HomeMy WebLinkAboutSTAFF REPORT EPPC Habitat on Raven Rezone 2023-10-17
COMMUNITY DEVELOPMENT
Memo
To: Chair Matt Comstock
Estes Park Planning Commission
Through: Jason Damweber, Interim Community Development Director
From: Kara Washam, Planner I
Date: October 17, 2023
Application: Rezone 0.82-acre parcel from RM (Multi-Family Residential) to R-1
(Single-Family Residential)
Habitat for Humanity of the St. Vrain Valley, Inc. (Owner/Applicant)
Van Horn Engineering and Surveying (Representative)
Recommendation: Staff recommends the Estes Park Planning Commission forward a
recommendation of approval to the Town Board of Trustees, subject to the
findings described in the staff report.
Land Use:
Comprehensive Plan Designation: (Future Land Use): Mixed Residential Neighborhood
Existing Zoning District: RM (Multi-Family Residential)
Site Area: 0.82 Acre
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
The Applicant requests the Planning Commission review and consider the proposed
a 0.82-acre parcel from RM (Multi-Family
Residential) to R-1 (Single-Family Residential). See application materials, Attachments
1, 2 and 3.
Location:
The property is legally described as Lot 2A, Ward Minor Subdivision. It is located
approximately 300 feet east of the southeast corner of the intersection of Lone Pine
Drive and Raven Avenue.
Background:
The 0.82-acre subject property is undeveloped and was created through the Ward
Minor Subdivision in January 2021. The property is currently zoned RM (Multi-Family
Residential). The Minor Subdivision was completed in anticipation of further subdividing
the property, enabling Habitat for Humanity to develop single-family residences on five
proposed lots. According to their mission statement, "Habitat is dedicated to providing
decent, affordable housing for low-income families in the St. Vrain Valley School District
and Estes Park."
Project Description:
The Applicant proposes rezoning the 0.82-acre parcel from RM (Multi-Family
Residential) to R-1 (Single-Family Residential), with a minimum lot size of 5,000 square
feet, to create five (5) lots. The proposed subdivision application, known as Raven
Subdivision Preliminary Plat, was submitted for concurrent review with this application
and is contingent upon approval of the rezoning request (Attachment 3). The two
western lots, Lots 1 and 2, will have access by a single point from Raven Avenue, with
Lots 3, 4 and 5 having individual access directly from Raven Avenue.
Habitat for Humanity will construct the dwellings and sell the homes to individual,
qualified buyers. §4.3.D.4
developments in the R-1 District shall be subject to the attainable housing limitations for
Covenant and Agreement is required per §11.4.E.4. The applicant has submitted a draft
of the Affordable Deed Restriction with this rezoning application (Attachment 4).
Location and Context:
The subject property is situated approximately 500 feet north of Big Thompson Avenue
(Highway 34) near an area with a mixture of density and uses, including residential,
accommodations, and commercial. The adjacent residential properties exhibit a range
of density, including RM (Multi-Family) to the north and directly west of the subject
property. The properties to the east of the subject property are lower density and zoned
E (Estate). These lots are approximately 0.47 acres. The Rocky Mountain Hotel and
Conference Center sits just south of the subject property and is zoned A
(Accommodations). The proposed rezoning of the 0.82-acre parcel from RM to R-1 will
create a transition between the higher density development pattern to the west and
north and the larger lot sizes east of the subject property.
Zoning
Table 1: Zoning and Land Use Summary
Comprehensive Plan Zone Uses
Subject Mixed Residential
RM (Residential) Residential
Site Neighborhood
Mixed Residential RM (Multi-Family
North Residential
Neighborhood Residential)
Mixed-Use Accommodations,
South A (Accommodations)
Centers & Corridors Motel
East Suburban Estate E (Estate) Residential
Mixed Residential RM (Multi-Family Residential,
West
Neighborhood Residential) Condominiums
Vicinity Map
Project Analysis
The proposed rezoning would allow the Applicant to move forward with development of
the 0.82-acre property into five (5) single-family lots. §4.3.C.4.(6) of the Estes Park
Development Code (EPDC) requires large lot sizes of at least 18,000 square feet for
single-family residential development in the RM zoning district. Development with the
existing RM zoning is not feasible for the Applicant, due to the size of the subject
property and the desire for the proposed homes to be affordable. If the rezoning request
is approved, a subdivision application is required. The Applicant submitted an
application for a preliminary subdivision plat, which contains details of lot sizes, access,
drainage, water, wastewater, electric, etc. The Planning Commission and Town Board
of Trustees each have a role to review and render a decision for the concurrent
preliminary plat and subsequent final plat subdivision applications, which require public
hearings.
Review Criteria
All applications for text or Official Zoning Map Amendments shall be reviewed by the
EPPC and Town Board for compliance with the relevant standards and criteria set forth
below and with other applicable provisions of this Code. In accordance with Section
demonstrate compliance with the applicable standards and criteria:
1. The amendment is necessary to address changes in conditions in the areas
affected.
Staff Discussion: One documented condition that exists in the Estes Park area is
a shortage of housing, particularly workforce housing and smaller lots to facilitate
workforce housing development. Undeveloped, residentially-zoned property is
nearly nonexistent. The Estes Valley Housing Needs Assessment & Strategic
Plan (HNA) prepared for the Town of Estes Park Housing Authority (EPHA) and
finalized in early 2023, provides several examples of the serious need for and
shortage of housing and need for housing type diversity in Estes Park and the
Estes Valley. Although the HNA provides recommendations and direction to the
Housing Authority, they are based on exploration and analysis of housing issues
and housing needs throughout Estes Park and the wider Estes Valley. The HNA,
which updates the 2016 HNA, recommends collaboration with EPHA and the
broader community and provides direction to decision makers on relevant
housing issues. Some key points in the HNA that illustrate a change in conditions
are as follows:
(2023 HNA, Strategic
Plan, p. 7)
ory of reasonably
priced housing. Stakeholders believe that housing inventory has
progressively worsened in the past five years and many perceive
affordable housing in the Estes Valley as nearly impossible for year-round
(2023 HNA, Section IV, p. 21)
Stakeholders identified land limitations as barriers to residential
2023 HNA, Section IV, p. 23)
The above excerpts from the HNA all point to the need to add additional
development and housing options in Estes Park, which is an ongoing change in
conditions that have steadily worsened for prospective homeowners over the
recent decades in Estes Park and the Estes Valley. Rezoning the subject
property to provide additional single-family building sites can be one small step
towards beginning to alleviate the housing shortage.
Of important note, voters throughout the Estes Valley approved Ballot Measure
6E in November 2022, which imposes a 3.5% lodging tax extension on the local
marketing district to address local issues related to workforce housing and
childcare. This mandate requires the Town to mitigate the housing shortage in
Estes Park for the workforce, and will also require private development to provide
attainable housing options of all types and levels of affordability in order to
address the magnitude of the shortage. This further signifies the urgent need to
address the changing and unsustainable conditions in the Estes Valley that affect
workforce recruitment and retention and prevent families from calling Estes Park
their home.
Staff Finding: The proposed rezoning is necessary to address changes in
conditions in the areas affected.
2. The Development Plan, which the proposed amendment to this Code would
allow, is compatible and consistent with the policies and intent of the
Comprehensive Plan and with existing growth and development patterns in
the Estes Valley.
Staff Discussion: Staff has waived the development plan requirement per Section
3.3.B.1 of the Estes Park Development Code:
e from one
(1) zone district to a different zone district or seeking to amend this Code
by changing the permitted uses in any zone district shall be accompanied
by a development plan. This requirement may be waived by Staff if it finds
that the projected size, complexity, anticipated impacts, or other factors
associated with the proposed development or subdivision clearly justify
The Applicant intends to create single family residential lots, as indicated on the
preliminary plat. This type of development does not trigger a requirement for a
Development Plan under criteria within Section 3.8 of the EPDC. The preliminary
plat application for the proposed subdivision serves largely the same purpose as
Development Plan submittal requirements, including a grading and drainage
plan.
There has been precedent in recent years with rezoning applications in Estes
Park being processed and approved by the Town Board of Trustees that were
not accompanied by a Development Plan, as noted in the three examples below:
507 Grand Estates Drive. This 0.95-acre property was rezoned from CO
(Outlying Commercial) to RM (Multi-Family Residential) in February 2017.
It is now the location of Grand Estates Apartments.
Lot 2 of Castle Ridge Minor Subdivision was rezoned from RE (Rural
Estate) to RM (Multi-Family Residential) in November 2018. This 6.996-
acre property is located just west of the intersection of Fall River Road and
West Elkhorn Avenue. The property was then acquired by the EPHA, who
is currently processing subdivision and development plan applications
proposing the development of 30 townhomes. Note, a significant portion
of this property is not developable due to slopes and rock outcroppings.
The Town-
Fall River Road and Fish Hatchery Road rezoned 21.8 acres from A-1
(Accommodations) to RM (Multi-Family Residential) in order to move
forward with a workforce housing project in October, 2022.
The Future Land Use map within the Estes Forward Comprehensive Plan (Plan)
Mixed Residential Neighborhood
Mixed Residential
Neighborhood high density mixed residential development that facilitates
the coexistence of townhomes, condos, and multi-family complexes. It is
and other neighborhoods9). Although the proposed single-family
development on small lots is categorized as medium density, it is compatible with
the existing character of the neighborhood.
The Comprehensive Plan has nine Guiding Principles for the Estes Valley,
nt to support a multigenerational, year-
Valley has outpaced supply for years leading to decreasing affordability,
overcrowding of the few housing options that are available, increasing reliance
smaller lot sizes allowed in the R-1 (Single-Family Residential) zoning district can
redevelopment that provides for more housing with a focus to increase workforce
Further, Appendix B, Existing Conditions Snapshots notes at the time that the
median family income in the Estes Valley was $84,400 and the 12-month rolling
median sales price for single-family homes and condos has each risen almost
30% annually since 2016 (Page 21). The workforce in Estes Park needs a
feasible path towards stable housing, and smaller lots with smaller footprints for
developments can help reduce costs.
Staff Finding: The proposed rezoning is compatible and consistent with the
policies and intent of Estes Forward Comprehensive Plan, and is consistent with
existing growth and development patterns nearby and throughout the area.
3.The Town, County or other relevant service providers shall have the ability
to provide adequate services and facilities that might be required if the
application were approved.
Staff Finding: Service and utility providers have reviewed the rezoning application
and indicated they are able to provide adequate services to this site.
Reviewing Agency Comments:
This rezoning application was referred out to all applicable review agencies for
comment. Agency comments received identified no issues or concerns with the
rezoning. Specific recommendations were for the subdivision and development that may
follow a rezoning approval.
r comments
regarding the Rezone 0.82 acres from RM to R-
finds that the Rezoning Petition is
acceptable.
o A Traffic Impact Analysis (TIA) is not required as the rezoning does not
warrant the discretionary requirement in EPDC, Section 7.12 H. 2.
o No final plat shall be approved unless public improvements have been
guaranteed in accordance with the provisions of EPDC, Section 10.5 K.
and Appendix B, II. D. 19.
o Final Construction Plans for all improvements shall be submitted at the
time of final plat submittal (Appendix B, II. D. 19).
o Construction plans for all development shall be approved prior to the
issuance of first building permit (Appendix D, IX).
o An erosion control plan sheet shall be required with the construction plans
for the subdivision (Appendix D, VI).
Public Comments:
A neighborhood and community meeting regarding the project was held on August 7,
2023, at the Presbyterian Community Church. There were seven attendees. The
Applicant discussed the rezone and subdivision projects and answered questions
regarding the zoning, timeframe for the project, property valuation, and landscaping of
the proposed development. Staff has meeting notes and a sign-in sheet on file
(Attachment 5).
In accordance with the notice requirements in the EPDC, notice of the Planning
Commission meeting was published in the Estes Park Trail-Gazette, on September 29,
2023. Notification was mailed to all required adjacent property owners on October 2,
2023.
Staff has received no inquiries or opposition at this writing.
Any comments submitted will be posted to: www.estes.org/currentapplications.
Staff Findings:
Based on the foregoing, staff finds:
1. The Planning Commission is the Recommending Body for the Zoning Map
Amendment.
2. The Town of Estes Park Board of Trustees is the Decision-Making Body for the
Zoning Map Amendment.
3. Adequate public/private facilities are currently available to serve the subject
property.
4. This request has been submitted to all applicable reviewing agency staff for
consideration and comment.
5. The Zoning Map Amendment application complies with applicable standards set
forth in the EPDC.
Recommendation:
Staff recommends approval of the proposed Zoning Map Amendment.
Sample Motions for the Zoning Map Amendment:
1. I move to forward a recommendation of approval to the Town Board of Trustees
of the Zoning Map Amendment application, to rezone the 0.82-acre parcel from
RM to R-1, according to findings of fact recommended by Staff.
2. I move to continue the Zoning Map Amendment application to the next regularly
.
3. I move to forward a recommendation of denial to the Town Board of Trustees of
Attachments:
1. Application
2. Statement of Intent
3. Preliminary Subdivision Plat
4. Affordable Deed Restriction Draft
5. Neighborhood and Community Meeting Notes
ESTES
APPLICATION
Submittal Date:8/30/2023
Type of Application
Condominium Map
BoundaryLine Adjustment
Development Plan
Preliminary Map
ROW or Easement Vacation
Special Review
Final Map
Street Name Change
Preliminary Subdivision Plat
Supplemental Map
Final Subdivision Plat
Minor Subdivision Plat
Amended Plat
Other: Please specify
General Information
Habitat Raven Subdivision Preliminary Plat
Project Name
5 Lot Subdivision
Project Description
TBD Raven Ave., Estes Park, CO 80517
Project Address
Lot 2A, Ward Minor Sub., EP
Legal Description
2520316902
Parcel ID #
Site Information
0.5
0.82
Lot SizeArea of Disturbance in Acres
Vacant
Existing Land Use
5 Single Family Lots
Proposed Land Use
5
Existing Water Service TownWellNone Other (specify)
5
Proposed Water Service TownWellNone Other (specify)
5
Existing Sanitary Sewer ServiceEPSDUTSDSepticNone
5
Proposed Sanitary Sewer ServiceEPSDUTSDSeptic
5
Is a sewer lift station required?YesNo
5
Existing Gas ServiceXcelOtherNone
R-1
RM
Existing ZoningProposed Zoning
Raven Ave, between Lone Pine Dr. & Dry Gulch Rd.
Site Access (if not on public street)
5
Are there wetlands on the site?YesNo
5
Site staking must be completed at the time application is submitted. Complete?Yes No
Primary Contact Information
Lonnie Sheldon, Van Horn Engineering
Name of Primary Contact Person
1043 Fish Creek Rd., Estes Park, CO 80517
Complete Mailing Address
5
Primary Contact Person isOwnerApplicantConsultant/Engineer
Attachments
Application fee 5
Digital Copies of plats/plans in TIFF or PDF format emailed to
5
Statement of intentplanning@estes.org
5 copies (folded) of plat or plan
5
11" X 17" reduced copy of plat or plan
Please review the Estes Development Code Appendix B for additional submittal requirements, which
may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report,
wildfire hazard mitigation report, wetlands report, and/or other additional information.
Town of Estes Park P.O. Box 1200 170 MacGregor Avenue Estes Park, CO 80517
Community Development Department Phone: (970) 577-3721 Fax: (970) 586-0249 www.estes.org/CommunityDevelopment
Revised 20
STATEMENT OF INTENT for the RAVEN PRELIMINARY SUBDIVISION
PLATand REZONING of LOT 2A of the WARD MINOR SUBDIVISION,
th
located in Section 20, Township 5 North, Range 72 West of the 6 P.M., Town of
Estes Park, Larimer County, Colorado
September 29, 2023
PROJECT LOCATION:
The proposed development is within the Town of Estes Park, in Section 20, Township 5 North, Range
th
72 West of the 6 P.M. The property is located adjacent to and south of Raven Avenue which is
north of US 34 and east of Lone Pine Drive. The property addresses will be off of Raven Avenue and
there are no new named roads associated with this subdivision.
OWNER:
The owners of this land and the applicant is Habitat for Humanity with a contact of David Emerson.
Habitat will own the property until their new owner qualification and application process is finalized,
at which time, each lot will be deeded to new owners.
PROJECT DESCRIPTION:
This project is proposed as a 5 lot subdivision. The detention pond will be included with the eastmost
lot and will be covenant controlled for maintenance. Each of the four western lots are 5,975 s.f. in size
and the eastmost lot contains 11,950 s.f. Density is calculated at 5/0.82 or 6.1 units per acre which
meets the allowed R-1 zoning density. While the intent of this subdivision is to generally supply local
workforce housing, no density bonus is requested or applied for. This property is within the
annexation limits of the Town currently. There is a dedicated road (Raven Avenue) for the lot
frontage. No new right of way dedication is proposed or needed. Utility Easements are proposed to be
dedicated for the proposed utility needs associated with the buildout of this plan (see preliminary plan).
This project proposes to rezone the current property from residential (RM) zoning to residential (R-1)
zoning which will allow building of single family homes on proposed lots 1-5.
As lots are built out under Habitat for Humanity processes, 5 lots with a house each will be sold
individually and used as single family housing for owners and/or residents in the Estes Valley. This
development is intended for local working families, and not vacation rentals. An HOA with
covenants will be formed for the proposed use and care of the common spaces and improvements.
ACCESS:
Currently the 0.82 acre single lot (2A) is vacant and has no internal roads or driveways. A single
access point will serve the two western lots. The remaining three eastern lots will access directly
from Raven Avenue. The purpose of the shared driveway on the west is to provide better sight
distance given the crest vertical curve that exists on Raven Avenue. This project will easily provide
access for emergency purposes by having individual or shared driveways close to (or on) Raven
Avenue. Given the small size of the development, no traffic study was required.
OPEN SPACE:
Open space is provided by the area on the east side of Lot 5 that contains an existing drainage and
utility easement and a proposed drainage easement. The total square footage of this area is
approximately 6,287 sq-ft which is 17.5% of the existing Lot 2A. This open space area will be used
for passive recreation. The remaining area of Lot 5 to the west of the open space area is 5,660 sq-ft,
Page 1 of 3
which meets the allowed R-1 zoning density. Furthermore, this project includes relatively dense
vegetation on the southand east sides.These vegetated areas have been reviewed and
determined to not be a wetland. Nonetheless, we are proposing minimal impact to the vegetated areas
on site. Two large deciduous tree clusters exist on site. The west of the two is directly under the
proposed home construction on Lot 5, so it will be removed. The east cluster of the two is directly over
the sewer line that exists and will also be removed in time.
UTILITIES (see individual utility notes below):
This property is currently adjacent to all the main utilities. The main lines will be tied into via service
lines and no main lines will be extended.
ELECTRIC: The existing overhead utility lines along the south right of way for Raven Avenue are
proposed to remain overhead.
WATER: A water main exists in Raven Avenue and one trench is proposed to connect 4 of the 5
service lines to. The fifth lot is proposed to connect to the fire hydrant stub on the south side of
Raven Avenue. Regarding fire protection, there is an existing hydrant on site (mentioned above).
SEWER: There is an existing sewer main downhill from the proposed homesites and all 5 new
houses are proposed to connect via pvc separate service lines that exit the south side of each new
home. Each service line will be able to provide sewer service by gravity flow. There is also mention
of (but no formal locates as of yet) a sewer service line near the proposed service lines that serves
the building to the west. Said line will need to be located and maintained or relocated for that service
to continue.
GAS: Gas service has not been worked out at this preliminary stage, but is planned to be secured
from gas lines in the neighborhood.
PUBLIC FACILITIES: Curb and gutter exist along the south side of Raven Avenue and a
wide public sidewalk (concrete) is proposed to be added along the frontage. The grade
of the sidewalk will follow and be attached to the curb and gutter. The sidewalk will be within the
public right of way. For non-access areas, curb h
LANDSCAPING: This project requires landscape buffers along the north (non-arterial) road and the
district buffer along the south (accommodation zoned property). The requirements for buffering of
the streets and districts require significant landscaping that historically has overcrowded the trees so
the future landscape plan (with final plat submittal) will likely propose an alternative. It is planned to
utilize the required number of trees and shrubs, however distribute them throughout the property
including around the proposed houses. Locating trees around the houses provides screening as well
and will add to the visual appeal of the overall property.
STORMWATER: This property is not close to a river, yet has an outfall flow path that can be used for
the outfall from the detention pond that is proposed. The single detention pond is designed to capture
the developed difference in flow and release at 90% of the historic flow, which will minimize-lessen
stormwater impacts downstream. The pond is designed with an outlet structure with an orifice plate
restriction to mimic the 90% historic flow. The location of the release is such that less adverse
impacts will result downstream. There is a significant off-site pass through flow to the east that exists
as a grass lined swale along the southern line of the property. This off-site flow is detained upstream
in at least two detention ponds. No change to this off-site flow quantity is proposed and only
enhancement of the existing swale and repair of one adjacent culvert is proposed (see notes on
Page 2 of 3
drainage sheet). The pond is intentionally kept shallow for safety and the side slopes are proposed at
a 3:1 (H:V) ratio slope so that grasses will take hold, prevent erosion and look aesthetically pleasing.
The pond is also curved and shaped to blend into the natural environment better than a rectangular
pond would.
ARCHITECTURE: Attached to this preliminary proposal are elevations and floorplans for a
house to be built on this subdivision once it is approved.
SCHEDULE: The houses will not all be constructed at the same time, but a steady construction
process is planned as families apply and are matched up with Habitat for Humanity. The utility
service lines will all be installed at one time once approval is given for the subdivision. There is no
formal phasing plan to build the homes by.
Standards for Reviewfor rezoning set forth in EPDC Section 3.3:
The proposed rezoning and preliminary subdivision plat meet the three requirements laid
out in EPDC. Further, by rezoning from RM to R-1 it allows for the building of high-
density single-family homes. RM zoning allows for high-density development but forces
them to be multi-family attached townhomes or condos. The existing lot is currently
vacant and not a steeply sloped lot, so it is an ideal candidate to be developed and add to
the growth of Estes Park consistent with the policies and intent of the Comprehensive
Plan. There are adequate services, utilities and facilities in this area as well.
OTHER:
This property was granted a Variance in January of 2023 by the Estes Valley Board of
A Neighborhood meeting was held in early August of 2023 for this subdivision. Minutes
of said meeting are attached with this application.
All setbacks for the R-1 zone are met with the proposed construction within this proposed
subdivision (as shown on the attached mapping).
A wetland study was completed by Van Horn Engineering (in 2009) and that determined that
there are no wetlands present on the property. Dense vegetation exists in the south east of the
property due to the concentration of storm drainage across this section of the property.
The property does not lie within a Mapped Estes Valley hazard area
Page 3 of 3
Habitat for Humanity Homes
Estes Park, Colorado
MASTER DEED RESTRICTION
Compliance with the provisions of this Agreement shall be
deemed to be a requirement of title.
Master Deed Restriction agreement contains limitations and requirements for
initial sale and resale of affordable homes offered by Habitat for Humanity of
the St. Vrain Valley
ThisMaster Deed RestrictionAgreement(the Agreement)is in effect ninety (90)years from
the date of this Agreement. Compliance with this Agreement is a condition of sale and a requirement
of title.
This Agreement applies to the real property commonly known asXYZ Street, Estes Park,
Colorado(the Property). The Property isa residentialsingle-familyunit and is entered into this xx
day ofXXXX_________, 202_, between Habitat for Humanity of the St. Vrain Valley, Grantor and
XXX homeowneras Grantee.
RECITALS
WHEREAS, the Habitat for Humanity of the St. Vrain Valleyand theUnited States
Department of Agriculturehave provided funds toward the acquisition and development of the
Property; and
WHEREAS, the intent of the Habitat for Humanity of the St. Vrain Valley and the United
States Department of Agriculture in providing these funds is to produce and preserve the
affordability of the Property for persons of low and moderate income; and
WHEREAS, the initial purchaser and subsequent purchasers will benefit from these funds
through limitations on the purchase price of the Property; and
WHEREAS, the availability of the Property for persons of low and moderate income will be
maintained by restricting the initial purchaser and subsequent purchasers to persons qualifying based
WHEREAS, to preserve the affordability ofthe Property for subsequent purchasers, any
resale shall be subject to limitation on the maximum sale price of the Property; and
WHEREAS, the Grantor desires to assign to the Estes Park Housing Authority, its successor
or designee, the right to enforce
compliance with this Master Deed Restrictionpursuant to the terms of this Agreement.
In consideration of the benefits received by the parties, the sufficiency of which is hereby
acknowledged, the parties agree as follows:
1.Definitions
The following terms shall have the following meanings herein:
A.90yearsfrom the date of this Agreement.
B.
C..
D.
fully set forth in Section 4 of this Agreement.
E.thatis recorded senior to
any other deeds of trust or liens against the Property to secure a loan used to
purchase the Property made by an Institutional Lender.
F.nited States Department of Housing and Urban
Development.
G.
for single persons and households of various sizes by the United States
Department of Housing and Urban Development, or by any successor United
2
States Government department, agency, or instrumentality, for Larimer County,
Colorado.
H.
mean the anticipated total income for the next twelve-month period to be
received from all sources by each member of the household including spouse,
and children 18 years of age and older, excluding, however, temporary or non-
recurring income (including gifts), income from the employment of children
under age 18, paymentsfor the care of foster children or foster adults, and
amounts received specifically for the reimbursement of medical expenses for a
member of the household.
I.
institutional lender, which is licensed to engage in the business of providing
purchase money mortgage financing for residential real property.
J.
Propertyresulting in buyer or transferee having status of being an owner on title
to the Property via public record recorded with the Larimer County Clerk and
. Owner does not include a person or entity having an interest
in the Property solely as the security for the performance of anobligation
including, but not limited to, a mortgagee or beneficiary under any deed of trust
or any other form of collateralized agreement.
K.
minimum of ten (10)full months out ofevery calendar year.
L.single family homeas more fully described in Section 2,
which is subject to the terms and conditions of this Agreement.
M.the total amount of consideration paid for the
property by the Grantee, which is $XXX,XXX.XX.
N.
operation of law (whether by deed, contract of sale, gift, devise, bequest,
trust
Property.
2.PropertyDescription
3
The Property subject to the terms and conditions of this Master Deed Restriction is
more specifically described as follows:
________________________________________________________
3.Agreement Binds the Property
This Agreement shall constitute covenants, conditions and restrictions, whichrun
with the Property as a burden thereon, for the benefit of, and enforceable by EPHA
and its respective successors and assignsor enforceable by any other third party
Grantor so chooses to manage and otherwise enforce this Agreement. This
Agreement shall bind each Ownerand each Owner shall be personally obligated
hereunder for the full and complete performance and observance of all covenants,
of the Property. Each and every conveyance of the Property, for all purposes, shall
be deemed to include and incorporate by this reference, the covenants, covenants and
restrictionscontained in this Agreement, even without reference to this Agreement in
any documents of conveyance.
Each Owner agrees to comply with the provisions of this Deed Restriction as a
requirement for title.
4.EligibleBuyers
Resale of the Property by the Owner can only be to an eligible buyer defined as
follows:
A.The buyer must be a natural person.
B.income shall not exceed 80%of AMI adjusted by
household size, and no more than 43%debt to income ratio
shall be used for housing costs adjusted by household size.
Eligible buyers, prior to executing a contract to purchase the Property, must have a
current and valid income certification from EPHAother subsequent designated third
party attorney-in-factstating that the person is an eligible buyer. Income
certification will involve verification of income from all available sources including
but not limited to federal and state income tax records, loan records and applications,
and employer pay records. Falsification or misrepresentation of information
provided by the potential buyer to EPHAor othersubsequentdesignatedthird party
attorney-in-factwill result in automatic termination of eligibility status. As part of
4
the eligibility process, the buyer will be required to provide toEPHAor other
subsequent designated third party attorney-in-facttheir most recent income tax
return, including all attached information supporting such return,and other
information as requested.
C.Property title transfer will only occur after the buyer/s has/have been certified
to meet the HUD income limit according to household size, and have been
pre-qualified by an Institutional Lender for financing to be used to purchase
the property.Asset limits of the buyer/s cannot exceed 20% of the purchase
price. Assets include all cash access such as stocks, savings and checking
accounts, as well as one vehicle per person is permitted, any additional would
be an asset. Retirement accounts are not included in the assetcalculation.
D.The following transfers are exceptions to the buyer eligibility requirement,
provided that the new Owner, other than an estate, shall use the Property as
his or her principal residence:
i. A transfer resulting from the death of an Owner where the transfer
is to the spouse who is also an Owneras defined above.
ii.
purpose of administering the estate and distributing the assets
thereof during a limited period of time. Any transfer from an estate
shall be to an eligible buyer.
iii.A transfer resulting from the death of an Owner when the transfer is
to one or more children of the deceased Owner.
iv.A transfer by an Owner where the spouse of the Owner becomes
the co-owner of the Propertyo-
.
v.A transfer resulting from a decree of dissolution of the marriage or
legal separation or from aproperty settlement agreement incidental
to such a decree by which a spouse,who wasalready an Owner(co-
owner)of the Property prior to such transferby way of a joint
tenancy or tenancy in common, becomes the sole Owner of the
Property.
F.The requirements set forth in Paragraph4(B)above may be modified by a
modification agreement entered into among the Colorado Division of
Housing(DOH) and United States Department of Agriculture (USDA),
Habitatfor Humanity of the St. Vrain Valley, Colorado, and EPHA. In order
for said modification to be effective, said modification must be recorded in
the records of the Clerk and Recorder of Larimer County, Colorado. In no
5
event shall any modification of this
exceed 115%of AMI adjusted by household size. Any modification above
115%AMI adjusted by household size shall receive written approval from
HUD (not to exceed 140%of the AMI).
5.Re-Sale: Maximum Sales Price
A.In no event shall the Property be sold to an eligible buyer for an amount in excess
25% of the
appreciation in market value of the Property from the date of purchase of the
Property by the Owner t
an eligible buyer. Appreciation in market value shall be determined by a market
value appraisal from a qualified appraiser. EPHAor other subsequent designated
third party attorney-in-factshall maintain a list of qualified appraisers. The
Owner shall be responsible for obtaining said appraisal, including all associated
expense with such appraisal. The appreciation in market value shall not include
any value for any approved improvements as set forth in Paragraph5(C) below.
B.
but not limited to, a reasonable commission, customaryclosing costs and title
insurance premiums. Also, the maximum sales price shall be increased by the
reasonable cost of improvements as set forth in Paragraph 5(C) below.
C.Improvements shall only include those improvements made to the Property,
which prior to construction,have received the written approval of EPHAor other
subsequent designated third party attorney-in-fact. Following completion of
approved improvement, the Owner and EPHAor other subsequent designated
third party attorney-in-factshall execute a document that specifies the reasonable
cost of the improvement.
D.NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A
REPRESENTATION OR GUARANTEE BY GRANTOR OR THE EPHA
THAT THE OWNER WILL BE ABLE TO OBTAIN THE MAXIMUM SALE
PRICE, AND THE GRANTOR AND EPHA HEREBY DISCLAIM ANY SUCH
REPRESENTATION OR WARRANTY THAT MIGHT OTHERWISE BE
ALLEGED OR ATTRIBUTED.
6.Complete Consideration Stated on Deed
The purchase price for any transfer of the Property shall be stated on the deed
transferring titleand shall constitute sufficient consideration by the parties to this
6
Agreement for each of the terms and restrictive covenants, conditions and restrictions
set forth in this Agreement.
7.Attorney-in-Fact& Assignment of Grantor Rights to Manage and Otherwise
Enforce this Agreement
Grantor has the right to assignits right to enforce the covenants, conditions, and
restrictions and all other terms under this Agreement to EPHA, any of its successors
or designees, for the purpose of managing and otherwise enforcing this Agreement
by authorizing EPHA to act as its attorney-in-fact by way of power of attorney.
Grantor reserves the right to assign such rightsand attorney-in-fact designation and
roleto a different and subsequent third party in the future, and shall give Owner
notice ofsuch change. As attorney-in-fact, EPHA and any subsequent third party
designated attorney-in-fact, shall have the right to manage, oversee and enforce all
terms under this Agreement.
A.The Owner agrees that he or she will give immediatewrittennotice to EPHA
subsequentdesignated attorney-in-factupon the first to
occur of: (i) the date any notice of foreclosure is provided to the Owner or
any foreclosure is commenced against the Property under the first deed of
trust,whether initiated by way of the Public Trustee process or judicial
foreclosureor (ii) the date when Owner becomes 60days late in making a
payment on the first deed of trust mortgage. Power of Attorney, for the
purpose of verifying mortgage account is in good standing.
8.Partial Subordination of Covenant
A.The provisions of this Agreement shall be subordinate only to the lien of a
first deed of trust to secure a loan to purchase the Property, created by an
Institutional Lenderand recorded with the Larimer County Clerk and
. This Agreement shall not impair the rights of such
exercise its remedies under the first deed of trust in the event of default by
Owner; these remedies include the right to foreclose or exercise a power of
sale or to accept a deed or assignment in lieu of foreclosure.
B.
first deed of trust or a sale or acceptance of a deed in lieu of foreclosure by
the Institutional Lender, this Agreement shall be forever terminated and shall
have no further effect as to the Property or any transferee thereafter.
9.Re-Financing of the First Deed of Trust
7
The Owner may only re-finance the first deed of trust so long as the total amount of
such proposed re-financing loan, plus all other liens, does not exceed eightypercent
(80%) ofthe Maximum Sales Price (Paragraph5of this Agreement) in effect at the
time of the refinancing of the Property. Such refinancing must be with an
Institutional Lenderand any loan obtained through the refinancing process must
remain a first deed of trust.
Estes Park Housing Authority
363 E Elkhorn Ave Ste 101
P.O. Box 1200
Estes Park, CO 80517
Attn: Executive Director
10.MaintenanceofProperty
The Owner shall maintain the Property in good, safe, and habitable condition in all
respects, except for normal wear and tear, and in full compliance with all applicable
laws, ordinances, rules and regulations of any governmental authority with
jurisdiction over matters concerning the condition of the Property. The Owner shall
prevent third parties such as contractors, subcontractors and/or suppliers from
recordingmechanicsliens against the Property, and further, if Owner receives
Notice of a Lien from any such contractor, subcontractor and/or supplier, Owner
must immediate furnish such Notice of Lien in writing to EPHAor other
subsequently designated attorney-in-factwith assurances of preventing the
recordation of such Statement of Lien accompanying the Notice of Lien to avoid any
,
other third party attorney-in-fact,and/or Grantor from any harm resulting from a
11.
The unit Owner shall use the Property as his or her primary residence.
12.Rental Conditions
The Owner may not rent or lease the Property for any period of time except upon
approval of EPHAor other attorney-in-factunder conditions of hardship such as
disability, illness,forced relocation, death in family or other hardship or unusual
circumstance. In such case,the maximum rental period shall be limited to 12 months.
The only other allowed exception being if EPHAor othersubsequentdesignated
8
attorney-in-facthas obtained the unit by default of the unit owner, thenEPHAor
other subsequent designated attorney-in-factmay rent the unit while the property is
being marketed for sale or until transfer to a new eligible buyer.
13.Enforcement of This Agreement
The Grantee and each Owner grants and assigns EPHAor other subsequent
designated attorney-in-factthe right to review and enforce compliance with this
Agreement. If there is reasonable cause to believe that a violation of this Agreement
has occurred, EPHAor other subsequent designated attorney-in-factwill send a
notice to the unit owner describing the nature of the violation and allow the unit
owner fifteen (15) daysfrom the date of such noticetofullycurethe stated violation.
If the violation is not cured within the 15-day periodor subsequent other
designated attorney-in-notice, the unit Owner shall be considered in violation
of this Agreement
Any legal action to enforce any term of this Agreement or concerning any dispute
relatedto this Agreement shall becommencedin Larimer County, Colorado.
Colorado law shall govern any disputeunder this Agreement. The Owner shall pay
all court costs and reasonable attorneyfees incurred by EPHAor other subsequent
designated attorney-in-factin the enforcement of any of the terms and conditions of
this Agreement.
With regard to any violation of the terms and conditions of this Master Deed
Restriction, the following remedies shall not be available to nor pursued by EPHA
other subsequent designated attorney-in-fact.
A.The violation of the terms and conditions of the Master Deed Restriction
shall not void any conveyance of the Property by the Owner.
B.The violation of the terms and conditions of the Master Deed Restriction
C.The violation of the terms and conditions of the Master Deed Restriction
shall not accelerate any Promissory Note secured by a first deed of trust nor
shall be a default under the terms and conditions of any first deed of trust on
the Property.
D.A violation of the terms and conditions of the Master Deed Restriction shall
9
not increase any interest rate of any Promissory Note secured by a first deed
of trust on the Property.
The only remedy available to EPHAorother subsequent designated attorney-in-fact.
for the violation of any of the terms and conditions of this Master Deed Restriction
by Owner shall be for EPHAor other subsequent designated attorney-in-factto
recover all sums due and any funds advanced by EPHAother subsequent designated
attorney-in-factpursuant to default of Owner as morefully set forth in Paragraph
8(B) of this Master Deed Restriction, all court costs and reasonable attorneysfees
incurred by EPHA other subsequentdesignated attorney-in-fact in the enforcement of
this Agreement, and all sums received by Owner from any transfer that exceeds the
maximum sales price set forth in Paragraph 5of this Master Deed Restriction.
14.Right of First Refusal
Grantor, EPHA or any subsequently designated attorney-in-fact shall have the Right
of First Refusal with respect to any transfer of the Property except those transfers
specified in Paragraph4(D) of this Agreement. This Right of First Refusal is as
follows:
A.If the Owner receives from any third party a bona fide offer to purchase the
Property, Owner agrees to disclose the terms of such offer to EPHAor other
attorney-in-factin writing within five (5) days following receipt of the offer.
B.EPHAor other attorney-in-factshall have forty-five (45) days after receiving
notice of the terms of the offer within which to elect to purchase the Property
on terms identical to those offered by the third party. Such an election shall
be made by written notice to Owner. Within ten (10) days thereafter the
parties shall enterinto a formal contract of sale in the form approved by the
Colorado Real Estate Commission and expressly including all terms of the
original bona fide offer, except as the parties may mutually agree.
C.If EPHAor other attorney-in-factfails to give the written notice of its
election to exercise its First Right of Refusal, the Owner shall be relieved of
all liability with regard to this First Right of Refusal and may dispose of the
property to the third party under the same terms and conditions of the original
bona fide offer.
15.Miscellaneous
10
A.This Agreement shall run with the land. It shall bind the land for 90years
from the date of this Agreement and the benefit hereof shall inure perpetually
to, the Owner, his or her heirs, legal representatives, executors, successors in
interest and assignees, and to EPHAor any subsequent attorney-in-fact, and
theirsuccessors, designees, or assignees.
B.The Property is held and hereafter shall be held, conveyed, hypothecated,
encumbered and occupied subject to the covenants, conditions, restrictions
and limitations of this Agreement.
C.All of the herein-stated covenants, conditions, restrictions and limitations are
intended to constitute covenants running with the land.
D.Any buyer or transferee of the Property or of any portion of or interest in the
Property, by acceptance of a deed therefore, or by the signing of a contract or
agreement to purchase the same, shall, by acceptance of such deed or by the
signing of such contract or agreement be deemedto have consented to and
accepted the covenants, conditions, restrictions and limitations set forth
herein.
E.Notices to EPHA shall be given in writing and delivered in person or mailed,
by certified or registered mail, return receipt requested, at the address set
forth below, or such other address designated by the EPHA by like notice as:
Estes Park Housing Authority
363 E Elkhorn Ave Ste 101
P.O. Box 1200
Estes Park, CO 80517
Attn: Executive Director
F.If any provision of this Agreementshall be held by a court of proper
jurisdiction to be invalid, illegal or unenforceable, the remaining provisions
shall survive and their validity, legality or unenforceability shall not in any
way be affected or impairedthereby.
G.The conditions of this Covenant shall be interpreted so as to avoid
speculation on the Property and to insure to the greatest extent possible that
its purchase price and mortgage payments remain affordable throughout the
affordability period to persons and families of low \[moderate\] income.
11
H.
exemption under Article XVIII, Section I of the Colorado Constitution and
under Part 2, Article 41,Title 38 of the Colorado Revised Statutes or any
successor statutes. The Owner waives his or her homestead rights to the full
or other attorney-in-
rights and remedies under this Covenant.
I.If EPHAor any subsequent attorney-in-facthas reasonable cause to believe
that an Owner is violating any provision of this Agreement, EPHAor any
subsequent attorney-in-fact, through its authorized representative, may
immediatelyinspect the Property between the hours of 8:00 a.m. and 5:00
p.m., Monday through Friday, after providing the Owner with no less than 24
hours written notice.
J.This Agreement cannot be modified except in writing and only upon the
expresswrittenapproval of EPHAor any subsequent attorney-in-fact.
16.Administrative Fee:
Upon any transfer or sale of the Property, the Owner (Seller) shall pay at closing to
EPHA a sum equal to 0.5% of the purchaseprice. Said sum is for the purpose of
reimbursing EPHA for the administrative costs of monitoring this Agreement and
matters related thereto. Remit payment and mail to:
Estes Park Housing Authority
363 E Elkhorn Ave Ste 101
P.O. Box 1200
Estes Park, CO 80517
Attn: Executive Director
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
stated above.
12
Habitat for Humanity of the St. Vrain
Valley, GRANTOR
___________________________________
By: Dave Emerson,Executive Director
STATE OF COLORADO)
) ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this__day of _____, 20__by the
Executive Director, Habitat for Humanity of the St. Vrain Valley, as Grantor.
Witness my hand and official seal.
My commission expires: __________________
____________________________
Notary Public
(seal)
GRANTEE
___________________________________
XXX Homeowner
STATE OF COLORADO)
) ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this 26day ofJuly, 2021by
Witness my hand and official seal.
My commission expires: _____________________
____________________________
Notary Public
(seal)
13
MEETING NOTES
Meeting:Habitat for Humanity Raven AvenueProject
Date/Time:Thursday, August7, 2023at 5:00 PM
Location:Fellowship Hall, Presbyterian Community Church –1700 Brodie Avenue
Note Taker:Daniel Barrett, Van Horn Engineering
Project Overview
John Lovell, Director of Development for Habitat for Humanity of the St. Vrain Valleypresented.
Johnintroduced professionals assisting with project.
Lonnie Sheldon, Van Horn Engineering
Daniel Barrett, Van Horn Engineering
Lonnie Sheldon, Van Horn Engineering presented the following
Site Plan–show housing footprints, 5 single family homes, each house has a 1-cargarage, homes would
be two stories and have 3 or 4-bedrooms, two western most homes would utilize a shared driveway
Conceptual Architectural Plans–conceptual butgives you an idea of what this might look like.
Notice of Application
–neighbors will be noticed that application submitted. Sign will be posted to
let you know application has been submitted.
Reason for rezoning –RM zoning is high density but there is a caveat in the Code that does not allow for
single family homes to be built on these proposed lots. Rezoning to R-1 would solve this problem and
allow Habitat to keep the plans exactly as they are. Lonnie explained that the Town is waiving the
rezoning fee to make this process easier for Habitat. The Town generally supports rezoning. Habitat loses
out on timing because Van Horn did not catch this caveat in the Code.
John Lovell, Habitat for Humanity presented the following
Habitat for Humanity overview
o Summary of Habitat for Humanity’s vision/mission to provide permanently affordable housing.
o Homeownership model
o Affordable, USDAmortgages1-3% interest, recycle to build more homes
o Those selected need to have a housing need, ability to repay, and income in the range of 40-80%
of the Area Median Income($40,000 -$80,000/year income for a family of four)
o Families partner, take classes to prepare for home ownership
o Must be US Citizen or legal resident
o Long term benefits to homeowners in the program–2021study completed in Colorado
Greater sense of well-being
Improved health
Safer neighborhood
Increased savings
Improved educational outcomes for family members
o Goal is to make sure Habitat for Humanity homes blend in with other homes in the neighborhood
where they are located. Provided examples of homes built in Estes Park. Have homes in 30
different neighborhoods.
o Homes will become part of Estes Park’s permanently affordable housing stock.
November 19, 2020
Project location –loton Raven Avenue, across from OlympianLanewhich will support 5 single family
homes
Public Comments & Questions
Question:–Has rezoning been approved?
Answer –No,not yet -this meeting is the first step in that process.
Question:–How will this affect property taxes?
Answer –John Lovell explained that property taxes tend to go up and houses appreciate at the same value as the
rest of the neighborhood.
Question:–Will the Town fix that zoning issue that makes it difficult to build high-density single family homesin
RM zoning?
Answer –Lonnie explained that former Planner Randy Hunt wanted to fix itbut left before he could.
Question:–From property owner across the street: will the thistle that was pulled from the lot and piled up on site
be removed soon?
Answer –John Lovell explained that it was supposed to be removed and thanked the property owner for bringing
this to his attention. He expressed his intention to get it removed as soon as possible.
Question:–Whatis the timeline to build?
Answer –That depends on Town support and volunteers. Habitat hopes to build at least 1 house per year. With
more community volunteers, they can build faster. Lonnie explained the utility work needed to get started with one
road cut being necessary. If this plan is approved, they can begin building foundations in the spring (2024).
Question:–Will it be landscaped and will wild,existing vegetation be replanted?
Answer –The Town has landscaping guidelines that will be followed. Lonnie explained that there will be more
public meetings moving forward and that can be discussed if the plan is approved. Lonnie explained reason for
shared access on the west side.
Page2| 2