed the maximum rental
rate permitted under the Guidelines in Part III, Section 3,
Table IV, herein for said unit pro rated on a per bedroom basis.
Sales Units - Roommates are permitted provided that they meet the
provisions of Part II, Section 1, A, Band C. Any roommate must be
given a lease of at least six (6) months,Copiesofi3.111e=apes
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Unless otherwise set forth in the Deed Restriction and or covenants
of the Homeowner's Association covering the unit, an owner may rent
a unit/room to a qualified employee or qualified employee of a non-
profit (provided that they meet the income guidelines for that
specific unit) so long as the owner continues to reside in the unit
as a sole and exclusive place of residence. The owner shall be
deemed to have ceased to use the unit as her sole and exclusive
place of residence by accepting permanent employment outside of
pitkin County, or residing in the unit fewer than nine (9) months
out of any twelve (12) months.
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PART III.
INFORMATION FOR DEVELOPMENT OF
AFFORDABLE HOUSING
Part III of the Guidelines contains information to be used, by
developers of affordable housing units in the City of Aspen and
pitkin County whether required in connection with an application
for free-market development or otherwise.
SECTION 1
NET MINIMUM LIVEABLE SQUARE FOOTAGE FOR
NEWLY DEED RESTRICTED AFFORDABLE HOUSING UNITS
Table II sets forth the allowable Minimum Net Liveable Square Feet
(see Definitions) for each unit type and category. Developers may
choose to construct larger units; however, allowable rent and sale
prices for such larger units may not exceed the maximum set forth
in Tables III and IV. The minimum net liveable square foot
requirements may be reduced upon demonstration to and approvaliby
the Housing Office that the development satisfies, or is required
to adjust to, other physical factors or considerations including,
but not limited to, design for livability, common storage, other
amenities, location or site designs.
TABLE II
MINIMUM NET LIVEABLE SQUARE FEET
FOR EACH UNIT TYPE AND INCOME CATEGORY
Uni t Tvoe
Cateqories 1 & 2
Square Feet
Cateqories 3& 4
Square Feet
Studio
1 Bedroom
2 Bedroom
3 Bedroom
Single-Family Detached
400
600
850
1,000
1,100
500
700
950
1,200
1,400
NOTES:
1. Net Liveable Square Footage (see Definitions) calculations
shall be required for the affordable housing component 0;E a
project and must be verified by the Building Department prior
to issuance of any building permits for either the free market
or affordable housing component of the project. The Building
Department shall retain a set of approved building permit
drawings for the project and the Building and Zoning
Departments or Housing Office may check the actual construction
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of the affordable housing units for compliance with the
approved building permit plans.
2. The City of 1'.Dpen 1'.cceDDory D'.;clling, Unit I'rogrClFR requireD Cl
minimum of 200 DEluare feet and Cl m:miFRum of '700 Dquare feet. ef
net li.,-eable DquClre feet for acceDDory aOlelling unito.
SECTION 2
MAXIMUM SALES PRICES FOR NEWLY DEED RESTRICTED
AFFORDABLE HOUSING UNITS AND FOR AFFORDABLE LOTS
Table III sets forth the maximum sales price for newly deed
restricted affordable housing units and affordable lots to the
initial purchaser. Maximum resales price of a unit shall be
controlled by the Deed Restriction covering the unit executed by
the initial purchaser upon closing of the initial purchase.
TABLE III
MAXIMUM UNIT SALES PRICES
Uni t Tvpe
Cateqorv 1 Cateqorv 2 Cateqorv 3 Cateqorv 4
Studio
1 Bedroom
2 Bedroom
3 Bedroom
Single-Family
-Fami
60,500
70,800
81,000
$ 99,000
$109,200
$119,400
$129,200
$143,000
1
$167,600
$177,800
$188,100
$198,300
$205, 00
25 00
NOTES:
1. Single-family lots shall be developed with homes of three
bedrooms or larger and shall be prioritized for lottery as set
forth in Part II, Section 5 herein.
2. Category 2 single-family lots will require a $19,000 subsidy
payment by the developer in addition to the conveyance of the
lot. Category 1 single-family lots will require a $63,200
subsidy payment by the developer in addition to the conveyance
of the lot. Lot prices include the cost of access and
utilities for the lot as set forth in Part III, Section 6
herein.
3. Sale units will be offered for sale through the Housing Office
to all qualified persons under the procedures established by
the Guidelines,
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4. In the event affordable housing units associated with a lodge,
agricultural operation, or commercial development are retained
by the owner/operator of the development, persons employed
directly by such owner/operator shall. be given first priority
to purchase; however, said persons must meet the Housing
Office's Guidelines for occupancy, income and assets criteria
in order to qualify to occupy the unit(s). In the event there
are no persons directly employed by the owner who qualify, the
unit shall then be offered to other qualified persons according
to Part II, Section 5, of these Guidelines. (Affordable
Housing [AH] Zone development is exempt from this section.)
5. All newly deed restricted affordable housing sales units must
be in a marketable condition and comply with the Uniform
Building Code and with all rules, regulations, and codes of all
governmental utilities and agencies having jurisdiction. Prior
to sale the unit must be inspected and approved by a certified
building inspector, arc hi tect or engineer approved by the
Housing Office for compliance with the Guidelines. Cost of
such inspections shall be the responsibility of the applicant,
and the results of such inspection must be approved by the
Housing Office.
SECTION 3
MAXIMUM MONTHLY RENTAL RATES FOR NEWLY DEED RESTRICTED
AFFORDABLE HOUSING UNITS
Table IV sets forth the maximum monthly rental rates which may be
charged by the developer for newly deed restricted affordable
housing units. The rental rates apply and shall be in effect for
a twelve (12) month period from the commencement date of the
initial lease with the first tenant of the newly deed restricted
unit. Thereafter, the maximum monthly rental rate may be increased
only if, and to the. extent that, the Guidelines then in effect
permit an annual increase in rental rates.
TABLE IV
MAXIMUM MONTHLY RENT
Uni t Type
Cateqorv 1 Cateqorv 2 Cateqorv 3 Cateqorv 4
Studio
1 Bedroom
2 Bedroom
3 Bedroom
Single-Family
Detached
$315 3'24'
388 :@~8
461 4113:
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609 @2'5
$560
658
756
855
953
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$ 835 :!K~jl, $1,326
933 :Q$~: 1,425
1,031 !1iili@!ilg 1,522
1,130 WWWm% 1,621
1,228 :*m*@~ 1,670
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NOTES:
1. Units constructed prior to
Guidelines shall charge rents
forth in Part IV, Table IX.
the effective date of these
that do not exceed those set
2. Rental rates shall apply whether the units are provided
furnished or unfurnished.
3. Rental rates in Table IV include, and may not be increased to
pay for, the cost of utilities in common areas, condominium
dues, management costs and taxes. In the event that utilities
are commonly metered, a charge to the tenant may be made in
addition to the maximum rents in Table IV for the tenant's
share of such utilities attributable to the tenant's net living
area. Tenants shall be responsible for individually metered
utilities.
4. Prior to occupancy of a deed restricted rental unit, a proposed
tenant must be qualified by the Housing Office for occupancy
and provide to the Housing Office all verification required
under these Guidelines. Occupant must provide owner/landlord
with proof of verification and qualification by the Housing
Office prior to occupancy. Owner shall be required to provide
a copy of lease agreement with tenant to the Housing Office for
approval, which shall be given or denied within five working
days after receipt by the Housing Office. Leases shall meet
occupancy standards and allowed rental rates, and shall be for
a minimum term of six consecutive months. An executed copy of
the lease shall be provided to the Housing Office prior to
occupancy by tenant.
5.
In the event affordable housing units associated with a lodge,
commercial, agricultural operation, or residential development
are retained by the owner/operator of the development, persons
employed directly by such owner/operator meeting the income,
occupancy, and asset standards may be given first priority to
rent. In the event there are no persons directly employed by
the owner who qualify, the unit shall then be offered to other
qualified persons according to the procedures contained in
Part II of the Guidelines.
6 .
All newly deed restricted affordable housing rental units must
comply with the Uniform Building Code and with all rules,
regulations and codes of all governmental bodies and agencies
having jurisdiction. The owner of affordable housing rental
uni ts, at its cost and expense, must keep and maintain · the
interior and exterior of the total structure (including iall
residential units therein) and the adj acent open areas in a
safe and clean condition and in a state of good order :and
repair, reasonable wear and tear and negligent or intentional
damage by tenants excepted.
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SECTION 4
REQUIREMENTS FOR DORMITORY/LODGE (Seasonal Units)
Pursuant to the applicable City or County Land Use Codes, an
applicant for a development may, under certain conditions and
subject to certain requirements, satisfy the affordable housing
requirements by provision of dormitory/lodge units designed for
occupancy by seasonal employees. Acceptance of such dormitory/
lodge units shall be at the sole discretion of the respective
governing body at the recommendation of the Housing Office. The
dormitory/lodge units must satisfy all requirements of the
applicable Guidelines and shall be required to meet the following
minimum standards:
A. Occupancy of a dormitory unit shall be limited to no more than
eight persons.
B. There shall be 150 or greater net liveable square feet of
living area per person, including sleeping and bathroom. For
purposes of this requirement, Net Liveable square footage shall
not include interior or exterior hallways, parking, patios,
decks, cooking, lounge used in common, laundry rooms,
mechanical areas, and storage. Rents for dormitory/lodge units
and units developed for seasonal occupancy only pursuant to a
plan approved by the Housing Office shall be calculated on the
net liveable square footage as described above and computed at
the rates set forth in Table V.
C. Notes 3, 4, 5 and 7 under Table IV, Part III, Section 3, apply
to Dormitory/Lodge units.
D. At least one bathroom shall be provided for shared use 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 net liveable square feet.
E. A kitchen facility or access to a common kitchen or common
eating facility shall be provided subject to the Housing
Office's approval and determination that the facilities are
adequate in size to service the number of persons using the
facility.
F. Use of 20 net leasable square feet per person of enclosed
storage area located within, or adjacent to, the unit.
G. A manager's or assistant manager's rent shall be calculated
based on the income category of the respective manager.
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Tl'.BLE V
1995 HI'.xn!m! ALLOWABLE !mNTHLY RENT FOR NEWLY CO!WTRUCTED OR
DEED REIJTRICTED DORUITORY /LODCE UNITIJ OR UN'ITIJ nITE!lDED
FOR IJEAIJON'AL OCCUrl'.iUCY (INCLUDINC UTILITIEEJ)
Hc.;ly Conotructcd or Covcnanted (1989 on)
$1.59/0'.f.
SECTION 5
AFFORDABLE HOUSING DEDICATION FEE (Payment,-In-Lieu Fee)
Payment-In-Lieu Schedule
A. Pursuant to the applicable City or County Land Use Codes, an
applicant for a development may, under certain conditions and
subject to certain requirements, satisfy the affordable housing
requirement by payment of an affordable housing dedication fee
(payment-in-lieu fee). The number of employees (affordable
housing residents) required to be housed is determined by the
Employee Generation schedules contained in the applicable City
and County Codes. The time of payment of the fee is prior to
the issuance of a building permit. Acceptance of the payment-
in-lieu fee shall be at the sole discretion of the respective
governing body at the recommendation of the Housing Office.
B. All County fees shall be paid to the pitkin County Finance
Director and all City fees ,shall be paid to the City Finance
Director. A receipt shall be issued by the Finance Directors
to the applicant for submission to the Planning Office' as
verification of payment, with a copy of the receipt supplied by
the developer to the Housing Office prior to issuance of a
building permit.
TABLE VI
PAYMENT IN LIEU SCHEDULE
Payment per Full-Time Equivalent Employee by Category
Category 1
Category 2
Category 3
Category 4
$69,000
$51,000
$34,000
$ 4,000
$j@1l11!:!gjjjj
i1i~~I,'ll'QQ
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!J!*~l:@~!;l
A full-time equivalent employee equals an employee working
2,080 hours per year.
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For the purposes of calculating payment-in-lieu fee, the
following occupancy standards shall apply:
TABLE VII
OCCUPANCY STANDARDS BY UNIT TYPE
UNIT TYPE
OCCUPANCY
Dormitory/Lodge
Studio
One Bedroom
Two Bedrooms
Three Bedrooms
1.00 employee/150 sq. ft.
1.25 employees
1.75 employees
2.25 employees
3.00 employees
For each bedroom in excess of three, the occupancy standard
increases by .5 employees
Refer to Appendix E concerning methodology on
Payment-in-Lieu Schedule
SECTION 6
CONVEYANCE OF VACANT LOTS
Pursuant to the applicable City or County Land Use Codes, an
applicant for a development, under certain conditions and subj'ect
to certain requirements, may satisfy the affordable housing
requirement by the conveyance of vacant lots. Acceptance of 'the
lots shall be at the sole discretion of the respective governing
body upon recommendation of the Housing Office.
A. All lots must be fully developed and ready for construction,
i.e., improved lots with water or well, sewer or septic, ro~ds,
and telephone, electricity and gas (if available) in place to
the property line. A soils report, prepared by a qualified
engineer and based upon test holes within the building envelope
of each lot, stipulating that the lot is suitable for
construction of the intended dwelling type without requiring
unusual excavation, foundation work or accommodation of other
unusual conditions shall accompany the conveyance.
B. All lots must be conveyed to the Housing Office concurrent with
the recordation of the final plat for the project.
C. At the time of conveyance, an escrow account in an amClunt
sufficient to cover 125% of the estimated costs required to
complete the improvement of the lots in accordance with Item A
above shall be established in the name of the Housing Office
and the applicant. In no event shall improvements, as noted in
Item A above, be completed more than one year from the date of
conveyance of the property to the Housing Office.
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D. The Subdivision Improvements Agreement and the Protective
Covenants shall incorporate the conditions stated in A, Band
C directly above this paragraph.
SECTION 7
DEED RESTRICTING EXISTING DWELLING UNITS
A. Pursuant to the applicable City or County Land Use Codes, ,an
applicant for a development, under certain conditions and
subj ect to certain requirements, may satisfy the affordable
housing requirement by deed restricting existing unrestricted
housing to comply with the Guidelines. Acceptance of existing
units shall be at the sole discretion of the respective
governing body upon recommendation of the Housing Office.
B. If accepted by the City or County, existing units must be
upgraded in accordance with the following criteria, unless a
variance from these requirements is approved by the applicable
governing body upon the recommendation of the Housing Office:
all units must be freshly painted; all appliances must be
purchased within the last five years and be in good condition
and working order; new carpet shall be provided (unless carpet
has been purchased in last five years and is in good condition
and repair); the exterior walls shall be freshly painted within
one year of dedication, a general level of upgrade to yards and
landscaping shall be provided, and, windows, heating, plumbing
and electrical systems, fixtures and equipment shall be in good
condition and working order. The roof must have a remaining
useful life of at least ten (10) years. All units shall meet
Uniform Building Code minimum standards, any applicable housing
code or, in the absence of an adequate code, such recognized
housing code acceptable to the Housing Office and shall. be
approved by the Housing Office and verified by a qualified
Building Inspector accepted and approved by the Housing Office.
Applicant shall bear the costs and expenses of any required
upgrades to meet the above standards as well as any
structural/engineering reports required by the Housing Office
to assess the suitability for occupancy and compliance with the
Housing Office standards of the proposed units.
SECTION 8
EXECUTION OF DEED RESTRICTIONS BY APPLICANTS
Deed Restrictions must be submitted by the applicant to the Housing
Office according to the following time schedule:
A. Conditional Use Applications Prior to issuance of any
building permit for a project, the Housing Office shall have an
approved, executed and recorded Deed Restriction for the
required commitment by the applicant. A copy of the recorded
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Land Use Code Resolution and Deed Restriction shall be sent to
the Housing Office.
B.
Growth Manaqement Plan Applications - ,Prior to issuance of any
building permit for a project, the Housing Office shall have an
approved, executed and recorded Deed Restriction for the
required commitment by the applicant. A copy of the recorded
Land Use Code Resolution and Deed Restriction shall be sent to
the Housing Office. Prior to issuance of any Certificate of
Occupancy, the Deed Restriction shall be amended, if necessary,
to reflect changes approved by the Housing Office and governing
bodies which may have occurred during construction or
conversion of the unit(s) (i.e., net liveable square footage),
executed and recorded, with the original returned to the
Housing Office for their files.
C. Others Prior to issuance of any building permit for a
project, the Housing Office shall have an approved, executed
and recorded Deed Restriction for the required commitment by
the applicant. A copy of the recorded Land Use Code Resolution
and Deed Restriction shall be sent to the Housing Office.
Prior to issuance of any Certificate of Occupancy, the Deed
Restriction shall be amended, if necessary, to reflect changes
approved by the Housing Office which may have occurred during
construction or conversion of the unit(s) (i.e., net liveable
square footage), executed and recorded, with the original
returned to the Housing Office for their files.
SECTION 9
MAXIMUM VACANCY
Deed restricted rental units, which are required to be occupied,
may be vacant between tenancies for a maximum period of forty-five
(45) days, unless authorized by the Housing Office. If the owner
exceeds the forty-five (45) day limit without Housing Office
approval, then Housing Office will place a qualified employee from
existing wait lists with a minimum six (6) month lease.
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PART IV.
MAXIMUM ANNUAL RENT INCREASE FOR
EXISTING DEED RESTRICTED RENTAL UNITS
The maximum monthly rent for an existing affordable housing unit is
determined by starting with the maximum monthly rent permitted for
that unit under the Guidelines in effect in the year in which the
unit was first occupied and increasing that rent each year by the
maximum percentage rent increases permitted by the Guidelines each
year. For excnnple, Cl 1m." income unit firot occupied in 1981 hClp. a
otClrting mmdmum monthly rent under the Cuidelineo then in effect
of ~ 0 . 1'7 per net Ih"eClble oquClre foot (ao ohm;n in the Dcheduleo,
Table IX, helm;) and mmdmum ClnnuCll rent increCloeo by the
percentage increCloe permitted each year by the Cuidelineo ClO ohmm
in TClble YI belm;.
Maximum rent increases and the year in which each increase was
allowed for existing units are as follows:
TABLE VIII
PERMITTED INCREASE IN MAXIMUM RENT
FOR EXISTING AFFORDABLE HOUSING UNITS
Year Increase Year Increase
1978-1982 0.0% 1990 3.0%
1983 6.6% 1991 0.0%
1984 5.0% 1992 2.0%
1985 3.3% 1993 1.2%
1986-1988 0.0% 1994 1.0%-
1989 4.7%
The proposed 1.1% increase is based on the percentage change in the
Consumer Price Index (Urban Wage Earners, November 1993 - November
1994. The index increased at the rate of ~ gE@~ during this
period. Operating costs for rental housing, which"are subj ect to
the CPI increase, are assumed to be 40% of rental income. The
proposed rental increase of 1.1% is 40% of the CPI increase, which
is sufficient to cover any increase in operating costs.
...................
The scheduleD oct forth helm;, collecti 7ely called TClble IX, dhml
for e:J.eh unit Cate'3ery. (1) the allmJClble monthly rent per net
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liveable oquare foot otarting inf;~~ ~~~~h~~ f::~: ~~cu~;:~Yy~~~
~~~re~~~e:m~~~~u~;te~e~of~~a~~e ~ermitted annual rent increaoeo
ohm;n in Table VI above.
bo"n in Table '.'III and the rente allo',;cd in cny
mj,e re",t increases 0... . Ell "a
. :"en .year ohall be g07erned by Table IX. Regar ,coo 0.,
i.~~dlord' 0 determination to ?-ccept a l,?",?r r~nt for any ~r,'en year,
the maximum allmmble rent lO aD opeclfled Hl theoe ta co.
TADLE IX
MAXIMUM MONTHLY RENT3
FOR UNITO DUILT DEFORE 1992
PER NET LIVEADLE OQUARE FOOTAGE
FOR 1995
Initial Lm; 2 Cat. 3 lliddle/
Income/ l10derate Cat.
YC:Lr of Cat. 1
Occupancy Cat. 1 Income
:;;0.C3 ~0.77 N/}~ H/l'. ~0.99
1981
0.86 N/l'. PI/l'. 0.99
1902 0.73
0.9C N/l'. H/l" 1. 10
1983 0.72
0.9C tIll'. N/l'. 1. 32
1981 0.C9
0.9C PI/1\. N/l'. 1.32
1985 0.C9
O. 96 tIll'. N/l'. 1. 32
198C 0.C9
O.9C N/l'. H/l'. 1. 32
1987 0.C9
O.9C N/l'. tIll'. 1. 32
1988 0.C9
0.9C N/l'. N/l'. 1. 32
1909 0.C9
0.9C :;;0.88 ~1. 08 1. 32
1990 0.C9
O. 96 0.88 1. 08 1.32
1991 0.C9
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PART \'J'.
~mow CAUGE HEARING PROCEDUREG
Show causo hoarings am oonduotod to
invoctigate allogod housing violations. The
Housing Office staff Gommenoos e:uoh
proooduros with a leHor to the
ownor!landlord/ton~Jnt sotting forth the
allegod violation and requesting a recponso,
dooumontation or othor informGtion from the
ownor!IGndlord! tonGnt. If
owner!landlord!tonant does not respond
within a sot porioGl of time Ge spocified in the
lottor, a "Shm\' Cause HeGring" iE EOt by the
Housing Offico stGff :md tho ownorllandlord!
tenant is notified of hoaring dGto, time Gnd
placo. Tho purposo of a "Show CGue:e
Hoaring" is to provido to owner!
landlord!tonant an opportunity to show OGue:e
'....hy thoy should not be cited with respect to
the violation(s) or why the Houe:ing Offioe
should not proEeoute or precood to litigation.
ordor that we might dotormine wh~ther
thore is caUEO to beliovo that' the
allegations ac to G violation are trlle."
"Thie Ie: .!lQ! a judiciGI procoedini3. Thie:
BOGrd dOOE not intend, nor doeE it
have the powor to assoss G fino, or
Gny othor penGlty in tho event it
GppeGrs to us thG! G violation' hGe:
occurred. The only rosult in Euch OGe:e
mGY bo G finding by the BOGrd Gt the
conclueion of this hOG ring that caue:o
exists to believe G violation 'hGe
occurred Gnd a direction to our 'staff
and logo I counsel to instituto
appropriGte logal or othor Gction to
remedy thGt violation."
Tho procodum for tho "Shew CGue:e
HOGring" is GE f-ollows:
"Sin co thiE ie not a judiciGI procoeding,
wo aro not bound strictly by rulQE of
ovidenco or procodure., Our purpoEo
and intent ie: te give eGch party
invoivod Gn opportunity to prOEont
whGtever mGtorials thoy doem
Gppropriato relating to the Glloged
violGtion."
The heGring is hold before tho Housing
Offico Beard with at IOGe:t a quorum procent.
Tho Chairpore:on shGII etate:
"Show CGue:o Hoaring. Thic hoaring
has beon convsnod at tho mquost of
tho e:t:)ff of the Houeing Offioe to
rovis'.'\' Glleged violGtionc of (Agreo
mont, Dood Rostriction or Guidelinos)."
",^.Ithough not required, any partymGY
omploy 10g:)1 counsol in pGrticip:)ting in
thiE hoaring."
"Thoso Gllogationc hGVO boon raisod
with regard to (porson) Gnd tho unit
looated Gt (addrosc)."
"Tho general ordor of prooodum 't~ill bo
for G preeontation by tho EtGff, f-ollowod
by G prooentGtion by tho
owner!IGndlord!tonant and, if
requoe:tod, by Gny othor interacted
party. "
"Tho purpose of this Show CGUSO
HeGring is for tho pme:ontation of
infermation to the Housing Offioo in
r '"}ll
"Am them Gny quos Ions.
"Staff may prooeed."
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PART VI.
GRIEVANCE PROCEDURES
A grievance is any dispute that a tenant or purchaser (see Definitions) may have with
the Housing Office with respect to action or failure to act in accordance with the
individual tenant's or purchaser's rights, duties, welfare or status. A grievance may be
presented to the Housing Office Board of Directors under the following procedures.
I.
FILING A GRIEVANCE
A. Any grievance must be presented in
writing to the Housing Office. it may be simpiy stated,
but shall specify: 1) the particular ground(s) upon
which it is based; 2) the action requested; and 3) the
name, address, telephone number of the complainant
and similar Information about his/her representative, if
any.
B. Upon presentation of a written grievance,
a hearing before the Housing Office Board of Directors
shall be scheduied for the next scheduled Board
meeting. The matter may be continued at the
discretion of the Board. The complainant shall be
afforded a fair hearing providing the basic safeguard
of due process, including notice and an opportunity to
be heard in a timely, reasonable manner.
C. The complainant and the Housing Office
shall have the opportunity to examine and, before the
hearing at the expense of the complainant, to copy all
documents, records and regulations of the Housing
Office that are relevant to the hearing. Any document
not made available after written request may not be
relied upon at the hearing.
D. The complainant has the right to be
represented by counsel.
II.
CONDUCT OF THE HEARING
A. If the complainant fails to appear at the
scheduled hearing. the 80ard may make a
determination to postpone the hearing or make a
determination based upon the written document~tion
and the evidence submitted.
B. The hearing shall be conducted by the
Board as follows: Oral or documentary evidence. may
be received without strict compliance with the rul~s of
evidence applicable to judicial proceedings.
C. The right to cross-examine shall be at the
discretion of the Board and may be regulated by the
Board as it deems necessary for a fair hearing.
D. Based on the records of proceeding~, the
Board will provide a written decision and include
therein the reasons for its determination. The deCision
of the Board shall be binding on the Housing Office
which shall take all actions necessary to carry out the
decision.
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PART VII.
DEFINITIONS,
Accessorv Dwellinq Unit (Ordinance #1. Series of
1990) See Aspen Land Use Code, Supp, No.2,
Section 5-510.
Affordable Housinq - Dweillng units restricted to the
housing size and type for individuals meeting asset,
income and minimum occupancy guideiines approved
by the Aspen City Council, Board of County
Commissioners and/or the Housing Office, whichever
shail appiy.
Affordable Housinq Zone District- See Aspen Land
Use Code, Supp. No.1, Section 5-206,2.
Aspen Pitkin County Housinq Authority - Housing
Office.
Assets - Anything owned by an individual which has
commercial or exchange value. Assets consist of
specific property or claims against others, in contrast
to obiigations due others. See aiso definition for
Gross Assets and Net Assets.
Basement - As defined by the appiicable City or
County Land Use Code.
Bedroom - Designed to be used for sieeping purposes
which may contain closets, may have access to a
bathroom and which meets applicable City or County
Uniform Building Code requirements for light,
ventilation, sanitation and egress,
Buvdown Unit - Free-market which the government
(Aspen, Pitkin County, Housing Office) acquired and
deed restricted to affordable housing.
Capital Improvements - Unless otherwise defined in
the Deed Restriction covering the affordable housing
unit, any fixture erected as a permanent Improvement
to real property excluding repair, replacement, and
maintenance costs.
Caretaker Dwellinq Units - See County Land Use
Code.
Cosiqner - A joint signatory of a promissory note who
shail not occupy the unit unless qualified by the
Housing Office.
Deed Restriction - A contract entered Into between
the Housing office and the owner or purchaser of real
property identifying the conditions of occupancy' and
resale.
Dependent - A minor child (21 years or younger) or
other reiatlve of the renter or owner of an affordable
housing unit, which child or relative is taken and iisted
as a dependent for federal income tax purposes by
such renter or owner or his or her present or former
spouse (said dependent must also be related by blood
or adoption and residing with the individual at least six
months and one day [183 days] out of every 12-month
period of time).
Disabled Person - A person who meets the definition
of "Individual with handicaps" contained in 29 U,S.C.
Section 706(8), as amended, the federai Rehabilitation
Act of 1973; or a person who has a "handicap;' as
defined in C.R.S. 24-34-301 (4), the Colorado
Antidiscrimination Act.
Dormitorv - A structure or portion thereof under single
management that provides group sleeping accommo-
dations for occupants in one (1) or more rooms for
compensation. Standards for use, occupancy, and
design of such facilities shail be approved by the
Housing Office. See Part iii, Section 4, of these
Guidelines.
Emerqencv Worker - An employee or volunteer (on
cail 24 hours/day for human, iife threatening
emergencies) of a community based organization that
provides on-scene assistance giving personal care to
victims, including, but not limited to the foilowing: Fire
Department Workers, Mountain Rescue, Sheriffs
Deputies, Police Officers, Hospital Emergency Room
Technicians, Social Service Workers (mentai health
and abuse case workers), Ambulance Drivers and
Emergency Medical Technicians.
Emplovee/Qualified Resident - A person who Is
employed on the basis of a minimum of 30 hours per
week, 9 months per year, In Pitkin County (also see
definition for Seasonal Empioyee).
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Emplover - A business whose business address is
located within Aspen or Pitkin County, whose business
employs employees (as defined herein) within Pitkin
County, and whose business taxes are paid in Aspen
or Pitkin County.
Employee (Non-Profit) - A person who works!
performs for a non-profit organization. Employees
include artists, performers, musicians, organizers,
bookkeepers, etc" but exciuding construction workers.
Non-profit organizations include any certified non-profit
organization providing services to and located in Pitkin
County,
Employee Dwellinq Unit - See Pitkin County Land
Use Code.
Employee Housinq - See definition for Affordable
Housing.
Family-Oriented Unit - A dwelling unit attached or
detached, 3 bedrooms or more, with direct ground
floor access to a useable yard area.
Fee Simple Estate - The maximum possible estate
that one can possess in real property; complete and
absolute ownership of indefinite duration, freely
transferable, and Inheritable.
Financial Statement - A statement detailing all
personal assets, liabilities, and net worth (the
difference between assets and liabilities) as of a
specific date.
Fixture - 1) A tangible thing which previously was
personal property and which has been attached to or
Installed on land or a structure thereon in such a way
as to become a part of the real property. 2) Any non-
portable lighting device built In or attached securely to
the structure. 3) The permanent parts of a plumbing
system and fixtures.
Gross Assets - Anything which has tangible or
intangible value, inciuding property of all kinds, both
real and personai; Includes among other things,
patents and causes of action which belong to any
person, as well as any stock in a corporation and any
Interest in the estate of a decedent; also, the entire
property of a person, association. corporation, or
estate that is applicable or subject to the payment of
debts. Gross assets shall inciude funds or property
held in a living trust or any similar entity or Interest,
where the person has management rights or the ability
to apply the assets to the payment of debts. Gross
assets shall not inciude, where approved by Special
Review, pension pians, blind trusts, or other entities or
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interests in which a person has no management rights
and no ability to apply such assets to the payment of
debts, except to the extent that taxable earnings or
interest income are derived therefrom.
Gross Income - The total income to inciude alimony
and child support derived from a business, trust,
employment and from income-producing property,
before deductions for expenses, depreciation, taxes,
and similar allowances,
Household - All individuals who will be occupying the
unit regardless of legal status.
Household Net Assets - Combined net assets of all
Individuals who will be occupying the unit regardless
of legal status,
Household Income - Combined gross income of all
individuals who will be occupying the unit regardless
of legal status. Adjustments to the gross for business
expenses can be made for persons who are. self-
employed.
Kitchen - For Accessory Dwelling Units and Caretaker
Dwelling Units, a minimum of a two-burner stove with
oven, standard sink, and a 6-cubic foot refrigerator
pius freezer.
Leasehold Interest - A less than fee simple estate
which a tenant possesses in real property.
Lottery - A drawing of lots to select a winner from
equai applicants of highest priority.
Maximum Bid Price - Unless otherwise defined in the
Deed Restriction covering the unit, the owner's
purchase price multiplied by the appreciation (as
permitted by the Deed Restriction) plus the present
value of capital improvement costs inciuding lal;lor, If
professionally provided, and for which verification of
the expenditure is provided.
MinimumOccupancv - One person (with a leasehold!
ownership interest) per bedroom. A minor ch,i1d or
dependent shall be granted equal status as a person
with leasehold!ownership interest
Net Assets - Gross assets minus liabilities.
Retirement accounts will be reviewed on a case-by-
case basis to determine whether or not they shall be
included as a net asset
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Net Liveable Sauare Footalle - Is calculated on
interior living area and is measured interior wall to
interior wall. Including all interior partitions. Also
included, but not limited to, habitable basements and
Interior storage areas, closets and laundry area.
Exclusions include, but are not limited to,
uninhabitable basements, mechanical areas, exterior
storage, stairwells, garages (either attached or
detached), patios, decks and porches.
Present Value - For the purposes of these
Guidelines and any Deed Restrictions containing such
terms, the present value shall be the cost or price of
any capital improvements as established at the time of
such improvement and shall be neither appreciated
nor depreciated from such time.
PrimarY Residence - The sole and exclusive place of
residence. The owner or renter shall be deemed to
have ceased to use the unit as her sole and exclusive
place of residence by accepting permanent
employment outside of Pitkin county, or residing in the
unit fewer than nine (9) months out of any twelve (12)
months.
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Qualified Resident - A person(s) meeting the income
and asset limitations who meet the profile
requirements (part of which requirements include
being a qualified employee, a senior, a disabled
person, or dependent(s) of any of these as such terms
are defined herein) established by the Housing Office
from time to time and in effect at any time.
Resale Aareement - A contract entered into between
the Housing Office and the owner or purchaser of real
property identifying the conditions of occupancy and
resale (also commonly referred to as a Deed
Restriction).
Seasonal Emplovee - A person working not less than
30 hours per week during the Winter Season
(generally November through April) and/or Summer
Season (generally June through August).
Senior - A person the age of 62 years or more.
Special Review Committee - A Special Review
Committee, as established from time to time by' the
Housing Office, is composed of three or more persons
representing the Housing Office, City staff, County
staff, or their respective elected officials. The
Committee shall have the authority to review special
circumstances with respect to matters specifically
designated in the Guidelines that are eligible' for
special review.
Storaae Space - Space intended and commonly
utilized as location for preservation or later use or
disposal of items.
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APPENDIX A.
MAXIMUM INCOMES BY CATEGORY
(as of January 1995)
Cateqorv 1 Cateqorv 2 Cateqorv 3 Cateqorv 4
0 Dependent $ 22,600 $ 35,900 $ 51,300 $ 87,100
1 Dependent $ 27,600 $ 40,900 $ 56,300 $ 92,100
2 Dependents $ 22,600 $ 35,900 $ 51,300 $ 87,100
3 or More Dependents $ 37,600 $ 50,900 $ 66,300 $102,100
Single-Family Home $ 42,600 $ 55,900 $ 71,300 $102,100
NOTE: A household may qualify to purchase or rent a unit in a
higher category.
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APPENDIX B.
LISTING OF PRINCIPAL SALES PROJECTS
(as of January 1995)
CHART OF PRINCIPAL SALE PROJECTS AND REQUIREMENTS
NUMBER OF UNITS MAXIMUM REQUIRED
PROJECT NAME AND TYPE OF UNITS INCOME CATEGORY RESIDENCY
AABC ROW HOUSES 12 Townhomes No Income Guidelines Per Covenants
BILLINGS 7 Townhomes Category 2, 3 and 4 Per Guidelines
CASTLE CREEK 4 Single-Family Homes Category 4 Per Guidelines
VALLEY RANCH
CENTENNIAL 92 Condominiums Category 4 Per Guidelines
COMMON GROUND 21 Townhomes Category 2 and 3 Per Guidelines
EAST HOPKINS 4 Townhomes Category 4 Per Guidelines
EAST OWL CREEK 4 Single-Family Homes Category 4 Per Guidelines
FAIRWAY THREE 30 Townhomes Category 4 Per Guidelines
HIGHLAND VILLAS 16 Condominiums Category 4 Per Guidelines
HUNTER CREEK 77 Condominiums Category 4 Per Guidelines
JUAN STREET 2 Duplexes; 2 Single-Family Category 4 Per Guidelines
LACET (East Cooper) 14 Townhomes/Single-Family Category 3, 4 and RO Per Guidelines
LONE PINE 28 Condominiums (Land Lease) Category 4 Per Guidelines
MIDLAND PARK 37 Condominiums Category 4 Per Guidelines
OH-BE-JOYFUL 5 Single-Family Homes Category 3 Per Guidelines
SMUGGLER
MOBILE HOME PARK 87 Single-Family (Modular) No Income Requirements Per Covenants
SMUGGLER RUN
MOBILE HOME PARK 17 Single-Family (Modular) Category 4 Per Guidelines
SOPRIS CREEK 6 Units consisting of Lots 1, 2, 5, 7 & 9: Category 3
CABINS (MEADOWS) Single Family & Duplexes Lot 8: Category 1 Per Guidelines
TWIN RIDGE 12 T ownhomes
13 Single-Family (w/Garage) Category 4 Per Guidelines
UTE PARK 7 Single-Family Homes Category 4 Per Guidelines
WEST HOPKINS 11 Townhomes Category 2 and 3 Per Guidelines
WILLIAMS WOODS 18 Townhomes Category 2 and 3 Per Guidelines
W/J RANCH 63 Single-Family Homes Category 4 and RO Per Guidelines
I TOTAL i 591 Units I I I
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APPENDIX C.
LISTING OF PRINCIPAL RENTAL PROJECTS
e
(as of January 1995)
CHART OF PRINCIPAL RENTAL PROJECTS AND REQUIREMENTS
e
NUMBER OF UNITS MAXIMUM REQUIRED
PROJECT NAME AND TYPE OF UNITS INCOME CATEGORY RESIDENCY
MBC APARTMENTS 40 Units Category 3 Per Covenants
CASTLE RIDGE 80 Units Category 3 Per Covenants
CENTENNIAL 148 Units Category 1 and 3 Per Guidelines
CLARK'S MARKET
APARTMENTS 18 Units N/A - Resident Occupied Per Covenants
HUNTER LONGHOUSE 28 Units Category 3 Per Guidelines
HUNTER LONGHOUSE ADD'N 5 Units Category 3 Per Guidelines
MAROLT RANCH
Permanent 4 Units Category 3
Seasonal 96 Units N/A Per Guidelines
MOUNTAIN OAKS/HOSPITAL 21 Units Hospital Priority Per Hospital
SMUGGLER MOUNTAIN
APARTMENTS 11 Units Category 1 Per Guidelines
TRUSCOTT PLACE
1- & 2-Bedrooms 46 Units Category 3 Per Guidelines
Studios 50 Units N/A
TOTAL 451 Units Permanent
.]9. Units Seasonal
547 Units
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APPENDIX D.
LISTING OF PRINCIPAL RENTAL PROJECTS AND PROPERTY MANAGERS
(as of January 1995)
AABC Apartments
Lynn Hancock
303 Aspen Airport Business Center
Aspen, CO 81611
(303) 925-2102; 925-2104 Fax
40 Apartments
Castle Ridge Apartments
Maxine Jacobs, Resident Manager
1175 Doolittle Circle, #603
Aspen, CO 81611
(303) 925-6851
80 Apartments
Centennial Apartments
Kim Kellin, Property Manager
1 00 Luke Short Court
Aspen, CO 81611
(303) 925-1876; 920-2691 Fax
148 Apartments
Hunter Longhouse Apartments
Julie Estes, Property Manager
1 01 Lone Pine Road, #20
Aspen, CO 81611
(303) 925-9474
33 Apartments
Marolt Ranch (Seasonal Housing)
Bruce Nethery, Property Manager
Aspen/Pitkin County Housing Authority
530 East Main, Lower Level
Aspen, CO 81611
(303) 920-5050; 920-5580 Fax
96 Seasonal Units
Smuggier Mountain Apartments
Terry Kappeli, Chief of Property Management
Aspen/Pitkin County Housing Authority
530 East Main, Lower Level
Aspen, CO 81611
(303) 920-5050; 920-5580 Fax
11 Apartments
Truscott Place Apartments
Terry Kappeli, Chief of Property Mgmt.
Aspen/Pitkin County Housing Authority
530 East Main, Lower Level
Aspen, CO 81611
(303) 920-5050; 920-5580 FAX
46 Apartments
50 Studios
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APPENDIX E.
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METHODOLOGY
PAYMENT-IN-L1EU SCHEDULE
Under certain conditions, developers may satisfy the affordable
housing requirement by payment of an affordable housing impact
fee (payment-in-lieu). The amount of the payment is based on
the actual cost to purchase land and construct units and the
price for which units may be rented or sold.
The payment-in-lieu schedule for 1995 is based on the cost of
three actual projects (East Hopkins, Juan Street and Kraut
Property). We calculated the actual cost of each unit, from one
bedroom to three bedrooms, and subtracted the sales price for
that unit at each Category (1, 2, 3 or 4). The result was the
total subsidv required for each of the three projects units.
This amount was divided by the average number of employees who
would live in each unit, for a total subsidy per employee. The
averaqe of these is the amount of payment-in-lieu per employee
in each category.
East
Hopkins
Juan Street
Kraut
$2,085.371
27
$1,100,000
3,632,000
( 700,000)
$4.032,000
.
No. of Units
Land Cost
Construction
Parking Sales
TOTAL
4
$ 650,000
944,289
$1,594,209
6
$ 575,000
1,510,371
Subsidy!
Unit Tvpe Cost Price Subsidy Empiovees Empiovee
1 Bedroom, Category 1 $135,681 $ 32,800 ($103,081) 1.75 ($58,904)
1 Bedroom, Category 2 149,333 70,800 ( 78,533) 1.75 ( 44,876)
1 Bedroom, Category 3 149,333 109,200 ( 40,133) 1.75 ( 22,933)
Average
Subsidy
2 Bedroom, Category 1 $231,300 $ 39,500 ($191,800) 2.25 ($85,244)
2 Bedroom, Category 2 238,026 81,000 ( 157,026) 2.25 ( 69,789) ($79,~29)
2 Bedroom, Category 3 249,001 119,400 ( 129,601) 2.25 ( 57,600) ( 64,446)
2 Bedroom, Category 4 186,529 188,100 1,571 2.25 698 ( 51,230)
( 28,777)
3 Bedroom, Category 1 $326,718 $ 46,100 ($280,618) 3.00 ($93,539)
3 Bedroom, Category 2 326,718 90,700 ( 236,018) 3.00 ( 78,673)
3 Bedroom, Category 3 348,668 129,200 ( 219,468) 3.00 ( 73,156)
3 Bedroom, Category 4 373,057 198,300 ( 174,757) 3.00 ( 58,252)
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