TA2012-01001; ORD 8313-12 4
Case number: TA2012-01001
Ordinance number: 8313-12
Agenda Item: F.1
Planner: Cate Lee, Planner III, Lon� Ran�e Plannin�
CDB Meeting Date: April 17, 2012
Case Number: TA2012-01001
Ordinance Number: 8313-12
Agenda Item: F_l
CITY OF CLEARWATER
PLANNING & DEVELOPMENT DEPARTMENT
STAFF REPORT
REQUEST: Amendments to the Community Development Code — Ordinance No.
8313-12
INITIATED BY: The City of Clearwater Planning& Development Department
BACKGROUND:
In the early and mid 2000s the Florida housing market experienced a significant boom cycle that
increased housing costs. This particularly impacted affordable housing as land costs became too
high in communities without an ample supply of vacant land, such as Clearwater. The City's
Evaluation and Appraisal Report, which was released in August 2006, indicated a need to create
specific policies in the Clearwater Comprehensive Plan to incentivize affordable housing,
specifically calling for density bonuses and parking reductions. In December 2008 the
Clearwater City Council approved amendments to the Clearwater Comprehensive Plan that
included an objective and policies relating to affordable housing incentives. This proposed
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ANALYSIS: -
Modern development practices have led to housing stratification by income. This is an important
issue as certain neighborhoods and communities become burdened by a disproportionate share of
lower income households. The proposed ordinance includes amendments that establish density
bonuses for projects containing affordable housing and criteria for such bonuses and revises the
existing parking reduction incentive for affordable housing developments. The proposed
ordinance incentivizes mixed-income affordable housing, which are developments that contain a
maximum of 25 percent affordable housing, the remainder being market rate units. Under the
proposed ordinance, these mixed-income developments will receive a larger density bonus than
affordable housing developments that contain more than 25 percent affordable housing units.
Proposed Ordinance No. 8313-12 includes the following amendments:
1. Clarifies that the densities contained in the Clearwater Comprehensive Plan can be
exceeded under the new affordable housing density provisions (see page 2 of the
proposed ordinance).
Community Development Board—April 17,2012
TA2012-01001—Page 1
2. Sets forth the review and approval process for granting the affordable housing density
bonus (see page 2 of the proposed ordinance).
Approval will be a Level Two approval process, which means granting of the density
bonus requires a hearing before the Community Development Board. Prior to submitting
an application for development that requests the density bonus the applicant must meet
with the Director of the City's Economic Development and Housing Department to
ensure the proposal meets the requisite definitions and thresholds. This early
communication will benefit both the applicant and the City.
3. Establishes a density bonus and sets forth how it is calculated, differentiating between
mixed-income affordable housing developments and other affordable housing
developments (see pages 2-4 of proposed ordinance).
Mixed-income affordable housing developments will be awarded a 25 percent density
bonus if 1 S percent of the dwelling units are reserved as affordable and a 50 percent
density bonus if up to 25 percent of the dwelling units are affordable.
Other affordable housing developments that contain more than 25 percent affordable
housing units will be awarded a 20 percent density bonus, provided they meet the criteria
of the section.
4. Sets forth standards that apply to all affordable housing developments that are granted the
density bonus, including compatibility criteria, design criteria and green building criteria
(see pages 4-7 of proposed ordinance).
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surrounding neighborhood. For example, the proportionality and scale of buildings have
to be consistent with those in the immediate area. The design criteria ensure a higher
aesthetic level is achieved. For example, the number of contiguous townhouse or
multiplex units is limited and vertical plane interruptions (e.g., awnings, balconies) every
ten feet are required. The green building criteria ensure units remain affordable over time
by reducing utility costs.
5. Sets forth criteria for the required covenant to maintain affordability, which address both
owner-occupied units and rental units (see pages 7-8 of proposed ordinance).
6. Sets forth the standazds for approval for the affordable housing parking incentive, which
allows a reduction in required parking spaces provided the criteria are met (see page 8 of
proposed ordinance).
Required parking may be reduced if the site is located within 1,000 feet of a transit stop
and if the affordable housing units are designated for senior citizens or disabled persons.
Senior citizens and disabled persons have a decreased need for parking spaces, when
compared with households that contain families, which typically have multiple eligible
auto drivers.
Community Development Board—April 17,2012
TA2012-0 l 001—Page 2
_ _
7. Clarifies that affordable housing developments receiving the density bonus will be
reviewed as a Level Two application (see page 9 of proposed ordinance).
8. Sets forth definitions for: affordable housing unit; dwelling, affordable housing bonus
density; and dwelling, reserved affordable housing (see page 9 of proposed ordinance).
CRITERIA FOR TEXT AMENDMENTS:
Community Development Code Section 4-601 sets forth the procedures and criteria for
reviewing text amendments. All text amendments must comply with the following.
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Objectives and
Policies which will be furthered by the proposed Code amendments:
Objective A.6.9 Decrease energy consumption, use more renewable energy and reduce the
impact of the built environment on the natural environment.
The green building criteria in the proposed ordinance are designed to decrease energy
consumption over the life of the project.
Policy C.1.1.5 The City of Clearwater shall continue to provide information, incentives,
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production that meets the needs of very low, low, and moderate
households.
Providing the density bonus incentive and reduced parking incentive will aid the private
sector in making affordable housing developments economically feasible.
Objective G1.2 Objective for Affordable Housing - The City of Clearwater shall continue
to provide assistance and incentives for the development of housing that is
affordable to very low, low, and moderate income households, including
those with special needs, consistent with the level of growth in these
income categories.
Both the density bonus and parking reduction are incentives that the City is offering to
affordable housing developments.
Policy C.1.2.5 Define Affordable Housing as any residential dwelling unit ]eased or
owned by a household with a household income of one hundred twenty
percent (120%) or less of the adjusted area median family income for
Pinellas County, Florida, as determined by the U.S. Department of
Community Development Board—April 17,2012
TA2012-01001—Page 3
Housing and Urban Development (HUD). The rental rates for leased
Workforce Affordable Housing Units shall not exceed the rates published
by the Florida Housing Finance Corporation for annual "Maximum Rents
by Number of Bedroom Unit" for the Tampa-St. Petersburg-Clearwater
Metropolitan Statistical Area (MSA). For non-rental units, the sales price
may not exceed ninety percent (90%) of the average area price for the
Tampa- St. Petersburg-Clearwater MSA, as established by the annual
revenue procedure which provides issuers of qualified mortgage bonds, as
defined in Section 143(a) of the internal Revenue Code, and issuers of
mortgage credit certificates, as defined in Section 25(c) of the Internal
Revenue Code, with the nationwide average purchase price for the
residences located in the United States.
The definition for affordable housing unit in the proposed ordinance is consistent with this
policy (see page 9 of the proposed ordinance).
Objective C.1.9 The City of Clearwater shall be proactive in incentivizing the construction
of affordable housing.
Providing the density bonus and reduced parking will incentivize the construction of
affordable housing,particularly units in mixed-income developments.
Policy C.1.9.1 The City will provide density bonuses for affordable housing
developments that demonstrate that a minimum of 15% of the total units
are reserved as affordable housing units. Such bonuses shall not exceed
50% of the density permitted by the Future Land Use Map and shall not
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shall be established by ordinance in the Community Development Code.
The proposed ordinance implements this policy (see pages 2-4 of the proposed ordinance).
Policy C.1.9.2 Allow flexibility with regard to setbacks and off-street parking to
accommodate density bonuses associated with affordable housing
developments provided the project design does not detract from the
established or emerging character of the immediate vicinity.
The proposed ordinance will provide flexibility to off-street parking, if the criteria are met
(see page 8 of the proposed ordinance).
Policy C.1.9.3 Allow flexibility with regard to off-street parking for projects containing
affordable housing units located within 1000 feet of a transit stop.
The proposed ordinance implements this policy (see page 8 of the proposed ordinance).
Objective C.1.10 Recognizing that sustainable building techniques contribute to keeping
housing units affordable over the long term by reducing energy
Community Development Board—April 17,2012
TA2012-01001 —Page 4
consumption, lowering utility bills and decreasing maintenance costs, the
City of Clearwater will promote the use of green housing construction and
renovation and rehabilitation techniques.
The proposed ordinance contains green building criteria that must be met to receive the
density bonus (see pages 6-7 of the proposed ordinance). These criteria reduce energy
consumption and ensure that utility costs remain affordable over time.
2. The proposed amendment furthers the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendment will further the purposes of the Community Development
Code in that it will be consistent with the following purposes set forth in Section 1-103.
• It is the purpose of this Development Code to implement the Comprehensive Plan of the
city; to promote the health, safety, general welfare and quality of life in the city; to guide
the orderly growth and development of the city; to establish rules of procedure for land
development approvals; to enhance the character of the city and the preservation of
neighborhoods; and to enhance the quality of life of all residents and property owners of
the city. (CDC Section 1-103.A).
The proposed amendment implements many objectives and policies of the Comprehensive
Plan as outlined in the analysis above.
• It is the purpose of this Community Development Code to create value for the citizens of
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tne i,iiy or �.iearwaier �y ensunr�g ina� uevei�pri�eni aiiu reueveiup�ieni wiii nui iiavc a
negative impact on the value of surrounding properties and wherever practicable
promoting development and redevelopment which will enhance the value of surrounding
properties (CDC Section 1-103.B.2).
• It is further the purpose of this Development Code to protect the character and the social
and economic stability of all parts of the city through the establishment of reasonable
standards which encourage the orderly and beneficial development of land within the city
(CDCSection 1-103.E.2).
The compatibility criteria,design criteria and preference of mixed-income affordable housing
developments aims to ensure high quality affordable housing that is located throughout the
City and not concentrated in specific neighborhoods.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with and will
further the goals of the Clearwater Comprehensive Plan and the purposes of the Community
Development Code. Based upon the above, the Planning and Development Department
recommends APPROVAL of Ordinance No. 8313-12 that amends the Community Development
Code.
Community Development Board—April 17,2012
TA2012-01001—Page 5
Prepared by Planning and Development Department Staff:
�� � ,.
,
`�.�a^�,�^�:
Catherine Lee,Planner III
ATTACHMENT:
❑ Ordinance No.8313-12
S:IPlanning DepartmentlCommunity Development Code12012 Code AmendmentslTA2012-01001-HousrngLStaff ReportlTA2012-01001 CDB
Staff Report.doc
Community Development Board—April 17,2012
TA2012-01001—Page 6
Catherine Lee, LEED Green Associate
100 South Myrtle Avenue
Clearwater,FL 33756
727-562-4557
catherine.lee(a�myclearwater.com
PROFESSIONAL EXPERIENCE
• Planner III,Long Range Division October 2010 to Present
• Planner II,Long Range Division November 2008 to October 2010
City of Clearwater, Clearwater, Florida
Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive
planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community
Development Code by Ordinance. Prepare staff reports for the City Council and Community.
Development Board. Coordinate and manage various projects.
• Planner I and Planner II,Development Review Division
City of Clearwater, Clearwater, Florida March to October 2008
Provided information to the public concerning the City's Community Development Code, Clearwater
Downtown Redevelopment Plan, Beach by Design and general zoning information. Reviewed
building plans for compliance with the Community Development Code. Presented Flexible Standard
Development applications before the Development Review Committee.
• Research Assistant
Geography Department, Brigham Young University, Provo, Utah September 2007 to January 2008
Contributed research on various land use and planning issues, including locally unwanted land uses
and their roles in the American West for Dr.Richard H. Jackson,AICP.
• Teaching Assistant
Geography Department, Brigham Young University, Provo, Utah January 2007 to December 2007
Explained North American land use patterns and concepts to students, including planning history and
current practices. Graded student writing and exams, providing feedback for improvement and
clarification of planning concepts.
• Planning Intern
City of Port Angeles, Port Angeles, Washington May to August 2007
Assisted citizens at the zoning counter regarding the City's Municipal Code. Performed research
related to intergovernmental cooperation, comprehensive plan amendments, and code changes.
Presented research findings to the Planning Commission.
EDUCATION
Bachelor of Science in Urban,Rural and Environmental Planning,Brigham Young University, 2007
ASSOCIATION MEMBERSHIP
• American Planning Association
• LEED Green Associate
ORDINANCE NO. 8313-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKlNG
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE; BY
AMENDING SECTION 3-902 TQ 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 Department's Local Housing Incentives
Strategy, Consolidated Planning Document and SHIP Local Housing Assistance Plan (LHAP),
and
WHEREAS, the City desires to incentivize the construction 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 Artic{e 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 plan1
except applications for development approvals that include affordable housinq bonus
densitv dwellinq units mav be qranted 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 housing densitv dwellinq 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 provided within this section
shall not be considered a land use plan amendment.
b Pre-application conference required Prior to submittinq an
application for development review of a proposal that includes
affordable housinq bonus densitv dwellinq units, the applicant
shall meet with the Citv's Economic Development and Housinq
Department Director for the purpose of determininq that the
�roposed development meets the definition of "affordable housinq
unit� and to discuss affordable housinq requirements as required
h�� the Citv's Economic Development and Housinq Department.
The required pre-application conference shall occur no more than
six (6) months prior to application for development review. The
application for development review shall include a letter from the
Citv's Economic Development and Housinq Department verifvinq
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 housinp developments. Mixed-income
affordable housinq developments contain a maximum of twentv-
five (25) percent affordable housinq units, the remainder beinq
market-rate housinq units. The percentaqe 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
Percentaqe Affordable Bonus Densitv
Housing Dwellinq 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
a�plicant proposes that twentv-five (25) percent of the units will be
affordable housinq, therefore the densitv 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 Housing 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
densitv 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 throuah
the bonus. For the purpose of calculating the minimum number of
reserved aiiorda�ie housing uniis, when ine maximum ioiai number oT
units calculation results in a fraction, the fiqure shall not be rounded up
or down. When the determination of the minimum number of reserved
affordable housing units in the develonment 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 up.
b. Other affordable housing developments. Other affordable housinq
developments contain more than twentv-five (25) percent
affordable housinq units. The percentaae of bonus units awarded
shall be twenty (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 seventy-five (75) percent of the units will
be affordable housing, therefore a twenty (20) percent bonus
densitv is awarded. This example is calculated below:
3 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 Totai Number of Units 15 +3 = 18
S1) 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 qroject shall be consistent with existing special
area plans, if an�
(b.) Proportionalitv and scale of the proposed
development shall be consistent with the
community character of the immediate vicinity of
the parcel proposed for development.
(c.) The overall aesthetics of the proposed
development shall be compatible with or an
improvement to the communitv character as
determined by the Communitv Development
Coordinator.
(d.) The scale and coverage of the proposed
development shall be compatible with adjacent
properties. If the overall bulk is larqer than the
surroundina buildings, the bulk mav be reduced
with the help of desiqn elements such as step
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Existing Proposed Development Existing
Surrounding Buildings Surrounding Buildings
Prohibited-In this illustration,a big box building without step backs is not compatible with surroundings.
4 Ordinance No. 8313-12
Existing Proposed Development Existing
Surrounding Buildings Surrounding Buildings
Permitted-In this illustration,step backs ensure neighborhood compatibility and reduce bulkiness.
ii.) Desiqn criteria.
(a.) The reserved affordable housinq dwellinq units
shall be mixed with, and not clustered toqether or
seqreaated in any wav from, market-rate units in
the development.
(b.) Buildina materials and finishes of the interior and
exterior of the affordable housing dwelling units
shall be consistent with market-rate units in the
development.
(c.) The architectural features of the buildinqs and each
of the affordable housinq dwellinq units shall be
equivalent to market-rate buildinqs and units in the
development.
(rl 1 All hi iilrliry fa�aGlgc, inrli�r�ir� fgnQctratinnc in a
development shall have a unified architectural
treatment.
�.� The horizontal plane of a building mav continue
uninterrupted for no more than fiftv linear feet (50').
The vertical plane of a building mav continue
uninterrupted for no more than ten feet (10'). The
vertical plane interruqtions may include but are not
limited to awninqs, arcades. balconies niches
proiections. etc.
�
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Prohibited
5 Ordinance No. 8313-12
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(f.) There shall be no more than six (6) units in anv
contiquous qrouping of townhouse or multiplex
units. No more than two (2) abuttinq attached units
shall have uniform roof lines or the same setback.
Variations in setback of buildinq faces shall be at
least three feet (3').
(q.) The minimum size for the affordable housina
dwellinq units shall be 400 sg. 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 proportion as
the market-rate units. For example, if a project
contains 50% one (1) bedroom units and 50% two
(2) bedroom units, then the set aside affordable
�nifg g�all raflg�t fl�ggg Mgr�a�;t��ag. Thg hg�„ir��m
size(s) of the affordable units shall be the same as
the bedroom size(s) of the market-rate units.
iii.) Green buildinq criteria. The followinq criteria shall be met
for all dwelling units in the development (where this Code
conflicts with provisions in the most recent Florida Building
Code, the more strin ent regulation shall applv):
(a.) At least fiftv (50) percent of required plant materials
shall be those which are native to Central Florida
considered Florida-friendlv plant materials
requirinq minimal amounts of water, fertilizers and
pesticides, and which are recommended in the
Plant Guide of the Southwest Florida Water
Management District.
(b.) Water conservinq plumbing fixtures with the
followinq maximums shall be installed: 1.6 gallons
per flush (qpfl toilets, 2.0 gallons per minute (gpm�
showerheads and 1.0 qallons per minute (gpm)
faucet aerators.
(c.) If appliances are provided, thev shall be ENERGY
STAR labeled appliances if available.
6 Ordinance No. 8313-12
(d.) Compact fluorescent (CFL) bulbs or liqht emittinct
diode (LED) bulbs for all ambient (household)
I�htinq shall be installed.
(e.} Roofinq requirements:
(i.) Roofinq materials shall have a Solar
Reflectance Index (SRI) equal to or qreater
than 78 for low-sloped roofs (s2:12) 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
fift (y 50) percent of the total proiect roof
area. Anv combination of SRI compliant and
veqetated roof mav be used, provided thev
collectively cover seventy-five (75) percent
of the total devetopment roof area.
4. Required covenants to maintain affordabilitv.
a. Owner-occupied units.
i.) Covenant. Prior to obtaininq a building permit, the
a�plicant shall deliver to the Communitv
Development Coordinator a restrictive covenant,
dulv executed by the owner of the parcel(s), in a
form approved by the City Attornev, that shall
address income restrictions, homebuver or tenant
gualifications, lonq-term affordabilitv, and any other
applicable restrictions and qualifications pertaininq
to the development and the reserved affordable
housing units. The covenant shall be recorded in
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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 housing units that are provided under
this section shall remain as affordable housinq for a
minimum of twenty (20) vears from the date of
initial owner occupancv for ownership affordable
housina units.
ii.) Sa/e or /ease. No lease or sale shall be executed
for any reserved affordable housing unit that is
owner-occupied until the propertv owner(s) has
submitted the required documentation for the
household income for the proposed owner or
occupant to the Citv's Economic Development and
Housinq Department for verification that it meets
the applicable affordable housing requirements.
b. Rental units.
i.) Covenant. Prior to obtaininq a buildina permit, the
�plicant shall deliver to the Communitv
Development Coordinator a restrictive covenant,
dulv executed bv the owner of the parcel(s), in a
7 Ordinance No. 8313-12
form approved by the City Attornev, that shall
address income restrictions, homebuyer or tenant
qualifications, lonq-term affordability, and any other
applicable restrictions and qualifications pertaininq
to the development and the reserved affordable
housinq 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 assiqns,
heirs and successors of the applicant. Reserved
affordable housing units that are provided under
this section shall remain as affordable housing for a
minimum of thirty (30) vears from the date of initial
occupancv for rental affordable housing units.
ii.) Annual reports. Prior to June 1St of each year, the
rp operty owner(s) or authorized property manaqer
of any reserved rental affordable housing dwellinq
unit shall submit to the Citv's Economic
Development and Housina Department Director an
annual report for the preceding calendar year, in a
format as approved bv the Citv, in order for the Citv
to verifv that the tenants meet the income
requirements for the reserved rental affordable
housinq dwellinq units and that other stipulations in
the covenant are beinq met.
B. Affordable housina parkinq incentive. T",„�;^�,ri,;;���eOff-street parking
...�4 fnr nfFnrrinhl F�n � inn ��r�i4 r7 f'norJ h��hc ('ifii��l�n�����
rcciuirc.�r uo�'r�ir���my arnrJ� �u� v�t�rrca o n��c—vn
�,.,,.,,,,,�,;,. no.,o�,,.,,,.,e.,+ ,.,,� u,,,,�;.,,. no.,�,+,,.,o.,+ may be reduced to one and
one half (1.5) parking spaces, or less per unit, �^ �^„ �AMtYI/Y ,�;�+r;,.+ ��ihoro
reni�Jen�i�+I „�e� nre .,e�.,,,;++o,� provided the site with affordable housing units is
located within 1,000 feet of a transit stop and subiect to the followinq:
1. The parkinq requirement mav be reduced to between one and one half
(1.5) and one (1) space per unit if the affordable housinq 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 between the building and parking as illustrated below.
-�.-
Bu�ld�ng.
„��
,-
,� ��, � _ s� ..'�
Sidewalk
8 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 Comrriunity
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 housinq 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 unit means any residential dwelling 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 County�
Florida, as determined bv the U.S. Department of Housing and Urban
Development (HUD). The rental rates for leased Workforce Affordable Housinq
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 bv Number of Bedroom Unit" for the Tampa-St. Petersburq-Clearwater
Metropotitan Statistical Area (MSA). For non-rental units, the sales price may not
exceed ninetv percent (90%) of the averaqe area price for the Tampa- St.
Petersburq-Clearwater MSA, as established bv the annual revenue procedure
which provides issuers of qualified mortqaae bonds, as defined in Section 143(a)
of the internal Revenue Code, and issuers of mortgage credit certificates, as
defined in Section 25(c) of the Internal Revenue Code, with the nationwide
average purchase price for the residences located in the United States.
* ****
Dwellinp, affordable housinq bonus densitv means the additional dwellinq
unit(s) that is/are permitted on a site as an incentive for the construction of
affordable housing pursuant to this code.
* * **�
Dwellinq, reserved affordable housing means the dwelling unit(s) required
to be reserved as affordable housinq in a development as a result of approved
affordable housinq bonus densitv dwelling 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
George N. Cretekos
Mayor
Approved as to form: Attest:
Leslie K. Dougall-Sides Rosemarie Call
nSSiSiai�i viji�iivi i�cji viji C.i2i n
10 Ordinance No. 8313-12