Fort Walton Beach Ordinance — 2099--Land Dev Code for Workforce Housing — reading text

RtAMINGJ DATL' Ist Lt yesi 2nd 4 z60 120a ORDINANCE 2099 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 4 OF THE LAND DEVELOPMENT CODE FOR WORKFORCE HOUSING; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Fort Walton Beach, Florida recognizes there is a shortage of workforce housing in Okaloosa County and the City; and WHEREAS, the workforce housing shortage affects nearly every aspect of the economy making it harder for local businesses to find and retain a dependable workforce; and WHEREAS, on November 10, 2020, City Council held a workshop to discuss workforce and affordable housing. During the workshop, Staff presented an overview of the City' s housing objectives and incentives and workforce/ affordable housing programs throughout the state; and WHEREAS, On January 25, 2022, a public workshop was held with City Council to discuss proposed Land Development Code changes that could help promote the development of workforce housing within the City; and WHEREAS, the City Council has determined it would serve a public purpose and provide a benefit to the public to establish a workforce housing program to incentivize the development of workforce housing in the City of Fort Walton Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: SECTION 1. AUTHORITY AND INTENT The authority for enactment of this ordinance is contained in Chapter 166. 021, 163. 3202, and other provisions of the Florida Statutes and Section 2 of the City Charter. SECTION 2. AMENDMENT OF LAND DEVELOPMENT CODE CHAPTER 4 DEVELOPMENTSTANDARDS 4. 10. 00 - WORKFORCE HOUSING 4. 10. 01 - Purpose and intent The regulations in this section are intended to encourage workforce housing opportunities within the City through the implementation of the goals, obiectives, and policies of the City of Fort Walton Beach Comprehensive Plan Housing Element. 4. 10. 02 - Definitions In addition to the definitions in Section 1. 08 02 of this LDC words defined in this Section have the meaning provided when used in this LDC. Area median income ( AMI): The median family income for the Fort Walton Beach Metropolitan Statistical Area, as published by the US Bureau of the Census and the US Department of Housing and Urban Development, unless otherwise specified.  Affordable owner occupied housing unit: A dwelling unit for which the mortgage payment does not exceed thirty (30) percent of the gross income of the household. Affordable renter occupied housing unit: A dwelling unit for which the rental payment does not exceed thirty (30) percent of the gross income of the household. Low Income: A household with an income up to eighty ( 80) percent of the area median income. Market -rate unit: A dwelling unit in a residential development that is not a workforce housing unit. Moderate Income: A household with an income un to one hundred and twenty ( 120) percent of the area median income. Very low Income: A household with an income up to fifty (50) percent of the area median income. Workforce housiniz unit: Housing unit built for very low, low, and moderate income households. 4. 10. 03 - Eligibility A. Eligible proiects shall include: 1. Rehabilitation to address HUD or building code violations in units that will be provided as workforce housing. 2. Construction of new single- family workforce housing units. 3. Construction of new multi -family workforce housing units. 4. 10. 04 - Requirements for workforce housing A. Applicants shall demonstrate desire for participation in the workforce housing programby submitting a completed application at the time the development application is submitted to the City. B. Applicants shall submit a workforce housing plan which must include the following_ 1. A site plan that identifies the number, structure type, location, and size of the proposed workforce housing units and market rate units: 2. The income levels to which the workforce housing units will be restricted; 3. The mechanisms that will be used to assure that the units remain available to workforce housing income groups;  4. Any other information as may be deemed necessary to demonstrate compliance with this section. C. The development shall have thirty percent ( 30%) or more of the dwelling units available to households defined as workforce, consistent with annually adjusted Department of Housing and Urban Development income guidelines. D. There shall be adequate assurances ( e.g., deed restrictions or restrictive covenants that the housing units will remain workforce housing units over a period of 15 years. 4. 10. 05 - Incentives for workforce housing A. The following incentives shall be available to qualified workforce housing development: 1. Density Bonus: Any development providing workforce housing pursuant to this section shall be entitled to additional density beyond the maximum base standards that are otherwise provided in the established zoning district in which the development is located. Table 4. 10. 05 contains the maximum allowable dwelling units per acre ( du/ ac). Table 4. 10. 05. Density Bonus Zoning District R- 2 MX -1 MX -2 25 du/ ac 25 du/ ac 35 du/ ac 2. Parking Reduction: The required number of parking spaces may be reduced for any development providing workforce housing units pursuant to this section. Parking space requirements may be reduced up to ten ( 10) percent of the total requirement, not to exceed a total reduction of ten ( 10) spaces. 3. Accelerated Review: The developer of a workforce housing development shall be eligible for accelerated development review. The developer shall inform the Growth Management Department prior to development review submittal that the development will include workforce housing. Accelerated reviews shall take priority and be reviewed prior to other development applications. 4. 10. 06 - Workforce Housing Incentive Fund A. Authorization for Use of Workforce Housing Incentive Funds: Anv workforce housing development meeting the criteria in this section may qualify for fundingfrom rom the Workforce Housing Incentive Fund. Requests to utilize this Fund shall be brought to City Council for consideration and approval. B. Funding requests to utilize the Workforce Housing Incentive Fund shall be evaluated on a first come, first -serve basis and until the Fund is denleted. City Council has the sole authority to replenish the Fund.  C. The City Council may grant such incentives through approval of a development agreement pursuant to Section 9. 08. 00, so long as the Council finds the following: 1. The application of the incentive is consistent with the goals and objectives of the City of Fort Walton Beach Comprehensive Plan, and, 2. The provision of the incentive furthers the intent of this section. SECTION 3. APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Fort Walton Beach. This ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this ordinance. SECTION 4. REPEALER. Any and all ordinances and regulations in conflict herewith are hereby repealed to the extent of any conflict. SECTION 5. INCLUSION INTO THE LAND DEVELOPMENT CODE It is the intent of the City Council that the provisions of this ordinance shall become and be made a part of the City of Fort Walton Beach' s Land Development Code, and that the sections of this ordinance may be renumbered or relettered and the word " ordinance" may be changed to section," " article," " regulation," or such other appropriate word or phrase in order to accomplish such intentions. SECTION 6. SEVERABILITY. In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are declared severable. SECTION 7. FINDINGS The City Council of the City of Fort Walton Beach finds that the Local Planning Agency reviewed and recommended approval of the ordinance on April 7, 2022. The City Council of the City of Fort Walton Beach finds that the proposed ordinance is consistent with the goals, objectives, and policies of the City' s Comprehensive Plan. The City Council of the City of Fort Walton Beach finds that all notice requirements for enactment of the ordinance have been met in accordance with the Florida Statutes and the City' s Land Development Code. SECTION 8. EFFECTIVE DATE. This ordinance shall take effect immediately upon approval on second reading by the City Council and signature of the Mayor. Adopted: Ar,l 2b 1eaZ I c chard A. Rynearson, Mayor Attest: Kim . Barnes, City Clei Additions are underlined;