HomeMy WebLinkAbout048 - 04/17/2001 - AMENDING CITY CODE BY THE ADDITION OF A NEW ARTICLE XI ENTITLED LAND BANKING ORDINANCE NO. 48, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 23 OF THE CODE OF THE CITY BY THE ADDITION
OF A NEW ARTICLE XI ENTITLED "LAND BANKING"
WHEREAS,information presented in the"Priority Affordable Housing Needs and Strategies
Report" adopted by Resolution 99-16, and information obtained by a City team participating in the
National League of Cities' June 1998 "Strengthening Partnerships for Housing Opportunities
Workshop", identified the scarcity of available land resources as one of the major impediments in
meeting future affordable housing needs; and
WHEREAS, the City Council reviewed the concept of land banking at its October 27, 1998
Study Session and directed staff to study its feasibility for the purpose of assisting in the promotion
and development of rental housing for extremely low income residents of the City (at or below 30%
of AMI), and very low income residents (at or below 50% of AMI), as well as homeownership
housing at or below 60% of AMI in the City; and
WHEREAS, a Land Bank Committee was formed by staff from participants of the
"Strengthening Partnerships for Affordable Housing Workshop" to assist staff in selecting a
consultant to analyze the feasibility of land banking; and
WHEREAS, the staff has received a feasibility study prepared for the City by Bay Area
Economics, Davis, California; and
WHEREAS, the Land Bank Committee has recommended land banking as a way to help
affordable housing providers secure a steady supply of sites for affordable housing and to promote
greater community awareness of affordable housing projects; and
WHEREAS, the Community Development Block Grant Commission and the Affordable
Housing Board have recommended approval of a land bank program to assist affordable housing
providers in securing affordable housing sites in the future; and
WHEREAS, the City Council has determined that such a program will provide a long term
affordable housing strategy by holding land for 5-15 years and identifying sites for future
development so that affordable housing is distributed community-wide to promote diverse
neighborhoods in accordance with Policy HSG-2.5 of the City Plan; and
WHEREAS, since land bank sites will generally be less expensive to purchase (due to
existing infrastructure limitations), they will provide long term development potential and
appreciation, which will allow land banking to be as self-sustaining as possible in the future; and
WHEREAS,the Council has determined that the purpose of acquiring real property in order
to ensure that the property will be available for future development to provide housing for extremely
low and very low income families is in the best interests of the citizens of the City; and
WHEREAS, Article XX of the Constitution of the State of Colorado authorizes home rule
cities to, among other things, purchase, hold and sell real property; and
WHEREAS, the Council has determined that the land banking of real property for the
purpose of assisting housing providers (whether publicly affiliated, philanthropic or profit-
motivated)in providing housing for extremely low and very low income families will not negatively
impact the local real estate market under the proposed program, since it is anticipated that the
program will acquire, on average, only three and one-half acres per year.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 23 of the Code of the City be amended by the addition of a new Article XI,
to read as follows:
ARTICLE XI. LAND BANKING
Sec. 23-350. Purpose.
The purpose of this Article is to enable the City to acquire, hold and sell real
property for the purpose of assisting housing providers(whether publicly affiliated,
philanthropic or profit-motivated) in providing rental housing for households at or
below fifty percent(50%) of the area median income for Fort Collins ("AMP') and
homeownership housing for households at or below sixty percent (60%) of AMI.
This Article will assist the City in providing land that developers can feasibly
purchase for affordable housing and will help to ensure that appropriate sites are
available in the future for the development of such housing, and will assist in the
early identification of sites for affordable housing development so that adjacent
property owners will be aware and accepting of the plans for such sites; and will
systematically secure affordable housing sites so that such developments can be
dispersed throughout the community by strategically selecting sites for affordable
housing projects in desirable locations.
Sec. 23-351. Authority.
The City Manager is authorized on behalf of the City to acquire land for the
purposes set forth in Sec. 23-350 and to perform all acts necessary to effectuate the
acquisition of such land, provided that funds have first been appropriated by the
Council for said purpose and that such acquisitions comply with the criteria for
acquisition as set out in Sec. 23-352.
See. 23-352. Criteria.
The City Manager shall acquire land under the authority granted in Sec. 23-351
only if the acquisition complies with the following criteria:
(a) The land is acquired from a willing seller (without the threat of
condemnation).
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(b) The cost of acquiring the land does not,in the opinion of the City Manager,
exceed the fair market value thereof.
(c) Either at the time of acquisition the land is, or within the reasonably
foreseeable future in the judgment of the City Manager,the land will be,within one-
half mile of at least three of the following five existing or planned facilities:
(1) transit route;
(2) school;
(3) park;
(4) employment center; and
(5) commercial center.
(d) The land is located within the Fort Collins Growth Management Area.
Sec. 23-353. Funding.
The acquisition of land pursuant to this Article shall be funded from the
Affordable Housing Trust Fund.
Sec. 23-354. Disposition of land bank property.
In addition to the criteria established for the disposition of property in Article IV
of this Chapter,no property acquired pursuant to this Article shall be sold by the City
except in accordance with the following criteria:
(a) Any disposition/sale of such property shall be to a housing provider legally
bound to the City under the terms of such sale to provide rental housing for
households at or below fifty percent(50%) of AMI and/or homeownership housing
for households at or below sixty percent(60%)of AMI("affordable housing")as the
sole development purpose. Such sale shall not be made to any person for the purpose
of land speculation or appreciation or for the development of non-residential uses or
the provision of market rate housing.
(b) Upon acquisition of the property from the city, the housing provider shall
commence development of all housing within twenty four (24) months of having
acquired the land and shall obtain building permits for the construction of all such
housing units within forty eight (48) months of acquisition of the property. If all
such building permits have not been obtained by the housing provider within the
aforesaid periods of time,then title to that portion of the property for which building
permits have not been issued shall revert to the city. Said possibility of reverter shall
be contained in any deeds conveying said land to such housing provider. Any
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extension of the aforesaid periods of time shall be valid only if approved by the City
Manager upon finding that the housing provider has exerted a good faith and diligent
effort in pursuing the development but has suffered delays caused by unforseen
circumstances not reasonably within the control of the housing provider.
(c) If any property sold by the City for affordable housing under the authority
of this section is subsequently resold by the original housing provider,the purchaser
and any subsequent owners of such property must continue to use such property for
affordable housing. If said property is ever not so used, then the city may re-enter
and recover title to all such property. The deed conveying the property from the City
to such housing provider shall contain such right of entry for condition broken,which
provision shall run with the title to the property.
(d) All land conveyed to a housing provider by the City pursuant to this Article
shall be sold to such housing provider at no more than ninety percent(90%)of its fair
market value as determined by the City.
Sec. 23-355. Proceeds of sale.
All proceeds of any sale of land in accordance with Sec.23-354 shall be returned
to the Affordable Housing Trust Fund to be used for additional land acquisitions in
accordance with this Article.
Introduced,considered favorably on first reading, and ordered published in summary form
this 20th day of March, A.D. 2001, and to be presented for final passage on the 17th day of April,
A.D. 2001.
Mayor �✓
TEST:
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City Clerk
Passed and adopted on final reading this 17th day of April, A.D. 2094.
Mayor —��
A TEST:
City Clerk
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