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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITIGN
COUNTY, COLORADO, APPROVING A MINOR AMENDMENT TO A
DEVELOPMENT PERMIT REGARDING THE
NORTH FORTY PUD SUBDIVISION
Resolution No.LJL-2001
RECITALS
1. Several potential homeowners of the North Forty PUD Subdivision requested that
the Board of County Commissioners of Pitkin County, Colorado ("BOCC") consider
a minor amendment to a development permit to amend a condition of approval of
the North Forty Detailed Subdivision approval and were granted such an approval
per Resolution No. 99-117 on June 9, 1999, to increase the maximum resale cap
from $275,000 up to $325,000.
2. Several homeowners approached the BOCC at a worksession on July 24, 2001 to
request an additional increase of the $325,000 maximum resale price up to
$400,000.
3. The BOCC heard this application at a regularly scheduled public meeting on
September 12, 2001, at which time evidence and testimony were presented with
respect to this consideration.
4. The BOCC determined that the proposed amendment was in the public interest
and met the criteria of the Land Use Code for a minor amendment to a
development permit.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Pitkin County, Colorado, that it does amend Resolution No. 99-117 related to the North
40 PUD Subdivision as follows, subject to the following language which shall run with the
land and be binding on all successors in interest, as long as the initial owner signed the
Amendment to the Master Deed Restriction:
1. Condition No. 14.e. of Resolution No. 98.99 and Condition No. 1 of Resolution No.
99-117 to read, "The 12 lots to be sold for no more than $75,000 (as described
in 14.a.) shall be restricted to a maximum initial resale cap of$400,000, or the
actual construction cost, plus land cost, whichever is less, plus the
allowable price appreciation for RO units as specified in the 1996/1997
Housing Authority Guidelines, after construction of the home. The 12 lot
owners shall sign the Amendment to the Master Deed Restriction 90 days
after receiving Certificate of Occupancy in order to have the ability to
increase the maximum sales price to $400,000 . If one of the 12 lot owners
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has already received Certificate of Occupancy, the lot owner will have 90
days from the date of this approval to sign the Amendment to the Master
Deed Restriction. if the lot owner has not signed the Amendment to the
Master Deed Restriction in the allotted time stated above, the $325,000 cap
will apply.
2. All other conditions of Resolution No. 98-99 shall remain in full force and effect.
APPROVED AND ADOPTED ON THE 12TH DAY OF SEPTEMBER, 2001.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
ST:
By:
Mick Ireland, airpe on
J nette Jones
D puty
Clerk
an Recorder
APPROVED AS TO FORM RECOMMENDED FOR ADOPTION:
John E Cindy Houben r
Co my Attorney Community Development Director
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