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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