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11-11-19 Town Council PacketTown Council Monday, November 11, 2019 4:00 PM 130 Kearns Road Council Chambers Agenda 1.CALL TO ORDER - Mayor Butler called to order the Special Meeting of the Snowmass Village Town Council 2.ROLL CALL 3.JOINT MEETING WITH PLANNING COMMISSION - SMALL CELL TOWERS/5G INFRASTRUCTURE 3.A.Small Cell Towers / 5G Infrastructure in a Right A Way Agenda Summary HR Green Cell Page 3 Attachment A - Small Cell Overview Page 5 Attachment B - Final City of Aspen Design Guidelines Page 45 4.PUBLIC COMMENT - This section is set aside for the Town Council to LISTEN to comments by the public regarding items that do not otherwise appear on this agenda. Generally, the Town Council will not discuss the issue and will not take an official action under this section of the agenda. (Five Minute Time Limit) 5.CONSENT AGENDA - These are items where all conditions or requirements have been agreed to or met prior to the time they come before the Council for final action. A Single Public Hearing will be opened for all items on the Consent Agenda. These items will be approved by a single motion of the Council. The Mayor will ask if there is anyone present who has objection to such procedure as to certain items. Members of the Council may also ask that an item be 1 Town Council Page - 2 removed from the consent section and fully discussed. All items not removed from the consent section will then be approved. A member of the Council may vote no on specific items without asking that they be removed from the consent section for full discussion. Any item that is removed from the consent agenda will be placed on the regular agenda. 5.A.DRAFT AGENDAS Draft Agendas Page 46 6.ADMINISTRATIVE REPORTS 6.A.DISCUSSION REGARDING TOWN PARK DESIGN GOALS AND CRITERIA Agenda Summary Town Park Design Goals and Criteria Page 50 Attachment Comment Survey Stakeholder Meeting Notes Page 52 6.B.CONTINUED DISCUSSION ON PROPOSED CHANGES TO THE HOUSING REGULATIONS Agenda Summary Proposed Changes to Housing Regulations Page 60 Attachment A Perm Mod Housing Regs Redline Page 63 Attachment B Perm Mod Housing Regulations no redline Page 81 7.TOWN COUNCIL REPORTS AND ACTIONS - Reports and Updates 8.ADJOURNMENT 2 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: November 11, 2019 AGENDA ITEM: Small Cell Wireless Infrastructure and the Future of 5G Technology Informational Presentation Joint Meeting with Planning Commission PRESENTED BY: David Zelenok, Manager of Local Government Services, HR Green Inc. Travis Elliott, Assistant Town Manager Julie Ann Woods, Community Development Director Anne Martens, Public Works Director Douglass Goldfluss, IT Manager BACKGROUND: As more and more smart devices rely upon wireless networks, the trend for cell tower infrastructure has been evolving and moving towards smaller, more numerous facilities to improve wireless coverage and capacity. Recent legislation and FCC mandates have created a “use by right” for cell companies to install small cell towers in the public right of way and have placed strict requirements on local jurisdictions to process small cell applications within very prescriptive timeframes and “shot clocks.” In other words, local jurisdictions cannot deny an application to install small cell towers within the public right of way, and in fact, must review and approve the application within a certain timeframe. Although demands are greater in large urban cities, rural areas are already seeing applications for small cell towers under these new rules. Staff believe Snowmass Village can expect to see application(s) in the near future. In response, many local jurisdictions, such as the City of Aspen, have been proactively developing new design guidelines and regulations to control the appearance of any future small cell sites. A copy of the City’s preliminary design guidelines are attached for 11-11-19 TC Packet Page 3 of 91 3 your review (Attachment B). The City of Aspen is now working with HR Green, a consulting firm out of Denver, to expand upon these guidelines and develop master plans for the City. Town staff has invited the same firm, HR Green Inc., to the Town Council meeting to give an informational presentation on the new mandates, emerging technology, and their experience from other municipalities. A draft of the HR Green presentation is attached (Attachment A). Because a lot of the new mandates conflict with our existing code and review process, both the Planning Commission and Town Council should expect a future proposal to adopt Land Use Code changes. Therefore, the Planning Commission has been invited to the presentation. HR Green’s presentation is informational only to provide necessary background information, and no formal action is necessary at the meeting on Monday. Next Steps: Staff is seeking direction from the Town Council to proceed with our evaluation of this emerging technology, and to draft Land Use Code revisions to adequately meet the anticipated applications for small cell wireless infrastructure. To do this, staff recommends that the Town Council direct staff to draft code and guidelines that will make sense for Snowmass Village. The anticipated costs is expected to be accommodated within the 2020 Budget. Staff would then return with draft policies, review processes, and code language for the Planning Commission and Town Council to consider. Attachments: A. HR Green Small Cell Overview Presentation B. City of Aspen Preliminary Small Cell Design Guidelines 11-11-19 TC Packet Page 4 of 91 4 GOVERNMENTAL SERVICES New Technologies, Challenges and Opportunities in Snowmass Village Small Cell / 5G Policies 11-11-19 TC Packet Page 5 of 91 5 2Aspen Small Cell Design Guidelines 11-11-19 TC Packet Page 6 of 91 6 3What is –“Broadband” Anyway? Think of a 3 Megabyte attachment (song, doc, photo) ~ 25 megabits Broadband = 25 megabits per second download, 3 Megabits per second upload So -if you can download a 3 MB file in 1.0 second, You have “broadband” (Most cell phones and homes don’t) 25/3: will seem slow in the future 11-11-19 TC Packet Page 7 of 91 7 4 11-11-19 TC Packet Page 8 of 91 8 5What Is Driving Broadband Changes? •Bandwidth Demand ~25 -43% annual growth rate •So what’s changed? •Fiber to the home •Streaming video & Gaming •Telecommuting & Telemedicine •“Smart” Apps & Internet of Things •Goal: 1,000 mbps –10,000 mbps (1 Gig –10 Gig) TV HDTV 4K 8K 2G 3G 4G LTE 5G 11-11-19 TC Packet Page 9 of 91 9 6What can you do with a gig? •“Cut the cord” –“Content” •80 mbps+ streaming HD –“Buffering” •Soon: 4K TV •Any HD program/language •High Tech Businesses •Entrepreneurs •Economic Development •Property Values •Home sale prices – •Studies: 3% increase in Home Prices Cost to install fiber/broadband ~ $1,000 -$3,000 (Arguably, not everyone needs a gig TODAY)11-11-19 TC Packet Page 10 of 91 10 7What REALLY Matters in Broadband? 1.Latency (fast response) 2.Capacity (whole family on at once) 3.Quality of connection & experience 4.Lowest cost per bit 5.Speed (fast downloads and uploads) Everyone doesn’t need them all, Different technologies = different costs, different benefits 11-11-19 TC Packet Page 11 of 91 11 8How is Broadband Delivered? Wireless… Satellite Cellular 4G/LTE 5G (coming soon) Wireline –aerial or underground DSL (Telephone-based –copper wires) Coax Cable Fiber Optic Cable -“future-proofed” All use fiber / No better technology today 11-11-19 TC Packet Page 12 of 91 12 9Existing Cellular Data (4G LTE) Macrotowers ~ $1,000,000 ~ 2-3 miles from your phone ~ 200 phones ~ 20 mbps (too slow for video) Most coverage is less than 4G LTE Will stay augment 5G 11-11-19 TC Packet Page 13 of 91 13 10Think: B&W to COLOR TV •Fiber Optics & Small Cells Every Block –“Densify” •Faster, more devices •3 Miles vs 300 feet, New FCC Mandate… •Creates “Shot Clock” ~ 60 days approval time •Limit application fees to “reasonable costs” •Can define some aesthetics •“Can’t say NO” 11-11-19 TC Packet Page 14 of 91 14 11Small Cells can be hidden in/on poles or buildings Source: “Verizon Small Cell Program”, 2017 CML Conference Presentation Street Light Pole Stand-alone Pole Traffic Signal Pole 11-11-19 TC Packet Page 15 of 91 15 12Unregulated Small Cells Street Light Pole Residential Pole Standalone Pole 11-11-19 TC Packet Page 16 of 91 16 13Fiber To The Home (FTTH) Aerial (overhead) or conduits (underground) Fiber optic cable to every parcel Requires new installation (~$600-$2,000/home) Fiber –virtually unlimited: Speed Capacity Zero latency Lowest cost/bit Quality 11-11-19 TC Packet Page 17 of 91 17 14Examples: What Can Snowmass Village Do? Conceal, Partner, Define Pedestals & Dimensions 11-11-19 TC Packet Page 18 of 91 18 15 Underground Communications Vault Aesthetic Controls… 11-11-19 TC Packet Page 19 of 91 19 16Streetlights… Cities Purchasing Streetlights from Power Companies Owning will reduce costs: $20 vs $2 More important: asset value Even more savings: LED Lighting at the Next Level “Smart” Streetlights Digital Signage Sensors & Counters Events / Wayfinding 5G Cellular Enabled Small Cells * Graphic by IntelliStreets, Inc. “ACORN” Light 11-11-19 TC Packet Page 20 of 91 20 17VAIL: Street lighting & FREE Wi-Fi 11-11-19 TC Packet Page 21 of 91 21 185G: Small Cells –Really 300 feet? Source:Fiber Broadband Association Technology Committee: -Kevin Wynne, Head of Comsof Americas, Comsof -Joe Jensen, Director, Americas FTTH Market Development, Corning 11-11-19 TC Packet Page 22 of 91 22 19Permit Requests Increasing… •Cities are being flooded with permit requests •Permit applications for fiber optics -Feeding Small Cell Sites •Typical ~10 Blocks = 20 Towers •Each of 4 providers •Aspen’s terrain could require and extensive antenna system Top 10 Things the Wireless Industry Doesn’t Tell You about Small Cells April 11, 2017 By Ken Schmidt, Omar Masry, and Rick Edwards Micro Trenching (?) 11-11-19 TC Packet Page 23 of 91 23 20Boring Vs Micro-trenching Patched & sealedThin Groove…Sawing… Open Trench… High Value: $100,000 -$300,000 per mile Low conduit cost: $2,000 -$4,000 per mile… 11-11-19 TC Packet Page 24 of 91 24 21Imagine Your 5G Future via Small Cells – Courtesy –City of Centennial 11-11-19 TC Packet Page 25 of 91 25 22 “Lightly Regulated” Neighborhood Communications Equipment Aesthetic Controls… 11-11-19 TC Packet Page 26 of 91 26 23Ultra-Low Cost Conduit: Case Study Public Works Initiative Begins: 2010 -City pays CDOT to upgrade Arapahoe Rd. Arapahoe Road Centennial Initiates Fiber Friendly Program 11-11-19 TC Packet Page 27 of 91 27 24Centennial Fiber Optic Map –4 years later 2015 CONDUIT AND FIBER COMMUNICATIONS SYSTEM RESULT: the network is now within ½ mile of more than 21,000 households and 3,250 businesses •From 3 miles to 60+ miles •Conduit cost ~ $600,000 (Only -$2/foot) •Conduit value ~ $10,000,000 –20,000,000+ •Created a ubiquitous “Fiber to the Node” –FTTN -Network 90+% of the cost can be in the pipe, not the fiber 11-11-19 TC Packet Page 28 of 91 28 25How Centennial did it… Results: Fewer street cutting permits Reduced potholes Less Construction and Traffic Congestion Sharing of infrastructure –“P3’s” Private Sector Investment –very robust Incumbents continue to improve service MINIMAL CITY COST Pro-Fiber Policies •Public-Private/Partnerships •Joint-Build •Piggyback •Dig-once policies •Reduced open trenching •Co-locations •Incentives, fee reductions, individual agreements •US DOT/CDOT grants 11-11-19 TC Packet Page 29 of 91 29 26Breckenridge Fiber 9600 90+% of the cost can be in the pipe, not the fiber 11-11-19 TC Packet Page 30 of 91 30 27New Tactic: “Speculative Conduit” (Only 2 strands needed per antenna) Carriers installing multiple conduits in public rights-of-way as revenue source Policy Question: Allow only one? Share the expense/revenue? City ownership? -or – Encourage entrepreneurs? 11-11-19 TC Packet Page 31 of 91 31 28Develop New Co-Location Policies •City can create highly valuable, “fungible” infrastructure via: •Minimal investments •Modest involvement •Updating policies •Public/Private partnerships •“Broadband currency” 11-11-19 TC Packet Page 32 of 91 32 29Health Concerns: Science is undecided… The fear is real. 11-11-19 TC Packet Page 33 of 91 33 Health Concerns: Electromagnetic Radiation Radiation is broken down into two types: non-ionizing and ionizing. Ionizing radiation contains enough energy to strip electrons from atoms and molecules within tissue and alter chemical reactions in the body, causing radiation burns and/or long term, mutations which can result in cancer. Non-ionizing radiation is typically considered safe. It causes some heating effect at low power levels usually not enough to cause any type of long-term damage to tissue. Cell phones emit this type of radiation. Source: “How Cell-phone Radiation Works -Potential Health Risks”. https://electronics.howstuffworks.com/cell-phone-radiation2.htm 5G:(1010-1012GHz)11-11-19 TC Packet Page 34 of 91 34 Health Concerns: Electromagnetic Radiation Radio waves can be transmitted “omni directional” or Focused in a “beam” Combined - 1.Power levels 2.Frequency 3.Distance Are often thought to be the most important factors when considering long term and short term health effects 11-11-19 TC Packet Page 35 of 91 35 32NIER Reporting / Context Sensitive Compliance 11-11-19 TC Packet Page 36 of 91 36 33 Proposed: Microwave Transmitting 700 WATTS “RF” Review… 11-11-19 TC Packet Page 37 of 91 37 Context Sensitive Compliance NIER Reporting 11-11-19 TC Packet Page 38 of 91 38 35“5G IS AN ABSOLUTE MESS””Miami Dade County Commissioner, Miami Herald Sept 2019 11-11-19 TC Packet Page 39 of 91 39 36 11-11-19 TC Packet Page 40 of 91 40 37What Federal Laws? •On September 26 2018, the Federal Communications Commission voted to approve a declaratory ruling and report and order that would enact preemptions of local authority over small cell wireless facility deployment and management of local rights-of-way •The order: •Shortens the time cities must process applications for small cells •Limits application fees for small cells and recurring fees •Prohibits cities from assessing fees that include anything other than a “reasonable approximation” of “reasonable costs” •Limits aesthetic review and requirements •You can’t say no Source: “Five Takeaways for Cities from the FCC’s Small Cell Preemption Order”, News Release, https://citiesspeak.org/2018/09/26/five-takeaways-for-cities-from-the-fccs-small-cell-preemption-order/ 11-11-19 TC Packet Page 41 of 91 41 38Not so fast… Court challenges to New FCC ‘Shot Clock’ Rules Local governments & Industry: court challenges arguing : Cities: FCC’s action exceeds their authority Telecoms: FCC doesn’t go far enough •Court ruling –FCC Order does NOT supercede: Historic Areas NEPA •Verizon -Clark County ~ $3,000-$6,000 100/square mile = $300,000 / carrier / year / square mile Typical 12 Sq. Mi. City / 4 Carriers ~$30-$40MM in fees No significant challenges to permit reviews – “…Pass-throughs” One notable Case: City of San Jose, et al v. FCC, et al, Case Number 18-9568 (10th Circuit 2018) 11-11-19 TC Packet Page 42 of 91 42 39Next Steps –Small Cell Policies Develop a Draft Policy and Design Guidelines for small cells Until then: Direct staff to review small cell permit applications with the Planning Commission Do not issue right-of-way work permits without planning commission approval With permits/plans and planning commission approval, Public Works shall issue permits per “Shot clock” timeframes Direct staff to review any right-of-way work permit applications that do not service a small cell as speculative work Request staff return City Council with: Strategy to implement a permit process for small cells to comply with Federal and State requirements (including specific design standards for small site sites) A master lease agreement for locating equipment on Town-owned infrastructure Develop a Broadband Master Plan that will provide deliverables such as: Formalized guidelines for processing small cell permits Review both long and short term wireless broadband and infrastructure needs 11-11-19 TC Packet Page 43 of 91 43 GOVERNMENTAL SERVICES New Technologies, Challenges and Opportunities in Snowmass Village Questions??? 11-11-19 TC Packet Page 44 of 91 44 Small Cell Infrastructure Design Guidelines Adopted April 12, 2019 Page 1 of 1 NOTICE OF APPROVAL SMALL CELL INFRASTRUCTURE DESIGN GUIDELINES AUTHORITY: Pursuant to Ordinance No. 5, Series of 2019 – 26.505.080 j.5. the City of Aspen Community Development Director has adopted the below additional Small Cell Infrastructure Guidelines, effective on April 12, 2019. These are in addition to all applicable requirements outlined in Title 21 – Streets, Sidewalks and Other Public Places, Title 26 – Land Use Code, and Title 29 – Engineering Design Standards. SMALL CELL INFRASTRUCTURE DESIGN GUIDELINES: • All small cell equipment and appurtenances shall be housed internally with regard to the pole or alternative tower structure which hosts the small cell antennas. • Electric metering structures and/or meters shall not be visible from the exterior of the pole or alternative tower structure which hosts the small cell antennas where the pole or alternative tower structure is located in City right-of-way. This requirement may be wholly or partially waived by the Director of Utilities where it is technically infeasible to place all or part of a meter internally. • All heights are as outlined in Ordinance 5, Series of 2019, City of Aspen Municipal Code Title 26, Chapter 505. • Concealment of all small cell equipment and appurtenances shall be required, pursuant to Ordinance 5, Series of 2019. • Any stand-alone small cell facility shall not block windows or any building entrances. To the extent possible, poles shall be located at mid-blocks, away from intersections. All poles shall be located so as to ensure proper sight-triangles. • The pole design in the City right-of-way shall match the color, aesthetics, spacing, and architectural characteristics of existing streetlights installed adjacent to the pole. • Banner arms and luminaries are prohibited. A waiver of this prohibition may be granted upon a showing that an alternative design is technically infeasible. • Wireless communications facilities and equipment should not be installed within the dripline of any tree. • Pole caissons should be circular in nature and designed to minimize impact of adjacent and future utilities. Concrete must follow the latest Colorado Department of Transportation (CDOT) Road & Bridge Specification for applicable mix design. All designs must be stamped and signed by a registered Professional Engineer in the State of Colorado. • The City of Aspen encourages location outside of designated Historic Districts, and on non-historically designated properties. _________________________________________________________ ______________________________ APPROVED DATE 11-11-19 TC Packet Page 45 of 91 45 DRAFT 2019 -2020 Agenda Items • Regular Meetings begin at 4:00 p.m. unless otherwise noted • Work Sessions begin at 4:00 p.m. and aim to end at 6:00 p.m. • The dates on which agenda items are listed are only a best approximation. Agenda items are added to this list as they arise. Agenda items may well be moved to different meeting dates. Agendas are generally not finalized until the Thursday prior to the meeting. • In addition to agenda items, this document also lists expected absences of Town Council members. In compliance with section 2-49 of the municipal code, once the consent agenda is approved, the absences noted will be considered to have received the prior approval necessary of the majority of the Council for members to be absent from meetings. 2019 Meetings Mon. Nov. 11th (Shenk out) Special meeting/Joint mtg/w Planning Commission • Small Cell Towers / 5G Infrastructure in the Right of Way Presentation with Planning Commission • Discussion regarding Town Park design goals and criteria • Continued Discussion on Proposed changes to housing regulations • Executive Session • 1st reading of the Coffey Place Financing? Mon. Nov. 18th - Regular Meeting (Goode out) • Continued discussion on Mall Transit station • 2nd reading Ord Ban of Flavored Tobacco • 1st reading of the Coffey Place Financing? • SAAB- considering a location for Sorrenson piece and to accept a donation of a sculpture Mon. Dec. 2nd - Regular Meeting (3:00 p.m. Site Visit – Snowmass Center) • Continued P.H. Snowmass Center? • Owl/Brush Creek Intersection Discussion • 1st reading Ord Wildfire mitigation ordinance proposal • Reso setting TC 2020 Meeting dates • 2nd reading ordinance approving Coffey Place financing? • Executive Session Mon. Dec. 9th – Regular GID Meeting • GID – Reso Setting Mill Levy Mon. Dec. 9th - Special Meeting • TC – Reso Setting Mill Levy • Initial discussion regarding Fanny Hill Stage location Mon. Dec. 16th - Regular Meeting (Madsen, Sirkus out) • Reso -Timberline AT&T cell project • SAAB- consideration accepting new art and installing one permanent and one temporary piece • 2nd Reading Ord Wildfire mitigation ordinance proposal 11-11-19 TC Packet Page 46 of 91 46 DRAFT 2019 -2020 Agenda Items 2020 Draft Agenda’s - Not yet approved by the Town Council Mon. Jan 6th – Regular Meeting • Mon. Jan 13th – Work Session • Tue. Jan 21st – Regular Meeting • Mon. Feb 3rd – Regular Meeting • Mon. Feb 10th – Work Session • Tue. Feb 18th - Regular Meeting • Mon. Mar 2nd – Regular Meeting • Mon. Mar 9th – Work Session • Mon. Mar 16th – Regular Meeting • Mon. Feb 10th – Work Session • Mon. Apr 6th – Regular Meeting • Mon. Apr 13th – Work Session • Mon. Apr 20th – Regular Meeting • Mon. May 4th – Regular Meeting • Mon. May 11th – Work Session • Mon. May 18th – Regular Meeting • Mon. Jun 1st – Regular Meeting • Mon. Jun 8th – Work Session • Mon. Jun 15th – Regular Meeting • Mon. Jul 6th – Regular Meeting • Mon. Jul 13th – Work Session • Mon. Jul 20th – Regular Meeting • Mon. Aug 3rd – Regular Meeting • Mon. Aug 10th – Work Session • 11-11-19 TC Packet Page 47 of 91 47 DRAFT 2019 -2020 Agenda Items Mon. Aug 17th – Regular Meeting • Tue. Sep. 8th – Regular Meeting • Mon. Sep.14th – Work Session • Mon. Sep. 21st – Regular Meeting • Mon. Oct. 5th – Regular Meeting • Mon. Oct. 12th – Work Session • Mon. Oct. 19th – Regular Meeting • Mon. Oct. 19th – Regular Meeting • Mon. Nov. 2nd – Regular Meeting • Mon. Nov. 9th – Work Session • Mon. Nov. 16th– Regular Meeting • Mon. Dec. 7th – Regular Meeting • Mon. Dec. 14th – Special Meeting • Mon. Dec 21st – Regular Meeting • Topics for Work Sessions or Other Meetings Requested by Town Council Members • Explore the potential of having or creating a not-for-profit to support the arts community in addition the SAAB • Senior Housing Discussion • Broad discussion regarding dogs on trails and leash law enforcement • Review the outdoor smoking ordinance to consider modifications • Update on Daly Town Home regarding retaining wall • How did they do that? • Environmental Discussions/ Approaches: 1) Meet with EAB and prioritize Sustainability goals 2) update on Solar and Renewable Energy for the Town of Snowmass Village 3) Discuss the Climate Reality Project 4) overview of the Re-Op Fund, its uses and successes. 5) a presentation of the Energy Navigator from the EAB/PW 6) discussion regarding how to move energy conservation efforts beyond town government to a community wide effort enabling individuals to help make progress 7) Update Council on solar project that was included in 2019 budget with findings from FAB, etc 11-11-19 TC Packet Page 48 of 91 48 DRAFT 2019 -2020 Agenda Items • Housing strategy: 1) discuss a potential regional approach to aging in place/ work with Pitkin county and county senior services- 2) find ways to encourage/ allow individuals to move from larger homes to smaller homes 3) meeting other needs- such as specific housing for town employees 4) update on current housing construction project 5) update on meeting the overall housing strategy • Action on Necessary IGA’s or other documents regarding “school property tax” distribution • A discussion on potentially allowing camping (RV or other) within the Village • Schedule Updates will all of the Town Boards to review priorities and current initiatives o EAB o FAB o PTRAB o POSTR o Marketing o Grants – Recent Awards; Review of Criteria; Purpose, etc. o SAAB o Planning • RFTA Strategic Priorities Update w. New Mill Levy 11-11-19 TC Packet Page 49 of 91 49 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: November 11, 2019 AGENDA ITEM: Discussion regarding Town Park design goals and criteria PRESENTED BY: Andy Worline, Parks, Recreation & Trails Director BACKGROUND: On April 15, 2019 the Town Council adopted a goal to complete a master plan for Town Park improvements. With this direction, Town staff hired landscape architecture firm Connect 1 to help develop the plan. The overarching goal of this planning process was to work with a qualified consultant, or team of consultants, to facilitate and create conceptual design plans for the Snowmass Village’s Town Park/Entryway Completion. The design firm has encompassed the years of community input and feedback to plan and efficiently utilize the current used and unused space at Town Park to create a beautiful, engaging destination that offers fun for all ages on property already owned by the Town of Snowmass Village. The Town Park/Entryway Completion remains in the conceptual design stage. Through a number of stakeholder and POSTR Board meetings, two design options have risen to the top and are the most supported. The two design options are: Options #3 (largely status quo) and Options #5 (hybrid). This discussion is intended to provide further opportunity for the Town Council to continue to provide the direction and feedback on these design options. FINANCIAL IMPACT: This Town Park/Entryway Completion plan is expected to provide design documents. The level of service, the types of programs and timing to this capital project identified in the plan will have a significant fiscal impact. The POSTR Plan itself will identify and address direct fiscal impacts and will aim to set policy guidance on how to address these impacts moving forward. 11-11-19 TC Packet Page 50 of 91 50 APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: Town Council Goal Statement (Adopted April 15, 2019) Community Building - A major component of community building is creating more community-oriented spaces and to ensure a high-quality utilization of these spaces by programing them with community focused activities that create vitality. These community places need to be conveniently connected such that “a flow” between them is evident and high levels of vitality can be enjoyed throughout the Village. Town Park is one such community- oriented space that needs to have a master plan designed so that improvements can be set into motion. COUNCIL OPTIONS: Listen to presentation and provide feedback. Provide staff and consultant team direction to continue to narrow focus on conceptual design and to provide and recommend phase approach options for future programming and enhancements based on feedback and feasibility and assist staff/community in prioritization STAFF RECOMMENDATION: It is the recommendation of Town Staff, that the Council- Provide any further feedback on options #3 and #5 and direct staff to work with the POSTR Board to develop a final recommendation of a Master Plan layout, for the Town Council to consider in the near future. ATTACHMENTS: Item 7B Comment Summary – Stakeholder Meeting Notes and Design Options. 11-11-19 TC Packet Page 51 of 91 51 1 Snowmass Town Park Comments Summary for Option 5 10/4/19 1. Community Development o Keep underpass, make sure pedestrian access ramp is worked into design of parking on south side of Brush Creek. Would be nice to emerge in more of a plaza than a parking lot. Should align with access to rodeo. o Show all existing pathways if keeping (to underpass, through wetlands, crosswalk just west of roundabout, etc) o Create clear entry to parking lot at rodeo o Could be worth keeping the row of parallel parking at southern-most edge of main parking lot. Seems to be working. o Drop-off/temp parking at mega field? o Add median/islands to ends of parking rows to define aisles o Could add circular, temp parking/drop off at “pond parking”. Big enough for a bus or two. 2. Parks and Rec & Department Heads o Like the added roundabout arm o Softball field becoming parking lot, may not be received well but good to have parking near town park station 11-11-19 TC Packet Page 52 of 91 52 2 o Would like rodeo to be more visible, instead of up against the berm, closer to the intersection – Julie Ann (Comm Dev) o Rodeo to parallel the road - setting sun and rodeo stands not good o Desire to have a third parking entrance close to bus station o Option 5 provides more options 3. Rodeo o Locate rodeo more central so that you can circulate all around and park o Bathrooms o Stock pens and out buildings o Parking o Likes option 5 4. POSTR o Happy to see progress and supports the completion of Town Park o Excited to be a part of the POSTR objectives detailed in this plan o Likes option 5 5. JAS o Interested in gaining more space o Will work to layout event options in Option 5’s CAD o Unsure of the layout if moved from current site 6. Council o Don’t make a sea of parking o Consider a parking garage option 7. Snowmass Club o Glad to be a part of the process o Would like to see other amenities at the rodeo such as bathroom and water (If the rodeo is relocated. o This would create a nice entryway to the Town. o Option 5 8. Snowmass Rotary o Don’t make the wine venue smaller than it is right now. o Will there be artificial turf? 9. Marketing Board o Events and programming would be enhanced o Interested in supporting JAS and a site that will keep them here 10. Nordic Center (Information sent) o Practice loop – Town can provide practice loop new site 11-11-19 TC Packet Page 53 of 91 53 Snowmass Town Park Preliminary OptionsAugust 27, 2019 l OPTION 1 Pros: • The majority of existing program elements stay where they are • Two entrances/exits • Additional paved parking near transit stop • Improved entrance aesthetic • Staff Parking +12 paved spaces • Less ADA user conflict during JAS and other events • JAS can get larger with a possible 2 stage set-up Cons: • No extra-large continuous field space • Outfitter access to trails is longer/more difficult FIELD SPACE SUMMARY • 1 Softball (slow-pitch) • 1 Softball (slow-pitch, overlaid on U-18 soccer) • 1 U-18 Soccer • 1 U-10 Soccer • TOTAL AREA of field space (including extended field around turf fields): 201,500 SF (approx. equal to existing) PARKING SUMMARY • ~585 paved parking spaces N 0’ 100’ 200’ 11-11-19 TC Packet Page 54 of 91 54 Snowmass Town Park Preliminary OptionsAugust 27, 2019 l OPTION 2 Pros: • The majority of existing program elements stay where they are • Two entrances/exits • Rodeo space is created as a separate space from the park, and does not infringe on park programs • Additional field area can be separate from events Cons: • Reduced size of truck staging at Checkpoint Charlie • Infringes on wetlands • Longer walk to rodeo for some attendees and competitors • Entry to park and to Snowmass is lined with lots of parking FIELD SPACE SUMMARY • 1 Softball (slow-pitch) • 1 Softball (slow-pitch, overlaid on U-18 soccer) • 1 U-18 Soccer • 2 U-10 Soccer • TOTAL AREA of field space (including extended field around turf fields): 315,00SF (~113,500 SF more than existing) PARKING SUMMARY • ~475 paved parking spaces N 0’ 100’ 200’ 11-11-19 TC Packet Page 55 of 91 55 Snowmass Town Park Preliminary OptionsAugust 27, 2019 l OPTION 3 Pros: • Most affordable/feasible option • Great circulation for rodeo competitors • Two entrances and exits Cons: • Includes the least parking of all options • Includes the least additional turf of all options • Entry to park and to Snowmass is lined with lots of park- ing • Doesn’t solve conflict between day users and most events • Continues to leave the “unactivated” space of the rodeo in the middle of the park. FIELD SPACE SUMMARY • 1 Softball (slow-pitch) • 1 Softball (slow-pitch, overlaid on U-18 soccer) • 1 U-18 Soccer • 1 U-10 Soccer • TOTAL AREA of field space (including extended field around turf fields): 280,00SF (~78,500 SF more than existing) PARKING SUMMARY • ~475 paved parking spaces N 0’ 100’ 200’ 11-11-19 TC Packet Page 56 of 91 56 Snowmass Town Park Preliminary OptionsAugust 27, 2019 l OPTION 4 Pros: • Additional paved parking near transit stop • Large area of continuous turf for flexible programming • Significant amount of parking • Improved entrance aesthetic • Contained small events area in the former softball field. Cons: • Rodeo competitor parking is not adjacent to stock pens • Only one entrance and exit • Rodeo may compromise the view from the rec center/ pool PROPOSED FIELD SPACE SUMMARY • 1 Softball (slow-pitch) • 2 U-18 Soccer • Space for larger soccer (overlaid on soccer/softball) • TOTAL AREA of field space (including extended field around turf fields): 272,500SF (~71,500 SF more than existing) PARKING SUMMARY • ~625 paved parking spaces N 0’ 100’ 200’ 11-11-19 TC Packet Page 57 of 91 57 Snowmass Town Park Preliminary OptionsAugust 27, 2019 l HYBRID OPTION Pros: • Two entrances/exits • Additional paved parking near transit stop • Improved entrance aesthetic • Staff Parking +12 paved spaces • JAS can get larger with a possible 2 stage set-up • Large area of continuous turf for flexible programming • Significant amount of parking Cons: • More difficult access to trails for outfitter PROPOSED FIELD SPACE SUMMARY • 2 Softball (Slow-Pitch. One dedicated, one overlayed on a soccer field) • 3 U-18 Soccer (2 dedicated, one overlaied on a soccer field.) • Space for larger soccer (overlaid on soccer/softball) • TOTAL AREA of field space (including extended field around turf fields): 281,500SF (~80,000 SF more than existing) PARKING SUMMARY • ~520 paved parking spaces THIS OPTION IS A HYBRID OF OPTIONS 1 AND 4 N 0’ 100’ 200’ 11-11-19 TC Packet Page 58 of 91 58 August 27, 2019 l EVENT OVERLAYS EXISTING JAS SPACE SUMMARY • TOTAL AREA= ~472,500 SF PROPOSED JAS SPACE SUMMARY • TOTAL AREA= ~390,000 SF EXISTING JAS SPACE SUMMARY • TOTAL AREA= ~472,500 SF PROPOSED JAS SPACE SUMMARY • TOTAL AREA= ~472,500 SF Dashed line indicates existing JAS layout Dashed line indicates existing JAS layout Dashed line indicates existing JAS layout POSSIBLE JAS LAYOUTPOSSIBLE JAS LAYOUT OPTION 3 OPTION 4 EXISTING JAS SPACE SUMMARY • TOTAL AREA= ~472,500 SF PROPOSED JAS SPACE SUMMARY • TOTAL AREA= ~630,500 SF POSSIBLE JAS LAYOUT HYBRID OPTION OPTION 1 OPTION 2 Dashed line indicates existing JAS layout Dashed line indicates existing JAS layout POSSIBLE JAS LAYOUT EXISTING JAS SPACE SUMMARY • TOTAL AREA= ~472,500 SF PROPOSED JAS SPACE SUMMARY • TOTAL AREA= ~472,500 SF EXISTING JAS SPACE SUMMARY • TOTAL AREA= ~472,500 SF PROPOSED JAS SPACE SUMMARY • TOTAL AREA= ~630,500 SF POSSIBLE JAS LAYOUT 11-11-19 TC Packet Page 59 of 91 59 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: November 11, 2019 AGENDA ITEM: Proposed Modifications to the Permanent Moderate Housing Regulations – Second Draft PRESENTED BY: Betsy Crum, Housing Director BACKGROUND: The Town Council, in its 2019 Strategic Goal setting, established a specific goal under “Affordable Workforce and Senior Housing” to update the Permanent Moderate Housing Regulations. These Regulations govern all matters related to our deed-restricted housing portfolio, which currently includes some 175 housing units in condominiums, townhouses and single-family homes. These Regulations will also apply to the upcoming Coffey Place Housing development, making review and modification timely. The existing Regulations were last revised and updated in 2011. There have also been annual changes made to the Income and Asset Limits section to reflect the changes in the Consumer Price Index (CPI), but no other changes since that time. Please note that I am recommending only updates to the Regulations; no changes to the Code are proposed or necessary. The attached redlined and “clean” copy versions are the second draft, updated from the version presented in October to include: • Clarifications and corrections of typographical errors; • 17.2.4.1 - Percentage of units available for downsizing in new construction is 25% unless otherwise established by the Town Council; • 17.4.3.2 – In the case of existing qualified improvements, evidence and documentation must be submitted within six months of adoption of the Regulations. 11-11-19 TC Packet Page 60 of 91 60 As a reminder, the primary changes already discussed and still incorporated into this draft include: • Consistency with Chapter 17 of the Municipal Code; • Formatting; • Purpose Statement (17.1): We have inserted a Purpose/mission statement in the first paragraph that mirrors the recently-adopted Comprehensive Plan strategic initiative. • Qualified Employment/Employers – Home Occupations (17.2.4.1): This change is proposed to codify some of the practice we have adopted to ensure that both the business and the individual are benefitting the Town of Snowmass Village through their work; • Downsizing from one Permanent Moderate Housing Unit to another (17.2.4.1 and 17.2.4.2): The current Regulations create a barrier for long-time owners of a deed restricted property to downsize to a smaller home by placing an asset limit that, at least in some cases, is lower than the equity they have in their homes. We are proposing that, for owners who wish to downsize from a larger deed- restricted home to a smaller one, the value of the equity in their current home be excluded from the asset calculation. Further and to incentivize this movement, we recommend that such moves be given a high priority in the Lottery system, second only to in-complex transfers. • Timing for Approved Improvements (17.4.3.2): We are proposing that eligible improvements must be turned in within 6 months of completion in order to be counted in the value of the home. • Coffey Place Resale Calculation (17.4.3.6): This new section will govern the resale calculation for Coffey Place. • Change in Ownership (17.5.3): This new section addresses the need to ensure that the Housing Office in aware of additions or deletions to the deed (most often through marriage or divorce). The Council also deferred conversation about Section 17.7, which addresses transfer of property. The Code and Regulations permit a “one-time transfer by operation of law, by will or inheritance to a surviving spouse of an owner.” We do not permit property to transfer to surviving children or heirs other than a spouse. We looked at several other deed-restricted programs, and the approach is somewhat mixed. APCHA does permit transfer to children, provided they meet the qualifications (full-time employment, year- round residency, etc.). Eagle County allows transfer provided the new owner becomes compliant within 90 days. Vail does not permit any transfers except in their RO-type housing, which is not highly subsidized or price-restricted. Telluride and Breckinridge’s regulations are silent to this. We are not recommending a change to this requirement at this time. 11-11-19 TC Packet Page 61 of 91 61 FINANCIAL IMPACT: There is no direct financial impact to the Town of Snowmass Village. The proposed changes will, however, change the financial requirements of the Permanent Moderate Housing Program to: 1) remove one of the financial barriers for people looking to downsize from one deed-restricted housing unit to another; and 2) better match the maximum income and asset limits to the purchase price of deed restricted homes. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: The Town Council adopted goals that include supporting a viable workforce and our commitment to workforce housing by exploring opportunities that best balance the character and resources of the Town. Specifically, the Council commits to a near-term strategy that will update housing regulations, actively identify opportunities and partners to address senior housing needs and incentivize the creation of an additional 200 units. The Housing Department continues to actively pursue the long-standing goal of housing our full-time workforce households that want to live in the community, including making the deed restricted housing offered through the Permanent Moderate Housing Program more accessible. The proposed modifications will clarify some of the “gray areas” of the regulations, provide updated income and asset limits that better reflect the range and breadth of deed-restricted housing opportunities, and remove one of the significant barriers to households seeking to downsize from one deed-restricted housing unit to a smaller home. This last change will also provide opportunities for seniors to remain in the community by allowing them to live in smaller, less expensive and more easily- maintained housing in the Village. COUNCIL OPTIONS: 1. Adopt the proposed modifications to the Permanent Moderate Housing Regulations as presented; 2. Modify the proposed changes to the Permanent Moderate Housing Regulations, and adopt the modified version; 3. Leave the Permanent Moderate Housing Regulations unchanged. STAFF RECOMMENDATION: Staff recommends that the Council adopt the proposed modifications. ATTACHMENTS: 7.A.A Redline Proposed Permanent Moderate Housing Regulations 7.A.B. Clean (no redline) Proposed Permanent Moderate Housing Regulations 11-11-19 TC Packet Page 62 of 91 62 Page 1 of 18 Permanent Moderate Housing Regulations 17.1 Purpose. 17.2 Application Procedure. 17.3 Qualified Applicants.Definitions 17.4 Resale Procedure. 17.5 Lottery Procedure.Mandatory Resale 17.6 Contract and Sale Procedure.Rental 17.7 Housing Unit Rental.Exempt Transactions 17.8 Biennial Requalification.Release of Restrictions 17.9 Appeal.Remedies of the Town 17.10 No Guaranty or Warranty Disclosure 17.1 Purpose. It is the goal of the Town of Snowmass Village to support a viable workforce and to continue a commitment to workforce housing opportunities that best balance the character and resources of the Town. provide a variety of housing options in balance with the character and resources of the Town, in order to 1) accommodate the housing needs of a diverse workforce that participates in the local economy; and 2) build a vibrant, diverse and sustainable community. These rules and regulations effectuate the provisions of Chapter 17, Article I of the M unicipal Code and shall be enforceable as if enacted as a part thereof. 17.2 Application Procedure. The Permanent Moderate Housing Regulations apply to the use, occupancy and sale of the following developments: Capitaol Peak Condominiums, Coffey Place (when completed), Country Club Townhomes, Creekside Condominiums, Crossings at Horse Ranch, Daly Permanent Moderate Housing Townhomes, Mountain View Permanent Moderate Housing Condominiums, all phases of Rodeo Place, and Sinclair Meadows, and all other Permanent Moderate Housing developments recognized by the Snowmass Village Town Council . 17.2.1 Application Procedure. On forms specified by the Housing Manager, an applicant shall provide information concerning employment, income, net worth, unit size, dependants and such other information deemed reasonably necessary to determine whether the applicant can be deemed a qualified applicant. All information provided by an applicant shall be considered confidential for use by the Housing Manager. Formatted: Right: 1", Top: 1", Bottom: 1", Width: 8.5" Formatted: Indent: Left: 0", First line: 0" 11-11-19 TC Packet Page 63 of 94 63 Page 2 of 18 17.2.2 Procedures. Applications are available at the Housing Department office. Completed applications must be submitted with an application fee of Twenty Dollars ($20.00). An application is active for twelve (12) consecutive months. To apply for another housing unit, only a Confirmation Affidavit should shall be completed, with updated information, and a reapplication fee Twenty Dollars ($20.00) shall be paid. Incomplete applications will not be acceptedconsidered. 17.2.3 Verification of Application Information. The Housing Manager will verify all information contained in an application. If the Housing Manager determines that any information or statements in an application is are not true and or accurate, then the applicant may be permanently precluded from applying for the purchase of any housing unit or for the applying to rent any Town apartment. 17.3 2.4 Qualified Applicant. 17.32.1 4.1 Employee Employment Qualifications. To apply for a housing unit an adult employee must have been actively employed by an employer licensed pursuant to Section 4.2 of the Snowmass Village Municipal Code with a principal place of business in the Snowmass Village as defined in Section 17.3 for the minimum of three one (31) year, OR in Pitkin County for a minimum of three (3) yearss. A minimum of one thousand four hundred (1400) hours during a minimum period of eight (8) months per calendar year constitutes a year of active employment. Licensed Snowmass Village home-based businesseshome occupations (as defined in the Town of Snowmass Village Land Use Code Sec. 16A-3-240) are qualified, provided they are located and have a current business licensemeet the definition of an employer in the Town of Snowmass Village and derive a minimum of 80% of income from products, services or other direct benefits to the residents and/or businesses of the Town of Snowmass Village or Pitkin County. Applicants must provide proof of business license, a current Profit and lLoss statement, and a current list of clients, and any other information deemed necessary to verify eligibility, in addition to the other required application documents. 11-11-19 TC Packet Page 64 of 94 64 Page 3 of 18 The following lottery tiers establish the priorities for applicants. All applicants must also meet employment, income, asset and occupancy requirements procedures were approved by the Town of Snowmass Village Town Council on July 27, 2009. After applicants are qualified they will be entered into a lottery tier using the priorities listed below. Lottery Tiers Lottery Priorities 1st In-Complex (meets employment, income, assets and occupancy requirements) 2nd Downsizing from one Permanent Moderate Housing unit to another unit, provided the downsized unit has fewer bedrooms than the current unit. In the case of new construction, no more than 25% of the initial units shall be made available for downsizing unless otherwise established by the Town Council. 2nd3rd Snowmass Village full-time employment with 3 or more years (meets occupancy requirements) 3rd4th Snowmass Village full-time employment with 1 - 3 years12-35 months (meets occupancy requirements) 5th4th Snowmass Village full-time employment with 3 or more years; 2 people may apply for a 3-bedroom unit 65th Snowmass Village full-time employment with 1 - 3 years12-35 months; 2 people may apply for a 3-bedroom unit 76th Pitkin County full-time employment with 3 or more years (meets occupancy requirements) Formatted Table Formatted: Superscript Formatted: Font: (Default) Arial, 9 pt 11-11-19 TC Packet Page 65 of 94 65 Page 4 of 18 17.32.2 4.2. Maximum Income and Net Worth. The purchase price of a housing unit limits the income and net worth of an applicant to a maximum income and net worth. The maximum income and net worth applicable to a specific purchase price is as followsshall be established and made public annually by the Housing Manager.: 2018 Maximum Income and Maximum Net Worth Home Price 2018 CPI 2.18% 2018 CPI 2.18% Home Price 2018 CPI 2.18% 2018 CPI 2.18% Adj. to 2.18 Adj. to 2.18 Adj. to 2.18 Adj. to 2.18 Max. Income Max Networth Max. Income Max NetWorth $ 70,000.00 $83,679.49 $57,009.45 $ 400,000.00 $213,289.51 $325,768.27 $ 80,000.00 $87,607.97 $65,153.65 $ 410,000.00 $217,217.57 $333,912.47 $ 90,000.00 $91,536.46 $73,297.86 $ 420,000.00 $221,145.63 $342,056.68 $ 100,000.00 $95,464.95 $81,442.07 $ 430,000.00 $225,073.70 $350,200.89 $ 110,000.00 $99,392.04 $89,586.27 $ 440,000.00 $229,001.76 $358,345.09 $ 120,000.00 $103,320.53 $97,730.48 $ 450,000.00 $232,929.83 $366,489.30 $ 130,000.00 $107,249.01 $105,874.69 $ 460,000.00 $236,856.49 $374,633.51 $ 140,000.00 $111,177.50 $114,018.89 $ 470,000.00 $238,745.38 $382,777.71 $ 150,000.00 $115,105.99 $122,163.10 $ 480,000.00 $238,745.38 $390,921.92 $ 160,000.00 $119,034.48 $130,307.31 $ 490,000.00 $238,745.38 $399,066.13 $ 170,000.00 $122,962.97 $138,451.51 $ 500,000.00 $238,745.38 $407,210.34 $ 180,000.00 $126,890.06 $146,595.72 $ 510,000.00 $238,745.38 $415,354.54 $ 190,000.00 $130,818.54 $154,739.93 $ 520,000.00 $238,745.38 $423,498.75 $ 200,000.00 $134,747.03 $162,884.13 $ 530,000.00 $238,745.38 $431,642.96 $ 210,000.00 $138,675.52 $171,028.34 $ 540,000.00 $238,745.38 $439,787.16 $ 220,000.00 $142,604.01 $179,172.55 $ 550,000.00 $238,745.38 $447,931.37 $ 230,000.00 $146,532.50 $187,316.75 $ 560,000.00 $238,745.38 $456,075.58 $ 240,000.00 $150,460.99 $195,460.96 $ 570,000.00 $238,745.38 $464,219.78 $ 250,000.00 $154,388.07 $203,605.17 $ 580,000.00 $238,745.38 $472,363.99 $ 260,000.00 $158,316.56 $211,749.37 $ 590,000.00 $238,745.38 $480,508.20 $ 270,000.00 $162,245.05 $219,893.58 $ 600,000.00 $238,745.38 $488,652.40 $ 280,000.00 $166,173.54 $228,037.79 $ 610,000.00 $238,745.38 $496,796.61 $ 290,000.00 $170,102.03 $236,181.99 $ 620,000.00 $238,745.38 $504,940.82 $ 300,000.00 $174,030.52 $244,326.20 $ 630,000.00 $238,745.38 $513,085.02 $ 310,000.00 $177,959.01 $252,470.41 $ 640,000.00 $238,745.38 $521,229.23 $ 320,000.00 $181,886.09 $260,614.61 $ 650,000.00 $238,745.38 $529,373.44 $ 330,000.00 $185,814.58 $268,758.82 $ 660,000.00 $238,745.38 $537,517.64 $ 340,000.00 $189,743.07 $276,903.03 $ 670,000.00 $238,745.38 $545,661.85 $ 350,000.00 $193,671.56 $285,047.23 $ 680,000.00 $238,745.38 $553,806.06 $ 360,000.00 $197,600.05 $293,191.44 $ 690,000.00 $238,745.38 $561,950.26 $ 370,000.00 $201,528.54 $301,335.65 $ 700,000.00 $238,745.38 $570,094.47 $ 380,000.00 $205,457.03 $309,479.85 $0.00 $ 390,000.00 $209,285.79 $317,624.06 $0.00 Formatted Table 11-11-19 TC Packet Page 66 of 94 66 Page 5 of 18 Assets and liabilities are thoseshall be defined as generally accepted accounting standards for individuals, including all business equity for self -employed persons and business owners. Tax deferred retirement funds, college savings funds and contingent liabilities are not included in the asset calculation. In the case of persons who wish to downsize from one Permanent Moderate Housing unit to another unit, the value of the primary home will not be included in the asset calculation, provided the unit downsizing to has fewer bedrooms. Income is calculated by averaging the adjusted gross income shown on the last three (3) filed Federal Income Tax returns. Eighty percent (80%) of the applicant's income must be income earned within Snowmass Village and verifiable by tax return or W -2 form. Income and Net Worth levels for joint applicants will be combined. 1Maximum net worth is sixty percent (60%) of the purchase price. 2Maximum income is limited to an amount not greater $40,000.00 plus an amount that is calculated as the annual amount necessary to amortize eighty percent (80%) of the purchase price over thirty (30) years at seven and o ne-half percent (7.5%) divided by 24% to a maximum of $170,000.00. 17.2.4.33.3 Unit Size and Occupancy Requirements. To maximize the occupancy of housing units an applicant can only apply to purchase a housing unit to accommodate the number of persons that will be residing with the applicant. The number of persons will include a dependant as defined in the Internal Revenue Code, or a minor child who resides on a part time basis of not less than one hundred twenty - one (121) days per calendar year as a result of an order of a court. A first priority applicant can only apply to purchase a housing unit with the number of bedrooms as follows: First Priority Occupancy Table #1 Total Persons 1 bedroom 2 bedrooms 3 bedrooms 4 or more bedrooms 1* X X 2 X X 3 X X 4 X X X 4+ X X *One person is not eligible to purchase a detached single familysingle-family home. Second Priority Occupancy Table #2 11-11-19 TC Packet Page 67 of 94 67 Page 6 of 18 Total Persons 1 bedroom 2 bedrooms 3 bedrooms 4 or more bedrooms 2 X X X After the first priority qualified applicants have been selected the Second Priority Occupancy Table will be used if necessary. This table will only be used for qualified Snowmass Village employee applicants in the 54th and 65th lottery tier from the 17the 17.3.12.4.1 lottery procedures table. Note: All Pitkin County employees in the 6th 7th lottery tier must meet the requirements listed in the First Priority Occupancy Table #1. Second Priority Occupancy Table #2 Total Persons 1 bedroom 2 bedrooms 3 bedrooms 4 or more bedrooms 2 X X X 17.3.42.5 Applicant Super Priorities. Upon qualifying to purchase a housing unit, an applicant may qualify for a further, or “super”, priority that will rise above all other priorities. 17.3.4.12.5.1 Disabled Employee Prioritization. A qualified applicant who personally or who resides with a dependant who has a physical impairment that substantially limits the major life activity of walking and substantially limits the ability of the person to climb stairs as documented in writing by a medical doctor licensed in the State of Colorado shall be deemed the first priority qualified purchaser for the purchase of a disabled housing unit, Daly Permanent Moderate Housing Townhomes Units 5, 8 and 10, without regard to prioritization criteria. In the event that two or more qualified applicants desire to purchase the housing unit, then employment prioritization within the Lottery Tiers in 17.2.4.1 shall be utilized to determine the first priority qualified purch aser. 17.3.4.22.5.2 In Complex Priority. A qualified applicant (meets all employment, income, assets and occupancy requirements) who is an employee owner of greater than one (1) year ofhas owned a housing unit in the project where a housing unit is offered for sale for longer than one (1) year shall be deemed the first priority qualified purchaser for the purchase of the housing unit without regard to other prioritization criteria. In the event that two or more such qualified applicant employee owners desire 11-11-19 TC Packet Page 68 of 94 68 Page 7 of 18 to purchase the housing unit, then employment prioritization within the Lottery Tiers in 17.2.4.1 shall be utilized to determine the first priority qualified purchaser. If more then one applicant is in the same employment tier then a lottery will be held to select the qualified in complex purchaser. (Council approved this revised regulation on August 1, 2011) 17.3 Definitions As used in these regulations, the following words shall be construed to have the meanings defined below: Active employment means a minimum of one thousand four hundred (1400) hours during a minimum period of eight (8) months per calendar year . Disabled Employee Prioritization is available to a qualified applicant who personally has or who residents with a dependent who has a physical impairment that substantially limits the ability of the person to walk and/or climb stair s, as documented in writing by a medical doctor licensed in the State of Co lorado. Disabled housing unit means a housing unit that complies with the accessibility provisions of the Americans with Disabilities Act (ADA) and Chapter 18 of the Town of Snowmass Village Municipal Code. Home occupation means a business that complies with the requirements of Sec. 16A-3-240 of the Town of Snowmass Village Land Use Code. Employee means an adult who is actively employed a minimum of one thousand, four hundred (1400) hours during a minimum period of eight (8) months per calendar yearby a licensed employer, as defined herein.. Employer is business licensed: a. Pursuant to Section 4.2 of the Town of Snowmass Village Municipal Code with a principal place of business in Snowmass Village for a minimum of three (3) years; or b. DoingTo do business in the City of Aspen orwithin Pitkin County, and having a principal place of business within Pitkin County. Housing Manager is the individual designated by the Snowmass Village Town Manager to implement these regulations, or his or her designee. Formatted: Font: Not Bold Formatted: Font: Not Italic Formatted: Font: Italic Formatted: Indent: First line: 0.5" Formatted: Font: Arial Formatted: Font: Times New Roman Formatted: Indent: First line: 0.5" Formatted: Indent: First line: 0.5" Formatted: Font: Not Italic, Underline 11-11-19 TC Packet Page 69 of 94 69 Page 8 of 18 Housing unit means a dwelling unit that is subject to the provisions of these regulations. Maximum resale price means the maximum price for which a housing unit may be sold. The maximum resale price is computed in accordance with the resale price procedures established for each project under section 17.4 of these regulations. Owner means the fee simple owner of a housing unit. Pre-sale inspection means an inspection of the housing unit to confirm that the housing unit has been kept and maintained in a clean and orderly condition, normal wear and tear excepted, in a manner determine d by the Housing Manager. Qualified applicant means all adult applicants who collectively meet the qualifications for purchase of a housing units, as established from time to time by the Housing Manager, and taking into consideration employment, income, net worth, unit size, dependents, and any other criteria established by the Housing Manager, as set forth in 17.2.4 of these regulations . Resale fee means a fee collected upon the filing of a notice of intent to sell a housing unit, as determined by the Housing Manager , as set forth under section 17.4.2. of these regulations. Requalified owner is an owner who, following the initial purchase of a housing unit, meets the qualifiescations for employment, income, net worth and residency established by the Housing Manager , as set forth under this section. Residential dwelling unit means any residential property within the Roaring Fork River drainage situated in Eagle, Pitkin or Garfield Co unties, or within the Colorado River Drainage from and including the unincorporated No Name area to and including the City of Rifle. Unit size means a housing unit intended to be occupied by a minimum or maximum number of occupants as established by the Housing Manager. 17.4 Resale Procedure. 17.4.1 Housing Unit Inspection. As a condition precedent to filing a notice to sell a housing unit, the owner shall obtain an approved pre -sale inspection from an inspector approved by the Housing Manager. Upon successful completion of the inspection, an approved inspection report shall be issued and all cost of such report will be paid by the owner. Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: No underline Formatted: No underline Formatted: Indent: First line: 0.5" Formatted: Font: Arial 11-11-19 TC Packet Page 70 of 94 70 Page 9 of 18 17.4.1.1 Standards. The inspection will disclose the physical condition of the housing unit. The housing unit must meet a minimum standard of maintenance and cleanliness. The approved inspector will grade the housing unit on a standard approved by the Housing Manager. 17.4.1.2 Repairs. If the pre-sale inspection discloses deficiencies, then the owner shall correct all deficiencies. The housing unit shall be reinspected to confirm that all such deficiencies have been properly corrected. 17.4.2 Notice to sell. After receipt of the approved inspection report and the notice of intent to sell, the Housing Mana ger shall calculate the maximum resale price. The Housing Manager shall then collect a resale fee equal to one percent (1%) of the maximum resale price of a condominium housing unit to a maximum of One Thousand Dollars ($1,000.00), and one-half of one percent (.5%) of the maximum resale price of a house to a maximum of One Thousand Five Hundred Dollars ($1,500.00). Upon good cause shown, the Housing Manager may authorize alternate arrangements for the payment of the resale fee. 17.4.3 Maximum resale price calculation. The Housing Manager shall calculate the maximum resale price based upon the date the owner acquired the housing unit and upon the owner's purchase price, as further outlined below. 17.4.3.1 Energy Efficiency & Water Conservation Capital Improvements. An energy efficiency and water conservation capital improvements allowance of up to 10% of the current resale price will be established for each new owner of a single familysingle-family home or a condominium unit. Only improvements that clearly demonstrate energy efficiency and water conservation will be considered for this allowance. The utilization of sustainable green building materials may also be included in the 10% improvement allowance. All capital improvements will be depreciated on the depreciation schedule from the Marshall Swift Residential Handbook. This improvement allowance does not include the replacement or maintenance of existing fixtures , appliances, decorative items, or improvements necessary t o maintain existing fixtures from the original construction. Only new replacement items which are recognized to provide a substantial amount of energy or water conservation greater then the original construction will be considered. An owner shall submit a complete improvement cost proposal listing the improvement items and documentation identifying the energy savings or water conservation benefits to the Housing Director prior to beginning the improvement work. The director will then make a determination if the requested improvements may be added to the resale price. After receiving Housing Director approval, to substantiate the Energy and Water Conservation Capital Improvement allowance amount, an owner shall provide the Housing Director an affidavit of owner setting forth the amounts expended for improvements with receipts to show actual expenses attached thereto, and the certificate of completion issued by the Building Official for the improvements, if required. 11-11-19 TC Packet Page 71 of 94 71 Page 10 of 18 If a certificate of completion is not required, then a written statement from the Building Official identifying that the improvements installed did not require a building permit or a certificate of completion. Energy and Water Conservation Capital Improvements that have not received preapproval from the Housing Director will not be considered for inclusion upon resale of the unit. (Council approved this regulation on April 22, 2013) 17.4.3.2 Improvements. Improvements may be included in the resale calculation only if approved by the Housing Manager and to the extent specified in these regulations. Evidence of cost of eligible improvements and corresponding documentation from the Building Official must be submitted within six (6) months of issuance of a certificate of occupancy or other approval to be considered. In the case of existing housing improvements, evidence and documentation shall be submitted within six (6) months of adoption of these Regulations. 17.4.3.2 3 Condominium Housing Units Acquired before July 22, 1991. For housing units located in the Creekside Condominiums and Country Club Townhomes that have been continuously owned by the same owner on and after July 22, 1991, the maximum resale price is computed as follows: a) a. the purchase price paid by the owner, plus an amount equal to: 1. 1. The purchase price paid by the owner; • 2. Multiplied by the consumer price index, all items, urban wage earners and clerical workers (revised) published by the United States Department of Labor, Bureau of Labor Statistics, commonly known as the CPI-W, last published prior to the date of notice of intent to sell; • 3. Divided by the CPI-W last published prior to the time of purchase by owner; • b. plus, the depreciated cost of improvements to the condominium unit which have been paid for by the owner and approved by the Town Council. • c. plus, the depreciated value of TOSV approved energy efficient or water conservation capital improvements installed and paid by the owner not to exceed 10% of the current resale price, Formatted: Font: Arial Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Font: Arial Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Font: Arial Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 1" + Indent at: 1.25" Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 1" + Indent at: 1.25" Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 1" + Indent at: 1.25" 11-11-19 TC Packet Page 72 of 94 72 Page 11 of 18 . • d. plus, the actual cost of capital improvements performed by the condominium association of the project in which the housing unit is located, paid for by the owner from the time of installation of the capital improvement to the date of resale approved by the Town, not to exceed ten percent (10%) of the current resale price. 17.4.3.3 4 Condominium Housing Units Acquired after July 22, 1991. The maximum resale price shall be computed as the lesser of: a) a. the original price plus a three-percent annual increase in the purchase price, prorated from the date of the original purchase, or b) b. the purchase price paid by the owner, plus an amount equal to: 1. 1. The purchase price of the current owner; • 2. Multiplied by the consumer price index, all items, urban wage earners and clerical workers (revised) published by the United States Department of Labor, Bureau of Labor Statistics, commonly known as the CPI-W, last published prior to the date of notice of intent to sell; • 3. Divided by the CPI-W last published prior to the time of purchase by owner plus, • The depreciated value of TOSV approved energy efficient or water conservation capital improvements installed and paid by the owner not to exceed 10% of the current resale price, • plus, the depreciated cost of capital improvements performed by the condominium association of the project in which the housing unit is located, paid for by the owner from the time of installation of the capital improvement to the date of resale approved by the Town, not to exceed ten percent (10%) of the current resale price. 17.4.3.54 Crossings Housing Units. The maximum resale price shall be computed as the lesser of: a) a. the base price as maintained in the records of the Housing Manager, plus the cost of the finishing of the basement from the date of Formatted: Indent: Left: 0", First line: 0" Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 1" + Indent at: 1.25" Formatted: Font: Arial Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Font: Arial Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Font: Arial Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 1" + Indent at: 1.25" Formatted: Font: Arial Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 1" + Indent at: 1.25" Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 1" + Indent at: 1.25" Formatted: Font: Arial Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" 11-11-19 TC Packet Page 73 of 94 73 Page 12 of 18 completion in accordance with the description of the basement option not to exceed the cost of a standard basement option, p lus a three-percent annual increase, or b) b. the purchase price paid by the owner, minus the cost of any house option which is installed after the issuance of the original certificate of occupancy plus the cost of the deck option, if it was subtracted fro m the calculation of the house base price, plus an amount equal to: 1. 1. The purchase price of the current owner; • 2. Multiplied by the consumer price index, all items, urban wage earners and clerical workers (revised) published by the United States Department of Labor, Bureau of Labor Statistics, commonly known as the CPI-W, last published prior to the date of notice of intent to sell; • 3. Divided by the CPI-W last published prior to the time of purchase by owner; • plus, The cost of any house option, as approved by the Town Council as an option to the basic house design (as set forth in Exhibit "A" to the Horse Ranch Employee Housing Development Agreement entered into by and between the Town and Foresite Capital Facilities Corporation on April 22, 1994) • plus, automatic sprinkler system, gutter and downspout, permanent landscaping and heat tapes) which was installed after the issuance of the original certificate of occupancy • plus the cost of the deck option, if it was subtracted from the calculation of the house base price. From the issuance of the original certificate of occupancy for the housing unit, the maximum amount shall be limited to ten percent (10%) of the house base price which shall escalate as follows: • 1. To five (5) years, five percent (5%) of the house base price; • 2. To six (6) years, six percent (6%) of the house base price; • 3. To seven (7) years, seven percent (7%) of the house base price; Formatted: Font: Arial Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Font: Arial Formatted: List Paragraph, Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1.25" + Indent at: 1.75" Formatted: List Paragraph, Indent: Left: 1.5", Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 1.25" Formatted: Font: Arial Formatted: List Paragraph, Indent: Left: 1.5", Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: List Paragraph, Indent: Left: 2" Formatted: List Paragraph, Indent: Left: 1.5", Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: List Paragraph, Indent: Left: 1.75" Formatted: Indent: Left: 1.5", Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Arial Formatted: Normal, Indent: Left: 1.25", No bullets or numbering Formatted: List Paragraph, Indent: Left: 1.75" Formatted: Font: Arial Formatted: List Paragraph, Bulleted + Level: 4 + Aligned at: 1.75" + Indent at: 2" 11-11-19 TC Packet Page 74 of 94 74 Page 13 of 18 • 4. To eight (8) years, eight percent (8%) of the house base price; • 5. To nine (9) years, nine percent (9%) of the house base price; and • 6. To ten (10) years, ten percent (10%) of the house base price. • plus, The depreciated value of TOSV approved energy efficient or water conservation capital improvements installed and paid for by the owner not to exceed 10% of the current resale price To substantiate such amounts, an owner shall provide the Housing Manager an affidavit of owner setting forth the amounts expended for improvements with receipts attached thereto, and the certificate of completion issued by the Building Official for the improvements, if required, or if no certificate of completion is required, then a statement from the Building Official that the improvements installed did not require a certificate of completion. If such amount has not previously been substantiated to the satisfaction of the Housing Manager, it shall be provided with the notice of intent to sell. 17.4.3.56. Rodeo Place Single Family Housing Units. The maximum resale price shall be computed as the lesser of: a) the base price as maintained in the records of the Housing Manager, plus • the one- time actual cost of finishing the basement subject to a maximum allowance of $70.00 per square foot from the date of completion in accordance with the square feet allocated to eachto each home basement, • The depreciated value of TOSV approved energy- efficient or water conservation capital improvements installed and paid by the owner not to exceed 10% of the current resale price, • The purchase price of the current owner; • Multiplied by the consumer price index, all items, urban wage earners and clerical workers (revised) published by the United States Department of Labor, Bureau of Labor Statistics, commonly known as the CPI-W, last published prior to the date of notice of intent to sell; Formatted: Font: Arial Formatted: Indent: Left: 2", No bullets or numbering Formatted: List Paragraph, Bulleted + Level: 4 + Aligned at: 1.75" + Indent at: 2" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" 11-11-19 TC Packet Page 75 of 94 75 Page 14 of 18 • Divided by the CPI-W last published prior to the time of purchase by owner; To substantiate the finished basement option amount, an owner shall provide the Housing Manager an affidavit of owner setting forth the amounts expended for improvements with receipts attached thereto, and the certificate of completion issued by the Building Official for the improvements, if requi red, or if no certificate of completion is required, then a statement from the Building Official that the improvements installed did not require a certificate of completion. The finishing of the basement improvements will be a one timeone-time adjustment to the home base price from the certificate of completion date. If such amount has not previously been substantiated to the satisfaction of the Housing Manager, it shall be provided with the notice of intent to sell. 17.4.3.7. Coffey Place Single Family and Condominium Housing Units. The maximum resale price shall be computed as the lesser of: a) the original price plus • a three-percent annual increase in the purchase price, prorated from the date of the original purchase, plus • the depreciated value of TOSV approved energy e fficiency or water conservation capital improvements installed and paid by the owner, not to exceed 10% of the current resale price; OR b) the purchase price as maintained in the records of the Housing Manager, • Multiplied by the consumer price index, all items, urban wage earners and clerical workers (revised) published by the United States Department of Labor, Bureau of Labor Statistics, commonly known as the CPI-W, last published prior to the date of notice of intent to sell; • Divided by the CPI-W last published prior to the time of purchase by owner, plus • The depreciated value of TOSV approved energy- efficient or water conservation capital improvements installed and paid by the owner not to exceed 10% of the current resale price . 17.4.3.8 Future Housing. The regulations governing resale for future developments will be included in these Regulations . Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Font: Bold Formatted: Font: Bold Formatted: Normal, Indent: Left: 1", No bullets or numbering Formatted: Font: Arial Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.5" Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Formatted: List Paragraph Formatted: Font: Arial Formatted: Font: Arial Formatted: List Paragraph, Bulleted + Level: 2 + Aligned at: 1.5" + Indent at: 1.75" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 0.5" 11-11-19 TC Packet Page 76 of 94 76 Page 15 of 18 17.4.3.6 9 Publication. The Housing Manager shall cause a notice of the availability of the housing unit purchase shall be published in the Snowmass village Village Sun once a week for the four (4) consecutive weeks. 17.5 4.4 Lottery Procedure. At the end of the thirty (30) day Snowmass village employee priority period, lottery chances will be assigned by the Housing Manager to qualified applicants as follows: Years Employed Lottery Chances 1 or greater but less than 3 1 3 or greater but less than 7 2 7 or greater but less than 11 4 11 or greater but less than 15 6 15 or greater 8 Following the assignment of lottery chances to qualified applicants, the Housing Manager shall schedule and conduct a lottery to determine the priority of qualified purchasers. The lottery will be scheduled by the Housing Manager. If a chance of a qualified applicant is chosen more than one (1) time, all subsequent chances will be disregarded. 17.6 4.5 Contract and sale procedure. 17.6.4.5.1 The first priority qualified purchaser shall have seven (7) days to enter into a contract with the owner for purchase of the housing unit. In the event that a contract is not timely entered into then the next priority qualified purchaser shall have seven (7) days to enter into a contract with the owner for purchase of the housing unit, and so on until a sale occurs. The owner may not reject an offer from a qualified purchaser that is for the maximum resale price or the current resale price, as the case may be, unless other terms and conditions of the offer are unreasonable. Thereafter, if the housing unit has not been sold, the owner may list it for sale with a real estate broker, orbroker or negotiate a contract for its sale provided that the owne r shall notify all prospective purchasers that they must be confirmed to be a qualified purchaser by the Housing Manager. 17.4.66.2 Advertise housing unit for sale. The owner shall advertise the housing unit for sale by the placement of a "for sale" sign meeting the requirements of Chapter 16A of the Snowmass Village Municipal Code at a conspicuous location. Formatted: Indent: Left: 0.5" 11-11-19 TC Packet Page 77 of 94 77 Page 16 of 18 17.6.34.7 Confirmation of qualification. At the closing of the sale, the Housing Manager shall confirm: 17.6.3.1 a) The status of the qualified purchaser to purchase the housing unit; b) 17.6.3.2 That the purchase price does not exceed the maximum resale price; and c) 17.6.3.3 All monies owing to the Town have been fully paid. 17.5 Mandatory resale 17.5.1 An owner shall immediately offer the housing unit for sale in accorda nce with the provisions of section 17.4 upon the occurrence of any of the following events: a) If a non-qualified purchaser takes title to the housing unit; or b) The owner does not maintain residency at the housing unit; or c) The owner has not sold a residential dwelling unit within six (6) months of the closing of the acquisition of the housing unit, or such greater period of time as approved by the Town Council upon good cause shown; or d) The owner acquires a residential dwelling unit after the closing of the acquisition of a housing unit; or e) The owner purchases the housing unit for a purchase price greater than the maximum purchase price; or f) The owner fails to be a requalified owner. 17.5.2 17.8 Biennial Requalification. Commencing July 1, 2003 aAll owners must requalify biennially by completing and returning an affidavit within ninety (90) days of receipt. The affidavit will confirm that the following: a) 17.8.1. the owner has been in physical residence in the housing unit for a minimum of eight (8) months each calendar year, is or is eligible to be a registered voter in the Town, possesses or is eligible to possess a valid Colorado driversdriver’s license; and files a Colorado income tax return; and b) 17.8.2 the owner has been actively employed by an employer whose principal place of business is in Pitkin County for minimum of one thousand four hundred (1400) hours during a minimum period of eight (8) months per calendar; or have attained the age of sixty two (62) after having been the owner of the housing unit for not less than ten (10) years. c) 17.8.3 The owner has not acquired a residential dwelling unit within the Roaring Fork River drainage situated in Eagle, Pitkin or Garfield Cou nties, or within the Formatted: Font: Arial Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Arial Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Arial Formatted: Font: Bold Formatted: Font: Arial Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Arial Formatted: Font: Arial Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Arial Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" 11-11-19 TC Packet Page 78 of 94 78 Page 17 of 18 Colorado River Drainage from and including the unincorporated No Name area to and including the City of Rifle, after the closing of the acquisition of a housing unit. The Housing Department may, at its discretion, conduct a directed and random audit of continued compliance with ongoing qualification with the provisions of these Regulations. 17.5.3 Change in Ownership. Any proposed or contemplated additions or deletions to the owners listed on the warranty deed must be app roved in writing by the Housing Manager. Any such changes will be required to be in compliance with all requirements of these Regulations. 17.7 6 Housing Unit Rental. 17.76.1 For good cause shown and with the approval of the Housing Manager, an owner may rent the entire housing unit for a maximum of four months. The rental rate shall not exceed the rent for a comparable rental apartment owned by the Town as determined by the Housing Manager. No short-term rentals will be allowed. 17.76.2 With written notice to the Housing Manager, the owner of a housing unit of not less than two (2) bedrooms may rent one (1) bedroom to a maximum of two (2) people, at least one (1) of whom is an employee. Provided, howev er, the owner must maintain residency in the housing unit, must occupy a bedroom in the housing unit and must receive prior approval for any such rental from the association in which the housing unit exists. 17.76.3 Where there exists a conflict between any limitation or requirement in this Code and any limitation or requirement contained in any applicable protective covenant, deed restriction, condominium declaration, homeowners or condominium association bylaws or rules and regulations, as the same may be adopted or amended from time to time, the more restrictive limitation or requirement shall prevail. 17.7 Exempt Transactions A one-time transfer by operation of law, by will or inheritance to a surviving s pouse of an owner is exempt from the procedures set forth in Section 17-4 provided written notice shall be given to the Housing Manager providing information to support than an exempt transaction has occurred. 17.8 Biennial Requalification. Commencing July 1, 2003 all owners must requalify biennially by completing and returning an affidavit within ninety (90) days . The affidavit will confirm that the following: Formatted: Indent: Left: 0" Formatted: No bullets or numbering Formatted: Font: Arial Formatted: Indent: Left: 0" 11-11-19 TC Packet Page 79 of 94 79 Page 18 of 18 17.8.1. the owner has been in physical residence in the housing unit for a minimum of eight (8) months each calendar year, is or is eligible to be a registered voter in the Town, possesses or is eligible to possess a valid Colorado drivers license; and files a Colorado income tax return; and 17.8.2 the owner has been actively employed by an employer whose principal place of business is in Pitkin County for minimum of one thousand four hundred (1400) hours during a minimum period of eight (8) months per calendar; or have attained the age of sixty two (62) after having been the owner of the housing unit for not less than ten (10) years. 17.8.3 The owner has not acquired a residential dwelling unit within the Roaring Fork River drainage situated in Eagle, Pitkin or Garfield Counties, or within the Colorado River Drainage from and including the unincorporated No Name area to and including the City of Rifle, after the closing of the acquisition of a housing unit. 17.9 8 Appeals. Any applicant or owner who feels that the Housing Manager has misinterpreted or improperly applied the provisions of the Chapter 17 of the Municipal Code or these Regulations may inform the Town Manager in writing and request a review. Any such request must be delivered t the Town Manager within fourtee n (14) days of the date of such purported misinterpretation or improper application. The Town Manager shall investigate and take such actions as are necessary and proper to alleviate any actual noncompliance. 11-11-19 TC Packet Page 80 of 94 80 Page 1 of 14 Permanent Moderate Housing Regulations 17.1 Purpose 17.2 Application 17.3 Definitions 17.4 Resale Procedure 17.5 Mandatory Resale 17.6 Rental 17.7 Exempt Transactions 17.8 Release of Restrictions 17.9 Remedies of the Town 17.10 No Guaranty or Warranty Disclosure 17.1 Purpose. It is the goal of the Town of Snowmass Village to support a viable workforce and to continue a commitment to workforce housing opportunities that best balance the character and resources of the Town. These rules and regulations effectuate the provisions of Chapter 17, Article I of the Municipal Code and shall be enforceable as if enacted as a part thereof. 17.2 Application. The Permanent Moderate Housing Regulations apply to the use, occupancy and sale of the following developments: Capitol Peak Condominiums, Coffey Place (when completed), Country Club Townhomes, Creekside Condominiums, Crossings at Horse Ranch, Daly Permanent Moderate Housing Townhomes, Mountain View Permanent Moderate Housing Condominiums, all phases of Rodeo Place, Sinclair Meadows, and all other Permanent Moderate Housing developments recognized by the Snowmass Village Town Council. 17.2.1 Application Procedure. On forms specified by the Housing Manager, an applicant shall provide information concerning employment, income, net worth, unit size, dependants and such other information deemed reasonably necessary to determine whether the applicant can be deemed a qualified applicant. All information provided by an applicant shall be considered confidential. 17.2.2 Procedures. Applications are available at the Housing Department office. Completed applications must be submitted with an application fee. An application is active for twelve (12) consecutive months. To apply for another housing unit, a 11-11-19 TC Packet Page 81 of 94 81 Page 2 of 14 Confirmation Affidavit shall be completed, with updated information, and a reapplication fee shall be paid. Incomplete applications will not be considered. 17.2.3 Verification of Application Information. The Housing Manager will verify all information contained in an application. If the Housing Manager determines that any information or statements in an application are not true or accurate, then the applicant may be permanently precluded from applying for the purchase of any housing unit or for applying to rent any Town apartment. 17.2.4 Qualified Applicant. 17.2.4.1 Employment Qualifications. To apply for a housing unit an adult employee must have been actively employed by an employer licensed pursuant to Section 4.2 of the Snowmass Village Municipal Code with a principal place of business in the Snowmass Village as defined in Section 17.3 for the minimum of one (1) year, OR in Pitkin County for a minimum of three (3) years. A minimum of one thousand four hundred (1400) hours during a minimum period of eight (8) months per calendar year constitutes a year of active employment. Licensed Snowmass Village home occupations (as defined in the Town of Snowmass Village Land Use Code Sec. 16A-3-240) are qualified, provided they meet the definition of an employer in the Town of Snowmass Village and derive a minimum of 80% of income from products, services or other direct benefits to the residents and/or businesses of the Town of Snowmass Village or Pitkin County. Applicants must provide proof of business license, a current Profit and Loss statement, a current list of clients, and any other information deemed necessary to verify eligibility, in addition to the other required application documents. The following lottery tiers establish the priorities for applicants. All applicants must also meet employment, income, asset and occupancy requirements After applicants are qualified they will be entered into a lottery tier using the priorities listed below. Lottery Tiers Lottery Priorities 1st In-Complex 2nd Downsizing from one Permanent Moderate Housing unit to another unit, provided the downsized unit has fewer bedrooms than the current unit. In the case of new construction, no more than 25% of the initial units shall be made available for downsizing unless otherwise established by the Town Council. 3rd Snowmass Village full-time employment with 3 or more years 4th Snowmass Village full-time employment with 12-35 months 5th Snowmass Village full-time employment with 3 or more years; 2 people may apply for a 3-bedroom unit 6th Snowmass Village full-time employment with 12-35 months; 2 people may apply for a 3-bedroom unit 7th Pitkin County full-time employment with 3 or more years 11-11-19 TC Packet Page 82 of 94 82 Page 3 of 14 7.2.4.2. Maximum Income and Net Worth. The purchase price of a housing unit limits the income and net worth of an applicant to a maximum income and net worth. The maximum income and net worth applicable to a specific purchase price shall be established and made public annually by the Housing Manager. Assets and liabilities shall be defined as generally accepted accounting standards for individuals, including all business equity for self-employed persons and business owners. Tax deferred retirement funds, college savings funds and contingent liabilities are not included in the asset calculation. In the case of persons who wish to downsize from one Permanent Moderate Housing unit to another unit, the value of the primary home will not be included in the asset calculation, provided the unit downsizing to has fewer bedrooms. Income is calculated by averaging the adjusted gross income shown on the last three (3) filed Federal Income Tax returns. Eighty percent (80%) of the applicant's income must be income earned within Snowmass Village and verifiable by tax return or W -2 form. Income and Net Worth levels for joint applicants will be combined. 17.2.4.3 Unit Size and Occupancy Requirements. To maximize the occupancy of housing units an applicant can only apply to purchase a housing unit to accommodate the number of persons that will be residing with the applicant. The number of persons will include a dependant as defined in the Internal Revenue Code, or a minor child who resides on a part time basis of not less than one hundred twenty-one (121) days per calendar year as a result of an order of a court. A first priority applicant can only apply to purchase a housing unit with the number of bedrooms as follows: First Priority Occupancy Table #1 Total Persons 1 bedroom 2 bedrooms 3 bedrooms 4 or more bedrooms 1* X X 2 X X 3 X X 4 X X X 4+ X X *One person is not eligible to purchase a detached single-family home. Second Priority Occupancy Table #2 11-11-19 TC Packet Page 83 of 94 83 Page 4 of 14 Total Persons 1 bedroom 2 bedrooms 3 bedrooms 4 or more bedrooms 2 X X X After the first priority qualified applicants have been selected the Second Priority Occupancy Table will be used if necessary. This table will only be used for qualified Snowmass Village employee applicants in the 5th and 6th lottery tier from the 17.2.4.1 lottery procedures table. Note: All Pitkin County employees in the 7th lottery tier must meet the requirements listed in the First Priority Occupancy Table #1. 17.2.5 Applicant Super Priorities. Upon qualifying to purchase a housing unit, an applicant may qualify for a further, or “super”, priority that will rise above all other priorities. 17.2.5.1 Disabled Employee Prioritization. A qualified applicant who personally or who resides with a dependant who has a physical impairment that substantially limits the major life activity of walking and substantially limits the ability of the person to climb stairs as documented in writing by a medical doctor licensed in the State of Colorado shall be deemed the first priority qualified purchaser for the purchase of a disabled housing unit without regard to prioritization criteria. In the event that two or more qualified applicants desire to purchase the housing unit, then employment prioritization within the Lottery Tiers in 17.2.4.1 shall be utilized to determine the first priority qualified purchaser. 17.2.5.2 In Complex Priority. A qualified applicant (meets all employment, income, assets and occupancy requirements) who has owned a housing unit in the project where a housing unit is offered for sale for longer than one (1) year shall be deemed the first priority qualified purchaser for the purchase of the housing unit without regard to other prioritization criteria. In the event that two or more such qualified applicant employee owners desire to purchase the housing unit, then employment prioritization within the Lottery Tiers in 17.2.4.1 shall be utilized to determine the first priority qualified purchaser. If more then one applicant is in the same employment tier then a lottery will be held to select the qualified in complex purchaser. 17.3 Definitions As used in these regulations, the following words shall be construed to have the meanings defined below: Active employment means a minimum of one thousand four hundred (1400) hours during a minimum period of eight (8) months per calendar year. 11-11-19 TC Packet Page 84 of 94 84 Page 5 of 14 Disabled Employee Prioritization is available to a qualified applicant who personally has or who residents with a dependent who has a physical impairment that substantially limits the ability of the person to walk and/or climb stairs, as documented in writing by a medical doctor licensed in the State of Colorado. Disabled housing unit means a housing unit that complies with the accessibility provisions of the Americans with Disabilities Act (ADA) and Chapter 18 of the Town of Snowmass Village Municipal Code. Home occupation means a business that complies with the requirements of Sec. 16A-3-240 of the Town of Snowmass Village Land Use Code. Employee means an adult who is actively employed by a licensed employer, as defined herein. Employer is business licensed: a. Pursuant to Section 4.2 of the Town of Snowmass Village Municipal Code with a principal place of business in Snowmass Village for a minimum of three (3) years; or b. To do business within Pitkin County, and having a principal place of business within Pitkin County. Housing Manager is the individual designated by the Snowmass Village Town Manager to implement these regulations, or his or her designee. Housing unit means a dwelling unit that is subject to the provisions of these regulations. Maximum resale price means the maximum price for which a housing unit may be sold. The maximum resale price is computed in accordance with the resale price procedures established for each project under section 17.4 of these regulations. Owner means the fee simple owner of a housing unit. Pre-sale inspection means an inspection of the housing unit to confirm that the housing unit has been kept and maintained in a clean and orderly condition, normal wear and tear excepted, in a manner determined by the Housing Manager. Qualified applicant means all adult applicants who collectively meet the qualifications for purchase of a housing units, as established from time to time by the Housing Manager, and taking into consideration employment, income, net worth, unit size, dependents, and any other criteria established by the Housing Manager, as set forth in 17.2.4 of these regulations. 11-11-19 TC Packet Page 85 of 94 85 Page 6 of 14 Resale fee means a fee collected upon the filing of a notice of intent to sell a housing unit, as determined by the Housing Manager, as set forth under section 17.4.2. of these regulations. Requalified owner is an owner who, following the initial purchase of a housing unit, meets the qualifications for employment, income, net worth and residency established by the Housing Manager, as set forth under this section. Residential dwelling unit means any residential property within the Roaring Fork River drainage situated in Eagle, Pitkin or Garfield Counties, or within the Colorado River Drainage from and including the unincorporated No Name area to and including the City of Rifle. Unit size means a housing unit intended to be occupied by a minimum or maximum number of occupants as established by the Housing Manager. 17.4 Resale Procedure. 17.4.1 Housing Unit Inspection. As a condition precedent to filing a notice to sell a housing unit, the owner shall obtain an approved pre-sale inspection from an inspector approved by the Housing Manager. Upon successful completion of the inspection, an approved inspection report shall be issued and all cost of such report will be paid by the owner. 17.4.1.1 Standards. The inspection will disclose the physical condition of the housing unit. The housing unit must meet a minimum standard of maintenance and cleanliness. The approved inspector will grade the housing unit on a standard approved by the Housing Manager. 17.4.1.2 Repairs. If the pre-sale inspection discloses deficiencies, then the owner shall correct all deficiencies. The housing unit shall be reinspected to confirm that all such deficiencies have been properly corrected. 17.4.2 Notice to sell. After receipt of the approved inspection report and the notice of intent to sell, the Housing Manager shall calculate the maximum resale price. The Housing Manager shall then collect a resale fee equal to one percent (1%) of the maximum resale price of a condominium housing unit to a maximum of One Thousand Dollars ($1,000.00), and one-half of one percent (.5%) of the maximum resale price of a house to a maximum of One Thousand Five Hundred Dollars ($1,500.00). Upon good cause shown, the Housing Manager may authorize alternate arrangements for the payment of the resale fee. 11-11-19 TC Packet Page 86 of 94 86 Page 7 of 14 17.4.3 Maximum resale price calculation. The Housing Manager shall calculate the maximum resale price based upon the date the owner acquired the housing unit and upon the owner's purchase price, as further outlined below. 17.4.3.1 Energy Efficiency & Water Conservation Capital Improvements. An energy efficiency and water conservation capital improvements allowance of up to 10% of the current resale price will be established for each new owner of a single-family home or a condominium unit. Only improvements that clearly demonstrate energy efficiency and water conservation will be considered for this allowance. The utilization of sustainable green building materials may also be included in the 10% improvement allowance. All capital improvements will be depreciated on the depreciation schedule from the Marshall Swift Residential Handbook. This improvement allowance does not include the replacement or maintenance of existing fixtures, appliances, decorative items, or improvements necessary to maintain existing fixtures from the original construction. Only new replacement items which are recognized to provide a substantial amount of energy or water conservation greater then the original construction will be considered. An owner shall submit a complete improvement cost proposal listing the improvement items and documentation identifying the energy savings or water conservation benefits to the Housing Director prior to beginning the improvement work. The director will then make a determination if the requested improvements may be added to the resale price. After receiving Housing Director approval, to substantiate the Energy and Water Conservation Capital Improvement allowance amount, an owner shall provide the Housing Director an affidavit of owner setting forth the amounts expended for improvements with receipts to show actual expenses attached thereto, and the certificate of completion issued by the Building Official for the improvements, if required. If a certificate of completion is not required, then a written statement from the Building Official identifying that the improvements installed did not require a building permit or a certificate of completion. Energy and Water Conservation Capital Improvements that have not received preapproval from the Housing Director will not be considered for inclusion upon resale of the unit. 17.4.3.2 Improvements. Improvements may be included in the resale calculation only if approved by the Housing Manager and to the extent specified in these regulations. Evidence of cost of eligible improvements and corresponding documentation from the Building Official must be submitted within six (6) months of issuance of a certificate of occupancy or other approval to be considered. In the case of existing housing improvements, evidence and documentation shall be submitted within six (6) months of adoption of these Regulations. 17.4.3.3 Condominium Housing Units Acquired before July 22, 1991. For housing units located in the Creekside Condominiums and Country Club Townhomes that have been continuously owned by the same owner on and after July 22, 1991, the maximum resale price is computed as follows: 11-11-19 TC Packet Page 87 of 94 87 Page 8 of 14 a) the purchase price paid by the owner, plus an amount equal to: 1. The purchase price paid by the owner; • Multiplied by the consumer price index, all items, urban wage earners and clerical workers (revised) published by the United States Department of Labor, Bureau of Labor Statistics, commonly known as the CPI-W, last published prior to the date of notice of intent to sell; • Divided by the CPI-W last published prior to the time of purchase by owner; • plus, the depreciated cost of improvements to the condominium unit which have been paid for by the owner and approved by the Town Council. • plus, the depreciated value of TOSV approved energy efficient or water conservation capital improvements installed and paid by the owner not to exceed 10% of the current resale price, • plus, the actual cost of capital improvements performed by the condominium association of the project in which the housing unit is located, paid for by the owner from the time of installation of the capital improvement to the date of resale approved by the Town, not to exceed ten percent (10%) of the current resale price. 17.4.3.4 Condominium Housing Units Acquired after July 22, 1991. The maximum resale price shall be computed as the lesser of: a) the original price plus a three-percent annual increase in the purchase price, prorated from the date of the original purchase, or b) the purchase price paid by the owner, plus an amount equal to: 1. The purchase price of the current owner; • Multiplied by the consumer price index, all items, urban wage earners and clerical workers (revised) published by the United States Department of Labor, Bureau of Labor Statistics, commonly known as the CPI-W, last published prior to the date of notice of intent to sell; • Divided by the CPI-W last published prior to the time of purchase by owner plus, 11-11-19 TC Packet Page 88 of 94 88 Page 9 of 14 • The depreciated value of TOSV approved energy efficient or water conservation capital improvements installed and paid by the owner not to exceed 10% of the current resale price, • plus, the depreciated cost of capital improvements performed by the condominium association of the project in which the housing unit is located, paid for by the owner from the time of installation of the capital improvement to the date of resale approved by the Town, not to exceed ten percent (10%) of the current resale price. 17.4.3.5 Crossings Housing Units. The maximum resale price shall be computed as the lesser of: a) the base price as maintained in the records of the Housing Manager, plus the cost of the finishing of the basement from the date of completion in accordance with the description of the basement option not to exceed the cost of a standard basement option, plus a three-percent annual increase, or b) the purchase price paid by the owner, minus the cost of any house option which is installed after the issuance of the original certificate of occupancy plus the cost of the deck option, if it was subtracted from the calculation of the house base price, plus an amount equal to: 1. The purchase price of the current owner; • Multiplied by the consumer price index, all items, urban wage earners and clerical workers (revised) published by the United States Department of Labor, Bureau of Labor Statistics, commonly known as the CPI-W, last published prior to the date of notice of intent to sell; • Divided by the CPI-W last published prior to the time of purchase by owner; • plus, the cost of any house option, as approved by the Town Council as an option to the basic house design (as set forth in Exhibit "A" to the Horse Ranch Employee Housing Development Agreement entered into by and between the Town and Foresite Capital Facilities Corporation on April 22, 1994) • plus, automatic sprinkler system, gutter and downspout, permanent landscaping and heat tapes) which was installed after the issuance of the original certificate of occupancy • plus the cost of the deck option, if it was subtracted from the calculation of the house base price. From the issuance of the original certificate of occupancy for the housing unit, the maximum amount shall be limited to ten 11-11-19 TC Packet Page 89 of 94 89 Page 10 of 14 percent (10%) of the house base price which shall escalate as follows: • To five (5) years, five percent (5%) of the house base price; • To six (6) years, six percent (6%) of the house base price; • To seven (7) years, seven percent (7%) of the house base price; • To eight (8) years, eight percent (8%) of the house base price; • To nine (9) years, nine percent (9%) of the house base price; and • To ten (10) years, ten percent (10%) of the house base price. • plus, The depreciated value of TOSV approved energy efficient or water conservation capital improvements installed and paid for by the owner not to exceed 10% of the current resale price To substantiate such amounts, an owner shall provide the Housing Manager an affidavit of owner setting forth the amounts expended for improvements with receipts attached thereto, and the certificate of completion issued by the Building Official for the improvements, if required, or if no certificate of completion is required, then a statement from the Building Official that the improvements installed did not require a certificate of completion. If such amount has not previously been substantiated to the satisfaction of the Housing Manager, it shall be provided with the notice of intent to sell. 17.4.3.6. Rodeo Place Single Family Housing Units. The maximum resale price shall be computed as the lesser of: a) the base price as maintained in the records of the Housing Manager, plus • the one-time actual cost of finishing the basement subject to a maximum allowance of $70.00 per square foot from the date of completion in accordance with the square feet allocated to each home basement, plus • The depreciated value of TOSV approved energy-efficient or water conservation capital improvements installed and paid by the owner not to exceed 10% of the current resale price, plus • The purchase price of the current owner; • Multiplied by the consumer price index, all items, urban wage earners and clerical workers (revised) published by the United States Department of Labor, Bureau of Labor Statistics, 11-11-19 TC Packet Page 90 of 94 90 Page 11 of 14 commonly known as the CPI-W, last published prior to the date of notice of intent to sell; • Divided by the CPI-W last published prior to the time of purchase by owner; To substantiate the finished basement option amount, an owner shall provide the Housing Manager an affidavit of owner setting forth the amounts expended for improvements with receipts attached thereto, and the certificate of completion issued by the Building Official for the improvements, if required, or if no certificate of completion is required, then a statement from the Building Official that the improvements installed did not require a certificate of completion. The finishing of the basement improvements will be a one-time adjustment to the home base price from the certificate of completion date. If such amount has not previously been substantiated to the satisfaction of the Housing Manager, it shall be provided with the notice of intent to sell. 17.4.3.7. Coffey Place Single Family and Condominium Housing Units. The maximum resale price shall be computed as the lesser of: a) the original price plus • a three-percent annual increase in the purchase price, prorated from the date of the original purchase, plus • the depreciated value of TOSV approved energy efficiency or water conservation capital improvements installed and paid by the owner, not to exceed 10% of the current resale price; OR b) the purchase price as maintained in the records of the Housing Manager, • Multiplied by the consumer price index, all items, urban wage earners and clerical workers (revised) published by the United States Department of Labor, Bureau of Labor Statistics, commonly known as the CPI-W, last published prior to the date of notice of intent to sell; • Divided by the CPI-W last published prior to the time of purchase by owner, plus • The depreciated value of TOSV approved energy- efficient or water conservation capital improvements installed and paid by the owner not to exceed 10% of the current resale price. 17.4.3.8 Future Housing. The regulations governing resale for future developments will be included in these Regulations. 17.4.3.9 Publication. The Housing Manager shall cause a notice of the availability of the housing unit purchase shall be published in the Snowmass Village Sun once a week for four (4) consecutive weeks. 11-11-19 TC Packet Page 91 of 94 91 Page 12 of 14 17.4.4 Lottery Procedure. At the end of the thirty (30) day Snowmass village employee priority period, lottery chances will be assigned by the Housing Manager to qualified applicants as follows: Years Employed Lottery Chances 1 or greater but less than 3 1 3 or greater but less than 7 2 7 or greater but less than 11 4 11 or greater but less than 15 6 15 or greater 8 Following the assignment of lottery chances to qualified applicants, the Housing Manager shall schedule and conduct a lottery to determine the priority of qualified purchasers. The lottery will be scheduled by the Housing Manager. If a chance of a qualified applicant is chosen more than one (1) time, all subsequent chances will be disregarded. 17.4.5 Contract and sale procedure. The first priority qualified purchaser shall have seven (7) days to enter into a contract with the owner for purchase of the housing unit. In the event that a contract is not timely entered into the next priority qualified purchaser shall have seven (7) days to enter into a contract with the owner for purchase of the housing unit, and so on until a sale occurs. The owner may not reject an offer from a qualified purchaser that is for the maximum resale price or the current resale price, as the case may be unless other terms and conditions of the offer are unreasonable. Thereafter, if the housing unit has not been sold, the owner may list it for sale with a real estate broker or negotiate a contract for its sale provided that the owner shall notify all prospective purchasers that they must be confirmed to be a qualified purchaser by the Housing Manager. 17.4.6 Advertise housing unit for sale. The owner shall advertise the housing unit for sale by the placement of a "for sale" sign meeting the requirements of Chapter 16A of the Snowmass Village Municipal Code at a conspicuous location. 17.4.7 Confirmation of qualification. At the closing of the sale, the Housing Manager shall confirm: a) The status of the qualified purchaser to purchase the housing unit; b) That the purchase price does not exceed the maximum resale price; and c) All monies owing to the Town have been fully paid. 17.5 Mandatory resale 11-11-19 TC Packet Page 92 of 94 92 Page 13 of 14 17.5.1 An owner shall immediately offer the housing unit for sale in accordance with the provisions of section 17.4 upon the occurrence of any of the following events: a) If a non-qualified purchaser takes title to the housing unit; or b) The owner does not maintain residency at the housing unit; or c) The owner has not sold a residential dwelling unit within six (6) months of the closing of the acquisition of the housing unit, or such greater period of time as approved by the Town Council upon good cause shown; or d) The owner acquires a residential dwelling unit after the closing of the acquisition of a housing unit; or e) The owner purchases the housing unit for a purchase price greater than the maximum purchase price; or f) The owner fails to be a requalified owner. 17.5.2 Biennial Requalification. All owners must requalify biennially by completing and returning an affidavit within ninety (90) days of receipt. The affidavit will confirm that the following: a) The owner has been in physical residence in the housing unit for a minimum of eight (8) months each calendar year, is or is eligible to be a registered voter in the Town, possesses or is eligible to possess a valid Colorado driver’s license; and files a Colorado income tax return; and b) The owner has been actively employed by an employer whose principal place of business is in Pitkin County for minimum of one thousand four hundred (1400) hours during a minimum period of eight (8) months per calendar; or have attained the age of sixty two (62) after having been the owner of the housing unit for not less than ten (10) years. c) The owner has not acquired a residential dwelling unit within the Roaring Fork River drainage situated in Eagle, Pitkin or Garfield Counties, or within the Colorado River Drainage from and including the unincorporated No Name area to and including the City of Rifle, after the closing of the acquisition of a housing unit. The Housing Department may, at its discretion, conduct a directed and random audit of continued compliance with ongoing qualification with the provisions of these Regulations. 17.5.3 Change in Ownership. Any proposed or contemplated additions or deletions to the owners listed on the warranty deed must be approved in writing by the Housing Manager. Any such changes will be required to be in compliance with all requirements of these Regulations. 11-11-19 TC Packet Page 93 of 94 93 Page 14 of 14 17.6 Housing Unit Rental. 17.6.1 For good cause shown and with the approval of the Housing Manager, an owner may rent the entire housing unit for a maximum of four months. The rental rate shall not exceed the rent for a comparable rental apartment owned by the Town as determined by the Housing Manager. No short-term rentals will be allowed. 17.6.2 With written notice to the Housing Manager, the owner of a housing unit of not less than two (2) bedrooms may rent one (1) bedroom to a maximum of two (2) people, at least one (1) of whom is an employee. Provided, however, the owner must maintain residency in the housing unit, must occupy a bedroom in the housing unit and must receive prior approval for any such rental from the association in which the housing unit exists. 17.6.3 Where there exists a conflict between any limitation or requirement in this Code and any limitation or requirement contained in any applicable protective covenant, deed restriction, condominium declaration, homeowners or condominium association bylaws or rules and regulations, as the same may be adopted or amended from time to time, the more restrictive limitation or requirement shall prevail. 17.7 Exempt Transactions. A one-time transfer by operation of law, by will or inheritance to a surviving spouse of an owner is exempt from the procedures set forth in Section 17-4 provided written notice shall be given to the Housing Manager providing information to support than an exempt transaction has occurred. 17.8 Appeals. Any applicant or owner who feels that the Housing Manager has misinterpreted or improperly applied the provisions of the Chapter 17 of the Municipal Code or these Regulations may inform the Town Manager in writing and request a review. Any such request must be delivered t the Town Manager within fourteen (14) days of the date of such purported misinterpretation or improper application. The Town Manager shall investigate and take such actions as are necessary and proper to alleviate any actual noncompliance. 11-11-19 TC Packet Page 94 of 94 94