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Ord 66-04 (" /", , ORDINANCE NO. 66-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, TO CREATE A NEW ARTICLE 4.7, "FAMIL YIWORKFORCE HOUSING", PROVIDING FOR REGULATIONS AND INCENTIVES TO BUILD WORKFORCE HOUSING AND ENSURING THAT THE CITY HAS SUFFICIENT FAMIL YIWORKFORCE HOUSING; AMENDING 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT" BY ENACTING 4.4.6(H)(6), "DENSITY BONUSES", TO PROVIDE FOR DENSITY BONUSES IN CERTAIN OVERLAY DISTRICTS; AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", BY ENACTING 4.5.9, "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT", 4.5.10, "SOUTHWEST 10TH STREET OVERLAY DISTRICT" AND 4.5.11, "CARVER ESTATES OVERLAY DISTRICT", CREATING OVERLAY DISTRICTS WHICH ARE ENTITLED TO DENSITY BONUSES FOR THE PROVISION OF WORKFORCE HOUSING UNITS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, FamilylWorkforce housing affordable to citizens of Delray Beach is needed in the City; and WHEREAS, the Community Redevelopment Agency conducted a study entitled "Exploring a Community Land Trust for Delray Beach", dated July 19, 2004 which studied the need to preserve lands for workforce housing; and WHEREAS, the City Commission of the City of Delray Beach, Florida, adopts the findings in the Staff Report; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds the ordinance is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS: Section 1. The recitations set forth above are incorporated herein. (" /", Section 2. That Article 4.7, "FamilylWorkforce Housing" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: 4.7 FINDINGS (A) The City Commission has determined that there is a severe housing shortage in the City of Delray Beach that is affordable to the everyday working families and citizens of the City; and (B) Florida Statutes § 166.04151 provides that a municipality may adopt and maintain any ordinance that is adopted for the purpose of increasing the supply of affordable housing using land use mechanisms such as inclusionary housing ordinances not withstanding any other provision of law; and (C) The City Commission recognizes that there is a growing gap between housing costs and wages in the City; and (D) The City of Delray Beach has a legitimate public interest in preserving the character and quality of neighborhoods which requires assuring the availability of workforce housing for moderate and lower income persons in the City; and (E) The City recognizes that the need to provide workforce housing is critical to maintaining a diversified and sustainable City having the character and sense of a community where people can live and work in the same area; and (F) The City is encouraging the production and availability of workforce housing and at the same time is cognizant that escalating land costs and rapidly diminishing amounts of land hinder the provision of sufficient workforce dwelling units by the private sector; and (G) The City Commission has adopted the Southwest Area Neighborhood Redevelopment Plan and Comprehensive Plan changes recognizing the need to redevelop the Southwest Neighborhood in a manner that preserves the neighborhood and provides workforce housing. 4.7.1 DEFINITIONS a. Adjusted Median Income (A.MJ.) - The Palm Beach County median income, based on a family of four, as published by Florida Housing Finance Agency. 2 ORD NO. 66-04 (" /\ b. Affordability Controls - Restrictions placed on dwelling units by which the price of such units and/or the income of the purchasor or lessee will be restricted in order to ensure that the units remain affordable to very low, low, or moderate income households. c. Carver Estates Overlay District - The area shown on the map below. _I ! : ~r'_ DELRA Y FULL SER VICE CENTER I I ----'------L .. '-----. SoW 41H 5T =§..-:-~- ~--¡ =-~ AUBURN CIRCLE NORTH ----- \ '\. -j!: on j- _1'- , I ¡ j!: -, - ~ ; U') ~ ..- ~ --í - ~ -1- ~ TH T, -------- ~ [J,D i c~~~7c u "'~ ! CHURCH r- - .- ___-.t- --- DR 0:: I ' ü I z 0:: :;;) ID :;;) « ----- ~ «- -,.---------,--- j S W 6TH ST STRONG AUBURN CIR S CENTER S W 7TH ST ----- --- -- -- - - --- SW 7TH ST ~ « I I- -- -C() ! ¡ -------'-------: -j!: - ~ j!: on ~ « '" '" ~ ~- ... ~ « ì---- - , I ¡ ..J... S W 9TH ST I l- V iE j!: mj!: -0 DELRA Y BEACH MEMORIAL GARDENS ~ '" :: .: ~ - ~ -'" '" , , . ¡ -- ~ S.W 9TH C -l-Tt! m,' lL) ~ '" ~ on - -. ~ - -7 -.. ~ - U1 - '- --- U) -- s.w. 10TH ~ « ~ .0 $:)' ¡ <Þ ~ -' <1,'('é¡ "- ~ '" ~ ~$:) ~~ «' <1,'(' ~ I 'Y I , ~i ¡ , If' I~ j ~ _L _ ¡ /--- , ' I I- o t--~=- u__ ~ '" j!: a:J ---- (''' /\ d. City - The City of Delray Beach, Florida. e. Community Development Block Grant (CDBG) Target Area - The area shown in the map below. LAKE '''4 T I · ROAD I I , I · ~ , · !!:: , :s: LlJ I . N.W. 2ND ST. ~ ~ . o I ~ . Q; I ~; ATLANTIC A VENUE I I I I . CI) . S. W 2ND ST. fa · , I a:: · LU! ~ I :;:)' I !J.j ~ ~ (,) . ::s; ~ , '« '« ~ ~ ~ I ~ Q) .... ::iIi: ... . ~ ,~ ;.. . ;:: ;:: ~ CI,j CI,j ~ Q:; ~~ I Q:; CI) 0 ~ I ..... I.lj ~ " . ¡¿: ...... . S.W. 10TH ST. :::: ';;: ...... . ...... ct:: . ~ ~ ~ . '« >< · i!: CI,j · ~ u · ~ · CI,j ~ 11f~ ) LINTON 4 ORD NO. 66-04 (" /", II f. CRA - The Delray Beach Community Redevelopment Agency. g. Density Bonus Program - The Density Bonus program is an incentive program intended to encourage developers to build affordable owner-occupied and rental housing within Delray Beach's Community Development Block Grant (CDBG) target area. The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. h. Density Bonus Unit - An additional dwelling unit added above the base number of units authorized once performance standards have been applied and the density has been computed under existing codes. i. Development - A housing development at one location including dwelling units for which approvals have been granted. j. Eligible Occupant - A person who qualifies for participation in the program. Priority will be given to persons who have lived or worked within the City limits of Delray Beach continually for one year immediately prior to the date of application for a workforce housing unit related to the Density Bonus Program and who qualify for participation in the program. k. First Time Home Buyer - A person who has not held ownership in a residence within the past three years. I. Household - A single person living alone, or two or more persons sharing residency, with a combined income available to cover household expenses. m. Low Income Household - A household with a gross, combined income between 61 % and 80% of the Palm Beach County Adjusted Median Income (as defined by the Florida Housing Finance Authority). n. Moderate Income Household - A household with a gross, combined income between 81 % and 120% of the Palm Beach County Adjusted Median Income (as defined by the Florida Housing Finance Authority). 5 ORD NO. 66-04 (' "...", o. Southwest Neighborhood Overlay District - The area zoned RM between Interstate 95 and N.W. 1st Avenue, and Atlantic Avenue to S.W. 2nd Street as shown in the map below. U I p~~;Y ! I ~ ~ ", ~ ' w . 'CITY D . .. "II < '" 0( ~ ATTORNey 1IITIIl[illo~nilln'·: ~ Will" " " 5_. U "' "''' , DDDUDlDßfDqŒOmQ~ nl ,rJ]D ,= '"=" rn ro% > t'< DDD DL~D~, L-JcrJ. CJ ~ · r / 1 CJ Ô ~ mC::::tn fßl n c':::.fix c~7" c=J Ml CJ :r - --llnnnn_i.Q n~ I ' = nnQj[JQ, - II r~ r ¡---¡C .-1 I_~ ;~~' ¡fill : . I~ i I I I I:JJ I (j ~-:'" ;\- ~I:~n. -- ----å§l<' ~~- ,i~ -~'~",~ ; ',' '1Tl' I.~n~'-------' n, ~ -I' r'. -' ; 1'- i·^ ,., I". .' , I i 1"1,', 10 D" ': ¡ I' I' ! ! ¡ ¡ : ! ~ I I , 1 j I 6 ORD NO. 66-04 (" /, p. Southwest 10th Street Overlay District - The area at the Southwest corner of Swinton Avenue and 10th Street as shown in the map below. '/lATER mEA TMENT PLAN T ¡-c- , + l ~ -f ~-- PINE GRO~ €l.DAENTARY SCHOO< ---~ ~-------- - ~ FALL RIDGe OF D£UfA Y Ll~_ ~ ! GULF SI7!CAM CQlMCRClAL C£NTRC ! ~---- ---+--~ UNTON TRUSS COUNTY SAN/TA nON ; IJNIYAN ....... ---------+------ ----- ---- - - --------~, ~--_------.I : - ~jTL~-~=-=- j I--~--- "I t .: i ,,¡.;¡, :I, _L- , ¡ ~ J SECURITY HARBOURS roGC seLF STORAGC NATIONS BAN/( UNTON CENTE'R r -r---- -~- ---"--T-r-, 7 ORD NO. 66-04 (' "...~ q. Very Low Income Household - A household with a gross, combined income not exceeding 60% of the Palm Beach County Adjusted Median Income (as defined by the Florida Housing Finance Authority). r. Workforce Housing Unit - A dwelling unit for which the rent or mortgage payment (including principal, interest, taxes and Insurance P.I.T.I.) does not exceed 35% of the gross income of households that classify as very low, low, or moderate income households and meets the other requirements of the FamilylWorkforce Housing Program. 4.7.2 APPLICABILITY Except as otherwise provided in this ordinance, these regulations shall apply only to development applications consistent with the following conditions: a. Development must be located within the established Southwest Delray Beach Overlay District, the Southwest 10th Street Overlay District, or the Carver Estates Overlay District to qualify for participation in the Density Bonus Program. b. In order to qualify for a density bonus, a project must consist of at least five new or substantially rehabilitated dwelling units. c. The developer or responsible party must provide relocation assistance at a minimum of $2,500.00 per household to very low and low income residents that are displaced as a result of the proposed project. d. In the Southwest 10th Street Overlay District and in the Carver Estates Overlay District, at least twenty percent of all residential units must be workforce housing units. 4.7.3 PROVISION OF WORKFORCE HOUSING UNITS Developers will be awarded density bonus units (additional market rate units), beyond the base number allowed per existing zoning ordinance after performance standards have been met, as an incentive to provide affordable housing unit, subject to the limits and requirements of this chapter. 8 ORD NO. 66-04 (" /~ a. Developers may earn bonus units by building housing for very low, low or moderate income families within the designated boundaries of the Overlay Districts. 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 development, which are regulated in terms of: i. Sales price or rent levels; and ii. Marketing and initial occupancy; and iii. Continued requirements pertaining to resale or rent increases. 4.7.4 DENSITY BONUS PROGRAM FOR NEIGHBORHOOD OVERLAY DISTRICT THE SOUTHWEST Developers of property in the Southwest Neighborhood Overlay District that meet the minimum standards will earn bonus units for building workforce housing for very low, low and moderate income families. a. The size of the bonus varies based on several factors including: i. Affordability (i.e., homes affordable to very low, low, or moderate income families) ii. Home Size (i.e., workforce housing units with four or more bedrooms are awarded larger bonuses) iii. Ownership versus Rental (i.e., larger bonuses are awarded for workforce housing units offered for sale to low and very-low income families and larger bonuses are awarded for ownership versus rental units.) b. To be eligible for bonus units, developers must meet one or more of the following criteria: 9 ORD NO. 66-04 (" /,\ i. A designated number of the total units are restricted to very low income households, and/or ii. A designated number of the total units are restricted to low income households, and/or iii. A designated number of the units are restricted to moderate income households c. Workforce housing units may be located off-site provided the off- site location chosen is within the Delray Beach CDBG target area. d. The bonus allowances are set forth in Table 1 below. TABLE 1 DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT OPTION SALE BONUS PER WORKFORCE UNIT PROVIDED VERY LOW 60% LOW 80% - 61 % MODERATE 120% -81 % 4 3 2 OPTION RENT BONUS PER WORKFORCE UNIT PROVIDED VERY LOW 60% LOW 80%-61 % MODERATE 120% -81 % 3 2 1 LARGE HOME OPTION 4+ bedroom workforce housing units Additional 0.5 bonus will be added to the bonus provided above in this chart e. Instead of or in addition to providing workforce housing units, developers may also accrue bonus units by contributing to a housing trust fund that will be utilized to subsidize workforce housing in the CDBG target area. Developers may earn one bonus 10 ORD NO. 66-04 (" /", unit for each payment of a sum equal to $60,000 payable to the FamilylWorkforce Housing Trust. f. Also, instead of or in addition to providing workforce housing units, developers shall earn bonus units by donating land (buildable lots) in the CDBG area of the City Delray Beach to be used for workforce housing. The appraised value of donated land will be valued in accordance with subsection e. above and may be prorated. The appraisal shall be obtained by developer at developer's cost. g. The maximum total density of a development shall not exceed 24 units per acre. 4.7.5 DENSITY BONUS PROGRAM FOR THE SOUTHWEST 10th STREET OVERLAY DISTRICT AND THE CARVER ESTATES OVERLAY DISTRICT Developers of property in the Southwest 10th Street Overlay District and the Carver Estates Overlay District shall develop the properties to afford a minimum of twenty percent of the residential units as workforce housing units. a. The twenty percent that are developed as workforce housing units must contain units that are affordable to very low, low or moderate income families. b. In the Southwest 10th Street and Carver Estates Overlay Districts, the maximum density allowed is the maximum zoning density allowed in the zoning district. To obtain the maximum density allowed in the zoning district, not only must a minimum of twenty percent of the residential units be developed as workforce housing, but all the performance standards that allow increased density shall also be substantially met. c. Workforce housing units may be located off-site provided the location chosen is within the CDBG area of the City of Delray Beach. d. All sections of Chapter 4.7 apply to the Southwest 10th Street and Carver Estates Overlay Districts except for Sections 4.7.4 and 4.7.11. 11 ORD NO. 66-04 i ___l___ (" /"" 4.7.6 RENTAL HOUSING UNITS I a. A covenant shall be recorded in the Public Records specifying the income level served, rent levels, reporting requirements and all restrictions applicable to the workforce housing units. All leases shall contain language incorporating covenants applicable to the workforce housing unit and reference recorded covenants. b. Units targeted to very low income households under the 60% affordability level of the Palm Beach County median income, adjusted for family size, shall not have rental rates that exceed 100% of the HUD determined fair market rent for the area. c. Units targeted to low income households at 61 % to the 80% affordability level of the Palm Beach County median income, adjusted for family size shall not have rental rates that exceed 120% of the HUD determined fair market rent for the area. d. Units targeted to moderate income households at 81 % to the 120% affordability level of the Palm Beach County median income, adjusted for family size, shall not exceed 140% of the HUD determined fair market value. e. No workforce house units shall be offered for rent to the general public until all requirements of this section are met. 4.7.7 FOR SALE HOUSING UNITS a. All deeds shall include the restrictive covenants applicable to workforce housing units. All sales contracts shall state that the unit is part of a workforce housing program and subject to Section 4.7 of the Land Development Regulations of the City. b. All purchasers of workforce housing units shall be very low, low or moderate income households; provided, however, in exceptional circumstances when persons in households above the moderate income level are displaced due to redevelopment or catastrophic events, the persons so affected shall also be eligible for workforce housing. Under these circumstances, the Density Bonus Allocations under Section 4.74 shall be for moderate income households. 12 ORD NO. 66-04 (" /~ c. Owners of workforce housing units shall be required to occupy the unit unless evidence is presented indicating that the owner is unable to continuously occupy the unit due to illness or incapacity. d. Closing costs and title insurance shall be paid pursuant to the custom and practice in Palm Beach County at the time of opening of escrow. No charges or fees shall be imposed by the seller on the purchaser of a workforce housing unit which are in addition to or more than charges imposed upon purchasers of market rate units, except for administrative fees charged by the City/CRA, or their designee. e. Sales prices for workforce housing units will be calculated on the basis of: i. The sales price of a new structure for low and very low households may not exceed the maximum price established by the Community Improvement Department under the approved Local Housing Assistance Plan (LHAP). ii. For moderate income households, the maximum price shall be established by the Community Improvement Department based on a formula that considers the prevailing mortgage interest rates, as approved by the City Commission by resolution. f. No workforce housing units shall be offered for sale to the general public until all requirements of this chapter are met. 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 no less than thirty (30) 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 l 13 ORD NO. 66-04 (" /~ 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: i. Transfers by inheritance to the purchaser-owner's spouse or offspring, or; ii. Transfers of title to a spouse as part of a divorce dissolution proceeding, or; iii. Acquisition of title or interest therein in conjunction with marriage. g. No resales of workforce housing units shall be completed until the requirements of this chapter are met. 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. 14 ORD NO. 66-04 _L_ (' /\ 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 HV AC systems and appliances with market rate units and provide them as standard features. 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 2 bedroom workforce units to total workforce units may not exceed the proportion of 2 bedroom market rate units to total market rate units. ii. 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. iii. 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. iv. 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. v. 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. vi. Notwithstanding Section 4.7.9 c. i., ii, iii, and iv. above, in the Southwest 10tlì 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. 15 ORD NO. 66-04 (" /"\ , 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 one bedroom units shall be allowed under the family/workforce housing program. 4.7.10 REVIEW AND APPROVAL PROCESS a. Final Approval Conditions: Final conditions of approval shall specify that the restricted units are priced and/or rented at workforce housing levels and shall state that those units shall be rented and/or sold to the eligible income group. The conditions will also specify the requirements for reporting to the City's Community Improvement Department on buyer eligibility, housing prices, as well as any applicable requirement to record a covenant or to enforce resale restrictions. 4.7.11 DENSITY BONUS TABLES a. The Density Bonus Tables shown below apply to the Southwest Neighborhood Overlay District only and are provided to illustrate bonus densities under various parcel sizes, unit types and income eligibility; however, the density bonus allocations contained in Table 1 shall control densities in the Southwest Neighborhood Overlay District. 16 ORD NO. 66-04 (" /, Workforce Housing Program Density Bonus Allocations Owner Occupied - 2-3 Bedroom Units Very-Low Income (4 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 5 1 4 10 10.0% 1 12 24 9 3 12 24 12.5% 1.5 18 36 14 4 16 34 11.8% 2 24 48 18 6 24 48 12.5% 2.5 30 60 23 7 28 58 12.1% 3 36 72 27 9 36 72 12.5% 3.5 42 84 32 10 40 82 12.2% 4 48 96 36 12 48 96 12.5% Low Income (3 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 4 2 6 12 16.7% 1 12 24 8 4 12 24 16.7% 1.5 18 36 12 6 18 36 16.7% 2 24 48 16 8 24 48 16.7% 2.5 30 60 20 10 30 60 16.7% 3 36 72 24 12 36 72 16.7% 3.5 42 84 28 14 42 84 16.7% 4 48 96 32 16 48 96 16.7% Moderate Income (2 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 12 3 3 6 12 25.0% 1 12 24 6 6 12 24 25.0% 1.5 18 36 9 9 18 36 25.0% 2 24 48 12 12 24 48 25.0% 2.5 30 60 15 15 30 60 25.0% 3 36 72 18 18 36 72 25.0% 3.5 42 84 21 21 42 84 25.0% 4 48 96 24 24 48 96 25.0% 17 ORD NO. 66-04 I _\ (" /'"\ Workforce Housing Program Density Bonus Allocations Owner Occupied - 4+ Bedroom Units Very-Low Income (4.5 units Der 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 12 5 1 4 10 10.0% 1 12 24 10 2 9 21 9.5% 1.5 18 36 14 4 18 36 11.1% 2 24 48 19 5 22 46 10.9% 2.5 30 60 24 6 27 57 10.5% 3 36 72 28 8 36 72 11.1% 3.5 42 84 33 9 40 82 11.0% 4 48 96 38 10 45 93 10.8% Low Income (3.5 units Der 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 5 1 3 9 11.1% 1 12 24 9 3 10 22 13.6% 1.5 18 36 13 5 17 35 14.3% 2 24 48 17 7 24 48 14.6% 2.5 30 60 22 8 28 58 13.8% 3 36 72 26 10 35 71 14.1% 3.5 42 84 30 12 42 84 14.3% 4 48 96 35 13 45 93 14.0% Moderate Income (2.5 units Der 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 12 4 2 5 11 18.2% 1 12 24 7 5 12 24 20.8% 1.5 18 36 11 7 17 35 20.0% 2 24 48 15 9 22 46 19.6% 2.5 30 60 18 12 30 60 20.0% 3 36 72 22 14 35 71 19.7% 3.5 42 84 25 17 42 84 20.2% 4 48 96 29 19 47 95 20.0% 18 ORD NO. 66-04 (" ---\ Workforce Housing Program Density Bonus Allocations Rental - 2-3 Bedroom Units ; Very-Low Income (3 units Der 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 4 2 6 12 16.7% 1 12 24 8 4 12 24 16.7% ; i 1.5 18 36 12 6 18 36 16.7% i , 2 24 48 16 8 24 48 16.7% , 2.5 30 60 20 10 30 60 16.7% 3 36 72 24 12 36 72 16.7% 3.5 42 84 28 14 42 84 16.7% 4 48 96 32 16 48 96 16.7% Low Income (2 units oer 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 3 3 6 12 25.0% 1 12 24 6 6 12 24 25.0% 1.5 18 36 9 9 18 36 25.0% 2 24 48 12 12 24 48 25.0% 2.5 30 60 15 15 30 60 25.0% 3 36 72 18 18 36 72 25.0% 3.5 42 84 21 21 42 84 25.0% 4 48 96 24 24 48 96 25.0% Moderate Income (1 unit oer 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 12 0 6 6 12 25.0% , 1 12 24 0 12 12 24 25.0% 1.5 18 36 0 18 18 36 25.0% 2 24 48 0 24 24 48 25.0% ¡ 2.5 30 60 0 30 30 60 25.0% 3 36 72 0 36 36 72 25.0% 3.5 42 84 0 42 42 84 25.0% 4 48 96 0 48 48 96 25.0% 19 ORD NO. 66-04 (" /,,\ Workforce Housing Program Density Bonus Allocations Rental- 4+ Bedroom Units Very-Low Income 3.5 units er 1 affordable bonus Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % acres Base Densit with Bonus Rate Units Units Units Units Affordable 0.5 6 12 5 1 3 9 11.1% 1 12 24 9 3 10 22 13.6% 1.5 18 36 13 5 17 35 14.3% 2 24 48 17 7 24 48 14.6% 2.5 30 60 22 8 28 58 13.8% 3 36 72 26 10 35 71 14.1% 3.5 42 84 30 12 42 84 14.3% 4 48 96 35 13 45 93 14.0% Low Income 2.5 units er 1 affordable bonus Maximum Units at Maximum Units Market Affordable Bonus Total % Base Densit with Bonus Rate Units Units Units Units Affordable 6 12 4 2 5 11 18.2% 12 24 7 5 12 24 20.8% 18 36 11 7 17 35 20.0% 24 48 15 9 22 46 19.6% 30 60 18 12 30 60 20.0% 36 72 22 14 35 71 19.7% 42 84 25 17 42 84 20.2% 48 96 29 19 47 95 20.0% Moderate Income 1.5 units er 1 affordable bonus Maximum Units at Maximum Units Market Affordable Bonus Total % Base Densit with Bonus Rate Units Units Units Units Affordable 6 12 2 4 6 12 33.3% 12 24 4 8 12 24 33.3% 18 36 6 12 18 36 33.3% 24 48 8 16 24 48 33.3% 30 60 10 20 30 60 33.3% 36 72 11 25 37 73 34.2% 42 84 14 28 42 84 33.3% 48 96 16 32 48 96 33.3% 20 ORD NO. 66-04 (" /,,\ Section 3. That Chapter 4, Section 4.4.6 of the Land Development Regulations is amended by enacting a new Subsection 4.4.6(H)(6), to read as follows: (6) Densitv Bonuses. Densitv bonuses may be aranted as a Conditional Use to eliaible properties aoverned by reaulations set forth in Chapter 4. "Zonino Reaulations". Article 4.4.7. "FamilylWorkforce Housino". Section 4. That Article 4.5, "Overlay and Environmental Management Districts", is hereby amended by adding 4.5.9, "The Southwest Neighborhood Overlay District", to read as follows: A. Defined: The Southwest Neiohborhood Overlay District is the area zoned RM located between Interstate 95 and N.W. 1st Avenue and Atlantic Avenue to S.W. 2nd Street. The applicable reaulations set forth in Section 4.7. "FamilylWorkforce Housino" (in addition to applicable Land Development Reoulations) shall apply to this district. Section 5. That Article 4.5, "Overlay and Environmental Management Districts" shall be amended by adding Section 4.5.10, "The Southwest 10th Street Overlay District" to read as follows: A. Defined: The Southwest 10th Street Overlay District is located between S.W. 10th Street to the north and Reiole Avenue to the South and between Swinton Boulevard to the east and S.W. 2nd Avenue. if it was extended to Reiole Avenue. to the west. The application reoulations set forth in Section 4.7. "Family Workforce Housino" shall apply to the Southwest 1 oth Street Overlay District in addition to other applicable Land Development Reoulations. Section 6. That Article 4.5, "Overlay and Environmental Management Districts" shall be amended by adding Section 4.5.11, "The Carver Estates Overlay District", to read as follows: A. Defined: The Carver Estates Overlav District covers two areas shown on the map in Section 4.7.1c of the Land Development Reoulations. The applicable reaulations set forth in Section 4.7. "FamilylWorkforce Housino". shall apply to the Carver Estates Overlav District in addition to other applicable Land Development Reaulations. 21 ORD NO. 66-04 (''' /\ Section 7. That should any section or provIsion of this ordinance or any portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That this ordinance shall become effective upon its passage on second and final reading. on this the PASSED AND ADOPTED ~ession on second and final reading \..p*' day of ~ ,2004. 8æz4. ATTEST: ~S). ~~ City Clerk First Reading \~ \~\Ç)~ " Second Reading \ ~ \.o.\~L\ 22 ORD NO. 66-04 , . MEMORANDUM DATE: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER &~1 AGENDA ITEM # \ C 6 - REGULAR MEETING OF DECEMBER 6.2004 ORDINANCE NO. 66-04 (SECOND READING/SECOND PUBLIC HEARING) DECEMBER 3, 2004 TO: FROM: SUBJECT: This Ordinance is before City Commission for second reading and second public hearing to amend Land Development Regulations (LDR) to create a new Article 4.7, "Family/Workforce Housing", enacting 4.4.6(H) (6), "Density Bonuses", amending Article 4.5, "Overlay and Environmental Management Districts", by enacttng 4.5.9, "Southwest Neighborhood Overlay D1strict", 4.5.10, "Southwest 10th Street Overlay D1strict", and 4.5.11, "Carver Estates Overlay District", to provide for regulations and incentives to bwld workforce housing and to create overlay districts which are entttled to density bonuses for the proVision of workforce housmg units. On October 19,2004, the City Commission approved Comprehensive Plan Amendment 2004-2 which included text changes to the Residential Medium land use description. The language was amended to allow increases in densities in an overlay district in the Southwest Neighborhood Redevelopment Area consistent with the adopted Southwest Area Neighborhood Redevelopment Plan. The increases are allowed subject to a density bonus program outlined in this ordinance. At the same meeting of October 19,2004, City Commission considered a first reading of a rezoning request for the Cottages of Banyan from R-1-A and CF to RM. As part of the request, and to achieve cons1stency with the Comprehensive Plan and the Southwest Area Neighborhood Redevelopment Plan, the developer voluntarily agreed to provide a minimum of 20% workforce housing units. After discussing the method by which the workforce housing component was to be enforced, the Commission continued the request and directed staff to accelerate the Density Bonus Ordinance for the Southwest Area Neighborhood Redevelopment Plan and include this property. The proposed ordinance and related LDR amendment includes the creation of three (3) overlay districts (Southwest Neighborhood Overlay District, Southwest 10th Street Overlay District, and Carver Estates Overlay Distnct) in which density bonuses are awarded for the provision of workforce housing. On November 15, 2004, the Planning and Zoning Board held a public hearing in conjunctton with the request. Several members of the public spoke with the following concerns: 1. Thirty (30) year fixed mortgage vs. creative fmancing 2. Four member household vs. one or two member household 3. How do you monitor who the property is sold to at a later date 4. Standardized form for restrictive covenants 5. Providing .5 of a unit is not enough incentive for 4 bedroom units The Board voted 4-1 to recommend that the request be approved by adopting the findings of fact and law contained in the staff report, fmding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Land Development Regulations (lDR) Section 2.4.5(M) (Amendment to Land Development Regulations with resolution of the 5 items of concern prior to second reading of the ordinance. At the fIrst reading on November 16, 2004, the City Commission passed the Ordinance No. 66-04. With regard to concern #1, the Ordinance was modifIed prior to first reading to accommodate different types of mortgages based upon income level. Regarding #2, the definition of "Adjusted Median Income" in the Ordinance is "the Palm Beach County median income, based on afami!J offour, as published l?Y Florida Housing Finance Agenry': This standard 1S easier to mOnitor for re-sales rather than a fluctuattng price based on family size. In response to #3, the restrictive covenants may provide language that will require notifIcation to Community Improvement upon transfer. Regarding #4, the standardized form will be developed and presented to the City CommissiOn at a later date for adoption by resolution. Regarding concern #5, staff felt this was adequate and that it could be revisited, if needed, at a later date. Recommend approval of Ordinance No. 66-04 on second and final reading. S./Clty Clerk/ Agenda Memos/Ord 66-04.Fanuly Workforce Houslllg.t2.06 04 IffCRA DfLRAY BfACH COMMUNITY REDEVElOPMENT AGENCY December 3,2004 Paul Dorling Planning and Zoning Director 100 NW 1st Avenue Delray Beach FL 33444 RE: Workforce Housing Ordinance Dear Paul, The purpose of this letter is to confirm with you that City staff will be following up to the Workforce Housing Ordinance with an amendment to the RM zoning district regulations in order to accommodate workforce housing in the overlay districts. During the drafting of the Workforce Housing Ordinance we had briefly discussed the possibility that the required setbacks in the RM zoning district may need to be reduced in order to achieve the desired densities. There were so many details and issues involved in the ordinance, and it was on a somewhat of a fast track for adoption, that the setback problem was never thoroughly examined. However, unless we address it in the very near future we may have an unworkable ordinance. Densities of 30 units/acre and above are achievable in the CBD district in part because the required setbacks are fairly minimal. The RM zoning requires a 25 ft. front setback. If that is not reduced (to at least 15 feet), there may not be enough buildable area to work with. Front setbacks of 10' and 15' are fairly typical in traditional downtown developments (such as Abacoa). I realize that the ordinance is nearing adoption and my intent is not to delay anything, rather, I just wanted to let the City Commission know that we will be following up with an amendment to address this issue. Sincerely, Diane Colonna Executive Director \\:>B " ~ FROM: CITY COMMISSION 'fjoCCnJlt;NT A TION" DA ~E~CI MANAGER PAJ{ DORLlNG, DIRE R OF PLANNING AND ZONING MEETING OF NOVEM R 16, 2004 CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS CREATING A NEW ARTICLE 4.7 "FAMIL YIWORKFORCE HOUSING", AMENDING SECTION 4.4.6(H)(6) BY ENACTING "DENSITY BONUSES", AND ARTICLE 4.5 "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICT", BY ENACTING SECTION 4.5.9 "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT", SECTION 4.5.10 "SOUTHWEST 10TH STREET OVERLAY DISTRICT" AND SECTION 4.5.11 "CARVER ESTATES OVERLAY DISTRICT" CREATING OVERLAY DISTRICTS WHICH ARE ENTITLED TO DENSITY BONUSES FOR THE PROVISION OF WORKFORCE HOUSING UNITS. TO: SUBJECT: BACKGROUND On October 19, 2004 the City Commission approved Comprehensive Plan Amendment 2004-2 which included text changes to the Residential Medium land use description. The language was amended to allow increases in densities in an overlay district in the Southwest Neighborhood Redevelopment Area consistent with the adopted Southwest Area Neighborhood Redevelopment Plan. These increases are allowed subject to a density bonus program outlined in this ordinance. At this same meeting of October 19, 2004 the City Commission considered a first reading of a rezoning request for the Cottages of Banyan (Southwest corner of Southwest 10th Street and Swinton Avenue) from R-1-A and CF to RM. As part of the request, and to achieve consistency with the Comprehensive Plan and the Southwest Area Neighborhood Redevelopment Plan, the developer has voluntarily agreed to provide a minimum of 20% workforce housing units. The workforce housing requirements were to be enforced utilizing a restrictive covenant specific to this development. After discussing the methods of conveying the workforce units the City Commission continued the request and gave direction to Staff to accelerate the density bonus ordinance being created in conjunction with the Southwest Area Neighborhood Redevelopment Plan and add this property. This Family Workforce Housing ordinance is now before you for consideration. ANALYSIS The proposed ordinance and related LOR amendment includes the creation of three overlay districts in which density bonuses are awarded for the provision of workforce housing in the very low, low or moderate category. The three districts include the Southwest Neighborhood Overlay District, Southwest 10th Street Overlay District, and Carver Estates Overlay District. The creation of the Southwest Neighborhood Overlay District, the boundaries of which are depicted on page 6 of the attached ordinance, is being implemented as directed in the adopted Southwest Area Neighborhood Redevelopment Plan. The other districts (noted on pages 3 and \CD City Commission Documentation November 16, 2004 Density Bonus 7) are being created to accommodate a privately initiated development application and the future redevelopment and expansion of the Carver Estates development. The goal of each of the Districts is to assure that as development occurs an affordable workforce housing component is included and to provide opportunities for existing residents to remain in the area. In the Southwest Neighborhood Overlay District the density program would allow additional density above 12 units to the acre to a maximum of 24 units per acre, based upon provision of workforce housing units. The bonus would vary based upon affordability, home size, and ownership vs. rental units. Greater bonus units are allotted for very low vs. low or moderate, for larger 4 or above bedroom homes vs. 3 bedroom homes, and for ownership units vs. rental units. The resulting workforce housing units can be integrated into the project or provided offsite with the Delray Beach CSDG (Community Development Block Grant) target area (page 4 of the ordinance). Instead of, or in addition to providing workforce units, bonus units could be awarded by contributing to a housing trust fund ($60,000 per bonus unit) or by donating land (buildable lots). In these cases the housing trust would utilize the money to fund activities necessary to provide workforce housing. With the donation of buildable lots a bonus unit would be awarded for each $60,000 of assessed value. The workforce housing units are to be compatible in exterior design, appearance, construction and quality of materials and contain comparable HVAC systems and appliances as the proposed market units. Further, the developer shall endeavor to provide workforce housing units that include unit types in the same proportion as the market rate units. All workforce housing units are to remain affordable for a period of no less than 30 years and will be enforced through recorded deed restrictions. With the Carver Estates and Southwest 10th Street Overlay Districts a maximum of 12 units per acre is allowed. To achieve the maximum of 12 units per acre the developments must substantially meet the existing performance standards as well as provide a minimum of 20% workforce housing units. As with the Southwest Neighborhood Overlay District the workforce housing units are to be compatible in exterior design, appearance, construction and quality of materials and contain comparable HVAC systems and appliances with the market units. Further the developer shall endeavor to provide workforce housing units that include unit types in the same proportion as the market rate units. Notwithstanding the above within the Southwest 10th Street Overlay District at least 75% of the workforce housing units shall be 3 bedroom units offered for initial sale not to exceed $225,000 and 25% of the workforce housing may be 2 bedroom units offered at the low income afford ability rate. All workforce housing units are to remain affordable for a period of no less than 30 years and will be enforced through recorded deed restrictions. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. This amendment furthers the following Comprehensive Plan policy and is consistent with the recently modified Future Land Use Element Medium Density residential text description. Future Land Use Element Policv C-1.7 The following pertains to the Southwest Neighborhood Redevelopment Area: This area is ~enerallY defined as the area bounded by West Atlantic Avenue on the north, Southwest 10t Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. 2 City Commission Documentation November 16,2004 Density Bonus Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. [Added by Amendment 04-1] Recently amended Medium Density residential text reads: This designation is applied to land which is developed, or is to be developed, at a density between five and twelve units per acre. Residential density is limited to a maximum of 12 dwelling units per acre, except within the portion of the Southwest Neighborhood Area Overlay District, between the commercial area along West Atlantic Avenue and Southwest 2nd Street, from Swinton Avenue to Interstate 95, where the density may exceed 12 units per acre, up to a maximum of 24 units per acre subject to conditional use approval and the recommendations and strategies outlined in the Southwest Area Neighborhood Redevelopment Plan. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. [Added by Amendment 04-2] PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board will consider this ordinance at their November 15, 2004 meeting and the results will be reported to the Commission at their November 16, 2004 meeting. CRA Review The CRA reviewed the LDR amendment at their November 11, 2004 meeting and unanimously recommended approval. WARC Review The West Atlantic Redevelopment Coalition considered the amendment at their November 10, 2004 meeting and unanimously recommended approval of the amendment. Other A public meeting was held at Old School Square on November 8, 2004 to discuss this ordinance. While attendance was light there was overwhelming support for the ordinance. 3 City Commission Documentation November 16, 2004 Density Bonus RECOMMENDED ACTION By motion, approve the amendment to the Land Development Regulations to create a new Article 47 "Family/Workforce Housing", amending Section 4.4.6(H)(6) by enacting "Density Bonuses" and Article 4.5 "Overlay and Environmental Management Districts" by enacting Section 4 5.9 "Southwest Neighborhood Overlay District"; Section 4.5.10 "Southwest 10th Street Overlay District"; and Section 4.5.11 "Carver Estates Overlay District" creating overlay districts which are entitled to density bonuses for the provision of workforce housing units by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on December 6, 2004. Attachment: Proposed Ordinance 4 ORDINANCE NO. 66-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, TO CREATE A NEW ARTICLE 4.7, "FAMIL YIWORKFORCE HOUSING", PROVIDING FOR REGULATIONS AND INCENTIVES TO BUILD WORKFORCE HOUSING AND ENSURING THAT THE CITY HAS SUFFICIENT FAMIL YIWORKFORCE HOUSING; AMENDING 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT" BY ENACTING 4.4.6(H)(6), "DENSITY BONUSES", TO PROVIDE FOR DENSITY BONUSES IN CERTAIN OVERLAY DISTRICTS; AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", BY ENACTING 4.5.9, "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT", 4.5.10, "SOUTHWEST 10TH STREET OVERLAY DISTRICT" AND 4.5.11, "CARVER ESTATES OVERLAY DISTRICT", CREATING OVERLAY DISTRICTS WHICH ARE ENTITLED TO DENSITY BONUSES FOR THE PROVISION OF WORKFORCE HOUSING UNITS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, FamilylWorkforce housing affordable to citizens of Oelray Beach is needed in the City; and WHEREAS, the Community Redevelopment Agency conducted a study entitled "Exploring a Community Land Trust for Delray Beach", dated July 19, 2004 which studied the need to preserve lands for workforce housing; and WHEREAS, the City Commission of the City of Delray Beach, Florida, adopts the findings in the Staff Report; and WHEREAS, the City Commission of the City of Delray Beach, Florida, 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. The recitations set forth above are incorporated herein. Section 2. That Article 4.7, "FamilylWorkforce Housing" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: 4.7 FINDINGS (A) The City Commission has determined that there is a severe housing shortage in the City of Delray Beach that is affordable to the everyday working families and citizens of the City; and (B) Florida Statutes § 166.04151 provides that a municipality may adopt and maintain any ordinance that is adopted for the purpose of increasing the supply of affordable housing using land use mechanisms such as inclusionary housing ordinances not withstanding any other provision of law; and (C) The City Commission recognizes that there is a growing gap between housing costs and wages in the City; and (D) The City of Delray Beach has a legitimate public interest in preserving the character and quality of neighborhoods which requires assuring the availability of workforce housing for moderate and lower income persons in the City; and (E) The City recognizes that the need to provide workforce housing is critical to maintaining a diversified and sustainable City having the character and sense of a community where people can live and work in the same area; and (F) The City is encouraging the production and availability of workforce housing and at the same time is cognizant that escalating land costs and rapidly diminishing amounts of land hinder the provision of sufficient workforce dwelling units by the private sector; and (G) The City Commission has adopted the Southwest Area Neighborhood Redevelopment Plan and Comprehensive Plan changes recognizing the need to redevelop the Southwest Neighborhood in a manner that preserves the neighborhood and provides workforce housing. 4.7.1 DEFINITIONS a. Adjusted Median Income (A.MJ.) - The Palm Beach County median income, based on a family of four, as published by Florida Housing Finance Agency. 2 ORD NO. 66-04 b. Affordability Controls - Restrictions placed on dwelling units by which the price of such units and/or the income of the purchasor or lessee will be restricted in order to ensure that the units remain affordable to very low, low, or moderate income households. c. Carver Estates Overlay District - The area shown on the map below. DELRA Y FULL SERVICE CENTER ~ --i .................. SoW 41H ST -I I' - r = § ~-= ~ - ---'- = ~ AUBURN CIRCLE _1' .. I j---- j!: j!: 1--+-'" ~ --,- ~ -~_..... .. .- ~--t - ~-¡- ~ tf) ! TH T STRONG CENTER S W 7TH ST ~ « ~ «- F F ~ ~ ~ n~ ... ... j!: iE j!: ;': :: - ~- ~ on . V1 -- ~- 0 ~ <n ~ V1 -- V1- S.W. 10TH ì----. - ~ .. « dj!: -- 0 ~ V1 / øJ ø$:) <þ$'#~ - <1,'(' ~ I <1,'('rf ~ V1 ~; I'" , L. I ¡ -~1---l_1- I NORTH , "- -~ --- HAITIAN i CA THOLlC I CHURCH ---u--1---__~__ ---~~------ I i r 1--- S W 6TH ST - - ---- -- -- - ---- - ----- I I- - ~-co TH CT i : , 11 (1. r S W 9TH ST DELRA Y BEACH MEMORIAL GARDENS ~-~J LU en ' : S W 9TH C ~ ... -- J _dnJ:. t- O> j!: CD ~ V1 ~ V1 d. City - The City of Delray Beach, Florida. e. Community Development Block Grant (CDBG) Target Area - The area shown in the map below. LAKE I · I , I ST. I · ~, · !!:: , :s: LlJ I . N.W. 2ND ST. ~ ~ . o I cc . Q; I ~; ATLANTIC I I I . CI) . S. W. 2ND ST. fa · a:: · !!:: ~ I ~ ~ ~ (,) . :.:: , '« '« CC, ¡!: ¡!: i§\ ~ co ... .... . '" . ~ ~ .-. ~ I c¡j c¡j ~ CI) I '" ...... . .... . S. W. 10TH ST. :.:: ':;: ........ . .... a:: . ~ ~ a:: . '« >< · ¡!: ~I . ~ . ~ -¡- · c¡j I ~ 11f~ LINTON 4 ORD NO. 66-04 f. CRA - The Delray Beach Community Redevelopment Agency. g. Density Bonus Program - The Density Bonus program is an incentive program intended to encourage developers to build affordable owner-occupied and rental housing within Delray Beach's Community Development Block Grant (CDBG) target area. The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. h. Density Bonus Unit - An additional dwelling unit added above the base number of units authorized once performance standards have been applied and the density has been computed under existing codes. i. Development - A housing development at one location including dwelling units for which approvals have been granted. j. Eligible Occupant - A person who qualifies for participation in the program. Priority will be given to persons who have lived or worked within the City limits of Delray Beach continually for one year immediately prior to the date of application for a workforce housing unit related to the Density Bonus Program and who qualify for participation in the program. k. First Time Home Buyer - A person who has not held ownership in a residence within the past three years. I. Household - A single person living alone, or two or more persons sharing residency, with a combined income available to cover household expenses. m. Low Income Household - A household with a gross, combined income between 61 % and 80% of the Palm Beach County Adjusted Median Income (as defined by the Florida Housing Finance Authority). n. Moderate Income Household - A household with a gross, combined income between 81 % and 120% of the Palm Beach County Adjusted Median Income (as defined by the Florida Housing Finance Authority). 5 ORD NO. 66-04 o. Southwest Neighborhood Overlay District - The area zoned RM between Interstate 95 and N.W. 1st Avenue, and Atlantic Avenue to S.W. 2nd Street as shown in the map below. P()jIP£Y PARK I , . I_ ~ \> ~ w CITY D IT:rnillillDD~tJJÐ[ffi':' ITfDJ : D'DDnnnn:nnDOncr1D:DC=:JD~ D f]ô C()jIWUNITY nn I 2 ,,' ~~b;DDLY D '~ ~ ,= ~- b!d = . :~-'{Tl~61ßlA11fln~ ª m~rn / I;. I . .-. Sf ,,~ > û{" ':' ¡ '-I - ¡~ml 71 - · - --~~~ ~l~ñ lnr" i" ]ll"l:J)I'Brn Ir f1! n 'I' il. 6 ORD NO. 66-04 p. Southwest 10th Street Overlay District - The area at the Southwest comer of Swinton Avenue and 10th Street as shown in the map below. PlN£ GRO~ rLOI(NTARY S0100l i ~CU7"E Q(JAR I£RS « w --- ~ --- ! FALL RIDGe OF OCLRA Y HARBOURS £IJŒ ¡ ~ - ----r-..,..--,- 7 ORD NO. 66-04 q. Very Low Income Household - A household with a gross, combined income not exceeding 60% of the Palm Beach County Adjusted Median Income (as defined by the Florida Housing Finance Authority). r. Workforce Housing Unit - A dwelling unit for which the rent or mortgage payment (including principal, interest, taxes and Insurance P.I.T.I.) does not exceed 35% of the gross income of households that classify as very low, low, or moderate income households and meets the other requirements of the FamilylWorkforce Housing Program. 4.7.2 APPLICABILITY Except as otherwise provided in this ordinance, these regulations shall apply only to development applications consistent with the following conditions: a. Development must be located within the established Southwest Delray Beach Overlay District, the Southwest 10th Street Overlay District, or the Carver Estates Overlay District to qualify for participation in the Density Bonus Program. b. In order to qualify for a density bonus, a project must consist of at least five new or substantially rehabilitated dwelling units. c. The developer or responsible party must provide relocation assistance at a minimum of $2,500.00 per household to very low and low income residents that are displaced as a result of the proposed project. d. In the Southwest 10th Street Overlay District and in the Carver Estates Overlay District, at least twenty percent of all residential units must be workforce housing units. 4.7.3 PROVISION OF WORKFORCE HOUSING UNITS Developers will be awarded density bonus units (additional market rate units), beyond the base number allowed per existing zoning ordinance after performance standards have been met, as an incentive to provide affordable housing unit, subject to the limits and requirements of this chapter. 8 ORD NO. 66-04 a. Developers may eam bonus units by building housing for very low, low or moderate income families within the designated boundaries of the Overlay Districts. 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 development, which are regulated in terms of: i. Sales price or rent levels; and ii. Marketing and initial occupancy; and iii. Continued requirements pertaining to resale or rent increases. 4.7.4 DENSITY BONUS PROGRAM FOR NEIGHBORHOOD OVERLAY DISTRICT THE SOUTHWEST Developers of property in the Southwest Neighborhood Overlay District that meet the minimum standards will earn bonus units for building workforce housing for very low, low and moderate income families. a. The size of the bonus varies based on several factors including: i. Affordability (i.e., homes affordable to very low, low, or moderate income families) ii. Home Size (i.e., workforce housing units with four or more bedrooms are awarded larger bonuses) iii. Ownership versus Rental (i.e., larger bonuses are awarded for workforce housing units offered for sale to low and very-low income families and larger bonuses are awarded for ownership versus rental units.) b. To be eligible for bonus units, developers must meet one or more of the following criteria: 9 ORD NO. 66-04 i. A designated number of the total units are restricted to very low income households, and/or ii. A designated number of the total units are restricted to low income households, and/or iii. A designated number of the units are restricted to moderate income households c. Workforce housing units may be located off-site provided the off- site location chosen is within the Delray Beach CDBG target area. d. The bonus allowances are set forth in Table 1 below. TABLE 1 DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT OPTION SALE BONUS PER WORKFORCE UNIT PROVIDED VERY LOW 60% LOW 80% - 61 % MODERATE 120% -81 % 4 3 2 OPTION RENT BONUS PER WORKFORCE UNIT PROVIDED VERY LOW 60% LOW 80% -61 % MODERATE 120% -81 % 3 2 1 LARGE HOME OPTION 4+ bedroom workforce housing units Additional 0.5 bonus will be added to the bonus provided above in this chart e. Instead of or in addition to providing workforce housing units, developers may also accrue bonus units by contributing to a housing trust fund that will be utilized to subsidize workforce 10 ORD NO. 66-04 housing in the CDBG target area. Developers may earn one bonus unit for each payment of a sum equal to $60,000 payable to the FamilylWorkforce Housing Trust. f. Also, instead of or in addition to providing workforce housing units, developers shall earn bonus units by donating land (buildable lots) in the CDBG area of the City Delray Beach to be used for workforce housing. The appraised value of donated land will be valued in accordance with subsection e. above and may be prorated. The appraisal shall be obtained by developer at developer's cost. g. The maximum total density of a development shall not exceed 24 units per acre. 4.7.5 DENSITY BONUS PROGRAM FOR THE SOUTHWEST 10th STREET OVERLAY DISTRICT AND THE CARVER ESTATES OVERLAY DISTRICT Developers of property in the Southwest 10th Street Overlay District and the Carver Estates Overlay District shall develop the properties to afford a minimum of twenty percent of the residential units as workforce housing units. a. The twenty percent that are developed as workforce housing units must contain units that are affordable to very low, low or moderate income families. b. In the Southwest 10th Street and Carver Estates Overfay Districts, the maximum density allowed is the maximum zoning density allowed in the zoning district. To obtain the maximum density allowed in the zoning district, not only must a minimum of twenty percent of the residential units be developed as workforce housing, but all the performance standards that allow increased density shall also be substantially met. c. Workforce housing units may be located off-site provided the location chosen is within the CDSG area of the City of Delray Beach. d. All sections of Chapter 4.7 apply to the Southwest 10th Street and Carver Estates Overlay Districts except for Sections 4.7.4 and 4.7.11. 11 ORD NO. 66-04 4.7.6 RENTAL HOUSING UNITS a. A covenant shall be recorded in the Public Records specifying the income level served, rent levels, reporting requirements and all restrictions applicable to the workforce housing units. All leases shall contain language incorporating covenants applicable to the workforce housing unit and reference recorded covenants. b. Units targeted to vel}' low income households under the 60% affordability level of the Palm Beach County median income, adjusted for family size, shall not have rental rates that exceed 100% of the HUD determined fair market rent for the area. c. Units targeted to low income households at 61% to the 80% affordability level of the Palm Beach County median income, adjusted for family size shall not have rental rates that exceed 120% of the HUD determined fair market rent for the area. d. Units targeted to moderate income households at 81% to the 120% affordability level of the Palm Beach County median income, adjusted for family size, shall not exceed 140% of the HUD determined fair market value. e. No workforce house units shall be offered for rent to the general public until all requirements of this section are met. 4.7.7 FOR SALE HOUSING UNITS a. All deeds shall include the restrictive covenants applicable to workforce housing units. All sales contracts shall state that the unit is part of a workforce housing program and subject to Section 4.7 of the Land Development Regulations of the City. b. All purchasers of workforce housing units shall be very low, low or moderate income households; provided, however, in exceptional circumstances when persons in households above the moderate income level are displaced due to redevelopment or catastrophic events, the persons so affected shall also be eligible for workforce housing. Under these circumstances, the Density Bonus Allocations under Section 4.74 shall be for moderate income households. 12 ORD NO. 66-04 c. Owners of workforce housing units shall be required to occupy the unit unless evidence is presented indicating that the owner is unable to continuously occupy the unit due to illness or incapacity. d. Closing costs and title insurance shall be paid pursuant to the custom and practice in Palm Beach County at the time of opening of escrow. No charges or fees shall be imposed by the seller on the purchaser of a workforce housing unit which are in addition to or more than charges imposed upon purchasers of market rate units, except for administrative fees charged by the City/CRA, or their designee. e. Sales prices for workforce housing units will be calculated on the basis of: i. The sales price of a new structure for low and very low households may not exceed the maximum price established by the Community Improvement Department under the approved Local Housing Assistance Plan (LHAP). ii. For moderate income households, the maximum price shall be established by the Community Improvement Department based on a formula that considers the prevailing mortgage interest rates, as approved by the City Commission by resolution. f. No workforce housing units shall be offered for sale to the general public until all requirements of this chapter are met. 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 no less than thirty (30) years commencing from the date of initial occupancy of the unit. 13 ORD NO. 66-04 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: i. Transfers by inheritance to the purchaser-owne"'s spouse or offspring, or; ii. Transfers of title to a spouse as part of a divorce dissolution proceeding, or; iii. Acquisition of title or interest therein in conjunction with marriage. g. No resales of workforce housing units shall be completed until the requirements of this chapter are met. 4.7.9 GENERAL PROVISIONS a. 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. 14 ORD NO. 66-04 b. Workforce housing units within a market rate inclusive development 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 HV AC systems and appliances with market rate units and provide them as standard features. 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 2 bedroom workforce units to total workforce units may not exceed the proportion of 2 bedroom market rate units to total market rate units. ii. 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. iii. 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. iv. 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. v. 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. vi. Notwithstanding Section 4.7.9 c. i., ii, iii, and iv. above, in the Southwest 10tti 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% 15 ORD NO. 66-04 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 one bedroom units shall be allowed under the family/workforce housing program. 4.7.10 REVIEW AND APPROVAL PROCESS a. Final Approval Conditions: Final conditions of approval shall specify that the restricted units are priced and/or rented at workforce housing levels and shall state that those units shall be rented and/or sold to the eligible income group. The conditions will also specify the requirements for reporting to the City's Community Improvement Department on buyer eligibility, housing prices, as well as any applicable requirement to record a covenant or to enforce resale restrictions. 4.7.11 DENSITY BONUS TABLES a. The Density Bonus Tables shown below apply to the Southwest Neighborhood Overlay District only and are provided to illustrate bonus densities under various parcel sizes, unit types and income eligibility; however, the density bonus allocations contained in Table 1 shall control densities in the Southwest Neighborhood Overlay District. 16 ORD NO. 66-04 Workforce Housing Program Density Bonus Allocations Owner Occupied - 2-3 Bedroom Units Very-Low Income (4 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 5 1 4 10 10.0% 1 12 24 9 3 12 24 12.5% 1.5 18 36 14 4 16 34 11.8% 2 24 48 18 6 24 48 12.5% 2.5 30 60 23 7 28 58 12.1% 3 36 72 27 9 36 72 12.5% 3.5 42 84 32 10 40 82 12.2% 4 48 96 36 12 48 96 12.5% Low Income (3 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 4 2 6 12 16.7% 1 12 24 8 4 12 24 16.7% 1.5 18 36 12 6 18 36 16.7% 2 24 48 16 8 24 48 16.7% 2.5 30 60 20 10 30 60 16.7% 3 36 72 24 12 36 72 16.7% 3.5 42 84 28 14 42 84 16.7% 4 48 96 32 16 48 96 16.7% Moderate Income (2 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 12 3 3 6 12 25.0% 1 12 24 6 6 12 24 25.0% 1.5 18 36 9 9 18 36 25.0% 2 24 48 12 12 24 48 25.0% 2.5 30 60 15 15 30 60 25.0% 3 36 72 18 18 36 72 25.0% 3.5 42 84 21 21 42 84 25.0% 4 48 96 24 24 48 96 25.0% 17 ORD NO. 66-04 Workforce Housing Program Density Bonus Allocations Owner Occupied - 4+ Bedroom Units Very-Low Income (4.5 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 12 5 1 4 10 10.0% 1 12 24 10 2 9 21 9.5% 1.5 18 36 14 4 18 36 11.1% 2 24 48 19 5 22 46 10.9% 2.5 30 60 24 6 27 57 10.5% 3 36 72 28 8 36 72 11.1% 3.5 42 84 33 9 40 82 11.0% 4 48 96 38 10 45 93 10.8% Low Income (3.5 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 5 1 3 9 11.1% 1 12 24 9 3 10 22 13.6% 1.5 18 36 13 5 17 35 14.3% 2 24 48 17 7 24 48 14.6% 2.5 30 60 22 8 28 58 13.8% 3 36 72 26 10 35 71 14.1% 3.5 42 84 30 12 42 84 14.3% 4 48 96 35 13 45 93 14.0% Moderate Income (2.5 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 12 4 2 5 11 18.2% 1 12 24 7 5 12 24 20.8% 1.5 18 36 11 7 17 35 20.0% 2 24 48 15 9 22 46 19.6% 2.5 30 60 18 12 30 60 20.0% 3 36 72 22 14 35 71 19.7% 3.5 42 84 25 17 42 84 20.2% 4 48 96 29 19 47 95 20.0% 18 ORD NO. 66-04 Workforce Housing Program Density Bonus Allocations Rental - 2-3 Bedroom Units Very-Low Income (3 units Der 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 4 2 6 12 16.7% 1 12 24 8 4 12 24 16.7% 1.5 18 36 12 6 18 36 16.7% 2 24 48 16 8 24 48 16.7% 2.5 30 60 20 10 30 60 16.7% 3 36 72 24 12 36 72 16.7% 3.5 42 84 28 14 42 84 16.7% 4 48 96 32 16 48 96 16.7% Low Income (2 units Der 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 3 3 6 12 25.0% 1 12 24 6 6 12 24 25.0% 1.5 18 36 9 9 18 36 25.0% 2 24 48 12 12 24 48 25.0% 2.5 30 60 15 15 30 60 25.0% 3 36 72 18 18 36 72 25.0% 3.5 42 84 21 21 42 84 25.0% 4 48 96 24 24 48 96 25.0% Moderate Income (1 unit Der 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 12 0 6 6 12 25.0% 1 12 24 0 12 12 24 25.0% 1.5 18 36 0 18 18 36 25.0% 2 24 48 0 24 24 48 25.0% 2.5 30 60 0 30 30 60 25.0% 3 36 72 0 36 36 72 25.0% 3.5 42 84 0 42 42 84 25.0% 4 48 96 0 48 48 96 25.0% 19 ORD NO. 66-04 Workforce Housing Program Density Bonus Allocations Rental- 4+ Bedroom Units Very-Low Income (3.5 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 5 1 3 9 11.1% 1 12 24 9 3 10 22 13.6% 1.5 18 36 13 5 17 35 14.3% 2 24 48 17 7 24 48 14.6% 2.5 30 60 22 8 28 58 13.8% 3 36 72 26 10 35 71 14.1% 3.5 42 84 30 12 42 84 14.3% 4 48 96 35 13 45 93 14.0% Low Income (2.5 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 4 2 5 11 18.2% 1 12 24 7 5 12 24 20.8% 1.5 18 36 11 7 17 35 20.0% 2 24 48 15 9 22 46 19.6% 2.5 30 60 18 12 30 60 20.0% 3 36 72 22 14 35 71 19.7% 3.5 42 84 25 17 42 84 20.2% 4 48 96 29 19 47 95 20.0% Moderate Income (1.5 units Der 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 2 4 6 12 33.3% 1 12 24 4 8 12 24 33.3% 1.5 18 36 6 12 18 36 33.3% 2 24 48 8 16 24 48 33.3% 2.5 30 60 10 20 30 60 33.3% 3 36 72 11 25 37 73 34.2% 3.5 42 84 14 28 42 84 33.3% 4 48 96 16 32 48 96 33.3% 20 ORD NO. 66-04 Section 3. That Chapter 4, Section 4.4.6 of the Land Development Regulations is amended by enacting a new Subsection 4.4.6(H)(6), to read as follows: (6) Densitv Bonuses. Densitv bonuses may be oranted as a Conditional Use to elioible properties ooverned by reoulations set forth in Chapter 4, "Zonino Reaulations", Article 4.4.7. "FamilvlWorkforce Housino". Section 4. That Article 4.5, "Overlay and Environmental Management Districts", is hereby amended by adding 4.5.9, "The Southwest Neighborhood Overlay District", to read as follows: A. Defined: The Southwest Neiohborhood Overlay District is the area zoned RM located between Interstate 95 and N.W. 1st Avenue and Atlantic Avenue to S.W. 2nd Street. The applicable reoulations set forth in Section 4.7. "FamilvlWorkforce Housino" (in addition to applicable Land Development Reoulations) shall apply to this district. Section 5. That Article 4.5, "Overlay and Environmental Management Districts" shall be amended by adding Section 4.5.10, "The Southwest 10th Street Overlay District" to read as follows: A. Defined: The Southwest 10th Street Overlay District is located between S.W. 10th Street to the north and Reiale Avenue to the South and between Swinton Boulevard to the east and S.W. 2nd Avenue, if it was extended to Reiole Avenue, to the west. The application reoulations set forth in Section 4.7, "Family Workforce Housino" shall apply to the Southwest 1 Oth Street Overlav District in addition to other applicable Land Development Reoulations. Section 6. That Article 4.5, "Overlay and Environmental Management Districts" shall be amended by adding Section 4.5.11, "The Carver Estates Overlay District", to read as follows: A. Defined: The Carver Estates Overlay District covers two areas shown on the map in Section 4.7.1 c of the Land Development Reoulations. The applicable reoulations set forth in Section 4.7, "FamilylWorkforce Housino", shall applv to the Carver Estates Overlav District in addition to other applicable Land Development Reaulations. 21 ORD NO. 66-04 Section 7. That should any section or provIsion of this ordinance or any portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2004. ATTEST: City Clerk MAYOR First Reading Second Reading 22 ORD NO. 66-04 vŒ-C·. C tLr-D( tl h n ¿.. [1r<1<- ') CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO CREATE A NEW ARTICLE 4.1, HFAMILY /WORKFORCE HOUSING"; AMENDING 4.4.6, IIMEDIUM DENSITY RESIDENTIAL (RM) DISTRICT" TO PROVIDE FOR DENSITY BONUSES; AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS" BY CREATING OVERLAY DISTRlaS WHICH ARE ENTITLED TO DENSITY BONUSES FOR THE PROVISION OF WORKFORCE HOUSING UNITS The City Commission of the City of Delroy, Beach, Florida, proposes to adopt the following ordinance ORDINANCE NO. 66-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DElRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, TO CREATE A NEW ARTICLE 4 7, "FAM- ILY /WORKFORCE HOUSING", PROVIDING FOR REGULATIONS AND INCENTIVES TO BUILD WORKFORCE HOUSING AND ENSURING THAT THE CITY HAS SUFFICIENT FAMILY/WORKFORCE HOUSING; AMENDING 4 4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT" BY ENACTING 44.6(H)(6), "DENSITY BONUSES", TO PROVIDE FOR DENSITY BONUSES IN CERTAIN OVERLAY DISTRICTS; AMENDING ARTICLE 4 5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", BY ENACTlt~G 4 5.9, "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT", 4510, "SOUTH- WEST 10TH STREET OVERLAY DISTRICT" AND 4 5 11, "CARVER ESTATES OVERLAY DISTRICT", CREATING OVERLAY DISTRICTS WHICH ARE ENTITLED TO DENSITY BONUSES FOR THE PROVISION OF WORKFORCE HOUSING UNITS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance The first Pubhc Hearing will be held on TUESDAY, NOVEMBER 16, 2004, AT 7:00 P.M. in the Commission Chambers at City Hall, lOON W 1 st Avenue, Delroy Beach, Florida If the proposed ordinance is possed on first reading, a sec- ond Public Heanng will be held on MONDAY, DECEMBER 6, 2004, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission) All interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments In wnhng on or before the date of these hearings to the Planning and Zoning Deparhnent. For further infonnation or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Deparhnent, City Hall, 100 N.W 1 st Avenue, Delray Beach, Florida 33444 (email at pzmarl@mydelraybeach com) or by calling 561/243-7040}, between the hours of 8:00 a.m. and 500 p.m., Monday through Friday, excluding holidays PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECI- SION 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 EVI- DENCE 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 Cheve1le D. Nubin Acting City Clerk PUBLISH: Monday, November 8,2004 Tuesday, November 30,2004 BOCA RATON/DELRAY BEACH NEWS AD# NSll0417 ~- en "" g '" ::D ~ :::0 o ~ .!:! "" <II ~ ~ z CD =: '" I :!: o :::0 0- ~ Z o < CD 3 a' !!¡ '?" "" o o ... . ~ =: a' o (') '" :::0 CD =: '" (') o 3 c C', [1 Cttol Clt'il¿ -~, - ;. <OT¥ ()f.ÐELRAY BEACH NOTICE OF PRÓPOSED AMENDMENT TO THE LAND DEVELOPMENT REGUlATIONS TO CREATE A NEW--ARTlClE 4.7, uFAMllY /WORKFORCE HOUSING"; AMENDING 4.4.6, uMEDIUM DENSITY RESIDENTIAL (RM) DJSTRla" TO PROVIDE FOR DENSITY BONUSES; AMENDING ARTICLE 4.5, uOVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRlaS" BY CREATING OVERLAY DISTRlaS WHICH ARE ENTITLED TO DENSITY BONUSES FOR THE PROVISION OF WORKFORCE HOUSING UNITS The Cily Commission of !he Ci1y 01 Delroy Beach, Florida, proposes 10 adopt !he foIlòwing ordinance. ORDINAN~~ ~O. 66-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEAÇH, RORIDA, AMENDING THE lAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, TO CREATE A NEW ARTIClE 4 7, *FAM- ILY!WORKFORCE. HOUSING", PROVIDING FOR REGULATIONS AND INCENTIVES TO BUILD WORKFORCE HOUSING AND ENSURING THAT THE CITY HAS SUffiCIENT FAMILY !WORKFORCE HOUSING, AMENDING 4.4.6, "MEDIUM DENSITY RESIDEI'rrIAl (RM] DISTRICT" BY ENACTING 44.6(H)(6], "DENSITY BONUSES", TO PROVIDE FOR DENSITY BONUSES IN CERTAIN OVERlAY DISTRICTS, AMENDING ARTIClE 4.5, "OVERlAY AND ENVIRONMENTAl MANAGEMENT DISTRICTS". BY ENACTING 4.5 9. "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT", 4 5 10, "SOUTH- WEST 10TH STREÉT OVERlAY DISTRICT" AND 4 5 11, "CARVER ESTATES OVERlAY DISTRICT", CREATING OVERLAY DISTRICTS WHICH ARE ENTITlED TO DENSITY BONUSES FOR THE PROVISION OF WORKFORCE HOUSING UNITS, PROVIDING A SAVlNt>S CLAUSE, A GENERAL REPEAlER GAUSE, AND AN EFFECTIVE DATE The G:i1y eommission will conduct two (2) Public Heanngs for !he purpose 01 acc:epIIng public tesbmony regardIng !he proposed ordinance The fll" Public Heànng will be herd!"Í TUESDAY, NO\IEMBER 16,2004, AT 7:00 P4\IL iri the ÇommlSsion Chambers at Cily Hall, lOON W 1 st Avenue, Delroy ~,.fJonda If !he P"'P9sed ordinance is passed on lirst reading, a sec- ond Public Hearing will be held on MONDAY, DECEMBER 6, 2004, AT 7:00 P.M. jor at any continuallon of such meeting wh,ch is set by !he Commissiòn] - " <'.~ , AIÎ- ÌtI~ citizens arø inYitecIlo attend the public hearings and comment upon the ~ órdinance or submit-!heir comments in writing on or before the dote of!hsse hearings 10 the PlannIng and Zoning Depar1ment. For fvnher inbmalion or 10 obtain a copy 01 the proposed ordinance, please contact !he Planning and Zoning Department, City Hall, 100 N.W. 151 Awnue, Delroy Beach, Florida 33444 [emaiI at pzmallOmydelrqybeach roml or by oolling 561/243-7040), between !he hours of 8-00 a.rn and 5 00 p.rn:, MondaY !hrough Friday, excluding holidays PlEASE BE ADVISED THAT IF A PERSON DEODES TO APPEAL ANf DEQ- $ION MADE BY THE CITY COMMISSION WITH RESPECT TO ANf MATTER CONSIDeRED AT THESE HÉAAlNG5', SUOí PEf¡S(')N- MAY NEED TO ENSURE THAT A VERBATIM RECOÌID INClUùES THE TESTIMONY AND EVI- DENCE UPON WHICH THE APPEAL IS TO BE BASED THE CITY DOES NOT PROVIDE NOR PREPARE SUCH1ŒCORD PURSUANT TO F S. 286.01 05. CITY OF DBRAY BEACH a-eIIe D. Nubin ActIng, City Clerk PUBUSH: Monday, November 8, 2004 TuescIaý, Nov.nber 30, 2004 BOCA RATON/DElRAY BEACH NEWS ADt NSll0417 00 '" ~ ~ õ' <!. :i' .i '" .. ~ I I <?! :: a. ~ ~ ~ !!¡ '" ~ g- [ ~ c ~ ~ '" !!¡ N <> <> ... . ! i ! " o 3