HomeMy WebLinkAbout08-08-16 CC Mtg - C9. Ordinance 1954, Inclusionary Housing
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Mayana Rice, Associate Planner
SUBJECT: Final Adoption of Ordinance 1954, amending Section 10 of Ordinance
1922, Inclusionary Housing, to revise the effective dates within the
contingencies section.
MEETING DATE: August 8, 2016
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Final adoption of Ordinance 1954 amending the effective dates
within Section 10 of Ordinance 1922.
BACKGROUND: The City Commission held a public hearing during its regular meetings on July 18 and July 25, 2016 to discuss the provisional adoption of Ordinance 1954. Ordinance
1954, as amended to revise the proposed effective dates of the contingencies listed in Section 10
of the Inclusionary Housing Ordinance, was provisionally adopted by a unanimous vote of 4-0
on July 25, 2016.
UNRESOLVED ISSUES: None
ALTERNATIVES: As directed by the Commission
FISCAL EFFECTS: None identified
Attachments: Ordinance 1954
Report compiled on July 26, 2016
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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, and 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
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Ordinance 1954 Page 2 of 3
sold cumulatively throughout the city prior to June 12, 2017 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 November 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 October 12, 2018 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.
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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 25th day of July, 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 8th of
August, 2016. The effective date of this ordinance is September 7, 2016.
____________________________________
CARSON TAYLOR
Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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