HomeMy WebLinkAbout07-18-16 CC Mtg - A4. Ord 1954 Provisional, Inclusional Housing Effective Date Revision
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Wendy Thomas, Community Development Director
SUBJECT: Provisional adoption of Ordinance 1954 amending Section 10 of
Ordinance 1922, Inclusionary Housing, to revise the effective dates
within the contingencies section of Ordinance 1922, to extend the dates by one calendar year.
MEETING DATE: July 18, 2016
AGENDA ITEM TYPE: Action
RECOMMENDED MOTION: “Having reviewed the presented information, considered public
comment, and considered all of the information presented, I hereby move to provisionally adopt Ordinance 1954, amending Section 10 of Ordinance 1922, Inclusionary Housing, to revise the effective dates within the contingencies section of Ordinance 1922.”
BACKGROUND: The City Commission held a public hearing on September 21 and
November 16, 2015 and adopted Ordinance 1922 on December 7, 2015. The ordinance proposed a two part program. The first phase of the program would be a voluntary program with incentives and goals for the creation of affordable housing. The second phase of the program
would become effective when the housing creation goals were listed in Section 10 of Ordinance
1922 were not met. Specific dates and goals for housing creation were included in the ordinance,
as shown below. The Ordinance included an effective date of February 5, 2016. Effective date – Contingent effective date.
Sections 1 and 2 of this Ordinance shall be in full force and effect sixty (60)
days after final adoption. Section 3 of this Ordinance shall be effective 30
days following the occurrence of any one of the following contingencies:
i. If less than 14 (fourteen) affordable homes, as defined in Section 2 of
this Ordinance, are constructed and sold as single household detached
dwellings or townhomes and sold cumulatively throughout the city prior to
September 12, 2016 and of these 14 affordable homes no less than four (4)
qualify as lower-priced homes; or
ii. If less than 27 (twenty seven) affordable homes, as defined in Section
2 of this Ordinance, are constructed and sold as single household detached
dwellings or townhomes and sold cumulatively throughout the city prior to
June 12, 2017 and of these 27 affordable homes no less than seven (7) qualify
as lower-priced homes; or
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iii. If less than 54 (fifty four) affordable homes, as defined in Section 2 of
this Ordinance, are constructed and sold as single household detached
dwellings or townhomes and sold cumulatively throughout the city prior to
December 12, 2017 and of these 54 affordable homes no less than 12 (twelve)
qualify as lower-priced homes.
On May 18, 2015, staff had proposed the idea of an innovative housing ordinance be an implementing program for the affordable housing program and be included in the incentives. On
June 27, 2016, the City Commission approved the first reading of the Cottage Housing
Ordinance, Ordinance 1952, as an implementing program that incentives the creation of
affordable housing. Based on the timing of the adoption and effective date of the Cottage
Housing Ordinance, staff is proposing that Ordinance 1922 be amended to revise the dates upon which the voluntary program becomes a mandatory program in order to allow property owners to
utilize this new incentive program to create affordable housing.
To date, six single household units have been approved under an affordable housing plan. All of
these homes were moderate priced homes and constructed by one builder.
UNRESOLVED ISSUES: None
ALTERNATIVES: As directed by the Commission
FISCAL EFFECTS: The proposed changes are not anticipated to have any fiscal impact not anticipated by adoption of Ordinance 1922.
Attachments: Ordinance 1954
Ordinance 1922
Report compiled on: June 27, 2016
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Ordinance 1954 Page 1 of 4
ORDINANCE NO. 1954
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING SECTION 10 OF ORDINANCE 1922, INCLUSIONARY
HOUSING, TO REVISE THE EFFECTIVE DATES WITHIN THE CONTINGENCIES
SECTION OF ORDINANCE 1922 AND PROVIDING AN EFFECTIVE DATE
WHEREAS, The City Commission of the City of Bozeman adopted Ordinance 1922 on
December 7, 2015; and
WHEREAS, Ordinance 1922 contained provisions to incentivize the creation of affordable
housing through expedited permitting, down payment assistance, impact fee payments and the
commitment to create an innovative housing ordinance; and
WHEREAS, The City Commission of the City of Bozeman adopted Ordinance 1952, Cottage
Housing Ordinance on July 11 to create an innovative housing program; and
WHEREAS, Development entitlement utilizing the innovative housing program would take six
to eight weeks, and
WHEREAS, Ordinance 1952 will become effective on August 11, 2016, there is not adequate
time for property owners to use this important incentive before the contingency date in
Ordinance 1922 of September 12, 2016.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
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Ordinance 1954 Page 2 of 4
Section 3 of Ordinance 1922 shall be effective 30 days following the occurrence of any
one of the following contingencies:
i. If less than 14 (fourteen) affordable homes, as defined in Section 2 of this Ordinance,
are constructed and sold as single household detached dwellings or townhomes and
sold cumulatively throughout the city prior to September 12, 20167 and of these 14
affordable homes no less than four (4) qualify as lower-priced homes; or
ii. If less than 27 (twenty seven) affordable homes, as defined in Section 2 of this
Ordinance, are constructed and sold as single household detached dwellings or
townhomes and sold cumulatively throughout the city prior to June 12, 20178 and of
these 27 affordable homes no less than seven (7) qualify as lower-priced homes; or
iii. If less than 54 (fifty four) affordable homes, as defined in Section 2 of this Ordinance,
are constructed and sold as single household detached dwellings or townhomes and
sold cumulatively throughout the city prior to December 12, 20178 and of these 54
affordable homes no less than 12 (twelve) qualify as lower-priced homes.
Section 2
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City.
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Ordinance 1954 Page 3 of 4
Section 5
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the _____ day of ________________, 2016.
____________________________________
CARSON TAYLOR
Mayor
ATTEST:
____________________________________
ROBIN CROUGH
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2016. The effective date of this ordinance is __________, __, 2016.
____________________________________
CARSON TAYLOR
Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
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Ordinance 1954 Page 4 of 4
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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