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File #: 13-0332    Version: 1 Name:
Type: Agendas Status: Passed
File created: 6/10/2013 In control: Board of Aldermen
On agenda: 5/20/2014 Final action: 5/20/2014
Title: CUP Minor Modification by the Legends AIS Homeowners Association to reclassify affordable units as market-rate PURPOSE: The Legends AIS Homeowners Association has submitted an application requesting a modification to their Conditional Use Permit to allow the designated affordable units in the subdivision to be converted to market-rate units per specific arrangements described in this report. In order to fulfill their request, an associated text amendment to the LUO is required.
Attachments: 1. Attachment A-Resolution Legends Minor Modification, 2. Attachment A-1-Resolution Legends Text Amendment Referral, 3. Attachment B-Homeowner letter, 4. Attachment C-Legends (aka Jones Property) AIS recorded CUP, 5. Attachment D-original pricing, 6. Attachment E-GS 105-277.17, 7. Attachment F-Permit Modification Proposal from HOA, 8. Attachment G - CHT letter re Legends proposal May 2014, 9. Attachment H-Market Analysis, 10. Attachment I-Draft Text Amendment relating to Affordable Housing_5-14-2014
TITLE: Title
CUP Minor Modification by the Legends AIS Homeowners Association to reclassify affordable units as market-rate

PURPOSE: The Legends AIS Homeowners Association has submitted an application requesting a modification to their Conditional Use Permit to allow the designated affordable units in the subdivision to be converted to market-rate units per specific arrangements described in this report. In order to fulfill their request, an associated text amendment to the LUO is required.
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DEPARTMENT: Planning

CONTACT INFORMATION: Jeff Kleaveland (918-7332)

INFORMATION: On behalf of the owners' of the designated affordable homes of the Legends AIS subdivision, their homeowners' association has submitted a request to modify the Legends conditional use permit to allow these affordable units to be converted to market rate units via a proposal detailed in this report. These units are not managed by the Community Home Trust (or any other such agency) and several of the owners are finding that the arrangement, because of expensive HOA dues and other factors, threatens their ability to remain in their homes. See the attached letter from one of the homeowners for reference (Attachment B).

Background:
The Legends AIS Conditional Use Permit was issued on August 22, 2006 (Attachment C). The affordable units in this development were constructed pursuant to the LUO provisions of Section 15-182.4 Residential Density Bonuses for Affordable Housing. This section allows the developer to build bonus market-rate units if a corresponding deed-restricted affordable unit is constructed.

At the time of Legends permitting, Section 15-182.4 did not include the current, more detailed ordinance provisions which in effect prescribe professional management of the affordable units such as is provided by the Community Home Trust (CHT). Therefore, the Legends developer was responsible only for deed restricting the units for a period of 99 years and selling...

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