TO: Mayor and Commissioners
FROM: Lynn Gelin, City Attorney
DATE: May 19, 2026
Title
APPROVE A WORKFORCE HOUSING COVENANT BETWEEN THE CITY OF DELRAY BEACH AND KMF ALTON DELRAY, LLC, PURSUANT TO THE REQUIREMENTS UNDER SECTION 4.7 OF THE LAND DEVELOPMENT REGULATIONS
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Recommended Action:
Recommendation
Motion to Approve the Workforce Housing Covenant between the City of Delray Beach and KMF Alton Delray, LLC, pursuant to the requirements under Section 4.7 of the Land Development Regulations.
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Background:
Pursuant to the provisions of Section 166.04151(7), Florida Statutes (the “Live Local Act”), the development of multifamily and/or mixed-use multifamily projects in certain commercial and industrial zoning districts shall be authorized provided that such projects include a minimum of 40% of the total number of units as affordable housing, as defined by Section 420.0004, Florida Statutes, for a minimum period of 30 years. KMF Alton Delray, LLC, (the “Developer”) has proposed a project pursuant to the Live Local Act located at 2101 S. Congress Avenue, Delray Beach.
On December 8, 2025, the City issued a Certification Letter authorizing the development of 386-unit multifamily building, 1,784 square feet of industrial uses, and associated improvements, of which 155 of said units are to be set aside for affordable housing. This Covenant memorializes the duties and responsibilities of the Developer pursuant to the City’s Land Development Regulations. Specifically, each rental unit would be restricted to a household with a gross, combined income between 81 percent and 120 percent of the Palm Beach County Adjusted Median Income. The units will remain restricted for a period of 40 years and the City’s reporting requirements will ensure that the units remain affordable and compliant with the terms of the Covenant for the duration.
City Attorney Review:
Approved as to form and legal sufficiency.