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HomeMy WebLinkAboutagenda.council.worksession.20230710AGENDA CITY COUNCIL WORK SESSION July 10, 2023 4:00 PM, City Council Chambers 427 Rio Grande Place, Aspen I.Work Session I.A Council Goal Work Plan: Affordable Housing I.B Homeowner Association Capital Reserve Shortfalls I.C Burlingame Ranch Phase 3 Affordable Housing Unit Sales Zoom Meeting Instructions Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://us06web.zoom.us/j/81423275566? pwd=dHZGZmc5a1JWKzR2Wlp0UnFyVW01Zz09 Passcode: 81611 Or join by phone: Dial: US: +1 346 248 7799 Webinar ID: 814 2327 5566 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/keqyyPkODB Memo - Council Goal Work Plan Affordable Housing - July 10 2023.docx Housing Goal Draft Work Plan for City Council Review.docx HOA Capital Reserve Deficits_July 10 Work Session.docx Council_WS_Memo_10JULY2023_-final.docx Reso_106_of_2023_draft__True_changes_.docx 10JULY2023 Council WS Slides FINAL.pdf 1 1 MEMORANDUM TO:Mayor and City Council FROM:Diane Foster, Assistant City Manager THROUGH:Liz Axberg, Housing Policy Analyst Ben Anderson, Deputy Director, Community Development Cindy Christensen, Deputy Director of APCHA Tyler Christoff, Deputy Director of Public Works Chris Everson, Housing Development Senior Project Manager Matthew Gillen, Executive Director of APCHA Scott Miller, Director of Public Works Jenn Ooton, Senior Project Manager Sara Ott, City Manager Rob Schober, Capital Asset Director Bethany Spitz, Deputy Director of APCHA Pete Strecker, Director of Finance Phillip Supino, Director of Community Development MEMO DATE:July 3, 2023 MEETING DATE:July 10, 2023 RE:Council Goal Work Plan: Affordable Housing REQUEST OF COUNCIL: Staff is requesting City Council feedback on the new Affordable Housing Goal workplan and would like to know if City Council is interested in further exploring West Mountain Regional Housing Coalition’s valley-wide buy down program. At this time staff is not requesting specific feedback on the 2022-2026 Affordable Housing Strategic Plan, as staff will return to Council in a work session in the first quarter of 2024 for an in-depth discussion around updating the Affordable Housing Strategic Plan. SUMMARY AND BACKGROUND: City Council adopted its 2023 to 2025 Goals in June 2023, including the Housing Goal. This work plan details the milestones to be undertaken by staff to support City Council in reaching its articulated goal. Importantly, due to the scope and scale of the activities in this work plan, only some of these items can be completed within a two-year timeframe; many will take much longer. 2 Much of the effort outlined in the attached work plan is a continuation of City Council’s 2022-2206 Affordable Housing Strategic Plan. The strategic plan was approved and adopted by City Council in April 2022. On November 14, 2022 City Council received the first strategic plan update. The second strategic plan update for City Council was on May 8, 2023. Every six months, staff provides an Affordable Housing Strategic Plan update to City Council. Several of the objectives City Council identified within the Housing Goal are either new or are further articulation of an item discussed in the Affordable Housing Strategic Plan. Importantly, the actual work discussed in both the attached work plan and the 2022-2026 Affordable Housing Strategic Plan has been and continues to be performed by the cross- departmental team of staff identified on the “Through” line above. DISCUSSION: There are two primary questions staff would like City Council to consider for this work session: 1. Are there edits City Council would like to make to the draft Housing Goal Work Plan? In particular, staff asks that City Council pay particular attention to the Project Description for each milestone, as that is a staff interpretation of City Council’s intent; and 2. Is City Council interested in further exploring West Mountain Regional Housing Coalition’s valley-wide buy down program, as presented in the July 10, 2023 work session? ENVIRONMENTAL IMPACTS:While development of new affordable housing has a negative carbon impact, these developments are usually built to meet higher-than- building-code environmental standards. Because City Council has only pursued development within the City’s urban growth boundary, the travel distance of many of a new development’s residents is reduced. Where transit connections are a high priority in new developments, new residents can mode shift from automobile to transit, which also has a net positive carbon impact. Other strategies in this Strategic Plan are development neutral and, consequently carbon neutral. FINANCIAL/BUDGET IMPACTS:Each milestone in the Housing Goal Work Plan includes discussion of resources required, including financial resources. CITY MANAGER COMMENTS: APPENDIX: Draft 2023-2025 Housing Goal Work Plan 3 Affordable Housing:In order to deliver an affordable housing system that is high quality, sustainable, and results in a lived-in community, Council will continue to evaluate, identify opportunities, plan, partner, facilitate, and leverage existing and new resources to invest in the development and maintenance of affordable housing.This will be accomplished through: Goal Owner: Diane Foster a.Implementing the Affordable Housing Strategic Plan Milestone: Implementation of 14 Action Items Project Description: The Aspen City Council has made affordable housing a priority for decades and in 2021 established “Increase number of Affordable Housing Units” as one of their three Critical Goals. The 2022-2026 Affordable Housing Strategic Plan was adopted by City Council in April 2022. The fourteen action items are detailed in the Affordable Housing Strategic Plan that can be found here: https://aspen.gov/DocumentCenter/View/8923/COA-Housing- StrategicPlan-May2022-Spread-LowRes Timeline:The timeline outlined in the City of Aspen 2022-2026 Affordable Housing Strategic Plan has these actions taking place between April 2022 and December 2026. Specific timelines for each of the fourteen action items can be found on pages 20 through 33 of the City of Aspen 2022-2026 Affordable Housing Strategic Plan. Resource Needs:In the summer of 2022 the City hired its first Housing Policy Analyst to focus on the implementation of the Affordable Housing Strategic Plan. Additional work on the Plan has been accomplished using existing staff from the City Manager’s Office, Asset Management, Community Development, Finance and APCHA. Staff will submit a nominal supplemental budget request as part the 2024 budget to support administrative needs associated with research and planning needed for certain action items. Additionally, every action item in the Plan will have its own resource needs. Those resource needs have been and will continue to be presented to City Council as part of individual action item implementation. Council Engagement: City Council Council adopted the Affordable Housing Critical Goal by resolution in August 2021; In December 2021 City Council held a two-day Housing Retreat where they articulated their strategy for realizing the aforementioned goal; 4 In early 2021 during multiple work sessions Council further refined this strategy and defined the actions needed to achieve this goal. Council also set a housing goal metric of achieving and incremental 500 affordable housing units by 2026; On November 14, 2022 City Council received the first formal status update on the Affordable Housing Strategic Plan; and On May 8, 2023 City Council received the second formal status update on the Affordable Housing Strategic Plan. Milestone:Work session to consider additional action items, refinement to current action items and possible modifications to the goal. Project Description: As staff has worked through the first year of implementation of the on the 2022-2026 Affordable Housing Strategic Plan, staff has identified and analyzed additional action items City Council may want to consider. Council may also wish to refine some of the goals, based on what has already been accomplished and/or items that may no longer be relevant. Lastly, staff will ask Council to consider minor modifications to the goal based on decisions Council has made that have impacted action item timelines. Timeline:This work session will by the end of Quarter 1 2024. Resource Needs:If City Council wishes to add action items, each item will have its own resource requirements. Council Engagement:Staff will present proposed changes to City Council in a work session by the end of Quarter 1 2024 b.Completing Council-directed affordable housing development projects Milestone:Complete Burlingame Phase 3 Project Description:The final phase of the Burlingame affordable housing project will be released to the public for sale summer 2023. Two prior phases have been completed, with a total of 177 affordable units at Burlingame Ranch. This thriving neighborhood is home to a diverse working population including many families and children. The third phase of building is currently in process as of March 2021. The current construction effort will create 79 additional affordable condominium units in 8 buildings, along with associated landscape and infrastructure. Timeline:Staff will have one final work session check in with City Council and shortly thereafter will make the 79 units available for sale. Resource Needs:Staff is completing this project with existing resources. 5 Council Engagement: City Council has held a myriad of work sessions over the years. One final work session is necessary before putting up these units for sale and, thereafter, closing out the project. Milestone: Complete The Lumberyard Project Project Description:The City of Aspen’s Lumberyard affordable housing project site is located just south of the Aspen airport business center on the east side of Colorado state highway 82. The City anticipated the development of affordable housing in the area of the current project site and purchased part of the site in 2007. Later in 2020, the City purchased the 3-acre Aspen Mini Storage property, bringing the total project site area to about 10.5 acres. In 2019, Aspen City Council directed the start of a community outreach and conceptual design process which included a process of community engagement and feedback to help inform the design process. City Council directed staff to design this project to include 277 affordable housing units. The project recently received a conditional recommendation from the Planning & Zoning Commission and is currently before City Council for consideration of a number of land use approvals. Timeline: The timeline from the Council-adopted Affordable Housing Strategic Plan is below, however this timeline will need to be revised based on the extended Council approval process and the potential for changes to the process being contemplated by Council. 2022: Complete Schematic Design, Submit Development Application for Approval Process 2023: PD Recording, Construction Documents, Building Permit Application Process 2024: Target for Access & Infrastructure, Infrastructure Construction Start 2025: Target for First Phase of Housing, Home Construction to Start 2027: Target for Occupancy of First Phase of Affordable Housing 2028+: Remaining Phases of Housing TBD : Construction and Occupancy Resource Needs:Resources for 2023 have been approved by City Council. City Council will need to approve additional funding for future years. Council Engagement: City Council has held numerous work sessions over the years; and This project is currently before City Council for consideration of a series of requested land use approvals. 6 c.Continuing to seek additional affordable housing, development-neutral opportunities, including optimizing existing housing stock Milestone:Identify, analyze and propose to City Council additional development neutral tactics Project Description:In the Affordable Housing Strategic Plan, the City Council set a goal of an incremental 500 affordable housing unit by December 2026. 57% of those units would be generated from development neutral tactics. With regard to optimization of existing housing stock, two years ago APCHA was able to quantify the number of empty bedrooms using data from the HomeTrek system. In the last year APCHA has undertaken several projects to address housing stock optimization, including launching its first rightsizing program. As part of a Quarter 1 2024 work session on possible additions/modifications to the Affordable Housing Strategic Plan, staff will present additional development neutral programs City Council may want to consider. There is one program City Council could consider in the near term: The West Mountain Regional Housing Coalition is introducing a valley-wide buy down program. City Council could choose to participate in this program and could restrict the use of the use of City of Aspen funding for use by people who currently work in the City of Aspen. Timeline: Staff will outline the West Mountain Regional Housing Coalition’s regional buy down program during the July 10, 2023 work session. If City Council is interested in pursuing this program, staff can return to Council in the coming months for a work session to further discuss the mechanics and financial commitment associated with this program. As part of a Quarter 1 2024 work session on possible additions/modifications to the Affordable Housing Strategic Plan, staff will present additional development neutral programs City Council may want to consider. Resource Needs:With the exception of APCHA and land use policy actions, other development neutral opportunities can only be realized with corresponding funding. Council Engagement:City Council has been very active in this area, from directing prioritization of development neutral strategies in the Affordable Housing Strategic Plan to providing a handful of Burlingame Phase 3 units as an additional rightsizing pilot program. d.Prioritizing and financing continued development and maintenance of affordable housing to better serve the community and the workforce Milestone:Prioritization of financial support for affordable housing development and maintenance 7 Project Description:The current cost to develop an affordable housing unit in Aspen is approximately $1 million per bedroom. Having the right portfolio of funding sources and funding partners is critical to gain affordable housing units through both development neutral means as well as new development. There are three primary sources of tax funding for affordable housing: 1.0% real estate transfer tax (RETT), 25% apportionment of a 0.45% sales tax (remainder is shared with the Kids First Fund) and a 70% apportionment of the newly adopted short-term rental (STR) tax. In line with previous updates, financing for new housing construction is typically contingent on the specifics of the individual projects, and as such, requires that the projects be designed, entitled, and appropriated to show a firm commitment forward. The Lumberyard project is advancing and shaping this landscape to be able to hone in on the possible methods for financing this endeavor but has not been completely finalized at this time. Tied to a possible financing, staff anticipates engaging the Council and the voting public to extend current sunset dates of December 31, 2040, for both the 1.0% real estate transfer tax and the 0.45% sales tax, to provide a more robust revenue stream to support any debt repayment. Without key sources of revenue identified to support a debt issuance repayment, options for borrowing become limited and also more risky (in terms of retaining control of the financed asset). Timeline:The timing on a City Council work session on financing for the Lumberyard is dependent on entitlements and City Council’s decision on the type of financing model and/or partnership. Resource Needs: The resource needs to implement the full affordable housing strategic plan will be significant and will outstrip the generation rate of the current taxes sources. Therefore, the financial resources will depend on the prioritized projects along with the desired pace of those projects, and cannot be fully quantified at this time. Council Engagement:Staff recommends City Council request a work session focused exclusively on funding for affordable housing. Critical to that discussion is the prioritization of competing housing projects or needs, to help structure funding solutions around the projects of highest importance, given that resources are not unlimited. This prioritization must first be answered before the exploration of funding solutions for any individual project in isolation. e.Supporting continuous improvement with the APCHA program, including ensuring adequate resources Milestone:Continuous improvement of the APCHA program. 8 Project Description: APCHA staff are always making improvements to the program; from APCHA Board-approved policy refinements to process and system improvements, such as the 2021 launch of the HomeTrek system. There are two ways the City of Aspen supports continuous improvement of APCHA: Participation on the APCHA Board: The Intergovernmental Agreement governance document for APCHA specifies that the City of Aspen and Pitkin County each have a primary and an alternate Board Member seat. All policy changes, including updates to the APCHA Regulations, occur with Board approval. Board members have a significant role in improvements to the APCHA program; and Funding: The City of Aspen provides fifty percent of APCHA’s operating and capital cost. Timeline:There is no specific timeline associated with this item. If the Aspen City Council wishes APCHA to make a specific improvement, it should direct its two APCHA Board Members to discuss that with the other APCHA Board members. Resource Needs:In the 2024 budget, APCHA will ask City Council and the Board of County Commissioners to jointly fund a new staff position whose responsibilities will include direct outreach to HOAs. APCHA continues to investigate possible improvements to HomeTrek’s user interface, resources could be requested in the future. This, however, is not a funding request anticipated for the 2024 budget. Council Engagement:The APCHA Board meets twice a month; City Council’s APCHA Board representatives spend a significant amount of time engaged with APCHA staff and topics. The City Council also engages directly with APCHA leadership where APCHA operates as a department of the City of Aspen. This happens most often during the budget cycle. f.Assisting homeowners’ associations evaluation of their capital maintenance planning and capital reserves. Milestone:Implement programs to support HOA capital reserve planning Project Description:Staff is interpreting this objective as specifically related to capital maintenance planning and capital reserves for properties where fifty percent or more of the properties within a development are affordable housing. Many affordable housing HOAs within Aspen City limits have capital reserve shortfalls. This results in unaddressed deterioration of aging housing stock. 9 Supporting Homeowners’ Associations in the evaluation of their capital maintenance planning and assessing their capital reserves benefits the entire community as having well maintained homes helps the property’s residents and reduces the chances of catastrophic damage to the property – which could result in a request for financial support from other taxpayers. Work in this project will include both City staff identifying opportunities for the City to support HOAs in assessment and planning; and City staff working with the APCHA Board and staff in their efforts to address this issue. Timeline:APCHA has already conducted a survey to gauge HOA interest in APCHA- funded new capital reserve studies and the result was very high interest. In the coming months APCHA will issue an RFP and hire a company to conduct these capital reserve studies. APCHA recently relaunched a pre-pandemic HOA education program featuring an experience HOA advisor. On July 10, 2023 city staff presented at a Council-requested work session titled HOA Capital Reserve Shortfalls to discuss why some HOA have capital reserve shortfalls and what actions have been taken, with new city-developed properties, to reduce the chances of this problem occurring in the future. Resource Needs:While APCHA will fund initial requests for HOA Capital Reserve Studies, if the demand exceeds APCHA’s ability to fund this effort, APCHA could need to ask the City and County to provide financial support. APCHA is providing HOA education out of its existing budget. In the 2024 budget, APCHA will ask City Council and the Board of County Commissioners to jointly fund a new staff position whose responsibilities will include direct outreach to HOAs. Should City Council request additional actions, budget requests would be made accordingly. Council Engagement: City Council members of the APCHA Board have been involved in discussions about HOA Capital Reserve studies. City staff will present to City Council on July 10, 2023. This topic is also on the agenda for the City Council and Board of County Commissioners to discuss on July 18, 2023 at their Joint Meeting. 10 11 MEMORANDUM TO:Mayor and City Council FROM:Liz Axberg, Housing Policy Analyst Chris Everson, Affordable Housing Development Senior Project Manager THROUGH:Diane Foster, Assistant City Manager MEMO DATE:July 3rd, 2023 MEETING DATE:July 10th, 2023 RE:Homeowner Association Capital Reserve Shortfalls REQUEST OF COUNCIL: The work session’s purpose is to frame the issue of some HOAs underfunding their capital reserves, the current actions staff have already been taking to address this issue and discuss possible solutions that would prevent future HOA reserve shortfalls. The main questions staff have for Council are: 1. Are there actions that you would like your APCHA board representatives to take to the APCHA board for consideration? 2. Would you like staff to come back with further information on any of the items discussed? 3. Are there any ideas that were not presented here that you would like staff to further explore? SUMMARY AND BACKGROUND: The City of Aspen and APCHA recognize that the gap in capital reserves has existed for some time and some HOAs have a problem catching up to their current capital needs. The County, City, and APCHA have attempted to address this issue several times in the past 10-years. In 2011, the City, County, and APCHA recognized the issue and partially funded capital reserve studies for 29 HOAs under the APCHA regulations. From these results, the problem became clear: some HOAs were not properly funding their reserves. In the 2011 capital reserve studies, 26 out of 29 of the HOAs had capital reserves funded below 70% (the industry recommendation). The table below provides a high-level summary of the results from the 2011 capital reserve studies. 12 2011 APCHA Capital Reserve Studies # of participating HOAs 29 Average Deficit $254,422 Minimum Deficit $9,756 Maximum Deficit $2,800,715 Average Deficit per Unit $7,523 Average % Funded 29% In 2016, the BOCC, City Council, and APCHA Board decided to act on the results from the 2011 capital reserve studies and formed a Capital Reserve Policy Joint-Work Group to propose policy options to address the capital reserve gap in APCHA HOA communities. Through this work, the group recommended several proposals that included tactics to address deficits such as: providing another capital reserve study, management assistance, education programming, grants, and loans programs. None of the proposed programs were approved or passed during this time. In 2018, the issue rose to the attention of the APCHA Board again. APCHA staff proposed a plan which included program and policy solutions to better support HOAs in addressing capital reserve deficiencies and deferred maintenance. No large programs or policies were passed during this time either, but it did result in APCHA passing several regulation changes which included requirements for HOAs to have a capital reserve study and for HOAs to be managed by a professional management company the first year. In today’s work session, we will cover best practices that staff are already undertaking to prevent HOA capital reserve shortfalls and potential solutions that would also prevent this issue from occurring at future developments. DISCUSSION: New Developments vs Existing Developments: Today we are focusing on tactical solutions to prevent future shortfalls for new HOAs versus the already existing deficits and shortfalls. To address the already existing and long-standing deficits and shortfalls requires a different approach that is not part of today’s discussion. The Issue and Solutions: Staff identified several of the system realities and core issues as to why some HOAs are not properly funding and maintaining their capital reserves. In recent years, staff have already taken several actions to begin addressing the different facets of why the issue exists. Each system reality and the current solution(s) the City and APCHA has in place is below: 13 Issue Current Solutions Lack of education or knowledge of how to properly run an HOA APCHA requires new HOAs to have a professional management company for 1 year minimum after incorporation. APCHA offers training for HOA representatives. Starting an RFP for APCHA funded capital reserve studies for HOAs. Proposed new APCHA outreach position. All Owners are required to take a homebuyer education class. No Requirements for Maintaining Reserves Requirements are included in new HOA governing documents. APCHA requires new HOAs to have a preliminary capital reserve study. Less resilient design choices available in the past Actively choosing more durable materials and architectural choices in new developments. Role of HOA dues in assessing Affordability Avoid mixed free market and deed restricted projects. Minimizing unnecessary amenities. The City of Aspen includes the following industry best practice requirements in homeowner associations governing documents for any homeowner associations which the City incorporates: A capital reserve study by a qualified professional is required. The reserve study must include an inventory of common elements which the Association is responsible for maintaining. The reserve study must include a financial analysis with o Useful life of common elements which the Association is responsible for maintaining, and o Projected future reserve savings to meet future reserve needs. Every five (5) years the reserve study shall up updated. 14 Within seven (7) years from the date Declaration is recorded, reserve savings must reach seventy percent (70%) of the recommended funds set forth in the reserve study. Must maintain its reserve fund in an amount equaling at least 70 percent (70%) of the funding recommended in its most recently updated reserve study. On a yearly basis, must submit to the Aspen Pitkin County Housing Authority the most recent version of the reserve study. On a yearly basis, must submit to the Aspen Pitkin County Housing Authority the balance of the reserve account and an accounting of whether the Association has updated its reserve study and maintained its reserve account as required. In addition to mandating accountability, Staff has commissioned a capital reserve study which is currently in process. The process of continuing to estimate operating costs is ongoing and will further inform the 2024 operating budget. By providing the new association board with the requirements listed above and the reserve study, the association board has a fiduciary duty to execute a capital reserve savings plan, but also allthe necessary information they need to successfully do so. Along with this, as declarant, the City holds three of five association board seats during the period of declarant control. This will allow the City to support the HOA board in having a successful start to their first year. Possible Additional Tactics: There is a plethora of tactics and solutions that could address and prevent HOA capital reserve shortfalls down the road. Staff identified four categories that the tactics could be categorized into. Within each category, there is a copious number of avenues and options. The goal of this section is to give an idea of other possible tactics that could prevent future HOA capital reserve shortfalls. Solution Category Examples Generate a revolving fund Taxing districts Collecting appreciation/price adjustments Mandating Accountability through APCHA Mandatory reporting and training Mandatory capital reserve studies and management plans Deed restriction requirements. New APCHA Staff member. Enforcement through land use code 15 Free Market Solutions Mixed free-market development to help fund repairs. Partnering with a local bank to help HOAs access loans. Incentives Allowing HOA Capital expenses to be recouped upon resale. Questions for Council: 1. Are there actions that you would like your APCHA board representatives to take to the APCHA board for consideration? 2. Would you like staff to come back with further information on any of the items discussed? 3. Are there any ideas that were not presented here that you would like staff to further explore? FINANCIAL IMPACTS: No financial impacts at this time. ENVIRONMENTAL IMPACTS: No environmental impacts at this time. ALTERNATIVES: RECOMMENDATIONS: CITY MANAGER COMMENTS: 16 Page 1 of 4 MEMORANDUM TO:Mayor and City Council FROM:Chris Everson, Affordable Housing Development Project Manager THROUGH:Rob Schober, Capital Asset Director MEMO DATE:June 30, 2023 MEETING DATE:July 10, 2023 RE:Burlingame Ranch Phase 3 Affordable Housing Unit Sales REQUEST OF COUNCIL:Staff is requesting Council review and discuss previous direction on unit affordability, the right-sizing program, and employment location requirements to finalize these items for the lottery and sale of 79 deed restricted affordable condominiums at Burlingame Ranch Phase 3. Council will be asked to review and approve these items via resolution on July 11 th 2023 regular meeting. BACKGROUND: The Burlingame Ranch Phase 3 affordable housing development, located 3.5 miles from downtown Aspen, will provide 79 total units, including (25) 1-bedroom units, (17) 2-bedroom units and (37) 3-bedroom units and will house nearly another 200 full-time equivalent local workforce employees. Burlingame Ranch is an affordable housing enclave that provides qualified working households with the opportunity of affordable homeownership. Unit sales were originally planned for September 2022, but on July 29, 2022, the City of Aspen announced a delay to the sale of all Burlingame Ranch Phase 3 affordable housing units until 2023, due to complications caused by supply chain problems and labor shortages. City staff determined it was necessary to prioritize quality over expedience, and at a work session on March 27, 2023, staff reported that more than 280 windows on the project were being replaced by the City’s suppliers, and the windows which not being replaced were being re-sealed so that the installation of all windows on the project would address industry best practices and perform as expected. Burlingame Ranch Phase 3 is the final multifamily housing phase of Burlingame Ranch. Under the development ordinance for Burlingame Ranch, two affordable single-family homes remain to be developed. City and APCHA staff have developed the draft lottery and sales schedule shown below. Schedule is subject to change and is pending Council go ahead for the sales process. 17 Page 2 of 4 Staff believe it is important to message the upcoming lottery to provide interested households appropriate time to submit their qualifications applications to APCHA by mid-August. Staff plan to begin public announcement of the sales process on July 12, 2023. At a work session on March 27, 2023 City Council approved the unit income mix which was prioritized based in part on the fastest growing income cohorts over the past ten years and in part based on the heaviest areas of APCHA housing lottery bidding in recent years. City Council has authorized the City of Aspen to purchase five units from the Burlingame Ranch Phase 3 inventory to become part of the City of Aspen’s employee housing program. This leaves the remaining pool of units for the APCHA lottery and sales process. Staff intend to base sales prices for affordable units on the Maximum Sale Prices for Newly Deed- Restricted Ownership Units effective January 1, 2023 as shown on page 8 of the 2023 APCHA Regulations. DISCUSSION: The Burlingame 3 units will be ready for occupancy beginning September 2023.This is planned to occur two buildings at a time, and the lottery and sales process is currently being planned by City and APCHA staff to coincide with this timing.If approved based on this work session, the application, lottery, sales, and occupancy process is planned to run from mid-July through mid-December. 18 Page 3 of 4 Based on the pending sales process, staff would like guidance from Council on the following items: 1) Affordability: Staff has performed a comprehensive affordability analysis at all income levels and has determined that using the maximum sales prices will not create widespread cost-burdening of households. Only households at the low end of the Category 2 income scale could become cost burdened, and these households will need to choose carefully whether or not a home purchase at Burlingame Ranch Phase 3 will suit their budget. Sales materials include estimated budgets for every unit at each income level, which will show potential buyers what their monthly housing costs will be, including mortgage payment, taxes, insurance, utilities and HOA dues including capital reserves. The larger area of concern about cost burdening would occur if Category 1 or other households enter lottery bids in a higher category than their household income level. Applicants are allowed under the APCHA Regulations to bid up by one category in a typical APCHA lottery process. City and APCHA are recommending against allowing applicants to bid up by one category for the Burlingame Ranch Phase 3 sales process because any households who do this would be significantly cost burdened. 2) Right-Sizing: Per Council request, City and APCHA staff have cooperated to design a “right-sizing” pilot program which would leverage priority in the lottery process as an incentive for up to five households to downsize to a unit for which they meet occupancy requirements under the APCHA Regulations. This will be incorporated into the lottery process. 3) Employment Location Requirement for Qualification A remaining question from the March 27, 2023 work session was about prioritizing housing for Aspen’s workforce. Council requested more information about the possibility of a priority for applicants who are employed within Aspen city limits or within the UGB, and whether that could be for initial sales only or in perpetuity. If Council wishes to proceed with a smaller area of geographic eligibility, staff would recommend only going so far as to prioritize applicants who are employed within the Aspen UGB for initial sales only, for the following reasons shown below. Prioritizing applicants who are employed within the Aspen UGB for initial sales only would: have the desired effect of signaling that City funds for affordable housing will prioritize Aspen workers not limit the sales pool so as to cause adverse effect on occupancy outcomes be possible with a standard APCHA deed restriction not require APCHA to operationally manage the details of this priority forever 19 Page 4 of 4 Staff requests that Council discuss and provide direction to staff so that the sales process can be launched in a timely manner. BUDGET IMPLICATIONS: As transaction broker, APCHA receives a 2% commission on all sales which goes toward APCHA operations. The City of Aspen is paying full development cost for the five City employee units, which will be transferred from the City’s 505 Employee Housing Fund to the City’s 150 Housing Fund. Funds from the 505 Fund and proceeds from APCHA sales, net of fees, are anticipated to bring about $26,440,000 million into the City’s 150 Housing Fund. Those revenues will offset the overall development cost of the Burlingame Ranch Phase 3 project. The estimated total cost of development at completion of the Burlingame Phase 3 project from 2019 through 2023 is $58,104,000, plus historical investments in land and infrastructure from 1997 through 2012 of $10,823,000, for a total development cost of approximately $68,927,000 over 26 years. The total subsidy from the City’s 150 Housing Fund for Burlingame 3 is estimated at completion to be $42,387,000, which further breaks down to $536,544 per unit, $249,335 per bedroom, $219,622 per FTE. An extrapolated fee in lieu amount for an average income category of 3.4 is $356,396 per FTE. Due to the extremely low land cost basis, staff does not recommend using the Burlingame 3 project as a benchmark for estimating future affordable housing developments in Aspen. RECOMMENDATION:Staff recommends Council provide staff direction on unit affordability, the right-sizing program, and employment location requirements to allow finalization of lottery and sale of 79 deed restricted affordable condominiums at Burlingame Ranch Phase 3. Staff requests that Council approve a resolution at the 7/11 regular meeting for the BG3 sales process based on the direction provided herein. CITY MANAGER COMMENTS: ATTACHMENTS:Exhibit A – Presentation slides 20 RESOLUTION #106 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE STAFF, WORKING TOGETHER WITH APCHA, TO MOVE FORWARD WITH CONDOMINIUM UNIT SALES FOR THE BURLINGAME RANCH PHASE 3 AFFORDFABLE HOUSING PROJCT. WHEREAS, Council has discussed details of the proposed sales process at previous work sessions and provided staff with direction about detailed conditions for the unit sales process, including: Unit Sales Process. The sales process for Burlingame Ranch Phase 3 shall utilize an APCHA lottery process based on the information shown below: Unit and Income Mix. The unit and income mix shall be based on the table shown below: Burlingame Ranch Phase 3 Unit Income Mix Unit Type/Category Cat2 Cat3 Cat4 Cat5 *City of Aspen Total 1 Bedroom 8 6 7 2 2 25 2 Bedroom 5 4 3 2 3 17 3 Bedroom 4 13 14 6 0 37 Total 17 23 24 10 5 79 *City of Aspen employer units are subject to the City’s Employee Housing program rules for eligibility, pricing, and conditions. Sales Prices: Sales prices for affordable units shall be based on the Maximum Sale Prices for Newly Deed-Restricted Ownership Units effective January 1, 2023 in the 2023 APCHA Regulations. 21 Affordability: Applicants shall not be allowed to bid up by one category for the Burlingame Ranch Phase 3 sales process. Right-Sizing: A “right-sizing” pilot program which would leverage priority in the lottery process as an incentive for up to five households to downsize to a unit for which they meet occupancy requirements under the APCHA Regulations shall be incorporated into the lottery and sales process for Burlingame Ranch Phase 3. Employment Location Requirement: The _________ employment boundary of Pitkin County shall be maintained for all Burlingame Phase 3 sales. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the City Manager to direct staff, working together with APCHA, to move forward with condominium unit sales for the Burlingame Ranch Phase 3 affordable housing project on the terms and conditions set forth above. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11 th day of July, 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held July 11, 2023. Nicole Henning, City Clerk 22 Burlingame Ranch Phase 3 Affordable Unit Sales Process July 10, 202323 Background -Burlingame Ranch Phase 3 2 of 6 Burlingame Ranch Phase 3 includes 79 affordable multifamily for-sale units: (25) 1-bedroom units (17) 2-bedroom units (37) 3-bedroom units City has been developing 258-unit Burlingame Ranch since the early 2000s Two prior phases, total of 166 affordable condominiums and 11 single family homes 100% Occupied 400+ FTE local workforce employees About 200 FTE local workforce employees Financed from City 150 Housing Fund RETT & Sales Taxes dedicated to affordable housing Rendering -Burlingame Ranch Phase 3 24 Units Ready for Sale September 2023 3 of 6 79 Units at Burlingame Phase 3 will be ready for sale September 2023 Unit sales originally planned for Sept 2022 July 29, 2022, City announced delay until 2023 280+ windows on the project were replaced by the City’s suppliers Remaining windows were re-sealed City has verified performance and code compliance 79 units in phase 3 are the final multifamily phase of Burlingame Ranch Under Ordinance 22 of 2011, two affordable single-family homes remain to be developed Rendering -Burlingame Ranch Phase 3 25 Affordability 4 of 6 Within your income category: Using the APCHA maximum sales prices will not create widespread cost-burdening Only households at the low end of the Category 2 income scale could become cost burdened Those households should choose carefully whether a home purchase will suit their budget Sales materials include estimated monthly budgets for every unit at each income level with mortgage, taxes, insurance, utilities and HOA dues with capital reserves Bidding up to a higher income category: Under the APCHA Regulations, applicants can bid up by one income category This is a much larger area of concern for cost burdening Council Discussion: Do not allow applicants to bid up by one category for the Burlingame Ranch Phase 3 sales 26 Right-Sizing 5 of 6 Pilot program would leverage priority in the lottery process as an incentive Up to five households may downsize to a unit for which they meet occupancy requirements under the APCHA Regulations Council Discussion: Include a lottery priority for downsizing applicants for up to 5 unit sales as part of the Burlingame Phase 3 lottery process 27 Employment Location 6 of 6 Rendering -Burlingame Ranch Phase 3 Question from the March 27 work session about prioritizing housing for Aspen’s workforce Possible priority for applicants who are employed within Aspen city limits or within the UGB Or exclusion of applicants who are outside Aspen city limits or UGB Could occur for initial sales only or in perpetuity Council Discussion: Maintain the typical APCHA employment boundary of Pitkin County for all Burlingame Phase 3 sales or something different? 28 7 of 6 Staff requests Council provide staff direction on: Affordability Right-sizing pilot program Employment location Council will be asked to review and approve these items via resolution at the July 11, 2023 regular meeting. Questions and Discussion 29 8 of 6 Applications, Lottery, Sales Schedule Interested households should submit their qualifications applications to APCHA by mid-August. 30 Unit & Income Mix, City of Aspen Units 9 of 6 Rendering -Burlingame Ranch Phase 3 31 Unit Sales Prices 10 of 6 Rendering -Burlingame Ranch Phase 3 32