HomeMy WebLinkAbout1996-075-07/02/1996-ADMINISTRATIVE REGULATIONS AFFORDABLE HOUSING AMENDING CAPITAL IMPROVEMENT EXPANSION FEES REBATE RESOLUTION 96-75
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CERTAIN ADMINISTRATIVE REGULATIONS TO ALLOW FOR THE
REBATE OF CAPITAL IMPROVEMENT EXPANSION FEES FOR AFFORDABLE
HOUSING
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, on October 4, 1994,the Council had also adopted Ordinance No. 145, 1994,
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,the provision of affordable housing serves an important public purpose,and the
increased amount of fees payable under Ordinance No. 51, 1996, could restrict the supply of
available housing for City residents; 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,City staff and the City's Affordable Housing Board have recommended that the
amount of rebate available through the rebate program be increased to reflect the increase in fees
caused by the adoption of the capital improvement expansion fees; 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; and
WHEREAS, the City Council believes that it would be in the best interest of the City and
consistent with existing City policy to: (1) add the capital improvement expansion fees to the list of
impact fees that are subject to the Affordable Housing Rebate Program as described in the
administrative regulations previously approved by the Council, (2)increase accordingly the amount
of rebate available to affordable housing projects; and (3) and reconcile all of the foregoing
definitions of affordable housing units and affordable housing projects.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, as follows:
Section 1. That Exhibit "A" to Resolution 94-167 is hereby amended in the following
respects:
a. Section I, Background and Purpose, shall read in its entirety as
follows:
The Development Impact Fee Rebate Program exists for the purpose of stimulating
the private,public and non-profit development of affordable housing. This document
outlines the provisions and processes by which applicants can request a partial rebate
of development impact fees paid for affordable housing. For the purpose of this
program, affordable housing 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
(38)percent of their gross income for housing, including utilities, principal, interest,
taxes and insurance".
b. Section III.C., pertaining to Eligible Fees, shall be amended so as to
read in its entirety as follows:
Fees eligible for rebate are limited to the following:
Water Plant Investment Fee
Water Rights Acquisition Fee
Sewer Plant Investment fee
Street Oversizing Fee
Storm Drainage Fee
Parkland Fee
Community Parkland Capital Improvement Expansion Fee
Library Capital Improvement Expansion Fee
General Government Capital Improvement Expansion Fee
Police Capital Improvement Expansion Fee
Fire Capital Improvement Expansion Fee
C. Section IV.D., pertaining to Program Requirements for Rental
Projects, shall be amended so as to read in its entirety as follows:
D. For rental projects:
(1) Rental units eligible for the rebate program shall be defined as "dwelling
units which are available for rent on terms that would be affordable to
individuals earning sixty percent(60%) or less of the median income of City
residents, as adjusted for family size."
Rent restriction. For a unit to qualify as an affordable housing unit, gross
rent per month may not exceed the following rent schedule. Said rent
schedule shall be determined by the Director of Planning upon receipt of the
annual establishment by HUD of the Area Median Income for Fort Collins.
GROSS RENTS BY PERCENTAGE OF AREA MEDIAN INCOME
(This tabulation is established annually by the Director of Planning
based upon the Area Median Income established by HUD.)
Maximum 30% 35% 40% 45% 50% 55% 60%
Rebate
per Unit $5120 $4390 $3660 $2920 $2190 $1460 $730
d. Section IV.E., pertaining to Program Requirements for
Homeownership Projects, shall be amended so as to read in its entirety as follows:
E. For homeownership projects:
(1) Ownership units eligible for the program shall be defined as"dwelling units
which are available for purchase on terms that would be affordable to
individuals earning eighty percent (80%) or less of the median income of
City residents, as adjusted for family size and paying less than thirty-eight
percent(38%)of their gross income for housing,including utilities,principal,
interest, taxes and insurance."
All units designated as"affordable" must become the principal residence of
an owner whose family qualifies as a low-income family (80% or less of
Area Median Income) at the time of purchase. The percentage of Area
Median Income tabulation shall be established by the Director of Planning
annually upon the receipt of the Area Median Income for Fort Collins from
HUD.
PERCENTAGE OF AREA MEDIAN INCOME
(This tabulation is established annually by the Director of Planning
based upon the Area Median Income established by HUD.)
Maximum 30% 40% 50% 60% 70% 80%
Rebate
per Unit $5120 $3660 $2920 $2190 $1460 $730
Passed and adopted at a regular meeting of the Council' , City of F oll n held this
2nd day of July, A.D. 1996.
ayor
TTEST-
City Clerk