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