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HomeMy WebLinkAboutMultifamily Affordable Housing MAH Zoning Amendment_RedlineTo amend § 240-16.1MAH ResidenƟal District per track changes. § 240-16.1MAH ResidenƟal District. [Added 2-28-2008 by Order No. 2008-077; amended 1-20-2011 by Order No. 2011-039] A. Purpose. The purpose of this secƟon is to authorize by right and by special permit privately iniƟated affordable housing by for-profit or not-for-profit organizaƟons that: (1) Provide for residenƟal development in a manner that is consistent with exisƟng neighborhood development in terms of density and housing types; and (2) Authorize an increase in the permissible density of housing in a proposed development, provided that the applicant shall, as a condiƟon for the grant of said special permit, provide housing for persons of low or moderate income. B. LocaƟon. The MAH ResidenƟal District is idenƟfied on a map enƟtled “Proposed Amendment to the MultiFamily Affordable Housing Residential District” dated January 9, 2025, as shown on the Zoning Map of Barnstable. Map and Parcel InformaƟon for the properƟes within the MAH ResidenƟal District is:  850 Falmouth Road – Assessors Map 250, Parcel 036; Assessors Map 250, Parcel 160  577 Falmouth Road – Assessors Map 271, Parcel 043  825 Falmouth Road – Assessors Map 271, Parcel 097  767 Falmouth Road – Assessors Map 271, Parcel 096 CB. Principal permiƩed uses. The following uses are permiƩed in the MAH District: (1) Single-family residenƟal dwelling (detached). (2) Duplex residenƟal dwellings. DC. Special permit uses. For the purposes of this sec Ɵon, the Planning Board shall be the special permit granƟng authority. The following uses are permiƩed as condiƟonal uses in the MAH District, provided that a special permit is first obtained from the Planning Board subject to the provisions of § 240- 125C herein and subject to the specific standards for such special permit uses as required in this secƟon: (1) MulƟfamily affordable housing developments connected to the municipal sewage collec Ɵon system. ED. Bulk regulaƟons. [Amended 11-2-2017 by Order No. 2018-027] Zoning District Minimum Lot Area (square feet) Minimum Lot Frontage (feet) Minimum Lot Width (feet) Minimum Yard Setbacks (feet) Maximum Building Height1 (feet) Front Side Rear MAH 87,12043,560 200 — 6015 3010 3010 30 NOTES: 1 Height shall be measured from the grade plane to the plate. FE. Density requirements. The total number of residenƟal units allowable as permiƩed uses or within a MulƟfamily Affordable Housing Development (MAHD) shall not exceed 16 20 per acre of upland. MulƟple principal buildings/structures are permiƩed per lot. [Amended 11-2-2017 by Ord. No. 2018-027] G. Parking. 1.5 parking spaces are required per residenƟal dwelling unit. Parking dimensions shall be a minimum of 9’ by 18’. Drive aisle between parking spaces shall be a minimum of 22’. H. Solar. Each residenƟal structure shall be required to install roof mounted solar system(s) equal to at least 6 waƩs per square foot of condiƟoned space. ExcepƟons shall be granted if natural vegetaƟve shading makes all or part of a roof mounted solar system nonviable. The total installed solar may be reduced if it can be shown that the mandated size would exceed the annual energy needs of the structure. The size may be reduced by 25% if a baƩery system of 5 kilowaƩ-hour (kWh) or larger is installed. ExcepƟon shall be if natural vegetaƟve shading makes all or part of a roof mounted solar system nonviable. IF. Affordable units. At least 18100% of the dwelling units shall be affordable units as defined further below and, subject to the following condiƟons: [Amended 11-2-2017 by Order No. 2018-027; 2-4-2021 by Order No. 2021-059] (1) Affordable units for Principle PermiƩable Uses. a. Affordable units to be developed as principle permiƩable uses shall not be subject to Chapter 9 ArƟcle I, Inclusionary Affordable Housing Requirements. b. An individual or household with total annual income that does not exceed the following percentages of the area median income for the Town of Barnstable, as determined annually by the United States Department of Housing and Urban Development: i. 10% of the units shall be affordable to individuals who qualify as no greater than 70% of the Area Median Income. ii. 90% of the units shall be affordable to individuals who qualify between 70% and 100% of the Area Median Income. c. All affordable units shall remain affordable, for a minimum of 15 years through a use restricƟon which shall assure this condiƟon. The use restricƟon shall be structured to survive any and all foreclosures. d. The conƟnuing enforcement of the use restricƟon through subsequent resale of the affordable units shall be the subject of a monitoring agreement. e. No occupancy permit shall be requested unƟl the affordable dwelling units have been approved by the subsidizing agency and evidence of such has been submiƩed to the Town AƩorney. (21) Affordable units for MulƟfamily affordable housing developments (a) An individual or household with total annual income that does not exceed the following percentages of the area median income for the Town of Barnstable, as determined annually by the United States Department of Housing and Urban Development: (i) For the purchaser of a condominium unit: 50%. (ii) For the tenant in a rental unit: 50%. b) All affordable units shall remain affordable, as defined herein, in perpetuity. A use restricƟon shall assure this condiƟon. The use restricƟon shall be structured to survive any and all foreclosures. b) (2) i. The conƟnuing enforcement of the use restricƟon through subsequent resale of the affordable units shall be the subject of a monitoring agreement. (3) ii.The use restricƟon and the monitoring agreement shall be draŌed in compliance with the Local IniƟaƟve Program (LIP), and guidelines promulgated thereunder. The use restricƟon and the monitoring agreement shall be subject to review and approval by the Planning Board and approved as to form by the Town AƩorney's office prior to the issuance of any building permits for any dwelling unit. (4) iii.The affordable unit shall conform to all Department of Housing and Community Development (DHCD) ExecuƟve Office of Housing and Livable CommuniƟes (EOHLC) standards that must be met to qualify these units for inclusion in the DHCD EOHLC Subsidized Housing Inventory (SHI). (5) iv.A right of first refusal upon the transfer of such affordable units shall be granted to the Town or its designee for a period of not less than 120 days aŌer noƟce thereof. (6) v. Affordable units shall not be segregated within the MAHD. The affordable units shall saƟsfy the design and construcƟon standards and guidelines of the Local IniƟaƟve Program with regard to disƟnguishability from market rate units. It is the intent of this secƟon that the affordable units shall be eligible for inclusion in the DHCD EOHLC Subsidized Housing Inventory as LIP units. (7)vi. Affordable units shall obtain occupancy permits issued at the rate of one affordable unit for every four market rate units. Reserved. (8) vii. In compuƟng the number of required affordable units, any fracƟon of a unit shall be rounded up, and the result of this computaƟon shall be the number of affordable units required to be built within the MAHD. Affordable units shall only be located within any development permiƩed under this provision. This standard is not subject to variance. c) (9) No occupancy permit shall be requested unƟl granted unless the affordable dwelling units have been approved by the DHCD EOHLC as eligible for the DHCD Subsidized Housing Inventory under the Local IniƟaƟve Program (LIP) Guidelines. JG. Decision. The Planning Board may grant a special permit for a MAHD where it makes the following findings: (1) The proposed MAHD complies with all applicable subdivision rules unless otherwise waived by the Board. (2) The proposed MAHD complies with the Zoning Ordinance and the requirements of this secƟon. (3) The proposed MAHD provides affordable units consistent with the requirements set forth herein. (4) The proposed MAHD does not cause substanƟal detriment to the neighborhood. K.H. RelaƟon to other requirements. The submiƩals and special permit required herein shall be in addiƟon to any other requirements of the Subdivision Control Law or any other provisions of this Zoning Ordinance. L. I. DefiniƟons. As used in this secƟon, the following terms shall have the meanings indicated: AFFORDABLE UNIT FOR MULTIFAMILY AFFORDABLE HOUSING DEVELOPMENTS A dwelling unit reserved in perpetuity for rental or ownership by a qualified affordable housing unit purchaser or tenant as defined herein and priced to conform with the standards of the Massachuse Ʃs Department of Housing and Community Development (DHCD) Local IniƟaƟve Program Guidelines, in order that such affordable units shall be included in the DHCD Subsidized Housing Inventory. [Amended 2-4-2021 by Order No. 2021-059] APPLICANT The person or persons, including a corporaƟon or other legal enƟty, who applies for issuance of a special permit for construcƟon of a private-iniƟated affordable housing development (MAHD) hereunder. The applicant must own or be the beneficial owner of all the land included in the proposed MAHD, or have authority from the owner(s) to act for the owner(s) or hold an opƟon or contract duly executed by the owner(s) and the applicant giving the laƩer the right to acquire the land to be included in the site. MULTIFAMILY AFFORDABLE HOUSING DEVELOPMENT (MAHD) A development of mulƟfamily residenƟal dwelling(s), including required affordable units and permissible accessory structures, authorized by special permit from the Planning Board as set forth herein.[1] QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER OR TENANT An individual or household with total annual income that does not exceed the following percentages of the area median income for the Town of Barnstable, as determined annually by the United States Department of Housing and Urban Development: [Added 2-4-2021 by Order No. 2021-059] (1) For the purchaser of a condominium unit: 50%. (2) For the tenant in a rental unit: 50%. DUPLEX RESIDENTIAL DWELLINGS A detached residenƟal building containing two dwelling units. USE RESTRICTION FOR PERMITTABLE USES A use restricƟon is a deed restricƟon or other legally binding instrument in a form consistent with the requirements of the subsidizing agency. A use restricƟon shall contain terms and condiƟons for the resale of a homeownership unit, including definiƟon of the maximum permissible resale price, and for the subsequent rental of a rental unit, including definiƟon of the maximum permissible rent. A use restricƟon shall require that tenants of rental units and owners of homeownership units shall occupy the units as their principal residences. USE RESTRICTION FOR MULTIFAMILY AFFORDABLE HOUSING DEVELOPMENTS A restricƟon ensuring the conƟnued affordability of a dwelling unit. A use restricƟon is a deed restricƟon or other legally binding instrument in a form consistent with Department of Housing and Community Development (DHCD) Local IniƟaƟve Program (LIP) guidelines which runs with the land and is recorded with the relevant registry of deeds or land court registry district, and which effecƟvely restricts the occupancy of a low- or moderate-income housing unit to income eligible households during the term of affordability. A use restricƟon shall contain terms and condiƟons for the resale of a homeownership unit, including definiƟon of the maximum permissible resale price, and for the subsequent rental of a rental unit, including definiƟon of the maximum permissible rent. A use restricƟon shall require that tenants of rental units and owners of homeownership units shall occupy the units as their principal residences. [1]Editor’s Note: The definiƟon of “nursing or convalescent home,” which immediately followed, was repealed 11-2-2017 by Order No. 2018-027.