HomeMy WebLinkAbout176 - 10/20/1998 - CHANGING THE DEVELOPMENT IMPACT FEE REBATE PROGRAM TO THE DEVELOPMENT IMPACT FEE OFFSET PROGRAM ORDINANCE NO. 176, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CHANGING THE DEVELOPMENT IMPACT FEE REBATE PROGRAM
TO THE DEVELOPMENT IMPACT FEE OFFSET PROGRAM
WHEREAS, Chapter 5, Article IX of the Code of the City establishes what heretofore has
been referred to as the "Rebate of Impact Fees for Affordable Housing"; and
WHEREAS,the Council has determined that the usage of the word"rebate"in the context
of said Article IX is inaccurate because the reimbursement of impact fees is not made from the funds
into which the impact fees were deposited, but rather is made from the General Fund; and
WHEREAS,the Council has determined that the program established in said Article IX is
more appropriately described as an offset of impact fees and that said Article should be changed
accordingly.
NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 5,Article IX of the Code of the City be and hereby is amended to read in its
entirety as follows:
ARTICLE IX. OFFSET OF IMPACT FEES FOR AFFORDABLE
HOUSING
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 payments made by the city 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 an offsetting payment under this Article to a housing proj ect located outside the
city,and that the project for which the 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.
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 payment
of an amount adequate to fully or partially offset impact fees paid to the city, 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.
Sec. 5-357. Eligible units.
For the purposes of this Article, affordable housing units shall mean: (1)
dwelling units which are available for rent on terms that would be affordable to
individuals earning sixty(60)percent or less of the median income of city residents,
as adjusted for family size,or(2)dwelling units which are available for purchase on
terms that would be affordable to individuals 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 utilities,
principal, interest, taxes and insurance.
Sec. 5-358. No entitlement established.
The provisions of this Article shall not be construed as establishing any right
or entitlement to an offsetting payment for, any impact fees paid by or on behalf of
any applicant. The approval of any offsetting payment plan shall be entirely
discretionary with the City Manager, who shall make such determination in
accordance with the administrative regulations approved by the City Council, and
any offsetting payment to be made under an approved plan shall be subject to
appropriation of the necessary funds by the City Council.
Introduced and considered favorably on first reading and or red published this 6 ay of
October, A.D. 1998, and to be presented for final passage o e 2 day of Octo A.D. 98.
ayor
ATTEST:
t
City Clerk
Passed and adopted on final reading this 20th day of er, . 1998.
r--
'--'Mayor
ATTEST:
O c
City Clerk