8313-12ORDINANCE NO. 8313-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE; BY
AMENDING SECTION 3-902 TO CLARIFY EXCEPTIONS FOR
GRANTING INCREASED DENSITY; BY AMENDING SECTION 3-920,
AFFORDABLE HOUSING PARKING REQUIREMENTS, BY RENAMING
THE SECTION TO AFFORDABLE HOUSING INCENTIVES, BY ADDING
AN AFFORDABLE HOUSING DENSITY BONUS AND PARKING
INCENTIVES AND ASSOCIATED QUALIFYING CRITERIA; BY
AMENDING SECTION 4-401 TO ESTABLISH AFFORDABLE HOUSING
DEVELOPMENTS AS A LEVEL TWO APPROVAL; AND BY AMENDING
ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION,
SECTION 8-102, DEFINITIONS, BY ADDING DEFINITIONS FOR
AFFORDABLE HOUSING UNIT, DWELLING, AFFORDABLE HOUSING
BONUS DENSITY, AND DWELLING, RESERVED AFFORDABLE
HOUSING; CERTIFYING CONSISTENCY WITH THE CITY'S
COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, it is necessary to amend the Community Development Code for consistency
with the Comprehensive Plan, and
WHEREAS, it is necessary to amend the Community Development Code to implement
affordable housing goals, objectives and policies of the Comprehensive Plan, including
Objective C.1.9 and Policies C.1.9.1, C.1.9.2 and C.1.9.3, and
WHEREAS, it is a goal of the City to provide quality affordable housing to the citizens of
Clearwater, and
WHEREAS, the City desires to support the affordable housing incentives that are
included in the Economic Development and Housing DepartmenYs Local Housing Incentives
Strategy, Consolidated Planning Document and SHIP Local Housing Assistance Plan (LHAP),
and
WHEREAS, the City desires to incentivize the constFUCtion of mixed-income affordable
housing developments, and
WHEREAS, it is necessary to amend the Community Development Code for consistency
with the Rules of the Countywide Plan, and
WHEREAS, the City desires to amend the Community Development Code to enhance
its review procedures for level one and level two approvals in an effort to ensure that projects
will be consistently well-designed throughout the city, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Ordinance No. 8313-12
Section 1. That Article 3, Development Standards, Division 9, General Applicability
Standards, Section 3-902, Comprehensive plan densities/intensities, of the Community
Development Code, be, and the same is hereby amended to read as follows:
Section 3-902. Comprehensive plan densities/intensities.
A. Notwithstanding any provision in Article 2 of this Community Development Code, no
application for development approval shall be granted for any development which
exceeds the densities and intensities for that development in the comprehensive plan�
exce�t applications for development approvals that include affordable housinq bonus
densitv dwellina units may be aranted pursuant to standards set forth in Section 3-920.
Section 2. That Article 3, Development Standards, Division 9, General Applicability
Standards, Section 3-920, Affordable housing parking requirements, of the Community
Development Code, be, and the same is hereby amended to read as follows:
Section 3-920. Affordable housing incentives .
A. Affordable housina density dwellina units.
1. Citv review and approval process.
a. Citv approval procedures. Such approval shall be considered a
Level Two (flexible development) approval in accordance with the
provisions of Article 4 Division 4 of the Communitv Development
Code. The use of the densitv bonus as qrovided within this section
shall not be considered a land use qlan amendment.
b. Pre-aaplication conference reauired. Prior to submitting an
a�plication for development review of a proposal that includes
affordable housinct bonus densitv dwellinq units, the applicant
shall meet with the City's Economic Development and Housinq
Department Director for the purpose of determinina that the
proposed development meets the definition of "affordable housinq
uniY' and to discuss affordable housing reauirements as required
bv the City's Economic Development and Housing Department.
The reauired pre-application conference shall occur no more than
six (6) months qrior to application for development review. The
application for development review shall include a letter from the
Citv's Economic Development and Housing Department verifving
that the development meets the criteria above.
2. Coasta/ Storm Area. No affordable housinQ bonus densitv proiects mav
be located in the Coastal Storm Area.
3. Densitv bonus.
a. Mixed-income affordable housinq develoaments. Mixed-income
affordable housina developments contain a maximum of twentv-
five (25) percent affordable housinq units, the remainder beinq
market-rate housing units. The percentaae of bonus units
awarded is based on the percentaqe of affordable housinq units
provided, as shown in the table below:
2 Ordinance No. 8313-12
Percentage Affordable Bonus Densitv
Housinq Dwelling Units Awarded
Provided
15% 25%
25% 50%
For example: An applicant has a 1-acre site with a future land use
classification of Residential Medium (RM) (15 units per acre). The
applicant proqoses that finrentv-five (25) qercent of the units will be
affordable housing, therefore the density bonus awarded to the
development will be fifty (50) percent. This example is calculated
below:
Maximum Base Number of Units 15
Permitted
Maximum Number of Units awarded 15 x.50 = 7.5
bv Densitv Bonus
Maximum Total Number of Units (1) 15 + 7.5 = 22.5 = 22
Minimum Number of Reserved 22.5 x.25 = 5.6=6
Affordable Housinq Units(2)
(1) When the determination of the maximum total number of units allowed
in the development results in a fractional dwelling unit, the number shall
be rounded down to the nearest whole number: this is the allowable
density of the development.
(2) The number of reserved affordable housing units is based on the total
number of units to be built on the site, including those awarded through
the bonus. For the puraose of calculatina the minimum number of
reserved affordable housing units, when the maximum total number of
units calculation results in a fraction, the figure shall not be rounded up
or down. When the determination of the minimum number of reserved
affordable housina units in the development results in a fractional
dwelling unit, any fraction less than one-half unit shall be rounded down
to the nearest whole number and any fraction of one-half unit or more
shall be rounded ua.
b. Other affordab/e housing developments. Other affordable housing
developments contain more than finrentv-five (25) percent
affordable housinq units. The percentaae of bonus units awarded
shall be finrenty (20) percent.
For example: An applicant has a 1-acre site with a future land use
classification of Residential Medium (RM) (15 units per acre). The
applicant proposes that seventv-five (75) percent of the units will
be affordable housing, therefore a twenty (20) percent bonus
densitv is awarded. This example is calculated below:
Ordinance No. 8313-12
Maximum Base Number of Units 15
Permitted
Maximum Number of Units awarded bv 15 x.20 = 3
Density Bonus (1)
Maximum Total Number of Units 15 + 3= 18
(1) When the calculation results in a fraction, the number shall be rounded
down to the nearest whole number.
c. Standards. In addition to the provisions for attached dwellinqs set
forth in Article II, the followinq standards shall be met:
i.) Compatibilitv criteria.
�a.) The project shall be consistent with existing special
area plans, if anv.
(b.) Proqortionality and scale of the proposed
development shall be consistent with the
community character of the immediate vicinitv of
the parcel proqosed for develoqment.
�c.) The overall aesthetics of the proposed
development shall be comqatible with or an
imqrovement to the community character as
determined by the Communitv Development
Coordinator.
Sd.) The scale and coveraae of the proposed
development shall be compatible with adjacent
properties. If the overall bulk is larger than the
surroundina buildinqs, the bulk may be reduced
with the help of design elements such as step
backs and setbacks as illustrated below.
Existing
Surrounding Buildings
Proposed Development
Existing
Surrounding Buildings
Prohibited- In this illustration, a big box building without step backs is not compatible with surroundings.
Ordinance No. 8313-12
Existing Existing
Surrounding Buildings Proposed Development Surrounding Buildings
Permitted- In this illustration, step backs ensure neighborhood compatibility and reduce bulkiness.
ii.) Desiqn criteria.
(a.) The reserved affordable housing dwellina units
shall be mixed with, and not clustered together or
seqreqated in any wav from, market-rate units in
the development.
(b.) Building materials and finishes of the interior and
exterior of the affordable housinq dwellinq units
shall be consistent with market-rate units in the
development.
(c.) The architectural features of the buildings and each
of the affordable housinq dwellina units shall be
eauivalent to market-rate buildinqs and units in the
development.
(d.) All building facades, includinq fenestrations, in a
development shall have a unified architectural
treatment.
�e.) The horizontal plane of a buildinq mav continue
uninterruqted for no more than fifty linear feet (50').
The vertical plane of a building mav continue
uninterrupted for no more than ten feet (10'). The
vertical plane interruqtions mav include but are not
limited to awninqs, arcades, balconies, niches,
projections, etc.
Prohibited
Ordinance No. 8313-12
Permitted
(f.) There shall be no more than six (6) units in any
contiguous groupinq of townhouse or multiplex
units. No more than two (2) abuttinp attached units
shall have uniform roof lines or the same setback.
Variations in setback of building faces shall be at
least three feet (3').
(g.) The minimum size for the affordable housina
dwelling units shall be 400 sa. ft. for efficiencv
units, 550 sa. ft. for one bedroom units and 750 sa.
ft. for two bedroom units. An additional 200 sa. ft.
shall be provided for each additional bedroom in
units with more than two bedrooms.
(h.) The number and size of bedrooms for the
affordable units shall reflect the same aroportion as
the market-rate units. For example, if a proiect
contains 50% one (1) bedroom units and 50% finro
(2) bedroom units, then the set aside affordable
units shall reflect these percentactes. The bedroom
size(s) of the affordable units shall be the same as
the bedroom size(s) of the market-rate units.
iii.) Green buildincr criteria. The followina criteria shall be met
for all dwellina units in the development (where this Code
conflicts with provisions in the most recent Florida Buildinq
Code, the more strinqent requlation shall applv):
(a.) At least fiftv (50) percent of reauired plant materials
shall be those which are native to Central Florida,
considered Florida-friendlv plant materials,
reauiring minimal amounts of water, fertilizers and
pesticides, and which are recommended in the
Plant Guide of the Southwest Florida Water
Manaqement District.
(b.) Water conserving plumbing fixtures with the
followin4 maximums shall be installed: 1.6 aallons
per flush (qpfl toilets, 2.0 qallons per minute (apm)
showerheads and 1.0 aallons per minute (apm)
faucet aerators.
(c.) If appliances are provided, thev shall be ENERGY
STAR labeled appliances if available.
Ordinance No. 8313-12
(d.) Compact fluorescent (CFL) bulbs or liqht emittinq
diode (LED) bulbs for all ambient (household)
liqhtinq shall be installed.
(e.) Roofinq reauirements:
(i.) Roofing materials shall have a Solar
Reflectance Index (SRI) eaual to or greater
than 78 for low-sloped roofs (<_2:12) or 29
for steep-sloped roofs (>2.12) for a
minimum of seventv-five (75) percent of the
roof surface; or
(ii.) Vegetated roofs shall cover a minimum of
fiftv (50) percent of the total proiect roof
area. Any combination of SRI compliant and
veqetated roof mav be used, qrovided thev
collectively cover seventy-five (75) percent
of the total development roof area.
4. Reauired covenants to maintain affordabilitv.
a. Owner-occupied units.
i.) Covenant. Prior to obtaining a buildinct permit, the
applicant shall deliver to the Communitv
Develoqment Coordinator a restrictive covenant,
dulv executed bv the owner of the parcel(s), in a
form apqroved bv the Citv Attorney, that shall
address income restrictions, homebuver or tenant
qualifications, lonct-term affordabilitv, and anv other
applicable restrictions and aualifications pertaininq
to the development and the reserved affordable
housinq units. The covenant shall be recorded in
the Public Records of Pinellas Countv, Florida
before it is delivered to the Communitv
Development Coordinator. This covenant shall run
with the land and shall be bindinq on the assians,
heirs and successors of the applicant. Reserved
affordable housinq units that are provided under
this section shall remain as affordable housina for a
minimum of twenty (20) years from the date of
initial owner occupancv for ownership affordable
housina units.
ii.) Sale or lease. No lease or sale shall be executed
for anv reserved affordable housing unit that is
owner-occupied until the property owner(s) has
submitted the reauired documentation for the
household income for the proposed owner or
occupant to the City's Economic Development and
Housina Department for verification that it meets
the aqplicable affordable housina reauirements.
b. Rental units.
i.) Covenant. Prior to obtaininq a buildinq permit, the
applicant shall deliver to the Communitv
Development Coordinator a restrictive covenant,
duly executed bv the owner of the parcel(s), in a
Ordinance No. 8313-12
form approved bv the City Attornev, that shall
address income restrictions. homebuver or tenant
qualifications. lonq-term affordabilitv, and anv other
applicable restrictions and aualifications pertaininq
to the development and the reserved affordable
housing units. The covenant shall be recorded in
the Public Records of Pinellas County, Florida
before it is delivered to the Communitv
Development Coordinator. This covenant shall run
with the land and shall be bindinq on the assigns,
heirs and successors of the applicant. Reserved
affordable housinct units that are provided under
this section shall remain as affordable housing for a
minimum of thirtv (30) years from the date of initial
occupancv for rental affordable housinq units.
ii.) Annual reaorts. Prior to June 1St of each vear, the
property owner(s) or authorized property manager
of any reserved rental affordable housina dwellinq
unit shall submit to the Citv's Economic
Development and Housinq Department Director an
annual report for the precedina calendar vear, in a
format as approved bv the Citv, in order for the Citv
to verifv that the tenants meet the income
reauirements for the reserved rental affordable
housina dwellina units and that other stipulations in
the covenant are being met.
B. Affordable housing parkinq incentive. T�e—r�i��m�Tfm'f�T'-�Off-street parking
,
, may be reduced to one and
one half (1.5) parking spaces, or less per unit, '
r°°;^'°^+;�' „°°° ��° ^°r^�;++°,� provided the site with affordable housinp units is
located within 1.000 feet of a transit stop as measured from the nearest point of
exit from the parcel based upon the shortest route of ordinary pedestrian travel
and subiect to the followina:
1. The parking requirement may be reduced to between one and one half
(1.5) and one (1) space per unit if the affordable housina units are
desiqnated for senior citizens or disabled persons.
2. In the case of attached dwellinqs, if parkinq is proposed next to the buildinq, a
buffer that includes a four (4) foot sidewalk and a five (5) foot landscaped area
shall be provided befinreen the buildinq and parking as illustrated below.
Sidewalk
Ordinance No. 8313-12
Section 3. That Article 4, Development Review and Other Procedures, Division 4,
Permitted Uses: Level Two, Section 4-401, Purpose and applicability, of the Community
Development Code, be, and the same is hereby amended to read as follows:
This division establishes the approval required to commence development of a
use in a zoning district which is identified in that district as requiring a Level Two
approval and affordable housinct developments pursuant to Section 3-920.
Section 4. That Article 8, Definitions and Rules of Construction, Section 8-102,
Definitions, of the Community Development Code, be, and the same is hereby amended to read
as follows:
�*�**
Affordable housinq unif ineans anv residential dwellina unit leased or
owned bv a household with a household income of one hundred twenty percent
(120%) or less of the adjusted area median familv income for Pinellas Countv,
Florida, as determined by the U.S. Department of Housina and Urban
Development (HUD). The rental rates for leased Workforce Affordable Housina
Units, as defined in Charter Section 2.01(d)(5)(i), shall not exceed the rates
published by the Florida Housinq Finance Corporation for annual "Maximum
Rents by Number of Bedroom Unit" for the Tampa-St. Petersburq-Clearwater
Metropolitan Statistical Area (MSA). For non-rental units, the sales price mav not
exceed ninety percent (90%) of the averaae area price for the Tampa- St.
Petersburq-Clearwater MSA, as established bv the annual revenue procedure
which provides issuers of aualified mortgaae bonds, as defined in Section 143(a)
of the internal Revenue Code, and issuers of mortgaqe credit certificates, as
defined in Section 25(c) of the Internal Revenue Code, with the nationwide
averaqe purchase price for the residences located in the United States.
*****
Dwellincr, affordable housinp bonus densitv means the additional dwelling
unit(s) that is/are permitted on a site as an incentive for the construction of
affordable housinq pursuant to this code.
*****
Dwelling, reserved affordable housina means the dwellina unit(s) reauired
to be reserved as affordable housing in a development as a result of apqroved
affordable housina bonus densitv dwellinq units.
***********
Section 5. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
9 Ordinance No. 8313-12
Section 6. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Section 7. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 8. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 9. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
; ;,
,
Leslie K. Douga - d s
Assistant City Atto y
►7�n� ��, 2012
July 19, 2012
--�GOf�t !� f�C��Os
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
10 Ordinance No. 8313-12