(a)

Purpose. As a result of the serious workforce housing shortage in the County and City, the City is proposing to use an affordable housing overlay concept to provide additional areas for the construction of housing units for the City's workforce. It is hoped that this affordable housing overlay will provide opportunity areas for a variety of housing sponsors (nonprofit, private for-profit and employer-assisted housing providers) to develop affordable housing within close proximity to major employment sites. Within the overlay area, the underlying incentives remain in place until the project demonstrates that it can satisfy established criteria. With the satisfaction of criteria and project approval, the site may then be developed.

(b)

Housing levels within overlay areas. New housing units within the affordable housing overlay area are intended to be 100 percent affordable to the area's workforce. They are to be priced at levels affordable to the moderate, low and very low income households as defined by U.S. Department of Housing and Urban Development and the County Housing and Human Services Department criteria. The proportion of housing to be built at each level is to reflect the distribution of income levels for the particular area of the City. The City is looking for three units being built to meet the needs of 30 percent to 50 percent medium income level; eight units being built to meet the housing needs of 50 percent to 80 percent medium income level; and 25 units being built to meet the housing needs of 80 percent to 120 percent of medium income level. Infill areas throughout Shepard Park should be a mixture of all classifications. In order to ensure long-term affordability of the units, the units are to be deed restricted to ensure resale to moderate, low, and very low income households.

(c)

Area designation. The Shepard Park subdivision area offers the greatest flexibility by all parties to meet the serious shortages in workforce housing. The overlay district shall include the area shown in the map attached to the ordinance from which this section is derived as Attachment 1, a copy of said Attachment 1 can be found in the office of the City Clerk.

(d)

Process. This is a voluntary program whereby individual property owners within the designated affordable housing overlay area can request that their site be designated as an affordable housing site. Each site will be evaluated by designated members of City staff to determine its potential to serve as affordable housing. Site analysis will consider the factors described below. The most important factor is the consideration of the suitability of the site to accommodate an affordable workforce housing project in one of the levels stated in Subsection (b) of this section.

(1)

As a part of the review of the project, staff will work with the project applicants to achieve the distribution of units that are needed to meet the area's wage earner household income needs. It is recognized that housing types and project design may need to differ depending upon the specific site, but applicants will be required to demonstrate that all of the housing to be produced within the project will be affordable to the City workforce area.

(2)

Higher densities and a variety of housing types are encouraged to ensure that the housing products will be priced at levels that are within the means of the very low, low and moderate workforce household income levels. Small-lot single-family homes, cottages, townhomes or housing over retail for homeownership (where commercial zoning is in place) and/or rental are all housing types that may be appropriate within overlay areas.

(3)

A conceptual plan approved by the Planning and Zoning Commission and City Council will require no additional meetings before the Planning and Zoning Commission or City Council, as long as the plan is not significantly altered.

(e)

Project suitability criteria. The determination of whether parcels within the overlay area are suitable for an affordable incentive bonus will require satisfaction of all the following criteria:

(1)

The site is located within a designated affordable housing overlay area;

(2)

The housing types proposed result in sales prices that are affordable to the local area's workforce, based on the distribution of moderate, low and very low income levels;

(3)

Neighborhood commercial services are within a half-mile of the proposed development; and

(4)

The project is able to connect to community water and sewer and other public services are available.

(f)

Incentives. To encourage voluntary participation in the affordable housing overlay process, the City may provide the following incentives:

(1)

Streamlined permitting process.

(2)

Waiver or deferral of planning and building permit fees (but not fees for the purpose of financing infrastructure improvements).

(3)

Priority allocation of concurrency review items.

(4)

Reduction of setbacks.

(5)

Increased flexibility in types of housing units.

(g)

Uses.

(1)

Principal. No building, structure, land or water shall be used, in whole or in part, except for one or more of the following uses:

a.

Single-family dwellings.

b.

Townhouses (no more than four attached).

c.

Foster care home with a maximum of three clients, provided said foster care home meets all of the special conditions, standards and requirements set forth in Section 118-776.

d.

Group care facility with a maximum of three clients, provided said group care facility meets all of the special conditions, standards and requirements set forth in Section 118-776.

e.

Emergency shelter home for children, provided said emergency shelter home for children meets all of the special conditions, standards and requirements set forth in Section 118-776.

(2)

Accessory. The following uses may be used in conjunction with one or more of the principal uses:

a.

Garages, carports or space for the housing or parking of private automobiles.

b.

Guest cottages having an electrical meter shared with the principal structure, limited to a maximum of 600 square feet.

c.

Ordinary public utility uses and rights-of-way.

d.

Swimming pools.

e.

Detached accessory building, subject to all conditions, limitations and restrictions set forth in Section 118-746.

(h)

Setback requirements.

(1)

Front. The minimum front setback required is ten feet, except for the garage, which, when facing the street, must be a minimum of 20 feet.

(2)

Rear. The minimum rear setback required for the principal building is 20 feet from the rear lot line, except that the minimum rear setback for a screened porch attached to the rear of a principal building is 15 feet.

(3)

Side. The minimum side setback required is 7½ feet from either one of the side lot lines of the property and 7½ feet from the other (opposite) side lot line of the property. When attached units are built there shall be a zero setback between townhouse units.

(4)

Corner lots. Corner lots shall have a setback of not less than 20 feet from existing street rights-of-way and the same as Subsection (a) of this section.

(5)

Accessory building setback requirements. Detached accessory buildings are subject to all conditions, limitations and restrictions set forth in Section 118-746.

(6)

Measurement. The exterior wall of a house, or the wall or roof vertical support of an addition, shall be considered the building line when measuring.

(i)

Height requirements. Building height: Maximum building height is 25 feet. Affordable housing units may have an increase in the height, if approved by the Planning and Zoning Commission and City Council; however, the side setbacks must increase one foot horizontally for every one-foot increase in height.

(j)

Lot requirements.

(1)

Area. The minimum lot area required is 5,000 square feet, except that corner lots shall be 7,500 square feet for single-family detached. Attached structures must be a minimum of 2,500 square feet.

(2)

Width. Detached structures shall have a minimum lot width of 50 feet, except that corner lots shall be 60 feet. Attached structures shall have a minimum width of 25 feet.

(3)

Depth. Detached and attached structures shall have a minimum lot depth of 90 feet.

(4)

Buildings. Not more than one principal dwelling building shall be constructed or placed on any one lot.

(5)

Reconfiguration. Lots may be reconfigured to allow for the design of attached townhouses; however, the net density of the entire area may not be increased nor the number of lots increased.

(k)

Building requirements.

(1)

Lot coverage. The maximum allowable lot coverage is 35 percent of the land that may be covered by the principal and accessory buildings or structures, excluding driveways and concrete slabs, located thereon. The maximum allowable lot coverage by driveways and concrete slabs is 20 percent. An accessory building not exceeding 12 feet in height may occupy not more than 35 percent of a required rear yard. This provision does not apply to swimming pools.

(2)

Area. The minimum living area is 900 square feet; the maximum living area shall be 1,500 square feet for affordable housing project units.

(3)

Density. The maximum density for this overlay area shall be restricted to the number of units in this unrecorded subdivision.

(l)

Reimbursement of fees. The property owner requesting the designation of the property for the incentives set out in Subsection (f) of this section must execute an agreement, which will be recorded in the public records as a lien on the property for repayment of any incentives granted to the property owner by the City should the property owner sell and/or transfer title to the property as follows:

(1)

Reimburse the City 100 percent of all incentives if the property is sold within one year of the grant of incentives.

(2)

Reimburse the City 75 percent of all incentives if the property is sold within two years of the grant of incentives.

(3)

Reimburse the City 50 percent of all incentives if the property is sold within three years of the grant of incentives.

(4)

Reimburse the City 25 percent of all incentives if the property is sold within four years of the grant of incentives.

(5)

No reimbursement after four years.

(LDR 1990, § 60.90; Ord. No. 1415-2006, § 1, 8-16-2006; Ord. No. 1437-2007, § 1, 1-17-2007)