HomeMy WebLinkAboutOrdinance 13- 1866 Amending BMC Workforce Housing '00
CO.
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 I
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 See, 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 Decenibpr .31 20
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.
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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 Decenibq.r,3J,, 2014 ith a gross project
wi
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 D e a'ib(,�,,r 3 1, 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 WEOEfer-ee Hetising Pfegfam esla-blished herein shall be r-eviewed twe yea
after beeeming appheable and ameally thereafter-te determine its effeefiveness
and te detefffiine if the meehanies ef the pr-egfarn are fe�W ta impese an
unr,easonable bur-den an either-the pai4ies produeing the heasing er-the an th
ufelias4ig it. The ini4al Werkfar-ee 14eiising Pregfam review shall be-
'V—--V
ad by Oetaber- 15, 2014 Getober- i§, for-the applieability pefied
ffem S eptembei: 1, 20 1 2 Aii�st
24P.
Section 4
Repealer
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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:
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a
City ler IE 3
APPR. VE A /TO FORM:
r
O ULLIVA
Ci ttorney
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 17"' day of
June, 2013. The effective date of this ordinance is July, 17, 2013.
SEAN A. BECKER
Mayor
ATTEST. A t",Fro ro
M1 y� Syr
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S A LMT, CMC
Ci e ! s
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,, 0 APPROVED AS TO FORM:
t 4 n t a 4
GREG , ULLIVAN
City Attorney
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