SUBJECT/RECOMMENDATION:
Title
Approve amendments to the Community Development Code, to provide for accessory dwelling units in certain residential zoning districts, to provide additional standards for car washes, to establish standards for solar energy systems and density bonuses for the use of graywater systems, to update mechanical screening requirements, to remove outdated requirements related to concurrency, to update standards for traffic impact studies, to require a notice of application for Level Two cases prior to the Development Review Committee meeting, and various other formatting and editorial clarifications; and pass Ordinance 9758-24 on first reading.
Body
SUMMARY:
Proposed Ordinance No. 9758-24 contains numerous staff-initiated amendments to the Community Development Code, which come from the city’s adoption of Clearwater 2045, the city’s new Comprehensive Plan, including updating references to Clearwater 2045 that are now outdated; Greenprint 2.0, the city’s sustainability plan; and changes to state statutes through recent legislation. Additional amendments to certain zoning districts add review criteria or bring consistency between all districts; add Level Two applications to those that are noticed after an application is deemed complete; and other minor amendments that clean up typographical errors within the code or update graphics to help provide additional clarity.
The largest amendments are the establishment of accessory dwelling units as a newly permitted use within certain residential zoning districts and the associated development standards for that use. This proposed amendment will also reestablish accessory dwelling unit as a permitted use within the Downtown District. Accessory dwellings are currently permitted in certain nonresidential zoning districts, and this proposed amendment will add additional development criteria for accessory dwelling units within the identified districts. The creation of accessory dwelling units is supported by Clearwater 2045.
Below is a summary of the substantive amendments included in the ordinance.
• Establishment of accessory dwelling unit, or ADU, as a permitted use in certain residential zoning districts.
• Establishment of floating solar energy systems as required by House Bill 1411, 2022.
• Creation of density bonuses for the use of graywater systems for certain residential developments as required by Senate Bill 64, 2021.
• Revisions to the timeframe for the placement of temporary housing after a natural disaster as required by Senate Bill 250, 2023.
• Updates noticing requirements to provide affected property owners and registered neighborhood associations advanced notice of Level Two applications prior to the Development Review Committee meeting.
• Creation of two flexibility criteria under the Commercial (C) Zoning District for car washes to address design changes that have occurred in the car wash industry.
• Creation of regulations for solar energy systems to ensure consistent development of such systems and to support the city’s sustainability goals.
• Allows for projects utilizing or requesting affordable housing density bonuses to be approved at a staff level review.
• Creates new definitions and modifies existing definitions for clarity and to remove outdated information.
• Minor editorial changes to bring clarity and consistency throughout the code; update or remove outdated references; and other typographical or formatting amendments.
The Planning and Development Department has determined that the proposed text amendments to the Community Development Code are consistent with and further the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report.
The Community Development Board, in its capacity as the Local Planning Agency (LPA), reviewed the proposed amendments to the Community Development Code at its meeting on April 16, 2024, and unanimously recommended approval with the modification for the definition for Dwelling Unit, Accessory be amended to ensure that an accessory dwelling unit could not be used as a short term rental in residential zoning districts.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
STRATEGIC PRIORITY:
These proposed amendments support the Environmental Stewardship and Community Well-Being goals of the city’s Strategic Plan by providing amendments to the Community Development Code that aim to increase aesthetic appeal, livability, and the use of sustainable practices within the city.
