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Home My WebLink About4.0 Resolution 2012-07.pdf1111 Ml".~o ~:rl11V~MI\ rtl~ l'f~ ~~~~llr.W.Ial/j ~~~~ IIIII Reception#: 814566 m2/14/2012 11:56:04 AM Jean Alberioo 1 of 6 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATEOFCOLORADO ) )ss. COUNTY OF GARFIELD ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the County Administration Building in Glenwood Springs on Monday, the 13th day of February, 2012, there were present: ~J""ohn""-"Ma"""rt""in'---~• Commissioner Chairman -!M:"i""ke":S""arn":""'so"'n~_, Commissioner -'T'-"o":'m_,Jan"""kou.vs.,kv"-~· Commissioner ~A,.n.,.dr,..ew~G"for!llg"'eyL...._,, County Attorney/Acting County Manager _,J"'ean"'-"'A"'lb,.en""· co,_ __ , Clerk to the Board when the following proceedings, among others were had and done, to-wit: RESOLUTIONNO.l2-.Q1 RESOLUTION IMPLEMENTING A BUILDING INCENTIVE BY TEMPORARILY MODIFYING APPLICATION OF AFFORDABLE HOUSING REQUIREMENTS FOR APPROVED FINAL PLAT AND NON-EXPIRED PRELIMINARY PLAN APPLICATIONS Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act. B. On October 13, 2008, the Board adopted Resolution No. 08-115 concerning a Unified Land Use Resolution for the County of Garfield, State of Colorado (ULUR). C. The Board is authorized by the provisions ofC.R.S. §§ 30-28-111 through 30-28- 116 and C.R.S. § 30-28-133 to provide for the approval of amendments to such ULUR. D. The Board is further authorized by the provisions ofC.R.S. § 29-20-101, et seq., to plan for and regulate the use of land, including permitting a temporary modification of certain land use regulations, to mitigate impacts on the community or surrounding areas. E. The purpose of this Resolution is not to amend the text of the ULUR, but rather to adopt a building incentive that temporarily affects application of Article VIII of the ULUR to approved land use change applications required to provide affordable housing. F. The Garfield County Planning Commission opened a public hearing on the 8th day of February, 2012, upon the question of whether to recommend that the Board approve or deny the above-described building incentive, at which hearing the public and interested persons were. given the opportunity to express their opinions regarding the proposed building incentive. 1 1111 MI"•~~~IW~MU N«OII~~II\o:l~'l:llllr.lo~H.~·~ IIIII R&ception#: 814586 02/14/2012 11:56:04 AM Jean Rlberico 2 or 5 Reo Fee:$0.00 Doc F•e:0.00 GRRFIELD COUNTV CO The Planning Commission closed the public hearing on February 8, 2012, and recommended approval. G. The Board opened a public hearing on the 13th day of February, 2012, upon the question of whether the above-described building incentive should be granted or denied. The Board closed the public hearing on February 13, 2012 and on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: i. Proper public notice via pUblication pursuant to Section 4-103(F) of the ULUR was provided as required by law for the hearings before the Planning Commission and the Board of County Commissioners. ii. The public hearings before the Planning Commission and Board of County Commissioners regarding the proposed building incentive were extensive and complete; all pertinent facts, matters and issues were submitted; and ·all interested parties were heard at those hearings. iii. The Garfield County Planning Commission has reviewed the proposed temporary building incentive and made a recommendation as requested by the Board and pursuant to Section 4-202(A)(3) of the ULUR, as amended, and C.R.S. § 30-28-112. iv. The building incentive does not conflict with State statutory provisions regulating land use. v. The proposed building incentive is in the best interest of the health, safety, convenience, prosperity and welfare of the citizens of Garfield County. NOW, TIIEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, State of Colorado, as follows: 1. All of the recitals set forth above are incorporated by this reference. 2. The Effective Date of this Resolution shall be March 1, 2012. This building incentive will expire on March 1, 2015 (combined, the "Incentive Period"). 3. This buildingjncentive applies to all Final Plats and nonexpired Preliminary Plans approved by the Board both prior to or after the Effective Date, so long as the developer meets the deadlines for "units built." 1111 W/1".1. ~:lliiiJ~Mll.IW.NI~.I-WW.II91'1:INI~Iri\IJ.~'II. IIIII Reception~: 814566 02/14/2012 11:56:04 AM Jean Alberico 3 of 6 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 4. For purposes of this Resolution "unit built" means a building permit is issued for the unit after the Effective Date, and a certificate of occupancy is issued for the same unit on or before March 1, 2015. 5. All residential units built during the Incentive Period, shall be exempt from calculations pertaining to affordable housing units. To determine thereafter the developer's affordable housing obligation, the number of "units built" as of March 2, 2015, shall be subtracted from the number of the lots approved in the development yielding a net number of lots approved. The affordable housing requirements calculated pursuant to Section 8-102, as it existed at the time the application was approved, shall be applied to the net number of lots .approved. 6. The lot allocated to an affordable housing unit that is excused as a result of compliance with this Resolution shall convert to a "free-market" unit lot, or a residential unit or lot that is not subject to deed restriction and may be sold on the free market. 7. The following examples demonstrate how this building incentive works: Example 1: Developer is approved to develop !Slots. Under the ULUR, 2 units must be affordable . housing units (15 x 10% = 1.5, rounded up to 2), and the remaining 13 units are free- market units. Developer completes 1 "unit built" on or before March 1, 2015. Developer's affordable housing requirement would be recalculated as follows: 15 lots approved-1 unit built= 14 14xl0%=1.4 1.4 would be rounded down to 1 affordable housing unit required By building 1 unit during the incentive period, developer's affordable housing obligation would be reduced to l unit, and the remaining 14 approved units would be free-market units. Example 2: Developer is approved to develop 74 units. Under the ULUR, 7 units must be affordable housing units (75 x 10% = 7.4), and the remaining 67 units are free-market units. Developer completes 15 "units built" on or before March 1, 2015. Developer's affordable housing requirement would be recalculated as follows: 3 .1111 Wfl'• ~:n,IW~M'~ltr ,I'IUI.I,.n:!oldr,~~~~rl~ ~~~ II II I Reception~: 814566 02/14/2012 11:66:04 ~M Jean Alb&rico 4 of 5 Rae Fee:$0.00 Dec Fee:0.00 GARFIELD COUNTY CO 74lots approved-15 units built= 59 59x 10%=5.9 5.9 would be rounded up to 6 affordable housing units required By building 15 units during the incentive period, developer's affordable housing obligation would be reduced to 6 units, and the remaining 68 units would be free-market units. Example3: Developer is approved to develop 200 lots. Under the ULUR, 20 units (or 10%) must be affordable housing units (200 x 10% = 20), and the remaining 180 units are free-market units. Developer completes 6 "units built" on or before March 1, 2015. Developer's affordable housing requirement would be recalculated as follows: 200 lots proposed -6 units built = 194 194 X 10% = 19.4 19.4 would be rounded down to 19 affordable housing units required By building 6 units during the incentive period, developer's affordable housing obligation would be reduced to 19 units, and the remaining 181 approved units would be free- market units. 8. The developer will not be required to submit an application for Amendment to an Approved Preliminary Plan or Amendment to a Final Plat in order to take advantage of this building incentive. However, the developer will be required to work with the Building and Planning Department to amend plats, plan documents, agreements, etc., as necessary, to reflect the modification in total number of affordable housing units applicable to the development. Any amended documents will be presented to the Board for approval at a public meeting. 9. Nothing in this Resolution shall be construed to relieve an applicant who applies for a land use change permit during the Incentive Period of the obligation to demonstrate compliance with the Affordable Housing requirements set forth in Article VIII of the ULUR, if it applies to the project. DATED this 13th day of February, 2012. II II Ml'•~~~~~~~!'iiii,IWI\ Nl~ I .. ~W~~ICII\U~ IIIII Reception~: 814366 02114/2012 11:56:04 AM Jean Rlberioo 6 of 5 Reo Fee: $0. 00 Doo Fee: 0. 00 GARFIELD COUNTY CO BOARD OF COUNTY COMMISSIONERS OF ATTEST: GARFIELD C , STATE OF COLORADO Upon motion duly made and seconded the foregoing Resolution was adopted by the fo owing vote: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Jolm Martin Aye Mike Samson. Aye Tom Jankovskv Aye Commissioners I, Jean Alberico, County Clerk and ex-officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certifY that the annexed and foregoing Resolution is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this_ day of , A.D. 2012. County Clerk and ex-officio Clerk of the Board of County Commissioners 5