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Bozeman Community Housing Action Plan
September Working Group Packet
09/10/2019
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Overview of Public + Working Group Process To-Date
Summary of Public Input To-Date
• Public Open House: August’s Open House was the second public session for the Bozeman Community Housing
Action Plan.
• Public Workshop: In the first public session, held in May, participants were asked to provide feedback on draft
objectives for the Bozeman Community Housing Action Plan (i.e., own/rent ratio, rate of building vs. job growth,
metrics for plan (% or # of units), income targets to prioritize).
Housing Working Group Process To-Date
• The Bozeman Community Housing Action plan has been stewarded by a group of 22 diverse community leaders
since May 2019 called the Bozeman Community Housing Action Plan Working Group
• In June and July the Working Group focused on:
o Tools: that could be implemented, such as funding, programs, regulations, incentives, land/partnership,
preservation, to help address the housing needs in the community. Along with technical support from the
consultant team, the group prioritized the tools they felt were most appropriate for the community;
o Strategies: developed prioritized tools into housing strategies by identifying specific actions that the
community could take to implement each of the preferred tools.
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How to Use this Packet – Instructions for September Sessions
This packet contains information on the draft Action Plan progress to-date. The summary of strategies
contained in this document reflect what was presented to the public at the August open houses. We will use
this information, along with the summary of input received from the open house provided to the working group
in a separate document, to work with the working group to adjust plan strategies and develop a schedule for
implementation and identify roles/responsibilities for each strategy at the September work sessions.
More specifically, at the September 10th and 11th working group sessions, we will be working through the
following:
1- Review the top-tier and lower-tier strategies for refinements;
2- Identify partners that will take lead and supporting roles for identified strategies;
3- Create a 5-year timeline with detailed strategies identified and longer term implementation needs;
4- Revisit the Draft Plan Objectives in light of open house comments and refined strategies; and
5- Identify additional plan capacity and implementation needs and a schedule for tracking progress.
Please review this packet prior to the first Worksession and be ready to dive in, discuss and finalize.
Please review, as well, the Open House packet shared separately. This contains a brief overview of the open
house process; a brief summary of comments received; and detailed scribe of all comments received by topic
area.
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Draft Action Plan Components
Table of Contents
COMMUNITY ACTION PLAN DRAFT OBJECTIVES ............................................................................................................... 5
REGULATIONS STRATEGIES SUMMARY ................................................................................................................................ 6
INCENTIVES STRATEGIES SUMMARY .................................................................................................................................... 8
PRESERVATION STRATEGIES SUMMARY ............................................................................................................................. 11
FUNDING STRATEGIES SUMMARY ...................................................................................................................................... 14
PARTNERSHIPS STRATEGIES SUMMARY .............................................................................................................................. 18
PROGRAMS STRATEGIES SUMMARY .................................................................................................................................. 21
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Draft Objectives
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Regulations Strategies Summary
Requires new commercial
development to provide
housing or pay fees for a
portion of employees
needed to fill the new jobs
generated by the
development. Nexus study
is required to determine the
mitigation requirement.
Fluctuates with building
activity.
• Conduct Nexus Study to evaluate the potential impact of
linkage on community housing and businesses.
• Consider the impact on business growth and the impact on
the community of doing nothing (status quo).
• Identify peer communities and evaluate what has worked
and not worked: learn from others.
• Make it easy for employers to build housing today if they want
to: e.g. residential above commercial or on same lot.
Requires that new
residential subdivisions and
PUD’s include/build homes
that are deed restricted for
community housing.
• Revisit Affordable Housing Ordinance: evaluate what has
worked and not.
• Apply to multi-family development, as well as single-family:
ownership and rental.
• Incorporate incentives along with housing development
requirement.
• Consider addressing up to 120% AMI for ownership.
• Require deed restrictions to be permanent.
• Ensure consistency with other development codes.
* Indicates that Bozeman has implemented at least part of the tool listed; alterations may be available to better meet community housing needs.
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ANNEXATION POLICIES:
Negotiating restricted community housing as part of annexation agreements. Policy based. Entities have
discretion in negotiations. This is a widespread practice among communities with community housing programs.
Strategy session comments:
• Could apply to County “donuts” within the City.
RESIDENTIAL LINKAGE:
Requires new residential development to provide housing or pay fees for a portion of employees needed to fill
the new jobs generated by the development. Nexus Study required. Mitigation rate often increases with house
size. Fluctuates with building activity.
Strategy session comments:
• Consider residential linkage if commercial linkage is applied. Ensures all contribute to community housing
impacts, not just one group.
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Incentives Strategies Summary
Updating/modifying code
provisions and procedures
that impair community
housing development. For
example, removing dual
approval processes,
ensuring codes are
consistent, simplifying
applications. Complete
code review and rewrite
might be required.
• Make process more predictable, transparent, useful and
ensure codes produce what we want.
• Form committee to explore code inconsistencies and
disconnects.
• Include UBC code and all codes in review (cottage housing
ordinance, ADU, PUD, etc.).
• Use list of recent Planned Unit Development (PUD) relaxations
as a starting point.
Water/sewer, building permit
or other fees waived in part
or whole or deferred until
occupancy/sale to reduce
upfront cost to build.
General funds or other
source need to cover cost if
fees waived or reduced
and/or for the deferral
period.
• Current fee deferral for 65% to 80% inclusionary zoning units
imposes the payment of the fee on homebuyers that we are
trying to help – revisit.
• Structure fees to incentivize desired development (e.g. lower
fees for smaller ownership and for-rent units, etc.).
• Explore options to cover the cost of reduced fees – general
fund, tax increment financing (TIF), etc.
• Create an upfront schedule of all fees for developments –
predictability.
• Ensure homes benefit the community (deed restricted) if get
reduced fees.
* Indicates that Bozeman has implemented at least part of the tool listed; alterations may be available to better meet community housing needs.
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FLEXIBLE DEVELOPMENT STANDARDS*:
Modified land use regulations in exchange for community residents at prices they can afford. May include
reductions in parking, setbacks, open space, height limits, road widths, etc. Specific bonuses, overlay zones,
incentive zones, and performance zoning can be used. Quality, compatibility, safety and neighborhood
impacts are concerns.
Strategy session comments:
• Create predictable list of incentives that are by-right (approved by staff) in exchange for providing
community housing benefit
• Create tiny home ordinance – permit tiny home villages
• Restore mobile home code section
DENSITY BONUS:
Providing additional density in exchange for community housing. Must be large enough to entice development
yet small enough for livability and compatibility. Not effective if existing zoned densities are high (e.g. when
zoned at a level where developers have trouble building to existing densities).
Strategy session comments:
• Parking will be of concern if more density allowed in some areas
• May need to modify existing densities for bonuses to be effective
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ACCESSORY (SECONDARY) DWELLING UNITS (ADUs)*:
An ADU is a second smaller home sharing a lot with a single-family or townhome residence. Some examples of
ADUs include an apartment over a garage, a tiny house in the backyard, or a basement apartment. Accessory
dwellings that may be restricted for use by residents and employees are appropriate in many neighborhoods,
yet compliance monitoring is needed.
Strategy session comments:
• Explore removing special use permit requirement for a detached ADU in R-1 zone (ministerial review only)
• Decrease the cost of ADUs (i.e. permitting, impact fees, parking regulations).
• Make pre-engineered ADU designs available for free – only a building permit needed to construct.
• Deed restrict units that receive an incentive/public break to build to ensure community benefit – e.g.
long term rental, resident/employee occupancy.
SHORT TERM RENTAL (STR) RESTRICTIONS*:
Prohibitions in zones where employees and residents reside, limiting the number in defined areas, requirements
that dwelling units be occupied as primary residences part time, prohibiting STR of restricted community
housing.
Strategy session comments:
• Appropriate to prohibit STR of ADUs that receive public incentives/breaks to build.
FAST TRACK PROCESSING:
Gives priority to developments that include community housing. May include expedited approval; help
navigating entitlements (ombudsman approach).
Strategy session comments:
• Need more staff capacity in order to fast track applications.
• Potential for discontent among market rate developers if other projects move ahead.
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Preservation Strategies Summary
Dwelling units permanently
restricted by occupancy
(local employee/resident),
income level, and with
rent/resale restrictions to
retain affordability in rising
and high cost housing
markets.
• Transition to a permanent restriction when publicly subsidized
community housing units are created.
• Align with other policies: fee waivers and incentives.
• Create a permanent deed restriction that balances long-
term affordability with wealth creation.
• Structure the eligibility and occupancy criteria to ensure
“fairness.”
• Increase management capacity - begin by evaluating
existing capacity, considering adjustments, and/or
establishing a new entity, such as a Housing Authority or
Community Land Trust.
• Emphasize customer service, such as one point of contact.
Community nonprofit owns
land, develops housing and
provides long-term
stewardship for permanent
affordability through long-
term ground leases.
Typically, single family or
townhomes for moderate
and middle-income
households.
• Consider establishing a Community Land Trust (CLT)
organization that has the capability to take on management
responsibilities of permanent restrictions.
• Coordinate with existing housing providers with CLT homes to
increase efficacy and avoid redundancy.
* Indicates that Bozeman has implemented at least part of the tool listed; alterations may be available to better meet community housing needs.
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HOUSING REHABILITATION AND WEATHERIZATION*:
Repairing, updating, enlarging, improving energy efficiency, and providing handicapped accessibility, typically
with Federal or State grants with strict limitation on who can be served. Staff/time intensive. Does not increase
inventory of Community Housing; rather improves the quality of the existing housing inventory.
Strategy session comments:
• Separate Housing Rehabilitation (e.g., The Boulevards) and current weatherization program.
• Enables people to stay in their homes.
• Weatherization serves households earning <60% AMI.
• Low interest loans to rehab homes.
• Keep – it’s a good thing.
NO NET LOSS:
Requires replacement of below-market dwellings occupied by residents when redevelopment occurs.
Similarly-priced units should be replaced on site or another site, or a fee-in-lieu of replacement could be
allowed. Demolition tax used to fund replacement.
Strategy session comments:
• A demolition fee was discussed in the ”Funding” strategy session (Station #5)
• Homes transition from serving lower incomes to higher incomes – red to green on the bridge.
• Some demolition and redevelopment is good.
• Provide similar plan for displaced individuals as TIF regulations.
• Disincentivizes rehabilitation and redevelopment.
• Must define substandard/unsafe housing that is best removed/redeveloped
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CONDOMINIUM CONVERSION POLICY:
Limiting or prohibiting conversion of apartments to condominiums to retain rental housing. May require some
portion of converted units to be restricted community housing or provide first right of refusal of sales to
apartment occupants, among other conditions. Some impose a conversion fee that goes into a housing fund.
Strategy session comments:
• A conversion fee was discussed in the “Funding” strategy session.
• Converted apartments to condominiums can create an entry level homeownership opportunity.
• Conversions from apartments to condominiums are overseen by the state – would need to establish a
city tracking system.
DEED RESTRICTION - LOCAL PREFERENCE (NEW):
A deed restriction can be structured to give occupancy preference or priority to certain households, as long as
the preference does not discriminate against protected classes (race, color, religion, sex, handicap, familial
status, national origin) in violation of the Fair Housing Act. Common preferences include employees that are
working a certain number of hours in the community, employees that have worked a certain number of years
in the community, and critical employees such as emergency service providers.
Strategy session comments:
• Big Sky requires 1590 hours of employment in community.
• Discrimination of “new locals.”
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Funding Strategies Summary
An annual or occasional
budget allocation primarily
to support staffing, pre-
development and gap
financing for community
housing.
• Maintain in the short-term until broad-based, reliable funding
source is secured.
• Establish allocation criteria to inform use of the City’s
Affordable Housing Fund.
Sales, property, lodging,
short-term rental fee, real
estate transfer, excise tax,
vacancy tax, unit
demolition or conversion
fees. Voter approval
required in most states.
Revenue stream can be
used for most housing-
related activities.
Approval requires
extensive public
education.
• Pursue either a mill levy or bond issue.
• Coordinate with a comprehensive education campaign.
• Consider citywide Special Improvement District
• Evaluate what entity should hold funds collected (City, new
Housing Trust fund, etc.).
• Evaluate who should administer allocation of funds, taking
into consideration accountability requirements with the use
public funds.
• Establish allocation criteria that considers: scoring system,
leverages funds, aligns with income targets, requires
permanent affordability.
A federal program that
creates an incentive to
finance rental housing for
households below 60% AMI.
• Work with the “Complete Count Committee” to assist with the
2020 census count. An “Entitlement Community”, or city with
a population of 50,000, receives increased and direct tax
credit allocations.
• Get Bozeman representation on the Montana Board of
Housing.
* Indicates that Bozeman has implemented at least part of the tool listed; alterations may be available to better meet community housing needs.
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OPPORTUNITY ZONES:
The Opportunity Zones investment incentive was established in 2017 to encourage long-term private
investments in low-income communities. Opportunity Zones are eligible to receive private investments through
opportunity funds in the Bozeman area. The program does not explicitly address below-market community
housing but may be designed to do so.
Strategy session comments:
• Not recommended for immediate use – new, untested, and complex
• Need education
• Economic Development tool, does not have any affordability incentives or controls
• City’s AHO could require some community housing in opportunity zones
• Tax credit projects get an equity boost in Opportunity Zones
FEDERAL AND STATE GRANTS/LOANS:
Federal and State grants/loans for affordable housing, generally for construction of units. These include CDBG,
HOME, and USDA/Rural Development. Major federal funding cuts proposed. Can only serve low income
households (<50%, 60% or 80% AMI). Competitive and complicated grant application and administration
process.
Strategy session comments:
• Utilized to the max right now.
• Allocation process skewed toward smaller communities. Takes longer to pull required information
together in larger population communities such as Bozeman.
• Highly competitive.
• A population >50,000 would push Bozeman to an “Entitlement Community” status, which would increase
availability and provide direct access to funding sources.
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SPECIAL IMPROVEMENT DISTRICT:
Special Improvement Districts (SIDs) are typically formed to fund public improvements, typically infrastructure
(roads, sewer, etc.) or maintenance of City facilities or services. Costs are distributed across the properties
within the SID that benefit from the improvements. Use specifically for housing is not common.
Strategy session comments:
• Consider a city wide special improvement district.
• Requires approval by 60% of the property owners in the proposed district.
• System in place.
• State regulations may be a challenge.
TAX INCREMENT FINANCING (TIF):
Allocation of new property and/or sales tax in urban renewal districts (URD). Usually supports economic
development projects; use for community housing is not common. Authorized to improve economic conditions
without connecting to an URD in MT. (see §7-15-4288 MRA)
Strategy session comments:
• Takes increased tax money away from schools.
• Change TIF criteria to consider community housing.
• Potential challenges with state regulations and use for housing.
• Vulnerable at the state.
• Downtown District – considering use to incentivize ADUs and 1-bedroom units.
• Indirectly supports community housing.
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DEBT FINANCING WITH FAVORABLE TERMS:
Low interest loans, tax exempt bonds, certificates of participation and other forms of development financing
available to housing authorities, cities, counties and some non profits.
Strategy session comments:
• Favorable terms include 100% LTV (loan to value) and 30-40 year amortization.
• Create a pot of money to use and leverage.
PRIVATE DONATIONS/ GRANTS*:
Tax deductible contributions to a non-profit organization, which purchases or develops housing. Competes with
other charitable causes.
Strategy session comments:
• Donations to non-profit builders
• Philanthropic grants
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Partnerships Strategies Summary
Public/institutional
organizations partnering
with the private sector for
development expertise to
build community housing
on publicly owned site.
May be vacant or under-
utilized land. May also
include institutional
properties.
• Establish criteria to prioritize site(s).
• Understand partner and site constraints.
• Facilitate partnerships.
• Issue Request for Proposals with desired community housing
outcomes.
• Keep prioritized list for future housing opportunities.
Acquiring land for eventual
community housing
development. Acquisition
may occur through
purchase, trades, life
estates, donation (non-
profits), in-lieu requirements.
• Establish criteria to prioritize sites(s).
• Inventory potential opportunities.
• Understand constraints.
• Include vacant, underutilized, redevelopment.
• Idaho Pole Site – current potential, private site (see map).
* Indicates that Bozeman has implemented at least part of the tool listed; alterations may be available to better meet community housing needs.
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• Location – transit, near work, walkability
• Ready for development
• Near services (medical, stores, etc)
• Political support in place
• Infrastructure in place
• Zoning – suitable for housing
• Neighbor acceptance
• Legal issues
• Price
• Partnership potential
• Ease of purchase (multiple owners, etc)
School District – cannot use for non-school housing; only school employees
MSU – constrained by University Regents mission: student and research focus
City and County – competing needs/uses, political/resident support, topography, changing uses
(e.g. undeveloped space to housing)
Bozeman Health – not housers, health providers
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A – County E – 1-acre
next to rest home
Opportunity to help subsidize rest home operations
B – City E – Fowlers Ave Stream and street issues
C – School district E/M – Bus barn
(18 acres)
Would need new bus barn location (3 acres)
D - School district M – Chief Joseph Site Corner piece undeveloped/open
E – School district M – all other parcels Potential competing school needs
F – County M – Park Would need park site replacement
G – Bozeman Health M – East Highland Site Land is for community benefit uses:
CONSTRAINT: important open space
Potential Addition: already discussing potential for housing in north Bozeman
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Programs Strategies Summary
PSH pairs housing with
supportive services to
transition chronically
homeless into home
security. Transitional
housing provides temporary
assistance to bridge the
gap from homelessness to
permanent housing.
• Inform developers of PSH incentives/opportunities.
• Identify needs (HRDC).
• Form housing group to advocate for more state funds.
• Implement FUSE model to more efficiently and effectively
provide services (HRDC).
Down payment assistance
of grants or second
mortgages for qualified
buyers. Can be used for
restricted or market units.
• Build upon existing program through the city, HRDC, Habitat
for Humanity.
• Seek local funding to serve households up to 120% AMI.
• Community education program – financial literacy and
assistance options.
• Work with employers to assist employees. Technical
assistance, loan/grant options, administration, etc.
* Indicates that Bozeman has implemented at least part of the tool listed; alterations may be available to better meet community housing needs.
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SENIOR HOUSING*:
High density, smaller, low maintenance units designed for retiring residents
Strategy session comments:
• Research full range of senior housing and service needs
• Understand what is working well and not.
• Expand reach of needs to more than low-income renters.
• Identify partners – a leader for this program.
EMPLOYER ASSISTED HOUSING (EAH):
Providing housing support to employees. May be direct employee support (help with housing search, down
payment, rent/mortgage, relocation) or master lease/buy/construct units
Strategy session comments:
• Education outreach to employers – options and tools available.
• Symposium/education session led by Chamber, employers with programs, or other (TBD).
• Next step: gauge interest in options, find leaders to carry forward.
CONSTRUCTION EDUCATION EXTENSION (NEW):
Work with local education system (high school technical extension, community colleges, post-secondary
education) to provide training in the construction trades industry.
Strategy session comments:
• Shortage of construction labor – program can help build local labor/expertise.
• High school and MSU as potential partners.
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CO-OP or CO-HOUSING:
Common ownership and management of purpose-built communities.
Strategy session comments:
• Explore as a means to preserve mobile home parks.
• Reach out to NeighborWorks/HRDC – how does the program work, can it work here.
HABITAT FOR HUMANITY*:
International organization with local chapters that use volunteers and donations to build modest homes.
Affordability may not be permanent.
Strategy session comments:
• Active in the area; keep doing it.
• Limited by scaling ability – modest production.
• Land costs a challenge in Bozeman.
SELF HELP BUILD*:
Homebuyers receive low interest loans and technical assistance for their construction of homes. Requires large
time commitment.
Strategy session comments:
• Active in the area; keep doing it.
• Scalability a problem.
PUBLIC SECTOR DEVELOPMENT:
Initiating, designing, financing and constructing dwelling units by municipalities, counties and/or housing
authorities. Similar to developing other public infrastructure.
Strategy session comments:
• Requires public sector capacity and specific expertise.
• Has financial risk.