23-001 1
2 ORDINANCE NO. 23-001
3
4
5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
6 AMENDING THE LAND DEVELOPMENT REGULATIONS CHAPTER 1,
7 GENERAL ADMINISTRATION, ARTICLE V. HOUSING INITIATIVES,
8 SECTION 2, WORKFORCE HOUSING PROGRAM (CDRV 23-001), TO
9 MODIFY THE EXISTING METHODOLOGY FOR THE PAYMENT IN LIEU OF
10 WORKFORCE HOUSING UNITS PROGRAM;TO INCLUDE AN FAR BONUS;
11 AND TO CLARIFY THE RECEIVING AREAS FOR HEIGHT, FAR, AND
12 DENSITY BONUSES; PROVIDING FOR CONFLICTS, SEVERABILITY,
13 CODIFICATION AND AN EFFECTIVE DATE.
14
15
16 WHEREAS, existing language reflected in the Workforce Housing Program section of
17 the City's LDR's establishes the criteria for Payment in Lieu of Construction of Workforce
18 Housing Units; and
19 WHEREAS, the program is largely underutilized, likely because of the methodology
20 for payment (more units are being paid for than are being provided through the program);
21 and
22 WHEREAS, staff has proposed to change the fee calculation by providing that
23 applicants pay the applicable fee multiplied by the bonus dwelling units provided; and
24 WHEREAS, staff also proposes to provide an option for an increase in Floor Area Ratio
25 (FAR) bonus of one-half(0.5) for the provision of workforce housing; and
26 WHEREAS, the City Commission of the City of Boynton Beach has considered the
27 recommendations and has determined that it is in the best interest of the citizens and
28 residents of the City of Boynton Beach, Florida to approve the amendments to the Land
29 Development Regulations as contained herein.
30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
31 OF BOYNTON BEACH, FLORIDA, THAT:
32 Section 1. The foregoing whereas clauses are true and correct and are now ratified
33 and confirmed by the City Commission.
34 Section 2. City of Boynton Beach Land Development Regulations, Chapter 1,
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35 General Administration, Article V, Housing Initiatives, Section 2, Workforce Housing Program
36 is hereby amended as follows:
37 CHAPTER 1. GENERAL ADMINISTRATION
38 ...
39 ARTICLE V. HOUSING INITIATIVES
40 ...
41 Sec. 2. Workforce Housing Program.
42 ...
43 C. Provisions. The developer may elect to obtain a density bonus, Floor Area Ratio
44 (FAR), and/or a height bonus through the construction of the workforce units on-site or off-
45 site, monetary contribution, donation of land or purchase of units to be designated as
46 workforce, subject to the limits and requirements of this article.
47 I. Construction of workforce units on-site:
48 ...
49 II. In-Lieu and off-site options.
50 1. Payment In-Lieu (Table 1-3). Contributions per unit listed in the table below shall accrue
51 to the Boynton Beach Housing Trust to be utilized to subsidize the creation of workforce
52 housing within the city. In-lieu of fees shall be paid in full prior to the issuance of building
53 permit. Utilization of the Payment in Lieu of Workforce Housing Units program shall not be
54 applied in conjunction with other provisions to increase density.
55 Payment In Lieu of Construction of Workforce Housing Units (per unit)
Payment In Lieu of Construction of Workforce Housing Units (per unit)
For-sale unit $ 82,986
For rent units $ 36,760
56 Note: Payment-in-lieu amounts shall be revised every two (2) years, based on (i)
57 median single-family home sale price for Palm Beach County provided by Realtors'
58 Association of the Palm Beaches. and (ii) average monthly apartment rent for the Boynton
59 Beach market provided by Reinhold P. Wolff Economic Research, Inc.
60 2. The number of units for which the payment in lieu can be collected shall be as be as
61 follows:
62 a. Projects located within the Downtown Transit Oriented Development District
63 (DTODD) are eligible for a density bonus of up to twenty-five percent (25%), a Floor Area
64 Ratio (FAR) bonus of one-half (0.5), and a height bonus of one (1) additional story (up to a
65 maximum of 12 feet). Payment in Lieu of fee will be applied to each unit proposed in
66 excess of the Zoning Districts permitted density.
2
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67 b. Projects located within the DTODD in the Boynton Beach Boulevard Overlay with the
68 Mixed Use Medium or Mixed Use High future land use classifications are eligible for a
69 density bonus of up to twenty-five percent (25%), a Floor Area Ratio (FAR) bonus of one-
70 half(0.5), and a height bonus of two (2) additional stories (up to a maximum of 24 feet).
71 Payment in Lieu of fee will be applied to each unit proposed in excess of the Zoning
72 Districts permitted density.
73 c. Projects located outside of DTODD with Mixed Use Medium, Mixed Use Low, or
74 Special High Density Residential future land use classifications are eligible for a density
75 bonus of up to twenty-five percent (25%). Properties of three (3) or more acres are also
76 eligible for a height bonus of one (1) additional story up to a maximum of twelve feet (12').
77 Payment in Lieu of fee will be applied to each unit proposed in excess of the Zoning
78 Districts permitted density.
79 3. Donation of Land. The value of the land shall equal or exceed the total "in-lieu of"
80 fee for all workforce units or shall be of sufficient size to develop the same number of units.
81 The value of the donated land must be verified by a MAI appraisal no more than three (3)
82 months old. The appraisal shall be obtained by developer at developer's cost to verify the
83 value of donated land. The land shall be deeded to the city prior to the issuance of a final
84 certificate of occupancy for the development.
85 4. Off-Site Construction. The workforce housing units may be built off-site, provided
86 they are constructed within the city limits. All off-site workforce housing units shall comply
87 with all sections of these Regulations.
88 5. Purchase Market Rate Units. Purchase an equivalent number of existing market
89 rate units to be deeded to the city or sold to eligible households. Such units shall be deed
90 restricted to comply with the Workforce Housing Ordinance. The developer may retain the
91 title to off-site units subject to recordation of a city approved deed restriction.
92
93 Section 3. Each and every other provision of the Land Development Regulations
94 not herein specifically amended, shall remain in full force and effect as originally adopted.
95 Section 4. All laws and ordinances applying to the City of Boynton Beach in
96 conflict with any provisions of this ordinance are hereby repealed.
97 Section 5. Should any section or provision of this Ordinance or any portion
98 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
99 affect the remainder of this Ordinance.
100 Section 6. Authority is hereby given to codify this Ordinance.
101 Section 7. This Ordinance shall become effective immediately.
102 FIRST READING this 7th day of February, 2023.
103 SECOND, FINAL READING AND PASSAGE this 21st day of February, 2023.
104 CITY OF BOYNTON BEACH, FLORIDA
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105
106 YES NO
107 ✓
108 Mayor—Ty Penserga
109 t,
110 Vice Mayor—Angela Cruz
111 /
112 Commissioner—Woodrow L. Hay I/ /
113
114 Commissioner—Thomas Turkin
115 ,
116 Commissioner—Aimee Kelley v
117 . 0
118 VOTE
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S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1)(Workforce Housing)-Ordinance.Doca
PART III LAND DEVELOPMENT REGULATIONS
CHAPTER 1. GENERAL ADMINISTRATION
ARTICLE V. HOUSING INITIATIVES
Sec. 2. Workforce Housing Program.
C. Provisions. The developer may elect to obtain a density bonus, Floor Area Ratio (FAR), and/or a height
bonus through the construction of the workforce units on-site or off-site, monetary contribution, donation of land
or purchase of units to be designated as workforce, subject to the limits and requirements of this article.
I. Construction of workforce units on-site:
II. In-Lieu and off-site options.
•
• - - - - , •• - , - .• :-• e: -- .0• , - e: - - �0• , - -
-- .. .o. . - - - --- ._
12. Payment In-Lieu (Table 1-3). Contributions per unit listed in the table below shall accrue to the Boynton
Beach Housing Trust to be utilized to subsidize the creation of workforce housing within the city. In-lieu of fees
shall be paid in full prior to the issuance of building permit. Utilization of the Payment in Lieu of Workforce
Housing Units program shall not be applied in conjunction with other provisions to increase density.
Payment In Lieu of Construction of Workforce Housing Units (per unit)
Payment In Lieu of Construction of Workforce Housing Units (per unit)
For-sale unit $ 82,986
For rent units $ 36,760
Note: Payment-in-lieu amounts shall be revised every two (2) years, based on (i) median single-family
home sale price for Palm Beach County provided by Realtors' Association of the Palm Beaches, and (ii)
average monthly apartment rent for the Boynton Beach market provided by Reinhold P. Wolff Economic
Research, Inc.
2. The number of units for which the payment in lieu can be collected shall be as be as follows:
a. Projects located within the Downtown Transit Oriented Development District (DTODD) are eligible for a
density bonus of up to twenty-five percent (25%), a Floor Area Ratio (FAR) bonus of one-half(0.5), and a
height bonus of one (1) additional story (up to a maximum of 12 feet). Payment in Lieu of fee will be applied to
each unit proposed in excess of the Zoning Districts permitted density.
b. Projects located within the DTODD in the Boynton Beach Boulevard Overlay with the Mixed Use
Medium or Mixed Use High future land use classifications are eligible for a density bonus of up to twenty-five
percent (25%), a Floor Area Ratio (FAR) bonus of one-half(0.5), and a height bonus of two (2) additional
stories (up to a maximum of 24 feet). Payment in Lieu of fee will be applied to each unit proposed in excess of
the Zoning Districts permitted density.
c. Projects located outside of DTODD with Mixed Use Medium, Mixed Use Low, or Special High Density
Residential future land use classifications are eligible for a density bonus of up to twenty-five percent (25%).
Properties of three (3) or more acres are also eligible for a height bonus of one (1) additional story up to a
maximum of twelve feet (12'). Payment in Lieu of fee will be applied to each unit proposed in excess of the
Zoning Districts permitted density.
3. Donation of Land. The value of the land shall equal or exceed the total "in-lieu of" fee for all workforce
units or shall be of sufficient size to develop the same number of units. The value of the donated land must be
verified by a MAI appraisal no more than three (3) months old. The appraisal shall be obtained by developer at
developer's cost to verify the value of donated land. The land shall be deeded to the city prior to the issuance
of a final certificate of occupancy for the development.
4. Off-Site Construction. The workforce housing units may be built off-site, provided they are
constructed within the city limits. All off-site workforce housing units shall comply with all sections of these
Regulations.
5. Purchase Market Rate Units. Purchase an equivalent number of existing market rate units to be
deeded to the city or sold to eligible households. Such units shall be deed restricted to comply with the
Workforce Housing Ordinance. The developer may retain the title to off-site units subject to recordation of a
city approved deed restriction.