Live Local Act

The Live Local Act entitles eligible affordable housing rental projects to certain use, density and height standards and such projects must be approved administratively provided the project meets other applicable city development standards.  

To be eligible, a project must meet the following criteria:

1. Be in an area zoned for commercial, industrial, or mixed-use.
2. Be a multi-family or mixed-use rental development.
3. At least 40% of the residential units must be affordable1 to households up to 120% area median income (AMI) for a period of at least 30 years.
4. If mixed-use, at least 65% of the total square footage must be residential.

Affordable housing projects meeting these criteria are entitled to the following: 

1. Use: Permitted to build multi-family or mixed-use rental projects on any land zoned for commercial, industrial, or mixed-use without a zoning change.
2. Density: Permitted the same density as the highest residential density allowed in the city where residential development is permitted.
3. Height: Permitted the same building height as what is currently allowed for a residential or commercial project within one mile of the proposed development, or three stories, whichever is higher.
4. Parking: Required off-street parking may be reduced if a project is located within one-half mile of a major transit stop.

    

75 units per acre 

This is the highest residential density allowed in the city. This density and is otherwise only permitted in the Downtown Core Character District, a subdistrict of Downtown.

Live Local Act projects are not permitted to also utilize the city’s affordable housing density bonus set forth in the Community Development Code Section 3-920. 

Vertical mixed-use projects in the Downtown (D) District may utilize their full residential density and non-residential intensity pursuant to Community Development Code Section 3-902.F.

A project’s permitted height will depend on what is permitted through the city’s zoning on those properties within a mile of the proposed project. 

The Live Local Act states that the city may not restrict height below the highest allowed for either commercial or residential development within city limits and within one mile of an eligible project, or three stories, whichever is higher.  

Maximum permitted height varies by zoning district. Planners in either the Development Review or Long Range Planning Divisions can assist you with determining what this would be for a specific property in the city.

The Act states that an eligible project must be approved administratively, but the city’s other Community Development Code standards continue to apply.  

Article 4, Division 3 of the city’s Code establishes the approval process for the city’s “Level One” applications which are administrative reviews where the authority to approve or deny an application is granted to the Community Development Coordinator. The city has two “Level One” applications:

• Minimum Standard Development application, sometimes referred to as a BCP, can proceed to the submittal of a building construction permit application without a separate site plan review process.
• Flexible Standard Development applications or FLS are reviewed by the city’s Development Review Committee (DRC) first, and that committee makes a recommendation to the Community Development Coordinator.

The applicable review process is identified for each eligible project type (100% residential or mixed-use) in the summary tables provided above.

Building setbacks will depend on the zoning district and type of eligible project proposed. The setbacks and flexibility, if available to be requested, are summarized in the tables above. 

Additional details and explanation is provided within the Live Local Act City of Clearwater Policy Memo provided above, starting on page 6.

Yes. In most eligible zoning districts, a parking reduction is possible. But, when vehicle parking is reduced, a project must provide long-term bike parking. 

The Live Local Act requires local governments to “consider” reduced parking for eligible projects within one-half mile (2,640 feet) of a “major transit stop”, which is not a defined term in the city’s Community Development Code and is not defined in the Act.  

Parking for eligible projects will be as follows: 

Affordable Housing Density Bonus 

The city’s affordable housing density bonus and other zoning incentives are set forth in CDC Section 3-920. Mixed-income projects containing between 15% and 25% affordable housing units are eligible for a 25% to 50% bonus (see table in the Code). Projects with a higher percentage of units dedicated for affordable housing may receive a 20% density bonus.

Additional Legislative Incentives for Affordable Housing (HB 1339 & SB 962) 

Section 166.04151(6), F.S., allows a local government to approve any residential or mixed-use residential development on any parcel zoned for commercial or industrial use as long as 10% of the housing units are set aside for affordable housing, regardless of any zoning or other regulations that are in place. 

Affordable housing projects in the Commercial (C) or Industrial, Research & Technology (IRT) Districts may be permitted as Comprehensive Infill Redevelopment (or Comp Infill) Projects. Projects must meet the applicable Comp Infill criteria which address a myriad of items including, but not limited to, consistency with the city’s Comprehensive Plan and Code; not impeding the normal and orderly development and improvement of surrounding properties; and compliance with one or more stated objectives including the provision of affordable housing. 

Comp Infill projects are Level Two Flexible Development (FLD) applications. Level Two applications require review by the DRC, which makes a recommendation regarding project approval. The authority for approval or denial is granted by the Code to the city’s Community Development Board. Although this means that a public hearing is required, a future land use change and rezoning are not also required.