HomeMy WebLinkAboutMinutes - Affordable Housing Committee - 11/27/2017Approved as amended on December 12, 2017
NOTE: Date/time/place of next meeting: December 12, 2017, 10:00 a.m., City Hall, 2nd Floor
Conference Room
AFFORDABLE HOUSING COMMITTEE
November 27, 2017, 3:45 PM, City Hall
Members attending: Tom Bailey, Leslie Black-Plumeau, Sandy Dooley, Larry Michaels, Todd Rawlings
(arrived at 4:28), Michael Simoneau, John Simson (Chair)
Others: Monica Ostby, Planning Commission liaison; Helen Head, VT House Representative for one
of SoBu’s House districts and Chair of the House Housing, General, and Military Affairs Committee
Minutes by Sandy Dooley
AGENDA
1. Welcome
2. Agenda Review: Additions, deletions or changes in order of agenda items
3. Comments and questions from the public not related to the agenda
4. Review and action on minutes of November 13, 2017, committee meeting
5. Meet with Rep. Helen Head to discuss South Burlington housing issues and opportunities
6 (changed to #7). Chair report and discussion on fee discount progress for low income affordable
housing
development
7 (changed to #8). Other Committee member reports (see 11/13 minutes)
8. (changed to #9). Continue working on preparation of the City wide inclusionary housing measure
and
designation of priority district(s)
9 (changed to #6). Set meeting dates for December, January, and February
10. Adjourn
1. Welcome: John called the meeting to order at 3:45 p.m. and summarized emergency evacuation
instructions.
2. Agenda review: John proposed that because some committee members need to leave early,
agenda item 9. “Set meeting dates for December and January” be moved to come after agenda item
5. “Meet with Rep. Head, etc.” Modification accepted by consensus.
3. Comments, etc.: There were no comments from the public.
4. Review and approval of minutes of November 13, 2017, committee meeting: Mike moved and
Leslie seconded motion to approve modified draft of the October 17, 2017, meeting minutes as
circulated. Motion approved unanimously.
5. Meet with Rep. Helen Head to discuss South Burlington housing issues and opportunities: John
welcomed Helen to the committee meeting. Those present that had not previously met Helen
introduced themselves.
John asked Helen what she saw as major subjects relating to housing in the upcoming legislative
session. Her response was that her committee is likely to focus on “Habitability.” She explained that
their work on Habitability will focus on legislation that would put in place a system that would ensure
statewide enforcement of the statewide rental code (which Vermont has in statute). The primary
emphases of the rental code are life safety issues. At this point, enforcement depends on municipal
action and only a small number of municipalities have developed and implemented the capacity to
enforce the rental code. Some of them are Barre, Burlington, St. Albans, and Winooski. South
Burlington does not have this enforcement capacity. Helen mentioned that the House has twice
passed a bill that would have established a statewide enforcement system for the State’s rental code;
neither bill was acted upon in the Senate.
John stated his perception that South Burlington is unlikely to view development of such capacity as a
priority in the near future, though there is interest in establishing a rental registry. Leslie mentioned
that South Burlington’s rental housing stock is, for the most part, younger than that in most Vermont
municipalities making it likely that the condition of rental units is less problematic.
The discussion moved to John’s sharing with Helen the committee’s desire to put in place regulations
and conditions in the Shelburne Road area of SoBu that would be strong incentives for developers to
build affordable housing. He mentioned the committee’s disappointment that SoBu cannot seek
approval for a designated “new town center” for this area because SoBu already has a designated
“new town center” for City Center and the University Mall area of the City. Paul Conner, Director of
Planning, had written to Leslie that the State stature does not allow a municipality to have two
separate designated “new town center” districts. The advantage, in the committee’s view, to being
able to seek a second designated area is that having such an area would make it possible for
developers to have Act 250 review waived if their housing development meets “priority housing
project” criteria. Having Act 250 review waived is likely to save the developer significant costs and
time.
Monica asked how environmental and other impacts of “priority housing projects” that would normally
be addressed via Act 250 review would be addressed when the Act 250 review is waived. Helen said
that waiver of the review does not mean that these impacts are not considered but the scope, timing,
and responsibility for such review are different; when a municipality seeks “new town center”
designation it addresses the potential impacts of development in the defined geographic area within
the context of a 20-year plan. The plan includes how development is expected to affect stormwater,
wetlands, traffic and other conditions, plus methods for mitigation. Monica shared that the Planning
Commission is currently looking at the Shelburne Road area.
Helen noted that, during her time in the legislature, she has participated in the development of
legislation relating to designations such as “new town center”. However, in the House, jurisdiction
over this legislation is shared by the Natural Resources, Energy, and Commerce committees, as well
as Housing, General, and Military Affairs. This presents a challenge to those seeking to keep track of
a bill. Helen indicated she had been unaware that the statute prohibited a municipality from having
more than one designated area. She added that, based on her participation in the process, she did
not recall this restriction being a clear element of legislative intent. She agreed to explore this subject
further on behalf of our committee.
She will meet with Paul Conner and also raise this subject when she meets with Housing
Commissioner Katie Buckley on December 14th. John indicated that the committee would be happy
to do its part to support her efforts to have legislation introduced (and approved) that would allow
municipalities, under specified conditions, to seek approval of more than one “new town center” or
comparable designation.
Sandy asked which other legislators it might be helpful for the committee to contact on this subject.
Helen suggested holding off until she does some exploration. Should that be productive, reaching out
to Senator Michael Sirotkin of South Burlington (expected to be appointed chair of Senate Committee
on Economic Development) and Senator Philip Baruth of Burlington (a member of this committee).
Helen asked about outreach to the stakeholders regarding development in the Shelburne Road
corridor. Committee members indicated that such contact has already been discussed and will
happen (names mentioned were Ernie Pomerleau and Yves Bradley).
6. Set meeting dates for December, January, and February: Following brief discussion, meeting
dates/times were set as follows: December 12, 10 AM; January 9, 10 AM; January 23, 10 AM;
February 6, 10 AM; February 20, 10 AM. NOTE CHANGE IN TIME. All meetings to be held at City
Hall in second floor conference room.
7. Chair report and discussion on fee discount progress for low income affordable housing
development:
John shared that he had met with Kevin (Dorn, City Manager) and Paul Conner about committee’s
proposal to discount the City’s impact fees for affordable housing (dwelling) units under specified
conditions. They responded favorably. The plan is for John to meet with Helen (Riehle, City Council
Chair), Kevin, Paul, and Andrew Bolduc (City Attorney) on this subject. This meeting has not yet
taken place because Kevin has been on vacation. John’s understanding is that Andrew would draft
the amendment to South Burlington’s Impact Fee ordinance using the committee’s recommendations.
John then invited committee members to indicate, with some specificity, their views on (1) the
household Area Median Income levels to which the affordable rents/purchase prices would be
targeted, (2) whether units having three or more bedrooms should receive discounted fees, and (3)
whether rents/prices must remain perpetually affordable.
After a wide ranging discussion, which included redirecting the “discounted” fee amounts to the SoBu
Housing Trust Fund, the chair brought the discussion back to following up on our earlier decision to
propose amending the City’s Impact Fee ordinance to provide discounts for affordable housing units
meeting specified criteria. The committee agreed upon the following recommendation (specific
wording developed after the meeting):
“For rental housing by any developer:
A 25% fee discount for units whose rents (including utilities) are no greater than 30% of household income of
80% of Annual Median Income (AMI) for the Burlington/South Burlington Metropolitan Statistical Area
A 50% fee discount for units having 3 or more bedrooms and whose rents (including utilities) are no greater
than 30% of household income of 80% of Annual Median Income (AMI) for the Burlington/South Burlington
Metropolitan Statistical Area (this assumes renting household includes two or more minor children)
A 50% fee discount for units whose rents (including utilities) are no greater than 30% of household income of
60% of Annual Median Income (AMI) for the Burlington/South Burlington Metropolitan Statistical Area
A 100% fee discount for units whose rents (including utilities) are no greater than 30% of household income of
50% of Annual Median Income (AMI) for the Burlington/South Burlington Metropolitan Statistical Area
Qualifying projects must provide evidence that affordable rents as described will be maintained in perpetuity.”
The committee discussed the challenge of how to assure that the rents will remain perpetually affordable,
especially in housing not developed by nonprofit developers. Todd mentioned that Burlington Housing Trust
Fund resources may be directed to “capacity” funding as well as to housing development. “Capacity” funding
can support the cost of staff whose responsibilities include assuring that affordable housing remains affordable.
Another method would be for private developers to contract with Champlain Housing Trust (CHT) to do the
tasks required to assure continuing affordable rents/housing prices.
The committee identified three homework tasks during this discussion:
1. Sandy will ask CHT what it would charge to carry out tasks required to keep housing units perpetually
affordable.
2. Sandy will find out if discounted Impact Fees can be used to leverage low income housing tax credits.
3. Todd will check out the maximum household AMI percentage that corresponds to low income housing
tax credit funding (is it 60% or 65%).
8. Other Committee member reports (see 11/13 minutes)
John met with Kevin and Paul. Tom and Sandy’s drafting task was transferred to Andrew Bolduc.
Sandy invited Helen Head to meeting. John brought City zoning map to the meeting.
9. Continue working on preparation of the City wide inclusionary housing measure and designation
of
priority district(s)
Due to limited time discussion was brief. Committee reviewed the Zoning Map identifying zones that
permit mixed use (Commercial and Residential) and maximum housing density permitted in these
zoning districts. Two zoning districts meeting these criteria are: Commercial 1 – Residential 15 (i.e.
maximum density of 15 units per acre) and Commercial 2 – Residential, which allows maximum
density of 7 units per acre.
11. Adjourn – Tom moved and Larry seconded that the meeting be adjourned. Committee approved
motion unanimously at 4:45 p.m.
Note: during informal discussion following adjournment, Sandy proposed that the Shelburne Road
Special Urban District area be defined to include the following zoning districts:
Commercial 2 – Residential zoning district whose boundary, on the North, is the City of Burlington; on
the East, Shelburne Road; on the South, the Town of Shelburne; and, on the West, Lake Champlain;
and
Commercial 1 – Res. 15 that part of the zoning district whose boundary, on the North, is Swift Street;
on the East, other South Burlington zoning districts; on the South, the Town of Shelburne; and, on the
West, Shelburne Road.