HomeMy Public PortalAboutResolution 08-11 Community Housing Fee Refund Policy - signedRESOLUTION 08-11
A RESOLUTION OF THE CITY OF McCALL, IDAHO, PROVIDING FOR THE
REFUNDS OF COMMUNITY. HOUSING FEES COLLECTED UNDER ORDINACE
820, PROVIDING FOR RELATED MATTERS, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, an ordinance of the City of McCall, Idaho amending 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.
WHEREAS Title 3, McCall Zoning Code was amended by adding Section 3.8.21,
Community Housing Ordinance.
WHEREAS, the City of McCall collected approximately $79,000 from Community
Housing fees under Ordinance 820.
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 force and effect.
WHEREAS, the City Council decided not to appeal the decision of the Mountain Central
Board of Realtors, Inc. vs. the City of McCall.
NOW, THEREFORE, it is resolved by the Mayor and City Council of the City of
McCall, Valley County, Idaho, as follows:
Section 1: McCall City Council finds Community Housing Fee refunds shall be
issued to those entities who paid the fees according MCC 3.8.21 under the requirements
of Ordinance 820.
Section 2: Community Fees paid under the Ordinance 820 shall be refunded 100% of
the fees paid.
Section 3: Mandatory Community Housing fees paid under Ordinance 820 between
February 23, 2006 and September 27, 2006 are eligible for the refund.
Section 4: Voluntary Community Housing Fees paid between October 12, 2006 and
March 27, 2008 provided mitigation or gave voluntary contributions under the terms of
Ordinance No. 833. These fees are not eligible for refunds under the terms of this refund
policy.
Resolution 08-11 1
Section 5: Eligible entities requesting the refund of Community Housing fees shall
complete the Community Housing Fee Refund Request Form to include name, address on
building permit, mailing address, and phone number.
Section 6: Refund requests shall be processed by the Community Development
Administrative Assistance, signed by the Planning Manager, and the refund shall be
issued within 20 days after the submittal of a completed Community Housing Fee Refund
Request Form.
Section 7: This Resolution shall take effect and be in force from and after its passage
and approval.
Passed and approved this 24th day of April, 2008.
ert Kulesza, Mdyor
Laura Scott, Council President
ATTEST:
Brenna Chaloupka, Acting Cit
Resolution 08-11 2