HomeMy WebLinkAbout2020-12-08 VLHA Meeting Agenda Packet Vail Local Housing Authority Agenda
TOWN OF h" December 8, 2020
3:00 PM
Zoom Virtual Meeting
75 S. Frontage Road -Vail, Colorado, 81657
............... ._.__ .............................. ._.__ ..............................
1. Call to Order
1.1. Virtual Meeting Part 1 (pre-Executive Session)
1.2. Virtual Meeting Part 2 (post Executive Session)
1.3. Call to Order
2. Citizen Participation
2.1. Citizen Participation 5 Min.
3. Approval of Minutes
3.1. VLHA November 24, 2020 Meeting Minutes 5 Min.
4. Main Agenda
4.1. Commercial Linkage/ I nclusionary Zoning Update 30 Min.
Presenter: Andrew Knudtsen & Rachel Shindman, Economic Planning Systems
4.2. Eagle County Housing Guidelines Update- Discussion 15 Min.
Presenter: Tori Franks, Eagle County Real Estate and Development Manager
4.3. VLHA 2020 Annual Budget update and 2021 Proposed Budget, Resolution 27, 10 Min.
Series of 2020
Presenter: Carlie Smith, Town of Vail Financial Services Manager
4.4. West Middle Creek Rezoning Application 15 Min.
Presenter: George Ruther, Housing Director
4.5. 2020 Semi Annual Update on Housing 5 Min.
Presenter: George Ruther, Housing Director
5. Matters from the Chairman and Authority Members
5.1. Matters from the Chairman and Authority Members 10 Min.
Presenter: Steve Lindstrom, Chairman
6. Executive Session
6.1. Executive Session per C.R.S. §24-6-402(4)(a)(e) - to discuss the purchase, 45 Min.
acquisition, lease, transfer, or sale of property interests and to determine
positions, develop a strategy and instruct negotiators, regarding: submitted Vail
I nDEED applications and program details.
Presenter: Lynne Campbell, Housing Coordinator
7. Any Action as a Result of Executive Session
7.1. Action as a Result of Executive Session 5 Min.
8. Adjournment
8.1. Adjournment 5:OOPM (estimated time)
9. Future Agenda Items
9.1. • Land Banking (sale of GRFA)
• Public Health Housing Incentive, Eagle County Health
10. Next Meeting Date
10.1. Next Meeting Date December 22, 2020
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com. All housing authority meetings are open to the public. Times and order of agenda are
approximate, subject to change, and cannot be relied upon to determine at what time the Vail Local
Housing Authority will discuss an item. Please call (970)479-2150 for additional information. Please call 711
for sign language interpretation 48 hours prior to meeting time.
Housing Department
TOWN OF '
VAI L LOCAL HOUSING AUTHORITYAGENDA MEMO
ITEM/TOPIC: VLHA November24, 2020 Meeting Minutes
ATTACHMENTS:
Description
VLHA November 24, 2020 Meeting Minutes
Vail Local Housing Authority
TOWN F VA 1,4
Meeting Minutes
November 24, 2020
3:00 PM
Zoom Virtual Meeting
75 S. Frontage Road -Vail, Colorado, 81657
..... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ............
MEMBERS PRESENT MEMBERS ABESENT
Steve Lindstrom, Chair Molly Morales
Mary McDougall Greg Moffet
James Wilkins
Staff Present
George Ruther
Lynne Campbell
1. Call to Order
1.1. Call to Order
A quorum being present Lindstrom called the meeting order at 3:07PM. Moffet and
Morales are absent.
2. Citizen Participation
2.1. Citizen Participation
No one from the public is present.
3. Approval of Minutes
3.1. VLHA November 10, 2020 Meeting Minutes
MOTION: McDOUGALL SECOND: WILKINS VOTE: 3-0 APPROVED
4. Main Agenda
4.1. Commercial Linkage / Inclusionary Zoning Update
Presenter: Andrew Knudtsen & Rachel Shindman, Economic Planning Systems
Due to unforeseen circumstances EPS is unable to attend today's meeting.
This item has been postponed until December 8, 2020.
6. Matters from the Chairman and Authority Members
5.1. Matters from the Chairman and Authority Members
Presenter: Steve Lindstrom, Chairman
Lindstrom discussed with the Authority rezoning of the West Middle Creek parcel.
Robson, Town Manager, suggested the Housing Authority get involved. Rezoning
would include the Town as owner and Vail Home Partners, Housing rebrand, as
lead participant in the process. The Authority members present agree with the
idea. Housing will prepare a memo for the Authority's meeting on December 8th to
make a recommendation to Council on December 15th.
6. Executive Session
6.1. Executive Session per 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.
Presenter: Lynne Campbell, Housing Coordinator
There were no applications for review.
7. Any Action as a Result of Executive Session
7.1. Action as a Result of Executive Session
No action taken.
8. Adjournment
8.1. Adjournment 5:OOPM (estimated time)
Meeting adjourned at 3:OOPM.
MOTION: McDOUGALL SECOND: WILKINS VOTE: 3-0 APPROVED
9. Future Agenda Items
9.1. • Housing Sites Discussion
• Land Banking (sale of GRFA)
• Public Health Housing Incentive, Eagle County
• Health Eagle County Housing Guidelines
10. Next Meeting Date
10.1. Next Meeting Date December 8, 2020
..... .....___..
Meeting agendas and materials can be accessed prior to meeting day on the Town of
Vail website www.vailgov.com. All housing authority meetings are open to the public.
Times and order of agenda are approximate, subject to change, and cannot be relied
upon to determine at what time the Vail Local Housing Authority will discuss an item.
Please call (970) 479-2150 for additional information. Please call 711 for sign
language interpretation 48 hours prior to meeting time.
Housing Department
TOWN OF '
VAI L LOCAL HOUSING AUTHORITYAGENDA MEMO
ITEM/TOPIC: Commercial Linkage / InclusionaryZoning Update
ATTACHMENTS:
Description
Inclusionary Zoning Commercial Linkage Fee in Lieu Rate Update Policy Amendment 12082020
Fee Methodology Comparison_12082020
TOWN OF VAIL '
Memorandum
To: Vail Local Housing Authority
From: George Ruther, Housing Director
Date: December 8, 2020
Subject: Inclusionary zoning/commercial linkage fee in lieu rate update and housing mitigation
policy amendments.
1. SUMMARY
The purpose of this memorandum is to present the following:
• An evaluation comparing and contrasting options for determining fee in lieu calculation
method.
• Recommendations from the Vail Local Housing Authority on a number of policy-related
matters.
This fee update and policy amendment discussion supports the Vail Town Council's goals,
initiatives, and priorities outlined in the Vail Town Council Action Plan 2018 —2020. Specifically,
accommodating the need for housing within the community as the Town Council has
determined housing is critical infrastructure.
2. BACKGROUND
Planning & Environmental Commission
The Vail Town Council has instructed the Town staff to pursue updates to the fee in lieu
amounts for both inclusionary zoning and commercial linkage. To that end, the Vail Local
Housing Authority and the Town's Housing Department presented background information on
the Town's adopted housing policies and regulations to the Planning & Environmental
Commission on October 12, 2020. In doing so, the Commission requested information on the
following:
• Peer resort review
• Overall effectiveness of the adopted regulations.
A summary of the peer resort review and regulation effectiveness has been attached for
reference. (Attachments A& B)
Fee in Lieu Payment Calculation Method
The current fee in lieu payment amounts are based upon the estimated gap in affordability
between 80% of area median income in Eagle County and the median price of residential
dwelling units in the Town of Vail. Currently, the fee in lieu rate for inclusionary zoning is
$320.90 per square foot and $177,733.00 per employee for commercial linkage. Each of these
amounts includes an administrative fee of$4.90 per square foot and $4,033 per employee,
respectively.
The Town Council has expressed an interest in changing the policy for determining the payment
rate from the gap in affordability to the MLS Sales Data or actual cost of constructing deed-
restricted homes. A table has been created comparing and contrasting each of these options
for consideration and attached for reference (Attachment C). When considering this change the
Vail Local Housing Authority may decide to use the following factors for evaluation:
• Build new units versus purchase • Ease of updating data on a recurring
existing basis
• Availability, completeness, and • Leading versus trailing indicators
accuracy of data • Timeliness of data
• Credibility of data
Mitigation Rate
The Town's inclusionary zoning and commercial linkage housing mitigation tools were originally
adopted by the Vail Town Council in 2008. The mitigation tools were adopted to ensure that new
residential and commercial development and redevelopment provided for a reasonable amount
of deed-restricted housing to mitigate the impact on the need for additional housing resulting
from said development and redevelopment. Mitigation rates were adopted to mitigate the
resulting impact. The mitigation rate for commercial linkage is 20% of the net new employee
jobs generated, and for inclusionary zoning the mitigation rate is 10% of the net new floor area
created. These mitigation rates result in a 1:4 and 1:9, developer required to community
required housing mitigation ratios. (Balance)
By comparison, most peer resort communities have adopted higher housing mitigation rates for
both commercial and residential development. Aspen/Pitkin County, for example, has mitigation
rates up to 60%, or a 3:2 housing mitigation ratio.
Prioritization of Mitigation Methods
Housing mitigation tools establish methods by which mitigation can be achieved. Presently, the
Vail Town Code grants deference to the applicant, allowing the applicant to self-select and
determine the method of mitigation they believe is most appropriate. Currently, an applicant can
select any one, or a combination thereof, of the following mitigation method options:
• On-site Units • Conveyance of Property On-site
• Off-site Units • Conveyance of Property Off-site
• Payment of Fees in Lieu
Anecdotally, applicants have selected mitigation methods in the following order:
1) On-site Units*
Town of Vail Page 2
2) Off-site Units
3) Payment of Fees in Lieu
The Town has yet to receive the conveyance of property as a form of mitigation.
(note: *Some zone districts require all or a percentage of units on-site.)
The type and size of the development or redevelopment project are determining factors when
an applicant selects a mitigation method. Most of the large-scale residential projects completed
requiring mitigation satisfied the housing requirement through on-site units, or a combination of
on-site and off-site units. By contrast, small-scaled residential and commercial projects rely
upon payment of fees in lieu. In all instances, payment of fees in lieu are used to provide for
fractions of housing requirements (i.e., < 1 whole employee). For reference, since 2015, the
Town has collected $3,312,995.54 in payment of fees in lieu.
On-site, Off-site, or Out of Town
An additional obligation of both commercial linkage and inclusionary zoning is where the
mitigation is intended to occur, meaning on-site and/or off-site. It is intended that at least 50%
of the resulting obligation is provided on-site. In some instances, 100% of the obligation is to be
provided on-site. When provided off-site, the off-site location must be located within the Town of
Vail. Out of town housing obligations are currently prohibited. Again, this is an intended policy
outcome which was discussed and determined at the time of adoption of both inclusionary
zoning and commercial linkage. As discussed, there are trade-offs associated with each option
which must be evaluated. For example, on-site units optimize otherwise scarce public land
resources and out of town units may bring a lower cost of construction but additional financial
and environmental impacts to the community. Regardless, on-site, off-site and out of town
mitigation each have unintended policy consequences that must also be considered.
Application of Regulations
Commercial linkage and inclusionary zoning are considered reactive regulatory approaches to
accommodating the need for additional housing as a result of new development. Neither is a
proactive approach by the Town towards addressing the existing community housing needs.
These tools are often described as "keep up" tools and do not address the housing deficit that
presently exists. Tools which address the existing deficit of housing are proactive approaches
and are better described as "catch up"tools. From legal and policy perspectives, these are two
very different approaches with very different policy implications and outcomes.
The Town's approach to implementing commercial linkage and inclusionary zoning are uniquely
different from many of its peer resort communities. Commercial linkage requirements apply
equally to development and redevelopment in all commercial zone districts, while inclusionary
zoning requirements only apply to development and redevelopment in a select few residential
zone districts. As adopted, not all residential development and redevelopment is obligated to
mitigate for the increase in housing need created as a result of development. Instead, that
obligation has been placed on public sector to address.
Residential development has been proven to create a significant demand for job generated by
homes in a community, based upon independent studies. Examples of jobs generated include
property management, housekeeping, interior and exterior home maintenance, landscaping,
etc. Presently, residential development in the Hillside Residential, Single-family Residential,
Town of Vail Page 3
Two-family Residential, Two-family Primary/Secondary Residential, Residential Cluster, Low
Density Multiple Family Residential, and Medium Density Multiple Family Zone Districts is
exempt from the application of inclusionary zoning requirements. This exemption is an intended
policy outcome determined at the time of inclusionary zoning adoption.
3. RECOMMENDATION
The Vail Town Council is the policy making body of the Town of Vail. Upon determination of
policy direction, the Vail Local Housing Authority will prepare a proposal for implementation to
be presented to the Town of Vail Planning & Environmental Commission for recommendation to
the Vail Town Council. The Vail Local Housing Authority recommends the following changes in
policy direction:
Fee in Lieu Payment Calculation Method
First, the payment of fees in lieu amounts for both inclusionary zoning and commercial linkage,
and the associated administrative fees, require updating. The Vail Local Housing Authority
recommends the fees be updated to accurately reflect the Town's actual costs of
accepting the obligation to provide the housing in lieu of the applicant doing so
themselves.
Second, the Vail Town Council must determine whether the Town is more likely to use payment
of fees in lieu funds to construct new homes or to purchase existing homes. Given the scarcity
of land along with the difficulties of developing in Vail, the Vail Local Housing Authority
recommends the Town use the funds to purchase existing homes.
Third, the Vail Town Council must determine the frequency at which they wish to update
payment of fees in lieu amounts. The more frequent the fee in lieu amount is updated, the more
important it is to ensure the data sources are accurate, timely, relevant, readily available and the
method of updating is easy to complete. Due to the rapidly changing nature of the real
estate market, the Vail Local Housing Authority recommends an update occurs every one
to two years.
Mitigation Rate
The current mitigation rates have proven to be less than effective at achieving the Town's
adopted housing goal and places a disproportionate amount of the obligation back onto the Vail
community to provide additional housing. The Vail Local Housing Authority recommends
adopting increased mitigation rates for both inclusionary zoning and commercial linkage
thereby placing a greater obligation on the applicant to provide housing for the
employees of the jobs generated as a result of development.
Prioritization of Mitigation Methods
The Vail Local Housing Authority recommends adopting a prioritization of mitigation
methods. This would replace the sole discretion of the applicant approach as it presently
exists. The recommended order of prioritization is as follows:
1. On-site units
2. Off-site units
Town of Vail Page 4
3. Off-site units outside the Town of Vail (4X multiplier)
4. Conveyance of property on-site or off-site of equal value
5. Payment of fee in lieu
Application of Regulations
The increased demand for housing is not only the result of commercial development. The Vail
Local Housing Authority recommends an amendment to the Town's Zoning Code to add
residential linkage as an additional housing mitigation tool for residential development
and redevelopment projects. To do so requires additional study and the need for an updated
rational nexus study which includes jobs generated by residential development. The last update
to the Town's rational nexus study was in 2016. The update did not include generation rates
resulting from residential development.
4. NEXT STEPS
Town of Vail Page 5
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TOWN OF '
VAI L LOCAL HOUSING AUTHORITYAGENDA MEMO
ITEM/TOPIC:
Eagle County Housing Guidelines Update - Discussion
ATTACHMENTS:
Description
Eagle County Housing Guidelines Presentation
Eagle County Affordable Housing Guidelines_FINAL10062020
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Eagle County Affordable Housing Guidelines
October 6, 2020
Table of Contents
Chapter 1 - Need and Purpose of These Guidelines 3
1.01 Eagle County's Need for Housing 3
1.02 Purpose of the Guidelines 5
1.03 Applicability 5
1.04 Eagle County Affordable Housing Guidelines: Administrative Procedures 5
Chapter 2 - Definitions 6
Chapter 3 - Requirements for Affordable Housing 8
3.01 Mitigation for Residential Developments (Inclusionary Housing) 8
3.02 Mitigation for Commercial Developments (Commercial Mitigation) 8
3.03 Mixed Use Developments 9
3.04 Small Residential Developments 9
3.05 Residential Lots 9
Chapter 4 - Acceptable Methods of Affordable Housing Mitigation 9
4.01 Price Capped For Sale Housing 10
4.02 Affordable Rental Housing 10
4.03 Resident Occupied For Sale Housing 10
4.04 Land Donation 11
4.05 Off Site Development 11
4.06 Payment in Lieu 11
4.07 Affordable Housing Credits 11
4.08 Other Public Benefits 12
4.09 Price Gap Funding for Habitat For Humanity 12
4.10 Other Public Benefits 12
Chapter 5 - Housing Plan 13
Chapter 6 - Miscellaneous Provisions 14
6.01 Deed Restrictions 14
6.02 Unit Quality and Design 14
6.03 Affordable Housing Bedroom Mix and Size 14
6.04 Initial Sales and Marketing of Affordable Housing Units 14
6.05 Timing of Affordable Housing 14
6.06 Replacement Housing 14
6.07 Incentives for Exceeding the Guidelines 15
6.08 Liberal Construction 15
6.09 Severability 16
6.10 Modification 16
Chapter 1 - Need and Purpose of These Guidelines
1.01 Eagle County's Need for Housing
Eagle County faces a gap in the availability of ownership and rental housing that is
affordable for local residents. Residents are burdened by high housing payments.
Employees are forced to commute long distances. Overcrowding and substandard living
conditions are common. The short term rental and second home owner markets are
increasingly popular, so put additional pressures on the primary resident housing
inventory. According to the annual workforce survey, employers believe that the availability
of workforce housing is a critical or major problem in Eagle County. The most recent
survey, conducted in early 2019, shows two thirds (65%) of employers believe that finding
housing is difficult for their employees. These findings have been consistent over the last
10 years.
Housing problems have long been recognized in Eagle County. Eagle County commissioned
housing needs assessment studies, which were completed in 1990, 1999, 2007, 2012 and
2018, which demonstrate these housing needs for primary residents. As detailed more fully
in Eagle River Valley Housing Needs and Solutions 2018 report, the current state of Eagle
County's housing need is as follows:
• 2019 estimates show Eagle County has 34,091 housing units. Of these, 19,632 are
considered primary residents';
• The 43% of units not occupied as primary residences are typically owned by second
homeowners for seasonal and recreational uses;
• Approximately 6,150 primary households (35%) pay more than 30% of their income
for housing, 48% of renters and 29% of owners, making it difficult for those
Households to pay for other necessities, like food, utilities, transportation, and
health care;
• Since 2007, median household income has increased 6% while home prices increase
20% and rental rates have increased 48%;
• 9% of the workforce commutes from outside the valley;
• In 2019, unemployment in Eagle County was 2.4%.
• Eagle River Valley employees have a weekly wage $220 lower than employees in
Colorado overall.
The following bullets highlight the need for additional housing units based upon the Eagle
River Valley Housing Needs and Solutions 2018 report:
• In 2020, the total housing need is projected at 4,030 homes. The gap not served by
the market (requiring a subsidy) is estimated around 2,450;
• By 2030, the total housing need is projected to reach 7,970 homes.
• Growth in the number of retirees staying in place generates the demand for 110
housing units annually; and
' Primary Secondary Residential Housing Analysisjune 2019
Eagle County Affordable Housing Guidelines - Page 4
• The fastest growing occupations will continue to be in the accommodations, food
service, and retail sectors. These jobs typically pay wages below $31,000/year or
about 50%AMI for a single person.
• Many municipalities throughout the valley have their own housing programs, which
work to increase the supply of housing units for employees through various
methods.
Approximately 17% of Eagle County's population resides in the Roaring Fork Valley, mainly
in the Town of Basalt and the El Jebel area. The Roaring Fork Valley faces similar challenges
to the Eagle River Valley in providing housing for its residents. The following bullets
highlight the need for additional housing units in the Carbondale and Basalt areas, which
include Eagle County communities in the Roaring Fork Valley, based upon the Greater
Roaring Fork Regional Housing Study 2019 report:
• In 2017, the Basalt area had a need of 956 units priced for incomes 80% AMI and
below. By 2027, the need is estimated to grow to 1,614 units priced for incomes
120%AMI and below.
• In 2017, the Carbondale area had a need of 591 units priced for incomes 60% AMI
and below. By 2027, the need is estimated to grow to 615 units at 60% AMI, 128
units between 60-80%AMI, 52 units between 101-120%AMI and 264 units 121-140%
AMI.
Despite the documented demand for workforce housing units, private developers have
little incentive to provide housing for Households with incomes of 100% or less of the Area
Median Income because responding to demand for high end and second homes is more
profitable. The exceptional quality of life, natural beauty and abundance of recreation
opportunities in Eagle County, coupled with limited land resources, means that demand for
and availability of housing will continue to keep prices beyond the reach of median income
Households.
The Eagle County Comprehensive Plane (the "Comprehensive Plan"), adopted December 7,
2005, acknowledged the many negative implications of an imbalance between the amount
of housing needed to sustain Eagle County's workforce and the supply of housing that
employees can afford. Eagle County's labor shortages and forced commuting to homes
outside of Eagle County materially degrade quality of service, the economy, the natural
environment, traffic, and the character of local communities.
The Comprehensive Plan delineates two primary goals regarding housing:
1. Housing is available and affordable for no less than 70% of Eagle County's
workforce.
2. Housing needs are clearly identified, and housing types are appropriately balanced
to meet all community needs, appropriately located to reduce long distance
commutes, and appropriately managed to assure long term affordability for Eagle
2 www.eaglecounty.us/planning
Eagle County Affordable Housing Guidelines - Page 5
County's workforce.
The Comprehensive Plan contains 16 policies for housing with 88 specific strategies
recommended to implement them. The strategies seek to divide the responsibility for
housing calling upon Eagle County's municipalities, private developers, non-profit
organizations, financial institutions, and employers to work with Eagle County Government
to achieve the housing goals. For example, Policy N of the Comprehensive Plan provides
that development should share responsibility for fulfilling Eagle County's workforce
housing needs. Associated strategies include:
• Mandate that attainable workforce housing be considered part of the required
infrastructure for all new development applications.
• Continue to utilize inclusionary housing and commercial mitigation as defined in the
housing guidelines in the review of development applications.
1.02 Purpose of the Guidelines
The Eagle County Affordable Housing Guidelines (the "Guidelines") are intended to promote
sustainable communities in Eagle County through the creation of permanently affordable
housing stock. The Guidelines recommend the provision of for sale housing for Households
earning between 100%-140% of the area median income ("AMI"), which are households that
have little or no opportunity to purchase market rate housing without significant subsidy.
The Guidelines encourage the building of rental units that are affordable to Households
earning 100% or less of AMI. The Guidelines also offer options for providing housing priced
for local residents with incomes greater than 140% AMI since market rate housing
opportunities for these Households are also limited in terms of unit type and location.
The Guidelines' will assist in implementing specific strategies of the Comprehensive Plan
that call for private development to share in the responsibility for keeping up with future
demand for workforce housing by including such housing in all new residential and
commercial growth. The Guidelines are one part of Eagle County's broader solution of
making housing available and affordable to Eagle County's growing workforce, retirees, and
special needs populations.
Through the Guidelines, Eagle County seeks to reduce the number of Cost Burdened
Households (as defined below) in the county, maintain the relationship between Primary
Residences (as defined below) and vacation homes, preserve community character and
vitality, and keep the negative impacts associated with a commuting workforce from
worsening. It is Eagle County's belief that jobs and housing should be located in close
proximity whenever possible.
3 Terms that are capitalized in Chapter 1 are defined in Chapter II, below.
Eagle County Affordable Housing Guidelines - Page 6
1.03 Applicability
The Guidelines set forth the minimum recommendations for housing mitigation for
Development Permits (as defined below) for all commercial projects and all residential
projects containing more than 3 units which are located in unincorporated Eagle County.
Governmental and nonprofit entities must also meet these Guidelines when seeking
approval for Development Permits. Provision of a Housing Plan (see Chapter 5)that meets
the minimum recommendations of these Guidelines does not ensure that an application
for a Development Permit will be approved by the County.
1.04 Eagle County Affordable Housing Guidelines: Administrative Procedures
The Eagle County Affordable Housing Guidelines: Administrative Procedures (the
"Administrative Procedures") is the document that provides the technical procedures for
developing, purchasing, owning, selling, and renting Affordable Housing (as defined below).
The Administrative Procedures includes specific eligibility criteria, AMI levels, purchase
prices and rents, sale and leasing procedures, payment in lieu calculations, employment
generation rates and other information relevant to the development and operation of
Affordable Housing. The Administrative Procedures are to be read in conjunction with the
Eagle County Affordable Housing Guidelines, and are updated annually.
Chapter 2 - Definitions
The terms, phrases, words, and clauses in the Guidelines shall have the meaning assigned
below. Any terms, phrases, words, or clauses not defined herein will have the meanings as
defined in the Eagle County Land Use Regulations or the Eagle County Affordable Housing
Guidelines: Administrative Procedures.
Affordable Housing: All deed restricted housing units regardless of price. Units may
include Price Capped For Sale Housing, Price Capped Rental Housing, Resident
Occupied For Sale Housing, and Resident Occupied Rental.
Affordable Housing Credits: Credits that exist and may be awarded in the BoCC's sole
discretion for Projects that exceed the requirements standards set forth in the
Guidelines and which may be bought, sold and accepted as a mitigation method
pursuant to the Guidelines.
Affordability Gap: The difference between the median home price in each Eagle County
community (as defined by zip code) and the average buying power of a typical
household in that community, as provided for in the Administrative Procedures.
Area Median Income ("AMI"): The estimates of median household income compiled and
released annually by the United States Department of Housing and Urban
Development.
Board of County Commissioners ("BoCC"): The Board of County Commissioners for
Eagle County, Colorado.
Commercial Development: Any development that is not a Residential Development for
which a Development Permit is required. Institutional uses such as government
Eagle County Affordable Housing Guidelines - Page 7
buildings, schools, hospitals, churches and other religious institutions, and facilities
operated by non-profit service agencies are considered Commercial Development
for purposes of these Guidelines.
Commercial Mitigation: The provision of Affordable Housing to house employee growth
generated by Commercial Development.
Comprehensive Plan: The plan officially adopted by Eagle County that sets forth the
recommendations and policies for guiding future growth and development, while
providing for the public's health, safety, and general welfare. The Comprehensive
Plan also incorporates community sub area plans adopted for particular areas of
the county and functional plans, such as those addressing particular issues of
concern to the county(trails, open space, housing, etc.)
Cost Burdened Household: A Household that is paying more than 30% of its income for
housing costs.
Development Permit: Any preliminary or final approval of an application for rezoning,
planned unit development, amendment of an existing planned unit development,
special use permit, subdivision, or similar application for new construction.
Applications for a building permit where no previous condition of approval required
Affordable Housing mitigation shall not be considered a Development Permit for the
purpose of these Guidelines.
Eagle County Housing and Development Authority ("ECHDA"): A body corporate and
politic whose primary purpose is to increase the supply of Affordable Housing in
Eagle County.
Eligible Household: A Household that meets the criteria set forth in the Administrative
Procedures.
Household: All individuals who will occupy a unit regardless of legal status or relation to
the owner or lessee.
Housing Plan: A written plan submitted to Eagle County describing how the applicant will
satisfy the minimum recommendations of the Guidelines.
Inclusionary Housing: The provision of Affordable Housing in Residential Developments to
ensure adequate housing stock for local residents and to maintain or increase the
current ratio of primary to secondary home ownership.
Initial Sales Price: The maximum price for which a Price Capped For Sale Housing unit
may be initially sold, as provided for in the Administrative Procedures.
Land Use Regulations: The regulations officially adopted by Eagle County, which govern
land use in unincorporated areas of Eagle County.
Maximum Rental Rate: The maximum monthly rent payment for an Price Capped Rental
Housing unit, as provided for in the Administrative Procedures. All ongoing fees
required to be paid by the resident (including but not limited to utilities and
mandatory parking fees) must be included within the Maximum Rental Rate.
Off Site Development: The development of Affordable Housing units in a location outside
of the Project boundaries.
Other Public Benefits: Items that may, at the BoCC's sole discretion, offset a portion of a
Project's recommended Affordable Housing mitigation.
Eagle County Affordable Housing Guidelines - Page 8
Payment in Lieu: A payment made to the ECHDA to satisfy a Project's recommended
Affordable Housing mitigation.
Price Capped For Sale Housing: Housing subject to a deed restriction requiring that the
Housing meet Initial Sales Prices, resale price appreciation limits, quality, and other
criteria set forth in the Guidelines and Administrative Procedures.
Price Capped Rental Housing: Rental housing subject to a deed restriction requiring that
the Housing meet Rental Rate Restrictions, quality, annual compliance and other
criteria set forth in the Guidelines and Administrative Procedures.
Primary Residence: The residence in which an owner or renter lives for at least 9 out of
any 12 months.
Program Administrator: The administrator of the Eagle County Affordable Housing
Guidelines and Administrative Procedures. The Program Administrator shall be the
Eagle County Housing Director unless the BoCC appoints another person.
Project: A Commercial or Residential Development for which a Development Permit is
required.
Rental Rate Restrictions: The maximum rental rate for which a Price Capped Rental
Housing unit may be leased, as provided for in the Administrative Procedures.
Resident Occupied For Sale Housing: Housing subject to a deed restriction requiring that
the Housing be owned and occupied by an Eligible Household as its Primary
Residence as set forth in the Guidelines and Administrative Procedures.
Resident Occupied Rental Housing: Rental housing subject to a deed restriction requiring
that the Housing be occupied by an Eligible Household as its Primary Residence as
set forth in the Guidelines and Administrative Procedures.
Residential Development: Any development that would result in the creation of more
than three residential units or lots and for which a Development Permit is required.
Subdivided land resulting in parcels of at least 35 acres in size on which residential
development is proposed consistent with applicable zoning is excluded from the
definition of Residential Development.
Small Residential Development: A Residential Development comprising 4-10 residential
units.
Sustainable Communities Index: A regulatory points-based finding for all new
subdivisions, zone changes, and special uses that encourages compact, efficient,
mixed use, pedestrian friendly design integrated with surrounding uses and which
minimizes environmental impacts.
Square Footage: A calculation of size including all habitable interior space, excluding
garages and mechanical spaces, measured from the exterior of the wall.
Chapter 3 -Recommendations for Affordable Housing Mitigation
3.01 Mitigation for Residential Developments (Inclusionary Housing)
In order to address the issue of Cost Burdened Households and slow the shift from primary
to secondary home ownership, Eagle County has set the minimum recommended
mitigation rate for Inclusionary Housing in Residential Developments at the higher of 1)
Eagle County Affordable Housing Guidelines - Page 9
25% of the total residential units in a Project or 2) 15% of the total residential Square
Footage of a Project. The mitigation calculation should be made using the total number of
units/lot proposed in the Project.
This Inclusionary Housing mitigation rate is below the 57% of residential units in Eagle
County that are currently occupied by local residents. Eagle County believes the lower
mitigation rate is reasonable because not all local residents desire to live in Affordable
Housing
3.02 Mitigation for Commercial Developments (Commercial Mitigation)
To support persons employed by businesses located in new Commercial Development in
locating affordable housing near their jobs, a new Commercial Development should
mitigate the impact on Eagle County's housing stock by providing Affordable Housing for at
least 45% of the new employees generated by the Project that will earn less than 140% of
AMI. The Affordable Housing demand generated by a Commercial Development shall be
determined utilizing an average job generation rate with adjustments for multiple job
holding, multiple employees per Household, and the average size of all deed restricted
housing units throughout Eagle County, as provided for in the Administrative Procedures.
No mitigation is required for existing jobs at the site to be developed. The Affordable
Housing mitigation will be calculated in total Square Footage proposed in the Project . The
applicant can choose to provide the total Square Footage in any combination of size and
number of units subject to section 6.03 of the Guidelines.
This 45% mitigation rate is less than the percentage of cost burdened renters in Eagle
County.
3.03 Mixed Use Developments
Eagle County typically encourages mixed-use developments. If both Commercial Mitigation
and Inclusionary Housing apply because the application for a Development Permit contains
a mix of Commercial Development and Residential Development, then the calculation
(Commercial Mitigation or Inclusionary Housing) that yields the higher amount of
Affordable Housing units will apply.
3.04 Small Residential Developments
Small Residential Developments may be exempt from Inclusionary Housing requirements if
the Square Footage of the residential units in those developments is equal to or smaller
than the average size of a deed restricted housing unit in Eagle County. The Inclusionary
Housing mitigation will apply to the amount of Square Footage in excess of the average size
of a deed restricted housing unit in Eagle County, as provided for in the Administrative
Procedures. Accessory dwelling unit Square Footage will count in a unit's total Square
Footage calculation, but will not be considered an additional unit, this is consistent with
policies included in the Land Use Regulations.
Eagle County Affordable Housing Guidelines - Page 10
3.05 Residential Lots
When an applicant for a Development Permit seeks only to create residential lots, the
Inclusionary Housing mitigation should be based on the number of such lots, each of which
will count as one unit.
Chapter 4 - Acceptable Methods of Affordable Housing Mitigation
In an effort to provide the flexibility necessary for the development industry, an applicant
for a Development Permit may choose to meet the Guidelines in the following ways, all of
which are subject to approval by the BoCC in its sole discretion.
1. Price Capped For Sale Housing with a maximum Initial Sales Price set at or below
100% - 140%AMI affordability level. Initial Sales Prices must vary within the range.
a. Price Capped For Sale units will be valued double (2x) when analyzing if/how
Housing Plans meet recommended minimum mitigation rates.
2. Price Capped Rental Housing subject to a deed restriction requiring rents to be set
at or below 80%-100% AMI affordability level. Rental rates must vary within the
range.
a. Price Capped Rental units will be valued double (2x) when analyzing if/how
Housing Plans meet recommended minimum mitigation rates.
3. Resident Occupied For Sale Housing, without regard to AMI.
a. Resident Occupied For Sale units will be valued as 1 unit (1.0x) when
analyzing if/how Housing Plans meet recommended mitigation rates.
4. Resident Occupied Rental Housing, subject to a deed restriction requiring occupancy
only by eligible households.
a. Resident Occupied Rental units will be valued one-half (0.5x) when analyzing
if/how Housing Plans meet recommended minimum mitigation rate
5. A donation of developable land to ECHDA within a reasonable vicinity of the
applicant's project. Land donation will be valued singularly (1.0x) when analyzing
if/how Housing Plans meet recommended mitigation rates..
6. Off Site Development will be valued singularly(1.0x)when analyzing if/how Housing
Plans meet recommended mitigation rates.
a. Off site location may not have a higher Affordability Gap than the
development site.
7. Payment in Lieu may be made to ECHDA.
8. An applicant may use Affordable Housing Credits.
9. The provision of price gap funding for Habitat for Humanity Vail Valley or Habitat for
Humanity Roaring Fork Valley.
10. Other Public Benefits may be provided to offset some portion of Affordable
Housing.
The BoCC, in its sole discretion, may approve additional methods of mitigation which the
BoCC determines meet the purpose and intent of these Guidelines, including but not
Eagle County Affordable Housing Guidelines - Page 11
limited to a Project's provision of a on-going funding source to the Eagle County Housing
and Development Authority.
Where a formula indicates that a portion of a unit is to be provided, an applicant may
choose to either round up to the next whole number or make a corresponding payment in
lieu for the portion of unit required.
4.01 Price Capped For Sale Housing
Price Capped For Sale Housing should have the following characteristics:
• The Initial Sales Price no greater than that which is affordable to Households
earning no more than 100%-140%AMI.
• The units should be a spectrum of types and sizes and should be consistent with
market rate units and market demand as such need is demonstrated by a recent
market analysis.
• Deed restrictions shall be perpetual and in favor of ECHDA and shall include all
material terms as outlined in the Administrative Procedures.
4.02 Price Capped Rental Housing
Price Capped Rental Housing should have the following characteristics:
• Rents are set at or below rates that are affordable to Households with incomes no
greater than 80%-100%AM I.
• Prohibition on Short Term Rentals.
• Deed restrictions shall be perpetual and in favor of ECHDA or other acceptable
agency such as the Colorado Housing and Finance Authority or the US Department
of Housing and Urban Development, and shall include all material terms as outlined
in the Administrative Procedures.
4.03 Resident Occupied For Sale Housing
Resident Occupied For Sale Housing should have the following characteristics:
• Sales prices for Resident Occupied For Sale Housing are not limited.
• A spectrum of unit sizes and pricing responsive to market demand is encouraged.
Deed restrictions shall be perpetual and in favor of ECHDA and shall include all material
terms as outlined in the Administrative Procedures.
4.04 Resident Occupied Rental
Resident Occupied Rental Housing should have the following characteristics:
• Rental rates for Resident Occupied Rentals are not limited
• Occupants for Resident Occupied Rentals must be Eligible Households
• Prohibition on Short Term Rentals
• Deed restrictions shall be perpetual and in favor of ECHDA or other acceptable
agency such as the Colorado Housing and Finance Authority or the US Department
of Housing and Urban Development, and shall include all material terms as outlined
in the Administrative Procedures.
Eagle County Affordable Housing Guidelines - Page 12
4.05 Land Donation
An applicant may satisfy its Affordable Housing mitigation through a conveyance of land to
ECHDA. The BoCC, in its sole discretion, will decide whether to accept land offered in lieu
of an applicant's Affordable Housing mitigation.
The land conveyed should have the following characteristics:
• Land shall be free of all liens and encumbrances upon transfer to ECHDA.
• The land should be capable of supporting the applicable number of Affordable
Housing units.
• Land should be located close to job centers, walkable, and walkable to transit and
reduce environmental impacts.
• Land should be buildable, have suitable soils and drainage, and should not be within
an area that has potential geologic hazards associated with development.
• Land should serve the needs of Affordable Housing residents for reasons including,
but not limited to conformance with comprehensive and master plans, high scoring
on the Sustainable Community Index, site location, and proximity to public transit.
• The BoCC may consider a redevelopment opportunity under the Land Donation
mitigation type.
4.06 Off Site Development
Affordable Housing should generally be provided on site. Exceptions to this preference
include Project sites in rural locations inconvenient to employment centers and public
transit, or Commercial Development that involves hazardous substances and impacts not
compatible with residential uses and affordable housing partnership opportunities. The
applicant may also propose to locate Affordable Housing off-site if the off-site location has
a higher Affordability Gap than the Project site. The Affordability Gap is provided in
Administrative Procedures.
Applicants are strongly discouraged from proposing off-site Affordable Housing primarily
to reduce costs.
4.07 Payment in Lieu
An applicant may satisfy all or part of its Affordable Housing mitigation by making a
Payment in Lieu of providing the units. The Payment in Lieu will be calculated as follows:
• The Payment in Lieu represents the difference between prevailing market prices in
Eagle County and the maximum Initial Sales Price at 100% AMI, plus a 15%
administrative fee.
• The Program Administrator should update these requirements annually based on
the prior year's median sales price per square foot, the current maximum Initial
Sales Price for a family of three earning 100% AMI, and the average size of all
existing deed restricted housing units throughout Eagle County.
• The purpose of the administrative fee is to offset the increased cost to ECHDA of
Eagle County Affordable Housing Guidelines - Page 13
managing the development of Affordable Housing.
The Payment in Lieu amount shall be set at the time of approval of the application
and shall be included in the Housing Plan. All Payment in Lieu amounts shall be
paid to ECHDA prior to the issuance final plat for the Project.
4.08 Affordable Housing Credits
Applicants who build more than the minimum amount of Affordable Housing required by
the Guidelines may be awarded, in the BoCC's sole discretion, Affordable Housing Credits
that can be used to offset future Affordable Housing obligations.
• Affordable Housing Credits may be awarded in an amount equal to the amount of
Affordable Housing Square Footage supplied in excess of the minimum amount of
Affordable Housing required.
• Affordable Housing Credits can only be redeemed in the same sub area master
planning area as the previously built Affordable Housing.
• Affordable Housing Credits will only be awarded, if at all, when the Affordable
Housing is complete. The applicant must provide a certificate of occupancy and
proof of occupancy by an Eligible Household prior to issuance of the Affordable
Housing Credits by Eagle County.
• Affordable Housing Credits shall have an expiration date 5 years from issuance.
• Affordable Housing Credits are transferable.
• Affordable Housing Credits existing at the time of the approval of these Guidelines
can be redeemed in any location within unincorporated Eagle County.
4.09 Price Gap Funding for Habitat For Humanity
Applicants may provide price gap funding to Habitat for Humanity. The price gap is the
difference between the Maximum Initial Sales Price which is affordable to households
earning 100% AMI and Habitat for Humanity's initial price capped sales price. The price gap
will be calculated by Habitat for Humanity and the Housing Department will approve of the
methodology and calculation of the price gap.
• Applicants developing in the Eagle River Valley may only provide price gap funding
to Habitat for Humanity Vail Valley. Applicants developing in the Roaring Fork Valley
may only provide price gap funding to Habitat for Humanity Roaring Fork Valley.
• The price gap funds should provide the funding to develop enough units to meet
recommended minimum mitigation rates.
• The BoCC at its sole discretion may award additional value to Habitat for Humanity
units for achieving a more affordable initial sales price.
• Habitat for Humanity units funded by price gap funding should be constructed as
concurrently as possible with the applicant's project.
4.10 Other Public Benefits
The BoCC, in its sole and exclusive discretion, may consider Other Public Benefit proposals
to offset an applicant's Affordable Housing mitigation.
Eagle County Affordable Housing Guidelines - Page 14
• No more than 30% of recommended Affordable Housing mitigation may be offset
by Other Public Benefits.
• To be counted as Other Public Benefits, an applicant should show that its proposal
is not solely for the use of the Project's residents or owners. Project amenities
(parks, open space, recreation path, health/fitness centers, pools intended only for
project use) will not be counted as Other Public Benefits.
• Other Public Benefits should be over and above what is otherwise required to
obtain approval of the Project, including but not limited to the Sustainable
Community Index as may be amended from time to time.
• Other Public Benefits may include but are not limited to public parks and trails that
close an existing gap in connectivity, opportunities for local food production, access
to streams, rivers and public lands in locations with minimal to no access,
rehabilitation and preservation of rivers and public lands and opportunities for
educational programs including those in underserved and underrepresented
communities.
Chapter 5 - Housing Plan
In order for an application for a Development Permit, which triggers the Housing
Guidelines, to be deemed sufficient, an applicant shall submit a clear, concise, and
complete Housing Plan, which has been approved by the Program Administrator.
Compliance with the Housing Plan will be a condition of approval for the Development
Permit.
At a minimum, the Housing Plan should contain the following information, as applicable:
1. Total estimated amount of Square Footage in any Residential Development;
2. Total estimated number of market rate units and Affordable Housing units.
3. Details regarding how the Guidelines will be met, including units types, Square
Footage, number of bedrooms per unit, targeted income category, and Initial Sales
Prices;
4. Total estimated Square Footage of any Commercial Development, estimated
number of employees generated from the development, wage information
regarding the jobs being generated;
5. Estimated Average lot size of proposed Affordable Housing and average lot size of
market rate housing units, as applicable;
6. Estimated Location of proposed Affordable Housing within the Project, by unit type
and size;
7. Estimated Proposed production schedule of Affordable Housing and market rate
units, including issuance of building permits or other acceptable triggers;
8. Concept for marketing to Households that may be eligible for the Affordable
Housing;
9. Any proposed alternative methods of compliance with these Guidelines; and
10.Any other information deemed to be relevant by the Program Administrator.
Eagle County Affordable Housing Guidelines - Page 15
The Housing Plan will be recorded against the Project property in the records of the Eagle
County Clerk and Recorder at the time the Development Permit is granted. Any
amendment of the Housing Plan will constitute an amendment to the Development Permit
and would require BoCC approval.
Chapter 6 - Miscellaneous Provisions
6.01 Deed Restrictions
All Affordable Housing units shall be subject to deed restrictions, which shall be recorded in
the records of the Eagle County Clerk and Recorder. All deed restrictions must comply with
these Guidelines and the Administrative Procedures and shall be in a form approved by the
Program Administrator and the Eagle County Attorney's Office.
6.02 Unit Quality and Design
Affordable Housing shall meet the requirements of all Eagle County land use regulations
and local building codes. Affordable Housing units should be architecturally compatible
with surrounding uses. Exterior and interior finishes should not be substantially inferior to
the materials used on market rate units. Provision of adequate storage space is strongly
recommended/encouraged.
Enhancing the long term affordability of Affordable Housing through designs that reduce
utility costs is strongly encouraged and conversely, amenities that are costly to operate are
strongly discouraged. Units must meet minimum ECO Build Standards or other efficient
building standards as might be amended and as provided for in the Eagle County Land Use
Regulations. Affordable Housing design must address livability, maintenance, health, safety
concerns, climate, lifestyle, and needs of the types of Households the units are intended to
serve. To enhance livability, balconies, decks, small yards, or other onsite outdoor spaces
are also encouraged.
Micro, shared, co-housing units and accessory dwelling units will be considered Affordable
Housing Units under these Guidelines.
6.03 Affordable Housing Bedroom Mix and Size
While there are no specific bedroom mix or size requirements for Affordable Housing units,
the applicant is expected to analyze market demand and to propose a mix that is
responsive and appropriate to that demand. The bedroom mix and size will be approved
by the Program Administrator as part of the Housing Plan. A market analysis should be
provided to the Program Administrator prior to starting construction on the Affordable
Housing units. Affordable Housing units larger than 3,000 Square Feet will only receive
credit of 3,000 Square Feet when calculating Affordable Housing mitigation.
Eagle County Affordable Housing Guidelines - Page 16
6.04 Initial Sales and Marketing of Affordable Housing Units
An applicant may be responsible for the initial sales and marketing of the Affordable
Housing units in its Project or it may choose to contract with The Valley Home Store. The
Program Administrator shall have the right to review the terms of each sale for compliance
with the Guidelines.
6.05 Timing of Affordable Housing
All required Affordable Housing units should be provided prior to, or concurrently and
proportionally with, the production of a Residential Development's market rate housing, or
production of Commercial Development as measured by recording of the Final Plat, unless
an approved Housing Plan provides otherwise.
6.06 Replacement Housing
Applicants are prohibited from using units built as replacement of housing affordable to
Households earning less than 100% AMI toward satisfaction of Inclusionary Housing or
Commercial Mitigation requirements. Any such Affordable Housing destroyed in the
development process should be replaced with units of similar affordability and size, in
addition to the applicant's obligations under these Guidelines.
6.07 Incentives for Exceeding the Guidelines
If an applicant provides a combination of mitigation methods that exceed the minimum
recommendations for Inclusionary Housing or Commercial Mitigation, the BoCC, in its sole
discretion, may offer the following incentives:
• Public-private partnerships: Eagle County and/or the ECHDA may participate or
facilitate participation with other governmental entities regarding financing,
granting, tax exemption and/or purchasing of Affordable Housing units or other
participation as agreed to by the parties.
• Public funding assistance: Eagle County and/or the ECHDA may assist with the
application process for applicants who decide to pursue funding assistance from
local, state or federal agencies. Eagle County and/or the ECHDA may also choose to
use funds to match state, federal, or private grants.
• Priority permitting: Eagle County Community Development Department is utilizing
the "Exceeding Housing Guidelines LUR Process Incentive." This policy formalizes
how Eagle County may prioritize review of the Project throughout various
procedures such as subdivision, PUD Sketch Plan, PUD Preliminary Plan, Special Use
Permit, or building permit. To qualify for priority permitting, the applicant must
submit a complete land use application and must have made reasonable efforts to
anticipate and address any known concerns with any and all referral agencies that
have an interest in the Project.
o Applicants may take advantage of this incentive if their application for a
development permit contains a housing plan that exceeds the recommended
mitigation rates set forth in Chapter 4 by providing priced-capped deed
restricted units equal to or greater than a 50% mitigation rate. Additional
Eagle County Affordable Housing Guidelines - Page 17
value for price capped units will still be calculated.
• Density bonus: As part of any application for a Development Permit for a
development, Eagle County may offer a density bonus.
• Site design flexibility: Provided that the standard of housing or the purpose and
intent of the Guidelines and the Eagle County Land Use Regulation are not
compromised, and provided the design of the Project achieves other Eagle County
strategic sustainability policy goals, Eagle County may consider flexible application
of design standards including, but not limited to minimum lot size, building height,
floor area ratio (FAR), lot coverage, set backs, parking, and landscaping.
• Road impact fee waivers: the BoCC may waive Eagle County imposed road impact
fees for Affordable Housing units.
• Other fee waivers: the BoCC, in its sole and absolute discretion, may waive any
other fee required by the Eagle County Land Use Regulations for Affordable Housing
units.
6.08 Liberal Construction
These Guidelines shall be liberally construed so as to further their intent and purpose.
6.09 Severability
If any provision, clause, sentence, or paragraph of the Guidelines or the application thereof
to any person or circumstances shall be held invalid, such invalidity shall not affect the
other provisions of the Guidelines that can be given effect without the invalid provision or
application, and to this end the provisions of the Guidelines are declared to be severable.
6.10 Modification
These Guidelines may only be modified by the BoCC in a public hearing on the record. The
Administrative Procedures may be amended by the Program Administrator in a manner
consistent with the terms and intent of the Guidelines without BoCC approval.
Eagle County Affordable Housing Guidelines - Page 18
TOWN OF '
VAI L LOCAL HOUSING AUTHORITYAGENDA MEMO
IT VLHA 2020 Annual Budget update and 2021 Proposed Budget, Resolution 27,
Series of 2020
ATTACHMENTS:
Description
2020-27 VLHA 2021 Budget
2021 PROPOSED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
VAIL LOCAL HOUSING AUTHORITY
2019 2020 2020 2021
Actual Budget Forecast Budget
Revenue
Middle Creek Revenue Share/ Mgmt Fee $ 14,150 $ 12,500 $ 14,000 $ 14,000
Interest Income 6,040 1,000 1,405 500
Ground Lease Revenue 35,000 35,000 35,000 35,000
Total Revenue 55,190 48,500 50,405 49,500
Expenditures
Accounting Fees 1,200 1,200 1,200 1,200
Operating, Maintenance& Contracts 65,916 78,920 9,300 39,500
Total Expenditures 67,116 80,120 10,500 40,700
Revenue Over(Under) Expenditures (11,926) (31,620) 39,905 8,800
Beginning Fund Balance 290,204 278,278 278,278 318,183
Ending Fund Balance $ 278,278 $ 246,658 $ 318,183 $ 326,983
RESOLUTION NO. 27, SERIES 2020
VAIL LOCAL HOUSING AUTHORITY
A RESOLUTION ADOPTING A BUDGET AND MAKING APPROPRIATIONS TO PAY
THE COSTS, EXPENSES AND LIABILITIES OF THE VAIL LOCAL HOUSING
AUTHORITY, FOR ITS FISCAL YEAR JANUARY 1, 2021 THROUGH DECEMBER 31,
2021.
WHEREAS, the Vail Local Housing Authority board received and approved the
budget for the fiscal year 2021 on December 8, 2020; and
WHEREAS, in accordance with CRS section 29-1-106 a notice of budget hearing
has been published; and
WHEREAS, notice of this public hearing to consider the adoption of the proposed
Vail Local Housing Authority budget was published in the VAIL DAILY on the
2nd day of December, 2020; and
NOW THEREFORE, LET IT BE RESOLVED by the Vail Local Housing Authority of
Vail, Colorado, as follows:
The Vail Local Housing Authority Board adopts the submitted budget and
appropriates $40,700 in expenditures beginning on the first day of January, 2021,
and ending on the 31st day of December, 2021.
Signed:
Steve Lindstrom, Chairman
Attest:
Lynne Campbell
Vail Housing Coordinator
TOWN OF '
VAI L LOCAL HOUSING AUTHORITYAGENDA MEMO
ITEM/TOPIC: West Middle Creek Rezoning Application
ATTACHMENTS:
Description
VLHA West Middle Creek Rezoning Process Memorandum 12082020
West Middle Creek Rezoning Parcel Map
D I
a,r
TOWN OF VAPZ ',
75 South Frontage Road West Housing Department
Vail, Colorado 81657 970.479.2150
vailgov.com
MEMORANDUM
To: Steve Lindstrom, Chair, Vail Local Housing Authority
From: George Ruther, Housing Director
Date: December 8, 2020
Re: West Middle Creek Rezoning Application Proposal Recommendation
I. PURPOSE
The purpose of this memorandum is to outline a proposed application process for preparing and
submitting development applications intended to facilitate a zone district boundary amendment
for a portion of the West Middle Creek Parcel, legally described as Tract A, Middle Creek
Subdivision.
In the end, the Vail Local Housing Authority is being asked to forward a recommendation on the
proposed application process to the Vail Town Council for review and approval.
II. BACKGROUND
The Vail Town Council has expressed an interest in evaluating the merits of rezoning a portion
of West Middle Creek Parcel from Natural Area Preservation (NAP) District to the Housing (H)
District. The total area of the Parcel is 17.21 acres in size. At the Town Council's direction, a
site development feasibility study was completed for the Parcel in 2018. The results of the study
concluded that certain portions of the property are suitable for residential development. A copy
of the site development feasibility study is available through the Town's Housing Department.
Those portions of the property less suitable or desirable for development should remain in the
NAP District.
The West Middle Creek Parcel is designated in the Land Use Plan of the Town of Vail as Open
Space. The 2017 Update to the 1994 Comprehensive Open Lands Plan identifies the Parcel as
Open Space as well. Any actions taken to rezone a portion of the Parcel requires amendments
to the Land Use Plan and Comprehensive Open Lands Plan accompany the rezoning
application. Criteria have been established for the review of plan amendments. Amendments
to these plans are permitted and subject to review and a recommendation from the Town of Vail
Planning & Environmental Commission to the Vail Town Council, and approval of an amending
resolution by the Vail Town Council. A longstanding, three-decade precedent exists for
reviewing said plan amendment applications and rezoning requests concurrently.
A minor subdivision application is required to facilitate the application for plan amendments and
rezoning requests. The objective of the minor subdivision application is to create two separate
parcels; one for future, deed-restricted residential development, and a second for continued
open space preservation. The minor subdivision may also incorporate a small portion of the
existing North Frontage right-of-way, currently owned by the Colorado Department of
Transportation for roadside slope maintenance. The estimated cost of preparing a proposed
amended plat for the minor subdivision application is approximately $4,000 to 5,000.
III. APPLICATION PROCESS RECOMMENDATION
The Vail Town Code prescribes the process for zone district boundary amendments (i.e. a
rezoning). According to the Vail Town Code, in part, a request to rezone a property may be
initiated:
"by petition of any resident or property owner in the town".
The Town's Housing Department recommends the petition (i.e. application) to rezone the West
Middle Creek Parcel be initiated by Vail Home Partners; the collaborative partnership formed
between the Vail Town Council and the Vail Local Housing Authority to achieve the Town's
adopted housing goal. In this instance, the Vail Local Housing Authority would take the lead and
be granted agency to act on behalf of the property owner and its interests, much like what was
done successfully with the development of the Middle Creek at Vail Apartments. This approach
affords greater transparency and creates distance between the application and the Vail Town
Council, yet maintains the town's interests in the property as the owner.
It is further recommended that the Town staff, and more specifically, the Housing Department
and Community Development Department, be tasked with the responsibility of preparing
complete applications for submittal, including presentation of the applications to the Town
boards. The Town staff has the requisite experience and knowledge to do so effectively and
efficiently. In doing so, the Town staff will take direction from the Town administration and the
Town of Vail Page 2
Chair of the VLHA. In place of this approach, the VLHA would retain the services of a land
planning and entitlements professional to prepare and present the applications. If this alternate
approach were to be taken, funding of up to $15,000 would need to be appropriated towards this
initiative for consulting services. This approach is not funded in the Approved 2021 Town Budget.
Is the Vail Local Housing Authority in support of the application process as recommended
above?
If not, what changes, if any, are needed to the recommendation to gain the support of the
Vail Local Housing Authority?
IV. NEXT STEPS
The Town's Housing Department is prepared to share the recommendation of the Vail Local
Housing Authority with the Vail Town Council on Tuesday, December 15, 2020. If approved, the
application preparation process will begin and a timeline for completion and review will be
developed and presented to the Vail Local Housing Authority. It is intended the process for
review can be completed within the first quarter of 2021.
A number of initial next steps are required to move this initiative forward. Those steps include:
• Preparation of application submittal materials for the following applications:
o Land Use Plan Amendment
o Open Land Plan Amendment
o Minor Subdivision Application
o Rezoning Application
• Execution of the contract for minor subdivision plat map with a licensed land surveyor
• Coordination with Colorado Department of Transportation to potentially acquire a portion
of right of way in exchange for a slope maintenance agreement
• Prepare a resolution granting agency to the Vail Local Housing Authority to act on the
Town's behalf
Town of Vail Page 2
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