HomeMy WebLinkAbout037 - 03/19/2013 - REPEALING ORDINANCE NO. 065, 1999, RESOLUTION 1996-073 AND RESOLUTION 1988-081; MAKING CERTAIN AMEND (8) The safety of access to the property in times of flood for ordinary and
emergency vehicles; and
(9) The expected flood elevation, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site.
(f) Upon consideration of the factors of this Section and the purposes of this Article,
the Water Board may attach such conditions to the granting of a variance as it deems
necessary to further the purposes of this Article, and shall incorporate by reference the
requirements of this Article that shall apply to the development or activities for which a
variance has been granted.
(g) The Utilities Executive Director shall maintain the records of all appeal actions,
including technical information, and report any variances to the Federal Insurance
Administration upon request.
(h) Notwithstanding the foregoing, the City Council may, by ordinance, waive the
imposition of any fee imposed by the provisions of this Chapter for a housing project
wholly or partially owned by a housing authority formed pursuant to the provisions of
C.R.S. Section 29-4-101, et. seq, if the City Council, in its sole discretion, determines
that:
(1) the affordable housing project is intended to house homeless or disabled
persons, as such terms are defined by the Department of Housing and Urban
Development, or households with an annual income that does not exceed thirty
(30) percent of the area median income for the applicable household size in the
Fort Collins-Loveland metropolitan statistical area, as published by the
Department of Housing and Urban Development; and
(2) the proposed waiver, if approved by the City Council, will not jeopardize
the financial interests of the City.
Section 8. That Section 2.2.3 (D) of the Land Use Code of the City of Fort Collins
is hereby amended so as to add a new subparagraph dealing with the waiver of fees for
affordable housing projects, so that Section 2.2.3 (D) of the Land Use Code of the City of Fort
Collins reads in its entirety as follows:
Sec. 2.2.3 Step 3: Development Application Submittal
(D) Development Review Fees.
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ORDINANCE NO , 037, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING ORDINANCE NO . 065 , 1999, RESOLUTION 1996-073 AND RESOLUTION
1988-081 ; MAKING CERTAIN AMENDMENTS TO THE CITY CODE AND LAND USE
CODE TO ALLOW FOR THE DISCRETIONARY WAIVER OF CITY FEES FOR
CERTAIN KINDS OF HOUSING AUTHORITY PROJECTS TO BE CONSTRUCTED IN
THE CITY; AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY AND THE
HOUSING AUTHORITY WITH REGARD TO SUCH WAIVERS
WHEREAS , the Fort Collins Housing Authority ("FCHA") was formed by the City
Council in 1970 pursuant to the authority contained in C .R. S . § 29-4- 101 , et seq. , for the purpose
of providing affordable, safe and sanitary housing in the City that is within the means of
families of low or moderate income ; and
WHEREAS , by adoption of Ordinance No . 065 , 1999, the City Council has exempted
from the imposition of the City ' s capital improvement expansion fees the land development
projects of housing authorities formed pursuant to the provisions of C .R. S . § 29-4- 101 , et seq. ,
and has specified various other City fees from which such projects are also to be exempted; and
WHEREAS , the financial impact of such fee waivers on the City can be substantial,
depending upon the size of the project that is exempted, and whether the lost fee revenues need
to be "backfilled" by the City; and
WHEREAS , the FCHA often holds only a small ownership interest in the projects that it
sponsors because of the way in which the federal funding for such projects is structured; and
WHEREAS , City staff and FCHA staff have differing opinions as to whether fee
waivers are required by state law for affordable housing projects in which a housing authority
holds only a minor ownership interest; and
WHEREAS , the difference of opinion between City and FCHA staff as to whether fee
waivers are statutorily required for such projects arises because of the wording of C .R. S . § 29-4-
227, which states that housing authorities within the state are exempt from the payment of any
taxes or fees to the state or any subdivision thereof, while it goes on to state, in effect, that
projects owned by or leased to an entity in which a housing authority has only a partial
ownership interest are exempt only from taxation; and
WHEREAS , while the City Council remains strongly supportive of affordable housing
in the City and believes it to be in the best interests of the City to continue to financially support
such projects through fee waivers, it also recognizes its responsibility to not jeopardize the
City ' s financial well-being in doing so, or the timely construction of the capital projects that are
funded by such fees ; and
WHEREAS, to balance these competing considerations, and in view of the latitude
accorded the City by the relevant provisions of state law, the City Council wishes to amend its
policies on fee waivers for affordable housing to allow for more discretion in determining the
kinds of housing authority-sponsored projects for which City fees should be waived; and
WHEREAS, City staff and staff of the Fort Collins Housing Authority have
recommended that future fee waiver requests be limited to projects that are constructed for
homeless or disabled persons, or for persons whose income falls at or below 30% of the
adjusted median income of City residents; and
WHEREAS, the City Council believes that Staffs recommendation is in the best
interests of the City and wishes to amend the City Code accordingly.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS AS FOLLOWS:
Section 1. That Ordinance No. 65, 1999, Resolution 96-73, and Resolution 88-81
are hereby repealed in their entirety.
Section 2. That the definition of "Building Permit' contained in Section 7.5-17 of
the Code of the City of Fort Collins is hereby amended by the deletion of subparagraph (1), so .
as to read in its entirety as follows:
Sec. 7.5-17. Definitions.
Building permit shall mean the permit required for new construction and
additions under Division 2.7 of the Land Use Code, or, if applicable,
Section 29-5(a) of the Transitional Land Use Regulations, and the permit
required for the installation of a mobile home pursuant to Subsection 18-
8(b) of this Code; provided, however, that the tern building permit, as
used herein, shall not be deemed to include permits required for the
following:
(1) The installation of any mobile home that replaces a
previously existing mobile home on an existing mobile home lot
under Subsection 18-8(b) of the Code.
(2) Remodeling, rehabilitation or other improvements to an
existing structure or rebuilding a damaged or destroyed structure
unless: (a) in the case of a residential use, such remodeling,
expansion or improvement results in the creation of one (1) or
more new dwelling units, or (b) in the case of a commercial or
industrial use, such remodeling, expansion or improvement
increases the gross square footage of the existing structure(s).
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Section 3. That Section 7.5-19 of the Code of the City of Fort Collins is hereby
amended so as to add a new subparagraph dealing with the waiver of fees for affordable housing
projects, so that Section 7.5-19 reads in its entirety as follows:
Sec. 7.5-19. Imposition, computation and collection of fees.
(a) Payment of the fees imposed under the provisions of this Article shall
be required as a condition of approval of all development in the City for
which a building permit is required. The amount of such fees has been
calculated using current levels of service and the data and methodologies
described in Capital Improvement Expansion Cost Study, dated May 21,
1996, as amended; the City's Street Oversizing Impact Fee Study, dated July
15, 1997, and Street Oversizing Impact Fee Study Update, dated November
28, 2000, as amended; and The ITE Trip Generation Manual, 6th Edition,
1997, published by the Institute of Traffic Engineers, as amended. The fees
due for such development shall be payable by the feepayer to the Building
Official prior to or at the time of issuance of the first building permit for the
property to be developed, except to the extent that an agreement deferring all
or any portion of such payment has been executed by the City providing for
a different time of payment approved by the City Council by resolution. If,
during the period of any such deferral, the amount of the deferred fee is
increased by ordinance of the City Council, the fee rate,in effect at the time
of payment shall apply. If the building permit for which a fee has been paid
has expired, and an application for a new building permit is thereafter filed,
any amount previously paid for a capital improvement expansion fee and not
refunded by the City shall be credited against any additional amount due
under the provisions of this Article at the time of application for the new
building permit.
(b) Notwithstanding the foregoing, the City Council may, by
ordinance, waive the imposition of any fee imposed by the provisions of this
Article for a housing project wholly or partially owned by a housing
authority formed pursuant to the provisions of C.R.S. Section 29-4-101, et.
seq, if the City Council, in its sole discretion, determines that:
(1) the affordable housing project is intended to house homeless
or disabled persons, as such terms are defined by the
Department of Housing and Urban Development, or
households with an annual income that does not exceed thirty
(30) percent of the area median income for the applicable
household size in the Fort Collins-Loveland metropolitan
statistical area, as published by the Department of Housing
and Urban Development; and
(2) the proposed waiver will not jeopardize the financial interests
of the City or the timely construction of the capital
improvements to be funded by the fees for which a waiver is
sought.
Section 4. That Section 7.5-26 of the Code of the City of Fort Collins is hereby
amended so as to read in its entirety as follows:
See. 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 affordable housing project as defined in § 26-631, any
fees established under this Article and not waived by the City Council under the
provisions of Section 7.5-19(b) 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 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.
Section 5. That Section 7.5-48 of the Code of the City of Fort Collins is hereby
amended so as to add a new subparagraph (e) dealing with the waiver of fees for affordable
housing projects, so that Section 7.5-48 reads in its entirety as follows:
See. 7.5-48. Land dedication or in-lieu fees imposed.
(a) The owner or developer of every land development project in the City
('applicant") must file with the Building Official of the City, prior to the
issuance of a building permit for any residential structure in such project, proof
that the appropriate land reservation for future dedication has been made to the
school district, or that the applicant has paid an in-lieu fee, in accordance with
the provisions of this Article.
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(b) Prior to or at the time that any proposed land development project is
submitted to the City for review, the superintendent of the school district, or his
or her designee, shall meet with the applicant for the purpose of determining
whether the school district desires the reservation of any land for future
dedication as a school site within the land development project. Any such
dedication or in-lieu fee requirement shall be consistent with school district
planning standards established by the school district. Said standards shall reflect,
without limitation:
(1) The student yields and technical and educational specifications for
various school facilities (elementary, middle and high school levels),
consistent with the policy of the Board of Education of the school district;
(2) The capacity demand for each category of school facility resulting
from the construction of dwelling units in the land development project;
and
(3) School site acreage requirements.
Any reservation of sites or land areas required under the provisions of this
Article shall occur in the following fashion. At or before the time of final
approval of any land development project by the City, the sites or land areas to
be dedicated to the school district shall be reserved by designation on the plat
submitted to the City for approval in connection with the land development
project. On or before the date that the first building permit for the project is
issued by the City, such reserved site or land area shall be dedicated to the school
district. In the event that the school district determines, in its sole discretion, that
the dedication of a reserved site is necessary prior to the issuance of any building
permit for the project within which such site is located, the school district shall
so notify the person(s) shown by the records of the County Assessor as being the
then current owner(s) of such site. Said notice shall be sent by certified mail,
return receipt requested, and a copy of said notice shall be provided to the City's
Director of Community Development and Neighborhood Services. Within sixty
(60) days of the mailing of said notice, the reserved property that is the subject of
the mailing shall be dedicated to the school district by the owner(s) thereof.
(c) Any dedication required under this Article shall be accomplished by the
execution of a general warranty deed by the property.owner conveying to the
school district land required to be dedicated, free and clear of all liens,
encumbrances and exceptions except those approved in writing by the school
district, including, without limitation, real property taxes, which shall be prorated
to the date of conveyance. The property owner shall also provide to the school
district a title insurance commitment and policy in an amount equal to the fair
market value of the dedicated property. At the time of dedication, the dedicated
site shall have overlot grading, direct access to a publicly dedicated street
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improved to city standards and utilities stubbed to the site. Upon completion of
the conveyance in accordance with the provisions of this Section, the school
district shall promptly certify to the City in writing that the dedication has been
made.
(d) In the event that the dedication of sites or land areas for school site
purposes within a particular land development project is not deemed feasible or
in the best interests of the school district as determined by the superintendent, or
his or her designee, the school district shall so notify the City's Director of
Community Development and Neighborhood Services in writing, and the City
shall require the applicant to pay the in-lieu fees as provided in this Article. The
amount of the in-lieu fees to be paid under the provisions of this Article shall be
established by agreement with the school district and shall be equal to the full
market value of the sites or land areas within a land development project that
could be required to be reserved for future dedication for school site purposes
under Subsection (b) above. Said fair market value shall be determined on the
basis of the average value of developed sites for residential uses in the City as
approved for development by the City, with curb, gutter, streets and utilities to
the site, according to City engineering standards.
(e) Notwithstanding the foregoing, the City Council may, by ordinance,
waive the imposition of any fee imposed by the provisions of this Article for a
housing project wholly or partially owned by a housing authority formed
pursuant to the provisions of C.R.S. Section 29-4-101, et. seq, if the City
Council, in its sole discretion, determines that:
(1) the affordable housing project is intended to house homeless or
disabled persons, as such terms are defined by the Department of
Housing and Urban Development, or households with an annual income
that does not exceed thirty (30) percent of the area median income for the
applicable household size in the Fort Collins-Loveland metropolitan
statistical area, as published by the Department of Housing and Urban
Development; and
(2) the proposed waiver will not jeopardize the financial interests of
the City or the timely construction of the capital improvements to be
funded by the fees for which a waiver is sought.
Section 6. That Section 7.5-71 of the Code of the City of Fort Collins is hereby
amended so as to add new subparagraphs (c) and (d) dealing with the waiver of fees for
affordable housing projects, so that Section 7.5-71 reads in its entirety as follows:
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Sec. 7.5-71. Collection of neighborhood parkland fee.
(a) Hereafter, payment of a neighborhood parkland fee in accordance with
this Section shall be required as a condition of approval of all residential
development for which a building permit is required, as those terms are defined
in § 7.5-17 of this Code. The fees due for such development shall be payable by
the feepayer to the Building Official prior to or at the time of issuance of the first
building permit for the property to be developed, unless an agreement has been
executed by the City which provides for a different time of payment. All such
payments shall be deposited by the Financial Officer in the fund created in § 8-
80. Only one (1) fee shall be charged for any dwelling unit. No additional fee for
acquisition and development of neighborhood parks shall be charged for the
same dwelling unit. If the building permit for which a fee has been paid has
expired, and an application for a new building permit is thereafter filed, any
amount previously paid for a capital expansion fee and not refunded by the City
shall be credited against any additional amount due under the provisions of this
Article at the time of application for the new building permit.
(b) The amount of the fee established in this Section shall be determined for
each dwelling unit as follows:
700 sq. ft. and under $ 937.00
701 to 1,200 sq. ft. 11,325.00
I
r1,201 to 1,700 sq. ft. 1,559.00
II 1,701 to 2,200 sq. ft. 1,791.00
F,211 sq. ft. and over 2,181.00
(c) Notwithstanding the foregoing, the City Council may, by ordinance,
waive the imposition of any fee imposed by the provisions of this Chapter for a
housing project wholly or partially owned by a housing authority formed
pursuant to the provisions of C.R.S. Section 29-4-101, et. seq, if the City
Council, in its sole discretion, determines that:
(1) the affordable housing project is intended to house homeless
or disabled persons, as such terms are defined by the Department of
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Housing and Urban Development, or households with an annual
income that does not exceed thirty (30) percent of the area median
income for the applicable household size in the Fort Collins-
Loveland metropolitan statistical area, as published by the
Department of Housing and Urban Development; and
(2) the proposed waiver will not jeopardize the financial interests
of the City or the timely construction of the capital improvements to
be funded by the fees for which a waiver is sought.
(d) 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, if not waived by the City Council under the
provisions of subsection 7.5-71(c) 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 7. That Section 10-28 of the Code of the City of Fort Collins is hereby
amended so as to add a new subparagraph (h) dealing with the waiver of fees for affordable
housing projects, so that Section 10-28 reads in its entirety as follows:
Sec. 10-28 Appeals/variance procedure.
(a) The Water Board, as established in § 2-436, shall hear and decide appeals
from decisions of the Utilities Executive Director and requests for variances
from the requirements of this Article. Any final decision of the Board may be
subject to review by the City Council.
(b) The Water Board shall hear and decide appeals when it is alleged that
there is an error in any requirement, decision or determination made by the
Utilities Executive Director in the enforcement or administration of this Article.
Persons desiring to appeal a decision of the Utilities Executive Director to the
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Water Board shall at the time of making such appeal pay a docket fee in the
amount of three hundred dollars ($300.). Written notice of hearing shall be given
to the appellant at least three (3) days prior to the hearing by mailing the notice
to the appellant's last known address by regular mail.
(c) Persons desiring to request a variance shall at the time of application for
said variance submit a variance application together with a floodplain use permit
application, and shall at the time of application pay the floodplain use permit fee
of twenty-five dollars ($25.) and a variance processing fee in the amount of three
hundred dollars ($300.). Written notice of a variance hearing shall be given to
the applicant at least three (3) days prior to the hearing by mailing the notice to
the applicant's address, as set forth in the variance application, by regular mail.
(d) The Water Board shall from time to time adopt such additional rules and
regulations as it deems necessary and advisable for the preparation and
submission of variance requests for Board review, for the conduct of its hearings
and for carrying out the provisions hereof.
(e) In passing upon such applications, the Water Board shall consider all technical
evaluations, all relevant factors and standards specified in other sections of this Article
and:
(1) The danger that materials may be swept onto other lands to the injury of
others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(4) The importance of the service provided by the proposed facility to the
community;
(5) The availability of alternate locations for the proposed use which are not
subject to flood or erosion damage;
(6) The compatibility of the proposed use with existing and anticipated
development;
(7) The relationship of the proposed use to the comprehensive plan and
floodplain management program of that area;
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(1) Recovery of Costs. Development review fees are hereby established for
the purpose of recovering the costs incurred by the city in processing,
reviewing and recording applications pertaining to development
applications or activity within the municipal boundaries of the City, and
issuing permits related thereto. The development review fees imposed
pursuant to this Section shall be paid at the time of submittal of any
development application, or at the time of issuance of the permit, as
determined by the City Manager and established in the development
review fee schedule.
(2) Development Review Fee Schedule. The amount of the City's various
development review fees shall be established by the City Manager, and
shall be based on the actual expenses incurred by or on behalf of the City.
The schedule of fees shall be reviewed annually and shall be adjusted, if
necessary, by the City Manager on the basis of actual expenses incurred
by the City to reflect the effects of inflation and other changes in costs.
At the discretion of the City Manager, the schedule may be referred to the
City Council for adoption by resolution or ordinance.
(3) Notwithstanding the foregoing, the City Council may, by ordinance, waive the
imposition of any fee imposed by the provisions of this Chapter for a housing
project wholly or partially owned by a housing authority formed pursuant to the
provisions of C.R.S. Section 29-4-101, et. seq, if the City Council, in its sole
discretion, determines that:
(a) the affordable housing project is intended to house homeless or disabled
persons, as such terms are defined by the Department of Housing and
Urban Development, or households with an annual income that does not
exceed thirty (30) percent of the area median income for the applicable
household size in the Fort Collins-Loveland metropolitan statistical area,
as published by the Department of Housing and Urban Development; and
(b) the proposed waiver, if approved by the City Council, will not jeopardize
the financial interests of the City.
Section 9. That Section 2.13.3 of the Land Use Code of the City of Fort Collins is
hereby amended so as to add a new subparagraph (E) dealing with the waiver of fees for
affordable housing projects, so that Section 2.13.3 of the Land Use Code of the City of Fort
Collins reads in its entirety as follows:
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2.13.3 Application
An Application for Vested Rights Determination or Takings Determination shall be
submitted to the Director of Community Planning and Environmental Services (the
"Director") in the form established by the Director. An application fee in the amount of
two thousand five hundred dollars ($2,500.00) per application (i.e., $2,500.00 for vested
rights, $2,500.00 for takings, whichever is applied for) shall accompany and be part of
the application. The application shall, at a minimum, include:
(A) the name, address and telephone number of the property owner and authorized
applicant if other than the owner;
(B) the street address, legal description and acreage of the property; and
(C) for Vested Rights Determinations, all factual information and knowledge
reasonably available to the owner and applicant to address the criteria established
in Section 2.13.10.
(D) for Takings Determination, all factual information and knowledge reasonably
available to the owner and applicant to address the criteria established in Section
2.13.11, including, without limitation, the following:
(1) documentation of the date of purchase and the purchase price of such
property, and any and all offers to purchase such property made by any
person within the last three (3) years;
(2) a description of the physical features present on such property, the
present use of such property, the use of such property at the time it was
purchased, the use of such property on the day prior to the time of the
adoption of this Land Use Code, the uses permitted on such property at
the time of application pursuant to this section, and a detailed description
of the regulations which are alleged to result in an elimination of
economically beneficial use of the land;
(3) evidence of any investments made by the owner to improve such
property, the date the improvements were made, and the costs of the
improvements;
(4) all appraisals, studies and any other supporting evidence related to such
property;
(5) any actions taken by the city related to such property;
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(6) a description of the use which the owner believes represents the
minimum legally required economically beneficial use of such property,
and all documentation, studies and other supporting evidence thereof.
The application fee shall be applied to all out-of-pocket expenses actually incurred by
the city in connection with the hearing process, including without limitation fees for, and
expenses incurred by, the Hearing Officer; costs of reporting and transcribing the
proceedings before the Hearing Officer; and costs of producing of exhibits. The
application fee shall not be applied to any in-house costs incurred by the city, such as
compensation for city staff time. Any portion of the application fee not used by the city
to pay the costs referred to above shall forthwith be returned to the applicant upon
completion of the hearing and appeal process. ,
(E) Notwithstanding the foregoing, the City Council may, by ordinance, waive the
imposition of any fee imposed by the provisions of this Chapter for a housing
project wholly or partially owned by a housing authority formed pursuant to the
provisions of C.R.S. Section 29-4-101, et. seq, if the City Council, in its sole
discretion, determines that:
(1) the affordable housing project is intended to house homeless or disabled
persons, as such terms are defined by the Department of Housing and
Urban Development, or households with an annual income that does not
exceed thirty (30) percent of the area median income for the applicable
household size in the Fort Collins-Loveland metropolitan statistical area,
as published by the Department of Housing and Urban Development; and
(2) the proposed waiver, if approved by the City Council, will not jeopardize
the financial interests of the City or the timely construction of the capital
improvements to be funded by the fees for which a waiver is soughte
Section 10. That the Mayor is hereby authorized and directed to enter into an
intergovernmental agreement between the City and the Fort Collins Housing Authority, upon
terms and conditions consistent with the provisions of this Ordinance and satisfactory to the
Mayor, City Manager and City Attorney, documenting the Housing Authority's intent to limit
future fee waiver applications to affordable housing projects that meet the criteria established by
this Ordinance.
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Introduced, considered favorably on first reading, and ordered published this 5th day of
March, A.D. 2013, and to be presented for final passage on the 19th day of March, A.D. 2013.
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City Clerk
Passed and adopted on final reading on the 19th day of March, A.D. 2013.
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