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HomeMy WebLinkAbout019 - 02/16/1999 - REVISING THE DEFINITIONS FOR AFFORDABLE HOUSING PROJECT AND AFFORDABLE HOUSING UNIT, REVISING THE DE ORDINANCE NO. 19, 1999 OF THE COUNCIL OF THE CITY OF FORT COLLINS REVISING THE DEFINITIONS FOR "AFFORDABLE HOUSING PROJECT" AND "AFFORDABLE HOUSING UNIT", REVISING THE CITY'S DEVELOPMENT REVIEW FEE WAIVER PROVISIONS FOR AFFORDABLE I LOUSING AND REVISING THE CITY'S IMPACT FEE DELAY PROGRAM FOR AFFORDABLE HOUSING WHEREAS, the 1997-99 Staff Work Plan calls for an "Affordable Housing Needs Study" to be completed in the summer of 1998; and WHEREAS, the "Draft Priority Affordable Housing Needs and Strategy Study" was presented to the Council at its Study Session on June 9, 1998; and WHEREAS, on August 18, 1998, the Council_ by Resolution 98-125, established certain affordable housing priorities; and WHEREAS, in order to implement said priorities, the staff and the Affordable Housing Board have worked together to propose revisions to the City's existing affordable housing programs; and WHEREAS, the Affordable Housing Board, on September 3, 1998, recommended to the Council that the changes proposed by this Ordinance be adopted; and WHEREAS,the Council has determined that the affordable housing provisions of the City's law should be based upon common and consistent definitions; and WHEREAS,the Council has determined that the definition,development review fee waiver and impact fee delay program changes proposed by this Ordinance are in the best interests of the City and should be adopted. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Land Use Code, the Transitional Land Use Regulations and the City Code are hereby amended as follows: Section 1. That the definition of"Affordable housing project" as contained in Section 5.1.2 of the Land Use Code be amended to read as follows: Affordable housing project shall mean a development project in which: (1) at least seventy-five(75)percent of the gross acreage to be developed under the plan is to be developed as residential dwelling units or mobile home park spaces; (2) at least ten (10) percent of said dwelling units or spaces (the "affordable housing units") are to be available for rent or purchase on the terms described in the definitions of "Affordable housing unit for rent" or "Affordable housing unit for sale" (as applicable); (3)the construction of the dwelling units or spaces is to occur as part of the initial phase of the project and(i)prior to the construction of the market rate units or(ii)on a proportional basis,according to the same ratio as the number of affordable units bears to the number of the market rate units; and (4)the units will be required, by binding legal instrument acceptable to the City and duly recorded with the Larimer County Clerk and Recorder,to be occupied by and affordable to low-income households for at least twenty (20) years. Section 2. That Section 5.1.2 of the Land 11 se Code be amended by the addition of a new definition for "Affordable housing unit for rent" and a new definition for "Affordable housing unit for sale" which definitions shall read as follows: Affordable housing unit for rent shall mean a dwelling unit which is available for rent on terms that would be affordable to households earning eighty (80)percent or less of the median income of city residents, as adj Listed for family size, and paying less than thirty(30)percent of their gross income for housing,including rent and utilities. The unit must be occupied by and affordable to such low-income household(s) for a period of not less than twenty (20) years. Affordable housing unit.for sale shall mean a dwelling unit which is available for purchase on terms that would be affordable to households earning eighty(80)percent or less of the median income of city residents,as adj Listed for family size,and paying less than thirty eight (38) percent of their gross income for housing, including principal, interest,taxes,insurance,utilities and homeowners' association fees. The unit must be occupied by and affordable to such low-income household(s) for a period of not less than twenty (20) years. Section 3. That Section 29-1 of the "Transitional Land Use Regulations" be amended by the addition of the following definitions: Affordable housing project shall mean a development project in which: (1) at least seventy-five(75)percent of the gross acreage to be developed under the plan is to be developed as residential dwelling units or mobile home park spaces; (2) at least ten (10) percent of said dwelling units or spaces (the "affordable housing units") are to be available for rent or purchase on the terms described in the definitions of "Affordable housing unit for rent" or "Affordable housing unit for sale" (as applicable); (3)the construction of the dwelling units or spaces is to occur as part of the initial phase of the project and(i)prior to the construction of the market rate units or(ii)on a proportional basis,according to the same ratio as the number of affordable units bears to the number of the market rate units; and (4)the units will be required, by binding legal instrument acceptable to the City and duly recorded with the Larimer County Clerkand Recorder,to be occupied by and affordable to low-income households for at least twenty (20) years. 2 Affordable housing unit for rent shall mean a dwelling unit which is available for rent on terms that would be affordable to households 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 rent and utilities. The unit must be occupied by and affordable to such low-income household(s) for a period of not less than twenty (20) years. Affordable housing unit for sale shall mean a dwelling unit which is available for purchase on terms that would be affordable to households earning eighty(80)percent or less of the median income of city residents,as adjusted for family size,and paying less than thirty eight (38) percent of their gross income for housing, including principal,interest,taxes,insurance, utilities and homeowners' association fees. The unit must be occupied by and affordable to such low-income households(s) for a period of not less than twenty (20) years. Section 4. That Section 2.2.3(E)(3) of the Land Use Code be and hereby is amended to read as follows: (3) Affordable Housing Exemption. Notwithstanding the requirement contained in subparagraph(2)above that the development review fees shall be based on actual expenses incurred by or on behalf of the city, applications relating to the review of affordable housing projects shall be totally or partially exempt from the fees authorized in this subsection (E) according to the following criteria: (a) The fees authorized under this subsection(E)shall be entirely waived for development projects in which one hundred (100)percent of the dwelling units qualify as affordable housing units for sale or for rent. (b) The fees authorized under the Subsection (E) shall be reduced in direct proportion to the percentage of affordable housing units for sale or for rent that are provided in the development project (within the authorized waiver range of ten (10) percent to one hundred (100) percent), in accordance with the following formula: Number of affordable housing units x "total fees assessed = Amount of fees waived Total number of housing units (c) The fees authorized under this subsection (E) shall not be reduced if less than ten (10) percent of the dwelling units within the project qualify as affordable housing units for sale or for rent. (d) In order to determine whether a development project is eligible for a waiver or reduction of fees under this subparagraph, any applicant 3 seeking such waiver or reduction must submit documentation evidencing the eligibility of the development project to the Director, who may, upon review of such documentation, defer the payment of said fees to such time, if at all, that a certificate of occupancy is sought for the development project. At that time,prior to the issuance of any certificate of occupancy for the development project, a final determination shall be made by the Director as to whether the development project qualifies for a waiver or reduction of the fees. In the event that the Director determines that the development project does not so qualify,all such fees shall be due and payable prior to the issuance of the first certificate of occupancy. Section 5. That Section 29-3(c) of the Transitional Land Use Regulations is hereby amended to read as follows: (c) Applications relating to the review ofaffordable housingprojects shall be totally or partially exempt from the fees imposed under this Section according to the following criteria: (1) The fees authorized under this subsection(c)shall be entirely waived for development projects in which one hundred (100)percent of the dwelling units qualify as affordable housing units for sale or for rent. (2) The fees authorized under this subsection (c) shall be reduced in direct proportion to the percentage of affordable housing units for sale or for rent that are provided in the development project (within the authorized waiver range of ten (10) percent to one hundred (100) percent), in accordance with the following formula: Number of affordable housing units x l'otal lees assessed = Amount of fees waived Total number of housing units (3) The fees authorized under this subsection (c) shall not be reduced if less than ten (10) percent of the dwelling units within the project qualify as affordable housing units for sale or for rent. (4) In order to determine whether a housing project is eligible for a waiver or reduction of fees under this subparagraph, any applicant seeking such waiver or reduction must submit documentation evidencing the eligibility of the development project to the Director of Planning,who may,upon review of such documentation,defer the payment of said fees to such time, if at all, that a certificate of occupancy is sought for the development project. At that time, prior 4 to the issuance of any certificate of occupancy for the development project, a final determination shall be made by the Director of Planning as to whether the development project qualifies for a waiver or reduction of the fees. In the event that the Director of Planning determines that the development project does not so qualify,all such fees shall be due and payable prior to the issuance of the first certificate of occupancy. Section 6. That Section 7.5-26 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7.5-26. Deferral of fees for affordable housing. With respect to any building permit for a dwelling unit which is contained within or which constitutes an cordable housing project as defined in § 26-631, the fees established under this Article 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 or until the first day o f 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. 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 7. That Section 26-631 of the Code of the City of Fort Collins be and hereby is repealed and reenacted to read as follows: Sec. 26-631. Definitions. Affordable housingproject shall mean a development project in which: (1) at least seventy-five(75)percent of the gross acreage to be developed under the plan is to be developed as residential dwelling units or mobile home park spaces; (2) at least ten (10) percent of said dwelling units or spaces (the "affordable housing units") are to be available for rent or purchase on the terms described in the definitions of "Affordable housing unit for rent" or "Affordable housing unit for sale" (as applicable); (3)the construction ofthe dwelling units or spaces is to occur as part of the initial phase ofthe project and(i)prior to the construction ofthe market rate units or(ii)on a proportional basis,according to the same ratio as the number of affordable units bears to the number of the market rate units; and (4)the units will be required, by binding legal instrument acceptable to the City and duly recorded with the 5 Larimer County Clerk and Recorder,to be occupied by and affordable to low-income households for at least twenty (20) years. Affordable housing unitfor rent shall mean a dwelling unit which is available for rent on terms that would be affordable to households 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 rent and utilities. The unit must be occupied by and affordable to such low-income household(s) for a period of not less than twenty (20) years. Affordable housing unit fbr sale shall mean a dwelling unit which is available for purchase on terms that would be affordable to households earning eighty(80)percent or less of the median income of city residents,as adjusted for family size,and paying less than thirty eight (38) percent of their gross income for housing, including principal,interest,taxes,insurance,utilities and homeowners' association fees. The unit must be occupied by and affordable to such low-income households(s) for a period of not less than twenty (20) years. Section 8. That Section 26-632 of the Code of the City of Fort Collins be and hereby is amended to read as follows: 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 § 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 fast 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.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. 6 Introduced, considered favorably on first reading, and ordered published in summary form this 2nd day of February, A.D. 1999, and to be presented for final passage on the 16th day of February, A.D. 1999. Mayor ATTEST: Z City Clerk Passed and adopted on final reading this 16th day of Feb A.D. 1999. r ATTEST: / City Clerk 7