HomeMy WebLinkAbout096 - 07/16/1996 - AMENDING THE CITY CODE BY AMENDING THE DEFINITIONS OF AFFORDABLE HOUSING PROJECTS AS CONTAINED IN SE r
ORDINANCE NO. 96, 1996
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE DEFINITIONS OF AFFORDABLE HOUSING PROJECTS AS
CONTAINED IN SECTIONS 5-357 AND 26-631 OF THE CITY CODE
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 are deferred until
a certificate of occupancy is issued for the affordable dwelling units; and
WHEREAS, on October 4, 1994, the Council had also adopted Ordinance No. 145, 19949
adding Article IX to Chapter 5 of the City Code and thereby establishing a procedure to allow for
the rebate of impact fees, as defined in said Ordinance, for affordable housing; and
WHEREAS, the recently adopted capital improvement expansion fees are impact fees; and
WHEREAS, pursuant to the authority granted in Section 5-356 of the City Code, the City
Manager is authorized to develop administrative regulations,to be approved by the City Council by
resolution, identifying the particular impact fees that are to be available for rebate and specifying the
procedure for such rebates; and
WHEREAS, on October 4, 1994, the City Council adopted Resolution 94-167 approving
such administrative regulations for the rebate of impact fees for affordable housing; and
WHEREAS,the kinds of affordable housing units for which rebates are to be available under
the above-referenced rebate program are defined in Section 5-357 of the Code; and
WHEREAS,the definition of affordable housing units in Section 5-357 is different than the
definition of said term as contained in the administrative regulations approved under Resolution 94-
167 and different from the definition of an affordable housing project as contained in Section 26-631
of the Code; and
WHEREAS, the City Council believes that it would be in the best interest of the City and
consistent with existing City policy to reconcile all of the foregoing definitions of affordable housing
units and affordable housing projects.
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NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, as follows:
Section 1. That Section 5-357 of the City Code is hereby amended so as to read in its
entirety as follows:
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, (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.
Section 2. That Section 26-631 of the City Code is hereby amended so as to read in its
entirety as follows:
Sec. 26-631. Definitions.
For purposes of this Division, the term affordable housing project shall mean: (1)
a dwelling unit which is 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, (2) a dwelling unit which is 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 or(3) a development project in which at least
fifty(50)percent of the dwelling units are available for rent or purchase on the terms
described above.
Introduced,considered favorably on first reading,and ordered published this 2nd day of July,
A.D. 1996, and to be presented for final passage on the 16th day of Ju '.D. 1996.
yor
ATTEST:
City Clerk
Passed and adopted on final reading this 16th day o y, A.D 1996.
Mayor
ATTEST:
City Clerk