§ 58.1133. Intensity Bonus for Low and Very-Low Income Housing Contribution.

General Description. 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.

District	Intensity		Maximum Bonus		Available Intensity With Bonus
R-3A	12 units/ac.	+	3 units/ac.	=	15 units/ac.
R-3B	21 units/ac.	+	5 units/ac.	=	26 units/ac.
R-3C	30 units/ac.	+	10 units/ac.	=	40 units/ac.
R-3D	75 units/ac.	+	15 units/ac.	=	90 units/ac.
O-1	.4	+	.075	=	.475
O-2	.7	+	.125	=	.825
O-3	1.0	+	.15	=	1.15
AC-1	.7	+	.1	=	.8
AC-2	1.0	+	.15	=	1.15
AC-3	1.5	+	.3	=	1.8
AC-3A	3.0	+	.5	=	3.5

 

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)