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Home My WebLink Aboutbocc.con.248.2010 CONTRACT # 7 r ' '/v RECEPTION #: 570411, 06/11/2010 at 10:31:20 AM, 1 OF 2, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE MORROW/WINGO JUNCTION RANCH SUBDMSION/PUD MINOR AMENDMENT TO PUD GUIDE Resolution No.4'/ -2010 RECITALS 1. Roaring Fork Meadows LLC ( "Applicant ") has applied to the Board of County Commissioners of Pitkin County, Colorado ( "Director ") to amend Article II, paragraph 8 of the PUD Guide to clarify the timing to deed restrict the two existing residences on Common Parcel 1. The PUD Guide states that the units were to be deed restricted on the earlier of 90 days after recordation of the plat (recorded 4/26/06) or prior to issuance of a Certificate of Occupancy for a free market residence on any of Lots 3, 4 or 5. The 90 day requirement is inconsistent with other references in the PUD Guide and appears to be in error. 2. The property is located on Wingo Ranch Road off of lloaglund Ranch Road, and is described as Lot 1- 5, and Common Parcels 1 and 2, Morrow /Wingo Junction Ranch Subdivision /PUD. 3. The property is zoned AR -10. 4. The BOCC approved the subdivision/PUD, pursuant to Resolution Nos. 068 -2004 and 143 -2005. The Final Plat was recorded in Plat Book78 at Pages 84 -86. The PUD Guide was recorded as Reception 1/523402. The subdivision consists of five residential lots (Lots 1 -5), two common parcels (Common Parcels 1 and 2) and one tract (Tract A — conveyed to the County). 5. The BOCC finds that the intent of.the previous approvals was to require deed restriction of the existing residences on Common Parcel 1 in association with the development of residences on Lots 3, 4 and 5, and the language requiring deed restriction within 90 days of recordation of the plat is erroneous. 6. The BOCC further finds that proposed amendment does not change the use or visual appearance of the property; does not constitute a new land development activity; will not increase off -site impacts; does not endanger the public health, safety or welfare or violate any standard of the Land Use Code; will not increase the need for parking, utilities or affordable housing; and will not increase the floor area or decrease the open space THE DIRECTOR DOES HEREBY APPROVE the Morrow / Wingo Junction Ranch Subdivision/PUD Minor Amendment to the PUD Guide, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. All conditions of BOCC Resolution Nos. 068 -2004 and 143 -2005 and the PUD Guide recorded as reception #523402, shall remain in full force and effect, except as amended herein. Resolution No.1 f -2010 Page 2 3. The Applicant shall adhere to all material representations made in the application. APPROVED AND ADOPTED on the 12" day of May, 2010. BOARD OF COUNTY COMMISSIONERS, PITT COUNTY, CO RADO ST: By .�f Ll.c.lvlfti George Newma , Chair J r ette Jones, Clerk t• the BOCC APPROVED AS TO CONTENT: APPROVED AS TO FORM: Cindy Houben John Ely. Community Development Director County Att P022 -10 PID #246721203001 thru 005; 246721203801 & 802 AMENDMENT OF THE PUD GUIDE FOR THE MORROW/WINGO JUNCTION RANCH SUBDIVISIONJPUD AS RECORDED AT RECEPTION NO. 523402 THIS AMENDMENT TO THE MORROW/ NINGO JUNCTION RANCH SUBDIVISION /PUD PUD GUIDE is made this Oho? day of d(,'k14, 2010, between ROARING FORK MEADOWS, LLC, A COLORADO LIMITED LIABLITY COMPANY and THE NED S. HOLMES PROFIT SHARING PLAN (collectively, "Owners ") and THE BOARD OF COUNTY COMMISSIONERS of the County of Pitkin, Colorado, as the governing body of Colorado ( "BOCC "); WHEREAS, ROARING FORK MEADOWS, LLC, A COLORADO LIMITED LIABLITY COMPANY and THE NED S. HOLMES PROFIT SHARING PLAN are the owners of certain parcels of land situated in Pitkin County, Colorado, known as and making up the entirety of THE MORROW/WINGO JUNCTION RANCH SUBDIVISION /PUD (the "Property "); WHEREAS, the MORROW /WINGO JUNCTION RANCH SUBDIVISION/PUD Conceptual Submission, 1041 Hazard Review, Special Review and GMQS Exemption approvals were granted pursuant to BOCC Resolution No. 068 -2004; WHEREAS, the MORROW / WINGO JUNCTION RANCH SUBDIVISION/PUD Detailed Submission and Final Plat were approved pursuant to BOCC Resolution No. 143 -2005 and a PUD GUIDE memorializing representations and conditions of approval was a requirement of said Resolution (see Paragraph 3(A)); WHEREAS, the PUD GUIDE for the MORROW /WINGO JUNCTION RANCH SUBDIVISION /PUD was recorded on April 26, 2006 at Reception No. 523402; WHEREAS, the second paragraph of paragraph 8, Article II of the PUD GUIDE incorrectly required recordation of deed restriction(s) for the residences on Common Parcel 1 on the earlier of 90 days after recording the Plat or prior to the issuance of a Certificate of Occupancy for a free market residence on any of Lots 3, 4, or 5 (said Plat was recorded on April 26, 2006 in Plat Book 78 at Page 84); WHEREAS, on May 12, 2010, BOCC Resolution No. 16/ -2010 granted a Minor Amendment to the PUD GUIDE for the MORROW /WINGO JUNCTION RANCH SUBDIVISION /PUD and stated that, within 60 days of the date of the approval, the applicant shall submit for approval by the County Attorney and the Community Development Department an amendment to Article II, paragraph 8 of the PUD GUIDE, clarifying that the residences on Common Parcel 1 shall be deed restricted prior to issuance of a building permit for residential development on any of Lots 3, 4, or 5. RECEPTION #: 571156, 06/28/2010 at 12:04:48 PM, 1 OF 5, R $0.00 Doc Code AMENDMENT Janice K. Vos Caudill, Pitkin County, CO NOW, THEREFORE, the undersigned hereby resolve to amend the PUD GUIDE for the MORROW / WINGO JUNCTION RANCH SUBDIVISION/PUD as follows: Remove Article II. Paragraph 8 in its entirety and replace it with, 8. Affordable Housing. Free market residential development on Lots 3, 4 and 5 generate an affordable housing mitigation requirement; however, no similar impact fee or requirement is generated in connection with development of residences on Lots 1 & 2 or Common Parcel 1. Development of Lots 3, 4 and 5 generates a requirement to provide housing for 3.465 full -time equivalent employees (FTE). Owner is providing a three- bedroom dwelling and a one- bedroom dwelling as deed restricted housing to satisfy the requirements. Pursuant to the Aspen/Pitkin County Housing Authority ( "APCHA ") Affordable Housing Guidelines ( "Guidelines "), the three- bedroom unit provides credit for housing three (3) FTEs and the one - bedroom unit provides credit for housing one and three - quarter (1.75) FTE; thus, all affordable housing requirements associated with the development of the Subdivision are fully and completely satisfied by the affordable units on Common Parcel 1. Owner has two (2) detached single - family residences on Common Parcel 1. Prior to issuance of a building permit for residential development on any of Lots 3, 4 or 5, both Common Parcel 1 residences will be deed restricted as Category Four (4) single family residences. Both residences will be deed restricted in perpetuity to the sales price terms for such Category as defined in the APCHA Guidelines. The initial unit sales prices shall be no greater than that allowed under the APCHA Guidelines in effect at the time of Final Plat approval, with appreciation limits for subsequent sales dictated by the deed restriction. Employees of the Property will have a period of sixty (60) days to exercise a right of first refusal with regard to the residences prior to the initial sale of such residences and prior to any subsequent sale. The specific terms of the deed restriction(s) are to be set forth in a separate agreement(s) between Owner and APCHA to be recorded in the records of Pitkin County prior to the issuance of a building permit for residential development on any of Lots 3, 4 or 5. Except as specifically amended herein, the MORROW /WINGO JUNCTION RANCH SUBDIVISION /PUD PUD GUIDE shall remain unmodified hereby, and remain in full force and effect. This agreement may be executed in multiple counterparts each of which shall constitute an original but all of which taken together shall constitute one and the same document. [Signatures on the following page] Roaring Fork Meadows LLC, a Colorado Limited Liability Company By: Ned S. Hol • s Ines s - nts, Inc., its manager By: / /[1 ‘ - /d Ned . Holm - Dated Chairman and CEO The Ned S. Hol s Profit Sh. ing Plan 1 BY: 1. Ned THolmes, o- rustee - Dated By: ice) L. �� 1 41 1 Ii Kathleen E. Temme, Co- Trustee Dated Pitkin County Boa rd of Co\t_y Commissioners Dat [Notaries on the following pages] 5 STATE OF TEXAS ) ) ss. COUNTY OF HARRIS ) The foregoing instrument was acknowledged before me this ' day of j h e , 2010 by Ned S. Holmes, Chairman and CEO of Ned S. Holmes Investments, Inc., manager of Roaring Fork Meadows LLC on behalf of Roaring Fork Meadows, LLC, a Colorado Limited Liability Company. Witness my hand and official seal. My commission expires y-a?5-a) /4' j (6-1/C— , f " G9? y (-7 G N : ya D. ELLEN FEINGOLD STATE OF TEXAS } ▪ '` MY CO MMISSION EXPIRES - ` April 25, 2014 ) SS. COUNTY OF HARRIS ) • The foregoing instrument was acknowledged before me this r day of 2010 by Ned S. Holmes, Co- Trustee of The Ned S. Holmes Profit Sharing Plan. Witness my hand and official seal. My commission expires d5 -a7D e9//,/,(_ Notary Public STATE OF TEXAS ) ss. ' COUNTY OF HARRIS ) _ `- £ MY O ELLEN FEINGOLD y , : COMMISSION EXPIRES `Rl„S Aplil25, 2014 --�� The foregoing instrument was acknowledged .e or- �- day of c›T; 1 c° , 2010 by Kathleen E. Temme, Co- Trustee of The Ned S. Holmes Profit Sharing Plan. Witness my hand and official seal. My commission expires 1-16"z* �� Notary Public D. ELLEN FEINGOLD j ��t�",y , ; MY COMMISSION EXPIRES ° '' ' Apr 25, 2014 STATE OF %mk) COUNTY OF /Gi ) The foregoing instrument was acknowledged before me this day of Ju , 2010 by the Pitkin County Board of County Commissioners. Witness my hand and official seal. My commission expires 7 -/ ti -- 0 All , i t 4 A g ot. u F.r 'e `OW ! IN I Nor op„ n- ;., C tC cbi sa 07/17r20 '`o 1