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Council moves to remove townhomes from R1B in 'glitch' update to land development code
Summary
During a long discussion of a corrective 'glitch' ordinance for Oviedo's rewritten land development code, staff outlined multiple statutory and technical fixes. Council directed staff to remove 'townhomes' as a permitted use in the R1B zoning mapping to prevent piecemeal conversions of existing single‑family neighborhoods.
City staff opened a discussion Dec. 1 on a 'glitch ordinance' designed to correct implementation issues that surfaced after the city adopted a rewritten land development code. The fix list includes map amendments, permissible-use table corrections, updated definitions to comply with Florida statutes, and clarifications on administrative approvals for final plats.
Dr. Correa (staff) told the council the LDC is a "living document" and summarized categories of proposed changes, ranging from approval of final plats by staff to allowing alternative performance/maintenance guarantees and clarifying setbacks for accessory structures.
One of the more contested items was the mapping and allowable uses for an R1B zoning district. Staff said the R1B district is intended to align existing platted lots and medium-density residential (MDR) future land-use designations so small, nonconforming lots can be brought into compliance without the need for repetitive variances. The R1B designation would also, as currently drafted, allow single-family attached townhomes as a permissible use.
Council members debated the trade-offs: R1B could relieve nonconforming-lot burdens and give property owners flexibility, but some members worried that automatically allowing townhomes could lead to piecemeal redevelopment that changes long-established neighborhood character. "I don't want town homes in R1B," one council member said during the exchange, and other members echoed concerns about incremental change that would be unpopular with long-time residents.
After extended discussion of compatibility, quasi‑judicial rezoning safeguards and density limits, a majority of council members said they prefer to remove 'townhomes' from the R1B permissible-uses table before the packet reaches the public-hearing stage. Staff confirmed the change can be made during the discussion phase and that the updated packet will be redistributed for review prior to hearings.
Timing and next steps: Staff said the glitch ordinance will proceed through the Local Planning Agency public hearing on Dec. 16, a council first hearing on Jan. 5 and potential adoption on Jan. 20. Staff also agreed to update and reissue the presentation materials—council members requested the corrected packet, particularly the slides referencing solar facilities and other recently added statutory requirements.
The council's direction does not eliminate the possibility of future rezonings or larger redevelopment proposals; staff and legal advisors noted such changes would still require the standard quasi‑judicial rezoning process and be judged on compatibility and competent substantial evidence.
