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Ord 18-06 ;' 'r.... ORDINANCE NO. 18-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING 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; CREATING AN ADDITIONAL DISTRICT ENTITLED "INFILL WORKFORCE HOUSING AREA"; PROVIDING A REQUIREMENT FOR THE PROVISION OF WORKFORCE HOUSING WHERE INCREASED HEIGHT AND/OR DENSITY IS REQUESTED AND ALLOWED; 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, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on February 27,2006 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, The City Commission of the City of Delray Beach, Florida, adopts the finds 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. 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 amended to read as follows: SECTION 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. (H) The City Commission desires to establish an additional workforce housina overlav district known as the Infill Workforce Housina Area for certain 2 ORD. NO. 18-06 ( \ properties located west of the I ntracoastal and east of 1-95. outside of the coastal hiah hazard area and as depicted on the map attached and made a part of Article 4.7. (I) The City Commission also desires to establish additional incentives to encouraae additional FamilylWorkforce Housina. SECTION 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. 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. 3 ORD. NO. 18-06 (, c. Carver Estates Overlay District - The area shown on the map below. - - '-...../S.W.41H ST. f-- - f-- IIIH'I II - I DELRA Y I----- - r-- I - FULL SERVICE '--- --" - S.W. +TH ST. I - . CENTER ~ 0:: ~ ~ _0:: < - _I!! < AUBURN CIRCLE NORTH - ~QD - ~ "- -~ ~ 10 ~ -~ ~ ~ r-- HAmAN - - ~ ~.... CA THOLlC -~ ~ ~ 13 <v~ CHURCH I en vi vi =--- ~ 11TH ST. ~ ci S.W. 6TH ST. AUBURN DR. 13 STRONG ~ z Z 0:: 0:: :> :> al al :> :> < < R-~ '--- (O..:s J AUBURN CIR. S. ti' CENTER AUBURN S.W. 7TH ST. TERR. SO. == - ~ s. W. 7TH ST. == - == - == == - CARVER ES A .- ~ - ~ ~- 110 <== < - ~ - J === - - == S.w. TH CT. S.W. 8,!H ::>1. - === - I ~ ~ -. ~- ~ ~ ~ r-- -m ~ < < < - S.W. 91H ST. - - - ~ r-- Fr-- -~ ~- DELRA Y BEACH ~ - ~ :: f-- -:: 2- MEMORIAL vi ~=== ~ - - GARDENS s. W. 9TH CT. - r-- vi === vi f-- - - JillJ - ~r-- ~ I :f-- - III r-- -~ ~- vi -vi vi- '--- S.W. 10TH ~II'(~~I ~~ WIT ~ JU~ - L~ < - < ~ ~ - ~Q' ~Q' ~ ~ [ ~~ ~~ l ~ 0> 110 ~ ~ Q..~~ Q..~~ f A~ ~ - ~ ~ / vi ~ vi vi vi 4 ORD. NO. 18-06 ) d. City - The City of Delray Beach, Florida. e. Community De\-elopment 810Gk Grant (CD8G) Target Area The area shown in tho map belo'N. ~. CRA - The Delray Beach Community Redevelopment Agency. gf. 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 De'Jelopment Block Grant (CDBG) target area the City of Delray Beach. 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. Ag. 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. ih. Development - A housing development at one location including dwelling units for which approvals have been granted. ;1. 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. kj. First Time Home Buyer - A person who has not held ownership in a residence within the past three years. .~. Household - A single person IiYing alone, or two or more persons sharing residency, with a combined income available to cover household expenses. mi. Infill Workforce Housina Area - The area located west of the Intracoastal Waterway and East of 1-95. outside of the coastal hiah hazard area. as depicted on the maps below: 5 ORD. NO. 18-06 D If.-.. ~ I~ _~\ KGl,(l ~T.R1 i4M BL'f)VD.... I ~ ~J' .... 1/ I IF- />-.. J I ~.. f I" ~ ( ~~~ ,- _ ~ ~ V !- ( I ( r----J ~ - ,,'" 1_ ;-.0 ~ ) 'I.... T _J 'j:' )! _,..J II'Irr::;-g' ~ : ~! !.:Q ~ .. GU~STROf ~-~i~ W ~7~1 I :"~~ : j,:. ~. :.~ ~ ... / ::: =-== HI!. 'n IT :- ~ lID _ I J~ ~/fii.~'~~~~i ..1 MI I :G: ;:: -^ _ i ~~. .. L H'- '.....,........'i:"-..~ ; /~l~~~~~~ ~i ;===" ~....." . I rw IT.q I rr.'I'.Mf r. ~" I 1 N.W 2nlJrlll WI ~rri'~ ~j l 1 -0;::;......."-.1.......... i I I I ,~ i ..... j T I I ~~ . h. " . . I j i ~ / ""'~i .I: ::-.: e!lMl , .....1'. ,;::. 'JII! ~ g; ~~H .l-. T .., C,J' ~ ~ J ......... ,~ , -- " 11 i ~ T ~I '" II I [ 8P 0 II- ~ I- II Infill WOrldOIC8 Housing Area _ 18 Units Per AC/9 ~ Coastal High Hazard Ar9a ~ --,_._,- CllYLJIIq -,-,-,--- c:nYfJI'llS.M'f_ R I'UWMGI__ -- ---- .._--_.. Map 1 6 ORD. NO. 18-06 ,~~, ~ IHI In~ 1\ .'L...II' ... Map 1of3 ~~ - I~ ' CF ImIl li -m I- ~ . I ~ v I~ ~ I rnE:j ~ . I - D N ,. ,.., (;II - I. " (;II III ~ (;II - rai g . 11 ><=> =- ~ .: : ~ u JI 1:111 ~~M ~ ~i ::: ~ ,~ ~ t.(.: !Ill Ii; ts I /19. ~ a jj:i. I I, I...~ ~ ~ ~ c l\€ 1jf ( jl!NTON'j III ;...... ~_ LVi:.t II ~ c 1/ ~ C IIID ~1Il J V~ &J : f? V -~ 1 ~ - - ~~ TIIII \ r1 'ii II / Q) 1 -- .~ .. 'ltap3o'3 Infill WorlcfolCe Housing AlBa _ 18 Units Per Acre ~ Coastal High Hazard Area 7 ~ l7In ... - dl nil ~~~ ~ I .11 " I~ ".~~ ~ '1'jJ 's'l. ... I~m ,~:} ~ mwn ~,,~ '" i ~ ! ~~,~ f ,@ ~ ~ ~~ ~..~~ ! ....m:~ N~~ "" '" '" ~ I ~~~~~ ~ j ~~~ " SS i ~ ,,-" 'o,\;; ~~ ~ ~; ~ "~"" 10 ~ ~ ; ,'" ..;;,. "" ! ~ ~~~ ~ ~ ; ,~ S?/ :~ ~ 1 I" i ~ i 0;; o , " "- ~l "'I ~ j . ~ ~~ I ,,~~ i '~~ lii ! . ,,~~! ",,~~ ! ~ -.-.-.-.- CIlY..... _._._._.- Ctr'fOF........y_'" ~._- -- ---- .._--_.. Map 2 ORD. NO. 18-06 CI) fa ~ ~ (,) Intill Workforce Housing Area _ 18 Units Per ACf8 ~ Coastal High Hazard Af8a ~ -.-.-.-,- CrlYlAIRI -.-.-.-,- cnv tF OB.MY EAOf< A. ~&ZlJl.aDENIffI8IT -.... .....-....''''' ..lI8TAlMll!'IIM'ImIIf.- Map 3 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). 8 ORD. NO. 18-06 an. 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). RO. Other Workforce Housina - Workforce Housina is reauired in areas covered by Land Development Reaulations Section 4.4.13(1 ). where the density is increased: and by Section 4.3.4 (J)(4)(b), where a fifth floor is added to the buildina. 9-:...Q:. 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. IS s: !$ ~ ~ "TTORCI~ry D. :c... <( 00( <:I 4. ,.. ~ [m~uDTID~~\JD ~ [[]]' , ODDunrnl!]oITJf1]fTI',~ O,[]D .=~" [[L.~ > "" DDD D~ D ~,L!J c:::J ~ DO'" D '''""' ~. E ltJDJrn ITJ POMP[Y PARK 9 ORD. NO. 18-06 L Jh9:. Southwest 10 Street Overlay District - The area at the Southwest corner of Swinton Avenue and 10th Street as shown in the map below. CITY OF DELRAY BEACH PUBLIC WORKS COl/PLEX <{ PINe GRO~ E1..E"UrNTARY SCHOO< t ~ MfYAN ........ HARBOURS EDGe 10 ORD. NO. 18-06 Er.L. 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). f:.s. 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. SECTION 4.7.2 APPLICABILITY Except as otherwise proYided in this ordinance, these regulations shall apply only to development applications consistent with the following conditions: a. Subject to restrictions contained in this Article. QQevelopment must be located within the established Southwest Neiahborhood Dolray Beach Overlay District, tho South':lost 10tR Stroot Ovorlay District, 9f the Carver Estates Overlay District. or the Infill Workforce Housina Area to qualify for participation in the Density Bonus Program set forth in this Article 4.7. b. Subject to the restrictions of this Article. developments constructed pursuant to Section 4.3.4(J)(4)(b)ii(1) must provide workforce housina to aualify for an increase in height. c. Subject to the restrictions of this Article. developments constructed pursuant to 4.4.13(1) must provide workforce housina to aualify for increased density. ~ d. In order to qualify for a density bonus, a project must consist of at least five new or substantially rehabilitated dwelling units. The HUD definition shall be used to determine whether there has been substantial rehabilitation. In addition. the units must contain desian features. such as. but not limited to. front porches. eyebrows. outriaaers. aables. dormers. arbors, trellises. shutters. balconies, decorative vents. sidina. textured stucco finishes. undulatina facades and other such appropriate architectural features. 11 ORD. NO. 18-06 G:- e. The developer or responsible party must provide relocation assistance at a minimum of $2,500.00 per each household to vary low and lo'.\' income residents that aFe is displaced as a result of the proposed project. Eh 1:. In the Southwest 10th Street Overlay District and in the Carver Estatas Ovorlay District, at least twenty percent of all residential units must be workforce housing units:- that are affordable to very low. or low. or moderate income families. a. The Carver Estates Overlay District. the Southwest Neiahborhood Overlay District. and the Infill Workforce Housina Area shall contain units that are affordable to very low, or low. or moderate income families. h. Develooments which must provide workforce housina pursuant to Section 4.3.4(J)(4)(b)ii(1) or Section 4.4.13(1) shall contain units that are affordable to low or moderate income families. SECTION 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. 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 and Infill Workforce Housina Area described in this article. b. All development shall meet the requirements for units as specified in this chapter and meet all required Land Development Regulations. c. Workforce units shall include those units in a development, which are regulated in terms of: i. Sales price or rent levels; and ii. Marketing and initial occupancy; and 12 ORD. NO. 18-06 iii. Continued requirements pertaining to resale or rent increases. SECTION 4.7.4 DENSITY BONUS PROGRAM FOR THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT: THE CARVER ESTATES OVERLAY DISTRICT AND THE IN FILL WORKFORCE HOUSING AREA Developers of property in the Southwest Neighborhood Overlay District. the Carver Estates Overlay District and the Infill Workforce Housina Area. 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: 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 targot aroa City of Delray Beach. 13 ORD. NO. 18-06 d. The bonus allowances are set forth in Table 1 below. TABLE 1 DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT. THE INFILL WORKFORCE HOUSING AREA AND THE CARVER ESTATES OVERLAY DISTRICT OPTION SALE NUMBER OF BONUS UNITS PER WORKFORCE UNIT PROVIDED 4 3 2 VERY LOW 60% LOW 80% - 61 % MODERATE 120% - 81 % OPTION RENT NUMBER OF BONUS UNITS PER WORKFORCE UNIT PROVIDED 3 2 1 VERY LOW 60% LOW 80% - 61 % MODERATE 120% - 81 % 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 the Delray Beach Community Land Trust that will be utilized to subsidize workforce housing in the CDBG targot aroa City of Delray Beach. Developers may earn one bonus unit for each payment of a sum equal to $60,000, payable to the Family.'VVorkforce Housing Delray Beach Community Land Trust. f. Also, instead of or in addition to providing workforce housing units, developers shall earn bonus units by donating land (buildable lots) in tho CDBG aroa of in 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. 14 ORD. NO. 18-06 g. The maximum total density of a development in the Southwest Neiahborhood Overlay District and the Carver Estates Overlay District shall not exceed 24 units per acre. The maximum total density of a development in the Infill Workforce Housina Area shall not exceed 18 units per acre. All other Workforce Housina Area densities shall be limited to the maximum allowed in the zonina district and as set forth elsewhere in the Land Development Reaulations. SECTION 4.7.5 DENSITY BONUS PROGRAM FOR THE SOUTHWEST 10th STREET OVERLAY DISTRICT AND TH& CAR\'&R &STAT&S OVERLAY DISTRICT Developers of property in the Southwest 10th Street Overlay District and tho Carvor EEtatoE Ovorlay 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 Chaptor Article 4.7 apply to the Southwest 10th Street and Carvor EEtatoE Overlay DistrictsJ, except for Sections 4.7.4,4.7.11 and 4.7.12. 15 ORD. NO. 18-06 SECTION 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 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. 1:. All Restrictive Covenants shall meet the reauirements of this Article and are subiect to approval of the City Attorney. SECTION 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, or 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. 16 ORD. NO. 18-06 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. 9.:. All Restrictive Covenants shall meet the reauirements of this Article and are subiect to approval of the City Attorney. 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 tRifty f2.tly ~ (40) years commencing from the date 17 ORD. NO. 18-06 of initial occupancy of the unito, subiect to the limits set forth in this section and Section 4.7.9. 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 meetina the reauirements of this Article. 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 18 ORD. NO. 18-06 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 HV AC systems and appliances with market rate units and provide them as standard features. All workforce housina units shall contain comparable sauare footaae to the correspondina 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 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 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% 19 ORD. NO. 18-06 -' ( 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. 1:. Workforce Housina Units constructed accordina to this policy shall be protected for subseauent resale or rental to Workforce Households whose income does not exceed the applicable AMI by deed restrictions or by other eauivalent and effective methods. Conversions of rental units to owner occupied units or vice versa shall reauire the subseauent rental or sale to be for the same workforce housina income cateaorv. j Workforce Housina Units constructed accordina to this policy shall only be rented or sold as a primarv residence. K 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 sublettina or assianment of the respective Workforce Housina Unit to a tenant(s) or purchaserls) whose income exceeds the percent of the AMI under which the unit is oriainally 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 Housina Units. increased at the same rate as the Palm Beach County median income has increased from the initial date of purchase. Prior to the closina on any sale, resale or prior to any rental of any workforce housina unit. the City shall be notified of the sale. resale or rental. 20 ORD. NO. 18-06 I. For both sale and rental of Workforce Housina Units, affordability and occupancy restrictions shall remain in effect for 40 years and shall aoply to any replacement structure or structures constructed if a structure containina a Workforce Housina Unit or Units is demolished or destroyed, provided that if demolition or destruction of a structure containina Workforce Housina Units occurs 35 years after recordina of the restrictions and said demolition or destruction was unintentional. restrictions on the units in the structure shall terminate on demolition or destruction. m. Nothina reauires a workforce household to vacate a rental workforce housina unit or sell a workforce housina unit if the tenant(s) or purchaser (s) income later exceeds AMI. 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 in accordance with this article. 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 Noighborhood OYerlay Distriot 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-:- . the Infill Workforce Housina Area. and the Carver Estates Overlay District. 21 ORD. NO. 18-06 (" Workforce Housing Program Density Bonus Allocations Owner Occupied - 2-3 Bedroom Units Very-Low Income 4 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 5 1 4 10 10.0% 12 24 9 3 12 24 12.5% 18 36 14 4 16 34 11.8% 24 48 18 6 24 48 12.5% 30 60 23 7 28 58 12.1% 36 72 27 9 36 72 12.5% 42 84 32 10 40 82 12.2% 48 96 36 12 48 96 12.5% Low Income 3 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 6 12 16.7% 12 24 8 4 12 24 16.7% 18 36 12 6 18 36 16.7% 24 48 16 8 24 48 16.7% 30 60 20 10 30 60 16.7% 36 72 24 12 36 72 16.7% 42 84 28 14 42 84 16.7% 48 96 32 16 48 96 16.7% Moderate Income 2 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 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% 22 ORD. NO. 18-06 (" Workforce Housing Program Density Bonus Allocations Owner Occupied - 4+ Bedroom Units Very-Low Income 4.5 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 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 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% Moderate 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% 23 ORD. NO. 18-06 (' Workforce Housing Program Density Bonus Allocations Rental - 2-3 Bedroom Units Very-Low Income 3 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 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 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 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 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 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% 24 ORD. NO. 18-06 ("' 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% 25 ORD. NO. 18-06 ( \ 4.7.12 OTHER INCENTIVES. (a) In order to address a shortaae of workforce housina units. incentives have been added to induce the construction of workforce housina units in the City. In addition to the other incentives contained within this article. lots of record that have at least 40 feet of frontaae may be used for Workforce HousinQ. as lona as the workforce housina unit meets the typical desians represented bv the sketches set forth below and the additional reauirements of 4.1.4(D) as well as other applicable code provisions are met. 26 ORD. NO. 18-06 ~ LMNG 17" X 1:1" MASTER BEDROOM a" x u" EHI'RY POACtI UPPER FLOOR MAIN FLOOR Upper Floor Main Floor Total Uvilll Area Basement S6S sq. ft. 840 sq. ft. 1,405 sq. n. 840 sq. ft. Footprint 30'-0" x 36'-0" 3 Bedrooms Z Bathrooms Basement, Crawlspac:e or Slab Foundation T~rJ;:l' .rrT" J!L.~.. 'Jlli.' ~;"-~--:-:_.:.-' ~~~' 27 ORD. NO. 18-06 ~ I IDIIDCIII , ....- MAIN FLOOR UPPER FLOOR Upper Floor 480 sq. ft. Main Floor 1.238 sq. ft. Total Living Area 1,718 sq. ft. 2+ Bedrooms 3 Bathl'OODlS Crawlspace Foundation Footpriat 30'.4" x 47'.0" 28 n~"ml '~r ....~. .":'.1. il!I!Il~ :;.";'.:..:.'~." ....-r-t~:1 .r~- i.illi!ll : i II..J~ L.:... ORD. NO. 18-06 (' ~ I' ! ~ .... -t ",'l".-1 '. . '.. :;-t, '.. ~. ',~ ~ . '..,.;.. 'J:' ,- . "-"." . . -;.li',;'.-~~:~:.'::,~~:"~~'::~ . ,~ - J~ -~~:> ,- I ...'" JO-fr .," UPPER FLOOR GREAlROOM 1'7-6'll1S'-7' 100.craa PORCH 2O'4'ldlO' 1O'4I'Q8 MAIN FLOOR Upper Floor 698 sq. fl 3 Bedrooms HI. )UIJ Main Floor 1.080 sq. fL Footpriat 21{ Bathrooms Total Lh1ng Ana 1,778 sq. n. 30'.0" It 62'.0" Crawlspac:e., Slab . - --. ._,.. J ----- m"~-- Basement ) ,080 sq. ft. or Basemeat · ~]i n Foundation .,' , t _ L-.L.--'- 29 ORD. NO. 18-06 "...-_----------, =====-==:===If:====. I :: I III CARPORT II W4'.1D'-e" II I III II II DINING 5'..... &'''''" ~ o ::c .... o C ~ UVlNG 12'-lI". w-r ..ORCH T"..".IlI'''''" Main Aoor Total Uving Area 978 sq. fL 978 sq. n. Footpriut 30'-0" x 48'-0" 3 Bedrooms 1 Bathroom Slab Fouadatioo Tiii rr"'" 'Ill . ..:.'. J:~.. '. ~;;.L;;. .-=--' .-.. . ,_'::':";'-.'.~ !iM'II! " . u...J 30 ORD. NO. 18-06 - -~ ~ .w-..,' .==. ...." UPPER. FLOOR. MAIN FLOOR. Upper floor 681 sq. fL Main Floor 106 sq. ft. 'IbtaI UvinI Area 1,387 sq. I't. Footprint 28'.0" II 16'-4" 2 Bedrooms 21IJ Bathrooms Crawlspace or SlabFOUDdaliOD lIU(,~ ....-" . \.. . r'--- - m..- : ~~" " "r'i--':' , I II I : . . __ l t_..L.l. 31 ORD. NO. 18-06 ,--- I I I I I I I I \.MNG IWOM .......... t ~ ~ ... o c tt DINfoIG .-r..... M. eEOIWOM fI" ..., .'4' Main Aoor 1.234 sq. ft. Total Living Area 1,234 sq. n. Footprint 30'-0" x 54'-0" 2 Bedrooms 2.Batbrooms Slab Foundation Tin .fFTl ~!~I!.:, ~..! T-~~ '~I '.. ;;~rLL I. , ~ . I ~ : ;.: i j 32 ORD. NO. 18-06 / { -rx* ....... . :e ~ - MAIN FLOOR UPPER FLOOR Upper Floor 681 sq. fL Main Floor 706 sq. fl. Total Uving Area 1,387 sq. fL 2 Bedrooms 21Ja Bathrooms Crawlspace or Slab FOUDdadon Footprint 28'.11" x 76'.10" 33 ~~:l.- UIlIJIi. ,f ' -----.". ,.---..' g' ..... ,-::).;.:-~-..,. I .. l" I I i : i,!l i ! ORD. NO. 18-06 ( Section 15. 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 16. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 17. That this ordinance shall become effective upon its passage on second and final reading. Pt-~~ED AND ADOPT D in regular session on second and final reading ~ day of' ,2006. on this the ATTEST: ~o~~ ~~~.~~ City Clerk First Reading ~ Second Reading 4\\ \~ 34 ORD. NO. 18-06 MEMORANDUM FROM: MAYOR AND CIlY COMMISSIONERS CIlY MANAGER PM. TO: SUBJECT: AGENDA ITEM # \ 0 C ORDINANCE NO. 18-06 HEARING) MARCH 31, 2006 - REGULAR MEETING OF APRIL 4. 2006 (SECOND READING/SECOND PUBLIC DATE: This Ordinance is before Commission for second reading and second public hearing for a City initiated amendment to Land Development Regulations (LDR) Article 4.7, "Family Workforce Housing". The Ordinance modifies the Workforce Housing Ordinance, Article 4.7 of the L.D.R.s. It establishes an additional workforce housing overlay district, known as the Infill Workforce Housing Area, located east of 1-95 and west of the Intracoastal outside of the coastal high hazard area for properties predominandy zoned RM. It provides for the use of dormers, porches, and other architectural features. It provides that the Infill Workforce Housing Area Overlay District density shall not exceed 18 units per acre. It strengthens the covenants and restrictions requiring the workforce housing restrictions to remain in effect for 40 years instead of 30 and applies the requirements to resales, conversions of rentals to owner occupied property and provides for notice to the City. The Ordinance references other incentives such as the ability to use lots of record of at least 40 feet for workforce housing as long as certain designs are used and other criteria is met. The designs are included in the ordinance. The Family/Workforce Housing Ordinance, adopted by the Commission on December 6, 2004, includes incentives to provide workforce housing by allowing density bonuses within the Southwest Neighborhood Overlay District. The program is being expanded to provide additional opportunities and incentives for the provision of workforce housing. Additional information can be found in the attached Planning & Zoning memo. On February 27, 2006, the Planning and Zoning Board held a public hearing in conjunction with the request. There was one member of the public that spoke in support of the amendment. After reviewing the staff report, the Board voted 7-0 to recommend that the request be approved by adopting the findings of fact and law contained in the staff report, finding that the request is consistent with the Comprehensive Plan, and finding that the request meets the criteria set forth in Land Development Regulations (LDR) Section 2.4.5(M) (Amendment to Land Development Regulations). Recommend approval of Ordinance No. 18-06 on second and final reading. S:/City Clerk/ Agenda Memos/Ord 18-06 Workforce Housing 4.7040406 ~ FROM: ~;J. PAUL DORLlNG, D CTOR OF PLANNING AND ZONING TO: SUBJECT: MEETING OF MAR 21,2006 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) ARTICLE 4.7 "FAMILY WORKFORCE HOUSING", SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.5 "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.3.4(J) "HEIGHT", SECTION 4.4.13(1) "PERFORMANCE STANDARDS" AND SECTION 4.1.4 "USES OF LOTS OF RECORD", PROVIDING A REQUIREMENT AND INCENTIVES FOR THE PROVISION OF WORKFORCE HOUSING. The FamilylWorkforce Housing Ordinance, adopted by the City Commission on December 6, 2004, includes incentives to provide workforce housing by allowing density bonuses within the Southwest Neighborhood Overlay District. The proposed amendments to the Land Development Regulations are related to revisions in the City's Workforce Housing Program. The program is being expanded to provide additional opportunities and incentives for the provision of workforce housing. Major revisions to the program include the following: 1. Establishment of an additional workforce housing overlay district known as the Intill Workforce Housing Area. This area includes the Swap Shop property on North Federal Highway (zoned General Commercial) and all RM zoned property, east of 1-95 that does not lie within the coastal high hazard area. A maximum density of 18 units per acre is permitted in this area through density bonuses for the provision of workforce housing. 2. An increase in the maximum density from 12 units per acre to 24 units per acre within the Carver Estates Overlay District through density bonuses for the provisions of workforce housing. 3. References to the newly created Delray Beach Community Land Trust have been added. Lump sum payments for units under the Density Bonus Program are to be paid to the Trust. 4. The time which units are to remain affordable has been increased from 30 to 40 years. The above four items are addressed primarily through revisions to LDR Article 4.7 "FamilylWorkforce Housing." LDR Section 4.5 "Overlay and Environmental Management Districts" was modified to add the new Intill Workforce Housing Area to the list of overlay districts and revisions were made to the Section 4.4.6 "Medium Density Residential (RM) District" and Section 4.4.9 "General Commercial (GC) District" regulations to allow developments with a density greater than 12 units per acre within this area. Additional modifications were made to the RM zoning district regulations to allow relaxed development standards within the infill Workforce Housing Area and Carver Estates Overlay District for developments which provide workforce housing. \06 City Commission Documentation, March 21, 2006 FamilylWorkforce Housing Ordinances 5. Include an additional incentive to provide workforce housing units by allowing lots of record between 40 feet and 50 feet to be developed for workforce housing. This item is addressed through modification of LDR Section 4.1.4 "Use of Lots of Record" to allow currently unbuildable lots of record with frontage between 40 and 50 feet to be developed for workforce housing. The lots must be at least 4,000 sq. ft. in size, be located in the R-1A, RL or RM zone districts, meet the applicable setbacks (side setbacks are reduced to 5') and other development standards in the zoning district as well as meet typical designs represented by sketches within LDR Article 4.7 "FamilylWorkforce Housing." 6. Requires workforce housing to be provided where increases in density are requested in the CBD zone district. This item is addressed through modification of LDR Section 4.4.13(1) "Performance Standards." These performance standards must be addressed as part of the Conditional Use process to allow development with a density in excess of 30 units per acre within the Central Core area or in excess of 12 units per acre in the West Atlantic Neighborhood. Language has been added which requires developments to provide 20% of the additional units (above 30 units per acre) as workforce housing units, divided equally between low and moderate income levels. 7. Requires workforce housing to be provided in cases were increases in height are requested. This item is addressed through modification of LDR Section 4.3.4.(J) "Height.". This section deals with requirements which must be addressed to increase height above 48 feet. Language has been added to require developments which increase the intensity by adding an additional floor to provide workforce housing. At least 20% of the additional residential units must be divided equally between low and moderate income levels. The Planning and Zoning Board considered the proposed ordinances at their meeting of February 27, 2006. There was one member of the public that spoke in support of the amendment and after reviewing the staff report, the Board voted 7 to 0 to recommend approval of the related ordinances. By motion approve on first reading Ordinance Nos. 16-06,17-06,18-06,19-06 and 20-06 which implement City-initiated amendments to Article 4.7 "Family Workforce Housing", Section 4.4.6 "Medium Density Residential (RM) District", Section 4.4.9 "General Commercial (GC) District". Section 4.5 "Overlay and Environmental Management Districts", Section 4.3.4(J) "Height", Section 4.4.13(1) "Performance Standards", and Section 4.1.4 "Uses Of Lots Of Record" of the Land Development Regulations, 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. Attachment: . Proposed Ordinances 2 Revised 3/14/06 ORDINANCE NO. 18-06 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 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; CREATING AN ADDITIONAL DISTRICT ENTITLED "INFILL WORKFORCE HOUSING AREA"; PROVIDING A REQUIREMENT FOR THE PROVISION OF WORKFORCE HOUSING WHERE INCREASED HEIGHT AND/OR DENSITY IS REQUESTED AND ALLOWED; 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, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on February 27, 2006 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, The City Commission of the City of Delray Beach, Florida, 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. 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 amended to read as follows: SECTION 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. 2 ORD. NO. 18-06 (H) The City Commission desires to establish an additional workforce housinq overlav district known as the Infill Workforce Housinq Area for certain properties located west of the Intracoastal and east of 1-95, outside of the coastal hiah hazard area and as depicted on the map attached and made a part of Article 4.7. (I) The City Commission also desires to establish additional incentives to encouraae additional FamilylWorkforce Housinq. SECTION 4.7.1 DEFINITIONS a. Adjusted Median Income (A.M.I.) - The Palm Beach County median income, based on a family of four, as published by Florida Housing Finance Agency. 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. 3 ORD. NO. 18-06 c. Carver Estates Overlay District - The area shown on the map below. - - '-...../s,w. 41H ST. I----- - f-- HI II - I DELRA Y I----- - - II' - FULL SERVICE '--- ------ ST. - - --- CEN TER S.W. +TH I - . ~ ~ 0:: ~ _0:: 00( - -~ 00( AUBURN CIRCLE NORTH - :QD - j!: "- -~ ~ ~ -~ ~ - HAITIAN - CA THOLlC -~ ~ ~ () <y'r' CHURCH I vi vi en ~==- ~ 6TH ST. ci S.W. 6TH ST. IfRN D' 13 STRONG ~..:s z z ~ ~ 0:: :> al al ::> :> 00( <( R-~ '-----' (O..:s ~ AUBURN CIR. S. ti' CEN TER AUBURN S.W. 7TH ST. ~ - ~ TERR. SO. S. W. 7TH ST. == - == - == - CARVER ESTA TES ,- ~ - j!: ~== IX) 00(- 00( - ~ - J - I == - == C:;W, TH CT, S.W. BIH :>1. - === - I j!: F!: - .- lD Ll) ~ r-- Ii ~ ~- I - - -~ 00( 00( - s, W, 91H ST. - r-- - ~ r-- Fr-- r--j!: ~- DELRA Y BEACH - ~ ~ -e.-- r-- :: 2- MEMORIAL vi ~===~ r-- - GARDENS vi === vi r-- - - s. W. 9TH CT. r-- - DO] - ~- ~ I ~f-- Ili_ r--~ ~- vi !vi - f-- vi vi- '--,--- S.W. 10TH STREET ~ ~: - L~ ~rnmIIIIIJ <( 00( ~ ~ - ~<;J' ~<;J' F!: F!: ;r *-~ ~~ '" DO ~ ~ ~ Q..~~ Q..~~ f A; 'V ~ :Ji - ~ / vi vi vi vi 4 ORD. NO. 18-06 d. City - The City of Delray Beach, Florida. e. Community De'Jelopment Block Grant (CDBG) Target Area The 3m3 sho'..m in the map below. fg. eRA - The Delray Beach Community Redevelopment Agency. gf. 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 Be3ch's Community Development Block Gr3nt (CDBG) target area the City of Delray Beach. 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. ng. 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. ih. Development - A housing development at one location including dwelling units for which approvals have been granted. ii. 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. kj. First Time Home Buyer - A person who has not held ownership in a residence within the past three years. lJs. Household - A single person living alone, or two or more persons sharing residency, with a combined income available to cover household expenses. ml. Infill Workforce Housina Area - The area located west of the Intracoastal Waterway and East of 1-95, outside of the coastal hiqh hazard area, as depicted on the maps below: 5 ORD. NO. 18-06 ~J I ~IL t~gI~ S7J~1 AAd BL VD.... r, ,. . . ~~ ~I :'2 u ~aRt~(-~-J II : ~ ~ < 1- D J J .t r--~~ ~ Cf' I_~ [] ~ _,J ~ 111 it:; t'-" ~. OJ ) :1fI f IS! ~y ~ I TOWN OF ~ : ~ ~ ~ ~ ~ UI GULF STR "~-'-M-\ L~ ~ ; I~ ..~~ ~ U L JIll ~ ~~~ \u~ Fl~ 1. :;,~~83 eM '> ~ :.~" .~~ ~ / L: ~ ' n ITn :- '~\ .~ Yn" I'~ ~ ~ 'f~~"'~~ ..JlJ ~\ 'I. .~" j /,1 // II L-...J ~ ::;;;;: o ~ ~'-"il II ~ "LtJ f:I''''~/.V''': ~f~i ~ JZf- - -; #"HlI :-""" ~ j ~ ~ - ~ -rL- L ~ ~"" 7 =~ CF ~ , ~',' \ ~ IT ct' ! 11 f:I' I. ~ 1)~l0,~"! ~ ~ 1J,~"s ,j : I I ~...... I u 6 ~,,~ ' N'j2r I If. 6 ~~ ~ j I I T f:I' ~ "''' ['; ) " ....... "- .11 ~ n ~ _,' ~'?[ 'C' :; . :? ~~~: IT ~ "~~: . .nLIL . _ ~ ill 1 Ll . . ~ " " ~3 ~~~L__.,___._,_.____ ap r~ Infill Worldorce Housing Area - 18 Units Per Acre ~ Coastal High Hazard Area I ~ I!!: ~r ~. pEACH ~t1 'T ctr/j" C.j' ~ I J , l) \~ ~ LL.L __ Tr - 4Rt- _.- -- - ClTYUIoI11I -.-.--- CITY OF DEtRAy IIEACI( R. PtANNlNG 4 ZONING DEPARTlENt' -- AI., R*: lMA.flfd "OOITAt IIASE lMI' IYSIBI.. Map 1 _ i?l ~ ':F ~ ~~ I i /~ V~ ',~ -1 acc,j ;/ 4 __ ;;:, ac i-- ~ 7 ;]Nj,ON K" -=-.~ I J .. ~ J~- ) jJI~(m_~ _L~ . m. . mm_ ~ wll l~ I~ , " 'J I I ~ ~ ~ ... CF tn r- CF IIIDI Map 1of3 .. I ~ r.~~ ~ ~ ~ ~ ~_mIUlI'j 'lIB . ~I-~~~?;;~~): '" ". 11-- ~ ""' {; ~ I" ~'{ll ) ~ ~'J~ "- '" , ~~ r"." · '" ,,~""" '" ""' ~ " ! I ~.~~ j - F-,~ ' = B t- ~l'k'" 't. "~~f ---=-,B' ~ k~"'K~ i ~ ~;..;,,",~ ~~ ~! OB !IU ~ ","- '^ ~ : ~ It:~~ ~ ~ ~ f ~~~ ~ ~ ~ ; .:. ~,"'" '" "'" '\ i ,., 7l~:. ''-I." " "''' i ... ....,~ ~ " ~ Xl '\.. "'" ~ '" i '1. K ' '-I " '" '" : ~~''- ~i ,~. .~! 1"." ~ : I""'" · ."'" ~: , r:::n0! . ~. ~: ~::: [;J ~! ,~ ,"" ~ ~! ,~~~i """'~ ~ i }~~ ~'" i " ' ",\,,,", ~" ; ~~~! ~ - CF'I111- -IT 11f 'll , ;:Mf III 1m ~ II ~ ~r 'I :: rnE:3 VJ ~I~ ~ tnO CF CF OB II ra~ o 9 " urSf ~ :[] C mU i'lIl I " D i.~ Iu 1'1 , LVll T1III - r1 fI( ~ t ~ OB ~;t: 't~ ~ l:;t: :t: -- ~p3t3 Infill Worldorce Housing Area _ 18 Units Per Acre ~ Coastal High Hazard Area 7 ~ -.-.-- - atYUII1S -.-.--'- CrrYOF OEl.RAY~ R. PlAWIlNG 6 WMHG DEPAR1IIENr "_ 2008 Alep ,..: tJMffHd - -DlGlTN. lASE 11M' SYSTBI-- Map 2 ORD. NO. 18-06 g:: ~ q: CI) m a: (!) :it o o Intill Workforce Housing Area ,. 18 Units Per Acre ~ Coastal High Hazard Area ~ - - -- - GrrYUM15 - - -.- - CITY OF DaRA Y BEACH. R. Pf..ANNtNG.. ZOMNG DEPARTIIEHT -"""" Alap R<< l.AM1S14d .. DlGlTM.. SASE AMP S't'$T9I.. Map 3 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). 8 ORD. NO. 18-06 en. 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). RO. Other Workforce Housina - Workforce Housino is required in areas covered by Land Development Reaulations Section 4.4.13(1), where the density is increased; and by Section 4.3.4 (J)(4)(b), where a fifth floor is added to the buildino. G-;~ 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. \ \ F..' i p~~~y , .\.. .... I I 11'! I ' L~: I " . ". JI: .. I~,.~ .~Ii" .~ ~,Lj:fPl ..!~ty;JLj .....I~ \ \ '\nil, II ....J11.li........l......... 11W..................I..........I.I............lllt.r".., I, '>1111 1..I.![.I......,.UI;' :." ."1.. .ll:! .j'j , Ii ..'. :r.... ' , ' II . '. \. , , J . I \ \ \\j L. J.LJ,L-;"_..k_,..~J_....--:,,J......'.,........ (,-,L..... '--.... -',. "". ....'."j. =Jl..J ~", ,iLl. ~. I:~........'. " ....r \ \ \~"--n. ....:. 1r-1 '1--, , ,'I rr-nn.' l 'L[==1 r n ' .., t \ \= ,-, . .' 'T--- r""'__ '. I'i. . ' · ! [, I ,i ! r · ] I ~~~~ Il. . \~-~ I . . .j!. i ,0 Clu,X I_.J __,J NO.' L.._j--~ l,_..__.J L-... L....J, .....JfS;... .....-'.. -.,.-... l~..i,",", ".. A V EN U E 11-[::=i1jFl""'G1 iFli'rl F~C~I~ Jhlgd~ 1;'1' I I ,I Ii Ill',. -.""'.'iej /1 /~ ' ! . t......! 1....; j.;~,_J, ..i " I I -'] .----'-..'~l ,- fi '2.; , , "II ., ~. Ii) I ij Ir'"II"11 I g I I I~ II I' i '/ / iUU t] 9 ORD. NO. 18-06 ~!h Southwest 10th Street Overlay District - The area at the Southwest corner of Swinton Avenue and 10th Street as shown in the map below. ~YAN ni """'GE HARBOURS roc< 10 ORD. NO. 18-06 {f;-L. 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). f:.s. Workforce Housing Unit - A dwelling unit for which the rent or mortgage payment (including principal, interest, taxes and Insurance P.I.T.!.) 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 Family/Workforce Housing Program. SECTION 4.7.2 APPLICABILITY Except as otherwise provided in this ordinance, these regulations shall apply only to development applications consistent with the following conditions: a. Subiect to restrictions contained in this Article, Ggevelopment must be located within the established Southwest Neiahborhood Delray Beach Overlay District, the Southl/.'est 10tJ:I Street O'.'erlay District, 9f the Carver Estates Overlay District. or the Infill Workforce Housina Area to qualify for participation in the Density Bonus Program set forth in this Article 4.7. b. Subiect to the restrictions of this Article. developments constructed pursuant to Section 4.3.4(J)(4)(b)ii(1) must provide workforce housinq to aualify for an increase in heiaht. c. Subiect to the restrictions of this Article, developments constructed pursuant to 4.4.13(1) must provide workforce housina to aualify for increased density. th d. In order to qualify for a density bonus, a project must consist of at least five new or substantially rehabilitated dwelling units. The HUD definition shall be used to determine whether there has been substantial rehabilitation. In addition. the units must contain desiqn features, such as, but not limited to, front porches, eyebrows, outriqqers, qables, dormers, arbors. trellises. shutters, balconies, decorative vents. sidinq, textured stucco finishes, undulatinq facades and other such appropriate architectural features. 11 ORD. NO. 18-06 G,- e. The developer or responsible party must provide relocation assistance at a minimum of $2,500.00 per each household to very low and low income residents that aFa is displaced as a result of the proposed project. G: f. 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... that are affordable to very low. or low, or moderate income families. q. The Carver Estates Overlay District. the Southwest Neiahborhood Overlay District. and the Infill Workforce Housina Area shall contain units that are affordable to very low. or low. or moderate income families. h. Developments which must provide workforce housinq pursuant to Section 4.3.4(J)(4)(b)ii(1) or Section 4.4.13(I) shall contain units that are affordable to low or moderate income families. SECTION 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. 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 and Infill Workforce Housinq Area described in this article. b. All development shall meet the requirements for units as specified in this chapter and meet all required Land Development Regulations. c. Workforce units shall include those units in a development. which are regulated in terms of: i. Sales price or rent levels; and ii. Marketing and initial occupancy; and 12 ORD. NO. 18-06 Hi. Continued requirements pertaining to resale or rent increases. SECTION 4.7.4 DENSITY BONUS PROGRAM FOR THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT; THE CARVER ESTATES OVERLAY DISTRICT AND THE IN FILL WORKFORCE HOUSING AREA Developers of property in the Southwest Neighborhood Overlay District. the Carver Estates Overlav District and the Infill Workforce Housinq Area, 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: 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 Delr3Y Beach CDBG target area City of Delray Beach. 13 ORD. NO. 18-06 d. The bonus allowances are set forth in Table 1 below. TABLE 1 DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT. THE INFILL WORKFORCE HOUSING AREA AND THE CARVER ESTATES OVERLAY DISTRICT OPTION SALE NUMBER OF BONUS UNITS PER WORKFORCE UNIT PROVIDED 4 3 2 VERY LOW 60% LOW 80% - 61 % MODERATE 120% - 81 % OPTION RENT NUMBER OF BONUS UNITS PER WORKFORCE UNIT PROVIDED 3 2 1 VERY LOW 60% LOW 80% - 61 % MODERATE 120% - 81 % 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 the Delray Beach Community Land Trust that will be utilized to subsidize workforce housing in the CDBG target area City of Delray Beach. Developers may earn one bonus unit for each payment of a sum equal to $60,000, payable to the Family,^Norkforco Housing Delray Beach Community Land Trust. f. Also, instead of or in addition to providing workforce housing units, developers shall earn bonus units by donating land (buildable lots) in tho CDBG area of in 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. 14 ORD. NO. 18-06 g. The maximum total density of a development in the Southwest NeiQhborhood Overlay District and the Carver Estates Overlay District shall not exceed 24 units per acre. The maximum total density of a development in the Infill Workforce Housina Area shall not exceed 18 units per acre. All other Workforce HousinQ Area densities shall be limited to the maximum allowed in the zoninQ district and as set forth elsewhere in the Land Development ReQulations. SECTION 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 arc;] of the City of Delray Beach. d. All sections of Ch;]ptor Article 4.7 apply to the Southwest 10th Street and Carver Estates Overlay DistrictsJ, except for Sections 4.7.4.4.7.11 and 4.7.12. 15 ORD. NO. 18-06 SECTION 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 ve1Y 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. t All Restrictive Covenants shall meet the reauirements of this Article and are subiect to approval of the City Attorney. SECTION 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, or 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. 16 ORD. NO. 18-06 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. 9.:. All Restrictive Covenants shall meet the reauirements of this Article and are subiect to approval of the City Attorney. 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 tmfty fQr!y ~ (40) years commencing from the date 17 ORD. NO. 18-06 of initial occupancy of the unit;", subiect to the limits set forth in this section and Section 4.7.9. 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 meetina the requirements of this Article, 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 18 ORD. NO. 18-06 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 HV AC systems and appliances with market rate units and provide them as standard features. All workforce housina units shall contain comparable square footaae to the correspondinq 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 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 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% 19 ORD. NO. 18-06 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. 1. Workforce Housinq Units constructed accordina to this policy shall be protected for subseauent resale or rental to Workforce Households whose income does not exceed the applicable AMI bv deed restrictions or by other equivalent and effective methods. Conversions of rental units to owner occupied units or vice versa shall reauire the subseauent rental or sale to be for the same workforce housina income cateaorv. i Workforce Housina Units constructed accordina to this policy shall only be rented or sold as a primary residence. ~. A deed restriction on a form acceptable to the City Attornev shall be recorded in the Public Records of Palm Beach County. In addition to other restrictions therein contained. said deed restriction shall prohibit any sublettinq or assianment of the respective Workforce Housinq Unit to a tenant(s) or purchaser(s) whose income exceeds the percent of the AMI under which the unit is oriqinallv 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 Housina Units, increased at the same rate as the Palm Beach County median income has increased from the initial date of purchase. Prior to the c10sinq on any sale, resale or prior to any rental of any workforce housinq unit, the City shall be notified of the sale. resale or rental. 20 ORD. NO. 18-06 I. For both sale and rental of Workforce Housina 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 containinq a Workforce Housina Unit or Units is demolished or destroyed, provided that if demolition or destruction of a structure containina Workforce Housinq Units occurs 35 years after recordina of the restrictions and said demolition or destruction was unintentional. restrictions on the units in the structure shall terminate on demolition or destruction. m. Nothina requires a workforce household to vacate a rental workforce housina unit or sell a workforce housinQ unit if the tenant(s) or purchaser (8) income later exceeds AMI. 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 in accordance with this article. 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 ~pply to the Southwest Neighborhood Overby 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.,. . the Infill Workforce Housinq Area, and the Carver Estates Overlay District. 21 ORD. NO. 18-06 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 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% 22 ORD. NO. 18-06 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 Density 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 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% 23 ORD. NO. 18-06 Workforce Housing Program Density Bonus Allocations Rental - 2-3 Bedroom Units Very-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% Low Income (2 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 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 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 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% 24 ORD. NO. 18-06 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 Densitv 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 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 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 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 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% 25 ORD. NO. 18-06 4.7.12 OTHER INCENTIVES. (a) In order to address a shortaoe of workforce housina units. incentives have been added to induce the construction of workforce housina units in the City. In addition to the other incentives contained within this article, lots of record that have at least 40 feet of frontaae may be used for Workforce Housino, as lona as the workforce housina unit meets the typical des ions represented by the sketches set forth below and the additional reauirements of 4.1.4(0) as well as other applicable code provisions are met. 26 ORD. NO. 18-06 .. \0 (I') "'- LIVING 11" l( 13" MASTER BEDROOM 12" )( t3" ~y POFICl1 UPPER FLOOR ,,~.,- ~~.~'~ .., "....,...... "'to>" MAIN FLOOR Upper .Floor Main Floor Total Living Area Basement 565 sq, fc 840 sq, fe 1,405 sq. ft. 840 sq, ft. Footprint 30'.0" x 36'.0" J Bedrooms ZBathrooms Basement, Crawlspace OJ' Slab Foundation 27 ORD. NO. 18-06 I ~ MAIN FLOOR Upper Floor 480 sq. ft. Main Floor 1,238 sq. ft. Total Living Area 1,718 sq. fl. Footprint 30'.4" ~ 47'.0" -1._ 28 IIl!llIIOOU' $'"0.(.-4;1: UPPER FLOOR 2+ Bedrooms 3 Bathrooms Crawlspace Foundation ORD. NO. 18-06 GREAlROOM 19'$ltlS.:r 1("1-<0" 0.0 UPPER FLOOR MAIN FLOOR Upper Roor Main Floor Total Living Area Basemenl 698 sq. fL 1,080 sq. ft. 1.778 sq. (t. 1.080 sq. ft. Footpdnt 30'.0"x 62'.0" 3 Bedrooms 1~ Bathrooms Crawlspace, Slab or Basement Foundation .__ 29 ORD. NO. 18-06 1---- I I I I I 1 I -e'=:=~-==::i:f-=.== =:=11 M. BEDR.ooM ta"-&" 010'-9" CAR.f'OR.T llY-6"" 10'~' I '-'T I I 1 6EDRM 112 &EDRM #5 I fh 10' 9'x 10' I 1___________ DINING tv... .b"..- ~ o :::: .... o ~ u... U\IING PORCH l2'4'"xt$'-9" 'T....xll7.... Main Floor Total Living Area 918 sq. ft. 918 sq. fl. Footprint 30'-0" x 48'.0" 3 Bedrooms 1 Bathroom Slab Foundation ._.__~_o.-._. ,j.l. ......L. . ....~~..> ~+J8 1 ;1 Ll.j 30 ORD. NO. 18-06 r , ~ ~"'.'Il ~.~ ~ rrt'ljl' - UPPER FLOOR Upper Floor 68 t sq. fL Main Floor 706 sq. ft ThtaILh'ing Area 1,.381 sq. ft. Footprint 28'-0" x 76'-4" ~:;r:.=ms 1t{.;r(i~ Crawlspace or Slab Fwodatlon 31 ORD. NO. 18-06 ,---------------------- I I I I I I I I LMNG Jii:OOM W>iC".." .., ;: S :I: 4... ;:) - g l.t. hi!. eE~OOM ,,""lit.# Mainl:'l00r 1,134 sq. ft. Total Lh'ing Area 1.234 sq. n. .'ootprlnt 30'-(1" x 54'.0" 2. Bedrooms 2 Bathrooms Slab Foundation 32 ORD. NO. 18-06 .. f MAIN FLOOR Upper Floor 681 sq. ft Main Floor 706 sq. ft Total Lh'ing Area 1,38'7 sq. ft. Footprint 28'.11" x 76'-10" 33 I'oru:... UPPER FLOOR 2 Bedrooms 21p. Bathrooms Crawlspate or Slab Foundation ORD. NO. 18-06 Section 15. 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 16. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 17. 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 ,2006. ATTEST: City Clerk MAYOR First Reading Second Reading 34 ORD. NO. 18-06 , CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.7, "FAMILY/wORKFORCE HOUSING", PROVIDING FOR REGULATIONS AND INCENTIVES TO BUILD WORKFORCE HOUSING AND ENSURING THAT THE CITY HAS SUFFICIENT FAMILY /WORKFORCE HOUSING; CREATING AN ADDITIONAL DISTRICT ENTITLED "INFILL WORKFORCE HOUSING AREA"; PROVIDING A REQUIREMENT FO'R THE PROVISION OF WORKFORCE HOUSING WHERE INCREASED HEIGHT AND/OR DENSITY IS REQUESTED AND ALLOWED the City Cornmission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 18-06 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 ARTICLE 4.7, "FAMllYIWORKFORCE HOUSING", PROVIDiNG FOR REGULATIONS AND INCENTIVES TO BUilD WORKFORCE HOUSING AND ENSURING THAT THE CITY HAS SUFFICIENT FAMILYIWORKFORCE HOUSING; CREATING AN ADDITIONAL DISTRICT ENTITLED "INFiLL WORKFORCE HOUSING AREA"; PROVIDiNG A REQUIRE- MENT FOR THE PROVISION OF WORKFORCE HOUSING WHERE INCREASED HEIGHT AND/OR DENSITY IS REQUESTED AND ALLOWED; 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 Public Hearing will be held on TUESDAY. MARCH 21, 2006. 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 will be held on TUESDAY. APRIL 4. 2006. AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission) in the Commission Chambers at City Hall, 100 N.W. tstAvenue, Defray 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 Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (email atpzmail@mydelraybeach.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 TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY OOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F.S. 286.0105. CITY OF DELRAY BEACH Chevelle D. Nubin City CIeri< PUBLISH: Monday. March 13, 2006 Tuesday, March 28, 2006 Boca RatonlDelray Beach News Ad # NS060322 c c: Cd'AO(~ en '" o C'"> '" :>:l g ::::l 2; '" ~ '" '" ~ :::T Z '" ~ I 2 '" <J> C. ~ ~ C. ::::l '" rn c. ~ ;;:: ~ C'"> :::T N '1" N ~ N g '" . :E ~ t:r g '" ::::l '" :E rn '" o 3 4 Boca Raton/Delray Beach News - Monday, March 13. 2006 · www.bocanews.com tc: Cato/~ CITY OFOELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LANO DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.7, "FAMILY/WORKFORCE HOUSING", PROVIDING FOR REGULATIONS . AND INCENTIVES TO BUILD WORKFORCE HOUSING AND ENSURING THAT THE CITY HAS SUFFICIENT FAMILYIWORKFORCE . HOUSING; CREATING AN ADDITIONAL DISTRICT ENTITLED "INFILL WORKFORCE HOUSING AREA"; PROVIDING A REQUIREMENT FOR THE PROVISION OF WORKFORCE HOUSING WHERE INCREASED HEIGHT AND/OR DENSITY IS REQUESTED AND ALLOWED The City Commission of the City of Delray Beach, Florida. proposes to adopt the following .ordlnance: .QRRINt\NC,E,W...l!1::OO .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 ARTICLE 4.7, "FAMIlYIWORKFORCE HOUSING", PROVIDING FOR REGULATIONS AND INCENTIVES TO .BUILD WORKFORCE HOUSING AND ENSURING THAT THE CITY HAS SUFFICIENT FAMILYIWORKFORCE HOUSING; CREATING AN ADDITIONAL DISTRICT ENTITLED "INFILL WORKFORCE HOUSING AREA"; PROVIDING A REQUIRE. MENT FOR THE PROVISION OF WORKFORCE HOUSING WHERE INCREASED HEIGHT AND/OR DENSITY IS REQUESTED AND ALLOWED; 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 Public Hearing will be held on IU..ESo.AY~_.MAB.~1....2QOe..._At...11Q_Q__'p,M. In the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach; florida.. If the proposed ordinance is passed on first reading, a second Public Hearing will be. held on TUESDAY. APRIL 4. 2006. AT 7:00 P.M. (or at any continuation of such. meeting which Is set by the Commission) in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, DelrayBeach, Ronda. 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 informatllJ'l or to obtain a copy of the propo$d ordinance, please contact the Planning and Zoning Department, CItY Hall, 100 N.W. 1st Avenue; Delray Beach, Florida 33444 (em all atpzmall@mydelraYbeach.com) or by calling 5611243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. FlLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY OOES NOT PROViDE NOR PREPARE SUCH RECORD PURSUANT TO F.S. 286..0105. CITY OF DELRAY BEACH Chevelle D. Nubin City Clerk PUBUSH: Monday, March 13, 2006 Tuesday, March 28, 2006 Boca RatontDelray Beach NeWs Ad # NS060322