HomeMy WebLinkAbout19- Ordinance 2012 Amending Affordable Housing Provisions of Chapter 38, Article 380 of Bozeman Municipal Code w
♦y Co.to
ORDINANCE NO. 2012
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING CERTAIN AFFORDABLE HOUSING PROVISIONS OF
CHAPTER 38, ARTICLE 380 OF THE BOZEMAN MUNICIPAL CODE
WHEREAS,the City adopted Ordinance 1922 adding a new article to Chapter 38,Unified
Development Code ("UDC"), regarding affordable housing ("Affordable Housing Ordinance" or
"AHO") on December 7, 2015; and
WHEREAS, since the adoption of Ordinance 1922 homes have been built and sold
pursuant to the AHO, and the builder has suggested amendments to the AHO to improve its
workability; and
WHEREAS, since the adoption of Ordinance 1922 the Community Affordable Housing
Advisory Board ("CAHAB")has suggested amendments to the AHO; and
WHEREAS, in 2018 the City hired an Affordable Housing Program Manager who has
suggested amendments to the AHO; and
WHEREAS, the Commission's legislative findings in Ordinance 1922 still apply in the
City and adjustments to the AHO are necessary to ensure that article 3 8.3 80 of the UDC fulfills its
purposes as stated in section 38.380.020; and
WHEREAS, the amendments to the AHO were reviewed by CAHAB on July 11, 2018
and August 8, 2018, and CAI AB recommended adoption of the amendments on August 8, 2018;
and
WHEREAS,the amendments to the AHO were reviewed by the Zoning Commission and
Planning Board at a joint meeting on October 16, 2018. The Zoning Commission voted 2:1 to
Page 1 of 14
Ordinance 2012,Amending Affordable Housing Provisions
recommend approval of the proposed amendments and the Planning Board voted 6:0 to
recommend approval of the proposed amendments: and
WHEREAS, a public hearing on the amendments to the AHO was held by the City
Commission on November 19, 2018 and after receiving public comments and deliberating on the
proposal, the City Commission directed two amendments to the provisional text draft.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Section 38.380.020 of the Bozeman Municipal Code be amended as follows:
Sec. 38.380.020. - Purpose.
The purpose of this article is to promote the public health, safety, and welfare by ensuring
that the affordable housing needs of the residents of Bozeman are addressed. In addition, the
purpose of this article is to ensure that quality housing is dispersed throughout Bozeman's
neighborhoods for households of a variety of income levels including low- and moderate-income
residents to meet the goals of the community plan and the action plan by encouraging a mix of
housing types throughout the city and integrating affordable housing so as to not concentrate
affordable housing in a particular area.
In addition,the ordinance is intended to alleviate the impacts that would result from the use
of available residential land solely for the benefit of households that are able to afford market-
rate housing and to mitigate the service burden imposed by households in new market-rate
residential developments by making additional affordable housing available for service
employees. The ordinance is also intended to mitigate environmental and other impacts that
accompany new residential development by reducing traffic, transit and related air quality
impacts,promoting jobs/housing balance and reducing the demands placed on transportation
infrastructure.
The ordinance provides residential developers with a menu of options from which to select
alternatives to the construction of inclusionary units on the same site as market-rate residential
developments, and provides ineei4ives-procedural adjustments and subsidies for housing
Page 2 of 14
Ordinance 2012,Amending Affordable Housing Provisions
developers to ensure houses are constructed and sold in a manner that furthers the city's
affordable housing goals.
Finally, the ordinance provides-procedural adjustments and subsidies for housing
developers who are not legally required to comply with the requirements for construction of
inclusionary housing, but nevertheless choose to construct affordable housing.
Section 2
That Section 38.380.030 of the Bozeman Municipal Code be amended as follows:
Sec. 38.380.030. -Applicability.
A. This article applies to:
1. Subdivisions and site plans which propose ten or more market-rate homes, to be created
through development, new construction, substantial improvement or reuse.
2. Annexations where the net developable area of the annexing parcel when considering the
applicable zoning could result in ten or more dwellings. In such a case, the annexation
agreement shall require the provision of affordable housing pursuant to this article.
3. Developments seeking to use ineepAives procedural adjustments and subsidies to develop
affordable housing.
B. Contiguous tracts under common ownership and control. A developer may not avoid the
requirements for construction of affordable homes by submitting piecemeal applications for
development. At the time of the initial application for approval of a subdivision or site plan,
the developer shall identify all contiguous property under common ownership and control in
the affordable housing plan required by section 38.380.100.
C. Development applications approved prior to the effective date of this article. A site plan or
subdivision having received sufficiency approval as of the effective date of this article or a
preliminary site plan or preliminary plat granted approval prior to the effective date of this
article may apply for one or more of the ineepAives procedural adjustments and subsidies
described herein. Only that portion of the amended preliminary plat or site plan pertaining to
the request for approval of one or more procedural adjustments and subsidies will
Page 3 of 14
Ordinance 2012,Amending Affordable Housing Provisions
be subject to review. The requirements of section 38.19.130 for the amendment of plans will
not apply.
D. Newly proposed residential developments which include affordable housing in excess of this
article's requirements for building affordable homes are eligible fors-procedural
adjustments and subsidies as provided in section 38.380.130. Such request shall require the
preliminary plat or site plan to evidence compliance with all other requirements of this article.
E. Exemptions. Developments comprised exclusively of rental housing units are exempt from
this article.
Section 3
That Section 38.380.040 of the Bozeman Municipal Code be amended as follows:
Sec. 38.380.040.-Definitions.
F. Lower priced home. Newly created dwelling for purchase, priced at a price affordable to
a buyer-household with an income at 70 percent of Area Median Income (AM as determined by
the city in accordance with section 38.380.070 of this article to be affordable to ., household•'it-
FH. Moderate priced home. Newly created dwelling for purchase,priced at a price affordable
to a buyer-household with an income from 70.1 percent to a maximum of 90 percent of AMI as
determined by the city in accordance with section 38.380.070 of this article-affordable a
Section 4
That Section 38.380.060.A of the Bozeman Municipal Code be amended as follows:
The number of affordable homes a developer is required to build is a percentage of the total market-
rate homes proposed in the development plan.
A. The developer may:
Page 4 of 14
Ordinance 201Z Amending Affordable Housing Provisions
1. Build and sell lower-priced homes to qualified buyers. Ten percent of the total dwellings
constructed within the subdivision or site plan must be lower-priced homes, as defined in
38.380.040R, built and sold at price targe4s as established by the eity purstiapA to seetion
34 390 non t households with o at of below Qn r nt f near; or
2. Build and sell moderate-priced homes to qualified buyers. Thirty percent of the total
dwellings proposed must be moderate-priced homes as defined in 38.380.040.H• sold
ineomes from 4 i r ent to inn „ ent of AM!,err; or
3. Build and sell a mix of both types of affordable homes. If a developer proposes a mix of
both lower-priced and moderate-priced homes, the developer starts with the ten percent
calculation for lower-priced homes. For each lower-priced home eliminated from the
resulting number,the developer may substitute three moderate-priced homes.
Section 5
That Section 38.380.070 of the Bozeman Municipal Code be amended as follows:
38.380.070. —Pricing of affordable homes.
A. The city will calculate on an annual basis the maximum sales price a developer may charge
for each category of affordable home required by this article as follows:
1. Lower-priced homes. The sales price for lower-priced homes affordable to buyer-
households with incomes f+om 65 percent to at or below 80 percent of AMI will be
calculated based on a household income of 70 percent of AMI.
C. Household occupancy assumptions. To determine the maximum sales price of affordable
homes with different numbers of bedrooms, the city will base its calculation on the AMIs for
households of different sizes, as follows:
1. Zero bedroom or studio unit—AMI for a one person household;
2. One bedroom unit—AMI for a two-person household;
3. Two bedroom unit—AMI for a two-three-person household; and
4. Three bedroom unit or larger—AMI for a four-person household.
Page 5 of 14
Ordinance 2012,Amending Affordable Housing Provisions
Section 6
That Section 38.380.100.0 of the Bozeman Municipal Code be amended as follows:
Sec. 38.380.100. - Submission of affordable housing plan; approval.
C. Contents of affordable housing plan. The affordable housing plan submitted by the developer
must include, at a minimum:
1. Number of affordable homes proposed in each affordable home category;
2. The number of bedrooms in each affordable home;
3. Number of market-rate homes in the development;
4. The number of bedrooms in each market-rate home;
5. Location of affordable homes in the development (lots in the plat or units within a site
plan);
6. Timing of delivery of the affordable homes in relation to the market-rate homes in the
development;
7. Marketing plan describing how affordable homes will be offered to the public;
8. Plan for construction of affordable homes in phased developments. It is anticipated that
in developments being built in phases,the number of market-rate homes may not be certain
at the time the developer submits the affordable housing plan. In such cases, the developer
must estimate the number of market-rate homes and number of affordable homes for each
phase. If the number of homes in the first phase of such development is certain at the time
of the city's approval of the affordable housing plan, a separate affordable homes pricing
and delivery schedule for that phase shall be incorporated in the affordable housing plan at
the time of development or construction of each subsequent phase. As the number of homes
in future phases becomes certain, the affordable housing plan shall provide for subsequent
affordable homes pricing and delivery schedules for future phases of the development,
consistent with the affordable housing plan; and
9. A description of the procedural adjustments and subsidies requested in the affordable
housing plan.
10. Any other information that is reasonably necessary to evaluate the compliance of the
affordable housing plan with the requirements of this article.
Page 6 of 14
Ordinance 2012,Amending Affordable Horsing Provisions
Section 7
That Section 38.380.130 of the Bozeman Municipal Code be amended as follows:
Sec. 38.380.130. — Procedural adjustments and subsidies available for affordable
housing.
Developers may apply for procedural adjustments and subsidies in conjunction with a
development application by submitting an affordable housing plan pursuant to section 38.380.100.
r7
o� Lower:
priced
priced Mod e
Homes i
. Procedural . homes
Description"
adjustments and n
Full or or partial subsidization of impact fees,paid
from municipal funds if such funds are available;
Impact fee
subsidy
such subsidization must be secured with a lien X X
instrument due upon sale,transfer or non-rate/term
refinance of the home.
Subject to the availability of funds,the city will
provide on a first-come first-served basis, down
payment assistance not to exceed$10,000.00 per
j Down payment home benefiting households. Down-payment X X
assistance assistance will only be provided directly to the
k
qualifying homebuyer. This assistance shall be
secured with a lien instrument due upon sale,
I transfer or non-rate/term refinance of the home.
f
Waive
I,
subdivision �� X X
appheatten
Reduetion Allow a 1:1 square foot r-eduetion in the amount of
Of
size for lower homes. If a developer-pfovides .,r
Page 7 of 14
Ordinance 2012,Amending Affordable Housing Provisions
Moderate-
Lower-priced priced
Homes i
Procedural I homes
adjustments and Description
subsidies 8"
11 90O�a
AA41 AA
e,l b,,,,Y,e.. the
lot afea square footage of the additional lowethan the r-equifed number-of lawer-
par-Mand deedieation.
Der the provisionsthis .,b apter-f .,fF fd b,le homes
r-edueed sized lots. The feduetion in lot size shall be-
allowed to ereate an inerease in maximum tini
densib"beyond the mffldfaum eufr-enlly allowed in
Reduced
,1:s+,a + A subdivision satisfying the
minimum lot X X X
requirements of this article 3 8.3 80 through the
sizes
construction of affordable homes(not by cash in
lieu or land donation)may use any of the minimum
lot area, lot width, and floor area reductions as
described in article 38.320 Form and Intensity
Standards for lots for qualifying homes.
Concurrent construction of infi-astructure and
housing development at the installation of gravel-
Concurrent base roads,provided the developer has provided
infrastructure assurance through a performance bond, letter of X x
housing credit or other financial security acceptable to the
construction City Attorney ensuring the completion of
infrastructure and meets all applicable criteria in
38.270.030.1).
Expo,l:+�
less than 6 units will,e ee e edite,l (3 business
€ si g 1=4=housing
u e r�vereael building pefmitrz r an affordable home,-a
mar-ket fate unitwill reeeive the same expedite
ram.
Page 8 of 14
Ordinance 2012,Amending Affordable Housing Provisions
even Lower-priced Mod
t p �radte
Procedural
Homes
h
Description
omen
adiustments and
subsidies9°, 89% x9b ^
AA AAH
Reduced parking Reduced parking requirement of two spaces per X
requirements three-bedroom dwelling.
a-
This ineefltive is available only ufttil the eity has approved aff6fdable housing plan(s)that inelude the
addition, a developer seeking to use this ineentive may enly do so if the affordable homes at 7-0
pefeent 41 eenstitute no more than ten pereefA of-the total units in a deVelopfflent Of the Uflit is tE)be
provided.
1 The procedural adjustments and subsidies in this column may also be requested for moderate-
priced homes with a sales price affordable to a buyer-household with an income from 70.1
percent to a maximum of 80 percent of AMI as determined by the city in accordance with
section 38.380.070 of this article.
Section 8
That Section 38.380.140 of the Bozeman Municipal Code be amended as follows:
Sec. 38.380.140. —Alternative means of compliance; payments of fees-in-lieu.
B. Allowable alternative means of compliance. If approved by the city, a developer may satisfy
the affordable housing requirements of this article by providing (i) a cash or in-kind payment
in lieu or (ii) a donation of land.
1. Payment of cash in lieu. Payment shall be made to the city of a payment of cash-in-lieu
per a fee schedule adopted annually by the city commission. For each required
affordable home not built,the cash-in-lieu amount will be the difference between the
sales price of a lower-priced home according to the then-current schedule of affordable
Page 9 of 14
Ordinance 2012,Amending Affordable Housing Provisions
home prices and the sales rriee f a market fate home average of the median sales price
of homes within the city with the same number of bedrooms over the two years prior to
the adoption of the schedule. The sale r e f the r,.,a+ket rate heme will be Lased on
median sale pfiee of dwellings of a similar type, loeatien and square footage for the pri
two ors Cash-in-lieu payments shall be paid prior to issuance of a certificate of
occupancy for any dwelling or building in the development subject to this article.
Section 9
That Section 38.380.150 of the Bozeman Municipal Code be amended as follows:
Sec. 38.380.150. —Qualification of buyers of affordable homes.
A. Lower priced Domes. To qualify for purchase of a lower-priced home, a buyer must meet all
the following criteria:
1. A household income in the 65 pefee„*to at or below 80 percent AMI range, as verified
and certified by the city; such certification must have been provided n more than one year
prior to the closing date of the purchase. Income verification will be performed using
HUD's online income certification tool or a similar method that meets Code of Federal
Regulations (CFR) 24 part 5, as amended, which adjusts gross incomes based on
extraordinary expenses and imputation of assets to income.
4. The buyer must meet one of the following definitions of"first-time homebuyer":
c. An affected individual-Ai" defined by HUD as a displaced homemaker, who and
has only owned with a spouse; or
Section 10
That Section 38.380.160 of the Bozeman Municipal Code be amended as follows:
Page 10 of 14
Ordinance 2012,Amending Affordable Housing Provisions
Sec. 38.380.160. —Subsidy recapture for lower-priced homes.
B. Requirement for repayment of non-cash subsidy. Because most oF all lower- prieoa homes
affordable homes which received procedural adjustments or subsidies will be sold at a
discount from market value, defined as the di ff,.enee between the appraised value and th-e
maximum allowed pr-iee of a lower- pr4eed at the time of the initial sa4e to a qualified buyef,
the city commission finds that it gives a subsidy with cash value to the initial buyer which
may be recaptured under certain circumstances. Therefore, upon resale or transfer of a lower-
pr-ieedhome the affordable home,the city aims to further its housing affordability goals by
recapturing the principal amount of the subsidy by use of a lien in favor of the city in that
amount, which will be due and payable to the city, at zero percent interest, when the home is
sold or transferred or when the initial buyer who qualified for the affordable home has failed
to abide by the terms of this article.
C. Determination of non-cash subsidy amount. The community development director
determines the amount of non-cash subsidy based on the difference between 98% of the fair
market value of the affordable home and the sales price of the home. To determine the fair
market value the director ingy rely on market data or analysis or one or more professional
appraisals provided The appraisalused t ,..,i,Mate the amount f subsidy may be the
a! obtaine by the buyer's mortgage lender or, if that; t . ,,;i ble,a pfo f ssio,
^! r,.^vide,a the purchaser, or such other professional appraisal as may be obtained
by the director for this purpose. An appraisal report used for purposes of this section must
provide the fair market value of the affordable home. The commitment letter instructions
provided to the appraiser must include a requirement that the appraiser not use as
comparables other homes that have received subsid(ies)pursuant to this article 380, or
through any affordable housing assistance from the city, State of Montana or federal
program. If such property must be used as a comparable in the appraisal report, the appraiser
must clearly indicate and adjust for the value of such subsidy in determining the fair market
value of such property.
Page 11 of 14
Ordinance 2012,Amending Affordable Housing Provisions
D. Reconsideration of director's determination o�fair market value. Any party involved in the
affordable home sale transaction, including buyer, seller, or the city's agent y request
reconsideration of the director's determination of fair market value of an affordable home. In
the event of such a request, the requesting party mqy provide the city with an appraisal that
meets the requirements of subsection C of this section and/or any other written evidence the
requesting party believes the director should consider in his determination.
Section 11
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 12
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 13
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.
Page 12 of 14
Ordinance 2012,Amending Affordable Housing Provisions
Section 14
Codification.
This Ordinance shall be codified as indicated in Sections 1-10.
Section 15
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
Page 13of14
Ordinance 2012,Amending Affordable Housing Provisions
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 19th day of November, 2018.
C
ayor
ATTEST: ��•B 02 '
if
RO N CR UGH c• -- -
City Clerk 1883
�T1N co.1110
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 14'h day of
January, 2019. The effective date of this ordinance is February 13,2019.
T A L. RU
Mayor
ATTEST:
of B O
ROB CROUGH � r: -
City Clerk
• -== �' =4PRVAS TO FORM:
'�;•, 1883
TAN Co �10
IVAN
City Attorney
Page 14 of 14