Ord 02-09ORDINANCE NO. 02-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.7,
"FAMILY/WORKFORCE HOUSING", SUBSECTION 4.7.9,
"GENERAL PROVISIONS, BY ENACTING A NEW SUBSECTION
"O" TO ALLOW NON-ELIGIBLE OCCUPANTS TO OCCUPY
WORKFORCE HOUSING UNITS UNDER CERTAIN
CONDITIONS, 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 December 8, 2008 and voted seven to zero 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 deternuned that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the Ciry 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, "Family/Workforce Housing", subsection 4.7.9, "General
Provisions", of the Land Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended by amending Section 4.7.9, "General Provisions",
by adding subsection "o", to read as follows:
Section 4.7.9 General Provisions
a. If not located offsite, all workforce housing units constructed or rehabilitated under this
program shall be situated within the development so as not to be in less desirable locations than
market-rate units in the development and shall, on average, be no less accessible to public
amenities, such as open space, as the market-rate units.
b. Workforce housing units, if located within a market rate unit development or located offsite,
shall be integrated with the rest of the development and shall be compatible in exterior design,
appearance, construction, and quality of materials and contain comparable HVAC systems and
appliances with market rate units and provide them as standard features. All workforce housing
units shall contain comparable square footage to the corresponding market-rate unit.
The developer shall endeavor to provide workforce housing units that include unit types in the
same proportion as the market rate housing unit types. The following conditions must be met:
i. The proportion of 1 bedroom workforce units to total workforce units may not exceed the
proportion of 1 bedroom market rate units to total market rate units.
ii. The proportion of 2 bedroom workforce units to total workforce units may not exceed the
proportion of 2 bedroom market rate units to total market rate units.
iii. The proportion of 3 bedroom workforce units to total workforce units must meet or
exceed the proportion of 3 bedroom market rate units to total market rate units, unless 4+
bedroom workforce units are provided.
iv. The proportion of 4+ bedroom workforce units to total workforce units must meet or
exceed the proportion of 4+ bedroom market rate units to total market rate units.
v. If the development contains a mix of different types of units, (e.g. condominium,
townhouse, detached, etc), the proportion of workforce units of each type to total
workforce units must be approximately the same as the proportion of market rate units of
each type to total market rate units.
vi. If the development includes both for sale and for rent units, the proportion of for rent
workforce units to for sale workforce units must not exceed the proportion of for rent
market rate units to for sale market rate units; provided however if the workforce housing
units are funded under Florida Housing Finance Corporation's Housing Credit or SAIL
Programs, the proportionality requirement herein stated shall not apply if the development
provides at least twenty percent (20%) of the "for sale" units as workforce housing units.
vii. Notwithstanding Section 4.7.9 c. i., ii., iii., iv. and v. above, in the Southwest 10~h Street
Overlay District at least 75% of the workforce housing units shall be 3 bedroom units
offered for initial sale in an amount not to exceed $225,000.00 and 25% of the workforce
housing units may be 2 bedroom units offered at the low income affordability rate.
ORD. NO. 02-09
d. The construction schedule for workforce housing units shall be consistent with or precede the
construction of market rate units.
e. There shall be no lot premiums charged on the workforce housing units.
f. All fractional bonus densities shall be rounded down.
g. The City of Delray Beach, its successors and assigns may enforce the covenants. No
amendments to the covenants shall be made unless by written instrument approved by the Ciry.
h. No efficiency or studio type units shall be allowed under the family/workforce housing
program.
i. The total number of one bedroom units in any qualifying project shall not exceed 30% of the
total number of units in the project, including both family/workforce units and market rate
units.
Workforce Housing Units constructed according to this policy shall be protected for
subsequent resale or rental to Workforce Households whose income does not exceed the
applicable AMI by deed restrictions or by other equivalent and effective methods. Conversions
of rental units to owner occupied units or vice versa shall require the subsequent rental or sale
to be for the same workforce housing income category.
k. Workforce Housing Units constructed according to this policy shall only be rented or sold as a
primary residence.
A deed restriction on a form acceptable to the Ciry Attorney shall be recorded in the Public
Records of Palm Beach County. In addition to other restrictions therein contained, said deed
restriction shall prohibit any subletting or assignment of the respective Workforce Housing
Unit to a tenant(s) or purchaser(s) whose income exceeds the percent of the AMI under which
the unit is originally approved. For the purpose of this section, household income is
determined by the cumulative income of all tenants or purchasers under one roof. In addition,
said deed restriction shall limit the maximum permitted resale price to the initial sale price of
the Workforce Housing Units, increased at the same rate as the Palm Beach County median
income has increased from the initial date of purchase. Prior to the closing on any sale, resale
or prior to any rental of any workforce housing unit, the City shall be notified of the sale, resale
or rental.
m. For both sale and rental of Workforce Housing Units, affordability and occupancy restrictions
shall remain in effect for 40 years and shall apply to any replacement structure or structures
constructed if a structure containing a Workforce Housing Unit or Units is demolished or
destroyed, provided that if demolition or destruction of a structure containing Workforce
ORD. NO. 02-09
Housing Units occurs 35 years after recording of the restrictions and said demolition or
destruction was unintentional, restrictions on the units in the structure shall terminate on
demolition or destruction.
n. Nothing requires a workforce household to vacate a rental workforce housing unit or sell a
workforce housing unit if the tenant(s) or purchaser(s) income later exceeds AMI.
o. Workforce housing rental units shall be marketed continuously as workforce
housing units In the unlikely event that notwithstanding the marketing efforts
outlined in a specific Covenant ~reement, the total number of occupied
workforce housing units does not equal the required 25% and ~ as to worl~orce
units which have remained vacant for 45 days or more due to a lack of Eligible
Occupants, those units maybe rented to non-eligible occupants at market rents:
provided that the Developer shall nay to the Delray Beach Housing Trust Fund
DDBHTF) at the end of each calendar near any rents actually received from the
non-eligible occupants of the workforce units for that year in excess of the rents
that would have been received from Eligible Occupants for such workforce units
based on workforce rents at the time of the signing of the lease j"Excess Rental
Payment") Excess Rental Payments shall accrue only for periods in which the
required 25% is not satisfied No later than 20 days following the end of the
month, the Devel~er shall provide the DBHTF with a monthly statement
highlighting those units which require Excess Rental Payments No later than 30
days following the end of the year the Developer shall~rovide the DBHTF with
an annual statement and shall submit the amounts due to the DBHTF within
thirty_(30) days following written notice from the DBHTF ofits approval of each
annual statement The workforce units rented to non-eligible occupants will be
considered Workforce HOUSInP Units for the~utposes of compl 1~'ng with this
Ordinance but only until the next vacant unit is rented to an eligible candidate.
at which time the non-edible unit will cease to be considered a Workforce
Housing Unit If less than 25% of the total units are occupied with workforce
eligible occupants, then each subsequent vacant unit shall be marketed to
workforce eligible a~phrants pursuant to an approved marketing and advertisine
plan until all required workforce units are rented to eligible occupants.
Section 3. That should any section or provision of this ordinance or any portion thereof,
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.
ORD. NO. 02-09
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading. ~~1
S ED AND ADOPTED in regular session on second and final reading on this the 3
day of ,~_, 200.
~~ ~~
MAYOR
Attest:
~. \v~
City Clerk
First Readin \' ~~
Second Readin
ORD. NO. 02-09
MEMORANDUM
TO: Mayor and City Commissioners
FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING
PAUL_DORLING, AICP, DIRECTOR PLANNING AND ZONING
THROUGH: CITY MANAGER
DATE: January 28, 2009
SUBJECT: AGENDA ITEM 10 A -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009
ORDINANCE N0.02-09
ITEM BEFORE COMMISSION
Consideration of aprivately-initiated amendment to the land development regulations to allow non-
eligible applicants to occupy workforce housing units under certain conditions.
BACKGROUND
This ordinance was approved at first reading at the January 20, 2009 Commission meeting. The
Commission supported a revision that was recommended by the Planning and Zoning Board to
require that when non-eligible candidates rent workforce units, such units become non-workforce, and
future vacant units change from non-workforce to workforce units, with a maximum of 25% being
maintained as workforce. Staff added language for clarification to ensure that if less than 25% of the
total units are occupied by workforce eligible occupants, then each subsequent vacant unit must be
marketed to workforce candidates until all required workforce units are rented to eligible occupants.
REVIEW BY OTHERS
The text amendment, was considered by the Planning and Zoning Board on December 8, 2008. The
Board unanimously recommended approval on a 7 to 0 vote, 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. This
recommendation was made with the condition that Paragraph (o) be modified as discussed above.
RECOMMENDATION
By motion, recommend approval on second reading Ordinance No. 02-09 for aprivately-initiated
amendment to the Land Development Regulations, by adopting the findings of fact and law contained in
the staff report and f nding 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.
MEMORANDUM
TO: Mayor and City Commissioners
FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING
PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING
THROUGH: CITY MANAGER
DATE: January 15, 2009
SUBJECT: AGENDA ITEM 10 B -REGULAR COMMISSION MEETING OF JANUARY 20.2009
ORDINANCE NO.02-09
ITEM BEFORE COMMISSION
Consideration of aprivately-initiated amendment to the land development regulations to allow non-
eligible applicants to occupy workforce housing units under certain conditions.
BACKGROUND
Depending upon the geographic location in the City, current provisions of the City's Family/Workforce
Housing regulations require either 20 or 25% of units to be designated as .workforce housing when such
housing is a requirement for a development. The 20 and 25% requirements apply to both owned and
rented units. To prevent workforce housing rental units from remaining vacant due to the inability to
find eligible applicants, this ordinance introduces some flexibility. Following are the main points of this
new provision:
*The required Workforce Housing units must be continuously marketed as Workforce Housing units.
*A Workforce Housing unit that has remained continuously vacant for 45 days may, as an option, be
rented to anon-eligible applicant.
*The rental rate must be the market rate, with the difference between the workforce rate and the market
rate being deposited with the City into the Delray Beach Housing Trust Fund.
Previous versions of this ordinance contained an absolute minimum of 15% that would always be
available for workforce housing eligible candidates. However, this version of the ordinance does not set
a minimum occupancy level by workforce housing income level candidates. This would allow a
developer to buy out of their workforce obligation each and every year. While the applicant will argue a
minimum threshold is problematic for this project (Historic Depot Square) due to funding issues, it is
important to note that this amendment is not project specific and would apply to all City workforce
housing projects.
REVIEW BY OTHERS
The text amendment was considered by the Planning and Zoning Board on December 8, 2008. The
Board unanimously recommended approval on a 7 to 0 vote, 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. This
recommendation was made with the condition that Paragraph 4.7.9 0. be modified so that a workforce
unit rented to anon-eligible occupant will be counted as anon-workforce housing unit during the
duration of the rental terms at any time when any other units become vacant. The vacant unit then
becomes a workforce housing unit, so long as it does not exceed the 25%. It is noted that the current
ordinance does not contain this modification. Therefore, staff is recommending the attached ordinance
be modified to include a minimum of 15% workforce unit occupancy by eligible candidates and
modifications as recommended by the Planning and Zoning Board.
RECOMMENDATION
By motion, approve Ordinance No. 02-09 on first reading for aprivately-initiated amendment to the
Land Development Regulations, 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 if the following modifications are made:
1. Provide a minimum of 15% for occupancy by workforce housing income level candidates.
2. Provide language to require that when non-eligible candidates rent workforce units, such units
become non-workforce, and future vacant units change from non-workforce to workforce units, with a
maximum of 25% being maintained as workforce.
ORDINANCE NO. 02-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.7,
"FAMILY/WORKFORCE HOUSING", SUBSECTION 4.7.9,
"GENERAL PROVISIONS, BY ENACTING A NEW SUBSECTION
"O" TO ALLOW NON-ELIGIBLE OCCUPANTS TO OCCUPY
WORKFORCE HOUSING UNITS UNDER CERTAIN
CONDITIONS, 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 December 8, 2008
and voted seven to zero 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, "Family/Workforce Housing", subsection 4.7.9,
"General Provisions", of the Land Development Regulations of the Code of Ordinances
of the City of Delray Beach, Florida, be and the same is hereby amended by amending
Section 4.7.9, "General Provisions", by adding subsection "o", to read as follows:
Section 4.7.9 General Provisions
a. If not located offsite, all workforce housing units constructed or rehabilitated under
this program shall be situated within the development so as not to be in less
desirable locations than market-rate units in~ the development and shall, on
average, be no less accessible to public amenities, such as open space, as the
market-rate units.
b. Workforce housing units, if located within a market rate unit development or located
offsite, shall be integrated with the rest of the development and shall be compatible
in exterior design, appearance, construction, and quality of materials and contain
comparable HVAC systems and appliances with market rate units and provide them
as standard features. All workforce housing units shall contain comparable square
footage to the corresponding market-rate unit.
c. The developer shall endeavor to provide workforce housing units that include unit
types in the same proportion as the market rate housing unit types. The following
conditions must be met:
i. The proportion of 1 bedroom workforce units to total workforce units may not
exceed the proportion of 1 bedroom market rate units to total market rate units.
ii. The proportion of 2 bedroom workforce units to total workforce units may not
exceed the proportion of 2 bedroom market rate units to total market rate units.
iii. The proportion of 3 bedroom workforce units to total workforce units must meet
or exceed the proportion of 3 bedroom market rate units to total market rate
units, unless 4+ bedroom workforce units are provided.
iv. The proportion of 4+ bedroom workforce units to total workforce units must
meet or exceed the proportion of 4+ bedroom market rate units to total market
rate units.
v. If the development contains a mix of different types of units, (e.g. condominium,
townhouse, detached, etc), the proportion of workforce units of each type to
total workforce units must be approximately the same as the proportion of
market rate units of each type to total market rate units.
vi. If the development includes both for sale and for rent units, the proportion of for
rent workforce units .to for sale workforce units must not exceed the proportion
ORD. NO. 02-09
of for rent market rate units to for sale market rate units; provided however if
the workforce housing units are funded under Florida Housing Finance
Corporation's Housing Credit or SAIL Programs, the proportionality requirement
herein stated shall not apply if the development provides at least twenty percent
(20%) of the "for sale" units as workforce housing units.
vii. Notwithstanding Section 4.7.9 c. i., ii., iii., iv. and v. above, in the Southwest 10tH
Street Overlay District at least 75% of the workforce housing units shall be 3
bedroom units offered for initial sale in an amount not to exceed $225,000.00
and 25% of the workforce housing units may be 2 bedroom units offered at the
low income affordability rate.
d. The construction schedule for workforce housing units shall be consistent with or
precede the construction of market rate units.
e. There shall be no lot premiums charged on the workforce housing units.
f. All fractional bonus densities shall be rounded down.
g. The City of Delray Beach, its successors and assigns may enforce the covenants.
No amendments to the covenants shall be made unless by written instrument
approved by the City.
h. No efficiency or studio type units shall be allowed under the family/workforce
housing program.
The total number of one bedroom units in any qualifying project shall not exceed
30% of the total number of units in the project, including both family/workforce units
and market rate units.
Workforce Housing Units constructed according to this policy shall be protected for
subsequent resale or rental to Workforce Households whose income does not
exceed the applicable AMI by deed restrictions or by other equivalent and effective
methods. Conversions of rental units to owner occupied units or vice versa shall
require the subsequent rental or sale to be for the same workforce housing income
category.
k. Workforce Housing Units constructed according to this policy shall only be rented or
sold as a primary residence.
ORD. NO. 02-09
A deed restriction on a form acceptable to the City Attorney shall be recorded in the
Public Records of Palm Beach County. In addition to other restrictions therein
contained, said deed restriction shall prohibit any subletting or assignment of the
respective Workforce Housing Unit to a tenant(s) or purchaser(s) whose income
exceeds the percent of the AMI under which the unit is originally approved. For the
purpose of this section, household income is determined by the cumulative income
of all tenants or purchasers under one roof. In addition, said deed restriction shall
limit the maximum permitted resale price to the initial sale price of the Workforce
Housing Units, increased at the same rate as the Palm Beach County median
income has increased from the initial date of purchase. Prior to the closing on any
sale, resale or prior to any rental of any workforce housing unit, the City shall be
notified of the sale, resale or rental.
m. For both sale and rental of Workforce Housing Units, affordability and occupancy
restrictions shall remain in effect for 40 years and shall apply to any replacement
structure or structures constructed if a structure containing a Workforce Housing
Unit or Units is demolished or destroyed, provided that if demolition or destruction
of a structure containing Workforce Housing Units occurs 35 years after recording
of the restrictions and said demolition or destruction was unintentional, restrictions
on the units in the structure shall terminate on demolition or destruction.
n. Nothing requires a workforce household to vacate a rental workforce housing unit or
sell a workforce housing unit if the tenant(s) or purchaser(s) income later exceeds
AMI.
o. Workforce housing rental units shall be marketed continuously as workforce housing
units. In the unlikely event that notwithstanding the marketing efforts outlined in a
specific Covenant agreement, the total number of occupied workforce housing units does
not equal or exceed the required 25% and , as to workforce units which have remained
vacant for 45 davs or more due to a lack of Eligible Occupants, those units may be rented
to non-eligible occupants at market rents: provided that the Developer shall pay to the
Delray Beach Housing Trust Fund (DBHTF) at the end of each calendar year any rents
actually received from the non-eligible occupants of the workforce units for that year in
excess of the rents that would have been received from Eligible Occupants for such
workforce units based on workforce rents at the time of the signing of the lease ("Excess
Rental Payment"). Excess Rental Pavments shall accrue only for periods in which the
required 25% is not satisTed. No later than 20 davs following the end of the month, the
Developer shall provide the DBHTF with a monthly statement highlighting those units
which require Excess Rental Pavments. No later than 30 davs following the end of the year
the Developer shall provide the DBHTF with an annual statement and shall submit the
amounts due to the DBHTF within thirty (30) davs following written notice from the
ORD. NO. 02-09
DBHTF of its approval of each annual statement. The workforce units rented to non-
eliQible occupants as provided in this Section 2.5 will still be considered Workforce
Housing Units for the purposes of this Covenant for the duration of the rental term.
Section 3. That should any section or provision of this ordinance or any portion
thereof, 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 , 200
MAYOR
Attest:
City Clerk
First Reading
Second Reading
5 ORD. NO. 02-09
PLANNING AND ZONING BOARD STAFF REPORT
MEETING DATE: DECEMBER 8, 2008
AGENDA NO: IV.C.
AGENDA ITEM: CONSIDERATION OF APRIVATELY-INITIATED AMENDMENT TO THE
LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 4.7,
"FAMILY/WORKFORCE HOUSING", SUBSECTION 4.7.9, "GENERAL
PROVISIONS", TO ALLOW NON-ELIGIBLE APPLICANTS TO OCCUPY
WORKFORCE HOUSING UNITS UNDER CERTAIN CONDITIONS.
` ITEM BEFORE THE'BOARD `" `
The item before the Board is to make a recommendation to the City Commission regarding a
privately-initiated amendment to Land Development Regulations (LDRs) Section 4.7,
Family/Workforce Housing," Subsection 4.7.9, "General Provisions", to allow the rental of workforce
housing units to ineligible candidates after 45 days of unsuccessfully marketing to eligible
candidates.
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.
y. $ACKGROUND/ANALYSIS ~ '
This amendment was discussed by the Planning and Zoning Board at their July 21, 2008 meeting
and tabled. The Board raised several concerns and questions, and requested staff that would be
monitoring and implementing this program to attend a future Planning. and Zoning Board meeting
to help answer their questions. The following information is unchanged from the July meeting and
is offered to reacquaint the Board of this proposal:
Depending upon the geographic location in the City, current provisions of the City's
Family/Workforce Housing regulations require either 20 or 25% of units to be designated as
workforce housing when such housing is a requirement for a development. The 20 and 25%
requirements apply to both owned and rented units. To avoid workforce housing rental units from
remaining vacant due to the inability to find eligible applicants, this ordinance introduces some
flexibility. Following are the main points of this new provision:
^ The Workforce Housing units must be continuously marketed as Workforce Housing units.
^ The Workforce Housing unit that must remain continuously vacant for 45 days may exercise
the option of renting the unit to a Workforce Housing non-eligible applicant.
^ The rental rate must be the same as if the applicant were deemed to be an eligible
applicant.
^ The unit will still be considered a Workforce Housing unit for the term of the rental term.
^ In no event shall there be less than fifteen percent (15%) of the total project units occupied
by Eligible Workforce Housing Occupants.
Planning and Zoning Board Meeting, December 8, 2008
LDR Amendment Workforce Housing Rentals
Following is a list of the questions/concerns raised by the Board at their July 21st meeting and
commentary based upon the resubmitted material by the applicant:
How is marketing of the workforce units intended?
The applicant has provided the attached "Marketing and Advertising Plan." Included in this Plan
are specifics regarding:
^ Matching advertising to the target customer
^ Advertising in various apartment shopper guides
^ Advertising over the Internet
^ Use of direct mail
^ Signs placed at strategic locations
• Incentives for resident referrals
^ Realtor/locator referral fees
^ Competitor camaraderie
^ Implementation of an outreach program
^ Brochures, collateral, and merchandise
^ Workforce Housing Marketing Campaign
Would someone responsible for monitoring this program attend the next meeting on this item to
explain the difference in the monthly rental of a workforce unit versus amarket-rate unit? What is
the difference and does the City maintain a list of eligible candidates?
Elizabeth Alpert, the City of Delray Beach Neighborhood Services Administrator, will be attending
to answer the Board's specific questions regarding the monitoring and implementation of this
program. The City does not maintain a list of eligible candidates.
It should also be noted that the current version of the ordinance requires 25% of the total units to
be occupied by workforce candidates. If the percentage falls below 25%, those units could be
rented at full market rate, and the difference must be paid to the Housing Trust Fund (a minor
correction is needed in the current ordinance draft to use Housing Trust Fund as opposed to the
Delray Beach Community Land Trust, or DBCLT). This eliminates the incentive of a rental
management company from simply waiting 45 days to rent to someone at the reduced workforce
rate.
Different from the previous ordinance version, this ordinance does not set a minimum for
occupancy by workforce housing income level candidates. The previous version set a minimum
percentage that must be occupied by workforce housing income level candidates. Lack of a
minimum could result with none of the units occupied by workforce housing income candidates.
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(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:
2
Planning and Zoning Board Meeting, December 8, 2008
LDR Amendment Workforce Housing Rentals
Objective B-1
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.
Objective B-3
The Community Improvement Department and the Planning and Zoning .Department will work to
streamline the permitting process and minimize costs and delays for housing, especially affordable
housing. These departments shall operate under the philosophy of private enterprise regarding
efficiency and delivery of product.
Policy B-3.2 The City shall continually monitor its development review practices to ensure that
applications are being processed in a timely manner, and shall regularly implement new programs
and technological improvements to expedite the review and approval process.
This amendment is consistent with the Comprehensive Plan as it continues the Family/Workforce
Housing Program in the City. This provision is a reasonable accommodation for rental
developments to allow occupancy of workforce units by non-eligible workforce housing applicants
after unsuccessful marketing efforts of 45 days or more. There is no monetary benefit to the rental
complex (other than having the unit occupied) since the rental rate must be at the market rental
rate with the City receiving the difference.
REVIEW BY OTHERS
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 4.7, "FamilyiWorkforce Housing",
subsection 4.7.9, "General Provisions", to allow non-eligible applicants to occupy
workforce housing units under certain conditions, by adopting the findings of fact and law
3
Planning and Zoning Board Meeting, December 8, 2008
LDR Amendment -Workforce Housing Rentals
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 4.7, "Family/Workforce Housing",
subsection 4.7.9, "General Provisions", to allow non-eligible applicants to occupy
workforce housing units under certain conditions, 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 to be made in the affirmative).
RECOMMENDED ACTION
Recommend approval of the amendment to Land Development Regulations, amending Section
4.7, "Family/Workforce Housing", subsection 4.7.9, "General Provisions", to allow non-
eligible applicants to occupy workforce housing units under certain conditions, 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), subject to reference to the Delray Beach Community Land Trust be changed to
the Housing Trust Fund.
attachments:
^ Cover letter from applicant dated October 29, 2008
^ Marketing and Advertising Plan
^ Proposed ordinance
4
~.
CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT
REGULATIONS TO ALLOW
NON-ELIGIBLE OCCUPANTS
TO OCCUPY UVORKFORCE
HOUSING UNITS UNDER
CERTAIN CONDITIONS
The City Commission of the City of Delray Beach, Florida, proposes to
adopt the following ordinance:
ORDIIU,GtNCE N0.02-tL
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULA-
TIONS OFTHE CODE OF ORDINANCES, BY AMENDING SECTION 4.7,
°FAMILYNVORKFORCE HOUSING", SUBSECTION 4.7.9, `GENERAL
PROVISIONS", 8Y ENACTING A NEW SUBSECTION '0" TO ALLOW
NON-ELIGIBLE OCCUPANTS TO OCCUPY WORKFORCE HOUSING
UNITS UNDER CERTAIN CONDITIONS, PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Commission v~ill conduct two (2) Public Hearings for the purpose
of accepting public testimony regarding fhe proposed ordinance. The first
Public Nearing will be held on TUESDAY, ,fANUARY 20.2009 AT 7:00 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 v~ill be held on TUESDAY. FEBRUARY 3.2009 AT
7: 0 P. . (or at any continuation of such meeting vrhich )s set by the
Commission) in the Commission Chambers at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida.
All interested citizens are invited to attend the public hearings and comment
upon the proposed ordinance or submit their comments in writing on or
before the date of these hearings to the Planning and Zoning Department.
For further information or to obtain a copy of the proposed ordinance,
please contact the Planning and Zoning Department, City Hai1,100 N.W.1 st
Avenue, Delray Beach, Florida 33444 (email at
pzmail@mydeirayt>each.com) or by calling 561/243-7040}, 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 fo appeal any decision made by
the City Commission v6th 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
Chevefle D. Nubin, CMC
City Clerk
PUBLISH: Monday, January 12, 2049
Tuesday, January 27, 2009
Boca RatonDelray Beach News
Wynn, Kimberly
From: Allen, Jasmin
Sent: Monday, December 22, 2008 2:14 PM
To: Maloney, Susan
Cc: Wynn, Kimberly; Gaskins, Lanelda; McDonnell, Mark
Subject: FW: ORD 02-09 - LDR TEXT CHANGE TO WORKFORCE HOUSIING ORDINANCE
Importance: High
Hi Sue,
The P&Z Department has just received a request from the applicant to move Ord 02-09 to
the City Commission meeting of January 20, 2009 (with second reading occurring on
February 3, 2009).
Sue, Please inform the newspaper and pull the requested advertisement from the December
29th publication. Also, the advertisement will need to be revised to reflect the new meeting
and .publication dates.
Thanks
)a~min ~(~Il~i~, 7~la~~n~r
City or ~t~~lray ~~=ac~h
11~1~ IOW 1~t `iy~Qnu~, `Y)~lray t~Q~ch, ~1 3~~~k~
(5~t)za~~-7u~~
From: McDonnell, Mark
Sent: Monday, December 22, 2008 1:53 PM
To: 'Chasputman@aol.com'
Cc: Allen, Jasmin; McDonnell, Mark; Dorling, Paul
Subject: RE: CITY COMMISSION MEETING -TEXT CHANGE TO WORKFORCE HOUSIING ORDINANCE
Importance: High
Thanks, Charlie. You've provided all that is necessary to move our
item to the second regular City Commission meeting in January, which
is confirmed as January 20, 2009.
Mark McDonnell, AICP, Assistant Director
City of Delray Beach
Department of Planning and Zoning
100 N.W. 1st Avenue
Delray Beach, Florida 33444
ph-561-243-7046
12/23/2008
fx-561-243-7221
mcdonnellCa~ci.delray-beach.fl.us
From: Chasputman@aol.com [mailto:Chasputman@aol.com]
Sent: Monday, December 22, 2008 12:18 PM
To: McDonnell, Mark
Subject: CITY COMMISSION MEETING -TEXT CHANGE TO WORKFORCE HOUSIING ORDINANCE
Mark,
Pursuant to our recent conversation, please let this a-mail serve as a formal request that my petition to amend
the text of the Workforce Housing Ordinance that is currently scheduled for the Jan 6th City Commission
meeting be postponed until the next scheduled City Commission meeting which I understand will be on or
around January 20th .The purpose for this request is to allow us more time to address the staffs concerns and
objections regarding this proposed change.
I hope this gives you what you need to effect this change. Let me know if you will need anything further.
CPutman
One site keeps you connected to all your email: AOL Mail, Gmail, and Yahoo Mail. Try it now.
12/23/2008
Wynn, Kimberly
From: Gaskins, Lanelda
Sent: Tuesday, December 23, 2008 1:22 PM
To: Maloney, Susan; Wynn, Kimberly
Cc: Nubin, Chevelle
Subject: FW: LDR Text Amendment Regarding Workforce Housing -Ord 02-09
Importance: High
FYI
L'anel~a ~C'ask-ins
Deputy Ciry Clerk
Ciry of Delray Beach
Clerk's Office
100 N.W. 1st Avenue
Delray Beach, Florida 33444
561-243-7057
gaskins@ci. delray-beach. fl.us
From: Nancy Smith [mailto:nsmith@bocanews.com]
Sent: Tuesday, December 23, 2008 1:23 PM
To: Gaskins, Lanelda
Subject: FW: LDR Text Amendment Regarding Workforce Housing -Ord 02-09
See below for cancellation confirmation.
O
Nancy Smith
Classified Manager
Boca Raton News
Ph. 561-893-6404
Fax 561-893-6677
Email: nsmith@bocanews.com
www.bocanews.com
-----Original Message-----
From: Nancy Smith [mailto:nsmith@bocanews.com]
Sent: Tuesday, December 23, 2008 10:43 AM
To: 'Allen, ]asmin'
Subject: RE: LDR Text Amendment Regarding Workforce Housing -Ord 02-09
Hi Jasmine,
I received your message and email - and I will go ahead and cancel Ord. 02-09.
Happiest of holidays to you and your family.
Nancy Smith
Classified Manager
12/23/2008
Boca Raton News
Ph. 561-893-6404
Fax 561-893-6677
Email: nsmith(a~bocanews.com
www.bocanews.com
-----Original Message-----
From: Allen, Jasmin [mailto:Allen)@ci.delray-beach.fl.us]
Sent: Tuesday, December 23, 20089:37 AM
To: Nancy Smith
Cc: Maloney, Susan; Wynn, Kimberly
Subject: LDR Text Amendment Regarding Workforce Housing -Ord 02-09
Hi Nancy,
The advertisement to be published as display ad on Monday, December 29, 2008 &
Tuesday, January 13, 2009 for Ord # 02-09 has been postponed. Please remove that
ad from being published.
Thank you and have a happy holiday
Ja~n~in °i911en, planner
~itct of ~elract ~eacl~
1'U~ 1~W i~t ~Ivenue, Delray ~ea~h, ~'1.73~~~~
(.5~r)z~~-7~~4
12/23/2008