Ord 25-08~ ,.
ORDINANCE N0.25-08
'1
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.7.8, "RESALE AND SUBSEQUENT
RENTALS OF AFFORDABLE UNITS" TO EXPAND THE
CIRCUMSTANCES IN WHICH TITLE MAY BE TRANSFERRED
WITHOUT RESTRICTION; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Boazd reviewed the
proposed text amendment at a public hearing held on May 19, 2008 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above aze incorporated herein.
Section 2. That Section 4.7.8, "Resale and Subsequent Rentals of Affordable Units", of
the Land Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:
Section 4 7 8 "Resale and Subsequent Rentals of Affordable Units".
To maintain the availability of workforce housing units which may be constructed pursuant to the
requirements of this program, the following iesale conditions shall be imposed on the workforce housing
units and included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach
County:
a. All workforce housing units shall remain affordable for a period of
not less than forty (40) years commencing from the date of initial
occupancy of the unit.
b. All workforce housing units must be rented or sold to eligible
households. There shall be no provisions for releases from the sale
or rental of workforce units to eligible households. Workforce
housing units may be resold to non-eligible households only when
the restriction expires.
c. Deed restrictions or restrictive covenants and/or bylaws designed to
ensure continued affordability shall be embodied in legally binding
agreements which shall be approved by the City Attorney prior to
recording.
d. Workforce housing unit resales shall be limited to households of the
same category relative to income.
e. The sales price of workforce housing units may not exceed the upper
limit of affordability for the income category to which the unit was
originally assigned.
f. Transfers of title under the following circumstances shall be
allowed, and are not subject to the restrictions included in this
program:
is Transfers '
ef€spri~g,~on death of owner:
. g~seedi~g,-er
g. No resales of workforce housing units shall be completed until the
requirements of this chapter aze met.
Section 3. That should any section or provision of this ordinance or any portion thereof,
2 ORD. NO. 25-08
/ \
any pazagraph, sentence, or word be declazed by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declazed to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same aze hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regulaz session on second and final reading on this the 17`n
day of June, 2008.
~.~~ ~~
ATTEST:
MAYOR
p.~o1. ~ .
Acting Deputy City Clerk
First Reading ~ 3 ~$
Second Readin (D ~"'I 0
3 ORD. NO. 25-08
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: June 10, 2008
SUBJECT: AGENDA ITEM IO.D. -REGULAR COMMISSION MEETING OF JUNE 17, 2008
ORDINANCE NO. 25-2008 (SECOND READING/SECOND PUBLIC HEARING)
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading and second public hearing for a City initiated
amendment to the Land Development Regulations (LDR) amending Section 4.7.8, "Resale and
Subsequent Rentals of Affordable Units", to expand the circumstances in which title may be transferred
without restriction.
BACKGROUND
At the first reading on June 3, 2008, the Commission passed Ordinance No. 25-08.
RECOMMENDAT_ION
Recommend approval of Ordinance No. 25-08 on second and final reading.
ORDINANCE NO.25-08
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.7.8, "RESALE AND SUBSEQUENT
RENTALS OF AFFORDABLE UNITS" TO EXPAND THE
CIRCUMSTANCES 1N WHICH TITLE MAY BE TRANSFERRED
WITHOUT RESTRICTION; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on May 19, 2008 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute I63.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.7.8, "Resale and Subsequent Rentals of Affordable Units", of
the Land Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:
Section 4.7.8, "Resale and Subsequent Rentals of Affordable Units".
To maintain the availability of workforce housing units which may be constructed pursuant to the
requirements of this program, the following resale conditions shall be imposed on the workforce housing
units and included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach
County:
a. All workforce housing units shall remain affordable for a period of
not less than forty (40) years commencing from the date of initial
occupancy of the unit.
b. All workforce housing units must be rented or sold to eligible
households. There shall be no provisions for releases from the sale
or rental of workforce units to eligible households. Workforce
housing units may be resold to non-eligible households only when
the restriction expires.
c. Deed restrictions or restrictive covenants and/or bylaws designed to
ensure continued affordability shall be embodied in legally binding
agreements which shall be approved by the City Attorney prior to
recording.
d. Workforce housing unit resales shall be limited to households of the
same category relative to income.
e. The sales price of workforce housing units may not exceed the upper
limit of affordability for the income category to which the unit was
originally assigned.
f. Transfers of title under the following circumstances shall be
allowed, and are not subject to the restrictions included in this
program:
t Transfers w..:..~.o_:r......e .,. ao .. _..~,....e« ,. ,~ ~.
e€#spriHg; upon death of owner,
I~i- T F Fr:N., r,... .... «r ,.F .. ,J:..,.«..e .~I:......L,r;..«
oa'
prvcccvm-~or
}H. A ..F •:.l~or-inc"r°crc°ii~'ircic°m~irconJunct: ::: :~::.1:
~~
g. No resales of workforce housing units shall be completed until the
requirements of this chapter are met.
Section 3. That should any section or provision of this ordinance or any portion thereof,
2 ORD. NO.25-08
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2008.
ATTEST
City Clerk
First Reading
Second Reading
MAYOR
3 ORD. NO.25-08
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Mark McDonnell, AICP, Assistant Director of Planning and Zoning
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH: David T. Harden, City Manager
DATE: May 27, 2008
SUBJECT: AGENDA TTEM 10 D -REGULAR COMMISSION MEETING OF NNE 3 2008
ORDINANCE N0.25-05 (FIItST READING/FIRST PUBLIC HEARING)
ITEM BEFORE COMMISSION
Consideration of aCity-initiated amendment to the Land Development Regulations to expand the
circumstances in which affordable units maybe transferred without restriction.
The proposed LDR text amendment expands the circumstances under which transfer of title to
affordable units is allowed under LDR Article 4.7, Family/Workforce Housine. The amendment
simplifies language allowing transfer when the owner of a unit dies and removes references to spouses,
offspring, or divorce.
REVIEW BY OTHERS
The text amendment was considered by the Planning and Zoning Board on May 19, 2008. The Board
unanimously recommended approval on a 7 to 0 vote, by adopting the fmdings of fact and law
contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan
and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 25-08 for aCity-initiated amendment to the Land
Development Regulations as reflected in the attached ordinance, by adopting the findings of fact and
law contained in the staff report and finding that the amendment is consistent with the Comprehensive
Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
ORDINANCE NO. 25-08
AN ORDINANCE OF THE CTI'Y COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.7.8, "RESALE AND SUBSEQUENT
RENTALS OF AFFORDABLE UNITS" TO EXPAND THE
CIRCUMSTANCES IN WHICH TITLE MAY BE TRANSFERRED
WITHOUT RESTRICTION; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on May 19, 2008 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.7.8, "Resale and Subsequent Rentals of Affordable Units", of
the Land Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:
Section 4.7.8. "Resale and Subsequent Rentals of Affordable Units".
To maintain the availability of workforce housing units which may be constructed pursuant to the
requirements of this program, the following resale conditions shall be imposed on the workforce housing
units and included in the deed or restrictive covenant and recorded in the Pubic Records of Palm Beach
County:
a. All workforce housing units shall remain affordable for a period of
not less than forty (40) yeazs commencing from the date of initial
occupancy of the unit.
b. All workforce housing units must be rented or sold to eligible
households. There shall be no provisions for releases from the sale
or rental of workforce units to eligible households. Workforce
housing units may be resold to non-eligible households only when
the restriction expires.
c. Deed restrictions or restrictive covenants and/or bylaws designed to
ensure continued affordability shall be embodied in legally binding
agreements which shall be approved by the City Attorney prior to
recording.
d. Workforce housing unit resales shall be limited to households of the
same category relative to income.
e. The sales price of workforce housing units may not exceed the upper
limit of affordability for the income category to which the unit was
originally assigned.
f. Transfers of title under the following circumstances shall be
allowed, and are not subject to the restrictions included in this
program:
Transfers '
ef€sgFiHg; upon death of owner;,
H. T~......C ... ,.C ~:N.. a.... ....tea ..C ...1:..,.~..e A:......L.t;....
~~
g. No resales of workforce housing units shall be completed until the
requirements of this chapter aze met.
Section 3. That should any section or provision of this ordinance or any portion thereof,
ORD. N0.25-08
any paragraph, sentence, or word be declazed by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declazed to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same aze hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regulaz session on second and final reading on this the
day of , 200_
ATTEST
City Clerk
First Reading
Second Reading
MAYOR
3 ORD. N0.25-08
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS TO
EXPAND THE CIRCUMSTANCES IN
WHICH TITLE, TO AFFORDABLE
UNITS, MAYBE TRANSFERRED
WITHOUT RESTRICTION
The City Comrtassion of the City of Delray B~di, Fbrkla, Proposes to adopt
the fo1101Nng OrdXlaM:e:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AbENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION
4.7.8, 'RESALE AND SUBSEQUENT RENTALS OF AFFORDABLE UNITS'
TO EXPAND THE CIRCUMSTANCES IN WHICH TITLE MAY BE
TRANSFERRED WITHOUT RESTRICTION; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The city Commission win conduct two (2) Public Hearings for the {wrpose of
acce~ng Public testimony regarding Me proposed ordinance. The first Publc
Hearing was heW on TUESDAY. JUNE 3. 2008 AT 7:00 PJN. in the
Commisson Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. The proposed ordinance H passed on first reading, a second Publc
Hearirg vrill be held on TUESDAY. JUNE 17. 2008 AT 7:00 P.M. (a at any
conbnua0on of such mee8ng which L5 set by the Commission} in the
Commisson Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beads,
Fbrida.
All IMarested d8zens one invked to a0end the prbnc hearings and comment
upon Die proposed ordina~e a submit their canmeMS in wri8ng on a Defeo
the date d these hearings to the Planning and Zoning DepaM~M. Fa
further Information a to obtain a copy of the proposed ordnance, please
carfact die Planning and Zoning DepaMrent, City Ha11,100 N.W. 1st Avenue,
Delray Beach, Fbrida 33444 (email at pzman~myddraybeach.can} a by
calling ~i1243.7040},between the twurs ot8:00 a.m, and 5:00 p.m., Monday
through Friday, ezcludirg holidays.
Please be wised ihat'rf a person decides to appeal any derision made by
the City Commission vrnh respect to any master considered at ffrese hearrgs,
such person may neat to ensure that a verbafirn record includes the
testriairy and evidence upon whidi the appeal is to be based. The City does
not provide na prepa2 such record pursuant to F.S. 286.0105.
CITY OF DELRAY BEACH
CheveBe D. Nubin, CMC
~h
PUBLISH: Friday, May 23, 2006
Tuesday, June 10,2008
Boca RatailDelray Beach News
CC `, ~.cwt~(G~a-~
CITY OF DELRAY BEACH
NOTICE OF PROPOSED .
AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS TO
EXPAND THE CIRCUMSTANCES IN
WHICH TITLE, TO AFFORDABLE
UNITS, MAY BE TRANSFERRED
a
`" WITHOUT RESTRICTION
The Ciry Commission of the City of Delray Beach, Forida, proposes to adopt
~ the follovring ordinance:
0
0
`~
ORDINANCE N0.25.OS
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
ULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION
a REG
"RESALE AND SUBSEQUENT RENTALS OF AFFORDABLE. UNITS"
7.8
4
3 ,
.
TO EXPAND THE CIRCUMSTANCES IN WHICH TITLE MAY BE
TRANSFERRED WITHOUT RESTRICTION; PROVIDING A SAVING
a CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The Ciry Commission will conduct two (2) Public Hearings for the purpose of
3 accepting public testimony regarding the proposed ordinance. The first Public
z Headng was held on TUESDAY JUNE 32008 AT 7:00 PM. in the
Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
m Florida. The proposed ordinance is passed on first reading, a second Public
Hearing will be held on TuFSDAY JUNE 17 2008 AT 7:00 P.M. (or at any
e continuation of such meeting which is set by the Commission) in the
ach
B
l
D
o ,
e
ray
e
Commission Chambers at City Hall, 100 N.W. 1st Avenue,
Florida.
m° All interested citizens are invited to attend the public hearings and comment
E upon the proposed ordinance or submittheircomments inwriting on orbefore
° the date of these hearings to the Planning and Zoning Department. For
v further informafion or to obtain a copy of the proposed ordinance, please
contact the Planning and Zoning Department, City Ha11,100 N.W.1stAvenue,
a Delray Beach, Florida 33444 (email at pzmail@mydelraybeach.com) or by
calling 5611243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, excluding holidays.
Please be advised that N a person decides to appeal any decision made by
the City Commission with respect to any matter considered at these hearings,
such person may need to ensure that a verbatim record includes the
testimony and evidence upon which the appeal is to be based. The City does
not provide nor prepare such record pursuant to F.S. 286.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
City Clerk
PUBLISH: Friday, May 23, 2008
Tuesday, June 10, 2008
Boca RatonlDelray Beach News