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Final Adopt Ord 1930 Workforce Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Wendy Thomas, Community Development Director SUBJECT: Final 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: January 4, 2016 AGENDA ITEM TYPE: Action RECOMMENDATION: Final 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 approved the provisional adoption of Ordinance 1930 on December 14, 2015. Prior to that meeting, the City Commission held public hearings 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 Ordinance 1930 is the follow up ordinance that removes rescinded references and incorporates into the BMC the correct references to the Inclusionary Housing article in the Unified Development Code.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 20 FISCAL EFFECTS: No anticipated fiscal effects would result from the adoption of Ordinance 1930. Attachments: Ordinance 1930 Report compiled on: December 15, 2015 21 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. 22 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 23 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. 24 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 25 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 26