City of St. Petersburg Affordable Housing Site Plan Review January 2024 Elizabeth Abernethy, AICP Director, Planning & Development Services
CITY OF ST. PETERSBURG
Affordable Housing Site Plan Review:
HB 1339 – October 2021 2020 House Bill 1339 Provision
• Notwithstanding any other law or local ordinance or regulation to the contrary, the governing body of a municipality may approve the development of housing that is affordable, as defined in s. 420.004, on any parcel zoned for residential, commercial or industrial use.
2021 Ordinance Approval
• Ordinance in Chapter 17.5 Housing created a process to apply for consideration of an affordable housing development that would otherwise not be permitted in the zoning districts of Neighborhood Suburban, Neighborhood Traditional, Industrial Suburban and Industrial Traditional • Added a reference within the Land Development Regulations (LDRs) Chapter 16 and the Comprehensive Plan of this alternative process outside of the LDRs and provided a new objective in the Housing Element of the Comprehensive Plan to encourage the creation of this alternative process 2
Affordable Housing Site Plan Review:
HB 1339 – October 2021
Sec. 17.5-110. – Intent and purpose. The City recognizes that housing affordability continues to be an important issue to the citizens of St. Petersburg. The City further recognizes that its Land Development Regulations (LDRs) may sometimes be an impediment to the establishment of affordable housing on certain sites that may otherwise be appropriate for such development. The intent and purpose of this Article is to create an alternative process to that which is outlined in the City’s LDRs for the provision of affordable housing in certain residential and industrial areas of the City, pursuant to Section 166.04151(6), Florida Statutes. Approvals sought pursuant to this Article shall meet the procedural requirements set forth herein, in addition to the standards for review related to the compatibility of the development with its neighborhood. 3
Affordable Housing Site Plan Review:
HB 1339 – October 2021
• Qualifying criteria with no variances permitted, to include: zoning district location, property size, minimum number of units, mandatory affordability for all units at or below 120% AMI, minimum affordability period, and proximity to services requirements; • Requirements for public notice of a hearing; • Extensions and durations of approval; • Application process and requirements; • Procedures for City Council review and decision; and • Standards of review of the application, which include a review of the proposal for compatibility and impacts to surrounding uses.
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Affordable Housing Site Plan Review:
HB 1339 – October 2021
Minimum locational, density, affordability and property size criteria for eligibility: • Zoning designation of Neighborhood Traditional, Neighborhood Suburban, Industrial Traditional or Industrial Suburban. • NT and NS residential zoning districts - minimum lot size of one (1) acre and 20 units • IT and IS industrial zoning districts • Minimum 5 acres in size • Minimum of 60 units • Shall be located within 2 miles of public or vocational school • Shall be located within ¼ mile of PSTA bus line • Shall be located within 1 mile of a grocery store • Shall be located within 1 mile of the Pinellas Trail or City Park • Maximum rent or for sale price at 120% of AMI or below for all units • Minimum affordability period of 30 years
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Affordable Housing Site Plan Review:
HB 1339 – October 2021
Standards for review: • Ingress and egress – vehicular, bicycle and pedestrian access and safety • Environmental report of subject property and analysis of surrounding uses for industrial zoning • Off –street parking • Traffic impact report • Drainage – particular reference to effect on adjacent and nearby properties • Signs • Orientation, height and location of buildings in relation to character of the neighborhood and the appearance and harmony of the building with adjacent development and surrounding landscape • Compatibility of the use with other properties in the neighborhood • Substantial detrimental effects of the use on the neighborhood
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Affordable Housing Site Plan Review:
HB 1339 – October 2021
Standards for review: • Sufficiency of setbacks, screens and buffers for harmony with uses outside the development and to control adverse impacts from noise, light, and other nuisances • Land area is sufficient for the use • Landscaping and preservation of natural features • Sensitivity to historic and archaeological resources • Unit type including AMI % of units and rental or ownership is needed in market • If subject property is zoned industrial: • One or more of the following characteristics exist over an extended period of time: 1) vacant or underutilized land; 2) vacant or underutilized buildings; 3) poor quality job creation in terms of pay, employee density and spin-off or multiplier effects; 4) chronic competitive disadvantage in terms of location, transportation infrastructure/accessibility and other market considerations • Conversion to residential use will not cause negative impacts on surrounding industrial operations • Location and surrounding land uses will not cause any adverse impacts to the health of future residents
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Affordable Housing Site Plan Review:
SB 962 Amendment – September 2022
If a parcel is zoned for commercial or industrial use, an approval pursuant to this subsection may include any residential development project, including a mixed-use residential development project, so long as at least 10 percent of the units included in the project are or housing that is affordable and the developer of the project agrees not to apply for or receive funding under s. 420.5087 Sec. 17.5-111. Qualifying property. (g) All of the proposed dwelling units shall have a restrictive covenant that requires the dwelling units to be affordable to qualified buyers or renters at 120 percent of area median income or below for a minimum period of 30 years. Notwithstanding the foregoing, development proposals within an Industrial Traditional or Industrial Suburban zoning district consisting of 300 or more dwelling units may designate no less than 30 percent of the proposed dwelling units as affordable so long as 50 percent of those dwelling units are designated as affordable to qualified buyers or renters at 80 percent of area median income or below for a minimum period of 30 years. (h) For mixed use projects on a property, other permitted uses besides affordable housing sought pursuant to this section are subject to Chapter 16 of the City Code. However, for development proposals within an Industrial Traditional or Industrial Suburban zoning district, accessory commercial uses such as cafes, restaurants, drug stores or pharmacies, and grocery stores up to 10,000 square feet are exempt from this requirement. 8
Affordable Housing Site Plan Review: AHSPR 22-01 – Fairfield Apartments • Approved April 14, 2022 • 6.92 Acres – Industrial Traditional Zoning • 264 dwelling units
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Affordable Housing Site Plan Review: AHSPR 23-01– Palm Lake Christian Church Approved March 2, 2023 • • • • •
8.32 Acres – Residential Zoning 3-story building with up to 72 DU Seven 1-story buildings with up to 2 DUs Total of 86 dwelling units Fair Housing Act issue
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Affordable Housing Site Plan Review: AHSPR 23-02– Raytheon Submitted March 2023
• 29.11 Acres – Industrial Zoning • 1,058 units • 4-story buildings
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SB 102: Live Local Act: Amended Section: Optional Provision – minimum 10% affordable (6) Notwithstanding any other law or local ordinance or regulation to the contrary, the governing body of a municipality may approve the development of housing that is affordable, as defined in s. 420.0004, including, but not limited to, a mixed-use residential development, on any parcel zoned for residential, commercial or industrial use; and New Section: Mandatory Provision – minimum 40% affordable (7)(a) A municipality must authorize multifamily and mixed-use residential as allowable uses in any area zoned for commercial, industrial, or mixed use if at least 40 percent of the residential units in a proposed multifamily rental development are, for a period of at least 30 years, affordable as defined in s. 420.0004. Notwithstanding any other law, local ordinance, or regulation to the contrary, a municipality may not require a proposed multifamily development to obtain a zoning or land use change, special exception, conditional use approval, variance, or comprehensive plan amendment for the building height, zoning, and densities authorized under this subsection. For mixed-use residential projects, at least 65 percent of the total square footage must be used for residential purposes. 12
SB 102 – New mandatory 40% provision 1. Requires that a municipality must authorize multifamily and mixed-use residential as allowable uses in any area zoned for commercial, industrial, or mixed use Which zoning districts fall into these classifications? 16.90.020 Definitions Commercial zoning or zoned commercial means any of the following zoned districts as described in this chapter: All CCT, CCS, IS, IT, DC, RC, EC, IC districts. Residential district or residential zoning district means any NT, NS, NMH, NPUD, CRT or CRS zoning district. 2. Requires that a municipality may not restrict the density below the highest allowed density on any land in the municipality where residential development is allowed What is the highest density allowed in our City? Retail Center (RC) -2: allows up to 82 units per acre. 13
Procedural Changes • Amendments to remove Residential option from 30% projects: • Comp Plan Objective LU3 – August CPPC; and • Chapter 16.01.040 – July DRC • Next step - Ordinances to City Council • Amendments to Chapter 17.5 Affordable Housing Site Plan Review; remove Residential option from 30% projects and add process for administrative review of 40% projects
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Procedural Changes Chapter 17.5 Amendments: Add Administrative Process for 40% Mandatory Projects • Subject to same minimum review criteria as 30% projects • Establish NSM as standards for Industrial zoning Amend standards for 30% Optional Projects • Eliminate 5-acre minimum for industrial • Reduce 60-unit to 10-unit minimum for industrial • Change Process – Administrative Add Public Comment Period – 30-day 15
Live Local 2.0 SB 328: (7)(a) A municipality must authorize multifamily and mixed-use residential as allowable uses in any area zoned for commercial, industrial, or mixed use if at least 40 percent of the residential units in a proposed multifamily rental development are rental units that, for a period of at least 30 years, are affordable as defined in s. 420.0004. Notwithstanding any other law, local ordinance, or regulation to the contrary, a municipality may not require a proposed multifamily development to obtain a zoning or land use change, special exception, conditional use approval, variance, or comprehensive plan amendment for the building height, zoning, and densities authorized under this subsection. For mixed-use residential projects, at least 65 percent of the total square footage must be used for residential purposes. (b) A municipality may not restrict the density or floor area ratio of a proposed development authorized under this subsection below the highest currently allowed density or floor area ratio on any land in the municipality where residential development is allowed under the municipality’s land development regulations. The currently allowed density or floor area ratio does not include the density or floor area ratio of any development that meets the requirements of this subsection or any bonuses, variances, or other special exceptions for density or floor area ratio provided in the municpality’s land development regulations as incentives for development. 16
Live Local 2.0 SB 328:
(c) A municipality may not restrict the height of a proposed development authorized under this subsection below the highest currently allowed height for a commercial or residential building development located in its jurisdiction within one-quarter mile 1 mile of the proposed development or 3 stories, whichever is higher. If the height of each building on property adjacent to the proposed development is 3 stories or less, the municipality may restrict the height to 125 percent of the tallest building on property adjacent to the proposed development or 3 stories, whichever is higher. The currently allowed height does not include the height of any development that meets the requirements of this subsection or any bonuses, variances, or other special exceptions for height provided in the municipality’s land development regulations as incentives for development. (d) … Each municipality shall maintain on its website a policy containing procedures and expectations for administrative approval pursuant to this subsection. 2. A municipality must reduce parking requirements for a proposed development authorized under this subsection if the development is located within one-half mile of a major transportation hub that is accessible from the development by safe, pedestrian-friendly means, such as sidewalks, crosswalks, elevated pedestrian or bike paths, or other multimodal design features. Note: Effective upon becoming a law
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Procedural Changes Chapter 17.5 Amendments: Update Mandatory provision 166.04151 - 7.(a).-(e): • Change rental provision • Delete Industrial option • Add FAR allowance in addition to density (4.0) • Change height allowance • Add parking reduction and TOD provisions • Conforming Use provision (8) 18
THANK YOU Elizabeth Abernethy, AICP Director, Planning & Development Services
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