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HomeMy WebLinkAboutOrdinance No. 1814, amending Chapter 17.02 Workforce Housing deferring applicability of program for one year.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tim McHarg, Director of Planning and Community Development SUBJECT: Second reading and final adoption of Ordinance 1814 to amend chapter 17.02, Workforce Housing, to defer the applicability of the program for a one year period MEETING DATE: August 1, 2011 AGENDA ITEM TYPE: Consent RECOMMENDATION: Grant final approval of Ordinance 1814 to amend Chapter 17.02, Workforce Housing, to defer the applicability of the program for a one year period BACKGROUND: The City Commission provisionally adopted this ordinance after conducting a public hearing on July 18 and considering the facts and materials presented. Ordinance No. 1814 takes a straightforward approach to provide a one year hiatus of the workforce housing program by extending the start date for applicability of the workforce housing program. The hiatus would begin on the anticipated effective date of the ordinance, September 1, 2011, and run through September 1, 2012. This one year hiatus will allow completion of the update to the Affordable Housing Needs Assessment to determine how the how the workforce housing program can be modified to be implemented with more flexibility to adapt to changing local housing market conditions. The hiatus can also be easily extended at the discretion of the Commission, if determined necessary. UNRESOLVED ISSUES: None at this time. FISCAL EFFECTS: This ordinance does not have a direct expense to the City. ALTERNATIVES: The following alternatives are available to the Commission: · Amend the ordinance to extend the hiatus of the workforce housing program for longer than one year. · Decline to adopt the ordinance and provide direction to Staff to prepare an alternative ordinance to abolish the workforce housing program. · Decline to adopt the ordinance and maintain the current status of the workforce housing program. · Table the ordinance and provide other direction to staff for revisions. Attachments: Ordinance No. 1814 Report Compiled: July 22, 2011 37 Page 1 of 5 ORDINANCE NO. 1814 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO AMEND CHAPTER 17.02 OF THE BOZEMAN MUNICIPAL CODE, WORKFORCE HOUSING, TO DEFER THE APPLICABILITY OF THIS CHAPTER FOR A PERIOD OF ONE YEAR. WHEREAS, on July 16, 2007, Ordinance 1710 was finally adopted to establish standards and procedures for provision of workforce housing to income qualified households through the subdivision and zoning review processes of the City; and WHEREAS, since the adoption of Ordinance 1710, the residential real estate market in the City has undergone a significant correction, resulting in reductions in market prices for lots and housing units; and WHEREAS, the residential real estate market correction has resulted in greater housing affordability in the City as calculated by the formulas in Chapter 17.02 for determining workforce housing unit pricing for income qualified households; and WHEREAS, the two year workforce housing program review required by Sec. 17.02.110 was postponed because no subdivision or site plan applications that were subject to the program standards and procedures were submitted within the period from August, 2007 to August, 2009; and 38 Page 2 of 5 WHEREAS, within the last year, two subdivision applications that were subject to the workforce housing program standards and procedures, which provided the opportunity to review the program as intended by Sec. 17.02.110; and WHEREAS, the deferral of applicability of Chapter 17.02 will allow City Staff and the Community Affordable Housing Advisory Board (CAHAB) to conduct a Housing Needs Assessment that will analyze the local residential real estate market and recommend appropriate policies; and WHEREAS, after proper notice, the City Commission held a public hearing on July 18, 2011, to receive and review all written and oral testimony on the amendment to Chapter 17.02; and WHEREAS, at its public hearing, the City Commission found that the proposed amendment to Chapter 17.02 would in the public interest. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That Chapter 17.02.030, Workforce Housing, of the Bozeman Municipal Code shall be amended to read as follows: 17.02.030. Applicability: A. 1. A developer of a subdivision that includes residential lots for which preliminary plat is submitted on or after August 15, 2007 September 1, 2012, and which will result in development of ten or more residential lots shall provide a lot or lots for the construction of 0.4 dwelling units per net acre of development for the workforce housing program. Multiple developments or projects by the same applicant or responsible party within any consecutive 12 month period on parcels held in contiguous ownership at the time of the 39 Page 3 of 5 initial development that in the aggregate equal or exceed ten residential lots shall be subject to this section. 2. Any site plan including residential condominiums on lots created or annexed on or after August 15, 2007 September 1, 2012, with a gross project area of more than 5 acres shall provide or shall cause to be provided 0.4 dwelling units per net acre of development for the workforce housing program. Multiple site plans by the same applicant or responsible party within any consecutive 12 month period that in the aggregate exceed a gross project area of 5 acres shall be subject to this section. B. Project Size: 1. Subdivisions with fewer than ten lots or condominium site plans with a gross project area of 5 acres or less: No workforce housing requirements. 2. Subdivisions with ten or more lots or condominium site plans on lots created or annexed on or after August 15, 2007 September 1, 2012, with a gross project area of more than 5 acres: 0.4 dwelling units per net acre of development in the subdivision must be dedicated to workforce housing requirements excluding any additional dwelling units approved through a density bonus subject to the provisions of Section 17.02 040. Section 2 That Chapter 17.02.110, Workforce Housing, of the Bozeman Municipal Code shall be amended to read as follows: 17.02.110. Program Review The Workforce Housing Program established herein shall be reviewed two years after its inception becoming applicable and annually thereafter to determine its effectiveness and to determine if the mechanics of the program are found to impose an unreasonable burden on either the parties producing the housing or the on the parties purchasing it. The initial Workforce Housing Program review shall be completed by October 15, 2014, for the applicability period from September 1, 2012, to August 31, 2014. Section 3 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. 40 Page 4 of 5 Section 4 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 provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 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 6 Codification. The provisions of Section 1 shall be codified as appropriate in Title 17, Housing, of the Bozeman Municipal Code. All references within the Bozeman Municipal Code shall be revised to reflect the changes in this ordinance. Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 18th day of July, 2011. ____________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk 41 Page 5 of 5 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 1st day of August, 2011. The effective date of this ordinance is August 30, 2011. ____________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney 42