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Ord 52-08
ORDINANCE NO. 52-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT I1:EGLiZATIONS, BY AMENDING ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.13, "CEN'T'RAL BUSINESS {CBD} DISTRICT", SUBSECTION {I}, " PERFORIITANCE STANDARDS"; TO PROVIDE ADDITIONAL OPPORTUNITIES REGARDING WORKFORCE HOUSING; ARTICLE 4.7, "FAMILYjWORK.FORCE HOUSING", SECTION 4.7, "FINDINGS" SUBSECTION (I}, TO PROVIDE REGULATIONS REGARDING INCREASED HEIGHT AND DENSI'T`Y; 4.7.1, "DEFINITIONS", TO PROVIDE A DEFINITION OF "WOR.TS.FORCE HOUSING TRUST FUND", 4.7.2, "APPLICABILITY", PARAGRAPHS 4.7.2 b. AND c. TO PROVIDE ADDITIONAL OPPORTUNITIES REGARDING WOR.T:FORCE HOUSING; 4.7.3, "PROVISION OF WORKFORCE HOUSING UNITS", TO ALLOW WORKFORCE HOUSING IN ADDITIONAL LOCATIONS; 4.7.4, "DENSITY BONUS PROGRAM FOR THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT, THE CARVER ESTATES OVERZ.AY DISTRICT AND THE INFILL WORKFORCE HOUSING AREA", PARAGRAPH e, TO PROVIDE FOR CONTRIBUTION TO THE DELRAY BEACH WORKFORCE HOUSING TRUST FUND; AND 4.7.6, "RENTAL HOUSING UNITS", TO PROVIDE CLARIFICATION REGARDING MODERATE INCOME REQUIREMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DA'I"E. WHER.T~AS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on October 20, 200$ and voted 7 to 0 to recornrnend 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 Com~nissian 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 goals, policies, and objectives of 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 Earth above are incorporated herein. Section 2. That Article 4.4, "Base Zoning District", Section 4.4,13, "Central Business (CBD) District", Subsection (I), "Performance Standards", of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as follows: (I) Perfarrnance Standards These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than thirty {30) dwelling units per acre in the Commercial Core or twelve {1 } units per acre in the West Atlantic Neighborhood. (1) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of Section 2.4.5(E), and other applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application far increased density where it is deternuned that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. All eligible developments d~ to use these performance standards shall provide twenty percent (24°l0) of the residential units above thirty (30} dwelling units per acre in the Commercial Core or twelve (12) units per acre in the West Atlantic Neighborhood as Workforce Housing units (fractions shall be rounded up). The workforce housing units shall be divided between low and moderate income levels ~-~- -rro~~re--~-~-Qfe Q~t~re ~'-r~ ~`~ '~~ ~ ~~'~ ~~~ '~ ~°'„ and shall comply with other applicable provisions of Article 4,7. The units shall be provided either onsite, offsite or through a monetary contribution ar as noted in LDR Section 4.7.2 c. Section 3. That Article 4.7, "FamilyJWorkforce Housing", Section 4.7, "Findings", Subsection (1), of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as follows: (I) The City Commission also desires to establish additional incentives to encourage additional Family/Workforce Housing, including but not limitted to recluixements to provide additional workforce housing far developments that request increases in height andlor density pursuant to Section 4.3,4~T}.(4}.(b) and 4,4.13~I}. Section 4. That Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions", ORD. NO.52-08 of the Land Development Regulations of the Code of Clydinances of the City of Delray Beach, Florida, be amended to correct a typographical error for Subsection p., "Southwest Neighborhood Overlay District", and to enact a definition of "Housing Trust Fund" as follows: p. Southwest Neighborhood Overlay Llistrict -The area zoned R.M between Interstate 9~ and ~~ S~ 1st Avenue, from Atlantic Avenue to S.W. 2n~ Street, except along S.W. 22ttt Avenue, where it extends south to S.W. 3=~ Street, as shown in the map below. u. Housing Trust Fund -The Housing Trust Fund is comprised of the City's State Housing Initiatives Partnership (SHIPI allocation and is administered by the Cit-~r of Delray $each Community Improvement Department. All monetary contributions in lieu of workforce housing units shall be deposited into the trust for the purpose of supplementing annual SHIP allocations. The interest received on any such investment shall be credited to the fund. The City shall administer the fund exclusively for the purpose of implernenting~ragrams described in the City's Local Housing Assistance Plan. Section 5. That Article 4.7, "FamilyjWarkfarce Housing", Section 4.7.2, "Applicability", Paragraphs 4.7.2 b. and c. of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as follows: Section 4.7.2 Applicability Except as otherwise provided in this ordinance, these regulations shall apply only to development applications consistent with the following conditions: b. Subject to the restrictions of this Article, developments constructed pursuant to Section 4.3.4{J}(4){b)i~-} must provide warkfarce housing to qualify far an increase in height. Developers may also meet this requirement bl~ providing the units onsite. providing iagk a monetary contribution, or delivery of offsite units ~~l~ie . A combination of these three options is permissible. For each required workforce housing unit, developers may make a payment of a sum equal to $1G0,000, payable to the Ci of Delray Beach ,Housing Trust Fund in lieu of providing the workforce housing unit widtin the development. C-ffsite units tray be located anywhere witliiri the City of Delray Beach. These units cannot be previously allocated as warkfarce housing units in another project. These units would be constructed at the time of the first vertical building~ermit issuance. If the project is built in phases, then the workforce units would be constructed in the same proportion and manner as the number of workforce units required far each phase. t}RD. Nd. 52-48 c. Subject to the restrictions of this Article, developments constructed pursuant to 4.4.13(I} must provide workforce housing to qualify for increased density. Develapers may frlsa meet this requixement tl~;lt by t~rT viding the units ansite. providing a monetary contribution, or delivery of offsite units . A combination of these three options is permissible. For each required workforce housing unit, developers may make a payment of a sum equal to $160,000, payable to the Ci of Delray Beach Housing Trust Fund, in lieu of providing the workforce housing unit within the development. C-ffsite units may be located anywhere within the City of De1ra~ Beach. These units cannot be previously allocated as workforce housing units in another proiect These units would be constructed at the time of the first vertical building petit issuance. If the project is built in phases, then the workforce units would be constructed in the same proportion and manner as the number of workforce units required far each phase. Section 6. That Article 4.7, "FamilyJWorkforce Housing", Section 4.7.3, "Provision of Workforce Housing Units", of the Land Development Regulations of the City of Delray $each, Florida, shall be amended to read as follows; Section 4.7.3 Provision of Warl€farce Housing Units Developers will be wed allowed additional density or height in exchange for providing, workforce housing units. subiect to the ].units and requirements of this chanter. Developers will be allowed additional density ,beyond the base number allowed per existing ~+--ertli~rr~ee Land Develo~+ment Regulations after erformance standards have been met. Develo ers will be allowed addition 1 hei ht under section 4.3.4tT~(41 , 't, .beyond 48' after the height requirements of Section 4.3.4fT~(41tb1 have been met. a. Develapers may earn beers-~~its additional density by building housing far very law, law or moderate income families within the designated boundaries of the tJverlay Districts and Infill Workforce Housing Area ar other appropriately zoned areas of theme described in this article. b. All development shall meet the requirements for units as specified in this chapter and meet all required Land Development Regulations. c. Workforce units shall include those units in a develaprnent, which are regulated in terms of i. Sales price or rent levels; and 4 ORD. N0.52-08 ii. Marketing and initial occupancy; and iii. Continued requirements pertaining to resale or rent increases, Section 7. That Article 4.7, "Family/Workforce Housing", Section 4.7.4, "Density Bonus Program for the Southwest Neighborhood Overlay District, the Carver Estates Overlay District and the Infill Workforce Housing Area", Paragraph e. of the Land Development Regulations of the City of Delray $each, Florida, shall be amended to read as follows: Section 4.7.4 Density Bonus Program for the Southwest l~teighborhood OverlaX District, the Carver Estates C3verlay District and the Infill Workforce Housing .Area e. Instead of or in addition to providing workforce housing units, developers may also accrue bonus units by contributing to the Ci of Delray Beach Housing Trust Fund that will be utilized to subsidize workforce housing in the City of Delray Beach. Developers may earn one bonus unit for each payment of a sum equal to $60,000, payable to the C~ of Delray Beach Housing Trust Fund Section 8. That Article 4.7, "FarnilyjWorkforce Housing", Section 4.7.6, "Rental Housing Units", Paragraph d, of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as follows: Section 4.7.G Rental Housing Units d. Units targeted to moderate income households at 81 °lo to the 120°lo affordability level of the Palm Beach County median income, adjusted fox family size, shall not have rental rates that exceed 140% of the HUD determined fair market a rent for the area. Section ~. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward 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 10. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 11. That this ordinance shall become effective immediately upon its passage on second and final reading. s ours. era. sa-~s PASSE AND ADOPTED in regular day of ~- , 2008. ATTEST City Clerk First Readin ~~ 3 ~~ Second Readin ~, ~~ session on second and final reading on this the ~~ ~~ MAYOR ORD. NO. 52-08 MEMORANDUM TO: Mayor'and City Commissioners FROM: David T. Harden, City Manager DATE: Noverriber 10, 2008 SUB7ECT: EN1}A ITEM 10. . -REGULAR COMMISSION MEETIN F NOVEMBER 18 20Q8 ORDII~A.NCE NO.52-08 {SECOND READINGISECOND PUBLIC_FIEARINGI ITEM BEF©RE CtJ11~IMISSIIJN This ordinance is before Commission for second reading and second public hearing amending the Land Development Regulations {LDR}, Section 4.4.13, "Central Business {CBD} District", Subsection {I}, "Performance Standards"; to provide additional options regarding Workforce Housing; Article 4.7, "Family/Workforce Housing", Section 4,7, "Findings", Subsection {I}, to provide regulations regarding increased height and density; Section 4.7.1, "Definitions", to provide a definition of "Workforce Housing Trust Fund"; Section 4.7,2, "Applicability", Paragraphs 4.7.2 B and C to provide additional options regarding workforce housing; Section 4.7.3, "Provision of Workforce Housing Units", to a11ow workforce housing in additional locations; Section 4.7.4, "Density Bonus Program for the Southwest Neighborhood Overlay District, the Carver Estates Overlay District and the Infill Workforce Housing ;Area", Paragraph E, to provide for contributions to the Delray Beach. ViTOrkforce Housing Trust Fund; and Section 4.7.6, "Rental Housing Units", to provide clarification regarding moderate income requirements BACI~+GROUND At the first reading on November 3, 2008, the Commission passed Ordinance No. 52-08, ~~ FrEC{~M1~I7ENDATIUN ; Recommend approval of Ordinance No. 52-08 an second and final reading. ~- MEMQ~~ANDTJM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Assistant Director Planning and Zoning - Paul Darling, AICP, Director Planning and Zoning THROUGId: City Manager DATE: October 29, 2008 SU$JECT: ~GINDA ITE1~1 10.D._- REGULAR COMiVi7SSION iyTEI+:TING Off' NOVEI~TSER 3,_2Q08 ORDIN,ANC~ N{). 52-08_(FIRST' 12~.~DING(FTRST I'USL1_C FEARING} ITEM_$EFORE_ COMMISSION Consideration of City and Privately-initiated amendments to the Land Development Regulations to allow for additional opportunities to satisfy workforce housing unit requirements including allowing units on-site, off-site, ar by monetary contributions, or a combination thereof. The amendment would also change the recipient of monetary contributions from the De]ray $each Land Trust to the Housing Trust Fund. BACKGRt~LIND The amendment expands the options available to satisfy workforce housing unit requirements by allowing units to be provided on-site, off-site, or though a monetary contribution to the Housing Trust Fund and extends this option to workforce housing units provided as a requirement for increases in deizsity or height. The ordinance allows the units to be built anywhere in the City. However, workforce housing units cannot be previously allocated in another project, must be constructed at the same time a vertical building permit is issued, and can be provided in a phased project if workforce housing units are constructed in the same proportion and manner as the number of workforce units required far each phase. The ordinance adds a definition of Housing Trust Fund. State Housing Initiatives Partnership (SHIP) allocation, lieu workforce housing units. The fund must be used described in the City's Local Housing Assistance Plan. This new fund will be comprised of the City's and will also include deposits of funds far in- for the purpose of implementing programs REVIEW BV OTHERS Tl~e text amendment was considered by the Planning and Zoning Board on October 20, 2008. The $oard unanimously recommended approval on a 6 to 0 vote, by adapting 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} ofthe Land Development Regulations. RECUMMENDATIOIV By motion, approve on first reading Ordinance No. 52-08 for a City and Privately-initiated arnendrnent to the Land Development Regulations as reflected in tl~e 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 N0.52-08 AN ORDINANCE OF TI-IE CITY COM[vIISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE Lt1ND DEVELOPMEI~TI' REGULATIONS, BY p~~NDING ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.413, "CENTRAL BUSINESS (CBD} DISTRICT", SUBSECTION {I}, PERFOI~:MANCE STANDARDS"; TO PROVIDE ADDITIONAL OPPORTUNITIES REGARDING WORKFORCE HOUSING; ARTICLE 4.7, "FAMILYIWOI~;KFORCE HOUSING", SECTION 4.7, "FINDINGS" SUBSECTION {I}, TO PROVIDE REGULATIONS REGARDING INCREASED :HEIGHT ~~TD DENSITY; SECTION 4.7. L, "DEFII~TITIONS", TO PROVIDE A DEFINITION OF "WORKFORCE HOUSING TRUST FUI\1D", SECTION 4.7.2, "APPLICABILITY", PARAGI~:APHS 4.7.2 b. AND c. TO PROVIDE ADDITIONAL OPPORTUNITIES REGARDING WORKFORCE HOUSING; SECTION 4.7.3, "PROVISION OF WORKFORCE HOUSING LMTS", TO ALLOW WORKFORCE HOUSING IN ADDITIONAL LCX~ATIONS; SECTION 4.7.4, "DENSITY BONUS PROGRAM FOR THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT, THE CARVER ESTATES OVERLAY DISTRICT AND THE INFILL WORKFORCE HOUSING ~~I~EA", PARAGr:APH e. TO PROVIDE FOR CONTRIBUTION TO THE DELRAY BEACT-I WOI;KFORC'E HOUSING TRUST FI:~*TD; AND SECTION 4.7.6, „RENTAL HOUSING UNITS", TO PROVIDE CLARIFICATION REGARDING MODEI<:ATE INCOZ~~ REQUIREMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER ~'L.AUSE, ~~I~TD ~~T EFFECTIVE DATE . WHEREAS, pursuant to LDR Section I.I.ta, the PIC~r~rrng and Zonu-~g Board re~riewed the proposed text ameridmerlt at a public hearing held on October 2©, 2008 and voted 7 to 0 to recommend tl-~at the changes be approved; and WHEREAS, pursuant to Florida Statute 1b3.3174{4)(c}, the Planz~irlg azld Zoning Board, sitting as the Local Planning Agen~y,l-~as determined that the change is consistent with and furthers the goals, objectives and policies of t11e Comprehensive Plan; and V-jI~ RE AS, the City Commission of the City crf Delray Beach adopts the findings in the Plarurting and Zoning Staff Report; and WHEREAS, the City Comrrussion of the City of Delray Beach finds the ordinance is consistent wit11 the goals, policies, and objectives of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMNICSSION OF THE CITY OF DELRAI' BEACH, FLORIDA, AS FOLLOWS: Section L That the recitations set forth above are incorporated herein Section 2. That Article 4.4, „Base Zoning District", Section 4.4.13, „Central Business {CBD) District", Subsection {I}, "Perforrr~~tce Standards", of tl~e Land Development Re;~alations of the City of Delray Beach, Florida, shall be amended to read as follows: {z} Performance Standards These standards shall apply to all applications for new development and modification of existing develaprnexlts U~ltich would result u~t a density greater than tltiity {30} dwellitg units per acre in the Corrux~ercial Core or twelve {12) units per acre in the West Atlantic Neighborhood {1) Tl~e maximum pen~nissible density of a particular project will. be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of Section 2.4.5{E }, and other applicable standards of the Comprehensive flan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is nit compatible in tenons of btulding rna<5s and intensity of use with surrounding development, All eligible developments dt~ to use these performance standards shall. provide twenty percent {20°~°} of the residential. units above thirty {30) dwelling units per acre in the Comrrlercial Care or twelve {12) units per acre in the West Atlantic Neighborhood as Workforce Housing Lnuts {fractions shall be rounded up). The wtarkforce housing emits sl-~all be divided bet<neen low and moderate income levels ° ;~~^,,,,,n '^zP^'^ and shall.. comply wide other applicable provisions of Article 4.7. The units s17a11 be provided either t?n5te, offsite or through a monetary contribution or as noted in LDR Section 4.7.2 c. Section. 3. .That Article 4.7, "Family/Workforce Housing" Section 4.7, „Findings" Subsection {I), of the Land Development Re~alations of the City of Delray Beach, Florida, slhall be amended to read as follows: {I) The City Comrriission also desires to establish additional incentives to encourage additional Family/Warkforce Housing, including but not limited to requirerrtents to provide additional wcarkEorce housing far developments that request increases in height and/or densitypursuant to Section 4.3.4(T~~(b) and 4.4.13fI~ Section 4. That Article 4.7, "Fa7milyjWorkfarce Housing", Section 4.7.1, "Definitions", of the Land Development Regulations of the Cade of Ordii~nnces of the City of Delray Beach, Florida, be amended to correct a typographical. error far Subsection p., "Southwest Neighborhood Overlay District", and. to enact a definition of "1-lousing Trust Fund" as follows: p. Southwest Neighborhood Qverlay District -The area zoned I2M betw~1 Interstate 95 and N S.W. 1St Avenue, from Atlantic Avenue to S.W. 2nd Street, except along S.W. 12th Avenue, where it extends south to S.W. 3rd Street, as shown in the map below or~n. ova. sa-os LL Housing Trust Fund -The Housing Trust Fund is comprised of the Citt~s State Flousing Initiatives Parh-~ershin {SHIP) allocation and is a~n~inistered by tl~te City of Delia Beach Communit;~ Izravement Deparkrnent. All monetary contributions in lieu of u~rkfarce Section 5. That Article 4.7, "FamilylWorkforce Housing", Section 4.7.2, "Applicability', Paragraphs 4.7.2 b. and c. of the Land. Development Regulations of the City of Delray Beach, Florida, shall be amended to read as f ollows: Section 4.7.2 A~pllcabilit~ Except as otherwise provided in this ordinance, these regulations sha11 apply only to development applications consistent with the following conditions: b. Subject to the restrictions of this Article, developments constructed pursuant to Section 4.3.4{j}{4}{b}id} must provide workforce housing to qu~ify for an increase in 1leight. Developers may aLsc> meet this requirement by providing the units onsite, t~roviding tlgl~ a monetary contn`bution, or delivery of offsite units A combination of these added options is r~enxrissible. For each required workforce housuZg unit, developers may n-rake a payment of a sum equal to $1b0,000, payable to the G•ty of Delray Beach , Ho~uzg Trust Frmd in lieu of providing the workforce hausirlg unit within the development. Offsite units may be located anywhere within the City of Delray Beach. These units cannot be previously allocated as workforce housing units ir1 another project. These units would be canstnrcted at the time of the first vertical building~errnit issuance. If the project is built in pl~~~s~ then the workforce units would be constructed in the same ,proportion and manner as the number of workforce units required for each phase. Subject to the restrictions of this Article, developments constructed pursuant to 4.4.13{I} must provide workforce housing to qualify far increased density. Developers may alse meet this requirement ugh by providing the units ansite, providing a monetary contribution, or delivery of affsite units Dewy-Beat=1~. A combination of dlese three aptior~s is permissible. Far each recluir~ed workforce housing unit, developers may rr~~ke a payment of a sum equal to X160,000, payable to the C.i~of Delray Beach 1-lousing Tnast Ftmd, in lieu of providing the workforce housing unit within the development. Offsite units may be located an~ within the City of Delray Beach These units cannot be previously allocated as workforce pausing units in another project. These units would be constructed at the time of the first vertical buildirrg permit issuance. If the~aroject is built in pl-iases, then the workforce units ORD. NC}. 52-08 wx~uld be constructed in the same nropOrtion atld mariner as the number of we~rkforce units required for each phase. Section 6. That Article 4.7, "FarnilyJWarkforce Housing", Section 4.7.3, "Provision of Workforce Housing Units", of the L,at~d Development Regulations of the City of Delray Beach, Florida, shall be amended to read as follow: Section 4.7.3 Provision of Workforce Housing Units Developers will be ~ allowed additional density additional density , bend the base number allowed per existing irk; erti}~e Land Develo~az~nent Regulations after x~erformance standards Have been met. Developers wi11 be allowed additional he~zt wider section 4.3.46)(4) 't, I.his-ktapter: be nd 48'_after file height requirements of Section 4.3.4(I~(4~{1?} have been met a. Developers may earn ~-remits additional density by building housi~-~g for very law, low cir macerate income families within. the designated boundaries of the Overlay Districts and Infill Workforce Housing Area oror other~propriately zoned areas of the described in this article. b. All development shall. meet tl~e requit~ements for wets as specified in this chapter and meet all requited Land Development Regulatiol~.s. c. Workforce units shall include those units in a development, which are n'gulated in terms of: Sales price or rent levels; and ii. Marketing and initial occupancy, and iii. Continued requit~tnents pertaining to resale or rea--t increases. Section 7. Tl1at Article 4.7, "FamilyltNorkforce Housing", Section 4.7.4, "Density Bonus Program for the Southwest Neighborhood Overlay District, the Carver Estates Overlay District and the Infill Workforce Housing Area", Paragraph e. of the Land Develo~'ment Regulations of the City of Delray Beach, Florida, shall. be amended to read as fallaw~s: Section 4.'1.4 Density Bonus Program for the Southwest Neighborhood Overlay District, the Carver Estates Overlay District and the Infilt Workforce Housing Area ORD. Nfl. 52-08 e. Instead of or in addition to providing workforce housing units, developers may also accnre bonus units by contributing to the Ci T of Delray Beach Plottsing Trust l~und that will be utilized to subsidize workforce housing u-t the City of Delray Beach Developers may eam one bonus unit for each payment of a sum equal to $b0,000, payable to the Ci of Delray Beach Housing Trust Ftu~d Ce-t~it~d ~, Section 8. That Article 4.7, "Farnily/Workforce 1-Iousin~', Section ~.7.b, „Rental Housing Units", Paragraph d of the Land Development Regulations of the City of Delray Beach, Florida, shall. be amended to mad as follows; Section 4.7.G Rental Housing Units d Units targeted to rrxr~ercrt~ ir~car7~ households at 81°la to the 120°la affordability Level of the Palm Beach County median income, adjusted for far~nily size, shall not have rental rates that exceed 140°1~ of the HUD determined fair market value rent for the area. Section 9. That should any section or provision of this ordinance or any pardon thereof, any paragraph, sentence, or word be declared by a court of competent j urisdiction to be invalid, such decision shall not affect the validity of the mznainder hemof as a whole or ~ themof other dean the part declamd to be invalid. Section 10. That all ordinances or parts of ordinances in conflict herewith be, and the same are hemby repealed Section 11. That this ordinance shall become effective immediately upon its passage on second and final wading. PASSED AND ADC}PTE D in regular session oil second and final wading on this the day of 2008. ATTEST City Clerk First Reading; Second Reading 1VIAYQR OR.D. NO. 52-0& PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: OCTOBER 20, 2008 AGENDA N0: IV. 4. AGENDA ITEM: CONSIDERATION OF BOTH PRIVATELY AND CITY-INITIATED AMENDMENTS TO LAND DEVELOPMENT REGI.ILATION5 {LDR}, SECTION 4.4.'13.1, CENTRAL BUSINESS DISTRICT, AND VARIOUS SECTIONS OF ARTICLE VII FAMILY/WORKFORCE HOUSING, TO ALLOW FOR ADDITIONAL OPPORTUNTIES TO SATISFY WORKFORCE HOUSING UNIT REQUIREMENTS, INCLUDING CONTRIBUTION INTO 'fHE HOUSING TRUST FUND, AND TO ALLOW PROVISION OF WORKFORCE HOUSING ONSITE, OFFSITE, OR BY MONETARY CONTRIBUTION, OR A COMBINATION THEREOF. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding bath privately and city-initiated amendments to Land Development Regulations ~LDRs) that expand the options for satisfying workforce housing unit requirements, and modify the recipient of funds paid "in lieu of from the Community Land Trust to the Housing Trust Fund. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. ANALYSIS Section 4.4.13.1 Performance Standards Specific to the Central Business District (arivate~v initiates Current regulations allow residential densities to exceed 30 du/ac in the Central Core and 12 dulac in the West Atlantic Neighborhood of the Central Business District {CBD) by conditional use. Twenty percent {20°l°} of the residential units above these densities must be provided as workforce housing units and be divided between low and moderate income levels, with no mare than 50°1° provided for moderate income levels. The amendment removes the 50°!° limit on units provided at moderate income levels, although still allows a mix between law and moderate income levels. The amendment also expands the options available to satisfy workforce housing unit requirements by allowing units to be provided on-site, off-site, or though a monetary contribution. Section 4.7 (A} through (J) Famil !workforce Housing Findings [City initiated! This section includes a series of findings made by the City Commission that set the foundation for the initial FamilyMtarkforee Housing regulations enacted on December 6, 2004. Current Finding "P' provides a general statement that the City Commission desires to establish additional incentives to encourage FamilylWarkfarce Housing units. Planning and Zoning Board Meeting, October 2fl, 2008 LDR Amendment -Expanded Options to Satisfy FamilyNVorkforce Housing Unit Requirements The ordinance expands upon Finding "1" to include the requirement for additional workforce housing for developments that request increases in height and/or density. Section 4.7,1 Various Definitions Related to Family/workforce Housing [city initiated This section includes a list of definitions related to the city's Family/workforce Housing regulations. The ordinance adds a new definition called Housing Trust Fund. This new fund will be comprised of the City's State Housing Initiatives Partnership {SHIP} allocation, and will also include deposits of funds for in-lieu workforce housing units. Interest earned stays in the fund. The fund must be used for the purpose of implementing programs described in the City's Local Housing Assistance Plan. Section 4.7.2 Specific Applicability of FamilvNVorkfarce Housing Reaulatians fPrivateiv initiated This .section provides specific parameters for providing Family/Workforce Housing regulations in specific situations. Two sections are amended by this ordinance: (b} increases in height, and (c} increases in densit Requests for both increases in height and density are currently included as incentives to provide FamilylWorkforce Housing. Current provisions allow far payment of a monetary contribution to satisfy the requirement in lieu of providing the actual physical unit. The ordinance expands the options for providing FamilyNVorkforce Housing units by adding that the required units may be provided an site or by delivery of .units off site. The ordinance further allows any combination of on site, off site or monetary contribution to satisfy FamilylVtlorkforce Housing unit requirements. The ordinance allows the units to be built anywhere in the City. FamilylWorkforce Housing units cannot be previously allocated in another project, must be constructed at the same time a vertical building permit is issued, and must be provided in the same proportion as the number of Familylworkforce Housing units when projects are phased. RIEQ~lIREI~ FINDINGS Comprehensive Plan Conformance CDR Section 2.4.5(IVI}(5} (Findings} requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following sections of the Comprehensive Plan are relevant to the proposed ordinance: Ob9ective B.7 The City's existing housing supply accommodates households having a wide range of economic ability. There is very little vacant land left, especially large tracts, for new housing development. Through its housing programs, the City shall work to ensure that there continues to be an adequate supply of housing to accommodate very low, low, and moderate income households, as well as manufactured and mobile homes. Objective B-2 Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. 2 Planning and Zoning Board Meeting, October 20, 2088 LDR Amendment -Expanded Options to Satisfy FamilyJWorkforce Housing Unit Requirements This amendment is consistent with the Comprehensive Plan as it continues the FamilylVllorkforee Housing Program in the City. It clarifies when additional workforce units must be provided as they correlate to increases in both height and residential density. It also provides additional options available for satisfying workforce unit requirements, and designates the Housing Trust Fund as a central depository that will be used exclusively to help the City implement programs described in the its Local Housing Assistance Plan. REVIEW BY OTHERS The proposed amendment was presented before the following boards with recommendations made as follows: ' The Community Redevelopment Agency {CRA) reviewed the proposal at their October t 6, 2008 meeting and recommended approval. The Downtown Development Authority (DDA} reviewed the proposal at their October 20, 2x08. The DDA recommendation will be conveyed to the Planning and Zoning Board at their meeting on October 20, 2008. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, amending Section 4.4.13.(1), Performance Standards in the Central Business District, and various sections of Article VII "Familylworkforce Housing," to provide additional options to satisfy workforce housing unit requirements, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M}. C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, amending Section 4.4.13.(1}, Performance Standards in the Central Business District, and various sections of Article VII "Familylworkforce Housing," to provide additional options to satisfy workforce housing unit requirements, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion fo be made in the affirmative). 3 Planning and Zoning Board IVleeting, October 20, 2008 LDR Amendment --Expanded Options to Satisfy FamilylWorkforce Housing Unit Requirements RECOMMENDED ACTIC3N Recommend approval of the amendment to Land Development Regulations, amending Section 4.4.13.(11, Performance Standards in the Central Business District, and various sections of Article VII "Family/workforce Housing," to provide additional options to satisfy workforce housing unit requirements, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4:5~M}. attachment: ^ proposed ordinance 4 N a`~ 0 0 T R 0 3 a" z m R 41 e ~, m REGULATIONS TO UPDATE THE WORKFORCE HOUSING REGULATIONS REGARDING HEIGHT INCREASES The Gity Commission of the Gity o(Delray Beach, Florida, proposes to adopt the following ordinances: a_.~o)r~,a. Ho. s AN ORDINANCE OF THE CITY COMMISSION 4F THE CITY GF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULA- TIONS CF THE CODE' OF ORDINANCES, BY AMENDING SECTION 4,3.4, "BASE DISTRICT DEVELOPTr1ENT STANDARDS", SUBSECTION (J}, "HEIGHT", PARAGRAPH (4), °INCREASES TO HEIGHT REGULA• TIONS", SUBPARAGRAPHS (b} (ii), {iii) AND {iv), "ALLOWANCES`; TO UPDATE THE WORKFORCE HOUSING REGULATIONS REGARDING HEIGHT INCREASES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. CITY {~F DELRAY BEACH NOTICE OF~nPROPOSED AMENDMENT TO THE LAND DE1lELOPMENT REGULATIONS REGARDING WORKFORCE HOUSING REGULATIONS ORDINANCE N0, 52.48 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULA- TIONS, BY AMENDING ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4,4.13, °CENTRAL BUSINESS (CBD) DISTRICT", SUBSEC- TION (I}, "PERFORMANCE STANDARDS"; TO PROVIDE ADDITIONAL OPPORTUNITIES REGARDING WORKFORCE HOUSING; ARTICLE 4.7, `FAMILYI4VORKFORCEHOUSlNG", SECTION 4,7, "FINDINGS" SUBSEG TION (I), TO PROVIDE REGULATIONS REGARDING INCREASED HEIGHT AND DENSITY 4,7.1, `DEFINITIONS", TO PROVIDE A DEFINI- TION OF "WORKFORCE HOUSING TRUST FUND", 4.7.2, "APPLiCAB1L- ITY°, PARAGRAPHS 4.7.2 b. AND c. TO PROVIDE ADDIT1gNAL OPPOR• TUNITIES REGARDING WORKFORCE HOUSING; 4.7.3, "PROVISION OF WORKFORCE HOUSING UNITS", TO ALLOW WORKFORCE HOUSING IN ADDITIONAL LOCATIONS; 4.7.4, "DENSITY BONUS PROGRAM FOR THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT, THE CARVER ESTATES OVERLAY DISTRICT AND THE INFILL WORKFORCE HOUSING AREA", PARAGRAPH e. TO PROVIDE FOR CONTRIBUTION TO THE DELRAY BEACH WORKFORCE HOUSING TRUST FUND; AND 4.7,fi, °RENTAL HOUSING UNITS", TO PROVIDE CLARIFICATION REGARDING MODERATE INCOME REOUIREMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Tha City Commission wit} conduct two {2) Public Hearings forthe purpose at accepting public testimony regarding the proposed ordinance. The first Public Hearing will beheld an MONDAY. NOVEMBER 3.2008 AT 7:06 P.M. in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the proposed ordinance is passed on first reading, a second Public Hearing will be held an TUtcSDAY. NOVEMBER 18.2068 AT T•QO P.M. (or at any continuation of such mee#ing whictr is set by the Commission) in the Commission Chambers at City Ha6, 160 N.W. 1st. Avenue, Delray Beach, Florida. All interested citizens are incited to attend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date ofthese hearings to the Planning and Zoning Department . Forfurther infomration or to obtain a copy atthe proposed ordinance, please contact the Running and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. jemail at pzmall(gmydelraybaach.cam) ar by calling 581Yt43.7040), between the hours of 8:00 a.m, and 5:00 p.m., Monday through Friday, excluding holidays. Please be advised that if a person decides to appeal any decision made by the Gity 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