08-004
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ORDINANCE NO. 08-0"<1
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING CHAPTER 20, BUILDING,
HOUSING AND CONSTRUCTION REGULATIONS, AS
CONTAINED IN THE LAND DEVELOPMENT
REGULATIONS, BY AMENDING SECTIONS 3, 4, AND
8, OF THE WORKFORCE HOUSING PROGRAM, TO
CLARIFY APPLICABILITY CONDITIONS AND UNIT
TYPE REQUIREMENTS; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission approved a Workforce Housing Ordinance,
Ordinance No.: 07-007 on March 20, 2007, to address the workforce housing shortage; and
WHEREAS, the Metropolitan Center of the Florida International University
Iconducted a Boynton Beach Housing Needs Assessment Study which showed, in 2007, that
state market in Palm Beach County had already been in a downturn for over two years, with
ousing prices steadily falling after their peak in November 2005; and
WHEREAS, subsequent to the adoption of Ordinance 07-007, the housing market
lump deepened considerably and will likely persist through 2008, with a possible further
ecline in prices; and
WHEREAS, the City's staff is of the opinion that, under the current economic
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tircumstances, imposing additional and potentially significant costs on development could
. ave an overall negative impact on the recovery of the real estate sector in the City; and
WHEREAS, the City Commission, upon recommendation of the City's staff, deems it
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appropriate and in the best interests of the citizens and residents of the City of Boynton Beach,
2 to amend the Land Development Regulations of the City of Boynton Beach amending
3 applicability conditions and certain requirements pertaining to the provision of workforce
4 housing units under the City's Workforce Housing Program.
5 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing whereas clauses are true and correct and incorporated
8 herein by this reference.
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Section 2.
Chapter 20, Building, Housing and Construction Regulations, of the
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Land Development Regulations of the City of Boynton Beach Code of Ordinances, Article X,
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Workforce Housing Program, Section 3, "Applicability, is hereby amended by adding the
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words and figures in underlined type and by deleting the words and figures in struck-through
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type, as follows:
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Sec. 3.
Applicability
Except as otherwise provided in this article, these regulations shall apply to
development applications consistent with the following conditions:
A
A de'lelopmeHt that has Het heeR the s1ihjeet ef a pl'eyio1is develepment
~ Developments with a residential component for which any land
use and/or a zoning category permitting the density in excess of lO
dwelling units per acre is applied. including the requests for planned
development districts in cases where the desired Future Land Use
classification is already in place and allows such densities;
B
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C.
D.v.l.~RlefllS v..;th a FC,idoRlial ..~.RORI. f.r whiah any ~4i:::eg~:
:::~n~~ aeslgHatlOR aRa a eorres)3osamg Mixed Use ZORIR
IS 8pphed;
l},.~Developments whose orevious aporoval was consistent with condition
A of this ~lion. that ~1l'V. heca flFOvi....1y ""~rtl~oed ror a .~:i.:::.:::': ose
to either Mixed use, ~:hxea use Core or SpeeuH High DeRsI e I and
whose site plan has expired~ and/or are reEftiestiHg a site 131M time eKteflsion.
Section 3.
Chapter 20, Building, Housing and Construction Regulations, of the
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Land Development Regulations of the City of Boynton Beach Code of Ordinances, Article X,
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Workforce Housing Program, Section 4, "Provision of workforce housing units," is hereby
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amended by adding the words and figures in underlined type and by deleting the words and
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figures in struck-through type, as follows:
Sec. 4.
Provision of workforce housing units.
Developers may be entitled the requested higher density land use and zoning
category if providing workforce housing units as stated below, subject to the
limits and requirements of this chapter.
A. To be eligible for the requested higher density land use, the following
percentage of workforce housing units must be incorporated into the
development:
I. High and Special High Density Residential - Twenty percent
(20%) of the total number of proposed residential units in the
development shall be designated as workforce housing units.
2. Mixed-Use - Fifteen percent (15%) of the total nwuber of
proposed residential units in the development shall be designated
as workforce housing units.
3. Mixed Use Core - Ten percent (10%) of the total number of
proposed residential units in the development shall be designated
as workforce housing units.
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TABLEt
LAND USE CLASSIFICATION ZONING DISTRICTS MAXIMUM DENSITY
High Density Residential PUD 10.8 dwelling units/acre
IPUD 10.8 dwelling units/acre
Special High Residential (SHR) PUD 20 dwelling units/acre
IPUD 20 dwelling units/acre
Mixed Use-Core (MXC) Mixed Use-High 80 dwelling units/acre
Mixed Use (MX) Mixed Use Low-l 20 dwelling units/acre
Mixed Use Low-2 30 dwelling units/acre
Mixed Use Low-3 40 dwelling units/acre
* * *
D. The workforce housing units provided shall have the same percentage
of unit types as market rate units within the development. partieularly
with regard la the R....h.r ar b.dFeo",s, unl.ss a contrasting unit tv~ is
intended to address oarticular needs existing within the communi , at
the time of aporoval and substantiated by written evidence such as
related reports or data. If the aoplication involves a major modification
of an existing develooment. only the additional units are used in
determini~g the reaui~~ unil mix. If the """Ii":,: ~r:l:~:';:::,~
=:::: ~ ~~'sllRg d.vel""......l \\'lth a "':; =='
:::'",:. :~i~s .Ilf'llly Ie all additiaRQI oRitn; ~:: ::'" =~:
:~~:~~. umts IS Het required to mateR the c f4 R a .
* * *
Section 4. Chapter 20, Building, Housing and Construction Regulations, of the
Land Development Regulations of the City of Boynton Beach Code of Ordinances, Article X,
Workforce Housing Program, Section 8, "Resale requirements," is hereby amended by adding
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the words and figures in underlined type and by deleting the words and figures in struck-
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through type, as follows:
Sec. 8.
Resale requirements.
To maintain the availability of workforce housing units which may be
constructed or substantially rehabilitated pursuant to the requirements of this
program, the following resale conditions shall be imposed on the workforce
housing units and included in the deed restrictive covenant recorded in the
Public Records of Palm Beach County:
*
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C. The developer shall provide Workforce Housing Units that include unit
types in the same proportion as the market rate housing units.;-unless a
contrasting unit type is intended to address oarticular needs eXistin~
within the community at the time of aooroval and substantiated b_
written evidence such as related reports or data.
1.
If the Development contains a mix of different types of units,
(e.g. condominium, townhouse, detached, etc.), the proportion
of Workforce Housing Units of each type to total Workforce
Housing Units must be approximately the same as the
proportion of market rate units of each type to total market rate
units.
2.
If the Development includes both for sale and for rent units, the
proportion of for rent Workforce Housing Units to for sale
Workforce Housing Units must not exceed the proportion of for
rent market rate units to for sale market rate units.
3.
The number of bedrooms per unit must be proportionate
between Workforce and market rate units.
4.
If the a lication involves a ma' or modification of an existin
development. only the additional units are used in determinin;
the reauired unit mix.
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Section 5.
Each and every other provision of said chapter, not herein specifically
mended, shall remain in full force and effect as originally adopted.
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Section 6.
I:
2 same are hereby repealed.
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Section 7.
All ordinances or parts of ordinance in conflict herewith be and the
Should any section or provision of this Ordinance or portion hereof be
4 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
5 remainder of this Ordinance.
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Section 8.
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Section 9.
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately.
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FIRST READING this L!l day of ':J ~'ULd/U'L , 2008.
SECOND, FINAL READING AND PASSAGE~is ~ day of -.t:1A~ ,2008.
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CIT~~~LORIDA
rror-Je Tt,
Vice Mayor - Jose Rodriguez
Commissioner - Marlene Ross
Yn.~
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