5.10.B

AFFORDABLE HOUSING UNIT REQUIREMENT ¹

¹Only rental Affordable Housing Planned Developments are available at the time of adoption of this text amendment. It is anticipated that the for-sale option will become available upon the full implementation of the Inclusionary Zoning program.

1.  Affordable housing units shall be either rental affordable housing or homeownership affordable housing.

2.   All of the following developments that result in or contain ten or more rental housing units shall include ten percent (10%) of units up to the sixty percent (60%) Area Median Income level; for home ownership, the development shall contain ten percent (10%) of units up to the sixty percent (60%) Area Median Income level:

a.         New residential construction.

b.         New Mixed-use development with a residential component.

c.         Renovation of an established multi-family residential structure.

d.         Development that will change the use of an existing building from nonresidential to residential.

e.         An expansion of an adaptive reuse.

f.          Development that includes the conversion of rental residential property to condominium property.

Developments subject to this paragraph include projects undertaken in phases, stages, or otherwise developed in distinct sections.  If the development contains a phasing plan, the phasing plan shall provide for the development of affordable housing units concurrently and proportionately with the market-rate units.

3.   To calculate the minimum number of affordable housing units required in any development listed in Section 10.B.2 above, the total number of proposed units shall be multiplied by ten percent (10%). If the number of required affordable units results in a fraction, a fraction of 0.5 or more shall be rounded up to the next higher whole number, and a fraction of less than 0.5 shall be rounded down to the next lower whole number.

4.  Distribution of affordable housing units

1. The affordable housing units shall be located on-site within the same structure as the market rate dwelling units. The affordable units shall be spread throughout the development and not clustered on one floor or in one area of the development.
2. The affordable housing units shall be comparable to the market-rate housing units in terms floor area and exterior finishes. Interior finishes or appliances may be different as long as functionality and longevity are retained.

5.  Bedroom mix of affordable housing units

1. The bedroom mix (i.e. the number of bedrooms) of the affordable housing units shall be proportional to the market-rate housing units.

6.  Affordability Term

1. The obligation to provide and maintain a specified amount of affordable housing in a development shall run with planned development designation containing such site for not less than ninety-nine (99) years.

7.  Additional requirements

1. The residents of the affordable housing units shall have access to the same amenities as the residents of the market-rate housing units.
2. The requirement to provide and the standards for providing affording housing units shall not be subject to a variance.
3. All developments that are subject to the standards of the Affordable Housing Planned Development shall include an Affordable Housing Impact Statement (AHIS) with the application.  The AHIS shall provide the following information:
   1. The number of units added at the Area Medium Income Levels (AMI) at or below 80%, 50%, and 30%.
   2. The number of units removed at the Area Medium Income Levels at or below 80%, 50%, and 30%.
   3. The bedroom mix of the unit is to be added or removed (1, 2, 3, 4, etc. bedrooms).
   4. The total number of units added and total number of units removed.

Ord. No. 28036 MCS, §1, March 28, 2019, Zoning Docket 112/18; Ord. 28178, 9-5-19, ZD 49/19; Ord. 28739, 7-15-21, ZD 35/21