TOWN OF JUPITER TOWN MANAGER S OFFICE

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1 TOWN OF JUPITER TOWN MANAGER S OFFICE DATE: February 6, 2015 TO: THRU: FROM: Honorable Mayor and Members of Town Council Andrew D. Lukasik, Town Manager John R. Sickler, Director, Department of Planning and Zoning SUBJECT: WORKFORCE HOUSING PROGRAM REGULATIONS Zoning text amendment to Chapter 27 to create a new division of Article X, entitled Workforce Housing Program (WHP) to establish regulations for an inclusionary workforce housing requirement for all developments of ten or more residential dwelling units; a linkage fee for nonresidential development; WHP density bonus provisions; and to amend Section 27-1 to include workforce housing definitions. Ordinance No PZ DMK Meeting dates: PZ TC TC 02/10/15 03/17/15-1 st Reading 05/19/15-2 nd Reading Applicant: Town-initiated Request: Zoning text amendment (Exhibit 1) to provide for new Division 43 Workforce Housing Program land development regulations to establish: 1. A non-residential linkage fee; 2. An inclusionary workforce housing requirement for all resident development applications of ten units or more; 3. Workforce Housing Plan (WHP) density bonus and other developer benefits; 4. Payment in lieu options for workforce housing units; 5. Other new sections pertaining to: a. Construction standards; b. Household eligibility standards; c. Homeowner and homebuyer assistance plan; d. Sales and rental prices; e. Resale requirements; f. Housing trust fund. Zoning text amendment (Exhibit 1) to Section 27-1 to create workforce housing definitions. 4-1

2 Workforce Housing Program LDRs ZTA Page 2 Staff Recommendation. Staff recommends approval of the attached proposed inclusionary Workforce Housing Program (WHP) land development regulations, WHP density bonus provisions, linkage fee for nonresidential development and workforce housing definitions with additional language indicated by underline (see Exhibit 1). Background. The history timeline for development of the new Workforce Housing Program is contained in the concurrent Housing Element Comprehensive Plan text amendment. Since 2008, the Town has had the framework in place for the Workforce Housing Program. The existing housing objectives and policies adopted in 2008 are consistent with Palm Beach County s (PBC) mandatory workforce housing regulations. The PBC Workforce Housing Program was used as a model because a substantial amount of public input occurred with developers and builders to adopt the regulations. The Town s program was intended to complement the County s efforts. In preparing to implement the new Workforce Housing Program, staff began public outreach with the establishment of a Workforce Housing Steering Committee. This committee has met four times since Additional coordination via and subsequent individual meetings have occurred throughout the process. Staff and the consultants have also held two Workforce Housing public workshops. Based on the Comprehensive Plan policies, land development regulations (LDR s) are still needed in order to implement and require the inclusionary workforce housing as originally established. The proposed LDR s presented by staff and the Town s Housing consultants continue to generally model Palm Beach County; however, there are additions proposed due to the unique characteristics of the Town, including but limited to the fact that the Town is nearing build-out and the differences in the local market. These include recommendations for a linkage fee for non-residential uses, for-sale workforce housing units provided in perpetuity, and a 14% additional workforce housing requirement for properties changing the land use or zoning that creates additional density not previously permitted. To date, the Town has approved 1,589 dwellings units in Abacoa and 75 in Barcelona that were restricted on sale and rental prices. The units in Abacoa were not income qualified and were only required to remain affordable (based on moderate high median income) for only five years. 1,184 of the 1,589 units have already expired. 270 workforce housing rental units are under construction in Allure (of the 340 total), and 135 rental units have been constructed in Dakota (of the 190 total). Once the units in Allure and Dakota expire, the mixed use project will no longer have requirements that would limit sales or rental prices. In comparison, there are 75 rental workforce housing units that were approved in Barcelona apartments on Military Trail which will remain for 50 years. The Barcelona apartments were approved to be income qualified, and to provide for a range of income levels from low to middle income. Workforce housing units are proposed to be scattered amongst market rate units. Barcelona was approved with workforce housing and density bonuses based on the existing Workforce Housing Policies in the Comprehensive Plan. This project is the first to have the inclusionary housing in the Town and is a good example of the program. 4-2

3 Workforce Housing Program LDRs ZTA Page 3 Analysis. While the background provided above and in the Comprehensive Plan amendment gives information on what the Town has done so far regarding Workforce Housing, it is important to also consider why these policy initiatives were created. A Workforce Housing Program or inclusionary zoning: Provides opportunities for housing that is achievable to the working middle class; Provides opportunities to families to achieve a better way of life specifically in the Townwhich has an environment that can contribute to success with high quality public schools, lower crime rates and public access to many unique natural resources; Promotes a diverse population and community that enriches the Town; Will reduce the deficit in affordable and workforce housing in which the Town will undoubtedly never satisfy; and, Helps to reduce the gap in affordability for housing prices that are again less affordable as the market has rebounded so quickly in the town. The staff report provides a general overview with commentary of the proposed land development regulations for the new Division 43 Workforce Housing Program. The Town s Housing consultant has also provided supporting analysis and justification for the new program in Attachment A- Innovative Housing Institute (IHI) Report. A. Proposed new Division 43 Workforce Housing Program - Starting from Section to , creates a new division in Article X in Chapter 27, as follows: 1. Commercial and industrial development linkage fee (Section ) Establish a linkage fee of $1.00 per square foot of new and redevelopment of commercial and industrial development that exceeds 2,000 square feet of new gross floor area. Staff Comment: The proposed non-residential linkage fee is based on the requirement in existing Housing Element Policy to investigate the feasibility of establishing such a fee. Staff notes that the Town is close to build-out and there are currently less than 10 acres of vacant land assigned with residential land use designations, which do not have development approvals. This leaves limited opportunities for large residential development, and it is anticipated that future residential would be part of a mixed use project or be redevelopment. As noted in the attached IHI Report (pages 5-6), commercial and industrial development create a need for workforce housing for their employees. The report notes that two local governments in Florida, Coconut Creek and Winter Park, utilize linkage fees. The Coconut Creek linkage fee varies from $0.37 to $2.42 per square foot depending on the use and the Winter Park fee is $0.50 per square foot. The IHI report further notes that the proposed $1.00 per square foot charge is much less than similar linkage fees throughout the Country ($4.00 to $8.00). 2. Purpose and intent (Section ) The purpose and intent of the Workforce Housing Program is to ensure an adequate inventory of owner occupied or rental housing throughout the Town that is affordable to low, low-moderate, moderate-high and middle income households. Staff Comment: The Florida Legislature enacted a statutory goal that by the year 2010, this state will ensure that decent and affordable housing is available for all of its 4-3

4 Workforce Housing Program LDRs ZTA Page 4 residents Section (2), Florida Statutes. The Comprehensive Plan Housing Element requirements of Chapter 163, Part II, Florida Statutes, do not intend for local governments to build affordable and workforce housing. However, local governments are expected to facilitate affordable and workforce housing development by the private sector. It is intended that the proposed WHP division will implement the provisions in the Town s Housing Element to facilitate the development of workforce housing. 3. Workforce housing requirements (Section ) This section of the proposed regulations includes requirements for the following: Inclusionary workforce housing requirement of 6% of total dwelling units for developments proposing 10 or more units for developments not requiring land use amendments or rezoning; An additional 14% (for a total of 20%) of inclusionary units required if land use amendments or rezonings are needed and create additional density; The regulations apply to site plan, planned unit developments, or amendments to either; The tenure (for-sale or rental) of the workforce units are required to match the tenure of the market rate dwelling units in a development; Density bonus dwelling units will not be counted when determining the required (inclusionary) workforce housing dwelling units; Community Land Trusts (CLT) The Town Council may authorize entering into an agreement with a CLT to administer the WHP created in the proposed division; Exempted types of developments from the requirements include projects developed utilizing subsidized state or federal housing programs, mobile home parks, educational dormitories or nursing homes. Staff Comment: The proposed increase in the percentage of required workforce housing units in a development when a land use amendment or rezoning is required, is recommended because a land use amendment or rezoning would provide additional residential entitlements and the increased inclusionary requirement is a way to capture additional workforce housing units above the 6%. An example of the increased requirement is contained in the IHI WHP Report on pages 6-7. The benefits of utilizing a CLT include assurance that a WHP plan will be property administered and that homes remain affordable for the long term, as further explained in the IHI WHP report (page 12). 4. Density bonuses and other incentives (Section ) The proposed density bonuses up to 30% of the base density require that 40% of the additional units are designated as workforce housing units. Bonuses above 30% to 100% require that 50% of the additional units are designated as workforce housing units, and one or more of the following: The property is assigned with a land use designation that has a maximum base density of at least 6 units per acre; The property is within ½ mile of a funded or developed Tri-Rail station; The property is within either the Toney Penna or Inlet Village Redevelopment Overlay Areas (ROAs). Other incentives include the following: Traffic concurrency exception, up to 30% above the adopted level of service (LOS) standard of affected roads and intersections for workforce housing units; Expedited permitting for residential developments providing workforce housing units. 4-4

5 Workforce Housing Program LDRs ZTA Page 5 Staff Comment: Staff notes that most of the new residential developments to be developed in the Town will be redevelopment, and therefore will most likely be multifamily dwelling units. In order to achieve a viable density to develop a multi-family or mixed use project, a developer may need to achieve density bonuses above the maximum base densities in the Town s land use designations. Requiring additional workforce housing units for the granted additional density bonuses is another way to increase the total percentage of such units above the inclusionary 6%. The specifics of each of the bonus density tier are further analyzed in the IHI Report on pages 7-8. With regard to the proposed traffic concurrency exception incentive, staff notes this is a revision to the existing incentive that is contained in Housing Element Policy As noted in the concurrent Housing Element text amendment, the proposed revision is similar to what is contained in Palm Beach County s Transportation Element of their Comprehensive Plan. 5. Workforce housing plan (Section ) The plan needs to include the dwelling unit type and cost (final price) of for-sale or maximum rent level of the proposed market-rate units and a site plan that depicts the location of these units. Site plans for for-sale developments are required to specifically identify the location of the workforce housing units. The plan shall be required as part of any development order associated with the approval of a site plan. Staff Comment: Staff notes that requiring the precise location of workforce housing dwelling units in rental developments is not critical because through the leasing process the location of these units may shift over time. 6. Construction standards for workforce housing (Section ) The construction standards include regulations pertaining to the design, size and timing of construction of the workforce housing dwelling units. The minimum size for the workforce housing dwelling units is required to be at least 80% of the bedroom average for a market rate dwelling unit up to 2,000 square feet. Finally, the workforce housing dwelling units are to be constructed consistent with the standards for new housing contained in the Florida Building Code. Staff Comment: Staff notes that the 80% size requirement of workforce housing dwelling units is capped at 2,000 square feet because requiring a developer to produce such units based on larger (3,000 to 4,000 square feet) market rate dwelling units is not necessary to provide an adequately sized unit. Additional analysis for construction standards is contained in the IHI Report on pages Payment of fee in lieu or donation of Land in lieu of workforce dwelling units (Section ) The proposed payment of fee in lieu for a for-sale units is $200,000 and the fee for a rental unit is $150,000. In addition, regulations for an in lieu donation of suitable land within the Town are also included in this section. Properties in the Toney Penna Redevelopment Overlay Area may only utilize the in lieu options for 25% of the required workforce housing. Residential developments requiring a land use amendment or rezoning shall not have the in lieu option for the additional 14% of workforce housing units. Finally, residential developments granted density bonuses shall not be allowed to utilize in lieu options for the bonus dwelling units that are required to be workforce housing units. Staff Comment: Inclusionary requirements frequently include the ability to pay an in lieu fee, or donation of land, rather than build workforce housing units on site. The proposed in lieu fee of $200,000 is reflective of the gap that exists in the Town between market rate housing and what can be afforded by households with incomes in the workforce 4-5

6 Workforce Housing Program LDRs ZTA Page 6 housing ranges. As noted in the IHI Report on page 3-4, the median sale price of a single family home in the Town is $385,500. The IHI Report notes (pages 8-9) that setting the in lieu fee too low has adverse impacts. Specifically, resulting in fewer workforce housing units being constructed on site, which is typically the goal. Staff is recommending the restrictions on utilizing the in lieu options for developments in order to assure that workforce housing units are constructed on site. 8. Sales and rental prices for workforce housing dwelling units (Section ) The initial workforce housing sales price are applicable in all four workforce housing ranges and are required to meet the standards for determining the price, which includes expected monthly mortgage payment, insurance, utilities and property taxes. Workforce housing rental dwelling unit prices are determined in accordance with the Florida Median Rent published by the U.S. Department of Housing and Urban Development (HUD). Only two (low income and moderate-low income) of the four workforce housing income tiers are recommended to be utilized for rental dwelling units. Finally, the proposed section details resale restrictions for for-sale workforce housing dwelling units. Staff Comments: Palm Beach County s current maximum sales prices for workforce housing dwelling units are based on the County s HUD 2014 Median Family Income (MFI) of $63,300, as follows: Low Income (60-80% of MFI) - $132,900 Moderate-low Income (81-100% of MFI) - $170,900 Moderate-High Income ( % of MFI) - $208,890 Middle Income ( % of MFI) 246,900 The anticipated maximum rents for a 3-bedroom workforce housing dwelling unit in the Town would be as follows (see worksheets in Attachment B): Low Income - $1,170 Moderate-low Income - $1,500 When compared with the median sales price ($385,000) of a home in the Town, the anticipated sales prices of workforce housing units further support for the proposed $200,000 in lieu payment. 9. Qualifications for eligible households and prioritization criteria under the workforce homebuyer program (Section ) Eligible households are required to meet the income criteria for the applicable for-sale and rental income categories defined in Section Priority for eligible households is given to those that qualify as first time homebuyers or have at least one adult member employed in the Town. Staff Comment: The intent of prioritizing first time homebuyers is to allow such prequalified households to have the first chance to own a workforce housing dwelling unit constructed in the Town. The employment prioritization is meant to allow employees of businesses and organizations in the Town to have the opportunity to live in the Town in order to meet the intented goal to provide housing for the workforce. 10. Homeowner and homebuyer assistance program (Section ) This section details the various program components (homeowner grants and loans to complete exterior improvements, down payment grants, second mortgages, etc.) and household eligibility requirements. 4-6

7 Workforce Housing Program LDRs ZTA Page 7 Staff Comment: The assistance program components listed in this section are proposed to be funded, in part, by in lieu fess collected from developers. As noted in the regulations, the program will be administered by the Neighborhood Services Division or its designee, which could be a Community Land Trust. 11. Resale of workforce housing dwelling units (Section ) For-sale properties are required to record a land lease ensuring permanent affordability and resales are required to meet applicable formula requirements of the Town s Workforce Housing Policies and Procedures document or the resale formula used by a designated Community Land Trust, if selected by the Town. Staff Comment: The regulations propose that for-sale workforce housing dwelling units be maintained in perpetuity and rental workforce housing dwelling units for a period of no less than 30 years. As noted in the IHI Report (pages 11-12), it is recommended that the best way to administer these long-term requirements is to place the responsibility for monitoring compliance on a neutral third party, such as a CLT. 12. Housing trust fund (Section ) The Housing Trust Funds can include the in lieu payments from developers and loan repayments form the Homeowner and Homebuyer Assistance Program. The funds can be utilized for housing programs, which includes: Second mortgage assistance; Down payment assistance to eligible households; Acquisition and construction of WH dwelling units. Staff Comment: As noted in the IHI Report on page 13, Housing Trust Funds are an important local tool that will enable the Town to develop workforce housing units. Having a fund dedicated to the provision and maintenance of workforce housing will help provide the Town with important leverage in ensuring that these developments are economically feasible. B. Proposed definitions in Section Staff recommends the new definitions be added to Section These definitions are for common workforce housing related terms that are included in the proposed regulations. Many of the definitions are nearly identical to those utilized by the U.S. Department of Housing and Urban Development and the Florida Housing Finance Corporation. Based on the reasons contained in this staff report, staff recommends approval of the proposed zoning text amendment. Next Steps Workforce Housing Policies and Procedures- In order to implement and administer the Land Development Regulations specifically as part of a residential or mixed use project, the Town s Housing Consultant recommends the development and adoption of Workforce Housing Policies and Procedures. The development of this document is outside the scope of the current text amendments, and is anticipated to have specific details of resale, income qualifications, deed restrictions, etc. The Town will need to contract with a professional workforce housing 4-7

8 Workforce Housing Program LDRs ZTA Page 8 consultant or agency to complete the Workforce Housing Policies and Procedures document. In the interim, if a development application is submitted with a residential component requiring workforce housing units prior to the completion of the Workforce Housing Policies and Procedures; staff recommends the specific procedures be dealt with through development order conditions of approval. Administering Workforce Housing Program- Additional resources will also be necessary to administer the Workforce Housing Program by Planning and Neighborhood Services staff. Based on discussions with Palm Beach County, work done to do annual reports or monitoring is less than one full time position. It is anticipated that the amount of work would start slow at first, but as more workforce housing dwelling units are approved and constructed this will increase. The Housing consultant also recommends contracting with a local Community Land Trust in order to income qualify, provide a source of eligible candidates, monitor resales, etc. Staff met with the Palm Beach County Community Land Trust (CLT) which is a 501(c)(3) charitable organization to determine if there would be interest in assisting in administering the Town s Workforce Housing Program and the feedback was positive. The PBC CLT provided a presentation at the second public workshop on January 15, 2015 to give an overview of the benefits of a CLT (see Attachment C- Community Land Trust presentation on ). The PBC CLT currently oversees 84 du s (rental and for-sale) with an additional 49 dwelling units that are under development. Attachments: Exhibit 1 Proposed zoning text amendment Attachment A Innovative Housing Institute Report Attachment B Sample Workforce housing maximum sales prices and rents Attachment C -- Community Land Trust presentation on V:\Staff\WP51\Amendtowncode\Workforce Housing LDRs 2015\ PZC Meeting\Staff Report PZC Meeting (PZ DMK).doc February 5,

9 Proposed Workforce Housing Program Land Development Regulations ARTICLE X. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 43. WORKFORCE HOUSING PROGRAM Sec Purpose and Intent The purpose and intent of the workforce housing program is to: (1) Ensure an adequate inventory of owner occupied housing or rental housing throughout the town that is affordable to low, low-moderate, moderate-high and middle income households. (2) Provide for the creation of a variety of housing options throughout the Town for the existing and anticipated workforce in necessary occupational fields including, but not limited to, education, government, health care and retail service. (3) Create opportunities for lower income residents, such as those who are no longer in the workforce and living on fixed incomes, to remain in the town with the assistance of the Housing Trust Fund monies or other housing funds. Sec Commercial and industrial development linkage fee. (1) Fee Requirement. A linkage fee shall be levied on new commercial and industrial construction which exceeds 2,000 square feet of gross floor area, and expansion of existing commercial and industrial construction which exceeds 2,000 square feet of new gross floor area of $1.00 per square foot. (2) Collection of the fee. The linkage fee shall be collected at the time of issuance of a building permit and deposited into the Town s Housing Trust Fund. (3) Exemptions. A linkage fee shall not be levied on: a) public and private non-profit educational institutions; b) government buildings; or c) places of worship. Sec Workforce housing requirements. (1) Inclusionary Housing Requirement. A residential development of 10 dwelling units or more shall provide six (6) percent of the dwelling units as Workforce Housing dwelling units. A developer may meet the requirements of this section by constructing Workforce Housing dwelling units as part of the development, through the payment of a fee, which shall be deposited into the Town s Housing Trust Fund, or donation of land that is suitable for development. (2) Land Use Amendment or Rezoning. A proposed residential development, which is applying for a land use amendment or rezoning which increases the density on a property shall construct 14 percent of the additional dwelling units (for a total of 20 percent) associated with the increased density as Workforce Housing dwelling units. (3) Calculations. In determining the number of Workforce Housing dwelling units required under this section, any decimal fraction less than 0.5 shall be rounded down to the nearest whole number, and any decimal fraction of 0.5 or more shall be rounded up to the nearest whole number. The required number of for-sale Workforce Housing dwelling units for a residential development shall be provided equally from the four eligible income household categories (low income, moderate-low income, moderate-high income, and middle income) in sequential order starting with the low income household category. The required number of rental Workforce Housing units for a residential development shall be provided equally from the low income and moderate low income household categories. (4) Applicability. Developers applying for a site plan, planned unit development, or amendments to either that meet the thresholds established herein shall meet the workforce housing requirements of this division. (5) Exemptions. This division shall not apply to the following: a) Applications which were approved for a planned unit development or site plan prior to effective date of Ordinance No. 7-15; 1 4-9

10 b) Site plans or planned unit developments proposed pursuant to state or federally subsidized housing programs; c) Proposed mobile home parks; d) Dormitories proposed to be constructed within public or private educational institutions; e) Site plans or planned unit development proposed to construct nursing homes. (6) Tenure of Workforce Housing Dwelling Units. The tenure (for-sale or rental) of the Workforce Housing dwelling units shall match the tenure of the market rate dwelling units in the residential development, that is, in a rental residential development, the Workforce Housing dwelling units shall be developed for rent, and in a for-sale residential development the Workforce Housing dwelling units shall be developed as forsale dwelling units. In a larger residential development that markets both rental and for-sale dwelling units, the Workforce Housing dwelling units offered shall be proportional to the mix of the rental and forsale dwelling units in the residential development. (7) Density Bonus Dwelling Units. Any additional dwelling units authorized and approved as a density bonus under this division shall not be counted in determining the required number of Workforce Housing dwelling units. (8) Workforce Housing Plan. A Developer submitting an application for a site plan, planned unit development, or amendments thereto shall submit a Workforce Housing Plan as part of its application to the town. (9) Community Land Trust. The Town Council may authorize the Town Manager to enter into an agreement with a Community Land Trust organization registered in Palm Beach County to administer the Workforce Housing Program created in this division. (10) Fee, or donation of land, in Lieu. Developers may choose to pay a fee, or donate land, in lieu of providing Workforce Housing dwelling units in accordance with section (11) Recordation. Upon the approval of a site plan for a residential development which includes workforce housing dwelling units, a covenant in the form approved by the Town Attorney shall be recorded in the Public Records of Palm Beach County, Florida indicating that those units designated Workforce Housing dwelling units pursuant to the development order are subject to the requirements of this division. (12) Listing. The Department of Planning and Zoning shall maintain a list of all developments that have been required to provide Workforce Housing dwelling units. Sec Density bonuses and other incentives. (1) Density bonus incentives: a) A developer may be awarded a density bonus of 30 percent of the base density of a property s residential land use designation, provided 40 percent of the bonus dwelling units are restricted to and designated as Workforce Housing units. b) A developer may be awarded a density bonus of between 31 to 100 percent of the base density, provided at least 50 percent of the bonus dwelling units are restricted to and designated as Workforce Housing dwelling units; and one or more of the following occurs: 1. The property s future land use designation is High Density Residential, Inlet Village Residential, Mixed Use, Riverwalk Flex or Inlet Village Flex; 2. The property is within ½ mile of a funded (contained within a 5-year capital improvement plan) or developed Tri-Rail station; 3. The property is within either the Toney Penna or Inlet Village Redevelopment Overlay Areas; The percentage of the density bonus shall be based on the number of above criteria that are met. (2) Density bonuses for the voluntary development of low-income dwelling units: a) The Council may award a density bonus for a developer s voluntary construction of low income housing up to 65 percent of the maximum density of the property s land use designation. b) At least 25 percent of the total density bonus units in a residential development shall be restricted as units meeting the low income guidelines of Policy 1.2.1, of the Housing Element of the Town s Comprehensive Plan in each phase of development

11 (3) The Workforce Housing density bonus dwelling units are additional dwelling units and represent an increase over a current land use plan designation, only when the bonus density units meet the criteria in subsection (1) or (2). (4) Workforce Housing for-sale density bonus dwelling units, which have been allocated pursuant to the provisions of this section, are conditioned upon the recordation of a restrictive covenant that maintains the units as permanent Workforce Housing units. (5) Other incentives: a) When determining Town Traffic Performance Standards on Town-maintained roads, the level of service standard permitted for all Workforce Housing units on affected roadway segments and intersections shall be up to 30 percent above the adopted LOS volumes on those segments and intersections. Any project seeking to utilize this Workforce Housing traffic concurrency exception, which significantly impacts any State Strategic Intermodal System (SIS), shall be required to address its impacts on the SIS facilities as may be required by applicable State law in effect at the time of the development order application. b) An applicant for a residential development providing Workforce Housing shall be entitled to the expedited review. Sec Workforce housing plan. (1) A Workforce Housing Plan shall include: (a) The type, size and cost (final price) of for-sale or maximum rent level of the proposed market-rate units and any Workforce Housing dwelling units to be developed on the property; (b) For proposed developments with for sale homes, provide a site plan specifically identifying the location of the proposed Workforce Housing dwelling units; (c) The Workforce Housing Plan shall include a site plan which demonstrates that the Workforce Housing dwelling units within a development are integrated; (d) An inventory of the Workforce Housing units by income level consistent with the requirements of subsection (2); (e) In the case of a phased residential development, a phasing schedule indicating the delivery by phase of a proportionate number of Workforce Housing dwelling units; (f) The anticipated timing of the completion and delivery of the Workforce Housing dwelling units; and (g) Any additional information reasonably requested by the Town or, if designated, a Community Land Trust which has been delegated by the Town Council with the responsibility of implementing the Town s Workforce Housing program. (2) The Workforce Housing Plan shall be part of any development order associated with the approval of a site plan. Sec Construction standards for workforce housing. Workforce Housing dwelling units which are constructed pursuant to this division shall meet the following standards: (1) Construction quality. The Workforce Housing dwelling units shall be comparable in construction quality and exterior design to the market rate dwelling units which are constructed within the development. Workforce Housing dwelling units may have different interior finishes and features than market rate dwelling units, so long as the interior features are of good quality and consistent with energy efficient standards for new housing contained in the Florida Building Code. (2) Size of Units. The number of bedrooms contained in a Workforce Housing dwelling unit shall be proportional to the number of bedrooms of the market rate dwelling units. (3) Minimum unit sizes for Workforce Housing dwelling units must be at least 80 percent of the average size for market rate dwelling units up to 2,000 square feet. (4) Timing of Construction. A Certificate of Occupancy for Workforce Housing dwelling units must be issued concurrently with or prior to the Certificate of Occupancy of market rate dwelling units of the residential development. In phased residential developments, Workforce Housing dwelling units may be constructed and occupied in proportion to the number of market rate dwelling units in each phase of the residential

12 development. Sec Payment of fee or donation of land in lieu of constructing workforce dwelling units. (1) The requirements of this division, except as otherwise restricted in subsections (3) through (5) below, may be satisfied by paying a fee of $200,000 per for each Workforce Housing dwelling unit offered for sale, or $150,000 each rental Workforce Housing dwelling unit. (a) The fees collected from these payments shall be deposited into the Town s Housing Trust Fund. (b) The fee shall be paid prior to the issuance of the first building permit for the residential development. (c) The fee shall be reviewed as part of the Evaluation and Appraisal Report process for the Comprehensive Plan and shall be adjusted as necessary to meet the purposes and intent of this division. (2) The requirements of this division, except as otherwise restricted in subsections (3) through (5) below, may also be satisfied by a developer donating land within the Town s boundaries or in future annexation areas. The land shall be suitable for development, and shall meet the following requirements: a) The land shall be at least equivalent in value to the applicable fee in lieu and of sufficient size to provide the required number of workforce housing units; b) The value of the land shall be determined by requiring two appraisals prepared by two separate MAI appraisers. One appraiser shall be appointed by the Town and the other one by the developer, the cost of which shall be borne by the developer. The value shall be determined by calculating the average of the two appraisals; c) The satisfaction of the requirements of this division by donating land shall be subject to the Town Council s approval; d) The value of the land to be donated may alternatively be determined by relying on the purchase price of the land provided it has been the subject of a purchase by a bona fide purchaser for value within the past year; e) The conveyance of the land to the Town shall occur prior to the initiation of development. (3) Properties within the Toney Penna Redevelopment Overlay Area may only pay a fee, or donate land, in lieu to meet 25 percent of the applicable workforce housing requirement. (4) Residential developments requiring a land use amendment or rezoning shall not have the in lieu option for the additional 14 percent of Workforce Housing dwelling units. (5) Residential developments granted density bonus units in Sec , shall not be allowed to pay a fee, or donate land, for those bonus dwelling units that are required to be Workforce Housing dwelling units. Sec Sales and rental prices for workforce housing dwelling units. (1) Initial Sales Price. The initial sales price of a Workforce Housing dwelling unit shall meet the standards established herein, which include the expected monthly mortgage payment, insurance, utilities and property taxes. (2) The maximum Workforce Housing dwelling unit purchase prices for each of the four income ranges and household sizes (one to four persons) will be evaluated by the Planning and Zoning Department annually. (3) Resale Restriction. The maximum sales price for the resale of a Workforce Housing dwelling unit shall be in accordance with the Town s Workforce Housing Policies and Procedures. A covenant that identifies the resale price restriction shall be recorded with the deed for each Workforce Housing dwelling unit. (4) Rental Prices. (a) Rental prices are established per household income level type and size, in accordance with the Florida Median Rent (FMR) published by the U.S. Department of Housing and Urban Development (HUD) and used by the Florida Housing Finance Corporation (FHFC) to establish maximum rents. The rental units shall only be leased to income-eligible households. The established maximum rents shall comply with the Town s Workforce Housing Policies and Procedures. Two tiers of incomeeligible households shall be served by the Workforce Housing Program s rental developments: low income (61 percent to 80 percent of Area Median Income), and moderate Income (81 percent to

13 100 percent of Area Median Income). Rents shall be as defined for those income levels utilized by the FHFC. (b) After the first lease with an eligible household, any renewal leases may be granted in the following circumstances per household income type: 1. Low Income household s annual anticipated gross income may increase to an amount not to exceed 140 percent of the maximum allowable median income adjusted for family size; 2. Moderate Income household s annual anticipated gross income may increase to an amount not to exceed 140 percent of the maximum allowable median income adjusted for family size; 3. Upon the request of the Town, an eligible household shall submit documentation as outlined in the Town s Workforce Housing Policies and Procedures that the household is eligible to continue occupying a Workforce Housing dwelling unit. Sec Qualifications for eligible households and prioritization criteria under the workforce homebuyer program. (1) The household income of an eligible household shall meet the income criteria for low income, moderatelow income, moderate-high income, or middle income as defined in section (2) For the Town s Homeowner and Homebuyer Assistance Program as designated in section , an eligible household must be able to qualify for a fixed-rate first mortgage through an institutional lender and meet the requirements of the Town s Homeowner and Homebuyer Assistance Program. (3) Priority for available Workforce Housing dwelling units shall be given to eligible households that meet one the following criteria: (a) (b) Qualify as first time homebuyers; At least one adult member is employed in the Town to be given priority for rental programs. For the purchase of a Workforce Housing dwelling unit, at least one adult member must be employed in the Town at least twelve months prior to submittal of an application. Sec Homeowner and homebuyer assistance program. The purpose of the Homeowner and Homebuyer Assistance Program is to provide assistance to households who meet the criteria for low, moderate-low income, moderate-high income, and middle income. The Town s Neighborhood Services Division or its designee shall administer the Homeowner and Homebuyer Assistance Program. (1) The Town s workforce housing homeowner and homebuyer assistance program includes, but is not limited, to the following: (a) Homeowner grants or loans to assist low to moderate-high income owners to improve the exterior of their homes (roofs, windows, doors, driveways, fences); (b) Rebuilding Together grants for minor exterior improvements for low to moderate-high income and typically used to assist seniors and/or disabled; (c) (d) Paint Your Heart Out for free exterior paint; Grant to Community Land Trust to write down the purchase price of a home to an eligible household. (2) The criteria for eligibility for the Homeowner and Homebuyer Assistance Program include the following: (a) An eligible household shall not exceed the income criteria for middle income as established herein; (b) A second mortgage to evidence a loan provided by the Homeowner and Homebuyer Assistance Program shall be due in full upon transfer, lease or sale of property; (c) All dwelling units acquired through the assistance of the Homeowner and Homebuyer Assistance Program shall be owner occupied and homestead property for the owner; (d) An eligible household shall provide a minimum of three percent of the purchase as a down payment for the residential unit from their own resources. Eligible Households may utilize any other source of funds including grants from the State Housing Initiative Partnership, Community Development Block Grant Program or other similar sources to assist with the down payment. (e) The Homeowner and Homebuyer Assistance Program loans shall not be assumable

14 Sec Resale of workforce housing dwelling units. For sale properties shall be subject to a recorded covenant or land lease to ensure they remain Workforce Housing units in perpetuity. The resale of a Workforce Housing unit shall be in accordance with the Town s Workforce Housing Policies and Procedures or the resale formula of a designated Community Land Trust. Sec Housing trust fund. (1) The Town shall establish a Housing Trust Fund for the purpose of collecting funds related to the Town s Workforce Housing Program. Such funds shall include but not be limited to payment of fees in lieu of providing Workforce Housing dwelling units, and loan repayments from the Homeowner and Homebuyer Assistance Program. (2) The fees in the Housing Trust Fund may be used for the following housing programs which promote the development and preservation of Workforce Housing in the Town: (a) Second mortgage assistance; (b) Down payment assistance to eligible households; (c) Acquisition and construction of Workforce Housing dwelling units; (d) Resale gap for Workforce Housing dwelling units; (e) Enhancement of county, state and federal affordable housing programs; (f) Rehabilitation of existing Workforce Housing dwelling units; and (g) Administrative functions necessary for this program. (3) The Town may from time to time, by the adoption of a Resolution, authorize additional U.S. Housing and Urban Development programs which may be funded through the Housing Trust Fund. (4) The Town Manager, or his/her designee, shall provide the required supervision for the Housing Trust Account. A financial status report on the Housing Trust Account shall be provided to the Town Council annually on or before October 1. ARTICLE I. IN GENERAL Sec Definitions Affordable Housing unit shall mean a dwelling unit for which the mortgage payment (including principal, interest, taxes and insurance) does not exceed 30 percent of the gross income of the very low income household buying the Affordable Housing dwelling unit. Area median income shall mean a division of income distribution into two equal parts: one-half above the median and one-half below, as utilized by the U.S. Census Bureau. The U.S. Department of Housing and Urban Development (HUD) uses the median incomes for families in metropolitan and non-metropolitan areas to calculate income limits for eligibility in a variety of housing programs. HUD estimates the median family income for an area in the current year and adjusts that amount for different family sizes so that family incomes may be expressed as a percentage of the area median income. For example, a family's income may equal 80 percent of the area median income, a common maximum income level for participation in HUD programs. Assets shall mean all real estate property, stocks, bonds, and cash, or other liquid assets, that are not part of a retirement investment plan or pension plan. Community Land Trust shall mean a nonprofit 501 (c) (3) organization with a mission that includes developing, preserving, and managing a permanent supply of affordable housing in Palm Beach County. Community Land Trust Agreement shall mean the agreement between the Town and a Community Land Trust that has within its mission a geography that includes the Town of Jupiter to provide administrative and regulatory services in accordance with the Workforce Housing Program

15 Dwelling Unit, Appreciation of shall mean the difference between the original purchase price for a dwelling unit and the subsequent price for the sale of the dwelling unit by the owner of the Workforce housing dwelling unit minus real estate closing costs. Dwelling Unit, Density Bonus shall mean a dwelling unit as a result of an increase in density permitted above the per acre density established by the Town. Dwelling Unit, Market Rate shall mean a unit in a residential development other than those designated a Workforce Housing dwelling unit. Dwelling unit, Workforce Housing Owner-occupied shall mean an owner-occupied dwelling unit for which the mortgage payment (including principal, interest, taxes and insurance) does not exceed 30 percent of the gross income of the middle income, moderate-high income, moderate-low income, and low income households buying the Workforce Housing dwelling unit, offered to eligible households and restricted by deed restriction for resale. Dwelling Unit, Workforce Housing Renter-Occupied shall mean a dwelling unit for which the rental payment and utility costs does not exceed 30 percent of the gross income of the moderate-low income and low income households renting the Workforce Housing dwelling unit, offered to eligible households and restricted by deed restriction for rental. Dwelling Unit, Resale Gap of shall mean the difference between the required resale price of a Workforce Housing dwelling unit and the original purchase price plus closing costs. Dwelling Unit, Sales Price of shall mean the contracted price as designated at closing as the sale price of a Workforce Housing dwelling unit. Equity Recapture Provision shall mean the division of any funds realized by the owner of a property as a result of the sale of the property in which the sales price exceeds the original purchase price as stated in the original Contract for Sale. First Time Home Buyer shall mean a household that meets the criteria of a first time home buyer as defined by the U.S. Department of Housing and Urban Development, as amended. Household shall mean one person living alone or two or more persons sharing residency whose income is considered for the Workforce housing program. Household, Eligible shall mean a household that qualifies for participation in the Workforce Housing Program described in Division 43 of this Chapter. Priority will be given to persons who work in the Town limits prior to the date of application for a Workforce Housing dwelling unit. Housing Trust Fund shall mean the Trust Fund established by the Town for the purpose of collecting and disbursing funds for Workforce Housing dwelling units in accordance with the Workforce Housing Program. Funds from the Housing Trust Fund shall also be disbursed to enhance county, state and federal affordable housing programs. Income, Very Low shall mean household income thirty (30) percent up to sixty (60) percent of the median income of the West Palm Beach/Boca Raton MSA adjusted for household size. Income, Low shall mean household income sixty-one (61) percent up to eighty (80) percent of the median household income of the West Palm Beach/Boca Raton MSA adjusted for household size. Income, Moderate-Low shall mean household income eighty-one (81) percent to one hundred (100)

16 percent of the median income of the West Palm Beach/Boca Raton MSA adjusted for household size. Income, Moderate-High shall mean household income one hundred one (101) percent to one hundred twenty (120) percent of the median income of the West Palm Beach/Boca Raton MSA adjusted for household size. Income, Middle shall mean household income one hundred twenty one (121) percent to one hundred forty (140) percent of the median income of the West Palm Beach/Boca Raton MSA adjusted for household size. Primary Residence shall mean the legal residence of the household and qualifies for Homestead Exemption, if an owner-occupied unit. Shared Appreciation shall mean the percentage of the amount of the appreciation in the value of the Workforce Housing dwelling unit to be shared by the Town and owner at the time of resale of the workforce housing dwelling unit. Workforce Housing Plan shall mean the plan submitted by the Developer as part of site plan approval that, at a minimum, designates the number of Workforce Housing dwelling units within the residential development. Workforce Housing Programs Policies and Procedures shall mean the administrative policies and procedures approved by the Town Council for the implementation of the Workforce Housing Program division

17 EVALUATION AND RECOMMENDATIONS FOR: MODIFICATIONS TO COMPREHENSIVE PLAN HOUSING ELEMENT AND NEW WORKFORCE HOUSING PROGRAM LAND DEVELOPMENT REGULATIONS FOR THE TOWN OF JUPITER, FLORIDA Presented to: The Town of Jupiter, Florida, Department of Planning and Zoning Prepared by: Innovative Housing Institute Patrick Maier, Executive Director Jaimie Ross, Board Member JANUARY

18 Table of Contents INTRODUCTION... 3 JUPITER TRENDS... 3 RECOMMENDATIONS FOR WORKFORCE HOUSING PROGRAM... 5 LINKAGE FEE FOR NEW NON-RESIDENTIAL CONSTRUCTION AND HOUSING ELEMENT POLICY... 5 BASIC WORKFORCE REQUIREMENT FOR ALL RESIDENTIAL DEVELOPMENT.. 6 WORKFORCE HOUSING REQUIREMENTS... 6 DENSITY BONUS FOR PROVISION OF WORKFORCE HOUSING UNITS... 7 PAYMENT OF FEE IN LIEU WORKFORCE HOUSING UNITS... 8 CONSTRUCTION STANDARDS FOR WORKFORCE HOUSING... 9 ALTERNATIVES TO PROVIDING WORKFORCE HOUSING UNITS MONITORING COMPLIANCE WITH WORKFORCE HOUSING UNITS HOUSING TRUST FUND

19 Introduction The Town of Jupiter, Florida is updating its current Workforce Housing Program (WHP) in the Comprehensive Plan and is initiating new Land Development Regulations to better fit the needs of its growing real estate market and to ensure it promotes housing opportunities for its diverse population. The WHP is a program that relies on the development of market rate housing to also generate housing affordable to the workforce of Jupiter. This type of program, which usually includes inducements and benefits for the market rate developers, is often described as Inclusionary housing. There are currently over five hundred localities throughout the United States that have some form of inclusionary housing policy. These jurisdictions tend to be ones with expensive housing markets, high barriers to entry, and limited land supplies in which to construct new housing. Often there are over-arching State statutes that compel the jurisdictions to take steps to include affordable housing within their boundaries. This is the case in California, Illinois, Massachusetts and New Jersey. Nationally, the housing recovery has been uneven. There has been strong growth in the high-end housing market and anemic growth in the construction of housing affordable to first time homebuyers. A recent article in the Wall Street Journal noted this phenomenon stating, The emergence of a two-tiered U.S. economy with wealthy households advancing while middle- and lower income Americans struggle, is reshaping markets for everything from housing to clothing to groceries to beer. 1 This trend, coupled with the importance of having a strong workforce to support the local economy, is resulting in more jurisdictions considering the implementation of workforce housing programs. JUPITER TRENDS The Town of Jupiter is currently experiencing healthy population growth and enjoys better than average economic indicators for the state. In 2013, the population of Jupiter was estimated to be 56,576. If projections hold, that number will be 65,267 by the year 2035, based on the Bureau of Economic and Business Research (BEBR) of the University of Florida. The homeownership rate for Jupiter is currently 75%; significantly better than the state average of 67.6%. The average value of a single family home in Jupiter is $314,431, while the average sales price is $605,670. The median sales price data paints a clearer picture of the market both in 1 Two-Tier Economy Reshapes U.S. Marketplace, Wall Street Journal, Thursday January 29,

20 the Town of Jupiter as well as the state of Florida. The median sales price of a single family Jupiter home is $385,500, while the median sales price of a single family home statewide is $170,000. The data pertaining to the rental market shows a significant cost burden to the Town s workforce population. 44% of Jupiter s residents, or 10,796 households, pay more than 30% of their monthly income for rent. 5,545 households or 23% of the population, pays more than half of their monthly income for rental housing, making them severely cost burdened. The median gross rent in Jupiter is $1,371 per month, while the statewide median is $987. This information indicates the need for improvement in the Town s Workforce Housing Policies so Jupiter can continue to grow in a way that strengthens its economy and offers good housing choices to all of its residents. The Department of Planning and Zoning for the Town of Jupiter sought outside assistance in preparing an assessment of the current WHP Land Development Regulations, market conditions, and recommendations for improving the Regulations. The Innovative Housing Institute, a long-standing and well respected nonprofit organization is providing a comprehensive study of the situation and making recommendations for improving the Workforce Housing Program. This report outlines the basis for recommendations to be addressed through amendment to the Town s Housing Element and Workforce Housing Program Land Development Regulations. These actions will assist the Town in its effort to produce moderately priced housing, at the same time incentivizing the development community to incorporate quality affordable housing in new developments and otherwise contribute to workforce housing needs in Jupiter

21 Recommendations for Improving the Workforce Housing Program LINKAGE FEE FOR NEW NON-RESIDENTIAL CONSTRUCTION SECTION , AND HOUSING ELEMENT POLICY We recommend a $1.00 per square foot linkage fee on all new non-residential construction in excess of 2,000 square feet of gross floor area and on the portion of expansion of existing nonresidential construction exceeding 2,000 square feet of new gross floor area. The linkage fee should be collected when a building permit is issued and the funds should be deposited into the Town s Housing Trust Fund. This linkage fee is a modest one, in the context of linkage fees nationally, which often range up to $7 or more per square foot of new construction. Some examples of linkage fees with inclusionary zoning from around the country include: Walnut Creek CA $5 per square foot Boston, MA - $7.82 Cambridge, MA- $4.58 Somerville, MA- $4.15 San Francisco- $16-$22 Winter Park, Florida requires a linkage of $.50 per square foot. This has been in place since 1990 with $3.65 million raised to date for workforce housing. Winter Park does not have an inclusionary zoning requirement. Coconut Creek, Florida also has a linkage fee that varies depending on the non-residential use from $.37 to $2.42 per square foot. Coconut Creek does not have an inclusionary zoning requirement. It is recommended that Jupiter adopt $1 per square foot of new or redeveloped commercial space after the first 2000 square feet. The rationale for imposing a linkage fee is to link the development of non-residential construction to the housing demand that is generated by the employees who will work there. Most non-residential buildings, once completed, become places of work for individuals with incomes across the spectrum from janitorial employee to executive. Because many of the workers are in the low to moderate income range, they need affordable housing. The American Community Survey of the U.S. Census estimates that 19.8% of employees in Jupiter are in educational services, health care and social assistance fields and 12.6% are in arts, entertainment, recreation, accommodation and food service. An additional 10.8% work in retail trade 2. These employment fields contain positions predominantly occupied by service workers. 2 American Community Survey (ACS) 2014, U.S. Bureau of the Census

22 Typical compensation for these employees falls well below the median income of $68,462 in Jupiter, and they face difficulty affording housing in Jupiter. Adoption of the linkage fee acknowledges this connection and provides resources to a Housing Trust fund that can be used in a variety of ways to help make housing in Jupiter more affordable. Certain types of non-residential construction should be exempted from paying the linkage fee. These should include public and private not-for-profit educational institutions, government agencies, and places of worship. BASIC WORKFORCE REQUIREMENT FOR ALL RESIDENTIAL DEVELOPMENT SEC (1) WORKFORCE HOUSING REQUIREMENTS Our recommendation is that all new residential developments of ten units or more will be required to provide 6% of the total dwelling units as Workforce Housing units or to pay a fee-inlieu, if they are not provided on site. Ten units or more is the most common threshold used nationally to trigger an inclusionary requirement. This would mean that a development of ten units would include one unit affordable to an eligible household within the workforce income eligible categories (rounding.6 up to one) or pay a fee-in lieu. For a development of 100 homes, six homes or the payment of a fee-in-lieu would be required for workforce eligible households. Developers who fulfill the requirement of providing workforce housing will be entitled to have expedited permitting of their development applications which will enable savings in the development process. Establishing a threshold of ten units and is consistent with Palm Beach County and also contributes to fulfilling the housing element policy c) Workforce units are encouraged to be integrated within the development, and shall be designed in a way that promotes a mixture of dwelling unit types and income level. This will help ensure that smaller developments which represent the bulk of development activity may also include workforce housing units and contribute to the dispersal of workforce housing throughout the Town. WORKFORCE HOUSING REQUIREMENTS: SEC (2) When a development requires a land use change or rezoning that increases the permitted number of units to be built, 14% of the additional units must be provided as workforce housing units on site. The fee in lieu can be paid for the workforce housing obligation associated with the original base density or the fee in lieu would be paid for each unit not built. As a simple example, if the land use amendment is approved on a ten acre development site that increases the allowable density from 3 units per acre to 6 units per acre, the new permitted density is 60 units, and the workforce housing requirement would be three workforce housing units (.06 x the base density of 30 = x the additional 30 homes permitted by the

23 rezoning=4.2.) =6 workforce housing units of the 60 total that would serve workforce eligible households. Fees could be paid for the 2 units associated with the base density, but the six units associated with the increased density provided by the rezoning would be required to be built as part of the development. DENSITY BONUS FOR PROVISION OF WORKFORCE HOUSING UNITS DENSITY BONUSES AND OTHER INCENTIVES SEC Without going through the time and expense required to rezone property, density bonuses are the most common method used nationally to provide an inducement or offset to a workforce or inclusionary housing requirement. They provide the developer or homebuilder with the ability to build additional units above and beyond the base density of the site. In some cases the allowance to build additional units is confined to the required number of workforce housing units. In others the density bonus confers the right to build additional market units as well. In Jupiter, our recommendation is to consider the provision of density bonuses as an opportunity for developers that build workforce housing units on site. Site plans would be considered on a case by case basis for the potential award of a density bonus, taking into consideration any site constraints and environmentally sensitive areas. If there is the potential to accommodate the bonus density requested, we are recommending two categories of potential bonus: a bonus of up to 30% available to all residential or mixed use developments anywhere in the Town; and a bonus of up to 100% available in certain areas that have been designated for higher density development or redevelopment. This is consistent with the existing Workforce Housing policies in the Comprehensive Plan that were adopted in Any residential or mixed use development proposed throughout the Town would be able to request a bonus for up to a 30% increase over the base density. If, after site plan consideration, a density bonus is awarded, 40% of the additional units would be required as Workforce housing units. As an example: If a development that is planned for a base density of 100 homes requests a 30% density bonus, and is approved for that bonus, its new permitted density would be 130 homes. The workforce housing requirement for this development would be.06 x base density plus.4 x the additional 30 homes (.06 x100= x 30=12, 12+6= 18). So the requirement would be a total obligation of 18 workforce housing units. The developer in this case could either provide all 18 workforce homes on site, which would be the preferred outcome, or build the 12 associated with the density bonus and pay the in-lieu fee for each of the balance of 6 workforce housing units. If the developer opts to only build the twelve workforce housing units associated with the bonus on site he has 18 additional market rate homes to offset the cost of the workforce housing requirement

24 In certain areas of the Town that have been identified as appropriate for substantial development or redevelopment a density bonus of up to 100% of the base density may be permitted. These areas would include the High Density Residential, Inlet Village Residential, Mixed Use, Riverwalk Flex, and Inlet Village Flex land use categories. Areas located within one-half mile or less from a Jupiter Tri Rail Station would also be included, as funding for initial planning is included in the SFRTA budget 3. In these cases, the developer must be willing to provide 50% or more of the bonus units as Workforce Housing Units on-site. The calculation would follow the same model as in the previous paragraph. PAYMENT OF FEE IN LIEU WORKFORCE HOUSING UNITS SEC (1) Inclusionary programs frequently incorporate the ability to pay a fee-in-lieu or make a donation of land or buildings rather than building the required workforce housing units on site. This provides an alternative to on-site provision of workforce housing units. In some places the in-lieu fee or land donation is only permitted after special review, as the preferred outcome is to have the builder provide the workforce homes on site. On site provision is preferred because the municipality s ability to translate a financial or land donation into needed housing units is uncertain and may require additional resources or partners that might not materialize. The cost of providing an affordable workforce home may be well above the in-lieu fee amount, or the land donated may have environmental or neighborhood challenges that prevents its eventual development. The rationale for permitting an in lieu fee payment or a land donation lies in the recognition that there may be valid obstacles to providing the workforce homes on site and that it is important to provide flexibility in program administration and to be responsive to development problems and challenges. This is particularly true in cases of small scale development where it may be difficult to incorporate one or two workforce housing units in an otherwise luxury oriented community, or when lot sizes are so large that it makes the provision of a modest priced home impractical. The recommended approach in Jupiter is to allow for an option to pay a fee-in-lieu from developments that conform to existing zoning. Developments that receive a rezoning, zoning amendment or are awarded bonus density must provide the additional workforce housing units associated with the increase in development size as workforce housing units built on-site. The 3 From the SFRTA capital budget: Goal 2: Expand System Facilities and Operations: The SFRTA has made positive steps towards this goal. The shuttle bus system has been expanded to include more service and increased hours of operation. The SFRTA Adopted Budget for FY includes funding to increase Tri-Rail weekend headways to hourly service. This increase will be beneficial to our weekend riders, who currently experience two hour headways. The Tri- Rail system may also be expanding within the region. The Fast Start Plan for Tri-Rail Coastal Service not only brings commuter rail to the FEC line, and the traditional downtowns of the region, but also an expansion to the North and South. This new service would go as far north as Jupiter, and will go south into Downtown Miami

25 6% workforce housing unit requirement associated with the base density of the site may be fulfilled with payment of a fee-in-lieu. The amount to be paid as a fee-in-lieu is an important consideration for the Workforce housing program. There are various approaches to this in programs around the country: some look at the total development cost of building a modest housing unit in the particular community; some look at that same cost minus what a household of moderate income would be expected to pay; others look at the gap between a modest home s cost and the market home in that same development. These different approaches result in different calculations based on the housing market and program parameters in a particular place. What we have learned is that setting the fee-in-lieu too low always has adverse impacts on workforce programs. This is because a low fee-in-lieu makes it more likely that the program will be a fee-generator than an actual production mechanism for workforce housing. It also makes the locality s job harder if the fee is insufficient to produce workforce housing elsewhere. And lastly, it detracts from the inclusive benefits of having moderate cost housing integrated into communities with positive amenities. In Palm Beach County the staff determined that the construction cost gap was approximately $150,000, but that was reduced to $81,500 in compromise with the development community. We looked at in-lieu fees around the country and at the difference in price between affordable workforce housing units and the market in Jupiter. We also consulted with a local Community Land Trust as to a reasonable fee. Our recommendation for an-in-lieu fee for rental workforce housing is $150,000 and for for-sale housing it is $200,000. This is a conservative estimate of the actual cost of constructing modest homes in Jupiter since the construction costs are typically higher in the Town. CONSTRUCTION STANDARDS SEC CONSTRUCTION STANDARDS FOR WORKFORCE HOUSING It is important that the workforce housing units provided, whether constructed on-site by the developer, off-site with assistance from the Town s Housing Trust Fund, or on a donated site in partnership with another developer, meet high standards of design and construction quality. Meeting such standards helps ensure that the workforce housing units will be attractive, fit in with other Jupiter communities, and will not stigmatize the residents who call the workforce housing units their home. Ideally, workforce housing dwelling units will be dispersed throughout a residential development and comparable in construction quality and exterior design to the market rate dwelling units constructed as part of the residential development. Workforce Housing dwelling units may have

26 different interior finishes and features than market rate dwelling units, so long as the interior features are of good quality and consistent with energy efficient standards for new housing contained in the Florida Building Code. We recommend requiring a proportional mixture of unit sizes in a development participating in the Workforce Housing Program. For instance, the number of bedrooms in the Workforce Housing Units should be proportional to the bedroom mix in the market rate units in the development. Minimum unit sizes for Workforce Housing Units must be at least 80% of the proportionate market rate units. Construction of Workforce Housing dwelling units should occur along with the market rate dwelling units of the residential development. This is so that the sales or leasing program for the community results in move-ins that include the workforce residents in the same time frame as market residents. We have seen issues develop elsewhere when the workforce units lag in development schedules, or are not built at all. ALTERNATIVES TO PROVIDING WORKFORCE HOUSING UNITS SEC (2) DONATION OF LAND IN LIEU OF WORKFORCE DWELLING UNITS Some inclusionary programs have found it beneficial to permit the fulfillment of workforce housing requirements through alternative means, such as donation of land or existing housing. This can enable the Town or developers of affordable housing to serve public purposes that may not be served through typical provision of workforce housing units. This could include the rehabilitation and upgrading of aged or outmoded workforce housing stock in the Town s older established neighborhoods; partnership with developers of affordable housing that serve a broader range of household incomes; or the donation of a parcel that has strategic land assemblage value for a larger development that serves both the market and workforce housing needs. In the event that such an alternative means is proposed, it must be equivalent in value and of sufficient size to provide the required number of workforce housing units; the use of the off-site parcel as an alternative means of providing the required Workforce Housing units is subject to the approval of the Town Council; and the donation occurs prior to the initiation of development requesting off-site Workforce housing dwelling units

27 MONITORING COMPLIANCE WITH WORKFORCE HOUSING REQUIREMENTS SEC THROUGH In order to truly benefit the workforce of Jupiter and to meet the long term goals of the Town, we recommend adjusting the compliance period for both for-sale and rental Workforce Housing Units. During a recent public comment period, stakeholders indicated the current compliance period of 15 years is not long enough and we agree. We recommend that for-sale Workforce Housing Units remain affordable in perpetuity and that rental Workforce Housing Units remain affordable for 30 years. These terms of required affordability duration are rapidly becoming the standard nationally, especially in high cost residential areas where it is difficult to create new affordable housing and where there is considerable market pressure. Local developers have commented that they have issues with not requiring units to be maintained in perpetuity because then the Town would be having to continually replace homes that go to the market, and provide a windfall to the lucky resident. This recommendation comes with the caution that program management is complex and must be sustained over time. It will be critical to develop the staff capacity to manage and oversee this program and to develop a set of administrative regulations that provide flexibility and guidance to the staff or organization that will implement the workforce housing program. These administrative regulations are identified in the draft Land Development Regulations as Workforce Housing Policies and Procedures. They address such issues as what is considered in qualifying households for the program; how income is calculated; what constitutes a qualified household at the time a workforce housing unit is ready to be purchased or rented; how priority to purchase is determined; how proceeds from the subsequent sale of a workforce housing unit are shared; how improvements to a workforce housing unit can be made and their value captured at sale; and how workforce housing pricing results in affordability as construction and finance cost inputs change. They also detail which department or agency of Town government is responsible for what aspect of program management. Developing the Workforce Housing Policies and Procedures is an important adjunct to the Program. Professional assistance in putting these in place is recommended. Maintaining long term affordability requires annual monitoring with oversight at lease renewals and re-sales. Due to the size of the Town s staff and budget constraints, we recommend placing the responsibility for monitoring compliance and administration of the Workforce Housing Program on a neutral third party. In this case, we recommend using a Community Land Trust (CLT). CLTs are community based non-profits that manage and administer things in the public trust- sometimes open space and

28 farmland, in urban settings, often workforce housing. In conjunction with inclusionary housing programs they help ensure that the program is properly administered, that the residents understand the program rules and their obligations, and that the homes remain affordable for the long term. They prepare program applicants for purchase or rent, and ensure that those applicants can qualify when workforce homes become available. Qualified rental resident incomes may increase over time; however once they reach an income level that would permit them to purchase or rent market rate housing, they would no longer be eligible for the rental workforce housing units. Qualified purchasers of workforce housing units would never be compelled to sell them, but their ability to profit from a sale is limited in order to keep the home affordable for the next qualified resident. We recommend using a Community Land Trust for this function because long term affordability (in perpetuity) can be complicated to monitor. CLTs, by design, maintain affordable requirements specifically tied to land use restrictions for extended periods of time. These organizations are familiar with income qualification requirements as well as the calculations for re-sale requirements. We suggest identifying CLTs that are authorized to work in Palm Beach County and selecting at least one to be the approved Workforce Housing Program Compliance Monitor. The selected CLT can also assist the Town with alternative developments of affordable housing that may arise out of the operation of the Workforce Housing Program. HOUSING TRUST FUND SECTION Proceeds from the payment of fees-in lieu and other funds related to the Workforce Housing Program should be placed in a Housing Trust Fund for the Town of Jupiter. Housing Trust Funds are an important local and state tool that enables contribution to the provision of workforce and affordable housing. Florida has the distinction of having the nation s largest State housing trust fund, the Sadowski Housing Trust Fund. The local Housing Trust Fund can be used for a variety of purposes to support the program including down payment assistance, rehabilitation of workforce housing units as they age, and administrative functions necessary for the program. Having a fund dedicated to the provision and maintenance of workforce housing provides the Town important leverage in ensuring that workforce homes are attractive and maintain that appearance over time, and that other desirable affordable developments are economically feasible

29 Sample Workforce Housing Maximum Rents Worksheet (3 Bedroom Unit) Income to Support Maximum Allowable Rent Worksheet 1 MEDIAN INCOME, FAMILY OF 4.5, CALCULATION 80% 100% PALM BEACH COUNTY, FLORIDA* $67,950 $67,950 2 ADJUSTED INCOME** $54,360 $67,950 3 FUNDS AVAILABLE FOR HOUSING (#2 x 30%) $16,308 $20,385 4 LESS FEES AND CHARGES: b) UTILITIES*** ($ per month) $2,256 $2,256 SUBTOTAL: $2,256 $2,256 5 AVAILABLE FOR RENT (#3 - #4) $14,052 $18,129 6 MAXIMUM MONTHLY RENT (#5 / 12) $1,170 $1,500 * Based upon the Palm Beach County median income according to the 2014 annual estimate prepared by the U.S. Department of Housing and Urban Development ** Based upon Jupiter Comprehensive Plan *** Based on West Palm Beach Housing Authority monthly allowances for utilities and other services for a 3 bedroom dwelling unit, as of January 1,

30 COMMUNITY LAND TRUSTS Town of Jupiter January 15,

31 4-31

32 4-32

33 TYPICAL RESPONSES Assistance is provided to limited-income homebuyer - to bridge affordability gap or value gap (or both) as: Grant to homebuyer or Forgivable or deferred loan to homebuyer No long-term protections are put in place to preserve the assistance provided, over time Little, if any, ongoing support and assistance is provided to homeowners after move-in 4-33

34 COMMUNITY LAND TRUSTS Take a unique and long-term approach to affordable homeownership - by altering: How affordability subsidy is applied How homeownership is structured How long-term relationships with homeowners are nurtured and maintained 4-34

35 4-35

36 PERMANENT AFFORDABILITY Subsidy is used to write down the sales price of the home to an affordable purchase price CLT homeowners, by signing the ground lease: Agree to share with future homebuyers the affordability that was initially created for them Agree to resale formula that will be used to determine the price at which they can sell their homes 4-36

37 RESALE FORMULA - EXAMPLE Original Value (by appraisal) = $100,000 Minus Subsidy: ($30,000) Original Purchase Price = $70,000 Owner s Share of Appreciation = 25% Resale Value at Resale (by appraisal) = $140,000 Increase in Value ($140,000 - $100,000) = $40,000 Owner s share ($40,000 x 25%)= $10,000 Resale Price = $80,000 ($70,000 + $10,000) 4-37

38 PERMANENT AFFORDABILITY The community - rather than the marketplace - determines the future use and disposition of these community assets Quality homes made initially affordable remain affordable from one homeowner to the next - without requiring additional subsidy investments The benefits of limited and precious public and private subsidies used to create the initial affordability of these homes is preserved for generations to come 4-38

39 STEWARDSHIP PERMANENT ACCOUNTABILITY CLTs enter into long-term, mutually accountable relationships with their homeowners Ground lease lays out clear expectations - and CLT monitors and enforces homeowner compliance CLTs stand behind - and backstop - their homeowners to help ensure the prospects for their success 4-39

40 STEWARDSHIP BACKSTOPPING CLT expectations are clear: rules must be followed CLT expectations can be waived in event of hardship CLT has right to intervene in event of mortgage default, to prevent foreclosure CLT provides - or arranges for - additional 4-40 support services, as needed

41 STEWARDSHIP OUTCOMES HOMEOWNER SECURITY Across the country, the average tenure of CLT homeownership is 7 years In many communities, 70% or more of CLT homeowners, when they sell their CLT home, purchase an unassisted, unrestricted, market-rate home 4-41

42 STEWARDSHIP OUTCOMES NEIGHBORHOOD STABILITY Over 90% of CLT homeowners remain in their homes at least 5 years CLTs require owner-occupancy and prohibit subletting of CLT homes CLT homeowners must maintain their homes and lots - and, if they do not, CLT can step in and remedy the situation 4-42

43 COMMUNITY LAND TRUST Community-based, nonprofit corporation 501(c)(3) charitable organization Board of directors representative of community it serves 1/3 of seats: homeowner directors 1/3 of seats: community directors 1/3 of seats: general public directors 4-43

44 CLT HOMEBUYER MORTGAGE FINANCING Leasehold mortgage (i.e., not fee simple) Collateral for mortgage is fee simple value of improvements and leasehold interest in land Similar to commercial lending Standard downpayment requirements and underwriting standards apply 4-44

45 MORTGAGE PERFORMANCE 4-45

46 CLT MORTGAGE FINANCING DEFAULT & FORECLOSURE Cross-notice and cross-cure provisions CLT has cure rights in event of mortgage default, prior to foreclosure Removal of resale restrictions and incomequalification requirements upon foreclosure Mortgagee is able to sell leasehold estate to any buyer for whatever price it can negotiate 4-46

47 Questions?? 4-47

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