HomeMy Public PortalAboutResolution 08-17 Amending Community Housing Fee Refund PolicyRESOLUTION 08-17
A RESOLUTION OF THE CITY OF McCALL, IDAHO, PROVIDING FOR THE
REFUNDS OF COMMUNITY HOUSING FEES COLLECTED UNDER
ORDINANCES 820, 828 and 833, 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; and
WHEREAS, Title 3, McCall Zoning Code was amended by Ordinances 819 and 820,
creating Section 3.8.21, Community Housing Ordinance; 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 Number 827 on September 28, 2006 and thereby enacted an emergency
moratorium on certain classes of pennits until March 29, 2007; and
WHEREAS, subsequent to adoption of Ordinance Number 827 the McCall City Council
did adopt Ordinance Number 828, pursuant to Idaho Code Section 67-6523, on October
12, 2006. Ordinance Number 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 fonn 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 penints 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 pennits within the City of McCall for a period of 365 days from the time
Ordinance Number 827 expired on March 29, 2007, while continuing the certain noted
exceptions and exceptions incorporated into Ordinance Number 828; and
Resolution 08-17 Page 1
June 26, 2008
WHEREAS, Ordinance 833 declared an interim moratorium on all residential
subdivisions 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
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, there have been eleven (11) requests for refunds by applicants who paid
voluntary fees under Ordinances 827 and 833; and
WHEREAS, the City Council has determined it is 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.
Resolution 08-17 Page 2
June 26, 2008
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 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.
Section 2: Fees paid under Ordinance 820 and voluntary contributions collected
under Ordinances 827 and 833 shall be refunded 100% of the fees paid.
Section 3: Eligible entities requesting the refund shall complete the Community
Housing Fee Refund Request Form to include name, address on building permit, mailing
address, and phone number.
Section 4: Refund requests shall be processed by the Community Development
Administrative Assistant, 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 5: Resolution 08-11 is hereby repealed.
Section 6:
and approval.
This Resolution shall take effect and be in force from and after its passage
Passed and approved this 26th day of June, 2008.
ert Kulesza, Mayor
ATTEST:
"72 w,;`,2-c (
Brenna Chaloupka, Acting City Clerk
Resolution 08-17 Page 3
June 26, 2008