§ 58.1103. Criteria for Approval of a Bonus.

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 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 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.

(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)