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A. Applicability: The requirements of this Chapter and incentives found in section 11-1A-7 apply to the following types of developments that voluntarily include permanently affordable Legacy Homes units or alternatives:
1. Major subdivisions (subsection 12-3-3A of this Code);
2. Minor subdivisions (subsection 12-3-3B of this Code);
3. Residential planned unit developments (subsection 11-2S-2A of this title);
4. Mixed use planned unit developments with more than one residential unit (subsection 11-2S-2B of this title); and
5. Two-family or multi family residential developments.
B. Number Of Affordable Units: To qualify for the incentives, at least ten percent (10%) of all new dwelling units in a residential or mixed-use development must be permanently deed restricted as affordable units or a qualifying alternative per subsection 11-1A-4 is provided. If application of the ten percent (10%) requirement results in a fractional unit, an in-lieu fee may be paid for the fractional unit or rounded up to the next full unit.
C. Deed Restrictions: To ensure long-term affordability, all affordable units will be subject to deed restrictions.
D. Affordability: To qualify for incentives, affordable units must be provided for a range of household sizes and incomes relative to the area median income, as updated annually by the United States Department of Housing and Urban Development.
1. Rental Units: The following requirements apply to affordable rental units:
a. Rents charged must be affordable to households earning sixty percent (60%) to eighty percent (80%) of the area median income.
b. For each income range, the maximum monthly rent charged shall be calculated as set forth in the Whitefish Legacy Homes Program Administrative Procedures.
c. The affordable rental units must be dispersed throughout the sixty percent (60%) to eighty percent (80%) range proportionately such that the average of all units is affordable to households earning seventy percent (70%) of area median income.
2. Ownership Units: The following requirements shall apply to affordable ownership units:
a. Ownership units must be affordable to households earning 80.01 percent to one hundred twenty percent (120%) of the area median income.
b. The initial sales price of affordable ownership units shall be calculated as set forth in the Whitefish Legacy Homes Program Administrative Procedures.
c. The affordable ownership units must be dispersed throughout the 80.01 percent to one hundred twenty percent (120%) range proportionately such that the average of all units is affordable to households earning one hundred percent (100%) of area median income. (Ord. 19-15, 7-15-2019; amd. Ord. 21-11, 8-16-2021)
A. Relationship Of Affordable Units To Market Rate Units:
1. Mixed Dwelling Unit Types: In developments with a mixture of housing types, including, without limitation, single-family detached units, townhomes, duplex, and triplex, the affordable units must be comprised of the different housing types in the same proportion as the market rate units.
2. Detached Dwelling Units: In developments containing only single-family detached units, up to one-half (1/2) of the affordable units may be attached single-family units (duplex, triplex, townhouse).
3. Subdivision Only: In developments that involve only the subdivision of land, the affordable unit types must be consistent with the needs identified at the time of approval. Unless an alternative means of compliance is proposed as set forth in section 11-1A-4 of this chapter, the applicant must provide a financial guarantee as set forth in the Whitefish Legacy Homes Program Administrative Procedures that will be released upon issuance of the certificate of occupancy for that affordable unit.
4. Ownership Type: The proportion of affordable ownership units and affordable rental units must be the same as that of the market rate units.
5. Number Of Bedrooms: Affordable units must have the same proportion of studio, one-, two-, and three-bedroom dwelling units as in the market rate units, provided the proportion is responsive to the needs identified at the time of approval. Three-bedroom affordable units satisfy this requirement for market units with four (4) or more bedrooms.
B. Quality, Size And Amenities Of Affordable Units:
1. Quality Of Units: The exterior of affordable units must be constructed with similar quality, design and materials to the market rate units and must be architecturally compatible with surrounding development. Storage space, balconies, decks, and private yards similar to market rate units must be provided.
2. Size Of Units: The sizes of affordable units may vary but the minimum square footage and the minimum average square footage must comply with the standards set forth in the Whitefish Legacy Homes Program Administrative Procedures.
3. Access To Amenities: When affordable units are provided onsite, the owners and renters of the affordable units must have access to amenities equal to that of the owners and renters of the market rate units. Such amenities include, but are not limited to, parks, outdoor play areas, pools, exercise facilities, clubhouses and similar on-site amenities.
C. Location And Timing:
1. Location Of Affordable Units: Affordable units must be distributed evenly throughout the development to achieve integration and avoid concentration or segregation of the affordable households.
2. Timing Of Construction: The construction of onsite affordable units must be timed such that the units shall be constructed and pass final inspection concurrently or prior to the market rate units in the development. When construction is phased, affordable units must be constructed and offered for sale in proportion to market rate units.
3. Timing Of Marketing: Onsite affordable units must be marketed concurrently with or prior to the market rate units in the development. (Ord. 19-15, 7-15-2019; amd. Ord. 21-11, 8-16-2021)
A. The City will consider alternatives to constructing affordable units onsite, especially in, but not limited to, situations where any of the following occur:
1. High levels of property tax;
2. High homeowner's association dues;
3. A predominance of short-term rentals;
4. Onsite development consisting of condominiums; and
5. Location far from schools, transit, or shopping.
B. Approval: Proposed alternative means of qualifying for the incentives must be incorporated into a housing mitigation plan and approved by the Zoning Administrator.
C. Offsite Housing:
1. The construction of affordable units by the applicant or the applicant's partner offsite may be an alternative means of qualifying for incentives if the applicant can demonstrate that:
a. There is adequate existing infrastructure to support the affordable units in the proposed location;
b. Public facilities can serve the proposed offsite affordable units or the commitment to provide such service has been confirmed;
c. The property where the affordable units are proposed to be located is suitable for residential use and development; and
d. The proposed alternative provides a similar public benefit as if the affordable units were constructed within the development.
2. Unit size, quality, design and timing of construction of the offsite affordable units must be set forth in the approved housing mitigation plan.
3. Purchasing existing offsite market rate units and deed restricting them as affordable units is permitted.
D. In Lieu Fees:
1. Fees in lieu of affordable units may be an alternative means of compliance if the applicant can demonstrate that:
a. The proposed cash payment creates funds that will further the goals of this chapter; and
b. The proposed cash payment provides a similar overall public benefit.
2. Fees in lieu of affordable units are assessed based on the percentage of on-site units required to qualify for incentives by this chapter and are calculated by applying the methodology set forth in the Whitefish Legacy Homes Program Administrative Procedures.
E. Land In Lieu: Land in lieu may be an alternative means of qualifying for incentives if the applicant is not constructing residences and can demonstrate that:
1. The appraised value of property to be dedicated is equal to or greater than the fee in lieu of affordable units that would have been provided;
2. The property to be dedicated will further the goals of this chapter; and
3. The property to be dedicated provides a similar overall public benefit as if the affordable units were constructed within the development.
F. Clustering: Clustering on a development site may be approved if the applicant can demonstrate clustering would enhance the neighborhood, would provide convenient access to trails, public transportation, or employment, or would otherwise exceed the requirements set forth in this chapter.
G. Other Alternatives: A combination of the above alternative means of compliance or other alternatives may be approved if the applicant can demonstrate the proposed means of qualifying for incentives would provide a similar overall public benefit as if the affordable units were constructed within the development. (Ord. 19-15, 7-15-2019; amd. Ord. 21-11, 8-16-2021)
A. Application: An applicant must submit a proposed housing mitigation plan with the applicant's first application for development approval where incentives are requested or as part of PUD where a density bonus is requested.
B. Requirements: The housing mitigation plan must describe how the applicant intends to comply with this chapter, and must contain the following information, as applicable:
1. Total number of market rate units and affordable units;
2. Square footage of the total development and each unit;
3. How the requirements of this chapter will be met, including unit types, sizes, number of bedrooms, target income category, and initial sales price or rental prices;
4. The incentives intended to be used for the development;
5. Location of the affordable units within the development by type and size and justification for clustering, if proposed;
6. Proposed construction schedule of market rate units and affordable units, including issuance of building permits;
7. Any proposed alternative methods of compliance;
8. Standardized deed restrictions provided by the City;
9. Homeowners' association structure and fees;
10. Site plan;
11. Unit designs;
12. Amenities; and
13. Any other information deemed necessary by the City.
C. Approval: The housing mitigation plan must be approved by the Zoning Administrator. Compliance with the housing mitigation plan will be a condition of approval for development.
D. Amendment:
1. Any substantive modification of or amendment to the housing mitigation plan requires a letter justifying and outlining the proposed changes as well as any alternative means of complying with the qualifications for incentives and is subject to the Zoning Administrator's approval. A denial of any proposed modifications may be appealed to the City Council. Substantive modification or amendment includes, but is not limited to, a reduction in the size of affordable units, a change in the timing or phasing of construction, and a change in the method of complying with the requirements of this chapter.
2. Minor modifications of or amendment to the housing mitigation plan may be approved by the Zoning Administrator upon written finding that the proposed modification or amendment is inconsequential to the development and to the achievement of the goals set forth in this chapter.
E. Failure To Comply: Failure to comply with the approved housing mitigation plan constitutes a failure to comply with the conditions of approval and may result in the revocation of the development approval. (Ord. 19-15, 7-15-2019; amd. Ord. 21-11, 8-16-2021)
A. An applicant for a conditional use permit for a development that will provide affordable units onsite or will satisfy the requirements of this chapter through an alternative means of compliance is entitled to receive the following incentives:
1. Twenty percent (20%) reduction in parking requirements for all units with at least two (2) bedrooms;
2. Five feet (5') increase in maximum building height, limited to three (3) stories maximum;
3. Ten percent (10%) increase in maximum lot coverage; and
4. Twenty percent (20%) increase in density.
B. An applicant for subdivision approval for a development that will provide affordable units onsite or will satisfy the requirements of this chapter through an alternative means of compliance is entitled to receive the following incentives:
1. Twenty percent (20%) reduction in minimum lot size;
2. Twenty percent (20%) increase in density;
3. Ten percent (10%) reduction in minimum lot width; and
4. Ten percent (10%) increase in maximum lot coverage.
C. An applicant for a planned unit development that will provide affordable units onsite or will satisfy the requirements of this chapter though an alternative means of compliance is entitled to receive either the incentives set forth in subsection A or B of this section, but not both. (Ord. 19-15, 7-15-2019)
A. Administrative Procedures: The City is authorized to develop, maintain and enforce the Whitefish Legacy Homes Program Administrative Procedures to implement this chapter.
B. Contents: The Whitefish Legacy Homes Program Administrative Procedures may include the following provisions:
1. Application submittal requirements to comply with this chapter, including minimum requirements for housing mitigation plans;
2. A housing mitigation plan template;
3. The method used to determine the initial sales price of affordable ownership units;
4. The method used to determine the maximum monthly rent charged for affordable rental units;
5. Minimum design requirements including the minimum residential square footages according to the number of bedrooms;
6. The method for determining fees associated with this chapter, including cash in lieu payments;
7. A methodology for evaluating property dedications as an alternative means of compliance; and
8. Any other matter deemed necessary by the City.
C. Adoption: The Whitefish Legacy Homes Program Administrative Procedures shall be adopted by resolution of the City Council and shall be amended from time to time as deemed necessary. (Ord. 19-15, 7-15-2019; amd. Ord. 21-11, 8-16-2021)