HomeMy WebLinkAbout065 - 05/04/1999 - AMENDING RESOLUTION 1996-073 AND THE CITY CODE TO EXEMPT ANY HOUSING AUTHORITY FROM THE REQUIREMENT ORDINANCE NO. 65, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING RESOLUTION 96-73 AND AMENDING CHAPTER 7.5, ARTICLE III OF
THE CITY CODE, SO AS TO EXEMPT ANY HOUSING AUTHORITY ESTABLISHED
PURSUANT TO STATE STATUTE FROM THE CITY'S REQUIREMENT TO DEDICATE
LAND FOR SCHOOL SITE PURPOSES OR PAY A FEE IN LIEU OF SUCH DEDICATION
WHEREAS,the City has entered into intergovernmental agreements(the"Agreements")on
or about April 21, 1998 with the Poudre School District and the Thompson R24 School District;and
WHEREAS, the Agreements, and Ordinance No. 74, 1998 (the "Ordinance"), which was
enacted by the Council of the City of Fort Collins pursuant to the Agreements, provide for the
regulation of all new residential development in the City of Fort Collins by requiring the dedication
of land for future school sites or the payment of fees in lieu of such dedication; and
WHEREAS, a certain amount of new development in the City is undertaken by the Fort
Collins Housing Authority for the purpose of providing affordable housing to the low income
residents of the City and the provision of such housing serves an important public purpose; and
WHEREAS,pursuantto§§29-4-213 and29-4-226,C.R.S.,respectively,housing authorities
in Colorado are subject to the planning, zoning, sanitary and building laws, ordinances and
regulations applicable to the locality in which their prof ects are situated,but such housing authorities
are exempt from the payment of any taxes or fees to the state or any subdivision thereof, and
WHEREAS,for the foregoing reasons,the parties hereto believe that it would be in the best
interests of the City and the School District to exempt projects of the Fort Collins Housing Authority
from provisions of the Agreement and the Ordinance; and
WHEREAS, by Resolution 96-73, the City Council has exempted the Fort Collins Housing
Authority from the payment of certain capital improvement expansion fees enumerated therein;and
WHEREAS, said Resolution should be amended so as to add an exemption pertaining to the
above-referenced fee in lieu of dedication.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the definition of`Building Permit"as contained in Section 7.5-17,of the
Code of the City of Fort Collins as follows:
Buildingpermit shall mean the permit required for new construction and additions
pursuant to §2.132(A) of the Land Use Code. The term building permit, as used
herein, shall not be deemed to include permits required for Land Development
Projects (or portions thereof) of any housing authority organized pursuant to the
provisions of§29-4-101,et seq.,C.R.S.,also known as"The City Housing Law,"nor
shall it include permits required for remodeling,rehabilitation or other improvements
to an existing structure or rebuilding a damaged or destroyed structure unless: (1)in
the case of residential use, such remodeling, expansion or improvements results in
the creation of one(1)or more new dwelling units,or(2)in the case of a commercial
or industrial use, such remodeling, expansion or improvement increases the gross
square footage of the existing structure(s).
Section 2. That Resolution 96-73 of the Council of the City of Fort Collins is hereby
amended so that any housing authority organized pursuant to the provisions of§29-4-101, et seq.,
C.R.S., shall be exempt from the payment of any of the following fees to the City of Fort Collins:
A. Appeal fees;
B. Building permit fees,
C. Development review fees;
D. Parkland fees;
E. Plan check fees;
F. Street oversizing fees-
G. Vested property right fees;
H. Zoning variance fees;
I. Community Parkland Capital Improvement Expansion Fee;
J. Library Capital Improvement Expansion Fee;
K. Police Capital Improvement Expansion Fee,
L. Fire Protection Capital Expansion Fee;
M. General Government Capital Improvement Expansion Fee; and
N. Fee in Lieu of School Site Dedication.
Section 3. That the foregoing exemption for Land Development Projects of housing
authorities provided for above shall apply to all bousing authority projects, whenever constructed.
Introduced, considered favorably on first reading, and ordered published this 20th day of
April, A.D. 1999, and to be presented for final passage on the 4th day of May, A.D. 1999.
Mayor y
ATTEST:
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City Clerk
Passed and adopted on final reading this 4th day of May, A.D. 1999.
Mayor
ATTEST:
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City Clerk