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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 Page 3