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					    Volusia Home Builders Association

          Workforce Housing Solutions Report
                              March 10th, 2006




Volusia Home Builders Association                1
Workforce Housing Solutions Report
March 2006
                    Volusia Home Builders Association
                       Workforce Housing Report
                             March 10th, 2006


Contents

Introduction/Background_____________________________________Pg. 3

Solution A- Have Governments Remove Regulatory Barriers________Pg. 4
       What is a Regulatory Barrier?
       HUD “Why Not In Our Community? Removing Barriers to
         Affordable Housing” Report
       The City of Orlando Regulatory Barrier Reform Example
       How Do We Know If Local Regulations Are Contributing To The
         Housing Affordability Problem?

Solution B- Create Incentive Program For Developers______________Pg. 8
       Density Bonuses
       Expedited Permit Review Process
       The City of Orlando Developer Incentive Program Example
       Waive Impact Fees

Solution C- Community Land Trusts (Housing Trusts/Land Banking)_Pg. 10
       What is a Community Land Trust?
       How It Works
       How to create your own land trust organization
       Features
       Strengths/Weaknesses
       Success
       Northern California Land Trust-Berkley, CA
       Sources

Appendix________________________________________________Pg. 18
      HUD Report- “Why Not In Our Community? Removing Barriers
        to Affordable Housing”


Volusia Home Builders Association                                    2
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                  Volusia Home Builders Association
                        Workforce Housing Solutions
                             March 10th, 2006

Introduction

For over 50 years the Volusia Home Builders Association has been guiding
the homebuilding and development industry in Volusia County. During
each and every one of those 50 years, the VHBA has been working to keep
housing prices at a reasonable rate, in order to ensure that Volusia’s
workforce has had a piece of the “American Dream” and a place to call
home.

In 2006, housing affordability for the average working family in Volusia
County has become a point of concern for most local governments in our
area. The Volusia Home Builders Association is hoping that by establishing
partnerships with our local governments and taking the necessary steps
needed by both sides, the homebuilders and the local governments, that
home prices can become more affordable for the average worker and the
average family in our area.

In the following pages, the VHBA will outline some of the programs that we
feel would work within Volusia County and have a minimal impact on the
homebuilding industry. While the VHBA is willing to help address this
issue and become a part of the solution, we must recognize that the
affordable/workforce housing issue is a community-wide issue. That means
that we all must do our part to help the situation. Additionally, the
homebuilding market is slowing down, and if we were to adopt practices and
policies that put an additional burden on the homebuilding industry, the slow
down we are experiencing, may in fact become a fast fall. Homebuilding
and its associated businesses are the second leading industry in this area next
to tourism. It is one of the larger reasons why local governments have seen
huge financial windfalls in the last few years, why the unemployment rate
remains at record lows and why local governments are able to keep taxes at
low rates for current residents.

The VHBA is looking forward to working with our local governmental
leaders and elected officials in order to create solutions that will ultimately
benefit the hard working families of Volusia County.

Volusia Home Builders Association                                                 3
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Solution A- Have Governments Remove Regulatory Barriers

One of the primary reasons that homes are becoming more expensive in
Volusia County, aside from the increase cost of labor, the increased cost of
construction materials and the increased cost of land, are the increasing
amount of regulatory barriers that local governments are imposing on the
building industry.

                     What Is A “Regulatory Barrier?”
A regulatory barrier is any local ordinance or policy that reduces the supply
of housing and will in turn increase its cost. These regulations tend to be
land-use and zoning issues. But local standards, fees, and review or
approval procedures can also directly increase the cost and time it takes to
develop, rehabilitate, or construct housing.

Regulatory barriers are such a major issue, that it has gained national
attention over the course of the last 15 years. In 1991, the United States
Department of Housing and Urban Development (HUD) issued a report
titled, “Not In My Back Yard: Removing Barriers to Affordable Housing.”
This report was one of the first of its kind that examined what regulatory
barriers are, and how they affect the cost of housing, which in turn, directly
affects a community’s ability to provide affordable/workforce housing.

Recently, HUD updated the initial “NIMBY” report by issuing another
report called, “Why Not In Our Community? Removing Barriers to
Affordable Housing.” HUD has found through several studies, that
regulatory barriers alone can “…increase development costs by up to 35
percent.” Removing regulatory barriers that exist within local governments
is a “top departmental priority receiving high-level attention on a daily
basis” at HUD. This is such a serious issue that HUD Secretary Alphonso
Jackson said, “I know that regulatory barriers have an enormous impact on
the cost and availability of housing for hard-working American families.
We at HUD have been working with states and local communities to break
down these barriers.”




Volusia Home Builders Association                                                4
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Solution A- Have Governments Remove Regulatory Barriers
(continued)

While recognizing that local regulatory barriers increase the cost of housing,
HUD has said that talk is not enough. In order to really do something about
removing regulatory barriers, and to provide a helping hand in what can be a
very long and difficult process, HUD has created a department wide
initiative entitled “America’s Affordable Communities Initiative: Bringing
Homes Within Reach Through Regulatory Reform.” (The Initiative)

The Initiative seeks to help state and local governments identify regulatory
barriers to affordable/workforce housing and direct local governments on
ways to reform those regulations so that they no longer hinder the
development or rehabilitation of affordable/workforce housing.

The City of Orlando was honored last year for the regulatory changes that
led to the creation of more than 6,000 affordable homes since 1996. More
than 2,000 of those homes were built by the private sector with nothing more
than regulatory-related incentives.

The federal Department of Housing and Urban Development gave Orlando
one of its 2005 Robert L. Woodson, Jr. awards, which recognize local
governments that reduce regulatory barriers to promote affordable housing.
Instead of having a knee-jerk reaction to a major issue, Orlando Housing
Director Lelia Allen examined the situation, examined the facts, and made
an unbelievable difference. What’s more is that Ms. Allen was able to do
this while the housing market in Orlando was on its hottest record-breaking
streak in its history.

Along with removing regulatory barriers, the City of Orlando recognized
that their impact fees also posed a threat to the development of
affordable/workforce housing. After recognizing that impact fees on
affordable/workforce housing could also be considered a regulatory barrier,
the City of Orlando decided to reimburse developers for sewer and
transportation impact fees (saving $4,200 per single-family home) and
reimbursing a portion of school impact fees - $952 for apartments, $2,360
for multi-family and $4,340 for single-family homes. By considering
reimbursing or waiving impact fees for workforce/affordable housing, the
City of Orlando reduced the cost of a single-family home by $8,500!

Volusia Home Builders Association                                              5
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Solution A- Have Governments Remove Regulatory Barriers
(continued)

Finally, some people may still not be convinced that regulatory barriers are
having such an impact. These folks may be asking the question, “How do
we know if local regulations are contributing to the housing affordability
problem? Here are some simple examples:

           City/County Council and Planning Commission dockets are
            backlogged with development applications (This is the case
            with most of Volusia’s major cities. One specific example is
            the City of Deland. Deland passed a development deferral in
            2005. Also, in 2005, the City of Port Orange decided to only
            allows 3 development review applications to be processed per
            month.)

           Developers and municipal staff report increasingly long
            processing times for zoning, subdivision, and other
            applications. (This is a regular concern by Volusia’s builders.)

             Localities may require fewer units, larger units, or more
              amenities rather than letting the market dictate the design. (A
              prime example of this is the City of Port Orange’s recent Land
              Development Code changes, 2005. Additionally, the City of
              Edgewater is currently considering similar LDC changes
              (2006).)

The above are just a few of the symptoms that ought to lead us to directly
addressing the problem, regulatory barriers.

The VHBA strongly believes that there are other steps that can be taken first
by local governments, before the respective governments look to the
development industry for answers. The VHBA strongly urges local
municipal and county officials to examine those areas first, before
considering placing another undue hardship on the building industry in
Volusia County.




Volusia Home Builders Association                                               6
Workforce Housing Solutions Report
March 2006
Solution A- Have Governments Remove Regulatory Barriers
(continued)

In the appendix you will find the report, “Why Not In Our Community?
Removing Barriers to Affordable Housing.” The VHBA strongly
encourages local governments to review this information and consider
addressing the regulatory barrier problem. It has worked in Orlando and
across the country, and it can work here.




Volusia Home Builders Association                                         7
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March 2006
Solution B- Create Incentive Program For Developers

Many areas throughout the United States have created and implemented
Incentive Programs for developers who are willing to construct
affordable/workforce housing. It is believed that if you make building
affordable/workforce housing appealing and financially feasible to
developers by offering incentives, such as higher density, then the
development community will willingly build these units. Incentive
Programs are not a mandatory requirement, however, if properly
implemented, it is not likely that any developer would turn down the
incentives offered.

The most common incentive offered to developers is higher density. Higher
density means more houses can be built on a given area of land, reducing the
land cost of each housing unit. By making higher density available only for
projects that include a substantial percentage of affordable housing through
its density bonus program, a local government encourages construction of
year-round affordable units at higher density.

Another major incentive that is considered as a major lure for developers is
an expedited development review process. While very difficult to
implement and guarantee, developer’s value the expedited development
review process very highly. Currently, the City of Palmetto, FL is crafting
an affordable/workforce housing solution that will include an expedited
development review process.

Additionally, the City of Orlando was recently recognized by the United
States Department of Housing and Urban Development and awarded the
Department’s 2005 Robert L. Woodson, Jr. Award that recognizes local
governments that reduce regulatory barriers to promote affordable housing.
In fact, Florida Trend Magazine recognized the City of Orlando and Lelia
Allen, Orlando’s Housing Director, for their efforts in the February 2006
issue of Florida Trend. Orlando’s incentives list is lengthy, however,
according to Ms. Allen, aside from the expedited development review
process, the most instrumental incentive offered by the City of Orlando is
reimbursing developers for certain impact fees that total nearly $8,500 per
single-family unit.



Volusia Home Builders Association                                              8
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March 2006
Solution B- Create Incentive Program For Developers (continued)

Impact Fee waiving or reimbursement is an option for Volusia County area
governments to consider. Impact Fees in most areas are adding over
$10,000 to the cost of a new single-family home. When it comes to
providing affordable/workforce housing, every dollar counts…especially
when you’re talking about amounts greater than $10,000.




Volusia Home Builders Association                                          9
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March 2006
Solution C- Community Land Trusts (Housing Trusts/Land Banking)

While Florida's land values continue to climb, and as communities grapple
with the complex issues of sustainable affordable housing, local
governments and their nonprofit partners are examining alternative models
for addressing the long-term needs of residents least served by the prevailing
market.

A community land trust can benefit low-income families by providing
access to affordable/workforce housing in high cost, service-industry
dependent areas, while keeping housing affordable for future residents. Just
as importantly, the CLT model can be used to capture the value of public
investment for long-term community benefit.

                      What Is A Community Land Trust?
A community land trust refers to the vehicle of separating land from
building (house) for the purpose of transferring title to the house without
selling the land. It also denotes the nonprofit organization that holds title to
the land and manages the ground leases on community land trust properties.
Homeownership becomes more affordable because the transfer of title to the
homeowner does not include a fee interest in the land; the sales price is
based on the value of the improvements, without the value of the land. The
land is owned by a 501(c)(3) corporation, which provides a 99-year ground
lease to the homeowner.

The ground lease has a resale provision, which ensures the property will be
affordable in perpetuity. The home must be sold to an income-eligible buyer
at an affordable price. The resale provision will typically provide a
reasonable return to the homeowner, but the appreciation may be far less
than standard market appreciation. The resale provision will also typically
provide a right of first refusal in favor of the CLT.

From the standpoint of the buyer, the CLT home provides homeownership in
a market where the alternative is to rent or move away. From the standpoint
of the local government, society, funders providing subsidy, and affordable
housing advocates in general, the CLT provides a way of creating permanent
housing stock with a single subsidy.



Volusia Home Builders Association                                             10
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Solution C- Community Land Trusts (continued)

                                  How it works
CLTs can build or rehabilitate homes and sell to low or moderate-income
families and still have the title of the land. CLT homebuyers agree in
advance to limit the price at which they will sell their home to insure that it
remains affordable to future low or moderate-income families.

CLTs have a distinctive approach to ownership. Sometimes CLTs receive
vacant land and arrange for development and other times CLTs acquire both
land and buildings. In the case of only land ownership, the land is owned
permanently by a land trust, a 501c3, which will always benefit the
community.

CLTs may serve different individuals but seeks to primarily help people own
homes who could not otherwise afford them. When CLT homes are sold, it
leases the underlying land to the homeowners through a long-term (usually a
99-year) renewable lease, which gives residence and their descendants the
right to use the land for as long as they wish to live there.

When residents are ready to sell, each land trust decides what resale
formulas to use and the most common is the appraisal-based formulas. The
formulas set the price as the sum of what the seller paid for the home plus a
certain percentage of any increase in market value. Most groups spend a
good deal of time examining the various possibilities before deciding on a
formula.

When CLT homeowners sell these homes, the land lease requires that the
home be sold back to the CLT or to another lower income household at an
affordable price. CLT homes can be inherited if any of these qualifications
are met: if they are children of the deceased owner, have already lived in the
home for a period of time or qualify as low or moderate income households.
The lease explains the limitations and subleasing is permitted for a limited
time.

Residents pay property taxes on their homes if they own them. CLTs usually
pay taxes on their landholdings with the cost usually covered by lease fees
from those using the land. (CLTs and their residents can request reduced
property tax assessments based on the resale value of the home as

Volusia Home Builders Association                                             11
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Solution C- Community Land Trusts (continued)

determined by the CLT’s resale formula rather than what would otherwise
be the market value of the property.)

CLTs have been able to negotiate mortgage agreements that address the
basic concerns of lenders while protecting the CLT’s long-term interest in
the property. These agreements typically allow the CLT to take action, if
necessary to prevent foreclosure and the sale of the property on the open
market. Such mortgages give the lender a claim on the borrower’s house and
“leasehold interest” The CLT’s “fee interest” in the land is not mortgages.
These “leasehold mortgages” can be and have been insured by FHA and
have been purchased by Fannie Mae and a number of state housing finance
agencies as well as banks. CLT homebuyers have also received mortgage
loans through the Rural Housing Services program of the federal
Department of Agriculture.

             How to create your own land trust organization
CLTs are designed as membership organizations. A board of directors is
elected by two groups of voting members. One being CLT homeowners and
the second group is comprised of neighbors of CLT residents, people who
are simply interested, and those who would like to purchase a CLT home in
the future.

The board of directors represents each of the three kinds of interested
parties.

Groups that have started CLTs include neighborhood associations, religious
coalitions, community development coalitions, local governments and
concerned citizens. It is common for CLTs to additionally work in
cooperation with local governments in meeting present and future
community needs. A growing number of public officials recognize that
CLTs can play an important role as stewards of community resources and
that property and funds allocated to a CLT can benefit not only present
community residents but future residents as well.

It is important to familiarize the groups and develop grassroots support.



Volusia Home Builders Association                                           12
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Solution C- Community Land Trusts (continued)

Also, contacting the Institute for Community Economics (ICE) can help
launch a CLT. They have developed the concept and legal documents that
serve as the template for most CLTs across the country. ICE has a technical
assistance program funded in part by the U.S. Department of Housing and
Urban Development, which assists communities attempting to launch new
land trusts. Their assistance helps walking the new CLT board through key
choices in developing CLT bylaws, a resale formula, and ground lease
appropriate to local conditions.

Financial Assistance for funding CLTs come from the 1992 Housing and
Community Development Act which makes specific provisions for CLT
funding under the federal HOME program (provides block grants to
municipalities and states to be used for affordable housing programs in their
jurisdictions.)

                               Features
According to the CLT model designed by the ICE, CLTs feature:

      1. Qualification for 501c3 status through the Internal Revenue Service.
      2. Nonprofits own the land and the individual homeowner owns the
         improvements on the land.
      3. Homeowners own the building through a renewable ground lease (usually
         99 years) that gives them the right to use the land.
      4. The lease gives the CLT a right to refusal and the resale price limited by
         a formula designed to give current owners some return on their
         investment while providing another lower-income household access to
         ownership otherwise known as perpetual affordability.
      5. The CLT plays a monitoring role with a continuing interest in the
         property and community in which it exists. The lease allows for CLTs to
         force repairs, cure defaults, and monitor resales.
      6. The CLT works in a defined geographic area like a neighborhood, city,
         and region, etc.
      7. CLTs have a tripartite government that is composed of equal number of
         seats for CLT homeowners, community members, and public
         stakeholders.
      8. CLTs focus on bringing new units into stewardship through expansionist
         acquisition.
      9. The development is flexible. Households can be mobile homes,
         apartments, cooperatives, condominiums, and single-family homes, which
         are the most common.

Volusia Home Builders Association                                               13
Workforce Housing Solutions Report
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Solution C- Community Land Trusts (continued)

                                   Strengths
Homeowner support: CLTs maintain a relationship with and often continue
to provide direct support to homeowners. The CLT often provides the
support for first time homeowners in order to keep the homeowners from
defaulting on their loans or letting their house fall into disrepair.
Additionally, when a CLT owner chooses to sell, the CLT frequently
identifies a buyer, educates the buyer about the requirements of the program
and manages the process of selling the unit.

Community Control: CLTs can be used as a tool to control homeownership
development. If a community experiences gentrification pressures, CLTs can
help stabilize these sorts of neighborhoods by taking significant numbers of
homes off the market, preserving them as permanently affordable.

Administrative Structure: A CLT that has a continuous paid staff can provide
support for permanently affordable units. CLTs charge a ground lease fee to
help pay for their administrative and support costs. This ongoing relationship
with buyers makes it likely that a CLT will be award of lease violations
when they do happen.

Enforcement: Because CLTs are the legal holders to title in the land they are
usually in a strong legal position to defend the affordability restrictions (as
well as other provisions in the ground lease requiring continued owner-
occupancy and maintenance of CLT units). Federal law provides very strong
protections for the owners of real property and in many cases is designed to
limit the ability of third parties to restrict the use of property. As the owner
of the land, a CLT has a very clear legal right to control what happens on
that land.




Volusia Home Builders Association                                             14
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Solution C- Community Land Trusts (continued)

                                  Weaknesses
Unfamiliar approach to ownership: Separation of land and buildings and
resale price limits are generally unfamiliar concepts to most people. CLTs
have to invest significant time and energy in educating potential
homebuyers, lenders, public officials, and other stakeholders, about how the
model works. One of the best ways to gain community acceptance and
cultivate a pool of potential CLT homebuyers is to involve a broad spectrum
of community members from the start and over a number of years.

Places like Albuquerque have used the organization of CLTs as a way to
provide the whole community with an education in how land trusts work, but
this process took several years.

Politics of Representation: While the open democratic structure of the
traditional CLT is the source of many of the mode’s strengths, it can also be
a significant challenge. Potential homeowners must be able to place their full
trust in the CLT organization if they are going to allow it to own the land
beneath their homes. A CLT cannot risk being perceived as controlled by
one group of people, one ethnic group, or one political block. Some
communities many conclude that the effort required to build and sustain
such support for a single nonprofit organization is too great.

Balancing Community Participation and Production: For the model to work,
a CLT needs to preserve enough resources for organizing an effectively
governed organization that achieves community participation goals, but must
develop enough housing to make a noticeable impact in the community.




Volusia Home Builders Association                                          15
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Solution C- Community Land Trusts (continued)

                                 Success
CLTs have flourished in more than 120 organizations in cities such as
Durham, North Carolina; Albuquerque, New Mexico; and Syracuse, New
York.

Communities choose CLTs for different reasons. Some communities are
concerned with absentee homeownership like low-income communities such
as west central Durham whose primary goal is to sustain owner-occupancy
and prevent absentee ownership. Other communities have rising property
values like Albuquerque and Burlington. The idea here is limiting resale
prices so homes will continue to be affordable.

Many CLTs have chosen to place a nonprofit or community facilities as well
as neighborhood-serving commercial properties on CLT land. In Burlington,
Vermont the CLT owns facilities for a food pantry, a legal office, and a
community technology center. It also provides office space for a number of
social services organizations. Here is another example:

                Northern California Land Trust-Berkley, CA
Northern California Land Trust (NCLT) started in 1973 and the organization
was initially established to hold title to a parcel of donated farmland in the
Central Valley. For more than 10 years, NCLT simply acted as a steward
over that parcel. Then, as the housing market in the San Francisco Bay Area
rapidly tightened, NCLT decided to expand its work and sought
opportunities to develop affordable housing. In 1988, it began acquiring
residential property in Berkeley for rehabilitation and every year since it has
acquired more properties. NCLT became a significant contributor to the
development of affordable housing in 1992 when it began receiving funding
from the City of Berkley. Since then, NCLT has acquired, rehabilitated, and
developed limited equity condominiums, and rental apartments. Many of its
first projects were small-scale (6to10 unit) limited equity housing
cooperatives. By owning the land under these small projects, NCLT is able
to provide additional support to these small organizations. To date, NCLT
has developed 84 units of housing for low or very low-income families.
Most of their projects are in Berkeley, but they also own properties in
Oakland, Richmond, and San Francisco.


Volusia Home Builders Association                                            16
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Solution C- Community Land Trusts (continued)

                              Sources
Permanently Affordable Home Ownership, a study by Rick Jacobus and
Amy Cohen
www.burlingtonassociates.com

The Institute for Community Economics
http://www.iceclt.org




Volusia Home Builders Association                                    17
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                               Appendix




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