HomeMy WebLinkAboutResolution 5347-02-2021 A Resolution
NO.5347-02-2021
SUPPORTING A HOUSING TAX CREDIT APPLICATION FOR CLIFTON RIVERSIDE,
COMMITTING DEVELOPMENT FUNDING,DETERMINING THAT CLIFTON RIVERSIDE
CONTRIBUTES MORE THAN ANY OTHER DEVELOPMENT TO THE CITY'S
CONCERTED REVITALIZATION EFFORTS IN NEIGHBORHOOD EMPOWERMENT
ZONE AREA FOUR,AND ACKNOWLEDGING THAT CLIFTON RIVERSIDE IS LOCATED
ONE LINEAR MILE OR LESS FROM A DEVELOPMENT THAT SERVES THE SAME
TARGET POPULATION
WHEREAS,the City's 2020 Comprehensive Plan is supportive of the preservation,improvement,
and development of quality,affordable,accessible housing;
WHEREAS, the City's 2018-2022 Consolidated Plan makes the development of quality,
affordable,accessible rental housing units for low income residents of the City a high priority;
WHEREAS, Clifton Riverside, LLC, an affiliate of Saigebrook Development, LLC and O-SDA
Industries, LLC, has proposed a development for affordable multifamily rental housing named Clifton
Riverside to be located at 2406 and 2412 East Belknap Street in the City of Fort Worth;
WHEREAS, Clifton Riverside, LLC has advised the City that it intends to submit an application
to the Texas Department of Housing and Community Affairs ("TDHCA") for 2021 Competitive (9%)
Housing Tax Credits for the Clifton Riverside, a new complex consisting of approximately 97 units, of
which at least ten percent (10%) of the total units will be set aside for households earning at or below
30%Area Median Income and at least ten percent(10%) of the total units will be market rate units;
WHEREAS,TDHCA's 2021 Qualified Allocation Plan("QAP")provides that an application for
Housing Tax Credits may receive seventeen (17) points for a resolution of support from the governing
body of the jurisdiction in which the proposed development site is located;
WHEREAS,the QAP also states that an application may receive one(1)point for a commitment
of development funding from the city in which the proposed development site is located;
WHEREAS, the QAP also provides that an application may qualify for an additional two (2)
points if a development is explicitly identified in a resolution as "contributing more than any other to the
concerted revitalization efforts"of a municipality;
WHEREAS,the City created Neighborhood Empowerment Zones ("NEZ")beginning in 2001 in
accordance with Chapter 378 of the Texas Local Government Code in order to promote affordable housing
and economic development in the designated zones. The City consolidated its 20 NEZs into (6)NEZs in
January 2019 (M&C G-19469). All of the City's NEZs are included in the City's annual Comprehensive
Plan as part of its goal of revitalizing central city neighborhoods and commercial districts (2020
Comprehensive Plan,Part II,Chapter 5:Housing);
WHEREAS,the Clifton Riverside will be located in NEZ Area Four;
WHEREAS, the City has determined that the application for Clifton Riverside submitted to
TDHCA by Clifton Riverside, LLC qualifies as the development contributing more than any other to the
concerted revitalization efforts of the City in NEZ Area Four; and
WHEREAS, section 10 TAC §11.3(d) of the QAP states that the Governing Body of the
appropriate municipality where the Development is to be located must by vote specifically allow the
construction of a new development located within one linear mile or less from a development which serves
the same target population.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
The City of Fort Worth, acting through its City Council, hereby confirms that it supports the
application of Clifton Riverside, LLC to the Texas Department of Housing and Community Affairs for
2021 Competitive (9%)Housing Tax Credits for the purpose of the development of the Clifton Riverside
apartments to be located at 2406 and 2412 East Belknap Street(TDHCA Application No.21078),and that
this formal action has been taken to put on record the opinion expressed by the City Council of the City
of Fort Worth.
The City of Fort Worth, acting through its City Council, additionally confirms that it will commit
to fee waivers in an amount not exceed$2,500.00 to Clifton Riverside, LLC conditioned upon its receipt
of Housing Tax Credits. The City Council also finds that the waiver of such fees serves the public purpose
of providing quality,accessible,affordable housing to low and moderate income households in accordance
with the City's Comprehensive Plan and Action Plan, and that adequate controls are in place through the
City's Neighborhood Services Department to carry out such public purpose.
The City of Fort Worth, acting through its City Council, hereby identifies Clifton Riverside
(TDHCA Application No. 21078)as the development in the 2021 Competitive(9%)Housing Tax Credit
Application round that contributes more than any other to the concerted revitalization efforts of the City
in Neighborhood Empowerment Zone Area Four, and that this formal action has been taken to put on
record the opinion expressed by the City Council of the City of Fort Worth.
The City of Fort Worth acknowledges that Clifton Riverside is located one linear mile or less from
a development that serves the same target population as the proposed Clifton Riverside and has received
an allocation of Housing Tax Credits for new construction and adaptive reuse, and this formal action has
been taken to put on record the opinion expressed by the City Council of the City of Fort Worth to
authorize the Development to move forward.
The City of Fort Worth, acting through its City Council, further confirms that the City has not first
received any funding for this purpose from the applicant, affiliates of the applicant, consultant, general
contractor or guarantor of the proposed development or any party associated in any way with the applicant,
Clifton Riverside,LLC
Adopted this 23rd day of February 2021.
ATTEST:
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Mary J.Kayser, City Secretary
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 02/16/21 M&C FILE NUMBER: M&C 21-0115
LOG NAME: 192021HTC
SUBJECT
(CD 2,3,5,8 and 9)Consider and Adopt Resolutions of Support and Resolutions of No Objection for 2021 Competitive Housing Tax Credit
Applications,Approve Commitments of Development Funding,Determine which Developments Contribute More than any Others to the City's
Concerted Revitalization Efforts,Acknowledge the One Mile Three Year Rule and Make Related Determinations
RECOMMENDATION:
It is recommended that the City Council:
1. Acknowledge the receipt of requests for City support for applications to the Texas Department of Housing and Community Affairs for 2021
Competitive(9%)Housing Tax Credits from various developers;
2. Consider and adopt the attached Resolutions of Support and Resolutions of No Objection for 2021 applications for Competitive(9%)
Housing Tax Credits for the multifamily housing developments listed below to be located at various sites throughout the City;
3. Approve fee waivers in an amount not to exceed$2,500.00 as the City's commitment of development funding for each of the developments
that receive a Resolution of Support,find that the fee waivers for these developments serve the public purpose of providing quality,
accessible,affordable housing for low to moderate income households in accordance with the City's Comprehensive Plan and Annual Action
Plan,and find that adequate controls are in place through the Neighborhood Services Department to cant'out such public purpose;
4. Determine that Retta Street Lofts,Crossroads Apartments,Clifton Riverside,Magnolia Lofts,Hughes House,and Renaissance Square III
are the developments that contribute more than any others to the City's concerted revitalization efforts either in an Urban Village,a Tax
Increment Financing District,a Neighborhood Empowerment Zone,a distinct area within a Neighborhood Empowerment Zone with a
Strategic Plan,or an adopted Transformation Plan;
5. Acknowledge that the Crossroads Apartments and Hughes House are each located in a census tract with a poverty rate above 40 percent
for individuals,and authorize these developments to move forward with their applications for tax credits;
6. Acknowledge that Crossroads Apartments and Clifton Riverside are each located one linear mile or less from developments that serve the
same target population and which received an allocation of Housing Tax Credits for new construction and adaptive reuse;and
7. Acknowledge that Renaissance Square III is located in a census tract that has more than 20 percent Housing Tax Credits units per total
households,and authorize this development to move forward with its application for tax credits.
DISCUSSION:
On November 17,2020,the City Council adopted a policy for City support of applications to the Texas Department of Housing and Community
Affairs(TDHCA)for Noncompetitive(4%)and Competitive(9%)Housing Tax Credits and for City commitments of development funding(M&C 20-
0847). This year the City received twelve applications from developers requesting Resolutions of Support for proposed 9%tax credit
developments in Fort Worth. Two applications were withdrawn for consideration,and one application did not meet the policy to receive a
resolution of support. Additionally,since the Work Session briefing on February 2,the Sarita on Alston has withdrawn their application for a
resolution of support. Staff has reviewed the applications for consistency with the City's policy.
Resolutions of Support:
Staff requests that the City Council consider and adopt Resolutions of Support for the following developments as they have met the unit set aside
criteria and notification requirements outlined in the City's policy.Additionally,all of these developments are located in close proximity to jobs,
retail,transit and services.
Resolutions of Support.Local Development Funding,Concerted Revitalization Plan:
The following developments are also recommended to receive local Commitments of Development Funding and are the ones that contribute more
than any other to the City's Concerted Revitalization Plans:
• Retta Street Lofts to be developed by CSH Retta Street Lofts,Ltd.,an affiliate of Brompton Community Housing Development Corporation,
to be located at 2904 East Belknap Street(Council District 9).The site for the proposed development is zoned"MU-1"-Low Intensity Mixed-
Use,proposed to be changed to"UR"-Urban Residential if a single use is not allowed. The proposed development will not be tax exempt.
• Crossroads Apartments to be developed by Crossroads Apartments,LP,an affiliate of Union Gospel Mission of Tarrant County,and to be
located at 1105 East Lancaster(Council District 8). The site for the proposed development is zoned"MU-2"-High Intensity Mixed-Use. The
proposed development will not be tax exempt.
• Clifton Riverside to be developed by Clifton Riverside,LLC,an affiliate of Saigebrook Development,LLC and O-SDA Industries,LLC,
and to be located at 2406 and 2412 East Belknap Street(Council District 8). The site for the proposed development is zoned"MU-2"-High
Intensity Mixed-Use. The proposed development will not be tax exempt.
• Magnolia Lofts to be developed by Magnolia Lofts Ltd.,an affiliate of The NRP Group,to be located at 300 East Magnolia Avenue(Council
District 8).The site for the proposed development is zoned"NS"—Near Southside. The proposed development will be exempt from
property taxes.
• Hughes House to be developed by FW Hughes House,LP,an affiliate of Fort Worth Housing Solutions,to be located at 4830 and 4908
East Rosedale Street(Council District 5). The site for the proposed development is zoned"PD"-Planned Development. The proposed
development will be exempt from property taxes.
• Renaissance Square III to be developed by Columbia Renaissance Square III,LP,an affiliate of Columbia Residential and to be located at
2757 Moresby Street(Council District 8). The site for the proposed development is zoned"PD"-Planned Development.The proposed
development will not be tax exempt.
Resolution of Support and Local Develoument Funding:
The following developments are also recommended to receive local Commitments of Development Funding:
• Parmore Plaza Pk vvy to be developed by Parmore Plaza Pkwy,LP,an affiliate of JPI,to be located at the northeast comer of Plaza
Parkway and Lands End Boulevard(Council District 3).The site for the proposed development is zoned"MU-1"—Low Intensity Mixed-Use.
The proposed development will not be tax exempt.
• Peak Street Lofts to be developed by CSH Peak Street Lofts,Ltd.,an affiliate of Brompton Community Housing Development Corporation,
to be located at 2510 Decatur Avenue(Council District 2). The site for the proposed development is zoned"J"-Medium Industrial,
proposed to be changed to"UR"-Urban Residential. The proposed development will not be tax exempt.
Commitment of Development Funding_
The policy allows a local commitment of development funding at City Council discretion.This commitment of development funding qualifies tax
credit applicants for an additional point and increases the competitiveness of their applications to TDHCA.Staff requests that City Council
approve commitments of development funding in the form of fee waivers in an amount not to exceed$2,500.00 for each development
recommended for a Resolution of Support.The fee waiver amount may be applied to(a)building permit related fees(including Plan Reviews,
Inspections and Re-inspection Fees);(b)Plat/Replat Application Fees;(c)Board of Adjustment Application Fees;(d)Demolition Fees;(e)
Structure Moving Fees;(f)Zoning Fees;(g)Street/Alley and Utility Easement Vacation Application Fees;(h)Temporary Encroachment Fees;(i)
Consent/Encroachment Agreement Application Fees;Q)Urban Forestry Application Fees;(k)Sign Permit Fees;(1)Community Facilities
Agreement(CFA)Application Fees;and(m)Street Closure Fees.
Fee waivers will be conditioned upon the development receiving an award of tax credits from TDHCA.The City's Neighborhood Services
Department will be responsible for verifying that the public purpose for the fee waivers is carried out. Upon approval,permitting and related fees
will be waived in an amount up to$2,500.00 to assist in facilitating the goals of the City's Comprehensive Plan and Annual Action Plan.
Concerted Revitalization Plan:
TDHCA rules state that an application may receive additional points if the proposed development is identified in a resolution as contributing more
than any other development to a city or county's concerted revitalization efforts.The City has created Urban Villages to help promote central city
revitalization.They are districts which are more compact,contain a greater mix of land uses,and give greater emphasis to pedestrian and transit
access. The City has created 12 Tax Increment Financing zones(TIFs)as authorized by the Texas Tax Code. TIFs allow local governments to
publicly finance needed structural improvements and enhanced infrastructure within defined areas. The City's Neighborhood Empowerment Zones
(NEZs)were created to promote affordable housing and economic development in the designated zone.Four NEZs have adopted Strategic Plans
for certain distinct areas located in the larger NEZ to guide the rebuilding neighborhoods with compatible quality infill housing and appropriate
mixed-use development in commercial areas.The City Council adopted the Cavile Place/Historic Stop Six Transformation Plan in 2014. The
City's Transformation Plans are comprehensive strategies to revitalize specific areas or neighborhoods.All of the City's Urban Villages,TIFs,
NEZs,and Transformation Plans are included in the City's annual Comprehensive Plan as part of its goal of revitalizing central city neighborhoods
and commercial districts(2020 Comprehensive Plan,Part II,Chapter 5: Housing,and Part III,Chapter 10:Economic Development). The Cavile
Place/Historic Stop Six Transformation Plan is located in Appendix A of the Comprehensive Plan.
The Retta Street Lofts,Crossroads Apartments,Clifton Riverside,Magnolia Lofts,Hughes House,and Renaissance Square III are developments
located either in an Urban Village,a TIF,or a NEZ created by City Council,a distinct area within a NEZ with a Strategic Plan,or an area that has
an adopted Transformation Plan.Staff determined that these developments will significantly contribute to the City's ongoing revitalization efforts in
each of the Urban Villages,TIFs,NEZs,or Transformation Plan areas in which they will be located since the recommended developments are new
affordable housing for households earning at or below 80 percent of Area Median Income.In addition,the increased density of this new housing
will support the new retail,office and other housing development located or being developed in each Urban Village,TIF,NEZ,or Transformation
Plan area.Staff recommends that the City Council adopt the attached Resolutions determining that the Retta Street Lofts,Crossroads Apartments,
Clifton Riverside,Magnolia Lofts,Hughes House,and Renaissance Square III are developments that contribute more than any other developments
to the City's concerted revitalization efforts underway in the Urban Villages,TIFs,NEZs,or Transformation Plan areas in which they are located.
Limitations on Developments With Certain Neighborhood Risk Factors:
TDHCA rules state that if a proposed development will be located in a census tract with a poverty rate above 40 percent for individuals,the
governing body of the appropriate jurisdiction must acknowledge the high poverty rate and authorize the development to move forward with its
application for tax credits.
The Crossroads Apartments and Hughes House will each be located in a census tract with a poverty rate above 40 percent for individuals.Staff
recommends that City Council vote to acknowledge the high poverty rate and authorize both of these developments to move forward with their tax
credit applications.
Additionally,TDHCA rules state that if a proposed development will be located in a census tract with more than 20 percent Housing Tax Credit
units per total households as established by the five year American Community Survey,it will be ineligible for tax credits unless the governing body
of the jurisdiction votes to specifically allow it and also submits a Resolution to TDHCA stating that the proposed development is consistent with
the jurisdiction's federal obligation to affirmatively further fair housing.
Renaissance Square III will be located in a census tract in which more than 20 percent of the total households are Housing Tax Credit units.Staff
recommends that City Council vote to specifically allow this development and approve the additional determination in the attached Resolution of
Support that it is consistent with the City's obligation to affirmatively further fair housing.
One Year Three Mile Rule
The Clifton Riverside and Crossroads Apartments are each located one linear mile or less from developments that serve the same target
population and which received an allocation of Housing Tax Credits for new construction and adaptive reuse. The governing body of the
municipality where the proposed development is to be located must specifically vote to allow the construction of a new development that is within
one linear mile or less from a development that serves the same target population.
These proposed developments are subject to all applicable City laws,ordinances,policies and procedures including those pertaining to zoning
changes and annexation.Council member support for purposes of approving these Resolutions does not constitute approval of any required
zoning change or annexation.
The proposed developments are located in COUNCIL DISTRICTS 2,3,5,8 and 9.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of these recommendations will have no material effect on City funds.
Submitted for City Manager's Office by: Fernando Costa 6122
Originating Business Unit Head: Victor Turner 8187
Additional Information Contact: Chad LaRoque 2661