JACKSON, Wyo. — On Monday, Oct. 6, Town Council unanimously approved a text amendment to the land development regulations (LDRs), stating that nonprofit organizations that provide government-mandated public services are exempt from paying housing mitigation fees.
Teton County’s LDRs require developers to either provide a portion of deed-restricted affordable housing units in their projects or pay a fee to an affordable housing fund. The LDR amendment states that a nonprofit must receive at least 50% of its annual funding from federal, state or local government to be eligible for the exemption.
Prompting the LDR amendment, the Mental Health and Recovery Services (MHRS) of Jackson Hole, formally known as the Jackson Hole Community Counseling Center, requested an affordable workforce requirement exemption when its expansion project triggered housing mitigation fees. MHRS Executive Director Deidre Ashley told Town Council that the majority of the nonprofit’s funding comes from governmental and community sources.
According to staff notes, MHRS holds contracts with Teton County and the Town of Jackson to provide intensive outpatient treatment, 24/7 emergency services, crisis response and walk-in support to the community. MHRS also contracts with the Teton County School District for student crisis assessments and maintains coordination agreements with local agencies including St. John’s Health, Town and County law enforcement, Teton Youth and Family Services and the Wyoming State Hospital.
MHRS currently houses its substance use programs and staff in a separate location from its mental health services. To consolidate operations, MHRS is constructing a 2,912-square-foot addition, which would bring all of its programs under one roof. According to staff notes, the addition would eliminate approximately $150,000 in annual rent and add six offices and additional meeting space. MHRS incurred a mitigation requirement of $195,362.20 for 0.718 units associated with the expansion.
Ashley stressed the importance of MHRS to the Jackson Hole community.
“We are not a private practice,” Ashley said. “We are dedicated entirely to the health, safety and welfare of the Town and County. We have contracts with the County to provide some of those general outpatient services, as well as Wyoming Statute Title 25, the involuntary hospitalization. So, if somebody ends up at the hospital, we are the ones who go in and assess for risk to harm self or others.”
Town Council discussed the organization’s unique use and funding structure as potential justification for an exemption.
“We all know how much is at stake with housing mitigation,” Councilor Kevin Regan said. “This is our legislation function and our ability to pass laws. This is a narrowly tailored amendment but this is for a great organization and others that meet this criteria.”
Mayor Arne Jorgensen added that the LDR consideration “is narrowly focused on a group that is doing amazing work” to support public health.
According to the Town, the LDR amendment excludes general nonprofits or contractors, limiting the exemption to entities such as the applicant, Teton Youth and Family Services, Community Entry Services or the Senior Center, when expanding office space to deliver essential public services.
