Loading...
HomeMy WebLinkAbout066 - 05/17/1994 - AMENDING CITY CODE AUTHORIZING A DELAY IN THE COLLECTION OF CERTAIN CITY DEVELOPMENT IMPACT FEES FOR ORDINANCE NO. 66, 1994 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 23-227 AND 24-114 AND CHAPTER 26, ARTICLE IX OF THE CODE OF THE CITY OF FORT COLLINS FOR THE PURPOSE OF AUTHORIZING A DELAY IN THE COLLECTION OF CERTAIN CITY DEVELOPMENT IMPACT FEES FOR AFFORDABLE HOUSING WHEREAS, the Council of the City of Fort Collins has determined that it is in the best interests of the citizens of the City that the collection of certain development-related impact fees be delayed until the time of issuance of the applicable certificate of occupancy or until the first day of December of the year in which the deferral was obtained, whichever first occurs; and WHEREAS, the Council has determined that this delay in the collection of said development impact fees should apply to the following fees: Water Plant Investment Fee Water Rights Acquisition Fee Wastewater Plant Investment Fee Storm Drainage Basin Fee Street Oversizing Fee (Residential ) Parkland Fee; and WHEREAS, the Council has further determined that Chapter 26, Article IX, Division 3, relating to the Transportation Utility should be repealed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 23-227 of the Code of the City is hereby amended by lettering the existing provisions of said section as paragraph (a) and by the addition of a new subparagraph (b) , to read as follows: Sec. 23-227. Collection of fee for utility service. (b) If any such dwelling unit is contained within or constitutes an "affordable housing project" as defined in Chapter 26, Article IX, of the Code, the fee established in this Section shall , upon the request of the applicant, be deferred until the date of issuance of a certificate of occupancy (whether temporary or permanent) for such unit(s) or until the first day of December of the year in which the deferral was obtained, whichever first occurs. Any person requesting such deferral shall , as a condition precedent to obtaining the deferral , secure the future payment of the deferred fee(s) by providing the city with a letter of credit or certificate of deposit in a form and amount acceptable to the city. At the time of application for any such deferral , the applicant shall pay to the city a fee in the amount of fifty dollars ($50) to partially defray the cost of administration. No person shall knowingly make any false or misleading statement of fact in order to obtain any deferral of fees under this Section. Section 2. That Section 24-113 of the Code of the City is hereby amended by lettering the existing paragraph (a) and by the addition of a new subparagraph (b) , to read as follows: Sec. 24-113. Collection of fee for "A" uses. (b) If any such dwelling unit is contained within or constitutes an "affordable housing project" as defined in Chapter 26, Article IX, of the Code, the fee established in this Section shall , upon the request of the applicant, be deferred until the date of issuance of a certificate of occupancy (whether temporary or permanent) for such unit(s) or until the first day of December of the year in which the deferral was obtained, whichever first occurs. Any person requesting such deferral shall , as a condition precedent to obtaining the deferral , secure the future payment of the deferred fee(s) by providing the city with a letter of credit or certificate of deposit in a form and amount acceptable to the city. At the time of application for any such deferral , the applicant shall pay to the city a fee in the amount of fifty dollars ($50) to partially defray the cost of administration. No person shall knowingly make any false or misleading statement of fact in order to obtain any deferral of fees under this Section. Section 3. That Chapter 26, Article IX, Division 3, of the Code of the City is hereby repealed and reenacted to read as follows: DIVISION 3. DEFERRAL OF FEES FOR AFFORDABLE HOUSING Sec. 26-631. Definitions. For purposes of this Division, the term "affordable housing project" shah mean: (1) a dweTTing unit which is available for rent or purchase on terms that would be affordable to individuals earning eighty (80) percent or less of the median income of city residents, as adjusted for family size, and paying less than thirty (30) percent of their gross income for housing, including utilities, or (2) a development project in which at least fifty (50) percent of the dwelling units are available for rent or purchase on the terms described above. Sec. 26-632. Deferral of fees. With respect to any dwelling unit which is contained within or which constitutes an "affordable housing project" as defined in Section 26-631, the Water Plant Investment Fee ("WPIF") , Sewer Plant Investment Fee ("SPIF"), Storm Drainage Basin Fee and the Raw Water Requirement In-lieu Cash Payment, as established in this Chapter, shall , upon the request of the applicant, be deferred until the date of issuance of a certificate of occupancy (whether temporary or permanent) for such unit(s) or until the first day of December of the year in which the deferral was obtained, whichever first occurs. Notwithstanding any provision in this Chapter to the contrary, in the event that, during the period of deferral , the amount of the deferred fee is increased by ordinance of the City Council , the fee rate in effect at the time of the issuance of the building permit shall apply. Any person requesting such deferral shall , as a condition precedent to obtaining the deferral , secure the future payment of the deferred fee(s) by providing the city with a letter of credit or certificate of deposit in a form and amount acceptable to the city. At the time of application for any such deferral , the applicant shall pay to the city a fee in the amount of fifty dollars ($50) to partially defray the cost of administration. No person shall knowingly make any false or misleading statement of fact in order to obtain any deferral of fees under this Section. Introduced, considered favorably on first reading, and ordered published this 3rd day of May, A.D. 1994, and to be presente r final passa on the 17th day of May, A.D. 1994. Mayor ATTEST: City Clerk Passed and adopted on final reading this 17th da y, A.D. 199 yor ATTEST: City Clerk