HomeMy WebLinkAboutA9. Pro Adopt Ord 1930 Workforce Housing rev
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Wendy Thomas, Community Development Director
SUBJECT: Provisional adoption of Ordinance 1930, for revisions to the Bozeman
Municipal Code to rescind references to the Workforce Housing provisions in Chapter 10, Section 8 and create references to Article 43
in Chapter 38, Unified Development Code, Inclusionary Housing,
Application Z15358
MEETING DATE: December 14, 2015
AGENDA ITEM TYPE: Action
RECOMMENDATION: Provisional adoption of Ordinance 1930
RECOMMENDED MOTION: “Having reviewed and considered the application materials,
public comment, recommendation of the Zoning Commission, and all the information presented,
and a public hearing having been held on September 21 and November 16, 2015; I hereby move
to approve Ordinance 1930 for rescission of references to the Workforce Housing provisions in Chapter 10, Section 8 and replace these references to cite Article 43 in Chapter 38, Unified
Development Code.
BACKGROUND: The City Commission held a public hearing on September 21 and
November 16, 2015 and provisionally adopted Ordinance 1922 replacing the Work Force
Housing program with the Inclusionary Housing program. The staff report and public notice for the adoption of the Inclusionary Housing program anticipated the need to replace references to
Chapter 10 Section 8 of the Bozeman Municipal Code (BMC) to references to the Inclusionary
Housing program as outlined in Chapter 38 Article 43. Ordinance 1930 is the follow up
ordinance that removes rescinded references and incorporates into the BMC the correct
references to the Inclusionary Housing article in the Unified Development Code. The reference changes are within the UDC and also Chapter 2 with regard to impact fees. A list of the changes
was included as an attachment to the staff report for Application 15358 and is attached to this
memorandum for your reference.
UNRESOLVED ISSUES: None
ALTERNATIVES: As directed by the Commission
FISCAL EFFECTS: No anticipated fiscal effects would result from the adoption of Ordinance
1930.
595
Attachments:
Amendments to BMC for references to Work Force Housing
Ordinance 1930
Report compiled on: December 2, 2015
596
Amendments to BMC and UDC for Workforce Housing References
2.06.1640.A.1.d – Street Impact Fees
2.06.1650.A.1.d – Fire Impact Fees
2.06.1660.A.2 – Water Impact Fees
2.06.1670.A.2 – Waste Water Impact Fees
2.06.1700.H – Misc. Impact Fees
38.08.020 (table 38.08.020 footnote 7 and footnote 8) – Residential Authorized Uses
38.08.030.A.6 (two references) - Lot Coverage
38.08.040 (table 38.08.040-1 footnote 7) – Lot Area Width Residential
38.10.020 (table 38.10.020 footnote 6) – Commercial Authorized Uses
38.11.020 (table 38.11.020 footnote 1) – Urban Mixed Use Authorized Uses
38.12.020 (table 38.11.020 footnote 11)– Industrial Zoning Authorized Uses
38.14.030.C – Lot Area Width NEHMU
38.20.090.E.2.a(7)(a) – PUD Performance
38.22.030.B.9 – ADU standards
38.22.090.D – Standards for specific uses – condo
38.23.030.F – Lot
38.27.020.A.4 (four references) – Park Area
38.38.030.A.10 – Supplementary Documents - Covenants
38.41.060.A.20 – Additional Subdivision Preliminary Plat Submittals
38.41.070.A.6 – Final Plat submittal materials
38.41.080.A.2.p (two references) – Site Plan submittal materials
597
Page 1 of 5
ORDINANCE NO. 1930
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE FOLLOWING SECTIONS OF THE BOZEMAN
MUNICIPAL CODE: 2.06.1640, 2.06.1650, 2.06.1660, 2.06.1670, 2.06.1700, 38.08.020,
38.08.030, 38.08.040, 38.10.020, 38.11.020, 38.12.020, 38.14.030, 38.20.090, 38.22.030,
38.22.090, 38.23.030, 38.27.020, 38.38.030, 38.41.060, 38.41.070 AND 38.41.080 TO
REMOVE REFERENCES TO REPEALED CHAPTER 10 ARTICLE 8, (WORKFORCE
HOUSING) AND REPLACE WITH REFERENCES TO CHAPTER 38 ARTICLE 43
(INCLUSIONARY HOUSING) AND INCLUDING AN EFFECTIVE DATE.
WHEREAS, The City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to adopt land development and use standards to protect public health, safety and
welfare; and
WHEREAS, on November 16, 2015 the Bozeman City Commission provisionally
adopted Ordinance 1922 regarding inclusionary housing upon due notice and an opportunity to
be heard and finally adopted Ordinance 1922 on December 7, 2015; and
WHEREAS, the amendments to the Bozeman Municipal Code (BMC) included in this
Ordinance are administrative amendments to the BMC required as a result of final adoption of
Ordinance 1922; and
WHEREAS, the Bozeman Zoning Commission and Planning Board held a joint public
hearing on September 8, 2015 to receive and review all written and oral testimony regarding the
inclusionary housing and Ordinance 1922; and
WHEREAS, the Bozeman City Commission determines all references currently
established in the Bozeman Municipal Code to chapter 10, article 8 (workforce housing) be
continued in full force and effect and that all such references to chapter 10, article 8 (workforce
housing) be amended to reference inclusionary housing as included in Ordinance 1922.
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Ordinance No. 1930, Inclusionary Housing References within BMC
Page 2 of 5
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Recognizing the repeal of chapter 10 article 8 (Work Force Housing) pursuant to
Ordinance 1922, that the following sections of the Bozeman Municipal Code be amended to
change all references in the Bozeman Municipal Code from chapter 10 article 8 (Work Force
Housing) to chapter 38 article 43 (Inclusionary Housing):
2.06.1640.A.1.d – Street Impact Fees
2.06.1650.A.1.d – Fire Impact Fees
2.06.1660.A.2 – Water Impact Fees
2.06.1670.A.2 – Waste Water Impact Fees
2.06.1700.H – Misc. Impact Fees
38.08.020 (table 38.08.020 footnote 7 and footnote 8) – Residential Authorized Uses
38.08.030.A.6 (two references) - Lot Coverage
38.08.040 (table 38.08.040-1 footnote 7) – Lot Area Width Residential
38.10.020 (table 38.10.020 footnote 6) – Commercial Authorized Uses
38.11.020 (table 38.11.020 footnote 1) – Urban Mixed Use Authorized Uses
38.12.020 (table 38.11.020 footnote 11)– Industrial Zoning Authorized Uses
38.14.030.C – Lot Area Width NEHMU
38.20.090.E.2.a(7)(a) – PUD Performance
38.22.030.B.9 – ADU standards
38.22.090.D – Standards for specific uses – condo
38.23.030.F – Lot
38.27.020.A.4 (four references) – Park Area
38.38.030.A.10 – Supplementary Documents - Covenants
38.41.060.A.20 – Additional Subdivision Preliminary Plat Submittals
38.41.070.A.6 – Final Plat submittal materials
38.41.080.A.2.p (two references) – Site Plan submittal materials
Section 2
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Ordinance No. 1930, Inclusionary Housing References within BMC
Page 3 of 5
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 3
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
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
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 5
Codification.
This Ordinance shall be codified as indicated in Section 1.
Effective Date.
This ordinance shall be in full force and effect on February 5, 2016.
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Ordinance No. 1930, Inclusionary Housing References within BMC
Page 4 of 5
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 14th day of December 2015.
____________________________________
JEFFREY K. KRAUSS Mayor
ATTEST:
____________________________________
STACY ULMEN, CMC
City Clerk
601
Ordinance No. 1930, Inclusionary Housing References within BMC
Page 5 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 4th day of
January, 2016. The effective date of this ordinance is February 5, 2016.
_________________________________
CARSON TAYLOR Mayor
ATTEST:
_________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN City Attorney
602