HomeMy WebLinkAbout01-13-25 Public Comment - D. Carty - Community Development Board (Jan 13, 2025)_ Draft Affordable Housing OrdinanceFrom:Daniel Carty
To:Bozeman Public Comment
Cc:Jennifer Madgic
Subject:[EXTERNAL][SUSPECTED SPAM] Community Development Board (Jan 13, 2025): Draft Affordable HousingOrdinance
Date:Monday, January 13, 2025 9:13:12 AM
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Please place the following public comment in the Community Development Advisory Board
folder in time for their meeting, Jan 13, 2025, and distribute to all CDB members. Thankyou.
January 13, 2025; 7:55 a.m.
To: Community Development Board (CDB); Commissioner Jennifer Madgic, CDB
Commission Liaison
Subject: Jan 13, 2025, CDB meeting. Action Item D.1: An Ordinance to Repeal andReplace Division 38.380, Bozeman Municipal Code in Support of Affordable Housing
Production (aka draft Affordable Housing Ordinance).
I am writing to ask the CDB to include the following comments in their discussion about thedraft Affordable Housing Ordinance (AHO):
1. Include unambiguous language in the draft AHO that requires all AHO developments
proposed within the Neighborhood Conservation Overlay District (NCOD) to comply
with all sections of BMC DIVISION 38.340. - OVERLAY DISTRICT STANDARDS and
with BMC DIVISION 38.110. ADOPTED PLANS, STANDARDS AND
RESOLUTIONS, Sec. 38.110.010. Plans, standards and resolutions
adopted by reference, B. Guidelines for historic preservation and neighborhood
conservation overlay district.
(a) Example language: "BMC Division 38.380 - Affordable Housing shall not be used
within the Neighborhood Conservation Overlay District (NCOD) unless it complies
completely (or entirely) with BMC DIVISION 38.340. - OVERLAY DISTRICT
STANDARDS and with BMC DIVISION 38.110. ADOPTED PLANS, STANDARDS AND
RESOLUTIONS, Sec. 38.110.010. Plans, standards and resolutions adopted by reference,
B. Guidelines for historic preservation and neighborhood conservation overlay district."
2. Prohibit use of Sec. 38.380.060. - Alternatives for Land Donation and Cash-in-Lieu
within the NCOD.
3. For any AHO project proposed within the NCOD, require on-site parking for at least
one vehicle for every dwelling unit proposed (i.e., for every affordable dwelling unit
plus every market-rate dwelling unit).
4. For any AHO project proposed within the NCOD, limit the number of stories to 3.5
above grade.
5. Require the City Commission—in a public hearing—to make the final decision on all
AHO projects proposed within the NCOD.
6. Increase deed restriction on affordable dwelling units offered for rent from >= 50
years to 99 years (or in perpetuity, if the law allows).
7. Add a requirement that a percentage of affordable dwelling units must be offered for
sale in every proposed AHO project and that such dwelling units must be deed-
restricted for 99 years (or in perpetuity, if the law allows). Also, add a requirement
that all affordable dwelling units offered for sale must be offered at no more that
100% AMI (reviewable every 3 years and be established based on the current AMI
and other relevant metrics and housing needs data).
8. Add a requirement that, for each AHO project proposed, an independent, nonbiased
urban forest ecologist must evaluate the project for a Tree Equity Score (TES). If the
project cannot guarantee an on-site, post-construction TES of >= 75, then the project
must be denied. Note: The minimum acceptable TES is 75, as established by
American Forests. The TES is a nationwide score that measures how well
communities have access to the benefits of trees. The score ranges from 0–100, with
100 indicating that a neighborhood has enough trees. A lower score means that the
neighborhood has a greater need for tree planting.
https://www.treeequityscore.org/methodology
9. Add language that any AHO project approved by the City can be appealed under
BMC Division 38.250.- Appeals, Deviations, Departures, and Variance Procedures.
Thank you for the opportunity to comment.
Daniel Carty
213 N. 3rd Ave
Bozeman, MT 59715