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HomeMy WebLinkAbout24529 Notice NOTICE OF PUBLIC HEARINGS TO CONSIDER APPLICATION 24529, A TEXT AMENDMENT TO REPEAL AND REPLACE DIVISION 38.380 AFFORDABLE HOUSING, AMEND SECTION 38.540.040.A.1.b TO ADJUST PARKING CALCULATIONS IN ACCORDANCE WITH NEW PROVISIONS OF DIVISION OF 38.380, AND AMEND SECTION 38.700.170 TO REMOVE A REFERENCE TO YIELD STREETS WITHIN THE DEFINITION OF “STREET TYPES.” . The City of Bozeman provides notice of a proposal to amend its land use and development regulations within Chapter 38 of the Bozeman Municipal Code (BMC) related to affordable housing incentives. The proposed text amendments are described below. On Monday, January 13, 2025, at 6:00 p.m., the Community Development Board acting in their capacity as the Zoning Commission will conduct a public hearing on these amendments to municipal code in the Commission Room at City Hall, 121 N. Rouse Ave. Bozeman MT. Remote electronic participation may also be available. Instructions for participating remotely will be included on the meeting agenda. The agenda is available at https://www.bozeman.net/meetings at least 48 hours prior to the meeting. A report from the staff analyzing compliance with all required criteria will be included with the packet materials available through the electronic agenda. On Tuesday, January 28, 2025 at 6:00 p.m., The City Commission will conduct a public hearing on these amendments to the municipal code in the Commission Room at City Hall, 121 N. Rouse Ave. Bozeman MT. Remote electronic participation may also be available. Instructions for participating remotely will be included on the meeting agenda. The agenda is available at https://www.bozeman.net/meetings at least 48 hours prior to the meeting. The purpose of the public hearings is to consider the proposed amendments as advanced by the Housing Division of the Economic Development Department in response to public comments and recommendations offered by the public and the City Commission at their August 20, 2024, work session on the Affordable Housing Ordinance. The amendments will: 1. Repeal BMC Division 38.380, Affordable Housing, in its entirety. Replace with a new Division 38.380, Affordable Housing, to set forth an incentive-based program for creation of affordable rental housing. 2. Establish three tiers of minimum affordability requirements, which correspond to three tiers of incentives available for the creation of affordable rental dwelling units. Three tables set forth the minimum number of affordable dwellings that must be provided and the maximum amount of rent that can be charged as calculated based on the area median income (AMI) to qualify for corresponding levels of incentives. 3. Establish three tiers of incentives that include, but are not limited to, more permissive form and intensity standards such as increased building height, decreased lot coverage, floor area ratios, and decreased lot sizes, and decreased automobile parking requirements, depending on the type of affordable dwelling unit provided and the zoning district in which it is located . 4. Require all rental affordable housing to remain affordable for a duration of at least 50 years. 5. Provide an application process, including the requirement to provide an affordable housing plan, a review and approval process, and a process to ensure compliance with requirements of this affordable housing ordinance and the affordable housing plan specific to each application. 6. Provide development standards for affordable rental dwellings, including but not limited to, ensuring that affordable units are of the same building quality, contain the same mix of bedroom types, and have access to shared amenities as a market rate rental dwelling in the development. Additionally, proposed standards require a one-bedroom dwelling to be greater than or equal to 450 square feet and contain a solid door separating the bedroom from other living areas. 7. Provide alternatives to providing constructed affordable rental dwellings, including donating land to the City and paying cash-in-lieu to the City’s community housing fund to support the creation or preservation of affordable housing. 8. Allow the adoption of administrative rules and regulations to effectively operate and enforce Bozeman Municipal Code provisions related to affordable housing. 9. Provide a process to notify persons of noncompliance with an affordable housing plan or city regulations and provide sanctions for noncompliance including, but not limited to, withholding or revoking any building permit or certificate of occupancy, and issuing a stop-work order. 10. Amend section 38.540.050.A.1.b, BMC, to reflect adjustments to parking calculations allowed through the new provisions of Division 38.380, Affordable Housing. 11. Amend the definition of Street Types in Division 38.700, BMC, to delete the definition of “yield street” contained therein. This application is evaluated against the requirements and purposes of zoning set in section 76-2-304 of the Montana Code Annotated. Approval or contingent approval may be granted if the City Commission determines all applicable criteria are met. The public may comment orally at the public hearings or in writing at or prior to the public hearings regarding compliance of this application with the required criteria. Comments should identify the specific criteria of concern along with facts in support of the comment. During the notice period the City will continue review for compliance with applicable regulations. At the City Commission’s public hearing the City Commission may act to approve, modify, or reject the proposal or continue the public hearing to another date. The City Commission may revise any of the proposed actions referred in this notice during the public hearing process. The City will accept written protests from property owners against the proposed text amendments referred to in this notice until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged (including the application number 24529); and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. The complete text of the proposal is available digitally at https://www.bozeman.net/departments/community-development/planning/project-information-portal. Select ‘Project Documents’ and navigate to application 24529. The complete text may also be reviewed digitally at the Department Community Development, 20 E Olive Street, Bozeman MT 59715. The public may also access the proposed text amendments and resolution at the Bozeman Public Library, 626 E. Main Street, at the Reference Desk. The proposal may be revised as the public review process proceeds. The proposed ordinance and supporting information will also be attached to the above listed meeting agendas. The City invites the public to comment in writing and to attend the public hearings. Written comments may be directed by email to comments@bozeman.net or by mail to the City of Bozeman, Department of Community Development, P.O. Box 1230, Bozeman, MT 59771-1230. Please reference application 24529 in all correspondence. For those who require accommodations for disabilities, please contact David Arnado, City of Bozeman ADA Coordinator, 582-3232 (voice), 582-3203 (TDD). ******** SUBMITTED WEDNESDAY, 12/18/2024 FOR PUBLICATION ON THREE (3) SATURDAYS, 12/21/24, 12/28/24 AND 1/4/25. PLEASE PRINT BOLD WHERE INDICATED, AND SEND AFFIDAVIT OF PUBLICATION TO BOZEMAN DEPARTMENT OF COMMUNITY DEVELOPMENT.