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HomeMy WebLinkAbout118 - 07/07/1998 - AMENDING THE CITY CODE REGARDING THE REBATE OF IMPACT FEE FOR AFFORDABLE HOUSING AND REVISING RELATE ORDINANCE NO. 118, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 5, ARTICLE IX OF THE CITY CODE REGARDING THE REBATE OF IMPACT FEES FOR AFFORDABLE HOUSING AND REVISING RELATED PROGRAM REGULATIONS WHEREAS,on October 4, 1994,the City Council established by Ordinance No. 145, 1994, a program for the rebate of impact fees paid in connection with affordable housing development projects, codified at Sections 5-355 through 5-358 of the Code of the City of Fort Collins (the "Affordable Housing Fee Rebate Program"); and WHEREAS, on October 4, 1994, the Council also adopted Resolution 94-167, Adopting Administrative Regulations for the Rebate of Impact Fees For Affordable Housing (the "Program Regulations"); and WHEREAS, in 1996, the Council modified the Affordable Housing Fee Rebate Program, through the adoption of Ordinance No. 3, 1996, and Ordinance No. 96, 1996, and the Program has continued in place to date, as modified; and WHEREAS,in 1996,the Council adopted Resolution 96-4 and Resolution 96-7,modifying the Program Regulations to reflect program changes and updated information; and WHEREAS, it is the City Council's desire to modify the Affordable Housing Fee Rebate Program, in order to encourage the development of affordable housing in the city, so as to allow rebates or other offsetting payments to be made to developers of affordable housing units who have paid fees for the extension of utility services, without respect to whether it is the City that has received the fees and will provide the services; and WHEREAS, the promotion and encouragement of the development of affordable housing in the city is consistent with and in furtherance of the Council's stated goals and policies in that regard. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that the extension of the Affordable Housing Fee Rebate Program to include payments to offset impact fees paid to non-City entities for affordable housing developments in the City will result in the encouragement and support of the development of affordable housing in the City, in furtherance of the Council's policy plans and objectives, and will serve an important public purpose for the residents of the City. Section 2. That City Code Section 5-355 be amended as follows: Sec. 5-355. Purpose. The general purpose of this Article is to encourage the provision of affordable housing for low income citizens of the city. Any rebates of impact fees paid to the City or any payments made to offset impact fees paid to other utility service providers that are authorized pursuant to this Article shall be available only for units located within the city limits, unless the City Council finds, by resolution, that it would be in the best interests of the City to grant such a rebate or offsetting payment under this Article to a housing project located outside the city, and that the project for which the rebate or offsetting payment is requested fully complies with all applicable criteria and requirements contained in the administrative regulations established pursuant to § 5-356 of this Article. Section 3. That City Code Section 5-356 be amended as follows: Sec. 5-356. Administrative regulations. The City Manager is hereby authorized to develop administrative regulations, to be approved by the City Council by resolution, to provide for the possible rebate of any impact fees paid to the City, or the possible payment of an amount adequate to fully or partially offset impact fees paid to other governmental entities or special districts, when such fees have been paid by or on behalf of affordable housing units as defined in § 5-357 below. For the purposes of this Article, impact fees shall mean such fees imposed by the city or another governmental entity or special district to defray the cost of the infrastructure and/or resources which may be necessary to serve the affordable housing unit as the same is specifically defined in the administrative regulations adopted pursuant to this Section 5-356. Section 4. That City Code Section 5-358 be amended as follows: Sec. 5-358. No entitlement established. The provisions of this Article shall not be construed as establishing any right or entitlement to a rebate of, or offsetting payment for, any impact fees paid by or on behalf of any applicant. The approval of any rebate or offsetting payment plan shall be entirely discretionary with the City Council and any rebate or offsetting payment to be made under an approved plan shall be subject to appropriation. Section 5. That the Development Impact Fee Rebate Program Regulations For Affordable Housing, dated June 16, 1998, and on file in the office of the City Clerk, are hereby approved. Section 6. That notwithstanding the foregoing adoption of the Development Impact Fee Rebate Program Regulations For Affordable Housing by this Ordinance, such Regulations may in the future be modified, repealed or otherwise amended by Council resolution. Introduced, considered favorably on first reading, and ordered published this 16th day of June, A.D. 1998, and to be presented for final passage on the 7th day of July, A.D. 1998.ZA� ` . z -Mayor ATTEST: City Clerk Passed and adopted on final reading this 7th day of July, A.L 1998. Mayor ATTEST: City Clerk