HomeMy WebLinkAbout2.01 PUD Guide Updated 6-6-2023
Planned Unit Development Guide
June 6, 2023
BACKGROUND ............................................................................................................... 2
1 BUSINESS PARK ZONE DISTRICT (BP) ................................................................. 3
1.1 GENERAL PURPOSE AND INTENT ................................................................................................................... 3
1.2 PLANNED UNIT DEVELOPMENT MAP ............................................................................................................. 3
1.3 PERMITTED “BY RIGHT” USES BUSINESS PARK ZONE DISTRICT (BP) .................................................................... 3
1.4 DEVELOPMENT STANDARDS FOR BUSINESS PARK ZONE DISTRICT (BP) ................................................................. 3
2 RESIDENTIAL 1 ZONE DISTRICT (R1) ................................................................... 5
2.1 GENERAL PURPOSE AND INTENT ................................................................................................................... 5
2.2 PLANNED UNIT DEVELOPMENT MAP ............................................................................................................. 5
2.3 PERMITTED “BY RIGHT” USES IN THE RESIDENTIAL 1 ZONE DISTRICT (R1) ............................................................ 5
2.4 DEVELOPMENT STANDARDS FOR THE RESIDENTIAL 1 ZONE DISTRICT (R1) ............................................................ 5
2.4.1 Single Family Dwelling Units ............................................................................................................. 5
2.4.2 Attached Dwelling Unit ..................................................................................................................... 6
3 RESIDENTIAL 2 ZONE DISTRICT (R2) ................................................................... 6
3.1 GENERAL PURPOSE AND INTENT ................................................................................................................... 6
3.2 PLANNED UNIT DEVELOPMENT MAP ............................................................................................................. 7
3.3 PERMITTED “BY RIGHT” USES IN THE RESIDENTIAL 2 ZONE DISTRICT (R2) ............................................................ 7
3.4 DEVELOPMENT STANDARDS FOR THE RESIDENTIAL 2 ZONE DISTRICT (R2) ............................................................ 7
3.4.1 Single Family Dwelling Units ............................................................................................................. 7
4 COMMUNITY SERVICE FACILITY ZONE DISTRICT (CS) ...................................... 7
4.1 GENERAL PURPOSE AND INTENT ................................................................................................................... 8
4.2 PLANNED UNIT DEVELOPMENT MAP ............................................................................................................. 8
4.3 PERMITTED “BY RIGHT” USES IN THE COMMUNITY SERVICE FACILITY ZONE DISTRICT .............................................. 8
4.4 DEVELOPMENT STANDARDS FOR THE COMMUNITY SERVICE FACILITY ZONE DISTRICT .............................................. 8
5 ACCESS/UTILITIES/PARKING ZONE DISTRICT (AUP) ......................................... 9
5.1 GENERAL PURPOSE AND INTENT ................................................................................................................... 9
5.2 PERMITTED “BY RIGHT” USES IN THE ACCESS/UTILITIES/PARKING ZONE DISTRICT ................................................. 9
5.3 DEVELOPMENT STANDARDS FOR THE ACCESS/UTILITIES/PARKING ZONE DISTRICT .................................................. 9
6 PLANNED UNIT DEVELOPMENT FLOOR AREA AND DENSITY .......................... 9
6.1 BUSINESS PARK ZONE DISTRICT (BP) ............................................................................................................. 9
6.2 RESIDENTIAL 1 ZONE DISTRICT (R1) ............................................................................................................ 10
6.3 RESIDENTIAL 2 ZONE DISTRICT (R2) ............................................................................................................ 10
6.4 COMMUNITY SERVICE FACILITY ZONE DISTRICT (CS) ....................................................................................... 10
6.5 ACCESS/UTILITIES/PARKING ZONE DISTRICT (AUP) ....................................................................................... 10
7 AFFORDABLE HOUSING PLAN ............................................................................ 10
8 DEFINITIONS .......................................................................................................... 10
9 ARCHITECTURAL AND SITE PLAN REVIEW ....................................................... 13
Flying M Ranch Planned Unit Development Guide June 6, 2023
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Background
The Flying M Ranch Planned Unit Development is composed of a mix of potential
single family homes, multi-family homes, business park, and community service
facility uses. In general, the intent is to provide market driven flexibility for how each
parcel is developed, while addressing the density, allowed uses, dimensional
requirements, and development standards for each use. The Flying M Ranch
P.U.D. proposes to establish “Zone Districts” with accompanying regulations.
Development within the Flying M Ranch P.U.D. shall be governed by the regulations
and development standards set forth in this Flying M Ranch P.U.D. Guide.
Provisions for subdivision, use restrictions, standards, and density are set forth in
the following Zone Districts:
- Business Park Zone District (BP)
- Residential 1 Zone District (R1)
- Residential 2 Zone District (R2)
- Community Service Facility Zone District (CSF)
- Access/Utilities/Parking Zone District (AUP)
Effect of Garfield County Land Use and Development Code. The provisions of the
Garfield County Land Use and Development Code and the successors thereof as
now in effect and as hereafter amended, are by this reference incorporated herein
as if set forth in full, to the extent not divergent from the provisions of the Flying M
Ranch Planned Unit Development Zone Regulations.
The provisions of the Land Use and Development Code, as amended, shall prevail
and govern the development of Flying M Ranch PUD provided, however, where the
provisions of the Flying M Ranch PUD Zone Regulations do not clearly address a
specific subject, the ordinances, resolutions, or regulations of Garfield County shall
prevail. Definitions and uses established herein shall take precedence over
definitions and uses established in the Garfield County Land Use and Development
Code, as amended, whenever these regulations are applicable to the Flying M
Ranch PUD.
It is intended that for the Flying M Ranch P.U.D. Zone Districts the permitted uses
listed in the descriptions for each Zone District will also include all uses by right
permitted within the Garfield County Zone District known as Rural, as such uses are
described in the Garfield County Land Use and Development Code, as amended.
At such time, however, as any portion of the property comprising The Flying M
Ranch P.U.D. is subdivided as evidenced by the recording with the Clerk and
Recorder of Garfield County of a final, signed, approved subdivision plat for any
such portion of the property, any right to use such platted portion of the property for
any additional uses permitted by the Rural zoning shall automatically terminate, and
such platted property shall be zoned only for the permitted uses specifically
described in Zone Districts 1 through 5 following:
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1 Business Park Zone District (BP)
1.1 General Purpose and Intent
The purpose of the Business Park Zone District is an area specially designated to
accommodate a mix of business uses as identified in the permitted "By Right"
uses listed below. The Business Park Zone District is designed to provide
business locations that adjoin and are compatible with existing businesses in the
area and provide direct access to County Road 154 and Colorado State Highway
82. A limited number of dwelling units are also permitted as a “By Right” use to
promote a live/work opportunity for those employed within the business park.
1.2 Planned Unit Development Map
A Planned Unit Development Map identifying site access, vehicular circulation,
pedestrian circulation, parking, landscape, and open space for future development
of properties within this zone district has been submitted with the Planned Unit
Development and is attached to this document as an Exhibit.
1.3 Permitted “By Right” Uses Business Park Zone District (BP)
Veterinary clinic, kennel, riding stable, vehicle and equipment repair business,
storage facility, mini storage facility, professional office, retail/wholesale business,
general service business, fabrication business, eating or drinking establishment,
laundromat, car wash, parking lot or parking garage, park and ride, recycling
collection and waste transfer center, bus stop, business park residential dwelling
unit, employee housing, and accessory uses that are associated with and
supportive, secondary, and subordinate to the permitted uses in the Business Park
Zone District.
1.4 Development Standards for Business Park Zone District (BP)
All use of property in the Zone District 1 - Business Park shall conform to the
following standards:
- Minimum lot size: 20,000 SF
- Maximum Building Height: 35’
- Maximum Lot Coverage: 50%
- Minimum Front Setback: 25’
- Minimum Rear Setback: 5’
- Minimum Side Setback: 5’
- Residential Parking:
A minimum of 2 off street parking spaces must be provided for each dwelling
unit; this requirement may be satisfied by a garage, driveway, or parking
space. Additionally, a minimum of 1 off street guest parking space must be
provided per each 5 dwelling units. When any calculation of the number of
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required off-street parking spaces results in a fractional space being required,
such fraction shall be rounded up to the next higher number of spaces.
- Non-Residential Parking (square footage is based on the gross floor area):
o Agricultural and Animal Related Uses – 1 space per 500 SF
§ veterinary clinic
§ kennel
§ riding stable
o Public Institutional Uses – Per development plan
§ bus stop/park and ride facility
§ parking lot or parking garage
o Commercial Uses – 1 space per 500 SF
§ general service business
§ professional office
§ retail/wholesale business
§ eating or drinking establishment
§ laundromat
§ car wash
o Industrial Uses – 1 space per 1,000 SF
§ fabrication business
§ vehicle and equipment repair business
§ recycling collection and waste transfer center
o Storage Uses – 1 space per 2,000 SF
§ storage facility
§ mini storage facility
o Accessory Uses – (parking requirements per above uses)
§ accessory uses that are associated with and supportive,
secondary, and subordinate to the permitted uses.
o When any calculation of the number of required off-street parking
spaces results in a fractional space being required, such fraction shall
be rounded up to the next higher number of spaces.
- Future Building Envelopes:
Building envelopes that comply with but vary from the above described
minimum setbacks may be finalized at the time of the final subdivision platting.
- Open Space:
Open Space for the Business Park Zone District is encouraged to be
concentrated adjacent to Flying M Ranch Road. A landscape plan shall be
reviewed and approved by the Flying M Ranch HOA Design Review Board at
time of Building Permit Application.
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2 Residential 1 Zone District (R1)
2.1 General Purpose and Intent
The purpose of the Residential 1 Zone District is to provide a neighborhood
comprised of well planned residential dwellings that are designed specifically in
their location to provide a quality living environment in close proximity to the
Roaring Fork River corridor pedestrian path with connections to the adjoining
Flying M Ranch neighborhoods and the Riverview School.
2.2 Planned Unit Development Map
A Planned Unit Development Map identifying site access, vehicular circulation,
pedestrian circulation, parking, landscape, and open space for future development
of properties within this zone district has been submitted with the Planned Unit
Development and is attached to this document as an Exhibit.
2.3 Permitted “By Right” Uses in the Residential 1 Zone District (R1)
Single family dwelling unit, attached dwelling unit, residential rental unit, home
office/business, river access, parks and outdoor recreation, child care center,
neighborhood community center, community gardens, bus stop, trails, wildlife
friendly fencing, landscape, irrigation, and accessory uses.
2.4 Development Standards for the Residential 1 Zone District (R1)
All use of property in the Residential 1 Zone District 2 shall conform to the
following standards:
2.4.1 Single Family Dwelling Units
- Minimum Lot Size per Unit: 4,000 SF
- Maximum Building Height: 25’
- Maximum Lot Coverage: 60%
- Minimum Front Setback: 7.5’
- Minimum Rear Setback: 7.5’
- Minimum Side Setback: 7.5’
- Parking: A minimum of 2 off street parking spaces must be provided for each
residential structure; this requirement may be satisfied by a garage, driveway,
or parking space. Additionally, a minimum of 1 off street guest parking space
must be provided per each 5 dwelling units. When any calculation of the
number of required off-street parking spaces results in a fractional space being
required, such fraction shall be rounded up to the next higher number of
spaces.
- Future Building Envelopes:
Building envelopes that comply with but vary from the above described
minimum setbacks may be finalized at the time of the final subdivision platting.
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- Open Space:
Open Space for Single Family Dwelling Units in the Residential 1 Zone District
is encouraged to be concentrated adjacent to the Roaring Fork River corridor
pedestrian path. A landscape plan shall be reviewed and approved by the
Flying M Ranch HOA Design Review Board at time of Building Permit
Application.
2.4.2 Attached Dwelling Unit
- Minimum Lot Size per Unit: 1,000 SF
- Maximum Building Height: 25’
- Maximum Lot Coverage: 75%
- Minimum Front Setback: 7.5’
- Minimum Rear Setback: 7.5’
- Minimum Side Setback: 5’
For purposes of setback calculations, only those attached dwelling units that do
not share a common wall with an adjacent attached dwelling unit need to
observe the required side yard setback.
- Parking: A minimum of 2 off street parking spaces must be provided for each
dwelling unit; this requirement may be satisfied by a garage, driveway, or
parking space. Additionally, a minimum of 1 off street guest parking space
must be provided per each 5 dwelling units. When any calculation of the
number of required off-street parking spaces results in a fractional space being
required, such fraction shall be rounded up to the next higher number of
spaces.
- Future Building Envelopes:
Building envelopes that comply with but vary from the above described
minimum setbacks may be finalized at the time of the final subdivision platting.
- Open Space
Open Space for Attached Dwelling Units in the Residential 1 Zone District is
encouraged to be concentrated adjacent to the Roaring Fork River corridor
pedestrian path. A landscape plan shall be reviewed and approved by the
Flying M Ranch HOA Design Review Board at time of Building Permit
Application.
3 Residential 2 Zone District (R2)
3.1 General Purpose and Intent
The purpose Residential 2 Zone District is to provide a neighborhood comprised of
low density well-planned single family residential dwellings and accessory dwelling
units that are designed specifically in their location to provide a quality living
environment in close proximity to the Roaring Fork River corridor pedestrian path
with connections to the adjoining Flying M Ranch neighborhoods and the
Riverview School.
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3.2 Planned Unit Development Map
A Planned Unit Development Map identifying site access, vehicular circulation,
pedestrian circulation, parking, landscape, and open space for future development
of properties within this zone district has been submitted with the Planned Unit
Development and is attached to this document as an Exhibit.
3.3 Permitted “By Right” Uses in the Residential 2 Zone District (R2)
Single family dwelling unit, accessory dwelling unit, home office/business, parking,
community gardens, trails, wildlife friendly fencing, landscape, irrigation, and
accessory uses.
3.4 Development Standards for the Residential 2 Zone District (R2)
All use of property in the Residential 2 Zone District shall conform to the following
standards:
3.4.1 Single Family Dwelling Units
- Minimum Lot Size: 1 Acre
- Maximum Building Height: 25’
- Maximum Lot Coverage: 30%
- Minimum Front Setback: 20’
- Minimum Rear Setback: 20’
- Minimum Side Setback: 7’
- Parking: A minimum of 2 off street parking spaces must be provided for each
residential structure; this requirement may be satisfied by a garage, driveway,
or parking space. Additionally, a minimum of 1 off street guest parking space
must be provided per each 5 dwelling units. When any calculation of the
number of required off-street parking spaces results in a fractional space being
required, such fraction shall be rounded up to the next higher number of
spaces.
- Future Building Envelopes:
Building envelopes that comply with but vary from the above described
minimum setbacks may be finalized at the time of the final subdivision platting.
- Open Space:
Open Space for the Residential 2 Zone District is encouraged to be
concentrated adjacent to the Roaring Fork River corridor pedestrian path. A
landscape plan shall be reviewed and approved by the Flying M Ranch HOA
Design Review Board at time of Building Permit Application.
4 Community Service Facility Zone District (CS)
The Community Service Facility Zone District is intended to provide opportunities for
community services and residential neighborhoods to coexist in a compatible way.
In general, the community services that the Community Services Zone District
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focuses on are those related to continuous care for the elderly, education facilities,
and associated activities. For specifics related to community service facilities in the
Community Services Facility Zone District see sections 4.1 through 4.4 below. For
specifics related to residential uses in The Community Service Facility Zone District
refer to section 3.1 through 3.4 above.
4.1 General Purpose and Intent
A Community Service Facility is a structure where community services and related
activities are provided. The purpose of this zoning category is to accommodate a
range of community services and related activities as identified in the permitted
"By Right" uses listed below. The intent of the Community Service Facility Zone
District is to provide appropriate locations for community services and related
activities that are compatible with adjacent uses and promote a cohesive plan for
the community. Zone District 3 is designed to provide an attractive setting for
community services and related activities with an opportunity for connections to
the adjoining Flying M Ranch neighborhoods, Riverview School, and the Rio
Grande Trail with an interconnected pedestrian system.
4.2 Planned Unit Development Map
A Planned Unit Development Map identifying site access, vehicular circulation,
pedestrian circulation, parking, landscape, and open space for future development
of properties within this zone district has been submitted with the Planned Unit
Development and is attached to this document as an Exhibit.
4.3 Permitted “By Right” uses in the Community Service Facility Zone District
Hospice facility, assisted living facility, educational facility, adult day care facility,
employee housing, childcare center, outdoor educational facilities, trails, outdoor
recreation, community garden, community gatherings, special events lasting less
than three days, ancillary shipping and receiving, bus stop, wildlife friendly fencing,
landscape, and irrigation.
4.4 Development Standards for the Community Service Facility Zone District
All Community Service Facility uses in Zone District 3 shall conform to the
following standards.
- Minimum lot size: 2 Acres
- Maximum Building Height: 25’
- Maximum Lot Coverage: 25%
- Minimum Front Setback: 25’
- Minimum Rear Setback: 25’
- Minimum Side Setback: 10’
- Parking:
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A minimum of 1 off street parking space must be provided for each 500 SF of
community service facility structure; this requirement may be satisfied within a
garage and/or surface parking area. When any calculation of the number of
required off-street parking spaces results in a fractional space being required,
such fraction shall be rounded up to the next higher number of spaces.
- Future Building Envelopes:
Building envelopes that comply with but vary from the above described
minimum setbacks may be finalized at the time of the final subdivision platting.
- Open Space:
Open Space for the Community Service Facility Zone District is encouraged to
be concentrated adjacent to the Roaring Fork River corridor pedestrian path. A
landscape plan shall be reviewed and approved by the Flying M Ranch HOA
Design Review Board at time of Building Permit Application.
5 Access/Utilities/Parking Zone District (AUP)
5.1 General Purpose and Intent
The purpose and intent of the Access/Utilities/Parking Zone District is to facilitate
motor vehicle, pedestrian, and bicycle ingress and egress, motor vehicle parking,
the placement of underground utility lines, the implementation of landscape and
irrigation, the construction of retaining walls, and the continued use, repair, and
maintenance of these elements.
5.2 Permitted “By Right” Uses in the Access/Utilities/Parking Zone District
Motor vehicle roads, driveways, trails, motor vehicle parking, bicycle parking,
underground utilities, landscape, irrigation, and bus stop.
5.3 Development Standards for the Access/Utilities/Parking Zone District
A landscape plan has been included in the Flying M Ranch P.U.D. for landscape
improvements in the Access/Utilities/Parking Zone District.
There will be no residential, business, or community service facility structures in
the Access/Utilities/Parking Zone District. Access, utilities, and parking for
residential, business, and community service facilities is allowed in the
Access/Utilities/Parking Zone District.
6 Planned Unit Development Floor Area and Density
The following are business park and community service facility floor area caps and
residential dwelling unit caps per Flying M Ranch Planned Unit Development Zone
Districts.
6.1 Business Park Zone District (BP)
35,000 SF Business Park Floor Area and
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(10) Business Park Residential Dwelling Units
6.2 Residential 1 Zone District (R1)
(162) Primary Dwelling Units and
1,800 SF Neighborhood Community Center or Accessory Use
6.3 Residential 2 Zone District (R2)
(8) Primary Dwelling Units and
(8) Accessory Dwelling Units
6.4 Community Service Facility Zone District (CS)
26,000 SF Community Service Facility and (2) Accessory Dwelling Units or
(2) Primary Dwelling Units and (2) Accessory Dwelling Units
6.5 Access/Utilities/Parking Zone District (AUP)
No floor area
7 Affordable Housing Plan
The Flying M Ranch PUD Affordable Housing Plan and Agreement is attached as
an Exhibit to this Planned Unit Development Guide.
8 Definitions
Adult Day Care Facility. A facility, located in a place of residence, which provides
less than 12-hour care for individuals 18 years old or older who are not related to
the head of such home.
Assisted Living Facility. A facility or system of housing and care that is designed
for senior citizens who need assistance with daily activities, nursing care and
prepared meals.
Bus Stop. A place where a bus regularly stops, typically marked by a sign.
Business Park. An area specially designated to accommodate a mix of business
uses.
Building Height. Height of building measured from existing grade to the midpoint
between the ridge and eave of a gable or shed roof or to the top of a flat roof.
Car Wash. A commercial establishment equipped with machines for washing motor
vehicles.
Child Care Center. A facility licensed by the State department, by whatever name
known, that is maintained for the whole or part of a day, but less than 24 hours, for
the care of 5 or more children who are 18 years of age or younger.
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Community Gatherings. – public gatherings including, but not limited to, weddings,
wedding receptions, funerals, memorials, community meetings, and meetings and
events sponsored by neighborhood groups, religious groups, philanthropic
organizations, and fund raising activities.
Community Service Facility. – a structure where community services and related
activities are conducted.
Dwelling Unit, Attached. A residential building containing dwelling units, each of
which has primary ground floor access to the outside and which are attached to
each other by legally divided party walls without openings such as townhouses and
duplexes.
Dwelling Unit, Business Park Residential. A single family dwelling unit, attached
dwelling unit, or multi-unit dwelling unit, that is supportive, secondary, and
subordinate to the principal Business Park business uses.
Dwelling Unit, Attached. A dwelling containing 2 or more dwelling units, not
including hotels, motels, fraternity and sorority houses, and similar group
accommodations.
Dwelling Unit, Single Family. A building designed exclusively for residential
occupancy. A single structure with 1 or more rooms designed to function as a
single living facility and containing only 1 kitchen plus living, sanitary, and sleeping
facilities.
DRB – Design Review Board
Eating or Drinking Establishment. An establishment for the sale and
consumption of food and beverages on the premises, or with drive-thru
accommodations.
Educational Facility. Indoor and Outdoor. Buildings, areas, and uses for
instruction or research activities associated with an academic institution that has
curriculum for technical or vocational training that may be, but is not limited to,
kindergarten, elementary, secondary, or higher education, including residential
facilities for faculty, staff, and students.
Fabrication Business. A business that manufactures wholesale and retail goods
form processed materials, wood, and metal working operations.
Floor Area. The total habitable horizontal Floor Area of all floors in a building,
measured from exterior wall to exterior wall, exclusive of unfinished basement,
garage, storage area, and utility rooms.
Grading. Any excavating, filling, or combination thereof.
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Hospice Facility. A facility designed to give supportive care to people in the final
phase of a terminal illness and focus on the comfort and quality of life, rather than
cure.
Kennel. A commercial establishment other than a pet shop of veterinary clinic, in
which adult dogs or domesticated animals are housed, groomed, bred, boarded, or
trained. Dogs used as a part of an agricultural activity are exempted from the
definition.
Laundromat. A commercial establishment equipped with washing machines and
dryers, usually coin-operated and self-service.
Lot. Any legally created parcel of land including, but not limited to, lots on a legally
recorded Plat.
Lot Coverage. The portion of a lot that is covered or occupied by buildings and
structures. Lot coverage does not include areas such as driveways, parking, or
walkways; nor does it include cantilever construction so long as the cantilever
construction is at least 8 feet above the ground.
Mini Storage Facility. Self-storage facilities composed of real estate with buildings
divided into self-storage spaces that are rented to rental space tenants on a monthly
basis for the purpose of storing tenant property only.
Neighborhood Community Center. A place where people from a particular
community can meet for social, educational, or recreational activities.
Open Space. Any land or water area that serves specific uses of providing park
and recreation opportunities, or conserving natural areas and environmental
resources, or structuring urban development form, or protecting areas of
agricultural, archeological, or historical significance. Open Space shall not be
considered synonymous with vacant or unused land or with a yard that is part of a
platted lot.
Outdoor Recreation. An area or facility that offers entertainment, recreation or
games of skill, where any portion of the activity takes place outside and may include
lighted areas for use after dusk.
Park and Ride. A parking area in which drivers can leave their cars to travel on
public transportation.
Parking Lot or Parking Garage. A structure or a cleared area that is more or less
level and is intended for parking vehicles.
Professional Office. An office or clinic for the provision of professional services
including, but not limited to, physicians, dentists, lawyers, realtors, architects,
engineers, artists, musicians, designers, teachers, accountants, governmental
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services, and others, who through training are qualified to perform services of a
professional nature.
Recycling Collection and Waste Transfer Center. A Recycling Center is for the
acceptance and temporary storage of either recyclable or organic materials to be
transferred to a processing or composting facility. A Waste Transfer Center is an
enclosed building whereby neighborhood waste, including recyclable and organic
materials, can be trans-loaded from smaller specialty collection vehicles and
containers to larger, reducing environmental impact from multiple trips to a
processing center or landfill.
Residential Rental Unit. A portion of or an entire single family dwelling unit,
attached dwelling unit, or multi-unit dwelling unit, that can be rented out for any
period of time (e.g. nightly, weekly, monthly, seasonally, or long-term).
Riding Stable. A defined improved area that may or may not be covered, within
which equestrian activities involving horse riding, day camps, therapy, training,
practice, exhibition or driving occur.
Setback. The minimum horizontal distance between the front, rear, or side property
line and the front, rear, or side of a structure.
Special Event. Events held within the Flying M Ranch P.U.D. which include any
organized activity involving the use of, or having impact upon parks, open space,
sidewalks, roads or the temporary use of private property in a manner that varies
from its current land use.
Storage Facility. An area used for storing machinery, equipment, or other
products.
Trails. A linear pathway across land used for recreational, transportation, and
pedestrian purposes.
Use, Accessory. A use that is customarily supportive, secondary, and subordinate
to a principal use on the same parcel.
Vehicle Equipment and Repair. A facility used to restore to a good condition or
working order, a damaged vehicle.
Wildlife Friendly Fencing. Fencing designed and constructed to provide minimum
impact to wildlife.
9 Architectural and Site Plan Review
All developments within the Flying M Ranch P.U.D. are subject to architectural
review as contained in the Flying M Ranch Design Guidelines.
_______________________________________________________________
Flying M Ranch PUD
Affordable Housing Plan – LUDC Article 8
[DATE]
Page 1 of 9
AFFORDABLE HOUSING PLAN AND AGREEMENT
FLYING M RANCH PUD
THIS AFFORDABLE HOUSING PLAN AND AGREEMENT (the “Plan and
Agreement”) is made and entered into this __day of ____________, 2023, by and between
EASTBANK, a Colorado limited liability company (“Developer”) and the BOARD OF COUNTY
COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield,
State of Colorado, as a body politic and corporate, directly or through its authorized representatives
and agents (“BOCC”).
WHEREAS, on __________________, the BOCC, by Resolution No. ______ approved a
planned unit development re-zoning application for the Flying M Ranch PUD, recorded
__________________________, as Reception No. _________, Garfield County, Colorado; and
WHEREAS, on ______________________, the BOCC, by Resolution No. _________ and
recorded as Reception No. __________________ (“Preliminary Plan Approval”), Garfield
County, Colorado, approved a Preliminary Plan for the Property providing for _____ residential
units and _____ residential lots; and
WHEREAS, Article 8 of the Garfield County Land Use Regulation requires that developers
of residential housing develop ten percent (10%) of lots or units within a proposed development
as Affordable Housing Units; and
WHEREAS, Article 8-201 permits Affordable Housing Units to be proposed as rental
housing; and
WHEREAS, as a condition of approval of the Final Plat submitted by Developer to the
BOCC for approval as required by the laws of the State of Colorado, Developer wishes to enter
into this Plan and Agreement with the BOCC, setting forth certain restrictions and conditions
regarding the providing of affordable housing on the Property, all as more fully set forth below;
and
WHEREAS, this Agreement provides for the terms of the housing plan in accordance with
the Garfield County Land Use Regulations (the “GCLUR”) as between GCHA, Garfield County,
Colorado, and the Developer.
NOW THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties agree as follows:
1. Affordable Housing
1.1. Affordable Housing Calculation
Developer agrees to provide affordable housing mitigation in an amount equal to
ten percent (10%) of the total dwelling units within the Property with fractional
_______________________________________________________________
Flying M Ranch PUD
Affordable Housing Plan – LUDC Article 8
[DATE]
Page 2 of 9
requirements of .49 or less rounded down to the nearest whole number and fractional
requirements of .5 or greater rounded up to the nearest whole number.
1.2. Mitigation Types
Affordable Housing mitigation for the Property may be provided as on-site affordable
housing units, either for-sale or rental units.
1.3. Development Schedule
Developer shall provide one affordable housing unit for every ten free market dwelling
units constructed within the Property. Following the completion and issuance of
Certificates of Occupancy for every ten (10) free market dwelling units within the Property,
no additional building permits for additional free market dwelling units shall be issued until
the one (1) Affordable Housing Unit has been constructed.
1.4. Bedrooms and Unit Sizes
The total number of bedrooms provided in the Affordable Housing Units shall be
determined by multiplying the total number of required Affordable Housing Units by the
average number of persons in a household (2.6), then dividing the result by the U.S.
Department of Housing and Urban Development (HUD) criteria of persons per bedroom
(1.5). For the Development, the resulting number is 5 bedrooms, which is the minimum
required number of bedrooms that shall be provided across all required Affordable Housing
Units.
The following minimum square footage requirements shall be met, with only finished
square footage being counted, excluding garages, carports, and unfinished basement space:
UNIT TYPE MINIMUM SIZE
Studio 500 sf
1 Bedroom 700 sf
2 Bedroom 950 sf
3 Bedroom 1200 sf
Single Family, detached 1400 sf
1.6 Pricing of For-Sale Affordable Housing Units
Except as otherwise noted herein, the average price for all Affordable Housing Units shall
be dispersed over a range of the Area Median Income (AMI) levels for low and moderate
income families as published annually by HUD for Garfield County. The first unit required
will be Category II, the second is Category III, and the final is Category I, according to the
definitions below.
_______________________________________________________________
Flying M Ranch PUD
Affordable Housing Plan – LUDC Article 8
[DATE]
Page 3 of 9
Category I. 20% of the Units must be Category I.
a. Units priced to 70% AMI;
b. Units rented or sold to 80% AMI households or less.
Category II. 40% of the Units must be Category II.
a. Units priced to 90% AMI;
b. Units rented or sold to 100% AMI households or less.
Category III. 40% of required units must be Category III.
a. Units priced to 110% AMI;
b. Units rented or sold to 120% AMI households or less.
1.7 Rental Units
A. Developer may provide rental units meeting the bedroom and unit size criteria above. Two
types of rental units are authorized to count towards Developer’s housing mitigation
requirement: RFSD Units and GCHA Units, as described below. Up to 75% of
Developer’s housing mitigation may consist of RFSD Units.
1. RFSD Units. RFSD Units are units managed by the Roaring Fork RE-1
School District (“RFSD” or “District”) under the District’s Community
Housing Program. RFSD Units shall be restricted by a deed restriction
substantially similar to the template attached as Exhibit A.
2. GCHA Units. GCHA Units are units that generally comply with the
Garfield County Community Housing Guidelines. The maximum rental
amount under any such lease for said units shall be set at rates that are
affordable to households with incomes no higher than the following Area
Median Income (“AMI”): 20% of the units must be affordable to 80% AMI,
40% units at 100% AMI; 40% to 120% AMI. GCHA Units shall be
restricted by a deed restriction substantially similar to the template attached
as Exhibit B.
1.7. Eligibility
Eligibility for for-sale Affordable Housing Units will be determined by the Garfield County
Housing Authority and any local jurisdiction, if applicable. Eligible Households must be
given priority for Affordable Housing Units, unless prohibited by funding sources (HUD,
CHFA, etc.). Households must meet all other requirements of the deed restriction. The
owner or manager of any Affordable Housing Unit must document how eligibility was
confirmed and must keep a record of any documents supporting the eligibility
determination. Eligibility for rental units will be determined by the GCHA for the GCHA
Units, and by the RFSD for the RFSD Units, as set forth in Exhibits A and B.
_______________________________________________________________
Flying M Ranch PUD
Affordable Housing Plan – LUDC Article 8
[DATE]
Page 4 of 9
2.3. Security to Ensure Construction of Units. Following the completion and issuance of
Certificates of Occupancy for every ten (10) dwelling units within the Property, no additional
building permits for dwelling units shall be issued until the one (1) Affordable Housing Unit has
been provided, or as otherwise agreed by the BOCC.
2.4. Compliance with Housing Guidelines. All units shall otherwise comply with the
Inclusionary Housing Guidelines maintained by the Garfield County Housing Authority. For
rental units, all GCHA Units shall comply with Inclusionary Housing Guidelines maintained by
the Garfield County Housing Authority, and all RFSD Units shall comply with the District’s
Community Housing Guidelines.
3. INDEMNIFICATION
The Developer shall indemnify and hold the GCHA and Garfield County harmless from
any and all claims made against the GCHA and Garfield County by any contractor, subcontractor,
materialmen, employee, independent contractor, agent or representative involved in the work
necessary to comply with the Agreement, or on account of any other claims against the GCHA and
Garfield County because of the activities conducted in furtherance of the terms of the Agreement.
This indemnification and hold harmless provision shall include any reasonable and customary
legal expenses or costs incurred by the GCHA and Garfield County. Notwithstanding the
foregoing, Developer shall not be liable to indemnify the GCHA and Garfield County for claims
caused by the act or omission of the GCHA and Garfield County without regard to the involvement
of the Developer.
4. GCHA AND GARFIELD COUNTY INCUR NO LIABILITY
The GCHA and Garfield County shall not, nor shall any officer or employee thereof, be
liable or responsible for any accident, loss or damage happening or occurring during execution of
the housing plan pursuant to this Agreement prior to the completion; nor shall the GCHA or
Garfield County, nor any officer or employee thereof, be liable for any persons or property injured
or damaged by reasons of the nature of said work on the housing plan, but all of said liabilities
shall be and are hereby assumed by the Developer. The Developer hereby agrees to indemnify and
hold harmless the GCHA and Garfield County and any of its officers, agents and employees against
any losses, claims, damages or liabilities for which the GCHA and Garfield County or any of its
officers, agents, or employees may become subject to, insofar as any such losses, claims, damages
or liabilities (or actions in respect thereof) arise out of or are based upon any performance by the
Developer hereunder; and the Developer shall reimburse the GCHA and Garfield County for any
and all legal and other expenses incurred by the GCHA and Garfield County in connection with
investigating or defending any such loss, claim, damage, liability or action. This indemnity
provision shall be in addition to any other liability which the Developer may have.
5. GENERAL PROVISIONS
5.1 Compliance with Land Use Regulations. The Developer and its successor or assigns
_______________________________________________________________
Flying M Ranch PUD
Affordable Housing Plan – LUDC Article 8
[DATE]
Page 5 of 9
shall be required to obtain all necessary permits and comply with the provisions of the ECLUR as
the same are in effect at the time of commencement of the housing plan referred to herein.
5.2. Severability. Whenever possible, each provision of this Agreement and any other
related documents shall be interpreted in such a manner as to be valid under applicable law; but if
any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such
provision shall be ineffective to the extent of such invalidity or prohibition without invalidating
the remaining provisions of such subsection or document.
5.3 Amendment and Modification. The parties hereto mutually agree that this
Agreement may be amended or modified from time to time, provided that such amendment or
modification is in writing and signed by the GCHA, and the Developer or the Developer’s
successor(s) affected by any such amendment.
5.4 Assignability. This Agreement shall be enforceable against the Developer,
provided, however, that in the event the Developer sells, transfers or assigns all or part of the
PUD, the obligations of the Developer under this Agreement as to that portion of the PUD may
be assumed in writing by the purchaser of the parcel, and the Developer shall have no further
obligations hereunder. It is agreed, however, that no such assumption of these obligations shall
be effective unless the GCHA gives its prior written approval to such assumption following an
investigation of the financial condition of the purchaser, which consent shall not be unreasonably
withheld. The Developer shall not otherwise assign, transfer, convey, pledge or otherwise
dispose of this Agreement without prior written consent of the GCHA, which consent shall not
be unreasonably withheld.
5.5 Binding upon Successors. This Agreement shall inure to the benefit of and be
binding upon the parties hereto, their respective successors, and assigns.
5.6 No Rights to Third Parties. This Agreement does not and shall not be deemed to
confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action
or other proceedings against either the County or its officers, employees or agents because of
any breach hereof or because of any terms, covenants, agreements or conditions contained herein.
5.7 Enforcement. At its sole option, the County may enforce the provisions of this
Agreement in the same manner and with the same remedies applicable to the enforcement of land
use regulations pursuant to the ECLUR, as they may be amended from time to time, or as otherwise
provided by law. Alternatively, the terms of this Agreement shall be enforceable by the Board or
its designee by any appropriate equitable or legal action, including but not limited to specific
performance, mandamus, abatement, or injunction. The remedies explicitly provided herein are
cumulative, and not exclusive, of all other remedies provided by law.
5.8 Notice. Any notice required pursuant to the terms of this Agreement shall be
deemed given on the day that the same is placed in the United States Mail, postage prepaid,
certified or registered mail, return receipt requested.
_______________________________________________________________
Flying M Ranch PUD
Affordable Housing Plan – LUDC Article 8
[DATE]
Page 6 of 9
Address for giving notice to County:
Garfield County Attorney's Office
Address for giving notice to GCHA:
Address for giving notice to Developer:
Any party may change its address for receiving notices by delivery of at least seven (7) days’ prior
notice to the other party pursuant to the foregoing provisions. With respect to any successor to
Developer with respect to the PUD as provided in this Agreement, unless another address is
provided in writing by such successor, the notice address for such successor shall be the address
on file with the Garfield County Assessor’s Office or the address of such successor’s Registered
Agent with the Colorado Secretary of State’s Office, if applicable.
_______________________________________________________________
Flying M Ranch PUD
Affordable Housing Plan – LUDC Article 8
[DATE]
Page 7 of 9
IN WITNESS WHEREOF, Garfield County and the Developer have executed this
Affordable Housing Plan and Agreement dated to be effective as of ____________________,
2023.
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By:_________________________________
Name: ______________________________
Title: ______________________________
Date: _______________
ATTEST:
______________________________
Jackie Harmon, Clerk and Recorder
Garfield County, Colorado
EASTBANK, LLC
a Colorado limited liability company
By: ______________________________
Name: ____________________________
Title: ______________________________
Date: _______________
Acknowledgement
GARFIELD COUNTY HOUSING AUTHORITY
By: ________________________________
Name: _____________________________
Title: ______________________________
Date: _______________
EXHIBIT A – DEED RESTRICTION
FLYING M RANCH - RFSD UNITS
AFFORDABLE HOUSING AGREEMENT DECLARATION
OF MASTER DEED RESTRICTION AND AGREEMENT CONCERNING THE SALE,
OCCUPANCY, AND RESALE OF PROPERTY
THIS DECLARATION OF MASTER DEED RESTRICTION AND AGREEMENT CONCERNING
THE SALE, OCCUPANCY, AND RESALE OF PROPERTY (“Deed Restriction”) is entered into this
____ day of _____________, 2023 by the Roaring Fork RE-1 School District (“District”), the
Board of County Commissioners of Garfield County, Colorado (“County”) and the Garfield
County Housing Authority (“GCHA”) a duly constituted housing authority established pursuant to
Colorado law.
RECITALS
WHEREAS, the District is the owner of certain property described as
__________________________________ as shown on the Final Plat recorded as Reception
No. _______ in the Garfield County Clerk and Recorder’s Office, County of Garfield, State of
Colorado, said parcel containing _______________ acres, more or less ("the Property"); and
WHEREAS, as part of the Flying M Ranch PUD approval, the developer of the Flying
M Ranch PUD was required to provide at least 10% of the housing units as affordable housing
units, up to twelve of which are authorized to be rental units by District employees; and
WHEREAS, the developer of the Flying M Ranch PUD constructed twelve (12)
residential housing units upon the Property (“Units”); and
WHEREAS, it is the intent of the District that the Units in the Project be restricted to
rental use and occupancy by District employees, preferably teachers; and
WHEREAS, any sale of any of the Units shall ensure conformance with the County’s
Inclusionary Zoning for Housing (Article 8 of the Land Use and Development Code) as
described herein.
NOW, THEREFORE, in consideration of the promises and covenants hereinafter set
forth, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledges, the District hereby declares, covenant and agrees as follows:
ARTICLE 1
DEFINITIONS
1.1 "County" shall mean the County of Garfield, Colorado.
1.2 "Employee Housing Rental Guidelines" or "Rental Guidelines" shall mean those certain
guidelines promulgated by the District, which may contain the eligibility standards for
certifying and prioritizing Qualified Residents.
1.3 "Qualified Residents" shall mean one or more natural persons who are certified by the
Owner and/or Property Manager as District teachers or other District employees, and in
accordance with this Deed Restriction.
1.4 "Property Manager" ("Manager") shall mean the District or a property manager retained
by the District to operate the Project in accordance with this Deed Restriction.
1.5 "Unit" shall mean one or more of the residential dwelling units constructed on the
Property for rent.
1.6 "Owner" shall mean the current and all future owners of the Project.
ARTICLE 2
AGREEMENT BINDS THE PROJECT
2.1 Binding Nature. This Agreement shall constitute a covenant running with the title to
the Property as a burden thereon, for the benefit of, and enforceable by, the District. This
Agreement shall bind the Owner and all District employees or occupants of the Units. Each and
every occupant of a Unit within the Project shall be personally obligated hereunder for the full
and complete performance and observance of all covenants, conditions and restrictions
contained herein during each occupant's respective period of occupancy of a Unit. Each and
every conveyance of the Property or a portion thereof, or interest therein, for all purposes, shall
be deemed to include and incorporate by this reference, the covenants contained in this
Agreement, even without reference to this Agreement in any document of conveyance.
ARTICLE 3
QUALIFIED TENANTS; AFFORDABILITY
3.1 Occupancy. The District hereby restricts the occupancy and use of the Units to
Qualified Residents, except as expressly permitted by this Deed Restriction. A Qualified
Resident may not sublease the Unit or any part thereof. A Qualified Resident may only have a
roommate who is not a Qualified Resident with the District’s written consent.
3.2 Priority. The District has the right to select all Qualified Residents to occupy the Unit
in its sole discretion according to the restrictions contained herein and the Rental Guidelines
promulgated by the District. The first priority for Qualified Residents shall be employees of
the District. If the District is unable to secure a lease with a first priority tenant, the District
may expand its search for a tenant to a natural person employed within Garfield County, and
who is approved by GCHA, who will occupy the unit as his or her principal place of residence
for a lease term not to exceed six (6) months, after which the District must take reasonably
diligent steps to lease the Units to an employee of the District. In no event shall a Unit be
leased to any resident who will not occupy the Unit as his or her principal place of residence.
3.3 Affordability. The District’s Rental Guidelines shall ensure that the Units remain
affordable to Qualified Tenants.
ARTICLE 4
OCCUPANCY AND LEASE RESTRICTIONS
4.1 Occupancy. No occupants of the Unit shall engage in any business activity on or in a
Unit.
4.2 No Discrimination. In the rental and occupancy of the Units, there shall be no
discrimination on the basis of age, race, creed, color, sex, sexual orientation, disability, religion,
national origin, marital status, gender identity, or affiliation.
4.3 Vacancy. When a Unit becomes vacant, Manager shall promptly make it available and
actively market said Unit for lease to another Qualified Tenant in accordance with this Deed
Restriction and the Rental Guidelines.
4.4 Principal Residence. Each Unit shall only be leased and occupied by residents who
will utilize the Unit as his or her principal place of residence. A principal place of residence
shall mean the dwelling in which one's habitation is fixed and to which a person, whenever he
or she is absent, has a present intention of returning after a departure or absence there from.
4.5 Leases. No Unit shall be leased or otherwise occupied unless the occupant has
executed a lease in a form approved by the Owner. The lease shall contain a statement that
incorporates the terms and conditions of this Agreement.
ARTICLE 5
CONVERSION TO FOR-SALE AFFORDABLE HOUSING UNIT
5.1. Conversion to Ownership. The District may convert a Unit into an ownership unit for
the purposes of use and occupancy. Conversion shall require subdivision approval from the
County. In the event the District receives subdivision approval to convert one or more Unit(s)
to Ownership, the District shall record a substitute deed restriction which shall ensure
conformance with the County’s Inclusionary Zoning for Housing (Article 8 of the Land Use
and Development Code), which deed restriction shall be substantially similar to that certain
Declaration of Master Deed Restriction and Agreement Concerning the Occupancy of Certain
Rental Units at Flying M Ranch PUD recorded on __________ as Reception No. ____________
Garfield County, Colorado (said future substitute deed restriction shall be referred to herein as
the “For Sale Deed Restriction”). Upon recording of such For Sale Deed Restriction, this Deed
Restriction as applied to said Unit shall automatically without the requirement of recording
further documentation be released from and no longer subject to this Deed Restriction. In such
event, the County shall execute a release of such Unit from this Deed Restriction upon request
by the District.
5.2. Administration of Sale. The District shall work with the GCHA to administer any future
sale of a Unit. Such Unit shall be sold in accordance with the then-applicable provisions of the
Garfield County Code regarding Inclusionary Housing.
5.3. Sales Price; Appreciation. The initial sales price of each Unit was calculated by
_________ and the District, and is set forth on Exhibit A. During the District’s ownership, the
Units shall be entitled to appreciate above the initial sales price, but such annual appreciation
shall be no more than 3% simple interest or CPI whichever is less, plus the cost of Permitted
Capital Improvements, as defined by Garfield County Land Use and Development Code Section
8-304.
ARTICLE 6
GENERAL PROVISIONS
6.1. Notices. All notices and demands required or permitted under this Agreement shall be
in writing as follows: (1) by actual delivery of the notice to the party entitled to receive it; (2)
by mailing such notice by certified mail, return receipt requested, in which case the notice shall
be deemed to be given three days after the date of its mailing; or (3) by Federal Express or any
other overnight carrier, in which case the notice shall be deemed to be given as of the date it is
sent. All notices which concern this Agreement shall be sent or delivered, as the case may be,
to the address of the appropriate party as set forth below, except if changed by a party by notice
pursuant hereto:
If addressed to Owner:
Roaring Fork RE-1 School District
1405 Grand Avenue
Glenwood Springs, CO 81601
With a copy to:
Attn: Chad J. Lee, Esq.
JVAM
P.O. Box 818
Glenwood Springs, CO 81602
chad@jvamlaw.com
If to County:
Garfield County Commissioners
109 8th Street, Suite 213
Glenwood Springs, CO 81601
6.2 Severability. Whenever possible, each provision of this Agreement and any other
related document shall be interpreted in such a manner as to be valid under applicable laws,
ordinances, rules, regulations, rulings, orders, requirements and guidelines of federal, state and
local authorities and agencies applicable to the Project; but if any provision of any of the
foregoing shall hold to be invalid or otherwise prohibited under said laws, ordinances, rules,
regulations, rulings, orders, requirements or guidelines of federal, state and local authorities
and agencies applicable to the Project, such provisions shall be ineffective to the extent of such
invalidity or prohibition without invalidating the remaining provisions of the Agreement.
6.3 Choice of Law. This Agreement and each and every related document are to be
governed and construed in accordance with the laws of the State of Colorado.
6.4 Waiver. No claim of waiver, consent or acquiescence with respect to any provision of
this Agreement shall be valid against any party hereto except on the basis of a written
instrument executed by the Parties to this Agreement. However, the party whose benefit a
condition is inserted herein shall have the unilateral right to waive such condition.
IN WITNESS WHEREOF, the parties hereto have executed this Deed Restriction on
the day and year first written above.
ROARING FORK RE-1 SCHOOL DISTRICT:
By: _______________________________
Name: ____________________________ _
Title: ___________________________ _
STATE OF COLORADO )
) ss.
COUNTY OF _______ )
The foregoing instrument was acknowledged before me _________________, 2023, by
_________________, as the ________________ of the Roaring Fork RE-1 School District.
WITNESS my hand and official seal.
My commission expires: ______________________
__________________________________
Notary Public
ACCEPTANCE BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD
COUNTY, COLORADO AND THE GARFIELD COUNTY HOUSING AUTHORITY
The foregoing Declaration of Master Deed Restriction and Agreement concerning the
Sale, Occupancy and Resale of Property and its terms are hereby adopted and declared by the
Board of County Commissioners of Garfield County, Colorado and the Garfield County
Housing Authority.
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By:_________________________________
Name: ______________________________
Title: ______________________________
Date: _______________
ATTEST:
______________________________
Jackie Harmon, Clerk and Recorder
Garfield County, Colorado
GARFIELD COUNTY HOUSING AUTHORITY
By: ________________________________
Name: _____________________ ________
Title: ______________________________
Date: _______________
EXHIBIT A
INITIAL SALES PRICE OF UNITS
$_________________
EXHIBIT B - DEED RESTRICTION
FLYING M RANCH – GCHA UNITS
DECLARATION OF MASTER DEED RESTRICTION AND AGREEMENT CONCERNING THE
OCCUPANCY OF CERTAIN RENTAL UNITS AT FLYING M RANCH PUD
This DECLARATION OF DEED RESTRICTION AND AGREEMENT CONCERNING THE OCCUPANCY OF
CERTAIN UNITS AT FLYING M RANCH PUD ("Agreement") is made and executed this ____ day of
__________, 2023 (the "Effective Date"), by Eastbank, LLC, a Colorado limited liability company
and/or its assigns (the "Owner"), for the benefit of and enforceable by the Board of County
Commissioners, Garfield County, Colorado (the "County") or the Garfield County Housing
Authority (“GCHA”) a duly constituted housing authority established pursuant to Colorado law
(together, the "Beneficiaries").
RECITALS
WHEREAS, Owner is the owner of that certain real property described as follows (the
"Property"): _____________________________________________.
WHEREAS, pursuant to the Development Agreement with EASTBANK recorded on
_________, Reception No. _________, in the records of Garfield County, Colorado (the
“Development Agreement”), Owner voluntarily agreed to permanently restrict 4 units, each to be
rented in compliance with requirements in Article 8 of the Garfield County Land Use code, and to
the extent applicable, the Garfield County Community Housing Guidelines generally; and
WHEREAS, Owner, on behalf of itself, its heirs, executors, administrators,
representatives, successors, and assigns, desires to comply with the Development Agreement by
restricting the use of 4 units ("Restricted Units") as hereinafter described.
NOW, THEREFORE, in consideration of the Recitals as set forth above and for value
received, the receipt and sufficiency of which is hereby acknowledged, Owner does hereby
declare, covenant, and agree as follows:
SECTION 1. - DEFINITIONS
The following definitions shall apply to the terms used in this Agreement:
“Garfield County-based employment source,” which means a business whose business
address is located within Garfield County, whose business employs employees within Garfield
County, who work in Garfield County, and whose business taxes are paid in Garfield County. If
an employer is not physically based in Garfield County, an employee must be able to verify that
they work in Garfield County a minimum of 1664 hours (min. 32 hours/week) per calendar year
for individuals, businesses, or institutional operations located in Garfield County.
"Guidelines" shall mean the County’s Community Housing Guidelines as amended from
time to time and in effect at the time of this Agreement.
"Institutional Lender" shall mean any bank, savings and loan association, or any other
institutional lender which is licensed to engage in the business of providing purchase money and/or
construction mortgage or deed or trust financing for residential real estate.
"Qualified Tenant" or "Qualified Tenants" shall mean a person who is
(a) Employed by a County-based employment source as defined above;
(b) Full time residents of Garfield County; or
(c) Applicants who will become full-time residents of Garfield County by
participation in this program.
SECTION 2. - DECLARATION
A. For the purposes set forth herein, Owner, for itself and its successors and assigns, hereby
declares that the Restricted Units shall be leased, rented, encumbered, used, occupied,
improved, altered, and enjoyed subject to the covenants, conditions, restrictions,
privileges, rights, and other provisions set forth in this Agreement, for the duration hereof,
and all of which shall run with the land and be binding upon all Owners, occupants and
other persons having or acquiring any right, title or interest in or to a Restricted Unit, and
their respective heirs, personal representatives, successors and assigns and shall be binding
upon and inure to the benefit of the County and GCHA, and their respective successors
and assigns. All persons who rent a Restricted Unit shall be Qualified Tenants, as such
term is defined in this Agreement. No modification or amendment to this Agreement may
be effectuated without the consent of the Beneficiaries. Owner further represents and
warrants to the County or GCHA that that the declarations herein are free and clear of any
financial liens or encumbrances.
B. Owner hereby restricts the lease of a Restricted Unit to Qualified Tenants. Qualified
Tenants may not sublet or assign a lease for a Restricted Unit in violation of this Agreement
or the Guidelines.
C. By the acceptance of any lease of a Restricted Unit, the lessee under such lease shall accept
all of the terms, conditions, limitations, restrictions, and uses contained in this Agreement.
SECTION 3. - USE AND RENTAL OF RESTRICTED UNITS
A. Except as otherwise provided herein, the use and occupancy of the Restricted Units shall
be limited exclusively to rental housing for Qualified Tenants and their families. Each
Restricted Unit shall be utilized as a Qualified Tenant's sole and exclusive place of
residence.
B. Owner may not, except with prior written approval of the GCHA, and subject to the
GCHA's conditions of approval, rent a Restricted Unit. Prior to occupancy, any tenant
must be approved by the GCHA in accordance with the income, occupancy, and all other
qualifications established by the Guidelines in effect at the time of this Agreement. The
GCHA shall not approve any rental if such rental is being made for a rental term of less
than six (6) months or if such rental is not intended to be used as a Qualified Tenant's sole
and exclusive place of residence, and shall not approve a lease with a rental term in excess
of twelve (12) months. A signed copy of the lease must be provided to the GCHA prior to
occupancy by any tenant. The maximum rental amount under any such lease approved by
the GCHA shall be set at rates that are affordable to households with incomes no higher
than the following Area Median Income (“AMI”): 2 units at 100% AMI; 1 unit at 80%
AMI, and 1 unit at 120% AMI.
C. Nothing herein shall be construed to require Owner, the County or GCHA to (a) protect or
indemnify the Owner against any losses attributable to the rental of a Restricted Unit,
including, but not limited to, non-payment of rent or damage to the premises, or (b) obtain
a qualified tenant for the Owner in the event that none is found by the Owner.
SECTION 4. - BREACH OF AGREEMENT; OPPORTUNITY TO CURE
A. In the event that the County or GCHA has reasonable cause to believe an Owner is
violating the provisions of this Agreement, the County, the GCHA, or their authorized
representative, may inspect a Restricted Unit between the hours of 9:00 a.m. and 5:00 p.m.,
Monday through Friday, after providing the Owner with no less than 24 hours' written
notice to Owner of said inspection.
B. In the event a violation of the Agreement is discovered, the County or GCHA may, after a
review of the evidence of a breach and a determination that a violation may have occurred,
send a notice of violation to the Owner detailing the nature of the violation and allowing
the Owner fifteen (15) days to cure. Said notice shall state that the Owner may request a
hearing by GCHA within fifteen (15) days to determine the merits of the allegations. If no
hearing is requested and the violation is not cured within the fifteen (15) day period, the
Owner shall be considered in violation of this Agreement. If a hearing is held before
GCHA, the decision of the GCHA based on the record of such hearing shall be final for
the purpose of determining if a violation has occurred.
C. The failure of the County or GCHA to insist upon the strict and prompt performance of
any of the terms, conditions and restrictions of this Agreement shall not constitute or be
construed as a waiver or relinquishment of the County's or GCHA's right or rights
thereafter to enforce any term, condition or restriction and the same shall continue in full
force and effect.
SECTION 5. - SECTIONS GRIEVANCE PROCEDURES
A grievance is any dispute that the Owner or a tenant may have with the County or GCHA
with respect to action or failure to act in accordance with the individual tenant's rights, duties,
welfare, or status. A grievance may be presented to a Special Review Committee established by
the County and GCHA (hereinafter referred to as the "Committee") pursuant to and under the
procedures set forth in the Guidelines.
SECTION 6. - REMEDIES
A. This Agreement shall constitute covenants running with the Restricted Unit, as a burden
thereon, for the benefit of, and shall be specifically enforceable by GCHA, the County, and
their respective successors and assigns, as applicable, by any appropriate legal action,
including, but not limited to, specific performance, injunction, reversion, or eviction of
non-complying tenants and/or occupants.
B. In the event the parties resort to litigation with respect to any or all provisions of this
Agreement, should the County or GCHA prevail in such proceeding, the County or GCHA
shall be entitled to recover damages and costs, including reasonable attorney's fees.
C. Each and every conveyance of a Property, for all purposes, shall be deemed to include and
incorporate by this reference the covenants, conditions, limitations, and restrictions herein
contained, even without reference therein to this Agreement. In the event that the Owner
or any successor owner of either Property should desire to condominiumize or subdivide
either Property into multiple ownership units, the County may require the then-owner(s)
to execute an amendment to this Deed Restriction for purposes of updating the legal
descriptions to conform with the applicable condominium or subdivision plat and/or to
require the Restricted Units to be further restricted as to maximum allowable appreciation
and resale price in accordance with the Guidelines in effect at such time.
D. In the event that the Owner or tenant fails to cure any breach, the County or GCHA may
resort to any and all available legal action, including, but not limited to, specific
performance of this Agreement or the appointment of a receiver to manage a Restricted
Unit.
SECTION 7. - DEFAULT/FORECLOSURE
A. It shall be a breach of this Agreement for Owner to default in the payment or other
obligations due or to be performed under a promissory note secured by any deed of trust
encumbering either Property or to breach any of Owner's duties or obligations under said
deed or deeds of trust. It shall also be a breach of this Agreement for Owner to default in
the payment of real property taxes. Owner must notify the County, in writing, of any such
default and provide a copy of any notification received from a lender, or its assigns, of past
due payments or default in payment or other obligations due or to be performed under a
promissory note secured by a deed of trust, as described herein, or of any breach of any of
Owner's duties or obligations under said deed of trust, within five (5) calendar days of
Owner's notification from lender, or its assigns or within five (5) calendar days of Owner's
notification from any other creditor specified herein, of any default, past due payment or
breach.
B. Upon notification of a default as provided in Section 4.B above, GCHA or the County may
offer loan counseling or distressed loan services to the Owner, if any of these services are
available.
C. Upon receipt of any notice of default by Owner, whether the notice described in Section
4.B, above, or otherwise, the County shall have the right, but not the obligation, in its sole
discretion, to cure the default or any portion thereof. In that event, the Owner shall be
personally liable to the County for any payments made by it on the Owner's behalf together
with interest thereon at the rates specified in the obligation then in default, plus 1%,
together with all actual expenses of the County incurred in curing the default, including
reasonable attorney's fees. The Owner shall be required by the County to execute a
promissory note to be secured by a junior deed of trust encumbering the Restricted Lot in
favor of the County for the amounts expended by the County as specified herein, including
future advances made for such purposes. The Owner may pay the promissory note at any
time prior to the sale of the property that includes the Restricted Unit. Otherwise, Owner's
indebtedness to the County shal1 be satisfied from the Owner's proceeds at closing upon
sale of the property that includes the Restricted Unit.
D. Upon filing with the Public Trustee of Garfield County of a Notice of Election and Demand
for Sale ("NED") pursuant to CRS 38-38-101 (4) by the holder of the deed of trust to secure
a loan to purchase and/or construct the property that includes the Restricted Unit made by
an Institutional Lender and/or any subsequent first- lien deed of trust granted to secure a
loan made by an Institutional Lender to refinance the same (each a “First Deed of Trust”
hereunder), the County shall be a "person with an interest in the property....." as described
in CRS 38-38- 103(1)(a)(Il)(E) and, thus, shall be entitled to receive the combined notice
required by and described in CRS 38-38-103(l)(a). And, as a "contract vendee" pursuant
to CRS 38-38-104(l)(d), the County shall be entitled to cure any default which is the basis
of a foreclosure action in accordance with CRS 38-38-104 et seq.
E. This Agreement shall be senior to any lien or encumbrance recorded in the Office of the
Clerk and Recorder of Garfield County, Colorado, after the date on which this Agreement
is recorded in said Office. In the event of a foreclosure of a lien, nothing herein shall be
construed to create a release or waiver of the covenants, conditions, limitations and
restrictions contained in this Agreement.
SECTION 8. - GENERAL PROVISIONS
A. Notices. Any notices, consent, or approval which is required to be given hereunder shall
be given by mailing the same, certified mail, return receipt requested, properly addressed
and with postage fully prepaid, to any address provided in this subsection or to any
subsequent mailing address of the party as long as prior written notice of the change of
address has been given to the other parties to this Agreement. Said notices, consents, and
approvals shall be sent to the parties hereto at the following addresses unless otherwise
notified in writing:
Notice to County: Garfield County
[Address]
Notice to Developer:
[Address]
With a copy to: Chad J. Lee, Esq.
Johnston VanArsdale Martin
P.O. Box 878
Glenwood Springs, CO 81602
B. Delegation. The County and GCHA may delegate their authority hereunder to one another
or to another organization qualified to manage and enforce the rights and obligations of
either the County or GCHA pursuant to this Agreement.
C. Severability. Whenever possible, each provision of this Agreement and any other related
document shall be interpreted in such manner as to be valid under applicable law; but if
any provision of any of the foregoing shall be invalid or prohibited under said applicable
law, such provisions shall be ineffective only to the extent of such invalidity or prohibition
without invalidating the remaining provisions of such document.
D. Choice of Law. This Agreement and each and every related document are to be governed
by, and construed in accordance with, the laws of the State of Colorado. Venue for any
legal action arising from this Agreement shall be in Garfield County, Colorado.
E. Successors. Except as provided herein, the provisions and covenants contained herein shall
inure to the benefit of, and be binding upon, the successors and assigns of the Parties.
F. Section Headings. Paragraph or section headings within this Agreement are inserted solely
for convenience of reference and are not intended to, and shall not govern, limit or aid in
the construction of any terms or provisions contained herein.
G. Perpetuities Savings Clause. If any of the terms, covenants, conditions, restrictions, uses,
limitations, obligations or options set forth in this Agreement shall be unlawful or void for
violation of: (a) the rule against perpetuities or some analogous statutory provision, (b) the
rule restricting restraints on alienation, or (c) any other statutory or common law rules
imposing like or similar time limits, then such provision shall continue only for the period
of the lives of the current duly elected and seated County Council of the County of
Glenwood Springs, Colorado, their now living descendants, if any, and the survivor of
them, plus twenty-one (21) years.
H. Waiver. No claim of waiver, consent, or acquiescence with respect to any provision of this
Agreement shall be valid against any party hereto except on the basis of a written
instrument executed by the Parties. However, the Party for whose benefit a condition is
inserted herein shall have the unilateral right to waive such condition in writing.
I. Gender and Number. Whenever the context so requires herein, the neuter gender shall
include any or all genders and vice versa and the use of the singular shall include the plural
and vice versa.
J. Further Action. The parties to this Agreement, including any Owner, agree to execute such
further documents and take such further actions as may be reasonably required to carry out
the provisions and intent of this Agreement or any agreement or document relating hereto
or entered into in connection herewith.
K. Authority. Each of the parties warrants that it has complete and full authority, without
limitation, to commit itself to all terms and conditions of this Agreement, including each
and every representation, certification and warranty contained herein.
L. Modifications. The parties to this Agreement agree that any modifications of this
Agreement shall be effective only when made by writings signed by the parties, approved
by the County, and recorded with the Clerk and Recorder of Garfield County, Colorado.
M. Attorney's Fees. In the event any of the parties resort to litigation with respect to any of the
provisions of this Agreement, the prevailing party shall be entitled to recover damages and
costs, including reasonable attorneys' fees.
IN WITNESS WHEREOF, the Parties have executed this instrument on the day and year
first written above.
SIGNATURE PAGE FOLLOWS
OWNER:
EASTBANK, LLC
a Colorado limited liability company
By: ______________________________
Name: ____________________________
Title: _____________________________
Date: _______________
STATE OF _________________ )
) ss.
COUNTY OF _______________ )
The foregoing Deed Restriction was acknowledged before me this ______ day of ____________,
202_ by __________________ as ___________________ of Eastbank, LLC, a Colorado limited
liability company.
Witness my hand and official seal.
My commission expires: ____________
______________________________
Notary Public
ACCEPTANCE BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD
COUNTY, COLORADO AND THE GARFIELD COUNTY HOUSING AUTHORITY
The foregoing Declaration of Master Deed Restriction and Agreement concerning the
Occupancy of Certain Rental Units at Flying M Ranch PUD and its terms are hereby adopted
and declared by the Board of County Commissioners of Garfield County, Colorado and the
Garfield County Housing Authority.
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By:_________________________________
Name: ______________________________
Title: ______________________________
Date: _______________
ATTEST:
______________________________
Jackie Harmon, Clerk and Recorder
Garfield County, Colorado
GARFIELD COUNTY HOUSING
AUTHORITY
By: ________________________________
Name: _____________________ ________
Title: ______________________________
Date: _______________
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