HomeMy WebLinkAboutbocc.res.105.2019RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, AMENDING RESOLUTION 38-2019 APPROVING THE EAGLE
RIDGE, LLC REQUEST TO ACCEPT A THREE-BEDROOM HUNTER CREEK UNIT
DEED RESTRICTED TO CATEGORY 3, AND RELIEVE THE APPLICANT FROM THE
REQUIREMENT TO PAY THE $148,595.50 FEE -IN -LIEU
Resolution No. !K-2019
RECITALS
1. Eagle Ridge, LLC ("Applicant") has applied to the Board of County Commissioners of
Pitkin County, Colorado ("BOCC") to amend Resolution 38-2019 to approval to accept a three-
bedroom Hunter Creek unit deed restricted to Category 3, and relieve the Applicant from the
requirement to pay the $148,595.50 cash -in -lieu fee.
The Applicant's lot is zoned R-30 and contains 1.36 acres.
3. Said lot is located at 715 Willoughby Way, and more specifically described as Lot 1, Cheek
Subdivision.
4. The BOCC approved Resolution 38-2019, Reception No. 656817, eliminating the affordable
dwelling unit, approving a buy -down unit off-site, deed restricting the purchased unit to Category 3,
and requiring a $148,595.50 fee -in -lieu.
5. The Applicant has purchased a three-bedroom unit off-site and intends to deed restrict that
unit to Category 3. The Applicant requests that the $148,595.50 fee -in -lieu is waived because the
newly purchased unit is larger than the original two-bedroom Category 1 unit on Lot 1 of the Cheek
Subdivision. The cash -in -lieu equivalent for a Category 3 three-bedroom unit exceeds what is
required for a Category 3 two-bedroom unit; more full time equivalent employees (FTEs) are
housed.
6. The APCHA Staff has reviewed the amendment recommends that this is a decision to be
made by the BOCC considering that the County will lose a Category 1 two-bedroom unit; however,
the APCHA program will gain a Category 3 three-bedroom unit.
7. The BOCC heard this application at their regular meeting on December 18, 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 $148,595.50 fee -in -lieu because the
difference in the cash -in -lieu rate between a two-bedroom unit and three-bedroom unit offsets the
shift from a Category 1 deed restricted dwelling unit to a Category 3 deed restriction.
9. 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 is consistent with the policies of APCHA.
10. The BOCC further finds that the applicant's commitment to purchase a free market unit
within Aspen's UGB and deed restrict that unit to a Category 3 deed restriction is consistent with the
policies of Pitkin County.
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RECEPTION#: 662772, R: $0.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 3, 02/14/2020 at 01:55:56 PM
Janice K. Vos Caudill, Pitkin County, CO
Resolution No. les -2019
Page 2
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby grant the
amendment to accept a three-bedroom Hunter Creek unit deed restricted to Category 3, and relieve
the Applicant from the requirement to pay the $148,595.50 cash -in -lieu fee requirement of
Resolution 38-2019 recorded as Reception No. 656817, 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 d., as follows:
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. 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 and b.
d. 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 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 deed restriction shall run to the benefit of Pitkin County and include a preference for
County employee occupancy.
3. Pitkin County shall have a purchase option for the unit, which option shall expire on January
15, 2020.
4. The Applicant shall adhere to all material representations made in public hearings and in the
application.
Resolution No. /Oh' -2019
Page 3
APPROVED AND ADOPTED on the 181 day of December 2019.
to Jones
to the BOCC
APPROVED AS TO FORM:
n El
ounty Attorney
Case #P019-19
PID #273512106001
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COU XTY, COLORADO
B \
y f�r g Poschman, Chairman
Date z
APPROVED AS TO CONTENT:
Cindy ouben, UU
Com unity Development Director