HomeMy WebLinkAboutagenda.council.regular.20060327
CITY COUNCIL AGENDA
March 27, 2006
5:00 P.M.
I. Call to Order
II. Roll Call
III. Scheduled Public Appearances
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT
on the agenda. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Mayor's Comments
b) Councilmembers' Comments
c) City Manager's Comments
d) Board Reports
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Minutes - March 13,2006
b) Resolution #17, 2006 - Opposing Weakening Air Quality Standards
c) Resolution #18,2006 - Contract for Grant Evaluation
VII. First Reading of Ordinances
a) Ordinance #10,2006 - Adopting Housing Guidelines P.H. 4/10
b) Ordinance #11,2006 - 920/930 Matchless Drive Subdivision/PUD P.H. 4/24
VIII. Public Hearings
a) Ordinance #4, 2006 - Vacation of Skier's Chalet Alley
b) Ordinance #9,2006 - 410 S. West End Street
c) Ordinance #6, 2006 - Boomerang Vacant Parcel Rezoning and Lot Split
d) Resolution #19, 2006 - Recycle Center Eligibility for COWOP (open and continue to
4/10)
IX. Action Items
X. Adjournment
Next Regular Meeting April 1 0, 2006
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
MEMORANDUM
Yr6J
TO:
Mayor and Council
FROM:
Lee Cassin
CC:
Chris Bendon
DATE OF MEMO:
March 16, 2006
MEETING DATE:
March 27, 2006
RE:
Letter and Resolution Opposing Weakened Pollution Regulations
SUMMARY: Attached are a draft resolution and letter opposing the Environmental Protection
Agency (EPA)'s proposal to weaken federal health standards for particulate pollution. The EPA
proposes to stop monitoring in areas with fewer than 100,000 people, to exempt large sources of
particulate pollution, to weaken the standards, and not to fund needed monitoring.
PREVIOUS COUNCIL ACTION: Council has not acted on this newly proposed regulation, but has
a long history of innovation and leadership in air quality. This ranges from Aspen's long history of
monitoring to the first local woodburning certification ordinance to Aspen's long-standing commitment
to mass transit to Aspen's Canary Initiative.
DISCUSSION: I think the most compelling discussion is provided by the testimony given to the EPA
by the State and Territorial Air Pollution Program Administrators and the Association of Local Air
Pollution Control Officials.
"We have three major concerns with EPA's proposal-the levels of the PM25 standards, source
and population exemptions associated with the coarse particle standard and the lack of funding for
monitoring.
First, we find it very troubling that EPA's revisions to the annual and daily PM2.5 standards are
outside the ranges recommended by CASAC-a Congressionally-chartered group of outside scientific
experts.
While CASAC recommended tightening the annual PM2.5 standard in conjunction with
lowering the daily standard, EP A totally ignored this recommendation. With respect to the annual
standard, the agency proposed no changes at all, even though CASAC told EPA it "did not endorse the
option of keeping the annual standard at its present level." Even EPA's own staff paper indicates that
more deaths from fine PM are avoided by lowering the annual average standard than by lowering the
daily standard.! With respect to the daily standard, while CASAC recommended a range of limits, it
made the upper end of the range conditional on tightening the annual standard. Regrettably, EP A has
chosen the upper limit of CASAC's recommended daily standard without the important condition of
tightening the annual standard. Unless EP A strengthens its proposal consistent with the
recommendations of CASAC, our associations are extremely concerned we will continue to see
significant increased premature mortality and adverse health effects throughout the country
Our second concern with EPA's proposal relates to the coarse PM standard. While we support
the adoption of such a standard, we believe EP A's proposal is seriously flawed in two major respects.
We are deeply troubled that the proposal exempts from control major sources contributing
significantly to coarse PM emissions, including agricultural, mining and other sources of crustal
material. Excluding these sources implies their emissions are not harmful, yet EPA does not present
any such evidence. On the contrary, it is likely that coarse particles from agriculture and mining
activities pose risks similar to urban coarse PM. These exemptions also pose insurmountable
implementation problems for state and local agencies. For example, are mining and agricultural
activities that occur in or near urban areas to be exempted from controls, even if they are the dominant
source of coarse PM emissions in the area?
We are also extremely concerned that EPA's proposed coarse PM standard has the practical
effect of ignoring the health and welfare of millions of people throughout the country living in areas
with populations less than 100,000. Exempting these areas from monitoring their air quality is an
unprecedented action and completely ignores the recommendation of CASAC. Moreover, we do not
believe the Clean Air Act makes any provision for selective protection of public health. Accordingly,
we urge EP A to rescind these exemptions from coarse PM.
Finally, while it is critical that EP A establish NAAQS that are fully protective of public health
and welfare, it is also vitally important that we have adequate monitoring networks that allow the
public to know their air is safe to breathe. Unfortunately, EPA's proposal and FY2007 budget request
ignore the important funding issues associated with deploying and operating monitoring networks for
both PM2.5 and coarse PM.
With respect to PM2.5, EP A has made no provision to increase federal funding to address the
expanded monitoring requirements for the new standard. In fact, the President's proposed budget for
FY2007 slashes fine particulate monitoring by $17 million, which will severely weaken existing
monitoring programs and likely result in significant staff cuts throughout the country. Agencies will
have serious difficulties rehiring personnel who have been laid off as a result of these budget cuts and
who would have been expected to operate these monitoring networks. We urge that the proposed
FY2007 budget cuts be restored, and that EP A provide funding in FY2008 to expand the PM2.5
monitoring program.
We are also troubled that EPA has ignored any commitment to funding the proposed coarse PM
network scheduled for deployment in FY2008. EPA has estimated that the capital costs of this
monitoring network could easily exceed $14 million, with annual operating expenses of approximately
$13 million. State and local agencies will simply not be able to assume these significant costs. We urge
EP A to provide new funding in FY2008 for the coarse PM monitoring network.
In conclusion, we strongly recommend that EPA I) follow CASAC's recommendations in
setting the PM25 air quality standards, 2) establish a coarse particle standard without exemptions, 3)
require PM monitors in rural areas and 4) commit to providing additional, not reprogrammed, funds for
PM2.5 and coarse PM monitoring."
I
EP A, "Review of the National Ambient Air Quality Standards for Particulate Matter: Policy Assessment of Scientific and
Technical Information," (December 2005), EP A-452/R-05-005a. See in particular, Table 4-17 and Appendix 4B.
ENVIRONMENTAL IMPLICATIONS: Ifmonitoring were discontinued and no particulate air
quality standard applied to Aspen, there would be no health protection for Aspen's residents and
visitors. Studies have demonstrated health effects from particulate pollution even at relatively low
levels. The proposed regulation goes against the science and the intent of the Clean Air Act. Failure to
know ifair quality is good or bad because of lack of monitoring is irresponsible on the EPA's part.
RECOMMENDATION: This is one of the most troubling proposals I have seen and staff
recommends passing this resolution, sending a letter to the EP A, and sending copies to other local
governments, the State of Colorado, and media.
AL TERNA TIVES: Council could revise the letter and or resolution or decline to send either or both.
PROPOSED MOTION: "I move to approve Resolution Number / '7 Series of2006 opposing
the EP A's proposed new particulate regulation and to direct staff to send a letter to the EP A with
copies to other interested parties."
CITY MANAGER COMMENTS: (~~~__~O- ~;:,--.AN-r...R
_ "_____O'_~~.'~_._,..___.._........'^~~_
RESOLUTION NO. J 1
Series of 2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO OPPOSING
THE WEAKENING OF AIRBORNE PARTICULATE MATTER HEALTH STANDARDS AS
PROPOSED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, AND
URGING THE ENVIRONMENTAL PROTECTION AGENCY TO MAKE CERTAIN CHANGES IN
ITS PROPOSED REGULATION TO ADEQUATELY PROTECT THE HEALTH OF RESIDENTS
AND VISITORS OF ASPEN, COLORADO
WHEREAS, a number of peer-reviewed scientific studies have shown increases in rates of
hospital admissions, illnesses, and deaths from respiratory ailments at levels of particulate air pollution
experienced several times a year in Aspen; and
WHEREAS, the Environmental Protection Agency (EP A) has ignored the recommendation of its
own Clean Air Scientific Advisory Committee (CASAC) of outside scientific experts to strengthen certain
particulate matter standards, and instead has weakened or eliminated its standards and the City Council of
the City of Aspen strongly believes that the EP A and Administration should use sound science in making
decisions about health standards; and
WHEREAS, the Clean Air Act requires that National Ambient Air Quality Standards
(NAAQS) be set at a level to protect the public health with an adequate margin of safety, and the EPA
is now proposing to effectively provide such health standards for particulate matter only for residents
of cities with more than 100,000 people and only for certain sources of pollution; and
WHEREAS, the EP A proposes the unprecedented step of exempting areas with fewer than
100,000 people from air quality monitoring for particulate pollution, so that residents of towns like
Aspen may be exposed to unhealthful levels of particulate pollution but will never know it since
monitoring will not be performed; and
WHEREAS, scientists and air quality officials have stated that there is a large concern that
there will be a significant increase in death and illness rates in the United States if the regulation is
implemented as proposed; and
WHEREAS, the EP A funds the national air monitoring network and has proposed a different
monitoring network with a $14 million capitol cost and $13 million annual operating cost, but is not
proposing to fund this monitoring, knowing that states and local governments cannot pay for and
conduct the monitoring; and
WHEREAS, growth in the West and in Colorado will bring more traffic and other pollution-
causing activities and the City of Aspen desires to know what its air quality levels are, and to ensure
protection of the health of its residents and visitors
WHEREAS, residents of the City of Aspen have taken significant steps over the years to
improve and maintain the community's air quality, including participating in the second-largest
transportation system in the state, implementation of transportation demand measures like paid
parking, street sweeping, and pedestrian bikeway systems, and
WHEREAS, the City of Aspen relies on the EP A and Colorado Department of Public Health
and Environment for technical assistance in monitoring;
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
The City Council of the City of Aspen hereby strongly urges the United States Environmental
Protection Agency to make the following changes to its proposed particulate matter regulation.
I. Apply particulate pollution health standards to all citizens, regardless of the size of community in
which they live, and in particular to apply the new regulations in full to areas with populations of
less than 100,000.
2. Follow the recommendations of its scientific advisory panel to strengthen annual fme particulate
standards.
3. Eliminate the exemption for particulate matter that comes from mining and agriculture, since the
science at this time indicates that this particulate pollution is harmful to the public health.
4. Eliminate the exemption from monitoring for areas with fewer than 100,000 residents. The Clean
Air Act does not provide for health protection only for residents of larger cities. Monitoring should
be performed in locations where previous monitoring or existence of sources indicates a likelihood
of violations.
5. Provide additional funding for both fme particulate and the new proposed coarse particulate
monitoring networks in all locations with significant probability of exceedances, including rural
areas.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the _ day of
,2006.
Helen Kalin Klanderud, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and
accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting
held
,2006.
Kathryn S. Koch, City Clerk
LEC- saved: 3/16/2006-3705-G\admin\legislation\RESOLUTION coarse pt stds mar 06.doc
March 20,2006
Docket ID No. EPA-HQ-OAR-2001-OO17
Environmental Protection Agency
Mailcode: 6102T
1200 Pennsylvania Ave, NY
Washington, DC 20460
To Whom It May Concern:
The City Council of the City of Aspen, Colorado unanimously voted to send the following letter
expressing its concerns about the proposed particulate-matter regulations, as well as its
suggestions for changes to the proposal,
The Aspen City Council is very concerned about maintaining and ensuring adequate protection of
the health of its citizens and visitors. We are aware that a number of peer-reviewed scientific
studies have shown increases in rates of hospital admissions, illnesses, and deaths from respiratory
ailments at levels of particulate air pollution experienced several times a year in Aspen.
Weare very concerned about failure to use the recommendations of the independent scientific
advisory panel (the CASAC) and unequivocally oppose a weakening of health standards that is not
based on sound science.
We are especially concerned about the exemption from monitoring for areas with fewer than
100,000 people, effectively eliminating federal particulate matter health standards for Aspen's
citizens. In addition, sources should not be exempt unless and until there is a consensus that their
emissions are harmless. In light of measures proposed by the administration to eliminate
requirements for improved emissions controls on expanded power plants and other sources, this
proposal is especially threatening to the public health.
The EP A has an obligation to fund the new monitoring networks and to monitor wherever it is
reasonable to expect that particulate pollution may exceed standards. In Colorado, if the proposed
rule had always been in effect, the state would never have known that the many ski town
nonattainment areas, or rural areas with woodsmoke and dust pollution, had unhealthy PM-IO
levels. To be unaware of health problerns because no one is looking is inappropriate. Only
Denver, Colorado Springs and Pueblo will continue to have monitors if the proposals go forward.
To fail to apply federal health standards to the rest of the state is not consistent with the Clean
Air Act.
While Aspen has taken a number of impressive steps to improve its air quality, growth in the
West and in Colorado will bring more traffic and other pollution-causing activities, and the City
of Aspen needs to know what its air quality levels are, and to protect the health of its residents
and visitors.
The Aspen City Council asks the EP A to make the following specific changes to its proposed
regulation:
1. Apply particulate pollution health standards for all citizens, regardless of the size of
community in which they live, and in particular, apply the new regulations in full to areas
with populations of less than 100,000.
2. Follow the recommendations of the scientific advisory panel to strengthen annual fine
particulate standards.
3. Eliminate the exemption for particulate matter from mining and agriculture, since the
science at this time indicates that this particulate pollution is harmfu1 to the public health.
4. Eliminate the exemption from monitoring for areas with fewer than 100,000 residents.
The Clean Air Act does not provide for health protection only for residents of larger
cities. Monitoring should be performed in locations where previous monitoring or
existence of sources indicates a likelihood of violations.
5. Provide additional funding for both fine particulate and the new proposed coarse
particulate monitoring networks in all locations, including rural areas, with significant
probability of excessive particulate pollution.
Thank you for your consideration.
Helen Kalin Klanderud, Mayor
LEe- saved: 3/20/20066-G\admin\legislation\epa particulate letter 031606.doc
1IeJ
THE CITY OF ASPEN
MEMO DUM
To: Mayor and City Council
Thru: Paul Menter, Finance Direc
From: Trevor Smith, Finance Int
Date: March 20, 2006
Meeting: March 27, 2006
Re: Grant Consulting Proposal
Summary: The attached recommendations propose the creation of a grant
application and coordination process for the City and the evaluation of funding
opportunities coordinated through an outside grant evaluator. This process provides
an opportunity for the City to assess department operations and find funding sources
that would complement current City services and priorities.
On February 15lh, the City of Aspen advertised a Request for Proposal from grant
consulting firms in conjunction with facilitating grant writing and coordination efforts
for City departments. Consultants were expected to identify areas in which current
and future City programs may qualify for federal, state/local, and foundationlprivate
grant opportunities. Upon review of applicant RFPs and final round telephone
interviews, the Finance Department has selected Braintree Solutions Consulting,
Inc., and recommends approval of Phase I of their proposal in an amount not to
exceed $22,000. RFP is available for review upon request.
Background: In October, the Finance Department proposed to City Agency Heads
working with a grant consulting firm that would be able to help the City obtain grant
funding that could be used to match a number of programs the City of Aspen already
provides. In its proposal, the Finance Department suggested that such a process
would provide an opportunity for the City to assess current department operations
and find grants that would complement current City services and priorities. As
described in the memo to Agency and Department Heads, dated October 25lh 2005
(see attachment B), a number of departments could benefit from a more aggressive
grant coordination effort.
. Page 1
In the subsequent weeks, Finance staff met with a number of departments that
expressed interest in meeting and evaluating grant opportunities. These meetings
served the purpose of evaluating areas of focus for grant funding, after which time
attachment A was created to outline City wide grant funding interests and
opportunities.
From February 15th - March 10th the City of Aspen advertised an RFP from grant
consulting firms in conjunction with facilitating grant writing and coordination efforts
for City departments. Included in the RFP was attachment C, which outlined initial
department areas of grant interest. Upon closing the RFP, the Finance Department
evaluated consultants based on related work experience with municipal govemment
agencies, proven track record of writing successful grants and the City's evaluation of
the consultant's approach and anticipated success in working with the City.
Discussion: After reviewing and evaluating submitted RFPs, the Finance
Department selected Braintree Solutions Consulting, Inc (see attachment A, Exhibit
A, Professional Service Contact). Braintree's philosophy is that a plan gets funded,
a request does not. Their RFP outlines a plan to develop a system map for each
department, which would include illustrating the relational pathways between City
departments and the surrounding community. In order to achieve this goal, Braintree
has proposed meeting with all stakeholders, inventorying services and priorities, and
establishing benchmarks and desired outcomes. Braintree Solutions outlined
creating a system map of all stakeholders, which will map potential partnerships in
the hope of leveraging additional funding. The City will certainly be the lead on a
number of grant applications; however, the City may be able to work with a number
of non-profits already funded through the City to obtain additional funding.
Financial Implications: Page 19 of Braintree Solutions' RFP (Attachment A, Exhibit
B) outlines the cost of Phase one for grant consultation services. At a maximum cost
of $22,000, this estimate includes an on site visit for a period of one week,
canvassing all interested City departments, and the creation of a system map for
each department. The Finance Department will pay for phase one of the grant
consultation services out of its carry forward savings.
Recommendation: The Finance Department recommends approval of a
Professional Service Agreement (See attachment A) with Braintree Solutions for
Phase I of their three phase grant consultation services in an amount not to exceed
$22,000 for completion of Phase I of their proposed work plan. Phase I will serve to
evaluate departmental services and priorities, and determine how they relate to
available grant opportunities.
~ CfJf~
. Page 2
RESOLUTION NO. LX
Series of 2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT FOR GRAND EVALUATION CONSULTING
SERVICES FOR THE CITY OF ASPEN, BETWEEN THE CITY OF ASPEN AND
BRAINTREE CONSULTING, INC, AND AUTHORIZING THE MAYOR OR CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Contract for consulting
services for Grant Evaluation Services, between the City of Aspen and Braintree
Consulting, Inc., a true and accurate copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that Contract for
consulting services for Grant Evaluation Services, between the City of Aspen and
Braintree Consulting, Inc, in an amount not to exceed $22,000 a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the Mayor or City
Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 27th day of March, 2006.
Helen Kalin Klanderud, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council of the
City of Aspen, Colorado, at a meeting held on the day hereinabove stated.
Kathryn S. Koch, City Clerk
Attachment A
AGREEMENT FOR PROFESSIONAL SERVICES
(Under $25 ,000 Total Compensation)
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and BRAINTREE SOLUTION CONSULTING, INC, ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
1. Scope of Work. Professional shall perform in a competent and professional
manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference
incorporated herein.
2. Completion. Professional shall commence work immediately upon receipt
of a written Notice to Proceed from the City and complete all phases of the Scope of Work as
expeditiously as is consistent with professional skill and care and the orderly progress of the Work
in a timely manner. Upon request of the City, Professional shall submit, for the City's approval, a
schedule for the performance of Professional's services which shall be adjusted as required as the
project proceeds, and which shall include allowances for periods of time required by the City's
project engineer for review and approval of submissions and for approvals of authorities having
jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause, be exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay
Professional on a time and expense basis for all work performed. The hourly rates for work
performed by Professional shall not exceed those hourly rates set forth at Exhibit "B" appended
hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional
shall not initially exceed $22,000.00. Professional shall submit, in timely fashion, invoices for work
performed. The City shall review such invoices and, if they are considered incorrect or untimely, the
City shall review the matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assignabilitv. Both parties recognize that this contract is one for
personal services and cannot be transferred, assigned, or sublet by either party without prior written
consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the
responsibilities or obligations under this agreement. Professional shall be and remain solely
responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers,
agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee
of the Professional to the extent of the subcontract. The City shall not be obligated to payor be
liable for payment of any sums due which may be due to any sub-contractor.
5. Termination. The Professional or the City may terminate this Agreement,
without specifYing the reason therefor, by giving notice, in writing, addressed to the other party,
specifYing the effective date of the termination. No fees shall be eamed after the effective date of
-
PS2-971.doc
Page 1
the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, reports or other material prepared by the Professional
pursuant to this Agreement shall become the property of the City. Notwithstanding the above,
Professional shall not be relieved of any liability to the City for damages sustained by the City by
virtue of any breach of this Agreement by the Professional, and the City may withhold any
payments to the Professional for the purposes of set -off until such time as the exact amount of
damages due the City from the Professional may be determined.
6. Covenant Against Contingent Fees. The Professional warrants that slhe has
not employed or retained any company or person, other than a bona fide employee working for the
Professional, to solicit or secure this contract, that slhe has not paid or agreed to pay any company
or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or
any other consideration contingent upon or resulting from the award or making of this contract.
7. Independent Contractor Status. It is expressly acknowledged and understood
by the parties that nothing contained in this agreement shall result in, or be construed as establishing
an employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or
servant of the City. City is interested only in the results obtained under this contract. The manner
and means of conducting the work are under the sole control of Professional. None of the benefits.
provided by City to its employees including, but not limited to, workers' compensation insurance
and unemployment insurance, are available from City to the employees, agents or servants of
Professional. Professional shall be solely and entirely responsible for its acts and for the acts of
Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the
City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims,
and demands, on account of injury, loss, or damage, including without limitation claims arising
from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other
loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if
such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or
in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the
Professional, any subcontractor of the Professional, or' any officer, employee, representative, or
agent of the Professional or of any subcontractor of the Professional, or which arises out of any
workmen's compensation claim of any employee of the Professional or of any employee of any
subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to
provide defense for and defend against, any such liability, claims or demands at the sole expense of
the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
-
PS2-971.doc
Page 2
determined by the fmal judgment of a court of competent jurisdiction that such injury, loss, or
damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or
its employees, the City shall reimburse the Professional for the portion of the judgment attributable
to such act, omission, or other fault of the City, its officers, or employees.
9. Professional's Insurance. (a) Professional agrees to procure and maintain, at
its own expense, a policy or policies of insurance sufficient to insure against all liability, claims,
demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such
insurance shall be in addition to any other insurance requirements imposed by this contract or by
law. The Professional shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by
reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City. All
coverages shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-
made policy, the necessary retroactive dates and extended reporting periods shall be procured to
maintain such continuous coverage.
(i) Workmen's Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted
for the Workmen's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form property damage
(including completed operations), personal injury (including coverage for contractual and
employee acts), blanket contractual, independent contractors, products, and completed
operations. The policy shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00-
0.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles
assigned to or used in performance of the Scope of Work. The policy shall contain a
severability of interests provision. If the Professional has no owned automobiles, the
requirements of this Section shall be met by each employee of the Professional providing
services to the City under this contract.
PS2-97 1. doc
Page 3
(iv)
DOLLARS
aggregate.
Professional Liability insurance with the minimum limits of ONE MILLION
($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000)
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary insur-
ance, and any insurance carried by the City, its officers or employees, or carried by or provided
through any insurance pool of the City, shall be excess and not contributory insurance to that
provided by Professional. No additional insured endorsement to the policy required above shall
contain any exclusion for bodily injury or property damage arising from completed operations. The
Professional shall be solely responsible for any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages, condi-
tions, and minimum limits are in full force and effect, and shall be reviewed and approved by the
City prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies shall
not be canceled, terminated or materially changed until at least thirty (30) days prior written notice
has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract
upon which City may immediately terminate this contract, or at its discretion City may procure or
renew any such policy or any extended reporting period thereto and may pay any and all premiums
in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon .
demand, or City may offset the cost of the premiums against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00
per person and $600,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
10. City's Insurance. The parties hereto understand that the City is a member of
the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the
CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of
Aspen Finance Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
-
PS2-971.doc
Page 4
11. Completeness of Agreement. It is expressly agreed that this agreement
contains the entire undertaking of the parties relevant to the subject matter thereof and there are no
verbal or written representations, agreements, warranties or promises pertaining to the project matter
thereof not expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered to
the respective persons and/or addresses listed below or mailed by certified mail return receipt
requested, to:
City:
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Professional:
Colin Newlin
Braintree Solution Consulting Inc.
1615 Q Street NW, Suite 203
Washington, DC 20009
13. Non-Discrimination. No discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, family responsibility, national origin, ancestry,
handicap, or religion shall be made in the employment of persons to perform services under this
contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-
98, pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof
shall not operate as a waiver of any subsequent breach of the same or any other term. No term,
covenant, or condition of this Agreement can be waived except by the written consent of the City,
and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of
any term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
15. Execution of Agreement by City. This agreement shall be binding upon all
parties hereto and their respective heirs, executors, administrators, successors, and assigns.
16.
General Terms.
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
proVISIOn.
(c) The parties acknowledge and understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution hereof
-
PS2-971.doc
Page 5
and that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This agreement shall be governed by the laws of the State of Colorado as
from time to time in effect.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date hereinafter written.
[SIGNATURES ON FOLLOWING PAGE]
-
PS2-971.doc
Page 6
ATTESTED BY:
CITY OF ASPEN, COLORADO:
By:
Title:
Date:
PROFESSIONAL:
WITNESSED BY:
By:
Title:
Date:
PS2-971.doc
Page 7
()l.I-\\~\T "1\."
:Sc:.o?€- o~ L--Jo\Z.K
BRAINTREE SOLUTION CONSULTING, INC.
RFP 2006-016
b. PROCESS AND STRATEGY FOR THE CITY OF ASPEN
The city of Aspen has requested consulting services intended to identify and leverage informal1on,
partnerships and resources to strategically position Aspen to win competitively funded awards. This
process will discover and articulate the citywide resources in Aspen and provide a tool for informing
decision-making processes; enhance lines of communication and collaboration among individuals,
agencies and the community as a whole; and enable Aspen to develop plans that will win funding.
Braintree has much experience providing grant writing services and brings to the table both
pragmatic and sophisticated methods for achieving great results. We envision several key aspects will
govern and inform our work and the outcomes achieved for the city of Aspen and its partners. TI1e
following section oudines the three phases of this project.
Phase One: (April 17'" - April 28'h)
Information Collection and Analysis
The purpose of this phase is to develop a framework from which we can create a work plan for each
department. This phase will include a comprehensive system and resource mapping process,
resulting in a product d1at illustrates the relational pathways in service delivery and function within
each agency and citywide. One goal is the establishinent of a common language for stakeholders
when discussing a departmental area of interest and developing a plan. This goal is achieved
through d,e creation of a System Map. Key components and deliverables of tlus phase include:
. Develop a standard form for interviewing participating city departn1ents and partner
agencies or organizations in the City of Aspen.
. Use the standard form to perform an initial inventory of services and priorities of
participating agencies or departments, and establish benchmarks for desired outcomes.
. Begin canvassing all service providers to profile tI,e constituents they affect and their
organization's mission, needs, services and evaluation data.
. Hold at least two meetings wid, stakeholders to solicit d,eir input on the priorities they
see for the city of Aspen, city departments and partners; and guidance they would
provide to ensure its success.
. Develop departmental System Maps illustrating the current system structure, resources
(i.e. partnerships, current funding streams, populations served, services provided) and
operations of participating departments
13
and that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This agreement shall be govemed by the laws of the State of Colorado as
from time to time in effect.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date hereinafter written.
[SIGNATURES ON FOLLOWING PAGE]
-
PS2-97 1. doc
Page 6
(')f../'h~"\
Il r'
13
- {Z.~
"Sc..H €.C\;;lt...E.
BRAINTREE SOLUTION CONSULTING, INC.
RFP 2006-016
PHASE ONE
EstimateJpro7Jided Jar phase one assume cilywide implementation and that all of the departmental areas of interest
hited in al/achment A of RFP 2006-016 and the respedi7Je departments would be included in projed work.
Phase One: Information Collection and Analysis ESTIMATED
HOURS
Develop a standard form for interviewing participating city departments and CN: 16
partner agencies or organizations in the City of Aspen.
JG:8
Use the standard form to perform an initial inventory of services and priorities CN:20
of participating agencies or departments, and establish benchmarks for desired
outcomes. JG:32
Begin canvassing all service providers to profIle the constituents they affect CN:30
and their organization's mission, needs, .services and evaluation data.
. JG:40
Hold at least two meetings with srakeholders to solicit their input on the CN:32
priorities they see for the city of Aspen, city departments and partners; and
guidance they would provide to ensure its success. JG: 10
Develop departmental System Maps illustrating the current system structure, CN:24
resources (i.e. partnerships, current funding streams, populations served,
services provided) and operations of participating departments JG: 16
Develop a report to each participating department. Report provides a CN: 16
comprehensive report of each participating department's current system and
outlines a railored approach to identifying and securing funding for targeted JG:24
priorities.
TOTAL FOR PHASE ONE eN: 138 HOURS
JG: 130 HOURS
COLIN NEWLIN TOTAL = 138 HOURS x $95 /HR = $13,110.00
JASON GOCKE TOTAL = 130 HOURS X $60/HR = $7,800.00
TRAYEL: Phase one includes a one week on-site visit by Braintree personnel. = $1,050.00
(TRAYEL ESTIMATES AIRFARE - $400,00, LODGING. $400.00 (PER WEEK), CAR RENTAL.
$250.00).
TOTAL COST PHASE ONE= $21.960.00
19
BRAINTREE SOLUTION CONSULTING, INC.
RFP 2006-016
. Provide a report to each participating deparunent. Report provides a comprehensive
report of each participating deparUnent's cunent system and outlines a tailored approach
to identifying and securing funding for targeted priorities.
* Braintree estimates that citywide implementation of phase one could be completed within one
month, assuming that the deparunental areas of interest were limited to those listed in attachment
A of RFP 2006-016. Phase one includes a one-week visit by Braintree personnel.
Phase Two $egin May 1 ''):
Grant Opportunity Research and Evaluation
Following the creation of the System Map, Braintree will begin a comprehensive grant opportunity
research campaign. This campaign consist of active research of opportunities based on agency
specific criteria established tluough the process described above and passive monitoring of grant
alert systems. Moreover Braintree will use and develop partnerships in Aspen to diversify funding
and partner opportunities, and enhance the merits of grant applications and departmental plans.
Tbroughout the course of this campaign Braintree will maintain regular and open lines of
communication with deparUnent liaisons (Our communication strategy is described below). Key
components and deliverables of phase two include:
. Establish a weekly monitoring and research plan for paruclpating deparUnents and
partners based on the deparUnental areas of interest and process described in phase one.
. Initiate communication with participating deparunents as opportunities arise.
. Deliver a monthly communique to city deparUnents and partners highlighting potential
funding opportunities and deparUnental activities with regards to securing available
funding
* Phase two includes quarterly, one-week site visits
Phase Three (Jmplemented as credible opportunities become available):
Grant Writing and Management Services
Phase three is an ongoing phase that will be implemented as need arises. The goals of this phase will
be to assemble the applicable stakeholders, develop a winning grant proposal and provide technical
assistance to ensure success and compliance once funding arrives. The key components of this
phase include:
. Organize and facilitate a meeting of stakeholder's to begin forming a plan that will serve
as the framework for the grant application.
. Prepare and submit grant proposal.
14
COPy
----
---
THE CITY OF ASPEN
Attachment B
MEMORANDUM
To:
Thru:
Agency and Department Heads
Paul Menter
Trevor Smith
October 25th, 2005
Grant Coordinator Proposal
From:
Date:
Re:
Summary: The attached recommendations propose the creation of a grant
application and coordination process for the City and the evaluation of funding
opportunities coordinated through an outside grant evaluator. This process provides
an opportunity for the City to assess current department operations and find grants
that would complement current City services and priorities. The City grant
coordination efforts would be funded from grant overhead allocations, and could
potentially benefit existing departmental budget and grant efforts.
Analysis and recommendations include:
· Schedule a two day period where department heads and key staff could meet
with Eugene Fletcher and Global Project Evaluators, Inc. to see if City
departments could benefit from the services of an outside grant evaluator.
The purpose of this meeting would be to evaluate the existing opportunities
and grant sources available for each department, compare to grant writing
efforts, and determine if such a program makes sense for that department.
. Private grant evaluators have extensive knOWledge of local, state, and federal
grant funding. Their duties include working with and writing the grants for
specific departments. Grant evaluators are only paid upon the City receiving
grants.
· City staff time dedicated to applying for and managing grants could be paid
from overhead allocations from the grants themselves. This would free up
departmental budget authority for other purposes.
. Page 1
. Attachment A provides initial suggestions for several places to start our
conversation with a grant evaluator. These initial areas of interest resulted
from a brief conversation with Eugene Fletcher of Global Project Evaluators
conceming areas in which current city funding could be matched by state and
federal grants; more opportunities may exist for additional departments.
Proposed Schedule:
. Early November- Schedule a two to three day meeting with grant evaluator
Eugene Fletcher, during which time, involved departments can evaluate
additional funding opportunities.
. November/December- Assess funding opportunities for each departm~nt.
. January- Determine if moving forward is in our best interest.
Findings and Recommendations:
Currently, it appears as though state and federal grant funding could be used to
match a number of programs the City of Aspen already provides. Eugene Fletcher
and Global Project Evaluators are available to meet interested departments on a one
time basis, at a cost of $1800 a day to be paid by the Finance Department. The
proposal suggests scheduling two to three days of meetings in early November.
During this time, the City can explore available funding for various departments for
which grant funding may be available. Subsequently, departments will need to
evaluate recommendations from the meeting and discuss the creation of a central
grant management unit.
. Page 2
Attachment C
Departmental Areas of Interest
Community Development-
. Enhancement Grants- sidewalk,
lighting, etc.
. Historical preservation
Kids First-
. Reading First Federal Grants
. No Child Left Behind
. Learning Disabilities Program
. Early Learning Opportunities Act
. Transportation opportunities for
schools
. Partnering with non-profits in
Pitkin County
Parks and Open Space-
. Green Space Federal Grants
. Global Warming Grants
. Non-Profit and Other Foundation
Grants
. Disadvantaged Youth
Transportation-
. Research and Development
Grants
. More Efficient/Non-Fossil Fuel
Transportation Grants
. Department of Energy Grants-
Possible EOTC Tie-in
. Congestion Mitigation
. Capital Improvements
. Automatic passenger counts
(improve efficiency)-
EP A/Ridership grants
Golf-
. Maintenance
. Environmentally Friendly
Procedures
. Fishing Pier- Fishing Is Fun
grants
Public Safety-
. Homeland Security Grants
. Police Officers
. Firefighters- Grants compensating
or matching volunteer hours
. Technology Funding
. Emergency Management
Systems- 3-WayNet (GPS, Land
of Site, and Landline)
Environmental Programs-
. Global Warming Grants
. Canary Initiative- Global
Warming Conference
. Water and Air Quality
. Food Safety
. Educational Programs
. Recycling (Waste Reduction)
. Disease Prevention
Recreation Department-
. Capital grants- tennis courts
(UST A), swimming pool
. Special Events, Athletic
opportunities
. Kids at Risk
. Environmental impact grants-
fertilizer, water and mowers for
public fields
. Senior programs
Wheeler Opera House- Art Grants
. Building funds
. Western Art Alliance
. Colorado State Arts council
ADA Access-
. Foundation and Federal Grants
Exist
Other Grant Opportunities
,..,-._--~.--
MEMORANDUM
4J
TO:
Mayor and Council
FROM:
Tom McCabe, Executive Director, Housing
THRU:
Ed Sadler, Assistant City Manager
DATE:
March 27, 2006
RE:
APPROVAL OF ASPEN/PITKIN COUNTY EMPLOYEE HOUSING
GUIDELINES
SUMMARY: The City Council and the Board of County Commissioners gave direction to the
Housing Office to review the AspenlPitkin County Employee Housing Guidelines (hereinafter
"Guidelines") every three years. The process was done throughout 2005 with various check-in
worksessions with Council and the BOCC.
PREVIOUS COUNCIL ACTION: The City Council and BOCC reviewed certain sections of
the Guidelines on March 15, 2005; September 6, 2005; December 6, 2005; and a final review
was held at a Joint Worksession on March 7,2006 where an informal approval was received.
DISCUSSION: The Guidelines (attached as Exhibit "B") have be,en revised under the direction
of the BOCC and City Council and a formal approval is being requested.
FINANCIAL IMPLICATIONS: There are no financial implications with the approval of the
Guidelines.
RECOMMENDATION: Housing recommends that City Council approve at 1 st Reading
Ordinance No. 10, Series 2006, An Ordinance Adopting the AspenlPitkin County Employee
Housing Guidelines Amended and Approved March 2006 for Pitkin County and the City of
AspenRecommended by the AspenlPitkin County Housing Authority (attached as Exhibit "A")
and schedule 2nd Reading and Public Hearing for April 10, 2006.
PROPOSED MOTION: "I move to approve Ordinance # No. ~ (Series 2006), An
Ordinance Adopting the Aspen/Pitkin County Employee Housing Guidelines Amended and
Approved March 2006 for Pitkin County and the City of Aspen Recommended by the
Aspen/Pitkin County Housing Authority
'v%{
Ordinance No.---1.Q.
(Series of 2006)
AN ORDINANCE ADOPTING THE ASPEN/PITKIN COUNTY
EMPLOYEE HOUSING GUIDELINES AMENDED AND APPROVED
MARCH 2006 FOR PITKIN COUNTY AND THE
CITY OF ASPEN RECOMMENDED BY THE
ASPEN/PITKIN COUNTY HOUSING AUTHORITY
WHEREAS, pursuant to the Municipal Code of the City of Aspen, as amended, the
housing income, eligibility guidelines and housing price guidelines are established by the City
Council; and
WHEREAS, pursuant to prior resolutions and ordinances of the City, the City Council
established employee housing income eligibility guidelines and housing price guidelines for
prior years; and
WHEREAS, the Employee Housing Guidelines Amended and Approved March 2006 for
Pitkin County and the City of Aspen (hereinafter "Guidelines") has been recommended by the
Board of Directors of the Aspen/Pitkin County Housing Authority, a copy of which is annexed
hereto and incorporated herein, has been submitted to City Council which Guidelines set forth
the employee housing qualification guidelines for Category 1 through 7 and RO ownership,
rental housing projects, lodge and commercial development, and development of residential
housing units; and
WHEREAS, the City Council desires to adopt said Guidelines, and by virtue of the
enactment of this Ordinance to supersede and amend all prior resolutions and ordinances of the
City pertaining to housing guidelines, but only to the extent inconsistent with the provisions of
this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Ordinance No. ~ -2006
Section I
That the City Council of the City of Aspen hereby adopts the Employee Housing
Guidelines Amended and Approved March 2006 for Pitkin County and the City of Aspen, as
recommended by the Board of Directors of the Aspen/Pitkin County Housing Authority, a cop of
which is annexed hereto and incorporated herein.
Section 2
That the regulations and Guidelines set forth and adopted herein shall supersede, to the
extent inconsistent with the provisions of this Ordinance, all prior resolutions and ordinances of the
City of Aspen; provided further that the provisions of resolutions and ordinance pertaining to
employee housing guidelines shall remain in full force and effect to the extent not inconsistent with
the regulations and guidelines adopted herein.
Section 3
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 4
Nothing in this Ordinance shall be construed to affect any right, duty or liability under any
ordinance in effect prior to the effective date of this Ordinance, and the same shall be continued
and concluded under such prior ordinances.
Section 5
A public hearing on the Ordinance shall be held on the lOth date of April 2006, in the City
Council Chambers, City Hall, Aspen, Colorado.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the day of March 2006.
Helen Kalin Klanderud
ATTEST:
Kathryn S. Koch, City Clerk
Ordinance No. r 0 -2006
2
FINALLY adopted, passed and approved this _ day of April 2006.
Helen Kalin Klanderud
ATTEST:
Kathryn S. Koch, City Clerk
Ordinance No, ~-2006
3
ASPEN/PITKIN COUNTY
EMPLOYEE HOUSING GUIDELINES
Stillwater 2005
AMENDED AND APPROVED
March 2006 for Pitkin County/City of Aspen
Aspen/Pitkin County Housing Authority
530 East Main, Lower Level
Aspen, Colorado 81611
970-910-5050/970-910-5580 Fax
www.a.flDenhousinrmffice.com
HOUSING AUTHORITY BOARD
Sheri Sanzone - Chairperson/City Appointee
Marcia Goshorn - Vice Chairperson/County Appointee
Ron Erickson - City Appointee
Kristin Sabel- County Appointee
Dan Lauer - Treasurer/Joint Alternate
Wish to thank:
THE ASPEN CITY COUNCIL
Mayor Helen Klanderud
Rachel Richards - Councilperson
Torre - Councilperson
Jack Johnson - Councilperson
Je DeVilbiss - Councilperson
And
THE BOARD OF COUNTY COMMISSIONERS
Mick Ireland - Chairperson
Dorothea Farris - Commissioner
Patti Clapper - Commissioner
Jack Hatfield - Commissioner
Michael Owsley - Commissioner
for their continued support.
TABLE OF CONTENTS
TABLE OF CONTENTS..................................................................
Pal!e
I
CREATION.............,
.
PURPOSE.................................... .
2
HOUSING BOARD POLICY STATEMENT ....................
3
PART I. EMPLOYEE HOUSING CATEGORIES
SECTION I. Category Incomes.., .......................... ............................................ ..................................................... 5
SECTION 2. Resident Occupied Units ........................... ................................"".........................................,..,",.......... 7
PART II. RENTING EMPLOYEE HOUSING
SECTION I, Qualifications to Rent Employee Housing... ........................................... .................... .................. 7
SECTION 2. Initial Qualification to Rent, .................' ............................................ ........................ 9
SECTION 3. Maintaining Eligibility for Rental of Employee Housing .............. ......................................................... I I
SECTION 4. Management of Rental Units ............................................... .................................................................... 14
SECTION 5. Rental Sign-Up Policy .................... ................ ........................ ,.............................. 14
SECTION 6. Seasonal Housing................. ............. ' ......................... .. ,................. 15
PART III. PURCHASING EMPLOYEE HOUSING
SECTION I. Qualifications to Purchase Employee Housing ............. ............................................... .,.,..................... 16
SECTION 2. Initial Qualification to Purchase ................................... ..........................................., ,.......................... 18
SECTION 3. Qualifications for Purchase of Resident Occupied Units..................................... .................... 20
SECTION 4. Maintaining Eligibility for Ownership of Employee Housing.................... ,........................................ 22
SECTION 6. Priorities for Persons Bidding to Purchase an Employee Housing Unit.. ................... ....................... 25
PART IY. LOTTERY PROCESS ...................................
31
PART Y. PROCEDURES FOR THE SALE OF A CATEGORY EMPLOYEE HOUSING UNIT
SECTION I. Listing a Unit with the Housing Office,.. ..,........................... .......................... 32
SECTION 2. Advertising the Sale: Bid Periods .......... ...................................... ...................................................... 33
SECTION 3. Fees for Listing and Sales ............................................................ .......................................................... 33
SECTION 4. Deed Restriction"............................................................... """...................................,," "................ 34
SECTION 5. Co-Ownership and Co-Signature............................................................................ ................... 34
SECTION 6. Sale or Resale of Resident Occupied Units.......... ....................................... .................................. 35
SECTION 7. Sale of Single Family Lots ............ ............................................. ..................... .................. 35
SECTION 8. Leave of Absence for Owners of Employee Housing Units... ........................... .................. 36
SECTION 9. Roommates in Sales Units.. .................. .................. ................ ................ 37
SECTION 10. Capital Improvement Policy & Minimum Standards.. ................... ...................... ' ................... 38
PART VI, SPECIAL REVIEW..................
42
PART VII. INFORMATION FOR DEVELOPMENT OF EMPLOYEE HOUSING
SECTION I. Priorities for the Employee Housing Units .................... .. ..................................... ....................... 43
SECTION 2. Employee Housing Units Required for Mitigation. ...................................... .,.,....................... 44
SECTION 3. Requirements for Employee Housing Units in Residential Subdivisions.. ............................................. 46
SECTION 4. Requirements for All Units under the Multi-Family Housing Replacement Program............................ 47
SECTION 5. Requirements for the Affordable Housing Zone District .......... ................................. 48
SECTION 6, Dedication Fee for Exempt Single-Family Home and Duplex Units ................... 51
TABLE OF CONTENTS
(continued)
SECTION 7,
SECTION 8,
SECTION 9,
SECTION 10.
SECTION II.
SECTION 12,
SECTION 13.
SECTION 14.
SECTION 15.
SECTION 16.
PART VIII.
PARTIX.
PART X.
PART XI.
I
II
III
IV
V
VI
Resident Occupied Units .. ........................... ................................. ............................ ...................
Net Minimum Livable Square Footage for Newly Deed Restricted AH Units ............................
Maximum Sales Prices for Newly Deed Restricted AH Units & Lots....................................................
Maximum Monthly Rental Rates for Newly Deed Restricted AH Units........ ....................... ................
Requirements for Dormitory/Lodge (Seasonal Units) ....................... ...................... ..............................
Employee Housing Dedication Fee (Payment-in-Lieu Fee) ............ ..........................
Conveyance of Vacant Lots ........................ ................................ ................ .......................................
Deed Restricting Existing Dwelling Units ............ .............................. .................................
Execution of Deed Restrictions by Applicants............. ................... .................................
Maximum Vacancy ................ ..................................................... ................ ........................... ...............
MAXIMUM ANNUAL RENT INCREASE FOR EXISTING RENTAL UNITS.........
GRIEVANCE PROCEDURES.............................
DEFINITIONS...............
APPENDIX
A. Maximum Household Incomes and Assets per Category......... ................................. .............................
B. Chart of Principal Ownership Projects. .......................... ............................ ......................
C. Chart of Principal Rental Projects and Requirements .................. ............... ...............................
D. Listing of Principal Rental Projects and Property Managers................ .......................
TABLES
Maximum Incomes by Category................ ........................ .................................. ......................
Minimum Net Livable Sq. Ft. for Each Unit Type and Income Category .................. ......................
Maximum Unit Sales Prices........................ ...................................... ..................
Maximum Monthly Rent .................. .................................................................
Occupancy Standards by Unit Type ........................................................... ...................... ......................
Pennitted Increase in Maximum Rents for Existing Employee Housing Units.......................................
PalZe
51
52
54
55
56
57
58
59
60
61
62
63
64
70
71
74
77
6
53
54
55
58
62
CREATION
The Housing program was created in 1974. There were two separate entities at that time-
the City and County. In 1981/1982, a citizen panel was formed and combined both entities
into one City and County entity, creating the Aspen/Pitkin County Housing Office. The entity
became the Aspen/Pitkin County Housing Authority in November of 1988 so that the entity
could do the following:
. incur debt
. borrow money
. secure mortgages
. obtain grants, gifts or otherwise
. obtain funds for implementing, completing and operating housing projects
. condemnation
There were two new legislations that passed in 2001 relating to Housing Authorities --
House Bill 1172 and House Bill 1174. Both Bills expanded the duties of Housing
Authorities. The City of Aspen, Pitkin County and the Community support the Aspen/Pitkin
County Housing Authority. There are two main funding sources for the housing program --
a Real Estate Transfer Tax (RETT) and a portion of a sales tax. The RETT is a 1% transfer
tax on the sales price of all real estate sold within the City of Aspen only and does not apply
to the first $100,000 of each sale. The RETT alone raises over $3 million per year for the
employee housing program and was extended for a third time in 2001 for an additional 20
years -- December 31, 2024.
The Authority was established for the purpose of effecting the planning, financing,
acquisition, construction, reconstruction or repair, maintenance, management and operation
of housing projects pursuant to a multi-jurisdictional plan to provide residential facilities
and dwelling accommodations at rental or sale prices within the means of persons of low,
moderate and middle income who are permanent residents and persons employed in the City
and County.
Housing authorities are created by Section 29-1-204.5, Colo. Revised Statutes. The Housing
Board consists of a five-member (with an additional alternate) Board of Directors that help
to make policy. Until November of 1992, the Authority dealt with three separate accounting
firms. Currently, all money transactions are handled through the City of Aspen with support
by Pitkin County.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 1 of 72
PURPOSE
"To assure the existence of a supply of desirable housing for persons currently employed
in Pitkin County, persons who were employed in Pitkin County prior to retirement, the
disfHJledhandicaDDed. and other qualified persons of Pitkin County as defined herein. "
- AspenlPitkin County Housing Authority's Goal -
(Originally Adopted 1983)
Each year the AspenlPitkin County Housing Authority (hereinafter the Housing Office) establishes
Guidelines that govern the development of, admission to and occupancy of deed restricted
employee-housing units for Aspen and Pitkin County. The guidelines support the Housing Office's
goals and are not intended to supersede City or County Land Use Codes or the Uniform Building
Code.
The Employee Housing Guidelines respond to housing needs in Aspen and Pitkin County as
identified by the Housing Office. The guidelines are used to:
. Review land use applications
· Establish employee rental rates
. Establish employee sales prices
. Establish criteria for qualifications and occupancy
· Develop and prioritize current and long range housing programs
· Provide information and a process for developing employee housing
It is the intent ofthe Housing Program to provide housing opportunities for persons who are or have
been actively employed or self-employed in Pitkin County, which provide goods and services to
individuals, businesses or institutional operations in Pitkin County.
These Employee Housing Guidelines shall remain
in effect until such time as the Housing Board, the
City Council and the Board of County
Commissioners approve new or amended
Guidelines.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 2 of 72
HOUSING BOARD POLICY STATEMENTS
The purpose of this section is to assist the staff, development community and public in understanding the
Housing Board's philosophies regarding various aspects of the program. These Policy Statements will be
reviewed and revised by the Housing Board on an annual basis.
EMPLOYEE HOUSING
As the purpose states on page 2. the existence of the housing program is to provide housing opportunities
for persons who are or have been activelv emploved or self-emploved in Pitkin County and Aspen. and
which provide goods and services to individuals. businesses or institutional operations in Pitkin Countv.
All deed-restricted housing. of anv tvoe or Category, requires an individual to:
. Work full-time in Pitkin County (due to the nature of the seasonality of the town. full-time
is defined as working 1500 hours per calendar year); and
. Not own anv other developed property within the Roaring Fork drainage system.
There are other specific criteria for the category units and for the RO units, and these are spelled out
within this document. Most relate to maximum household income and maximum assets for the specific
category unit and/or the specific RO unit.
Mitigating Employee Housing Impacts
The Housing Board has prioritized the following options in order of preference depending on the site
location:
I. On-Site Housing - that the location of a deed restricted property used for construction or
redevelopment of a property for mitigation purposes be either next to or attached to the
development.
2. Off-Site Housing - that the location of a deed restricted property used for construction or
redevelopment of a property for mitigation purposes be at a separate location approved by the
Housing Office.
3. Cash-In-Lieu or Land-in-Lieu - that the applicant for a development may, under certain
conditions and subject to certain requirements, satisfY the mitigation requirement by payment of
an employee housing dedication fee or a donation of land. The preference of cash or land shall
be determined on a case-by-case basis.
Development and Construction of Employee Housing
The Housing Board has prioritized the following options in order of preference regarding the types of
units to construct:
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 3 of 72
The private sector priorities for development should be as follows:
I. For-sale type units whereby the average sales price is no higher than Category 3 and the units
consist of one-bedroom and two-bedroom units, with associated RO units
2. Family-oriented sales units (Categories 3 and 4)
The public sector priorities for development should be as follows:
I. Entry-level rental units consisting of I-bedroom Categories I and 2
2. For-sale units consisting of Categories 2 and 3 I-bedroom and 2-bedrooms
3. Family-oriented sales units consisting of Categories 3 and 4
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 4 of 72
PART L
EMPLOYEE HOUSING CATEGORIES
The Housing Office's goal is to establish and implement a plan to provide housing within the co=unity.
Rental rates and sales prices are established which are provided to employees and families of low (Category
I), moderate (Categories 2 and 3) middle (Category 4) and upper middle (Categories 5, 6, 7 and RO) income
levels as related to housing costs in Aspen and Pitkin County. In order to carry out this objective,
employee-housing units are categorized to reflect which income levels they are to service as set forth in
Sections 1 and 2 below.
SECTION 1
CATEGORY INCOMES
Prior to 1990, income categories were designated as low, moderate or middle income in accordance with the
applicable Guidelines at that time. In 1990, APCHA redefined the terms and established four income
categories in an effort to create a greater variety of units to serve the co=unity's income levels., along with
Resident Occupied (RO). The four income categories were equated to the past income categories and
adjusted annually using the Consumer Price Index (CPl). In 2003, Categories 5, 6 and 7 were added.
Current income amounts were derived from 1999 data collected by the APCHA including: 1999 Housing
Survey of Pitkin County Employees; Colorado Department of Labor and Employment reports; Colorado
Department of Employment and Wages reports; U.S. Census Bureau: Flow of Funds Accounts Report and
Annual Expenditures Per Child Report; and Housing and Urban Development Data Sets, and increased by
3% or the Consumer Price Index (as defined in the Definition section).
The survey of Pitkin County employees determined that the median household income for households with
zero and one dependent was $60,000.
Category 1 low-income level
Category 3 upper moderate-income level
Category 5, 6, 7 and RO upper middle income level
Category 2 lower moderate-income level
Category 4 middle-income level
The maximum gross household income (defmed in the Definitions) for each income category is set forth in
Table!.
If net assets exceed the Category 4 net asset limit for any household with a Category 1, 2 or 3 income,
prior to construction of Categ8FY is, Ii Rail 7 BRitS the tlrst Dhase of Burlinl!ame Ranch, the following
method will be used to calculate income: Each $45,000 of excess assets over $175,000 (the Category 4
asset limit) will be converted to $4,152 of income and added to the Gross Household Income. This is
the amount necessary to purchase $346 per month of mortgage at an 8.5% interest rate over 30 years.
However, should a household's net assets exceed $900,000, that household will be ineligible for deed-
restricted housing. TIDS METHODOLOGY ONLY ALLOWS FOR A HOUSEHOLD TO MOVE
INTO CATEGORY 4 ONLY.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 5 of 72
TABLE I
MAXIMUM INCOMES BY CATEGORY
Maximum rental incomes are different than maximum sales incomes. Due to the nature of the working
adult in Pitkin County and the wages that are required to maintain a consistent employee base, the Housing
Office and Board have recognized the need for a higher allowable income adjusted by the number of adults
and the bedroom mix. Maximum sales incomes are not attributed to the number of bedrooms, but will
remain the same per household, with an adjustment to dependents only.
No. Of Adults
Maximum Incomes for RENTAL Units Only
(See Income Verification, Part II, Section 2, No.1)
Cate ory 1 Cate ory 2 Cate 0 3
One Adult
Two Adults
Three Adults
Net Assets not in Excess of
$30,000
44,000
52,000
100,000
$47,000
70,000
82,000
125,000
$76,000
114,000
133,000
150,000
Maximum Incomes for SALES/OWNERSIllP Units Only
(See Income Verification, Part ill, Section 2, No.1)
Cate 0 1 Cate 0 2 Cate 0 3
$30,000 $47,000 $76,000
37,500 54,500 83,500
45,000 62,000 91,000
52,500 69,500 98,500
100,000 125,000 150,000
No.OfD endents
o Dependents
1 Dependent
2 Dependents
3 or More Dependents
Net Assets Not in Excess of
Cate 0 4
$123,000
184,000
214,000
175,000
Cate 0 4
$123,000
130,500
138,000
145,500
175,000
Maximum Incomes for SALES/OWNERSIDP Units Only
(See Income Verification, Part ill, Section 2, No.1)
No. of Dependents Category 5 Category 6 Category 7 Category RO
o Dependents $132,000 $145,000 $159,000 N/A
1 Dependent 139,500 152,500 166,500 N/A
2 Dependents 147,000 160,000 174,000 N/A
3 or More Dependents 154,500 167,500 181,500 N/A
Net Assets Not in Excess of 200,000 225,000 250,000 $900,000
NOTE: A household can qualify to purchase a unit in a higher category.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 6 of 72
SECTION 2
RESIDENT OCCUPIED UNITS
In addition to the income categories for employee housing units set forth in Table I above, employee
housing units may also be designated "Resident Occupied" (RO) units. Persons shall occupy RO units who
qualify as stated in Part Ill, Section 1 and 3, Qualifications for Purchase of Resident Occupied Units.
Resident Occupied units with deed restrictions recorded prior to the establishment of the RO Guidelines are
subject to their individual deed restrictions. Information on Resident Occupied Units is also found in Part
V, Section 6, Sale or Resale of Resident Occupied Units; and Part VII, Section 7, Resident Occupied
Units.
PART IL
RENTING EMPLOYEE HOUSING
SECTION 1
QUALIFICATIONS TO RENT EMPLOYEE HOUSING
To qualify, be eligible, and remain eligible to rent and reside in a long-term employee-housing unit
(Category 1, 2, 3, 4, 5, 6, 7, RO, or long-term at Marolt & Truscott), a personlhousehold must meet the
following criteria and must not be over the maximum income and net assets as stipulated in the table below:
No. Of Adults
Maximum Incomes for RENTAL Units Only
(See Income Verification, Part n, Section 2, No. I)
Cate 0 1 Cate 0 2 Cate 0 3
Cate 0 4
One Adult
Two Adults
Three Adults
Net Assets not in Excess of
$30,000
44,000
52,000
100,000
$47,000
70,000
82,000
125,000
$76,000
114,000
133,000
150,000
$123,000
184,000
214,000
175,000
1. Be a full-time employee working in Pitkin County for an employer whose business address is
located within Aspen or Pitkin County, whose business employs employees within Pitkin County,
whose business license is in Aspen or Pitkin County, and/or the business taxes are paid in Aspen or
Pitkin County (if an employer is not physically based in Pitkin County, an employee must be able to
verify that they physically work in Pitkin County a minimum of 1500 hours per calendar year for
individuals, businesses or institutional operations located in Pitkin County); or a retired person who
has been a full-time employee in Pitkin County a minimum of four years immediately prior to his or
her retirement (as further defined in the Definition section); or a aisaeleElhandicapped person
residing in Pitkin County who has been a full-time employee for a Pitkin County employer a
minimum of twefour years immediately prior to their disability as defined in these Guidelines; or in
the event of the qualified employee's death, the spouse of any such employee, retired person, or
aisaeleElhandicapped person; and/or a dependent living with that qualified employee, retired person
or ElisaeleElhandicapped person. In a two-person household of two adults only (no dependents as
defined in the Guidelines), both adults must be working in Pitkin County to qualify for an additional
bedroom.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 7 of 72
2. Upon rental of the unit, employee(s) shall occupy the unit as the primary residence.
3. The tenant must not own developed residential real estate or a mobile home in those portions of
Eagle, Garfield, Gunnison or Pitkin Counties, which are part of the Roaring Fork River drainage.
4. If vacant land is owned in the portions of these counties, which are part of the Roaring
Fork River drainage, while leasing an employee-housing unit, the land must remain
unimproved. If the land is improved with a residence, the individual must then relinquish
the employee-housing unit by vacating the rental unit. Upon approval of a buildine permit,
such owner shall have three-vears to build on such free-market lot, If the residential lot (whether
free-market or deed-restricted) remains undeveloped after the three-vear time frame. the owner must
sell the lot within 180 davs or list the deed-restricted unit accordine to their deed-restriction. NOTE:
Persons owninll imoroved residentUd orooertv. residinll in emolovee housinll omr to Mav 1. 1994. will be
allowed to retain ownershio of that residentUzl orooertv and still be elirrible to reside in emolovee housinll.
However. once the residential DTODertv is sold. the Derson residinrt in emlJlovee hOUSinfl mav not aCQuire
additional residentUzl orooertv and remain elirrible to reside in emowvee housinll.
5. The tenant must have total current household income and assets no greater than the maximum
amount specified for the particular Category I, 2, 3, 4, 5, 6, 7 or RO unit. Any renter who has
assigned, conveyed, transferred or otherwise disposed of property within the last two years
without fair consideration in order to meet the net asset limitations shall be ineligible. Maximum
net asset limits for households, which consist of at least one citizen of retirement aee, are 150% of
the applicable income cateeorv.
6. If the Tenant's residency began prior to ownership by the City, County or Housing Office as a result
of a "Buy down" situation, and the Tenant's residency has been continuous since that time, the
Tenant must qualify only as a full-time employee. The Tenant does not have to qualify under the
Income or Asset provisions. The Tenant will be required to pay rent commensurate with his or her
household income regardless of the price category of the unit.
7. If a Tenant or potential Tenant is under review for a non-compliance issue, the Tenant or potential
Tenant will not be approved and/or his or her lease will not be renewed until the non-compliance
issue is satisfied.
8. BmeFgeasy 9".!SrlEefS reeeive pFisFit)' fer reatalmrits. They HUist v-erify thew eSBt.iBtlea sen'iee (see
DefinitieBs), to }hat ageaey fer their lease t8 Be feHfJ".vea. This reqUH'SRleat eUfH:eS after two years
of resiEieBey/serviee. See Part II, SeetisR &, EBleFgeBey 'V8Fl~F, t8 see if ye\:l are eligible for Em
emefgllBo)' wsrker flFieFity ftBd tile flrilsess that Beeels ts 8e felle'.veEl.An emereencv worker mav be
placed on the top of the rental si2I1-uP list if approved as a aua1ified Emereencv Worker throul!h the
Public Safetv Council Committee review and as defined under the Def'mitions section herein. The
individual's supervisor must reauest the Priority. in writine. to the Public Safety Council Housine
Subcommittee. This Subcommittee will consist of members from anv emereencv worker
department, and a member of the Public Relations Board (PRB). It is the responsibilitv of the
supervisor to prove to the Public Safety Council that the emplovee is a reauired response priority.
The member of the PRB will not vote, but will comment on whether the individual should be
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 8 of 72
allowed the prioritv. If the Public Safety Council Housing Subcommittee approves the individual
for Priority status. written verification must be provided to the Housing Office. At such time. the
Housing Office will place the individual at the top of the rental sil!I1-uP list for Citv-owned projects.
Thev must verify their continued service (see DefInitions) to that agencv for their lease to be
renewed. This requirement expires after two vears of residencv/service.
9. Roommates are permitted under the Guidelines. Individuals residing in two or three bedroom units
must. at all times. have the unit filled with qualified tenants. In case of a vacancv, the remaining
tenant(s) is/are responsible to find a new roommate within fortv-five (45 davs). All residents must
be qualified through the Housing Office prior to occupancv.
10. The Minimum Occupancv Requirement of one qualified individual per bedroom must be met:
however. if the Prooertv manager of a rental unit has advertised a vacant unit for over one month.
minimum occupancv requirements can be waived. At such time the rental unit becomes vacant. the
property manager must again try and meet the minimum occupancv requirement. The Housing:
Office mav do random audits and investigate complaints or reports of non-compliance on an
ongoing basis.
II. All qualification items stated above are verified every two vears bv the Housing Office staff unless
the propertv has a vearlv requirement.
SECTION 2
INITIAL QUALIFICATION TO RENT
In order to determine that a person or household desiring to rent an employee housing unit meets all of
the criteria set forth in Section I above, PRIOR to occupancy, the Housing Office must review and have
on file specific documentation which provides proof of: residency, employment, income and assets. The
Housing Office may request any or all of the following documentation. (All information and
documentation received will remain confidential.)
I. Income Verification:
a. Copy of the previous year's (must current) Federal Income Tax return.
b. Current income and financial statement verified by the applicant to be true and correct.
If there is a variance of more than or less than 20% between current income and income
reported on the previous year's tax returns, the incomes will be averaged. This will
establish the income category.
c.f'i'plisatlts may, ,,!wn r8E1"sst, haye the aptian ta have thair grsss incam8 ayeragea s'/or a
tlH'ee year peFiea [-or EtHalifieatisa.
the. Social Security report of employer(s) and location(s).
If the above information is not available, the applicant must provide other documentation as
requested by the Housing Office.
2. Emplovment Verification:
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 9 of 72
a. All W.2 forms from the current or previous year (a potential tenant who has signed up
on for a specific unit must provide documentation of employment for the full term
that was specified on the Sign-Up sheet).
b. Wage stubs (ifW-2's are not available).
c. Employer(s) name, address, telephone and dates of employment.
d. Housing Office "Employment Verification Form" [signed by employer(s)].
e. Evidence of legal residency.
f. Landlord verification of residency, stating specific dates.
g. Valid Colorado Driver License.
h. Valid Pitkin County Voter Registration.
1. Verification of telephone service in Pitkin County.
J. Divorce Decree or Separation Agreement, including alimony and child support. A copy
must indicate that it has been entered in the record with all exhibits and supplements
attached.
k. A picture LD. (driver's license. state issued ID card. passport. etc.) is required.
If the above information is not available, the applicant must provide other documentation as
requested by the Housing Office.
3. When someone is self-employed and works too few or no hours for an employer, then the
number of hours worked in Pitkin County must be clearly documented by providing:
a. A complete copy of the applicant's most recent tax returns, including Federal tax retums,
Schedule C (profit and loss statement) and all other completed schedules, and State tax
returns and copies of most recent W2's and or 1099's for each job (if applicant received
W2's and/or 1099's).
b. Copies of any paycheck stubs received by the employee or an up-to-date profit and loss
statement.
c. A copy of a current business license.
d. The following documentation must be provided if a, band c above does not verify the
employment requirement and the residency requirement.
1) A copy of a current detailed work log or appointment book for the last year (or at least
the last quarter) listing hours worked each day for each job or appointment and clients'
names and local addresses. Time spent in marketing, accounting and other administrative
tasks in support of the business will also count towards the 1,500 hours per year
employment requirement if the applicant can clearly demonstrate to the Housing Office
that this is the case.
2) Copies of invoices sent to clients, particularly if the invoices reflect the amount of time
spent on the job invoiced (and copies of payment for invoiced work);
3) A Client List, which would provide client names with local telephone numbers and local
addresses, type of work done, and approximate time spent with client per appointments
in a year.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 10 of 72
4) Any additional documentation the Housing Office may require to verify the applicant is
employed in Pitkin County and occupying the unit as their primary residence, such as
business and personal banking records, utility bills, payments received, etc.
It is the responsibility of the applicant to clearly demonstrate that he/she is meeting the full-time
employment and residency criteria. If the household does not specifically fall under the current
policy, the household may request a Hearing before the Housing Board for review.
Due to the need for an employer to house their employees on-site, for rental units owned by employers, if
the deed-restricted housing is located on-site of the business, the employer may choose the tenant. If the
income and/or assets are greater than the maximum allowed for that specific unit, that employee's
income and/or assets shall be waived. All other qualifications must be adhered to.
Note: Applicants for Employee Housing will verify on the application that all information provided
is true and accurate. If any of the information is determined to be inaccurate or non-verifiable, the
applicant may be subject to disqualification by the Housing Office from the application and/or
approval process.
SECTION 3
REQU/'.LIFICATIONMAINTAINING ELIGIBILITY FOR RENTAL OF EMPLOYEE
HOUSING
The status of Renters/Tenants of Employee Housing Units shall be reviewed and verified every two years
to ensure that they continue to meet the requirements of the Guidelines, including but not limited to:
Minimum Occupancy, Income and Asset Requirements, and Employment. The Housing Office shall
notify the Landlord to provide the Tenant written notice of the requalification at least thirtv (30) davs
prior to the expiration of the two vears. The Housing Office Rental Approval form should accompanv
this notice. The Landlord shall disclose in the lease that the tenants must requalify every two vears.
Housing Office Responsibilities:
1. The Heasing OrtiS€! shall 8aaea?er t8 8atlSe the LandlerEl t8 flrs7/iee the Teaaat v/rittea Betiee ef
the refttiiremeat fer reqtlaliFieatieB at least thirty (39) daya fJrier t8 the eJ~13iFatieR sf the t.;;e
~If a complaint is received. it is forwarded to the Oualification Specialist. who researches
the complaint. If staff finds grounds to move forward, the first compliance letter will be mailed
within 30 calendar davs of receipt of the complaint. The bi-annual requalification request will be
treated as a compliance letter.
2. The lIeHsing Offiee will llrevide ta !he TennBt a sellY af the Ramal F<flllreval fefIB with
inDtrustiaHs.If the client does not respond within two weeks to the initial compliance letter. a
second compliance letter will be sent. The first and second compliance letters will be sent bv
regular mail.
3. If the client does not respond to the second compliance letter within two weeks, and/or if the
compliance situation is not fullv resolved within 60 calendar davs from the date of the first letter.
a Notice of Violation (NOV) letter will be sent to the landlord. The NOV will provide the
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 110172
landlord an option if thev wish to dispute the violation bv reQuestinl! a Housinl! Board Grievance
Hearinl! in writinl! within 15 calendar davs from the date of the NOV letter. The NOV letter will
be sent bv rel!Ular and certified mail. APCHA will also notify the APCHA Board when a NOV
letter is sent. For Board update PUfDoses. the landlord situation will be referred to bv a case
number onlv, with no mention of client name or address. and will brieflv outline the case.
;,A. If the landlord does not respond or does not request a Board hearinl!. of the landlord does not
request a Board hearinl! within the specified deadline. APCHA will send a final letter to the
landlord. For ownership units. the final letter will state the client has 30 davs to list their unit
with the Housinl! Office and that their appreciation has stopped. For rental units. the client will
be notified their lease will terminate bv a date al!feed upon bv the Housinl! Office and the
Propertv Manal!er (end of lease term or the Propertv Manal!er mav choose to pursue lel!al
eviction). The final letter will be sent bv rel!Ular and certified mail.
5. Should a tenant or owner be receivinl! unemplovment benefits, the tenant or owner must still
meet the 1500-hour per calendar vear work requirement.
Landlord ResDOnsibilities:
1. The Landlord shall provide disclosure in the lease that tenants must be qualified every two years
and must reapply in the second year.
2. The Landlord shall provide the Tenant written notice of the requirement for requalification at
least thirty (30) days prior to the expiration of the two years. The Housing Office Rental
Approval form should accompany this notice.
3. Provide the Housing Office a copy of the lease signed by both parties, prior to Tenant occupancy.
Tenant Responsibilities:
1. Tenant Reflters must meet all of the Initial Qualifications stated previously in Section 1. Should
a tenant not meet the income/asset reQuir=ents of the catel!orv unit. the tenant shall have one
vear to come into compliance or fmd another place to live. A tenant who has entered into the
biddinl! process to purchase a deed-restriction unit and is lookinl! for other rental opportunities
has one additional vear to reside in the unit. However, the rent shall be increased to the catel!orv
that matches the tenant's income.
2. Once a tenant receives a letter from the Housinl! Office. the tenant must provide the completed
form and/or anv additional documentation requested bv the deadline stated in the letter. If.the
TeBaBt Bees Bet reeeive the L8:flslefs's ootiee af the R-eetal hl313Fs.,'al fuRB, the TeBaBt ml:lst
caBtaot the Haunmg Office by lelllflftane, 929 S9SG, ar in person.
3. If a tenant wishes to dispute a NOV. the tenant must submit a written request for a Board
Grievance Hearinl! within the deadline stated in the tenant's NOV letter.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06f
Page 12 of 72
4. Once a tenant receives a final letter, the tenant will be notified their lease will terminate bv a date
agreed upon between the Housing Office and the designated Propertv Manager.
5. If the client does not respond bv the final deadline, legal counsel will follow-up with appropriate
legal action.
~. The Tenant must pay a m Requalification Fee, as stated in the Fee Scheduled adopted on a
vearlv basis. when the documentation is filed with the Housing Office.
SECTION 4
RENTf.L COMPLIJ.NCE
1..'\11 EjtIalifieatieR items frem SeetieR I, I 8, are verifiea e'/er)' twe yeaFG BY \he HEllIsing amee staff.
2.Reemmates are f)6fHlittea lUHier the GaiaeliRes. Inai..~a\:lals Fesiaing in t.;;8 or tm-ee becireoffi Wlits
IlRist, at all times, ha-.:e the lffiit filles 7.'ith fl1.ialified tenants. ill ease sf a vaeaney, the r~HlaiRiHg
teBaftt(s) is/aFe FeSfJ011Siele 1a fiRa a Be?,": rssFflHlate .,y:ithia ferty five (45) Saj's. ~\ll resiaeBts
must be E}Halif1ed thrsl::lgk the HSl:lsing ortiSt:! 13riar ta eeSl:lf'aney.
3.The 1finim\tlR OS61:if)aney ReEtl:liremeftt sf aRe qualifies indiYi9Hal13er eeEkeom Hfl::lst ee met.
4. The Reusing Gnise may as FaIiaem atldits aRa i&vestigate 6offi131affi.t:s or repeFts sf ROB e8Hlf1lianee en
an eageiag basis.
SECTION S
RENT.\L OF f~"l OWNERSHIP UNIT
f. wit may, \IlleR llflpreval ef \he HeuGiag affiee, Be r<!Rtea te a EjtIalifiea ffiEliviElwll, ffi aeeerElanee with \he
G\liElelincs fer a ffi""imlm; periea ef "''Ie (2) years.
T6fffis ana CeRaitiefls:
l.Netioe ef Stleh inteat ana the aeility te eemmeRt shall Be preyidea Ie any applicaele heffieswner's
asseeiatiea at the time af TI:!flHest 18 ilia H01.:lsiag Offiee.
2'L^..letter FfH:lst 138 seat 10 the H01:lsiag Offiee FeEtH8Sting psnaissi0R t8 reat the l::Hl:it.
3.f.1IlffiimwB sill (6) ffieRth '",filtea lease "'lis( Be previae a Ie the teaaat, with a fOri)' [Pie (15) EIaj' ffieve
el:lt elallse, eneept fur BaR 13Fofh 81fi131eyee/fasalty te:aants, \~/here a three msft1:H lease af a menta ta
:m.0:a-tJ.:i lease shall ea a1l8'.~:ea. /'. three ftlOmH r-ental must Be appf8....ea as a Lea,vel sf ~\-8SeRee l:tllder
Part 'l, Seeti0Il 2,
1.The Housing affiee IffiISt EjtIalifj' all tenants, ana shall "/aive the inesme ana asset FeEjtlircmeetG for ReR
prefit teaaals. The leHam Hllis( 130 a fJualifiea 8ffiJlleyee aG stij9l1iatea in theGe GuideliRes, er ReR
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 13 of 72
prsfR eFBfJIsyeelfaelilty member as aefme6 in these Ctliaelines. The tH1it mlist 8e leasea for th,e
tefffis set fsftlf in the Deea R-estrietisa sa the tH1it SF, if t.fieFe are Be SlieR pr8~:isieas in t.Re Deed
RestTietiea, l;1flea teRRs at3prs.;ea BY the IIelismg Offiee.
S.Ptier Ie lhe He\lSing OiHee's Ejlialifieatien eflhe tenaffi, satd leBllftt shall aelel.ewleEige an part eflhe lease
that Safa teBallt has Feeey:ea, reaa aBe oo6efStanes the Remee'.":ners' asseeiatioIl ee.:enaats, mles
aRe regulatieas fer the mHt aBe shall aeiee by tilem. EBfereemeat of SMa es, 'eaaflts, Riles aRd
regalatis:as sftall ee t:he FeSfJsRBieil#y sf tile ftsmes';mers' assseiatiofl.
6.~'\ espy sf ilie eJlee-litee lease shall ee fiu:nisRee BY the e'.~.'ReF or teaant to the IIslisiRg omee BRa
B.eB:ieOV.'RefS' asseeiatioB.
SECTION ~
MANAGEMENT OF RENTAL UNITS
Private management companies manage most of the rental projects. Each specific complex may differ in its
rental procedures. Persons desiring to rent an Employee Housing unit must meet employment and
income requirements as well as minimum occupancy. A list of the rental projects and managers is
located in Appendix D. Units managed by the Housing Office are Truscott Place Phase I and Phase II,
Smuggler Mountain Apartments, Aspen Country Inn and Marolt Ranch Seasonal Housing. Please contact
the Housing Office or individual property managers for specific rental information.
If a Qualified tenant of a deed-restricted rental unit requests Alpine Legal Services (ALS) to resolve a
housing dispute. ALS will contact the landlord to initiate a mediation between the landlord and the tenant.
If the landlord refuses to participate in the mediation process. ALS mav directlv assist the tenant to pursue
their legal claim. If the parties are unable to resolve their dispute. ALS will refer the parties to private
counsel. or for Qualified tenants. ALS will attempt to place their case with a pro bono attornev for direct
representation.
SECTION 1~
RENTAL W,+.ITl..ISTSIGN-UP POl..lCY
The Housing Office advertises any vacancies in the classified section of the local newspaper on Mondavs
and Tuesdays lIftd WeEIResdays. Any interested party may sign up for that specific unit in the Housing
Office. The sign-up for an advertised unit ends at 4:00 p.m. that following Wedne~y. Staff reviews
the sign-up list and contacts the household with the most years worked full-time in Pitkin County. The
interested applicant must provide proof of their work history in Pitkin County for all the years stated on the
sign-up sheet.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 14 of 72
SECTION 8
EMERCENCYWORKER
.'.Ii emergeaey ':isrker !Bay Be J3laeeEl sa the ISJ3 sf the reBlal waitlist if they are llflllrs'/eEl as a EjIlalili.eEl
Emergeasy 'N 0FIEer thn:H.:1gB tlle Peblie Safety Cl:H:meil C01nmit:tee reds".; and as dermed l:lH8er the
Dejillitio1ts seetisn hSFem. The iRaiT.i6Ha-l'8 Stif'SF.4S€lf HHist n.~ElHest the 13rierity, in ....Titing, ta the Peblie
Safety CSlIDsil H01:lsing Saaeemmittee. This 81ibeeH1I11ittee ',':ill SaRBis! Elf memBers ITem any emefgsasy
',verker ElefJartmelit, aHa a mem.eer Elf the Puelie RelatieftS BeaFEi (PRB). k is the FeSfJ8Bsiliility sf the
S1lJ38R~ser 18 13Fe'.~ to the Pehlie Safety CSl:ffisil that the ealf31eyee is a r~fl:1:iifea emeFgeaey FeSfH.Jllse
13Fierity. The memBer sf the PRR ana the I1elisiag Drfiee ',vill Bet ';ete, e1:lt ',':ill eemrneat ea ',"Bethel" t.he
lluli'.iElHaI sftSlilli Be alls\'/eEl the J3riSflly. If the Mlie Safety CSWlGil IIslisiBg SlIiJesmrnittee llflpreves the
iaEli'.iclt1al fer pFierity staRis, ';:fittea vsrifieatiea mlist be pFe\ided 10 the II0\lsiag Grfise. ~^..t sueh time, the
HSliOiBg OFli.ee will J3laee the iBdiviEilial at the tSJ3 sf the reatal \':aiHist fsr Cily aWfieEl prejeetG.
SECTION 6
SEASONAL HOUSING
Beginning Seotember 1 of each vear and ending May 31 (winter season) of each vear, seasonal units located
at Marolt Ranch and Burlingame Seasonal Housing can accept students, as dermed in the Guidelines. At
the time of sign-up, each student shall provide to APCHA documentation proving enrollment in a school. or
documentation proving an internship with a Pitkin County business. Each student shall sign a lease for the
appropriate time frame and provide first, last month's and a security deoosit as required from each seasonal
housing proiect. See the Definition section for the definition of Accredited and Student.
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AMENDED 01/06
Page 15 of 72
PART III
PURCHASING EMPLOYEE HOUSING
SECTION 1
QUALIFICATIONS TO PURCHASE EMPLOYEE HOUSING
To qualify, be eligible, and remain eligible to purchase and reside in an employee-housing unit, a
personlhousehold must meet the following criteria and must not be over the maximum income as stipulated
in the table below. An owner, however, does not have to continue to comply with income and/or assets.
No.OfD endents
o Dependents
I Dependent
2 Dependents
3 or More Dependents
Net Assets Not in Excess of
Maximum Iucomes for SALES/OWNERSHIP Units Only
(See Income Verification, Part ill, Section 2, No.1)
Cate 0 I Cate 0 2 Cate ory 3
$30,000 $47,000 $76,000
37,500 54,500 83,500
45,000 61,000 91,000
52,500 69,500 98,500
100,000 125,000 150,000
Cate 0 4
$123,000
130,500
138,000
145,500
175,000
Maximum Incomes for SALES/OWNERSHIP Units Only
(See Income Verification, Part TII, Section 2, No.1)
No. of Dependents Category 5 Category 6 Category 7 Category RO
o Dependents $132,000 $145,000 $159,000 N/A
I Dependent 139,500 152,500 166,500 N/A
2 Dependents 147,000 160,000 174,000 N/A
3 or More Dependents 154,500 167,500 181,500 N/A
Net Assets Not in Excess of 200,000 225,000 250,000 $900,000
NOTE: A household can qualify to purchase a unit in a higher category.
1. Be a full-time employee working in Pitkin County for an employer whose business address is
located within Aspen or Pitkin County, whose business employs employees within Pitkin County,
whose business license is in Aspen or Pitkin County, and/or the business taxes are paid in Aspen or
Pitkin County (if an employer is not physically based in Pitkin County, an employee must be able to
verify that they physically work in Pitkin County a minimum of 1500 hours per calendar year for
individuals, businesses or institutional operations located in Pitkin County); or a retired person who
has been a full-time employee in Pitkin County a minimum of four years irmnediately prior to his or
her retirement (as further defmed in the Definition section); or a aisabledhandicaooed person
residing in Pitkin County who has been a full-time employee for a Pitkin County employer a
minimum ohwefour years irmnediately prior to their disability as defmed in these Guidelines; or in
the event of the qualified employee's death, the spouse of any such employee, retired person, or
aisaelellhandicaooed person; and/or a dependent living with that qualified employee, retired person
or aisablellhandicaooed person. In a two-person household of two adults only (no dependents as
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 16 of 72
defined in the Guidelines), both adults must be working in Pitkin County to qualify for an additional
bedroom.
2. Upon purchase of the unit, employee(s) shall occupy the unit as the primary residence and maintain
at least the minimum work requirement until retirement age as specified in these Guidelines.
3. The purchaser/owner must not own developed residential real estate or a mobile home in those
portions of Eagle, Garfield, Gunnison or Pitkin Counties, which are part of the Roaring Fork
River drainage. If property is owned, the purchaser/owner must list for sale, at competitive
market prices, the residential real estate or mobile home prior to or simultaneously with closing
on the employee housing unit and still meet the asset/income limitations as set forth in Table I.
The purchaser must provide the Housing Office with a copy of the appraisal of the property.
Upon the sale, a copy of the closing documents indicating the sale price must be provided to the
Housing Office. If the property is not sold by the time of closing on purchase of the employee-
housing unit, it must remain listed until sold. The owner has 180 davs to sell the free-market unit.
After such time. the owner must list and sell the deed-restricted unit accordin!! to their deed-
restriction. If the owner of the other residential property desires to rent that property prior to sale,
the owner shall be required to rent such property as employee housing in accordance with the
Guidelines at the income category determined by the Housing Office to be appropriate under the
circumstances.
4. If vacant land is owned in the portions of Eagle, Garfield, Gunnison or Pitkin, which are part of the
Roaring Fork River drainage, while owning an employee-housing unit, the land must remain
unimproved. If the land is improved with a residence, the individual must then relinquish the
employee-housing unit by listing and selling the ownership interest in that unit. Uoon aooroval of a
buildin!! oermit. such owner shall have three-vears to build on such free-market lot. If the
residential lot (whether free-market or deed-restricted) remains undevelooed after the three-vear
time frame. the owner must sell the lot within 180 davs or list the deed-restricted unit accordin!! to
their deed-restriction. NOTE: Persons owning improved residential property, residing in employee
housing prior to May 1, 1994, will be allowed to retain ownership of that residential property and still be
eligible to reside in employee housing. However, once the residential property is sold, the person residing in
employee housing may not acquire additional residential property and remain eligible to reside in employee
housing.
A business owner, where the individual owns a deed restricted unit, has an opportunity to purchase
another unit in the Roaring Fork drainage system under the following conditions: I) the business
owner would contact APCHA that a unit has been found in the free market that they would like to
purchase; 2) the business owner would then discuss with the APCHA the needs of the owner; 3) the
specific Category would be agreed to by both parties (the owner and APCHA) and 4) the Housing
Office has the option to approve the request as long as a recorded deed restriction is placed on the
free market property relating to the business. The employer would only be allowed to rent the unit
to a qualified employee of Pitkin County unless the unit is located in the down valley area. Should
the unit be located down valley, the owner would be allowed to rent to an individual employed
somewhere in the Roaring Fork Drainage System as long as their employee would have the first
right of refusal, with the second right of refusal going to someone employed in Pitkin County, with
the last right to any other qualified employee.
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Page 17 of 72
5. The purchaser/owner must have total current household income and assets no greater than the
maximum amount specified in Section I above for the particular category. Any purchaser who has
assigned, conveyed, transferred, or otherwise disposed of property within the last two years without
fair consideration in order to meet the net asset limitations shall be ineligible. Maximum net asset
limits for households, which consist of at least one citizen of retirement age, are 150% of the
applicable income category. This is applicable at the time of purchase ONLY. After purchase,
owners must continue to meet 1-5 above to continue to own and reside in employee housing.
6. The ownership of any property shall be considered in determining Maximum Net Assets.
7. All qualification items stated above in 1-5 are verified by requesting each owner to sign a
Requalification Affidavit every two years.
8. Any individual or household who is under review for a possible non-compliance issue may not
enter any new lotteries, including in-complex bids, until the non-compliance issue has been
satisfied. The owner MUST also be in llood standinll with their homeowners' association and
a notarized document from the BOA will be reauired at the time of application.
SECTION 2
INITIAL QUALIFICATION TO PURCHASE
In order to determine that a person or household desiring to purchase an employee housing unit meets all
of the criteria set forth in Section I above, the Housing Office must review and have on file specific
documentation which provides proof of: residency, employment, income and assets. The Housing Office
may request any or all of the following documentation. All information and documentation received
will remain confidential.
I. Income Verification:
a. Copies of the past two years complete Federal income tax returns, with W2's attached.
b. Current income and financial statement verified by the applicant to be true and correct.
If there is a variance of more than or less than 20% between current income and income
reported on the previous year's tax returns, the incomes will be averaged. This will
establish the income category.
c. Social Security records, or W2's for all the years worked in Pitkin County.
If the above information is not available, the applicant must provide other documentation as
requested by the Housing Office.
2. Emplovment Verification:
a. All W-2 forms from a minimum of the previous four years (purchase).
b. Wage stubs (ifW-2's are not available).
c. Employer(s) name, address, telephone and dates of employment.
d. Housing Office Employment Verification Form [signed by employer(s)].
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AMENDED 01/06
Page 18 of 72
e. Evidence of legal residency.
f. Landlord verification of residency, specific dates.
g. Valid Colorado Driver's License.
h. Valid Pitkin County Voter Registration.
1. Verification of telephone service in Pitkin County.
j. Divorce Decree or Separation Agreement including alimony and child support. A copy
must indicate that it has been entered in the record with all exhibits and supplements
attached.
k. Applicants desiring to purchase a unit will be required to sign a release in order for the
Housing Office to obtain a copy ofthe loan application from the lender.
I. Any additional information the Housing Office will require to verify the applicant's full-
time residency in their unit, e.g., business and personal banking records, utility bills, etc.
m. Picture LD.
If the above information is not available, the applicant must provide other documentation as
requested by the Housing Office.
3. When someone is self-employed and works too few or no hours for an employer, then the
number of hours worked in Pitkin County must be clearly documented by providing:
a. A complete copy of the applicant's most recent tax retums, including Federal tax returns,
Schedule C (profit and loss statement) and all other completed schedules, and State tax
returns and copies of most recent W2's and or 1099's for each job (if applicant received
W2's and/or 1099's).
b. Copies of any paycheck stubs received by the employee and/or an up-to-date profit and loss
statement.
c. A copy of a current business license.
d. The following documentation must be provided if a, b and c above does not verify the
employment requirement and the residency requirement.
I) A copy of a current detailed work log or appointment book for the last year (or at least
the last quarter) listing hours worked each day for each job or appointment and clients'
names and local addresses. Time spent in marketing, accounting and other administrative
tasks in support of the business will also count towards the 1,500 hours per year
employment requirement if the applicant can clearly demonstrate to the Housing Office
that this is the case.
2) Copies of invoices sent to clients, particularly if the invoices reflect the amount of time
spent on the job invoiced (and copies of payment for invoiced work);
3) A Client List, which would provide client names with local telephone numbers and local
addresses, type of work done, and approximate time spent with client per appointments
in a year.
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AMENDED 01/06
Page 19 of 72
4) Any additional documentation the Housing Office may require to verify the applicant is
employed in Pitkin County and occupying the unit as their primary residence, such as
business and personal banking records, utility bills, payments received, etc.
It is the responsibility of the applicant to clearly demonstrate that he/she is meeting the full-time
employment and residency criteria. If the household does not specifically fall under the current
policy, the household may request a Hearing before the Housing Board for review.
Note: Applicants for Employee Housing will verify on the application that all information
provided is true and accurate. If any of the information is determined to be inaccurate or
non-verifiable, the applicant may be subject to disqualification by the Housing Office from
the application and/or approval process.
SECTION 3
QUALIFICATIONS FOR THE PURCHASE OF
RESIDENT OCCUPIED UNITS
In order to determine that a person or household desiring to purchase a Resident Occupied housing unit
meets all of the criteria set forth in Section 1 above (except income limits), the Housing Office must
review and have on file specific documentation which provides proof of: residency, employment, and
assets. The Housing Office may request any or all of the following documentation. All information and
documentation received will remain confidential.
1. Income Verification:
a. Copies of the past two years complete Federal income tax returns, with W2's attached.
b. Current income and financial statement verified by the applicant to be true and correct.
c. Social Security records, or W2's for all the years worked in Pitkin County.
If the above information is not available, the applicant must provide other documentation as
requested by the Housing Office.
2. Emplovment Verification:
a. All W-2 forms from a minimum of the previous four years (purchase).
b. Wage stubs (ifW-2's are not available).
c. Employer(s) name, address, telephone and dates of employment.
d. Housing Office Employment Verification Form [signed by employer(s)].
e. Evidence of legal residency.
f. Landlord verification of residency, specific dates.
g. Valid Pitkin County Driver License.
h. Valid Pitkin County Voter Registration.
1. Verification of telephone service in Pitkin County.
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AMENDED 01/06
Page 20 of 72
J. Divorce Decree or Separation Agreement including alimony and child support. A copy
must indicate that it has been entered in the record with all exhibits and supplements
attached.
k. Applicants desiring to purchase a unit will be required to sign a release in order for the
Housing Office to obtain a copy of the loan application from the lender.
1. Any additional information the Housing Office will require to verify the applicant's
presence in Pitkin County; e.g., business and personal banking records, utility bills, etc.
m. Picture I.D.
If the above information is not available, the applicant must provide other documentation as
requested by the Housing Office.
3. When someone is self-employed and works too few or no hours for an employer, then the
number of hours worked in Pitkin County must be clearly documented by providing:
a. A complete copy of the applicant's most recent tax returns, including Federal tax returns,
Schedule C (profit and loss statement) and all other completed schedules, and State tax
returns and copies of most recent W2's and or 1099's for each job (if applicant received
W2's and/or 1099's).
b. Copies of any paycheck stubs received by the employee or an up-to-date profit and loss
statement or an up-to-date profit and loss statement.
c. A copy of a current business license.
d. The following documentation must be provided if a, b and c above does not verify the
employment requirement and the residency requirement.
I) A copy of a current detailed work log or appointment book for the last year (or at
least the last quarter) listing hours worked each day for each job or appointment and
clients' names and local addresses. Time spent in marketing, accounting and other
administrative tasks in support of the business will also count towards the 1,500
hours per year employment requirement if the applicant can clearly demonstrate to
the Housing Office that this is the case.
2) Copies of invoices sent to clients, particularly if the invoices reflect the amount of
time spent on the job invoiced (and copies of payment for invoiced work);
3) A Client List, which would provide client names with local telephone numbers and
local addresses, type of work done, and approximate time spent with client per
appointments in a year.
4) Any additional documentation the Housing Office may require to verify the applicant
is employed in Pitkin County and occupying the unit as their primary residence, such
as business and personal banking records, utility bills, payments received, etc.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 21 of 72
It is the responsibility of the applicant to clearly demonstrate that he/she is meeting the full-time
employment and residency criteria. If the household does not specifically fall under the current
policy, the household may request a Hearing before the Housing Board for review.
4. Additional Conditions and/or Requirements:
a. Gross income is not limited, but net assets are limited to no more than $900,000.
b. An owner cannot own any other developed residential property within the Roaring Fork
Drainage System.
c. See the deed restriction for the specific RO unit for any other additional restrictions
and/or conditions.
d. Applicant must demonstrate that their income/earnings are eamed primarilv in Pitkin
Countv (75%). Applicants must demonstrate that thev pav Colorado Income Tax as a
Colorado resident.
5. Resale of RO Units: The owners of an RO unit must list the unit through the Housing Office,
unless the specific deed restriction states otherwise. At the time of the listing, the Owner will
pay to the Housing Office a Listing Fee of ene half pereeBt W. %) one percent (1 %) of the total
sales price. The unit will go through the normal selling process, with a lottery held at the end of
the two-week bid period. At the time of closing, the Owner will pay an additional Sales Fee of
one-l!alf percent (~l%) of the total sales price, for a total of a ooetwo-percent (+2%) of the
overall sale's fee.
SECTION 4
MAINTAINING ELIGIBILITY FOR OWNERSHIP
OF EMPLOYEE HOUSING
There is not a requalification requirement to meet Income, Asset and Minimum Occupancy for persons
who have purchased and own an employee-housing unit. The individual must remain a qualified
employee or retiree, continue to occupy the unit as their primary residence as defined in these Guidelines,
and not own any other property within the Roaring Fork Valley as defined in these Guidelines, and as
they are amended from time to time. It shall Be a reEtl'iremel>l fer aR e'::ner te pre',~ee eeslHBeBtatien ef
~.verkiBg ia Pitkffi. Cel:1:Bty e~;eFY txe years, resiEiiBg in their llmt at least nine mamas em of a ealeBelar
year, aRe nen ewnership ef ether preperty within the Rearing FeRE drainage system. Hewe':or, APCHA
will require all owners to complete and sign a Requalification Affidavit on a bi-yearly basis en \lnits
teeates eatsiae the City (this is a requirefBem that .1:8S aaefJtea by the Celiftty and is 6l:lFf'eatly being
reaedressea in the City).
APCHA has the right to request additional documentation through an audit or follow-up on a compliant
to show proof of employment and residencv. Additional documentation mav include items nreviouslv
stated in Section 1.
The swaBr has the e~tiaB to fJre\'iEle Feaefal masme Tax RetlifBs aHa ',V2's, OR a ReijUalitieatieB
..'\.ft.iEia..r.it sigRas ana aetanzea BY the 8y:;:aer. R(rl:e~:er, ..'\PCR.!t.. has the right to request aaditiBBal
aEJeumeHtatieB thf8l:lgR an auelit 8F feIlE":: lip 8ft a eemplaiHt ta she..v prasE ef 8Iflf)leymeat ana FesiEleBSY.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 22 of 72
~^.:dditi8ftal d88lilReatatiaa may iRslade the felle\~:ing, em is Rat limited t8, the mast Feeoot Federal
mS8me TWl R-etums alang with '.1.'2'5 ana 1999's, any adelitienal iBfermatieR the Heusiag Off.iee '.~:ill
r~ql;liFe to ~:erify Mie e'.~.:;HeF' s full time r~sideBey in their aRk; e.g., elisiness 8:fta f)efseaallnmJ.sng reeeFEls,
litility Bills, ete.; af if same0ae is self elBfJleyea and ~.varl{s tee fe-~.v SF ne ae1:H's far an eB1fJleyeF, t:B.eR the
B1HHBer afhmm warked ffi PitiEiB Caeaty HHiot 8e elear~y aeellffioatell BY pr-e';.jlling:
I. 'J.'heB sameane is self eHljlleyell aall '"arks taa fa'lo' er Be halH'S far lHl eHljlleyor, t!l.eB the
ftliIBl3er ef heers werk-ell iB PiHan Calffity IffiIst Be alearly llaaUlBeeted BY preyilliBg:
a. Capies af mast reeeat '.'.'2's aall ar 1999's far eaeh je13 (if Bflpliaaftt reaei\<ed '.\'2's aaEllar
19~9's).
13.Callies ef aa:.' payaheak stlll3s reaeiyell BY Ihe eHljllayee.
e.~^.. eapy af a 6lu=reftt easiness HeaRse.
Il.The fallawiBg aee\ffiioetatieB HHist Be praviaell if a, 13 aBll a al3eye aaes aet varifY the
empleyment r-eE[\liremeet lHlll t!l.e resiaElftoy reE[\liremelll.
I) Federal t"" rellH'fls, Saheoole C (preHl aall less statemElftt) anll all et!l.er eelBflleled
seheffides, and State tax Fet:ums.
2) A aapy af a eHffeat detailell 'Nerk leg er Bflpeiatmeat Beak fer t!l.e last year (ar at least
t!l.e laot E[\Iarter) listffig helH'S ',\'erkell eaeh llay fer eaeh je13 er Bflllaiatmeet anll elieets'
Rames ana leeal aaaresses. Time SflsBt iB marlEetmg, aee01;latiRg aRa et.Rer aam.iRistrati~:e
tasks iR sl:ij3part ef the Blisi:aess "::ill alse ee1:Hlt te~.t'aras the 1,500 hems f)eF year
eHljllaymeat reEjliirllHleet if the Bplllieaet eaB elearl-y llemenstrate la the IIeesing Offiae
that t!l.is is the ease.
2) Cepies ef iaveiees seet te elieBM, partieelar~y if the iavaiees reReet t!l.e ameeRt af time
speat aB Ille je13 in'laieell (and eepies afpaymeat fer inyeieell wark);
3) f. Clioet Liat, whieh waeld pf8'Ade elieat Illlmes with laeallelephane flII1fl8ers aBllleeal
addresses, t),13e 8f ',':ark deRe, and apflferdmate time SfJeIH with elieat per afJJ3ei:atme:ats
IRa year.
1) .'\By adllitianalllee\!IRenlatien the Reesing omee may reEjliire la verify tae Bflplieaet is
eHljlleyea in Pitl<in CeeBly aall aeeHjlying the eait as their primary resiaenae, sliah as
13\lsiness and peraeaal 13ankiag reearas, etility Bills, paymeets reeeiyea, ete.
It is the respensi13ility af the Bflplieaet te elear~)' aemenstrate that he/she is meeting the full time
empleymeat anll reaidene)' ariteria. If tile haBsehela aees nat speaifieally fallllilaer the aliIrent
paliay, lfle haliaehald may reEjlieat a Hearing 13efere t!l.e Rausing Belll'a for re'/iew.
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Page 23 of 72
4----
SECTION S
COM:PLLU~CE OF OWNERSHIP {ffl'ITS
1. All qualification items under Part Ill, Section 1, 1-5 shall apply to continue ownership.
2. Reammates are fJeHBitteel \Hiser Yie G1:liaeliBes. ..\U fEl6HHBates sf a Ett1alified 8';:Ber thing m the
Hail HHist ee fJF6 qualifies thre\:lgh the Reasing Orfies eBly for the amel::IDt sf Feat they ean ee
shargea.
3. The Hellsiag Offiee ~.~:iIl Be asiag a faBflOm aaEiit 8ft all the eWBershifJ litlits as to empleYHleat
and awning ether fJrefJeFty ..~:ithiB the Reariftg Ferk Valley. This is to eBS\:lFe t.hat all (:l'.-:flers
6SBtifttl8 to meet the r8f1tlHemeats sf the GaiaeliBes.
Housing Office Responsibilities:
a.The IIsl:lsing Omes shall sBsea",'0f te reElHalify aaea O-.7ReI ....:i:iliin taeaent t\V0 years.
e.The Reasing Omes shall mndemly fJielr the EYNReFS, ever this t\V8 year peRea eftime, t8 fJFe1:ide
6e6lHBematisa to the Hsasing ames she-;;ing eHlfJleymea.t metal')' ana that they ae Bot IT.vn
ether pfflperty -A4thin the R-eariBg F ark ',Zelle)'.
e.The Hsasing Orfies sftall mail a letter BRa a feHR tEl be eemf.lletea BY the O":,~ef FeEjllesting
e&iJ'le)'Ffteat infsRBatie:a 8flEl maSHie tM Fetams.
r:i.OHae the aeel+HiefttatiEl:a has BeeR Rleei.;ee, the HeasiBg ames ",vill t=e",'ie"N eaah file ror
eelBf'li8ftee.
e.Shews the a.,VBef Be em af eeHipHB:Bee, a seeeat! letter will Be seat te the aV/ller reEjuestiftg that
the O.:lfler list their l::l:B:it 85 states in tkeir Deea ResH=ietie:a,
f.Skelila the O.,VBef saatest the seee. t=eMBetisa, if the Ceurt fines faf the Heasmg l..l:lthElrity, an
legal fees .,i:ill13e paid BY said 07JBer.
1. If a complaint is received. it is forwarded to the Qualifications Specialist. who researches the
complaint. If staff fmds grounds to move forward. the first compliance letter will be mailed within
30 calendar days of receipt of the complaint or if the bi -annual Affidavit has not been returned. The
bi-annual affidavit will be treated as a compliance letter.
2. If the owner does not respond within two weeks to the initial compliance letter, a second
compliance letter will be sent. The first and second compliance letters will be sent bv regular
mail.
3. If the owner does not respond to the second compliance letter within two weeks. and/or if the
compliance situation is not fullv resolved within 60 calendar davs from the date of the first letter.
a Notice of Violation (NOV) letter will be sent to the owner. The NOV will provide the owner
an option if thev wish to dispute the violation bv requesting a Housing Board Grievance Hearing
in writing within 15 calendar davs from the date of the NOV letter. The NOV letter will be sent
bv regular and certified mail. APCHA will also notify the APCHA Board when a NOV letter is
sent. For Board update purposes, the owner will be referred to bv a case number onlv. with no
mention of client name or address. and will brieflv outline the case.
4. If the owner does not respond or does not request a Board hearing. or the owner does not request
a Board hearing within the specified deadline. APCHA will send a fmalletter to the owner. The
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 24 of 72
final letter will state the client has 30 davs to list their unit with the Housing Office and that their
appreciation has stopped. The frnalletter will be sent bv regular and certified mail.
Owner's Responsibilities:
a. Case the a',VlieT reeeives the letter aRa fSFlRS :ffeffi the Reusmg Offie€), the O'.',~er 'llill ~r8''lide
10 the IIslismg OfFiee by the aeaaIine Sate stated ia the letter the s8HlfJletea fSFHl, aaaitisBal
aEloomeRlatieR reEjllil'ea lly the lIalisHig Offiee vefifying ElHl.Jllaymem '::i!hHi FitkiR Cawlty aaa
Bet 8\'.'fliag ether Fesideffiial fJFef)l.~rt). 7:ithi:B. the Rearj1g Fork DFainage.
b. If the Q.....Tier Bees Ret submit the iRfermatisa af eefltaet the I1easing Offi.6e in the time allettea,
the afJfJreeiati0B fer their l.Hlit ',':ill be s\:i~eBaed. 8hsl:dEl the OV/Ref be fel:H1a 0\lt ef
eSlRflliaaee, !he OWRer '::ill list !he liIlit ',vith the lIeusiflg Omee as slatea iR theil' aeea
restrietisR.
e. There are life eirel:lffistae.e8s that ffiQ)' Be beysal! the eeatr:ol sf the O.....mer. The OWRer has the
8fJfJSFt1:mity ts reEFiest a 8fJEleial R~iie'.':. Softie emu):lflles melHae, but afe Ret limitea 10, a
E1en!h sr illRess Hi the family, llR aeeiaeffi feElliiriflg the Hiability fer the e':lHer ts v:erk, a siRgle
fJafeRt ',':he is lHiaele 10 ','rerk full time, eta.
I. Owner must meet all of the initial qualifications previouslv stated in Section I exceot for the
income/asset qualification.
2. Once an owner receives a letter from the Housing Office, the owner must provide the completed
form and/or anv additional documentation requested bv the deadline stated in the letter.
3. Should the owner be found out of compliance. the appreciation on the unit will be suspended.
4. If an owner wishes to dispute the NOV. the owner must submit a written request for a Board
Grievance Hearing within the deadline stated in the NOV letter. The owner will then be scheduled
for a hearing at the next available Board meeting. The owner and the Housing Office will each be
allowed one extension of the originallv scheduled Board meeting. Per APCHA Guidelines and
Grievance procedures. "the decision ofthe Board shall be binding and the Housing Office shall take
all action necessary to Carry out their decision."
5. Once an owner received the final letter, the owner shall list their unit for sale within 30 davs.
7. If the owner does not respond and/or if the owner does not list said unit bv the final deadline. legal
counsel will follow-uo with approoriate legal action.
SECTION 6
PRIORITIES FOR PERSONS BIDDING TO PURCHASE
AN EMPLOYEE HOUSING UNIT
The Housing Office operates a lottery for the sale of employee housing properties. Priorities for the lottery
bid process are as stated below. The qualified person(s) submitting the highest bid price, which does not
exceed the maximum bid price, during the bid period shall have the first right to negotiate the purchase of
the unit. If two or more qualified bids are submitted at the highest bid price, they shall receive preference
and be prioritized for selection as the top bidder in the following order:
I. Persons with a present ownership interest Joint or Tenants In Common, in the employee housing unit.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 25 of 72
2. Person(s) chosen by the remammg owner(s) to purchase the interest of another owner. ANY
FRACTIONAL SALES MUST BE APPROVED BY SPECIAL REVIEW IF NOT UNDER A
COURT ORDER DUE TO DISSOLUTION PROCEDURES.
3. Qualified spouses and/or children of current owners, including joint custody of the children, and/or
qualified parent(s) meeting minimum occupancy. A transfer between siblings is permitted; however,
any person who is gaining ownership by a transfer between a family member (as defmed in these
Guidelines) must qualify fully under that specific category. For example, if the unit is a Category 3
unit, the sibling must qualify as a fully qualified Category 3 person with a work history of at least the
last four years. Transfer within immediate family to a qualified buyer requires a$IOO fee, and must
be approved by the Housing Office prior to the transfer. The qualified buyer is also required to
enter into a new deed restriction during the transfer process.
4. Persons living in and owning another unit within the complex who meet mmnnum occupancy
standards. A person must have owned his in-complex unit for at least one year prior to receiving the
in-complex priority. If there are more than one in-complex bids meeting minimum occupancy!, a
lottery will be held by giving the number of chances as stipulated below. On an in-complex move, a
unit must open up to bid to other qualified persons before receiving the in-complex priority. For new
multi-phase projects, the in-complex priorities will apply only after completion of all employee-
housing phases of the project. The in-complex Drioritv DOES NOT aDDlv to any sinl!le-familv
homes.
5. PeFSOllS .Nith [om Sf more eenseeutive yeafS of eHlfJ1s)'Hleftt ill Pit.kin Coaaty immediately prier to
afJ13lieatiea fur fHiFeRase:
a. \lfith minimam eee1:lflaney ana eBe af mere aependents fer l:lRits -;:ita three Sf mer-e ee9fesms,
aepeBaeBts HRlst raBiee in the Hnit a miftiHH:uR189 days em sf any 12 ffl8mH peRea.
B. \Vith FflimmwR eesl:iflaney
a. PefS8ftS ";rith eRe to fs1:H' eeBseel:lth~ ye8.fS sf eHlflleymeat Hi Pitkin Cewlty l--e8iately pRey te
&fll9lieatisB fer f'urehase (eeek iadividual ~..i11 Feeeive SRe ekeBee ill a separate letteFy eBl3' if t.Jiere
is B8 SRe hiddiag wile has beeR wePliiBg iR PitliiB CsalHy feur.years SF lIlore):
a. '.Vith ~ eeel::lflaRey aHa eae or meFe 8ef1eaaeets fer l:Hlits \~:it.k three af meR! eear88ms
(S8f3eB:deets HHist resiae in tftel:HHt geater than 1 gg days am sf any 12 mama. 19eri0t~i).
8. '.l.'ith Hrininmm seel::lflaB6)'
1
Minimllm Occupancy (see Dtdinitions) as used herein is one person (with an ownership interest) per bedroom and/or a dependent. A Dependent is defined and can be
cOfUltedjOr a bedroom as stipulated in Part X. Definitions.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 26 of 72
:..
PeFS0ns ~.~;ith less than eae eSBseeativ0 year sf eHlfJleymeRt iB Pitkin CeliBty immediately 13Fier to
ap13lieatisB fer ]3Ufeflase (eaek illElhid1lal1~:iII Feeeive eRe ekaBee ill a separate lettery SRly if there
is 88 ODe hiddiag: who has heeR ..ysrliing iB Pitbia CeuBty feur years OF meFe):
a. '.l,'ith minirnl:lHl eeeliflaRey and efte af mere aS13eaaeets for anits Y/ith thr~e aT Hlefe eedrosffis
(alljltlBaeets ffitwt Fosiee iR ffte lmit greater fhan I Sg EIaj's slit sf any 12 ffieBtR \'lonea).
8. With miRim\lfll. e66\1flaney
&. P8fS8BS 'llith felif aF mere 60Rsesliti"6 yeMs sf em131eymeat iR Pit.laa C01mty immeEiiatel-y flFier to
a}3~lieatieB fer f)\:H'shase Bet meetiag minimum ee~aney, elit ',\'IlieR mest slesel)" afJluO]eimates
minimtlffi eeetiflaBsy.
9. Parsses ',vith efts 16 fel::l:f 0oflseelitiv8 years Elf eBl}31eymeat in Pitkin Coliflty immeEiiately prier t8
afl13lieatiea. fer 13arehase Bet meeting Hrinim.l:HB. eeel:1:flaney, eat ',.:hieh mest slesely a]3]3nmimates
R1ieiml:lffi oeelif'aBey.
1 G. P8fS0BS \~lith less tSaR eRe eeBsee1:itive year sf eRlf'leymeat ill PitkiB. Ceooty innReaiately flr.ier to
aflfllieatieB fur IHtFesBse Ret meetffig mffiin.:m.m ee~aRey, em '.~:hies mast elesely ~rmlimates
lJl:inHm.HB ees1ifJaHey.
STUDIO UNITS:
5. A single person with four or more consecutive vears of employment in Pitkin Countv
immediatelv prior to application for purchase.
6. A household greater than one with four or more consecutive vears of employment in Pitkin
Countv immediatelv prior to application for purchase.
7. A household with one to four vears of consecutive vears of employment in Pitkin Countv
immediatelv prior to application for purchase.
S. A household with less than four vears of consecutive vears of employment in Pitkin Countv
immediatelv prior to application for purchase.
ONE-BEDROOM UNITS:
5. A household of one or more Qualified emolovees with four or more consecutive vears of
employment in Pitkin Countv immediatelv prior to application for purchase.
6. A household of one or more qualified emplovees with one to four consecutive vears of
employment in Pitkin County immediatelv prior to application for purchase.
7. A household of one or more Qualified emplovees with less than one consecutive vear of
employment in Pitkin Countv immediatelv prior to aoplication.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 27 of 72
TWO-BEDROOM UNITS:
,5. A household of at least two Qualified emplovees or one Qualified emplovee and one dependent
which said emplovee( s) has four or more consecutive vears of emplovment in Pitkin County
immediatelv prior to application for purchase.
6. A household of at least two Qualified emplovees or one Qualified emplovee and one dependent
which said emplovee( s) has worked one to four consecutive vears of emplovment in Pitkin
Countv immediatelv prior to application for purchase.
7. A household of at least two Qualified emplovees or one Qualified emplovee and one dependent
which said emplovee( s) has worked less than one consecutive vear of emplovment in Pitkin
Countv immediatelv prior to application.
8. A household of one with four or more consecutive vears of emplovment in Pitkin County
immediatelv prior to application for purchase.
9. A household of one with one to four vears of consecutive vears of emplovment in Pitkin Countv
immediatelv prior to application for purchase.
10. A household of one with less than four vears of consecutive vears of emplovment in Pitkin
Countv immediatelv prior to application for purchase.
THREE-BEDROOM UNITS:
5. A household of at least two Qualified emplovees and one dependent, or one Qualified emplovee
with two dependents which said emplovee( s) has four or more consecutive vears of emplovment
in Pitkin Countv immediatelv prior to application for purchase.
6. A household of at least two Qualified emplovees and one dependent, or one Qualified emplovee
and two dependents which said emplovee(s) has worked one to four consecutive vears of
emplovment in Pitkin County immediatelv prior to application for purchase.
7. A household of at least two Qualified emplovees and one dependent. or one Qualified employee
and two dependents which said emplovee(s) has worked less than one consecutive vear of
emplovment in Pitkin Countv immediatelv prior to application.
8. A household of at least two Qualified emplovees or one qualified emplovee and one dependent
which said emplovee(s) has four or more consecutive vears of emplovment in Pitkin Countv
immediatelv prior to application for purchase.
9. A household of at least two Qualified emplovees or one Qualified emplovee and one dependent
which said emplovee( s) has worked one to four consecutive vears of emplovment in Pitkin
County immediatelv prior to application for purchase.
10. A household of at least two Qualified emplovees or one Qualified emplovee and one dependent
which said eIl1plovee( s) has worked less than one consecutive vear of emplovment in Pitkin
Countv immediatelv prior to application.
II. A household of one with four or more consecutive years of emplovment in Pitkin Countv
immediatelv prior to application for purchase.
12. A household of one with one to four vears of consecutiye vears of emplovment in Pitkin County
immediately prior to application for purchase.
13. A household of one with less than four vears of consecutive vears of emplovment in Pitkin
Countv immediately prior to application for purchase.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 28 of 72
FOUR-BEDROOM UNITS:
5. A household of at least two qualified emplovees and two dependents, or one qualified emplovee
with three dependents which said emplovee( s) has four or more consecutive vears of employment
in Pitkin County immediatelv prior to application for purchase.
6. A household of at least two qualified emplovees and two dependents, or one qualified emplovee
and three dependents which said emplovee( s) has worked one to four consecutive vears of
employment in Pitkin Countv immediatelv prior to application for purchase.
7. A household of at least two qualified emplovees and two dependents, or one qualified emplovee
and three dependents which said emplovee( s) has worked less than one consecutive vear of
emplovment in Pitkin Countv immediatelv prior to application.
8. A household of at least two qualified emplovees and one dependent. or one qualified emplovee
with two dependents which said emplovee(s) has four or more consecutive vears of employment
in Pitkin Countv immediatelv prior to application for purchase.
9. A household of at least two qualified emplovees and one dependent, or one qualified emplovee
and two dependents which said emplovee( s) has worked one to four consecutive vears of
employment in Pitkin Countv immediatelv prior to application for purchase.
10. A household of at least two qualified emplovees and one dependent, or one qualified emplovee
and two dependents which said emplovee( s) ltas worked less than one consecutive vear of
employment in Pitkin Countv immediatelv prior to application.
II. A household of at least two qualified emplovees or one qualified emplovee and one dependent
which said employee( s) has four or more consecutive vears of emplovment in Pitkin Countv
immediatelv prior to application for purchase.
12. A household of at least two qualified emplovees or one qualified emplovee and one dependent
which said emplovee(s) has worked one to four consecutive vears of employment in Pitkin
Countv immediatelv prior to application for purchase.
13. A household of at least two qualified emplovees or one qualified emplovee and one dependent
which said emplovee(s) has worked less than one consecutive year of employment in Pitkin
Countv immediatelv prior to application.
14. A household of one with four or more consecutive vears of employment in Pitkin Countv
immediatelv prior to application for purchase.
15. A household of one with one to four vears of consecutive vears of employment in Pitkin Countv
immediatelv prior to application for purchase.
16. A household of one with less than four vears of consecutive vears of emplovment in Pitkin
Countv immediatelv prior to application for purchase.
If a person has left the Roaring Fork Vallev and then returned, a person would onlv become re-eligjble if
thev meet all of the following criteria: I) work in Pitkin County at least four vears prior to their absence: 2)
absence has been for no more than one vear; and 3) working in Pitkin County for at least one full vear after
returning.
Each household in the top priority will receive the following number of chances. These chances relate only
to those households who have worked in Pitkin County four years or more. Any other bidder who has
worked in Pitkin County less than four years, will receive only one chance if a separate lottery is held.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 29 of 72
~~
Working in Pitkin County greater than 4 years, less than 8 years
Working in Pitkin County greater than 8 years, less than 12 years
Working in Pitkin County greater than 12 years, less than 16 years
Working in Pitkin County greater than 16 years, less than 20 years
Working in Pitkin County greater than 20 years
5 chances
6 chances
7 chances
8 chances
9 chances
After prioritization, names of bidders with the highest bids of equal amounts and equal priority status shall
be placed in a lottery which will be held within a reasonable amount of time following the deadline for bids.
If the terms of the proposed purchase contract, other than maximum price, as initially presented to the
owner, are unacceptable to the owner, there shall be a mandatory negotiation period of three (3) business
days. During this period, the owner and potential buyer shall endeavor to reach an agreement regarding said
terms, including but not limited to the closing date and financing contingencies. If the owner and buyer
have not reached an agreement at the end of the negotiation period, the next bidder's offer will then be
presented to the owner for consideration. A new three"business day negotiating period will begin. All
follow-up qualified bids will be processed in a like fashion until the unit is sold or all bids are rejected. If
the owner rejects all bids, the unit shall be placed back on the market for new bids or withdrawn from sale.
The owner shall be subject to the provisions of Part V, Section 3, paragraph 1, regarding sales fees.
If a unit has been expanded to include another bedroom, minimum occupancy shall be based on the original
bedroom count (e.g., for a I-bedroom unit expanded to a 2-bedroom unit, a single person household would
meet minimum occupancy, and the unit would be marketed as a one-bedroom unit).
EXCEPTIONS TO PRIORITIES SUBJECT TO (SPECIAL REVIEW):
1. Emergency workers (see Definitions and the Bmer-geney ",Fieri!)' muter PaR H, Seetiea 8,
Emergeae)' WeFker) meeting minimum occupancy may qualify for placement into the highest
lottery category (except paragraphs 1,2,3 and 4, of Part ill, Section 6). The employee may compete
with other applicants in that category (with a maximum of 5 chances) upon approval from the
Public Safety Council. In order to receive the emergency worker priority, the emergency worker
must have been in service to the community with that agency for a least one year. The worker will
be required to be in service to the agency as a qualification of ownership until they have completed
four years of service. If the worker leaves the emergency status position before that time, they will
be required to list their unit for sale to a qualified employee. (The option for Special Review of
circumstances for leaving is open to emergency workers.)
2. First priority for mobility disabilitv hanElieElfl",eli aeeess""le units shall be given to
E1inallleelhandicapped persons prioritized by length of residency and who meet the definition of a
mobility disability. The handicapped Derson must meet APCHA's Guidelines criteria for a mobilitv
disability as well as other minimum OCCUDancv criteria to receive this DrioritV.
3. Persons 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.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 30 of 72
PART IV
LOTTERY PROCESS
Priority for purchasing via the Housing Lottery is given to those persons who have worked in Pitkin
County a minimum of four consecutive years. An initial lottery is held for persons who have priority
status. A subsequent lottery may be held if necessary. Any persons employed in Pitkin County and
meeting the above criteria are eligible to participate in the Housing Lottery, however, demand for
housing is so great that it is unlikely in the foreseeable future that a non-priority lottery will need to be
held.
1. The lottery is held the Monday after the listing period has ended, unless otherwise specified.
Should there be an in-complex bid, the lottery will not be held. If there are more than one in-house
bids, a lottery will be held for those in-complex households only. Should all in-house people decline
the unit or not get financing, the lottery will be held for the households who entered the lottery prior
to the deadline.
2. All qualified households who have bid on that unit are entered into the lottery.
3. The names are printed out and verified prior to running the lottery to ensure that a household has
not been excluded. The names are verified by the bid sheets and by the receipts provided to each
bidder. This list is currently posted on the outside door of the Courthouse Plaza Building by Noon,
the Friday before the lottery is held.
4. The lottery shall be run on the date specified in the advertisement.
5. Once the lottery has been run, the list is printed out and the names are, again, verified to ensure that
all households were included in the lottery. If there is a problem, the problem is noted on the
printout and explained as to why the lottery has to be rerun. The lottery is then rerun with the
correction(s) made.
6. The file of the lottery winner is pulled and reviewed for completion.
7. Once the winner's information is verified, the winner is notified by the APCHA and an appointment
is scheduled.
8. The lottery is then classified as "official" and the names posted on the bulletin board in the Housing
Office.
9. If the winner of the lottery does not proceed to contract the Housing Office and sign the contract
within three business days, the next in line is notified and so on, until the unit is under contract for
purchase.
NOTE: The APCHA has the right to disqualify a potential winner if the winner's qualification
information cannot be verified, is incomplete, or inaccurate at the time of contract.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 31 of 72
PART V
PROCEDURES FOR THE SALE
OF A CATEGORY EMPLOYEE HOUSING UNIT
SECTION 1
LISTING A UNIT WITH THE HOUSING OFFICE
1. An owner of an employee housing unit desiring to sell should consult with the Housing Office and
review the Deed Restriction covering the unit to determine the maximum sales price permitted
and other applicable provisions concerning a sale.
2. Unless otherwise provided in the Deed Restriction, the unit must be listed for sale with the Housing
Office and the Housing Office staff will administer the sale in accordance with the Guidelines in
effect at the time oflisting.
3. The sale of an Accessory Dwellinl! Unit (ADD) deed-restricted as a "for-sale" unit must be throul!h
the Housinl! Office lottery process. exceot that the developer mav select the first fullv-aualifled
purchaser as stated in Section 26.520.070, Deed Restrictions and Enforcement, of the City of Aspen
Municioal Code.
JA. There shall be a minimum listing period of three months before a unit's price can be readjusted.
Any termination in the listing may require the payment of administrative and advertising costs.
4,5, The APCHA acts as a Transaction Broker representing both Buyer and Seller. Questions will be
answered and help provided to any potential purchaser or seller EQUALLY in accordance with the
current Guidelines.
~. The APCHA is responsible for preparing all documents pertaining to the sale and purchase of
Category Units.
(,,7. All purchasers and sellers are advised to consult legal counsel regarding examination of title and all
contracts, agreements and title documents. The retention of such counsel, licensed real estate
brokers, or such related services, shall be at purchasers or sellers own expense.
1,8. 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.
8. A seller in the process of purchasing a different unit may find it necessary to secure additional
financing should the property listed for sale not close prior to the closing date on the newly
purchased property.
9. A II illspeeti611 }9rmSeller's Prooertv Disclosure Form will be previElea Ie completed bv the Seller
at the time of listing. This will be reviewed with the Sales Manager. Each seller will be provided a
cOPv of the Minimum Standards reauired in order for the Seller to receive maximum value. It is
required that the Seller shall provide the Buyer with a clean, working unit upon delivery of deed.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 32 of 72
Holes in the walls will be filled, carpets steam cleaned, damaged windows will be repaired,
appliances will be in working order, and the plumbing shall be in working order. A final inspection
of the unit shall be conducted by the Buyer on the day of closing. If the unit is not left in
satisfactory condition, at the sole discretion of the APCHA, monetary compensation shall be held in
escrow at closing from the Seller's proceeds until the repairs and/or cleaning are completed. The
repairs and/or cleaning shall be paid from this fund. Any monies, left over shall then be distributed
to the Seller. The escrow amount shall be determined by the Housing Office. I .
SECTION 2
ADVERTISING THE SALE: BID PERIODS
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. Upon listing, there is an initial two-week
bid period during which the unit is advertised with tweone open house dates for showing. APCHA
will acceot in-complex bids the first week onlv. Such deadline will be stated in the Guidelines.
After the deadline, anv bid from an in-complex owner will be treated as all other bids. 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
Wednesday, until the unit is sold.
2. Prospective purchasers are encouraged to investigate sources of financing prior to submitting a bid
for employee housing and can obtain names of lenders from the Housing Office sales department.
Sales staff are available to assist interested parties with the purchase procedure and to answer any
questions about the process.
3. If more than one bid is received during any bid period, bids are prioritized according to the
Guidelines. If more than one bid is in top priority, a lottery is held.
SECTION 3
FEES FOR LISTING AND SALES
There are two fees involved in the listing and sale of a Deed Restricted Employee Housing unit -- a Listing
Fee and a Sales Fee. The Sales Fee is equal to two percent (2%) of the sale's price of the property, unless
otherwise specified in the Deed Restriction. Also, unless otherwise specified in the Deed Restriction, the
Housing Office will collect half of the total fee (the Listing Fee) at the time of the listing. If a sale is
completed by the Housing Office, the Listing Fee is considered part of the overall Sales Fee and will be
applied to the total Sales Fee payable at closing. The Housing Office may instruct the title company to pay
said fees to the Housing Office out of the funds held for the Seller at the closing. In the event that the
Seller: a) fails to perform under the listing contract, b) rejects all offers at maximum price in cash or cash-
equivalent terms, or c) withdraws the listing after advertising has commenced, that portion of the Listing
Fee will not be refunded. In the event that the Seller withdraws for failure of any bids to be received at
maximum price or with acceptable terms, the advertising and administrative costs incurred by the Housing
Office shall be deducted from the fee. The balance will be credited to the Seller's sales fee when the
property is sold.
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AMENDED 01/06
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.I.~~- ..
2.UB:less etheFlAse SfJeeified in the Deed RestrietieB ee~;eriag ~ke lHlit, a fee eflllflliag a qoorter 138Fe8Rt
(I'%,) ef the leta! ameUflt ef the lean BHlSUflt slioll Be SEgea BY the HellSHlg Offiee sBly whell.
FB:B:B:ie }.{ae ~e finaneing f)fB1isieaB are \:lBee.. PaBflie ~iae ~e finaneiBg sl:tall Be at the sele
eHSeFetiaR efthe Reasiag amee. 'This fee shall ee pais BY the eeFFs..ver (the B1::l.yer) a:&ti is eases 011
the amBlHit af the meftgage. The fee shall he J3aid fer aaeh meftgage mmsaetisB 8Ba shall Be
88fJ8sited Hi the Hausing Omes }'4:eftgage Reserv-e FU:Ha A-eeeliRt.
1f ~he fee vias Bet J3aiEl 811 the initial f)1:1fElftase af the tmit l:lsmg the flJ),{~^. type fmanemg J3Fe~AsieRs,
the fee is tJ:iea }3ayaele BY the OVfflsr at the tifBe the anit is salEl Sf fefHl&lleea. The Buyer af said
writ shall alBe pay the fee Basea sa the amewH ef the lBeFtgage as set fefth alleve. If the fee has
BeeR paid OR a l::lflit ana the llftit is r:efiaaaeeel, the fee shall amy apply to the aHlBl:Hit sf feManeee
IBsFtgage lhat is greffier thaR the iBitiallBsflgage \lPell. ',vfiieh the fee 'A'as iHitiaUy eellestea.
FNM.^. ~e fmaeeing pre'i;o;eRB are these .....hieh previae, arn.eRg ether tillags, fer the reme'ial ef
the Deed Restrietisa 811 the lHlit l:lfJBa fefeelssure sf the HlsFtgage, f'ro~;ided that t.he I1SliSing
Offiee, City er CSUflty ae Ret 8llereioe the sptieR Ie pareoose the lHlit 'A.ithiB a time speeitiea at the
time ef fereelesllFe. The aHlellllt ana aaeEjHliey ef the fee aRa MSFtgage R"serve FlIlla shall 8e
FeJ'Revlea arnm.aUy as part sftke I1slisiBg Gaiaelines Fe./iew.
SECTION 4
DEED RESTRICTION
The purchaser must execute, in a form satisfactory to the Housing Office and for recording with the Pitkin
County Clerk concurrent with the closing of the sale, a document acknowledging the purchaser's agreement
to be bound by the recorded Deed Restriction covering the sale unit. This form is either a Memorandum of
Acceptance that relates to a Master Deed Restriction, or an Occupancy and Resale Agreement. The form is
provided for signature by the Housing Office at the time of closing, and will be recorded along with the
other documents that are required to be recorded.
SECTION 5
CO-OWNERSHIP AND CO-SIGNATURE
1. Any co-ownership interest other than Joint Tenancy or Tenancy-In-Common must be approved by
the Housing Office.
2. Co-signers (persons providing security or assuming partial responsibility for the loan) may be
approved for ownership of the unit but shall not occupy the unit unless qualified by the Housing
Office. An additional document will be required for the non-qualifYing owner to sign at the time of
closing and will be provided by the Housing Office.
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AMENDED 01/06
Page 34 of 72
SECTION 6
SALE OR RESALE OF RESIDENT OCCUPIED UNITS
I. There may be a maximum initial sales price for a newly developed Resident Occupied Unit. This
will be based on a project-by-project basis.
2. If a vacant lot is purchased for development, an initial Certificate of Occupancy must be obtained
within three years of the sale of the lot.
3. For those RO proiects that do not require the unit to be listed with the Housing Office, +!he
Housing Office shall qualify prospective purchasers (under Housing Office qualifications). Any
other resales of RO units shall be listed with the Housing Office and will be marketed through the
same process as the category units, unless specified differently in that project's specific deed
restriction. This will guarantee that the maximum sales price is being adhered to in all aspects of
the housing program. The Seller will be required to pay a Listing Fee of one-half percent U-x.%)
of the total sale's price in addition to the one-half percent (1),4%) Sales Fee, for a total of eaetwo
percent (-1-~%) of the overall sale's price. Mobile home parks with no sales price limits are exempt
from this section, except that at the time of closing, a I % fee of the sales price will be paid by the
seller into the housing program, unless stated otherwise.
4. The maximum resale price shall be calculated as follows (unless specified differently in a recorded
deed restriction). The appreciation is calculated using the simple method, not the compounded
method.
. the initial sale price of the RO lot or unit, plus 3% or the Consumer Price Index (CPI) whichever is
less, appreciation on that amount, subject to the requirements below; PLUS
. the actual cost to construct a unit on a lot, plus 3% or CPI, whichever is less, appreciation on that
amount from the time of Certificate of Occupancy (CO), subject to the requirements below; PLUS
. any additional cost to expand the unit to the maximum 2,200 square feet, plus 3% or CPI, whichever
is less, appreciation on that amount, from the time of CO for that addition, subject to the requirements
section stated below; PLUS
. the actual cost of permitted capital improvements stated in an exhibit attached to the deed restriction,
not to exceed 10% of the initial sales price of the completed unit, or the expanded unit.
5. Existing mobile home park(s) converted to the RO category will not have an appreciation cap on the
mobile home and/or lot if the unit owners are qualified Pitkin County residents as defmed by the
Guidelines. The Housing Office shall retain the right of first refusal on any resale.
SECTION 7
SALE OF SINGLE FAMILY LOTS
The City or County will receive sales proceeds from single-family lots when the land is. being provided as
mitigation of employee housing impacts for a development or growth.
The property owner or developer will receive sales proceeds from single-family lots when the land is not
being provided as mitigation of employee housing impacts for a development or growth.
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AMENDED 01/06
Page 35 of 72
-/--...-
SECTION 8
LEAVE OF ABSENCE FOR OWNERS OF
EMPLOYEE HOUSING UNITS
An owner of an employee-housing unit must reside in their unit at least nine months out of the year and
work at least 1500 hours per calendar year. There are instances in someone's life where they must leave
Pitkin County for a limited period of time and desire to rent their unit during their absence. In those
instances, a Leave of Absence may be granted by the Housing Office for one year. The homeowner must
provide clear and convincing evidence, which shows a bona fide reason for leaving and a commitment to
return to the Aspen/Pitkin area.
Leave of Absence Request Procedure
I. A Leave of Absence Request form must be completed and returned to the Housing Office at least
30 days prior to leaving. This form must be obtained from the Housing Office.
2. Notice of such intent to rent and the ability to comment shall be provided to any applicable
homeowners' association at the time of request for their input and recommendation.
Terms and Conditions:
I. The leave of absence shall be up to one year and may, at the discretion of the Housing Office, be
extended for one more year, for a maximum of two years.
2. The unit may be rented in accordance with Part II, Section 5, during said eRe ef twe year period so
long as the Deed Restriction covering the unit permits the rental. A summer Leave of Absence may
be granted and units rented under provisions of Part II, Section 5.
3. In the event that the rental rate is not set forth in the Deed Restriction, the rent shall be establiskea
at the greater sf 8Y;:Rer's esst ef the rent established in aeeeffianee Y/ith the Gtliaelines fer 1+B:its at
tfle llflPFeflriate iRGtlme eategel')' (see Tallie I\T)charged based on the owners costs plus $50. For
someone who no longer has debt on their unit. the rent would be calculated beginning with the
rental amount associated with the Guidelines in effect at the time thev bought the unit. and then
appreciated forward per Table VI in the Guidelines.
4. Owner's cost as used herein includes the monthly mortgage principal and interest payment,
condominium fees, utilities remaining in owner's name, taxes (if not part of the mortgage payment)
and insurance prorated on a monthly basis, plus $50 per month.
5. Prior to the Housing Office's qualification of tenant, said tenant shall acknowledge as part of the
lease that said tenant has received, read and understands the homeowners' association covenants,
rules and regulations for the unit and shall abide by them. Enforcement of said covenants, rules and
regulations shall be the responsibility of the homeowners' association.
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6. A copy of the executed lease shall be furnished by the owner or tenant to the Housing Office and
homeowners' association.
7. Should the homeowners' association recommend denial of the owner's request for a leave, the
Housing Office will conduct a Special Review with the owner and homeowners' association
representative(s) present.
8. Bona fide reasons for a leave of absence shall be limited to: an illness or death in the family,
educational purposes, job enhancement, travel, exploring relocation options. Should the owner be
denied the Leave of Absence, the owner may request a Special Review.
9. A short-term rental may be permitted, with the consent of the Housing Office and the Homeowners'
Association, to faculty or employees of a non-profit group and who shall be qualified without
meeting income and assets only for a short-term rental (three months or less).
SECTION 9
ROOMMATES IN SALES UNITS
Owners are allowed to have roommates, however, there are certain conditions that must be followed when
renting a room.
Terms and Conditions:
1. Roommates are permitted as long as the owner is a qualified employee and residing full-time in
their unit.
2. The maximum rental rate for the room shall not exceed the maximum rental rate permitted under
Part VIII above, for said unit pro rated on a per bedroom basis. One roommate in a two-bedroom
unit shall pay a maximum rent of one-half (1/2) of the costs; one roommate in a three-bedroom
household shall pay a maximum rent of one-third (1/3) of the total costs.
3. An owner may rent a unit or room to a qualified employee if it is permissible under the Deed
Restriction and or covenants of the Homeowner's Association covering the unit. The owner must
continue to reside in the unit as a sole and exclusive place of residence.
The owner shall be deemed to have ceased to use the unit as his or her sole and exclusive place of residence
by accepting permanent employment outside of Pitkin County, or residing in the unit fewer than nine (9)
months out of any twelve (12) consecutive months.
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SECTION 10
CAPITAL IMPROVEMENT POLICY AND
MINIMUM STANDARDS TO RECEIVE FULL VALUE AT TIME OF RESALE
Capital improvements and upkeep on deed-restricted units are necessary to enhance the longevity of the
affordable housing unit. A maximum sales price will be affected, either higher or lower, relating to the
condition of the unit and if the unit meets the minimum standard criteria. Any owner wishing to utilize the
new capital improvement policy will be required to enter into the deed restriction that is currently being
used at the time of the request.
Units Built After January I, 2004 and Re-Sale Units: An owner will be required to maintain a minimum
standard for the unit purchased. See Table I, Minimum Standards for Seller to Receive Full Value. Prior
to any sale of a unit, the Housing Office Staff will determine a maximum sales price. The Sales Manager
shall conduct an inspection and a list provided to the Seller as to the items that will need to be done PRIOR
to closing to get full value. The Buyer also has the right to pay for a formal inspection of the unit during the
inspection period stated in the Sales Contract. If said inspection reflects items not met on the Minimum
Standards for Seller to Receive Full Value table, the Seller shall be required to remedy those items. If the
unit meets the standard criteria, the Property or Unit shall be sold for an amount ("Maximum Resale Price")
in excess of the lesser of the purchase price:
. Plus an increase of three percent (3%) of such price per year from the date of purchase to the date of
Owner's notice of intent to sell (prorated at the rate of .25 percent for each whole month for any part
ofa year); OR
. An amount based upon the Consumer Price Index (All Items, U.S. City Average, Urban Wage
Earners and Clerical Workers (Revised), published by the U.S. Department of Labor, Bureau of
Labor Statistics) calculated as follows: the Owner's purchase price divided by the Consumer Price
Index published at the time of Owner's purchase stated on the Settlement Statement, multiplied by
the Consumer Price Index current at the date of intent to sell;
. Plus any approved capital improvements.
Homeowners Requesting the Ability to Use this Capital Improvement Policy: If an owner requests to utilize
the new capital improvement policy, such owner shall be required to enter into a new, updated deed
restriction.
Capital improvements can be added to the maximum resale price. A 10% capital improvement
maximum will be established for each new owner~AlI capital improvements will be deoreciated. Certain
capital improvements will not be counted as the 10%. Each capital improvement will depreciate according
to the depreciation schedule stated in an approved handbook. The current source is the Marshall Swift
Residential Handbook. Any capital improvements associated with health and safety, energy efficiency,
water conservation, and green building products will be exempt from the 10% capital improvement cap;
however, such capital improvements shall be depreciated according to the depreciation schedule stated in an
approved handbook. Any improvement to bring the unit up to the Aspen Affordable Housing Building
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AMENDED 01/06
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Guidelines will also be allowed as part of the 10% cap. An owner should check with the Housing Office
prior to starting the improvement to verify that the cost can be recouped.
It will be up to the homeowner to maintain the unit in good condition. This would include, but not be
limited to, the condition of the roof, boiler and water heater, and appliances. Educational programs shall be
scheduled for existing homeowners' associations and newly developed homeowners' associations as to what
their responsibilities are in maintaining the project in good condition,
Permitted Capital Improvements
I. The term "Permitted Capital Improvement" as used in the Agreement shall only include the following:
a. Improvements or fixtures erected, installed or attached as pennanent, functional, non-decorative
improvements to real property, excluding repair, replacement and/or maintenance improvemeots;
b. Improvemeots for energy and water conservation;
c. Improvemeots for the beoefit of seniors and/or handicapped persons;
d. Improvemeots for health and safety protection devices (including radon);
e. Improvemeots to add and/or finish permanent/fixed storage space;
f. Improvements to finish unfinished space;
g. Landscaping;
h. The cost of adding decks and balconies, and any extension thereto; and/or
1. Improvements associated with health and safety, energy efficieocy, water conservation, and green
building products.
2. Permitted Capital Improvements as used in this Agreemeot sbaJl NOT include the following:
-a. Jacuzzis, saunas, steam showers and other similar items;
b. Upgrades or addition of decorative items, including lights, window coverings and other similar items.
c. Upgrades of appliances, plumbing and mechanical fixtures, carpets and other similar items included
as part of the original construction of a unit and/or improvements required to repair and maintain
existing fixtures, appliances, plumbing and mechanical fixtures, painting, and other similar items,
unless replacement is energy efficieot or for safety and health reasons.
3. All Permitted Capital Improvement items and costs shall be approved by the APCHA staff prior to being added
to the Maximum Resale Price as defined herein. In order to get credit for an improvemeot where a building
permit is required, the improvement will not be counted unless a Letter of Completion was obtained by the
Building Departmeot.
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MINIMUM STANDARDS FOR SELLER TO RECEIVE FULL VALUE
. Clean unit
. Carpets steam-cleaned two or three days prior to closing
. All scratches, holes, burned marks repaired in hardwood floors, linoleum, tile, counter tops etc.
. No broken or foggy windows
. All screens in windows (if screens were originally provided)
. All doors will be in working order with no holes
. All locks on doors will work
. All keys will be provided; e.g., door, mail box, garage
. All mechanical systems shall be in working order
. Walls paint ready
. Normal wear and tear on carpet; if carpet has holes, stains, etc., the carpet and padding shall be
replaced or escrow funds at current market value per square foot for a comparable product shall
be held at the time of closing to be used by the new buyer
. No leaks from plumbing fixtures
. No roof leaks
. Any safety hazard remedied prior to closing
. Satisfaction of radon issue if found at time of inspection
. All light fixtures shall be in working order
DEFINITIONS:
Clean Unit: All rooms will be cleaned as stated below:
. Kitchen:
. Range - Inner and outer services will be cleaned.
. Range hood and Exhaust Fan
. Refrigerator and Freezer - Inner and outer surfaces of refrigerator and freezer will be
clean. Freezer will be defrosted.
. Cabinets and Countertops - Exterior and interior surfaces of cabinets and drawers will be
clean. Door and drawer handles, if provided, shall be clean and in place.
. Sink and Garbage Disposal - Sink and plumbing fixtures will be clean. If garbage
disposal provided, this must be in working order.
. Dishwasher - If provided, must be in working order and inner and outer surfaces shall be
clean.
. Blinds. Windows. Screens:
. Mini-blinds, Venetian Blinds, Vertical Blinds, Pull Shades - Will be clean.
. Windows - All window surfaces, inside and outside of the window glass, shall be clean.
. Screens - Screens will be clean and in place with no holes or tears.
. Closets: Closets, including floors, walls, hanger rod, shelves and doors, shall be clean.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 40 of 72
. Lil!ht Fixtures: Light fixtures will be clean and shall have functioning bulbs/florescent tubes.
. Bathrooms:
· Bathtub, Shower Walls, Sinks - Bathtubs, shower walls and sinks shall be clean.
· Toilet and Water Closet - Water closets, toilet bowls and toilet seats will be clean. If the
toilet seat is broken or peeling, the seat shall be replaced.
. Tile - All tile and grout will be clean.
· Mirrors and Medicine Cabinets - Mirrors and medicine cabinets shall be cleaned inside
and out.
. Shelves and/or Other Cabinetry - All other shelving or cabinetry shall be cleaned inside
and out.
· Walls. Ceilinl!s. Painted Doors and Baseboards: Painted surfaces must be cleaned with care
to ensure the surface is clean without damaging the paint.
· Floors: Floor cleaning includes sweeping and mopping and could include stripping, waxing and
buffing. Types of floor surfaces include wood, wood parquet tiles, linoleum, asphalt tile, vinyl
tile, mosaic tile, concrete and carpet. If carpet, all carpets shall be cleaned at least two days prior
to closing.
· Interior Storal!e/Utilitv Rooms: Storage/utility rooms shall be cleaned. Properly cleaned
storage/utility rooms will be free from odors, removable stains, grease marks or accumulations.
Safetv Hazard: Any item that provides a safety hazard shall be fixed. This would include, but is not
limited to, exposed electrical wiring, satisfaction of any radon issue found, ventilation for gas hot water
system, etc.
Walls Paint-Readv: All holes shall be patched; all posters, pictures, etc., shall be removed from all walls;
all nails, tacks, tape, etc., shall be removed from all walls; and all walls shall be clean and ready for the new
buyer to paint. If wallpaper has been placed on the wall and in good condition, the wallpaper can remain; if
the wallpaper is peeling off, the wallpaper must be removed.
Windows: If a window is broken, including the locking mechanism, the window shall be replaced. If the
.
window has a fog residue in the inside, it shall be replaced.
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AMENDED 01/06
Page 41 of 72
PART VI
SPECIAL REVIEW
A Special Review for a variance from the strict application of these Guidelines may be requested if an
unusual hardship can be shown, and the variance from the strict application of the Guidelines is consistent
with the Housing Program intent and policy. In order to request a Special Review, a letter must be
submitted to the AspenlPitkin County Housing Authority stating the request, with documentation regarding
the unusual hardship. The applicant shall submit any additional information reasonably requested by
APCHA and a Special Review meeting will be scheduled in a timely manner.
The Special Review Committee may grant the request, with or without conditions, if the approval will not
cause a substantial detriment to the public good and without substantially impairing the intent and purpose
of the Guidelines, and if an unusual hardship is shown.
Aspen/Pitkin County Employee Housing Guidelines
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Page 42 of 72
PART VII
INFORMATION FOR DEVELOPMENT OF
EMPLOYEE HOUSING
Private sector development is critical in order to meet our employee housing goals. The Housing Office
Operations Manager will track employee housing zone projects through the Planning and Building Permit
process in order to aid in communication between the developer and government. This tracking system will
ensure that all employee housing developments are treated as expeditiously as the City and County policies
intend.
Part VII of the Guidelines contains information to be used by developers of employee housing units in the
City of Aspen and Pitkin County. This section applies to development applications for free-market
development, residential subdivisions, under the Multifamily Housing Replacement Program, Chapter
26.530, of the City of Aspen Land Use Code, and in calculating the dedication fee (payment-in-lieu fee) for
exempt single-family home and exempt duplex units, and for calculating mitigation requirements as
stipulated under the growth management quota system.
Units developed by a private developer under the Affordable Housing Zone District will have the option to
choose a qualified employee(s) for one-third of the deed-restricted units being developed. The one-third
chosen by the developer must meet the minimum occupancy requirements, and all other requirements for
the specific category. All other units will be placed in the general housing lottery.
SECTION 1
PRIORITIES FOR EMPLOYEE HOUSING UNITS
The Housing Board establishes the following equal priority unit types based on current needs.
The private sector priorities for development should be as follows:
I. For-sale type units whereby the average sales price is no higher than Category 3 and the units
consist of one-bedroom and two-bedroom units, with associated RO units
2. Family-oriented sales units (Categories 3 and 4)
The public sector priorities for development should be as follows:
I.
2.
3.
Entry-level rental units consisting of I-bedroom Categories 1 and 2
For-sale units consisting of Categories 2 and 3 I-bedroom and two-bedroom
Family-oriented sales units consisting of Categories 3 and 4
I .
The Housing Board has established the following options, in order of preference depending on the site
location, available to obtain credit for providing deed-restricted employee housing units under the City's or
County's Growth Management Quota System (mitigation units):
a. On-Site Housing Employee housing units located either on the Same site as or attached to the
proposed development.
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b. Off-Site Housing - Employee housing units located within the City of Aspen or the Aspen Metro
Area, as defmed by the Aspen Area Community Plan and approved by the APCHA.
c. Cash-in-Lieu or Land-in-Lieu - Payment of an employee housing dedication fee or a donation of
land. The preference of cash or land shall be determined on a case-by-case basis.
SECTION 2
EMPLOYEE HOUSING UNITS REQUIRED FOR MITIGA nON
The following provisions shall apply to all employee-housing units required as mitigation for residential or
commercial development. All such employee housing units must meet the size, type, income and occupancy
requirements as contained in these Guidelines. Applicants are encouraged to schedule a pre-application
conference with the Aspen/Pitkin County Housing Authority staff to obtain guidance regarding the
application of these Guidelines to specific development projects. The following applies to, and credit shall
be given for, Category I, 2, 3, 4, 5, 6, 7 and Resident Occupied housing as defined in these Guidelines, and
as amended from time to time.
I. Mitigation Credit: Credit under the Growth Management Quota system may be obtained by any of
the following methods or combination thereof:
a. Production of new dwelling units deed restricted in perpetuity to rental and sale price terms
as defined in these guidelines.
b. Conversion of existing dwelling units to deed restricted status by recording a deed
restriction in perpetuity upon those units restricting them to the rental and sale price terms,
qualification and occupancy requirements of these guidelines (such units may not already
be deed restricted by APCHA guidelines).
c. Payment or Land-in-Lieu may be accepted on a case-by-case basis. Payment shall be made
to the City of Aspen for projects in the City, or Pitkin County, for projects in the County.
Such payment shall be made prior to and on a proportional basis to the issuance of any
building permits for the non-deed restricted dwelling units of the proposed development.
Applicants may choose to prepay the employee housing dedication fee prior to issuance of
any building permits for the project and receive a discount on the fee, based on the present
value index included within these Guidelines. Approval of the present value discount shall
be at the option of the APCHA and the City Council or Board of County Commissioners,
depending on the location of the project.
d. Should a proposed development cause the displacement of housing units that are
currently deed restricted to employee housing guidelines, lfteft the Bpl"liellftt shall eRly
reasi?! er-edit fer a9\:J.sifig fer the Bent ffi:lIRB8f sf ~leyee5 t8 Be aelisea BY the
prSf'0Sea aeyelepmeat, FefleetiBg the mHB.eer t9 Be heasea ia the Bey.w: tmits miHtis these
Reused i:a Hie enistiBg 1:Hlits, Father taaa fer heusing the gxess B\:I.IBger sf elBl=11eyees
housed iH the He'.\' Uftits. Emolovee housing mitigation credit of new free market
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 44 of 72
development that is on a site where deed-restricted emplovee housinl! was demolished is
onlv l!iven for the deed-restricted units that are constructed in excess of the deed-
restricted units required to replace the deed-restricted units that were demolished.
e. The deed restrictions created to obtain credit for employee housing may be amended by
agreement between the property owner and the City Council upon the recommendation
of the Gra':;tli MaeagelRsBt CeBlHlissieR Planninl! and Zoninl! Commission.
2. Unit Location: Employee housing units must meet the "Acceptance of Employee Housing Units"
policies set forth in the Housing Board Policy Statements.
3. Unit Size: Employee housing units must meet the minimum size requirements set forth in Part vn,
Section 8. Reductions in the minimum square footage shall be allowed based on the criteria
specified.
4. Unit Price: Rental or sales prices shall be no greater than allowable under these Guidelines (Tables
ill and N). Should a unit be proposed that is larger than the minimum sizes set forth in these
Guidelines, the rental or sales price shall be no greater than the prices specified.
5. Buv.Down of Existinl! Units: If the employee units are proposed to be provided off-site through the
deed restriction of existing units, the applicant shall be required to document the feasibility of this
off-site location by demonstrating that they have an interest in the property or dwelling units and by
specifYing the size and type of units to be provided and any physical upgrade to be accomplished.
Future buv-down requests for deed-restricted units shall be accepted on/v in existinl! complexes at
Catel!orv 3 or above. if at all, and shall be reviewed on a case-bv-case basis. In anv new proiects
that consist of free-market and deed-restricted units. the homeowners' assessments shall be based
on the value of the free-market units compared to the deed-restricted units. This lanlZUal!e shall be
reQuired in the approval and in the Covenants associated with the proiect. No chanl!es to these
requirements would be allowed without APCHA's approval.
6. Mitil!ation Requirements for Lodl!e Developments: Lodge developments shall not be restricted to
housing employees of their own business, but shall also be required to house qualified employees of
the community at large. It should be anticipated that the housing units proposed will be required to
be restricted to Category 2 price and occupancy guidelines unless the housing unit is restricted to
use by an owner or manager. The category requirement is subject to review of the Aspen/Pitkin
County Housing Authority based on current community housing needs and wage rates.
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AMENDED 01/06
Page 45 of 72
SECTION 3
REQUIREMENTS FOR EMPLOYEE HOUSING UNITS
IN RESIDENTIAL SUBDMSIONS
1. ~'\t least fi9~{, sf the ee9Fsems iB any FesiEleB.tial sae8:P',1.siea al'fJre~/ea HIlaer t:Be Cit:y ef ~~eR's
gFe~;.ltk 8i8:IHlgeHleBt regli!atisBs shall Be in ~ Festfietea as eHlf)leyee hsasiBg. The &'/ef8ge Feat
SF sale pries sf the eHlt'leyee aBasing l:tfJ:its shall Bet eJlSeea the Categsr:y 2 HltHti:nHHB afRBlHHs set
fefth in these GtiieleliBes, ana as titey are ameBaeel Hem time t8 time.
2. /\lllHlits I3rs..iEleel under this Seetiea mast meet eRe af Hiere sf t:Be 13Rerities states ShEWS iR Seetisa
-h
3. These FeEJ.wemeBts are Bet sll13jeet t8 BflY tyfJe efT,MaBSe by Epeeisl Re~lie'.".
1. }Ie ResiseHt Oesupiea (R-O) 1:Hlits Me 13eRnittea in the ~leyee aeusing eeffif18fleat.
The reauirements relating to emolovee housing units in residential subdivisions relates to Section
26.470.C.S & 9 of the Citv of Asoen Land Use Code and is stated below:
. Residential Develooment - 60 Percent Affordable. The develooment of a residential oroiect. or
an addition of units to an existing residential oroject, in which a minimum of sixtv (60) oercent
of the additional units and thirtv (30) oercent of the additional Floor Area is affordable housing
deed restricted in accordance with the Asoen/Pitkin County Housing Authoritv Guidelines shall
be aooroved, aooroved with conditions. or denied bv the Planning and Zoning Commission based
on the following criteria:
a) Sufficient growth management allotments are available to accommodate the uses. oursuant to
Section 26.470.030.C. Develooment Ceiling Levels and Section 26.470.030.D. Annual
Develooment Allotments.
b) A minimum of sixtv (60) oercent of the total additional units and thirty (30) oercent of the
oroject's additional Floor Area shall be affordable housing. Multi-site orojects are
oermitted. Affordable housing units orovided shall be aooroved oursuant to Section
26.470.040.C.7. Affordable Housing and shall average Category 4 rates as defmed in the
Asoen/Pitkin Countv Housing Authoritv Guidelines. as amended. An aoolicant mav choose
to orovide mitigation units at a lower Category designation.
c) If the oroject consists of onlv one (!) free-market residence. then a minimum of one (1)
affordable residence reoresenting a minimum of thirtv (30) oercent of the oroiect's total
Floor Area and deed restricted as a Category 4 "for-sale" unit, according to the orovisions of
the Asoen/Pitkin Countv Affordable Housing Guidelines. shall aualitY.
d) The oroiect reoresents minimal additional demand on oublic infrastructure or such additional
demand is mitigated through imorovement orooosed as Dart of the oroject. Public
infrastructure includes. but is not limited to. water suoolv. sewage treatment. energy and
communication utilities. drainage control. fire and oolice orotection, solid waste disoosal.
oarking. and road and transit services.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 46 of 72
. Residential DeveloDment - 70 Percent Affordable. The development of a residential project. or
an addition to an existing residential project. in which seventv (70) percent of the proiect's
additional units and seventv (70) percent of the project's additional bedrooms are affordable
housing deed restricted in accordance with the Aspen/Pitkin County Housing Authoritv
Guidelines shall be approved. approved with conditions, or denied bv the Planning and Zoning
Commission based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the uses. pursuant to
Section 26.470.030.C. Development Ceiling Levels and Section 26.470.030.D. Annual
Development Allotments.
b) Seventy (70) percent of the total additional units and total additional bedrooms shall be
affordable housing. At least fortv (40) percent of the units shall average Category 4 rates as
defined in the Aspen Pitkin Countv Housing Authoritv Guidelines. as amended. The
remaining thirtv (30) percent affordable housing unit requirement mav be provided as
Resident Occupied (RO) units as defmed in the Aspen Pitkin Countv Housing Authoritv
Guidelines. as amended. Multi-site projects are permitted. Affordable housing units
provided shall be approved pursuant to Section 26.470.040.C.7. Affordable Housing. An
applicant mav choose to provide mitigation units at a lower Category designation.
c) The project represents minimal additional demand on public infrastructure or such additional
demand is mitigated through improvement proposed as part of the project. Public
infrastructure includes. but is not limited to. water supplv. sewage treatment. energy and
communication utilities, drainage controL fire and police protection, solid waste disposaL
parking, and road and transit services.
Note: A project comprised of one free-market residence. one RO residence. and one Category
residence shall be considered meeting the 70 percent unit standard. A proiect comprised of two
free-market residences. two RO residences. and two Category residences shall be considered
meeting the 70 percent unit standard.
SECTION 4
REQUIREMENTS FOR EMPLOYEE HOUSING UNITS UNDER THE
MULTI-FAMILY HOUSING REPLACEMENT PROGRAM
1. The average price of employee housing units required under Chapter 26.530 of the City of Aspen
Land Use Code, Multifamily Housing Replacement Program, shall not exceed Category ~;l
maximum rental or sales prices as set forth in these Guidelines, and as they are amended from time
to time.
2. All units provided under this Section must meet one or more of the priorities stated above in Section
I.
3. These requirements are not subject to any type of variance by Special Review.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 47 of 72
4. No Resident Occupied (RO) units are pennitted in the employee housing component.
SECTION 5
REQUIREMENTS FOR THE AFFORDABLE HOUSING ZONE DISTRICT
The requirements for the Affordable Housin!! Zone District are reauired bv Section 26.710.110 oftheJJ!y
of Aspen Land Use Code and is stated below:
A. Puroo.se. The puroose of the Affordable Housinl!lPlanned Unit Development (AH/PUD) zone
district is to provide for the use of land for the production of Cate!!ory affordable housin!! and
resident occupied lots and units. The zone district also permits a limited component of free
market lots/units to off-set the cost of developin!! affordable housin!!. It is contemplated that land
mav also be subdivided in connection with a development plan. The AH/PUD zone district is
intended for residential use primarilv bv permanent residents of the communitv. Recreational and
institutional uses customarilv found in proximitv to residential uses are included as conditional
uses. Lands in the AH/PUD zone district should be scattered thrOUcllOut the Citv to ensure a mix
of housin!! types. includin!! those which are affordable bv its workin!! residents: at the same time
the AH/PUD zone district can protect the Citv's neil!hborhoods from rezonin!! pressures that
other non-communitv oriented zone districts mav produce. Further. lands in the AH/PUD zone
district should be located within walkin!! distance of the center of the Citv. or on transit routes.
B. Permitted uses. The followim! uses are permitted as of ri!!ht in the AH/PUD zone district:
1. Residential uses restricted to Cate!!ory affordable housin!! l!Uidelines and resident
occupied units which complv with the followin!! reQuirements:
a. Minimum Bedroom Mix. A minimum of seventy percent (70%) of the proiect's
total bedrooms shall be deed restricted affordable housin!! consistent with the
Affordable Housin!! Guidelines. The mix between cate!!ories of housin!! shall be
consistent with the Affordable Housing Guidelines. The remaining bedrooms
that are not deed restricted to affordable housing mav be free market residential
units.
b. Pennissible reduction in bedroom mix for exemplary proiects. A proiect mav be
eligible for a reduction of the minimum affordable housing bedroom mix
requirement to a level of sixty percent (60%) of the proi ect' s total bedrooms if the
applicant can demonstrate to the satisfaction of the Citv Council that the proiect
meets the requirements for an exceptional proiect as set forth in the Affordable
Housin!! Guidelines.
2. Home occupations:
3. Accessory buildings and uses: and
4. Accessory dwellin!! units meetin!! the provisions of Section 26.520.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 48 of 72
Co Conditional uses. The followings uses are permitted as conditional uses in the Affordable
Housing (AH) zone district. subiect to the standards and procedures established in Chapter
26.425:
I. Park and open use recreation site:
2. Child care center:
3. Satellite dish antennae:
4. Dormitorv: and
5. Transit facilities.
D. Dimensional reauirements. The following dimensional reauirements shall be established bv
adoption of a Final PUD Development Plan and shall applv to all permitted and conditional uses
in the Planned Unit Development:
I. Minimum Lot Size.
2. Minimum Lot Area per dwelling unit.
3. Maximum allowable densitv.
4. Minimum lot width.
6. Minimum front vard.
7. Minimum side vard.
8. Minimum rear vard.
9. Maximum site coverage.
10. Maximum height (including view planes).
II. Minimum distance between buildings on the lot.
12. Minimum percent open space reauired for the building site.
13. Trash access area.
14. Allowable Floor Area.
15. Minimum off-street parking spaces.
16. Other dimensions determined necessary to establish through the PUD process.
Note #1: The maximum allowable densitv permitted in this zone shall be established bv adoption of a
Final PUD Development Plan bv using the following table applied to the proposed fathering parcel as
a guide:
Unit Tvoe Minimum Lot Area* per dwelling unit
( sauare feet)
Dormitorv 300
Studio 400
One Bedroom 500
Two Bedroom 1000
Three Bedroom 1500
3+ Bedrooms 500 !Bedroom
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AMENDED 01/06
Page 49 of 72
Note #2: The allowable floor area oermitted in this zone shall be established bv adootion of a Final
PUD Develooment Plan bv USilll! the following table aoolied to the orooosed fathering Darcel as a
l!Uide:
Fathenng Darcel Lot Area*
0-15.000 sauare feet
15.001-25.000 souare feet
25.001-43.560 sauare feet
> I acre-3 acres
>3 acres-6 acres
acres
* Lot Area as defmed in the Land Use Code. (Ord. No. 55-2000. & 22)
Allowable Floor Area Ratio
1.1:1
li
.8:1
.6:1
,36:1
The felle,..~,iBg FeElHH=emeHts 8:fJfJly 1s eHIflleyee aBasing: units in 8.Bj' L\ffenmble He1:ismg ZaHe Dismat
f)fEJjeet that fisH-utes free marl~et lHlits.
1. Fer empleyee ReNsing c:ie";elBpmeats, tlie eleyelefJer shall flfS".'iele at least a 79%. empleyee
a01:ising'39%. Hee mafket eem]3eHeBt. IB the etBfJleyee aBasing mi.x, at least 19~{, efthe l.ill:its HHlst
be eategeryanitE! v,'itb. aB a":ef8ge flaGS Bet t8 eneeea the HUHEHtUHB pries sf CategefY 1. f\. BHJt af
eategeFies is f'fefeFfea.
Tbi:rty pefsent (30~/v) af t:he emflleyee Reusing l::l:ftits may be elassif.iea as R-esiEleat OeeuJ3ied.
He.~'e\'er, oBly 39~<' af a ]3rejeet's Beareems maj' be leeated \,,;itllln free marltet ltB:its. CategsfY
B0l:lSing ana Resiaeat OemI:fJieEl units Ifttlst 60HlfJrise 79%, af the bedroem m-iJl. Prejeets maj. ee
6eFR~rised of all eategery deed restrieted aF Fesideffi o66apiea 1:HHts. In the e~/eet tdiat Be free market
de~:elepFReflt is prepesea as f)aR of the pfejeet, the limitatieB ea Resideat Oss1:If3iea liIlits and
seW-a am mh, Bliall eat apply.
In order to be eligible for a reduction in the requirement to the level of 60% Employee Housing and 40%
Free Market Housing, the project shall be required to demonstrate to the satisfaction of the City Council that
all of the following criteria have been met:
. The quality of the proposed development subSlaotiaIly exceeds that established in the minimum
threshold for the scoring established in the GMQS Scoring section of the City of Aspen Municipal
Code;
. The proposal maximizes affordability, consistent with housing needs established as priority through
these Guidelines;
. The proposal integrates a mixture of economic levels and housing for a variety of lifestyles (e.g.,
singles, seniors and families):
. The proposal minimizes impacts on infrastructure by incorporating innovative, energy-saving site
design, structural design characteristics or other techniques that minimize the use of water, heating
and sewage disposal;
. The proposal incorporates or integrates with an existing local based economy (i.e., sustainable local
businesses);
. The proposal accomplishes a level of design and site plan ingenuity that advances the community
goals expressed in the Aspen Area Community Plan;
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01106
Page 50 of 72
. The proposed project represents an exceptional commitment to advancing the visions, goals and
specific actions items of the Aspen Area Community Plan, particularly those addressed in the scoring
criteria under the Growth Management Quota System as stated in the City of Aspen Municipal Code;
and
. No RO units are included in the project: ouly category units are included in the project.
In any mixed project that contains an employee housing and a free market component, as a condition of
condominiumization or subdivision rights, voting rights and fees will need to be determined and agreed to
by the APCHA. The Declaration of Covenants must require one vote per unit, and handling of the
homeowners' association dues and the types of improvements the employee-housing component will be
responsible to pay. Homeowners' dues can be based on a sliding scale based on the square footage of the
unit, the number of bedrooms, the cost of the home, or one fee across the board. This will be decided upon
at the time of final approval for the development and incorporated into the Declaration of Covenants. All
projects that involve an employee-housing component shall provide all documents to the Housing Office for
review and approval. All units provided under this Section must meet one or more of the priorities stated
above in Section 1.
SECTION 6
DEDICATION FEE FOR EXEMPT SINGLE-FAMILY HOME
AND DUPLEX UNITS
See Part VII, Section 12, Employee Housing Dedication Fee (payment-in-Lieu Fee) under these
Guidelines.
SECTION 7
RESIDENT OCCUPIED UNITS
This category was created to offer the private sector an incentive to produce employee housing for the
co=unity. RO units shall be occupied by persons and families who qualify as stated below. RO units
shall also be subject to their own deed restrictions recorded prior to the establishment of the RO Guidelines
and are subject to their individual deed restrictions. This includes, but is not limited to, Smuggler Park
Subdivision, Aspen Village, and the AABC Rowhouses. Williams Ranch contains 10 "RO Category 5"
units, which limits gross income to $181,000 and net assets to $424,000.
RO Units shall meet the following criteria:
1. No income requirements, but the total net assets cannot exceed $900,000.
2. Initial Sales Price will be set by the developer.
3. Maximum Resale Price/Appreciation: The maximum resale price is the purchase price plus 3% or
the Consumer Price Index (CPI) appreciation, whichever is less (simple, not compounded) of the
purchase price for each year or portion thereof, that the unit is owned.
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AMENDED 01/06
Page 51 of 72
4. Unit Size: A maximum of 2,200 gross square feet. In addition, a maximum 500 square foot garage
and a ntaXimum 800 square foot basement are permitted. If a larger garage or basement is
constructed, then all square footage over 500 or 800 square feet, respectively, will be considered as
a part of the 2,200 square feet of space allowed.
5. Employment Requirement: Applicants must demonstrate that they are qualified employees and that
they have four years of consecutive full-time employment, as defmed by the Guidelines, in Pitkin
County immediately prior to application. Individuals who are retired are required to demonstrate
that they were qualified employees based upon the definition in these Guidelines for four years
immediately prior to their retirement.
6. 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.
7. Income/Earnings: Applicants must demonstrate that their income/earnings are earned primarily in
Pitkin County (75%). Applicants must demonstrate that they pay Colorado Income Tax as a
Colorado resident.
8. The owner cannot own any other developed residential property in Eagle, Garfield, Gunnison or
Pitkin Counties, or must list for sale, at competitive prices, the residential real estate or mobile
home prior to or simultaneously with closing on the RO unit. Such other develooed orooertv must
be sold to another buver within 180 davs. otherwise. said deed-restricted orooertv must be sold as
stioulated in the deed restriction.
9. Sales and Marketing: The APCHA shall market all RO units the same as the category units, unless
specifically specified in the respective deed restriction, with the exception of the sales fee. The
sales fee charged will be ~+% ofthe sales price.
10. All other qualification requirements as stated in Part ill. Section I. 1 through 4.
Ill). Each owner shall be required to prove compliance with their deed restriction as to employment,
residency, and ownership of other property as specified in the Guidelines and as they are amended
from time to time, by completing the Compliance Affidavit, and providing documentation when
requested.
SECTION 8
NET MINIMUM LIVABLE SQUARE FOOT AGE FOR
NEWLY DEED RESTRICTED EMPLOYEE HOUSING UNITS
Table II sets forth the allowable Minimum Net Livable Square Feet (see Definitions) for each unit type and
category. Developers may choose to construct larger units; however, allowable rent and sale prices for such
larger units may not exceed the maximum set forth in Tables ill and IV.
PLEASE NOTE: Subject to approval by the Housing Office, the minimum net livable square foot
requirements may be reduced. It must be demonstrated that the development satisfies, or is required to
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 52 of 72
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 LIVABLE SQUARE FEET
FOR EACH UNIT TYPE AND INCOME CATEGORY
Unit Tvoe
Studio
I Bedroom
2 Bedroom
3 Bedroom
Single-Family Detached
Categories I & 2
Square Feet
400
600
850
1,000
1,100
Categories 3 & 4
Square Feet
500
700
950
1,200
1,400
Categories 5 & 6
Square Feet
600
800
1,000
1,300
1,700
Category 7
Square Feet
700
900
1,100
1,400
1,900
In order to calculate mitigation requirements. 400 square feet of emplovee housing units shall be used to
equate to one full-time emplovee in determining the required emplovee housing mitigation for the free-
market residential component of a mixed use development. Net Livable Square Footage (see Definitions)
calculations are required for the employee housing component of a project. The Community Development
Department prior to issuance of any building permits for either the free market or employee housing
component of the project must verifY square footage. The Community Development Department shall
retain a set of approved building permit drawings for the project. The Community Development
Department or Housing Office may check the actual construction of the employee housing units for
compliance with the approved building permit plans.
The conditions under which reductions may be made are stated below. However, no reduction greater than
20% of the category minimum will be allowed.
· Significant storage - additional storage outside the unit;
· Above average natura1light - more windows than the Code requires;
· Efficient and flexible layout -limit to space used for halls and staircases;
. Site amenities - pool, near to park or open space, etc.;
. Location within the project - above ground versus ground level or below ground;
. If the applicant can achieve higher density of deed restricted units with this variance.
Square footage adjustments will be subject to APCHA approval. A written analysis and recommendation
will be completed during the Development Review Committee referral. Staff comments will be used in
developing the project's approval ordinance. Applicants will be allowed to appeal decisions to the Housing
Board, followed by City Councilor the BOCC.
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AMENDED 01/06
Page 53 of 72
SECTION 9
MAXIMUM SALES PRICES FOR NEWLY DEED RESTRICTED
EMPLOYEE LOTS AND HOUSING UNITS
Table ill sets forth the maximum sales price for newly deed-restricted employee housing units and employee
lots to the initial purchaser. The maximum resale price of a unit shall be controlled by the Deed Restriction
covering the unit executed by the initial purchaser upon closing of the initial purchase.
TABLE ill - MAXIMUM UNIT SALES PRICES
Unit Tvoe Category I Category 2 Category 3 Category 4
Studio $35,000 $79,000 $132,000 $224,000
I Bedroom $44,000 $95,000 $145,000 $239,000
2 Bedroom $53,000 $117,000 $172,000 $266,000
3 Bedroom $62,000 $144,000 $199,000 $293,000
SF Detached $75,000 $171,000 $226,000 $318,000
SF Lot N/A N/A N/A N/A
Unit Tvoe Category 5 Category 6 Category 7 Category RO
Studio $313,000 $349,000 $391,000 N/A
I Bedroom $339,000 $375,000 $417,000 N/A
2 Bedroom $366,000 $402,000 $444,000 N/A
3 Bedroom $391,000 $427,000 $470,000 N/A
SF Detached $418,000 $454,000 $496,000 N/A
SF Lot $91,000 $127,000 $130,000 $159,700
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 ill, Section 6 herein.
2. Category I, 2, 3 and 4 single-family lots are not allowed. Lot prices for Category 5 through RO
include the cost of access and utilities for the lot as set forth in Part VII, Section 13 herein.
3. Sale units will be offered for sale through the Housing Office to all qualified persons under the
procedures established by the Guidelines.
4. Persons employed by an owner/operator shall be given first priority to purchase employee-housing
units associated with a lodge, agricultural operation, or commercial development, when ownership has
been retained by the owner/operator of the development. Employees must meet the Housing Office's
Guidelines for occupancy, income and assets criteria in order to qualify to occupy the unites). In the
event there are no persons directly employed by the owner who qualify, the unit shall then be offered
to other qualified persons according to the Guidelines. (Employee Housing [AH] Zone development
is exempt from this section.) All resales will go into the general lottery and be sold by the APCHA
per the deed restriction.
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AMENDED 01/06
Page 54 of 72
5. Newly deed restricted employee-housing sales units must be in marketable condition. Properties must
comply with the Uniform Building Code and all rules, regulations, and codes of all goverrunental
utilities and agencies having jurisdiction. Prior to sale, the unit must be inspected and approved by a
certified building inspector, architect or engineer approved by the APCHA. Cost of such inspections
shall be the responsibility of the applicant. The APCHA must approve the results of the inspection.
SECTION 10
MAXIMUM MONTHLY RENTAL RATES FOR NEWLY DEED RESTRICTED
EMPLOYEE HOUSING UNITS
Table N sets forth the maximum montWy rental rates for newly deed-restricted employee housing units.
The rental rates apply and shall be in effect for a twelve (12) month period from the corrunencement date of
the initial lease. Thereafter, the maximum monthly rental rate may be increased only to the extent that the
Guidelines then in effect permit.
TABLE IV
MAXIMUM MONTHLY RENT
Unit Tvoe Category I Category 2 Category 3 Category 4 RO
Studio $421 $748 $1,117 $1 ,482 $2,032
I Bedroom 519 879 1,245 1,626 2,176
2 Bedroom 615 1,009 1,377 1,757 2,307
3 Bedroom 713 1,129 1,510 1,889 2,440
SF Detached 813 1,273 1,639 1,952 2,503
NOTES:
I. Units constructed prior to the effective date of these Guidelines shall charge rents that do not exceed
those set forth in Part VIII, Table VI.
2. Rental rates shall apply whether the units are provided furnished or unfurnished.
3. Rental rates in Table N 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 N for the
tenant's share of such utilities attributable to the tenant's net living area. Tenants shall be responsible
for individually metered utilities.
4. Prior to occupancy of a deed restricted rental unit, the Housing Office must qualifY the tenant. All
verification required under these Guidelines must be provided. The tenant must provide the
ownerllandlord with proof of verification and qualification by the Housing Office prior to occupancy.
The owner shall be required to provide a copy of the lease agreement to the Housing Office for
approval. The Housing Office will approve or deny the agreement within five working days. Leases
shall meet occupancy standards and allowable rental rates, and shall be for a minimum term of six
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 55 of 72
consecutive months. Tenant shall provide an executed copy of the lease to the Housing Office prior to
occupancy.
5. Persons employed by an owner/operator shall be given first priority to rent employee housing units
associated with a lodge, agricultural operation, or commercial development, when ownership has been
retained by the owner/operator of the development. Employees 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 the Guidelines. (Employee Housing [AH] Zone development
is exempt from this section.)
6. All newly deed restricted employee housing rental units must comply with the Uniform Building Code
and with all rules, regulations and codes of all govemmental bodies and agencies having jurisdiction.
The owner of employee housing rental units, at its cost and expense, must keep and maintain the
interior and exterior ofthe total structure (including all residential units therein) and the adjacent open
areas in a safe and clean condition and in a state of good order and repair, reasonable wear and tear
and negligent or intentional damage by tenants excepted.
SECTION 11
REQUIREMENTS FOR DORMITORY/LODGE
(Seasonal Units)
Pursuant to the applicable City or County Land Use Codes, an applicant for a development may, under
certain conditions and subject to certain requirements, satisfy the employee housing requirements by
provision of dormitory/lodge units designed for occupancy by seasonal employees. Acceptance of such
dormitory/ lodge units shall be at the sole discretion of the respective governing body at the
recommendation of the Housing Office. The dormitoryllodge units must satisfy all requirements of the
applicable Guidelines and shall be required to meet the following minimum standards:
1. Occupancy of a dormitory unit shall be limited to no more than eight persons.
2. There shall be 150 or greater net livable square feet of living area per person, including sleeping and
bathroom. For purposes of this requirement, Net Livable 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 dormitoryllodge units and units developed for seasonal
occupancy only pursuant to a plan approved by the Housing Office shall be calculated on the net
livable square footage as described above and computed at the rates set forth on a case-by-case basis.
3. Notes 3, 4, 5 and 6 under Table IV, Part VII, Section 10, apply to Dormitory/Lodge units.
4. At least one bathroom shall be provided for shared use by no more than four persons. The bathroom
shall contain at least one water closet, one lavatory, one bathtub with a shower, and a total area of at
least 60 net livable square feet.
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Page 56 0172
5. 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.
6. Use of 20 net leasable square feet per person of enclosed storage area located within, or adjacent to,
the unit.
7. A manager's or assistant manager's rent shall be calculated based on the income category of the
respective manager.
8. Rents for dormitory units will be set by Special Review on a case-by-base basis, given the unique and
varying characteristics of dormitory units, with affordability as the key issue.
SECTION 12
EMPLOYEE HOUSING DEDICATION FEE
(payment-In-Lieu Fee)
I. Pursuant to the applicable City or County Land Use Codes, an applicant for a development may,
under certain conditions and subject to certain requirements, satisfy the employee housing
requirement by payment of an employee housing dedication fee (payment-in-lieu fee). The number
of employees (employee housing residents) required to be housed is determined by the Employee
Generation schedules contained in the applicable City and County Codes, or included herein. The
time of payment of the fee is prior to the issuance 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.
2. All County fees shall be paid to the Pitkin County Finance Director and all City fees shall be paid to
the City Finance Director. A receipt shall be issued by the Finance Directors to the applicant for
submission to the Community Development Director as verification of payment, with a copy of the
receipt supplied by the developer to the APCHA prior to issuance of a building permit. The number
of employees generated will be dictated by the applicable City and County codes or included
herein. The City and County Codes will prevail in any conflict between the Guidelines and the
Codes. The Employee Generation Table is included in the City Code for the specific zone districts.
3.
Payment-Tn-Lieu Fee:
Category 1
Category 2
Category 3
Category 4
$252,244
$211,045
$199,132
$124,307
The fee required for the construction of an exempt single-family home or duplex unit shall
be calculated as follows:
Average of the Category 2 and Category 3 payment-in-lieu fee as slated in the Table above,
divided by 3,000 square feet X the net increase in FAR of the new structure will equal the
payment-in-lieu payment for replacement structures. The formula assumes that for every
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 57 of 72
3,000 square feet of new single-family or duplex floor area, the public will be required to
provide housing for one moderate income employee. Currendy, that amount is $211,045 +
$199,132 + 2 = $205,089 + 3,000 = $68.36 per square foot of new structure.
When any other payment-in-lieu fee is required and the category is not specified, an average of
Category 2 and 3 will be used to calculate the amount owed.
4. Deferral of the Emplovee Housing Impact Fee: If the owner of a single-family or duplex unit for
which an employee housing impact fee is due is a qualified working resident, as that term is defmed
in the Guidelines, the obligation to pay the impact fee may be deferred, at the owner's request, until
such time as the dwelling unit is sold to a buyer who is not a qualified working resident.
Furthermore, the amount of the impact fee that was deferred shall be recalculated at the time of sale
based on the Guidelines in effect at the time of sale. The obligation for the fee and the procedures
for calculating the fee shall be set forth in a written document, signed by the owner or owners of the
subject dwelling unit, approved by an APCHA representative and the Community Development
Department Director, and recorded in the records of the Pitkin County Clerk and Recorder prior to
the issuance of a Certificate of Occupancy.
5. For the purposes of calculating payment-in-lieu fee, the following occupancy standards shall apply:
TABLE V
OCCUPANCY STANDARDS BY UNIT TYPE
UNIT TYPE
DormitorY/Lodge
Studio
One Bedroom
Two Bedrooms
Three Bedrooms
OCCUPANCY
1.00 employeell50 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.
SECTION 13
CONVEYANCE OF VACANT LOTS
Pursuant to the applicable City or County Land Use Codes, an applicant for a development, under certain
conditions and subject to certain requirements, may satisfy the employee-housing requirement by the
conveyance of vacant lots. Acceptance of the lots shall be at the sole discretion of the respective governing
body upon recommendation of the Housing Office.
I. All lots must be fully developed and ready for construction, i.e., improved lots with water or well,
sewer or septic, roads, and telephone, electricity and gas (if available) in place to the property line.
A soils report, prepared by a qualified engineer and based upon test holes within the building
envelope of each lot, stipulating that the lot is suitable for construction of the intended dwelling
type without requiring unusual excavation, foundation work or accommodation of other unusual
conditions shall accompany the conveyance.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
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2. All lots shall be conveyed to the Housing Office concurrent with recordation of final plat for the
proj ect.
3. At the time of conveyance, the developer shall establish an escrow account in an amount sufficient
to cover 125% of the estimated costs required to complete the improvement of the lots in
accordance with number I above. Improvements as noted in number I above, shall be completed
within one year from the date of conveyance of the property to the Housing Office.
4. The Subdivision Improvements Agreement and the Protective Covenants shall incorporate the
conditions stated in 1,2 and 3, directly above this paragraph.
SECTION 14
DEED RESTRICTING EXISTING DWELLING UNITS
I. Pursuant to the applicable City or County Land Use Codes, an applicant for a development, under
certain conditions and subject to certain requirements, may satisfy the employee housing
requirement by deed restricting existing unrestricted housing to comply with the Guidelines.
Acceptance of existing units shall be at the sole discretion of the respective governing body upon
recommendation of the APCHA.
2. If accepted by the City or County, existing units must be upgraded in accordance with the following
criteria, (unless a variance from these requirements is approved by the applicable governing body
upon the recommendation of the APCHA):
a. The interior walls of all units must be freshly painted.
b. The interior Appliances must be purchased within the last five years and be in good and
working condition.
c. Carpet must be less than five year old and be in good condition and repair, or be replaced.
d. The exterior walls shall be freshly painted within one year of dedication.
e. A general level of upgrade to yards and landscaping shall be provided.
f. Windows, heating, plumbing, electrical systems, fixtures and equipment shall be in good
and working order.
g. The roof must have a remaining useful life of at least ten (10) years.
h. All units shall meet the International Building Code minimum standards, any applicable
housing code or, in the absence of an adequate code, the housing code acceptable to the
APCHA.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 59 of 72
i. All units shall be approved by the APCHA and verified by a qualified Building Inspector
accepted and approved by the APCHA.
J. Applicant shall bear the costs and expenses of any required upgrades to meet the above
standards as well as any structural/engineering reports required by the APCHA to assess
the suitability for occupancy and compliance with the APCHA standards of the proposed
units.
SECTION 15
EXECUTION OF DEED RESTRICTIONS BY APPLICANTS
Deed Restrictions must be submitted by the applicant to the APCHA according to the following time
schedule:
I. Conditional Use Applications - Prior to issuance of~' slIilEliBg llemHtfinal buildinl! inspection or
certificate of occupancv for a caretaker or accessory dwellinl! unit Ilffl:ieet, the APCHA shall have an
approved, executed and recorded Deed Restriction for the required commitment by the applicant. For
anv other proiects. specificallv new subdivisions. new emplovee-housinl! proiects. new developments
reauirinl! filinl! a condominium plat. the deed restriction must be recorded simultaneouslv with the
Final Plat. but prior to Certificate of Occupancv.
2. Growth Manal!ement Plan Applications - Prior to issuance of DBy slIilEIiBg lleFmitfinal buildinl!
inspection or certificate of occupancv for a project, the APCHA shall have an approved, executed and
recorded Deed Restriction for the required commitment by the applicant. A copy of the recorded
Land Use Code and Resolution and Deed Restriction shall be sent to the APCHA. Prior to issuance of
any Certificate of Occupancy, the Deed Restriction shall be amended, if necessary. The amendment
shall reflect changes approved by the APCHA and goveming bodies that may have occurred during
construction or conversion of the unit(s), (i.e., net livable square footage). The amendment will then
be executed and recorded, with the original returned to the APCHA.
3. Others - Prior to issuance of any bl>ilEiiflg llermilfinal buildinl! inspection or certificate of occupancv
for a project, the APCHA shall have an approved, executed and recorded Deed Restriction for the
required commitment by the applicant. A copy of the recorded Land Use Code Resolution and Deed
Restriction shall be sent to the APCHA. Prior to issuance of any Certificate of Occupancy, the Deed
Restriction shall be amended, if necessary. The amendment shall reflect changes approved by the
Housing Office that may have occurred during construction or conversion of the unites) (i.e., net
livable square footage). The amendment will then be executed and recorded, with the original
returned to the APCHA for their files.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 60 of 72
SECTION 16
MAXIMUM VACANCY
Deed restricted rental units are required to be occupied. They may be vacant between tenancies for a
maximum period of forty-five (45) days, unless authorized by the APCHA. lfthe owner exceeds the forty-
five day limit without APCHA approval, then the APCHA will place a qualified employee by advertising
the vacancy in the classified section of the local newspaper on Mondays and Tuesdays. Any interested
party may sign up for that unit in the Housing Office. The sign-up for an advertised unit ends at 3:00 p.m.
that following Wednesday. Staff reviews the sign-up list and contacts the household with the most years
worked full-time in Pitkin County. The interested applicant must provide proof of their work history in
Pitkin County for all the years stated on the sign-up sheet.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 61 of 72
-------/....--..---~..-
PART VIII
MAXIMUM ANNUAL RENT INCREASE FOR
EXISTING DEED RESTRICTED RENTAL UNITS
The maximum monthly rent for an existing employee housing unit is calculated using the maximum
monthly rent permitted under the Guidelines in effect at the time the unit was first occupied. The rent is
increased each year by the maximum percentage permitted by the Guidelines.
Maximum rent increases allowed for existing units are as follows:
TABLE VI
PERMITTED INCREASE IN MAXIMUM RENT
FOR EXISTING EMPLOYEE HOUSING UNITS
Year Increase Year Increase Year Increase
1978-1982 0.0% 1992 2.0% 2000 1.08%
1983 6.6% 1993 1.2% 2001 1.40%
1984 5.0% 1994 1.0% 2002 1.63%
1985 3.3% 1995 1.1% 2003 2.15%
1986-1988 0.0% 1996 .99% 2004 1.6%
1989 4.7% 1997 1.31% 2005 3.0%
1990 3.0% 1998 .73% 2006 3.0%
1991 0.0% 1999 .54%
The 3.0% increase is based on the lesser of the percentage change in the Consumer Price Index (Urban
Wage Earners), November 2004 - November 2005, or 3%, whichever is less. The index increased at the rate
of 3.7% during this period, but because the increase is 3% or the cpr whichever is less, the increase is 3%
for this period of time.
Prior to 2002, operating costs for rental housing, which are subject to the cpr increase, were assumed to be
40% of rental income. In order to maintain the efficient running of existing deed restricted units, rental rates
can increase at the rate of cpr, or 3%, whichever is less, on a yearly basis. Please contact the APCHA for
the actual maximum rental rates available and the APCHA will assist any applicant in determining their
maximum permitted rent.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 62 of 72
PART IX.
GRIEVANCE PROCEDURES
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
foUowing procedures.
I. FILING A GRIEVANCE
A. Any grievance must be presented in
writing to the Housing Office. It may be simply
stated, but shaU specifY: I) the particular
ground(s) upon which it is based; 2) the action
requested; and 3) the name, address, telephone
number of the complainant and similar
information about his/her representative, if any.
B. Upon presentation of a written
grievance, a hearing before the Housing Office
Board of Directors shaU be scheduled for the next
scheduled Board meeting. The matter may be
continued at the discretion of the Board. The
complainant shaU 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 shaU have the opportunity to examine and,
before the hearing at the expense of the
complainant, to copy aU 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.
Aspen/Pitkin County Employee Housing Guidelines
II. CONDUCT OF THE HEARING
A. If the complainant fails to appear at
the scheduled hearing, the Board may make a
determination to postpone the hearing !!! make a
determination based upon the written
documentation and the evidence submitted.
B. The hearing shall be conducted by the
Board as foUows: Oral or documentary evidence
may be received without strict compliance with
the rules of evidence applicable to judicial
proceedings.
C. The right to cross-examine shall be at
the discretion of the Board and may be regulated
by the Board as it deems necessary for a fair
hearing.
D. Based on the records of proceedings,
the Board will provide a written decision and
include therein the reasons for its determination.
The decision of the Board shaU be binding on the
Housing Office that shaU take aU actions
necessary to carry out the decision.
AMENDED 01/06
Page 63 of 72
PARTX
DEFINITIONS
Accessorv Dwelling Unit - The unit must be a
totally private unit, with a private entrance, a full
bath and a kitchen as defmed in these Guidelines.
Also see City of Aspen Land Use Code, Chapter
26.520.070.
Affordable/EmDlovee Housing - Dwelling units
restricted to the housing size and type for
individuals meeting asset, income and minimum
occupancy guidelines approved by the Aspen
City Council, Board of County Commissioners
and/or the Housing Office, whichever shall apply.
Affordable Housing Zone District - See Aspen
Land Use Code, Chapter 26.710.
ASDenlPitkin County Housing Authoritv -
APCHA and/or Housing Office.
Assets - Any thing owned by an individual that
has commercial or exchange value. Assets
consist of specific property or claims against
others, in contrast to obligations due others. See
also definition for Gross Assets and Net Assets.
Basement - As defmed by the applicable City or
County Land Use Code.
Bedroom - Designed to be used for sleeping
purposes that shall contain closets, have access to
a bathroom and meets applicable City or County
International Building Code requirements for
light, ventilation, sanitation and egress.
Buv down Unit - Free-market that the
govemment (Aspen, Pitkin County, Housing
Office) and/or private sector acquired and deed
restricted to employee housing.
CaDital ImDrovements - Unless otherwise
defmed in the Deed Restriction covering the
employee housing unit, any fixture erected as a
permanent improvement to real property
excluding repair, replacement, and maintenance
costs.
Aspen/Pitkin County Employee Housing Guidelines
Caretaker Dwelling Units - The unit must be a
totally private unit, with a private entrance, a full
bath and a kitchen as defmed in these Guidelines.
See Section 3-150-130, County Land Use Code.
Category - Income limits, sales prices or
maximum rental rates as determined by the
APCHA according to household income and net
assets.
Consumer Price Index (CPD - The Consumer
Price Index that is used for purposes of the
Guidelines and for purposes of the Deed
Restriction is the Consumer Price Index - U.S.
City Average and Regions, Urban Wage Earners
and Clerical Workers (CPI-W), All Items
(1967=100). Updated information is received on
a monthly basis from the U.S. Department of
Labor, Bureau of Labor Statistics.
Co-signer - A joint signatory of a promissory
note who shall not occupy the unit unless
qualified by the APCHA.
Deed Restriction - A contract entered into
between the APCHA and the owner or purchaser
of real property identifying the conditions of
occupancy and resale.
DeDendent - a "dependent" is either a
"qualifying child" or a "qualifying relative."
Generallv, a "qualifying child" is: (a) a child
(including stepchild. adopted child. or eligible
foster child), or a sibling (or stepsibling) of the
taxpaver. or a descendant of either; (b) has
resided in the principal abode of the taxpaver for
at least 100 davs out of a calendar vear: (c) has
not attained age 19 (or is a student who has not
attained age 24 as of the end of the vear): and
(d) has not provided more than half of his or her
support for that vear. A child who does not
satisfy the qualifying child definition mav be a
"qualifving relative."
AMENDED 01/06
Page 64 of 72
Generallv. a "qualifying relative" is an
individual who: (a) is a child (including
stepchild. adopted child. or eligible foster child).
a sibling (including stepsiblings). the taxpaver's
father or mother or an ancestor of either of
them. a stepparent. a niece or nephew. an aunt
or uncle. certain in-laws of the taxpaver. or an
individual. other than a spouse. who resides in
the principal abode of the taxpaver and is a
member of the household: (b) has grOSS income
in the relevant calendar vear not exceeding the
exemption amount ($3.200 for 2005): (c)
receives more than half of his or her support for
the vear from the taxpaver: and (d) is not a
qualifying child of anv other taxpaver for the
calendar vear.
f. miRer amid (18 )'OafS er )'81",gerJ ef ether
relatiye ef tile Felitor ef e'Nael' ef lIB eHlj3leyee
hSliSiR-g UBit, ~.~:meh ehild af relati..'e is mkeR ana
!istaEl as a dqJeaaem: fer feaer:al me8mel tml
plH13eses by SHeil FeRtef ef e',','f1ef er IHs ef her
J3F8seat Sf feRBer Sf)0l:lSe (said aepenEleat HHlst
a1ge be related by bleed ef adejllieR-). In the case
of divorced families with children, to obtain a
bedroom, each child shall be used once for
proving minimum occupancy. Should both
parents enter the same lottery, the top winner only
shall be allowed to purchase the unit: the other
parent shall be able to use the child(ren) to obtain
one additional bedroom only. The parent may
request a Special Review to purchase a unit that
has more than two bedrooms.
Disabled Person - .^. jlerseR '."he meets tile
E1eHn#ieR ef "iRdi'.idual witil a disaeility"
6eatamea Hi ass1ilRsatatisa leeated in the
HeHsmg Offiee aaa ebtained by tile Slate ef
Celemde. See definition for Handicap.
Dormitorv - A structure or portion thereof under
single management that provides group sleeping
acco=odations for occupants in one (I) or more
rooms for compensation. Standards for use,
occupancy, and design of such facilities shall be
approved by the APCHA. See Part ill, Sec. 4.
Emergencv Worker - An employee or volunteer
(on call 24 hours/day, 7 days a week for human,
Aspen/Pitkin County Employee Housing Guidelines
life threatening emergencies) of a co=unity
based organization that provides on-scene
assistance giving personal care to victims.
including, but not limited to the following: Fire
Department Workers, Mountain Rescue, Sheriffs
Deputies, Police Officers, Hospital Emergency
Room Technicians, Social Service Workers
(mental health and abuse case workers).
Ambulance Drivers, Emergency Medical
Technicians, Co=unications Dispatchers
through the Sheriffs Office or Police Department,
etc. Emergency Service Department Head
approval is required, whereby the supervisor must
demonstrate the need of that agency to house
another Emergency Worker in the Aspen area by
requesting a formal approval with the Public
Safety Council Housing Subcommittee (see Part
I, Section 1, #8 and Part ill, Section 6,
Exeptions).
Emolovee/Oualified ResidentlBuver - A person
who is employed for an employer as defmed
below on the basis of a minimum of 1,500 hours
worked per calendar year in Pitkin County, which
averages 35 hours a week, 10 months a year; or
32 hours a week, 11 months a year, physically
working in Pitkin County and must reside in the
unit a minimum of nine (9) months out of the
year. If self-employed, the worker must provide
verification of the work done in Pitkin County.
Emolover (Pitkin County Emolover) - A
business whose business address is located within
Aspen or Pitkin County, whose business employs
employees (as defmed herein) within Pitkin
County, who work in Pitkin County, and whose
business taxes are paid in Aspen or Pitkin
County. If an employer is not physically based in
Pitkin County, an employee must be able to
verify that they work in Pitkin County a minimum
of 1500 hours per calendar year for individuals,
businesses or institutional operations located in
Pitkin County.
AMENDED 01/06
Page 65 of 72
Emolovee (Non-Profit) - A person who works/
performs for a non-profit organization.
Employees include artists, performers, musicians,
organizers, bookkeepers, etc., but excluding
construction workers. Non-profit organizations
include any certified non-profit organization
providing services to and located in Pitkin
County.
Emolovee Dwelling Unit - This is a deed-
restricted unit that is required to be rented out.
Also see the Pitkin County Land Use Code,
Section 3-150-120.
Emolovee Housing See defmition for
AffordablelEmployee Housing.
Familv - For purposes of transferring property
only, a family (or immediate family) is defmed as
husband, wife, mother, father, brother, sister, son,
daughter, either biologically or by legal adoption.
Any transfer to a family member must fall under
this definition.
Familv-Oriented Unit - A dwelling unit attached
or detached, 3 bedrooms or more, with direct
ground floor access to a useable yard area.
Fannie Mae (FNMA) - Federal National
Mortgage Association, a quasi-gove=ental
agency that purchases mortgage loans in the
secondary loan market.
Fee Simole Estate - The maximum possible
estate that one can possess in real property;
complete and absolute ownership of indefinite
duration, freely transferable, and inheritable.
Financial Statement - A statement detailing all
personal assets, liabilities, and net worth (the
difference between assets and liabilities) as of a
specific date.
Aspen/Pitkin County Employee Housing Guidelines
Fixture - 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, including property of all kinds,
both real and personal; includes among other
things, patents and causes of action which belong
to any person, as well as any stock in a
corporation and any interest in the estate of a
decedent; also, the entire property of a person,
association, corporation, or estate that is
applicable or subject to the payment of debts.
Gross assets shall include funds or property held
in a living trust or any similar entity or interest,
where the person has management rights or the
ability to apply the assets to the payment of debts.
Gross assets shall not include, pension plans
Gross Income - The total income to include
alimony and child support derived from a
business, trust, employment and from income-
producing property, before deductions for
expenses, depreciation, taxes, and similar
allowances.
Handicao - With respect to a person. a phvsical
or mental impairment. which substantiallv limits
one or more maior life activities: a record of such
impairment: or being regarded as having such
impairment. This term does not include current,
illegal use of or addiction to a controlled
substance. For purooses of these guidelines. an
individual shall not be considered to have a
handicap solelv because that individual is a
transvestite. Further explanations of ''phvsical or
mental impairment". "mai or life activities". and
"has a record of such an impairment" can be
found in the APCHA Office.
Household - All individuals who will be
occupying the unit regardless of legal status
and/or a married couple. whether both will be
living in the unit or not.
AMENDED 01/06
Page 66 of 72
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.
In-ComDlex (In House) Bid - Priority bid
granted to person(s) having lived in their unit in a
given complex for a minimum of one year. If a
new project is built in phases, the in-complex
priority does not go into effect until all employee
housing phasing of the project is completed.
Joint Tenancv - Ownership of real estate
between two or more parties who have been
named in one conveyance as j oint tenants. Upon
the death of one tenant, surviving joint tenant(s)
have the right of survivorship.
Kitchen - For Accessory Dwelling Units and
Caretaker Dwelling Units, a minimum of a two-
burner stove with oven, standard sink, and a
HHmmlHB e eueie fuet refrigerator plus freezer.
The oven must be able to bake and broil and be at
least 5 cubic feet: the sink must measure at least
l4"WXI6"DX5.25"H; refrigerator must be at
least 5.3 cubic feet and include at least a .73 cubic
foot freezer.
Leasehold Interest - A less than fee simple
estate that a tenant possesses in real property.
Lottery - A drawing to select a winner from
equal applicants of highest priority.
Maximum Bid Price - Unless otherwise defined
in the Deed Restriction covering the unit, the
owner's purchase price multiplied by the
appreciation (as permitted by the Deed
Restriction) plus the present value of capital
improvement costs including labor, if profes-
sionally provided, and for which verification of
the expenditure is provided.
Minimum OccuDancv -. One person (with a
leasehold/ownership interest) per bedroom. A
Aspen/Pitkin County Employee Housing Guidelines
minor child or dependent shall be granted equal
status as a person with leasehold/ownership
interest. In a two adult household, both adults
must be working in Pitkin County in order to
qualify for an additional bedroom.
Mortgal!:ee - A lender in a mortgage loan
transaction.
Mortl!:agor - A borrower m a mortgage loan
transaction.
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.
Net Livable Square Footage - 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.
Nondiscrimination Policv - APCHA shall not
discriminate against anvone due to race. color.
creed. religion. ancestry. national origin. sex.
age. marital status. ohvsical handicaos.
affectional or sexual orientation. familv
resoonsibilitv. or oolitical affiliation. resultin(!
in the unequal treatment or seoaration of anv
oerson. or denv. orevent. limit or otherwise
adverselv affect. the benefit of eniovment bv
anv oerson of emolovment. ownership or
occuoancv of real orooertv. or public service or
acco=odations.
On-Site / Off-Site - Location of deed restricted
property used for mitigation purposes: either next
to or attached to the development (on-site) or at a
separate location approved by the Housing Office
(off-site).
PreQualification - A borrower's tentative
mortgage approval from a lender.
AMENDED 01/06
Page 67 of 72
Present Value - For the purposes of these
Guidelines and any Deed Restrictions containing
such terms, the present value shall be the cost or
price of any capital 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 hislher
sole and exclusive place of residence by
accepting permanent employment outside of
Pitkin county, or residing in the unit fewer than
nine (9) months out of any twelve (12)
consecutive months.
Purchaser - A person who is buying or has
purchased a deed restricted unit which is subject
to these Guidelines, and any qualifying potential
purchaser or past owner of any such deed
restricted unit, but only with respect to any issue
arising under these Guidelines.
Oualified Resident - Person( s) meeting the
income, asset, employment, and residency
requirements and property ownership limitations,
including retired and ElioailleAhandicaooed
persons, or dependent(s) of any of these (as such
terms are defmed herein) established by the
APCHA.
ReQualification - Requirements which renters/
tenants and owners of employee housing must
meet bi-annually to ensure continued eligibility.
Resale Al!reement - A contract entered into
between the Housing Office and the owner or
purchaser of real property identifying the
conditions of occupancy and resale (also
co=only referred to as a Deed Restriction).
Retirement Age - Should an owner or tenant of a
deed-restricted unit retire before the age of 65,
that individual must sell the ownership or move
from the deed restricted rental unit. Such
individual may go through Special Review to ask
for a waiver to maintain ownership/occupancy of
hislher unit.
Aspen/Pitkin County Employee Housing Guidelines
Roaring Fork River DrainageIRoaring Fork
VaUev - The Roaring Fork River Drainage
and/or Roaring Fork Valley, as used herein,
includes the Roaring Fork River Valley and the
valleys with tributary streams or rivers, including
the Frying Pan River, the Crystal River,
Snowmass Creek, Capital Creek, Maroon Creek
and Castle Creek and including. but not limited
to. the towns of Asoen. Snowmass Village.
W oodv Creek. Snowmass. Basalt. Meredith. El
Jebel. Carbondale. Redstone. Marble. Glenwood
SPrings.,
Seasonal Emolovee - A person working not less
than 35 hours per week during the Winter Season
(generally November through April) and/or
Summer Season (generally June through August).
Self-EmDloved: You are self-emploved if vou
carry on a trade or business as a sole proprietor or
an indeoendent contractor: vou are a member of
a partnership that carries on a trade or business:
vou are otherwise in business for vourself: and
vou work for Drofit or fees. You must show a
profit on an income tax return at least three out of
everv five vears. The trade or business is
required to provide goods and services to
individuals. businesses or institutional operations
in Pitkin Countv.
SDecial Review Committee - A Special Review
Committee, as established from time to time by
the Housing Office, is composed of three or more
persons -- one person from City staff, one person
from County staff, and a Housing Board member.
The Committee shall have the authority to review
special circumstances with respect to matters
specifically designated in the Guidelines that are
eligible for special review, including, but not
necessarily limited to, the priority system;
fmancial and asset limitations; verifications and
qualifications; self-employment fmancial
considerations; occupancy; admission; etc.
Storage SDace - Space intended and co=only
utilized as location for preservation or later use or
disposal of items. To be used for storage
purposes onlv and shall not contain plumbing
fixtures or mechanical equioment that support the
principal residential use.
AMENDED 01/06
Page 68 of 72
Student - A student enrolled in an accredited
school full-time. and/or an intern who is a student
or recent graduate undergoing supervised
practical training full-time and working in a
temoorary capacity for a Pitkin County business:
and/or a full-time combination of work in Pitkin
Countvand school: such student shall be 18 vears
of age or older.
Tenancv In Common - Co-ownership in which
individual holds an undivided interest in real
property as ifhe were sole owner.
Tenant - A person who is leasing or has leased a
deed restricted unit which is subject to these
Guidelines, and any qualifying potential lessee or
past lessee of any such deed restricted unit, but
only with respect to any issue arising under these
Guidelines.
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 69 of 72
APPENDIX A
MAXIMUM INCOMES BY CATEGORY
(January 2006)
Maximum rental incomes are different than maximum sales incomes. Due to the nature of the working
adult in Pitkin County and the wages that are required to maintain a consistent employee base, the APCHA
and Housing Board have recognized the need for a higher allowable income adjusted by the number of
adults and the bedroom mix. Maximum sales incomes are not attributed to the number of bedrooms, but
will remain the same per household, with an adjustment to dependents only.
However, should a household's net assets exceed $900,000, that household will be ineligible for deed-
restricted housing.
No. Of Adults
Maximum Incomes for RENTAL Units Only
(See Income Verification, Part II, Section 2, No.1)
Cate 0 I Cate 0 2 Cate 0 3
One Adult
Two Adults
Three Adults
Net Assets not in Excess of
$30,000
44,000
52,000
100,000
$47,000
70,000
82,000
125,000
$76,000
114,000
133,000
150,000
Maximum Incomes for SALES/OWNERSffiP Units Only
(See Income Verification, Part ill, Section 2, No.1)
Cate 0 I Cate 0 2 Cate 0 3
$30,000 $47,000 $76,000
37,500 54,500 83,500
45,000 62,000 91,000
52,500 69,500 98,500
100,000 125,000 150,000
No. OfD endents
o Dependents
1 Dependent
2 Dependents
3 or More Dependents
Net Assets Not in Excess of
Cate 0 4
$123,000
184,000
214,000
175,000
Cate ory 4
$123,000
130,500
138,000
145,500
175,000
Maximum Incomes for SALES/OWNERSHIP Units Only
(See Income Verification, Part ill, Section 2, No.1)
No. of Dependents Category 5 Category 6 Category 7 Category RO
o Dependents $132,000 $145,000 $159,000 N/A
I Dependent 139,500 152,500 166,500 N/A
2 Dependents 147,000 160,000 174,000 N/A
3 or More Dependents 154,500 167,500 181,500 N/A
Net Assets Not in Excess of 200,000 225,000 250,000 $900,000
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 70 of 72
APPENDIX B
CHART OF PRINCIPAL OWNERSHIP PROJECTS
PROJECT NAME No. & Type of Units Max. Income Category Required Residency
1000 East Hopkins 3 2-Bedroom Units Category 4 Per Gnidelines
AABC Pitkin Park Place 14 Condos-I, 2 & 3 Bedrooms Category I, 3 & RO Per Guidelines
AABC Rowhouses 12 Townhomes No Income Guidelines See Covenants
Alpine Cottages 10 Townhomes Category 4 and RO Per Guidelines
Alpine Grove I 2-Bedroom Category 3 Per Guidelines
Annie Mitchell Homestead 39 I-Bedrooms Category 2 & 3 Per Guidelines
Aspen Highlands Village 67 Units Category I, 2, 3 & 4 Per Guidelines
Aspen Village Subdivision 150 Units Resident Occupied See Deed Restriction
Aspen West #5 I 2-Bedroom Category 3 Per Guidelines
Bavarian Inn Condos 19 Studios I, 2 & 3 Bedrooms Category 2, 3 & 4 Per Guidelines
Benedict Commons 27 Studios & I-Bedrooms Category 2, 3 & 4 Per Guidelines
Billings Place 7 Studios, 2 & 3 Bedrooms Category 2, 3 & 4 Per Guidelines
Castle Creek Valley Ranch 4 Single-Family Homes Category 4 Per Guidelines
Cemetery Lane (City) 3 Duplex Units RO - City of Aspen Employment City of Aspen Emp.
Centennial 92 Studios, 1, 2 & 3 Bedrooms Category 4 Per Guidelines
Chapparral Ranch 3 SFH, 4 2-Bedrooms (2 duplexes) Category 4/5 Employees of Ranch
Cipriano-Taylor I Duplex Unit RO Per Deed Restriction
Common Ground 21 T ownhomes (land lease) Category 2 & 3 Per Guidelines
CurtOD Condos I 3-Bedroom Category 4 Per Guidelines
East Cooper (1230) I Single-Family Home --'- Category 4 Per Guidelines
East Cooper Court 2 Single-Family Homes Category 3 & RO Per Guidelines
East Hopkins 4 Townhomes Category 4 Per Guidelines
East Owl Creek 4 Single-Family Homes Category 4 Per Guidelines
Fairway III 30 Townhomes Category 4 Per Guidelines
Five Trees 31 Single,Family Homes Category 3 & 4 Per Guidelines
HigWand Villas 162-Bedrooms Category 4 Per Guidelines
Hopkins Roan 2 I-Bedroom & 2-Bedroom Category 3 & 4 Per Guidelines
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 71 of 72
PROJECT NAME No. & Type of Units Max. Income Category Required Residency
Hunter Creek 79 Condominiums Category 1, 3 & 4 Per Guidelines
Juan Street 6 Units: 2 Duplexes, 2 SFH Category 3 & 4 Per Guidelines
Lacet Court (East Cooper) 14 Townhomes/SFH Category 3, 4 & RO Per Guidelines
Lazy Glen 100 Mobile Homes! Own Land RO Per Deed Restriction
tittle Victorian/634 W. Main II-Bedroom Category 3 Per Guidelines
Lone Pine 28 Condominiums Category 4 Per Guidelines
Maroon Creek Club/1I51 Tiehack I Single-Family Home Category I Per Guidelines
Marthinsson-Nostdah1 10 Condominiums Category 3 & 4 Per Guidelines
Midland Park 37 Condominiums Category 4 Per Guidelines
North 40 72 - 59 SFH, 13 Townhomes RO Per Guidelines
Oh-Be-Joyful 5 Single-Family Homes Category 3 Per Guidelines
Park Avenue - 407-B I 3-Bedroom Category 4 Per Guidelines
Park Circle / 425 A-I I 2-Bedroom Category 2 Per Guidelines
Park Place - 411 E. Cooper 2 I-Bedrooms Category 4 Per Guidelines
Pitkin Iron 15 Units Category 2, 3 & 4 Per Gnidelines
Red House Enclave 6 1,2 & 3 Bedrooms Category 2 & 3 Per Gnidelines
Sagewood Condo I 2-Bedroom Category 4 Per Guidelines
Seventh & Main 12 Units; II I-Bdrm; I 2-Bdrm Category 2 & 3 Per Guidelines
Shadow Mountain OOA 1 3,Bedroom Category 3 Per Guidelines
Shady Lane Condominium 1 3.Bedroom Category 4 Per Guidelines
Smuggler Cove 3 2,Bedroom & 3-Bedroom Category 2 & 4 Per Guidelines
Smuggler Park Subdivision 87 Single-Family (Modular) RO Per Deed Restriction
Smuggler Run 17 Single-Family (Modular) Category 4 Per Guidelines
Snyder 151-and3-Bedrooms Category 2, 3 & 4 Per Guidelines
Sopris Creek Meadows (Cabins) 6 Units - SFH & Duplexes Category I & 3 Per Guidelines
.Stillwater 13 Units-I & 3-Bedrooms Category 2,3,4 & 5 Per Guidelines
Tom Thumb 3 Studios Category 3 Per Guidelines
Trainor's Landing (aka Barbee) 7 Units - SFH & Duplexes Category 4 & RO Per Guidelines
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 72 of 72
PROJECT NAME No. & Type of Units Max. Income Category Required Residency
Twin Ridge 12 Townhomes: 13 SFH Category 4 Per Guidelines
Two Moon 1 Single-Family Home Category 4 Per Guidelines
Ute Park 7 Townhomes Category 3 & 4 Per Guidelines
Valley Condo /1135 Cemetery Lane 13-Bedroom Category 3 Per Guidelines
Victorians at Bleeker 5 Condominiums Category 4 & RO Per Guidelines
Villas at Elk Run, Basalt 2 - I I-Bedroom I 1 3-Bedroom Category 2 & 4 Per Guidelines
Vincenti Condos 2 - Studio & I-Bedroom Category I Per Guidelines
Water Place (City) 22 - Studio, 1, 2 & 3 Bedrooms City of Aspen Employment City of Aspen Emp.
West Hopkins 11 Townhomes Category 2 & 3 Per Guidelines
Williams Ranch 35 Units t Category 2,3,4, RO-5 & RO Per Guidelines
Williams Woods 18 Townhomes Category 2 & 3 Per Guidelines
Winfield Anns I Studio Category 2 Per Guidelines
W IJ Ranch 56 Single-Family Homes Category 4 & RO Per Guidelines
Woody Creek Mobile Home Park 58 Mobile Homes Category 6 Per Guidelines
TOTAL 1,346 Units
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 73 of 72
APPENDIX C
CHART OF PRINCIPAL RENTAL PROJECTS AND REQUIREMENTS
PROJECT NAME No. & Type of Units Max. Income Category Required Residency
715 CEMETERY LANE I Units School Dis!. Priority Per Ordinance
985 MAROON CREEK (City) I 2-Bedroom City of Aspen Employment Per Ordinance
AABC APARTMENTS 8 Units Category 3 - School Dis!. Priority Per Deed Restriction
ALPINA HAUS 44 Units . RO Per Deed Restriction
ANDERSON PARCEL I Units Category 3 Per Guidelines
ANIMAL SHELTER (AABC) 2 Units Category 2 Per Guidelines
ASPEN CONSOLIDATED SAN. DISTRICT 9 Units ACSD EMPLOYEES ONLY Per Guidelines
ASPEN COUNTRY INN 40 Units Category I & 2 Per Guidelines
ASPEN HIGHLANDS VILLAGE 8 Roomsl13 Dorm Rooms Category I & 2/RO Per Guidelines
ASPEN RECREATION CENTER II-Bedroom Category 2 Per Guidelines
ASPEN V ALLEY RANCH 7 Units Category I & 3 Per Guidelines
BEAUMONT 24 Units Hospital Priority Per Deed Restriction
BELL MOUNTAIN LODGE 5 Units Category 2 Per Guidelines
BRUSH CREEK 2 Units Category RO Per Guidelines
BURLINGAME - Permanent 8 Units Category 2 Per Guidelines
Seasonal 92 Units (184 beds)
CASTLE RIDGE 80 Units Category 3 Per Guidelines
CENTENNIAL 148 Units Category 3 Per Guidelines
CITY PLAZA BLDG. 4 Units Category I Per Resolution
CLARENDON (625 WEnd St) I Unit Category 3 Per Guidelines
COMCAST (AABC) 8 Units Category RO Per Guidelines
~OPPER HORSE 13 Units NI A - Resident Occupied Per Resolution
CORTINA (Hotel Jerome) 16 Units Category I Per Resolution
GUIDO'S 3 Units Category 3 Per Guidelines
HEATHERBED 21 Dorm-Style Units RO Per Deed Restriction
HOLIDAY HOUSE 35 Dorm-Style Units RO Per Deed Restriction
HOPKINS I Units Category 2 Per Guidelines
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 74 of 72
PROJECT NAME No. & Type of Units Max. Income Category Required Residency .
HUNTER LONGHOUSE 33 Units Category 3 Per Guidelines
ISIS 2 Units Category 3 Per Guidelines
KATY REID 2 Units Category 3 Per Guidelines
LAZY GLEN 3 Units Category 3 Per Guidelines
MAROLT HOUSE (City) I Unit City Employee Per Guidelines
MAROLT RANCH - Pennanent 4 Units Category 3
Seasonal 96 Units Pitkin County Employee Per Guidelines
MAROON CREEK CLUB 42 Units Maroon Crk Club Priority Per Guidelines
MILL STREET STATION 7 Units Category 3 Per Guidelines
MILL STREET PLAZA 3 Units Category RO Per Guidelines
MOCKLIN 7 Units Category I, 2 & 3 Per Guidelines
MOUNTAIN OAKSIHOSPIT AL 21 Units Hospital Priority Per Hospital
PITKIN CENTER BLDG. (520 E. Hyman) 4 Units Category 3 Per Guidelines
PUPPYSMITH APARTMENTS 18 Units Resident Occupied Per Resolution
RITZ (Prospector) I Unit Category 2 Per Guidelines
RIVER GLEN (1015 E. Durant) 12 Units Category I & 2 Per Guidelines
RIVER PARK 3 Units Category 2 & RO Per Guidelines
ST. MORITZ . 2 Units Category 3 Per Guidelines
SEGUIN (Range Restaurant) 2 Units Category 2 Per Guidelines
SMUGGLER MTN APARTMENTS II Units Category I Per Guidelines
STARRY PINES 2 Units Category 2 Per Guidelines
SUNDECK 2 Units Category 2 Per Guidelines
TENTH MOUNTAIN 2 Units Category 3 Per Guidelines
TOWNE PLAZA 4 Units Category 2 & 3 Per Guidelines
TRUSCOTT PLACE 108 Units RO & Category 3
TRUSCOTTPLACELLLP 87 Units Category 2 & 3 Per Guidelines
ULLR LODGE 26 Units Category 3 & 4 - Employer Owned Per Guidelines
UTE CITY PLACE 22 Units Category 2 & 3 - 51. Regis Priority Per Gnidelines
WATER PLACE (City) 3 Units City Employee Per Guidelines
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 75 of 72
PROJECT NAME No. & Type of Units Max. Income Category Required Resideucy
WEST RANCH (School District) 10 Units Category 4 - School District Per Gnidelioes
TOTAL 955 Units Pennanent
282 Units Seasonal
1,237 Units
AspenfPitkin County Employee Housing Guidelines
AMENDED 01/06
Page 76 of 72
APPENDIX D
LISTING OF PRINCIPAL RENTAL PROJECTS
AND PROPERTY MANAGERS
(as of January 2006)
Aspen Country Inn
Cindy Tucker-Davis, Property Manager
AspenIPitkin County Housing Authority
530 E. Main, Aspen, CO 81611
(970) 925-2700; 920-1745 Fax
Hunter Longhouse Apartments
Terry Kappeli, Property Manager
10 1 Lone Pine Road, Aspen, CO 81611
(970) 963-6494
AABC Apartments
Austin Laurence Partnership
Contact person: Tamara Rauch
Aspen, CO 81611
(970) 920-4988 XII
Marolt Ranch (Seasonal Housing)
John Mickles, Property Manager
AspenlPitkin County Housing Authority
530 E. Main, Aspen, CO 81611
(970) 920-3499 (Jan.-May & Sept.-Dec)
(970) 920-0849 Fax
Alpina Haus
Kevin DeCarlo, Property Manager
935 East Durant, Aspen, CO 81611
(970) 920-3975; 920-2396 Fax
Maroon Creek Apartments
Stephanie Thurston, Property Manager
305 Stage Court, Aspen, CO 81611
(970) 544-1885; 544-0558 Fax
Burlingame Seasonal Housing
Bill Dillon, Property Manager
050 Harmony PI., Aspen, CO 81611
(970) 920-0171
North Mill Station
M&W Realtors, Attn: Debbie
355 Puppysmith, Aspen, CO 81611
(970) 925-8032; 925-6995 Fax
Castle Ridge Apartments
Maxine Jacobs, Resident Manager
1175 Doolittle Circle, #603
Aspen, CO 81611
(970) 925-6851; 925-6851 Fax
Smuggler Mountain Apartments
Bruce Nethery, Property Manager
AspenlPitkin County Housing Authority
530 E. Main, Aspen, CO 81611
(970) 379-6048; 920-5580 Fax
Centennial Apartments
Kim Keilin, Property Manager
100 Luke Short Ct, Aspen, CO 81611
(970) 925-1876; 920-2691 Fax
Truscott Place Apartments
Bruce Nethery, Property Manager
AspenlPitkin County Housing Authority
530 E. Main, Aspen, CO 81611
(970) 920-5\39; 920-5358 Fax
Copper Horse
Kevin DeCarlo, Property Manager
328W. MainSt.,Aspen, CO 81611
(970) 920-3975; 920-2396 Fax
Truscott LLLP - Phase II Units
Janet Kraznoff, Property Manager
AspenlPitkin County Housing Authority
530 E. Main, Aspen, CO 81611
(970) 544-8035; 544-4854 Fax
HigWands Village (Seasonal)
Steve Elliott, Property Manager
0115 Boomerang Rd. #520 lD
Aspen,CO 81611
(970) 920-1776; 925-4349 (Fax)
Aspen/Pitkin County Employee Housing Guidelines
AMENDED 01/06
Page 77 of 72
MEMORANDUM
b
TO: Mayor Klanderud and Aspen City Council
THRU: Chris Bendon, Community Development Director~(jV)
FROM: Jennifer Phelan, Long Range Planner~
RE: Dodaro Subdivision and Planned Unit Development Amendment (920 & 930
Matchless Drive) - First Readinl! of Ordinance 2006 -1/ . Series 2006
MEETING
DATE: March 27, 2006
ApPLICANT /OWNER:
Christine Dodaro, Peter Dodaro, and Shirley
Peterson, Trustee - Shirley H. Peterson Living
Trust
SUMMARY:
The Applicants request Subdivision and Planned
Unit Development Amendment to subdivide the
one lot into two lots and set the minimum or
maximum dimensional requirements.
PHOTO: 920/930 Matchless Drive
REPRESENTATIVE:
Kim Raymond, Kim Raymond Architects
LOCATION:
920 and 930 Matchless Drive, Condominium Units
1 and 2. Alpine Acres Townhouse Condominiums
No.5 (formerly known as Lot 5, Alpine Acres
Subdivision)
CURRENT ZONING & USE
Medium-Density Residential (R-6) zone district
with a Planned Unit Development Overlay,
consisting of two detached residential dwellings on
the lot. Both structures are Historic Landmark
Properties.
PROPOSED LAND USE:
920 Matchless is proposed to accommodate two
detached residential dwellings, while 930
Matchless is proposed to accommodate a detached
residential dwelling and a voluntary accessory
dwelling unit.
ST AFF RECOMMENDATION:
Approval with conditions.
"'..'"'"_...."..,....~--._.,"~-_._._-"~~--<._~ .
LAND USE REOUESTS:
The Applicants have asked the Community Development Director to combine the review
procedures for the multiple land use requests (Land Use Code (LUC) Section 26.304.060 B.1.,
Combined Reviews). Also, the Applicants are requesting to consolidate Conceptual/Final
Planned Unit Development (LUC Section 26.445.030 B.2., Consolidated Conceptual and Final
Review). Staff believes that the combination of reviews will reduce duplication in the amount of
review time and will ensure the clarity of the final decision. Therefore, the Community
Development Director has allowed for the combining of reviews and a two-step consolidated
Planned Unit Development (PUD) process on this particular proposaL The Applicants are
requesting the following land use approvals for the site:
. Subdivision for the division of land into two lots pursuant to Land Use Code Section
26.480 (Citv Council is the final review authority after considering a recommendation
from the Planning and Zoning Commission).
. Planned Unit Development Amendment to establish the mmlmum or maximum
Dimensional Requirements for the minimum side yard setback, minimum front yard
setback, and the maximum Allowable Floor Area for each lot pursuant to Land Use Code
Section 26.445, Planned Unit Development. (City Council is the final review authority
after considering a recommendation from the Planning and Zoning Commission).
PROJECT SUMMARY:
The Applicants (Peter and Christine Dodaro, owners of 930 Matchless and Shirley Peterson,
owner of 920 Matchless) have requested approval to subdivide the existing lot into two lots (Lot
5A _ 930 Matchless and Lot 5B - 920 Matchless) so that each existing detached dwelling is
located upon its own lot. Both buildings are designated Historic Landmarks and as such are
allowed certain reduced dimensional standards in the underlying Medium-Density Residential
(R-6) zone district for minimum lot size, minimum lot area per dwelling unit, and minimum lot
width.
Lot 5A (930 Matchless) is proposed as an 8,636.5 SF lot to be developed with an addition to the
existing residence and a detached garage with a voluntarv accessory dwelling unit (ADU) above
the garage. Any development involving designated historic property requires review and
approval by the Historic Preservation Commission (HPC). The design of the addition to the
existing residence and the detached garage/ADU building has been reviewed and approved by
the Historic Preservation Commission with recommendations for granting variances to the
minimum required side yards. Dimensional variances from the underlying zone district shall be
set through the PUD Amendment. Additionally, the HPC granted a 500 SF floor area bonus for
an "outstanding preservation effort" for 930 Matchless which mayor may not be necessary to
apply on proposed Lot 5A depending on the allowable floor area allowed for the lot.
Lot 5B (920 Matchless) is proposed as a 7,756.7 SF lot containing the existing residence and be
developed in the future with a second detached residence.
The following table compares the proposed development dimensions with the dimensional
requirements of the Medium-Density Residential (R-6) zone district. Shaded cells indicate a
variation from either the underlying zone district or from Ordinance 35 (Series 1987):
Page 2 of8
_._---""_.-..._-_.._-----~~.-...-
T bl 1 C
fP
d
R . dD'
lR
t
a e ompanson 0 ropose vs. eqUlre ImenSlOna eqUlremen s
Dimensional Proposed Dimensional Underlying:R..6 ZOne District Requirements
Requirement Requirements
Lot SA LotSB
930 920
Matchless Matchless
Minimum Lot 8,636.5 SF 7,756.7 SF 3,000 SF'
Size
Minimum Lot 52 Feet 31.85 Feet 30 Feetl
Width
Minimum Lot 8,636.5 SF 3,878.35 SF 3,000 SFl
Area/Dwelling
Minimum Front 23.8 Feet 21.6 Feet 25 Feet"
Yard Setback
Minimum Side A minimum A minimum Lot 5A Lot 5B
Yard Setback of2.5 Feet of3.92 Feet Min. Side Yard: 10 Feet Min. Side Yard: 5 Feet
Total Side Yards): 28.18 Total Side Yards): NA
Minimum Rear 10 Feet and 10 Feet and 10 Feet - Principal bldg.
Yard Setback 5 Feet 5 Feet 5 Feet - Accessory bldg.
Maximum Height 25 Feet 25 Feet 25 Feet
Floor Area Ratio 3,486 SF 3,485.9 SF4 A maximum of2,486 SF per dwelling unit"
(FAR)
Minimum Off- 3 Spaces 4 Spaces Residential- Single-farnilv and duplex: lesser of
Street Parking (2 for free (2 each for one space per bedroom or two spaces per unit
market unit free market Residential- Accessorv Dwelling Units and
& 1 for units) Carriage Houses: One space per unit
ADU)
Notes: Shaded blocks indicate a difference from the underlying zone district or Ordinance 35 (Series
1987) and where the PUD Amendment would allow deviation, if approved.
1 - For Historic Landmark Properties.
2 - Conditions imposed upon the property by ordinance 1987-35.
3 _ The R-6 zone district requires a total side yard setback of both side yards in addition to a minimum
for each. Additionally, two detached residential units on one lot (as proposed for Lot 5B) are not
required to meet the total side yard setback, provided there is a minimum of ten (10) feet between the
two detached buildings.
4 _ Total floor area for multiple detached dwelling units on a lot less than nine-thousand square feet
listed on the Inventory of Historic Landmark Sites and Structures shall not exceed the floor area
allowed for one detached residential dwelling.
In order to create the two lots as proposed by the owners of 930 Matchless and the owner of 920
Matchless, the PUD needs to be amended in the following ways:
1) The minimum setbacks for the side yards will need to be allowed to be less than
what is allowed in the R-6 zone district; and,
2) The existing PUD minimum front yard setback should be amended to accommodate
the existing location of both historic structures; and,
Page 3 of8
3) The PUD will need to allow the floor area to be calculated using the underlying (R-6)
standards for 920 Matchless and to set the floor area of 930 Matchless at 3,486 square
feet (less than what the underlying R-6 zone district would allow); and,
4) Finally, with the future development of Lot 5B, the Applicants would like to request
that the PUD ordinance allow for the HPC to grant any necessary variances from
required minimum setbacks or parking standards and to have the ability to allow Lot 5B
to be eligible for a 500 SF floor area bonus if the future development proposal is deemed
an outstanding preservation effort by the HPC in the future.
The Planning and Zoning Commission recommended approval of the subdivision of the lot into
Lots 5A and 5B with the passage of Resolution 6 (Series 2006). With regard to the PUD
Amendment, the Commission recommended approval in setting the minimum front and side yard
setbacks as requested by the Applicants. The Commission recommended that the allowable floor
area for Lot 5A (930 Matchless) be set at 2,486 SF with the ability to land the 500 SF HPC
bonus and for the allowable floor area of Lot 5B (920 Matchless) to be set at 3,485 SF.
Additionally, the Commission recommended that with the future design and redevelopment of
Lot 5B, the HPC be allowed to grant any additional variances from required setbacks or parking
waivers.
History of Alpine Acres Subdivision and the effect of Ordinance 1987- 3S
To better inform the City Council of the land use history on the subject property, the following
summary is provided:
. The City annexes Alpine Acres Subdivision, Block 1, Lots 1-5 in 1976 (Ordinance 33).
Three of the lots (I, 4, & 5) have a duplex building on them. Both Lots 4 and 5 have two
small Victorians on each lot that are connected by a garage, therefore considered a
duplex. Two lots are unimproved (Lots 2 & 3). Ordinance 1976-69 zones the almexed
land Moderate-Density Residential (R-15).
. As part of the annexation, a domestic well is conveyed to the city that serves Lots 1, 4,
and 5 as part of an annexation agreement. The agreement allows the lots within the
subdivision to use the well water for irrigation/decorative purposes once Lots 1, 4, and 5
connect to city water. The well is currently located on Lot 5 and due to its close
proximity to the proposed addition to 930 Matchless, is proposed to be abandoned or
relocated.
. In 1977 Lots 1, 4, and 5 are condominiumized.
. In 1986, the owners of condominiumized Lot 4 (Bishop& Dunn) which contains two
detached residential buildings, submit a request for subdivision exemption for a lot split
to subdivide Lot 4 into two separate lots. During review of the application Staff
determines that there is a clerical error on the Official Zone District Map as Alpine Acres
Subdivision is shown as Medium-Density Residential (R-6) rather than Moderate-
Density Residential (R-15), as it was originally zoned.
The minimum lot size requirement in 1986 for the R-15 zone district does not allow Lot
4 to be subdivided into two lots. As a result, all of the lot owners in Alpine Acres apply
for rezoning to R-6 and Lot 4 requests a lot split. The property owners within the
Page 4 of8
subdivision propose a voluntary allowable floor area cap of 2,500 per dwelling unit,
which is similar to the per dwelling unit allowance for a duplex in the R -15 zone district
for the existing lot sizes within Alpine Acres. The number is negotiated to a maximum of
2,486 SF per dwelling unit in Ordinance 35 (series 1987).
In conjunction with the rezoning of the property from Moderate-Density Residential (R-
15) to Medium-Density Residential (R-6), a PUD overlay is placed upon Lots 4 and 5
which sets the minimum front yard setback for Lot 4 (subsequently Lot 4A and 4B) and
Lot 5 at twenty-five (25) feet. The PUD overlay also sets the minimum lot width for Lots
4A and 4B. .
. In 2002, a PUD Amendment is submitted by the owner of Lot 4A to allow his property to
be eligible for a 500 SF floor area bonus for an outstanding preservation effort. The
anlendment is approved which allows Lot 4A a maximum floor area of2,986 SF.
STAFF COMMENTS:
SUBDIVISION:
The Applicants are requesting subdivision approval to create two lots (Lots 5A and Lot 5B) from
one lot (Lot 5) which requires approval of subdivision.
In reviewing the subdivision portion of the application, Staff believes that the proposal meets the
applicable subdivision review standards established in Land Use Code Section 26.480.050,
Review Standards. Staff feels that the proposal is consistent with the infill develovment goals
established in the 2000 Asven Area C'ommunitv Plan (AACP).
PUD Amendment:
A Planned Unit Development is a process in which a site specific development plan is created
which encourages flexibility and innovation in the development of the land and promotes
objectives outlined in the LUC and goals of the AACP by allowing the variation of the
underlying zone district's dimensional requirements. The parcel currently exists with a PUD
overlay; however, based upon the new development proposal the PUD must be amended and
dimensional requirements established. The applicant is requesting that minimum setbacks and
allowable floor area be varied.
Minimum Setbacks: The Applicants have requested to reduce the minimum side yard setback
requirement for proposed lot SA and 5B. Due to the existing location of the two residences, an
amendment to the required minimum front yard setback should also be considered.
Based upon the proposed lot size, the underlying zoning requires Lot SA (930 Matchless) to have
a minimum side yard setback of ten 10 feet and a combined setback of 28.18 feet. Both the
proposed addition to the single-family residence and the new detached garage/ADU have been
reviewed and approved by the Historic Preservation Commission (HPC) and the HPC is
recommending approval of the reduced setbacks. As approved by the HPC, the single-family
residence requires a 2'- 6" minimum setback from the proposed west property line and a
minimum combined setback of IT-T'. The detached garage/ADU requires a 5'- 4" minimum
setback trom the proposed west property line and a 6'-2" minimum setback from the east
property line. A combined minimum setback of 11'-T' is necessary for the garage/ADU.
Additionally, the existing PUD overlay requires a minimum front yard setback of twenty-five
Page 5 of 8
feet rather than ten feet as allowed by the underlying zone district. The present building sits at
23.8'.
Lot SB (920 Matchless) requires a minimum side yard setback of five (S) feet, based upon the
proposed lot size, but will not require a combined setback if developed with two detached
residential dwellings as long as the buildings are a minimum of ten feet apart. The existing
structure is proposed to be 3-11" from the proposed property line. The current PUD overlay
requires a minimum front yard setback of twenty-five feet which is not met by the existing
structure which sits at 21.6'.
Staff feels that the historic desiznation of both existinz buildinzs and the required review and
avvroval of' anv exterior alterations bv the Historic Preservation Commission to maintain the
historic intezritv of the vrovertv warrants the zrantinz of'the vrovosed setbacks and anv future
setback variances zranted bv the HPC.
Allowable Floor Area: As noted previously, Ordinance 3S (series 1987) restricts the floor area
allowed per dwelling unit in the subdivision. The ordinance states that, "Each Dwelling Unit in
Alpine Acres shall be restricted to a maximum countablejloor area of 2, 486 square feet. " It is
Staff s interpretation that the language in the ordinance imposes a maximum floor area of 2,486
square feet per dwelling unit. When determining the floor area, if the calculated floor area is less
than 2,486 square feet per dwelling unit, the floor area allowed would be the lesser number. If, in
calculating the floor area, the number is greater than 2,486 square feet per dwelling unit, the
allowable floor area would be capped at 2,486 square feet per dwelling unit. The Applicants are
requesting that the City Council grant the allowable floor area for Lot SB (920 Matchless, owned
by Shirley Peterson) be in conformance with the underlying Medium-Density Residential (R-6)
zone district, which is also in conformance with Ordinance 35 (Series 1987). With regard to Lot
SA (930 Matchless, owned by the Dodaros), the Applicants are requesting the allowable floor
area be set at 3,486 SF, which is greater than what Ordinance 35 (series 1987) allows but less
than what the underlying R-6 zone district would permit.
There are a number of options that the City Council may consider in determining the allowable
floor area for both lots. Two options, at either end of the spectrum, are identified below:
1) The Council may determine that the allowable floor area voluntary cap included in the
rezoning ordinance (1987-35) should continue to run with the land. In 1987, there was
concern over the larger floor area that would be allowed with rezoning the property to R-
6 and its impact on the existing Victorians. The property owners at the time of the
rezoning voluntarily offered and agreed to the cap.
Under this scenario, Lot SA's allowable floor area for the single-family residence would
be capped at 2,486 SF. The HPC approved design for the residential addition and
detached garage/ADU requires an allowable floor area of 2,986 SF. If the Council
determines that Lot SA be limited to 2,486 SF of allowable floor area, the Applicants (in
this case the Dodaro's) will need to secure the SOO SF floor area bonus granted by the
HPC for Lot SA. Only one HPC bonus can be granted from a parent parcel. Lot SB (920
Matchless) which is owned by Shirley Peterson is proposed to have two free market units
on it at some point in the future. With a 7,7S6.7 SF lot, the underlying zoning would
allow a floor area of 3,48S.9 SF (which also meets the requirement of Ordinance 3S,
Series 1987).
Page 6 of 8
....----...,....-- ._..,..~_.._.--,--~-'.~'-'~-'-~~.,. .-
2) The Council could determine that the proposed allowable floor areas for the lots be
determined by the underlying zone district requirements. In establishing the dimensional
requirements of a PUD, Land Use Code Section 26.445.050 B. notes: "the dimensional
requirements of the underlying zone district shall be used as a guide in determining the
appropriate dimensions for the PUD,"
By using the underlying zone district standards as a guide, the floor area allowed by the
underlying zoning for Lot SA (930 Matchless) developed with the HPC approved single-
family residence would be 3,609 SF. If the Applicants, in this case the Dodaros are
allowed to have a floor area that is slightly below what the R-6 zone district would allow,
it will not be necessary for them to land the SOO SF floor area bonus on Lot SA because
the underlying floor area is SOO SF in excess of what is necessary to build the
development plans that the HPC has approved. The excess floor area could be turned
into two transferable development rights, which the Dodaros have stated that they are
interested in creating.
Lot SB, with the two free market units would have an allowable floor area of 3,48S.9 SF.
As mentioned earlier, only one SOO SF bonus granted by the HPC is allowed for a
designated property and/or fathering parcel. If the City Council allows both lots to meet
the underlying zone district standards with regard to allowable floor area, the one bonus
could be available to Lot SB in the future.
Staflrecommends followinz Option 1. reQuirinz that the intent of Ordinance 35 (\'eries 1987) be
maintained with rezard to allowable floor area. as all other proverties within the Alvine Acres
Subdivision are subiect to the floor area cap. Lot 5A would need to land the HPC floor area
bonus to maximize the allowable floor area of the lot to 2.986 SF, allowinz for the development
olthe HPC avvroved addition. The floor area for Lot 5B would be 3,485.9 SF
SCHOOL LANDS DEDICATIONS FEE:
Given that the proposed development constitutes a full subdivision review, Land Use Code
Section 26.630, School Lands Dedications, requires that the Applicants either dedicate lands for
school function or pay a cash-in-lieu payment. The Applicants have proposed to pay a cash-in-
lieu payment pursuant to the fee schedule established in Land Use Code Section 26,630.
Staff has included a condition of approval in the proposed ordinance requiring that the
Applicants pay the School Lands Dedications fee prior to issuance of a building permit for the
proposed development.
P ARK DEVELOPMENT IMPACT FEE:
A property listed on the Aspen Inventory of Historic Landmark Sites and Structures is not
required to pay a Park Development Impact Fee for additional bedrooms added to the site
pursuant to Land Use Code Section 26.610, Park Development Impact Fee.
REFERRAL AGENCY COMMENTS:
The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District, Housing
Department, and the Parks Department have all reviewed the proposed application and their
requirements have been included as conditions of approval when appropriate.
Page 7 of8
~_.__~'___'~'~_"'__~_.."_"W'~_"""""'_'-
STAFF RECOMMENDATION:
In reviewing the proposal, Staff believes that the project is generally consistent with the goals of
the AACP as well as the applicable review standards in the City's Land Use Code. Staff
recommends supporting the minimum setback requests, but recommends that the allowable floor
area meet the intent of Ordinance 3S (series 1987). Additionally Staff recommends approval of
landing the 500 SF HPC bonus on Lot SA. Any future development on Lot SB will necessitate
review and approval by the Historic Preservation Commission. Staff recommends allowing the
HPC to grant any future setback and parking waivers as it deems appropriate.
The proposed resolution is worded in the affirmative, reflecting a scenario where all of the
Applicants' requests (including the floor area) are granted. If the Council were to deny any of
the Applicants' requests, the ordinance would be amended to reflect the actual approvals.
By way of example, if the Council were to deny the floor area request, the following changes
would have to be made to the resolution:
I. Section S of the ordinance would need to amend the allowable floor area for Lot SB to
read, "2,486 SF with the ability to land a SOO SF HPC floor area bonus as granted by the
HPC."
2. Section S of the ordinance would need to amend the allowable floor area for Lot SA to
read, "3,485.9 SF."
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No.1-/-, Series of 2006, upon first reading."
MANAGER'S COMMENTS:
A TT ACHMENTS:
EXHIBIT A - Review Criteria and Staff Findings
EXHIBIT B - Referral Comments
EXHIBIT C - Alpine Acres Annexation Plat (1976)
EXHIBIT D - Existing and Proposed Conditions for Lot S
EXHIBIT E - Planning and Zoning minutes of 2/28/06 ( will be available at 2nd reading)
EXHIBIT F - Application
Page 8 of8
ORDINANCE NO. 11-
(SERIES OF 2006)
A ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL CITY APPROVING WITH
CONDITIONS THE DODARO SUBDIVISION (LOTS SA AND SB) AND PUD
AMENDMENT TO CONSTRUCT AN ADDITION TO THE EXISTING DETACHED
DWELLING AND VOLUNTARY GARAGE/ADU ON LOT SA AND TO ALLOW THE
DEVELOPMENT OF TWO DETACHED DWELLINGS ON LOT SB ON THE
PROPERTY KNOWN AS 920 AND 930 MATCHLESS DRIVE, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
ParcellD: 2737-074-22-01 and 2737-074-22-02
WHEREAS, the Community Development Department received an application from
Christine Dodaro, Peter Dodaro, and Shirley Peterson, Trustee - Shirley H. Peterson Living
Trust, represented by Kim Raymond, requesting a combined review and approval of Subdivision
and consolidated PUD Amendment, for the development of two lots, Lots SA and SB; and,
WHEREAS, an addition to the existing detached residential dwelling unit and a new
garage/ ADU is proposed for Lot SA and a total of two detached dwelling units is proposed for
Lot SB; and,
WHEREAS, the subject property is zoned Medium-Density Residential (R-6) with a
PUD overlay; and,
WHEREAS, upon review of the application, and the applicable code standards, the
Community Development Department recommended approval, with conditions, of the proposed
subdivision and associated land use requests; and,
WHEREAS, the Planning and Zoning Commission determined during the review of the
application that the application was available for a combined review of the land use requests and
a consolidated two-step review of the PUD Amendment; and,
WHEREAS, during a duly noticed public hearing on February 28, 2006, the Planning and
Zoning Commission reviewed the application, and took public comment; and,
WHEREAS, on February 28, 2006, the Planning and Zoning Commission approved
Resolution No.6, Series of 2006, by a four to zero (4-0) vote, recommending that City Council
approve with conditions, the proposed subdivision and consolidated PUD Amendment for the
development of two lots with an addition to the existing detached residential dwelling unit and a
new garage/ADU proposed for Lot SA (930 Matchless) and a total of two detached dwelling
units proposed for Lot SB (920 Matchless); and,
WHEREAS, during a duly noticed public hearing on April 24, 2006, the City Council
opened the hearing, took public testimony, considered pertinent recommendations from the
Community Development Director, and referral agencies of the City of Aspen and adopted
Ordinance No. _, Series of 2006, approving with conditions, the subdivision and consolidated
PUD Amendment for the development of two lots with an addition to the existing detached
residential dwelling unit and a new garage/ ADU proposed for Lot SA (930 Matchless) and a total
of two detached dwelling units proposed for Lot 5B (920 Matchless); and,
Page 1 of7
. -_..--~~."--...~._---~._._._,.-.-_.,
WHEREAS, the City Council finds that the development proposal meets many of the
applicable development standards and where the standards are varied, that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the City Council finds tl1at this ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal
Code, the City Council hereby Council approves with conditions the Dodaro Subdivision and
consolidated PUD Amendment for the development of two lots with an addition to an existing
detached residential dwelling unit and garage/ADU on Lot SA (930 Matchless Drive) and
allowing an additional dwelling unit on Lot 5B for a total of two detached dwelling units on Lot
SB (920 Matchless Drive).
Section 2: Plat and Agreement
The Applicants shall record a subdivision/PUD plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approval. The Applicant shall also
enter into a sidewalk agreement to install a future sidewalk adjacent to Matchless Drive along the
entire lot frontage if it is deemed appropriate by the City of Aspen to have a sidewalk in this
location at some time in the future.
Section 3: Building Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
c. A completed tap permit for service with the Aspen Consolidated Sanitation District.
d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil
Engineer, which maintains sediment and debris on-site during and after construction. If a
ground recharge system is required, a soil percolation report will be required to correctly
size the facility. A S-year storm frequency should be used in designing any drainage
improvements.
e. An excavation stabilization plan, construction management plan, and drainage and soils
reports pursuant to the Building Department's requirements. The construction
management plan shall include an identification of construction hauling routes for review
and approval by the City Engineer and Streets Department Superintendent.
Page 2 of?
f. A fugitive dust control plan to be reviewed and approved by the Environmental Health
Department.
g. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and
approval by the City Engineer.
h. The Applicants shall comply with Ordinance No. 25, Series of 1994 regarding the handling
of any contaminated soils within the former Smuggler Superfund Site prior to any
excavation on and/or prior to the application for building permits on both lots. All soils on
Lots SA and 5B shall be considered contaminated unless determined otherwise through
testing that adheres to the protocols that were established by the Environmental Protection
Agency pursuant to Ordinance No. 25, Series of 1994. If, pursuant to said testing
protocols, the soils are found to be uncontaminated, the following requirements shall not
apply. However, to the extent that any contaminants are discovered, the following
requirements shall apply:
1) All contaminated soils that are removed from the site shall be transported to the Pitkin
County Landfill and disposed of at the Smuggler repository. Any disturbed soil or
material that is to be temporarily stored above ground or remain on site shall be
securely contained on and covered with a non-permeable tarp or other protected
barrier approved by the Enviroumental Health Department so as to prevent leaching
of contaminated material onto or into the surface soil and to prevent windblown dust
from disturbed dirt.
2) The owner and general contractor of any development on Lots I and 2 of the South
and Gibson Subdivision shall submit a letter to the City of Aspen Environmental
Health Department stating that they have read, understood, and will comply with the
regulations for handling contaminated soils within the former Smuggler Superfund
Site as set forth in Ordinance No. 25, Series of 1994 prior to any excavation and/or
issuance of building permits for the property.
3) The owner shall complete a Soil Removal Permit and Affidavit for excavation prior
to any excavation or disturbance of dirt and prior to any issuance of building permits
for the properties.
Section 4: Permitted Use of the Property
As outlined in the Applicants' development application, Lot SA (930 Matchless) shall be
developed with an addition to the existing detached residential dwelling and a detached
garage/ADU, the design having been reviewed and approved by the Historic Preservation
Commission. Lot 5B (920 Matchless) will contain the existing detached residential dwelling and
an additional detached residential dwelling for a total of two detached residential dwellings. The
design and alteration of the existing building and new building or structures shall be reviewed
and approved by the Historic Preservation Commission.
Section S: Dimensional Requirements
Page 3 of?
The redevelopment of the lots as presented will vary the dimensional requirements of the
Medium-Density Residential (R-6) zone district. As a PUD Amendment, the dimensional
requirements shall be set as follows:
Lot SA - PUD Dimensional Lot SB - PUD Dimensional
Requirements Requirements
(930 Matchless) (920 Matchless)
Minimum Lot Size 3,000 SF 3,000 SF
Minimum Lot Width 30 30 Feet
Minimum Lot Area/Dwelling 3,000 SF 3,000 SF
Minimum Front Yard Setback 23,8 Feet 21.6 Feet
Minimum Side Yard Setback 2.5 Feet from west property line 3.92 Feet from the east property
15 Feet from east property line line as along as existing structure
is not demolished or if an HPC
variance is granted
5 Feet from the west property line
unless an HPC variance is granted
Total Side Yards 17.58 Feet NA - as long as there is ten feet
between the two detached
dwelling units
Minimum Rear Yard Setback 10 Feet - Principal Building 10 Feet - Principal Building
5 Feet - Accessory Building 5 Feet - Accessory Building
(unless a waiver is granted by the
HPC)
Maximum Height 25 Feet 25 Feet
Allowable Floor Area 3,486 SF 3,485.9 SF with the ability to
land a 500 SF HPC floor area
bonus granted by the
. Commission
Section 6: Off- Street Parking Reauirements
As part of the PUD Amendment the parking requirement for Lot 5A shall meet the off-street
parking requirement for the use of the property containing a detached dwelling unit and an
accessory dwelling unit which requires three (3) off-street parking spaces. Lot 5B shall meet the
off-street parking requirements for the use of the property, unless a parking waiver is permitted
by the Historic Preservation Commission.
Section 7: Engineering
A CMP plan meeting the requirements of the City will be required as part of the approval
process. Submission of this report should be before any building permit application to allow
open discussion of phasing and traffic impacts. The Staff can provide a list of those CMP
requirements inclusive of: construction traffic routing, erosion BMP's, soil stabilization,
drainage impacts, and construction phasing plan for use in development of that plan.
Section 8: Fire Mitigation
Page 4 of?
-~-~--_.".,
The Applicants shall install a fire sprinkler system and alarm system that meets the requirements
of the Fire Marshal if a building is over 5,000 square feet in area.
Section 9: Water Department Requirements
Individual lots need separate services. If there is more than residence on a lot a common service
agreement may be allowed. The Applicants shall vacate the city water well on Lot 5A. Any
development shall comply with the City of Aspen Water System Standards, with Title 25, and
with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of
the Aspen Municipal Code, as required by the City of Aspen Water Department.
The City must be presented an option acceptable to the State and City by the Applicants prior to
the existing well on Lot 5A being abandoned or relocated.
Section 10: Sanitation District Requirements
The Applicants shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD
lines shall be allowed. On-site utility plans require approval by ACSD. Old service line connections
must be excavated and abandoned at the main sanitary sewer line according to ACSD requirements.
Below grade development may require installation of a pumping system. One tap is allowed for each
building. Shared service line agreements will be required where more than one unit is served by a
single service line. Permanent improvements are prohibited in sewer easements or right of ways.
Landscaping plans will require approval by ACSD where soft and hard landscaping may impact
public ROW or easements to be dedicated to the district. It is recommended that the old 6" clay
sanitary sewer service line be replaced by a new 8" PVC main line with two manholes, thereby
allowing 920, 930, 940, and 950 to have their own service line tied directly into a district
maintained sewer line.
Section 11: Exterior Lighting
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to
Land Use Code Section 26.575.150, Outdoor lighting.
Section 12: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicants shall pay a
fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community
Development Department shall calculate the amount due using the calculation methodology and
fee schedule in effect at the time of building permit submittal. The Applicants shall provide the
market value of the land including site improvements, but excluding the value of structures on
the site.
Section 13: Impact Fees
Pursuant to Land Use Code Section 26.420.020. B.4, Waiver of Fees, the Park Dedication Fees
may be waived. All other impact fees, as applicable at the time of submission, shall be paid prior
to the issuance of the building permit.
Section 14: Parks
An approved tree removal permit is required prior to submitting the building permit. The Parks
Department sign off will be contingent on the approved tree permit. A detailed tree protection
Page 5 of?
plan is required as part of the building permit set and should include fence details and fence
locations as well as the following language, "A construction fence shall be installed at the drip
line of each individual or grouping of trees remaining on site. No excavation, storage of
materials, storage of construction backfill, storage of equipment, and foot or vehicle traffic will
be allowed within the tree protection fence. Contact the City of Aspen Parks Department for
inspection of the fence, 920-S120 before any construction activities commence. After inspection
and approval of the fence location the fence cannot be moved or removed without permission
from the Parks Department or until the project receives the Certificate of Occupancy." Utility
connections need to be designed in a manner that does not encroach into the tree protection
zones. Root Pruning: The Applicants will need to contract with a tree service, and have them on
call in order to address all roots greater than 1.5 inches in diameter. Root trenching will be
required around all trees with excavation under the drip line or next to the drip line. This can be
accomplished by an experienced tree service company or trained member of the contractor's
team.
Section IS: Vested Rights
The development approvals granted herein shall constitute a site-specific development plan vested
for a period of three (3) years from the date of issuance of a development order. However, any
failure to abide by any of the terms and conditions attendant to this approval shall result in the
forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to
properly record all plats and agreements required to be recorded, as specified herein, within 180
days of the effective date of the development order shall also result in the forfeiture of said
vested property rights and shall render the development order void within the meaning of Section
26.104.0S0 (Void permits). Zoning that is not part of the approved site-specific development
plan shall not result in the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain
a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a
newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice
advising the general public of the approval of a site specific development plan and creation of a
vested property right pursuant to this Title. Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant
to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised
Statutes, pertaining to the following described property: Lot SA and 5B, Dodaro Subdivision
Nothing in this approval shall exempt the development order from subsequent reviews and
approvals required by this approval of the general rules, regulations and ordinances or the City of
Aspen provided that such reviews and approvals are not inconsistent with this approval.
The approval granted hereby shall be subject to all rights of referendum and judicial review; the
period of time permitted by law for the exercise of such rights shall not begin to run until the
Page 6 of8
date of publication of the notice of final development approval as required under Section
26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado
Constitution and the Aspen Home Rule Charter.
Section 16:
All material representations and commitments made by the Applicants pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the City Council, are hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 17:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 18:
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 19:
A public hearing on this ordinance shall be held on the 24tl1 day of April, 2006, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be published in
a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 27tl, day of March, 2006.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this _ day of
,2006.
Attest:
Kathryn S. Koch, City Clerk
Helen K. K1anderud, Mayor
Approved as to form:
Page 70f8
City Attorney
Page 8 of8
. '--"",---'~->~-"---"-'-'"
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Exhibit A
SUBDIVISION REVIEW CRITERIA & STAFF FINDINGS
Section 26.480.0S0 of the City Land Use Code provides that development applications for
Subdivision must comply with the following standards and requirements.
A. General Requirements.
a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive
Plan.
Staff Finding
Thefuture land use map in the AACP shows this property to be residential. The proposed use is
in compliance with the future direction of the AACP. Applicable policies and goals of the AACP
that the subdivision meets are: locating residential development within the city boundaries and
locating development close to the commercial core and transit stops. Additionally, the historic
resources will be rehabilitated. Stafffind.5 this criterion to be met.
b. The proposed subdivision shall be consistent with the character of existing land uses
in the area.
Staff Finding
There are many residential uses within the area including mobile homes, single:family
residences, duplex residences, and multi:family residential development. Stat/finds this criterion
to be met.
c. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
StaffFindinf!
As the application indicates, the surrounding properties are close to fully developed. All
development associated with this application is internal to the site and will not encroach onto the
public right-of-way or adjacent properties. Therefore, Staff does not believe that the proposal
will adversely affect the future development of the surrounding properties. Staff finds this
criterion to be met.
d. The proposed subdivision shall be in compliance with all applicable requirements of
this Title.
StaffFindinf!
The proposed development is in compliance with the Medium-Density Residential (R-6) zone
district requirements and meets all other land use regulation except for where the Applicants are
requesting to vary from a standard. Stafffinds this criterion to be met.
B. Suitability of land for subdivision.
a. Land suitability. The proposed subdivision shall not be located on land unsuitable for
development because of flooding, drainage, rock or soil creep, mudflow, rockslide,
avalanche or snowslide, steep topography or any other natural hazard or other
condition that will be harmful to the health, safety, or welfare of the residents in the
proposed subdivision.
b. Spatial pattern efficient. The proposed subdivision shall not be designed to create
spatial patterns that cause inefficiencies, duplication or premature extension of public
facilities and unnecessary public costs.
Staff Findinl!
Staflbelieves that the property is suitable for subdivision. The site contains no steep topography
and no known geologic hazards that may harm the health of any of the inhabitants of the
proposed development. However, there may be contaminated soils and the resolution requires
mitigation if' contaminated soils ate fiiUnd. In addition, StaU believes that there will not be a
duplication or premature extension of public facilities because the property to be subdivided is
already served hy adequate publicfacilities. Therefore, Stafffinds this criterion to be met.
C. Improvements. The improvements set forth at Chapter 26.S80 shall be provided for the
proposed subdivision. These standards may be varied by special review (See, Chapter
26.430) if the following conditions have been met:
l. A unique situation exists for the development where strict adherence to the
subdivision design standards would result in incompatibility with the Aspen Area
Comprehensive Plan, the existing, neighboring development areas, and/or the goals of
the community.
2. The applicant shall specify each design standard variation requested and provide
justification for each variation request, providing design recommendations by
professional engineers as necessary.
StaffFindinl!
The Applicants have consented in the application to meet the applicable improvements pursuant
to Section 26.580. Stafffind.v this criterion to be met.
D. Affordable housing. A subdivision which is comprised of replacement dwelling units
shall be required to provide affordable housing in compliance with the requirements of
Chapter 26.S20, Replacement Housing Program. A subdivision which is comprised of new
dwelling units shall be required to provide affordable housing in compliance with the
requirements of Chapter 26.470, Growth Management Quota System.
StaffFindinl!
The Applicants are not providing replacement dwellings units and are not subject to the
Replacement Housing Program. StaUjinds this criterion is not applicable to the proposal.
E. School Land Dedication. Compliance with the School Land Dedication Standards set
forth at Chapter 26.630.
Staff Findinl!
The proposed subdivision is required to meet the School Land Dedication Standards pursuant to
Land Use Code Section 26.630. The Applicants have proposed to pay cash-in-lieu of providing
2
land. which will be paid prior to building permit issuance. Thus, stafffinds this criterion to be
met.
F. Growth Management Approval. Subdivision approval may only be granted to
applications for which all growth management development allotments have been granted
or growth management exemptions have been obtained, pursuant to Chapter 26.470.
Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing
Planned Unit Development (AH-PUD) without first obtaining growth management
approvals if the newly created parcel(s) is required to obtain such growth management
approvals prior to development through a legal instrument acceptable to the City Attorney.
(Ord. No. 44-2001, ~ 2)
StaffFindinf!.
The Applicants' project, as proposed, is exempt from GMQS. Stafffinds this criterion not to be
applicable.
PLANNED UNIT DEVELOPMENT (PUD) REVIEW CRITERIA AND STAFF FINDINGS
In accordance with Section 26.44S.030(2) of the Land Use Code, due to the limited extent of the
issues involved, the Applicant has requested a consolidated conceptual/final PUD. This two-step
process consolidates the conceptual and final development plan reviews by the Planning and
Zoning Commission and the City Council, with public hearings occurring at both. Section
26.44S.0S0, Review Standards: Conceptual, Final, Consolidated, and Minor PUD outlines that a
development application shall comply with the following review standards
A. General Requirements.
L The proposed development shall be consistent with the Aspen Area Community
Plan.
Staff'Findinf!.
The future land use map in the AACP shows this property to be residential. The proposed use is
in compliance with thefitture direction oj'the AACP. Applicable policies and goals o/the AACP
that the development meets are: locating residential development within the city boundaries and
locating development close to the commercial core and transit stops. Additionally, historic
resources will be rehabilitated as the lots are redeveloped Stafffinds this criterion to be met.
2. The proposed development shall be consistent with the character of existing land
uses in the surrounding area.
Staff'Findinf!.
There are many residential uses within the area including mobile homes, single~family
residences, duplex residences, and multi~family residential development. Stajjjinds this criterion
/0 be met.
3. The proposed development shall not adversely affect the future development of the
surrounding area.
Staff' Findinf!.
o
~
^._._._",,~_.__,,"""""---M".'''_'_''~_
As Ihe application indicates. the surrounding properties are close to fully developed. All
development associated with this application is internal to the site and will not encroach onto the
puhlic righl-ot:way or adjacent properlies. Therefore. Staff does not believe that the proposal
will adversely affect the future development of the surrounding properties. Staff finds this
criterion to be met.
4. The proposed development has either been granted GMQS allotments, is exempt
from GMQS, or GMQS allotments are available to accommodate the proposed
development and will be considered prior to, or in combination with, final PUD
development plan review.
StaffFindinf!
The Applicants' project, as proposed, is exempl tram GMQS. Staf/finds this criterion not to be
applicable.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional requirements for all
properties within the PUD. The dimensional requirements of the underlying zone district
shall be used as a guide in determining the appropriate dimensions for the PUD. During
review of the proposed dimensional requirements, compatibility with surrounding land
uses and existing development patterns shall be emphasized.
1, The proposed dimensional requirements for the subject property are
appropriate and compatible with the following influences on the property:
a) The character of, and compatibility with, existing and expected future land
uses in the surrounding area.
b) Natural and man-made hazards.
c) Existing natural characteristics of the property and surrounding area such
as steep slopes, waterways, shade, and significant vegetation and landforms.
d) Existing and proposed man-made characteristics of the property and the
surrounding area such as noise, traffic, transit, pedestrian circulation, parking,
and historical resources.
Staff Findinf!.
The proposed dimensional requirements, wilh regard to proposed sethacks. complement and
help maintain the integrity of the historic struclures. Stafffinds this criterion to he met.
2. The proposed dimensional requirements permit a scale, massing, and quantity
of open space and site coverage appropriate and favorable to the character of the
proposed PUD and of the surrounding area.
StaffFindinf!
Staff believes the massing and scale of'lhe proposal on 930 Matchless is appropriate for the site
and the historic resource since it has received approval by the HPC. Anyfuture development of
920 Matchless will need to be reviewedfor a Certificate of Appropriateness which will create a
scale and massing appropriate to the neighborhood and the historic resource. Stafffind.I' this
criterion to be met.
3. The appropriate number of off-street parking spaces shall be established based
on the following considerations:
4
a) The probable number of cars used by those using the proposed development
including any non-residential land uses.
b) The varying time periods of use, whenever joint use of common parking is
proposed
c) The availability of public transit and other transportation facilities, including
those for pedestrian access and/or the commitment to utilize automobile
disincentive techniques in the proposed development.
d) The proximity of the proposed development to the commercial core and general
activity centers in the city.
Staff Finding
Proposed Lot 5A (930 Malchles5) meets the underlying zone district requirements wilh regard to
offstreet parking. The development of an additional residence has not been designed and is
expected to meet the off:,I.treet parking requirements unless granted a waiver by the HPC. Stafl
finds this criterion to be met.
4. The maximum allowable density within a PUD may be reduced if there exists
insufficient infrastructure capabilities. Specifically, the maximum density of a PUD
may be reduced if:
a) There is not sufficient water pressure, drainage capabilities, or other utilities to
service the proposed development.
b) There are not adequate roads to ensure fire protection, snow removal, and road
maintenance to the proposed development.
StaffPindinz
Stafl believes that sufficient infrastructure capabilities exist to accommodate the proposed
development The adjacent public right-or-way on Matchless Drive and the access easement at
the rear afthe lots are sufficient to accommodate the requiredfire protection, snow removal, and
road maintenance for the proposed development. The City of A,lpen Fire Marshal, Utilities
Director, and a representative from the Aspen Consolidated Sanitalion District have reviewed
lhe proposal and have proposed conditions of approval to mitigate for any insufficiencies. Staff
finds this criterion to be met.
S, The maximum allowable density within a PUD may be reduced if there exists
natural hazards or critical natural site features. Specifically, the maximum density
of a PUD may be reduced if:
a) The land is not suitable for the proposed development because of ground
instability or the possibility of mudflow, rock falls or avalanche dangers.
b) The effects of the proposed development are detrimental to the natural
watershed, due to runoff, drainage, soil erosion, aud consequent water pollution.
c) The proposed development will have a pernicious effect on air quality in the
surrouuding area and the City.
d) The design and location of any proposed structure, road, driveway, or trail in
the proposed development is not compatible with the terrain or causes harmful
disturbance to critical natural features of the site.
Staff Findinz
5
Staflhelieves that the site is suitablefi}r development and that this criterion is not applicable
to the suhject application.
6. The maximum allowable density within a PUD may be increased if there exists a
significant community goal to be achieved through such increase and the
development pattern is compatible with its surrounding development patterns and
with the site's physical constraints. Specifically, the maximum density of a PUD
may be increased if:
a) The increase in density serves one or more goals of the community as expressed
in the Aspen Area Community Plan (AACP) or a specific area plan to which the
property is subject.
b) The site's physical capabilities can accommodate additional density and there
exists no negative physical characteristics of the site, as identified in subparagraphs
4 and S, above, those areas can be avoided, or those characteristics mitigated.
c) The increase in maximum density results in a development pattern compatible
with, and complimeutary to, the surrounding existing and expected development
pattern, land uses, and characteristics.
StaffPindinf!
The Applicants are not requesting an increase in allowable density. Staff believes that the
site is suitable fiJr development and that this criterion is not applicable to the subject
application.
B. Site Design:
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made features and the adjacent public
spaces, and ensures the public's health and safety. The proposed development shall
comply with the following:
1. Existing natural or man-made features of the site which are unique, provide
visual interest or a specific reference to the past, or contribute to the identity of the
town are preserved or enhanced in an appropriate manner.
StaffPindinz
Both existing structures on the property are designated historic landmarks. Any new structures,
additions, or alterations are required to be reviewed by the Historic Preservation Commission
(HPC) which will ensure the integrity o/the existing structures. The proposed setback variations.
recommended by the HPC, will also contribute to maintaining the integrity and setting of the
historic structures. Stafffinds this criterion to be met.
2. Structures have been clustered to appropriately preserve significant open spaces
and vistas.
StaffFindinf!
As infill development, there are no significant open !'paces to be preserved. However, any
placement 0/ huildings have, or will he reviewed by the Historic Preservation Commission to
preserve the integrity a/the historic resources. Staff finds this criterion to be met.
6
". ....,------~"~,-,...~---
3. Structures are appropriately oriented to public streets, contribute to the urban
or rural context where appropriate, and provide visual interest and engagement of
vehicular and pedestrian movement.
StaffFindinz
The existing historic resources are appropriately oriented towards Matchless Drive. Stafffinds
this criterion met.
4. Buildings and access ways are appropriately arranged to allow emergency and
service vehicle access.
StaffFindinz
Staff believes that the proposal is appropriately arranged in a manner that allows for emergency
vehicles to easily access the site. The site is served by both a public rights-ot:way (Matchless
and Heron Drive) and an access easement that acts like a service alley at the rear of'the
property. Stafffinds this criterion to be met.
s. Adequate pedestrian and handicapped access is provided.
StaffFindinz
The Applicants have proposed to provide units that meet the building department's accessibility
requirements Stafffinds this criterion to be met.
6. Site drainage is accommodated for the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
StaffFindinz
The Applicants will be required to submit a site drainage plan that was prepared by a licensed
engineer. The proposed development shall not increase historic flows of the property. Staff'
finds this criterion to be met.
7. For non-residential land uses, spaces between buildings are appropriately de-
signed to accommodate any programmatic functions associated with the use.
StaffFindinz
The Applicants are not proposing to construct any non-residential structures on the site. Staff'
finds this criterion not to be applicable.
C. Landscape Plan:
The purpose of this standard is to ensure compatibility of the proposed landscape with
the visual character of the city, with surrounding parcels, and with existing and
proposed features of the subject property. The proposed development shall comply
with the following:
1. The landscape plan exhibits a well designed treatment of exterior spaces,
preserving existing significant vegetation, and provides an ample quantity and
variety of ornamental plant species suitable for the Aspen area climate.
StaffFindinz
7
-~".._.,----,-",--~,-.....,...,._-.--~-,,--<-,.,<-
The Applicants are proposing to maintain the significant trees that exist on the property. The
Applicants shall submit a landscaping plan for review by the Parks Department with regard to
tree protection. removal and planting prior to issuance of a building permitfiJr the project. Staff
finds this criterion to be met.
2. Significant existing natural and man-made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in an
appropriate manner.
Staff Finding
Mature trees are required to be preserved. The historic resources will be preserved and any
future development must be designed in a way to maintain the integrity of the resources. Staff
finds this criterion to be me/.
3. The proposed method of protecting existing vegetation and other landscape
features is appropriate.
Staff Finding
The Applicants have proposed and are required to provide tree protection fencing around the
drip line of any tree that is to be preserved on-site. Additionally, no construction activity or
storage of construction materials shall be allowed within the drip line of any trees to be
preserved on the site. Stafffinds this criterion to be met.
D, Architectural Character:
It is the purpose of this standard to encourage architectural interest, variety, character,
and visual identity in the proposed development and within the City while promoting
efficient use of resources. Architectural character is based upon the suitability of a
building for its purposes, legibility of the building's use, the building's proposed
massing, proportion, scale, orientation to public spaces and other buildings, use of
materials, and other attributes which may significantly represent the character of the
proposed development. There shall be approved as part of the final development plan
and architectural character plan, which adequately depicts the character of the
proposed development. The proposed architecture of the development shall:
1. be compatible with or enhance the visual character of the city, appropriately
relate to existing and proposed architecture of the property, represent a character
suitable for, and indicative of, the intended use, and respect the scale and massing of
nearby historical and cultural resources.
Staff Finding
As historic landmarks, any changes to the property with regard to buildings are required to be
reviewed by the Historic Preservation Commission. The Commission is required to review
projects so that new structures, additions, and alterations complement the historic structures.
Stafffinds this criterion to be met.
2. Incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade, and vegetation and by use of non-
or less-intensive mechanical systems.
Staff Finding
8
The Applicants have stated that passive solar and natural venting/cooling will playa significant
part in the design olthe building as well as eJficientfixtures. Stafffinds this criterion to be met.
3. Accommodate the storage and shielding of snow, ice, and water in a safe an
appropriate manner that does not require significant maintenance.
Staff'Findim!
The proposed parcels have adequate areasliJr snow storage. Stafffinds this criterion to be met.
E. Lighting:
The purpose of this standard is to ensure the exterior of the development will be lighted
in an appropriate manner considering both public safety and general aesthetic
concerns. The following standards shall be accomplished:
1. All lighting is proposed so as to prevent direct glare or hazardous interference of
any king to adjoining streets or lands. Lighting of site features, structures, and
access ways is proposed in an appropriate manner.
Staff Finding
The development shall meet the City ol Aspen Lighting Code requirements and the Applicant
shall submit a lighting plan for the Zoning Officer to review at the time of building permit
submittal. Stafffinds this criterion to be met.
2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards
unless otherwise approved and noted in the final PUD documents. Up-lighting of
site features, buildings, landscape elements, and lighting to call inordinate attention
to the property is prohibited for residential development.
Staff'Finding
The development shall meet the City olA.'pen Lighting Code requirements and the Applicants
shall submit a lighting plan fiJr the Zoning Officer to review at the time ol building permit
submittal. Stafffinds this criterion to he met.
G. Common Park, Open Space, or Recreation Area:
If the proposed development includes a common park, open space, or recreation area
for the mutual benefit of all development in the proposed PUD, the following criteria
shall be met:
1. The proposed amount, location, and design of the common park, open space, or
recreation area enhances the character of the proposed development, considering
existing and proposed structures and natural landscape features of the property,
provides visual relief to the property's built form, and is available to the mutual
benefit of the various land uses and property users of the PUD.
Staff Finding
The Applicant is not proposing any common park, open space, or recreation area. TherejiJre,
stal/finds that this criterion is not applicable.
2. A proportionate, undivided interest in all common park and recreation areas is
deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner
within the PUD or ownership is proposed in a similar manner.
9
....--.-~__~,..~~"~o~~"..,,...,_
StaffFindin5!.
The Applicant is not proposing any common park, open space. or recreation area. Therefore,
staflfindl' that this criterion is not applicable.
3. There is proposed an adequate assurance through legal instrument for the
permanent care and maintenance of open spaces, recreation areas, and shared
facilities together with a deed restriction against future residential, commercial, or
industrial development.
StaffFindin5!.
The Applicant is not proposinK any common park. open space, or recreation area. TherefiJre.
stafffinds that this criterion is not applicable
H. Utilities and Public Facilities:
The purpose of this standard is to ensure the development does not impose any undue
burden on the City's infrastructure capabilities and that the public does not incur an
unjustified financial burden. The proposed utilities and public facilities associated with
the development shall comply with the following:
1. Adequate public infrastructure facilities exist to accommodate the development.
Staff Findin5!.
Staff believes that adequate publicfacilities exist to accommodate the proposal. Stafffinds this
criterion to he met.
2. Adverse impacts on public infrastructure by the development will be mitigated
by the necessary improvements at the sole cost of the developer.
StaffFindin5!.
The affected utility aKencies have reviewed the proposed plans and the concerns have been
addressed as conditions of approval in the attached resolution. Stafffind,\' this criterion to be
met.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for the
additional improvement.
Staff Findin5!.
The Applicant is not proposing to install oversized utilities or public facilities and it is not
anticipated that the Applicant will be required by the City to provide oversized utilities. Staff
does notfind this criterion to be applicable to this application.
I. Access and Circulation (Only standards 1 & 2 apply to Minor PUD
applications):
The purpose of this standard is to ensure the development is easily accessible, does not
unduly burden the surrounding road network, provides adequate pedestrian and
recreational trail facilities and minimizes the use of security gates. The proposed access
and circulation of the development shall meet the following criteria:
10
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1. Each lot, structure, or other land use within the PUD has adequate access to a
public street either directly or through and approved private road, a pedestrian
way, or other area dedicated to public or private use.
Staff'Findin~
The proposed development has adequate access fi'om Matchless and Heron Drive and has
additional access to the lots via an access easement. Stafffinds this criterion to be met.
2. The proposed development, vehicular access points, and parking arrangement
do not create traffic congestion on the roads surrounding the proposed
development, or such surrounding roads are proposed to be improved to
accommodate the development.
StaffPindinf!
Staff believes that the access easement at the rear of the properties is appropriate for access.
Stafffinds this criterion to be met.
J. Phasing of Development Plan.
The purpose of these criteria is to ensure partially completed projects do not create an
unnecessary burden on the public or surrounding property owners and impacts of an
individual phase are mitigated adequately. If phasing of the development plan is
proposed, each phase shall be defined in the adopted final PUD development plan. The
phasing plan shall comply with the following:
1. All phases, including the initial phase, shall be designed to function as a
complete development and shall not be reliant on subsequent phases.
2. Thc phasing plan describes physical areas insulating, to the extent practical,
occupants of initial phases from the construction of later phases.
3. The proposed phasing plan ensures the necessary or proportionate
improvements to public facilities, payment of impact fees and fees-in-lieu,
construction of any facilities to be used jointly by residents of the PUD, construction
of any required affordable housing, and any mitigation measures are realized
concurrent or prior to the respective impacts associated with the phase.
StaffFindin~
The Applicant is proposing to redevelop Lot 5A (930 Matchless) with an addition to the existing
residence. Lot 5B (920 Matchles,l) may be developed at a later date. However, nojointfacilities
or infrastructure is required and the proposal is not a phased project. TherefiJre. Stafffinds this
criterion not to be applicable.
11
.
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MEMORANDUM
To: Development Review Committee
From: Alex Evonitz. Com. Dev. Engineer
Date: November 2, 2005
Re: 920 & 930 Matchless, Lot 5, Alpine Acres Subdivision
Parcel #'s 2737-074-22-001 & 2737-074-22-002
Attendees; Alex Evonitz, Com. Dev. Eng.; Nick Adeh, Engineering; Jennifer
Phelan, City Planning; Phil Overeynder, City Water; Brian Flynn. City Parks; Kim
Raymond, Owners Representative
The Development Review Committee has reviewed the Subdivision Request at
their November 2. 2005 meeting and has compiled the following comments:
General:
The Applicant would like to subdivide Lot #5 of the Aipine Acres Sub/PUD
. into two lots. Currently the lot contains two detached residential dwellings both
of which are historic landmarks. The proposal would allow one lot (930 Matchless)
to contain an existing historic single-family residence and a voluntary accessory
dwelling unit and the other lot (920 Matchless) would contain the other existing
single-family residence and be large enough to develop an additional
detached residentiai dwelling. .
In order to develop the lots as proposed the existing PUD needs to be
amended, The Applicant is requesting that the FloorArea Ratio [FAR) allowance
be in compliance with the underlying Medium-Density Residential [R-6) zone
district, rather than being limited to 2.486 SF per dwelling unit. At a minimum, the
applicant will need to land a 500 SF HPC bonus for 930 Matchless if the Applicant
is not allowed to adhere to the underlying zoning with regard to FAR. .
Additionally, as a site specific development plan, the Applicant will need to
amend the PUD to allow for an additional detached dwelling unit on 920
Matchless.
Building Department - No Attendance;
Fire Protection District - No Attendance;
Engineering Department - Nick Adeh;
. Matchless Drive needs to be wide enough for two-way traffic.
. Easements will be required for lot access.
. All encroachments need to be corrected.
Housing Office - No Attendance;
La;
---
.
.
Page 3 of 4
November 2,2005
920 and 930 Matchless Drive
. Ingress /egress will need to be maintained at all times for the City.
. The Owners need to present an option acceptable to 'the State and City
before change in the existing well location and access is undertaken.
Community Development Engineer - Alex Evonitz;
. No comments at this time until the water issues are resolved.
. All standard permit requirements must be met for issuance of building
permits.
Aspen Consolidated Waste Districl- T6m Bracewell;
. Service is contingent upon compliance with the District's rules, regulations,
and specifications, which are on file at the District office.
.
ACSD will review the approved Drainage plans to assure that clear water
connections (root, foundation, p-erimeter, patio drains) are not connected
to the sanitary sewer system.
On-site utility plans require approval by ACSD.
Old service lines must be excavated and abandoned at the main sanitary
sewer line according to specific ACSD requirements.
Currently, 920,930,940 and 950 Matchless are served by a comiTlon old 6"
Clay sanitary sewer service line. ACSD would recommend that this old line
be replaced by a approximately] 70 feet of new 8" PVC main line with
two manholes, thereby allowing each resident to have its own service line
tied directly into a district maintained sewer line.
Where main sanitary sewer lines are required to serve this new
development or the existing publicly owned sewer system requires
modification or adjustment, 0 line extension request and collection system
agreement are required. Both ore ACSD Board of Director's action items.
Applicant will be required to deposit funds with the district for engineering
fees, construction observation fees, fees to clean and televise the new
main sewer line extension into the project,
The Applicant will have to pay 40% of the estimated tap fees for the
anticipated building stub outs before building permit.
Below grode, development may require installation of a pumping system,
One tap is allowed for each building. Shared service line agreements may
be required where more than one unit is served by a single service line,
Permanent improvements are prohibited in sewer easements or right of
ways. Landscaping plans will require approval by ACSD where soft and
hard landscaping 'may impact public ROW or easements to be
dedicated to the district.
All ACSD fees must be paid before the issuance of a building'permit. Peg
in our office can develop an estimate for this project once detailed plans
hove been made available to the district.
Where additional development would produce flows that would exceed
the planned reserve capacity of the existing system (collection system
and or treatment system) an additional propo'rtionate fee will be assessed
to eliminate the downstream collection system or treatment capacity
constraint. Additional proportionate fees would be collected over time
.
.
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TO:
Mayor and Members of Council
FROM:
John P. Worcester
DATE:
March 27,2006
RE:
Application for partial vacation of Alley - Skiers' Chalet
Enclosed please find a memorandum prepared by Nick Adeh for the Council packet when this
item came before City Council on first reading of a vacation ordinance.
The application for vacation of a portion of the alley has been made by the contract purchasers of
the Skiers' Chalet. I'm told a representative of the applicant will be present with a plat larger
than the one in this packet indicating the portion of the alley that is to be vacated,
Community Development is meeting with representatives ofthe applicant on Friday, March 24,
2006, and will have a recommendation to Council regarding this application at the Council
meeting.
cc: City Manager
Community Development
Memorandum
4}
TO:
THRU:
FROM:
DATE:
Mayor and City Council Members
John Worcester, City attorney and Steve BaIWick, City Manager
Nick Adeh, City Engine~...A. .
/7Atr'
January 17, 2006 .
Application for partial vacation of alley right of way
Reference:
SUMMARY: The owners of Skiers Chalet Lodge have asked for vacation of a public alley segment
under their current building. This alleyway is 10 feet wide and the lodge was built on it over 40 year ago
according to documents submitted with their request. City's utility departments have responded to this
application and request that this segment of public right of way become a public easement if vacation is
granted.
BACKROUND: Skiers Chalet Lodge was built on this public right of way and staff has no record of
existing City infrastructure within this segment of alleyway. The applicant plans to remodel and renovate
the existing structure but has no plan to replace it. This verbal statement was made by their representing
attorney Pat O'Callaghan.
DISCUSSION: Future redevelopments in this area will require adequate utility corridors to deliver
services to their projects. It is therefore necessary to preserve and keep our existing rights of ways free
and clear from underground, surface, and space restrictions to accommodate future utility service
demands. It is our intention to reserve any vacated right of way as a utility easement for the City's main
utility systems.
FINANCIAL IMPLICATION: This project will have no financial impact on the City's current
resources and therefore, no funding is requested.
RECOMMENDATION: I recommend approval of this vacation request to allow continuation of the
existing building. Staff requests a full easement along the vacated alley and no future structures upon it.
CITY MANAGER COMMENTS: ~ ~ W'1~L In ..A..Uj)8(,J
~ ~~::'.t ~~~ ~ ~~;trf'ir,--
Vacation 2006.()1
"~'~-""~'<""--'--"'--'~--~,--"",--"
,"",
ORDINANCE NO. ~
(Series of 2006)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO
VACATE A PORTION OF AN ALLEY SITUATED IN LOTS 4 THROUGH II OF BLOCK
9, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN WITHIN THE CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the current owners and the contract purchasers of the Skiers' Chalet Lodge
in the City of Aspen have petitioned the City of Aspen to vacate a portion of the alley situated
adjacent to Lots 4 through II of Block 9, Eames Addition to the City of Aspen; and
WHEREAS, the right-of-ways or portions thereof proposed to be vacated are located
entirely within the corporate limits of the City of Aspen; and
WHEREAS, the Alley Vacation Plat and legal description, appended hereto as Exhibit A
has been reviewed by the Community Development Department and City Engineer and they have
made a determination that the exhibit complies in all respects with the City's Public Rights-of-
ways Vacation Policies and the land proposed to be vacated is eligible for vacation pursuant to
said policies; and
WHEREAS, the proposed vacation will not leave any land adjoining the same witl10ut a
means of access over an established public right-of-way connecting such lands to an established
public street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
,.~_._-_._"-~--.--~--,,"~.,~~
Section L
That the portion of the Alley adjacent to Lots 4 through 11 of Block 9, Eames Addition to
the City and Townsite of Aspen described and depicted on Exhibit A appended hereto and by this
reference incorporated herein, shall be, and the same hereby is vacated subject to the conditions
set forth below.
Section 2.
That ownership and title to the lands so vacated shall vest as provided in and by Section
43-2-302. C.R. S,
Section 3.
That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to
record a copy of this ordinance in the Office of the Pitkin County Clerk and Recorder.
Section 4.
That the City Engineer be and hereby is directed, upon the adoption of this ordinance, to
make all corrections necessary to the Official Map of the City of Aspen,
Section 5.
That 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 6.
That this ordinance shall not have any effect on existing litigation and shall not operate as
an abatement of any action or proceeding now pending under or by virtue of the ordinances
2
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
A public hearing on the ordinance shall be held on the _ day of
in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
,2006,
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the day of , 2006.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALL Y adopted, passed and approved this _ day of
,2006.
Helen Kalin Klanderud, Mayor
ATTEST:
JPW- saved: IfI7/2006-542-G:\iofm\word\ords\vacation_Skiers Chalet.doc
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Law Office of
R. J. O'Callagban
125 East 7tb Street, Suite 100
Pueblo, Colorado 81003
Pbone: (719) 543-8371
Fax: (719) 543-8375
January 5, Z006
Nick Adeh
City Engineer
City of Aspen
130 S. Galena S1.
Aspen, CO 8]611
Re: Skier's Chalet
Dear Mr, Adeh:
I represent Skier's Chalet, LLC, the prior owner of the Skier's Chalet Lodge. The Lodge is located
on Lots 4 and 11 less the WestZZ' thereof, Block 9, Eames Addition to the City and Townsite of Aspen, and
on Lots 5-10, Block 9, Eames Addition to the City of Aspen and on top of a portion of the alley through
Block 9 (the "Property"), Joseph E. Edwards, III represents 710 South Aspen, LLC whicb has recently
purchased the Skier's Chalet Lodge from Skier's Chalet, LLC. His approval to this application is set forth
below.
We request that the City of Aspen enact an Ordinance vacating the portion of the Block 9 alley
running through the Property, It is our understanding that the portion of the alley in Block 9 located to the
west of the Property was previously vacated.
Enclosed for your reference are two copies of an improvement location survey showing the property
and the portion of the alley to be vacated. Also enclosed for your reference are copies of letters from all the
local utility providers which indicate that they have no objection to the City vacating the alley.
Please contact me if you need any further infonnation.
Sincerely,
~/~
R. J. Patrick 0' an
Enclosures
APPROVED ON BEHALF OF TIlE OWNER OF THE PROPERTY, 710 SOUTH ASPEN, LLC, BY
JOSEPH E. EDWARDS, III, AUTHORIZED REPRESENTATIVE.
----~-_..._..._....-.._._-.------.......
KLEIN, COTE & EDWARDS, LLC
ArrORNEYS AT LAW
HERBERT s. KLEIN
LANCE R. COTE, pc.
JOSEPH E. EDWARDS, m, PC
EBEN P. CLARK
MADlRJ B. KRlSHNAMURTI
hsk@k<:cJaw.net
In:@kcclaw.net
jee@lc.ceJawllet
cpc@kceJaw.nec
mbk@kc:elaw.nel
20] NORTH MD..L StREET, STE. 203
ASPEN, COLORADO 8161]
lELEPHONE: (970) 925-8700
FACSIMILE: (970) 925.3971
. Uoadmilted,inCalifomia
December 16,2005
Mr. Walt Dorman
Holy Cross Energy
P,O. Box 2150
Glenwood Springs, CO 81602
Re: Alley, Lots 5, 6, 7, 8, 9 & 10, Block 9, Eames Addition - Aspen, Colorado
Dear Mr. Dorman:
We represent the contract pUIchaser of me Skier's Chalet Lodge in Aspen, Colorado.
The City of Aspen is the owner of the above-reference alley which bisects the Lodge building
(which has been in this location for approximately 40 years). The City has indicated to me that
they would be willing to vacate that portion of the alley that is on me Lodge property. Prior to
making a final decision, the City has requested written confirmation from each of the utility
companies which use that area stating that they have no objections to me City vacating the alley.
We do not believe this will affect any ofyoUI service lines.
An Improvement Survey dated November 1,2005, is enclosed, The portion of the alley
under discussion has been highlighted in yellow. I would appreciate it if you would review the
sUIvey and let me know if you have any concerns with respect to the City's vacating the portion
of the alley which crosses through the Skier's Chalet Lodge.
If you do not have any concerns regarding this alley, I would appreciate it if you would
sign in the blank provided on the following page and return this letter to me. Thank you for your
consideration. Please call me if you have any questions.
Sincerely,
KLEIN, COTE & EDWARDS, LLC
B
Enclosure
Mr. Walt Donnan
December 16, 2005
Page 2
WE HAVE NO OBJECTION TO THE CITY OF ASPEN V ACA TING THE REFERENCED
PORTION OF THE ALLEY IN BLOCK 9, EAMES ADDITION, CITY OF ASPEN.
By:
Name:
Title:
cc: Client
HiIls\Ski\lAlley Vaca ltr~Holy Cross.doc
Mayor Klanderud and City Council
Chris Bendon, Community Development Director CJA V\!)
James Lindt, Senior Planner ..::J"L
TO:
THRU:
FROM:
,--~....--~---"_.--
MEMORANDUM
~,
RE:
Cooper Apartments Condominiums (410 S. West End Street) Subdivision -
Second Reading of Ordinance No.9, Series of 2006, Public Hearing
DATE:
March 27,2006
ApPLICANT fOWNER:
John R. Provine and Ronald E.
Soldering, Trustee - Soldering Living
Trust
REPRESENT A TIVE:
Vann Associates, LLC
LOCATION:
410 S. West End Street
Lots A and B, Block 118, of the City and
Townsite.
CURRENT ZONING:
Residential Multi-Family (RMF) Zone
District
EXISTING LAND USE:
Five (5) Unit Multi-Family Residential
Building.
PROPOSED LAND USE:
Four (4) Unit Multi-Family Residential
Building.
PHOTO: Existing structure.
SUMMARY:
The Applicant requests subdivision and
associated land use approvals to raze the existing
five (5) unit multi-family residential complex and
construct a new multi-family residential structure
containing two (2) free-market residential units
and two (2) affordable housing units.
STAFF RECOMMENDATION:
Approval with Conditions.
LAND USE REQUESTS:
The Applicant is requesting the following land use approvals to redevelop the site:
. Subdivision for the construction of multiple dwelling units pursuant to Land Use Code
Section 26.480, Subdivision (City Council is final review authority after considering a
recommendation from the Planning and Zoning Commission).
--~~--~--~.__.._"~._"-
. A certificate of compliance from the Multi-family Replacement Program pursuant Land
Use Code Section 26.530, Resident Multi-Family Replacement Program (Review is by
the Community Development Director in conjunction with a building permit review).
. A growth management review for the development of affordable housing pursuant to
Land Use Code Section 26.470.040(C)(7), Affordable Housing. The Plauning and Zoning
Commission reviewed and approved the requested growth management review for the
development of affordable housing pursuant to Planning and Zoning Commission
Resolution No.5, Series of2006 (attached as Exhibit "D" in the First Reading Packet).
. Condominiumization is a subdivision exemption that requires approval of the Community
Development Director pursuant to the Land Use Code Section 26.480.090,
Condominiumization. However, the attached ordinance acknowledges this approval for a
future date (condominium plats are reviewed and approved by the Community
Development Director upon substantial completion of construction).
REVIEW PROCEDURE:
A development application for subdivision shall be approved, approved with conditions, or
denied by City Council after considering a recommendation from the Planning and Zoning
Commission and the Community Development Director pursuant to Land Use Code Section
26.480.040, Subdivision.
A development application for the development of affordable housing shall be approved,
approved with conditions, or denied after review and consideration by the Planning and Zoning
Commission under Land Use Code Section 26.470.040(C)(7), Growth Management Review:
Affordable Housing.
Once the project is substantially completed, the project will be condominiumized.
PROJECT SUMMARY:
The Applicant has requested approval to raze the existing fiye (5) unit multi-family building
located at 410 S. West End Street and replace it with a new four (4) unit building containing
two (2) free-market and two (2) deed-restricted residential units. The property subject to the
application contains approximately 6,000 square feet and is located in the RfMF Zone District.
Each of the free market residential units is proposed to contain a little over 3,000 square feet of
FAR. One of the affordable housing units is proposed to be constructed as a one-bedroom unit
and is to contain approximately 789 square feet. The other affordable housing unit is proposed
as a two-bedroom unit and is to contain approximately 930 square feet.
The Applicant has proposed six (6) on-site parking spaces, four (4) garage spaces that are
proposed for use of the free-market residential units and two (2) uncovered parking spaces for
use of the affordable housing units. All of the parking spaces are to be accessed from the
alleyway. The Applicant is also proposing to provide a fenced trash enclosure adjacent to the side
property line and close to the alley.
2
The following chart compares the proposed development dimensions with the dimensional
requirements of the Residential Multi-Family Zone District:
Dimensional Proposed Underlying Residential
Requirement Dimensional Multi-Family Zone District
Requirements Requirements
Minimum Lot Size 6.000 SF 6,000 SF
Existing
Minimum Lot Width 60 Feet 60 Feet
Minimum Lot 1,500 SF No Requirement
Area/Dwelling
North Front Yard 6 Feet 5 Feet
Setback
West Front Yard 6 Feet 5 Feet
Setback
Minimum Side Yard 5 Feet 5 Feet
Setback
Minimum Rear Yard 5 Feet 5 Feet
Setback
Maximum Height 32 Feet 32 Feet (parcel density 2" one
unit per 1,500 s.f. of lot area)
Floor Area Ratio (FAR) 7,500 s.f. 1.25:1 or 7,500 s.f. (parcel
density 2" one unit per 1.500
s.f. of lot area)
Minimum Of1~Street 6 Spaces (4 One per unit or a total of 4
Parking for Free Parking Spaces
Market Units,
2 for AH
Units)
ST AFF COMMENTS:
SUBDIVISION:
The Applicant is requesting subdivision approval, including condominiumization, because the
development of multi-family dwelling units requires approval of subdivision pursuant to the
definition of subdivision in the City's land use code.
In reviewing the subdivision portion of the application, Staff believes that the proposal meets the
applicable subdivision review standards established in Land Use Code Section 26.480.050,
Review Standards. Staff feels that the proposal is consistent with the infill development goals
established in the 2000 Aspen Area Community Plan. Staff further believes that the site subject
to the proposal is suitable for development and contains no known geologic hazards and
currently contains a residential building of similar size to the structure being proposed.
MULTI-FAMILY REPLACEMENT PROGRAM:
When demolishing existing multi-family residential dwelling units, if the units were ever lived
in by local, working residents, replacement units are subject to the terms of the multi-family
3
.,----_.~~-.<--,-,~.~~~--..._--,-~-~......".~.,,~
replacement program provisions as are set forth in Land Use Code Section 26.530, Resident
Multi-family Replacement Program. In this situation the Applicant is not proposing to replace
as many units as are being demolished, which means that 50% of the number of units, 50% of
the number of bedrooms, and 50% of the square footage being demolished must be replaced in
the new development as on-site affordable housing pursuant to Land Use Code Section
26.530.040(B), Housing Replacement Requirements: Fifty Percent Replacement. Also, cash-
in-lieu for a fraction of a unit is allowed pursuant to Land Use Code Section 26.530.040(D),
Housing Replacement Requirements: Cash-in-Lieu Payment.
As was described earlier in this memorandum, the Applicant is proposing to construct two (2)
affordable housing units, consisting of a total of three (3) bedrooms, in order to satisfy a portion
of the Multi-Family Housing Replacement Program requirements as outlined above. The two
(2) proposed affordable housing units would provide for two (2) out of the 2.5 units (five (5)
existing units multiplied by 50%) that would be required for the demolition of the existing
building. Additionally, the three (3) bedrooms of affordable housing being proposed would
provide for all of the necessary replacement bedrooms and all but 299 square feet of the required
replacement square footage.
That being said, the Applicant has proposed to pay cash-in-lieu totaling $179,285.75 (calculated
by taking 1.75 employees housed per I-bedroom unit and multiplying this by the Category 2
cash-in-lieu fee of $204,898, then multiplying the total by .5 units; the square footage subject to
cash-in-lieu also coincidentally equals half of the square footage required for a I-bedroom unit)
for the .5 of a unit and 299 square feet of replacement mitigation that is not going to be satisfied
with the two (2) proposed affordable housing units. Staff believes that the two (2) proposed
aflordable housing units in combination with the cash-in-lieu fee of $179,285.75 for the fraction
of a unit not being replaced on site satisfies the multi-family replacement program requirements
for this property.
GROWTH MANAGEMENT REVIEw: AFFORDABLE HOUSING
The Planning and Zoning Commission has approved the growth management review for the
development of affordable housing pursuant to Resolution No.5, Series of 2006. The Planning
and Zoning Commission found that there continues to be a need for the development of
additional affordable units in that the overall development ceiling for affordable housing that is
established in the growth management section of the land use code has not yet been reached.
The Housing Authority has reviewed the proposal and finds that the proposed affordable housing
units meet the Employee Housing Guideline requirements. Staff has included a condition of
approval in the proposed ordinance outlining the conditions that the Housing Board requested.
SCHOOL LANDS DEDICATIONS FEE:
Given that the proposed development constitutes a full subdivision review, Land Use Code
Section 26.630, School Lands Dedications, requires that the Applicant either dedicate lands for
school function or pay a cash-in-lieu fee. The Applicant has proposed to pay a cash-in-lieu fee
pursuant to the fee schedule established in Land Use Code Section 26.630. Staff has included a
condition of approval in the proposed ordinance requiring that the Applicant pay the School
Lands Dedications fee prior to issuance of a building permit for the proposed development.
4
PARK DEVELOPMENT IMPACT FEE:
The Applicant is required to pay a Park Development Impact Fee for additional bedrooms added
to the site pursuant to Land Use Code Section 26.610, Park Development Impact Fee. The Park
Development Impact Fee for this project shall be assessed based on the following calculation:
2 Units multiplied by $3,634 (three-bedroom or larger fee) =$7,268.00
1 Unit multiplied by $2,725 (two-bedroom fee) = $2,725.00
I Unit multiplied by the $2,120 (I-bedroom fee) = $2,120.00
Credit for existing 5 l-bedroom units= $10.600.00
Park Development Impact Fee= $1,513.00
StaIr has included a condition of approval in the proposed ordinance requiring that a Park
Development Impact Fee of$I,513.00 be paid at prior to building permit issuance.
TRASHf UTILITY SERVICE AREA LOCATION:
The Applicant has proposed to provide a trash service area adjacent to the side property line and
offset from the alley so that two (2) off-street parking spaces can be provided adjacent to the
alley. A dumpster cannot be accessed from this location, although trash barrels can. Staff has
included a condition of approval in the proposed ordinance requiring that bear-proof trash cans
be used rather than a dumpster due to the access problems.
REFERRAL AGENCY COMMENTS:
The City Engineer, Fire Marshall, Water Department, Aspen Consolidated Sanitation District,
Housing Department, and the Parks Department have all reviewed the proposed application and
their comments have been included as conditions of approval when appropriate.
ISSlIES FROM FIRST READING:
Several concerns were raised by City Council at first reading of the proposed ordinance. At first
reading, City Council asked if the aflordable housing units could be placed above grade. In
response, the Applicant has indicated that there is not a standard in Land Use Code Section
26.530, Resident Multi-Family Replacement Program, requiring that the replacement affordable
housing units be placed above-grade. Nonetheless, the Applicant wanted to clarify that the
proposed affordable housing units are partially on the ground floor and partially in the basement
as can be seen in the building sections attached as Exhibit "E". Related to this issue, City
Council asked to the see the building code requirements for natural light as was referenced in the
Housing Authority's comments that were included in the first reading memorandum. Staff has
attached the building code requirements for natural light as Exhibit "F". The Building
Department has reviewed the preliminary plans in the application and has indicated that the
proposed aflordable housing units meet the building code requirements for natural light.
City Council also expressed a desire for the Applicant to provide an additional affordable
housing unit rather than paying the cash-in-lieu fee for a half of a unit as has been proposed. In
response, the Applicant has indicated that Land Use Code Section 26.530.040(D), Cash-in-Lieu
Payment, allows for an Applicant to pay cash-in-lieu for a fraction of a unit at their discretion.
Land Use Code Section 26.530 reads as follows:
Section 26.530, Cash-In-Lieu Payment: When the owner's affordable housing
replacement requirement o{this section involves a fraction of a unit. cash in lieu may
5
be provided to meet the fractional requirement only. The amount ol a cash-in-lieu
shall be determined by the Aspen/Pitkin County Housing Authority according to the
applicable Affordable Housing Guidelines.
Staff agrees with the Applicant's assertion that the land use code language described above
allows the Applicant to pay cash-in-lieu for a fraction of an affordable housing unit required by
the Resident Multi-Family Replacement Program.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission approved the growth management review for affordable
housing and recommended that City Council approve the subdivision request with conditions.
The Planning and Zoning Commission's resolution related to this matter was attached as Exhibit
"D" in the first reading memo. Additionally, the Planning and Zoning Commission's minutes
are attached as Exhibit "Goo.
RECOMMENDATION:
Staff recommends that City Council approve the attached ordinance, approving with conditions,
the requested subdivision and condominiumization finding that the applicable review standards
are satisfied by the proposal.
CITY MANAGER'S COMMENTS:
RECOMMENDED MOTION (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE):
"I move to approve Ordinance No.9, Series of 2006, approving with conditions, the Cooper
Apartments Subdivision to develop a multi-family building consisting of two (2) free-market
residential units and two (2) deed-restricted affordable housing units at 410 S. West End Street."
ATTACHMENTS:
EXHIBIT A - Review Criteria and Staff Findings
EXHIBIT B - Application (attached in the First Reading Packet)
EXHIBIT C - Referral Comments (attached in the First Reading Packet)
EXHIBIT D - Planning and Zoning Commission Resolution (attached in the First Reading Packet)
EXH IBIT E - Proposed Building Sections and Existing Floor Plans
EXHIBIT F - International Building Code Requirements: Natural Light
EXHIBIT G-- Planning and Zoning Commission Minutes
6
ORDINANCE NO.9
(SERIES OF 2006)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH
CONDITIONS, THE COOPER APARTMENTS SUBDIVISION AND
CONDOMINIUMIZATION TO CONSTRUCT A MUTI-FAMILY BUILDING
CONSISTING OF TWO FREE-MARKET RESIDENTIAL UNITS AND TWO
DEED-RESTRICTED AFFORDABLE HOUSING UNITS ON THE PROPERTY
LOCATED AT 410 S. WEST END STREET, LOTS A AND B, BLOCK 118, CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
ParcelID: 2737-182-91-001
WHEREAS, the Community Development Department received an application
from John R. Provine and Ronald E. Soldering, Trustee - Soldering Living Trust, Inc,
represented by Vann Associates, requesting approval of Subdivision, Growth
Management Review for the development of affordable housing, and
condominiumization to construct a multi-family building consisting of two free-market
residential units and two deed-restricted affordable housing units on the property located
at 410 S . West End Street; and,
WHEREAS, the subject property is zoned RMF (Residential Multi-Family); and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, during a duly noticed public hearing on February 7, 2006, the
Planning and Zoning Commission approved Resolution No.5, Series of 2006, by a five to
zero (5-0) vote, approving with conditions, a growth management review for the
development of affordable housing, and recommending that City Council approve with
conditions, the proposed subdivision and condominiumization to construct a multi-family
building consisting of two (2) free-market residential units and two (2) deed-restricted
affordable housing units located on the property located at 4 JO S. West End Street, Lots
A and B, Block 118, City and Townsite of Aspen; and,
WHEREAS, during a duly noted public hearing on March 27, 2006, the Aspen
City Council approved Ordinance No. _, Series of 2006, by a _ to _ L-_)
vote, approving with conditions, the proposed subdivision and condominiumization to
construct a multi-family building consisting of two (2) free-market residential units and
two (2) deed-restricted affordable housing units located on the property located at 410 S.
West End Street, Lots A and 8, Block 118, City and Townsite of Aspen; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director. the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Aspen City Council hereby approves with conditions, the Cooper
Apartments Subdivision and Condominiumization in order to construct a multi-family
building consisting of two (2) free-market residential units and two (2) deed-restricted
affordable housing units on the property located at 410 S. West End Street, Lots A and B,
Block 118, City and Townsite of Aspen.
Section 2: Plat and A2reement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approval. The final
Condominium Plat may be approved and signed by the Community Development Director
upon substantial completion of construction.
Section 3: Buildin2 Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and P&Z Resolution.
a. The conditions of approval printed on the cover page of the building permit set.
b. A completed tap permit for service with the Aspen Consolidated Sanitation District.
c. A drainage plan, including an erosion control plan, prepared by a Colorado licensed
Civil Engineer, which maintains sediment and debris on-site during and after
construction. If a ground recharge system is required, a soil percolation report will
be required to correctly size the facility. A 5-year storm frequency should be used
in designing any drainage improvements.
d. An excavation-stabilization plan, construction management plan, and drainage and
soils reports pursuant to the Building Department's requirements. The construction
management plan shall include an identification of construction hauling routes,
construction phasing, and a construction traffic and parking plan for review and
approval by the City Engineer and Streets Department Superintendent. The
construction management plan shall also identify that the adjacent sidewalks will be
kept open and maintained throughout construction.
e. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
f. A detailed excavation plan that utilizes vertical soil stabilization techniques for
review and approval by the Community Development Engineer.
g. Accessibility and ADA requirements shall meet the building code requirements.
Section 4: Dimensional Requirements
The redevelopment of the building as presented complies with the dimensional
requirements of the Residential Multi-Family (RMF) Zone District. The structure shall
meet all of the required Residential Design Standards applicable to a multi-family
building. Compliance with these requirements will be verified by the City of Aspen
Zoning Officer at the time of building permit submittal.
Section 5: Trash/Utilitv Service Area
The trash enclosure, located adjacent to the side property line and accessed from the
alley, shall not use a dumpster style trash container. The trash containers shall be wildlife
proof.
Section 6: Sidewalks, Curb, and Gutter
The sidewalks and crosswalk ramps adjacent to the property shall be upgraded to meet
City Engineer's requirements and ADA requirements prior to issuance of a certificate of
occupancy on any of the units within the development. Additionally, the sidewalk along
South West End Street shall be reconstructed so that it is detached from the curb, creating
a five (5) wide landscaping buffer. The Applicant shall also repair any curb and gutter
adjacent to the property that is deemed to be in disrepair by the City Engineer before a
certificate of occupancy is issued for any of the units within the development.
Section 7: Relocation of Utili tv Pedestal
The Applicant shall relocate the utility pedestal that currently exists in the Block 118
alleyway near its intersection with South West End Street. The utility pedestal shall be
relocated further north in the South West End Street Right-of-Way since it serves
multiple properties.
Section 8: Affordable Housinl!
The affordable housing units shall be in compliance with the Aspen/Pitkin County
Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed
restriction on each of the affordable housing units at the time of recordation of the
condominium plat and prior to the issuance of a Certificate of occupancy for the building,
classifying the units as Category 2 units. Included in the governing documents shall be
language reflecting the potential for the units to become ownership units.
If the Applicant chooses to deed restrict the affordable housing units as rental units, the
Applicant shall convey a 1110 of a percent, undivided interest in the units to the
,.~,~-_......~->--~---
Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of
occupancy on any portion of the building. The units may be deed-restricted as rental
units, but the units shall become ownership units at such time as the owners would
request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing
Authority deems the units to be out of compliance with the rental occupancy
requirements in the Aflordable Housing Guidelines for a period of more than year. A
total of two off-street parking spaces shall be allocated and reserved for the affordable
housing units.
Section 9: Fire Mitil!:ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
Section 10: Water Deoartment ReQuirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25. and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. Each of the units within the building shall have individual water meters.
Section 11: Sanitation District ReQuirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter, patio drains) to
ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade
development may require installation of a pumping system. One tap is allowed for each
building. Shared service line agreements will be required where more than one unit is served
by a single service line. Permanent improvements are prohibited in sewer easements or
right of ways. Landscaping plans will require approval by ACSD where soft and hard
landscaping may impact public ROW or easements to be dedicated to the district.
Section 12: Electrical Deoartment ReQuirements
The Applicant shall have an electric connect load summary conducted by a licensed
electrician in order to determine if the existing transformer on the neighboring property
has sufficient capacity for the redevelopment. If a new supplemental transformer is
required to be installed on the subject property, the Applicant shall provide for a new
transformer and its location shall be approved by the Community Development
Department prior to installation. The Applicant shall dedicate an easement to allow for
City Utility Personnel to access the supplemental transformer for maintenance purposes,
if a supplemental transformer is installed. If after the subdivision plat is recorded and in
the event an easement is required, then the Community Development Director shall
review and approve the easement on the condominium plat.
Section 13: Exterior Lil!:htinl!:
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 14: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen
Community Development Department shall calculate the amount due using the
calculation methodology and fee schedule in effect at the time of building permit
submittal. The Applicant shall provide the market value of the land including site
improvements, but excluding the value of structures on the site.
Section 15: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant
shall pay a park development impact fee prior to building permit issuance. The Park
Development Impact Fee schedule is subject to change and the actual fee shall be
calculated according to the fee schedule in effect at the time of building permit submittal
as set forth in Land Use Code Section 26.610, Park Development Impact Fee.
Section 16: Impact Fees
All other impact fees, as applicable, at the time of building permit submission shall be
paid prior to the issuance of a building permit.
Section 17: Landscapilll!
An approved tree removal permit and excavation under the drip line permit is required
prior to submitting the building permit. The Parks Department approval will be
contingent on the approved tree permit. A detailed tree protection plan is required as part
of the building permit submittal and should include fence details and fence locations as
well as the following language, "A construction fence shall be installed at the drip line of
each individual or grouping of trees remaining on site." No excavation, storage of
materials, storage of construction backfill, storage of equipment, and foot or vehicle
traffic will be allowed within the tree protection fence.
Contact the City of Aspen Parks Department for inspection of the fence before any
construction activities commence. Specific excavation techniques to be approved by the
Parks Department shall be required along the entire length of the Cooper Avenue
excavation and vertical excavation shall be required along the length of South West End
Street excavation. No over digging is allowed on the South West End Street and Cooper
Avenue excavations.
After inspection and approval of the fence location, the fence cannot be moved or
removed without permission from the Parks Department or until the project receives the
Certificate of Occupancy." Improvements to both of the adjacent City ROW's shall
include irrigation, new sod and soil, and new street tree plantings along East Cooper
Avenue and South West End Street meeting the approval of the Parks Department.
Autumn Blaze Maple trees shall be planted along Cooper Avenue and Ussarian Pear trees
shall be planted along South West End Street. All street tree plantings shall be evenly
spaced at about fifteen (15) to twenty (20) feet apart.
The Parks Department will perform a diagnostic test on the tree located adjacent to the
proposed northeast entry walk to determine if the tree should be removed prior to the
commencement of construction activities. If the abovementioned tree is prohibited from
removal by the Parks Department, the Applicant shall redesign or remove the walkway to
Cooper A venue. The Applicant shall also remove the stand of Aspen Trees located near
the northwestern corner of the property because they are in declining health.
Section 18: Vested Riehts
The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
However, any failure to abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property rights. Unless otherwise
exempted or extended, failure to properly record all plats and agreements required to be
recorded, as specified herein, within 180 days of the effective date of the development
order shall also result in the forfeiture of said vested property rights and shall render the
development order void within the meaning of Section 26.104.050 (Void permits).
Zoning that is not part of the approved site-specific development plan shall not result in
the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary
to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property right, valid for a period of three
(3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following described property: Property
Nothing in this approval shall exempt the development order from subsequent reviews
and approvals required by this approval of the general rules, regulations and ordinances
or the City of Aspen provided that such reviews and approvals are not inconsistent with
this approval.
The approval granted hereby shall be subject to all rights of referendum and judicial
review; the period of time permitted by law for the exercise of such rights shall not begin
to run until the date of publication of the notice of final development approval as required
under Section 26.304.070(A). The rights ofreferendum shall be limited as set forth in the
Colorado Constitution and the Aspen Home Rule Charter.
Section 19:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 20:
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 21:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 22:
A public hearing on the ordinance shall be held on the 27th day of March, 2006, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a newspaper of general circulation
within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 27th day of February, 2006.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 27th day of March, 2006.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
Exhibit A
SUBDIVISION REVIEW CRITERIA & STAFF FINDINGS
Section 26.480.050 of the City Land Use Code provides that development applications for
Subdivision must comply with the following standards and requirements.
A. General Requirements.
a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan.
Staff Finding
The project satisfies the requirements of the resident multi-family replacement program and
provides deed restricted aflordable housing within the City of Aspen's municipal boundaries.
Staff does not believe that this application conflicts with the goals and objectives of the AACP.
Staff finds this criterion to be met.
b. The proposed subdivision shall be consistent with the character of existing land uses in
the area.
Staff Finding
StafI believes that the proposed multi-family use is consistent with the land uses in the
immediate vicinity which primarily include multi-family buildings. Staff finds this criterion to be
met.
c. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
Staff Finding
As the application indicates, the surrounding properties are close to fully developed. Therefore,
Staff does not believe that the proposal will adversely aflect the future development of the
surrounding properties. Staff finds this criterion to be met.
d. The proposed subdivision shall be in compliance with all applicable requirements of
this Title.
Staff Finding
The proposed development is in compliance with the Residential Multi-Family zone district
requirements and meets all other land use regulations. Staff finds this criterion to be met.
B. Suitability of landfor subdivision.
a. Land suitability. The proposed subdivision shall not be located on land unsuitable for
development because of jlooding, drainage, rock or soil creep, mudjlow, rockslide,
avalanche or snowslide, steep topography or any other natural hazard or other condition
that will be harmful to the health, safety, or welfare of the residents in the proposed
subdivision.
b. Spatial pattern efficient. The proposed subdivision shall not be designed to create
spatial patterns that cause inefficiencies, duplication or premature extension of public
facilities and unnecessary public costs.
7
Staff Finding
Staff believes that the property is suitable for subdivision. The site contains no steep topography
and no known geologic hazards that may harm the health of any of the inhabitants of the
proposed development. In addition, Staff believes that there will not be a duplication or
premature extension of public facilities because the property to be subdivided is already served
by adequate public facilities. Therefore, Staff finds this criterion to be met.
C. Improvements. The improvements setforth at Chapter 26.580 shall be providedfor the
proposed subdivision. These standards may be varied by special review (See, Chapter 26.430)
if the following conditions have been met:
I. A unique situation exists for the development where strict adherence to the subdivision
design standards would result in incompatibility with the Aspen Area Comprehensive Plan,
the existing, neighboring development areas, and/or the goals of the community.
2. The applicant shall specify each design standard variation requested and provide
justification for each variation request, providing design recommendations by professional
engineers as necessary.
StafI Finding
The Applicant has consented in the application to meet the applicable improvements pursuant to
Section 26.580. Staff finds this criterion to be met.
D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall
be required to provide affordable housing in compliance with the requirements of Chapter
26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling
units shall be required to provide affordable housing in compliance with the requirements of
Chapter 26.470, Growth Management Quota System.
StafIFinding
The Applicant has is providing to aflordable housing units as required by the Replacement
Housing Program and meets the affordable housing review standards of the growth management
section of the land use code. Staff finds this criterion to be met.
E. School Land Dedication. Compliance with the School Land Dedication Standards set forth
at Chapter 26.630.
StafI Finding
The proposed subdivision is required to meet the School Land Dedication Standards pursuant to
Land Use Code Section 26.630. The Applicant has proposed to pay cash-in-lieuof providing
land, which will be paid prior to building permit issuance. Thus, Staff finds this criterion to be
met.
F. Growth Management Approval. Subdivision approval may only be granted to applications
for which all growth management development allotments have been granted or growth
management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision
approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit
Development (AH-PUD) without first obtaining growth management approvals if the newly
created parcel(s) is required to obtain such growth management approvals prior to
8
development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, &
2)
Staff Finding
The proposed free-market residential units are exempt from growth management because they
are replacement units. The Applicant has also concurrently applied for growth management
review to construct the proposed affordable housing units. Please see Staffs responses to the
review standards for a growth management review for the development of affordable housing.
9
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INTERIOR ENVIRONMENT
is conditioned in accordance with the International
Energy Conservation Code.
5. For buildings in flood hazard areas as established in
Section 1612.3, the openings for under-floor ventila-
tion shall be deemed as meeting the flood opening re-
quirements of ASCE 24 provided that the ventilation
openings are designed and installed in accordance
with ASCE 24.
1203.4 Natural ventilation. Natural ventilation of an occupied
space shall be through windows, doors, louvers or other open-
ings to the outdoors. The operating mechanism for such open-
ings shall be provided with ready access so that the openings
are readily controllable by the building occupants.
1203.4.1 Ventilation area required. The minimum
openable area to the outdoors shall be 4 percent of the floor
area being ventilated.
1203.4.1.1 Adjoining spaces. Where rooms and spaces
without openings to the outdoors are ventilated through
an adjoining room, the opening to the adjoining room
shall be unobstrUcted and shall have an area of not less
than 8 percent of the floor area of the interior room or
space, but not less than 25 squarefeet (2.3 m'). The mini-
mnm openable area to the outdoors shall be based on the
total floor area being ventilated.
Exception: Exterior openings required for ventila-
tion shall be permitted to open into a thermally iso-
lated snmoom addition or patio cover provided that
the openable area between the sunroom' addition Of
patio cover and the interior room shall have an area of
not less than 8 percent of the floor area of the interior
room or space, but not less than 20 square feet (\.86
m'). The minimum openable area to the outdoors shall
be based on the total floor area being ventilated.
1203.4.1.2 Qpenings below grade. Where openings be-
low grade provide required natural ventilation, the out-
side horizontal clear space measured perpendicular to .
the opening shall be one and one-half times the depth of
the opening. The depth of the opening shall be measured
from the average adjoining ground level to the bottom of
the opening.
1203.4.2 Contaminants exhausted. Contaminant sources
in naturally ventilated spaces shall be removed in accer-
dance with the International Mechanical Code and the In-
ternational Fire Code.
1203.4.2.1 Bathrooms. Rooms containing bathtubs,
showers, spas and similar bathing fixtures shall be me-
chanically ventilated in accordance with the Interna-
tional Mechanical Code.
1203.4.3 Openings on yards or courts. Where natural ven-
tilation is to be provided by openings onto yards or courts,
such yards or courts shall comply with Section 1205.
1203.5 Qther ventilation and exhaust systems. Ventilation
and exhaust systems for occupancies and operations involving
flammable or combustible hazards or other contaminant
sources as covered in the International Mechanical Code or the
International Fire Code shall be provided as required by both
codes.
tyVtt'~~f \'{= ( -,
SECTION 1204
TEMPERATURE CONTROL
1204.1 Eqnipment and systems. Interior spaces intended for
human occupancy shall be provided with active or passive
space-heating systems capable of maintaining a minimum in-
door temperature of 680F (20'C) at a point 3 feet (914 mm)
above the floor on the design heating day.
Exception: lnterior spaces where the primary purpose is not
associated with human comfort.
SECTION 1205
LIGHTING
1205.1 General. Every space intended for human occupancy
shall be provided with natural light by means of exterior glazed
openings in accordance with Section 1205.2 or shall be pro-
vided with artificial light in accordance with Section 1205.3.
Exterior glazed openings shall open directly onto a public way
or onto a yard or court in accordance with Section 1206.
1205.2 Naturalli2ht. The m;n;mnTILJJ.e~1::l7P(i ::lTP::l ",h::ll1 not
.te less than 8 percent of the floor area of the room served.
1205.2.1 Adjoining spaces_ For the purpose of natural
lighting, any room is pennitted to be considered as a portion
of an adjoining room where one-half of the area of the com-
mon wall is open and unobstructed and provides an opening
of not less than one-tenth of the floor area of the interior
room or 25 square feet (2.32 m'), ~ichever is greater.
Exception: Openings required for natural light shall be I
permitted to open into a thermally isolated sumoom ad-
dition or patio cover where the common wall provides a
glazed area of not less than one-tenth of the floor area of
the interior room or 20 square feet (\.86 m'), whichever
is greater.
1205.2.2 Exterior openings. Exterior openings required by
Section 1205.2 for natural light shall open directly onto a
public way, yard or court, as set forth in Section 1206.
Exceptions:
1. Required exterior openings are permitted to open
into a roofed porch where the porch:
1.1. Abuts a public way. yard or court.
1.2. Has a ceiling height of not less than 7 feet
(2134 mm).
\.3. Has a longer side at least 65 percent open
and unobstructed.
2. Skylights are not required to open directly onto a
public way, yard or court.
1205.3 Artificial light. Artificial light shall be provided that is
adequate to provide an average illumination of 10 foot-candles
(107 lux) over the area of the room at a height of 30 inches (762
mm) above the floor level.
1205.4 Stairway illumination. Stairways within dwelling
units and exterior stairways serving a dwelling unit shall bave I
an illumination level on tread runs of nolless than I foot-candle
(11 lux). Stairs in other occupancies shall be governed bY
Chapter 10. .
2003 INTERNATIONAL BUILDING CooE@ j
~xtu ~-~I- \1GJ1
Asoen Plannin!!: & Zonin!!: Commission Meetin!!: - Minutes - Februarv 07. 2006
ultimately support this with a specific development application but he was not
comfortable with it as it stands now.
Brian Speck said that he felt the same way John did and a mixed use project made
sense in the area and supported it.
Jasmine Tygre stated concern for this because she did not believe this was an
appropriate site for a mixed use project; even through it was an extension of Main
Street the Main Street that was east of7'h was completely different, they were two
different entities. Tygre said this was more of a 7th Street property than a Main
Street property and the uses were more in line with residential. Tygre said the
impacts of deliveries was a problem for this site and did not feel this was an
appropriate area for this kind of mixed use zone; it was a disservice to the other
parts of the residential area. Tygre said that it was possible that a mixed use
project of a particular type might be successful here in which case she would like
to see another way to apply for it through a PUD or a site specific review, which
could be evaluated and not the blanket rezoning approval to a kind of use for only
certain circumstances. Tygre said that she could support a particular project.
Michelle Bonfiles Tevo requested a continuance.
James Lindt stated that the applicant could request a continuance (26.304 Common
Development Procedures of the Code) and a second continuance could be by the
commission's request.
MOTION: Steve Skadron moved to continue the public hearing for the Long
Family PUD, 802 West Main to February 21"; seconded by Brain Speck. All in
favor, APPROVED.
PUBLIC HEARING:
410 SOUTH WEST END STREET - SUBDIVISION
Jasmine Tygre opened the public hearing for 410 South West End Street. James
Lindt stated the proof of public notice appeared to meet the jurisdictional
requirements.
Lindt noted the application was submitted by John Provine and Ronald Soldering
living Trust subject to review for subdivision, growth managementJor affordable
housing and certificate of compliance for multifamily replacement program to
construct 2 free-market units and 2 affordable housing units at 410 South West End
Street. Planning and Zoning was final review on the growth management for the
affordable housing and recommending body to City Council on the Subdivision
5
Asoen Plannin2 & Zonin2 Commission Meetin2 - Minutes - Februarv 07, 2006
request. The community Development Director was the final reviewing authority
on the certificate of compliance with the multifamily replacement program at the
time of building permit of the other land use actions were approved.
Lindt stated the applicants wanted to demolish the existing 5 plexthat exists at 410
South West End Street, on the Southeast comer of Cooper and South West End
Street. The lot was 6,000 square feet zoned RMF; the 2 affordable housing units
would be subgrade. The RMF dimensional requirements would be met (page 2 of
the memo ) and it met the residential design standards. Lindt utilized elevation
drawings depicting South West End Street with the entrances to the free-market
units and the alley fac,:ade to the south of the structure with 2 two car garages
accessed off of the alley.
Lindt said there were utilities in place to serve that existing multifamily building;
the parcel was flat without geologic hazards. Lindt said the applicant was
providing 2 subgrade affordable units plus cash-in-lieu fee of $179,000.00 for the
additional half of a unit that would be required to be replaced. The Housing
Authority has reviewed the proposed affordable housing units and indicated they
meet the affordable housing guideline requirements. Lindt stated that it was never
codified that employee housing units be required to be above grade even though it
has been the Commissions preference to be above grade. The review standards
were attached as exhibit A and staff recommended P&Z approve the resolution
with the conditions. A condition in the resolution was to provide a detached
sidewalk from the curb.
Sunny Yann stated the conditions were acceptable to the applicant as drafted.
Ruth Kruger asked Sunny to speak to the livability ofthe affordable units. Vann
replied that the units were half above and half below. Kruger asked if the
bedrooms were under the garages. Yann replied the free market bedrooms were
under the garages; the affordable housing was in the center portion of the site
adjacent to what would be the east property line (drawing pages A2.1). Lindt
explained that AO.3 showed all the different levels of the building.
Steve Skadron asked the difference between fhe request for a subdivision approval
and subdivision approval including condominiumization. Lindt answered there
was not much difference, typically when a project is to be condominiumized it was
a stafflevel review but this was placed in the packet for P&Z and Council. Yann
said there was no way to create a multifamily structure and sell the units without
condominiumization. Skadron asked if other properties wcre condominiums in the
neighborhood. Most of the neighbors were condominiums.
6
ASDen Plannin!!: & Zonin!!: Commission Meetin!!: - Minutes - Februarv 07. 2006
Tygre asked ifthe affordable units would be under the Housing Rental Guidelines
with mandatory occupancy. Vann replied yes and said the housing units exceeded
the minimum size requirements for Category 2 units; the entire structure would be
condominiumized and the ownership of the 2 affordable housing units would be
owned by the association subject to the deed restrictions.
No public comments.
MOTION: Steve Skadron moved to approve Resolution 08, Series of 2006,
approving with conditions, a growth management review for the development of
affordable housing, acknowledging the condominiumization of the development is
to be approved the Community Development Director, and recommending that the
City Council approve with conditions, the Copper Apartments Condominiums to
develop a multifamily building consisting of two (2) free-market residential units
and two (2) deed-restricted affordable housing units at 4/0 South West End Street.
Seconded by Brian Speck. Roll call vote: Speck, yes; Kruger, yes; Skadron, yes;
Rowland, yes; Tygre, yes. APPROVED 5-0.
Discussion: Kruger stated that she was disappointed to see sub grade affordable
housing units. Tygre agreed with Ruth but in general this was a better solution
than some of the other units that P&Z has seen. Tygre commended the applicants
for staying within the dimensional requirements. Speck agreed with Ruth and
Jasmine.
Meeting adjourned at 6:20 pm.
ackie Lothian, Deputy City Clerk
7
MEMORANDUM
c.,
TO:
Mayor Klanderud and City Council 11/ ^
Chris Bendon, Community Development Director \jJ\ VV\
Joyce A.)j~r, Deputy Director of Community Development
Second Reading of Ordinance No.~, Series of 2006, "Boomerang Vacant
Parcel" Rezoning and Lot Split-Public Hearing
THRU:
FROM:
RE:
DATE:
March 27, 2006
ApPLICANT /OWNER:
Aspen FSP-ABR, LLC
LOCATION: South side of West Hopkins Avenue between 4th and 5"' Streets.
PARCEL ID NlIMBER: 2735-124-66-001
ClIRRENT ZONING: R-15 (Moderate- Density Residential) Zone District with a PUD and
Lodge Preservation Overlay.
PROPOSED ZONING: R-6 (Medium-Density Residential) Zone District.
SlIMMARY:
The Applicant requests to rezone the subject property from the R-15 Zone District to the R-
6 Zone District in order to split the parcel into two (2) parcels for the construction of three
(3) detached residential dwelling units.
ApPROVED AND ClIRRENT LAND USE:
The subject property is currently vacant but has PUD approval and vested rights to
construct seventeen (17) lodging bedrooms in seven (7) lodge units and two (2) affordable
housing units.
P&Z AND STAFF RECOMMENDATION:
Approval with conditions.
SUMMARY:
The Applicant is requesting to rezone the property located on the south side of West Hopkins
Avenue between South 4th and South 5'h Street from the R-15 (Moderate-Density
Residential) Zone District with a PUD and Lodge Preservation Overlay to the R-6 (Medium-
Density Residential) Zone District. Their goal is to perform a lot split to create two (2)
parcels of land for the construction of three (3) detached single-family residential units. The
parcels to be created would be as follows:
. Lot I would bc 12,237 square feet in size with two detached single-family residences;
. Lot 2 would be 7,500 square feet in size with one single-family residence;
. Vehicular access to Lot I is proposed from the 4[h Street stub and vehicular access to Lot
2 is proposed from W. Hopkins Avenue.
. The proposal includes mitigation for an Administrative Growth Management Exemption
(outlined further in this memo), likely including the development of ADUs or Carriage
Houses, or cash in lieu, to meet the Growth Management Review requirements. The
square footages included within any ADU or Carriage House would be applied to the
allowable floor area.
This parcel of land has PUD approval and vested rights to construct an expansion of the
Boomerang Lodge that would consist of seventeen (17) lodging bedrooms and two (2)
affordable housing units. As part of the associated lot split application, the Applicant would
forfeit the development rights associated with the approved PUD upon recordation of the lot
split plat at the conclusion of the review. The action included in the proposed ordinance
would also vacate the previously approved subdivision plat and allow for the new lot split to
prevail.
REVIEW PROCEDlIRE
Rezoning and Lot Split (Two Step Review). The Applicant has requested the ability to
combine the review of the rezoning and lot split requests pursuant to Land Use Code Section
26.304.060(B)(1), Comhined Reviews. The Community Development Director has
determined that it would be appropriate for the review of the rezoning and lot split requests to
be combined to ensure clarity in the final decision. That being the case, the Planning and
Zoning Commission is the recommending body to City Council on both the rezoning and lot
split requests. The associated growth management exemptions for development on
properties created by a lot split are to be reviewed by the Community Development Director
pursuant to the review procedures set forth in Land Use Code Section 26.470.040(B)(1),
Administrative Growth Management Review: Detached single-Jamily or duplex dwelling
units. (The PUD section of the land use code exempts single-family and duplex
development on properties that have a PUD overlay from requiring a PUD amendment,
regardless of whether the property has an approved site-specific development plan as this
property does.)
STAFF COMMENTS:
Rezoninz and Lot Solit:
Several of the properties adjacent to the subject property are zoned R-15, which is the zone
district in which the subject property is currently located. Of these properties that are zoned
R-15, hardly any of them are developed in conformance with the R-15 zone district's uses
and dimensional requirements. That being said, the majority of the properties in the
neighborhood are zoned R-6, including the Boomerang Lodge parcel that is located directly
across W. Hopkins Avenue. Staff does not find that the proposed rezoning would create a
spot zoning situation in that the R-6 zoning is found in the neighborhood.
In comparing the allowable development rights between the existing and proposed zoning,
there are a couple of scenarios to consider.
. With the PROPOSED lot and zone change, the Applicant could yield three (3)
moderately-sized single-family residential structures,
2
(Specifically, a single-family residence of 3,450 square feet of floor area on Lot 1 and two
(2) detached residences equaling a total of 4,274 square feet (two structures of 2, 137 square
feet if allocated equally by the Applicant) of floor area on Lot 2.)
VERSUS
. Under CURRENT zoning, the Applicant could construct one very large single-family
residence or duplex by right as an alternative to building the lodging PUD that has
vested rights.
(Specifically a single-family residence of 4,784 square feet of floor area or an attached
duplex of 5,204 square feet of floor area.)
Staff feels that allowing for three (3) smaller residences to be constructed on the property
instead of one large house or duplex will reduce the apparent mass of structures on the site,
which Staff believes is consistent with the intent of some of the residential design standards
that are in the City's land use code. Moreover, Staff believes that the proposed rezoning
and lot split would allow for a pattern of residential development that is more consistent
with the pattern of residential development in the neighborhood in that the other R-15
parcels located on the block range between 6,000 and 12,000 square feet and contain
structures of between 1,696 square feet and 4,323 square feet of FAR.
. 431 West Hopkins- 4,323 sq. feet of floor area
. 413 West Hopkins- 3,452 sq. feet of floor area
. 205 S. Third- 1,696 sq. feet of floor area
Additionally, the majority of the R-6 zoned properties in the immediate area are between
6,000 and 12,000 square feet, a size consistent with the proposed lots.
Vehicular Access:
As was described above, the Applicant has proposed to gain vehicular access to Lot 1 from
the South 4th Street stub located adjacent to the property. For Lot 2, the Applicant
proposes to take vehicular access from West Hopkins Avenue through a new curb cut.
Staff believes that there will be potential pedestrian/vehicular conflicts no matter where the
Applicant chooses to take access to the lots since a pedestrian trail surrounds the fathering
parcel in both the 4th Street and Hopkins Avenue Right-of-Ways.
The Planning Staff and the Parks Department believe that the access configuration proposed
by the Applicant for Lot 1 is the most sensible configuration in that the trail adjacent to W.
Hopkins gets more traffic than the trail that crosses 4th Street. Therefore, Staff
recommends that the proposed access configuration included in the addendum to the
application be approved. Staff has further proposed a condition of approval in the attached
ordinance, requiring that the two (2) single-family residential units on Lot 2 share a
driveway so that only one curb cut is necessary for this lot, thereby lessening the potential
vehicular/pedestrian conflicts to the greatest extent practical. The Applicant has worked
with both the Planning and Parks Department Staff to come up with an access location that
will not reduce the number on-street parking spaces.
3
A condition of approval has also been included in the proposed ordinance that requires the
Applicant to take some mitigation measures to make sure that trail users are made aware
that the proposed driveway to Lot 1 crosses the trail before they come upon it. These
mitigation measures include limiting the height of vegetation that can be planted adjacent to
the driveway so that a sight triangle for motorists exiting the lot is maintained where the
driveway crosses the trail. Additionally, a condition of approval is proposed requiring that
the Applicant relocate the existing trail sign to the south side of the proposed driveway to
Lot 1 and install a sign meeting the Parks Department's approval on the back side of the
existing sign to indicate the presence of the driveway.
GMOS lmolications:
The Applicant has concurrently applied for an administrative growth management review
for the development of a single-family residence, multiple detached single-family dwelling
units, or a duplex on a lot created by a lot split pursuant to Land Use Code Section
26.470.040(B)(1), Administrative Growth Management Review: Detached single-family or
duplex dwelling units. This request is handled by the Community Development Director to
ensure that one of the options for each residential unit is put in place. The type of
mitigation is chosen by the applicant.
For a SINGLE-FAMILY RESIDENCE to be constructed on a lot created by a lot split,
one of the following mitigation measures is provided:
a) Provide an above grade, detached Accessory Dwelling Unit (ADU) or a Carriage
House pursuant to Section 26.520, Accessory Dwelling Units and Carriage
Houses; or,
b) Provide an Accessory Dwelling Unit, or a Carriage House, authorized through
Special Review to be attached and/or partially or fully subgrade, pursuant to
Section 26.520; or,
c) Provide an off-site Affordable Housing Unit within the Aspen lnfill Area
accepted by the Aspen/Pitkin County Housing Authority and deed restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines, as
amended; or,
d) Pay the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended; or
e) Record a resident-occupancy (RO) deed restriction on the single-family dwelling
unit being constructed.
For a DUPLEX OR TWO (2) DETACHED SINGLE-FAMILY DWELLINGS to be
constructed on a lot created by a lot split, one of the following mitigation measures is
provided:
a) Provide one free market dwelling unit and one deed restricted Resident- Occupied
(RO) dwelling unit with a minimum floor area of one thousand five hundred
(1,500) square feet; or,
b) Provide either two above grade, detached Accessory Dwelling Units or Carriage
Houses (or one of each), or one above grade, detached ADU or Carriage House
4
with a minimum floor area of six hundred (600) net livable square feet, pursuant
to Section 26.520; or,
c) Provide either two Accessory Dwelling Units or Carriage Houses (or one of each)
or one ADU or Carriage House with a minimum of 600 net livable square feet
authorized through Special Review to be attached and/or partially or fully
subgrade, pursuant to Section 26.520; or,
d) Provide an off-site Affordable Housing Unit within the Aspen Infill Area
accepted by the Aspen/Pitkin County Housing Authority and deed restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines, as
amended; or,
e) Provide two deed restricted Resident-Occupied (RO) dwelling units; or
f) Pay the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended.
The Applicant has proposed in the application to either construct an ADU or carriage
house for each of the units within the lot split or pay a cash-in-Iieu fee. That being the
case, the Community Development Director will process an administrative growth
management approval at the time of building permit submission requiring that the Applicant
mitigate for the units to be constructed within the subdivision in one of the acceptable
manners set forth above.
Trail Easement:
The Parks Department has requested that the Applicant grant a four (4) foot wide public
trail easement along the west side property line and along the southernmost four (4) feet of
Lot 2 for approximately ninety (90) feet to widen the existing trail. The Parks Department
has also requested that the Applicant grant a little more than four (4) feet around the
southwest corner of Lot 2 to allow for an easier turning radius for the trail. The Applicant
has agreed in the application addendum to grant the requested easement as long as it does
not impact the allowable FAR on the parcels. Staff finds this to be an acceptable request
and one that is in sync with the provisions of the land use code, that allows for, "Lot area
shall include any lands dedicated to the City of Aspen or Pitkin county for the public trail
system..." Staff has included a condition of approval requiring that the Applicant grant the
trail easement with the exact final location of the easement to be approved by the Parks
Department and shown on the subdivision exemption plat.
Contaminated Soils:
During the review of the lodge expansion that was previously proposed and approved on
the site, Staff placed conditions requiring mitigation for contaminated soils with the
expectation that soils containing mine waste would be found on the site. The Applicant has
since had soils tests completed on the property that indicate that the property does not
contain contaminated soils. Therefore, Staff has not required mine waste mitigation
measures in the conditions of approval.
Vacation of Lodze PUD Aoorovals:
Staff is not excited about the fact that the Applicant is not looking to pursue the
development of the lodging approvals that are in place for the site given that the City has
5
lost a considerable amount of lodging beds over the past decade. However, Staff believes
that the Applicant could develop the property with a large single-family residence or duplex
by right since single-family and duplex development is exempt from a PUD amendment on
properties with a PUD overlay pursuant to Land Use Code Section 26.445.020, PUD:
Applicability. Staff believes that this proposal to rezone the property and obtain a lot split
approval will provide a more appropriate pattern of residential development than
constructing one large single-family residence or duplex on the property as is discussed
above. Through a condition of approval, Staff has reinforced that the Applicant will forfeit
the vested PUD approval upon recording of a lot split plat.
STAFF RECOMMENDATION:
Staff finds that the proposed rezoning application meets or exceeds the requirements set
forth in Land Use Code Section 26.310.040, Amendments to the Land Use Code and
Official Zone District Map, to approve an amendment to the official zone district map.
Staff further finds that the lot split request satisfies the lot split requirements set forth in
Land Use Code Section 26.480.030(A)(2), Lot split. Staff recommends that the City
Council approve the requested rezoning and lot split with the conditions contained therein.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No. L, Series of 2006, approving the rezoning of the
"Vacant Boomerang Parcel" located on the south side of West Hopkins Avenue between
South 4th Street and South 5th Street from the R-15 Zone District with a PUD and Lodge
Preservation Overlay to the R-6 Zone District and approve a lot split to divide the parcel
into Lots 1 and 2 of the Boomerang Lot Split, City and Townsite of Aspen."
Attachments:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Application and Addendum (Section III)
Exhibit C -- Current Zoning & Vicinity Map
Exhibit D - P&Z Resolution No.3, Series of 2006 & Minutes
6
EXHIBIT A
REVIEW CRITERIA & STAFF FINDINGS
REZONING
REVIEW CRITERIA & STAFF FINDINGS
In reviewing an amendment to the official zone district map, the Planning and Zoning
Commission and City Council shall consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this title.
Staff Finding
Staff does not feel that the proposed rezoning application is in conflict with any portion of
the Land Use Code. The proposed rezoning will allow for a pattern of residential
development that is more consistent with the residential development pattern that exists in
the neighborhood than the underlying R-15 zoning that currently exists. Staff finds this
criterion to be met.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
Staff Finding
Staff believes that the proposed rezoning is consistent with the goals and objectives of the
AACP. As is described in the memo, Staff would prefer to see the lodging approvals that
are in place be acted upon. However, the Applicant has a right to develop one large single-
family residence or duplex on the site as an alternative to constructing the lodge approvals
that are in place. Staff believes that the proposed rezoning and lot split would yield a more
consistent pattern of residential development with that of the neighboring area. Staff further
feels that the proposal will likely yield a better distribution of massing on the property than
that of the existing residential development scheme that would be allowed on the site, which
is consistent with the design objectives established in the AACP. Staff finds this criterion to
be met.
C. Whether the proposed amendment is compatible with surrounding zone
districts and land uses, considering existing land use and neighborhood
characteristics.
Staff Finding
The subject property abuts land that is zoned R-6, Park, and R-15, so the proposed rezoning
application would not create a spot zoning. Additionally, the allowable FAR for the site
would be similar regardless of whether the property is rezoned or not as was detailed in the
staff memo. The allowed uses under both the existing and proposed zoning are similar in
that they both are primarily intended for the development of single-family and duplex
residential development. Staff finds this criterion to be met.
7
D. The effect of the proposed amendment on traffic generation and road
safety.
Staff Finding
Statf does not believe that the proposed rezoning will have a significant impact on traffic
generation or road safety because the proposed rezoning would add at most the ability to
construct only one residential unit that counts towards allowable density above that which is
allowed under the current zoning. Additionally, the Applicant does have vested rights on the
property to construct seventeen (17) lodging bedrooms and two (2) affordable housing units,
which would generate considerably more traffic than the proposed development plan of three
(3) free market residential units. Staff finds this criterion to be met.
E. Whether and the extent to which the proposed amendment would result
in demands on public facilities, and whether the extent to which the
proposed amendment would exceed the capacity of such facilities,
including, but not limited to, transportation facilities, sewage facilities,
water supply, parks, drainage, schools, and emergency medical facilities.
Staff Finding
Staff does not feel that there will be an increase in the demand for public facilities as a result
of the proposed rezoning request. Staff finds this criterion to be met.
F. Whether and the extent to which the proposed amendment would result
in significant adverse impacts on the natural environment.
Staff Finding
Staff does not believe that the proposed rezoning application would result in significant
adverse impacts on the environment. Staff finds this criterion to be met.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Staff Finding
Statf believes that the proposed rezoning application is consistent with the community and
neighborhood character of the area in that the new zoning would allow for a more consistent
pattern of residential development with the remainder of the properties in the neighborhood
than is currently allowed on the site. Staff further feels that the proposal will likely allow for
the massing of residential units on the site to be spread out over the entire property. Staff
finds this criterion to be met.
H. Whether there have been changed conditions affecting the subject parcel
or the surrounding neighborhood which support the proposed
amendment.
Staff Finding
The Applicant has argued that the recent development in the surrounding area is more
consistent with the development allowances in the R-6 Zone District than the R-15 Zone
District. Additionally, the Applicant has come to the realization that expanding the
Boomerang Lodge across the street is not viable for their operations so they are now looking
8
-. -'"-""-'."~~~'..<--~--~~~~-"""""'.--'~"-".-'-----~~._.._-"-._._-....,.,-~. .
to develop the subject property as a residential use, which they could do by right. Staff
believes that the residential development pattern that would likely result from the proposed
rezoning would be appropriate with the mass spread out in separate structures over the entire
parcel as opposed to getting one larger structure on the site under the current zoning. Staff
finds this criterion to be met.
I. Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this title.
Staff Finding
Staff believes that the proposed rezoning application would not be in conflict with the
purpose and intent of the land use code or the public interest. Staff finds this criterion to be
met.
9
REVIEW CRITERIA & STAFF FINDINGS
SlIBDlVISION EXEMPTION LOT SPLIT
The split of a lot for the purpose of the development on a lot formed by a lot split granted
subsequent to November 14, 1977, where all of the following criteria are met:
A. The land is not located in a subdivision approved by either the Pitkin
County Board of County Commissioners or the City Council, or the land
is described as a metes and bounds parcel which has not been subdivided
after the adoption of subdivision regulations by the City of Aspen on
March 24, 1969. This restriction shall not apply to properties listed on the
Aspen Inventory of Historic Landmark Sites and Structures.
StatI Finding
The property subject to the proposed lot split is not within a previously executed
subdivision since the subdivision plat associated with the vested timeshare lodge project
was never recorded. StatI finds this criterion to be met.
B. No more than two (2) lots are created by the lot split, both lots conform to
the requirements of the underlying zone district. Any lot for which
development is proposed will mitigate for affordable housing pursuant to
Section 26.470.040(B)(I).
Staff Finding
There will be no more than two lots created by this lot split, Lots I and 2 of the Boomerang
Lot Split. Both of the lots will conform to the R-6 Zone District in which the associated
rezoning application proposes to rezone the fathering parcel to. The Applicant can at most
develop a single-family residential dwelling unit on Lot I and two detached residential
dwelling units on Lot 2 because of the density requirements of the underlying zoning. To
obtain administrative growth management review approval to develop each of the lots as
described above, the Applicant has consented to providing one of the employee mitigation
methods set forth in Land Use Code Section 26.470.040(B)(l). That being said, the
Applicant has proposed to construct an ADU or pay cash-in-lieu to mitigate tor each of the
proposed residential units. StatI finds this criterion to be met.
C. The lot under consideration, or any part thereof, was not previously the
subject of a subdivision exemption under the provisions of this Chapter or
a "lot split" exemption pursuant to Section 26.470.040 (C)(I)(a).
StatI Finding
Staff finds that the subject lot has not previously been approved for a subdivision
exemption or lot split. Staff finds this criterion to be met.
D. A subdivision plat which meets the terms of this Chapter, and conforms to
the requirements of this Title, is submitted and recorded in the office of
the Pitkin County Clerk and Recorder after approval, indicating that no
further subdivision may be granted for these lots nor will additioual units
10
be built without receipt of applicable approvals pursuant to this Chapter
and growth management allocation pursuant to Chapter 26.470.
StaffPinding
No further subdivision will be granted for Lots I and 2 and no additional units will be built
without receipt of applicable approvals pursuant to this Chapter and growth management
allocation pursuant to Chapter 26.470. The required subdivision plat with a note allowing
no further subdivision of the newly created lots, as approved by City Council will be
submitted by the Applicant and recorded in the office of the Pitkin County Clerk and
Recorder. Staff finds this criterion to be met.
E. The subdivision exemption agreement and plat shall be recorded in the
office of the Pitkin County Clerk and Recorder. Failure on the part of the
applicant to record the plat within one hundred eighty (180) days
following approval by the City Council shall render the plat invalid and
reconsideration of the plat by the City Council will be required for a
showing of good cause.
Stat! Pinding
The Applicant shall record the required subdivision exemption plat and agreement within
one hundred and eighty (180) days of approval by the City Council. Staff finds this
criterion to be met.
F. In the case where an existing single-family dwelling occupies a site which
is eligible for a lot split, the dwelling need not be demolished prior to
application for a lot split.
StaffPinding
The site is currently vacant. Staff finds this criterion not to be applicable to this land use
request.
G. Maximum potential buildout for the two (2) parcels created by a lot split
shall not exceed three (3) units, which may be composed of a duplex and a
single-family home.
Staff Finding
The underlying zoning allows for a duplex or two (2) detached residential dwelling units on
one of the parcels and a single-family dwelling unit on the other parcel to be created by the
lot split. Therefore, there will be at most three (3) units of density developed on the two (2)
parcels to be created by the lot split. Staff finds this criterion to be met.
II
<_"'_"'T"'" _'_~"'"~"_',,"'~_"'_"_~'______._.,_,,__,"
ORDINANCE NO. ~
(SERIES OF 2006)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL REZONING THE
"VACANT BOOMERANG PARCEL" TO THE R-6 (MEDIUM-DENSITY) ZONE
DISTRICT AND APPROVING A LOT SPLIT, CREATING LOTS 1 AND 2 OF THE
BOOMERANG LOT SPLIT, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
ParcelID: 2735-124-66-001
WHEREAS, the Community Development Department received an application
trom Aspen FSP-ABR, LLC, requesting to rezone the vacant "Boomerang Parcel" located
on the south side of W. Hopkins Avenue, containing portions of Lots A-I, Block 32, City
and Townsite of Aspen from the R-15 (Moderate-Density Residential) Zone District with a
PUD and Lodge Preservation Overlay to the R-6 (Medium-Density Residential) Zone
District and requesting approval of a Lot Split to divide the 19,737 square foot property into
a parcel of approximately 12,237 square feet and a parcel of approximately 7,500 square
teet; and,
WHEREAS, upon review of the application, the applicable code standards, the
Community Development Department recommended approval with condition of the
proposed rezoning and lot split application; and,
WHEREAS, the Aspen Planning and Zoning Commission reviewed and considered
the development proposal during a duly noticed public hearing opened on January ] 7,
2006, and continued to January 24, 2006. The Planning and Zoning Commission
approved Resolution No.3, Series of 2006, by a five to one (5-1) vote, recommending
that City Council rezone the subject property to the R-6 Zone District, and recommending
that City Council approve the requested lot split with conditions, under the applicable
provisions of the Municipal Code as identified herein; and,
WHEREAS, the City Council finds that the development proposal meets or
exceeds all applicable development standards and that the approval of the development
proposal is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO THAT:
Section 1:
Pursuant to the procedures and standards set forth in Land Use Section 26.310, Amendments
to the Land U5e Code and Official Zone District Map, the City Council hereby rezones the
vacant "Boomerang Parcel" containing portions of Lots A-I, Block 32, City and Townsite of
Aspen, trom the R-15 (Moderate-Density Residential) Zone District with a PUD and Lodge
Preservation Overlay to the R-6 (Medium-Density Residential) Zone District.
Ordinance No._, Series of2006
"Boomerang Parcel" Rezoning, Page I
Section 2:
Pursuant to the procedures and standards set forth in Land Use Section 26.480.030(A)(2),
Subdivision Exemptions: Lot Split, the City Council approves a lot split to divide the vacant
"Boomerang Parcel" into Lot I of approximately 7,500 square feet and Lot 2 of
approximately 12,237 square feet for the construction of a total of three (3) detached
dwelling units, with the conditions contained herein. Lot I is limited to one (1) single family
residence and Lot 2 is limited to two (2) detached residences. All dimensions including
allowable tloor area, shall be as specified in the Medium-Density Residential (R-6) Zone
District, as amended.
Section 3: Subdivision Exemption Plat
The Applicant shall submit and record a subdivision exemption plat that meets the terms
of Land Use Code Section 26.480 in the office of the Pitkin County Clerk and Recorder
no later than 180 days after final approval is obtained. The Lot Split Plat shall clearly
label the proposed lot line that separates Lot I from Lot 2, housing type and density per
lot, and show all easements of record. The plat may also include a note indicating that
the land area contained within the trail easement may count in calculating lot size and
t100r area.
Section 4: Subdivision Exemption Al!reement
The Applicant shall submit and record a subdivision exemption agreement that meets the
terms of Land Use Code Section 26.480.030, in the office of the Pitkin County Clerk and
Recorder no later than 180 days after final approval is obtained.
Section 5: Buildinl! Permit Application
The building permit application for each of the residential units shall include the
following:
I. A copy ofthe final Ordinance and P&Z Resolution.
2. The conditions of approval printed on the cover page of the building permit set.
3. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
4. A tree removal permit as required by the City Parks Department and any approval
from the Parks Department Director for off-site replacement or mitigation of any
removed trees. The tree removal permit application shall be accompanied by a
detailed landscape plan indicating which trees are to be removed and new
plantings proposed on the site. Additionally, a right-of-way landscaping plan
shall be provided as part of the building permit application identifying that any
trees removed from the right-of-way will have to be relocated. Any disruption or
damage to the right-of-way irrigation system during construction shall also be
rcpaired to the satisfaction of the Parks Department.
Ordinance No. , Series of2006
"Boomerang Parcel" Rezoning, Page 2
5. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer, which maintains sediment and debris on-site during and
after construction. If a ground recharge system is required, a soil percolation
report will be required to correctly size the facility. A 5"year storm frequency
should be used in designing any drainage improvements.
6. A construction management plan pursuant to the requirements of the Community
Development Department. The construction management plan shall include a
plan for protecting the Midland and W. Hopkins Avenue Trails during
construction. This plan shall be reviewed and approved by the Parks Department
prior to building permit issuance.
7. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
Section 6: Growth Manal!ement Allotments
The Applicant shall obtain Administrative Growth Management approval and provide
affordable housing mitigation by enacting one of the acceptable mitigation measures for
each of the residential dwelling units to be constructed on Lots I and 2 of the lot split
pursuant to Land Use Code Section 26.470.040(B)(1), Administrative Growth
Management Review: Detached single~ramily or duplex dwelling units, as amended from
time to time.
Section 7: Use and Dimensional Requirements
The lots created by the lot split shall be subject to the use and dimensional requirements
of the Medium-Density Residential (R-6) Zone District and as specified in Section 2 of
this ordinance. The residential dwelling units to be developed on Lot 2 shall be
constructed as two (2) detached dwelling units rather than in a duplex configuration.
Section 8: Residential Desil!n Standards
All residential dwelling units to be constructed on Lots I and 2 shall meet the residential
design standards in place at the time of building permit, unless any variance(s) is duly
obtained.
Section 9: Vehicular Access
Vehicular access to Lot I shall be taken from the South Fourth Street stub located
directly to the east of the property. There shall not be any vegetation taller than 30 inches
from existing grade planted within the area fifteen (15) feet south or north of the
driveway to be accessed from 4th Street, at the property line or in the public right-of-way
to maintain a sufficient view corridor for trail users to see vehicles crossing the trail. The
Applicant shall also relocate the existing Midland Trail sign to the south side of the
driveway and attach a new sign on the backside of the Midland Trail sign indicating the
presence of the driveways crossing the trail to trail users.
Vehicular access to Lot 2 shall be taken from West Hopkins Avenue via a single curb cut.
The residential units on Lot 2 shall share a single driveway and the curb cut shall be
Ordinance No._, Series of 2006
"Boomerang Parcel" Rezoning, Page 3
designed and constructed such that it will not provide a net loss in on-street parking in the
W. Hopkins Avenue Right-of-Way (it may be necessary to reconstruct and realign a
portion of the existing sidewalk/trail to ensure no net loss of on-street parking). The
driveway access shall meet the City Engineering Department's standards for drive ramps.
The driveway entrance points shall be in substantially the same location as they are
shown in the addendum to the application.
Section 10: Curb and Gutter
The Applicant shall construct curb, and gutter along the West Hopkins Avenue frontage
of the property being divided prior to issuance of a certificate of occupancy for any of the
units in the project. The timing of this installation may be changed if approved by the
City Engineer. If the W. Hopkins Pedestrian Trail is altered during construction, the
Applicant shall repair the trail to the condition it was in prior to construction while
allowing for the potential for modest realignment.
The radii of the curb cut shall be the minimal that functions for the purpose of a
driveway. The applicants shall gain approval from the Community Development
Engineer to determine an appropriate sizing.
Section 11: Trail Easement
The Applicant shall grant a four (4) foot wide public trail easement to the City of Aspen
along the western side property line of Lot 2 and on the westernmost 90 feet of Lot 2,
running directly adjacent to the southern property line. A slightly wider easement shall
be granted at the southwest corner of Lot 2 to allow for a moderate turning radius on the
trail. The exact location of this easement shall be approved by the Parks Department
prior to recordation of the tinal subdivision exemption plat. This easement shall be
shown on the subdivision exemption plat and shall be described in the subdivision
exemption agreement. The easement shall not atfect allowable FAR or density.
Section 12: Landscallilll!
The Applicant shall install a tree root barrier on the trees that are to be planted within ten
(l0) feet of the W. Hopkins trail to prevent future root damage and trail upheaval. The
Applicant shall also install tree saving construction fences around the drip line of any
trees to be saved subject to the following provisions:
a. The City Forester or his/her designee must inspect this fence before any
construction activities commence.
b. No excavation, storage of materials, storage of construction equipment,
construction backfill, foot or vehicular traffic shall be allowed within the drip line.
Section 13: Soil Subsidence and Rock Fall Hazards
The Applicant shall submit geotechnical and soil stability reports performed by a
qualitied, licensed engineer demonstrating the land is suitable to handle the proposed
development. The Applicant shall also submit a report from a qualified, licensed
engineer demonstrating that rock fall from the slope above the proposed development
will be sufficiently mitigated to prevent rock fall hazards. This report shall be submitted
Ordinance No. , Series of2006
"Boomerang Parcel" Rezoning, Page 4
-'-_.'._..-.''''-~''''''~-~,~-,--"",-~-
for review by the Community Development Department prior to the issuance of full
structural building permits.
Section 14: Fire Mitil!:ation
The Applicant shall install a fire sprinkler system that meets the requirements of the
Aspen Fire Marshal in any residential unit that is 5,000 square feet or more. Use of
charcoal grills shall be prohibited in this development because of fire danger concerns.
This prohibition shall be included in the Subdivision Exemption Agreement for the
development.
Section 15: Aspen Consolidated Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD
lines shall be allowed.
Section 16: Impact, Park Development, and School Land Dedication Fees
Park Development Impact Fees shall be assessed on each residential unit constructed on
Lots I and 2 at the time of building permit issuance. The park development impact fees
shall be calculated by the City Zoning Officer at the time of building permit issuance
using the fee schedule in place at said time.
School Land Dedication Fees shall be assessed on the proposal pursuant to Land Use
Code Section 26.630, School LandI' Dedication, and a proportionate amount of all
applicable impact fees shall be due at the time of building permit issuance for each
residence within the lot split.
Other lmoact Fees, as applicable, shall be due at the time of building permit application
submittal.
Section 17: Exterior Lil!:htinl!:
All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land
Use Code Section 26.575.150, Outdoor Lighting.
Section 18: Previous Approvals
Upon recordation of the subdivision exemption plat, the previous approvals including
PUD, Subdivision and any others associated with the subject property will become
vacated, null and void for good cause found, and the provisions of this approval will be in
place.
Section 19: Vested Property Ril!:hts
The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years trom the date of issuance of a development order.
No later than fourteen (14) days following final approval of all requisite reviews necessary to
obtain a development order as set forth in this ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
Ordinance No. , Series 01'2006
"Boomerang Parcel" Rezoning, Page 5
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right, pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: Portions of Lots A-I, Block 32, City and Townsite of
Aspen, by Ordinance No.~, Series of2006, of the Aspen City Council.
Section 20:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set torth herein, unless amended by an authorized entity.
Section 21:
This ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 22:
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 23:
A public hearing on the ordinance shall be held on the 13th day of March, 2006, in the City
COllncil Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a
public notice of the same shall be published in a newspaper of general circulation within the
City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 13th day of February, 2006.
Helen Kalin K1anderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
Ordinance No._, Series of2006
"Boomerang Parcel" Rezoning, Page 6
FINALLY, adopted, passed and approved this 27th day of March, 2006.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
John P. Worcester, City Attorney
Ordinance No. , Series of2006
"Boomerang Parcel" Rezoning, Page 7
.
Zoning and Vicinity Map of Boomerang Vacant Parcel
AH PUD
I Subject Property (
Rezoning Request
I R-15 to R-6
N
o 60 120
240
360
480
Feet
CI_I_:.L /
RESOLUTION NO. 3
(SERIES OF 2006)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING THAT CITY COUNCIL REZONE THE
VACANT "BOOMERANG PARCEL" TO THE R-6 (MEDIUM-DENSITY) ZONE
DISTRICT AND APPROVE A LOT SPLIT, CREATING LOTS 1 AND 2 OF THE
BOOMERANG LOT SPLIT, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
ParcelID: 2735-124-66-001
WHEREAS, the Community Development Department received an application
from Aspen FSP-ABR, LLC, requesting to rezone the vacant "Boomerang Parcel"
containing portions of Lots A-I, Block 32, City and Townsite of Aspen from the R-15
(Moderate-Density Residential) Zone District with a PUD and Lodge Preservation Overlay
to the R-6 (Medium-Density Residential) Zone District and requesting approval of a Lot
Split to divide the 19,737 square foot property into a parcel of approximately 7,500 square
feet and a parcel of approximately 12,237 square feet; and,
WHEREAS, upon review of the application, the applicable code standards, the
Community Development Department recommended approval with condition of the
proposed rezoning and lot split application; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, during a duly noticed public hearing on January 24, 2006, the
Planning and Zoning Commission approved Resolution No.3, Series of 2006, by a five
to one (5-1) vote, recommending that City Council rezone the subject property to the R-6
Zone District, and recommending that City Council approve the requested lot split with
conditions; and,
WHEREAS, the Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and that the approval of the
development proposal is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASpEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Land Use Section 26.310, Amendments
to the Land Use Code and Official Zone District Map, the Planning and Zoning
Commission hereby recommends that City Council rezone the vacant "Boomerang Parcel"
containing portions of Lots A-I, Block 32, City and Townsite of Aspen, from the R-15
(Moderate-Density Residential) Zone District with a PUD and Lodge Preservation Overlay
to the R-6 (Medium-Density Residential) Zone District.
Section 2:
Pursuant to the procedures and standards set forth in Land Use Section 26.480.030(A)(2),
Subdivision Exemptions: Lot Split, the City Council approves a lot split to divide the vacant
"Boomerang Parcel" into Lot I of approximately 7,500 square feet and Lot 2 of
approximately 12,237 square feet for the construction of a total of three (3) detached
dwelling units, with the conditions contained herein. Lot 1 is limited to one (1) single family
residence of 3,450 square feet and Lot 2 is limited to two (2) detached residences totaling
4,274 square feet.
Section 3: Subdivision Exemption Plat
The Applicant shall submit and record a subdivision exemption plat that meets the terms
of Land Use Code Section 26.480 in the office of the Pitkin County Clerk and Recorder
no later than 180 days after final approval is obtained. Furthermore, the Lot Split Plat
shall clearly label the proposed lot line that separates Lot 1 from Lot 2 and show all
easements of record.
Section 4: Subdivision Exemption Al!reement
The Applicant shall submit and record a subdivision exemption agreement that meets the
terms of Land Use Code Section 26.480.030, in the office of the Pitkin County Clerk and
Recorder no later than 180 days after final approval is obtained.
Section 5: Buildinl! Permit Application
The building permit application for each of the residential units shall include the
following:
1. A copy of the final Ordinance and P&Z Resolution.
2. The conditions of approval printed on the cover page of the building permit set.
3. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
4. A tree removal permit as required by the City Parks Department and any approval
from the Parks Department Director for off-site replacement or mitigation of any
removed trees. The tree removal permit application shall be accompanied by a
detailed landscape plan indicating which trees are to be removed and new
plantings proposed on the site. Additionally, a right-of-way landscaping plan
shall be provided as part of the building permit application identifying that any
trees removed from the right-of-way will have to be relocated. Any disruption or
damage to the right-of-way irrigation system during construction shall also be
repaired to the satisfaction of the Parks Department.
5. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer, which maintains sediment and debris on-site during and
after construction. If a ground recharge system is required, a soil percolation
report will be required to correctly size the facility. A 5-year storm frequency
should be used in designing any drainage improvements.
6. A construction management plan pursuant to the requirements. The construction
management plan shall include a plan for protecting the Midland and W. Hopkins
Avenue Trails during construction. This plan shall be reviewed and approved by
the Parks Department prior to building permit issuance.
7. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
Section 6: Growth Manal!ement Allotments
The Applicant shall obtain administrative growth management approval and provide
affordable housing mitigation by enacting one of the acceptable mitigation measures for
each ofthe three (3) residential dwelling units to be constructed on Lots 1 and 2 of the lot
split pursuant to Land Use Code Section 26.470.040(B)(1), Administrative Growth
Management Review: Detached single-family or duplex dwelling units, as amended from
time to time. Any ADU to be constructed on Lots 1 and 2 shall meet the ADU design
standards set forth in Land Use Code Section 26.520.050, ADU Design Standards.
Section 7: Use and Dimensional Requirements
The lots created by the lot split shall be subject to the use and dimensional requirements
of the R-6 (Medium Density Residential) Zone District. The residential dwelling units to
be developed on Lot 2 shall be constructed as two (2) detached dwelling units rather than
an attached duplex configuration as is proposed by the application.
Section 8: Residential Desil!n Standards
All residential dwelling units to be constructed on Lots I and 2 shall meet the residential
design standards in place at the time of building permit.
Section 9: Vehicular Access
Vehicular access to Lot I shall be taken from the South Fourth Street stub located
directly to the east of the property. There shall not be any vegetation taller than 30 inches
from existing grade planted within the area fifteen (15) feet south or north of the
driveway to be accessed from 4th Street, at the property line or in the public right-of-way
to maintain a sufficient view corridor for trail users to see vehicles crossing the trail. The
Applicant shall also relocate the existing Midland Trail sign to the south side of the
driveway and attach a new sign on the backside of the Midland Trail sign indicating the
presence of the driveways crossing the trail to trail users.
Vehicular access to Lot 2 shall be taken from West Hopkins Avenue via a single curb cut.
The residential units on Lot 2 shall share a single driveway and the curb cut that shall be
located such that it will not provide a net loss in on-street parking in the W. Hopkins
Avenue Right-of-Way. The driveway access shall meet the City Engineering
Department's standards for drive ramps. The driveway entrance points shall be in
substantially the same location as they are shown in the addendum to the application.
Section 10: Curb and Gutter
The Applicant shall construct curb and gutter along the West Hopkins Avenue frontage
of the property being divided prior to issuance of a certificate of occupancy for any of the
units in the project. The timing of this installation may be changed if approved by the
City Engineer. If the W. Hopkins Pedestrian Trail is altered during construction, the
Applicant shall repair the trail to the condition it was in prior to construction.
The radii of the curb cut shall be the minimal that functions for its purpose as a driveway.
The applicants shall work with the Community Development Engineer to determine an
appropriate sizing.
Section 11: Trail Easement
The Applicant shall grant a four (4) foot wide public trail easement to the City of Aspen
along the western side property line of Lot 2 and on the westernmost 90 feet of Lot 2,
running directly adjacent to the southern property line. A slightly wider easement shall
be granted at the southwest corner of Lot 2 to allow for a moderate turning radius on the
trail. The exact location of this easement shall be approved by the Parks Department
prior to recordation of the final subdivision exemption plat. This easement shall be
shown on the subdivision exemption plat and shall be described in the subdivision
exemption agreement.
Section 12: Landscapinl!
The Applicant shall install a tree root barrier on the trees that are to be planted within ten
(10) feet of the W. Hopkins trail to prevent future root damage and trail upheaval. The
Applicant shall also install tree saving construction fences around the drip line of any
trees to be saved subject to the following provisions:
a. The City Forester or hislher designee must inspect this fence before any
construction activities commence.
b. No excavation, storage of materials, storage of construction equipment,
construction backfill, foot or vehicular traffic shall be allowed within the drip line.
Section 13: Soil Subsidence and Rock Fall Hazards
The Applicant shall submit geotechnical and soil stability reports performed by a
qualified, licensed engineer demonstrating the land is suitable to handle the proposed
development. The Applicant shall also submit a report from a qualified, licensed
engineer demonstrating that rock fall from the slope above the proposed development
will be sufficiently mitigated to prevent rock fall hazards. This report shall be submitted
for review by the Community Development Department prior to the issuance of full
structural building permits.
Section 14: Fire Mitie:ation
The Applicant shall install a fire sprinkler system that meets the requirements of the
Aspen Fire Marshal in any residential unit that is 5,000 square feet or more. Use of
charcoal grills shall be prohibited in this development because of fire danger concerns.
This prohibition shall be included in the HOA documents for the development.
Section 15: Aspen Consolidated Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD
lines shall be allowed.
Section 16: Park Development Impact Fees
Park Develooment lmoact Fees shall be assessed on each residential unit constructed on
Lots I and 2 at the time of building permit issuance. The park development impact fees
shall be calculated by the City Zoning Officer at the time of building permit issuance
using the fee schedule in place at said time.
Section 17: School Land Dedication Fees
School Land Dedication Fees shall be assessed on the proposal pursuant to Land Use
Code Section 26.630, School Lands Dedication, and a proportionate amount of all
applicable impact fees shall be due at the time of building permit issuance for each
residence within the lot split.
Section 18: Exterior Lie:htine:
All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land
Use Code Section 26.575.150, Outdoor Lighting.
Section 19: Previous Approvals
Upon recordation of the subdivision exemption plat, the previous lodge approvals will
become null and void.
Section 20:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 21:
This resolution shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 22:
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 24th
day ofJanuary, 2006.
APPROVED AS TO FORM:
Q
Ci Attorney
) if-
ATTEST:
PLANNING AND ZONING
COMMISSION:
Jab-nUuc/
Jasmine Tygre, Chair
ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES
JANUARY 24. 2006
MINUTES ......................... .................... .............. .............. ........................ ................. 2
DECLARATION OF CONFLICT OF INTEREST ................................................. 2
BOOMERANG SOUTH REZONING .....................................................................2
CASTLE CREEK LOT SPLIT & PUD AMENDMENT......................................... 5
1
ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES
JANUARY 24. 2006
Jasmine Tygre opened the special meeting of the Aspen Planning and Zoning
Commission at 4:35pm. Commissioners Mary Liz Wilson, Steve Skadron, John
Rowland, Ruth Kruger and Jasmine Tygre present. Brian Speck arrived at 4:40
pm. Dylan Johns and Brandon Marion were excused. Staff in attendance were
Joyce Allgaier, Community Development Deputy Director and Jackie Lothian,
Deputy City Clerk.
MINUTES
The commissioners postponed the reading of the minutes from 11/29/05; 12/06/05;
12/13/05 to the next meeting.
DECLARATION OF CONFLICT OF INTEREST
John Rowland had a conflict on the Castle Creek Lot Split.
CONTINUED PUBLIC HEARING (01/17/06):
BOOMERANG SOUTH REZONING
Jasmine Tygre opened the continued public hearing on the Boomerang South
Rezoning; notice had been provided at the last meeting.
Joyce Allgaier distributed a revised resolution (with the changes in red). Allgaier
utilized the packet information booklet to show the 2 lots that would be reviewed.
Allgaier stated the vacant property was across from the existing Boomerang
Lodge; the old proposal would be retracted and this would be a new proposal. The
property would be rezoned to R-6 with a PUD and Lodge Preservation overlay and
creates 2 lots developed with residential use; lot 1 would be 12,237 square feet and
lot 2 would be 7, 500 square feet.
Allgaier spoke of the vehicular access for Lot 1 that would come from Fourth
Street and Lot 2 on Hopkins.
Allgaier said the FAR for Lot 1 would be 3,450 square feet for a single family
residence and Lot 2 with 2 detached residences totaling 4,274 square feet; the
proposal was for 3 smaller residences on the 2 lots. There would be no lodge units
in this proposal and there were ADUs or cash-in-lieu fees proposed for each of the
units. A trail proposal for the area included widening the trail.
Steve Skadron asked when Charlie Paterson's proposal happened. Allgaier replied
that it was in 2002. Mitch Haas said that there was an approval and then a whole
different application came in because the drawings were incorrect and the next
2
ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES
JANUARY 24. 2006
proposal was for timeshare or fractionalized with vested rights unti12009. Allgaier
stated the new owner brought this application forward.
Tygre asked if the parcels could be further split from Lot 1 and Lot 2. Allgaier
replied that they could not be split anymore in accordance with this approval; they
would have to come back but this lot split would max out their density for the lot
sizes there would be no further lot split under this zoning.
Haas stated the property was sold and the new owners sought bids on the previous
approvals and found they couldn't find financing for that project because of the
location of the factional project and the association with the lodge on the other side
of the street. Haas stated the lodge units were a separate application with the
existing number of rooms plus the rooms that were supposed to be on this property.
Haas said that the R-6 zoning would allow for the single family homes, which fit in
the neighborhood. Haas said that with a lot split you can not come in and split an
already split lot; one of the provisions for a lot split was that the property had never
been subject to a subdivision exemption.
Allgaier said the revised resolution doesn't change any lot sizes and Section 11
talks about the trail easement.
Mary Liz Wilson asked if the size of the houses included the ADDs. Haas replied
that was correct; the ADDs were part of the FAR.
John Rowland asked where the 15 foot radius came from. Haas replied that he
thought it was engineering design standards.
Skadron asked the significance of the vacation of the Lodge PDD approval.
Allgaier responded that it clears the record or the way for those entitlements and
places new entitlements in place when approved by City Council.
Ruth Kruger asked if the same owners owned the Lodge across the street. Haas
replied that currently they did. Kruger asked if there was an application for the
Lodge. Haas stated that it was submitted.
No public comments.
Brian Speck said that his area of concern was the size of the ADDs, 300 square feet
was too small. Tygre stated that the commission could make a recommendation to
Council along that line. Allgaier said that the ADD had to meet the housing
guidelines. Haas said that this was not something that would be normally
3
ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES
JANUARY 24. 2006
discussed with Council because it was an administrative growth management
exemption and the code provides 6 options; anyone of the options satisfies it.
Allgaier said as long as the applicant met certain criteria it was at the applicant's
option, but the commission could make a recommendation to council. Tygre said
that a lot of the commissioners share Brian's concern with the small ADD size and
the commission could put this is as a recommendation to council. Haas said it was
the code that stated minimum to be above grade and meet all of the other
requirements.
Skadron said that he had some reluctance to give up the zoning for what ultimately
could be moderately priced rooms for 3 single family homes and he was not
convinced by what was presented that something couldn't work there that better
satisfies the goals of the Aspen Area Community Plan. Skadron said that any
change to a zoning should be associated with a higher degree of community
benefit. Allgaier stated that the standards to judge the rezoning don't speak to
public benefit they really speak to have there been some changed conditions in the
neighborhood that might warrant this or changed conditions n the community.
Allgaier said there was more residential type of development with Little Ajax next
door; there was an existing lodge across the road. Allgaier said it doesn't speak to
the public benefit as much as it was in compliance with the Aspen Area
Community Plan; the proposed amendment would impact traffic; there were
sufficient utilizes in the neighborhood to serve a different type of zoning; in many
cases there was a diminished impact versus what the lodge might have. Skadron
said he understood that the area would be better served with a lodge even though it
would bring more traffic.
Ruth Kruger agreed with Steve because she would hate to see a lodging
opportunity lost but on the other hand it was her understanding that the use by
right, which would be a large duplex would be likely to be built there if the
application was denied.
Mary Liz Wilson said that she did not object to this project; she would object to a
lodge because she uses that pedestrian way and would object to the traffic that a
lodge would put on Hopkins.
John Rowland said that he could see where Steve was coming from but if you
analyze this site it was extremely challenged for any density. Rowland said this lot
split was in keeping with the patterns of the neighborhood. Rowland asked that the
curb cut be looked at again. Rowland said that he supported this project.
Brian Speck said that he also supported the project and dittoed what John said.
4
ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES
JANUARY 24. 2006
Jasmine Tygre said that she was concerned about the patchwork zoning in this area
and she understands Steve's point of not giving up potential lodging possibilities
but LP was more designed to preserve an existing lodge use; the lot has never been
a lodge use; it was associated with common ownership with an existing lodge use.
Tygre said that the north and south sides of Hopkins Street have slightly different
characters and the side that's closest to Shadow Mountain was always more of a
transitional area. Tygre said the fact that the Boomerang might be redeveloped on
an existing lodging property was more of what she considered an LP overlay than
the parcel across the street, which would not be eligible for LP if it wasn't under
the same ownership. Tygre said this particular proposal seems more in keeping
with what has been going on in the neighborhood; she said that she would like to
see 3 smaller dwellings as recommended by staff.
MOTION: Ruth Kruger moved to approve Resolution #3, series of2006
recommending that City Council rezone the vacant "Boomerang Parcel" located
on the south side of West Hopkins Avenue between South 4'h Street and South 5th
Street from the R-15 Zone District with a PUD and Lodge Preservation Overlay to
the R-6 Zone District and approve a lot split to divide the parcel into Lots 1 and 2
of the Boomerang Lot Split, city and townsite of Aspen with the addition to
condition 9 for a smallest turning radius access and the size of the residential units
be added. Seconded by John Rowland. Roll call vote: Wilson, yes; Rowland, yes;
Speck, yes; Skadron, no; Kruger, yes; Tygre, yes. APPROVED 5-1.
Discussion: Skadron stated that he liked the application.
PUBLIC HEARING:
CASTLE CREEK LOT SPLIT & PUD AMENDMENT
Jasmine Tygre opened the public hearing on the 488 Castle Creek Lot Split and
PUD Amendment. Notice was provided.
Ben Gagnon said there was a vicinity map; the property was located on the left
from the hospital turn off; it was about Yo of an acre. Gagnon provided the history
of this parcel, which was annexed and zoned in 1980; the primary concern by City
Council was to have some affordable housing on this site. There was a request for
removal of the PUD overlay, which was denied by P&Z and an appeal was not
actually processed or brought forward. It allows the lot split with 2 detached single
family houses (3,335 square feet and 3,515 square feet) and 1 detached single
family deed restricted units (RO 1,500 square feet) or Category 7 (2,000 square
feet).
5
MEMORANDUM
.I,
TO:
THRU:
FROM:
RE:
DATE:
Mayor Klanderud and City Council (i i A
Chris Bendon, Community Development Director lJJ~WJ
Sarah Laverty, Environmental Project Coordinator
Rio Grande Recycle Center COWOP Eligibility Review
March 27,2006
.~...
": ':"::".>',;~CT: RlOGRANDE RECYCLE CENTER REDEVELOPMENT
REQlIEST: The Applicants are requesting Council approve the COWOP process
for the redevelopment of the Rio Grande Recycle Center
PROPOSED ZONING: Public Specially Planned Area
STAFF Staff recommends that City Council continue review of this application
RECOMMENDATION: until AprillO'h due to the delayed posting of public notice.
STAFF COMMENTS:
Staff requests the review for the eligibility of the Rio Grande Recycle Center COWOP be
continued until April 10, 2006. The Public Notice sign was not posted until March 14,
2006, which is less than 15 days prior to March 27, 2006, and thus does not meet the
legal requirements of posting of notice.
STAFF RECOMMENDATION:
Staff recommends that City Council continue review of the Rio Grande Recycle
Center COWOP Eligibility to AprillO'h.
RECOMMENDED MOTION: (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE)
"I move to continue review of the Rio Grande Recycle Center COWOP Eligibility to
AprillO'h."
MEMORANDUM
TO:
Mayor Helen Klanderud and Aspen City Council
COPY:
Steve Barwick, City Manager
John Worcester, City Attorney
FROM:
Chris Bendon, Community Development Director
RE:
1 st Reading of Ordinance No. 12, Series of 2006
Emergency Ordinance - Amendments to the Land Use Code
DATE:
March 27, 2006
SUMMARY:
Community Development staff is recommending a series of changes to the Land Use
Code. These changes, if adopted, would cut by half the "Annual Development
Allotment" for free-market development within the city limits. Staff believes the current
rate of new free-market development will provide a pace of growth inconsistent with the
community's desire for slowly paced development. In addition, staff is proposing a limit
on the number of new free-market residential development allotments within the
Commercial Core and Commercial Zone Districts - the immediate downtown. Staff is
focusing on new free-market residential allotments as this type of development is
expected in any new proj ect and is the effective limiter on the pace of new development.
Staff is also proposing a cap on the size (square footage) of new residential units in the
Commercial Core (CC) and Commercial (Cl) Zone Districts. Staff believes that
significantly large residential units in the immediate downtown is inconsistent with the
goal of rejuvenating downtown with increased residential density. There are several
other elements of this proposed ordinance detailed below.
Staff is proposing these amendments as an Emergency Ordinance in order to protect the
health, peace, safety, and general well-being of the residents and visitors of Aspen.
Otherwise, staff believes that a "rush" of applications would be submitted in order to
"beat the deadline" and staff believes this would be inconsistent with the community
health, safety, and general welfare. Staff is proposing second reading for Tuesday,
March 28th, at 4 p.m. The proposed ordinance delineates the proposed amendments in
highlighted text as follows:
. Text being removed is highlighted, bold, and strikethrough. Text beiBg remeyea
leeks 1iI.e this.
. Text being added is highlighted, bold, and underline. Text bein!! added looks
like this.
. Text which is not highlighted is not affected.
DESCRIPTION OF PROPOSED AMENDMENTS BY SECTION
Free-Market Residential Growth Rate - Sections 1 and 2
The City's growth management system is based on 3,770 free-market residences in
present existence. The current system regulates development to I % growth per year, or
37 new units. Staff believes this allotment should be reduced by 50% to no more than a
.5% growth rate and is recommending 18 units per year. In addition, staff is
recommending a further limit on the number of residential allotment permitted within the
immediate downtown - the CC and C I zones. Staff is recommending a limit of 6 of the
18 new free-market residential allotments within the downtown. This 18 number could
be lower. Staff does not recommend a yearly growth rate of less than .25% as some level
of continuous renewal is needed for the long-term susiainability of the community.
Growth Rates Allowed FM
units per year
2% 75.4
1% 37.7
.5% 18.9
.4% 15.1
.25% 9.4
Administrative Approval for Historic Landmark Expansions - Section 3
This additional language is a clean-up. It provides a reference to the mitigation standards
for free-market residential development beyond the one allowed for historic landmarks.
Staff does not consider this a substantive change.
Temporary food vendin!! in the Commercial Core - Section 4
This provision is currently expired. It has been amended before by Council to extend the
"sunset." Staff has had relatively good experiences with this provision and there is one,
possibly two, potential applicants under this section. Staff is recommending the language
allow for temporary permits such that if this provision becomes a problem in the future
the temporary permits would automatically expire.
P&Z Commission Reviews for Historic Landmark Expansions - Section 5
This additional language is a clean-up. It provides two references - one back to the
administrative free-market development on historic landmarks and one forward to the
mitigation standards for free-market residential development beyond the one allowed for
historic landmarks. Staff does not consider this to be a substantive change.
P&Z Commission Reviews for Chan!!e-in-use - Section 6
The affordable housing mitigation standard for free-market development was intended to
be on a Floor Area basis. For the mitigation to "count" as Floor Area, it must be above
grade. Staff believes this is an important clarificatiqn to make. Even if the original intent
was that this requirement be on a Floor Area basis, the language does not state this. Also,
staff is proposing a requirement that no affordable housing be lost through a change-in-
use.
P&Z Commission Reviews for Free-Market residences within mixed-use proiect -
Section 7.
This is the same issue as addressed in the change-in-use section - that the mitigation be
on a Floor Area basis. This section is important for regulating new free-market units and
the expansion of existing units.
P&Z Commission Reviews for Affordable Housine: - Section 8
All affordable housing is funneled to this section - private, public, mitigation, 70/30, etc.
This new text requires two things - I) that all new units be at least 50% above grade; and,
2) that all new units be "for-sale" units. The new text exempts the Aspen/Pitkin County
Housing Authority and other govemments from this for-sale provision. The City's Land
Use Code and the Housing Guidelines currently do not prohibit sub-grade units.
Growth Manae:ement Allotment Review Procedures - General- Section 9
This section explains general review process requirement and policies for GMQS
applications. The new text provides guidance for projects that may span more than one
year in the review. With a reduced yearly allotment, this will likely become an issue and
staff believes a section that addresses multi-year applications is necessary.
Commercial Core (CO and Commercial (Cl) Zone Density Requirements.
Sections 10 and 11
This unit-size requirement will require new residential development in the CC and Cl -
the immediate downtown - to be 1,500 square feet or less per unit. This density
requirement will result in higher occupancy downtown and less chance of a single owner
purchasing an entire building and privatizing portions of the downtown.
Mixed-Use Zone and Neie:hborhood Commercial Zone FAR.- Sections 12 and 13
This change will ensure that the free-market residential component of mixed-use
development in these two zones will not be greater that the commercial component. Staff
sees this as a major problem in the current MU and NC Zones. For example: a project
could get the mixed-use zoning dimensions with only a minor fraction of the project
being commercial. There may be some advantage of implementing this across all
commercial zones - CC, Cl, MU, NC, & SCI.
Multi-Familv Housine: Replacement - Section 14 and 15
This Chapter regulates the demolition and replacement of multi-family housing. This is
the reason older multi-family housing still exists in town. The requirements mandate that
affordable housing be incorporated when these free-market buildings are torn-down. The
proposed amendments focus on two aspects: I) that the replacement units be at least 50%
above grade. This was the requirement through 2004 but was purposely removed to
encourage redevelopment. Recently staff has heard criticism of this allowance and is
proposing this fix. Staff has reviewed this with Tom McCabe, APCHA Director, and he
supports this amendment.
2) The ability to maintain the units as rental units. The proposed text would require all
replacement units to be for sale. APCHA staff has also reviewed this provision and
supports it.
Accessory Dwelline: Unit - Mandatory Occupancy to Ree:ular - Section 16
In the early 1990s, the City encouraged Mandatory Occupancy ADUs in exchange for
FAR bonuses. Three were created. They've been an administrative disaster. In roughly
1999, staff removed this provision. In December of 200 I, a private planner representing
a Mandatory ADU owner proposed a code amendment to "buy-back" the bonus and
relieve the property of the mandatory deed restriction. The concept was that the owner
would pay the City the value of the bonus space. Staff and the private planner agreed to
use the Assessor's data to discover the market value and called this the "assessed value."
It was not known that this was a term of art of the County Assessor meaning substantially
less than market value.
Heie:ht Measurement - Section 17
The height measurement section was amended prior to the re-adoption of the Cl
regulations. The revised C I permits two roof heights - 38 feet for sloped roofs and 42
feet for flat roofs. This was seen as a way to encourage a variety of roof shapes. The
height measurement section was never updated to permit the sloped roof option and this
proposed text corrects this situation.
"Mixed-Use" Definition - Section 18
The code now uses the term "mixed-use" throughout and there is no codified definition.
Generally, the term means more than one land use on anyone parcel - for example: a
commercial building with residential units above. This proposed language implements a
definition using the four general use categories of the Land Use Code - commercial,
residential, lodging, and civic.
RECOMMENDATION:
Staff recommends adoption of Ordinance No. 12, Series of2006, as an emergency
ordinance with second reading scheduled for March 28th at 4 p.m.
CITY MANAGER COMMENTS:
-:)
RECOMMENDED MOTION:
"I move to adopt Ordinance No. 12, Series of 2006, upon first reading as an
emergency ordinance pursuant to Section 4.11 of the City Charter, with second
reading scheduled for March 28th at 4 p.m."
ATTACHMENTS:
Exhibit A -- Ordinance No. 12, Series of2006.
ORDINANCE NO. 12
(SERIES OF 2006)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO TITLE 26 - THE LAND USE CODE-
OF THE CITY OF ASPEN MUNICIPAL CODE.
WHEREAS, The City of Aspen is a Home Rule Municipal Corporation organized under
and pursuant to Article XX of the Colorado Constitution and the City of Aspen Home Rule
Charter; and,
WHEREAS, by virtue of such authority, and as further authorized by State Statutes
including but not limited to C.R.S. 29-10-1-1 et seq. and 31-23-301 et seq., the City of Aspen has
broad authority to plan for and regulate the use and development of land on the basis of impacts
thereof on the community and surrounding areas; and,
WHEREAS, in light of the potential rate and character of development activity and the
negative impacts of such development activity on the health, peace, safety, and general well-
being of the residents and visitors of Aspen, urgent action is necessary and the provisions of
Section 4.11 of the City of Aspen Municipal Charter are warranted; and,
WHEREAS, the amendments herein amend the following Sections of the Land Use
Code, Title 26 of the Aspen Municipal Code:
. Section 26.470.030.A, Aspen Metro Area Development Ceilings and Annual
Allotments - General.
. Section 26.470.030.D, Aspen Metro Area Development Ceilings and Annual
Allotments - Annual Development Allotments.
. 26.470.040.B.3, Minor enlargement of a Historic Landmark for commercial, lodge, or
mixed-use development.
. Section 26.470.040.B.6, Temporary Outdoor Food Vending.
. Section 26.470.040.C.1, Enlargement of a Historic Landmark for Commercial,
Lodge, or Mixed-Use Development.
. Section 26.470.040.C.5, Change in use.
. Section 26.470.040.C.6, Free-Market Residential Units within a Mixed-Use Project.
. Section 26.470.040.C.7, Affordable Housing.
. Section 26.470.060.A, General.
. Section 26.7l0.l40.D, Commercial Core (CC) Dimensional Requirements.
. Section 26.71 0.150.D, Commercial (C I) Dimensional Requirements.
. Section 26.710.180.10, Mixed-Use (MU) Floor Area Ratio (FAR).
. Section 26.710.170.10, Neighborhood Commercial (NC) Floor Area Ratio (FAR).
. Section 26.530.030.B, Fifty Percent Replacement.
Emergency Ordinance
Ordinance No. 12, Series of2006
Page 1
.
Section 26.530.050, Resale/Rental Restrictions.
Section 26.520.090, Amendment of an ADU or Carriage House Development Order.
Section 26.575.020(B), Methods of Measurement for Varying Types of Roofs.
Section 26.1 04.1 00, Definitions.
.
.
.
WHEREAS, the amendments to the Land Use Code are delineated as follows:
.
Text being removed is highlighted, bold, and strikethrough. Text heiBg Feme'lea
leel<s Iil.e this.
.
Text being added is highlighted, bold, and underline. Text beine: added looks like
this.
.
Text which is not highlighted is not affected.
WHEREAS, the Community Development Director recommended approval of the
proposed amendments, as described herein; and,
WHEREAS, the City Council fmds that the text amendments to the Land Use Code, as
described in this Ordinance, further and are necessary for the promotion of public health, safety, and
welfare and are necessary to implement immediately in order to preserve the health, peace, safety,
and general well-being of the residents and visitors of Aspen, pursuant to the provisions of Section
4.11 of the City of Aspen Municipal Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1:
Section 26.470.030.A, Aspen Metro Area Development Ceilings and Annual Allotments _
General, which section describes the manner in which growth management allotments are
established and allotted to development proposals on an annual basis, shall read as follows:
A. GeneraL As the primary implementation tool for the Aspen Area Community Plan
(AACP), the Growth Management Quota System (GMQS) is designed to promote many
objectives. Despite its complexity, two overriding goals form its core: (1) to prohibit
development in excess of the AACP objective of a thirty thousand (30,000) peak population
(permanent and visitor); and (2) to ensure that the rate at which growth occurs does not exceed
the community's ability to cope with associated public facility and service demands and
accompanying changes to community character.
Aspen area residents have determined that the maximum average growth rate that can be
accommodated without long-term negative consequences is two (2) percent per year, with the
exception of permanently affordable housing and lodging facilities. The AACP supports a
"critical mass" of permanent residents to be housed and a growth rate of more than two (2)
percent for affordable housing to ensure a balance of resort and community. The Economic
Sustainability Committee, a joint effort undertaken in 2002 between the City of Aspen, the
Emergency Ordinance
Ordinance No. 12, Series of2006
Page 2
Aspen Institute Community Forum, and the Aspen Chamber Resort Association, supported, as
their number one recommendation, the redevelopment of existing lodging facilities and the
development of new lodging facilities to counteract the deteriorating and greatly decreased
lodging base. Therefore, the GMQS does not limit the annual growth rate of affordable housing
and lodging facilities, while all other types of development. shall be limited to not exceed a two
(2) percent annual growth rate. In order to address continued community growth concerns, a
growth limit of I one half of one percent (.5 %) has been implemented for free-market
residential development.
For a variety of reasons, it is possible that the community's actual population growth might
exceed the designated growth rate percentages in some years. Previous GMQS approvals and
in/out-migration, for example, can result in periods of construction activity and population
growth that exceed the planned average annual growth rate.
Section 2:
Section 26.470.030.D, Aspen Metro Area Development Ceilings and Annual Allotments -
Annual Development Allotments, which section describes the number of development allotments
available on an annual basis, shall read as follows:
D. Annual Development Allotments.
The growth management quota system establishes annual development allotments available for
use by projects during each growth management year - March 1 st to February 28th (or 29th as
applicable). The number of development allotments available within a single growth
management year varies based on the following factors:
(1) The type ofland use.
(2) The annual allotment available for each land use.
(3) The number of allotments granted the previous year and whether or not the Planning
and Zoning Commission permits an accumulation from year to year.
(4) The number of multi-year allotments granted by City Council from future years.
(5) The number of allotments already granted in the current growth management year.
The Community Development Director shall calculate the development allotments available for
each type ofland use as follows:
Where, the above terms are defined and established as follows:
Annual Allotment. The Annual Allotment reflects each year's potential growth within
the City of Aspen, applied to each type of land use. The Annual Allotment may be
reduced if multi-year allotments are granted by City Council. The following annual
standard allotments are hereby established:
Emergency Ordinance
Ordinance No. 12, Series of2006
Page 3
Development Type
Residential - Free Market
Annual Allotment
37 BRits. 18 units. No more than 6
of which may be located in the CC
and Cl Zones.
28,000 net leasable square feet
No annual limit
No annual limit
Commercial
Residential - Affordable Housing
Lodging
Roll-Over Allotment. At the conclusion of each growth management year, the Planning
and Zoning Commission shall determine the amount of unused allotments, for each type
of development, to remain available in the next year and assign the unused allotment to
become part of the Available Development Allotment for future projects. (See
accounting procedure.) There is no limit, other than that implemented by the Planning
and Zoning Commission, on the amount of potential growth that may be carried forward
to the next year.
Allotments awarded to a project which does not proceed and which are considered void
shall constitute unused allotments and shall be considered for allotment roll-over by the
Planning and Zoning Commission. Allotments shall be considered vacated by a property
owner upon written notification from the property owner or upon expiration of the
development right pursuant to section 26.470.060.B.4, Expiration of Growth
Management Allotments.
Section 3:
Section 26.470.040.B.3, Minor enlargement of a Historic Landmark for commercial, lodge, or
mixed-use development, which section describes the manner in which a property designated a
historic landmark may be enlarged for the purpose of adding commercial, lodge, or mixed-use
development, shall read as follows:
3. Minor enlargement of a Historic Landmark for commercial, lodge, or mixed-use
development. The enlargement of a property, structure, or portion of a structure designated as a
Historic Landmark for commercial, lodge, or mixed-use development shall be approved,
approved with conditions, or denied by the Community Development Director based on the
following criteria:
a) Sufficient growth management allotments are available to accommodate the
expansion pursuant to Section 26.470.030(D), Annual Development Allotments.
b) If the development increases either Floor Area or Net Leasable space/lodge units, but
not both, then no employee mitigation shall be required.
c) If the development increases both Floor Area and Net Leasable space/lodge units, up
to four (4) employees generated by the additional commercial/lodge shall not require
the provision of affordable housing. An expansion generating more than four (4)
employees shall not qualify for this administrative approval and shall be reviewed
.pursuant to 26.470.040.C.1.
Emergency Ordinance
Ordinance No. 12, Series of2006o
Page 4
d) No more than one free-market residence is created. This shall be cumulative and
shall include administrative GMQS approvals granted prior to the adoption of
Ordinance No. 21, Series of2005. Additional free-market units (bevond one) shall
be reviewed pursuant to Section 26.470.040.C.6 - Free-Market Residential Units
within a Mixed-Use Proiect.
e) All necessary approvals are obtained, pursuant to Section 26.415, Development
Involving the Inventory of Historic Sites and Structures.
f) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
Section 4:
Section 26.470.040.B.6, Temporary Outdoor Food Vending, which section describes the manner
in which a temporary food vending operation may be established in the Commercial Core Zone
District, shall read as follows:
6. Temporary Outdoor Food Vending in the Commercial Core. A temporary use of
outdoor food vending by a restaurant or retailer on private property, private open space, or public
property that is subject to a mall lease for food vending or outdoor restaurant seating in the
Commercial Core (CC) Zone District shall be shall be approved, approved with conditions, or
denied by the Community Development Director based on the following criteria:
a) The temporary operation shall be permitted for a specified period not to exceed six
(6) months in duration or as otherwise limited by a mall lease. eXIliFe eD eF
befere DeeemlleF 31, 200S.
b) The area of outdoor food vending activities does not exceed fifty (50) square feet.
The area of outdoor food vending activities shall be defined as a counter area,
equipment needed for the food vending activities (e.g. cooler with drinks, snow cone
machine, popcorn machine, etc.), and the space needed by employees to work the
food vending activity.
c) Temporary outdoor food vending may only occur by or in association with restaurant
or retail uses and with the approval of the restaurant or retail establishment's owner in
which the outdoor food vending is associated and located adjacent to.
d) An application to the Community Development Director for temporary outdoor food
vending shall only be submitted and approved subsequent to submitting and obtaining
approval of a food service plan from the Environmental Health Department. The area
of outdoor food vending activities shall include a waste disposal container that shall
be emptied daily and stored inside at night and when the outdoor food vending
activities are not in operation. Additionally, no outdoor, open-flame char-broiling
shall be permitted pursuant to Municipal Code Section 13.08.100, Restaurant Grills.
e) The Community Development Director shall waive affordable housing mitigation
fees associated with the temporary new net leasable square footage being created by
outdoor food vending activities.
Emergency. Ordinance
Ordinance No. 12, Series of2006
Page 5
f) The outdoor food vending activities may occur year-round. An application for and an
approval of temporary outdoor vending activities shall not constitute nor be
interpreted by any property owner, developer, vendor, or court as a site specific
development plan entitled to vesting under Article 68 of Title 24 of the Colorado
Revised Statutes or Chapter 26.308 of this Title. Approvals granted in this subsection
are subject to revocation by the City Manager or Community Development Director
without requiring prior notice.
g) An application for temporary outdoor food vending activities shall not diminish the
general public health, safety or welfare and shall abide by all applicable City
regulations, including but not limited to building codes, health safety codes, fire
codes, liquor laws, sign and lighting codes, and sales tax license regulations.
h) Each vendor wishing to operate outdoor food vending activities shall apply for and be
approved for a permit (no fee required) to do so prior to commencing operations.
Applicable Environmental Health Plan Review fees shall apply.
Section 5:
Section 26.4 70.040.C.l, Enlargement of a Historic Landmark for Commercial, Lodge, or Mixed-
Use Development, which section describes the manner in which a property designated a historic
landmark may be enlarged for the purpose of adding commercial, lodge, or mixed-use
development, shall read as follows:
1. Enlargement of a Historic Landmark for Commercial, Lodge, or Mixed-Use
Development. The enlargement of a historic landmark building for commercial, lodge, or mixed-
use development shall be approved, approved with conditions, or denied by the Planning and
Zoning Commission based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the
expansion pursuant to Section 26.470.030(D), Annual Development Allotments.
b) The proposed development is consistent with the Aspen Area Community Plan.
c) Up to four (4) employees generated by the additional commercial/lodge development
shall not require the provision of affordable housing. Thirty (30) percent of the
employee generation above four (4) and up to eight (8) employees shall be mitigated
through the provision of affordable housing or cash-in-lieu thereof. Sixty (60)
percent of the employee generation above eight (8) employees shall be mitigated
through the provision of affordable housing or cash-in-lieu thereof.
For example: a project generating 15 employees shall require employee
mitigation for a total of 5.4 employees, as follows:
First 4 employees = 0 employee mitigation
Second 4 employees mitigated at 30% = 1.2 employees
Remaining 7 employees mitigated at 60% = 4.2 employees
Affordable housing shall be approved pursuant to Section 26.470.040.C.7, Affordable
Housing, and be restricted to Category 4 rate as defined in the Aspen Pitkin County
Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower Category designation.
Emergency Ordinance
Ordinance No. 12, Series of2006
Page 6
d) UP to one free-market residence mav be created pursuant to 26.470.040.B.3 -
Minor enlare:ement of a Historic Landmark for commercial, lode:e, or mixed-use
development. This shall be cumulative and shall include administrative GMOS
approvals e:ranted prior to the adoption of Ordinance No. 21, Series of 2005.
Additional free-market units (beyond one) shall be reviewed pursuant to Section
26.470.040.C.6 - Free-Market Residential Units within a Mixed-Use Proiect.
e) All necessary approvals are obtained, pursuant to Section 26.415, Development
Involving the Inventory of Historic Sites and Structures.
f) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
Section 6:
Section 26.470.040.C.5, Change in use, which section describes the manner in which a
property's use may be changes between lodging, commercial, free-market residential, and
affordable residential land uses, shall read as follows:
5. Change in use. A change in use, of an existing property, structure, or portions of an
existing structure, between the use categories identified in Section 26.470.020, (irrespective of
direction) for which a Certificate of Occupancy has been issued for at least two (2) years and
which is intended to be reused, shall be approved, approved with conditions, or denied by the
Planning and Zoning Commission based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the change-
in-use, pursuant to Section 26.470.030(D), Annual Development Allotments.
b) The proposed development is consistent with the Aspen Area Community Plan.
c) Sixty (60) percent of the additional employees generated by the change, according
Section 26.470.050.A, Employee Generation Rates, are mitigated through the
provision of affordable housing or cash-in-lieu thereof. Any affordable housing units
provided shall be approved pursuant to Section 26.470.040.C.7, Affordable Housing
at a Category 4 rate as defined in the Aspen Pitkin County Housing Authority
Guidelines, as amended. An applicant may choose to provide mitigation units at a
lower Category designation.
d) No more than one (1) free-market residential unit is created through the change-in-
use. The chane:e does not reduce the number or Quality of affordable housine:
units on site or such chane:e has been approved by the AspenlPitkin County
Housine: Authority.
e) Affordable housing Floor Area equal to thirty (30) percent of the additional free-
market residential Floor Area is provided. Additional net livable affordable
housine: space beyond the Floor Area requirement may be developed but shall
not count towards this criterion unless it meets the definition of Floor Area.
Emergency Ordinance
Ordinance No. 12, Series of2006
Page 7
Affordable housing shall be approved pursuant to Section 26.470.040.C.7, Affordable
Housing, and be restricted to Category 4 rate as defined in the Aspen Pitkin County
Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower Category designation.
f) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
Section 7:
Section 26.470.040.C.6, Free-Market Residential Units within a Mixed-Use Project, which
section describes the criteria upon which free-market residential development within a mixed-use
project shall be reviewed for approval, shall read as follows:
6. Free-Market Residential Units within a Mixed-Use Project. The development of new or
expansion of existing free-market residential units within a mixed-use project shall be approved,
approved with conditions, or denied by the Planning and Zoning Commission based on the
following criteria:
a) Sufficient growth management allotments are available to accommodate the
expansion, pursuant to Section 26.470.030.0, Annual Development Allotments.
b) The proposed development is consistent with the Aspen Area Community Plan.
c) Affordable housing Floor Area equal to thirty (30) percent of the additional free-
market Floor Area is provided in a in a manner acceptable to the AspenlPitkin County
Housing Authority. Additional net livable affordable housine: space beyond the
Floor Area requirement may be developed but shall not count towards this
criterion unless it meets the definition of Floor Area. Affordable housing shall be
approved pursuant to Section 26.470.040.C.7, Affordable Housing, and be restricted
to Category 4 rate as defined in the Aspen Pitkin County Housing Authority
Guidelines, as amended. An applicant may choose to provide mitigation units at a
lower Category designation.
d) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
Section 8:
Section 26.470.040.C.7, Affordable Housing, which section describes the criteria upon which
affordable residential development shall be reviewed for approval, shall read as follows:
Emergency Ordinance
Ordinance No. 12, Series of2006
Page 8
7. Affordable Housing. The development of affordable housing deed restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved,
approved with conditions, or denied by the Planning and Zoning Commission based on the
following criteria:
a) Sufficient growth management allotments are available to accommodate the new
units, pursuant to Section 26.470.030.C, Development Ceiling Levels.
b) The proposed development is consistent with the Aspen Area Community Plan.
c) The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority. A recommendation from the Aspen/Pitkin County Housing Authority
shall be required for this standard. The AspenlPitkin County Housing Authority may
choose to hold a public hearing with the Board of Directors.
d) Affordable Housing required for mitigation purposes shall be in the form of actual
newly built units or buy-down units. Each unit provided shall be desie:ned such
that the finished floor level of fIfty (50) percent or more of the unit's net livable
SQuare footae:e is at or above Natural or Finished Grade. whichever is hie:her.
Off-site units shall be provided within the City of Aspen city limits. Units outside the
city limits may be accepted as mitigation by the City Council, pursuant to
26.470.040.D.2. Provision of affordable housing through a cash-in-lieu payment
shall be at the discretion of the Planning and Zoning Commission upon a
recommendation from the Aspen/Pitkin County Housing Authority. Required
affordable housing may be provided through a mix ofthese methods.
e) The proposed units shall be deed restricted as "for sale" units and transferred to
qualified purchasers according to the Aspen/Pitkin County Housing Authority
Guidelines. In the alteFBatke, FentalBnit~ may be IlFeviaea if a legal mstFumeDt,
in a filFm aeeelltable te the City f.tteFney, enSBFes IleFmanent affoFaability efthe
Bflits., The deed restriction for units required to be deed restricted as affordable
housine: shall permit the AspenlPitkin County Housine: Authority or the City of
Aspen to own the unit and rent it to Qualified renters as dermed in the
Affordable Housine:Guidelines established by the Aspen/Pitkin County Housine:
Authority. as amended. Units owned by the Aspen/Pitkin County Housine:
Authority. the City of Aspen, Pitkin County. or other similar e:overnmental or
Quasi-municipal ae:ency shall not be subiect to this mandatory "for-sale"
provision.
Section 9:
Section 26.470.060.A, General, which section describes procedures and limitation of growth
management applications, shall read as follows:
A. General.
1. Number of Develooment Aoolications. No more than one development application for
growth management allotments on anyone parcel shall be considered concurrently.
Emergency Ordinance
Ordinance No. 12, Series of2006
Page 9
To submit a new application, any active growth management application for the same
property must be vacated.
2. Number of Growth Manaf!ement Allocations. No more than one project shall be
entitled to growth management allotments on anyone parcel concurrently. In order to
entitle a different proj ect on the same parcel, existing growth allotments must be
vacated. (Also see, amendment of a growth management approval, Section
26.470.080.)
3. No automatic "roll-over" of Growth Manaf!ement Avvlications. Applications shall
only be eligible for growth allotments within the growth management year in which
they are submitted and shall not automatically become eligible for future year
allotments. Applications must be resubmitted or renewed in order to be eligible for
the next year's allotments.
4. HPC Concevtual Avvroval Required. Whenever Historic Preservation Commission
approval is needed for a proposed project, the Historic Preservation Commission's
Conceptual approval must be secured prior to submitting an application for a growth
management allotment.
5. Concevtual PUD Avvroval Required. Projects requiring approval of a Planned Unit
Development Plan, pursuant to section 26.445, Planned Unit Development, must first
obtain Conceptual PUD approval prior to submitting an application for a growth
management allotment. Final PUD applications may be authorized for combined
review pursuant to Section 26.304.060.B.l.
6. Desif!n Review vrior to Growth Manaf!ement. Commercial, Lodging, and mixed-use
projects shall obtain Commercial Design Review approval, pursuant to Section
26.412, prior to submitting an application for growth management allotment.
Residential projects shall obtain Residential Design Standards approval, pursuant to
Section 26.410, prior to submitting an application for growth management allotment.
The Community Development Director may waive this requirement and authorize a
combined review, pursuant to 26.304.060.B.l.
7. Other Required Land Use Reviews. Subdivision approval and other land use review
approvals, as applicable, shall be required and may be reviewed concurrently or
combined with review for growth management, pursuant to Section 26.304.060.B.l.
8. Non-Assif!nabilitv of Growth Allotments. Development allotments obtained, pursuant
to this Chapter, shall not be assignable or transferable independent of the conveyance
of the real property on which the development allotment has been approved.
9. Multi-Year Growth Allotments. Projects requiring development allotments in
excess of the Annual Allotment may be granted a multi-year allotment pursuant
to Section 26.470.040.D.l, or may gain allotments over a multi-year period
provided that the allotment gained in anyone year shall not exceed the Annual
Allotment. For example, a project requesting 50,000 square feet of commercial
space may request either a one-time multi-year allotment of 50,000 square feet,
pursuant to Section 26.470.040.D.l, or may request approval in the first year for
25,000 square feet and request approval for the remaining 25,000 square feet in
a subsequent year. Gaining partial allotments in any year shall not guarantee
Emergency Ordinance
Ordinance No. 12, Series of2006
Page 10
.
that allotments will be granted in later years for the same project. Projects
receiving partial allotment shall not be granted a Development Order until all
phases of the project have been granted allotments. If the design of a project
changes prior to receiving the full allotment needed for a Development Order,
the reviewing body shall determine if the changes are acceptable or if the change
invalidates the previously granted allotment and requires a resubmission for
allotments. Applications for each year's allotment need to be submitted and
there shall be no preferential status given to a project granted partial allotment.
Section 10:
Section 26.7l0.140.D, Commercial Core (CC) Dimensional Requirements, which section
describes the dimensional allowances for development within the Commercial Core Zone
District, shall be amended to include the following additional requirement: (No changes to sub-
sections 1-10.)
11. Maximum Residential Unit Size (square feet): 1,500. This maximum shall apply
to Free-Market and Affordable residential units and shall measured pursuant to
the defmition of Net Livable Area on a per unit basis.
Section 11:
Section 26.71 0.150.D, Commercial (C I) Dimensional Requirements, which section describes the
dimensional allowances for development within the Commercial (Cl) Zone District, shall be
amended to include the following additional requirement: (No changes to sub-sections 1-10.)
11. Maximum Residential Unit Size (square feet): 1,500. This maximum shall apply
to Free-Market and Affordable residential units and shall measured pursuant to
the definition of Net Livable Area on a per unit basis.
Section 12:
Section 26.710.180.10, Mixed-Use (MU) Floor Area Ratio (FAR), which section describes the
Floor Area Ratio dimensional allowances for development within the Mixed-Use (MU) Zone
District, shall read as follows:
."
10. Floor Area Ratio (FAR):
A. The following FAR schedule applies to uses cumulatively up to a total maximum
FAR of 2: 1. For properties within the Main Street Historic District, this
maximum cumulative FAR shall be 1: 1, which may be increased to 1.25: 1 by
Special Review, pursuant to Section 26.430.040.A.
1. Commercial; Lodge; Timeshare Lodge, Exempt Timesharing; Arts, Cultural
and Civic uses; Public Uses; Recreational Uses; Academic Uses: .75:1, which
may be increased to I: I by Special Review, pursuant to Section 26.430.
040.A.
Emergency Ordinance
Ordinance No. 12, Series of2006
Page 11
2. Affordable Multi-Family Housing: No limitation, other than the cumulative
FAR limit stated above.
3. Free-Market Multi-Family Housing: .75:1. which may be increased to 1:1 by
Special Review, pursuant to Section 26.430.040.A. The total free-market
residential Floor Area on the parcel shall be no e:reater than the total
Floor Area attributed to the uses described in sub-section
26.710.180.D.I0.A.l. above. located on the same parcel.
B. The following FAR schedule applies to single-family and duplex uses when
developed as the only use of the parcel:
1. Detached residential and Duplex dwellings established prior to the adoption of
Ordinance 7, Series of 2005: 100% of the allowable floor area of an
equivalent-sized lot located in the R6 zone district. (See R6 Zone District.)
Receipt of a Development Order shall constitute the date the use was
established. Replacement after Demolition shall not effect a new
establishment date for the purposes of this section. City of Aspen Historic
Transferable Development Rights shall not be extinguished in this zone
district and shall not permit additional floor area.
2. Detached residential and Duplex dwellings established after the adoption of
Ordinance 7, Series of2005: 80% of the allowable floor area of an equivalent-
sized lot located in the R6 zone district. (See R6 Zone District.) City of
Aspen Historic Transferable Development Rights shall not be extinguished in
this zone district and shall not permit additional floor area.
Section 13:
Section 26.710.170.10, Neighborhood Commercial (NC) Floor Area Ratio (FAR), which section
describes the Floor Area Ratio dimensional allowances for development within the Neighborhood
Commercial (NC) Zone District, shall read as follows:
10. Floor Area Ratio (FAR):
The following FAR schedule applies to uses cumulatively up to a total maximum
FAR of 1.5: 1.
a) Commercial Uses: 1:1.
b) Lodging, Arts Cultural and Civic Uses, Public Uses, Recreational Uses, Academic
Uses, child care center, and similar uses: 1: I.
c) Affordable Multi-Family Housing: .5:1.
d) Free-Market Multi-Family Housing: .5:1. The total free-market residential
Floor Area on the parcel shall be no e:reater than the total Floor Area
attributed to the uses described in sub-section 26.710.170.D.I0.a and b.
above. located on the same parcel.
Emergency Ordinance
Ordinance No. 12, Series of2006
Page 12
Section 14:
Section 26.530.030.B, Fifty Percent Replacement, which section describes the manner in which
demolition of a multi-family building shall require the development of affordable housing, shall,
shall read as follows:
B. Fifty Percent Replacement. In the event of the demolition of free-market resident multi-
family housing and replacement ofless than one-hundred (100) percent of the number of
previous units and bedrooms as described above, the owner shall be required to construct
replacement housing consisting of no less than fifty (50) percent of the number of units,
fifty (50) percent of the number of bedrooms, and fifty (50) percent of the square footage
of net residential area demolished. Each replacement unit shall be desie:ned such that
the finished floor level of a minimum of fifty (50) percent of the net livable square
footae:e is located above Natural or Finished Grade. whichever is hie:her. The
replacement housing meeting this requirement shall be deed restricted as affordable
housing in accordance with the requirements of section 26.530.050, Resale Restrictions
(below). The remaining units replaced on-site shall not be required to be deed restricted
as affordable housing.
Section 15:
Section 26.530.050, Resale/Rental Restrictions, which section describes the manner in which
affordable housing developed as a requirement of the Residential Multi-Family Housing
Replacement Chapter shall be deed restricted and conveyed to purchasers, shall read as follows:
26.530.050 Resale/Rental Restrictions.
Replacement units required to be deed restricted as affordable housing shall be "for-sale units"
and shall be deed restricted in a form and substance consistent with the Affordable Housing
Guidelines established by the AspenlPitkin County Housing Authority. Such deed-restricted
units may only be sold in compliance with the current Affordable Housing Guidelines
established by the AspenlPitkin County Housing Authority. The owner may be entitled to select
purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin
County Housing Authority.
The deed restriction for replacement units required to be deed restricted as affordable housing
shall permit the Aspen/Pitkin County Housine: Authority or the City of Aspen to own the
unit and rent it to Qualified renters as defined in the Affordable Housine: Guidelines
established by the AspenlPitkin County Housine: Authority, as amended. be allewea te be
FeBtal uBit5 if a legal mstFumcBt, in a ferm aeecIltallle te the City f.UeFBey, shall guarantee
thciF IleFmaBent affeFBallility in aee9FBIlBee with the f.sIleBf.PitIHB Ceunty f.fferaallle
HeusiBg Cuiaelines. No resale or rental restrictions shall apply to free-market replacement
units.
Emergency Ordinance
Ordinance No. 12, Series of2006
Page 13
Section 16:
Section 26.520.090, Amendment of an ADU or Carriage House Development Order, which
section describes the process and review criteria for amending a Development Order for an
Accessory Dwelling Unit or Carriage House, shall read as follows:
26.520.090 Amendment of an ADU or Carriage House Development Order
A. Insubstantial Amendment.
An insubstantial amendment to an approved development order for an Accessory Dwelling
Unit or Carriage House may be authorized by the Community Development Director if:
1. The change is in conformance with the design standards, Section 26.520.050, or does not
exceed approved variations to the design standards; and,
2. The change does not alter the deed restriction for the ADU or Carriage House or the
alteration to the deed restriction has been approved by the AspenlPitkin County Housing
Authority .
3. An amendment application that proposes to remove a Mandatory Occupancy ADU deed
restriction placed on the property prior to adoption of Ordinance No. 46, Series of 2001,
may be approved if all of the following criteria are met:
a. The mandatory occupancy deed restriction shall have been recorded on the property
for a minimum of three (3) years prior to the date of application for its removal. The
applicant shall demonstrate a change in circumstances supporting the request to
remove the restriction.
b. The Mandatory Occupancy deed restrictIOn on the ADU is replaced with the
minimum ADU deed restriction allowing voluntary occupancy; and,
c. The applicant has obtained approval either:
1. From the City of Aspen to develop a deed restricted affordable housing unit
on a site that is not otherwise required to contain such a unit or from the
AspenlPitkin County Housing Authority to convert an existing free-market
unit and deed restrict the unit to affordable housing status. The replacement
affordable housing unit shall be within the Aspen Infill Area, shall be of a
comparable size and type as the ADU, shall be accepted by the AspenlPitkin
County Housing Authority, and shall be deed restricted as a Category 3, or
lower, sales unit according to the Aspen/Pitkin County Housing Guidelines, as
amended; or,
From the Aspen/Pitkin County Housing Authority to pay an affordable
housing conversion fee, calculated according to the following formula:
assessea
(market value of parcel )
X plus improvements
floor area of residence
(excluding bonus FAR)
2.
(square footag~
$ payment = of bonus floor
area
Netes: Whereas:
Emergency Ordinance
Ordinance No. 12, Series of2006
Page 14
.
The assessed market value of the lot plus improvements shall be that value
assigned to the lot and improvements in the most current assessment made by
the Pitkin County Assessor.
The Floor Area of the residence shall be calculated pursuant to Section
26.575.020 (A), as amended.
Payment shall be made in compliance with the applicable requirements for
payment-in-lieu contained in the AspenlPitkin County Housing Guidelines, as
amended.
.
.
d. The structure granted the bonus Floor Area shall be considered a legally created
Nonconforming Structure and subject to the provisions of Section 26.312.
B. Other Amendments.
All other amendments to an approved development order for an Accessory Dwelling Unit or
Carriage House shall be reviewed pursuant to the terms and procedures of this Section.
Section 17:
Section 26.575.020(B), Methods of Measurement for Varying Types of Roofs, which section
describes the manner in which building heights are calculated, shall read as follows:
B. Building Heights.
1. Methods of Measurement for Varvinz Tvves of RoofS.
In the Commercial Core (CC), CemmeFcial (Cl), Commercial Lodge (CL),
Neighborhood Commercial (NC),. and Service/CommerciallIndustrial (SCI) Zone
Districts, the height of the building shall be the maximum distance measured vertically
from the natural or finished grade, whichever is lower, to the top, ridge, or parapet of the
structure. For structures in all other zone districts, the height shall be measured as
follows:
a. Flat Roofs or Roofs With a Slope of Less Than 3: 12. The height of the building
shall be the maximum distance measured vertically from the natural or finished
grade, whichever is lower, to the top or ridge of a flat, mansard, or other roof with
a slope of less than 3: 12.
b. Roofs With a Slope From 3:12 to 7:12. For roofs with a slope from 3:12 to 7:12,
height shall be measured vertically from the natural or finished grade, whichever
is lower, to the mean height between the eave point and ridge of a gable, hip,
gambrel or other similar pitched roof. The ridge of a gable, hip, gambrel, or other
pitched roof shall not extend over five feet above the maximum height limit.
c. Roofs With a Slope of 8: 12 or Greater. For roofs with a slope of 8:12 or greater,
height shall be measured vertically from the natural or finished grade, whichever
is lower, to a point one-third (1/3) of the distance up from the eave point to the
ridge. There shall be no limit on the height of the ridge. Chimneys and other
appurtenances may extend up to a maximum of two (2) feet above the ridge.
d. Chimneys, Antennas and Other Appurtenances. Antennas, chimneys, flues, vents
or similar structures shall not extend over ten (10) feet above the specified
Emergency Ordinance
Ordinance No. 12, Series of2006r
Page 15
maximum height limit, except for roofs with a pitch of 8:12 or greater, these
elements may not extend more than two (2) feet above the ridge. Water towers,
solar panels, and mechanical equipment shall not extend over five (5) feet above
the specified maximum height limit. Church spires, bell towers and like
architectural projections, as well as flag poles, may extend over the specified
maximum height limit.
2. Excevtions for Buildinzs on Slopes. The maximum height of a building's front (street facing)
facade may extend for the first thirty (30) feet of the building's depth.
3. Exceptions for Areawavs. Lizhtwells and Basement Stairwells. An areaway, lightwell or
basement stairwell of less than one hundred (100) square feet, entirely recessed behind the
vertical plane established by the portion of the building facade which is closest to the street,
and enclosed on all four sides to within eighteen (J 8) inches of the first floor level shall not
be counted towards maximum permissible height.
Section 18:
Section 26.104.100, Definitions, which section describes the meaning of terms used in the Land
Use Code, shall include the additional following term and definition:
Mixed-Use. The use ofland or a structure for more than one of the following land uses:
. Commercial (which shall include Retail and Restaurant Uses, Neighborhood Commercial
Uses, Office Uses, Service Uses, Service Commercial Industrial Uses, Food Market, and
Commercial Parking Facility, but which shall exclude Agricultural Uses and Artist
Studio). .
. Residential (which shall include Detached Dwelling, Attached Dwelling, single-family
dwelling, Duplex Dwelling, Multi-Family Dwelling, Manufactured Home, free-market
residence, Affordable Housing, Employee Housing, Group Home, Dormitory, Accessory
Dwelling Unit, and Carriage House).
. Lodging (which shall include Hotel, Timeshare Lodge, and exempt timesharing, but shall
exclude Boardinghouse and Bed and Breakfast).
. Civic (which shall include Arts, Cultural, and Civic Uses; Child Care Center; Essential
Public Facility; Recreational Use; and, Public Uses; but shall exclude Open Space, Open
Use Recreation Site, and).
Accessory Uses, Temporary Uses, and Non-Profit Organizations shall not qualify a property
or structure as Mixed-Use.
Section 19: Effect on Development Applications
This Ordinance shall not affect any project having already received a Development Order, as
such term is used in the Land Use Code. Applications determined complete, pursuant to
Section 26.304.050.A, shall be reviewed and processed according to the provisions of the
Land Use Code in effect on the date of submission.
Emergency Ordinance
Ordinance No. 12, Series of2006
Page 16
Complete applications which do not request approval for land use reviews amended through
adoption of this ordinance shall not be considered complete for any review other than the
specific review requested in such application, regardless of the original submission date.
Pre-Application Conferences, Pre-Application Conference Summary reports, or formal or
informal discussions with Community Development staff or review Boards shall not
constitute a complete application or any other official status. Applications submitted after the
effective date of this ordinance shall comply with the terms of the Land Use Code, as
amended.
Section 19:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 20:
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 21:
That the City Clerk is directed, upon the adoption of this Ordinance, to publish a copy of this
ordinance in a newspaper of general circulation within ten (10) days, or as soon thereafter as
possible, and l.....""V.la--a C..')J!.y ef +l..;c QnRfifiRe8 m +1...1'" ^ffi~e n.f Thll PitJ.~ CuulJi) Clerk'- auJ I
R~Il~-i_ I
Section 22:
This ordinance shall become effective upon final passage.
[signatures on following page]
Emergency OrdinanceOrdinance No. 12, Series of2006
Page 17
INTRODUCED, READ, AND SCHEDULED FOR SECOND READING as provided by law,
by the City Council of the City of Aspen on the 27th day of March, 2006.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this _ day of
,2006
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
Approved as to form:
City Attorney
C:\homelCurrent PlanninglEmergencyOrdinance.doc
Emergency Ordinance
Ordinance No. 12, Series of2006
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