HomeMy WebLinkAbout2018-06-26 VLHA Meeting Agenda Vail Local Housing Authority
TOWN OF VAIL Agenda
Tuesday, June 26, 2018
Public Meeting
3:00 PM —5:00PM
Housing Department
Large Conference Room
75 South Frontage Road West, Vail, Colorado 81657
(Public Invited)
MEMBERS PRESENT MEMBERS ABSENT
Steve Lindstrom
Mary McDougall
Molly Morales
Francisco Meza
James Wilkins
Staff
George Ruther
Lynne Campbell
1. Review and Approve June 12, 2018 Meeting Results 5 Min.
2. Resolution No. 12 Series of 2018, Second Amendment to the Development Agreement between the
Town of Vail, the Vail Local Housing Authority and Sonnenalp Properties, Inc. 5 Min.
3. Employee Housing Unit Deed Restriction Exchange Request located at 44 Vail Road Unit 3/
44 Willow Place 10 Min.
4. Housing Policies 45 Min.
5. Lionshead Temporary Housing Proposal 20 Min.
6. 6 West Deed Restriction Acquisition Recommendation 20 Min.
7. VLHA Webpage Development 5 Min.
8. C.R.S. §24-6-402(4) (a) (e) - to discuss the purchase, acquisition, lease, transfer, or sale of
property interests and to determine positions, develop a strategy and instruct negotiators,
regarding: submitted Vail InDEED applications and program details. 10 Min.
Adjournment at 5:00 PM
Next Meeting —July 10, 2018
Future Agenda Items:
• Long Term Funding Source • Housing Data
• 2019 Budget • Update Economic Value of Housing
• VLHA Business Plan Discussion
Page 1
Future Agenda Items Continued:
• East Vail Parcel Update
• Open Lands Plan Discussion
• West Vail Master Plan Discussion
Page 2
Vail Local Housing Authority
TOWN OF VAIL Agenda
Tuesday, June 12, 2018
Regular Meeting
3:00 PM —5:00PM
Housing Department
Large Conference Room
75 South Frontage Road West, Vail, Colorado 81657
(Public Invited)
MEMBERS PRESENT MEMBERS ABSENT
Steve Lindstrom
Mary McDougall
Molly Morales
Francisco Meza
James Wilkins
Staff
George Ruther
Lynne Campbell
Lindstrom called the meeting to order at 3:15PM. All members are present.
The Board reviewed and approved the May 30, 2018 meeting results.
MOTION: Morales SECOND: McDougall VOTE: 3-0-2 (Wilkins, Meza abstained)
McDougall and Ruther reviewed the Council meeting discussion regarding lottery resale applicants.
Conclusion by Council was an owner of existing residential property may enter, upon winning a deed
restricted home they need to deed restriction existing home upon Council approval or sell. The Town,
however, will not purchase the deed restriction
The Board discussed Employee Housing Unit Deed Restriction Exchange Requests. 44 Willow Place
Unit 3 /44 Vail Road Unit 3 is a noncompliant underperforming restriction and is going through a major
remodel removing the EHU. The owner proposes exchanging the unit and were provided a Vail
InDEED applicant's contact information to work toward agreement. The Vail InDEED home has excess
square footage for what needs to be met with the exchange. The proposal by Kyle Webb is to use the
excess square footage toward meeting the exchange request for Lot 39-1 Glen Lyon/1170 Westhaven
Lane.
Staff having presented at the prior meeting Morales summarized the exchange for the Board.
Ruther asked the Board to consider the "noncompliant EHU" and deemed this type unit as an
"underperforming unit" as it is not rented. Ruther there won't be any net loss of deed restriction.
The Board agrees to the request for 3 times the equivalent replacement upon property identification at
which time a formal recommendation to Council will be made.
Page 1
1875 West Gore Creek Drive was discussed for exchange. The owners of the Type I would like to
exchange for 2:1. They are looking at a replacement property in East Vail. The home needs to comply
with zoning and GRFA. Ruther has asked the planners to look into confirming the existing GRFA. The
obligation is to have a deed restriction unit.
Ruther said the housing policy discussion scheduled for June 19th has been moved to the July 3rd
Council meeting. Instead, the housing resale lottery administrative procedures will be heard at the June
19th.
Ruther reviewed a housing lottery flow chart the Town is putting into place. Ruther asked the Board for
their thoughts on reasonable amount of time for the process. The Town has a standard for the
transaction. Per Ruther the lottery basically remains the same except the tickets system replaces tiered
lottery and individual sales vs. master list.
The Board and staff reviewed how a resale usually is handled and options to update the process.
Ruther indicated the for-sale properties included in the process are Vail Commons, Red Sandstone
Creek, North Trail Townhomes, Arosa Duplex and Chamonix Vail.
Discussion ensued and the outcome was:
Lottery Resale Timelines:
2 business days from calculation to advertising
7 business days from ad to open houses
2 business days from open house to application due
5 days from app due to publish qualified buyer
2 days to qualified buyer to lottery
18 Total business days from seller notice to lottery
Morales questioned whether there is enough time for the buyer to get their qualification materials
together for the application.
Staff will create calendar and review seeking to understand if there are any gaps.
The summary will be inserted to the Resale Housing Lottery Administrative Procedures to be presented
on June 19th
Morales motioned to enter 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; and to determine
positions, develop a strategy and instruct negotiators, regarding: Vail InDEED applications and deed
restrictions.
MOTION: Morales SECOND: Wilkins VOTE: 5-0
Wilkins motioned to exit the executive session and reenter the regular meeting.
MOTION: Wilkins SECOND: McDougall VOTE: 5-0
Back into the regular meeting, in attendance all board members, staff, Ruther and Campbell. There was
no action from executive session.
Page 2
Wilkins motioned to adjourn the meeting at 5:15 PM.
MOTION: Wilkins SECOND: Meza VOTE: 5-0
Next Meeting — June 26, 2018
Future Agenda Items:
• Housing Policies • VLHA Business Plan
• Long Term Funding Source • East Vail Parcel Update
• 2019 Budget • Open Lands Plan Discussion
• Update Economic Value of Housing • West Vail Master Plan Discussion
Discussion • Housing Data
Page 3
RESOLUTION NO. 12
Series of 2018
VAIL LOCAL HOUSING AUTHORITY
A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN THE TOWN OF VAIL, THE VAIL LOCAL HOUSING
AUTHORITY AND SONNENALP PROPERTIES, INC.; AND SETTING FORTH DETAILS
IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the laws
of the State of Colorado and the Town Charter (the "Charter");
WHEREAS, the members of the Vail Local Housing Authority (the "VLHA") have
been duly elected and qualified;
WHEREAS, Sonnenalp Properties Inc. (the "Developer") is the owner of certain real
property with a physical address of 501 North Frontage Road West, Vail, CO 81658 (the
"Property");
WHEREAS, the Developer plans to redevelop the Property for rental employee
housing (the "Development");
WHEREAS, the Town and the Developer are parties to a certain Development
Agreement, dated October 25, 2017 (the "Agreement"); and
WHEREAS, the Town and the Developer wish to modify the Agreement with regard
to the number of units which must be occupied by at least one Qualified Resident who is
employed within the Town's boundaries, but not employed by the Master Lessee (the
"Second Amendment to the Development Agreement").
NOW THEREFORE, BE IT RESOLVED BY THE VAIL LOCAL HOUSING
AUTHORITY THAT:
1. The Second Amendment to Development Agreement is hereby approved in
substantially the same form attached hereto as Exhibit A and in a form
approved by the Town Attorney, and the Town Manager is hereby authorized
to execute the Agreement on behalf of the Town.
2. This resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Vail
Local Housing Authority of the Town of Vail held this 26th day of June, 2018.
Steve Lindstrom,
Vail Local Housing Authority Chairman
Town of Vail, Colorado
Resolution No. 12, Series of 2018
ATTEST:
Lynne Campbell
Town of Vail Housing Coordinator
Resolution No. 12, Series of 2018
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (the "Second
Amendment") is made this day of , 2018 (the "Effective
Date"), by and among the Town of Vail, Colorado, a Colorado home rule municipality
with an address of 75 South Frontage Road, Vail, Colorado 81657 (the "Town"), the Vail
Local Housing Authority, a local housing authority with an address of 75 South Frontage
Road, Vail, Colorado 81657 (the "VLHA"), and Sonnenalp Properties, Inc. a Colorado
corporation with an address of 20 Vail Rd., Vail, CO 81657 ("Developer") (each
individually a "Party" and collectively the "Parties").
WHEREAS, the Parties entered into a Development Agreement dated October
25, 2017 (the "Agreement");
WHEREAS, the Parties entered into an Amendment to Development Agreement
dated (the "Amendment"); and
WHEREAS, the Parties wish to amend the Agreement as set forth in this Second
Amendment.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is mutually acknowledged, the
Parties agree as follows:
1. Section 7.a. of Exhibit B (the "Solar Vail Apartment Homes Rental Guidelines")
of Exhibit A ("Deed Restriction for the Occupancy of Solar Vail Apartment Homes") of
the Agreement is hereby amended to read as follows:
7. Occupancy of Restricted Units.
a. At all times, 10 studio apartment Units and 7 one-bedroom apartment
Units (collectively, the "Restricted Units") shall be occupied by a Qualified Household
that includes at least one Qualified Resident who is employed within the Town's
boundaries, but not employed by the Master Lessee.
2. The remainder of the Agreement, including all Exhibits, shall remain unchanged
and in full force and effect.
6/14/2018
Q:IUSERSIVAILISOLAR VAILIAGRIDA AMEND-A011118.DOCX
WHEREFORE, the Parties have executed this Agreement as of the Effective
Date.
TOWN OF VAIL, COLORADO
Greg Clifton, Town Manager
ATTEST:
Patty McKenney, Town Clerk
VAIL LOCAL HOUSING AUTHORITY
Steve Lindstrom, Chair
ATTEST:
Secretary
DEVELOPER
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was subscribed, sworn to, and acknowledged
before me this day of , 2018, by
My commission expires:
(S E A L)
Notary Public
2
6/14/2018
Q:IUSERSIVAILISOLAR VAILIAGRIDA AMEND-A011118.DOCX
(°
TOWN OF VAI5
Memorandum
To: Vail Local Housing Authority
From: Housing Department
Date: June 26, 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 (exchange EHU) in exchange for the placement of an employee housing
deed restriction on Vail Village Filing 13, Block 2, Lot 23 W/2395 Bald Mountain
Road Unit W. (proposed EHU) 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 applicant Alejandro Gonzalez Cimadevilla, is proposing to exchange a deed
restriction from an existing 489 square foot employee housing unit located at 44
Willow Place Unit 3/44 Vail Road Unit 3 for a 2,087 square foot unit located at
Vail Village Filing 13, Block 2, Lot 23 W/2395 Bald Mountain Road Unit W.
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 exchange Type Ill 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 of the 3 condominiums. 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 EHU is zoned High Density Multiple-Family and contains two residential
units. Per Town Code Section 12-6H-2: PERMITTED USES employee housing units are an
allowed use.
This requirement is related to the incentives offered in some circumstances related to
Employee Unit Type and zone district designation. These incentives allow deviations to
certain development standards.
Unit 3 of 44 Willow Place did not take advantage of any incentives affecting development
standards. At this time, the 44 Willow Place development complies with prescribed
development standards of the High Density Multiple Family District and meets the required
criteria related to participation in the exchange program.
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 is not located within a homeowners association containing any
restrictions and therefore staff believes this proposed EHU complies with the criteria.
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 criteria listed below as noted in Town Code 12-13-5 Section 3,
Exchange Rate For Proposed EHUs:
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.
The proposed EHU is located outside the commercial job core it and contains 2,087
exceeding the minimum required square feet of 1,467, thereby meeting the proposed EHU
criteria.
Town of Vail Page 2
TABLE 13-2
MINIMUM SIZE OF PROPOSED EHUs
Type Of Unit Minimum Size (GRFA)
Studio 438 square feet
1 bedroom 613 square feet
2 bedroom 788 square feet
3+ bedrooms 1,225 square feet
uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu1u�1
6. The proposed EHU shall contain a kitchen facility or kitchenette and a
bathroom.
The proposed EHU contains a full kitchen facility and therefore meets the criteria.
7. The property on which the proposed EHU is located shall comply with chapter 10, "Off
Street Parking And Loading", of this title.
The proposed EHU contains 1 garage parking space and 4 surface parking spots and
complies with chapter 10.
7. 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 enters into a 3 bedroom 2.5 bathroom duplex single family residence.
Staff has confirmed this meets the proposed criteria.
III. ATTACHMENTS
Owner's Request, represented by K.H. Webb Architect
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,
IOW
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 WI.S1 Iluldslilill IIN,IIfii '11111'. A VAR f,OLON .DO 8I66S1
970.711.7990 www.khwebb.com
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Vail Local Housing Authority June 26, 2018 Meeting
Lionshead Temporary Employee Housing
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