HomeMy WebLinkAbout2.0 Staff Report 10.18.10Exhibits for Public Hearing held on October 18, 2010 for a Text Amendment
Regard ing Affordable Housing
Exhibit Letter
(AtoZl
Exhibit
A Staff Memorandum dated 1011812010
B Letter from the Garfield County Housing Authority
c Proposed Lanquage for Articles 4 and 8
D Garfield County Comprehensive Plan of 2000
E Garfield County Unified Land Use Resolution of 200fl as amended
F Proof of Publication
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EXHIBIT
TO:
FROM:
RE:
DATE:
MEMORANDUM
Garfield County Board of County Commissioners
Fred A. Jarman, AICP, Director, Building & Planning Department
Text Amendments to the Unified land Use Resolution of 2008, as amended
specifically regarding refinements to Article lV: Review Procedures & Article
Vll I : Affordable Housing
October 78,2O7O
l. Background
The Garfield County Housing Authority (GCHA) met with County Planning Staff to discuss
several areas of concern in administering the County's Affordable Housing Regulations. This
memorandum includes a letter from the GCHA which describes the impetus for these
changes which is attached as Exhibit A. The specific amendments, as they would appear in
approved, are also contained in Exhibit B with a brief summary of the proposed changes
below:
1. Section 8-401 & 8-402 Additional Category of Eligibility
Proposed Change: Add a third priority category for "Applicants who will become fulltime
residents of Garfield County by participation in this program. This request is based on the
current economic situation and to accommodate applicants who are seeking to become
Garfield County residents.
Homes in the affordable housing program are sold first to income-qualified families working
fulltime in Garfield County and then secondly to current residents of Garfield County. This
new floor category would be open to income-qualified families seeking to become residents
of Garfield County. This request is ensure sales in a down economy, stabilize families who
will likely seek jobs closer to where they live, and recognizes the mobility of jobs in a
regional economy.
2. Section 8-401(AX4)
proposed Change: lncrease asset cap to 5150,000. Asset limit of 5150,000 is used by other
AH programs in the County (Town of Carbondale program) and thus creates consistency.
GCHA has had several requests from older buyers to raise the asset cap for qualification
purposes.
3. Technical Changes
A. Proposed Change: Section 8-401: Add language to clarify income requirement
across three AMI categories. This information is currently in 8-302 and should be
repeated for clarification.
B. Proposed Change: Section 4-202 Add language that the Garfield County Housing
Authority has the authority to propose changes to Article Vlll.
C. Proposed Change: Section 8-a0a(B): Clarify that permissible financing excludes
more than tOO% financing of the sale price of the home.
D. Proposed Change: Section 8-302: Remove 5% down payment assumption in
initial pricing formula. This assumption in the initial pricing formula for homes in
the program was carried over from the first version of these guidelines.
Removing this assumption will lower the initial price of AH homes. Permissible
financing by buyers is addressed elsewhere in the guidelines (8-4048).
E. Proposed Change: Section 8-102 and 8-201(A): Clarify applicability to all
residential applications, exclude commercial. This clarifies that Article Vlll applies
to all residential development (for-sale & rental), but not commercial
development (see 8-201A).Additionally, this language responds to the June
passage of H81017 which permits developers to voluntarily enter into affordable
rental housing agreements with governments to satisfy inclusionary housing
ordinances. Prior to this bill, the Telluride Case had discouraged most affordable
rental housing options due to the CO statute prohibiting rent control.
II. PLANNING COMMISSION RECOMMENDATION
The Planning Commission forwarded a recommendation of approval to the Board of County
Commissioners with the following findings:
L. That the public hearings before the Planning Commission and Board of County
Commissioners were extensive and complete, that all pertinent facts, matters and issues
were submitted and that all interested parties were heard.
2. That the application has met the public notice and public hearing requirements of the
Garfield County Unified Land Use Resolution of 2008, as amended.
3. That the proposed text amendments have been determined to be in the best interest of
the health, safety, morals, convenience, order, prosperity and welfare of the citizens of
Garfield County.
4. The proposed text amendments are consistent with applicable standards of the Unified
Land Use Resolution of 2008, as amended, and complies with the Garfield County
Comprehensive Plan of 2000, as amended.
5. The proposed text amendments do not conflict with State statutory provisions
regulating land use.
III. RECOMMENDED MOTION
"l will make a motion to approve the proposed amendments to the Unified Land Use
Resolution of 2OO8, as amended which are attached as Exhibit A with the findings set forth
below:"
1. That the public hearings before the Planning Commission and Board of County
Commissioners were extensive and complete, that all pertinent facts, matters and
issues were submitted and that all interested parties were heard.
2. That the application has met the public notice and public hearing requirements of
the Garfield County Unified Land Use Resolution of 2008, as amended.
3. That the proposed text amendments have been determined to be in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
4. The proposed text amendments are consistent with applicable standards of the
Unified Land Use Resolution of 2008, as amended, and complies with the Garfield
County Comprehensive Plan of 2000, as amended.
5. The proposed text amendments do not conflict with State statutory provisions
regulating land use.
GARFPD couNrY HousrN" orr,t,r,
'I 430 F Railroad Avenue
Phone (970) 625-3589 or (BBB) 627-3589
May 19,2010
Fred Jarman
Director, Building and Planning
108 Bth Street, Suite 401
Glenwood Springs, CO 81601
RE: Changes to Article Vlll Affordable Housing
Dear Fred:
The Garfield County Housing Authority (GCHA) would like to suggest a few
changes to Article Vlll after working with the revised article since adoption in fall
2008. The most significant change is to add an additional category of eligibility for
applicants working outside the county but who would become Garfield County
residents upon purchase. This suggestion is driven by the current economic
climate and tightening lending requirements. At all times, GCHA would offer
homes first to applicants in priority category one (full-time Garfield County
employees), second to priority category two (full-time residents) and only then to
this suggested third category. The remaining requests are technical in nature.
We appreciated our meeting on May 11,2010 to discuss these changes. County
Attorney Deb Quinn suggested a few additional technical changes which we have
also incorporated to this request.
We are providing a red-lined version of Article Vlll for your review and forward to
the BOCC. We are available to answer any comments or questions about these
suggestions. Thank you.
Geneva Powell
Executive Director
EXHIBIT
Rifle, CO 81650
Fax (970) 625-08s9
Sincerely,
fu'*o^*
Summarv of Suqqested Ghanqes to Article Vlll
1.8-401 & 8-402 Additional Category of Eligibility
Add a third priority category to full-time employees not working for a
Garfield County based employment source and who are not residents of
Garfield County. Upon purchase of an affordable housing unit, these
applicants would become Garfield County residents. This request is based
on the current economic situation and to accommodate applicants who are
seeking to become Garfield County residents.
2.8-401.A.4
lncrease asset cap to $150,000.
3. Technical Ghanges
A. 8-401 Add language to clarify income requirement across three AMI
categories. This information is currently in 8-302 and should be repeated
for clarification.
B. 4-202 Add language that the Garfield County Housing Authority has the
authority to propose changes to Article Vlll.
C. 8-404.B Clarify that permissible financing excludes more than 100%
financing of the sale price of the home.
D. 8-302 Remove 5% downpayment assumption in initial pricing formula.
E. 8-102 and 8-201Clarify applicability to all residential applications,
exclude commercial.
EXHIBITL!oog
Section 8-lO2Applicability. These requirements for affordable housing shall apply to
all land use change applications in Garfield County, such that 15% of the lots proposed
in the development shall be developed with affordable housing units. This regulation
shall apply to developments proposing five (5) or more lots in Garfield County except as
modified in Section 7-602, Affordable Housing Standards/Rural Land Development
Exemption These requirements shall apply to residential applications includinq rental
housing, not commer ln computing this requirement, any fraction of a
unit lot above .50 will be rounded up and any fraction of a unit lot less than .50 will be
rounded down. [Provided however that the number of units required under this Article
shall not apply to non-expired Preliminary Plans approved by the BOCC under the
Zoning Regulations of 1978, as amended and Subdivision Regulations of 1984, as
amended.l (Resolution 2009-53) (Resolution 2009-87).
Section B-z0lApplication Submittal Requirements. The applicant shall submit the
following materials in addition to submittal requirements for application and review of the
proposed land use.
A. Affordable Housing Plan and Agreement. The applicant shall submit an
Affordable Housing Plan that includes the following provisions.
The proposed location of the affordable housing units.
The proposed number and unit mix of residential units to satisfy the
requirements for affordable housing, based upon the provisions of
Section 8-301 , Computation of Number and Unit Mix of Affordable
Housing Units.
The proposed schedule for construction and completion of the affordable
housing units in relation to the proposed construction and completion of
the overall development.
The proposed breakdown of affordable housing units by Category, based
on provisions of Section 8-303, Execution of Deed Restriction by
Applicant, including the proposed lot size and square footage size of each
unit.
5. The proposed forms of deed restriction and any other documents
necessary to comply with the requirements of this Article.
6. The proposed mix of ownership or rental housinq units. Any rental
housing proposal will require additional guidelines not codified herein.
1.
2.
3.
4.
8-5GaRrIeIo CouI.ITY UuIrIeo LAND USE RESOLUTIoN oF 2008, AS AMENDED
The applicant would be resp*onsible for proposing such quidelines
including details for administration, on-ooinq affordability, and other
deta.ilg. The pro-posed quidelines would be subiect to approvd by Ihe
Board of Countv Commissioners.
The proposed method of security to the County that will insure
construction of the affordable housing units.
a. Secured by Bond. A bond or other security acceptable to the
Board, in an amount acceptable to the Board of County
Commissioners to ensure the required number of affordable
housing units are constructed, and
b. Secured by Ratios for Permit lssuance. Provisions in the
adopted Affordable Housing Agreement which require that
building permits for ten (10) free-market houses may only be
issued after a building permit for one affordable housing unit has
been issued in Comprehensive Plan Study Areas 1 thru 5.
c. Another method of securing construction of the affordable housing
units acceptable to the Board of County Commissioners.
The proposal for compliance with all provisions of the Affordable Housing
Guidelines maintained by the Garfield County Housing Authority (GCHA)
or other Approved Affordable Housing Entity (AAHE).
Section 8-302Pricing of Affordable Housing Units
A. Area Median lncome (AMl) Categories Required. The average price for all
affordable housing units to be provided shall be dispersed over a range of the Area
Median lncome (AMl) levels for low and moderate income families as published annually
by HUD for Garfield County^ Applicants shall provide housing in the following three
categories, in accordance with the distribution described below.
1. 20 percent of affordable housing units required in Category I - Units priced
to 70o/o AMl, sold to 80% AMI households or less;
2. 40 percent of affordable housing units required in Category ll - Units priced
to 90% AMl, sold to 100% AMI households or less,
3. 40 percent of affordable housing units required Category lll - Units priced to
110% AMI, sold to 120% AMI households or less.4. Exceptions: lf three or fewer affordable housing units are required by this
Article, then the first unit required will be a Category ll unit and the second
unit required will be a Category lll unit and the third unit will be a Category I
unit. Similarly, if the number of affordable housing units required by this
Article results in a fraction when multiplied by 40% or 20o/o (see required
distribution of units above), then the Applicant must provide the greatest
number of affordable housing units as Category ll units, followed by Category
b.
7.
lll, and lastly Category l. For example, if 16 affordable units are required,
40o/o of 16 results in 6.4 Category ll units. The Applicant should then provide
7 Category ll units, 6 Category lll units and 3 Category I units.
B. lnitial Sales Price of Affordable Housing Units. The initial sales price for each
affordable housing unit shall be calculated by the GCHA and the Board of County
Commissioners based on the following assumptions:
Principle, interest, mortgage insurance, taxes, homeowners insurance
and homeowner association dues not to exceed 33% of gross monthly
household income based on family size determined by chart below. 80o/o
of that amount is estimated for principle and interest and 20% is
estimated for mortgage insurance, taxes, homeowners insurance and
homeowner association dues. lf actual costs are available, they may be
used in place of this 80-20 ratio.
A F+nety4ve*(95)-percen{,lea+-te-vaiue, 3O-year mortgage based on a
trailing interest rate calculated an average of the previous 18 months
interest rates. The GCHA shall calculate the trailing interest rate.
The price shall include a landscaped lot and the unit shall be of
comparable quality with similar fixtures (e.9. dishwashers, disposals, air
conditioning, and energy efficient windows) to market rate units.
Number of persons by bedroom configuration used to establish sales
price:
1
2.
3.
4.
Number of bedrooms,
Non-detached structure
AMI Household Size for lnitial
Sales Price Determination
Studio 1 person household
1 2 phh
2 2.5 phh
3 3 phh
4 3.5 phh
Number of bedrooms,
S i n g le-family detached
AMI Household Size for lnitial
Sales Price Determination
2 3 person household
3 4 phh
4 5 phh
5 6 phh
4.HOA dues for affordable housing units shall be prorated as compared to HOA
dues owed by market rate unit owners. HOA dues for affordable housing units
shall be prorated by either average lot size or average unit size in comparison to
market rate lots and/or units, whichever results in the lower cost for the
affordable units, or by a formula proposed by the applicant and approved by the
GCHA and the Board of County Commissioners. lf a prorated HOA is not
possible, then the HOA dues for affordable housing units shall be a maximum of
75 percent of the HOA dues owed by market rate unit owners. The applicant will
include these calculations in the Affordable Housing Plan.
The initial sales price will be calculated by GCHA12O-days from anticipated
Certificate of Occupancy.
Example lnitial Sales Price Calculation:
3-bedroom single-family unit, 4 person household,
80% AMI = $51,200 in 2007
$51 ,200 / 12 months = $4, 267 gross monthly income
33% of $4,267 = $1,408
80% of $1,408 = $1,126 (principle & interest)
20% of $1,408 = $282 (moftgage insurance, taxes, insurance, HOA)
18 months of trailing interest rate as calculated by GCHA = 6.37%
5.
6.
4
Lean Sa&s orice anoanl = $176,766
6%L+V=4,9€04
W
Section 8-40l Determination of Qualification to Purchase Affordable Housing Units. The
following considerations shall be applied to qualify an applicant for affordable housing.
A. Requirements for Determination of Qualified Applicant.
1. Non Discrimination. Determination of qualification for an affordable housing
unit shall be made without regard to race, color, creed, religion, sex, handicap,
disability, national origin, familial status or marital status.
2. Resident Qualification. The applicant is a fulltime resident of Garfield County.
To qualify as a fulltime resident, the applicant shall live at least nine (9) months
a year in the County.
3. Employment Qualification. The applicant is employed full{ime by a Garfield
County based employment source, which is a business whose business address
is located within Garfield County, whose business employs employees within
Garfield County, who work in Garfield County, and whose business taxes are
paid in Garfield County. lf an employer is not physically based in Garfield County,
an employee must be able to verify that they work in Garfield County a minimum
of 1664 hours (min 32 hours/week) per calendar year for individuals, businesses
or institutional operations located in Garfield County. To qualify as a full-time
employee, the following criteria shall apply.
a. A person who works or will work at least 32 hours per week for a Garfield
County based employment source.
b. A person who has been recruited to work at least 32 hours per week for a
Garfield County based employment source.
c. The applicant is a retiree and was employed full-time at least 32 hours
per week for a Garfield County Based employment source for the four (4)
years prior to the date of application.
d. The applicant is disabled and was employed fulltime at least 32 hours
per week for a Garfield County Based employment source for the two (2)
years prior to the date of application.
4. Financial Qualification. The applicant has an annual gross household income
equal to or less than the Area Median lncome for the cateoorv unit(s) for sale.
Category I units are sold to households earning 80% AMI or less; Cateqorv ll
units are sold to households earning 100% AMI or less; and Categorv lll units are
so,ld to households earnins'120% AMI or less. ln addition, The applicant has a
cumulative net worth, minus qualified retirement assets (as determined by the
IRS), not in excess of ${€8SOO $150,000 and satisfies the income criteria set
forth in this Article.
Section 8-402 Application and Review Procedures for Determination of Qualified
Applicant
A. Materials for Determination of Qualified Applicant. Application shall be made to the
GCHA" The following materials shall be required for proof of residency, income, assets and
employment by allfamily members. The GCHA may require additional materials as appropriate.
1. Federal Tax returns for last 2 years.
2. Current income statements in a form approved by the GCHA.
3. Current financial
4. lf current income is less than the previous tax return by twenty (20) percent or
greater, the income will be averaged based on the current income and previous
tax return to establish an income category.
5. Verification of employment or offer of employment by a Garfield County based
employment source.
6. Evidence of legal residency (landlord verification, Colorado Drivers License,
phone service, vehicle registration, voter registration).
7. Divorce or Support Decree.
8. A signed release for the GCHA to access the loan application submitted to the
Lender.
B. Review and Determination of Qualification. The GCHA shall be responsible for
application review and determination of qualified applicants.
1. Determination of Qualification or Non-Qualification. The GCHA shall
determine whether the family is a qualified applicant for affordable housing units
developed in compliance with this Article.
2. Notice of Determination. The GCHA shall provide written notification of a
Determination of Qualified Applicant.
3. Determination of Non-Qualification. The GCHA shall provide written
notification of a Determination of Non-Qualified Applicant. The writteh notice
shall contain the following information.
a. A statement of the reason(s) for the decision.
b. A statement that the applicant may request a review of the decision by
following the grievance procedures described in this Article.
C. Priority of Qualified Applicants. The GCHA shall assign all qualified
three priorities. Those who qualify for both categories one and two will
Category One.
I applicants one of
fall within Priority
A.
1. Priority Category One. Applicants that are employed by a Garfield County
based employment source as defined in Article 8-401(A)(3)(a-c).
2. Priority Category Two. Applicants that are fulltime residents of Garfield
County.
3. Priority Cateqory Three. Applicants
emBlevmenl-pg$oe _eqts-ide-€arfield-Geun+y-and who will be_comg _Lull{im-e
residents of Garfield Countv by participation in this program.
Section 8-404 Other Requirements
Co-Ownership and Co-Signing
1. Any co-ownership interest other than joint tenancy or tenancy in common must
be approved by GCHA.
2. Co-signers may be approved for ownership of the affordable housing unit but
shall not occupy the unit unless qualified by GCHA.
Permissible Financing Any Qualified Applicant who is selected to purchase an
Affordable Housing unit is responsible for selection of their preferred financing option(s).
However, the GCHA or County may require that financing be obtained from an institutional
lender, or a bank, savings and loan association, or any other lender which is licensed to engage
in the business of providing purchase money mortgage financing on residential real property. ln
addition, any financing used to purchase an Affordable Housing unit must be a conventional or
portfolio program that offers fixed or intermediate variable rate terms designed for entry-level
buyers. Sub-prime and non-conforming products are not permitted. Financinq more than 100%
gf the qale AriAe iE n The GCHA shall be permitted to request financing documents
for verification purposes and to withdraw Qualified Applicant status if financing is contrary to
these guidelines.
B.
7
Fred Jarman
From: Mary Borkenhagen [mborkenhagen@postindependent.com]Sent: Thursday, September 09, 2010 9:16 AMTo: Fred JarmanSubject: RE: Public Notice to BOCCAttachments: Fred BOCC t File.pdf; Fred BOCC Receipts.pdf
Good Morning Fred-
Post for September 16th. There is no charge for the notice to run in the Post, I have attached copies for
you to review.
Have a great day.
Vr.r*t * f:. B.r.ll.r"t"o+er*
Legals Clerk
Post lndependent. Citizen Telegram . Aspen Times Weekly. Snowmass Village Sun
(970)945-8515 ext 16705 Fax: (970)945-85'18
Mailing Address: Legals @ Post lndependent
2014 Grand Ave. . Glenwood Springs, CO 81601-4162
legals@postindependent,com
GPI - 1% Business Days Prior to Publication
RCT - Friday @ Noon for Thursday Publication
DEADLINES nrw - MonJay @ 5:00 for Sunday Publication
SVS- Friday @ Noon for Wednesday Publication
Please consider the environment before printing this e-mail
From: Fred Jarman [mailto:fiarman@garfield-county.com]
Sent: Thursday, September 09, 2010 7:53 AM
To: Mary Borkenhagen
Subject: Public Notice to BOCC
Hi Mary,
Here's a notice for you. lt needs to run in the Citizen Telegram on or before September 18th. Let me know if you need
anything else.
Thanks.
Fred
Your legal notice regarding the BOCC hearing on October 18th has been set in both the Citizen and the
EXHIBITf
5557082 O"r"W .11AMTime
PUBLIC NOTICE
TAKE NATICE that the Director of the Garf ield
County Building and Planning Department is
proposing certain amendments to the Text of the
Garf ield County Unif ied Land Use Resolution of
2008, as amended. The Garf ield County Board of
County Commissioners in a noticed public hearing
will consider the following amendments to Article
Vlll of the Unified Land Use Resolution of 2008. as
ame nded: Affordable Housi ng:
1) Amend Section 8-402 to add an additional
category (Priority Category Three) of eligibility
for applicants working outside the county but
who would become Garf ield County residents
upon purchase;
2) Amend Section 8-102 to clarify that these
regulations apply to residential applicationsincluding rentals, but not commercial
applications;
3) Amend Secticn 8-201(AX6) to clarify how'rental housing'proposals will satisfy the
intent of the Affordable Housing regulations
proposed by an applicant; and
4) Amend Section 8-401tAX4) to increase the
Financial Gualification for net worth from
$100,000 to $150,000.
All persons affected by the proposed amendments
are invited to appear and state their views,protests or support. lf you can not appear
personally at such hearing, then you are urged to
state your views by letter, as lhe Board of County
Commissioners will give consideration to the
comments in deciding whether to recommend
approval of the proposed amendments. The draft
amendmonts may be reviewed at the office of the
Planning Department located at 108 Btti Street,4th
Floor, Garf ield County Plaza Building, Glenwood
Springs, Colorado between the hours of 8:30 a.m.
and 5:00 p.m., Monday through Friday.
This public hearing where the Board of County
Commissioner$ shall make a decision regarding
these amendments has been scheduled for
October 18th, 2010 at 'l:15 PM rryhich will be held
in the County Commissioners Meeting Room,
Garf ield County Plaza Building 108 8th Street,
Glenwood Springs, Colorado.
Published in the Citizen Telegram on September
16,2010. [5557082]
Ad shown is not actual print size
Thu, Sep 09, 2010
5557082
ACCI: 10086e3
PhOne' (e70)e45-8212
E-Mail:
Client:
Fred Jarman
Ad Ticket #5
Name:
Address:
B:12:39
Garfield County Building
108 8th Street - Ste 401
City: Glenwood SPrings
State: CO Zip:81601
Caller:
_Receipt
Ad Name:
Editions:
Start:
Color:
Copyline:
5557082A
8GT/8PI/8PIN/
09/16110
5557082 rct BOCC 10.18.10
Original ld: 0
Class: 0990
Stop: 09/16/10
lssue 1
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Lines: 52
Depth: 4.35
Columns: 1
Discount: 0.00
Commission. 0.00
Net. 0.00
Tax: o-00
Total 26.31
Payment 0.00