§ 47-13.52. NWRAC-MU special regulations.

A.

Applicability. In addition to the provided for in Section 47-13.50 General Regulations, the following additional regulations shall apply to all development permitted within the NWRAC-MU zoning districts as shown on the List of Permitted and Conditional Uses, Section 47-13.10 As used herein, the NWRAC-MU Design Standards shall refer to the NWRAC-MU: Illustrations of Design Standards on file with the Department and incorporated herein as if fully set out in those sections of the ULDR that refer to the NWRAC-MU Design Standards.

1.

Street Classifications. In the NWRAC-MU all streets are classified as primary or secondary. This classification is made according to various functional characteristics of the street such as width, traffic volume, and suitability for human-scale, pedestrian-friendly street life. The form of development that occurs on any given street is in part determined by the street classification. The regulations for development arising from street classifications encourage development of both sides of the street in a consistent manner and in character with the established residential areas of the NWRAC-MU or development that is compatible with zoning districts outside of the NWRAC-MU. The NWRAC-MU Design Standards establishes development provisions intended to reinforce the qualities described for primary and secondary streets. For each street type, the right-of-way width and particular street section may vary depending on available space and other existing constraints.

a.

Primary Streets: Primary streets are characterized by an active commercial ground floor, which includes walk-up residential, commercial and retail uses with taller and more intensive buildings fronting the street creating a consistent streetwall. Primary Streets typically feature a full complement of pedestrian amenities, including wide sidewalks, on street parking, and a well-developed streetscape, which may include open space for public use. Primary Streets are the principal urban streets and are intended to be well used by vehicles and pedestrians and to be the primary transit routes. In the NWRAC, the Primary streets are:

i.

7 ^th Avenue.

ii.

6 ^th Street (Sistrunk Boulevard).

iii.

Sunrise Boulevard.

iv.

Broward Boulevard.

v.

Andrews Avenue.

vi.

Progresso Drive.

b.

Secondary Streets: Secondary streets are more residential in nature, and have smaller scale compatible non-residential uses transitioning from the higher intensity primary streets that are more urban in nature to the existing residential and commercial neighborhoods, which are lower in scale and intensity. Secondary streets offer a combination of a mix of uses, but at less intensity and with less vehicular traffic while maintaining a pedestrian friendly environment. Secondary streets are: streets other than Primary Streets listed in subsection (a) above.

2.

All dimensional requirements shall be as provided in Section 47-13.31.

3.

Dumpsters shall be located to allow access from existing alleys and away from existing residential property to the greatest extent possible.

B.

Performance standards and criteria for additional height bonus.

The following performance standards and criteria shall be met by developments requesting an increase in maximum height pursuant to Note B of Section 47-13.31, Table of Dimensional Requirements for the following NWRAC-MU zoning districts:

• NWRAC-MUe (west of NW 2 ^nd Avenue)—up to one hundred ten (110) feet

• NWRAC-MUw—up to sixty-five (65) feet

1.

The purpose of Affordable Housing height incentive is to maintain a balanced community that provides housing for people of all income levels and to ensure the opportunity of affordable housing for employees of businesses that are located or will be located in the community.

a.

Definitions: As used in this section, the following words and terms shall have the meanings specified herein:

b.

Affordable housing: Housing with a sales price or rental amount within the means of a household that may occupy moderate- and low-income housing. In the case of dwelling units for sale, affordable means housing in which mortgage, amortization, taxes, insurance, and condominium or association fees, if any, constitute no more than thirty percent (30%) of such gross annual household income for a household of the size that may occupy the unit in question. In the case of dwelling units for rent, affordable means housing for which the rent and utilities constitute no more than thirty percent (30%) of such gross annual household income for a household of the size that may occupy the unit in question.

i.

Affordable housing development: Housing subsidized by the federal or state government, or any housing development in which at least twenty percent (20%) of the housing units are affordable dwelling units.

ii.

Affordable housing development agreement: A written agreement between an applicant for a development and the city or county containing specific requirements to ensure the continuing affordability of housing included in the development.

iii.

Affordable housing development plan: A plan prepared by an applicant for an affordable housing development under this section that outlines and specifies the development's compliance with the applicable requirements in this section.

iv.

Affordable housing dwelling unit: A dwelling unit subject to covenants or restrictions requiring such dwelling units to be sold or rented at prices preserving them as affordable housing in perpetuity by deed restriction.

v.

Affordable housing unit: A dwelling unit subsidized by the federal or state government or an affordable dwelling unit.

vi.

Conversion: A change of a residential rental development or a mixed use development that includes rental dwelling units to a development that contains only owner-occupied individual dwelling units, or a change of a development that contains owner-occupied individual units to a residential rental development or mixed use development.

vii.

Low-income housing. According to the U.S. Department of Housing and Urban Development, housing that is affordable, for either home ownership or rental, and that is occupied, reserved, or marketed for occupancy by households with a gross household income that does not exceed fifty percent (50%) of the median gross household income for households of the same size within Broward County in which the housing is located.

viii.

Median gross household income: The median income level for the Broward County, as established and defined in the annual schedule published by the secretary of the U.S. Department of Housing and Urban Development, adjusted for household size.

ix.

Moderate-income housing. According to the U.S. Department of Housing and Urban Development, housing that is affordable, for either home ownership or rental, and that is occupied, reserved, or marketed for occupancy by households with a gross household income that is greater than fifty percent (50%) to one hundred percent (100%) of the median gross household income for households of the same size within the Broward County in which the housing is located.

2.

Any development requesting additional height pursuant to section 47.13.52.B above shall include at least ten percent (10%) of all units in a development as affordable housing.

3.

Application and Affordable Housing Development Plan:

a.

For all developments in which affordable housing is required to be provided or in which the applicant proposes to include affordable housing, the applicant shall complete and file an application on a form required by the City with the Department of Sustainable Development ("DSD"), Urban Design & Planning Division ("UD&P"). The application shall require, and the applicant shall provide, among other things, general information on the nature and the scope of the development as the City may determine is necessary to properly evaluate the proposed development.

b.

As part of the application required under subsection 2 above, the applicant shall provide to the City an affordable housing development plan. The plan shall be subject to approval by the DSD/UD&P Division and shall be incorporated into the affordable housing development agreement pursuant to subsection d. below. The affordable housing development plan shall contain, at a minimum, the following information concerning the development:

i.

A general description of the development, including whether the development will contain units for rent or for sale;

ii.

The total number of market-rate units and affordable housing units;

iii.

The number of bedrooms in each market-rate unit and each affordable unit;

iv.

The square footage of each market-rate unit and of each affordable unit measured from the interior walls of the unit and including air-conditioned and non-air-conditioned areas;

v.

The location in the development of each market-rate and affordable housing unit;

vi.

If construction of dwelling units is to be phased, a phasing plan stating the number of market-rate and affordable housing units in each phase;

vii.

The estimated sale price or monthly rent of each market-rate unit and each affordable housing unit;

viii.

Documentation and plans regarding the exterior appearances, materials, and finishes of the affordable housing development and each of its individual units; and

ix.

A proposed marketing plan to promote the sale or rental of the affordable units within the development to eligible households.

c.

Criteria for Location, Integration, Character of Affordable Housing Units:

An affordable housing development shall comply with the following criteria:

i.

Affordable housing units in an affordable housing development shall be mixed with, and not clustered together or segregated in any way from market-rate units.

ii.

If the affordable housing development plan contains a phasing plan, the phasing plan shall provide for the development of affordable housing units concurrently with the market-rate units. No phasing plan shall provide that the affordable housing units built are the last units in an affordable housing development.

iii.

The exterior appearance of affordable housing units in an affordable housing development shall be made similar to market-rate units by the provision of exterior building materials and finishes substantially the same in type and quality.

d.

Affordable Housing Development Agreement:

i.

Prior to the issuance of a building permit for any units in a development in which an affordable unit is required pursuant to the criteria of subsection B, the applicant shall have entered into an affordable housing development agreement with the City. The development agreement shall set forth the commitments and obligations of the City and the applicant, and shall incorporate among other things, the affordable housing development plan.

ii.

The applicant shall execute any and all documents deemed necessary by the City in a form to be established by the City Attorney's Office, including, without limitation, restrictive covenants, deed restrictions, and related instruments (including requirements for income qualification for tenants of for-rent units) to ensure the continued affordability of the affordable housing units in accordance with this section.

iii.

Restrictive covenants or deed restrictions required for affordable units shall specify that the title to the subject property shall be transferred only with prior written approval by the City.

e.

Enforcement of Affordable Housing Development Agreement; Affordability Controls:

i.

The DSD Director or designee shall promulgate rules as necessary to implement this section. On an annual basis, the director shall publish or make available copies of the U.S. Department of Housing and Urban Development household income limits and rental limits applicable to affordable units within the local government's jurisdiction, and determine an inflation factor to establish a resale price of an affordable unit.

ii.

The resale price of any affordable unit shall not exceed the purchase price paid by the owner of that unit with the following exceptions:

(a)

Customary closing costs and costs of sale;

(b)

Costs of real estate commissions paid by the seller if a licensed real estate salesperson is employed;

(c)

Consideration of permanent capital improvements installed by the seller; or

(d)

An inflation factor to be applied to the original sale price of a for-sale unit pursuant to rules established herein.

iii.

The applicant or his or her agent shall manage and operate affordable units and shall submit an annual report to the City identifying, which units are affordable units in an affordable housing development, the monthly rent for each unit, vacancy information for each year for the prior year, monthly income for tenants of each affordable unit, and other information as required by the City, while ensuring the privacy of the tenants. The annual report shall contain information sufficient to determine whether tenants of for-rent units qualify as low- or moderate-income households.

iv.

For all sales of for-sale affordable housing units, the parties to the transaction shall execute and record such documentation as required by the affordable housing development agreement. Such documentation shall include the provisions of this ordinance and shall provide, at a minimum, each of the following:

(a)

The affordable housing unit shall be sold to and occupied by eligible households in perpetuity by deed restriction from the date of the initial certificate of occupancy.

(b)

The affordable housing unit shall be conveyed subject to restrictions that shall maintain the affordability of such affordable housing units for eligible households.

v.

In the case of for-rent affordable housing units, the owner of the affordable housing development shall execute and record such document as required by the affordable housing development agreement. Such documentation shall include the provisions of this ordinance and shall provide, at a minimum, each of the following:

(a)

The affordable housing units shall be leased to and occupied by eligible households.

(b)

The affordable housing units shall be leased at rent levels affordable to eligible households and occupied by eligible households in perpetuity by deed restriction from the date of the initial certificate of occupancy.

(c)

Subleasing of affordable housing units shall not be permitted without the express written consent of the DSD Director or designee.

4.

Additional Height Criteria:

In addition to the performance standards outlined herein, the following additional criteria shall apply:

a.

Land uses within the development shall be appropriate in their proposed location, compatible with their relationship to each other, and with uses and activities on abutting and nearby properties;

b.

Where a proposed use is of larger scale and mass than existing adjacent uses, the design of the structure shall place significant consideration to transition, architectural articulation, superior lining with habitable space and screening of parking garage structures; effective transition between higher and lower density uses; or allow incompatible adjacent land uses to be developed in a manner that is not possible using a conventional zoning approach; and,

c.

Street and alley vacations shall not be considered unless the applicant demonstrates no decrease to the pedestrian and functional connectivity previously provided and increases options for pedestrian and/or multimodal connectivity;

5.

Development that demonstrates substantial, significant and recognizable improvements and long-term beneficial effect to the community and city. Such as:

a.

Preservation/adaptive-reuse of historically significant structures not otherwise protected;

b.

Superior architectural design, placement and orientation of buildings and attainment of Leadership in Energy and Environmental Design—Neighborhood Development ("LEED ND") certification for the development or LEED certification of individual buildings and/or other similar state, national or city-recognized programs;

c.

Provision of public facilities and public usable open space such as plazas, parks, provision for waterfront public access, greenway features, etc. and may include amenities such as playgrounds, special event space, etc. where the quality and programming of the space shall be emphasized over quantity;

d.

Landscaping shall be provided in a manner which maximizes tree canopy, emphasizes native vegetation, improves the aesthetic appearance, and provides opportunities for storm water infiltration, including innovative design usage such as Low Impact Development ("LID"), which is an ecologically-based stormwater management approach favoring soft engineering to manage rainfall on site through a vegetated treatment network; and;

e.

Preservation or restoration of environmental or natural resources that would not otherwise be protected, including environmental remediation/brownfield redevelopment.

( Ord. No. C-14-51, § 1, 1-21-15 )