HomeMy WebLinkAbout1.0 Staff report BOCC 12.14.2011PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW: Text Amendment to the Unified Land Use Resolution of 2008, as Amended, in
regards to Article 8, Affordable Housing, Section 8 -102, Applicability
APPLICANT: Board of County Commissioners
DATE: December 14, 2011
I. PROPOSAL DESCRIPTION
The Board of County Commissioners (Board) has requested an amendment to the Unified Land Use
Resolution of 2008, as amended (ULUR) for Article 8, Affordable Housing, Section8 -102, Applicability. At
an October 17th meeting, the Board initiated the text amendment process to modify the applicability of
Article 8 that includes the requirements for 1) the threshold or size of development that triggers the
housing requirement; 2) the percentage of the development that is required to be affordable; and 3) the
geographical area in which the requirement applies. The modifications submitted by the Board for the
text amendment process are as follows:
1) Threshold.
Proposed Amendment: Residential subdivisions 15 units /lots and greater.
2008 ULUR: Residential subdivisions 5 units /lots and greater.
2000 Code: Those requesting a higher development density than allowed by the zoning.
2) Percentage.
Proposed Amendment: 10% of all Tots /units.
2008 ULUR: 15% of all lots /units.
2000 Code: 10% of all lots /units.
3) Geography.
Proposed Amendment: Study Area 1 from 2000 Comprehensive Plan (Map attached).
2008 Code: County -wide.
2000 Code: Comprehensive Plan Study Area 1 (Roaring Fork Valley).
Together, these proposed amendments to Section 8 -102 would result in the following section on
applicability:
SECTION 8 -102 APPLICABILITY.
These requirements for affordable housing shall apply to all land use change applications in
Garfield County, such that 4 -510% of the lots proposed in the development shall be developed
with affordable housing units. This regulation shall apply to all developments proposing 15 fie
(5} or more lots +e and that are located within Area 1, as shown in Figure: 8 -1, Garfield County
except as modified in Section 7 602, Affordable Housing Standards /Rural Land Development
Exemption. These requirements shall apply to residential applications including rental housing,
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not commercial applications. In computing this requirement, any fraction of a unit lot above
.504 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.
Comprehensive Plan Study Areas,
Gar Keld County, Colorado
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Figure 8:1 Map Showing Area 1
II. BACKGROUND - EXISTING AFFORDABLE HOUSING PROGRAM
The County first adopted an affordable housing requirement in 2000 at which time the County required
10% of all residential lots /units to be affordable in developments that requested a higher density that
allowed by zoning and that were located within Study Area 1 (Roaring Fork Valley). In 2008, the County
modified its regulation such that 15% of the lots /units proposed in a development are required to be
affordable housing units. The current regulation applies to all developments proposing 5 or more lots in
Garfield County, excluding rural land development exemptions whereby the standard is waived for 10 or
fewer lots.
Since the original adoption of the affordable housing regulations, there have been 43 units constructed
or purchased under this program. Of these 43 units, 7 are currently available for purchase at a price of
approximately $230,000. All units are managed by Garfield County Housing Authority and they report, to
date, none of these units have been foreclosed upon. Amongst a variety of other qualifying metrics, the
unit prices are based off of the Area Median Income which for 2011 is $75,800 for a 4 person household.
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III. AUTHORITY — ULUR CRITERIA
Section 4- 202(A)(8) outlines the procedures for consideration of a Land Use Code Text Amendment
request to the ULUR. The criteria for approval of a Land Use Code Text Amendment are as follows:
a. Compliance with Comprehensive Plan and Intergovernmental Agreements.
The proposed text amendment is consistent with applicable provisions of the Garfield County
Comprehensive Plan and any intergovernmental agreements affecting land use or
development or an approved amendment to the Comprehensive Plan prior to the decision on
the text change.
b. Compliance with Statutory Provisions.
The proposed text does not conflict with State statutory provisions regulating land use.
IV. STAFF ANALYSIS
a. Compliance with Comprehensive Plan and Intergovernmental Agreements.
The County's recently adopted Comprehensive Plan 2030 contains a full section (Chapter 3,
Section 2) dedicated to the discussion on housing within Garfield County. These Goals, Policies
and Strategies should be reviewed to determine if the proposed text amendment is consistent
with the applicable provisions of the Comprehensive Plan. There are no IGAs that will be
affected by this land use code text amendment.
The Comprehensive Plan lists the specific housing Goals, as follows:
1. To bring about a range of housing types, costs, and tenancy options, that ensure for
our current and future residents affordable housing opportunities in safe, efficient
residential structures.
2. Mixed use Rural Centers are encouraged in locations that can be served by transit.
The Comprehensive Plan lists the specific housing Policies, as follows:
1. Garfield County is committed to take appropriate, cost - effective measures to assure
that new development contributes its fair share to providing housing affordable to
those that live and work in the county.
2. Accessory Dwelling Units are included within the overall and use density as described
in the Land Use Table shown on the Future Land Use Map.
3. Garfield County will consider expanding the current inclusionary housing regulations
to address affordable rental housing.
4. Encourage providing affordable housing in areas where cost - effective transportation
exists (as appropriate to income scale).
5. Encourage provision of affordable housing closer to where jobs are located.
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The Comprehensive Plan lists the specific housing Strategies, as follows:
1. Work with municipalities and Garfield County Housing Authority (GCHA) to allow
sale /transfer of affordable units to urban locations.
2. Encourage development within Urban Growth Areas that can best provide affordable
living.
3. Coordinate efforts with the GCHA and municipalities to foster regional housing goals.
4. Work with GCHA to develop mechanisms to monitor the effectiveness of the county's
affordable housing requirement, and adjust as necessary.
5. Work with municipalities to explore allowing required affordable housing to be
constructed where urban services are available to lower the overall cost of living of
affordable housing residents.
6. In areas designated or appropriate for neighborhood centers, allow and encourage
subdivision of existing large lots into smaller lots (with neighborhood input and
support).
7. Explore as an incentive for small cluster development subdivisions, a higher threshold
for requiring affordable housing.
b. Compliance with Statutory Provisions.
This proposed text amendment does not conflict with State Statutory provisions regulating land
use.
V. PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed the proposed text amendment at their December 14th meeting and
voted (5 -2) to recommend approval of the proposed text amendment with one additional revision that
included the change from .50 to .51
In computing this requirement, any fraction of a unit lot above .59-1 will be rounded up
and any fraction of a unit lot less than .50 will be rounded down.
V. RECOMMENDATION
The Board should review the recommendation, conduct a public hearing and motion to continue, deny,
modify or approve this text amendment. If approved, the Board should authorize the Chair to sign the
attached resolution approving this text amendment.
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