Single-Family or Multi-Family: Are Townhomes Homeless in Pasco County?

Multi-family development is a hot topic in Pasco County, Florida. Some residents and stakeholders feel there is too much existing and proposed multi-family inventory. Others argue there isn’t enough multi-family inventory to support a high-volume employer. Some advocates believe the market should dictate the volume of certain types of living space, while others feel the county planning department and county commission should decide.

Whatever your opinion on the matter, a review of the applicable code provisions and open discussions between commissioners and staff signals that nobody knows exactly what the term “multi-family” means in Pasco County. More specifically, townhomes have been lost in the shuffle. They’re labeled as both multi-family and single-family, depending on what designation you read in the Pasco County Land Development Code or the Comprehensive Plan.  

For instance, Appendix A of the land development code defines “dwellings” as:

1. Dwelling, single-family.
   1. a. Single-family detached residence. A site-built dwelling unit designed for a single family or household. Site-built homes can be of modular construction.
   2. b. Mobile home. Any dwelling unit constructed to standards promulgated by the United States Department of Housing and Urban Development (HUD) which is a minimum of 12 feet wide and 40 feet in length and having the HUD insignia.
2. Dwelling, duplex. A building containing two dwelling units.
3. Dwelling, multiple-family. A building containing two or more dwelling units.
4. Dwelling, townhouses. Two or more dwelling units which are attached side by side through the use of common party walls.

The land development code defines “building” as “any structure having a roof and used or built for the enclosure or shelter of persons, animals, vehicles, goods, merchandise, equipment, materials or property of any kind.”

Reading these definitions as a whole, one could argue that townhomes are multi-family in nature, as they exist in a building that contains multiple dwelling units. But what if the proposed townhomes are staggered in such a way that they do not share a common roof, and only portions are connected by “common party walls”? Are they still one building? Are they still multi-family? And if townhomes are multi-family in nature, why was a separate definition included specifically for them? No such definition would be necessary if townhomes were clearly a multi-family product.

The comprehensive plan is not helpful. Its glossary offers this definition of “multiple family”: “A building containing two (2) or more dwelling units, including units that are located one (1) over another.”

Again, depending on the circumstance and style of construction, a townhome may or may not fit the above definition. Do shared walls indicate one building, even though townhomes are side by side and not stacked? The comprehensive plan glossary does not contain a definition of the term “townhome” or “building.” Perhaps a specific future land use category will help clear up the issue?

We looked at the Residential-9 (RES-9) Future Land Use category of the comprehensive plan, which would allow the dwelling units per acre needed for townhomes. It states as follows, in pertinent part:

RES-9 (RESIDENTIAL - 9 DU/GA)

Intent: To recognize those areas suited for single-family and multiple-family residential development having a maximum density of nine (9) dwelling units/developable residential acre.

General Range of Potential Uses: Single-family and multiple-family residential uses (duplexes, multiple family units, condominiums, townhouses); agriculture and agriculturally related uses; recreation facilities; neighborhood-scale public and semipublic uses, such as central utility systems. (Emphasis supplied).

At first blush, that description would seem to clear the matter up. Per the language above, townhomes are “multiple family residential units” based on their placement in the description of the range of potential uses for RES-9 and other comprehensive plan categories. However, this interpretation leads to a major inconsistency with the current county land development code.

The county’s land development code defines a “single-family dwelling unit” as a “structure designed for occupancy by a single family or household. Single-family dwelling units may be attached to one another as in a row or townhouses or detached from one another as by side yards. All single-family units are characterized by a ground-floor entrance, except where flood regulations specify otherwise, and the absence of another dwelling unit above. (Emphasis supplied).

This definition is the most sensible in the code, as it describes the true function and nature of townhomes. Unlike apartments or condominiums, townhomes are not stacked on top of each other to maximize density and shared access. They operate as true single-family residences, unlike apartments and condominiums that share internal or external stairwells and can be stacked three to four stories high.

However, in the early drafts of the new proposed land development code, Pasco County staff removed the above definition of “single-family dwelling units” that includes townhomes. Instead, the county is considering definitions of “single-unit living,” “two-unit living” and “multi-unit living.” These proposed definitions are simply based on how many residential units are in a single “building.”

For example, “single-unit living” is proposed to be defined as a “building containing one (1) dwelling unit designed for a single household.” (Emphasis supplied). The proposed definition of “multi-unit living” is “a building containing three (3) or more dwelling units each designed for an individual household.” No new definition of “townhome” or “building” is included in the revisions.

Pasco County should provide a proper home for townhomes in its comprehensive plan and land development code. Unlike apartments or condominiums, which are stacked and share significant common area and staircases, the only difference between a townhome and a detached traditional single-family home is the existence of a partially or fully shared wall. Townhomes function as single-family residences with entrances at ground level. They should be defined and discussed in that manner in the updated comprehensive plan and land development code.

If this issue isn’t properly clarified, a landowner cannot discern the entitlements and value of his or her property. Moreover, a buyer interested in developing townhomes on the property cannot perform due diligence that provides sufficient clarity to go under contract, obtain financing, and close on the land. Finally, the real-world application of such disparities would lead to an inordinate burden on the property rights of the landowner, giving rise to costly and time consuming litigation.

Please contact Derrill McAteer or any member of Phelps’ Business team if you have questions or need compliance advice and guidance.