DENSITY AND INTENSITY BONUSES
Editor's note— Ord. No. 2015-30, § 6, adopted July 13, 2015, Doc. #1507131204, amended division 6B to read as set out herein. Former division 6B, §§ 58.1100—58.1104, pertained to similar subject matter and derived from an ordinance adopted July 23, 2001, §§ 5—13, Doc. #33944; an ordinance adopted Jan. 24, 2005, § 21, Doc. #050124909; and Ord. No. 2012-26, §§ 1, 2, adopted Aug. 20, 2012, Doc. #1208291201.
Editor's note— Ord. No. 2019-22, § 2, adopted March 25, 2019, Doc. #1903251204, amended the title of Pt. 6C to read as herein set out. Former Pt. 6C was entitled Transportation Linkage Incentive.
Editor's note— Ord. of 7-23-2001, §§ 27—35, Doc. #33944, repealed the former Pts. 6D and 6E relative to Bonuses in Mixed Use Corridors and Intensity Bonuses in MXD-2, respectively, and renumbered Pt. 6F as 6D as set out herein. The former Pt. 6D, §§ 58.1120—58.1122, derived from Ord. of 9-16-1991, Doc. #25094; Ord. of 7-26-1993, Doc. #26769; and Ord. of 5-20-1996, Doc. #29361. The former Pt. 6E, §§ 58.1130—58.1132, derived from Ord. of 9-16-1991, Doc. #25094; and Ord. of 7-26-1993, Doc. #26769.
Density and intensity bonuses implement GMP Future Land Use Objective 1.3 and Policies 1.3.1 and 1.3.2, by discouraging the proliferation of urban sprawl, encouraging a compact urban form, encouraging the redevelopment and renewal of blighted areas, and incentivizing infill development. Density and intensity bonuses also implement Future Land Use Objective 2.4 and Policies 2.1.3, 2.2.5, and 2.4.1, by encouraging a mixture of land uses and a density and intensity of development at or near to the maximum permitted so that public services and facilities can be provided efficiently, while also encouraging mixed-use development, multi-modal transit, pedestrian-oriented amenities, high quality building and site design, affordable housing, and other features that foster livability, community identity, and civic pride.
(Ord. of 9-16-1991, Doc. #25094; Ord. of 7-23-2001, § 1, Doc. #33944; Ord. No. 2015-30, § 5, 7-13-2015, Doc. #1507131204)
Editor's note— Ord. No. 2015-30, § 5, adopted July 13, 2015, Doc. #1507131204, changed the title of § 58.2000 from "Density and Intensity Bonuses—Relationship to GMP" to read as set out herein.
The purpose of density and intensity bonuses is to achieve superior urban design, a greater mixture of land uses, and to encourage housing opportunities where they may not otherwise be provided by the private marketplace. Bonuses are also intended to incentivize a compact urban form where travel distances are reduced, reliance on the single-occupant vehicle is reduced, multi-modal convenience is promoted, and energy is conserved.
(Ord. of 9-16-1991, Doc. #25094; Ord. of 7-23-2001, § 2, Doc. #33944; Ord. No. 2015-30, § 5, 7-13-2015, Doc. #1507131204)
Subject to the regulations of this subpart, density and intensity bonuses are available in the Office and Residential zoning districts (the districts identified as O-1, O-2, and O-3 on the City's zoning maps), the Mixed Residential-Office districts (the districts identified as MXD-1 and MXD-2 on the City's zoning maps), the Mixed Use districts (the districts identified as MU-1 and MU-2 on the City's zoning maps, and the Activity Center Districts (the districts identified as AC-N, AC-1, AC-2, AC-3, and AC-3A on the City's zoning maps). Figure 1 at Part 1B, Chapter 58, of this Code (including Figures 1STD1.LDC, 1STD2.LDC, and 1STD3.LDC, providing the "Table of Zoning District Regulations inside the Traditional City," and Figures 1A.LDC, 1B.LDC, and 1C.LDC, providing the "Table of Zoning District Regulations outside the Traditional City."), provides the regular maximum permitted density and intensity standards for each zoning district. Density is measured in dwelling units per acre and intensity is measured by floor area ratio. A density bonus allows development to exceed the applicable regular maximum permitted density and an intensity bonus allows development to exceed the applicable regular maximum permitted intensity. A development may be granted only -a density bonus, only an intensity bonus, or may be granted both a density and an intensity bonus. Bonuses may be granted only by approval of a master plan pursuant to Part 2H, Chapter 65, of this Code, or by zoning to the planned development district pursuant to Part 2Q, Chapter 58, of this Code.
(Ord. No. 2015-30, § 6, 7-13-2015, Doc. #1507131204)
(a)
General description. A bonus shall not be considered an entitlement. In addition, the maximum available bonus may not be appropriate in all situations. In some locations, the full bonus may not be compatible with the surrounding neighborhood, or may need infrastructure that is unavailable or impossible to accommodate. Council may approve a requested bonus, approve a requested bonus with reasonable conditions fairly calculated to mitigate the impact of the bonus, approve a lesser bonus, approve a lesser bonus with reasonable conditions fairly calculated to mitigate the impact of the bonus, or deny a requested bonus. A bonus may not exceed the least of the following:
1.
Double the density and intensity allowed under the site's adopted future land use map designation, except in the O-3 district and AC-3A district; or
2.
The maximum density and intensity allowed under the next more intensive future land use map designation, as described in subsection (b) below; or
3.
For density, a maximum of 200 dwelling units per acre, except in the AC-3A district.
4.
The maximum bonus standards provided in the following table:
(b)
Progression of intensity. For the purposes of this section, the progression from one future land use map designation to the next more intensive future land use map designation shall be as follows:
Future Land Use Designation
(Ord. No. 2015-30, § 6, 7-13-2015, Doc. #1501131204; Ord. No. 2020-41, § 3, 9-21-2020, Doc. #2009211201)
In addition to the regular submittal requirements for a master plan application or an application for rezoning to the planned development district, applicants requesting a bonus must also submit such information, data, plans, and renderings as is reasonably necessary to evaluate the request against the criteria for approval provided at section 58.1103, of this Code, and to evaluate the request for consistency with the Growth Management Plan. Unless waived by the planning official for cause, such additional information, data, plans, and renderings shall include, without limitation, the following:
(a)
Exterior elevations or building sections that illustrate the height, bulk, and design of the proposed development.
(b)
Perspective drawings, axonometric drawings, block-face elevations, or computer simulations that illustrate the proposed development in context with adjacent buildings and the surrounding area.
(c)
Street sections that illustrate typical street dimensions, streetscape treatments, the height and bulk of the proposed development, and the relationship of the proposed development to buildings and structures on the opposite side of the street.
(d)
Exterior lighting plans.
(e)
Exterior sign locations and details.
(f)
An infrastructure analysis to demonstrate that adopted level of service standards are maintained or achieved for parks, schools, transportation, potable water, wastewater, stormwater, and solid waste.
(g)
Landscaping plan.
(Ord. No. 2015-30, § 6, 7-13-2015, Doc. #1501131204)
A bonus may be granted only when an applicant presents clear and convincing evidence that the proposed design, density, intensity, and mix of uses will result in a superior development that is compatible with the surrounding neighborhood and achieves the criteria for approval provided in this section. To qualify for a bonus, the project must meet the criteria for approval in subsections (a) to (d) below. In addition, the project must meet one or more of the design enhancements provided at section 58.1104, of this Code.
(a)
Public goods and services to serve the proposed development must be available, made available by the applicant in proportion to the demand generated by the development, or included in a financially feasible plan.
(b)
The development must include space for at least two of the following uses. The secondary use must comprise at least 10% of the building area (except with respect for paragraph 12 below, which has a different minimum area requirement). The secondary use may not be reserved for use only by the principal user (for example, a residents-only gym or an employee cafeteria). The secondary use must be a permitted use or a lawfully allowed conditional use in the zoning district.
1.
Multifamily residential
2.
Office
3.
Light retailing
4.
Personal service
5.
Eating and drinking
6.
Hotel
7.
Indoor recreation
8.
Public benefit use
9.
Child day care center
10.
Multifamily residential that has been certified affordable in accordance with the City of Orlando Affordable Housing Certification Process.
11.
Live/work units, defined as units that includes a complete dwelling unit with kitchen and bathroom, as well as space suitable for running a business, provided that the business is a permitted or lawfully approved conditional use in the zoning district. To qualify as a live/work unit for the purposes of this part, the live/work unit must be occupied entirely by a single housekeeping unit.
12.
In the Downtown Orlando Community Redevelopment Area, publicly accessible open space that is open to the sky and at least 2,500 square feet in area. To ensure that the open space is functional, reasonably contiguous, and consistent with applicable design regulations, the site plan for the open space is subject to review and approval as part of the master plan or planned development zoning application.
13.
In the Downtown Orlando Community Redevelopment Area, ground floor space that is suitable for retail uses. For the purposes of this part, "suitable for retail uses" means, at a minimum, ceiling heights of at least 16', depth of at least 40', and street facing facades must be at least 30% transparent between 3' and 7' above grade.
14.
In the Downtown Orlando Community Redevelopment Area (specifically that portion located east of Parramore Avenue), conference space/meeting center/ballroom space of at least 20,000 square feet, leasable to the public, with at least one room that can host a minimum of 500 people.
(c)
The density, intensity, height, and bulk of the building or buildings must be generally compatible with the surrounding neighborhood while also advancing the applicable goals, objectives, and policies of the Growth Management Plan, particularly those identified in section 58.1000 of this Code. For the purposes of this part, "compatible with the surrounding neighborhood" does not necessarily mean "identical to" or even "similar to" the surrounding neighborhood. Developments using a density and/or intensity bonus will often be, by their nature, more dense, more intense, or both more dense and more intense than the surrounding neighborhood, but general compatibility with the surrounding neighborhood can still be achieved by ensuring that the subject development presents a logical transition between itself and the surrounding neighborhood.
(d)
The development must be consistent with all applicable design regulations. Examples include a transect-based special plan overlay, the Downtown design guidelines, and the Traditional City overlay district. If no special design regulations apply, then the development must conform to the "Design Standards in MU-1/T and MU-2/T Mixed Use Corridor Districts," found at sections 62.608 through 62.614 of this Code.
(Ord. No. 2015-30, § 6, 7-13-2015, Doc. #1501131204; Ord. No. 2020-41, § 3, 9-21-2020, Doc. #2009211201)
The following design enhancements represent options for creating a superior development. While not a strict point-based system, a development that meets a greater number of these enhancements is eligible for a greater bonus than a development that meets only one or two enhancements. If improvements to the streetscape or other public property is part of a selected option, then such improvements must be maintained by the property owner or owners of the subject development unless appropriate maintenance obligations are accepted by the City.
(a)
Streetscape treatment that exceeds the minimum standards normally required of the development's location.
(b)
Landscaping that exceeds by at least 10% the minimum number of points required by Part 2H, Chapter 60 of this Code.
(c)
At least one additional mobility strategy than the minimum number of strategies required by section 59.209 of this Code.
(d)
Site design and building materials that exceed the minimum environmental sustainability requirements in place at the time of development. Such enhancements should consider energy efficiency, stormwater design, solar or other renewable energy sources, recycling, and sustainable materials options, all of which should be judged against the best-available technology and any relevant and generally accepted environmental certification programs.
(e)
For a high-rise building, a roofline that is sculpted to create an interesting form and enhance the collective skyline, or alternatively, a green-roof, active roof deck, or solar panels while maintaining an attractive and cohesive architectural form.
(f)
Superior architectural design, including all of the following, where applicable:
1.
Buildings on corner lots and buildings that terminate views must incorporate additional height or other features that emphasize their prominent location.
2.
In mixed-use buildings, the ground floor must be differentiated from upper floors through the use of architectural treatments.
3.
The primary building entrance must be a prominent feature that is defined and articulated with pediments, pilasters, columns, porticoes, porches, overhangs, railings, or other architecturally compatible elements.
4.
Transparent windows must comprise at least 30% of all street facing elevations.
5.
Use of durable, high-quality materials that are appropriate for the climate, such as stone, steel, glass, precast concrete, or masonry. Such materials and associated architectural features must wrap around all sides of the building that are visible from the public realm. Traditional stucco may be appropriate in a historic context or for a Mediterranean-style building. Buildings incorporating EIFS (Exterior Insulation Finishing System) or other faux-stucco finish for more than 10% of a street-facing façade do not meet this enhancement option.
(g)
Underground utilities, if currently aboveground.
(h)
Parking garage is located such that it is interior to the site or lined with habitable space along all street-facing facades. The habitable space must meet applicable transparency requirements and must be included in locations not otherwise required by code, in particular on upper floors of the building.
(i)
Another enhancement not otherwise required by code that is proposed by the applicant and approved as part of the master plan or planned development zoning district. Examples might include a publicly accessible park or plaza, public art, a premium transit stop, or public parking.
(Ord. No. 2015-30, § 6, 7-13-2015, Doc. #1501131204)
Public art. The Downtown Metropolitan Activity Core Center (AC-3A) is the zoning district with the highest maximum density and intensity under the City's Land Development Code. Density and intensity bonuses are appropriate and available in the AC-3A district, but given the high densities and intensities already available without a bonus, special consideration must be given to the impact of a bonus in this district. Projects receiving a density or intensity bonus in the AC-3A district will be among the densest and most intense developments in the City and such density and intensity may present unique aesthetic impacts to the public realm and will also contribute uniquely to the demand for public goods and services, including goods such as public art. The Council hereby finds that art in public places is a public good that not only contributes to the overall quality of life in the City Beautiful, but can also help mitigate some of the visual, aesthetic, and social impacts of dense urban environments. The need for public art increases as an area becomes more populated. Density and intensity bonuses therefore contribute to the need for more public art. Therefore, projects receiving a density or intensity bonus (or both) in the AC-3A district must provide public art that fairly and proportionally mitigates the project's impact on the public realm, including the extent to which it generates new demand for public art. For purposes of this part, public art means art in any physical and lasting media that has been planned and executed with the intention of being staged in the public realm, accessible to all. Typical examples include sculptures, statues, and murals. Because the purpose of this part is to mitigate the public impacts of the bonus, public art required by this part must be installed and maintained in a public area of the project site itself, or within close proximity to the site. The size, amount, location, and other quantitative and qualitative features of the public art are subject to review and approval as part of the master plan or planned development zoning application, but the reasonable costs associated with providing the public art must be roughly proportionate to the impacts of the bonus. In general terms this means that the greater the bonus, the greater the amount of public art that is required. Public art installed pursuant to this part must be maintained by the property owner or owners of the subject development unless appropriate maintenance obligations are accepted by the City
(a)
Payment in lieu of installation. In lieu of the actual installation of public art pursuant to this section, an applicant may satisfy the public art requirement of this section by making a cash contribution to the City which contribution shall be reasonably calculated to compensate the City for providing public art that is fairly proportional to the impacts of the bonus. Proceeds from such a contribution must be spent by the City within a reasonable amount of time on public art in close proximity to the subject site. Contributions must be made prior to the issuance of any building permit for the proposed development. In general terms, the greater the bonus, the greater the contribution, but in no event may the contribution exceed 0.01% of the total construction cost of the development for every 1% of the maximum available bonus approved for the project. For example, a project approved for a 100% bonus (i.e., 400 units to the acre and/or 8.0 F.A.R. in the AC-3A district) would be capped at a contribution equal to 1% of the total construction cost of the development, while a project approved for a 1% bonus (i.e., 202 units to the acre and/or 3.05 F.A.R. in the AC-3A district) would be capped at a contribution equal to 0.01% of the total construction cost of the development.
(Ord. No. 2015-30, § 6, 7-13-2015, Doc. #1501131204)
Goal 1 in the Transportation Element of the Growth Management Plan encourages the development of a balanced transportation system that supports building a livable community and improves access and travel choices through enhancement of roads, public transit, bicycle and pedestrian systems, intermodal facilities, demand management programs and traffic management techniques.
(Ord. of 9-16-1991, Doc. #25094; Ord. of 5-20-1996, Doc. #29361; Ord. of 7-23-2001, § 25, Doc. #33944)
In the AC-1t, AC-2t, AC-3t, and MU-2t districts located within the Traditional City, the intensity standards set forth in Figure 1, Table of Zoning District Regulations, may be decreased by the Planning Official in accordance with the requirements of the following incentive.
(Ord. of 9-16-1991, Doc. #25094; Ord. of 5-20-1996, Doc. #29361)
The minimum intensity standards set forth in Figure 1 may be reduced by the Planning Official for permitted and conditional uses only, in exchange for a contribution by the developer to the City of Orlando Trust Fund for Alternative Transportation in the Traditional City.
Incentive Available.
General Procedure. Full details of the operation and procedure for issuance of the Reduction in Required Minimum Intensity are described below, except for the following:
(a)
The contributions shall be used to construct bicycle, pedestrian and transit improvements within the Traditional City.
(b)
The developer, at his/her option, may dedicate a portion of the building site acceptable to the City for the development of transit improvements. The assessed value of the dedicated land, as shown on the most recent certified tax roll of the Orange County Property Appraiser, may be deducted from the total cost of the contribution.
(c)
The amount of contribution shall be twenty percent (20%) of the transportation impact fee for every 0.05 FAR reduction or portion thereof.
(d)
Criteria for approval of a reduction in minimum intensity. The reduction in minimum intensity may be granted when an applicant presents clear and convincing evidence that the proposed design, intensity and use(s) will result in a superior development that is compatible with the surrounding neighborhood and achieves the criteria for approval provided in this section. The following design enhancements represent options for creating a superior development. While not a strict point-based system, a development that meets a greater number of these enhancements is eligible for a greater reduction than a development that meets only one or two enhancements. If improvements to the streetscape or other public property is part of a selected option, then such improvements must be maintained by the property owner or owners of the subject development unless appropriate maintenance obligations are accepted by the City.
i.
Streetscape treatments that exceeds the minimum standards normally required of the development's location.
ii.
Landscaping that exceeds by at least 10% the minimum number of points required by Part 2H, Chapter 60 of this Code.
iii.
At least one additional mobility strategy than the minimum number of strategies required by Section 59.209 of this Code.
iv.
Site design and building materials that exceed the minimum environmental sustainability requirements in place at the time of development. Such enhancements should consider energy efficiency, stormwater design, solar or other renewable energy sources, recycling, and sustainable materials options, all of which should be judged against the best-available technology and any relevant and generally accepted environmental certification programs.
v.
Superior architectural design, including all of the following, where applicable:
1.
Buildings on corner lots and buildings that terminate views must incorporate additional height or other features that emphasize their prominent location.
2.
In mixed-use buildings, the ground floor must be differentiated from upper floors through the use of architectural treatments.
3.
The primary building entrance must be a prominent feature that is defined and articulated with pediments, pilasters, columns, porticoes, porches, overhangs, railings, or other architecturally compatible elements.
4.
Transparent windows must comprise more than 30% of the primary and secondary street facing elevations.
5.
Use of durable, high-quality materials that are appropriate for the climate, such as stone, steel, glass, precast concrete, or masonry. Such materials and associated architectural features must wrap around all sides of the building that are visible from the public realm. Traditional stucco may be appropriate in a historic context or for a Mediterranean-style building. Buildings incorporating EIFS (Exterior Insulation Finishing System) or other faux-stucco finish for more than 10% of a street-facing façade do not meet this enhancement option.
vi.
Underground utilities, if currently aboveground.
vii.
An architecturally enhanced street wall surrounding the parking area with a trellis or other architectural features.
viii.
Another enhancement not otherwise required by code that is proposed by the applicant and approved as part of the master plan or planned development zoning district. Examples might include a publicly accessible park or plaza, public art or a premium transit stop.
ix.
For eating and drinking establishments, the following site design standards must be met to qualify for the additional incentive:
1.
Maximum number of parking spaces permitted is 12:1000 sf GFA;
2.
Cross-access easements and/or shared parking agreements are required where the City deems them necessary;
3.
All Traditional City design standards are incorporated into the site design;
4.
Pole signs are prohibited;
5.
Transit stops and/or shelters are required where determined reasonably necessary by the City, in cooperation with Lynx;
6.
If an eating and drinking establishment is abutting a Class I or II use (shown in Figure 6: Land Use Intensity Table, Chapter 58) and includes a Drive-through facility, a 5 ft. minimum height masonry wall, located 5 ft. from the property line, shall be provided as part of the required buffer area; in addition, the landscaping requirements of Chapter 60, Section 60.253, shall be provided between the wall and the abutting property.
(e)
The reduction in required minimum intensity must be applied through a Master Plan application, a Planning Official determination, or a similar type of application.
(Ord. of 9-16-1991, Doc. #25094; Ord. of 5-20-1996, Doc. #29361; Ord. of 7-23-2001, § 26, Doc. #33944; Ord. No. 2019-22, § 2, 3-25-2019, Doc. #1903251204; Ord. No. 2024-18, § 5, 5-13-2024, Doc. #2405131203)
General Description. Density and intensity standards for permitted or conditional uses in certain zoning districts may be increased in exchange for a contribution by the developer to the City of Orlando Trust Fund for Low and Very-Low Income Housing, or for an on-site housing alternative.
Bonuses Available.
General Procedure. In order to receive the intensity bonus for a development, the developer must first submit the development (including the bonus) for the Neighborhood Compatibility review described below and must then also do either one of the following:
(a)
pay, to the City of Orlando Trust Fund for Low and Very-Low Income Housing, a sum equal to 2.0% of the total construction costs of the development, which sum is calculated according to the paragraph below entitled "Calculation of Intensity Bonus Payment"; or
(b)
offer an "in-kind" on-site housing alternative as described in the paragraph below entitled "On-Site Alternative."
Neighborhood Compatibility Review. A developer wishing to utilize an intensity bonus shall first submit a written request for a determination of whether a significant negative impact is present. Unless waived by the Planning Official, this request shall include: a description of the project for which the intensity bonus is sought, including whether the project will be constructed in phases; street address and legal description of the development; type of intensity bonus proposed; site plan for the development.
Neighborhood Compatibility Review Criteria. Because intensity bonuses allow more intense development of the building site, the general development standards of the zoning district may in some instances be insufficient to ensure compatibility between the development utilizing intensity bonuses and adjacent developments. In order to ensure that the intensity of a development utilizing an intensity bonus remains compatible with adjacent neighborhoods, the Planning Official shall issue a written report determining whether the use of the intensity bonus will have a significantly greater negative impact on surrounding neighborhoods than the same development would have without the intensity bonus. The determination shall be based upon a comparison of the development utilizing intensity bonuses with a development at the maximum density otherwise permitted in the same zoning district and shall address:
(a)
whether building setbacks significantly decrease sight-line separation between building sites;
(b)
whether bufferyard widths provide sufficient buffers or significantly decrease sight-line separation between building sites;
(c)
whether bufferyard landscaping provides sufficient screening between building sites;
(d)
whether orientations of buildings, doors, or windows allow sufficient sight-line separation between building sites;
(e)
whether location of open space buffers separate adjacent building sites;
(f)
whether increased traffic will reduce the level of service on roadways adjacent to the development (outside the Transportation Concurrency Exception Area); and
(g)
whether the development will increase daily trips on local or collector streets by more than 10 percent (inside and outside the Transportation Concurrency Exception Area).
Neighborhood Compatibility Review Findings. The Planning Official shall issue written findings of impact at any time before the issuance of the bonus, except that in the event of a phased development such written findings shall be made before the Master Plan review. If a significant negative impact is present, the Planning Official shall, as a condition of the intensity bonus approval, require compliance with enhanced development standards to remove the negative impact. Such enhanced development standards may include increased building setbacks, increased bufferyard widths, increased bufferyard planting or screening requirements, orientation of buildings away from adjacent neighborhoods, location of open space toward adjacent neighborhoods, and roadway improvements necessary to maintain the level of service which would result from a development utilizing the maximum density generally permitted in the zoning district. The developer may appeal the determination of a significant negative impact and the enhanced development standards to the Municipal Planning Board as outlined in Chapter 65, Part 2G. If the Planning Official determines that there are no negative impacts, or if the developer agrees to comply with any enhanced standards set by the Planning Official, then the developer need only pay the 2% or provide the on-site alternative in order to receive the bonus.
Calculation of Intensity Bonus Contribution. After the development has passed the Neighborhood Compatibility Review described above, the developer must then pay to the City of Orlando Trust Fund for Low and Very-Low Income Housing (hereinafter for this Section "Trust Fund") a sum equal to 2.0% of the total construction costs of the development. The 2.0% is calculated on the basis of site plans, architectural drawings, cost estimates, construction contracts and any other supporting documentation which would otherwise have to be submitted to the Building Official for the calculation and issuance of a City building permit. The Building Official shall review and approve the supporting documentation and 2.0% figure just as if the Building Official were issuing a building permit, and said review shall also be sufficient for the issuance of the building permit. Once paid, the Intensity Bonus is non-refundable, even if no development is built.
Partial Payment for Partial Bonus. At the developer's option, the developer may obtain a bonus smaller than the maximum bonus available, in exchange for a smaller, pro-rated contribution to the Trust Fund.
Written Issuance and Duration of Bonus. After the payment of the 2.0% (or pro-rated smaller amount), the Planning Official shall issue a written confirmation of the Intensity Bonus. The Bonus shall be valid for six (6) months. Before the six-month period expires, the developer must obtain a building permit for the development, although the developer may obtain the building permit immediately after obtaining the bonus since the Building Official's review will be sufficient for both.
Adjustment of Bonus Contribution. If the developer modifies the building permit application after the issuance of the bonus, but before the issuance of the building permit, then any increase in construction cost figures must be reflected in payment of 2.0% of the increase to the Trust Fund before the Building Official will issue the building permit.
Phased Developments. A developer has two choices in the event of a Phased Development:
(a)
pay entire bonus contribution for some or all phases "up-front," or
(b)
pay contribution one phase at a time.
If the developer pays for some or all phases in advance, the developer may base the payment on the required full supporting documentation for the first phase, plus approved Master Plan and site plans for subsequent phases. In the event of payment for multiple phases in advance, the building permit must be issued within six (6) months of payment of the contribution for the first phase, 18 months for the second phase, and 30 months for all subsequent phases, subject to later payment of 2.0% of any increase reflected in actual building permit applications. If the developer pays for each phase one at a time, the developer is subject to any changes in this Ordinance between phases.
On-Site Alternative. The developer may, with the approval of the Planning Official, elect to provide on-site low and very-low income housing units, instead of paying the 2.0% contribution. The number of such units provided must equal the number of additional units permitted by the bonus.
Use of Trust Fund Monies. The City of Orlando shall use the monies paid into the Trust Fund to support, build, construct, encourage, publicize or otherwise aid the provision of low and very-low income housing within the City of Orlando. The City is authorized to contract in writing with private entities to assist in this program or to expend monies generated hereunder. Twenty-five percent (25%) of the monies collected through the Trust Fund shall be placed in a fund for housing rehabilitation.
(Ord. of 9-16-1991, Doc. #25094; Ord. of 4-20-1992, Doc. #25633; Ord. of 7-26-1993, Doc. #26769; Ord. of 7-23-2001, § 36, Doc. #33944; Ord. No. 2024-2, § 1, 1-22-2024, Doc. #2401221204)
DENSITY AND INTENSITY BONUSES
Editor's note— Ord. No. 2015-30, § 6, adopted July 13, 2015, Doc. #1507131204, amended division 6B to read as set out herein. Former division 6B, §§ 58.1100—58.1104, pertained to similar subject matter and derived from an ordinance adopted July 23, 2001, §§ 5—13, Doc. #33944; an ordinance adopted Jan. 24, 2005, § 21, Doc. #050124909; and Ord. No. 2012-26, §§ 1, 2, adopted Aug. 20, 2012, Doc. #1208291201.
Editor's note— Ord. No. 2019-22, § 2, adopted March 25, 2019, Doc. #1903251204, amended the title of Pt. 6C to read as herein set out. Former Pt. 6C was entitled Transportation Linkage Incentive.
Editor's note— Ord. of 7-23-2001, §§ 27—35, Doc. #33944, repealed the former Pts. 6D and 6E relative to Bonuses in Mixed Use Corridors and Intensity Bonuses in MXD-2, respectively, and renumbered Pt. 6F as 6D as set out herein. The former Pt. 6D, §§ 58.1120—58.1122, derived from Ord. of 9-16-1991, Doc. #25094; Ord. of 7-26-1993, Doc. #26769; and Ord. of 5-20-1996, Doc. #29361. The former Pt. 6E, §§ 58.1130—58.1132, derived from Ord. of 9-16-1991, Doc. #25094; and Ord. of 7-26-1993, Doc. #26769.
Density and intensity bonuses implement GMP Future Land Use Objective 1.3 and Policies 1.3.1 and 1.3.2, by discouraging the proliferation of urban sprawl, encouraging a compact urban form, encouraging the redevelopment and renewal of blighted areas, and incentivizing infill development. Density and intensity bonuses also implement Future Land Use Objective 2.4 and Policies 2.1.3, 2.2.5, and 2.4.1, by encouraging a mixture of land uses and a density and intensity of development at or near to the maximum permitted so that public services and facilities can be provided efficiently, while also encouraging mixed-use development, multi-modal transit, pedestrian-oriented amenities, high quality building and site design, affordable housing, and other features that foster livability, community identity, and civic pride.
(Ord. of 9-16-1991, Doc. #25094; Ord. of 7-23-2001, § 1, Doc. #33944; Ord. No. 2015-30, § 5, 7-13-2015, Doc. #1507131204)
Editor's note— Ord. No. 2015-30, § 5, adopted July 13, 2015, Doc. #1507131204, changed the title of § 58.2000 from "Density and Intensity Bonuses—Relationship to GMP" to read as set out herein.
The purpose of density and intensity bonuses is to achieve superior urban design, a greater mixture of land uses, and to encourage housing opportunities where they may not otherwise be provided by the private marketplace. Bonuses are also intended to incentivize a compact urban form where travel distances are reduced, reliance on the single-occupant vehicle is reduced, multi-modal convenience is promoted, and energy is conserved.
(Ord. of 9-16-1991, Doc. #25094; Ord. of 7-23-2001, § 2, Doc. #33944; Ord. No. 2015-30, § 5, 7-13-2015, Doc. #1507131204)
Subject to the regulations of this subpart, density and intensity bonuses are available in the Office and Residential zoning districts (the districts identified as O-1, O-2, and O-3 on the City's zoning maps), the Mixed Residential-Office districts (the districts identified as MXD-1 and MXD-2 on the City's zoning maps), the Mixed Use districts (the districts identified as MU-1 and MU-2 on the City's zoning maps, and the Activity Center Districts (the districts identified as AC-N, AC-1, AC-2, AC-3, and AC-3A on the City's zoning maps). Figure 1 at Part 1B, Chapter 58, of this Code (including Figures 1STD1.LDC, 1STD2.LDC, and 1STD3.LDC, providing the "Table of Zoning District Regulations inside the Traditional City," and Figures 1A.LDC, 1B.LDC, and 1C.LDC, providing the "Table of Zoning District Regulations outside the Traditional City."), provides the regular maximum permitted density and intensity standards for each zoning district. Density is measured in dwelling units per acre and intensity is measured by floor area ratio. A density bonus allows development to exceed the applicable regular maximum permitted density and an intensity bonus allows development to exceed the applicable regular maximum permitted intensity. A development may be granted only -a density bonus, only an intensity bonus, or may be granted both a density and an intensity bonus. Bonuses may be granted only by approval of a master plan pursuant to Part 2H, Chapter 65, of this Code, or by zoning to the planned development district pursuant to Part 2Q, Chapter 58, of this Code.
(Ord. No. 2015-30, § 6, 7-13-2015, Doc. #1507131204)
(a)
General description. A bonus shall not be considered an entitlement. In addition, the maximum available bonus may not be appropriate in all situations. In some locations, the full bonus may not be compatible with the surrounding neighborhood, or may need infrastructure that is unavailable or impossible to accommodate. Council may approve a requested bonus, approve a requested bonus with reasonable conditions fairly calculated to mitigate the impact of the bonus, approve a lesser bonus, approve a lesser bonus with reasonable conditions fairly calculated to mitigate the impact of the bonus, or deny a requested bonus. A bonus may not exceed the least of the following:
1.
Double the density and intensity allowed under the site's adopted future land use map designation, except in the O-3 district and AC-3A district; or
2.
The maximum density and intensity allowed under the next more intensive future land use map designation, as described in subsection (b) below; or
3.
For density, a maximum of 200 dwelling units per acre, except in the AC-3A district.
4.
The maximum bonus standards provided in the following table:
(b)
Progression of intensity. For the purposes of this section, the progression from one future land use map designation to the next more intensive future land use map designation shall be as follows:
Future Land Use Designation
(Ord. No. 2015-30, § 6, 7-13-2015, Doc. #1501131204; Ord. No. 2020-41, § 3, 9-21-2020, Doc. #2009211201)
In addition to the regular submittal requirements for a master plan application or an application for rezoning to the planned development district, applicants requesting a bonus must also submit such information, data, plans, and renderings as is reasonably necessary to evaluate the request against the criteria for approval provided at section 58.1103, of this Code, and to evaluate the request for consistency with the Growth Management Plan. Unless waived by the planning official for cause, such additional information, data, plans, and renderings shall include, without limitation, the following:
(a)
Exterior elevations or building sections that illustrate the height, bulk, and design of the proposed development.
(b)
Perspective drawings, axonometric drawings, block-face elevations, or computer simulations that illustrate the proposed development in context with adjacent buildings and the surrounding area.
(c)
Street sections that illustrate typical street dimensions, streetscape treatments, the height and bulk of the proposed development, and the relationship of the proposed development to buildings and structures on the opposite side of the street.
(d)
Exterior lighting plans.
(e)
Exterior sign locations and details.
(f)
An infrastructure analysis to demonstrate that adopted level of service standards are maintained or achieved for parks, schools, transportation, potable water, wastewater, stormwater, and solid waste.
(g)
Landscaping plan.
(Ord. No. 2015-30, § 6, 7-13-2015, Doc. #1501131204)
A bonus may be granted only when an applicant presents clear and convincing evidence that the proposed design, density, intensity, and mix of uses will result in a superior development that is compatible with the surrounding neighborhood and achieves the criteria for approval provided in this section. To qualify for a bonus, the project must meet the criteria for approval in subsections (a) to (d) below. In addition, the project must meet one or more of the design enhancements provided at section 58.1104, of this Code.
(a)
Public goods and services to serve the proposed development must be available, made available by the applicant in proportion to the demand generated by the development, or included in a financially feasible plan.
(b)
The development must include space for at least two of the following uses. The secondary use must comprise at least 10% of the building area (except with respect for paragraph 12 below, which has a different minimum area requirement). The secondary use may not be reserved for use only by the principal user (for example, a residents-only gym or an employee cafeteria). The secondary use must be a permitted use or a lawfully allowed conditional use in the zoning district.
1.
Multifamily residential
2.
Office
3.
Light retailing
4.
Personal service
5.
Eating and drinking
6.
Hotel
7.
Indoor recreation
8.
Public benefit use
9.
Child day care center
10.
Multifamily residential that has been certified affordable in accordance with the City of Orlando Affordable Housing Certification Process.
11.
Live/work units, defined as units that includes a complete dwelling unit with kitchen and bathroom, as well as space suitable for running a business, provided that the business is a permitted or lawfully approved conditional use in the zoning district. To qualify as a live/work unit for the purposes of this part, the live/work unit must be occupied entirely by a single housekeeping unit.
12.
In the Downtown Orlando Community Redevelopment Area, publicly accessible open space that is open to the sky and at least 2,500 square feet in area. To ensure that the open space is functional, reasonably contiguous, and consistent with applicable design regulations, the site plan for the open space is subject to review and approval as part of the master plan or planned development zoning application.
13.
In the Downtown Orlando Community Redevelopment Area, ground floor space that is suitable for retail uses. For the purposes of this part, "suitable for retail uses" means, at a minimum, ceiling heights of at least 16', depth of at least 40', and street facing facades must be at least 30% transparent between 3' and 7' above grade.
14.
In the Downtown Orlando Community Redevelopment Area (specifically that portion located east of Parramore Avenue), conference space/meeting center/ballroom space of at least 20,000 square feet, leasable to the public, with at least one room that can host a minimum of 500 people.
(c)
The density, intensity, height, and bulk of the building or buildings must be generally compatible with the surrounding neighborhood while also advancing the applicable goals, objectives, and policies of the Growth Management Plan, particularly those identified in section 58.1000 of this Code. For the purposes of this part, "compatible with the surrounding neighborhood" does not necessarily mean "identical to" or even "similar to" the surrounding neighborhood. Developments using a density and/or intensity bonus will often be, by their nature, more dense, more intense, or both more dense and more intense than the surrounding neighborhood, but general compatibility with the surrounding neighborhood can still be achieved by ensuring that the subject development presents a logical transition between itself and the surrounding neighborhood.
(d)
The development must be consistent with all applicable design regulations. Examples include a transect-based special plan overlay, the Downtown design guidelines, and the Traditional City overlay district. If no special design regulations apply, then the development must conform to the "Design Standards in MU-1/T and MU-2/T Mixed Use Corridor Districts," found at sections 62.608 through 62.614 of this Code.
(Ord. No. 2015-30, § 6, 7-13-2015, Doc. #1501131204; Ord. No. 2020-41, § 3, 9-21-2020, Doc. #2009211201)
The following design enhancements represent options for creating a superior development. While not a strict point-based system, a development that meets a greater number of these enhancements is eligible for a greater bonus than a development that meets only one or two enhancements. If improvements to the streetscape or other public property is part of a selected option, then such improvements must be maintained by the property owner or owners of the subject development unless appropriate maintenance obligations are accepted by the City.
(a)
Streetscape treatment that exceeds the minimum standards normally required of the development's location.
(b)
Landscaping that exceeds by at least 10% the minimum number of points required by Part 2H, Chapter 60 of this Code.
(c)
At least one additional mobility strategy than the minimum number of strategies required by section 59.209 of this Code.
(d)
Site design and building materials that exceed the minimum environmental sustainability requirements in place at the time of development. Such enhancements should consider energy efficiency, stormwater design, solar or other renewable energy sources, recycling, and sustainable materials options, all of which should be judged against the best-available technology and any relevant and generally accepted environmental certification programs.
(e)
For a high-rise building, a roofline that is sculpted to create an interesting form and enhance the collective skyline, or alternatively, a green-roof, active roof deck, or solar panels while maintaining an attractive and cohesive architectural form.
(f)
Superior architectural design, including all of the following, where applicable:
1.
Buildings on corner lots and buildings that terminate views must incorporate additional height or other features that emphasize their prominent location.
2.
In mixed-use buildings, the ground floor must be differentiated from upper floors through the use of architectural treatments.
3.
The primary building entrance must be a prominent feature that is defined and articulated with pediments, pilasters, columns, porticoes, porches, overhangs, railings, or other architecturally compatible elements.
4.
Transparent windows must comprise at least 30% of all street facing elevations.
5.
Use of durable, high-quality materials that are appropriate for the climate, such as stone, steel, glass, precast concrete, or masonry. Such materials and associated architectural features must wrap around all sides of the building that are visible from the public realm. Traditional stucco may be appropriate in a historic context or for a Mediterranean-style building. Buildings incorporating EIFS (Exterior Insulation Finishing System) or other faux-stucco finish for more than 10% of a street-facing façade do not meet this enhancement option.
(g)
Underground utilities, if currently aboveground.
(h)
Parking garage is located such that it is interior to the site or lined with habitable space along all street-facing facades. The habitable space must meet applicable transparency requirements and must be included in locations not otherwise required by code, in particular on upper floors of the building.
(i)
Another enhancement not otherwise required by code that is proposed by the applicant and approved as part of the master plan or planned development zoning district. Examples might include a publicly accessible park or plaza, public art, a premium transit stop, or public parking.
(Ord. No. 2015-30, § 6, 7-13-2015, Doc. #1501131204)
Public art. The Downtown Metropolitan Activity Core Center (AC-3A) is the zoning district with the highest maximum density and intensity under the City's Land Development Code. Density and intensity bonuses are appropriate and available in the AC-3A district, but given the high densities and intensities already available without a bonus, special consideration must be given to the impact of a bonus in this district. Projects receiving a density or intensity bonus in the AC-3A district will be among the densest and most intense developments in the City and such density and intensity may present unique aesthetic impacts to the public realm and will also contribute uniquely to the demand for public goods and services, including goods such as public art. The Council hereby finds that art in public places is a public good that not only contributes to the overall quality of life in the City Beautiful, but can also help mitigate some of the visual, aesthetic, and social impacts of dense urban environments. The need for public art increases as an area becomes more populated. Density and intensity bonuses therefore contribute to the need for more public art. Therefore, projects receiving a density or intensity bonus (or both) in the AC-3A district must provide public art that fairly and proportionally mitigates the project's impact on the public realm, including the extent to which it generates new demand for public art. For purposes of this part, public art means art in any physical and lasting media that has been planned and executed with the intention of being staged in the public realm, accessible to all. Typical examples include sculptures, statues, and murals. Because the purpose of this part is to mitigate the public impacts of the bonus, public art required by this part must be installed and maintained in a public area of the project site itself, or within close proximity to the site. The size, amount, location, and other quantitative and qualitative features of the public art are subject to review and approval as part of the master plan or planned development zoning application, but the reasonable costs associated with providing the public art must be roughly proportionate to the impacts of the bonus. In general terms this means that the greater the bonus, the greater the amount of public art that is required. Public art installed pursuant to this part must be maintained by the property owner or owners of the subject development unless appropriate maintenance obligations are accepted by the City
(a)
Payment in lieu of installation. In lieu of the actual installation of public art pursuant to this section, an applicant may satisfy the public art requirement of this section by making a cash contribution to the City which contribution shall be reasonably calculated to compensate the City for providing public art that is fairly proportional to the impacts of the bonus. Proceeds from such a contribution must be spent by the City within a reasonable amount of time on public art in close proximity to the subject site. Contributions must be made prior to the issuance of any building permit for the proposed development. In general terms, the greater the bonus, the greater the contribution, but in no event may the contribution exceed 0.01% of the total construction cost of the development for every 1% of the maximum available bonus approved for the project. For example, a project approved for a 100% bonus (i.e., 400 units to the acre and/or 8.0 F.A.R. in the AC-3A district) would be capped at a contribution equal to 1% of the total construction cost of the development, while a project approved for a 1% bonus (i.e., 202 units to the acre and/or 3.05 F.A.R. in the AC-3A district) would be capped at a contribution equal to 0.01% of the total construction cost of the development.
(Ord. No. 2015-30, § 6, 7-13-2015, Doc. #1501131204)
Goal 1 in the Transportation Element of the Growth Management Plan encourages the development of a balanced transportation system that supports building a livable community and improves access and travel choices through enhancement of roads, public transit, bicycle and pedestrian systems, intermodal facilities, demand management programs and traffic management techniques.
(Ord. of 9-16-1991, Doc. #25094; Ord. of 5-20-1996, Doc. #29361; Ord. of 7-23-2001, § 25, Doc. #33944)
In the AC-1t, AC-2t, AC-3t, and MU-2t districts located within the Traditional City, the intensity standards set forth in Figure 1, Table of Zoning District Regulations, may be decreased by the Planning Official in accordance with the requirements of the following incentive.
(Ord. of 9-16-1991, Doc. #25094; Ord. of 5-20-1996, Doc. #29361)
The minimum intensity standards set forth in Figure 1 may be reduced by the Planning Official for permitted and conditional uses only, in exchange for a contribution by the developer to the City of Orlando Trust Fund for Alternative Transportation in the Traditional City.
Incentive Available.
General Procedure. Full details of the operation and procedure for issuance of the Reduction in Required Minimum Intensity are described below, except for the following:
(a)
The contributions shall be used to construct bicycle, pedestrian and transit improvements within the Traditional City.
(b)
The developer, at his/her option, may dedicate a portion of the building site acceptable to the City for the development of transit improvements. The assessed value of the dedicated land, as shown on the most recent certified tax roll of the Orange County Property Appraiser, may be deducted from the total cost of the contribution.
(c)
The amount of contribution shall be twenty percent (20%) of the transportation impact fee for every 0.05 FAR reduction or portion thereof.
(d)
Criteria for approval of a reduction in minimum intensity. The reduction in minimum intensity may be granted when an applicant presents clear and convincing evidence that the proposed design, intensity and use(s) will result in a superior development that is compatible with the surrounding neighborhood and achieves the criteria for approval provided in this section. The following design enhancements represent options for creating a superior development. While not a strict point-based system, a development that meets a greater number of these enhancements is eligible for a greater reduction than a development that meets only one or two enhancements. If improvements to the streetscape or other public property is part of a selected option, then such improvements must be maintained by the property owner or owners of the subject development unless appropriate maintenance obligations are accepted by the City.
i.
Streetscape treatments that exceeds the minimum standards normally required of the development's location.
ii.
Landscaping that exceeds by at least 10% the minimum number of points required by Part 2H, Chapter 60 of this Code.
iii.
At least one additional mobility strategy than the minimum number of strategies required by Section 59.209 of this Code.
iv.
Site design and building materials that exceed the minimum environmental sustainability requirements in place at the time of development. Such enhancements should consider energy efficiency, stormwater design, solar or other renewable energy sources, recycling, and sustainable materials options, all of which should be judged against the best-available technology and any relevant and generally accepted environmental certification programs.
v.
Superior architectural design, including all of the following, where applicable:
1.
Buildings on corner lots and buildings that terminate views must incorporate additional height or other features that emphasize their prominent location.
2.
In mixed-use buildings, the ground floor must be differentiated from upper floors through the use of architectural treatments.
3.
The primary building entrance must be a prominent feature that is defined and articulated with pediments, pilasters, columns, porticoes, porches, overhangs, railings, or other architecturally compatible elements.
4.
Transparent windows must comprise more than 30% of the primary and secondary street facing elevations.
5.
Use of durable, high-quality materials that are appropriate for the climate, such as stone, steel, glass, precast concrete, or masonry. Such materials and associated architectural features must wrap around all sides of the building that are visible from the public realm. Traditional stucco may be appropriate in a historic context or for a Mediterranean-style building. Buildings incorporating EIFS (Exterior Insulation Finishing System) or other faux-stucco finish for more than 10% of a street-facing façade do not meet this enhancement option.
vi.
Underground utilities, if currently aboveground.
vii.
An architecturally enhanced street wall surrounding the parking area with a trellis or other architectural features.
viii.
Another enhancement not otherwise required by code that is proposed by the applicant and approved as part of the master plan or planned development zoning district. Examples might include a publicly accessible park or plaza, public art or a premium transit stop.
ix.
For eating and drinking establishments, the following site design standards must be met to qualify for the additional incentive:
1.
Maximum number of parking spaces permitted is 12:1000 sf GFA;
2.
Cross-access easements and/or shared parking agreements are required where the City deems them necessary;
3.
All Traditional City design standards are incorporated into the site design;
4.
Pole signs are prohibited;
5.
Transit stops and/or shelters are required where determined reasonably necessary by the City, in cooperation with Lynx;
6.
If an eating and drinking establishment is abutting a Class I or II use (shown in Figure 6: Land Use Intensity Table, Chapter 58) and includes a Drive-through facility, a 5 ft. minimum height masonry wall, located 5 ft. from the property line, shall be provided as part of the required buffer area; in addition, the landscaping requirements of Chapter 60, Section 60.253, shall be provided between the wall and the abutting property.
(e)
The reduction in required minimum intensity must be applied through a Master Plan application, a Planning Official determination, or a similar type of application.
(Ord. of 9-16-1991, Doc. #25094; Ord. of 5-20-1996, Doc. #29361; Ord. of 7-23-2001, § 26, Doc. #33944; Ord. No. 2019-22, § 2, 3-25-2019, Doc. #1903251204; Ord. No. 2024-18, § 5, 5-13-2024, Doc. #2405131203)
General Description. Density and intensity standards for permitted or conditional uses in certain zoning districts may be increased in exchange for a contribution by the developer to the City of Orlando Trust Fund for Low and Very-Low Income Housing, or for an on-site housing alternative.
Bonuses Available.
General Procedure. In order to receive the intensity bonus for a development, the developer must first submit the development (including the bonus) for the Neighborhood Compatibility review described below and must then also do either one of the following:
(a)
pay, to the City of Orlando Trust Fund for Low and Very-Low Income Housing, a sum equal to 2.0% of the total construction costs of the development, which sum is calculated according to the paragraph below entitled "Calculation of Intensity Bonus Payment"; or
(b)
offer an "in-kind" on-site housing alternative as described in the paragraph below entitled "On-Site Alternative."
Neighborhood Compatibility Review. A developer wishing to utilize an intensity bonus shall first submit a written request for a determination of whether a significant negative impact is present. Unless waived by the Planning Official, this request shall include: a description of the project for which the intensity bonus is sought, including whether the project will be constructed in phases; street address and legal description of the development; type of intensity bonus proposed; site plan for the development.
Neighborhood Compatibility Review Criteria. Because intensity bonuses allow more intense development of the building site, the general development standards of the zoning district may in some instances be insufficient to ensure compatibility between the development utilizing intensity bonuses and adjacent developments. In order to ensure that the intensity of a development utilizing an intensity bonus remains compatible with adjacent neighborhoods, the Planning Official shall issue a written report determining whether the use of the intensity bonus will have a significantly greater negative impact on surrounding neighborhoods than the same development would have without the intensity bonus. The determination shall be based upon a comparison of the development utilizing intensity bonuses with a development at the maximum density otherwise permitted in the same zoning district and shall address:
(a)
whether building setbacks significantly decrease sight-line separation between building sites;
(b)
whether bufferyard widths provide sufficient buffers or significantly decrease sight-line separation between building sites;
(c)
whether bufferyard landscaping provides sufficient screening between building sites;
(d)
whether orientations of buildings, doors, or windows allow sufficient sight-line separation between building sites;
(e)
whether location of open space buffers separate adjacent building sites;
(f)
whether increased traffic will reduce the level of service on roadways adjacent to the development (outside the Transportation Concurrency Exception Area); and
(g)
whether the development will increase daily trips on local or collector streets by more than 10 percent (inside and outside the Transportation Concurrency Exception Area).
Neighborhood Compatibility Review Findings. The Planning Official shall issue written findings of impact at any time before the issuance of the bonus, except that in the event of a phased development such written findings shall be made before the Master Plan review. If a significant negative impact is present, the Planning Official shall, as a condition of the intensity bonus approval, require compliance with enhanced development standards to remove the negative impact. Such enhanced development standards may include increased building setbacks, increased bufferyard widths, increased bufferyard planting or screening requirements, orientation of buildings away from adjacent neighborhoods, location of open space toward adjacent neighborhoods, and roadway improvements necessary to maintain the level of service which would result from a development utilizing the maximum density generally permitted in the zoning district. The developer may appeal the determination of a significant negative impact and the enhanced development standards to the Municipal Planning Board as outlined in Chapter 65, Part 2G. If the Planning Official determines that there are no negative impacts, or if the developer agrees to comply with any enhanced standards set by the Planning Official, then the developer need only pay the 2% or provide the on-site alternative in order to receive the bonus.
Calculation of Intensity Bonus Contribution. After the development has passed the Neighborhood Compatibility Review described above, the developer must then pay to the City of Orlando Trust Fund for Low and Very-Low Income Housing (hereinafter for this Section "Trust Fund") a sum equal to 2.0% of the total construction costs of the development. The 2.0% is calculated on the basis of site plans, architectural drawings, cost estimates, construction contracts and any other supporting documentation which would otherwise have to be submitted to the Building Official for the calculation and issuance of a City building permit. The Building Official shall review and approve the supporting documentation and 2.0% figure just as if the Building Official were issuing a building permit, and said review shall also be sufficient for the issuance of the building permit. Once paid, the Intensity Bonus is non-refundable, even if no development is built.
Partial Payment for Partial Bonus. At the developer's option, the developer may obtain a bonus smaller than the maximum bonus available, in exchange for a smaller, pro-rated contribution to the Trust Fund.
Written Issuance and Duration of Bonus. After the payment of the 2.0% (or pro-rated smaller amount), the Planning Official shall issue a written confirmation of the Intensity Bonus. The Bonus shall be valid for six (6) months. Before the six-month period expires, the developer must obtain a building permit for the development, although the developer may obtain the building permit immediately after obtaining the bonus since the Building Official's review will be sufficient for both.
Adjustment of Bonus Contribution. If the developer modifies the building permit application after the issuance of the bonus, but before the issuance of the building permit, then any increase in construction cost figures must be reflected in payment of 2.0% of the increase to the Trust Fund before the Building Official will issue the building permit.
Phased Developments. A developer has two choices in the event of a Phased Development:
(a)
pay entire bonus contribution for some or all phases "up-front," or
(b)
pay contribution one phase at a time.
If the developer pays for some or all phases in advance, the developer may base the payment on the required full supporting documentation for the first phase, plus approved Master Plan and site plans for subsequent phases. In the event of payment for multiple phases in advance, the building permit must be issued within six (6) months of payment of the contribution for the first phase, 18 months for the second phase, and 30 months for all subsequent phases, subject to later payment of 2.0% of any increase reflected in actual building permit applications. If the developer pays for each phase one at a time, the developer is subject to any changes in this Ordinance between phases.
On-Site Alternative. The developer may, with the approval of the Planning Official, elect to provide on-site low and very-low income housing units, instead of paying the 2.0% contribution. The number of such units provided must equal the number of additional units permitted by the bonus.
Use of Trust Fund Monies. The City of Orlando shall use the monies paid into the Trust Fund to support, build, construct, encourage, publicize or otherwise aid the provision of low and very-low income housing within the City of Orlando. The City is authorized to contract in writing with private entities to assist in this program or to expend monies generated hereunder. Twenty-five percent (25%) of the monies collected through the Trust Fund shall be placed in a fund for housing rehabilitation.
(Ord. of 9-16-1991, Doc. #25094; Ord. of 4-20-1992, Doc. #25633; Ord. of 7-26-1993, Doc. #26769; Ord. of 7-23-2001, § 36, Doc. #33944; Ord. No. 2024-2, § 1, 1-22-2024, Doc. #2401221204)