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Home My WebLink About07-25-16 CC Mtg - A1. Ordinance 1954 - Inclusionary Housing Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Wendy Thomas, Community Development Director SUBJECT: Continuation of discussion of provisional adoption of Ordinance 1954 amending Section 10 of Ordinance 1922, Inclusionary Housing, to extend the effective dates within the contingencies section of Ordinance 1922 MEETING DATE: July 25, 2016 AGENDA ITEM TYPE: Action The City Commission opened this action item at its regular meeting on July 18, 2016. The Commission heard the staff presentation, asked questions of staff, asked for public comment, of which there was none, and closed the public comment. Deputy Mayor Andrus made the following motion: “Having reviewed the presented information, considered the 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.” The motion was seconded. As proposed, Ordinance 1954 would extend each of the contingent effective dates in Section 10 of Ordinance 1922 by one calendar year. After some discussion, a motion was made to amend the underlying motion to extend the contingency dates in Ordinance 1922 as follows: “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 June 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 90 dwellings or townhomes and sold cumulatively throughout the city prior to June September 12, 2017 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 October 12, 20178 and of these 54 affordable homes no less than 12 (twelve) qualify as lower-priced homes.” The motion to amend the underlying motion was seconded. A motion was then made and seconded to continue the discussion of this action item to the next regular meeting of the City Commission on July 25, 2016. The motion to continue the item was unanimously approved. BACKGROUND: Please see the July 18, 2016 staff memo for background information on proposed Ordinance 1954. 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: July 19, 2016 91 Ordinance 1954 Page 1 of 3 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 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 92 Ordinance 1954 Page 2 of 3 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. Section 5 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 93 Ordinance 1954 Page 3 of 3 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 APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135