HomeMy WebLinkAbout3.0 Resolution 2010-85Irtt"ut mqu.*H,l ltfi ,t,i tlitl t rtt'(Jt+ lll i I I ll I
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STATE OF COLORADO
County of Garfield
AtaregularmeetingoftheBoardof,CountyCommissionersfo.rGarfieldCounty'Colorado'held
in the Commissioners' Meeting Roonr, Cu.f,"fa Cot-ty Courthouse' in Glenwood Springs on Monday
the 1 86 of October, 2010, there were present:
John.Martin ' C-ommissioner Chairman
t,tit" Su-ton ' C-ommissioner
Trlsi HouPt ' commissioner
D"t D"F"td ' Assistant County Attorney
Jean Alberico ' Clerk of-the Board
Ed Green (absent)' County Manager
when the following proceedings, among others were had and done' to-wit:
RESOLUTIONNO. floto'3{
A RJSOLUTION CONCERNED WITH THf,'. APPROVAL OF TEXT AMENDMENTS
TO ARTICLE IV: REYIEW PROCEI}T]RES & ARTICLE YITI: AFFORDABLE
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A]VIENDEDM0RESPECIFICALLYIDENTInEDINEXHIBITA
PARCEL NO#N/A
Recitals
A. The Director of the Building & Planning Department of Garfield county' colorado'
initiated specific Text Amendments to amend Art*icle iv: Review Procedrues & Article vIII:
Affordable nooriog-*ittir, the unified L*a ut" Resolution of 2008' as amended oLuR) as
more fully described in Exhibit A attached hereto to'
B. on September 8, 2010, the Planning Commission opened a pubtic hearing on the
propose.d Text Amendment and iorwarded a rlommendation of apptoual with changes to the
Board of CountY Commissioners'
c. on october 18,2010, the Board of county commissioners opened a-nullic hearing
upon the question of whether the Text Amendment sirould be approved, approved with changes'
or denied at wnicn Ue*ng the public and interested persons were given the opportunity to
"*pr"r. their opinion, ,.g.'ding the issuance of said Text Amendment'
D. The Board of county commissioners closed the public hearing on october 18' 2010 to
make a final decision.
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E- The Board on tlre basis of substantial competent evidence produced at the
aforementioned hearing, has made the foltowing determinations of fact:
l. That the 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 werr 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 atnended.
5. The proposed text amspdments do not conflict wittr State statutory provisions regulating
land use.
NOW, TIIEREFORE, BE IT RESOLVED by the Board of County Cornmissioners of
Garfield County, Colorado, that the Garfield County Unified Land Use Resolution of 2008, and
identified as its Resolution No. 08-115, as subsequently amended by this Board, shall be and
hereby is arnended as shown on the attached Exhibit A and said language will be incorporated
into the codified Garfield County Unified Land Use Resolution adopted on O"tob"r 136, 2-008:
D COUNTY BOARD OF
GARFIELD
Upon motion duly
following vote:
adopted by the
Mike Samson
Trdsi Hqurt
John Martin
this / i-1. dayof llooea,Lr ,2010
Clerk of the Board
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I, , County Clerk and ex-ofEcio Clerk of the Board of
county unty and state afo_resaid, do hereby certify that the
-]1"*"a and foregoing Resolution is truly "o!i"d
from the Records of the Proceeding of the
Board of County Co--issioners for said Garfield County, now in my office.
STATE OF COLORADO
County of Garfreld
INWITNESSWHEREOF,Ihavehereuntosetmyhandandaffixed the seal of said
County, at Glenwood Springs, this
-
day of A.D.2010.
County Clerk and ex-officio Clerk of the Board of County Commissioners
EXHIBIT A
(Note: Added language is shorn as c@!-ngd and deteted language is shown as being strjeke+{h+eu8h to the
praniously adopted provrsion in the ULUR')
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Section 4-2A2 Land Use Gode Text Amendment. Amendments to the text of
this Land Use Code shall be initiated by the Board of County Commissioners, the
Planning Commission, the Director or an applicant owning land which is the subject to
the proposed land use text change. The Garfield County Housino Authoritv may also
initiate chanqes to the text of this Land Use Code that are specifically related to
aflordable housino as ?dministered and reoulated in this Land Use Code.
Section 8-102 Applicability. These requirements for affordable housing shall
apply to all land use change applications in Garfield County, such that 15o/o of the lots
proposed in the development shall be developed with affoidable 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/Ruml Land
Development Exemption. These requirements shall apply to residential applications
including rental housino. not. commercial apolications. 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.J (Resolution 2009-53) (Resolution 2009-87).
Section 8-201 Application Submittal Requlrements. 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.
1. The proposed location of the affordable housing units.
2. The proposed number and unit mix of residential units to satisff the
requirements for affordable housing, based upon the provisions of Section
8-301, Computation of Number and Unit Mix of Affodable Housing Units.
3. The proposed schedule for construction and completion of the affordable
housing units in relation to the proposed construction and completion of
the overall developmenl.1. The proposed breakdown of afiordable 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 documenb
neoessary to comply with the requirements of this Article.6. The proposed mix of ownership or rental housino units. Anv renta! housing
oroposal will require additional ouidelines not codified. herein. The
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Commissioners.
L6. The foposeJ method of security to the County that will insure
construction of the affordable housing units'
a. SecureJ by Bond. A bond or other security acceptable -to
tle
Board,inanamountacceptabletotheBoardofCounty
commissioners to ensure the required number of affordable
housing units are construc{ed, and
b. secuted by Ratios for Permit lssuance. Provisions in the
aOoptJntf6rdable Housing Agreement which require that building
permls for ten (10) free-mJrket houses may only be issued after a
bui6ing permit ior'one affordable housing unit has been issued in
Comprehensive Plan Study Areas '1 thru 5'
c. Anotirer method of securing construction of the affordable housing
unitsacceptabletotheBoardofCountyCommissioners.
B.+. The propos"r ioi co.pliance with all provisions. gf th" Affodable Housing
Guidetines maintained by the Garlield County Housing Authority (GCHA)
or other Approved Affordable Housing Entity (AAHE)'
Section 8302 Pricing of Affordable Housing Units
A. Area Median lncome (AlJll) categories Required. The average price for all
affordable housing ,niiJ to Ue'proviOeA shall be dispersed over a range of the..Area
Ut"Ji"r, tncome [eUD evels for low and moderate income families as published
"n*iii, by HUD ior GarfielO County. Applicants shall provide housing in the folladng
tnree cate6ories, in accordance with the distribution described below:
1. IO percent of
"forO"Ut"
housing units required in Gategory I - Units priced to
TOro AMl, sold to 80% AMI households or less;
2. 40 percent of affordable housing units reQuired in category ll - Units priced
to gOTo AMl, sold to 100% AMI households or less,
3. 40 percent oiafiordable housing units required Category lll - Units priced to
11d% AMl, sold to 120olo 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 Categ6ry lll unit and the third unit will be a Category I
unit. Similarly, if the num6er- of affordable housing units_ required by this
Article results'in a fraction when muttiplied by 40o/o or 2OYo (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
lll, and tasity Category t. For example, if 'tG affordable units are required,
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4oo/o ot 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 Unib. The initia! sales price for each
affordable housing unit shall be calculated by the GCHA and the Board of County
Commissioners based on the following assumptions:1. Principle, interest, mortgage insuran@, 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 20Yo is estimated
for mortgage insurance, tiaxes, homeowners insurance and homeowner
association dues. lf actual costs are avallable, they may be used in place
of this 8G20 ratio.
2. A , 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.
3. The price shall include a landscaped Iot and the unit shall be of
comparable quality with similar ftxtures (e.9. dishwasherc, disposals, air
conditioning, and energy efiicient windows) to market rate units.
4. Number of persons by bedroom configuration used to establish sales
price:
Number of bedrooms,
Non-detached strucfure
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,
Sinole-familv detached
AMI Household Size for lnitial
Sales Prlce Eleterm ination
2 3 person household
3 4 phh
4 5 phh
5 6 phh
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
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the lower cost for the affordable units, or by a formula proposed !V tne
applicant and approved UV !hg. GCHA and the Board of County
Commissioners. f a prorateU HOA is not possible, then the HOA dues for
affordable rrousing units shall be a maximum of 75 percent of the HoA
dues owed Uy mJrtet rate unit owners. The applicant will include these
calculations in the Affordable Housing Plan'
5. The initial sales price will be calculated by GCHA12odays from
anticipated Certifi cate of Occupancy'
6. Example lnitialsales Price Calculation:
3-bedroom single'famity unit, 4 person household,
80% AMI= $51,200 in 2007
$51,200 / 12 months = $4,267 gross monthly income
33Yo of $4,267 = $1,408
80% of $1,4a8 = $1,126 (pinciple & intercst)
20% of $1,40A = $iAZ (ioftgage insunnce, taxes, insurance, HoA)
1B months of fiaiting inierest rute as calculated by GCHA = 6.37Yo
l+laa Sates orice€f,tesn{ = $176,766
5%LTV=$9;301
Sales Pdee - $184A70
section 8.101 Determination of Qualification to Purchase Afrordable Housing
Units. The foltowing ;""riJ"iations shall be applied to qualify an applicant for
affordable housing.
A. Requirements for Determination of Qualified Applicant
{. Non Discrimination. Determination of qualification for an affordable
nousing unit shall be made without regard to race, color, creed, religion,
sex, hanaicap, disability, national origin, familialstatus or maritalstatus.
2. nesiOeni eualification. fne applicant is a full-time resident of Garfield
County. TJ qrrfiry as a full-time'resident, the applicant shall live at least
nine (9) months aYear in the County'
3. Emp!-oyment Quitification. The applicant is .employed fulptime by a
Garfied -ounty based employment source, *q"h is a business whose
business address is locaied within Garfield County, whose business
emptoysemployeeswithinGarfieldCounty,whoworkinGarfieldCounty,
and whose business taxes are paid in Garfreld county. lf an employer is
not physically bas6d in Garfield Coun$'
an empbyLe'must'be able to verify that they work in Garfield County a
minimum'ot 16M hours (min 32 hoursAnreek) per calendar year-for
individuals, businesses or institutionat operations located in Garfield
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County. To qualiff 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 full-time at least 32
hours per week for a Garfield County Based employment source for
the two (2) years prior to the date of application.
Financial Qualification. The aoplicant has an annr/al qross household
inc-ome equal to or less than the Area Median lncome for the cateoorv
unit(s) for sale. Cateqorv I units are sold to households eamino 80% AMI
or less; Categorv ll units are sold to households eamino 100% AMI or
less: and Cateoorv lllunits are sotd to households eamino 120% AMI or
!ess. ln addit!.on. The applicant has a cumulative net worth, minus qualified
retirement assets (as determined by the IRS), not in excess of $4O0f0O
$150.000 and satisfies the income criteria set forth in this Article.
Section 84/012 Application and Review Procedures for lleErmlnation of
Qualified Appllcant
A. tlaterials for Determinatlon of Qualified Appllcant Application shall be made
to the GCHA. The following materials shall be required for proof of residenry, income,
assets and employment by all family members. The GCHA may require additional
materials as appropriate.1. Federal Tax retums for last 2 years.
2. Current income statements in a form approved by the GCHA.
3. Current financial
4. If cunent 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 retum 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.
o
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Iletermination of Qualificafion or Non-Qualification. The GCHA shall
Jetermine whether tf,"-t rify is a qualified applicant for affordable housing
units developed in compliance with this Article'
No6ce of Determin"*on. The GCHA shall provide written notification of a
Determination of Qualified Applicant'
Determination of Non-Ouitincation. The GCHA shall provide written
notification of a Determination of Non-Qualified Applicant. The written
notice shall contain the following information'
A statement of the reason(s) for the decision'
n ,t"tur"nt that the applicant may request a review of the decision
nV toliowing the grievance procedures described in this Article-
c. Priority of Qualified Appllcants. The GCHA shall assign allqualified.a-pplicants
one of three priorities. ino=" who qualiry for both categories one and two will fall within
Priority Category One.
l.Prioritycategoryone.Applicantsthatare3mRloyed.by.a.Garfield
County Uasea-emitoyment source as defined in Article 8401(AX3Xa-c)'
z. priorty Category Two. Applicants that are full-time residents of Garfield
2.
3.
a.
b.
County.
Section 8404 Other Requirementr
Co-OurnerrshiP and Go€igning
1. Any co-own"rinip in-tereJt other than joint tenanry or tenancy in common
muit Ue aPProved bY GCFIA.
2. co-signers ,"v u" approveo for ownership of t!e. affordable housing unit
but shall not oerupy the unit unless qualified by GCHA'
B. Permissible Financing Any Qualified Applicant who is-selected to purchase an
Affordabte Housing ,;ii i" ;;;i"nsiUl" for selec{ion of their preferred financing option(s)'
Ho*"r"r, tfre GCnn or County may require that. financing be obtained fr91. an
institutional lender, or a bank, t"ring. ind loan association, or any other lender which is
licensedtoengageinthebusinessofprovidingpurchaseTgneymortgagefinancingon
residential real property. ln addition,'any finZncing used to purchase -an Affordable
Housing unit must
-Ud a conventional- or portfollo program that offers fixed or
intermediate variable rate terms designed for entry-level buyers. Sub-prime and.non-
conforming products are- noi permlttei. Financinq. more than 100%.of th-e sale ol:ice is
noi p"-'rtid. The GCHA shall be permitteO to request financing documents for
verification purposes and to withdraw Qualified Applicant status if financing is contrary
to these guidelines.
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