File #: Res 2023-063    Version: 2 Name:
Type: Resolution Status: Passed
File created: 5/3/2023 In control: City Council
On agenda: 10/2/2023 Final action: 10/2/2023
Title: A RESOLUTION APPROVING THE SOUTH PLATTE CROSSING AFFORDABLE HOUSING DEVELOPMENT FUNDING ASSISTANCE AGREEMENT BETWEEN THE CITY OF COMMERCE CITY AND 72 COLORADO LLC
Attachments: 1. Council Communication, 2. Resolution 2023-063, 3. Exhibit A to Resolution 2023-063, 4. Exhibit B to Agreement, 5. Exhibit A to Agreement, 6. Developer Presentation, 7. South Platte Crossing Letter to Commerce City - August, 8. South Platte Crossing Affordable Housing Agreement - May, 9. South Platte Crossing Affordable Housing Assistance Agreement - Comparison Version
Title
A RESOLUTION APPROVING THE SOUTH PLATTE CROSSING AFFORDABLE HOUSING DEVELOPMENT FUNDING ASSISTANCE AGREEMENT BETWEEN THE CITY OF COMMERCE CITY AND 72 COLORADO LLC

Body
Summary and Background Information:
The South Platte Crossing Development's vision is to provide residents with transit-oriented affordable housing located near 72nd Avenue and Colorado Boulevard. The project will include 60 units, comprised of studio to three-bedroom apartments, and a variety of rental price points targeted for a variety of income levels. The proposed development will help address housing affordability needs for residents of Commerce City. The affordability breakdown for the 60 units is as follows:

•8 units at 30%AMI
•12 units at 40%AMI
•22 units at 50%AMI
•6 units at 70%AMI
•12 units at 80%AMI

The development of affordable housing requires a variety of funding sources to bring such projects to fruition. The developer has already received the competitive 9 percent Low-Income Housing Tax Credits (LIHTC) through the Colorado Housing and Finance Authority (CHFA). An award of 9 percent LIHTC will provide approximately $12.4 million in equity to develop the project. Other project funding sources include a CHFA permanent loan and grant, Colorado Department of Housing (DOH) funding, and a deferred developer fee. With this variety of funding sources, the project still has a $750,000 gap. Council previously provided general support to help address the project gap, and directed staff to negotiate the terms of an affordable housing agreement with the developer.

The agreement drafted includes reimbursement terms for the building permit and building plan review fees, as well as reimbursement of the City's non-dedicated sales and/or use taxes (at the 3.5% rate) payable and remitted to the City in connection with the Development. These terms are consistent with past affordable housing agreements. In addition, the agreement includes several new terms that are designed to hold the ...

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