HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/06/1999 - SECOND READING OF ORDINANCE NO. 65, 1999, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 20
DATE: May 4, 1999
FORT COLLINS CITY COUNCIL STAFF:
John Fischbach
SUBJECT :
Second Reading of Ordinance No. 65, 1999, Amending Resolution 96-73 and Amending Chapter
7.5, Article III of the City Code, so as to Exempt Any Housing Authority Established Pursuant to
State Statute from the City's Requirement to Dedicate Land for School Site Purposes or Pay a Fee
in Lieu of Such Dedication.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY:
Colorado law exempts projects of housing authorities from the payment of any fees and taxes.
Historically,the City of Fort Collins has enumerated,by resolution,the fees from which the Housing
Authority is exempt. In April of 1998, the Council enacted, pursuant to intergovernmental
agreements with the Poudre School District and the Thompson R2-J School District, a requirement
that the developers of all new residential development in the City dedicate school sites or pay a fee
in lieu of such dedication. Ordinance No. 65, 1999,was unanimously adopted on First Reading on
April 20, 1999.
AGENDA ITEM SUMMARY ITEM NUMBER: 27 A-B
DATE: April20, 1999
FORT COLLINS CITY COUNCIL STAFF: John Fischbach
! SUBJECT:
Items Relating to an Exemption for Housing Authorities from the City's Requirement of Land
Dedication or Payments of In-Lieu Fee for School Site Purposes.
RECOMMENDATION: x: ""r a
Staff recommends adoption offfie Resolution and the Ordin n First Reading.
EXECUTIVE SUMMARY:
A. Resolution 99-44 Approving an Addendum to Two Intergovernmental Agreements
Concerning Land Dedicationslor In-Lieu eesfar %ool-Sjte Purposes.
B. First Reading of Ordinance No"�65, 1R 9, etesolution 96-73 and Amending
Chapter 7.5,Article III A�the,City Codeg as to ExemptitiAny Housing Authority Established
Pursuant to State Statute from the City's Requirement to Dedicate Land for School Site
Purposes or Pay a Fee in Lieu of Such Dedication.
Colorado law exempts projects of housing authorities from the payment of any fees and taxes.
Historically,the City of Fort Collins has enumerated,by resolution,the fees from which the Housing
Authority is exempt. In April of 1998, the Council enacted, pursuant to intergovernmental
agreements with the Poudre School District and the Thompson R24 School District,a requirement
that the developers of all new residential development in the City dedicate school sites or pay a fee
in lieu of such dedication. Th urpose of*the eso do and Orro nance is to exempt the projects
of any Housing Authority fro these reuirements. Ordance would also reiterate the list of
fees from which the Housing - tho 'ty i exempt and add the Ae in lieu of school site dedication.
BACKGROUND:
In April of 1998,the City entered into agreements with the Poudre School District and the Thompson
R24 School District whereby the City agreed to require all new residential development in the City
to dedicate land for future school sites or,in lieu of such dedication,pay a fee to fund the acquisition
and development of such sites and the planning of capital facilities to be developed thereon. By state
statute,housing authorities in the state are exempt from the payment of fees and taxes,although they
are subject to the planning and zoning laws of local municipalities. Because the provision of
41 affordable housing by housing authorities serves an important public purpose,staff is recommending
that projects of any Housing Authority within the City be made exempt from the dedication and fee
requirements which were codified pursuant to the 1998 agreements with the school districts.
DATE: April 20, 1999 2 ITEM NUMBER: 27 A-B
Resolution 99-44 would approve an addendum to the two intergovernmental agreements which
would allow for this exemption.
Ordinance No. 65, 1999 would amend Article III of Chapter 7.5 of the Code and Resolution 96-73
so as to implement this exemption. It would apply the exemption retroactively. The practical effect
of this retroactive application would be to exempt the Via Lopez project which is presently under
construction by the Fort Collins Housing Authority.