May 3, 2023
Aldasoro Ranch Exempt From County Impact Fees!
San Miguel County staff researched the HOC’s assertion that Aldasoro Ranch is exempt from the Employee Housing Mitigation Fees by investigating the history of the original Aldasoro Planned Unit Development (PUD), as well as applicable County Land Use Codes in effect at the time of PUD approval.
At issue was whether the deed restriction of 15% of the lots within the Aldasoro Ranch PUD for employee housing were intended to satisfy employee housing mitigation required by the Land Use Code.
It was determined by the County Planning Director, Kaye Simonson, that no Employee Housing Mitigation Fees are due from Aldasoro Ranch owners. This exemption was confirmed by the Board of County Commissioners this week during a 2-1 vote stating no Employee Housing Mitigation Fees will be due for an Aldasoro Ranch owner who appealed the fee.
Moving forward, owners that submit a building permit application to the County Building Department should carefully review the schedule of fees to confirm impact fees are not included. Please send a copy of your building permit to the HOC for auditing purposes to ensure the County is complying.
The HOC is considering options to better understand our path forward to recover impact fee refunds on behalf of Aldasoro Ranch homeowners that were incorrectly charged and subsequently paid the fee at time of permitting. Stay tuned!
April 20, 2023 - County Planning Director Agrees With Exemption
Planning Commission Director, Kaye Simonson, updated the Planning Commission on the BOCC’s review of Aldasoro Ranch’s assertion to be exempt from Impact Fees.
“Aldasoro pointed out to us that we should not be collecting affordable housing impact fees from Aldasoro Ranch properties because they have already mitigated their affordable housing, and that is in fact correct. We will make sure we stop doing that, and we are still working through the details.”
When asked if the exemption is specific only to Aldasoro or is there other subdivisions that are exempt by giving the County land, Kaye responded saying “Aldasoro Ranch, Mill Creek PUD, and Ranches at Deep Creek Mesa, all dedicated land to affordable housing. It’s an evolving situation, but I don’t think there are any other subdivisions that are exempt.”
April 19, 2023 - BOCC Statement - EXEMPTION is Correct
Following an executive session during the BOCC meeting on April, 19, 2023, Commissioner Waring read the following statement “Our preliminary research indicates that we believe the assertion that Aldasoro Homeowners Company has made is correct. We agree that there is an issue certainly, and we have identified conflicting language in our PUD and our impact mitigation fee documentation. We are directing staff to continue research to better understand to make it right. We will have a public discussion of this matter ASAP in order to come to resolution. “
April 5, 2023 - HOC Claims Impact Fee Exemption
The Aldasoro Ranch Homeowners Company asserts exemption from the application of the employee housing mitigation impact fee because the employee housing impacts of the Aldasoro Ranch development were previously mitigatated by deed restrictions placed on 15% of the lots in Aldasoro Ranch at the time the PUD was approved. Therefore, development of any lot within Aldasoro Ranch cannot be subjected to or conditioned upon the payment of a second impact fee.