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HomeMy WebLinkAboutA5. Reach1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Wendy Thomas, Community Development Director SUBJECT: REACH, Inc., request for financial support from the Community Housing Fund for the payment of $31,989.93 in impact fees for the construction of six affordable rental units serving 10 residents at or below 30% AMI units on property located on the southwest corner of Durston Road and Greenway Avenue. MEETING DATE: October 5, 2015 RECOMMENDATION: Authorize the use of Community Housing Funds supporting the REACH, Inc., for the construction of 10 units of rental units affordable to household earning 30% or less of Area Median Income (AMI). BACKGROUND: REACH, Inc., has submitted a request for the City’s financial support of the group’s construction of an affordable apartment complex, with 10 units affordable to households earning 30% or less of area median household income. The Community Housing Advisory Board (CAHAB) reviewed this item at their September 9, 2015 meeting and voted unanimously to recommend to the City Commission that $31,989.93 be allocated from the Community Housing Fund to support the project. The developer requested the full funding amount for the impact fees for the proposed development. The proposed project will move the community further toward the five year goal of creating 200 multi-family affordable rentals. 282 2 Based on the Action Plan, the community goal between 2012 and 2016 is to create 200 multi-family units using LIHTC to make rents affordable to households earning between 30 and 60% AMI. In this case, REACH, Inc., has been granted funding through HOME to fund a majority of the cost of construction. This project will address housing needs for households earning 30% or less of AMI. We now have the following rental housing projects seeking approval or under construction: Project Name Units Status Stoneridge Apartments 48 Under construction Larkspur Commons Apts 136 Seeking site plan approval REACH Apts 6 Site plan approved Rose Park Apts 42 Seeking tax credit approval The Affordable Housing Action Plan 2012-2016 recommends that the Green Building standards outlined in Appendix C be required of applicants requesting funds. During the review process for the site plan the applicant stated the green building requirements of the Action Plan will be met. In fact, the application was modified in order to use permeable pavers within a watercourse setback. The Action Plan states that an evaluation criteria be used to determine if an application should be supported. In 2014, the City Commission approved the application and scoring sheet recommended for use by CAHAB. You will find the scoring sheet as an attachment to this report. The draft minutes of the September CAHAB meeting are attached for your reference. ALTERNATIVES: 1) Authorize the use of Community Housing Funds to support REACH request; 2) Do not authorize the use of Affordable Housing Funds to support the REACH request; or 3) As determined by the Commission. . FISCAL EFFECTS: The Community Housing Fund currently has a balance of $319, 734. Current obligations for the fund are $247,200. If the REACH, Inc., application is approved the committed funds will total $279,189.93. The three mils approved by the City Commission for the Community Housing Fund for FY 2016 have not yet been allocated to the fund. Attachments: Application Packet from REACH, Inc. Application Scoring Sheet September 9, 2015 CAHAB Draft Minutes Affordable Housing Action Plan 2012- 2016 Report compiled on: September 28, 2015 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 1 City of Bozeman Affordable Housing Action Plan: 2012-2016 Final Draft, May 14, 2012 By Werwath Associates 332 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 2 TABLE OF CONTENTS PART 1: OVERVIEW AND BACKGROUND Executive Summary ................................................................................................................................. 2 Guiding Principles of This Affordable Housing Plan ................................................................................ 3 Housing Needs and Market Conditions .................................................................................................. 4 Regulations Affecting Affordable Housing .............................................................................................. 5 Affordable Housing Programs in Bozeman ............................................................................................. 6 PART 2: AFFORDABLE HOUSING STRATEGIES AND ACTION ITEMS 1. Increase and Preserve the Supply of Affordable Housing in Bozeman .............................................. 7 2. Consider Amending City Regulations to Support Production and Preservation Goals .................... 10 3. Assure Financial and Organizational Capacity ................................................................................. 13 4. Share Crucial Market Data and Report on Progress ........................................................................ 14 APPENDICES A. Affordable Housing Results and Five-Year Goals ........................................................................... 16 B. Requirements for City Support of Affordable Housing Activities ................................................... 17 C. Green Building and Renovation Guidelines for Affordable Housing .............................................. 21 D. Criteria for Reconsideration of Inclusionary Zoning ....................................................................... 23 E. Capacity Building Goals for Local Nonprofit Housing Organizations ............................................... 24 F. Suggested Scope of Work for a Rental Housing Survey ................................................................... 25 Planning Consultants: Peter Werwath and Daniel Werwath Werwath Associates Columbia, Maryland and Santa Fe, New Mexico www.werwathassociates.com 333 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 3 Part 1: Overview and Background Executive Summary During the recent recession, home prices and rents became more available and affordable, although rental housing has since become somewhat more expensive and harder to find. A decline in the number of people employed reduced incomes and demand for housing. But at the same time, losses of income made housing harder to afford for some Bozeman residents. According to the 2010 census, the number of Bozeman households paying over 30% of their incomes for housing increased substantially during the 2000s. Over 6,000 households—28% of homeowners and 49% of renters—were living in unaffordable housing, measuring by that widely accepted 30%-of-income benchmark. The numbers of homeless people and special populations needing affordable housing also increased in recent years. This affordable housing action plan identifies four major strategies to carry out over the next five years: Increase and preserve the supply of affordable housing. The goals of this plan include building 240 affordable rental units. A more tentative goal is set for construction of subsidized homes for sale – only 25 homes—and that number to be built only if the market strengthens. To help strengthen the for-sale home market, the plan calls for providing down payment assistance to 100 low- and moderate-income buyers of modestly priced existing and new homes. The plan also calls for helping 125 low-income Bozeman homeowners repair their homes, weatherizing 350 homes and rental units in the tri-county area, adding 25 transitional housing units for people with special needs, and repairing or replacing some existing special needs housing. Green building guidelines that apply exclusively to City-supported affordable housing are included in this plan. Consider amendments to City regulations. This plan endorses a continued suspension of the City’s Workforce Housing Ordinance, but sets out criteria for considering reinstatement of the ordinance when the for-sale housing market strengthens. The plan also calls for consideration of other regulatory changes: (1) deferring or subsidizing impact fees for affordable housing, (2) allowing the creation of smaller lots with narrower frontage, (3) re-platting of existing subdivisions that have requirements that builders consider burdensome, (4) reviewing current ordinances regulating accessory dwellings, (5) clarifying the zoning status of group homes and (6) studying possible ordinance changes to encourage preservation of mobile home parks. Assure financial and organizational capacity. To carry out the goals of this plan, local nonprofit housing organizations will need to access a substantial amount of currently-available federal funds managed by the State of Montana. The federal Low-Income Housing Tax Credits are a major resource for building affordable rental housing but have not been used in Bozeman for seven years; a goal was set to 334 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 4 encourage the development of 200 rental units using this program, as well as funding from other sources to build 40 affordable apartments for seniors. Another goal is to maximize the effectiveness of the City’s Workforce Housing Fund, by establishing new requirements and priorities for distributing funding. The plan also calls for an increased effort to provide technical assistance to nonprofit housing organizations in Bozeman, to increase their capacity. Share crucial market data and report on progress. Lastly, to better assure that the plan is successfully implemented, several other goals are established: (1) following new, definitive protocols for updating targets for affordable home prices and rents, (2) implementing, if feasible, an annual rental market survey to better inform developers and nonprofits about demand, and (3) publishing an annual report on progress versus the goals of the action plan. Guiding Principles for This Affordable Housing Plan The housing element of Bozeman’s Community Plan, adopted in 2009, declared certain principles that broadly define what is meant by affordable housing, why it is important, and what kinds of actions should be taken, as follows. All residents should have access to decent and affordable housing. Successful delivery of affordable housing should not be measured only by sale prices and rents, but its performance in terms of minimizing energy use and maintenance costs. There is no single home price or rent benchmark that defines “affordable” housing.” Affordability for residents of various incomes levels should be based on ability to pay, since affordability is a function of both housing costs and income. The solutions to providing affordable housing should involve using diverse approaches and mechanisms. Availability of housing for residents of all income levels is essential for attracting and retaining the employers that provide the jobs that are essential to the community’s prosperity. These continue to be sound, comprehensive principles to guide the community’s affordable housing initiatives and the goals of this Affordable Housing Action Plan. For purposes of this plan, affordable rental housing is defined as having rents not exceeding 30% of household income, and affordability for homeowners is a housing payment not exceeding 33% of household income. The affordable housing activities proposed in this plan are intended to serve residents who, without interventions, pay more than that, are homeless, or at risk of being homeless. 335 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 5 Housing Needs and Market Conditions An Affordable Housing Needs Assessment was conducted for the City of Bozeman and published March 6, 2012. The study’s findings about housing needs and market conditions form the basis for this plan. Following are key excerpts. Go to this web page to download the complete report. http://www.bozeman.net/Departments-(1)/Planning/Reports-and-Documents.aspx Economic conditions. Bozeman experienced exceptionally rapid growth in employment, households and its housing stock during the first decade of the 2000s, even considering a serious economic decline that began in 2007. The number of Bozeman residents at work declined from 2007-2010 but stabilized in 2011, although the local unemployment rate was still near its 10-year peak in January, 2012. Reduced employment tends to reduce demand and housing costs, but also makes housing less affordable to households with reduced incomes. Lack of affordability. Home prices and rents declined from their peaks as result of the recession. But even so, the number of Bozeman households paying over 30% of their incomes for housing increased substantially during the 2000s—placing 28% of homeowners and 49% of renters in this category. In other words, housing affordability became a more acute problem. The numbers of homeless people and special populations needing affordable housing also increased in recent years. Needs of homeless people and special populations. The needs study determined that homelessness is on the rise, especially among families. For example, the Haven domestic violence shelter reported a six- fold increase in the total number of shelter nights since 2008. Similar high demand was reported for other special needs categories—such as for people with chronic mental illness and other disabilities. A lack of affordable rental housing is the major contributing factor, but service providers also see a need for more transitional housing with attached services to help residents find employment and otherwise become more self-sufficient. Nonprofit providers see a need for 20 to 35 additional transitional housing units. Affordable housing price points. The City’s affordable needs study indicated a need for more rental housing priced to be affordable to households within incomes at or below 40% of area median income (AMI), corresponding to an affordable rent price point of $600. The study indicated affordability gaps for homebuyers with incomes at or below 65% of AMI, corresponding to an affordable housing price point of $152,000, with the most acute gaps at or below 50% of AMI, corresponding to a price point of $109,000. See Appendix B for an explanation of how these price points are calculated. The HUD- calculated area median income for Gallatin County in 2012 is $60,900 for a family of three. Rental market. A sample survey of low- and moderately-priced apartment properties in January 2011 indicated that average rents for two-bedroom apartments in Bozeman are currently $738, with average 336 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 6 three-bedroom rents much higher, at $977—considerably higher than the affordable price point of $600. Survey data indicates a tightened supply and rising rents especially in the affordable price range— and thus a need for rental construction. During the past seven years, federal subsidies for rental housing have been available to Bozeman rental housing developers but not used due to a severe drop in demand during the recession. By the end of 2011, demand for subsidized and unsubsidized rentals was once again very strong, as indicated by an overall vacancy rate of 2%. A vacancy rate of 5% is considered a healthy balance between supply and demand, allowing for normal turnover and profits, while preventing excessive inflation of rents. Home sales market. The median sale price of all homes sold in Bozeman in 2011—including condominium units—was $207,000 having peaked in 2006 at $258,000. In 2011, over 80% of all homes sold were priced above the affordable price point of $152,000. Homes priced under $152,000 were subsidized or tended to be older and smaller homes. Distress sales of properties in foreclosure have added to the inventory of for-sale homes and undoubtedly reduced the median sale price, but this trend abated in 2011. Several dozen new or recently built condos were on the market in early 2012 at very affordable prices ($95,000 to $130,000)—nearly half of them subsidized. New construction of subsidized homes by nonprofits will not be justified until most of this inventory is sold. Several for-profit builders expect the market for unsubsidized, lower-priced detached homes to accelerate and are offering homes priced in the range of $120,000 for a 760-square-foot two-bedroom homes up to $215,000 for a 1,500-square-foot three-bedroom home. This positive trend can be encouraged by ramping up homebuyer counseling and down payment assistance programs—in order to help lower income homebuyers meet today’s more stringent underwriting standards. Reduced construction activity. Due to reduced demand—especially for new homes—and difficulties in obtaining bank financing, housing construction starts were reduced in 2008 through 2011 to levels that are about half that of 2000-2001, and less than a quarter of the starts in 2004 and 2005. Mobile homes. A survey of selected mobile home parks in Bozeman indicated an average rent of $530, with only four vacancies out of 106 rental homes surveyed, most of them three-bedroom models. Mobile homes are thus an important source of very affordable rental housing, as well as affordable home ownership. Some mobile home parks located just outside Bozeman are endangered by failing well and septic systems. Many older mobile homes are in poor condition. Regulations Affecting Affordable Housing Due to the substantial decline in residential construction, the drop in home prices, and concerns with technical complexities as well as administrative costs, Bozeman’s Workforce Housing Ordinance dating from 2007 was suspended for one year in September 2011, having resulted in no production of affordably-priced homes. 337 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 7 Selected homebuilders who were interviewed pointed to Bozeman’s impact fees as a major factor in the costs of constructing homes. The fees average about $11,000 per home. The Workforce Housing Ordinance had provisions for full or partial reimbursement or deferral of these fees for income- restricted and price-restricted homes, but no such provisions are now in effect. Concerns were also expressed about newer subdivisions that include “restricted-size lots” or “RSLs”— lots sized less than 5,000 square feet that were intended to encourage the construction of smaller homes that would remain relatively more affordable. The requirements for including RSLs in new subdivisions are no longer in effect, but apply to approximately 14 approved subdivisions. Several builders stated that it is difficult, given current market conditions, to sell smaller, low-cost homes on small lots, and the dispersal of these small lots throughout subdivisions makes it more difficult to market higher-priced homes. But other builders welcomed the opportunity to build smaller houses on small lots and expressed a desire that these be allowed—even if not required—in new subdivisions. In public comments, some advocates of affordable housing expressed views that City ordinances permitting accessory dwellings, cooperative housing, group homes should be more flexible. Affordable Housing Programs in Bozeman This plan recognizes that private, for-profit builders and landlords are the primary providers of housing, offering homes and rental units over a broad range of pricing—including homes affordable to low- income households. Some of the action items in this plan are intended on encouraging private-market activity to provide more housing at the low end of the price spectrum. But more of the action items are focused on specific housing programs and financing sources that can reduce rents and homeowner housing payments to levels that are below market rates. Following is a brief summary of the cumulative results of years of efforts by nonprofits and for-profits using special financing to produce below-market-rate housing in Bozeman. See Appendix A for details of these results from the inception of programs to date. HRDC is a major provider of affordable housing and related services in Bozeman. It provides pre- purchase counseling to lower-income homebuyers and recently built 36 of the affordable condos referred to above. Habitat for Humanity has built 61 affordable homes countywide since its inception. HRDC, Family Promise, Haven and other organizations currently operate 49 emergency shelter beds, along with facilities and rent subsidies for 67 families and individuals in transitional and supportive housing. No affordable, subsidized rental housing has been built in Bozeman since 2005, to add to the current stock of 368 apartments for low-income families and 161 apartments for low-income seniors. Federal rent subsidies are provided to 273 very low income households and individuals. 338 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 8 Part 2: Affordable Housing Strategies and Action Items Strategy 1: Increase and Preserve the Supply of Affordable Housing Strategies Action Items 1.1. Build affordable, income- restricted for- sale housing (nonprofits) Goal: Over five years, build 25 newly constructed, energy efficient affordable homes, targeting households with incomes from 40% to 80% of area median income (AMI). Implementers: HRDC and possibly Habitat for Humanity Considerations: Construction projects will begin only when market demand for detached homes or condos are clearly indicated by market-rate sales and effective demand shown by homebuyer assistance program (see 1.3 below). 1.2. Build and sell “low market- rate” homes (for- profits) Goal: Amend City regulations and impact fee structure to encourage construction of energy-efficient homes priced to be affordable to homebuyers with incomes of 40% to 100% of AMI. See Strategies 2.2 to 2.5 below. Implementers: City and Homebuilders Considerations: To overcome demand-side challenges that currently limit sales, homebuilders and homebuyer assistance program (see 1c) should cooperate. 1.3. Increase homebuyer assistance to solve demand- side challenges Goal: Over five years, provide homebuyer education and counseling to 750 prospective buyers with incomes from 40% to 100% of AMI—to assist in obtaining home loans. Goal: Over five years, provide 100 buyers with incomes up to 80% of AMI with “soft second” mortgages for home purchases. Over five years, help enable 50 buyers with incomes over 80% of AMI buy homes with counseling only. Implementer: HRDC Considerations: Expansion of efforts is subject to funding availability. Efforts will be made to overcome restrictions on first mortgage financing for condos. 339 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 9 1.4. Build rental housing with below-market rate rents Goal: Over five years, build and rent 200 multifamily units using the federal Low-Income Tax Credit (LIHTC) and other federal subsidies to make rents affordable to households with incomes from 30% to 60% of AMI. The City will encourage and support projects that meet the City’s criteria for quality and affordability. Encourage the inclusion of supportive housing units where feasible. Implementers: For-profit and potentially nonprofit developers. Considerations: The City should assist nonprofit and for-profit developers in seeking federal HOME and CDBG subsidies, as well as assistance from the City’s Workforce Housing Fund, to make some units affordable at 30% and 40% AMI. The City will use the evaluation criteria in Appendix B to determine whether to endorse applications for LIHTC, HOME and CDBG, to provide assistance from Workforce Housing Fund and sponsor HOME and CDBG applications to the State of Montana. 1.5. Provide more housing for people with special needs Goal: Over five years, create access to at least 10 “transition in place” opportunities. Open Amos House, creating 16 additional units for single adult males and females. Construct at least 9 other transitional units suitable for families. HRDC’s warming center will continue to operate in the winters. Goal: Rehabilitate or replace existing 13 emergency shelter beds for domestic violence and increase total beds by no fewer than three. Goal: Replace 16 units of Behavioral Health Supportive Housing, increase behavioral health units by three. Implementers: Haven, Family Promise, HRDC, WMMHC, REACH. Considerations: Collaborative efforts between service providers, including funding applications and development projects, should be utilized for transitional housing. “Transition-in-place” models that don’t require the construction of new units should be pursued. Where possible, inclusion of transitional units should be integrated into LIHTC rental projects. 340 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 10 1.6 Repair existing affordable homes Goal: Over five years, finance complete repairs of 25 homes in older, substandard Bozeman neighborhoods for owners with incomes at or below 50% of AMI, using deferred payment and forgivable loans. Goal: Over five years, finance emergency repairs of 25 homes and mobile homes that are not feasible for complete repairs. To include repairs of emergency conditions of roofs, heating systems, wiring, plumbing, etc. Goal: Weatherize 400 homes occupied by low-income owners and renters. Implementers: HRDC for all activities; Rotary Club for some of the weatherization and limited repair work. Considerations: To be fully implemented, these goals require that federal funds, or program income from federal grants, be obtained. 1.7 Encourage energy-efficient residential construction and retrofits Goal: Apply the newly adopted Green Building/Renovation Guidelines (see Appendix C) to all affordable housing construction and renovation work supported by the City and incorporate in the action items in this plan. Goal: Before the end of 2014, review the costs, benefits and implementation considerations of these criteria, for possible amendments. Implementers: City and housing providers assisted by the City. Considerations: The guidelines would not apply to any new housing construction or renovations, except those supported by the City. 341 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 11 Strategy 2: Consider Amendments to City Regulations Strategies Action Items 2.1. Continue the suspension of inclusionary zoning Goal: Maintain the suspension of the Workforce Housing Ordinance until such time as the housing market has recovered from the current recession. Considerations: Use the criteria in Appendix D to determine when, whether and how to re-instate inclusionary zoning requirements. If reinstated, the requirements should be made clearer and economically feasible for land developers and builders and projected administrative costs should be taken into account. 2.2 Defer or subsidize impact fees for affordable housing construction Goal: With input from the public and a special committee evaluating impact fees more generally, Planning Department staff will draft a policy for the City Commission’s consideration for subsidizing some or all of the impact fees for homes sold to households with incomes at or below 60% of area median income or rental units restricted to households with incomes at or below 40% of area median income. See Appendix B for a suggested approach to subsidizing impact fees, subject to annual budget caps. Considerations: The method described in Appendix B calls for subsidizing the fees and imposing a lien when homes are sold and buyers’ incomes are verified. For rental units, fees would be subsidized upon completion of construction and execution of an agreement placing caps on rents and tenant incomes for the dwelling units that are subsidized. 2.3 Allow the creation of smaller lots with more flexible dimensional standards Goal: Based on input received through the affordable housing needs study process, Planning Department staff will draft ordinance amendments for the City Commission’s consideration for allowing, but not requiring, smaller lots in new or amended subdivision plans and rescinding the Restricted Size Lot requirements that are currently suspended. Considerations: Input received in the needs study process confirmed the development and marketing challenges that resulted from requirements, now suspended, that mandated some smaller sized lots. Yet, some builders want to build and market lower-priced homes on smaller lots. 342 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 12 2.4 Consider more flexible requirements for re-platting subdivisions Goal: The City Commission should consider whether to change existing policy to allow subdivisions with “restricted-size lots” to be re-platted administratively through the exemption process. The existing policy requires subdivisions with RSLs to replat only through a preliminary plat process, which requires public review and hearings before the Planning Board and the City Commission. Considerations: The City already allows for administrative approval of amended plats, exercising what limited flexibility the City has under state law. Amending a plat administratively is substantially less costly and time consuming for developers than starting over through the preliminary plat process. However, the City Commission has not, to date, waived these full review requirements if a subdivision contains “restricted-size lots” (RSLs). Some developers contend that RSLs make the entire subdivision less marketable. They are also concerned with the current costs to remove the RSLs, especially given the lingering real estate recession and insufficient profits to fund a full re-platting process. 2.5 Review ordinance requirements for accessory dwelling units Goal: Planning Department staff will review the current ordinance requirements for permitting construction or adaptive reuse that results in an accessory dwelling unit. Staff will recommend either no changes or ordinance amendments to clarify where and under what conditions accessory dwelling units are allowed. Considerations: Several participants in the housing needs study process indicated support of a liberal permitting process with regard to accessory dwelling units as a means of expanding affordable housing opportunities. 2.6 Clarify zoning status of group homes Goal: Planning Department staff will study current zoning requirements for group homes and possibly propose appropriate amendments to clarify where, under what conditions, and through what process new group homes are allowed. Considerations: Concerns about lack of clarity were raised by a supportive housing provider during the needs study process. 343 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 13 2.7 Study possible ordinance changes to encourage preservation of mobile home parks Goal: Planning Department staff will review the current ordinance requirements that relate to mobile home park uses, including policies for annexation of existing parks. Staff will recommend either no changes or amendments that would tend to reduce the incentives for converting existing parks to other uses – such as a special zoning district. Considerations: Affordable housing advocates are concerned about possible future losses of affordable housing in mobile home parks due to conversion of the land to other uses. 2.8 Investigate possible policies to reduce the cost impacts of open space requirements on affordable housing Goal: The Planning and Parks and Recreation Departments’ staff will investigate alternatives to current open space requirements that could reduce the cost impacts on affordable housing development—such as reduced requirements or subsidies of in-lieu fees for affordable homes or rental units within a new development. Considerations: Based on interviews and comments from developers and subdividers, the cost impact of parks dedication requirements or in-lieu fees is reportedly in the range of $10,000 per home. 344 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 14 Strategy 3: Assure Financial and Organizational Capacity Strategies Action Items 3.1 Maximize Bozeman’s access to federal funding and private grants for affordable housing Goal: Local and regional nonprofit housing organizations will collectively maximize their efforts to obtain the federal and private grants needed to achieve the housing production and related goals in this plan. Goal: By offering incentives and support letters, the City will encourage developers to seek allocations of the Low Income Housing Tax Credit (LIHTC) in order to produce below-market-rate rental housing. Considerations: The primary federal sources are managed by the state of Montana: Community Development Block Grants and the HOME Program. The Affordable Housing Needs Study indicated that these programs as well as the LIHTC program have been underutilized in recent years. 3.2 Make efficient use of the City’s Workforce Housing Fund Goal: The City’s Workforce Housing Fund will be used, sparingly, to provide last- resort gap funding for affordable housing activities that help meet the goals of this plan. Considerations: In April, 2012, the balance remaining in the fund was approximately $250,000. See Appendix B for the requirements to be used to award these funds. 3.3 Build the capacity of local nonprofit housing organizations Goal: Increase access to technical assistance for affordable housing providers in the areas of program development, housing development, fundraising, grant- writing and subsidy layering. Identify third-party funding sources and/or direct City support for these activities. . See Appendix D for specific capacity-building goals for the 6 primary local organizations that produce and manage affordable housing. Considerations: Technical assistance can help maximize existing services and bring new resources into the community. This is particularly important for organizations that are experts at providing very specialized services but may not have extensive experience with housing construction and the myriad funding sources available. 345 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 15 Strategy 4: Share Crucial Market Data and Report on Progress Strategies Action Items 4.1 Follow new protocols for updating income and price targets Goal: City Planning Department Staff or its delegate will annually update a Schedule of Affordable Housing Rents and Home Prices. This will include tiers of rents and sale prices affordable to low- and moderate-income Bozeman households at corresponding income levels. Considerations: A spreadsheet tool has been provided to the Planning Department to update affordability calculations based on changes in interest rates, area median income (as calculated by HUD), and the prevailing rents and sale prices at the low end of the unsubsidized housing market. The goals are: (1) to establish the income tiers that have affordability gaps and need subsidies (and how much subsidy generally) and (2) to encourage the development of lower- priced housing that doesn’t require subsidies. 4.2 Obtain and share current rental market data Goal: Annually, the City Planning Department in cooperation with local housing industry organizations, will conduct a survey of rental housing. This will identify the prevailing rent levels and shortages indicated by low vacancy rates. See Appendix E for a suggested scope of work for the survey. Considerations: While many cities benefit from rental housing surveys conducted by state or local government—or industry organizations—Bozeman does not. This makes it difficult for private sector developers to determine what types of rental housing, at what rent levels, are needed. Thus, the knowledge gap can be a deterrent to needed housing production—both subsidized and unsubsidized. 4.3 Publish an annual report on Action Plan progress versus goals Goal: Publish a report in February of each year, 2013 through 2017, indicating progress in relation to the goals in this report. See Appendix A for goals for specific housing production and related outcomes that will serve as a benchmark for tracking progress year-by-year. Considerations: The recently completed Affordable Housing Needs study provided the historical baseline data on production and other related outcomes of “intentional” affordable housing programs. Nonprofits manage many of these programs. For-profit developers participate in some federal programs. Appendix A combines this baseline data with goals for the next five years. 346 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 16 4.4 Complete a new needs study and housing plan in 2016 Goal: Subject to funding availability, the City endorses a goal to complete and adopt a new affordable housing needs study and plan by the end of 2016. 347 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 17 Appendix A - Affordable Housing Results and Five-Year Goals Affordable Housing Activities Sponsor Service Area Outcomes Through 2011 2012-2016 Goals for Additions* HOMEOWNERSHIP PROGRAMS Build and sell new homes HRDC City 20 24 Build and sell new homes Habitat City 59 1 Acquisition and sales of home HRDC City 15 0 Homeowner rehab assistance HRDC Tri-County 37 50 Down payment assistance loans HRDC Tri-County 104 100 Weatherization of homes & rentals HRDC Tri-County 431 350 Weatherization/repairs for homeowners (with volunteers) Rotary Bozeman + Belgrade Not avail. 50 Emergency repairs HRDC City Not avail. 25 Pre-purchase counseling cases HRDC Tri-County 1779 750 Foreclosure counseling cases HRDC Tri-County 200 200 RENTAL/SPECIAL NEEDS PROGRAMS LIHTC rental housing built - seniors HRDC City 161 0 LIHTC rental housing built - families Multiple City 344 200 Other rental housing built HRDC City 24 0 Transitional housing provided Haven/FP City 0 9 Transitional housing provided HRDC City 2 16 Permanent rental- behavioral health WMMHC City 4 0 Transitional - developmental disabilities REACH City 16 16 Replace 3 New Supportive Housing - developmental disabilities REACH City 25 Replace or repair Emergency shelter/warming center beds HRDC City 24 0 Emergency shelter beds - families Family Promise City 12 0 Domestic violence shelter beds Haven City 13 13 Replace 3 New OTHER PROGRAMS Section 8 rent subsidies (no federal budget increase is expected) HRDC City 273 0 Transitional rent subsidies HRDC/Haven/FP City 0 10 *A zero under 1012-1016 Goals indicates that no additions are considered feasible at this time. 348 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 18 Appendix B Requirements for City Support of Affordable Housing Activities Applicability These criteria apply to proposals for use of City funds for affordable housing activities and requests for formal City endorsement of projects for the purposes of obtaining federal, state and private grants and tax incentives. All project and program proposals will be reviewed by City staff or their delegates and recommendations made by the Community Affordable Housing Advisory Committee. Final decisions will be made by the City Commission. Calculation of Affordable Housing Prices and Rents Target affordable housing prices and rents should be based on the following assumptions: Rental housing: Maximum affordable rents are assumed to be 30% of income for rent and tenant-paid utilities. Special financing programs for affordable rental housing make reference to approved schedules of typical utility costs, which are based on market surveys. In these programs, an affordable monthly rent amount is assumed to be 30% of gross income minus the typical utility costs expected to be paid by tenants. Most such programs, such as the Low Income Housing Tax Credit rental program, do not ensure that each tenant pays exactly 30% of income, but rather, rents are modeled for “tiers” of income such as: under 30% of area median income (AMI), 30-40% AMI, 40-50% AMI etc. Since rents are calculated at the high end of those ranges, most tenants pay somewhat more than 30% of income. For-sale homes: It is assumed that 33% of income is the benchmark for an affordable housing payment, which includes principal, interest (at current rates), real estate taxes, property insurance, association fees, and (where applicable) monthly mortgage insurance payments. Target pricing will vary depending on the goals of particular programs for construction, down payment assistance, pre-purchase counseling or other activities. The City’s most recent housing needs study (2012) concluded that the group of homebuyers with significant affordability gaps, based on current data, have incomes at or below 50% of area median income and are in need of subsidies and/or below-market home prices. Buying opportunities are scarce for homebuyers with incomes below 65% of AMI. Homebuyers with incomes up to 80% of AMI are qualified for federally-funded home purchase assistance. The needs study also indicated that the City should encourage new construction of homes at prices affordable up to 100% of area median income. The City’s Planning Department has been provided with a spreadsheet tool with which to calculate affordable home price points and affordability gaps as market conditions change and for different purposes, as described above. The primary variables are changes in median income and mortgage interest rates. Threshold Criteria for Real Estate Development Projects 1. Locations. Projects must be proposed for suitable locations for the intended use. There must be no substantial environmental factors that would adversely affect health and safety. Projects must be within reasonable walking distance of bus routes. 349 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 19 2. Green building/renovation guidelines. The proposed developer must commit to meeting the City’s Green Building/Renovation Guidelines for Affordable Housing (see Appendix C). 3. Respond to affordable housing plan goals. The proposed project must address one or more of the affordable housing production or preservation goals in this plan and address targeted income groups, unless the Community Affordable Housing Advisory Board grants an exception after a thorough review of the proposal. Evaluation Criteria To provide funding or a letter of support for a project, the City must receive and evaluate the following data. 1. Market data. This will consist of credible and detailed market data, waiting list data or other information indicating demand for the proposed housing or services. 2. Project financial data. This will consist of a detail project development budget showing all proposed sources and uses of capital financing. If the project will provide rental or supportive housing, an operating budget forecasting revenues and expenses over at least 10 years must be provided. For projects in which supportive services are crucial, the operating budget must include forecasts of proposed revenue and forecast expenses for these services. 3. Capacity of project or program team. The project’s proposer must identify all key firms and individuals involved in the project or program and provide resumes and corporate qualifications indicating their capacity to carry out the program. Exceptions to this requirement may be made by City staff for proposers who have successfully operated similar programs or developed similar projects previously in Bozeman. For a new program, resumes must be provided for the organization’s chief executive and the program manager. For development projects, resumes or corporate qualifications statements must be provided for the developer, the individual proposed as project manager, architect, and building contractor. Eligible Activities and Funding Criteria Funding from the Workforce Housing Fund or other City sources may be provided, at the City’s sole discretion and with the recommendation of the CAHAB, for the following activities. Periodically, the City and CAHAB may solicit concept proposals from housing programs and housing developers. They may also accept unsolicited proposals from nonprofit and for-profit organizations. Based on funding availability, the City and CAHAB will create a preliminary budget for use of City affordable housing funds over the following 12 months. Subsequently, the City will accept proposals for: 1. Rental projects serving extremely low-income renters and special needs clients, only for up to four dwelling units per project, which will be restricted to renters/clients with incomes at or below 30% of area median income, and only when either a federal HOME, CDBG and/or other available federal and private grants have been applied for and committed and a feasibility gap remains. Funding may not exceed the amount of the feasibility gap, or $20,000 per unit, whichever is less. Projects must have a minimum 30-year affordability period. 350 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 20 2. Home purchase assistance funding of up to $10,000 per homebuyer, restricted to buyers with incomes at or below 65% of area median income, only if it is demonstrated that CDBG and HOME funds from the state of Montana are insufficient for this activity. The income target may be adjusted upwards if home prices rise. Funds may be combined with HOME and CDBG funds in a single loan or grant to a homeowner, if necessary to make the home purchase affordable. 3. Pre-purchase counseling program funding of up to $40,000 per year, only if it is demonstrated that federal funds are insufficient for this activity. Funding will be based on specific annual goals for completions of pre-purchase counseling, homebuyer education and foreclosure counseling. 4. Emergency housing repairs by volunteer groups for up to $1,000 per home in materials costs. To be provided only to public service organizations that leverage this funding at least 2 to 1 with donated labor and materials. 5. Other emergency housing repairs costing up to $7,500 per home (including mobile homes) for repairs or replacements of roofs, HVAC systems, plumbing, wiring etc., only if it is demonstrated that CDBG funds are unavailable for this activity. 6. Coordination of CAHAB and housing plan monitoring activities may receive funding of up to $50,000 per year. Subsidies of Development-Related Fees for Affordable Housing In the event the City enacts or amends existing ordinances allowing subsidies of some of all of the City- required fees (such as impact fees) related to construction of affordable housing, and sufficient funds are made available for any subsidies, the City will establish eligibility criteria and processing procedures to implement any such policies. The following approach is recommended for consideration: 1. Annually, the City will establish a maximum amount of fee subsidies that may be granted in the following year. 2. Through a process to be determined, builders may apply for an allocation of fee subsidies, until the available funds have been fully allocated. Such allocations shall be for a specific number of affordable homes or rental units, at specified addresses. In exchange for the allocation, builders will enter into an agreement restricting the incomes of future buyers/renters as well as the sale prices and rents of the subsidized dwelling units. 3. Qualified for-sale homes will be defined as those affordable to, and sold to, households with incomes at or below 50% of area median income. Qualified rental units will be those restricted for at least 10 years to occupancy by households with incomes at or below 40% of area median income, at rents calculated to be affordable at that income level. 4. For homes or rental units that receive a subsidy allocation, fees will be paid by builders as normally required and later subsidized as described below. (However, the City may wish to 351 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 21 consider enacting policies and procedures for deferral of fees until qualified homes or rental units receive a subsidy as described below, although this would be more complex to administer.) 5. For each for-sale home subject to an allocation of subsidy, the builder must add an addendum to the sale agreement obligating the buyer, at the time of sale, to execute a promissory note and subordinate deed of trust obligating the buyer to repay the full amount of the subsidy, without interest, upon resale of the property or in the event that the homeowner does not continuously occupy the home for the five years following the purchase of the home. 6. For qualified home sales, the City will refund to builders any fees paid and qualified for a subsidy. A qualified sale will consist of a sale to a buyer with a verified household income that is at or below 60% of area median income, at a price calculated by the City or its agent to be affordable to a household at that income level. 7. If a home is not sold in a qualified transaction, or if the buyer fails to execute a note and deed of trust as described above, no fees will be refunded to the builder. 8. For rental units subject to a subsidy allocation, the fees will be similarly refunded by the City when a Certificate of Occupancy is granted and the property owner executes a promissory note and subordinate deed of trust obligating the owner to repay the subsidy upon sale of the property or upon a failure by the owner to follow the required income and rent restrictions for the specified number of rental units that received the subsidy. Reporting Requirements Organizations that receive City subsidies or other funding for affordable housing projects or programs will be required to report on results versus program/project goals by the end of January of each year, for activities in the previous year and one month after the end of the funding period or any extended reporting period. This requirement applies to programs funded for one calendar year, multiple calendar years, or parts of multiple calendar years. 352 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 22 Appendix C Green Building & Renovation Guidelines for Affordable Housing Applicability The following are guidelines recommended for use in all affordable housing and are requirements for affordable housing that receives City funding or formal endorsement by the City for the purposes of seeking funding or tax incentives. New Residential Structures In addition to meeting the requirements of the Montana Residential Building Energy Code, homes must incorporate the following water conservation and “healthy housing” features: 1. Reduce energy consumption by installing only EnergyStar appliances and equipment. These are to include: Kitchen stoves and refrigerators Dishwashers Clothes washers and dryers HVAC systems New light fixtures should be installed with compact florescent or other high-efficiency bulbs. Water heaters should be well-insulated to reduce heat loss. 2. Conserve water and reduce energy consumption from water and space heating by installing only the following: Showerheads — 3.0 gpm (gallons per minute) or less Kitchen and bathroom faucets — 2.75 gpm or less Toilets – 1.6 gallon per flush or less Insulation of all hot water supply and heating pipes to an R-3 value or higher. Seal all exposed hot air duct joints and add insulating wraps with an R-3 value or higher. 3. Assure good indoor air quality by incorporating the following measures: Provide local mechanical exhaust ventilation to the outdoors in each bathroom and kitchen. In addition, all bathroom ventilation fans shall be ENERGY STAR qualified unless multiple bathrooms are exhausted with a multi-port fan. Conventional clothes dryers shall be vented to the outdoors. Electric condensing dryers are not vented and shall be plumbed to a drain according to the manufacturer’s instructions. 353 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 23 Renovations 1. Prior to designing renovations, an energy audit should be completed by a qualified professional. The audit should identify all improvements that individually are estimated to produce energy savings over 10 years that exceed the costs of the improvements (i.e. a 10 year simple payback). This does not apply to emergency repairs. Typical energy retrofits will include: a. Increased attic insulation to an R-39 value if less than 6 inches is in place. b. Caulking and weather-stripping to reduce heat losses through windows, doors, exterior walls, and the uppermost ceilings. This will include electrical outlet gaskets on exterior walls. c. Replacement windows or added storm windows to reduce infiltration and increase the R-value of window openings. d. Replacement of incandescent light bulbs with more efficient products. e. Insulating jackets installed on water heaters, with an R-12 value where manufacturers’ specifications permit. f. Replacement of older HVAC equipment that has reached the end of its useful life. g. Insulation of all hot water supply and heating pipes to an R-3 value or higher. h. Seal all exposed hot air duct joints and add insulating wraps with an R-3 value or higher. 2. The improvements indicated by the audit should be incorporated in the rehab design to the extent feasible and if cost estimates for individual improvements do not indicate a pay-back period of 10 years or less. This guideline does not apply to emergency repairs. 3. Any replacement equipment and fixtures should meet requirements 1, 2 and 3 under New Residential Structures, as applicable for replacements. 4. Any newly constructed or completely reconstructed areas of the home must meet the requirements of the Montana Residential Building Energy Code, to the extent feasible. 354 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 24 Appendix D Criteria for Reconsideration of Inclusionary Zoning The City’s Workforce Housing Ordinance spelling out requirements for inclusion of affordable housing in certain newly-approved residential subdivisions is currently suspended. Following are: (1) “market triggers” to be used to determine the timing of possible reinstatement of the ordinance, and (2) if reinstated, what criteria would be used to amend the ordinance so that it would be more effective in producing affordable housing and simpler to administer. Market Condition Triggers for Reconsideration The City should take into account the costs of administration versus the likely pace of new land development that would produce the affordable units. The following improvements in residential construction and sales market conditions must have occurred for the ordinance to be reconsidered. 1. Median sale prices for all types of homes sold must have increased to at least $238,000 (adjusted for inflation) at the end of a calendar year (measured by a previous 12-month period) from the baseline of $207,000 at the end of 2011—an approximately 15% increase. For 2012 and subsequent years, the benchmark median sale price of $238,000 will be increased by cumulative increases after December 31, 2011 based on the multi-year US consumer price index report published by the U.S. Bureau of Labor Statistics. 2. The number of new building permits issued for detached, one-family homes must have increased to at least 300 at the end of a calendar year, for the previous 12 months. This compares to a baseline of 156 permits for one-family dwellings in Bozeman during 2011. Criteria for Possible Amendment and Reinstatement of the Ordinance Any amended ordinance drafted for consideration by the City Council must include these features, the intent of which is to simplify compliance, minimize discretionary decisions on the part of the City and thereby make the requirements uniform and predictable for all residential developers. 1. A concise and easily calculated formula for determining the percentage of affordable homes that must be provided in a subdivision. 2. Precise schedules of affordable home prices and corresponding maximum incomes of buyers, in at least two tiers of affordability. 3. Clear and concise standards for alternative means of compliance, to the extent allowed. Such alternative means of compliance could include in-lieu payments of cash, land donations, or construction of housing off-site. 4. Clearly defined “offsets” offered by the City, such as fee deferments or density bonuses. 5. No waiver or reduction of parkland requirements that are in force at the time of approval. 6. No restricted lot-size requirements. 355 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 25 Appendix E Capacity Building Goals for Local Nonprofit Housing Organizations Program Development Real Estate Development Fund Raising & Financing Grant-writing Subsidy Layering Organization Family Promise X X X X X Haven X X X X X Habitat X X X X X HRDC X X REACH – N/A WMMHC – N/A Explanation of Capacity-Building Needs Family Promise With a desire to create new program such as a security deposit loan pool, Family Promise could benefit from program development assistance as well as fund raising and grant-writing assistance. With the goal of creating future transitional development projects, subsidy layering and real estate development may also be important areas of technical assistance. Haven With the five-year goal of rehabilitating or replacing their current facility, as well as contributing to the overall increase in transitional units, Haven has expressed a need for technical assistance in all categories. Specifically, the need for assistance with a capital campaign, the organization’s first, as well as assistance with housing development and subsidy layering as it relates to the creation of transitional units. Habitat With a desire to expand current housing services to include the development of affordable rental, Habitat for Humanity would benefit from technical assistance in the areas of program development, real estate development, subsidy layering and grant-writing, all critical components for successful rental housing projects. HRDC Due to this being a relatively new program—and due to the challenges in the current real estate market—the Road to Home program could directly benefit from program development assistance. Areas of particular importance are program marketing to potential homebuyers, internal marketing and program integration with HRDC rental programs and the further development of their services targeting existing homes on the open market. REACH No capacity building needs were expressed by REACH. WMMHC With no immediate plans for stand-alone projects in the Bozeman area and a well- developed programmatic approach and organizational infrastructure, WMMHC does not appear to need technical assistance at this time. That said, their extensive experience with housing development, and novel approaches to subsidy layering and the creation of permanently affordable rental units for special needs, they are uniquely positioned to provide technical assistance to other local housing providers. 356 City of Bozeman Affordable Housing Action Plan for 2012-2016 Page 26 Appendix F Suggested Scope of Work for Rental Housing Survey The following scope of work is suggested for the proposed annual survey of rental housing properties in Bozeman. Market-rate rental housing: The surveyor will contact all managers of multi-family rental housing properties with 10 or more dwelling units as well as all mobile home parks and make best efforts to obtain the following information: - Total number efficiency, 1-bedroom, 2-bedroom, 3-bedroom and 4+-bedroom units that are rented and for-rent. - Current number of vacancies and average rental rates by bedroom sizes of units. Subsidized rental housing: The surveyor will contact all managers of subsidized multi-family rental housing. In addition to the data described above for market-rate rental housing, the surveyor will collect the following data: - By bedroom size of units, the number of units with project-based rent subsidies. - The number of prospective renters on the waiting list for the property. Single-family rental housing: The surveyor will obtain from the City a random sample of 100 owners of one- to four-family housing that is presumed to be for rent, as indicated by the address of the property owner being different from the property address. The surveyor will conduct a telephone survey of all owners to determine the rental status of the properties, the bedroom sizes of the units for rent, the rental rates for all units by bedroom size, and current vacancies by bedroom size. Report: All data obtained will be aggregated into a report with numerical tables indicating all of the data described above that was obtained from each property, separated by the three categories above and in a format (such as Excel) that can be sorted, filtered and cross-tabulated by the City or others if so desired. A brief narrative report will be included to explain the number of non-responses or incomplete responses in each category. Summary tables will be provided for each category of housing (above) and for all categories combined showing: - The total number of units for which data was obtained (the survey universe). - The numbers of dwelling units vacant by bedroom size and in total. - The percentage vacancy rate by bedroom size and in total. - Average, median and high-low rents by bedroom size. - For subsidized rental units, the total number of units with project-based rent subsidies and total waiting list numbers. The estimated cost of performing this scope of work is $4,000 to $6,000 in the first year. 357