City of Atlanta
Georgia

Ordinance
17-O-1463
Adopted Substitute as Amended
Nov 6, 2017 1:00 PM

****AN ORDINANCE BY COUNCILMEMBER MICHAEL JULIAN BOND, KEISHA LANCE BOTTOMS, C.T. MARTIN, CARLA SMITH, KWANZA HALL, ANDRE DICKENS, IVORY LEE YOUNG, JR. MARY NORWOOD AND ALEX WAN AS SUBSTITUTED BY COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND AMENDED BY FINANCE/EXECUTIVE COMMITTEE AMEND CHAPTER 54 (COMMUNITY DEVELOPMENT) TO ADD ARTICLE IV, ENTITLED “AFFORDABLE HOUSING HOMESTEADING PROGRAM”; TO AMEND SECTION 2-1571 (METHODS), SUBDIVISION III (SALE AND DISPOSITION), DIVISION 14 (REAL ESTATE), ARTICLE X (PROCUREMENT AND REAL ESTATE CODE), CHAPTER 2 (ADMINISTRATION), TO ADD A NEW SUBSECTION (a)(5) TO EXEMPT THE AFFORDABLE HOUSING HOMESTEADING PROGRAM FROM THE SALE AND DISPOSITION PROCESS FOR CITY-OWNED REAL PROPERTY; AND FOR OTHER PURPOSES.
OR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, Post 3 At-Large Andre Dickens, Councilmember, District 10 Clarence "C. T." Martin, Councilmember, District 1 Carla Smith, Councilmember, District 3 Ivory Lee Young Jr., Councilmember, District 11 Keisha Lance Bottoms, Councilmember, District 2 Kwanza Hall, Councilmember, Post 1 At-Large Michael Julian Bond
Category:Personal PaperFunctions:None Required

Attachments

  1. Printout
  2. 25 NEW SECTION 2-1580

Item Discussion

(Referred to Finance/Executive Committee by Community Development/Human Services Committee, Favorable on Substitute as amended on 10/24/17; Joint worksession was held 9/28/17.)

 

Body

WHEREAS, the City of Atlanta (the “City”) continues to experience an acute and growing affordable housing shortage that is causing great concern to many of the City’s residents; and

 

WHEREAS, Jacksonville, Florida has adopted policies to use surplus properties to develop affordable housing, where feasible; and

 

WHEREAS, the City recognizes that land acquisition costs are a challenge in developing affordable housing in the City; and

 

WHEREAS, the City desires to adopt a program to reduce land acquisition costs for housing developers in order to make it more feasible to produce units affordable to low-income households; and

 

WHEREAS, pursuant to O.C.G.A. § 36-37-6(e)(2)(C) the State of Georgia has enabled municipalities to dispose of real property outside of a sealed bidding process when such property is disposed of pursuant to a homesteading program; and

 

WHEREAS, the Atlanta City Council finds that the creation of the Affordable Housing Homesteading Program will constitute a significant benefit to the City.

 

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS:

 

Section 1: The City of Atlanta Code of Ordinances is hereby amended to add a new article to Chapter 54 (Community Development) to read as follows:

 

              Article IV. - Affordable Housing Homesteading Program.

 

                            Sec. 54-86 - Procedures.

(a)              The director of real estate portfolio in consultation with the chief procurement officer or his or her designee will submit to the City’s Office of Housing and Community Development in January of each year a list of potential surplus properties which are no longer useful or needed by the City. In determining whether City-owned real property is potentially surplus for the purposes of this Article, the director of real estate portfolio will consider whether title to the real property is good, marketable and insurable.

(b)              The Office of Housing and Community Development will have sixty (60) days after receipt of the list from the director of real estate portfolio to review the list and determine whether any of the potential surplus properties on the list are feasible for development as owner-occupied affordable housing.  The Office of Housing and Community Development will consider the following factors in making its determination: (1) whether the property is large enough and of an appropriate shape for the development of one or more housing units; (2) whether utilities such as water, gas, and electricity would be available to one or more new housing units at the site; (3) whether the current zoning or land use designation of the parcel allows for residential uses; and (4) such other factors as the Office of Housing and Community Development deems necessary or appropriate, including the availability of property near public transit.

(c)              After the Office of Housing and Community Development identifies which potential surplus properties are feasible for development of owner-occupied affordable housing (the “Affordable Housing Property List”), the Office of Housing and Community Development will submit an ordinance containing the requirements provided herein to the Community Development and Human Services Committee.  The ordinance will contain a finding that the properties on the Affordable Housing Property List are surplus and will approve the properties to be advertised and disposed by request for proposals pursuant to Chapter 2, Article X, Division 4, Section 2-1189 and this Article IV.

(d)              Upon Atlanta City Council approval of the ordinance, the Office of Housing and Community Development will send a request to the chief procurement officer to issue a public notice for request for proposals from nonprofit and for-profit developers to produce or rehabilitate owner-occupied housing units on a maximum of five (5) surplus properties per developer per year that will be sold below market value. The request for proposals will encourage proposals that use creative strategies to lower construction costs for single-family homes, including partnerships with job training agencies, innovative methods of construction, and smaller houses, with a preference to develop housing targeting households earning zero (0) to thirty (30) percent of the United States Department of Housing and Urban Development Atlanta-Sandy Springs Marietta Area Median Income (AMI).  The request for proposals will provide a maximum ninety (90) day period to respond.

(e)              To become eligible to purchase a property, the nonprofit or for-profit developer must agree to develop owner-occupied affordable housing units on the property to be sold to households earning at or below eighty (80) percent of the area median income (AMI) as calculated and published annually by the U.S. Department of Housing and Urban Development for the Atlanta-Sandy Springs-Marietta metropolitan area, with a preference for projects targeting households earning zero (0) to thirty (30) percent of the AMI (the “Affordable Housing Covenant”).  The Affordable Housing Covenant will run for a term of twenty (20) years.  The Affordable Housing Covenant will contain appropriate limits on homeowners gaining full equity from re-selling the owner-occupied units during the twenty (20) year period. 

(f)              The City’s Law Department shall prepare the Affordable Housing Covenant and all appropriate documents to be filed in the land records of Fulton County or DeKalb County to accompany any sale or resale of properties pursuant to this section in a manner consistent with this ordinance. Upon execution of an appropriate Covenant, the Chief Procurement Officer or his or her designee shall sell any properties deemed feasible for affordable housing to a Non-Profit Developer or for-profit developer.

Section 2: The City of Atlanta Code of Ordinances is hereby amended to add a new subsection to Section 2-1571 (Methods), Subdivision III (Sale and Disposition), Division 14 (Real Estate), Article X (Procurement and Real Estate Code), Chapter 2 (Administration) to read as follows:

 

(a)(5) Homesteading Program(s) as provided in Chapter 54 (Community Development). Any city-owned real property disposed of pursuant to the Affordable Housing Homesteading Program may be disposed of through a request for proposals process as set forth in Article IV, Chapter 54.

 

Section 3: This ordinance shall become effective when signed by the Mayor or as otherwise provided by law.

Section 4: That all ordinances and parts of ordinances in conflict herewith are hereby waived to the extent of the conflict only.

 

Meeting History

Jul 17, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Jul 25, 2017 12:30 PM Video Community Development & Human Services Committee Regular Committee Meeting
draft Draft

SUBSTITUTE

Friendly Amendment Accepted Unanimously - to add Co-sponsor, Mary Norwood and Alex Wan

RESULT:HELD IN COMMITTEE [UNANIMOUS]
MOVER:Cleta Winslow, District 4
SECONDER:Andre Dickens, Post 3 At-Large
AYES:Natalyn Mosby Archibong, Michael Julian Bond, Cleta Winslow, Mary Norwood, Joyce Sheperd, Ivory Lee Young Jr., Andre Dickens
Jul 26, 2017 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft

Senator Vincent Fort

Melissa Mullinax

Katrina Taylor Parks

Aug 21, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Aug 29, 2017 12:30 PM Video Community Development & Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Aug 30, 2017 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
Sep 5, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 18, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 26, 2017 12:30 PM Video Community Development & Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [4 TO 0]
AYES:Natalyn Mosby Archibong, Joyce Sheperd, Ivory Lee Young Jr., Andre Dickens
AWAY:Michael Julian Bond, Cleta Winslow, Mary Norwood
Oct 2, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 10, 2017 12:30 PM Video Community Development & Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
AYES:Natalyn Mosby Archibong, Michael Julian Bond, Cleta Winslow, Mary Norwood, Joyce Sheperd, Ivory Lee Young Jr., Andre Dickens
Oct 16, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 25, 2017 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE/SUB/AMENDED [UNANIMOUS]
MOVER:Alex Wan, Councilmember, District 6
SECONDER:Felicia A. Moore, Councilmember, District 9
AYES:Howard Shook, Yolanda Adrean, Alex Wan, Natalyn Mosby Archibong, Carla Smith, Clarence "C. T." Martin, Felicia A. Moore
Nov 6, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED SUBSTITUTE AS AMENDED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

RESULT:ADOPTED SUBSTITUTE AS AMENDED [UNANIMOUS]
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, Carla Smith, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A. Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce Sheperd
ABSENT:Kwanza Hall