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HomeMy WebLinkAbout095 - 07/16/1996 - AMENDING CITY CODE PERTAINING TO THE DEFERRAL OF CAPITAL IMPROVEMENT EXPANSION FEES ORDINANCE NO. 95, 1996 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE VI OF CHAPTER 29 OF THE CODE OF THE CITY OF FORT COLLINS BY THE ADDITION OF A NEW SECTION PERTAINING TO THE DEFERRAL OF CAPITAL IMPROVEMENT EXPANSION FEES WHEREAS,on May 21, 1996,the Council of the City of Fort Collins adopted Ordinance No. 51, 1996,enacting certain capital improvement expansion fees to be paid by the developers of real property in the City upon the issuance of building permits, as defined in said Ordinance; and WHEREAS, on May 17, 1994,the City Council had previously adopted Ordinance No. 66, 1994, adding Section 29-631 to the City Code and authorizing a delay in the collection of certain city development impact fees for affordable housing, so that the payment of such fees may be deferred until a certificate of occupancy is issued for the affordable dwelling units; and WHEREAS,the provision of affordable housing serves an important public purpose, and the additional fees payable under Ordinance No. 51, 1996, could restrict the supply of available housing for City residents; and WHEREAS,the recently adopted capital improvement expansion fees are impact fees; and WHEREAS, the City Council believes that it would be in the best interest of the City and consistent with existing City policy to amend the City Code to allow the payment of capital improvement expansion fees for affordable housing units to be deferred until the issuance of certificates of occupancy for those units. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: That Article VI of the City Code,pertaining to capital improvement expansion fees, is hereby amended by the addition of a new Section 29-701 and the renumbering of all subsequent sections. Sec. 29-701. Deferral of fees for affordable housing. With respect to any building permit for a dwelling unit which is contained within or which contains an affordable 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(s) 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. 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. Introduced,considered favorably on first reading, and ordered published this 2nd dav,of July, A.D. 1996, and to be presented for final passage on the 16th da u y, D 6. 1 ayor ATTEST: City Clerk Passed and adopted on final reading this 16th day uly, A.D 96. Mayor ATTEST: City Clerk