This Article shall be known as the "Town of Minturn Community Housing Plan."

(Ord. 7-2020 §4)

(a)

Purpose. The purpose and intent of the regulations set forth in this Article is to increase affordable housing choices for year-round residents and to preserve a balance between second homeowners and locals in accordance with adopted housing action plans and the goals and policies of adopted community plans, including the following goals:

(1)

To regulate and encourage the provision of locals only, or community housing in new and redevelopment residential, mixed-use and commercial projects;

(2)

To ensure that the Town maintains a minimum percentage of its overall housing stock as available and occupied by locals who meet local eligibility guidelines;

(3)

To seek out partnerships with local residents, developers and existing housing agencies such as the Eagle County Housing Authority to administer community housing deed restrictions and to provide assistance to qualified local housing renters and/or buyers;

(4)

To ensure that a minimum percentage of new housing developed within the Town is available to those households earning between eighty (80) percent (80%) to two hundred percent (200%) area median income (AMI).

(b)

Objectives. The following objectives are set forth to achieve the community housing goals of the Town:

(1)

By 2030, the Town will secure twenty percent (20%) of the overall housing inventory as resident occupied deed-restricted for residents meeting local residency guidelines in the Upper Eagle River Valley, with preference for those individuals and families working within the Town of Minturn;

(2)

By 2030, the Town will secure ten percent (10%) of overall new for sale and for rent residential development for households with incomes ranging from eighty percent (80%) to two hundred percent (200%) AMI;

(3)

By 2025, the Town will create standards and incentives within the Minturn Municipal Code to increase and incentivize opportunities for residential and mixed-use infill development including single-family, duplex, townhouses, and accessory dwelling units in existing neighborhoods;

(4)

The Town will continue to monitor year-round residency and create a year-round residency goal following the 2020 census to ensure the Town maintains a minimum percentage of year-round, local residents and to inform periodic updates to the Town's Community Housing standards and guidelines.

(c)

Findings. The Minturn Town Council has identified attainable housing for year-round locals as a top policy priority and finds that:

(1)

According to the 2018 Eagle Valley Housing Needs and Solutions report, the free market in the upper Eagle River Valley unlikely to produce housing affordable for those renters below one hundred forty percent (140%) AMI and owners below two hundred percent (200%) AMI without local intervention such as incentives, regulations, subsidies, and/or public/private partnerships;

(2)

Minturn has maintained a high level of year-round residency (eighty percent (80%) at the 2010 Census) compared to other municipalities in the upper Eagle River Valley;

(3)

In recent years, this high level of year-round residency by locals is threatened by rising land, development and housing costs;

(4)

The definition of "affordable" is that a household pays thirty percent (30%) or less of the income for housing;

(5)

There is now a shortage of affordable housing available for year-round local residents to rent or purchase;

(6)

These regulations are necessary to ensure that the Town maintains its local resident housing goals.

(Ord. 7-2020 §4)

These requirements for community housing shall apply to all residential and mixed-use developments proposing the construction of five (5) or more new dwelling units, or the creation of five (5) or more residential lots, within the corporate limits of the Town of Minturn after the effective date of these regulations. Incentives for community housing shall also apply to all residential developments over one (1) dwelling unit.

(Ord. 7-2020 §4)

(a)

The Planning Director shall be responsible for the administration of these regulations, and he or she shall have the authority and duty to:

(1)

Exercise administration of this Article or any guidelines thereof pertaining to all building and developments where applicable.

(2)

Enforce all terms of this Article or any guidelines thereof.

(3)

Review and recommend approval or denial of all housing mitigation plans submitted in accordance with this Article or any guidelines thereof.

(b)

The Planning Director may also enter into contracts with other agencies, including regional housing authorities, to administer this Article or any guidelines thereof, subject to approval of the Town Council.

(Ord. 7-2020 §4)

Whenever these regulations are found to be inconsistent with any other resolution, ordinance, code, regulation, or other enactment of the Town, the enactment imposing more restrictive standards or requirements shall control.

(Ord. 7-2020 §4)

(a)

This Article has been implemented in accordance with guidelines adopted by the Town of Minturn Town Council, which guidelines shall be titled "Town of Minturn Community Housing Guidelines." The guidelines may be amended from time to time and shall include the following components:

(1)

Guidelines for the type, size and price for community housing units;

(2)

Guidelines for qualifications to purchase and occupy community housing units; and

(3)

Guidelines for the purchase or sale of community housing units.

(b)

The guidelines will provide all general information necessary for the implementation and administration of this Article.

(Ord. 7-2020 §4)

All new residential subdivisions and all new multi-family residential developments shall set aside lots or units for community housing as set forth in this Section.

(a)

Twenty percent (20%) of the total residential units in any new residential or mixed-use development proposing to create five (5) or more residential dwelling units shall be deed-restricted for resident occupied community housing. In determining whether this requirement applies, the Town shall consider all potential phases of development of the property or properties so that an owner cannot avoid the requirements by dividing the development into individual phases.

(b)

Ten percent (10%) of the total residential units in any new residential or mixed-use development proposing to create five (5) or more residential dwelling units shall be deed-restricted to limit the initial sales price ("price capped for sale housing") to no greater than that which is affordable to households earning no more than one hundred twenty percent (120%) AMI; and to limit or cap subsequent re-sale appreciation; or to limit the community housing rental unit rental prices ("price capped rental housing") in accordance with guidelines established by the Town and generally set at rates that are affordable to households with incomes no higher than eighty percent (80%) AMI.

(c)

Fractional remainders. The development's mitigation responsibility will be rounded to the nearest whole number: Below 0.5 round down (= 0 unit), and round up from 0.5 and higher (= 1 unit).

(d)

In lieu of the requirements of subsections (a) and (b) of this section, the development may meet mitigation requirements through a donation of land in an amount determined by the Town Council meeting the following requirements:

(1)

Land shall be free of all liens and encumbrances and shall be conveyed by general warranty deed.

(2)

Land shall be properly entitled and capable of supporting the applicable number of community housing units.

(3)

Land shall be buildable, have suitable soils and drainage and available utilities, and should not be within an area that has potential geologic hazards associated with development.

(Ord. 7-2020 §4; Ord. 10-2024 §2)

(a)

Any residential or mixed-use development proposing to create one (1) or more residential dwelling units may be eligible for the following incentives when providing deed-restricted community housing in the form of resident occupied community housing, for sale community housing and/or rental community housing that is deed-restricted in accordance with the Town's Community Housing Standards and Guidelines.

(1)

Density bonus. As part of any new residential or mixed-use development, the Town may offer a density bonus.

(2)

Site design flexibility. Provided that the housing goals and eligibility requirements are met and provided that the intents and purposes of this Chapter 16 are not compromised, the Town may consider flexible application of design standards including, but not limited to minimum lot size, building height, lot coverage, impervious coverage, setbacks and landscaping.

(3)

Public-private partnerships. The Town may participate in or facilitate participation with other governmental entities regarding financing or purchasing of community housing units directly from the applicant or by other means of subsidy or participation.

(4)

Tax rebate or reduction. The Town Council may at its sole discretion waive, reduce or rebate property, construction use, or other tax applicable to the project.

(Ord. 7-2020 §4)

The following methods are provided for an applicant to comply with this Article:

(a)

Provision of price capped for sale deed-restricted community housing with a maximum initial sales price ("price capped for sale housing") set at or below one hundred twenty percent (120%) AMI affordability level and with re-sale appreciation rates capped in accordance with guidelines established by the Town.

(b)

Provision of community housing rental unit rental prices ("price capped rental housing") in accordance with guidelines established by the Town and generally set at rates that are affordable to households with incomes no higher than eighty percent (80%) AMI.

(c)

Provision of resident occupied deed-restricted community housing for rental and for sale community housing units.

(d)

Conveyance of land to the Town in lieu of community housing in an amount determined by the Town Council.

(Ord. 7-2020 §4; Ord. 10-2024 §2)

(a)

Deed restrictions. Any community housing required by this Article shall be deed-restricted in accordance with a form of deed restriction enforceable in the State, as approved by the Town Attorney, to rental or ownership and occupancy by the project developer or to persons who live or work in the Town. Deed restrictions shall be prepared in accordance with the community housing guidelines.

(b)

Housing guidelines. The units shall be developed and shall comply with the size, design and occupancy standards established within the community housing guidelines.

(c)

Timing of occupancy. The units shall be ready for occupancy no later than the occupancy of free market units within the project. If the free market units are to be developed in phases, then the community housing units can be developed in proportion to the phasing of the free market units.

(Ord. 7-2020 §4)

For all projects subject to the requirements for community housing, a housing plan shall be submitted as a component of the land use application. For those projects subject to the requirements for community housing, land use applications will not be deemed complete without the submission of a housing plan. Execution of the housing plan shall be a condition of approval for the development permit and shall include, at a minimum, the following information as deemed applicable by the Planning Director:

(a)

Total number of market rate units and community housing units proposed in the development;

(b)

Details regarding how the Standards and Guidelines will be met, including unit types, square footage, number of bedrooms per unit, targeted income category, and initial sales price;

(c)

Any proposed alternative method(s) of compliance with the Standards and Guidelines.

(Ord. 7-2020 §4)

If any provision, clause, sentence, or paragraph of the Guidelines or the application thereof to any person or circumstance 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 severable.

(Ord. 7-2020 §4)