Proposed Resolution - 7/13/2023
RESOLUTION NO. _____ OF 2023
Authorizing Impact Fee and Permit Fee Waivers and Refunds
for Ivory University House L3C
WHEREAS, the Salt Lake City Department of Community and Neighborhoods has
proposed the waiver and refund of certain permit and impact fees (the “Fee Waiver”) paid by the
Ivory University House L3C, a low-profit limited liability company (“University House”); and
WHEREAS, University House is developing a student housing project at 434 South
Mario Capecchi Drive (the “Project”); and
WHEREAS, the Project will offer 465 units for 621 University of Utah students with a
maximum rent per bed at or below 30% of the monthly income limit set by the Department of
Housing and Urban Development for a single person household of 80% area median income
(“AMI”) or below; and
WHEREAS, all profits from the Project will be donated to a new scholarship fund at the
University of Utah, with priority given to students with the most financial need, and if the Fee
Waiver is granted, then University House will pledge scholarships for Salt Lake City residents in
the amount of the Fee Waiver over a period of ten years; and
WHEREAS, the Project provides rent rates at or below 80% AMI and significant public
benefits but does not meet the City code requirements to waive permit fees or impact fees for
affordable housing because University House is legally a for-profit entity and the Project is not
income restricted as the residents will be students; and
WHEREAS, Utah Code section 10-8-2 states that municipalities may appropriate funds
for “corporate purposes only,” and those purposes are, in the judgment of the municipal
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legislative body, any purpose that “provides for the safety, health, prosperity, moral well-being,
peace, order, comfort, or convenience of the inhabitants of the city.” Utah Code § 10-8-2(3); and
WHEREAS, Utah Code Section 10-8-2(3)(e) allows public entities to provide
nonmonetary assistance and waive fees to for-profit entities after a public hearing and conducting
a study to consider intangible benefits received by the municipality in determining net value
received for the appropriation; and
WHEREAS, the City performed an analysis (the “Analysis”) of the public benefits of
providing the Fee Waiver to University House, which Analysis was included in the transmittal to
the City Council before the public hearing; and
WHEREAS, the City Council has, following the giving of not less than 14 days public
notice, conducted a public hearing relating to the foregoing, in satisfaction of the requirements of
Utah Code Section 10-8-2; and
WHEREAS, the City Council has reviewed the Analysis, and has fully considered the
conclusions set forth therein and all comments made during the public hearing;
THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah, as
follows:
1. The City Council hereby adopts the conclusions set forth in the Analysis, and
hereby finds and determines that, for all the reasons set forth in the Analysis, the Fee Waiver is
appropriate under these circumstances.
2. The City Council hereby authorizes the City administration to waive and refund the
fees consistent with this Resolution and incorporating such other terms and agreements as
recommended by the City Attorney’s office.
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Passed by the City Council of Salt Lake City, Utah, this _____ day of ________ 2023.
SALT LAKE CITY COUNCIL
By: ______________________
CHAIRPERSON
ATTEST:
____________________________
CITY RECORDER
APPROVED AS TO FORM:
Salt Lake City Attorney’s Office
___________________________
Kimberly Chytraus, Senior City Attorney
Date: ______________________ June 5, 2023