Maier and Thoburn - Florida Housing Coalition Conference



Maier and Thoburn - Florida Housing Coalition Conference
Producing Affordable Housing &
Housing Choices through
Progressive Land Use Policies
Florida Housing Coalition 2015 Conference
September 1, 2015
Town of Jupiter
A distinctive coastal
community committed to
preserving its unique
character, history and
vibrant small-town feel!
Evolution of Workforce Housing Program
• 1995 – Abacoa DRI
Affordable Housing
o 1,589 workforce units approved
o Not meaningful since…
All homes at 120% of AMI
No income qualification
Affordable duration too short (5 years)
o Dakota (87 WH units) and Allure
(270 WH units)
Evolution of Workforce Housing Program
• Palm Beach County Workforce Housing
regulations used as template for consistency
• 2008 – Workforce Housing Comprehensive Plan
o 6% mandatory WH units for developments of 10 units or more
o Density bonus program for Workforce Housing units
o Investigate nonresidential linkage fee
o Develop Workforce Housing Regulations
• 2008-2012 – Down turn in
market postpones development
of Workforce regulations
Evolution of Workforce Housing Program
• 2012 – Barcelona
Apartments (351 total units)
o Density Bonus Program utilized
(increase of 7 units per acre)
o 75 WH units
o Income qualified
o 35 Low income WH units
o Range of household incomes:
Low (61-80% of AMI)
Moderate-Low (81-100% of AMI)
Moderate-High (101-120% of AMI)
Middle (121-140% of AMI)
Decision to Hire a Consultant
 Why hire a Workforce Housing consultant?
o Town Planning staff not housing experts
o Controversial issues (internal & external)
o Need to be legally defensible
 Decision to hire Innovative Housing
o National Organization w/ Board of Housing leaders
o Created in 1996 – Vast Experience with Workforce
policy and programs
o Patrick Maier – Principal role in development of
Montgomery County, Maryland moderately priced
dwelling unit programs
o Jamie Ross –President of Florida Housing Coalition
and land use attorney
How did we get there?
• 2013 – Established Workforce
Housing Steering Committee
o Included bankers, major employers,
residential developers and a police officer
o Met four times in 2013
o Recommended components to draft
Comprehensive Plan and LDRs
• 2014 – Town hires 1st consultant to draft Workforce Housing
• 2014 (June) – 1st Public Workshop
Attended by Steering Committee members, development community and
interested residents
Comments from the public included increasing the % Workforce Housing
required and in-lieu payments…we weren’t doing enough
2014 (November) – Town Hires Innovative Housing Institute
2015 (January) – 2nd Public Workshop
State Requirements & Other Cities
• Florida Statutes, Chapter 420
Cities with Linkage Fees
State housing strategy for decent and affordable housing
Work with private sector to produce Workforce Housing
Coconut Creek, Florida
Winter Park, Florida
Somerville, Massachusetts
Walnut Creek, California
Santa Monica, California
Only Jupiter has both Inclusionary zoning and
Linkage Fees in Florida
Workforce Housing Needs Assessment
• University of Florida Shimberg Center
o Florida Housing Data Clearinghouse – Provides data on
WH needs and supplies for Florida cities and counties
• Town’s WH Needs Assessment
Based on population projections through 2035
Incorporated Palm Beach County 2013 Population Allocation
Resulted in updated tables for rental and for-sale WH
substantial need for 20 year period from 2015 to 2035
Workforce Housing Regulations
 Inclusionary requirement for developments 10 > units
o 6% for developments of 10 units or greater
o 20% of increased density associated with land use change or
o No in lieu buyout option for 20% associated with changes
• Payment of fee or donation of land in lieu of WH
o For-sale unit fee - $200,000
o Rental unit fee - $150,000
o No in lieu buyout option for density
bonus required WH units
Workforce Housing Regulations
• Non-residential Linkage Fee
o $1.00 per square foot (s.f.)
o Applies to all new development and
redevelopment > 10,000 s.f.
o Exemptions for educational, government
buildings, churches
o Waivers for R&D/ bioscience research
Marriot Courtyard
• WHP Density Bonuses and other incentives
o 30% of base density - provided that 40% of density WH units
o 31%-100% of base density - provided 50% of density WH units and
meets 1 or more of the following:
 Allowed only in high density land use designations
 Within ½ mile of an existing or planned rail station
 Within Redevelopment Overlay Area
 At least 60% of bonus density units are designated as Workforce Housing units
Workforce housing- income levels
Tiers of household incomes
Served by regulations:
Low (61-80% of AMI)
Moderate-Low (81-100% of AMI)
Moderate-High (101-120% of AMI)
Middle (121-140% of AMI)
 Allocation of Workforce housing units in a project
o Equally allocated between the four tiers
o Sequential starting with Low household income
 Boca Raton/ West Palm Beach MSA AMI - $64,900
Issues that came up…
• Unconstitutional Taking
o IHI Provided National Research rebutting taking concerns
o Constitutionality strengthened by recent California
Supreme Court case ruling
• Linkage Fee exemptions
Scripps Institute
o Applicability to non-residential
o Buildings under 10,000 s.f.
o Waivers for R&D/bioscience
• Administration of Program
o Option to partner with Community Land Trusts
o Development of Policies and Procedures (next step)
Producing Affordable Housing &
Housing Choices through
Progressive Land Use Policies

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