HomeMy Public PortalAboutResolution 09-10 2nd Amendment to Community Housing Fee Refund Policy _2_ with revisions - signed
Resolution 09-10 Page 1
November 4, 2009
RESOLUTION 09-10
A RESOLUTION OF THE CITY OF McCALL, IDAHO, ELIMINATING REFUNDS
OF COMMUNITY HOUSING FEES COLLECTED UNDER ORDINANCES 820, 828
and 833, PROVIDING FOR RELATED MATTERS, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Ordinance 820 amended the City of McCall Zoning Code, Title 3 to require
a community housing fee to be paid for each new residential dwelling unit was adopted
on February 23, 2006; and
WHEREAS, on September 25, 2006 the City of McCall was served with a lawsuit by the
Mountain Central Board of Realtors, who were seeking to overturn Ordinances 819 and
820; and
WHEREAS, the uncertainty caused by the lawsuit significantly diminished the City’s
ability to provide a reasonable supply of community housing to preserve the health,
safety and welfare of the citizens of the community during a period of rapid growth of the
community; and
WHEREAS, pursuant to Idaho Code Section 67-6523, the McCall City Council adopted
Ordinance 827 on September 28, 2006 and thereby enacted an emergency moratorium on
certain classes of permits until March 29, 2007; and
WHEREAS, subsequent to adoption of Ordinance 827 the McCall City Council did adopt
Ordinance 828, pursuant to Idaho Code Section 67-6523, on October 12, 2006. Ordinance
828 replaced Ordinance 827 for purpose of exempting certain housing noted in MCC
3.8.21(C) as well as to afford individuals the opportunity to mitigate the effect that
construction of their residence or subdivision will have upon the need for workforce or
community housing in McCall Idaho by allowing applicants to offer a form of affordable
housing mitigation; and
WHEREAS, pursuant to Idaho Code Section 67-6524, the City may adopt an interim
moratorium on certain classes of building permits for a period not to exceed three
hundred and sixty five (365) days; and
WHEREAS, the McCall City Council adopted Ordinance 833, pursuant to Idaho Code
Section 67-6524, providing an interim moratorium on residential subdivision approvals
and building permits within the City of McCall for a period of 365 days from the time
Ordinance 827 expired on March 29, 2007, while continuing the certain noted exceptions
and exceptions incorporated into Ordinance 828; and
WHEREAS, Ordinance 833 declared an interim moratorium on all residential
subdivision, and residential building permit applications within the City, except the
following: housing which is exempt according to McCall City Code 3.8.21(C), and any
other subdivision or building permit application which is accompanied by a proposal to
Resolution 09-10 Page 2
November 4, 2009
mitigate the effect the development of such subdivision or construction and/or occupancy
of such residence will have that will increase the need for community/workforce housing
in McCall; and
WHEREAS, Ordinance 833 required City staff to evaluate the mitigation proposals and
make a decision whether to accept or reject the proposed mitigation; a denial of a
proposal, which results in denial of the building permit or subdivision application, could
be appealed to the City Council. Ordinance 833 did not apply to complete applications
for preliminary plat or building permit approval which were filed prior to September 28,
2006, or applications for final plat approval of property included in the said preliminary
plats as approved prior to that date; and
WHEREAS, Ordinance 833 became effective March 29, 2007 and expired March 27,
2008; and
WHEREAS, the City of McCall collected approximately $79,000 in Community Housing
fees under Ordinance 820. There were a total of 56 building permits issued under
Ordinance 820; and
WHEREAS, the City of McCall collected $77,732 in voluntary fees under moratorium
Ordinances 827 and 833; there were a total of 45 building permits issued under
Ordinances 827 and 833; and
WHEREAS, on February 19, 2008, the City received the Memorandum Decision and
Order from the District Court on the Mountain Central Board of Realtors, Inc. vs. the
City of McCall on the Community Housing Ordinances. The judge concluded that
Ordinance 819 (Inclusionary Housing Ordinance) and Ordinance 820 (Community
Housing Fee) to be void and of no force and effect; and
WHEREAS, the City Council decided not to appeal the decision of the Mountain Central
Board of Realtors, Inc. vs. the City of McCall; and
WHEREAS, on April 24, 2008 the City Council adopted Resolution 08-11 authorizing
the refund of Community Housing fees collected under Ordinance 820; and
WHEREAS, the City Council determined it was in the best interest of the community to
refund the voluntary fees collected under Ordinances 827 and 833 to applicants wishing
to rescind their offer to pay the voluntary fee and adopted Resolution 08-17; and
WHEREAS, Community Housing Fee refunds were issued upon request to those entities
that paid the fees according MCC 3.8.21 under the requirements of Ordinance 820 or
made voluntary contributions under Ordinances 827 and 833 and who now wish to
rescind their previously accepted offer to pay a voluntary fee; and
WHEREAS, refund requests were processed by the Community Development
Administrative Assistant, signed by the Community Development Director, and the
refund were issued within 20 days after the submittal of a completed Community Housing
Fee Refund Request Form and the fees paid and funded 100% when requested; and
WHEREAS, eligible entities have had more than 18 months to request a refund under
Ordinance 820 and 16 months to request a refund under Ordinances 827 and 833; and
WHEREAS, the City of McCall has refunded a total of 45 refund requests that add up to
approximately $75, 248; and
WHEREAS, sufficient time has been provided to eligible entities to request refunds for
Community Housing Fees; and
WHEREAS, City of McCall auditors recommended it is in the best interest of the City to
have an end date for a refund policy.
NOW, THEREFORE, it is resolved by the Mayor and City Council of the City of
McCall, Valley County, Idaho, as follows:
Section 1: Fees paid under Ordinance 820 and voluntary contributions collected
under Ordinances 827 and 833 shall no longer be refunded.
Section 2: Resolution 08-17 is hereby repealed.
Section 3: This Resolution shall take effect and be in force from December 31, 2009
and after its passage and approval.
Passed and approved this 4 day of November, 2009.
rt Kulesza, M yor
Resolution 09-10
November 4, 2009
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