Madison, WI Header
File #: 03470    Version: Name: inclusionary zoning - distribution of proceeds
Type: Ordinance Status: Denied
File created: 4/18/2006 In control: COMMON COUNCIL
On agenda: 6/6/2006 Final action: 6/6/2006
Enactment date: Enactment #:
Title: SUBSTITUTE - Amending Sections 28.04(25)(b) and (h) of the Madison General Ordinances to delete several unnecessary definitions and modify the method of distribution of proceeds from sale of an owner-occupied inclusionary dwelling unit.
Sponsors: Brenda K. Konkel
Attachments: 1. 03470 notice of public hearing.pdf, 2. Planning Staff Report.pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsWatch
6/6/20062 COMMON COUNCIL Re-refer for Recessed Public HearingFail Action details Meeting details Not available
6/6/20062 COMMON COUNCIL AdoptFail Action details Meeting details Not available
5/15/20062 PLAN COMMISSION RECOMMEND TO COUNCIL TO ADOPT - PUBLIC HEARINGPass Action details Meeting details Not available
5/10/20062 Finance Dept/Approval Group Approved Fiscal Note By The Comptroller's Office (SUBSTITUTES)   Action details Meeting details Not available
5/10/20062 Attorney's Office/Approval Group Substitute Created  Action details Meeting details Not available
5/9/20062 Attorney's Office/Approval Group Approved As To Form  Action details Meeting details Not available
5/9/20062 Attorney's Office Fiscal Note Required / Approval  Action details Meeting details Not available
4/19/20061 Clerk's Office Fiscal Note Required / Approval  Action details Meeting details Not available
4/18/20061 Attorney's Office/Approval Group Approved As To Form  Action details Meeting details Not available
4/18/20061 Attorney's Office Fiscal Note Required / Approval  Action details Meeting details Not available
4/18/20061 Finance Dept/Approval Group Fiscal Note Pending  Action details Meeting details Not available
4/18/20061 Attorney's Office Referred for Introduction  Action details Meeting details Not available
4/18/20061 COMMON COUNCIL Refer For Public HearingPass Action details Meeting details Not available
Fiscal Note
This ordinance amendment would modify the sharing of potential equity proceeds in owner occupied affordable housing units between the City and the income eligible owners. Under the current ordinance, any equity generated upon resale of an affordable unit would be shared between the City and the seller based on a complex scheduled calculation incorporating the number of years the owner has lived in the unit, the level of appreciation in each year and other factors including the value of improvements made by the owner. The current formula would result in the owner receiving from 0% to 50% of any equity appreciation which occurred during the period of ownership, with the City receiving the remaining majority. No owner occupied inclusionary zoning units have been sold to date, so there is no actual experience administering the details of this equity sharing formula.

The proposed ordinance amendment would replace this formula with a sharing arrangement where the City would receive a proportionate share of 95% of any appreciation based on the "discounted" price originally paid for the property by the income eligible buyer. For example, if the inclusionary zoning ordinance resulted in an initial purchase price of a unit that was calculated to be 80% of the appraised value, then the buyer would receive 81% of any appreciation and the City would receive the remaining 19%. This change in methodology would simplify some of the reporting and calculation requirements of the current equity calculation formula and would substantially increase the share of future equity accrued by the individual property owners while reducing the City's share by a corresponding amount.

It is difficult to predict, however, what impact this change might have on the total amount of equity appreciation returned to the City. Under the early operation of the existing ordinance, it has been reported that there is very little demand for the first available inclusionary units, pe...

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