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HomeMy WebLinkAboutOrdinance 11- 1814 amending Ch. 17.02, BMC, Workforce Housing, deferring for one yearORDINANCE 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 deterinining workforce housing unit pricing for income qualified households; and WHEREAS, the two year workforce housing program review required by See. 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 Page 1 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. 17.02.1 10; 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 I 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 ist H),2704,77 5gpy..tnbcr ➢, 2012, and which will result in development often 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 Page 2 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 A+i�,#+st 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: 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 Na u-4 1-5-,-2' -rIt.enA 11p 1 111 2, 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 I�ecorni gpT.ILJs �,ti Lq and annually thereafter to determine its effectiveness and to deter if the mechanics of the prograrn are found to impose an unreasonable burden on either the parties producing the housing or the on the parties purchasing it. Fhe ji Workfoi'ce Housill" PrC gL4TIl, ! vleml ;fir rpl U" "I! qI (AtLtL'r 2 0 1 for th "qL L e — .) - 4 Y foAggii 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. Page 3 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 I 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 18 day of July, 2011, ATTEST: STACY L N;' W- City Clei rO KA<RAU9S o Page 4 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 I" day of August, 2011. The effective date of this ordinance is August 30, 2011, JEFF ' E K AUSS M a� ATTEST: STAG )IQ w City Clerk ":.:: ,,.. AP7VED AS TO FORM: :G SULLIVAN Attorney Page 5 of 5