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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 1 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. 2 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. OPCo Mr ATTEST: SEAL o: City Clerk Passed and adopted on final reading on the 4th day of February, A.D. 2014. yo1 r ATTEST: y aF.FGRT City Clerk r.% . •' EOP,ADO• - 3 -