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Home My WebLink About027 - 03/15/1994 - AMENDING CITY CODE ESTABLISHING A DEVELOPMENT REVIEW FEE SCHEDULE AND AUTHORIZING WAIVER OF FEES FOR OPTION A ORDINANCE NO. 27, 1994 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 29 OF THE CODE OF THE CITY OF FORT COLLINS TO ESTABLISH A DEVELOPMENT REVIEW FEE SCHEDULE AND AUTHORIZE THE WAIVER OF SUCH FEES FOR AFFORDABLE HOUSING PROJECTS WHEREAS, the "Cost of Development Study" included a study of Planning Fees (now known as Development Review Fees) charged for development-related applications; and WHEREAS, the results of the Planning Fees study and options for increasing fees have been presented to the public for review and comments; and WHEREAS, by Resolution 93-91, Council adopted a fee policy which - estabTishes certain criteria for determining the percentage of cost recovery for City fees, including: the nature of the City services; the nature and extent of the benefit to fee payers; the level of demand for a particular service; and ease of collection; and WHEREAS, the Council has considered the foregoing criteria as applied to Development Review Fees and has determined that the cost recovery level for such fees should generally be 80% of the costs incurred for development review services by all City departments that provide such services, excluding those that recover such costs through other fees or rates (Parks and Recreation, Stormwater Utility, Water and Wastewater Utility and Zoning) ; and WHEREAS, on October 6, 1992, the City Council passed Resolution 92-155 adopting an Affordable Housing Policy, the purpose of which was to strengthen the City's commitment to the provision of affordable housing for low and moderate income residents of the City; and WHEREAS, on July 20, 1993, by Resolution 93-111, the Council directed City staff to develop certain affordable housing implementation strategies; and WHEREAS, Section 4 of Resolution 93-111 called for the establishment of procedures dealing with the payment of development fees for affordable housing projects; and WHEREAS, the promotion of affordable housing serves an important public purpose; and WHEREAS, any increase in the development review fees for affordable housing projects would likely serve as a deterrent to such housing, contrary to the aforementioned affordable housing policies; and WHEREAS, in order to avoid any negative impact on the provision of affordable housing in the City by the foregoing increase in development review fees, the Council believes it to be in the City's best interests to provide for the waiver of such fees for affordable housing projects; and WHEREAS, criteria for identifying affordable housing for low and moderate income citizens presently exist within the guidelines established by the Department of Housing and Urban Development; and WHEREAS, Council wishes to utilize such guidelines to identify those affordable housing projects which should be eligible for the waiver of development review fees. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Sections 29-3, 29-24, 29-516, 29-642, 29-643 and 29-644 of the Code of the City shall be amended as follows: Section 1 . That Section 29-3 be repealed and reenacted as follows: Sec. 29-3 Development Review Fees. (a) Development Review Fees, purpose, review. There is hereby established a Development Review Fee, the purpose of which shall be to recover a portion of the costs incurred by the city in processing, reviewing and recording applications pertaining to development activity within the municipal boundaries of the city. Said fee shall be calculated so as to recover eighty (80) percent of all such costs that are not recovered through other fees or charges (excluding taxes) imposed by the city. The amount of said fee shall be reviewed annually and shall be adjusted by the Council by ordinance on the basis of actual expenses incurred by the city and to reflect the effects of inflation. (b) Development Review Fee Schedule. 1. The Development Review Fee imposed by this Section shall be paid at the time of submittal of any development review application, according to the following schedule: Annexation Petition and Map $1,040.00 Rezoning Petition 856.00 Overall Development Plan 1,400.00 Preliminary PUD Plan 1,472.00 Final PUD Plan 2,808.00 Minor Subdivision Plat 896.00 Preliminary Subdivision Plat 1,312.00 Final Subdivision Plat 2, 176.00 RF/RC Site Plan 2,544.00 RH/RM Site Plan 976.00 Group Home Review 920.00 Non-Conforming Use Review 1,216.00 IL/IP Site Plan 1,640.00 Administrative Change 168.00 Extension Request 496.00 Notification Fee .50 per notice mailed 2 2. Preliminary or Final Subdivision Plats submitted concurrently with a Preliminary or Final PUD Plan, RF/RC Site Plan, RH/RM Site Plan, Non-Conforming Use Review, or IL/IP Site Plan shall be charged one-half of the Preliminary or Final Subdivision Plat fee. 3. Applications submitted as combined preliminary and final plans or plats shall be charged the applicable fee for a final plan or plat. (c) Applications relating to the review of affordable housing projects shall be totally or partially exempt from the fees imposed under this Section according to the following guidelines: 1. The fees imposed under this Section shall be entirely waived for projects in which at least fifty-one (51) percent of the dwelling units are available for rent or purchase on terms which 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 (30) percent of their gross income for housing, including utilities. 2. The fees imposed under this Section shall be reduced by one-half (1/2) if at least fifty-one (51) percent of the dwelling units within the project are available for rent or purchase on terms which would be affordable to individuals earning more than eighty (80) percent but less than ninety-five (95) percent 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 utilities. 3. In order to determine whether a housing project is eligible for a total or partial waiver of fees under this subparagraph, any applicant seeking such total or partial waiver must submit documentation evidencing the eligibility of the project to the city's Planning 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 project. At that time, prior to the issuance of any certificate of occupancy for the project, a final determination shall be made by the Planning Director as to whether the project qualifies for a total or partial waiver of the fees. In the event that the Planning Director determines that the project does not so qualify, all such fees shall be due and payable prior to the issuance of the first certificate of occupancy. Section 2. That Section 29-24_ of the- Code- of the- r_ity_ i s— hereby- repeal.Pd::- 3 Section 3. That Section 29-516 of the Code of the City is hereby repealed, with the remaining Section renumbered accordingly. ' Section 4. That Section 29-642(b) (1) of the Code of the City is hereby amended to read as follows: Sec. 29-642. Preliminary plat review. (b) (1) The subdivider shall provide the Director of Planning with twenty (20) copies of the preliminary plat. The Director shall, when appropriate, furnish the following agencies and offices with a copy of such plat for review and comments: . . . . Section 5. That Section 29-643(a) of the Code of the City is hereby amended to read as follows: Sec. 29-643. Final plat review. (a) After approval of the preliminary plat, and within the time that such approval is still valid, the subdivider shall present the final plat to the Director of Planning. The subdivider shall supply the original signed final plat and twenty (20) copies to the Director. Section 6. That Section 29-644(b) (1) of the Code of the City is hereby amended to read as follows: Sec. 29-644. Minor subdivisions. (b) (1) The applicant for approval of a minor subdivision shall submit an application for the subdivision which shall contain such information as may be required by the Planning Director and twenty (20) blue-or black-line prints on twenty-four by thirty-six inch (24" x 36") paper. The director may require the submission of separate site and utility plans for the construction of any improvements required or proposed, together with a traffic study, drainage and grading plans and report for the site, and such other plans and documents as are necessary for a full and proper review of the application. Section 7. Effect of Ordinance. This Ordinance shall become effective for all applications filed pursuant to Chapter 29 on or after the first day of April , 1994. 4 Introduced, considered favorably on first reading, and ordered published this 15th day of February, A.D. 1994, and to be presented for final passage on the 15th day of March, A.D. 1994. i ATTEST: May City Clerk 4 (1) Passed and adopted on final reading this 1 day of March, A 1994. ATTEST: Mor City Clerk 5