A.

Purpose and intent. The purpose of this section is to provide for and maintain a variety of housing opportunities for present and future residents of the City of Parkland. The provisions of this section shall supersede any conflicting provisions of this land development code. The section is intended to comply with F.S. ch. 163 generally and the Broward County Land Use Plan, Objective 1.07.00 and supporting policies and the City of Parkland Land Use Element.

B.

Definitions.

1.

Affordable housing means an owner-occupied or rental dwelling unit that has a mortgage or rental payment, including utilities, not exceeding thirty (30) percent of the gross income of households at or below one hundred twenty (120) percent of the area median income, as adjusted for family size.

2.

Workforce housing means an owner-occupied or rental dwelling unit that has a mortgage or rental payment, including utilities, not exceeding twenty (20) percent of the annual gross income of households at or below one hundred forty (140) percent of the area median income, as adjusted for family size.

C.

Affordable housing incentives. To meet the needs of present and future Parkland residents for affordable housing, a variety of incentives are provided. These incentives are listed below, along with the percentage of the units in the entire development which must meet the standards of affordable housing as defined in this land development code. This section of the code shall supersede when in conflict with other articles and sections of the land development code.

1.

Permit and review fee refunds. All developments committing to fifteen (15) percent affordable housing units shall be eligible for refund of fifty (50) percent of all land development review and building permit fees. Refunding of permit and review shall be funded from a special line item in the budget for said matters or if no special line item exists, from the general fund. Developments will be eligible to request a refund of permit and review fees only for the units designated as affordable, contingent upon the availability of funds. This does not include impact fees, and park and multipurpose trail dedication requirements. Applicants seeking fee refunds shall submit an application on forms provided by the city.

2.

Affordability agreement. The recipient of any affordable housing incentive shall enter into a deed restriction affordability agreement with the county. The affordability agreement shall provide the number and designation level of affordable units, and period of time as affordable, for the development to seek fee refunds according to the terms and conditions of the agreement, consistent with the written policies and procedures established by the city commission.

3.

Affordable housing density bonus.

a.

Developments located within any residential or commercial zoning district or future land use category with a density of six (6) units per acre or greater, and with a minimum fifteen (15) percent of units designated as affordable housing, are eligible to apply for a fifteen (15) percent density bonus consistent with the criteria in Broward County Land Use Plan, provided the city has available reserve or flexibility units under the rules and regulations set forth in the Broward County Land Use Plan. To the extent permitted by the Broward County Land Use Plan, an application for a density bonus shall not require a land use plan amendment or rezoning and shall be submitted and evaluated as part of a site plan or plat application. In evaluating the density bonus request, the city shall consider the density and intensity of surrounding land uses and compatibility with neighboring uses in determining the maximum density to allow. A density bonus may be less than the highest density bonus amount permitted. Density bonuses may be considered only within the development site creating the bonus units.

b.

In addition to the criteria set forth the application of the density bonus shall require consideration of the necessary infrastructure to support the increase in density.

c.

Density bonus agreement. Any developer obtaining a density bonus shall enter into a land use and deed restriction agreement with the city. The agreement shall provide for the number of units which can be built subject to a density bonus and to ensure that the required percentage of units are maintained as affordable units and/or special needs units, for a period of time consistent with the written policies and procedures established by Broward County.

D.

Workforce housing incentives. To meet the needs of county residents for workforce housing as defined in these land development regulations, the following incentives are provided.

1.

Density bonus. Developments located within any residential or commercial zoning or future land use category, with a density of six (6) units per acre or greater, and with at least fifteen (15) percent of units designated as workforce housing are eligible to apply for a fifteen-percent density bonus, consistent with the criteria in the Broward County Land Use Plan. An application for a density bonus, that does not otherwise require a rezoning or amendment to the comprehensive plan by the Broward County Land Use Plan shall be submitted and evaluated in the same manner as a site plan. In evaluating the density bonus request, the city shall consider the density and intensity of surrounding land uses and compatibility with neighboring uses in determining the maximum density to allow. A density bonus may be less than the highest density bonus amount permitted. Density bonuses may be considered only within the development site creating the bonus units.

2.

Permit and review fee refunds. All developments with workforce housing units shall be eligible for refunds of fifty (50) percent of all development review and building permit fees paid. This does not include impact fees, connection fees or similar fees. The refund shall be paid from a special line item in the budget established for said purposes or if no such fund is established, from the general fund.

3.

Workforce housing agreement. The recipient of any workforce housing incentive shall enter into deed restriction agreement with the city. The agreement shall provide the number and designation level of workforce units, and period of time as workforce housing, and any other requirements in order to receive housing trust fund monies or units consistent with the written policies and procedures established by the city commission.

E.

Modification of development standards for affordable and workforce housing.

1.

Incentives. The following requirements or standards may be reduced by up to fifteen (15) percent for developments committing to a minimum of fifteen (15) percent affordable or workforce housing, provided they do not have negative impacts to the health, safety, and welfare of the residents of the City of Parkland as determined in the sole discretion of the city commission. These include:

a.

Front yard setbacks;

b.

Side yard setbacks (shall not be reduced to less than five (5) feet);

c.

Rear yard setbacks;

d.

Maximum lot coverage requirements.

2.

Affordability agreement. The recipient of any affordable housing or workforce housing incentive or bonus shall enter into a deed restriction affordability agreement with the county and city. The affordability agreement shall provide the number and designation level of affordable or workforce housing units, and period of time as affordable, for the development to seek fee refunds according to the terms and conditions of the agreement, consistent with the written policies and procedures established by the city commission.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)