HomeMy WebLinkAboutbocc.res.038.2019 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO,APPROVING THE EAGLE RIDGE,LLC REQUEST TO
ELIMINATE THE AFFRODABLE DWELLING
.S� UNIT DEED RESTRICTION
Resolution No.W-2019
RECITALS
1. Eagle Ridge,LLC ("Applicant") has applied to the Board of County Commissioners of
Pitkin County, Colorado("BOCC")to eliminate the affordable dwelling unit deed restriction that
encumbers an existing attached unit,in exchange for a fee-in-lieu or buy-down of an existing off-site
unit.
2. The Applicant's lot is zoned R-30 and contains 1.36 acres.
3. Said lot is located at 715 Willoughby Way,and is more specifically described as Lot 1,
Cheek Subdivision.
4. The BOCC approved the Cheek Subdivision General Submission/PUD and Special Review
Approval in 1981,Resolution No. 81-125,Reception No. 237842 and Subdivision Final Plat in 1982,
pursuant to Resolution No. 82-72. Growth Management allotments for five new lots were created
and four lots were required to provide"one low income,restricted unit. Two of the restricted units
shall be two-bedroom units containing between 700-800 square feet each and the remaining two
restricted units will be three-bedroom units of at least 1000 square feet each." They were to be
constructed concurrent with the free market residence. Lot 4 was considered the fathering parcel and
was not required to provide a low-income deed restricted unit.
5. The single family residence on Lot 1 was built in 1995. The affordable dwelling unit was
built concurrent with the residence and a Deed Restriction was recorded against the property
(Reception#376978—Exhibit 2 in the application).
6. The APCHA Board reviewed the proposal at their regular Board meeting and recommend
the approval to release the deed restriction by satisfying the Category 1 two-bedroom mitigation
requirement by providing a buy-down approved by APCHA at the Category 3 rate with an additional
fee of$148,595.50 to be paid to satisfy the Category 1 restriction.The buy-down unit must also meet
the Marketability Standards(Appendix I)as stated in the Guidelines.
7. The BOCC heard this application at their regular meeting on June 12,2019,at which time
evidence and testimony was presented with respect to the application.
8. The BOCC finds that it is appropriate to eliminate the affordable dwelling unit because the
BOCC finds that to allow a buy-down of a unit off-site is an appropriate alternative to the on-site
unit.
9. The BOCC finds that it is appropriate to require that an additional$148,595.50 fee-in-lieu be
paid to satisfy the difference between a Category 1 and Category 3 deed restriction.
10. The BOCC further finds that the applicant's commitment to purchase a free market unit and
deed restrict that unit to a Category 3 deed restriction and a cash-in-lieu payment is consistent with
the policies of APCHA.
SIIII VIIIVIII VIIIVIII VIII IIII III IIIIIIIIVIIIVIIIIIIIIII IIIIII
RECEPTION#:666817,R: $0.00,D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 3,06/24/2019 at 09:07:34 nt
Janice K.Vos Caudill,Pitkin County, CO
Resolution No.V 3 2019
Page 2
NOW,THEREFORE,BE IT RESOLVED by the BOCC that it does hereby grant
approval to eliminate the affordable dwelling unit deed restriction recorded as Reception No.
376978, subject to the following conditions,which shall run with the land and be binding on all
successors in interest:
1. Within one year of the date of this approval, and prior to the release of the current
affordable dwelling unit deed restriction,the Applicant shall complete both a. and b. and
c. and be subject to e., as follows:
a. Be under contract to purchase a buy-down unit approved by APCHA at the
Category 3 rate as mitigation to eliminate the Category 1 affordable housing
dwelling unit restriction. The buy-down unit must also meet the Marketability
Standards (Appendix I) as stated in the Guidelines. APCHA Staff will work with
the Applicant prior to purchase completion to provide guidance on necessary
updates.
b. The buy-down unit must be within the Aspen Urban Growth Boundary.
c. Pay to the County an additional fee of$148,595.50 or the applicable fee based
upon the Guidelines at the time of payment to satisfy the Category 1 deed
restriction.
d. The applicant shall maintain the existing unit configuration and convert the unit
to a Caretaker's Dwelling Unit and file an updated deed restriction with APCHA
upon accomplishing A,B, and C.
e. The Applicant may be granted an extension of six to twelve months by the
Community Development Director to allow for the procurement and delivery of a
suitable APCHA Staff approved unit, or to allow for the existing tenant to
complete their current lease in keeping with APCHA guidelines, or due to any
unforeseen building permit or remediation issues. Such request will be submitted
in writing and reviewed administratively by Community Development Staff. The
unit must remain in compliance with the deed restriction.
2. The Applicant shall adhere to all material representations made in public hearings and in the
application.
Resolution No.O,74-2019
Page 3
APPROVED AND ADOPTED on the 12th day of June,2019.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN CO Y,COLORADO
By
• ST: G g Poschman,Chairman
n
Date 6/2 L)//
Jea :tte Jones '
Clef to the BOCC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
i-t--(1 110Cr\- -
John Ely, Cin ouben,
County Attorney Community Development Director
Case#P019-19
PID#273512106001