HomeMy WebLinkAbout142 - 11/21/2017 - WAIVING CERTAIN FEES FOR HOUSING CATALYST'S VILLAGE ON HORSETOOTH AFFORDABLE HOUSING PROJECT AND APP (2)1
ORDINANCE NO. 142, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
WAIVING CERTAIN FEES FOR HOUSING CATALYST'S VILLAGE ON
HORSETOOTH AFFORDABLE HOUSING PROJECT AND APPROPRIATING
PRIOR YEAR RESERVES IN VARIOUS CITY FUNDS TO PAY SPECIFIED FEES
WHEREAS, Housing Catalyst ("HC"), also known as the Fort Collins Housing Authority,
was formed by the City Council in 1970 pursuant to the authority contained in Section 29-4-101,
et seq. of the Colorado Revised Statutes, for the purpose of providing affordable, safe and sanitary
housing in the City that is within the means of families of low or moderate income; and
WHEREAS,by adoption of Ordinance No. 065, 1999,the City Council exempted from the
imposition of the City's capital improvement expansion fees the land development projects of
housing authorities formed pursuant to the provisions of Section 29-4-101, et seq., and specified
various other City fees from which such projects are also to be exempted; and
WHEREAS, the financial impact of such fee waivers on the City can be substantial,
depending upon the size of the project that is exempted, and,whether the lost fee revenues need to
be replaced by the City; and
WHEREAS, on March 19, 2013, the City Council adopted Ordinance No. 037, 2013 (the
2013 Ordinance"), which made amendments to the City Code and Land Use Code limiting the
types of projects for which HC could request fee waivers, and specifying that those waivers are to
be granted at the discretion of City Council upon a determination that proposed waivers will not
jeopardize the financial interests of the City or the timely construction of capital improvements to
be funded by the fees; and
WHEREAS, the 2013 Ordinance also authorized and directed the Mayor to enter into an
intergovernmental agreement between the City and HC documenting HC's intent to limit future
fee waiver applications to affordable housing projects that meet the criteria established by such,
Ordinance (the "Intergovernmental Agreement"); and
WHEREAS, the Intergovernmental Agreement was executed on July 3, 2013; and
WHEREAS,the 2013 Ordinance states that the City Council can waive, by ordinance, fees
that would otherwise be imposed for an affordable housing project wholly or partially owned by a
housing authority only if the City Council determines that: (1) the proposed project is intended to
house homeless or disabled persons, as such terms are defined by the Department of Housing and
Urban Development (HUD), or households with an annual income that does not exceed 30% of
the area median income (AMI) for the applicable household size in the Fort Collins-Loveland
metropolitan statistical area,as published by HUD;and(2)the proposed waiver will not jeopardize
the financial interests of the City or the timely construction of the capital improvements to be
funded by the fees for which a waiver is sought; and
1-
WHEREAS, HC is seeking the waiver of certain development and capital improvement
expansion fees for the Village on Horsetooth, a 96-unit affordable housing community being
constructed at 1506 West Horsetooth Road in Fort Collins (the "Project"); and
WHEREAS, HC is constructing the Project on property it acquired from the City as part
of the City's Affordable Housing Land Bank Program; and
WHEREAS,the City has established affordable housing production goals in the 2015-2019
Affordable Housing Strategic Plan(Plan)with an annual production goal for this five-year plan of
188 units; and
WHEREAS, the Project will deliver 96 units, 51% of the City's annual goal for new
affordable housing units; and
WHEREAS, 43 of the Project units (or 45% of the total development) will be dedicated to
households making no more than 30% of AMI; and
WHEREAS, HC is therefore requesting waivers totaling $352,319, which represents 45%
of the total waivable Project fees based on the number of units eligible for such fee waivers; and
WHEREAS, the Project is partially owned by HC, as HC is the sole member of a limited
liability company that has a.009%ownership interest in a limited liability,limited partnership that
owns the Project; and
WHEREAS, the Project fits the definition of a project eligible for fee waivers under the
City Code and Land Use Code as amended by the 2013 Ordinance, and the Intergovernmental
Agreement; and
WHEREAS, City Finance staff has determined that waiver of these fees will not jeopardize
the financial interests of the City or the timely construction of the capital improvements to be
funded by the fees for which the waiver is sought; and
WHEREAS,HC has already paid certain building permit and development review fees,for
the Project, and if the City Council approves the waiver request City staff proposes offsetting the
amount that would be due as a refund to HC against the remaining Project fee amounts still due
from HC; and
WHEREAS, if City Council grants the fee waivers, staff is requesting the appropriation of
292,345 from General Fund reserves and the Community Capital Improvement Fund to cover the
capital improvement expansion fees waived, as follows:
General Fund 179,845
Community Capital Improvement Fund 112,500
Total 292,345
and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to
2-
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
WHEREAS, City staff have determined that the appropriations as.'described herein are
available and previously unappropriated in the various funds.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds that 45% of the Project is intended to
house households with an annual income that does not exceed 30%of the area median income for
the applicable household size in the Fort Collins-Loveland metropolitan statistical area, as
published by HUD.
Section 3. That the City Council further finds that the fee waiver requested by HC will
not jeopardize the financial interests of the City or the timely construction of the capital
improvements to be funded by the fees for which a waiver is sought.
Section 4. That the City Council hereby approves the waiver of$352,319 in fees that
were previously paid to the City or would otherwise be payable to the City upon the issuance of
building permits for the Project, consisting of:
Development Review Fees 17,296
Building Fees 35,922
Capital Improvement Expansion Fees 292,345
Utilities - Stormwater Review Fee 6,756
Total 352,319
Section 5. That there is hereby appropriated for expenditure from reserves in the
General Fund the sum of ONE HUNDRED SEVENTY-NINE THOUSAND EIGHT HUNDRED
FORTY-FIVE DOLLARS ($179,845) to cover a portion of the waived Capital Improvement
Expansion Fees for the Village on Horsetooth Affordable Housing Project.
Section 6. That there is hereby appropriated for expenditure from reserves in the
Community Capital Improvement Fund the sum of ONE HUNDRED TWELVE THOUSAND
FIVE DOLLARS ($112,500) to cover a portion of the waived Capital Improvement Expansion
Fees for the Village on Horsetooth Affordable Housing.
3
y
Introduced, considered favorably on first reading, and ordered published this 7th day of
November, A.D. 2017, and to be presented for final passage on the 21 st day of November, A.D.
2017.
ayvor
ATTEST:
FORTCo
a . ,•.. ......lax
cat SEAL
City Cl, rk
i'eeRpc
Passed and adopted on final reading on the 21 st day of November, A.D. 2017.
ayor
ATTEST:
F fORTCO`
ity erk SEAL :0
oLORao°
4-
Account #:FTC-003160
FORT•COLLINS
STATE OF COLORADO
COUNTY OF LARIMER
ss:AFFIDAVIT OF PUBLICATION
I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same
is a daily newspaper of general circulation and printed and published in the City of Fort Collins,in said
county and state;that the notice or advertisement,of which the annexed isa true copy,has been published in
said daily newspaper for
I Day;
that the notice was published in the regular and entire issue of every number of said newspaper during the
period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof;
that the first publication of said notice was contained in the issue of said newspaper on
Sunday,November 12,2017
that the last publication thereof was contained in the issue of said newspaper on
Sunday,November 12,2017
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at
least six months next prior to the first publication of said notice or advertisement above referred to;that said
newspaper has been admitted to the United States mails as secondclass matter under the provisions of the
Act of March 3,1879,or any amendments thereon and that said newspaper is a daily newspaper duly
qualified for publishing legal notices and advertisements within the meaning of the laws of the State of
Colorado.
Monday,November 13,2017
My Commission expires September 3,2019
Delivered to:
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS,CO 80521
Affidavit Prepared
Monday,November 13,2017
Invoice Text
NOTICE IS HEREBY GIVEN that the Fort Collins Ci~’Council,on’]
Legalcierk —~
Subscribed and sworn to before me,within the County of Larimer,State of Colorado this
LADONNA MARY LAMAR
NOTARY PUBLIC -STATE OF COLORADO
My ldeniUcation #20154035099
Expires Seplember 3,2019
Notary Public
Legal No.0002529861
9:44 am
APPROPRIATING THE FORT
COLLINS SHARE OF THE 2018 FISCAL
YEAR OPERATING AND CAPITAL
IMPROVEMENT FUNDS FOR THE
NORTHERN COLORADO REGIONAL
AIRPORT
ORDINANCE NO 139,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
BEING THE ANNUAL APPROPRIA.
TION ORDINANCE FOR THE FORT
COLLINS DOWNTOWN DEVELOP
MENT AUTHORITY RELATING TO
THE ANNUAL APPROPRIATIONS
FOR THE FISCAL YEAR 2018 AND
FIXING THE MILL LEVY FOR THE
DOWNTOWN DEVELOPMENT AU
THORITY FOR FISCAL YEAR 2018
ORDINANCE NO 140,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING PRIOR YEAR RE
SERVES IN THE TRANSPORTATION
CAPITAL EXPANSION FEE FUND
AND AUTHORIZING THE TRANSFER
OF APPROPRIATIONS FROM THE
TRANSPORTATION CAPITAL EXPAN
SION FEE FUND INTO THE CAPITAL
PROJECT FUND FOR THE LEMAY
AND VINE INTERSECTION PROJ
ECT,AND TRANSFERRING APPRO
PRIATIONS TO THE CULTURAL
SERVICES AND FACILITIES FUND
FOR THE ART IN PUBLIC pLACES’
PROGRAM
ORDINANCE NO 141,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING UNANTICIPATED
GRANT REVENUE IN THE GENERAL
FUND FOR HAIRY WILLOW HERB
AFFECTED LANDS MANAGEMENT
ORDINANCE NO 142,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
WAIVING CERTAIN FEES FOR HOUS
ING CATALYST’S VILLAGE ON
HORSETOOTH AFFORDABLE HOUS
ING PROJECT AND APPROPRIATING
PRIOR YEAR RESERVES IN VARI
OUS CITY FUNDS TO PAY SPECI
FlED FEES
ORDINANCE NO 146,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING ARTICLE 2 OF THE
LAND USE CODE TO ADD SECTION
219 TITLED REASONABLE ACCOM
MODATION PROCESS
ORDINANCE NO 148,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING VARIOUS PROVISIONS
OF THE CODE OF THE CITY OF
FORT COLLINS AND THE LAND USE
CODE TO ALLOW FOR THE DISCRE
TIONARY WAIVER OF CITY FEES
ON ADDITIONAL AFFORDABLE
HOUSING PROJECTS TO BE CON
STRUCTED IN THE CITY
ORDINANCE NO 149,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ANNEXING THE PROPERTY KNOWN
AS THE FOX HILLS SECOND ANNEX’
ATION TO THE CITY OF FORT
COLLINS,COLORADO
ORDINANCE NO,150,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE ZONING MAP OF
THE CITY OF FORT COLLINS AND
CLASSIFYING FOR ZONING PURPOS
ES THE PROPERTY INCLUDED IN
THE FOX HILLS SECOND ANNEXA
TION TO THE CITY OF FORT
COLLINS,COLORADO AND APPROV
ING CORRESPONDING CHANGES TO
THE RESIDENTIAL NEIGHBOR
HOOD SIGN DISTRICT MAP
ORDINANCE NO 151,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ANNEXING THE PROPERTY KNOWN
AS THE 1-25 THIRD ANNEXATION TO
THE CITY OF FORT COLLINS,
COLORADO
ORDINANCE NO 152,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE ZONING MAP OF
THE CITY OF FORT COLLINS AND
CLASSIFYING FOR ZONING PURPOS
ES ‘THE PROPERTY INCLUDED IN
THE 125 THIRD ANNEXATION TO
THE CITY OF FORT COLLINS,
COLORADO AND APPROVING COR
RESPONDING CHANGES TO THE
RESIDENTIAL NEIGHBORHOOD
SIGN DISTRICT MAP
ORDINANCE NO 153,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AUTHORIZING THE CONVEYANCE
OF A PORTION OF CITY PROPERTY
IN THE TRAIL HEAD SUBDIVISION
IN EXCHANGE FOR A PARCEL OF
LAND FROM TRAIL HEAD HOMES,
LLC
ORDINANCE NO 154,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
BEING THE ANNUAL APPROPRIA
TION ORDINANCE RELATING TO
THE ANNUAL APPROPRIATIONS
FOR THE FISCAL YEAR 2018,
AMENDING THE BUDGET FOR THE
FISCAL YEAR BEGINNING JANUARY
1,2010,AND ENDING DECEMBER 31,
2010,AND FIXING THE MILL LEVY
FOR FISCAL YEAR 2018
ORDINANCE NO 155 2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING CHAPTER 26 OF THE
CODE OF THE CITY OF FORT
COLLINS TO REVISE ELECTI~IC
~D
UPDATING RELATED PROVISIONS
ORDINANCE NO 156,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AME?4D1NG CHAPTER 26 OF THE
I CODE OF THE CITY OF FORTCOLLINSTOREVISEWATERRATES,
FEES,AND CHARGES AND UPDAT
ING RELATED PROVISIONS
ORDINANCE NO 157,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING CHAPTER 26 OF THE
CODE OF THE CITY OF FORT
COLLINS TO REVISE WASTEWATER
RATES,FEES.AND CHARGES
The full text of these ordinances con be
found at http flfcgav Com/publicnotiCet
or by Calling the City Clerk’s OffIce at
970-221 6515
2529061Colorodoon
November 12,2017
Account #:FTC-003160
COUNTY OF LARIMER
AFFIDAVIT OF PUBLICATION
I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same
is a daily newspaper of general circulation and printed and published in the City of Fort Collins,in said
county and state;that the notice or advertisement,of which the annexed is a true copy,has been published in
said daily newspaper for
IDay;
that the notice was published in the regular and entire issue of every number of said newspaper during the
period and time of publicatioa of said notice,and in the newspaper proper and not in a supplement thereof;
that the first publication of said notice was contained in the issue of said newspaper on
Sunday,November 26,2017
that the last publication thereof was contained in the issue of said newspaper on
Sunday,November 26,2017
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at
least six months next prior to the first publication of said notice or advertisement above referred to;that said
newspaper has been admitted to the United States mails as second-class matter under the provisions of the
Act of March 3,1879,or any amendments thereof;and that said newspaper is a daily newspaper duly
qualified for publishing legal notices and advertisements within the meaning of the laws of the State of
Colorado.
Monday,November 27,2017
My Commission expires September 3,2019
Delivered to:
CITY OF FC-CLERK-LEGALS
300 LAI’ORTE AVE
FORT COLLINS,CO 80521
Affidavit Prepared
Monday,November 27,2017
9:27 am
FORT’COLLINS
STATE OF COLORADO
Invoice Text
NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on 9
Subscribed and sworn to before me,within the County of Larimer,State of Colorado this
LAOONNA MARY LAMAR
NOTARY PUBI.lC -STATIE OF COLORADO
My ldrnilicatiofl 20154035099
pires September 3,2019
Notary Public
Legal No.0002559372
NOTICE IS HEREBY GIVEN that the
Fort CollIns City Council,on Tuesday,
November 21,2017,passed and adapted
the following ordinances on second
reading.
ORDINANCE NO 138,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ADOPTING THE 2018 BUDGET AND
APPROPRIATING THE FORT
COLLINS SHARE OF THE 2018 FISCAL
YEAR OPERATING AND CAPITAL
IMPROVEMENT FUNDS FOR THE
NORTHERN COLORAOO REGIONAL
AIRPORT
ORDINANCE NO.139,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
BEING THE ANNUAL APPROPRIA
TION OROINANCE FOR THE FORT
COLLINS DOWNTOWN DEVELOP
MENT AUTHORITY RELATING TO
THE ANNUAL APPROPRIATIONS
FOR THE FISCAL YEAR 2018 AND
FIXING THE MILL LEVY FOR THE
DOWNTOWN DEVELOPMENT AU
THORITY
ORDINANCE NO 140,2017
OF THE COUNCIL OF ‘THE CITY OF
FORT COLLINS
APPROPRIATING PRIOR YEAR RE
SERVES IN THE TRANSPORTATION
CAPITAL EXPANSION FEE FUND
AND AUTHORIZING THE TRANSFER
I OF APPROPRIATIONS FROM THE
-Th
TRANSPORTATION CAPITAL EXPAN
SION FEE FUND INTO THE CAPITAL
PROJECT FUND FOR THE LEMAY
AND VINE INTERSECTION PROJ.
ECT,AND TRANSFERRING APPRO
PRIATIONS TO THE CULTURAL
SERVICES AND FACILITIES FUND
FOR THE ART IN PUBLIC PLACES
PROGRAM
ORDINANCE NO 141,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING UNANTICIPATED
GRANT REVENUE IN THE GENERAL
FUND FOR HAIRY WILLOW HERB
AFFECTED LANOS MANAGEMENT
ORDINANCE NO 142,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
WAIVING CERTAIN FEES FOR HOUS
ING CATALYST’S VILLAGE ON
HORSETOOTH AFFORDABLE HOUS
ING PROJECT ANDAPPROPRIATING
PRIOR YEAR RESERVES IN VARI
OUS CITY FUNDS TO PAY SPECI
FIED FEES
ORDINANCE NO 146,2017
OF THE COUNCIL OF THE CITY OF
PORT COLLINS
AMENDING ARTICLE 2 OF THE
LAND USE CODE TO ADD SECTION
219 TITLED “REASONABLE ACCOM
MO~A19ON PROCESS”
“ORDINANCE NO 148,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING VARIOUS PROVISIONS
OF THE CODE OF THE CITY OF
FORT COLLINS AND THE LAND USE
CODE TO ALLOW FOR THE DISCRE
TIONARY WAIVER OF CITY FEES
ON ADDITIONAL AFFORDABLE
HOUSING PROJECTS TO BE CON
STRUCTED IN THE CITY
ORDINANCE NO 149,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ANNEXING THE PROPERTY KNOWN
AS THE FOX HILLS SECOND ANNEX
ATION TO THE CITY OF FORT
COLLINS,COLORADO
OROINANCE NO,150,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE ZONING MAP OF
THE CITY OF FORT COLLINS AND
CLASSIFYING FOR ZONING PURPOS
ES THE PROPERTY INCLUDED IN
THE FOX HILLS SECOND ANNEXA
TION TO THE CITY OF FORT
COLLINS,COLORADO AND APPROV
ING CORRESPONDING CHANGES TO
THE RESIDENTIAL NEIGHBOR
HOOD SIGN DISTRICT MAP
ORDINANCE NO 151,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ANNEXING THE PROPERTY KNOWN
AS THE 1-25 THIRD ANNEXATION TO
THE CITY OF FORT COLLINS,
COLORADO
ORDINANCE NO 152,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE ZONING MAP OF
THE CITY OF FORT COLLINS AND
CLASSIFYING FOR ZONING PURPOS
ES THE PROPERTY INCLUDEDJN
THE 25 THIRD ANNEXATION TO
THE CITY OF FORT COLLINS,
COLORADO AND APPROVING COR
RESPONDING CHANGES TO THE
RESIDENTIAL NEIGHBORHOOD
SIGN DISTRICT MAP
ORDINANCE NO 153,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AUTHORIZING THE CONVEYANCE
OF A PORTION OF CITY PROPERTY
IN THE TRAIL HEAD SUBDIVISION
IN EXCHANGE FOR A PARCEL OF
LAND FROM TRAIL HEAD HOMES,
LLC
ORDINANCE NO 154,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
BEING THE ANNUAL APPROPRIA
TION ORDINANCE RELATING TO
THE ANNUAL APPROPRIATIO~gS
FOR THE FISCAL YEAR 2818,
AMENDING THE BUDGET FOR THE
FISCAL YEAR BEGINNING JANUARY
1,2018,AND ENDING DECEMBER 31,
2018,AND FIXING THE MILL LEVY
FOR PROPERTY TAXES PAYABLE
IN 2010
ORDINANCE NO 155,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING CHAPTER 26 OF THE1
CODE OF THE CITY OF FORT
COLLINS TO REVISE ELECTRIC
RATES,FEES,AND CHARGES,AND
UPDATING RELATED PROVISIONS
ORDINANCE NO 156,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING CHAPTER 26 OF THE
CODE OF THE CITY OF FORT
COLLINS TO REVISE WATER RATES,
FEES,AND CHARGES AND UPDAT
ING RELATED PROVISIONS
ORDINANCE NO 157,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING CHAPTER 26 OF THE
CODE OF THE CITY OF FORT
COLLINS TO REVISE WASTEWATER
RATES,FEES,AND CHARGES
The full text at these ard,nonces con be
found at http //fcgov comfpublicnotices
or by Calling the City Clerk’s OffIce at
970-221-6515
2559372
Colarodoon
November 26,2017