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HomeMy WebLinkAbout2018-06-12 VLHA Meeting Agenda Vail Local Housing Authority TOWN OF VAIL Agenda Tuesday, June 12, 2018 Regular Meeting 3:00 PM —5:00PM Housing Large Conference Room (Community Development Building) 75 South Frontage Road West, Vail, Colorado 81657 MEMBERS PRESENT MEMBERS ABSENT Steve Lindstrom Mary McDougall Molly Morales Francisco Meza James Wilkins Staff George Ruther Lynne Campbell 1. Review and Approve May 30, 2018 Meeting Results 5 Min. 2. Employee Housing Unit Deed Restriction Exchange Requests: 44 Willow Place Unit 3/44 Vail Road Unit 3 and Lot 39-1 Glen Lyon/1170 Westhaven Lane and 1875 West Gore Creek Drive 15 Min. 3. Housing Policy Update Discussion 35 Min. 4. Executive Session per C.R.S. §24-6-402(4)(a)(e) - to discuss the purchase, acquisition, lease, transfer or sale of real, personal or other property interests; for the purposes of receiving legal advice on specific legal questions and to determine positions relative to matters that may be subject to negotiations regarding: Vail InDEED applications and deed restrictions. 45 Min. Adjournment at 5:00 PM Next Meeting — June 26, 2018 Future Agenda Items: • Update Economic Value of Housing Discussion • VLHA Business Plan • East Vail Parcel Update • Open Lands Plan Discussion • West Vail Master Plan Discussion Page 1 Vail Local Housing Authority TOWN OF VAIL Meeting Results Wednesday, May 30, 2018 Regular Meeting 1:00 PM -3:00 PM Municipal Admin Conference Room 75 South Frontage Road West, Vail, Colorado 81657 MEMBERS PRESENT MEMBERS ABSENT Steve Lindstrom James Wilkins Mary McDougall Francisco Meza Molly Morales Staff George Ruther Lynne Campbell Lindstrom called the meeting to order 1:07PM, quorum was present. The Authority reviewed and approved the May 8, 2018 meeting results as presented. MOTION: MORALES SECOND: LINDSTROM VOTE: 2-0 (MCDOUGALL ABSTAINED) Review of RESOLUTION NO. 11, SERIES 2018 A RESOLUTION APPROVING THE PURCHASE OF A DEED RESTRICTION INTEREST IN PROPERTY (TYPE III DEED RESTRICTION) IN THE TOWN OF VAIL LEGALLY DESCRIBED ASHOMESTAKE AT VAIL UNIT A107, EAGLE COUNTY, COLORADO WITH A PHYSICAL ADDRESS OF 1136 SANDSTONE DRIVE UNIT A107, VAIL, COLORADO; SUBJECT TO RATIFICATION BY THE VAIL TOWN COUNCIL; AND SETTING FORTH DETAILS IN REGARD THERETO. MOTION: MORALES SECOND: MCDOUGALL VOTE: 3-0 Review of AMENDMENT TO RESOLUTION NO.8, SERIES OF 2018 A RESOLUTION APPROVING THE PURCHASE OF A DEED RESTRICTION INTEREST IN PROPERTY (TYPE III DEED RESTRICTION) IN THE TOWN OF VAIL LEGALLY DESCRIBED AS PINE RIDGE TOWNHOUSE UNIT 6, EAGLE COUNTY, COLORADO WITH A PHYSICAL ADDRESS OF 2195 CHAMONIX LANE UNIT 6A, VAIL COLORADO; CONTINGENT UPON SUBORDINATION AGREEMENT AND SUBJECT TO RATIFICATION BY THE VAIL TOWN COUNCIL; AND SETTING FORTH DETAILS IN REGARD THERETO. AND SETTING FORTH DETAILS IN REGARD THERETO. Resolution was approved with corrections, removed "amendment to" and duplicate "and setting forth details in regarding thereto". MOTION: MORALES SECOND: MCDOUGALL VOTE: 3-0 Discussion of an Employee Housing Unit Deed Restriction Exchange Request for 44 Willow Place Unit 3/44Vail Road Unit 3 and Lot 39-1 Glen Lyon/1170 Westhaven Lane Page 1 TABLE TO JUNE 12, 2018 MOTION: MORALES SECOND: MCDOUGALL VOTE: 3-0 Discussion ensued regarding revised Lottery Resale Criteria per Council's direction. Council requested the Authority review the number of years an applicant meets to receive additional lottery tickets. The Authority agreed to amend the time frame from 10 years to 5 years or more for lived or worked in Vail. • 1 ticket to enter, meeting lottery criteria • 1 ticket for working in Vail at time of lottery • 1 ticket for living in Vail at time of lottery • 1 ticket for working in Vail 5 years or more • 1 ticket for living in Vail 5 years or more An option suggested was to total tickets by one if the applicant owns a current deed restriction should Council continue to have ownership concerns. The Authority agreed applicants could own an Eagle county residential property at application submission. Upon closing the applicant must do one of the following: sell their existing unit, deed restrict the existing unit subject to Town of Vail approval or if the existing property is currently deed restricted they can keep it as long as owner meets both deed restrictions. Terms of an existing deed restriction will prevent an owner from keeping the unit. Vail InDEED deed restrictions are free market units and do not have to be the owner's primary residence. Ruther mentioned the Employee Housing Resale Guidelines will need to be amended and approved by Council. This will be presented for adoption at the June 19 meeting along with the lottery guidelines. Next up Ruther reviewed the Housing Policies Update for the Council joint session. He said Housing is looking to Council to provide direction down to staff and through out the Town. The Authority reviewed and discussed the joint work session memo and evaluated if there were any items missing from the proposed policy statement. Suggested items to add under Roles and Responsibilities were: • adding an item regarding issuing debt free of TABOR under Vail Local Housing Authority • propose initiatives under Vail Local Housing Authority • staff boards under Vail Housing Department Today's meeting objective was to determine which of the memo items listed need to be addressed. Ruther asked what's relevant, what's missing? The Authority spent time reviewing and restructuring the 27 existing housing policies to fit under General Housing Policy Statement (draft) section. Upon completion Ruther asked if we have everything covered. Lindstrom thought changing #7 to include fairness and not just about lottery. Programs are fair and equitable as implemented and administrated. Keep access open. Linstrom mentioned using zoning and other codes as incentives. Ruther suggested aligning land use regulations with housing policies. Morales wondered if some departments aren't aligned. Include some language in #1. Page 2 Lindstrom asked if we need more or less in policy statements. Group thought order didn't matter as all need Council direction. Use the list of items under each category as the driver to what is most important. After discussion the Authority agreed to reorder the General Policy Statements as follows: 1 is 6is4 2is3 7is7 3is6 8is9 4is1 9is8 5 is 2 Lindstrom asked if we need to think about decreasing or adding to the list. Ruther said by bring list to joint session we'll be prepared, we don't need to finish the process as Council will have their own thoughts. Morales asked if the goal is to create new policies. Ruther said he took existing policies and will present the new housing policy list to Council at the afternoon joint session. This list may not become the exact language but it brings the Authority close. Policy development discussion ensued with the Authority. Ruther will speak to the Mayor and Mayor Pro Tem about some public outreach. Linstrom asked if the new list of policies supports the goal. Yes it supports both policy and goals stated Ruther. He believes Council will ask Authority to go back and review, revise the presented list and come back to them at a later date. Morales asked who could participate in the joint work session meeting. Ruther stated it is a public meeting and will be dialogue between Council and the Authority. The Authority asked about funding next steps for Vail InDEED. Per Ruther we're going to Council for a supplemental request. There was no Executive Session at this meeting. Morales made a motion to adjourn the meeting at 2:45 PM MOTION: MORALES SECOND: MCDOUGALL VOTE: 3-0 Next Meeting — June12, 2018 Future Agenda Items: • Joint Town Council VLHA June 5, 2018 Meeting Review • Housing Policy Update Discussion • Update Economic Value of Housing Discussion • VLHA Business Plan • East Vail Parcel Update • Open Lands Plan Discussion • West Vail Master Plan Discussion Page 3 (° TOWN OF VAI5 Memorandum To: Vail Local Housing Authority From: Housing Department Date: May 30, 2018 Subject: A request for a recommendation to the Vail Town Council for the release of a deed restriction from an existing employee housing unit located at 44 Vail Road Unit 3 in exchange for the placement of an employee housing deed restriction on another dwelling unit location to be determined pursuant to Section 12-13-5 Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. Applicant: Alejandro Gonzalez Cimadevilla, represented by K.H.Webb Housing Coordinator: Lynne Campbell DESCRIPTION OF REQUEST The owner of 44 Willow Place Unit 3 /44 Vail Road Unit 3 that has a non compliant 489 square foot Employee Housing Unit and requests to exchange this EHU for placement of an Employee Housing Unit Deed Restriction on another dwelling unit location to be determined. II. REVIEW CRITERIA Before acting on an employee housing deed restriction exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the application: 1. The exchange EHU shall not be part of any employee housing project developed or deed restricted (in part or in whole) by the town of Vail. The exchange EHU shall not be part of any on site employee housing mitigation required by inclusionary zoning, commercial linkage, or as part of an approved development plan. The existing Type III EHU was built in 1994 and recorded in May 1995 using common area gross residential square footage. Each of the 3 condominiums at 44 Willow Place contains an EHU. All are required to submit an annual affidavit indicating if the unit is rented and are not required to rent. The EHU is not part of any employee housing project developed or deed restricted nor is it part of any required mitigation. Therefore, Staff believes the proposed EHU conforms to this criterion. 2. The exchange EHU shall not be part of any on site employee housing mitigation required by inclusionary zoning, commercial linkage, or as part of an approved development plan. The exchange EHU was built as part of the original construction of 3 condominiums using common area to add an EHU in each condominium. The EHU is not part of an approved development plan. Therefore, staff believes this exchange EHU complies with the applicable requirements. 3. The property that includes the exchange EHU shall comply with the prescribed development standards (density controls including GRFA and number of units, site coverage, landscaping and parking requirements, etc.), as outlined in the applicable zone district section of this title, upon exchange of the deed restrictions. The exchange unit has yet to be identified therefore staff has no evaluation of this criteria at this time. 4. The proposed EHU(s) shall be within a homeowners' association that does not preclude deed restricted units, does not have a right of first refusal, does not have right to approve the sale or the sale contract, or have any other requirements deemed to be similarly restrictive by the administrator. The proposed EHU has not yet been identified and this criteria point will be reviewed by staff at which time the proposed unit location is provided. 5. The proposed EHU shall comply with the minimum size requirements shown in table 13-2 of this section. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. The exchange EHU is located within the commercial job core area. Therefore the proposed EHU shall meet the one of the criteria listed below as noted in Town Code 12- 13-5 Section 3, Exchange Rate For Proposed EHUs: 3a. If the exchange EHU(s) is within the commercial job core and the proposed EHU(s) is also within the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. 3b. If the exchange EHU is within the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of three (3) times the gross residential floor area (GRFA) of the exchange EHU. Town of Vail Page 2 If the proposed EHU is located within the commercial job core it must contain a minimum 978 square feet. If the proposed EHU is located outside the commercial job core it must contain a minimum of 1,467 square feet. TABLE 13-2 MINIMUM SIZE OF PROPOSED EHUs Type Of Unit Minimum Size (GRFA) �I Studio 438 square feet 1 bedroom 613 square feet 2 bedroom 788 square feet 3+ bedrooms 1,225 square feet 111111111 6. The ro osed shall contain a kitchlen facilityor kitchenette and a proposed EHU bathroom. Upon the proposed EHU location being identified staff will verify a kitchen facility or kitchenette and a bathroom are present. 7. The property on which the proposed EHU is located shall comply with chapter , "Off Street Parking And Loading", of this title. Parking compliance at the proposed EHU will be verified by staff upon proposed EHU location. 8. The proposed EHU shall have its own entrance. There shall be no interior access from the proposed EHU to any dwelling unit to which it may be attached. The proposed EHU entrance will be verified by staff upon proposed EHU location. Ill. ATTACHMENTS Applicant Request 05212018 Original Approved Lower Level Floor Plan Exchange EHU Deed Restriction Town of Vail Page 3 5.21.18 revised Vail Local Housing Authority Attn:George Ruther 75 S. Frontage Road Vail,Colorado 81657 Re: EHU Exchanges for 44 Willow Place, Unit 3 and 1 170 Westhaven Drive Dear VLHA Board Members, Thank you for your assistance in these matters and the urgency in resolving the EHU exchange at 44 Willow Place, Unit 3! As George and I have discussed in recent weeks,we are looking for creative and affordable solutions to remove the EHU's from both of these properties in Vail as well as provide valid and 100%occupied EHU's in the Town of Vail. As you may know both of my clients purchased these properties with the requirements for EHU's already on them. 44 Willow Place was purchased by Alejandro Gonzalez Cimadevilla in the fall of 2015 with a previously never occupied and invalid EHU in place. As we proceeded with a fully TOV approved and Permitted renovation of the property that is now in its final phases,we realized the EHU mandate of the property and its lack of functional nature. We are now in process of purchasing a EHU Deed Restriction on another property in Vail to do a 3 to I exchange for 489sf or 1,467sf. At the moment,the property we are pursuing is +/- 2,100sf and we propose to Deed Restrict the entire amount but enable our client to transfer the excess square footage to remove another Deed Restriction for an un-built home at 1 170 Westhaven Drive,that is in the early stages of design. That property has a requirement for a Type 111/500sf EHU and we also propose a 2 to I Exchange for 1,000sf. To complete the exchange at that property,we will purchase a deed restriction on another property that is at least 367sf so there will be no loss in units or square footages in the Town of Vail. The Westhaven proposal is a bit more complex and will require an SDD Amendment,we will retain Dominic Mauriello to aid in the approval process also. At this point,we still need to finalize details and bank approvals with the seller of the Deed Restriction but are looking for the VLHA to approve this proposal so we may continue forward in an expeditious manner to resolve these matters. We look forward to your assistance with this matter! Sincerely, KflW �Itt k Kyle H. Webb,AIA K.H.WEBB ARCHITECTS P.C. CC: Alejandro Gonzalez Cimadevilla Rick Travers Esq.Wear Travers and Perkins Ignacio Torras Greg Perkins Esq. Wear Travers and Perkins Chris Neubecker, Planning Manager Matt Mire, Town Attorney Dominic Mauriello, MPG /la 141I.S1 IIUId'IiPilll) (IN(ll![ '11111'. 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IIIIIIIIIIIIIIII1 „oulomilu,„0„,„,„ „„,H , . 10- TYPE HI EMPLOYEE HOUSING UNIT 79/ RESTRICTIVE COVENANT B.m.S. & P. a Colorado Limited Partnerthip wHcnEAS, is the owner of certain properly ("the Owner) described asY nit 3 E.11.0. , a Portion of unit 3, 44 Willow Place, accordin. to the COndominium Map recorded ii C1 lb noon tt Page LI , and as defined and described in the (146dom{nium Declaration recorded . , in ;on acr, a age Qua y a d • .rado. ("the Property");and WHEREAS, the Owner wishes to place certain restrictions on the use of a unit or apartment located on the Property for the benefit of the Owner and the Town of Vail, Colorado ("the Town"). NOW, THEREFORE,the Owner does hereby impose,establish, acknowledge,declare for the benefit of all persons who may hereinafter purchase, or lease,or hold the subject land the following restrictions,covenants, and conditions, all of which shall he deemed to run with the land and inure to the benefit and be bonding upon the Owner, its respective grantees, successors, and assigns. 1. Unit or Apartment 3 E.H.u. 489 containing square feet,is hereby restricted as rir\ a Type Ill Employee Housing Unit (EHU) which must comply with all the provisions of Sections 18.57.020, 1157,030, and 10.57.060 of!he Vail Municipal Code as amended. 2. The Type III Employee Housing Unit shall not be leased or rented for any period of less than thirty(30) consecutive days;and, if it shall be rented, it shall be rented only to tenants who are full time employees who work in Eagle County. For the purposes of this paragraph, a full lime employee Is one who works an average of a minimum of thirty pm hours each week. 3. A Type III EHU may be sold, transferred,or conveyed separately from other dwelling units or Employee Housing Units that may be located on the same lot or within the same building so long as it meets the following conditions: a) It must be used by the owner of the EHU as a permanent residence. For the purpose of this paragraph, a permanent residence shall mean the home or qt-1 place in which one's habitation is fixed and to which one,whenever he or she cy is absent, has a present intention of returning after a departure or absence " therefrom,regardless of the duration of absence. In determining what Is a REC 15.00 e k & Recorder 562503 B-666 Eagle ount y C r P-4 80 05/0C 3/95 Sara J, Fisher 04:l42P PG 1 OF 3 DOC permanent residence, the Town staff shall take the following circumstances relating to the owner of the residence into account:business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse and children it any,location of personal and real property,an motor vehicle registration. b) II a Type III EHU is sold, transferred,or conveyed separately from the other dwelling units and/or Type III Employee Housing Units in a multifamily structure it is apart of, or from other dwelling units and/or Type III EHUs located on the same lot, the Type Ili EHUs in the structure or on that lot shall be subject to all the provision set forth in Section 18.57.020. 4. Thirty days prior to the transfer of a deed for a Type III EHU, the prospective purchaser shall submit an application lo the Community Development Department documenting that the prospective purchaser meets the criteria set forth above and shall include an affidavit affirming that he or she meets these criteria. 5. The Type III EHU shall not be divided into any form of timeshares, interval ownership, or fractional fee ownership as those terms are defined in the Municipal Code of the Town at Vail, 6. No later than February 1 of each year, the owner of each employee housing unit within the Town which is constructed following the effective dale of this ordinance shalt submit Iwo (2) copies of a report of a lorm to be obtained from the community Development department, to the Community development Department of the Town of Vail and • Chairman of the Town of Vail Housing Authority selling forth evidence establishing that each tenant whom resides within their employee housing unit is a full-time employee in Eagle County. 7. The provisions of these restrictive covenants may be enforced by the Owner and the Town. `-• 8. The conditions,restrictions, stiputations, and agreements contained herein shall not be 1-0 waived, abandoned, terminated, or amended except by the written consent of both the Town of Vail and the Owner of the property. 2 562503 8-666 P-480 05/03/95 04 :42P PG 2 OF 3 / I TOWN OF VAIL, a Colorado municipal corporation By: Robert W. 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