HomeMy WebLinkAbout1.24 2015 Affordable Housing Plan Lake Springs Ranch
Subdivision Preliminary Plan & PUD Amendment June 2015
Exhibit 23 | Revised Affordable Housing Plan and Agreement
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AFFORDABLE HOUSING PLAN AND AGREEMENT
Lake Springs Ranch PUD
THIS AFFORDABLE HOUSING PLAN AND AGREEMENT (“Agreement”) is made
and entered into this _____ day of ____________________, 2015, 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 _______ recorded at
reception number _____ of the real estate records of the Garfield County Clerk and Recorder
and incorporated by this reference (“Development Approvals”).
B. The Development Approvals require Owner to make available for sale twelve (12)
affordable housing (“AH”) units.
C. The Final Plat for Filing __ of the PUD must be approved pursuant to the LUDC.
D. Article 8 of the LUDC shall govern the AH units, including but not limited to the
quantity, size, sale and re-sale of the units, to be constructed by the Owner, or its successors or
assigns, in the PUD.
E. This Agreement has been submitted by Owner and reviewed by the GCHA and the
BOCC as part of the Final Plat Application for the PUD.
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 (12) AH units shall be located as set forth on the
Final Plat recorded at reception number ___________ 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 @ 700sf each (minimum)
2 Bedroom Townhouse Units - 7 @ 950sf each (minimum)
3 Bedroom Townhouse Units - 1 @ 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 building.
Each unit owner will be a member of the Lake Springs Ranch Homeowners Association and will
have access to the amenities associated with common area of the PUD, as provided for in the
Declaration of Covenants, Conditions, Restrictions and Easements (the “Covenants”) for the
D:\Users\TGM\Project Files\Berkeley LSR\2015 PUD Amendment\Application\2015 Affordable Housing Plan.docx.doc
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 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 five filings (excluding the conserved area which
constitutes Filing 1), as shown on the Phasing Plan included in the Final Plat submission. The
proposed affordable housing units will be constructed in accordance with the following schedule:
Filing 2: 14 Free-market Lots x 15% = 1 AH Unit
Filing 3: 27 Free-market Lots x 15% = 3 AH Units
Filing 4: 20 Free-market Lots x 15% = 2 AH Units
Filing 5: 37 Free-market Lots x 15% = 4 AH Units
Filing 6: 19 Free-market Lots (new) x 15% = 2 AH Units
4. Categories of AH units. The AH units are assigned the following categories pursuant to
8-302(A) of the LUDC:
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. The initial deed restriction and agreement for these AH units has been
recorded as part of the Final Plat approval, at reception number____________ of the real estate
records of the Garfield County Clerk and Recorder, incorporated by this reference.
6. Security. Security for construction of these units is incorporated in the Improvements
Agreement for the PUD and Subdivision, recorded at reception number ____of the records of the
Garfield County Clerk and Recorder and incorporated by this reference.
7. AH Guidelines. The Affordable Housing Guidelines set forth in Division 4 of Article
VIII of the LUDC, as amended, shall apply to the AH units.
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. Modifications. This Agreement may be amended only with the approval and written
consent of all parties hereto.
D:\Users\TGM\Project Files\Berkeley LSR\2015 PUD Amendment\Application\2015 Affordable Housing Plan.docx.doc
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:
B y :
Clerk to the Board Chairman
D a t e :
OWNER
BERKELEY FAMILY LLLP
B y :
Miriam Berkeley, General Partner
Date: _____________________________________
STATE OF )
) s s
C O U N T Y O F )
Subscribed and sworn to before me this ___ day of _______________, 2015, by Miriam
Berkeley, as General Partner for the Berkeley Family LLLP, a Colorado limited liability limited
partnership.
WITNESS my hand and official seal.
N o t a r y P u b l i c
GARFIELD COUNTY HOUSING
A U T H O R I T Y
B y :
A u t h o r i z e d S i g n a t o r y
Date: _____________________________________
STATE OF )
) s s
C O U N T Y O F )
D:\Users\TGM\Project Files\Berkeley LSR\2015 PUD Amendment\Application\2015 Affordable Housing Plan.docx.doc
Subscribed and sworn to before me this ___ day of _______________, 2015, by
____________________________________, an authorized signatory for the Garfield County
Housing Authority, a Colorado quasi-governmental agency.
WITNESS my hand and official seal.
N o t a r y P u b l i c