HomeMy WebLinkAboutNorton East Ranch Workforce Housing Waiver Request_16 Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Brian Krueger, Development Review Manager
Wendy Thomas, Director of Community Development
SUBJECT: Norton East Ranch Phase IIA Subdivision Final Plat Workforce Housing Waiver Request Application, P14007
MEETING DATE: May 5, 2014
AGENDA ITEM TYPE: Action
RECOMMENDATION: That the City Commission grant a waiver from all the requirements
of the Workforce Housing Program, while allowing the applicant to utilize the reduced size lot standards allowed for workforce housing and authorize the City Manager to execute the
agreement with the subdivider to allow the Human Resource Defense Council (HRDC) a 90-day
pre-sale opportunity to identify qualified purchasers for the Road to Home project for the
reduced size lots.
MOTION: I hereby move to grant a waiver from the requirements of the Workforce Housing Program for Application P14007 and authorize the City Manager to execute the workforce
housing agreement with Norton Properties, LLC.
BACKGROUND: On January 22, 2008 the City Commission granted preliminary plat approval
to subdivide 47.77 acres and create one hundred and twenty eight residential lots including
restricted size lots and workforce housing lots as the Norton East Ranch Subdivision located west of Cottonwood Road between Fallon Street and West Babcock Street. At the time of
preliminary plat approval, the City had an effective workforce housing ordinance that required a
subdivision design to include lots designated for compliance with the Workforce Housing
Program (WHP) requirements (income restrictions, sales price restrictions, and home design
requirements for workforce lots). Following the filing of the final plat for Phase I of the Norton East Ranch Subdivision, the City approved Ordinance 1814 that deferred the effective date of the
workforce housing requirements to September 2012. Ordinance 1866 was subsequently approved
in June 2013 that deferred the effective date of the workforce housing requirements to December
2014. While mandatory compliance with workforce housing requirements has been deferred, the programs and ordinance still exist in code.
The WHP is included as Chapter 10, Article 8 of the Bozeman Municipal Code. Section
10.08.050.B.6 of the WHP includes a provision that allows a waiver from program requirements
with the affirmative recommendation of the Community Affordable Housing Advisory Board
(CAHAB) and the approval of the City Commission.
Norton Properties, LLC submitted a request in January 2014 to CAHAB to allow a subdivision design for the Norton East Ranch Subdivision Phase IIA with 18 reduced size workforce housing
lots for single household detached dwellings and to allow a waiver from the requirements of the
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WHP. CAHAB reviewed the request at their January 8, 2014 meeting and after consideration
recommended that the City Commission grant the waiver as requested. CAHAB further
recommended that Norton Properties, LLC be directed to work with the HRDC’s Road to Home
program for a 90 day pre-sale period to identify qualified low to moderate income purchasers for the subject lots. The findings, minutes, and discussion from that meeting are attached.
Norton Properties, LLC has submitted a final plat application for Phase IIA of the Norton East
Ranch Major Subdivision. The application included a formal WHP waiver request to the City
Commission and a signed agreement from Norton Properties, LLC that complies with CAHAB’s recommended condition.
If the waiver is not granted, the Norton Ranch Phase 2A subdivision could be filed, but the
zoning code would only allow attached townhouse construction on the subject lots.
Phase IIA will be the final phase of the plat filed, as the preliminary plat expired on March 3,
2014.
UNRESOLVED ISSUES: None identified
ALTERNATIVES: 1) Approve the waiver as presented and recommended.
2) Deny the waiver.
3) As directed by the City Commission.
FISCAL EFFECTS: This request does not affect the City Budget or General Fund Expenditures.
Attachments: Aerial Map; Waiver Request and Agreement, CAHAB findings, CAHAB Minutes,
Plat exhibit Report compiled on: April 24, 2014
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FALLON ST
W BABCOCK ST S COTTONWOOD RD STAFFORD AVE WATER LILY DR DRAGON FLY ST N COTTONWOOD RD POND LILY DR STONE FLY DR BULL FROG DR Aerial ImageNorton East RanchRevised: February 6, 2014
This map was created by theCity of Bozeman Department ofCommunity Development ¯
1 inch = 459 feet
Intended for Planning purposes onlysome layers may not line up properly.
Phase IIAWorkforce Lots
Phase IWorkforce Lots
Phase I
Phase IIA
Phase II
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TO: Brian Krueger, City of Bozeman Planning Department
FROM: Tracy Menuez, CAHAB staff
CC: Chris Kukulski, City Manager
Brian LaMeres, CAHAB Chair
DATE: January 31, 2014
RE: Norton East Ranch Phase IIB
At the January 8, 2014 meeting of the Community Affordable Housing Advisory Board, Kevin Spencer, representing Norton East Ranch, and Bob Lee of Morrison Maierle, presented
information regarding their request for a waiver of minimum lot sizes for 18 lots in Phase IIB of
the development. The developer wishes to utilize the dimensional incentives provided in the
suspended Workforce Housing Ordinance, but requested that the restrictions of the ordinance not
be enforced. They presented information regarding earlier built units in the same development on smaller lots.
After consideration of the request and discussion (see attached minutes), the CAHAB
recommends that the City Commission provide a waiver to allow for smaller lot sizes and other
dimensional relaxations requested by the developer. We also ask that the developer be directed to work with the HRDC’s Road to Home program for a 90-day pre-sale period to identify a
qualified low to moderate income purchaser. If a purchaser cannot be secured, the home may be
released for sale to whomever the developer selects.
The CAHAB is supportive of the proposed project and hope that the Commission will support this type of incentive affordable housing development as well. Please contact our staff, Tracy
Menuez or our Chair, Brian LaMeres, with any questions. Thank you.
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City of Bozeman
Community Affordable Housing Advisory Board (CAHAB)
January 8, 2014
8:00 – 9:00 am City Commission Room, City Hall
Attending:
Brian LaMeres, Mary Martin, Kyle Terrio, Melvin Howe, Anders Lewendal, Ann Kesting, Kris
Keller, Dave Magistrelli; Commissioner Chris Mehl
Absent: None
Staff: Tracy Menuez, HRDC; Wendy Thomas, Community Development Director; Brian Krueger, City
Planner
Public:
SharlaRae Stuber, Big Sky Western Bank; Bob Lee, Morrison Maierle; Kevin Spencer, Norton Homes; Greg Stratton
The meeting was called to order at 8:00 am by Chair Brian LaMeres.
Public Comment: None
Staff/Board reports
Ann Kesting reported that year-end sales figures have been released. Condos/townhomes in the
Bozeman city limits increased in price by 14% from year-end 2012; detached housing has increased by 9%.
Mary reported that the rental market continues to see low to no vacancy, adding that this is a
time of year where you don’t see people moving as much.
Action Items 1) Approval of minutes from 12-11-13.
Dave Magistrelli moved to approve the minutes; second by Melvin Howe. Kris Keller asked
about the protocol for voting on minutes for a meeting when one was not present. Commissioner
Mehl responded that members vote on the approval of minutes regardless of attendance. Motion approved.
2) Norton East Subdivision Phase IIB waiver request
Bob Lee from Morrison Maierle presented information to the board regarding a request by
Norton East subdivision (see attached letter). Earlier phases of Norton East had included smaller lots allowed by the Workforce Housing ordinance, however; with the ordinance now suspended,
there is not a mechanism in the City code that allows for lots smaller than 5000 sq ft. The
developer is requesting the CAHAB’s support for 18 smaller lots. Kevin Spencer of Norton
Ranch added that Norton would like to continue to provide the smaller, less expensive product
that was allowed previously and that has been successful in the Bozeman market.
Mary Martin asked what the expected price point would be for the proposed units. Kevin replied
that the market is moving rapidly, however; to date the smaller homes sold have been for less
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than $200,000. They expect as the market moves upward that their prices will likely do the same,
but their target is the $200,000 range. Brian LaMeres asked how large the homes will be. Kevin
replied that the homes are 3 bedroom, 2 bath with a garage. Brian LaMeres asked to clarify what
concession(s) the developer is requesting. Wendy Thomas replied that the developer is asking to use the dimensional incentives allowed by the Workforce Housing Ordinance (smaller lots,
smaller garages, narrower setbacks), however; they do not want to incur the restrictions of the
ordinance in relation to pricing, timing, long-term affordability and income restrictions. Kevin
added that many of the restrictions in the original ordinance made the properties more costly to
finance. However, they have been committed to providing a product within the pricing targets of the ordinance that could be financed easily. Kris Keller asked what restrictions made financing
more difficult. Kevin replied that he did not remember the specific requirements, just that lenders
were not willing to finance the product as they were unable to sell it on the secondary market.
Commissioner Mehl asked Brian Krueger, City Planner, if there was any additional context we needed. Brian replied that there is a larger interest in the development community for smaller
lots, much reminiscent of the Restricted Size Lots (RSLs) used in the City, which ended up quite
marketable. Brian added that smaller lots (down to 4500 square feet) are currently allowed in
Residential Mixed Use zoning. There is a likelihood that Valley West will also be replatting
some of their multi-family lots for small single-family detached homes.
Kris Keller asked how far the houses are from each other. Kevin replied that they are 5 feet from
eave to eave, however; he pointed out to the board that the City has expressed a desire to build
attached units on these lots, which would result in a distance of zero. Kris asked how large the
homes are; Kevin replied that they range from 1400 to 2100 square feet. Anders asked if the homes will meet the 2012 International Energy Conservation Code (IECC). Kevin replied that
they are monitoring energy costs in the already built units, as they utilize electric heat and they
want to be sure that is the best long-term choice. Anders asked if they blower-door test the units.
Kevin replied that they would be willing to do so, adding that they try to meet a balance between
tightness and air quality.
Wendy Thomas asked if there would be occupancy or income requirements, to which Kevin
replied that they are requesting a waiver of those components. Anders asked the board if there
was a market for this, and, if so, why wouldn’t we support the building of smaller, more
affordable homes. Kris commented that this home is not affordable to a person with a minimum wage job. Kevin replied that was likely true, but, for the right purchaser, the proposed homes are
cheaper than renting in Bozeman.
Bob Lee commented that the RSLs have reset the idea of what a lot size needs to be in Bozeman,
and have created a demand for smaller lots. Mary Martin commented that she thought narrower, smaller lots were helpful in achieving more affordable homes, and were more characteristic of
neighborhoods developed in earlier years with more variation in lot sizes and home types. Kris
expressed that the homes being developed are really only targeted to nuclear family types, with
limited emphasis on single households who could benefit from much smaller homes on a small
lot. Kevin replied that they have to consider density requirements, along with the market, which is stronger in family housing. Anders commented that if the market demand shifted to 900 square
foot homes that the development community would provide them. Kevin replied that they do, in
fact, provide 900 square foot homes in communities where the market has embraced them.
Mary asked if there was a way to keep the home affordable past the first purchaser. Ann replied that while you could restrict purchaser #1, you cannot restrict beyond that without creating
financing difficulties. Anders asked why a smaller product on a smaller lot would not always be
more affordable compared to larger properties in the market. Wendy commented that the board
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could ask the developer to work with the Road to Home program to secure a low to moderate
income customer for the first purchase. Commissioner Mehl asked Kevin if they would be open
to this; Kevin responded that they would be. Mary commented that the intent of the workforce
housing ordinance was to create some long-term affordability, but, if that’s not possible in this situation, we need to help find the next best option. Kevin commented that when they partner
with the City of Bend, the City has 90 days to find a buyer and can assist them with down-
payment assistance when available and necessary. The homes are only provided as a base model
(no upgrades allowed) at the base price. After the 90 day sales period, they are allowed to sell the
home to any qualified buyer.
Anders Lewendal moved to recommend that the City Commission approve the request by Norton
East to build smaller houses on smaller lots with the recommendation that the developer work
with the HRDC for a 90-day period to sell units to low to moderate income qualified buyers.
Dave Magistrelli provided a second. Motion passed.
Non-action items
1) Preparation for joint session with City Commission
Tracy reviewed the draft memo for the commission work session, adding that she would send the meeting agenda to the board along with an expected start time.
FYI/Discussion
The CAHAB will meet with the Commission for a joint session on January 13th at 6 pm. The
membership application of SharlaRae Stuber will also be considered at this meeting. The next regular meeting will be held on February 12, 2014 at 8:00 am in the City Commission room.
Adjourn – Meeting was adjourned at 9:10 am.
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