HomeMy WebLinkAbout014 - 02/04/2014 - WAIVING CERTAIN FEES FOR FORT COLLINS HOUSING AUTHORITY'S REDTAIL PONDS PERMANENT SUPPORTIVE HOUSING i
ORDINANCE NO. 014, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
WAIVING CERTAIN FEES FOR FORT COLLINS HOUSING AUTHORITY'S REDTAIL
PONDS PERMANENT SUPPORTIVE HOUSING PROJECT AND APPROPRIATING
GENERAL FUND RESERVES TO PAY SPECIFIED FEES
WHEREAS, the Fort Collins Housing Authority ("FCHA") was formed. by the City
Council in 1970 pursuant to the authority contained in C.R.S.§ 29-4-101, et seq., 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 C.R.S. § 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. 37, 2013 (the
"2013 Ordinance"), which made amendments to the City Code and Land Use Code limiting the
types of projects for which FCHA 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 FCHA documenting FCHA'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, FCHA is seeking the waiver of certain development and capital
improvement expansion fees for the Redtail Ponds permanent supportive affordable housing
project, a proposed mixed-income 60-unit development designed as permanent supportive
housing to meet the needs of homeless individuals with disabilities, homeless veterans, and other
low-income individuals (the "Project"); and
WHEREAS, FCHA is requesting waivers equal to 66% of the total fees for the Project
because 40 of the 60 units are eligible for such fee waivers; 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
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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 ty the Department
of Housing and Urban Development (HUD), or 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; 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
WHEREAS, the Project would be partially owned by FCHA, as FCHA is the sole
member of a limited liability company that has a 1% ownership interest in a limited liability,
limited partnership that will own 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 staff has determined that the requested fee 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 the waiver is sought; and
WHEREAS, the Project also addresses Priority #1 in the Fort Collins Affordable Housing
Strategic Plan, which is to increase the inventory of affordable rental housing units, and Priority
#3, which is to increase housing and facilities for people with special needs; and
WHEREAS, if City Council grants the fee waivers, FCHA is requesting the appropriation
of $233,780 from General Fund reserves to cover the Capital Improvement Expansion Fee
revenue waived; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to
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.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby finds that the Project is intended to house
homeless or disabled persons, as such terms are defined ty the Department of Housing and Urban
Development (HUD), or 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 2. That the City Council further finds that the fee waiver requested by FCHA
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.
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Section 3. That the City Council hereby approves the waiver of$274,199 in fees that
would otherwise be payable to the City upon the issuance of building permits for the Project,
consisting of:
Development Review Fees $ 13,230
Building Permit Fees 26,383
Capital Improvement Expansion Fees 233,780
Storm Drainage Dev. Review Fees 806
Total .$274,199
Section 4. That there is hereby appropriated for expenditure from reserves in the
General Fund the sum of TWO HUNDRED THIRTY THREE THOUSAND SEVEN
HUNDRED EIGHTY ONE DOLLARS ($233,781) to cover the approved, waived Capital
Improvement Expansion Fees for the Redtail Ponds Permanent Supportive Housing Project.
Introduced, considered favorably on first reading, and ordered published this 21st day of
January, A.D. 2014, and to be presented for final passage on the 4th day of February, A.D. 2014.
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ATTEST: SEAL
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City Clerk
Passed and adopted on final reading on the 4th day of February, A.D. 2014.
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City Clerk
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