HomeMy WebLinkAboutFinally Adopt Ordinance 1866, suspending applicability of Workforce Housing
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Wendy Thomas, Director of Community Development
SUBJECT: Final adoption of Ordinance 1866 Workforce Housing, to consider
extending the deferral period adopted in Ordinance 1814 for Article 10.08, BMC.
MEETING DATE: June 3, 2013
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve final adoption of Ordinance 1866 extending the hiatus of the
effective date for Chapter 10, Article 8, Workforce Housing, BMC.
RECOMMENDED MOTION: “Approve final adoption of Ordinance 1866 amending Chapter 10, Article 8, Workforce Housing of the Bozeman Municipal Code.” BACKGROUND:
The City Commission gave preliminary approval to Ordinance 1866 on June 3, 2013. They
directed two changes to the draft ordinance. First was to change to deferral date to December 31,
2014. Second was to delete Section 10.08.120 which established a fixed program review cycle. The two changes are included in the final adoption draft of Ordinance 1866.
No public comment on the ordinance has been received since the preliminary approval on June
3rd.
ALTERNATIVES:
1. Give final approval to Ordinance 1866, extending the implementation date of the Workforce Housing Program;
2. Keep Ordinance 1814 in place, and immediately implement the requirements of the
Workforce Housing Program; or
3. Repeal Article 10.08, BMC, to end the Workforce Housing Program as adopted.
FISCAL EFFECTS: Fiscal impacts vary based on Commission action. Reimplementation of the
program would require additional resource allocation for administration and tracking of the
program in an amount estimated at approximately $45,000.
Attachments: Draft Ordinance 1866
Report prepared June 7, 2013
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ORDINANCE NO. 1866
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, TO AMEND ARTICLE 10.08 OF THE BOZEMAN MUNICIPAL CODE,
WORKFORCE HOUSING.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana:
Section 1
Legislative Findings:
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 two year workforce housing program review required by Sec.
10.08.120 was postponed because no subdivision or site plan applications that were subject to the
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program standards and procedures were submitted within the period from August, 2007 to
August, 2009; and
WHEREAS, two subdivision applications that were subject to the workforce housing
program standards and procedures, provided the opportunity to review the program as intended
by Sec. 10.08.120; and
WHEREAS, the deferral of applicability of Article 10.08 allowed City Staff and the
Community Affordable Housing Advisory Board (CAHAB) to conduct a Housing Needs
Assessment to analyze the local residential real estate market and recommend appropriate
policies which final draft was received on March 6, 2012; and
WHEREAS, the Housing Needs Assessment recommends on page 42 that the
workforce housing regulations not be reinstated;
WHEREAS, the subsequent Affordable Housing Action Plan dated May 14, 2012
recommends on page 11 the continued suspension of the workforce housing regulations; and
WHEREAS, after proper notice, the City Commission held a public hearing on June 3,
2013, to receive and review all written and oral testimony on possible amendments to or repeal
of Article 10.08.
Section 2
That Section 10.08.030, Bozeman Municipal Code shall be amended to read as follows:
10.08.030. Applicability:
A.
1. A developer of a subdivision that includes residential lots for
which preliminary plat is submitted on or after September 1, 2012
September 1, 2015 December 31, 2014, 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
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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 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 September 1, 2012 September, 1, 2015 December 31, 2014, 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 September 1, 2012 September 1,
2015 December 31, 2014, 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 3
That Section 10.08.120, Bozeman Municipal Code shall be deleted:
10.08.120. Program Review The Workforce Housing Program established herein shall be reviewed two years
after 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 October 15, 2017, for the applicability period
from September 1, 2012 September, 1, 2015, to August 31, 2014 August 31,
2017.
Section 4
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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.
Section 5
Savings Provision
The City Commission having found that it is in the public interest to suspend the application of
the workforce housing policy to a date certain; this ordinance is intended to release any development from its responsibilities previously incurred under Article 10.08, BMC. Otherwise
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 provisions of
the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and
effect.
Section 6
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 7
Codification
The provisions of Sections 2 and 3 shall be codified as appropriate in Chapter 10, Buildings and
General Regulations, of the Bozeman Municipal Code. All references within the Bozeman
Municipal Code shall be revised to reflect the changes in this ordinance.
Section 8
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 3rd day of June, 2013.
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____________________________________
SEAN A. BECKER Mayor
ATTEST:
_________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney
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 ____ day
of ________________, 2013. The effective date of this ordinance is __________, __, 2013.
____________________________________
SEAN A. BECKER
Mayor ATTEST:
_______________________________
STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney
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