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(a) Requisites of instrument. If the application for a density bonus is approved, an affordable housing instrument must be executed and filed in accordance with this section on a form provided by the city. The instrument must:
(1) be signed by all owners of the lot(s) affected;
(2) be signed by all lienholders, other than taxing entities, that have either an interest in the lot(s) affected or an improvement on one or more of those lot(s);
(3) contain a lot and block description of the lot(s) on which the SAH unit(s) will be located;
(4) specify the number of the SAH units;
(5) be a covenant running with the land;
(6) state that all signatories agree to defend, indemnify, and hold harmless the city of Dallas from and against all claims or liabilities arising out of or in connection with the instrument;
(7) state that it may only be amended or terminated by a subsequent written instrument that is:
(A) signed by the owner(s) of the lot(s) affected by the affordable housing instrument and by all lienholders, other than taxing entities, that have an interest in lot(s) or an improvement on the lot(s);
(B) approved by the director of housing and neighborhood services;
(C) approved as to form by the city attorney; and
(D) filed and made a part of the deed records of the county or counties in which the lots are located;
(8) state that the owner agrees to comply with all the requirements of this division, including the submission of an annual report and full cooperation with audits of the affordable housing program conducted by the city;
(9) state that it may be enforced by the city of Dallas;
(10) state that it shall be governed by the laws of the State of Texas; and
(11) be approved by the director of housing and neighborhood services and approved as to form by city attorney.
(b) Instrument must be filed. A true and correct copy of the approved affordable housing instrument must be filed in the deed records of the county or counties in which the lots affected are located. The instrument shall not be considered effective until it is filed in the deed records in accordance with this section. After the instrument is filed in the deed records, two file-marked copies of the instrument must be filed with the director of housing and neighborhood services.
(c) Termination or amendment of instrument. A recorded affordable housing instrument may be terminated or amended to reduce the number of SAH units on a lot if a corresponding number of SAH units are provided on one or more other lots. An instrument terminating or amending a recorded affordable housing instrument must be:
(1) signed by the owner of the lot(s) affected by the affordable housing instrument and by all lienholders, other than taxing entities, that have an interest in the lot(s) or of an improvement on the lot(s);
(2) approved by the director of housing and neighborhood services as to compliance with this division;
(3) approved as to form by the city attorney; and
(4) filed and made a part of the deed records of the county or counties in which the lot(s) are located by the owner of the lot(s).
The director of housing and neighborhood services shall not approve a termination or amendment that would cause the total number of SAH units to be reduced below the number required under this division, or that would otherwise cause this division to be violated. (Ord. 21663)
(a) A certificate of occupancy may not be issued for a dwelling unit permitted because of an SAH unit approved by the director until a certificate of occupancy has been issued for the SAH unit; however, these certificates of occupancy may be issued simultaneously.
(b) An SAH unit originally leased to a qualified lower income family shall automatically lose its status as an SAH unit if the family no longer qualifies as a lower income family at the end of the primary term of the lease. When this occurs, the next vacated dwelling unit must be offered for lease as an SAH unit until the required number of SAH units are provided. This provision may not be used as grounds for evicting a previously qualified lower income family from a unit if the family wishes to pay the market rate for that unit.
(c) A lease for an SAH unit may not exceed a term of one year.
(d) The director of housing and neighborhood services shall randomly, regularly, and periodically select a sample of families occupying SAH units for the purpose of income verification. Any information received pursuant to this subsection shall remain confidential and shall be used only for the purpose of verifying income in order to determine eligibility for occupation of the SAH units. All prospective tenants of an SAH unit must agree to provide or to allow the director to obtain sufficient information to enable income verification as contemplated in this subsection as a condition to leasing the unit. A person commits an offense if he or she, with the intent to lease or occupy an SAH unit, misrepresents the gross annual family income of its tenant or prospective tenant to the lessor or the city of Dallas with knowledge of its falsity. A person who commits the offense described in this subsection shall be guilty of a separate offense for each day or portion of a day that the unit is leased or occupied based on the misrepresentation.
(e) Annual report. Each owner of property subject to an approved affordable housing instrument shall submit a written report on June 30 of each year to the director that demonstrates compliance with the affordable housing instrument and this division. Each report must include:
(1) a list of SAH units currently leased, including the names and annual family incomes of the tenants;
(2) a list of the SAH units currently offered for lease;
(3) the total number of dwelling units (SAH or otherwise) currently offered for lease;
(4) a list of all lower income families currently seeking to lease one or more dwelling units on the property; and
(5) any other reasonable and pertinent information the director determines to be necessary to demonstrate compliance with the affordable housing instrument and this division.
(f) Family equivalence. The families that reside in SAH units must have similar numbers and ages of members as the other families on that lot. (Ord. 21663)
(a) In-lieu payment.
(1) In general. A property owner may reduce the number of SAH units required to obtain a density bonus by making an in-lieu payment into a special city account, to be known as the Housing Production Trust Fund, for development of SAH units in non-minority concentrated areas of the city. The amount of the payment required is calculated by multiplying the cost of constructing the multifamily dwelling unit [See Paragraph (2) below] required by the number of units of that size that will not be required by reason of the payment. The entire payment must be made to the director before issuance of any required permit.
(2) Cost of constructing multifamily dwelling units. Until January 2, 1995, the cost of constructing a multifamily dwelling unit is as shown:
NUMBER OF BEDROOMS IN UNIT
|
COST PER UNIT
|
1 | $35,000 |
2 | 45,000 |
3 | 55,000 |
4 | 60,000 |
On January 2, 1995, and on January 2 of each odd-numbered year thereafter, the director shall determine the new costs of constructing multifamily dwelling units by using the following formula:
Cost of Constructing Type of Multifamily Unit | X | Dallas Cost Index | X | Historical Cost Index for Year Historical Cost Index for 1993 | X | Cost of Constructing Type of Multifamily Unit In Year X |
Both the Dallas Cost Index and the Historical Cost Indexes must be derived from the most recent issue of Building Construction Cost Data, published by the Robert Snow Means Company, Inc., of Kingston, Massachusetts, unless another publication is designated by the director.
(b) Provision of single family uses. It is assumed that all SAH units provided will be multifamily uses. A property owner may, however, reduce the number of SAH units required to obtain a density bonus by providing one or more single family uses as SAH units in accordance with this subsection and Sections 51A-4.901 through 51A-4.909. The provision of a single family use reduces the number of multifamily bedrooms required as shown:
NUMBER OF BEDROOMS IN THE SINGLE FAMILY USE PROVIDED (“SIZE”) | REDUCTION IN NUMBER OF MULTIFAMILY BEDROOMS REQUIRED |
1 | 2 |
2 | 3 |
3 | 4 |
4 | 5 |
The number of multifamily bedrooms required to obtain a density bonus if a person provides one or more single family uses is calculated as follows. First, determine the number of each size of single family use provided. (For example, a person may provide two two-bedroom and three four-bedroom single family uses as SAH units.) Then, multiply the number of each size of single family use provided by the number of multifamily bedrooms that will not be required by reason of the provision of those single family uses. Next, add these numbers to determine the total number of multifamily bedrooms that will not be required. (In the above example, 21 multifamily bedrooms would not be required because of the provision of the single family uses.) This number is then subtracted from the total number of bedrooms of SAH units that would otherwise be required by Section 51A-4.906(b)(4) to obtain the density bonus. The result is then broken down into the number of different sizes of SAH units required by Section 51A-4.906(b)(4) to obtain the density bonus. (Ord. 21663)
Dedication of park land provides new residents and visitors with recreational amenities and green infrastructure consistent with the current level of park services for existing residents. (Ord. 30934, eff. 7/1/19)
(a) In general. Except as provided in this section, park land dedication requirements apply to:
(1) a single family or duplex residential plat or building permit for new construction; and
(2) a development plan or building permit that includes multifamily residential units or a hotel or motel use.
(b) Exceptions. These regulations do not apply to:
(1) plats, replats, or issuance of building permits for new construction on land owned by a governmental unit; and
(2) developments in planned development districts, existing on July 1, 2019, with open space or park land requirements.
(c) Waivers. Only developments that are enrolled in a program administered by the housing and neighborhood revitalization department and authorized by the city council, that furthers the public purposes of the city's housing policy may be eligible to have some or all of these requirements waived. (Ord. 30934, eff. 7/1/19)
(a) Definitions. In this division:
(1) COMMUNITY PARK means a park that is larger than a neighborhood park and serves several neighborhoods.
(2) DIRECTOR means the director of the park and recreation department.
(3) HOTEL AND MOTEL USE means a hotel or motel use, extended stay hotel or motel use, lodging or boarding house use, or residential hotel.
(4) MULTIFAMILY USE means a college dormitory, fraternity, or sorority house, group residential facility, multifamily use, or retirement housing.
(5) NEIGHBORHOOD PARK means a park that serves a variety of age groups within a limited area or neighborhood.
(6) PARK DEDICATION ZONE means an area as illustrated on the park land dedication map created by the park and recreation department defining the area where dedication may occur.
(7) PRIVATE PARK LAND means privately owned park land, common area, or green spaces provided on-site that is accessible to the residents of a development.
(8) SINGLE FAMILY OR DUPLEX USE means a duplex use, handicapped group dwelling unit, or single family use.
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