Loading...
HomeMy WebLinkAboutordinance.council.003-97 ORDINANCE OF THE CITY COUNCIL CITY OF ASPEN, COLORADO AMENDING THE ADOPTION OF THE ASPEN/PITKIN COUNTY HOUSING OFFICE 1996 AFFORDABLE HOUSING GUIDELINES AS APPROVED BY ORDINANCE NO. 22 (Series of 1996) AS RECOMMENDED BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY , ,.-"J Ordinance No. .-:2 (1997 Series) RECITALS WHEREAS, pursuant to approval of Ordinance No. 22 (Series of 1996), of the County of Pitkin, the 1996 Affordable Housing Guidelines were formally approved and adopted; and WHEREAS, an amendment ("amendment") recommended by the Housing Authority Board of Directors at a regular meeting held on November 20, 1996, a copy of the minutes which is annexed hereto, has been submitted to the City Council which sets forth the amendment to the 1996 Affordable Housing Guidelines as to a change in the ownership limitation to receive an in- complex priority; WHEREAS, the City Council desires to adopt said amendment pertaining to the change in the length of ownership to obtain this in-complex priority, and by virtue of the enactment of this Ordinance to supersede and amend the prior Ordinance 22 (Series of 1996) as it pertains to the specified change. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL that Part II, Section 6, Paragraph D of the 1996 Aspen/Pitkin County Affordable Housing Guidelines be amended as follows: Persons living in and owning another unit within the complex who meet minimum occupancy standards, A person must have owned his in-complex unit for at least six months ono j'o.:Jr prior to receiving the in- complex priority. On an in-complex move, a unit must open up to bid to other qualified persons before receiving the in-complex priority, If someone has owned there unit for less than six months and would like to receive an in-comolex oriority, thev mav request a Soecial Review. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 13th day of January, 1997. ~ (f~- John S. Sennett, Mayor ATTEST: K~ik FINALLY adopted, passed and approved this 27th day of January, 1997, ~/5~ John S. SInnett, Mayor ATTEST: 2 ,/ ~ . ",. Curtis also stated that some people at Lone Pine have asked the question about short- term rentals. Tolen stated that this was brought up around 1990, but could not find any minutes regarding this issue. This is allowed in some deed restrictions. Curtis suggested contacting the homeowners associations about this issue to see what they would prefer. Richards asked if we should be subsidizing this, Richards suggested reviewing each project's deed restriction to see where this applies, Tolen stated that many homeowners' associations will not want this short-term rental clause, Staff will bring this issue back as a regular agenda item. Peters stated that we should not consider additional financing resources for Aspen Village if they expect to remove their deed restriction, Tolen stated that Aspen Village homeowners feel they can't financing because of the deed restriction, which is incorrect. Richards stated that one thing that has been missing is if the original owner had been able to sell as 150 free market, they would have never been able to buy. Both the public and the homeowners need to know this. Tolen stated that at this point no one is ready to listen. Peters stated that he would not support the parking expansion at Marolt. VI. ACTION ITEMS: A. Gayle Godwin Request for In-House Complex Priority Waiver: Tolen stated that this issue came before the Board in September, and made a motion that Godwin was under the 1995 Guidelines until the 1996 Guidelines became effective on September 23, 1996, Godwin is now able to put in a bid on a one-bedroom unit at Lone Pine and would like an in-complex priority, She has owned her unit for only four months, and the minimum amount of time to get the in-complex priority is one year. Tolen stated that Godwin has established a level of residency at Lone Pine, she has made improvements to her unit. There are two complications with Godwin's request. The Guidelines do not allow for a Special Review on this issue. Also, there is another Lone F:'ine owner who has owned his unit for at least seven years that believes the 1996 Guidelines should apply. The one-year requirement could be addressed and recommended to be amended in the Guidelines. Krizmanich asked if a year was too long and is an amendment being asked for just to fit this situation. Tolen stated that he feels that Godwin has established residency and that a year is too long, Curtis agreed, and would feel comfortable amending to 30 or 60 days, This is a procedural question as to the amendment of the Guidelines. If the Guidelines are amended, would have to make a determination that Godwin is caught in this transition. APCHA MINUTES November 20, 1996 2 / V Kasabach stated that a Special Review should be allowed on everything and that the Guidelines should be amended to allow for a Special Review with regards to in- complex priorities. Peters stated that we should be looking for a length of time that gives benefit to a project resident, tenure and commitment to a project. The length of time should be as little as reasonably possible. We could reduce the commitment period to six months and allow for Special Review. Kasabach stated that if Special Review allows for a floodgate of requests, then relook at that issue. Any amendments to the Guidelines must be adopted by the City Council and the Board of County Commissioners, Peters made a motion to amend the Guidelines to have the residency requirement to obtain the in-complex priority subject to Special Review and change the amount of ownership time from one year to six months. Kasabach seconded the motion. This amendment should be scheduled for adoption by the City Council and BOCC as soon as. possible. Godwin asked if the Guidelines cannot be amended until the BOCC and City Council adopt them, Tolen stated that staff will begin the amendment process immediately and to include Godwin during this process. - Peters stated that the intent was to allow this situation to go through Special Review, Peters stated that the Housing Board created this situation and we can go to whatever lengths to resolve it. This will not resolve all conflicts. Peters suggested a formal letter from Tom Smith, legal counsel, as to the appropriate way to proceed. Helmus also asked Tom Smith to address the implications if the City and County do not approve the Guideline amendment. Richards stated that she will abstain from voting as she will see it again at city Council. ROLL CALL VOTE: Peters, Helmus, Curtis and Kasabach voted yes; Krizmanich voted no; Richards abstained. Motion passed. Kasabach asked that the issue regarding Special Review be discussed during the next Guideline review. Richards left the meeting for a City Council related meeting, B. Holly Reed Request for Waiver of 2% Sales Fee to 1% Sales Fee: Tolen gave the Board the background on this issue. The City and County assisted in the purchase of the cost of land at $900,000 and an additional $150,000 for roof repairs. The owners were asked to execute new deed restrictions to conform to . APCHA MINUTES November 20, 1996 3 .~g~S~ .._...~ ..: :~_:~:'.-~~,{:~:':::'..'-' - . ASPEN/PITKIN COUNTY AMENDED 1996 AFFORDABLE HOUSING GUIDELINES Effective March 24, 1997 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 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 Uoint or tenants in common) in the affordable housing unit. S, Person(s) chosen by the remaining owner(s) to purchase the interest of another owner. Any fractional sales must be approved by Special Review if not under a court order due to dissolution procedures. C, Spouses and/or children of current owners, including joint custody of the children, D, Persons living in and owning another unit within the complex who meet minimum occupancy standards, A person must have owned his in-complex unit for at least six months one ye:Jr prior to receiving the in- complex priority. On an in-complex move, a unit must open up to bid to other qualified persons before receiving the in-complex priority, If someone has owned there unit for less than six months and would like to receive an in-complex priority, they may request a Special Review, E. Persons with four or more 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 183 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 183 days out of any 12-month periOd). 2, With minimum occupancy, 1996 Aspen/Pitkin County Housing Guidelines Page 10 of 29