HomeMy WebLinkAbout1.31 Revised AH PlanLake Springs Ranch
Subdivision Preliminary Plan/PUD Amendment December 2025
Exhibit 31 | Revised Affordable Housing Plan
AFFORDABLE HOUSING PLAN AND AGREEMENT
Lake Springs Ranch PUD
THIS AFFORDABLE HOUSING PLAN AND AGREEMENT (“Agreement”) is made
and entered into this _____ day of ____________________, 2018202 , by and between THE
BERKELEY FAMILY LLLP, a Colorado limited liability limited partnership (“Owner”), the
GARFIELD COUNTY HOUSING AUTHORITY (“GCHA”), and the BOARD OF COUNTY
COMMISSIONERS OF GARFIELD COUNTY COLORADO (“BOCC”).
RECITALS
A. Owner owns certain real property in Garfield County, Colorado that is legally described in
the Planned Unit Development and Preliminary Plan approvals from the BOCC for the Lake
Springs Ranch PUD, as amended (the “PUD”), under the provisions of the Garfield County Land
Use and Development Code, as amended (“LUDC”), Resolution 20162025-35 __ recorded at
reception number 876660 ________ of the real estate records of the Garfield County Clerk and
Recorder and incorporated by this reference (“Preliminary Plan Approvals”).
B. The Preliminary Plan Approvals require Owner to make available twelve ten (1210)
affordable housing (“AH”) units pursuant to Division 3 of Article 8 of the LUDC. The Filing
2____ final plat includes 14 84 residential lots, which under the provisions of Division 3 of
Article 8 of the LUDC, requires the provision of one ten (10) AH units.
C. The Final Plat for Filing 2 ____ of the PUD was approved pursuant to the LUDC on May
____ 21__, 2018 202_ by the BOCC pending signature and recordation of the final plat mylar
and several other supporting documents, including this Affordable Housing Agreement. The
Filing 2 __ final plat approvals are memorialized in BOCC Resolution Nos. 2018202_-31 at
reception number 907522____.
D. Article 8 of the LUDC shall govern the AH units, including but not limited to the quantity,
size, sale, re-sale and rent of the units, to be provided by the Owner, or its successors or assigns,
in the PUD.
E. A draft of this Agreement was submitted by Owner and reviewed by the GCHA and the
BOCC as part of the Final Plat Application for Filing 2 of the PUD. Condition three of
Resolution 2018-31 required certain amendments to this Affordable Housing Agreement which
have been incorporated herein.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Location of AH Units. The twelve ten (1210) AH units shall be located on Tract A as set
forth on the Second Third Amendment to the Preliminary Plan of Lake Springs Ranch PUD
recorded as Exhibit B _ of BOCC Resolution No. 2016202 -35 __ at reception number 876660
____ of the records of the Garfield County Clerk and Recorder and incorporated by this reference.
2. Mix of AH Units. The number and mix of AH units has been calculated pursuant to
Sections 8-102 and 8-301(A) and (B), LUDC, and is as follows:
1 Bedroom Townhouse Units - 4 2 @ 700sf each (minimum)
2 Bedroom Townhouse Units - 7 6 @ 950sf each (minimum)
3 Bedroom Townhouse Units - 1 2 @ 1,200sf each (minimum)
The proposed units will be a mix of one and two-story townhomes depending on the bedroom
count. The lot size for each unit will be equivalent to the footprint of the buildingis depicted on
the Filing _ Final Plat. Each unit owner will be a member of the Lake Springs Ranch Homeowners
Association and will have access to the amenities associated with the common area of the PUD,
as provided for in the Declaration of Covenants, Conditions, Restrictions and Easements (the
“Covenants”) for the PUD, as amended. The units will be built with exterior materials reflecting
the character of the free-market homes within the PUD as defined in the Covenants and the PUD
Guidelines for the PUD. Covered parking equivalent to one space per unit will also be provided.
Additional on-site surface parking will also be provided per the parking requirement specified in
the Lake Springs Ranch PUD Guide. in an amount equivalent to one space per dwelling unit plus
one-half space per unit for guest parking.
3. Schedule for Construction and Completion. The schedule for construction and
completion of the AH units in relation to the construction and completion of the overall
development is as follows:
The project is intended to be constructed in a single filing. The first AH unit must be completed
at the same time as the certificate of occupancy is issued for the first free-market unit(s).
Thereafter, one AH unit must be completed for every nine free-market units before a certificate
of occupancy is issued for the ninth free-market unit in each sequence. This sequence results in
the final AH unit being completed at the issuance of the CO for the 82 nd free-market unit. The
following examples are provided for clarity. This sequence is intended to define the most
conservative pacing for provision of the AH units. The developer can provide AH units in any
sequence which results in the units being provided more quickly that would the sequence
described herein.
AH Construction Sequence
First AH Unit: Must be completed before or at the same time a certificate of occupancy is
issued for the first free-market unit(s).
Second AH Unit: To be completed prior to issuance of a certificate of occupancy for the
10th free-market unit.
Third AH Unit: To be completed prior to issuance of the certificate of occupancy for the
19th free-market unit.
Ongoing Recruitment: Pattern continues for every nine additional free-market units .
The project is intended to be constructed in five filings (excluding the conserved area which
constitutes Filing 1), as shown on the Phasing Plan included in the Final Plat submission. The
proposed AH units will be constructed in accordance with the following schedule:
Filing 2: 14 Free-market Lots x 10% = 1 AH Unit (see Para 9 below re: interim unit)
Filing 3: 27 Free-market Lots x 10% = 3 AH Units
Filing 4: 20 Free-market Lots x 10% = 2 AH Units
Filing 5: 37 Free-market Lots x 10% = 4 AH Units
Filing 6: 19 Free-market Lots (new) x 10% = 2 AH Units
4. Categories of AH units. The AH units are assigned the following categories pursuant to
8-302301(AC) of the LUDC:
Category I: 1 - 1 BR Townhome, 1 - 2 BR Townhome
Category II: 1 - 1 BR Townhome, 1 - 2 BR Townhome, 1 - 3 BR Townhome
Category III: 3 - 2 BR Townhomes, 2 - 3 BR Townhomes
Category #1: 2 - 1 Bedroom Townhomes
Category #2: 3 - 2 Bedroom Townhomes & 2 - 1 Bedroom Townhomes
Category #3: 4 - 2 Bedroom Townhomes & 1 - 3 Bedroom Townhome
5. Deed Restriction. An initial deed restriction and agreement shall be executed by the
parties and recorded in the real property records of Garfield County, Colorado against the AH
Units prior to recording of the final plat for Filing 3; provided, however, that at the time of issuance
of the certificate of occupancy for an AH Unit, the deed restriction recorded against such AH Units
shall be amended, if necessary, to reflect any changes to the deed restriction that are approved by
the GCHA. The original executed and recorded deed restriction(s), including any amendments
thereto, shall be returned to GCHA subsequent to recordation. Each deed restriction for an AH
Unit shall be effective in perpetuity, subject to any early termination provisions provided for in the
deed restriction, or such shorter period of time agreed to in writing by the parties.
6. Security. Security for construction of these units will be incorporated in the Subdivision
Improvements Agreement (SIA) of the applicable final plat beginning with Filing 3. No security
is needed for the interim unit associated with Filing 2 since the AH unit for this Filing will be
satisfied initially through the deed restriction of an existing unit located on the property. Security
for the permanent AH unit associated with Filing 2 will be incorporated in the SIA for Filing 3.
7. AH Guidelines. The Affordable Housing Guidelines (Guidelines) set forth in Division 4
of Article 8 – Appendix A of the LUDC, as amended, shall apply to the AH units. The GCHA is
responsible for administering many of the provisions under Division 4Appendix A of Article 8 of
the LUDC and the Owner agrees to cooperate with the GCHA as necessary to ensure compliance
with the Guidelines. The Owner will work in cooperation with the GCHA to complete the initial
sale of the AH units within the PUD and will provide the GCHA with necessary marketing
materials at least 120 days prior to the estimated completion of any AH units. The Owner will
hold at least one open house prior to the lottery for the sale of the units. The Owner understands
and agrees that future resale of the units will be handled by the GCHA in accordance with the
Guidelines.
8. Homeowner Association Dues. Homeowner Association (“HOA”) dues for AH units
shall be prorated as compared to HOA dues owed by market-rate lot owners. HOA dues for AH
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 AH units, or by a formula proposed
by the applicant and approved by the GCHA and the BOCC. If prorated HOA dues are not
possible, then the HOA dues for AH units shall be a maximum of 75 percent of the HOA dues
owed by market rate unit owners.
9. Interim Rental Unit for Filing 2. As an interim solution for providing the required AH
unit associated with Filing 2, the Owner will deed restrict an existing dwelling unit located on the
Lake Springs Ranch property, subject to an inspection of the unit by the Garfield County Building
Department and a finding that the unit meets building code requirements and is safe for occupancy.
This unit will hereafter be referred to as the Interim AH Unit. Pursuant to condition 3a of the
BOCC resolution approving the final plat for Filing 2 (Resolution No. 2018-31 recorded at
Reception No. 907522) the Interim AH Unit will be deed restricted and made available for rent at
the time grading begins on the Filing 2 infrastructure improvements. If, for any reason, Filing 2
is not developed, no AH unit will be required for Filing 2, and the Interim AH Unit will not be
deed restricted. The deed restriction will specify that the Interim AH Unit can only be used as a
rental AH unit subject to the requirements and limitations of Article 8 of the LUDC and that
occupancy of the Interim AH Unit will be managed by the GCHA. The Owner will be responsible
for all other maintenance and repairs associated with the Interim AH Unit, including snow removal
for the driveway that provides access to the unit.
Prior to recording the deed restriction for the Interim AH Unit, the Owner will execute an
Affordable Housing Management Agreement (AHMA) with the GCHA. The AHMA will address
in more detail the roles and responsibilities for management of the Interim AH Unit, including
maintenance, snow removal and enforcement of all terms and conditions in the AHMA. The deed
restriction will include a provision stating that the restrictions on the Interim AH Unit will only be
lifted when a permanent replacement unit has been completed and is certified for occupancy by
Garfield County. Unless Filing 2 is not developed for any reason, in which case no AH unit will
be required for Filing 2, the permanent replacement unit will be constructed during the development
of the next subdivision filing after Filing 2, which is currently planned to be Filing 3.
The estimated schedule for construction and completion of the 12 AH units in relation to the
proposed construction and completion of the overall development is addressed in Section 3 of this
Agreement. While the exact date when Filing 3 will be developed is not yet known, so long as
Filing 2 is developed, the permanent AH unit for Filing 2 will be completed within 18 months of
ground breaking for the Filing 3 improvements or by May 1, 2023, whichever comes first.
The permanent unit will be a one-bedroom, for-sale townhome to be constructed on Tract A
of the PUD. The Interim AH Unit is a one-bedroom cabin, containing 600 square feet and meets
all requirements for an AH unit pursuant to Article 8 of the LUDC. The Interim AH Unit will be
rented at the Category 2 level. The permanent unit will also be a Category 2 unit and will represent
one of the two Category 2 townhomes identified in Section 4 (Categories of AH Units) of this
Agreement.
Pursuant to Section 8-201.A.7 of the LUDC, this paragraph includes additional guidelines to
address details for the administration and on-going affordability for the Interim AH Unit. Rental
of the Interim AH Unit will comply with Sections 8-404.C (2 through 5) and 8-404.E of the LUDC.
However, the lease term for the Interim AH Unit will differ from Section 8-404.C.4 as follows;
the maximum rental period will be 1 year. In addition, the lease for the Interim AH Unit will
include a provision clarifying that the lease can be terminated with 3-months’ notice when the
permanent unit has been completed and approved for occupancy. The Owner may elect to continue
to rent the Interim AH Unit to the current occupant once the permanent unit has been approved for
occupancy and the deed restriction on the Interim AH Unit has been lifted. However, the Owner
would be under no obligation to do so and would no longer be bound by the limitations of Article
8 of the LUDC. The rental rate for the Interim AH Unit will be set by the GCHA pursuant to the
considerations identified in Section 8-404.E of the LUDC and input from the Owner. The rental
rate will not be allowed to be raised during the initial lease period. The rental rate may be raised
by the Owner when the lease is renewed but the increase may not exceed the annual percentage
change for rent of a primary residence based on the Consumer Price Index for the Denver-Boulder-
Greeley area.
10.9. Modifications. This Agreement may be amended only with the approval and
written consent of all parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
first above written.
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
ATTEST:
By:
Clerk to the Board Chairman
Date:
OWNER
BERKELEY FAMILY LLLP
By:
Miriam M. Berkeley, General Partner
Date: _____________________________________
STATE OF )
) ss
COUNTY OF )
Subscribed and sworn to before me this ___ day of _______________, 201820__, by
Miriam Berkeley, as General Partner for the Berkeley Family LLLP, a Colorado limited liability
limited partnership.
WITNESS my hand and official seal.
Notary Public
GARFIELD COUNTY HOUSING
AUTHORITY
By:
Authorized Signatory
Date: _____________________________________
STATE OF )
) ss
COUNTY OF )
Subscribed and sworn to before me this ___ day of _______________, 201820__, by
____________________________________, an authorized signatory for the Garfield County
Housing Authority, a Colorado quasi-governmental agency.
WITNESS my hand and official seal.
Notary Public