HomeMy WebLinkAbout101-04RESOLUTION NO. 101-2004
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AFFORDABLE
HOUSING AGREEMENT FOR THE FOR-RENT BELOW MARKET RATE
UNITS REQUIRED TO BE ESTABLISHED FOR THE SENIOR APARTMENT
PROJECT TO BE DEVELOPED UNDER FINAL DEVELOPMENT PLAN
REQUEST DP 2003-01 WILLOW GLEN SENIOR APARTMENTS -
STORER/MORRIS DEVELOPERS (101! HARTZ WAY)
WHEREAS, June 10, 2003, the Danville Planning Commission adopted Resolution
No. 2003-14, approving Final Development Plan request DP 2003-01 authorizing the
construction of a 22-unit senior apartment project at 1011 Hartz Way (being further
identified as APN# 216-102-007); and
WHEREAS, the multiple family residential project was approved with a density
bonus, allowing a project density of 39+/- units per acre, reflecting a density bonus
of 77%+ over the base-line allowable density for the property; and
WHEREAS, by way of receiving a density bonus of greater than 30%, the project
developer is required to enter into an agreement with the Town of Danville assuring
the affordability the units developed in the project for a minimum period of 30
years; and
WHEREAS, the project approval requires the provision of either one very low-
income unit or, at the applicant's option, two low-income units; and
WHEREAS, the project approval further requires the provision of six units reserved
for developmentally disabled tenants (with a Town acknowledgement that, as may
be affected by state and/or federal housing requirements, these six units may be
occupied by either developmentally disabled te~nants or senior tenants) - with these
six units eligible to serve as the project's required very low-income unit or two low-
income units; and
WHEREAS, the project approval further requires that all remaining units in the
project be provided as senior moderate-income units; and
WHEREAS, the project developer is required to execute an Affordable Housing
Agreement ("Agreement") with the Town of Danville regulating the use and
occupancy units in the project; and
WHEREAS, promoting the development of affordable housing within the Town of
Danville is a goal of the Danville Housing Element; and
WHEREAS, the applicant has provided project pro-forma information indicating
that project costs associated with the development of the 22-unit affordable senior
apartment project makes the project economically unfeasible without Town
approval of an additional development incentive, above and beyond the 77%+
density bonus development incentive already granted to the applicant; and
WHEREAS, the applicant's request for an additional development incentive is
consistent with the intent and requirements of the Density Bonus for Affordable
Residential and/or Senior Citizen Developments Ordinance wherein Section 32-74.7
indicates that an applicant may request a modification to applicable development
standards where such waiver or modification is necessary to make the provision of
restricted occupancy units economically feasible; and
WHEREAS, project pro-forma information was supplied by the applicant in
conjunction with his request that the Town either authorize delayed payment or
structured payments to the Town of all Town controlled impact and processing fees
associated with the project; and
WHEREAS, Town controlled impact and processing fees total approximately
$157,000.00; and
WHEREAS, the Town Council reviewed the Agreement prepared for the project
and the request for an additional development incentive on September 7, 2004; and
WHEREAS, a staff report was submitted recommending that the Town Council
approve the agreement for the affordable housing unit in the Willow Glen Senior
Apartment project and that the Council further approve an additional development
incentive; now, therefore, be it
RESOLVED, that the Danville Town Council hereby finds that the agreement
regulating the occupancy, sale and resale for the affordable housing unit in the
Willow Glen Senior Apartment project is consistent with the project approval
granted under DP 2003-01, is consistent with the intent and requirements of the
Town's Inclusionary Housing Ordinance, is consistent with the intent and
requirements of the Town's Density Bonus for Affordable Residential and/or Senior
Citizen Developments Ordinance, and is consistent with the goals and policies set
forth the Danville Housing Element Update of the Danville 2010 General Plan; and,
be it further
PAGE 2 OF RESOLUTION NO. 101-2004
RESOLVED, that the Danville Town Council hereby authorizes the Town Manager
to execute a promissory note allowing either delayed payment or structure payment
of Town Controlled impact and processing fees (with final no-interest payments to
be received no later than five years after the initial occupancy in the project; and
RESOLVED, that the Danville Town Council hereby authorizes the Town Manager
to execute the Affordable Housing Agreement with the developer of the Willow
Glen Senior Apartment senior apartment project in the form as submitted to the City
Clerk, together with such changes as may hereafter become necessary, provided
such changes do not materially increase the obligations of the Town.
APPROVED by the Danville Town Council at a regular meeting on September 7,
2004 by the following vote:
AYES: Arnerich,
NOES: None
ABSTAIN: None
ABSENT: None
Doyle, Andersen,
Shimansky, Stepper
MAYOR °t' -w- -
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 3 OF RESOLUTION NO. 101-2004