Ordinance No. 2020-19 - Affordable Housing Density Bonus Text AmendmentCLE CITY OF CLERMONT
d� ORDINANCE NO.2020-19
AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY
COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
AMENDING THE CODE OF ORDINANCES, CHAPTER 122 ZONING;
AMENDING SECTION 122-358 AFFORDABLE HOUSING DENSITY
BONUS; PROVIDING FOR CODIFICATION; SEVERABILITY;
EFFECTIVE DATE; AND PUBLICATION.
WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the City of
Clermont Planning and Zoning Commission, acting as the Local Planning Agency of the City, has
held a public hearing on September 3, 2019 and following such hearing found this Ordinance to
be in the best interest of the City of Clermont, and recommended that the City Council adopt this
Ordinance; and
WHEREAS, the City Council of the City of Clermont desires to add Section 122-358,
Workforce Housing Density Bonus, of the City of Clermont's Code of Ordinances;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont that
the Clermont Code of Ordinances, Chapter 122 Affordable Housing Density Bonus is amended as set
forth in the following amendments, as shown in strikethrough and underline format in Section 2.
SECTION 1.
The City Council of the City of Clermont has the authority to adopt this Ordinance pursuant
to Article VIII of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes.
SECTION 2.
The Land Development Code of the City of Clermont Code of Ordinances is hereby
amended to read as follows:
Section 122-358 Workforce Housing Density Bonus
(a) It is the intent of the City to provide an opportunity for greater availability of
workforce housing inventory through a density bonus and to set -aside oPfloating units as defined
in sub -section (e) below. The purpose is to encourage workforce housing opportunities where
they may not otherwise be accessible by the private marketplace.
(b) Sites for workforce housing shall be located in close proximity to a collector
roadway or higher and provide access to the following facilities, services and/or activity centers
through an interconnected system of sidewalks, bicycle paths/lanes, transit stops and other
amenities: Employment centers; Shopping centers that include stores offering household goods
and services needed on a frequent and recurring basis; and public parks, recreation areas, and/or
open space.
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CLE ' N. CITY OF CLERMONT
dORDINANCE NO.2020-19
(c) A density bonus may be granted only when the applicant presents clear and
convincing evidence that the proposed design, density, intensity and mix of uses will result in
superior development that is compatible with the surrounding neighborhoods and achieves the
criteria for approval provided in this section. The maximum allowable density bonus may not be
permitted for some projects.
(d) Any density bonus shall require City Council approval.
(e) Criteria for workforce housing density bonus in consideration of projects.
Criteria
City of Clermont
Density Bonus Criteria
The current City Code allows for up to 12 dwelling units
per acre the density bonus for workforce housing would
be any density greater than 12 dwelling units per acre
outside the Central Business District:
(1) Hooks Street Corridor:
Projects may qualify for a maximum density with bonus
units up to 20 dwelling units per acre provided the
project meet the criteria for approval. The developer
must set aside thirty percent (30%) of the overall units
for workforce housing. The units must include a mixture
of different unit sizes and types.
(2) Wellness Way Area: (excluding properties on
Hartwood Marsh Road)
Projects may qualify for a maximum with bonus of 25
dwelling units per acre provided the project meet the
criteria for approval. The developer must set aside -thirty
percent (30%) of the overall units for workforce
housing. The units must include a mixture of different
unit sizes and types.
Definitions of Workforce Units and
"Workforce Housing" as defined by the City of
Floating Units:
Clermont, is monthly housing costs that shall not exceed
30% of the total household income as defined by HUD.
"Floating Units" are defined as those units that are
rented to tenants that meet the AMI requirements and
can be located anywhere within the project. Qualifying
units may not be permanently designated for AMI
qualifying tenants.
"Target Household Income Levels:
The workforce housing units shall be designated for the
eighty (80) to one -hundred and twenty 120) percent of
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the Area Median Income} (AMI), based upon household
size.
**To be determined on a yearly basis by the Area
Median Income (AMI) for the City of Clermont as
defined each year by the U.S. Department of Housing I
and Urban Development (HUD). Household income
limits are calculated in relation to the Area Median
Income (AMI) with adjustments for family size and
housing cost -to -income relationship as shown in sub-
section (f) below for the Orlando -Kissimmee -Sanford,
FL MSA.
Length of Affordability:
Perpetuity. The number of units required for the initial
qualification for the density bonus must be maintained
in perpetuity for the life of the project.
Quality of Units:
Floating units must be of the same quality and design
and should not appear different. Residents must have the
access to the same amenities as all other residents of the
prof ect.
Management of Units:
A management agreement is required between the
applicant and the City, a community land trust or
mutually agreeable instrument to the applicant and City.
This agreement must address marketing, applicant
screening, the process for establishing rental rates,
monitoring, Fair Housing compliance, determination of
income qualifications, and other elements as determined
by the City Manager or his/her designee. This
agreement must be recorded and obligate all successors
and assigns.
Household Income and levels of
The U.S. Department of Housing and Urban
Affordability
Development (HUD) defines and calculates different
levels of AMI for geographic areas by household sizes.
Below is an illustration of how the Housing and Urban
Development has designed the levels of affordability for
the Target Household and Income Levels above.
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�� ORDINANCE NO.2020-19
(f) Translating incomes into workforce housing cost based upon 2019 AMI, which is
updated annually.
Household Size
Maximum
Income
Moderate Income
(80% of AMI)
Max Income
(120% of
AM
One Person
38,850
58,275
Two -Person
44,400
66,600
Three —Person
49,950
74,925
Four —Person
55,500
83,250
Five -Person
59,950
89,925
Six —Person
1 64,400
96,600
Seven -Person
68,850
103,275
Eight -Person
73,300
109,950
(g) Workforce rents for housing units vary by the number of bedrooms in the housing
unit. This is because the income limits vary by the household size, and the number of bedrooms
affects how many people a unit can comfortably house.
(h) The table below is the actual rates based upon the 2019 AMI for maximum rents
considered workforce, based on the maximum income allowed for the household size, income
limits and housing unit size or bedrooms allowed to provide comfortable and safe housing. Each
household will require income and workforce rent certification based on their actual income and
household size. Annual verification of leased units as part of the density bonus is required from
the date originally certified and must be certified by the City Manager or his/her designee. These
rates will change annually based upon the HUD income limits.
Number of
workforce Rent at
Bedrooms
80% of AMI
(Moderate)
1-Bedroom
$971
2-Bedrooms
$1249
3-Bedrooms
$1499
4-Bedrooms
$1610
(i) An administrative review is required to ensure that the proposed project and its
intended occupants meet the standards and income requirements for workforce housing. All
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tea«_ ORDINANCE NO.2020-19
developers are required to schedule a pre -application meeting and complete an application for
density bonus with the Development Services Department.
(j) Annual verification of leased units as part of the density bonus is required
annually to be submitted to Development Services Department no later than February 15th
(k) The applicant must enter into a management agreement with the City, a
community land trust, or other instrument mutually agreeable to the City and the applicant, to
administer the workforce set -aside units. This agreement must address marketing, applicant
screening, the process for establishing rental rates, monitoring, Fair Housing requirements, and
other elements as determined by the City Manager or his/her designee.
(1) Projects may not pay a contribution in lieu of providing workforce units on -site
to attain a density bonus.
(m) Example of number of total units, workforce units and market rate
Acres
15
Base Densit 12
180
Bonus Density 8
units/acre
120
Total Units
300
Workforce Market rate
90 210
SECTION 4.
All ordinances or parts of ordinances in conflict with any of the provisions of this
Ordinance are hereby repealed.
SECTION 5.
The text of Section 2 of this Ordinance shall be codified as a part of the Clermont City
Code. The codifier is authorized to make editorial changes not effecting the substance of this
Ordinance by the substitution of "Article" for "Ordinance", "Section" for "Paragraph", or otherwise
to take such editorial license.
SECTION 6.
Parcels qualified for the Hooks Street corridor shall have frontage on Hooks Street and
shall be east of U.S. Highway 27. Parcels qualified for Wellness Way shall be within Sections 13-
36 Township 23 Range 26 and be east of U.S. Highway 27 and shall not have ingress/egress or
frontage on Hartwood Marsh Road.
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SECTION 7.
This Ordinance shall be published as provided by law and it shall become law and shall
take effect immediately upon its Second Reading and Final Passage.
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CLE06NT CITY OF CLERMONT
ORDINANCE NO.2020-19
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 23'd of June, 2020.
CITY OF CLERMONT
i
ZA_ ,
Mayor
Approved as to and legality:
Daniel F. Mantzaris, City Attorney