L D C I TEM # 1 0 S U M M A RY D E V E L O P M E N T T Y P E S

Transcription

1 Staff Report to the Municipal Planning Board March, 0 L D C I TEM # 1 0 DUPLEXES AND TANDEMS S U M M A RY Owner N/A Applicant City of Orlando Project Planner Elisabeth Dang, AICP Description of the Request: Revise Land Development Code Chapter Figure 1; Chapter Parts C, D, and E; Section.; Chapter Parts B, and E, and Section.00 to address requirements for duplex and tandem development Citywide and in the Colonialtown Special Plan, and delete requirements for average lot and cluster development, which are obsolete. Staff s Recommendation: Approval of the requests. Public Comment Because the adoption of this ordinance could affect all of the City of Orlando, no notices have been mailed. Staff posted this item on the City s Bulletin Board, the City s web site, and place a classified ad in the Orlando Sentinel. Staff has met individually with several duplex developers and residents over the last year. Staff also sent copies of this report to people who requested follow-up. One phone call and several s have been received as of the date of the Staff Report. Updated: March, 0 D E V E L O P M E N T T Y P E S Conventional single family, tandem single family, and duplex development are all permitted in the R-A, R -B, R-A and R-B zoning districts. On a typical 0 by 0 lot, this yields the following typical development types. Single family one unit on one lot Duplex two connected units on one lot Tandem two separate units with reduced setbacks on one lot (lot may be split)

2 Page DRAFT LDC0-00 Duplexes and Tandems B A C K G R O U N D The 1st Century has brought a dramatic change in the type, style and scale of in-fill duplex development in Orlando s Traditional City, generally located east of Orange Blossom Trail, west of Bumby Avenue, south of the City limits and north of Michigan Street. This change resulted in a new kind of duplex that our land development regulations never contemplated and were unprepared to properly regulate. Duplexes have always been a permitted use in the R-A and R-B districts of the Traditional City. Throughout the later 0th Century, infill development in Orlando s downtown neighborhoods consisted of a mixture of single family homes and duplexes. Whereas single family homes were marketed mostly to prospective homeowners, duplexes were aimed almost exclusively at the rental market. Therefore the unit sizes were much smaller, and the amenities and architectural details offered in these duplexes were much more spare than in a typical new single family home of the period. The photo below shows typical rental duplexes built in the 10 s & 0 s, the so-called angle carport duplex. This duplex includes two -bedroom 1-bath units, each having 0 sq. ft. of floor area, for a total of 00 sq. ft. overall. Since the typical new single family home built in the Traditional City during this same period (see below at left) was often a -bedroom -bath unit having 0-00 sq. ft., duplexes usually did not stand out in terms of their size, scale and massing. Two single family homes at left, two duplexes at right. Partly as a response to concerns expressed by homeowners about rental duplexes, Orlando s Land Development Code (LDC) was amended in the early 10 s to allow Tandem Dwellings (two separate single family homes on a duplex lot) by Conditional Use Permit in R-A & R-B districts. In the first decade after their introduction such Tandem Dwellings were built in the Traditional City, mostly in the College Park and Colonialtown North neighborhoods. During the 10 s builders began to discover a new market for duplexes aimed at prospective homeowners. At first, these new forsale duplexes were only rarely built as infill development in Orlando s downtown neighborhoods. Instead duplex builders purchased larger suburban tracts, usually in the unincorporated Orange County, and built subdivisions where the two units of each duplex were separated from each other as much as possible, often attached only by their respective utility sheds as shown in the photo at right. Since these new for-sale duplexes were aimed at homeowners, each unit was usually 00

3 Page -100 sq. ft. and included bedrooms, baths, a 1-or--car garage (in lieu of a carport), upgraded amenities and improved architectural styling. Orange County s zoning ordinance requires a minimum x0 ft. lot for a duplex in the R- & R- districts. An 000 sq. ft. lot with two 100 sq. ft. units results in a Floor Area Ratio (FAR) of 0., which is nearly twice as high as the FAR for a typical Orange County single family subdivision however, since these new duplexes were built in their own subdivisions entirely separate from single family development they did not present any conflict with established neighborhoods. Each ft. wide lot could be split into two. ft. lots so each home could be sold in fee-simple. DRAFT LDC0-00 Duplexes and Tandems Beginning in the late 10 s and through the housing bubble of the 000 s, however, Orlando s Traditional City for-sale housing market boomed as prospective homeowners took a new interest in downtown living. Duplex builders soon recognized 000 s era infill tandem dwellings in Orlando s the untapped potential of this new market and began to purchase R-A and R-B lots, often demolishing the small older Colonialtown neighborhood. homes on those lots to make way for this new for-sale duplex product. The typical size of each unit was by this time even larger than before, sometimes approaching or exceeding 000 sq. ft. Orlando s LDC requires a minimum 0x0 ft. lot for a duplex in the R-A district. This lot cannot be split, so each duplex must become a -unit condominium for sales purposes. The exception to this is Tandem Dwellings, where a lot split is permitted, and as a result applications for tandems also boomed in the late 10 s. A 000 sq. ft. lot with two 000 sq. ft. units results in an FAR of 0.. The City s current regulations do not include garages in the FAR calculation, but these garages add to the apparent mass and size of each duplex. If two 0 sq. ft. 1-car garages are added to the calculation the FAR becomes 0.. If the surrounding older single family homes average less than 0 sq. ft and do not have garages which is typical each new for-sale duplex is nearly four times the size of its single family neighbors. Such duplexes can only be described as out of character with the surrounding neighborhood. The City reacted in two ways to the rapid influx of massive duplexes and tandems in established neighborhoods. First, in 001 the LDC was amended to restrict the size of duplexes and tandems to a maximum FAR of 0.0. Second, tandems were restricted to corner lots only (where both units would have their own street frontage) but in a compromise, those corner-lot tandems became a permitted use (instead of a Conditional Use). Duplex developers reacted to these new regulations by gravitating toward corner lots, which are often larger than interior lots (thus allowing more massive units) and have far more street frontage (thus facilitating a -car garage for each massive unit). Soon it seemed to neighborhood residents that nearly every street corner had been overtaken by massive duplexes and tandems, and the City reacted by adopting special overlay districts where tandems are prohibited entirely. But the only result was more duplexes on those corner lots instead of tandems. With the collapse of the housing bubble in 00-0, infill duplex and tandem development in Orlando s downtown neighborhoods came to an almost complete halt. However, the recovery of the housing market in 0- has brought with it a new surge in this kind of infill development, and all of the related issues have returned.

4 Page S U M M A RY OF I S S U E S Side-by-Side Duplexes and Court Homes Where the two units of a duplex are placed one behind the other, the building can be designed to appear from the street as a single family home. However, where the two units are placed side-by-side the building appears to be a -unit townhouse, out of character with its surroundings, and all the mass of the building is placed at the front of the lot. If two or more side-by-side duplexes are built together, it gives the appearance of a townhouse development in a neighborhood of single family character. DRAFT LDC0-00 Duplexes and Tandems Where two front-to-back duplexes or tandems are built side by side ( units total), it is often most efficient to serve all four units from a single driveway placed between the two duplex buildings. However, this arrangement also gives the appearance of a - unit apartment complex served by a single driveway and parking lot. This is also not appropriate in a neighborhood of single family character. Side-by-side Duplex: Looks like a townhome Stacked units, with one unit over the other, are rare but do occur. It is not feasible to split such units as separate fee-simple lots, however they are allowed by the code. Front-to-back Duplex: Looks more like single family E Harding Stacked Duplex: one unit above the other Court Home Duplex Pair: Looks like multifamily

5 Page DRAFT LDC0-00 Duplexes and Tandems Mass & Scale The imposition of a maximum 0.0 FAR has not has not adequately controlled the mass & scale of duplexes in established neighborhoods. In the Traditional City there are a surprising number of oversized lots, especially where a lot has been split and sold to the owners on each side, resulting in a lot-and-a-half. Applying the 0.0 FAR standard to even a relatively shallow x ft. lot-and-a-half results in a 00 sq. ft. duplex. On a more typical 0 ft. deep lot the result is a massive 0 sq. ft. duplex sq. ft. per unit. The maximum impervious surface area (ISR) is %. For some lots, this may impact maximum building size. However, in most cases FAR will be the determining factor. For example, a lot that is 0 by 0 is allowed a maximum,0 sq. ft. (0. FAR) today, or, sq. ft. (0. FAR) under the proposed code revision. For a typical two-story duplex, the footprint is,000 sq. ft., or 0. ISR. This leaves over,000 sq. ft. available for a garage, driveway, patio or other hardscape feature. Garages Buyers of homes over 000 sq. ft. nearly always demand a - car garage in fact, Orlando s LDC requires two parking spaces for single family homes of this size (including tandems). On a duplex or tandem lot, two -car garages add about 00 sq. ft. to an already massive 00-0 sq. ft. duplex. The result can easily be a structure of over 000 sq. ft. in a neighborhood where the surrounding older single homes average 0 sq. ft. or less. Front-facing garages are especially troubling since they place this additional building mass at the front of the building where it is most visible to the surrounding neighborhood. This is most true on corner lots, where all nearly all garages must be front-facing. There are also concerns about the number, size and spacing of driveway curb cuts. Too many curb cuts can reduce available on-street parking and street tree opportunities. The City is considering future amendments to address these issues for single family, duplex and townhome development. In the meantime, current code limits on driveway spacing mean that new duplexes on standard sized lots are required to have one shared curbcut at the property line, a maximum of 1 feet wide (two cars wide). This can be a shared driveway, or split behind the front setback to create one single-car-wide driveway for each unit. Appearance Review In an effort to allow these new unit types to fit into established neighborhoods of single family character, the City has from the start required that tandem dwellings undergo Appearance Review as part of the approval process. However, duplexes have not been held to the same standard. Instead, the City has used the review powers offered by the Traditional City overlay district to make do in the review of duplexes. This form of design compliance review has not been adequate. Condominium vs. Fee-Simple Ownership A - unit condominium can be a very inefficient ownership arrangement as compared to fee-simple ownership with a mandatory owners association. Condos can be expensive and clumsy to establish, and are treated very differently from a legal, insurance and taxing standpoint than fee-simple homes. Many new homeowners in these small condos have found it difficult to make the adjustment, and a few duplex builders have responded by splitting duplex lots even though this is not allowed by Orlando s LDC. The result is that the City is confronted with illegally-split lots as a fait accompli.

6 Page DRAFT S U M M A RY OF R E C O M M E N D E D A M E N D M E N T S : D U P L E X AND TA N D E M D E V E L O P M E N T LDC0-00 Duplexes and Tandems Recommendation Establish FAR for all uses (duplexes, tandems &single family) at 0. in R-A, 0.0 in R-B district. Establish maximum floor area of 000 sq. ft. for all uses (duplexes, tandems & single family) and maximum 00 sq. ft. for an individual tandem or duplex unit. Clarify setbacks for accessory cottage and garage apartment units, and state that such units are not allowed on a duplex or tandem development site. Limit duplexes & tandems to stories in the R-A District. Allow duplexes & tandems to be sold and owned in fee simple by platting or lot split. Establish a procedure for duplex plats & lot splits with standards for maintenance of common improvements. Create subtypes of duplex dwellings: Front To Back Duplexes, Side By Side Duplexes, & Court Homes. Do not permit Side By Side Duplexes and Court Homes in the R-A District. Allow them in the R-B district. Permit tandem dwellings in R-A & R-B districts wherever duplexes are permitted, except where HP or SP districts restrict. On corner lots in the R-A district permit only tandems, not duplexes. Purpose Reduce the mass & scale of infill development in established neighborhoods. Limit the mass & scale of infill development in established neighborhoods. The R-A zoning district allows a maximum of two units per lot. An accessory unit is not allowed where two units are already built. Reduce the mass & scale of duplexes & tandems in established R-A neighborhoods. The City now allows fee-simple ownership of townhomes in Attached Dwelling Developments. Prevent illegal lot splits and apply proper standards. Side By Side Duplexes have the character of townhomes. Court Homes have apartment character. Front To Back Duplexes look more like single family. R-A districts are intended to preserve single family character in neighborhoods. Tandem dwellings have the character of single family homes and should be preferred to duplexes in established neighborhoods. Change tandem rear yard setback from feet to 0 feet and require a minimum ft. separation between units. Prohibit detached garages & carports if the FAR exceeds 0. or the GFA exceeds 000 sq. ft. In such cases, maximum size of accessory structure is 0 sq. ft. Increase side yard setback for duplex or tandem rear units to. ft in R-A, except that garages with no living space above may be set back ft. Add minimum % transparency standard for side walls. Eliminate blank walls. Make tandems more compatible with their surroundings. Detached -car garages and carports and their driveways consume large portions of rear yards, rendering them unusable. Reduce the mass of the rear units of front to back duplexes & tandems. Require appearance review for duplexes & tandems, and establish standards for appearance review (similar to what now applies to tandems). Improve the design and compatibility of duplexes in established neighborhoods. Allow variances to design compliance standards through the Design Variance process. For other standards use regular variance process. Delete provisions for average lot and cluster development. Allow for site-specific exceptions to the requirements for a demonstrated hardship through the variance process. These types of housing have not been proposed by developers in many years and are obsolete.

7 Page DRAFT LDC0-00 Duplexes and Tandems S U M M A RY OF R E C O M M E N D E D A M E N D M E N T S : C O L O N I A LT O W N O V E R L AY The Colonialtown North neighborhood, generally located north of W. Colonial Drive, east of Mills Ave, west of Bumby Ave, and south of Nebraska Street has a special plan overlay that was adopted in 00 to address concerns about infill development. The overlay prohibits tandem development, which has not slowed the pace of infill development, but has instead shifted the character from tandems to duplexes. As shown in the attached analysis, duplexes are less likely to be owner-occupied and recent construction looks more like multifamily or townhome development than single family. This proposed amendment is intended to promote single family character by removing the prohibition on tandem development. In addition, the citywide FAR limit is proposed to be further reduced because redevelopment activity has altered the character of this neighborhood more than many other City neighborhoods. New development should match the scale and character of existing development. The following amendments to the overlay are recommended. Recommendation Reduce FAR to 0. for single family homes & duplexes in the R-A district, 0. in R-B District (not counting accessory units). Allow tandems with Max. FAR 0.. Limit the floor area of accessory cottages and garage apartments to 00 sq. ft. but don t count toward allowable FAR. Continue to allow front yard porch encroachments, but limit to feet depth. Prohibit -story porch encroachments. Require design compliance review for all new construction & exterior alterations (single family & duplexes) Require active driveway no parking signs for shared & rear-unit driveways. Purpose Bring the mass & scale of new construction into line with the established character of the neighborhood. Tandem dwellings have single family character and should be preferred to duplexes in the Colonialtown North neighborhood. Reduce the mass of accessory units. Prevent the conversion of accessory units into tandems. Bring the mass & scale of new porches into line with the established character of the neighborhood. Improve the design and compatibility of new construction in the Colonialtown North neighborhood. Reduce front-unit visitor parking that blocks access to rear units.

8 Page DRAFT LDC0-00 Duplexes and Tandems A N A LY S I S OF D U P L E X E S A N D T A N D E M S C O N S T R U C T E D City Planning Division staff analyzed City building permit and County property appraiser records for duplexes and tandems in Traditional City R-A & R-B districts for the years 11-0 to assess trends in location, size and type of infill development. Staff estimates that duplex & tandem units were built from , and duplex & tandem units were built from No units were built in 0-1, and duplex units were built in 0-0. A spreadsheet showing all these units and the data supporting the following findings is available on request. The counts are per unit, not per lot. In some cases, there is an odd number of units, for example when adding a new tandem to an existing single family home. 1. Duplex condos & splits increased dramatically, but tandems decreased. Duplex condo development in Orlando s Traditional City increased from units for the decade to 1 units for the decade 001-0, but then came to an abrupt halt after the housing bubble burst with only none at all for the years 0-1. Duplex rental development was 0 units from and units from By comparison, tandem single family development dropped following the imposition of restrictions on the locations of tandem sites in 001, from units in to units in 001-0, and 0 units in Most duplex development focused on just a few neighborhoods. The specific neighborhoods where duplex development took place also changed over the course of the decade. This may be why residents in certain neighborhoods complained of being over-run by a sudden wave of duplex development. For example, during the 10 s nearly all of this development type took place in just two neighborhoods College Park and Colonialtown North and consisted mostly of single family tandems. Therefore it should not be surprising that neighborhood complaints focused on tandems rather than duplexes, and the City reacted by imposing restrictions on the locations of tandem sites in 001. However, the only result of these restrictions was that development from consisted mostly of duplexes. Neighborhood College Park tandem, duplex tandem, 1 duplex duplex Colonialtown North tandem, duplex tandem, duplex duplex Milk District duplex duplex duplex Lake Davis tandem, duplex tandem, duplex none Wadeview Park none duplex duplex Lawsona/Ferncreek duplex tandem, duplex none Colonialtown South duplex duplex duplex Eola Heights duplex duplex none Park Lake none duplex none Lake Formosa none duplex none. Single family tandem units have a much higher rate of home ownership than duplexes Of the tandem single family units built from 001-0, % ( units) were owner-occupied in 0 according to Orange County Property Appraiser s records. And of tandems built in the 10 s, % ( units) were owner-occupied in 0. This rate of home ownership is statistically indistinguishable from that of non-tandem single family homes in the same neighborhoods. By contrast, of the 1 duplex condo units built from for which ownership data was readily available, only % ( units) were owner-occupied in 0 (ownership data was missing for some duplex condo parcels due to a quirk in the City s database). And of duplex condos built in the 10 s with known ownership data, only one is owner-occupied today. There are non-condominium duplexes ( units) built from i.e. duplexes where both units are in single owner-

9 Page DRAFT LDC0-00 Duplexes and Tandems ship and which were built for that purpose. Most are rentals, but of these duplexes (%) were owner-occupied in 0 a surprisingly high percentage of owner occupancy, especially as compared to the near-zero rates for duplexes built in previous decades. All of these owner occupied duplexes were custom-built homes, indicating that for people choosing this unit type and life-style, a custom home was critical.. Unit size & floor area ratio (FAR) characteristics The following chart shows floor area trends for duplex and tandem units: Less than 00 sq. ft..%.% sq. ft..%.% 00- sq. ft..0% 1.% sq. ft. 1.% 1 1.% 000 sq. ft. or more.% 1.% TOTAL 1 During both halves of the decade the majority of all units were 00- sq. ft. in area. However during the height of the housing boom from 00-00, smaller units under 00 sq. ft. all but disappeared, whereas the largest units over 000 sq. ft. increased from units (.%) to units (1.%) Less than 0. 1.% 1 0.% %.% %.% %.% % 0.% %.% Greater than 0..% 1.% TOTAL 1 FAR trends during this decade present a more complex picture. There is diversity in FAR range, however during 00 to 0, over % exceeded 0. FAR. Some units evaded the established 0.0 standard but given the possibility that square footage and/ or acreage of the site on the property appraiser s website may not exactly reflect what was in the building permit, units between 0.1 and 0. FAR may or may not have met the code. This analysis assumes that units greater than 0. FAR did exceed the code requirement.. Potential impacts of an FAR reduction and maximum square footage To determine how a proposed 0. FAR limit in the R-A district might affect future duplex and tandem development, staff has looked at those units built from that would have been affected by an FAR reduction, assuming those that evaded the established 0.0 FAR standard are assigned a maximum square footage equivalent to 0.0 FAR. In addition, there is a proposal for a maximum of 000 sq. ft. per development site in R-A and R-B districts. While an individual unit could be larger, the other would need to be proportionately smaller, therefore this analysis looks at the impact of restricting units over,000 sq. ft Average Average Number Sq ft reduction Number Sq ft reduction Not impacted FAR impact 000 sq. ft. impact Both FAR and sq. ft. impact 0 0 The proposed amendments would impact approximately % of units built from 001 to 00 and % of units built from 00 to 0. However, the average reduction in square footage is approximately sq. ft., which is the size of a small bedroom. In Colonialtown, 1 of units built from would be impacted by a maximum FAR of 0.. The average reduction is approximately sq. ft. due to the 0. FAR limit, plus an additional 0 sq. ft. due to the 0. FAR limit. This data shows that limitations under consideration can make a measurable difference in making duplex and tandem units more compatible with their surroundings without affecting their appeal to the intended market of first-time homebuyers.

10 Page DRAFT LDC0-00 Duplexes and Tandems A draft code amendment is attached, subject to final review and approval by the City Attorney s Office. FINDINGS In review of the proposed LDC amendment it is found that: 1. The proposed Land Development Code amendment is consistent with the State Comprehensive Plan (Chapter 1, Florida Statutes).. The proposed Land Development Code amendment is consistent with the East Central Florida Strategic Regional Policy Plan.. The proposed Land Development Code amendment is consistent with the provisions of Chapter, Part II, Florida Statutes.. The proposed Land Development Code amendment is consistent with the objectives and policies of the City s adopted Growth Management Plan (GMP). RECOMMENDATION Staff recommends approval of the proposed amendment to the Orlando Land Development Code.

11 DUPLEX DEVELOPMENT DRAFT ORDINANCE WHEREAS, due to the high cost of infill housing, duplex dwelling development has become more prevalent in Orlando s existing established R-A and R-B zoning districts; and WHEREAS, the predominant use in the City s R-A and R-B zoning districts is the singlefamily detached residential dwelling unit; and WHEREAS, unlike single-family housing, duplex dwelling units have inherent design challenges that are currently not addressed in the City of Orlando s Land Development Code; and WHEREAS, if design challenges are not addressed properly, poorly designed duplex dwellings may impact the character of existing R-A and R-B zoning districts to the detriment and overall well being of established residential neighborhoods; and WHEREAS the City Council desires to adopt design criteria for new duplex dwelling development that will maintain the prevailing bulk, height, setbacks, appearance and general character of established residential neighborhoods; and WHEREAS, the City no longer desires to include provisions in the Land Development Code for cluster lot developments and average lot developments; NOW THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF ORLANDO, FLORIDA: SECTION I: All references for Average Lot Development (1 Family and Duplex Dwelling) and Cluster Development (1 Family and Duplex Dwelling) shall hereby be deleted from Figure A of Section.0 entitled Traditional City Residential Uses SECTION : All references for Average Lot Development (1 Family and Duplex Dwelling) and Cluster Development (1 Family and Duplex Dwelling) shall hereby be deleted from A of Section.0, entitled Traditional City Residential Uses, and Figure C of Section.0, entitled Residential Uses Outside the Traditional City SECTION : In Figure A of Section.0, entitled Traditional City Residential Uses, in the R-A district, Conventional Duplex and Tandem Development shall be shown as PA (Permitted Use, Appearance Review Required). In the R-B district, Multifamily Development shall be shown as PA (Permitted Use, Appearance Review Required, maximum of units per building site). SECTION : Figure 1 (Traditional City) of Section.0, shall be revised to insert the following two rows between the existing standards for Gross Res. Density and Non-residential FAR, to read as follows: LDC0-00 DRAFT ORDINANCE 1 February, 0

12 Max. Single Family and Duplex FAR () Max. Single Family and Duplex GFA R-1 s R-A R-B (others) () sq. ft. 000 sq. ft sq. ft. per unit over In addition, Footnote shall be inserted as a footnote applying to Figure 1 (Traditional City) of Section.0 as follows:. Non-conforming residential lots are subject to the provisions of Section. (a)-(e) concerning FAR, height, location of required parking, appearance review and modification of standards. SECTION : Footnote 1 of Figure 1 in Chapter of the Land Development Code of the City of Orlando is hereby deleted and replaced in its entirety as a footnote applying to Figures 1 &, as follows: 1. Wherever Duplexes and Tandems are allowed as Permitted or Conditional Uses, they are subject to a series of requirements including a Maximum Floor Area, Design Standards and Appearance Review. See Part D of this Chapter. Side-by- Side Duplexes are not permitted in the R-A district. Court Home Development is not permitted in the R-A district except where the Zoning Official determines there is no other alternative based on existing environmental or built conditions. The side yard setback for the back unit of any Front-to-Back Duplex or Tandem in the R-A district shall be. feet. (a) Floor Area Ratio. The maximum Floor Area Ration (FAR) for Tandem Single Family Developments and Duplexes Shall be 0.0. (b) Tandems Permitted on Corner and Through Lots. Tandem Single Family Developments shall be permitted on corner and through lots that are otherwise zoned for and meet the site standards for duplexes. See Part of this Chapter for specific design standards. Planned Development approval shall be required when two detached principal units are proposed for interior lots. SECTION : Footnote of Figure 1 in Chapter of the Land Development Code of the City of Orlando is hereby amended as follows:. (a) Where Permitted. In R-1AA, R-1A, R-1, R-1N and R-A zoning districts an Accessory Apartment, Accessory Cottage, or Garage Apartment may be allowed as a second dwelling unit on a single-family building site under the following conditions: -- LDC0-00 DRAFT ORDINANCE February, 0

13 (b) i) Accessory Apartment. (1) Inside the Traditional City, one Accessory Apartment shall be allowed as a Permitted Use when the building site is at least 1. times the minimum lot size for the applicable zoning district. () Outside the Traditional City, one Accessory Apartment may be allowed as a Conditional Use in accordance with the regulations and procedures provided in Chapter, Part D, when the building site is at last 1. times the minimum lot size for the applicable zoning district. ii) Accessory Cottage and Garage Apartment. ( 1) In the R-A district inside and outside of the Traditional City, one Accessory Cottages or garage apartment shall be a permitted use provided that the minimum building site area for an Accessory Cottage shall be the same as that required for a in connection with a single family dwelling on any building site where duplex development would otherwise be permitted. Accessory Cottages and Garage Apartments are prohibited in an R-A district on any building site where there is an existing Duplex or Tandem Dwelling, or in connection with any new Duplex or Tandem Dwelling development. (1 ) Inside the Traditional City in the R-1AA, R-1A, R-1 and R-1N Districts, one Accessory Cottage or garage apartment shall be allowed as a Permitted Use when the building site is at least.0 times the minimum lot size for the applicable zoning district. ( ) Outside the Traditional City in the R-1AA, R-1A, R-1 and R-1N Districts, one Accessory Cottage or garage apartment may be allowed as a Conditional Use in accordance with the regulations and procedures provided in Chapter, Part D provided that the building site is at least.0 times the minimum lot size for the applicable zoning district. Design Standards. The living quarters gross floor area of an accessory cottage dwelling (ACD) or garage apartment shall not exceed 0% of the living quarters gross floor area of the principal structure or 1,00 square feet, whichever is less. However, principal structures with living quarters gross floor area less than 1,00 square feet may have an ACD accessory cottage or garage apartment up to 00 square feet. Appearance Review is required for ACD's, wherein ACD structures to ensure that the accessory cottage or garage apartment shall have the same exterior finish as the principal structure located on the same lot and shall incorporate at least two similar architectural details found on such principal structure into their design. LDC0-00 DRAFT ORDINANCE February, 0

14 Examples of similar architectural details include, but are not limited to, windows, doors, roof style, cornice detailing, vents, and dormers. (c) Design Standards in the R-A and R-B Districts. On any building site in an R- A or R-B district where a Duplex or Tandem Dwelling would otherwise be permitted, any new Accessory Cottage or Garage Apartment over 0 sq. ft. and built in connection with a One Family Dwelling must conform to the yard setback and building separation requirements for Tandem Dwellings, except that any Accessory Cottage or Garage Apartment between 1 and 00 sq. ft. may have a minimum ft. rear yard setback. SECTION : Sections. through Section. of Parts C, D and E of Chapter entitled TANDEM SINGLE FAMILY DEVELOPMENT, AVERAGE-LOT DEVELOPMENT and CLUSTER DEVELOPMENT shall hereby be deleted and replaced with the follow part entitled DUPLEX AND TANDEM DWELLING DEVELOPMENT : C. DUPLEX AND TANDEM DWELLING DEVELOPMENT Sec... Applicability and Conflicts (a) Intent. The standards and requirements of this Part are intended to provide flexibility for creative site planning, to expand the type of dwelling units available to the public, to maintain compatibility with, and the integrity of, the immediately surrounding neighborhood through architectural design and building orientation appropriate to such neighborhoods, and to create alternative opportunities for fee simple ownership on real property otherwise eligible for duplex development. (b) Applicability. Except for Duplex or Tandem Dwellings subject to the specific design standards of a Planned Development zoning district, the standards and requirements of this Part shall apply City-wide to the construction of new Duplex and Tandem Dwellings and Substantial Improvements to existing Duplex and Tandem Dwellings. (c) Conflicts. If any provisions of these regulations are determined to be in conflict with any other City regulation, these regulations shall prevail except where otherwise specified or regulated by a Historic District or other overlay zoning district. Sec... Development and Design Standards. The following standards are intended to ensure that Duplex and Tandem Dwelling construction is harmonious and architecturally compatible with existing residential structures in the surrounding neighborhood (within 00 feet). Duplex and Tandem LDC0-00 DRAFT ORDINANCE February, 0

15 Dwellings must incorporate styles, materials, finishes, details, and colors that are similar to other structures in the surrounding neighborhood or employ other techniques to provide for an aesthetically compatible transition between structures. In addition to the Zoning District and Use Regulations provided in Figures 1-, the following standards shall apply except where otherwise specified or regulated by a Historic District or other overlay zoning district: SUMMARY TABLE OF DUPLEX & TANDEM DWELLING STANDARDS R-A Other districts Max. Floor Area Ratio (FAR) Max. Gross Floor Area (GFA) per building site 000 sf 000 sf Max. GFA for any individual duplex or tandem unit 00 sf 00 sf Min. side yard setback for rear unit. ft. district std. Max. number of stories per building district std. Min. rear yard setback for duplexes (all kinds) ft. district std. Min. rear yard setback for tandems 0 ft. 0 ft. (a) Special Requirements in the R-A District 1. Except where otherwise specified or regulated by a Historic District or other overlay zoning district, Side-by-Side Duplexes are not permitted in the R-A district. Court Home Development is not permitted in the R-A district except where the Zoning Official determines there is no other alternative based on existing environmental or built conditions.. Except where otherwise specified or regulated by a Historic District or other overlay zoning district, Duplex Dwellings (all kinds) are prohibited on corner lots in the R-A district. Tandem Dwellings are permitted on corner lots in the R-A district.. Rear unit garages and carports may have a ft. side yard setback ONLY IF there is no second story living area, floor area or deck of any kind above any portion of such garage or carport. (b) Tandems Except where otherwise specified or regulated by a Historic District or other overlay zoning district, Tandem Single Family Development shall be permitted on building sites that are otherwise zoned for and meet the building site standards for Duplex Dwellings. When such building sites are located on a corner, Tandem Single Family Development is encouraged in lieu of Duplex Dwellings. On each Tandem building site there shall be a minimum building separation of ft. between buildings/structures, with no less than ft. on each side of the tandem property line. LDC0-00 DRAFT ORDINANCE February, 0

16 (c) Court Homes Wherever new development will compose both building sites of any Court Home Development in any district, the development site may have only one driveway, except for a corner development site where an additional driveway may be allowed if consistent with Chapter 1. (d) Dwelling Units Platted as Separate Lots Each dwelling unit within a Duplex or Tandem Dwelling building site may be situated on its own separate lot, provided: 1. The Duplex or Tandem Dwelling building site is platted into two individual lots, or. The Zoning Official approves a Duplex or Tandem Dwelling Lot Spit in compliance with Section.. (e) Appearance Review To ensure that each Duplex and Tandem Dwelling is harmonious and architecturally compatible with existing residential structures in the surrounding neighborhood, an Appearance Review in accordance with Section, Part of this Code shall be required prior to the issuance of a Building Permit and the following additional standards: 1. Architectural Style Each Duplex Dwelling must have consistent architectural elements as determined by the Appearance Review Officer. However, the dwelling units within a Tandem Development must have a distinguishable and varied architectural style from one another unless otherwise approved by the Appearance Review Officer. All architectural elements, details, features, and finishes on the exterior of the Duplex or Tandem Dwelling must be both consistent and compatible with the architectural style employed. The Appearance Review Officer will consider the following elements when evaluating conformance with this requirement: a. Roof type, pitch, form, material and overhang. b. Exterior elevation and finishes c. Window proportions, groupings, trim, muntins and details. d. Column size, taper, base and moulding. e. Balcony width and depth. f. Porch width, depth and elevation. g. Chimney details. h. Dormers/parapets. i. Brackets, shutters, railings, rafter tails and decorative details. j. Transparency k. Other elements, as determined appropriate by the Appearance Review Officer. LDC0-00 DRAFT ORDINANCE February, 0

17 Compatibility The Appearance Review Officer will consider the following factors when evaluating the compatibility of Duplex or Tandem Dwelling development with the surrounding neighborhood: a. Logic of overall design b. site plan c. Materials selection d. Circulation and parking e. Architectural style f. Compliance with the Traditional City standards and requirements for residential development (Section.00).. Orientation The front unit of each Front-to-Back Duplex or Tandem Dwelling building site must have a principal pedestrian entrance oriented towards the front lot line. On through lots, both dwelling units must have a principal pedestrian entrance oriented toward their respective front lot lines.. Design Variances Duplex and Tandem Dwellings that do not comply with the above Appearance Review requirements may be applied for through a Design Variance per Sections.- of the LDC. (f) Transparency. In addition to the Traditional City requirements of Section.00, the first and second floor side walls of any Duplex or Tandem dwelling unit shall contain a minimum of % transparent or translucent materials. (g) Accessory Structures Within any Duplex or Tandem building site having an FAR over 0. or GFA over 000 sq. ft. (whichever is less), accessory detached garages and carports shall be prohibited and accessory structures greater than 0 sq. ft in floor area on each lot shall be prohibited. Walls, fences, and swimming pools may be located on each lot provided they conform to the appropriate regulations contained within this Chapter. (h) Corner Building Sites In addition to all other requirements of this section, Duplex and Tandem Dwellings on corner building sites shall be developed such that the front dwelling unit has a principal pedestrian entrance oriented towards the front lot line and the rear dwelling unit has a principal pedestrian entrance oriented to the street side lot line. Sec.. Duplex and Tandem Dwelling Lot Splits (a) Intent - The Duplex and Tandem Dwelling Lot Split standards of this Section are intended to allow each dwelling unit within an existing Duplex Dwelling LDC0-00 DRAFT ORDINANCE February, 0

18 (b) (c) (d) (e) (f) building site (including those that may currently be in condominium ownership and existing nonconforming Side-by-side Duplexes and Court Homes) to be converted to fee-simple ownership, similar to Attached Dwelling Developments (see Part B of this Chapter), where such use is otherwise permitted by this Code. The standards of this Part are also intended to ensure proper design and unified maintenance of common areas within Duplex Dwelling Developments. Process Duplex and Tandem Dwelling Lot Splits may be approved in conjunction with a Subdivision Plat or Lot Split approval wherever such dwellings are permitted by this Code. An Applicant wishing to undertake a Duplex or Tandem Dwelling Lot Split shall specifically request such approval in conjunction with an application for Plat or Lot Split approval. All applications shall include a detailed site plan, with building elevations, for appearance and neighborhood compatibility review. Effect of Approval. Where a Subdivision Plat has been approved for a Duplex or Tandem Dwelling Lot Split Development in accordance with this Part, the Final Plat shall substantially conform to the Duplex or Tandem Dwelling Lot Split approval. No building permit shall be issued within any Duplex or Tandem Dwelling Lot Split Development except in accordance with the approved Subdivision Plat or Lot Split and upon evidence that any covenants, restrictions and easements for the Duplex or Tandem Dwelling Lot Split Development have been duly recorded. The Office of Legal Affairs shall review such agreements for form and legality. Such agreements shall be recorded as a covenant running with the property in perpetuity, or until such time as the entire Duplex Dwelling is demolished. Ownership and Maintenance of Common Areas and Structures. Common Areas and Structures shall meet the requirements of Chapter, Part D (Improvements Retained in Private Ownership) and Part E (Maintenance of Common Improvements and Open Space). Agreements required by this Section shall be subject to review and approval by the Office of Legal Affairs and shall be recorded as a covenant running with the property in perpetuity, or until such time as the dwellings are demolished. Development and Design Standards - Each Duplex or Tandem Dwelling Lot Split development site shall conform to the development and design standards of Sections.-. above. Building Site Standards - In order to establish two separate lots, the Duplex or Tandem Dwelling building site must conform to the following minimum standards: LDC0-00 DRAFT ORDINANCE February, 0

19 (g) (h) 1. The Duplex or Tandem Dwelling building site must conform with Sec..0, Figure 1 for two family conventional development in the zoning district in which it is located, or. Must be a legal non-conforming Duplex Dwelling or lot of record. Lot Standards - Both lots within a Duplex Dwelling building site must comply with the following minimum standards: 1. Side-by-Side Lots (including existing nonconforming Side-by-side Duplexes): a. Minimum lot area,0 sq. ft. b. Minimum mean lot width -. ft. c. Minimum street frontage -. ft.. Front-to Back Lots (including existing nonconforming Court Homes): a. Minimum lot area -,0 sq. ft. b. Minimum mean lot width - As required in the applicable zoning district c. Minimum street frontage for front lot - As required in the applicable zoning district. d. The rear lot is not required to have street frontage, but is required to have a vehicular cross-access easement to the right of way. No existing Accessory Dwelling Unit in an R-A or R-B district may be converted to a Tandem Dwelling unless it conforms to the yard setback and building separation requirements for Tandem Dwellings. Duplex Dwelling Development Standards Duplex Dwelling Lot Split Developments shall conform to all of the following additional standards: 1. The original undivided lot shall be considered one unified parcel or building site for zoning purposes.. The exteriors of both duplex units shall be included in the required maintenance agreement described in Section (d).. Utility lines are separate and independent, or for any shared utility, there is a joint maintenance agreement.. The owners of both duplex units shall be required to jointly apply to the City for any building permit that affects the exterior appearance of either unit. Secs.... Reserved. SECTION : Section. of the City Code shall hereby be amended to read as follows: Sec... Subdivisions Eligible for Waivers of the Platting Process. LDC0-00 DRAFT ORDINANCE February, 0

20 The Planning Director may grant waivers from the platting process for the following types of subdivisions or re-subdivisions of land: (A) Lot Split. A subdivision that will result in the creation of no more than two () additional residential, commercial or industrial lots, so that the lot to be split becomes no more than three lots, may be considered a Lot Split provided the following conditions are met: () For Duplex and Tandem Dwelling Lot Splits, joint maintenance easements and agreements already exist on the lot to be split or are provided by separate instrument. Such easements and agreements shall be implemented and enforced by a mandatory homeowners association. SECTION : Section.1 of the City Code shall hereby be amended to read as follows: E. MAINTENANCE OF COMMON IMPROVEMENTS AND OPEN SPACE Sec..1. Establishing a Means of Common Ownership and Management. Prior to approval of the Final Site Plan or Final Subdivision Plat or Lot Split, the developer/builder shall provide documents to establish a means of common ownership and management of all common open space and common improvements. Such documents shall establish an organization or entity to own and manage the open space and/or improvements, describe its membership and responsibilities, and shall include a maintenance and fiscal program for the improvements. In no event shall a Certificate of Completion be issued for a development involving common open space and/or improvements until the entity of common ownership and management has been incorporated. SECTION : Section. of the City Code shall hereby be amended to read as follows: Sec... Funding Mechanism Required. (A) Recorded Document. Prior to approval of any Final Site Plan or Final Subdivision Plat or Lot Split, the developer/builder shall provide and record documents to establish a funding mechanism for the maintenance of the common improvements and/or open space. The documents shall provide a method for the organization or entity established in this Section to assess the property owners having beneficial use of the improvements and open space for the cost of their maintenance. The method of assessment shall provide the legal right for the organization or entity to impose liens against those properties for which payment of any assessment is not made. Collection of assessments and enforcing the payment thereof shall be the responsibility of the organization or entity and shall not be the responsibility of the City of Orlando. The assessments LDC0-00 DRAFT ORDINANCE February, 0

21 imposed by the organization or entity shall not relieve property owners from any taxes, fees, charges or assessments imposed by the City or any other governmental agency. (B) Notice to Buyers. The documents shall also provide for notice to purchasers and prospective purchasers of properties that the organization or entity shall have the authority to make assessments and impose liens as provided in this Section. SECTION : Section.00 of the City Code is hereby amended to read as follows: Sec..00 Definitions Cluster Development: A development approach which permits reduction in the minimum lot size requirements and other zoning district regulations for certain residential uses while keeping overall project density the same as in conventional development. Court Home Development Any Duplex or Tandem Court Home Development Development in which two abutting Duplex and/or Tandem building sites are designed so that a single driveway serves three or more of the dwelling units on the two abutting sites, or where two driveways on the abutting building sites are located adjacent to each other along or near their common property line. This term also includes any situation where a New Duplex or Tandem Development is to be built abutting an Existing Duplex or Tandem Development in such a way that the Existing and New Developments taken together will compose a Court Home Development. Dwelling, Front-to-Back Duplex: Any Duplex Dwelling Development that has the majority of one dwelling unit Front-to-Back Duplex located behind the other dwelling unit with respect to the front lot line (See Illustration). Dwelling, One Family (or Single Family): A dwelling designed for and occupied exclusively by one family. This term includes Conventional, Average-lot, Clustered and Zero-lot-line One Family dwellings. Dwelling, Side-by-Side Duplex: Any Duplex Dwelling Development where both dwelling units are side-by-side and LDC0-00 DRAFT ORDINANCE February, 0