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HomeMy WebLinkAbout03-17-2022 PZ AgendaCITY CF SE13ASTIA HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 www.cityofsebastian.org AGENDA PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY THURSDAY, MARCH 17, 2022 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF COMMUNITY DEVELOPMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ANNOUNCEMENTS AND/OR AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. 5. APPROVAL OF MINUTES: Regular meeting of March 3rd, 2022 6. LOCAL PLANNING AGENCY (LPA) PUBLIC HEARINGS • Chairman opens hearing; • Attorney reads ordinance or resolution or title, if any; Staff presentation; • Public input; • Commissioners closes hearing; • Commission deliberation and questions • Chairman calls for a motion Commission Action A. Public Hearing — Recommendation to City Council — Ordinance 0-22-06 — Land Development Code Amendment — ARTICLE V BY ADDING TRANSFER OF DENSITY AND DENSITY INCENTIVE PROGRAM REGULATIONS; AMENDING ARTICLE XI BY ADDING THE COASTAL HIGH HAZARD AREA; AND TO PROVIDE FOR SEVERABILITY, CONFLICTS, CODIFICATION, SCRIVENER'S ERRORS, AND AN EFFECTIVE DATE. 7. UNFINISHED BUSINESS None 8. PUBLIC INPUT Public Input on items other than on the printed agenda, is five minutes, however, it can be extended or terminated by a majority vote of members present 9. NEW BUSINESS None 10. COMMISSIONERS MATTERS 11. CITY ATTORNEY MATTERS 12. STAFF MATTERS 13. ADJOURN No stenographic record by a certified court reporter will be made of the foregoing meeting. Any person who decides to appeal any decision made by the Council with respect to any matter considered at this meeting will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be heard. (F.S.286.0105) In compliance with the Americans with Disabilities Act (ADA) of 1990, anyone who needs a special accommodation for this meeting should contact the City's ADA Coordinator at 772-388-8226 at least 48 hours in advance of the meeting. All government meetings in City Council Chambers will be broadcast live on COS -TV Comcast Channel 25 and ATT UVerse Channel 99 and streamed via the city website — www.cit_vo_fsebastian.org_ unless otherwise noticed and rebroadcast at a later date — see COS -TV Channel 25 for broadcast schedule ZOOM INFORMATION Please click the link below to join the webinar: httns://us02web.zoom.us/i/85295282939 Or one tap mobile: US:+13126266799„85295282939# or+19294362866„85295282939# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 312 626 6799 or +1 929 436 2866 or +1 301 715 8592 or +1 346 248 7799 or +1 669 900 6833 or +1 253 215 8782 Webinar ID: 852 9528 2939 International numbers available: httys://us02web.zoom.us/u/kclMdUAtoia 2 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES MARCH 3, 2022 Call to Order -- Chairman Alvarez called the meeting to order at 6:00 p.m. II. Pledae of Alleaiance was recited by all. III. Roll Call Present: Mr. Simmons Ms. Kautenburg Mr. Carter Ms. Jordan (a) Mr. Christino (a) Ms. Kinchen Mr. Alvarez Also Present: Ms. Lisa Frazier, Community Development Director Ms. Michelle Faulkner, Planner Ms. Dorri Bosworth, Community Development Manager Mr. Manny Anon, Jr., City Attorney Ms. Barbara Brooke -Reese, MIS Manager Ms. Janet Graham, Technical Writer Dr. Mara Schiff, Indian River County School Board liaison, was not present. IV. Announcements and/or Aaenda Modifications � J6C.0 - '^ .0 ,� Y a: Su E I0 (L E C 0 ca U ca ,C m -nC Qoco toN Q a0n Mr. Alvarez announced that this evening Mr. Christino and Ms. Jordan would be voting at this meeting. As an agenda modification, Mr. Alvarez requested moving Item IX -- Accessory Structure Review -- to between Items V and VI. Hearing no objection, Mr. Alvarez stated Agenda Item IX, New Business, will be heard after Item V. V. ADDroval of Minutes: Regular Meeting of February 17, 2022 Mr. Alvarez asked if all the Commissioners have had a chance to review the Minutes of the February 17, 2022 meeting. All indicated they had. There being no comments or corrections, Mr. Alvarez called for a motion. A motion approving the Minutes as presented was made by Mr. Carter, seconded by Mr. Christino, and approved unanimously via voice vote. VI. New Business PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MARCH 3, 2022 A. Accessory Structure Review -- LDC Section 54-2-7.5 -- 520 Concha Drive -- 936 SF Detached Garage -- Robert and Joy Cagle Mr. Alvarez called on the applicants to present their testimony. Ms. Joy Cagle spoke on behalf of the applicants. They are asking for approval of an accessory building, garage, on their property. The proposed building will be 936 square feet. She identified the builder and reviewed the landscaping and that the building will be cement block, and the colors and roof will match the existing house. The building will be used to store vehicles, etc. Mr. Christino -- Asked if this building will be the same elevation as the house. Ms. Cagle said it may be slightly lower, but there is no septic, etc. in that location. Mr. Christino asked if there would be plumbing in the building. Ms. Cagle said there will be only electric. Mr. Carter — • Asked regarding the additional considerations on the staff report as far as pulling a permit for the driveway and the culvert. He asked if they have already applied for that. Ms. Cagle stated the builder has applied for and gotten all the permits he needs. Mr. Carter also inquired as to the landscaping. Ms. Cagle stated that they have no objection to planting more trees if they are needed. They have several trees already on the lot, but they have no objection if they need to have more trees planted. Ms. Cagle stated there will be shrubs three feet apart surrounding the building and whatever other landscaping the City requires. Ms. Kautenburg -- • Asked if there is a unity of title. Ms. Faulkner said there is. Mr. Alvarez called on staff for their recommendation. Ms. Faulkner stated the proposed accessory structure is in compliance with the Code, and staff recommends approval with the two conditions listed in the Staff Report. There being no further questions/comments from the Commissioners, Mr. Alvarez called for a motion. A motion approving construction of an accessory structure including the additional considerations as set forth in the staff report was made by Ms. Kinchen and seconded by Mr. Carter. Mr. Alvarez called for a roll call vote. Roll Call PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MARCH 3, 2022 Ms. Jordan (a) -- Yes Mr. Alvarez -- Yes Mr. Christino (a) -- Yes Mr. Simmons -- Yes Vote was 7-0 in favor. Motion carries. Ms. Kinchen -- Yes Mr. Carter -- Yes Ms. Kautenburg -- Yes At this time, Mr. Alvarez closed the Planning and Zoning Commission meeting and opened the Local Planning Agency (LPA) Public Hearing Mr. Anon read the item into the record. VII. Local Plannina Aaencv (LPA) Public Hearinq A. Public Hearing -- Recommendation to City Council -- Ordinance 0-22-04 -- Land Development Code -- Definitions relating to junk, land use compatibility, industrial uses, classifications and definitions -- Code of Ordinances: Article III Sec. 86-46, 86-47. Land Development Code: Article IV Sec. 54-2-4.2; Article V Sec. 54-2-5.6, 54-2-5.7, and 54-2-5.13; Article VI Sec. 54-2-6.4; and Article XXII Sec. 54-5-22.2 Mr. Alvarez called on staff for their presentation. Ms. Frazier reviewed that the purpose of this hearing is to assure that the items that are being reviewed are in compliance or out of compliance with the Comprehensive Plan, and she asked for that wording to be included in any motion recommending approval or disapproval to City Council. She reviewed in depth the Memorandum which sets forth Ordinance No. 0-22-4 and identified and explained the items to be considered this evening by the Commission. Definitions were addressed as set forth in Sec. 86-46. Ms. Frazier stated staff is recommending the wording "...or shall have only salvage value whereby parts thereof are kept and used for the replacement and repair of other motor vehicles" be stricken. She explained the reasoning for that recommendation. Ms. Frazier reviewed the Future Land Use Map chart. The only addition she recommends is, under Very Low Density Residential, RS-10 should also be included in that section, and she explained the reasoning for that recommendation. In addressing Sec. 54-2-5.6, Industrial District, changes are proposed that will tie it in with and make it compatible with the Heavy Industrial section, Section 54-2-6.7 was added. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MARCH 3, 2022 There was a protracted discussion regarding the setbacks between industrial and residential zoning. Also discussed was the size of the acreage criteria for heavy industrial use. After discussion, it was agreed that the minimum size of the acreage should be changed from two acres to five acres for heavy industrial use. It was the consensus that the setbacks should be increased from 50 feet to 100 feet in heavy industrial sites and 50 feet in industrial sites. Ms. Frazier also explained the mixed -use land use, and that is compatible with all of the City's zoning except for single family, but the single family can be added in as part of the residential planned unit developments or as part of RM-8 or RM-10. Regarding Section 54-2-6.4, the wording included will read, "Applicable zoning districts. Recycling or materials recovery facilities shall be permitted as a conditional use within the following zoning districts: HI (Heavy Industrial)." Also included in this section, the lot size shall be a minimum of five acres, as well as stating that "No building shall be located closer than 100 feet to any property line abutting a residential district. In Section 54-5-22.2 — Definition of terms -- the definition of recycling shall be, "Any process, Including composting and mulching, in which solid waste or materials which would otherwise become solid waste, are collected, processed, reused, or returned to use in the form of raw materials or products." In Section 54-5-22.3 — Land Use Classifications — in Item 1 under Number (d), wording will be added. The last addition in that section shall include "Research and development with or without manufacturing." Mr. Alvarez opened the public hearing. There was no public input on this agenda item. There being no further comments/questions on this item, Mr. Alvarez called for a motion. A motion approving Ordinance 0-22-04 as being in compliance with the Comprehensive Plan and allowing all of the changes as set forth above was made by Ms. Kinchen and seconded by Mr. Carter. Mr. Alvarez called for a roll call vote. Roll Call Ms. Kinchen -- Yes Ms. Kautenburg -- Yes Mr. Simmons -- Yes Mr. Christino -- Yes Vote was 7-0 in favor. Motion carries. Mr. Alvarez -- Yes Ms. Jordan -- Yes Mr. Carter -- Yes PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MARCH 3, 2022 At this point, Mr. Alvarez closed the Local Planning Agency hearing and reopened the Planning and Zoning meeting. Vill. Unfinished Business -- None IX. Public Input -- None X. Commissioners Matters Mr. Carter referred to the Accessory Structure Review this evening. He stated that there used to be a statement at the bottom "Staff Recommendations." There has no longer been that heading in the last several of these hearings. He was wondering why. Ms. Bosworth stated she will look into that. Mr. Alvarez recalled that in the past there was a group of people who came in who were trying to do something in the downtown area. He wonders whatever happened to that. He also brought up the condition of the streets in the City and how much dirt and debris exists along and in the streets. He recalls that in the past the City did have a street sweeper, but there does not appear to be one now. Ms. Frazier said that is something that should be looked into. There was also discussion that a street sweeper might not work well on the streets that do not have curb -and -gutter. Ms. Kautenburg stated that she thinks there is going to be a problem on Main Street and the increased train traffic. She described an experience she had recently when she got stopped on the train tracks because a car two cars in front of her had been stopped while waiting to turn left on Louisiana Avenue. She questioned whether there can be something done in that area so that traffic does not get held up on the tracks because of someone wanting to turn left onto Louisiana Avenue. She suggested that the traffic department take a look at maybe stopping that left turn onto Louisiana Avenue and directing traffic to an alternate route. She also brought up the question of the size of a shed that triggers when a permit is needed for an accessory structure. She stated that there is a proliferation of sheds that are very large in the City. She suggested that this situation needs to be looked into and possibly changed. Ms. Frazier agreed. Extended discussion was had on this subject. XI. Citv Attornev Matters -- None XII. Staff Matters PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MARCH 3, 2022 Ms. Bosworth reviewed that a month ago the "Private Property Element" was appended and added to the Comprehensive Plan. She stated that a copy of this element was supplied to each of the Commissioners this evening to be inserted into their Comprehensive Plan. XIII. Adiournment There being no further business, Mr. Alvarez adjourned the meeting at 7:17 p.m. IN j9 Date: rnva HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastian.org MEMORANDUM TO: Local Planning Agency (Planning and Zoning Commission) RE: Ordinance No. 0-22-06 - Proposed Land Development Code Amendment - ARTICLE V BY ADDING TRANSFER OF DENSITY AND DENSITY INCENTIVE PROGRAM REGULATIONS; AMENDING ARTICLE XI BY ADDING THE COASTAL HIGH HAZARD AREA; AND TO PROVIDE FOR SEVERABILITY, CONFLICTS, CODIFICATION, SCRIVENER'S ERRORS, AND AN EFFECTIVE DATE. DATE: March 17, 2022 Agenda Item Title: Ordinance No. 0-22-06 In accordance with Florida Statutes 163.3202(1), each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan. Staff has summarized, reviewed and confirmed necessary modification or additions within the Land Development Code (LDC) required to bring the LDC into compliance with the Comprehensive Plan 2040. The following provides the Policy statement that corresponds to the proposed amendments. Land Use Element Policv 1-1.3.5: Riverfront Mixed Use (RMU). The Riverfront Mixed Use designation is intended to provide a mixture of residential, commercial, recreational, and institutional uses in the Riverfront District. Development and redevelopment in this designation is at risk of potential flooding and sea level rise impacts per the City of Sebastian, Coastal Resiliency Plan, Prepared By: Kimley-Horn and Associates, Inc., March 2019 (Coastal Resiliency Plan). The use of Transfer of Development Rights (TDRs) shall be encouraged as a tool to move the density/intensity of development from the east area of the district to the west area of the district outside of the CHHA. The City's LDC may also define additional areas as receiving zones. The maximum intensity is 0.6 FAR, and up to 1.0 FAR with incentives. The allowable residential uses are single family, duplexes, multi- family with densities up to eight (8) dwelling units per acre, and up to ten (10) dwelling units per acre with the use of TDRs or incentives. Incentives shall be only available for areas outside of the CHHA and shall be outlined in the LDC and may include but are not limited to projects that incorporate regional stormwater pond(s), shared parking structures(s), bike/pedestrian connectivity, and quality of public open space. Policv 1-1.3.6: Mixed Use (MU). The purpose of the Mixed Use designation is to provide a mixture of residential, office, commercial, recreational, limited industrial and institutional uses and encourage town centers along major arterial corridors. This designation shall target areas outside of the Riverfront Mixed Use district to allow for greater flexibility and changing market types in identified areas of the City such as the rnva HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastian.org Sebastian Boulevard Triangle Area. These areas may also serve as TDR receiving areas allowing for the preservation of additional preservation and conservation lands within the City. Additional design and development standards including form based code principals shall be incorporated into the LDC. The maximum intensity is 0.6 FAR, and up to 1.0 FAR with incentives. The allowable residential uses include single family, duplexes, and multi -family up to ten (10) dwelling units per acre, and up to twelve (12) dwelling units per acre with the use of TDRs or incentives. Incentives shall be outlined in the LDC and may include but are not limited to projects that incorporate regional stormwater pond(s), shared parking structures(s), bike/pedestrian connectivity, and quality of public open space. Obiective 1-1.5: Transfer of Development Rights. Transfer of Development Rights (TDRs) for both residential and non-residential development allow for blended densities and intensities while protecting conservation lands and areas prone to sea -level rise and flooding, and native habitats. Policy 1-1.5.1: Utilizing Transfer of Development Rights. The City shall establish formal TDR standards in the LDC including but not limited to transfer rates and requirements in order to direct development away from targeted (identified) areas. Consistent with Policy 5-2.5.2 in the Conservation & Coastal Management Element, these identified areas include but are not limited to conservation lands, Coastal High Hazard Area (CHHA), proposed Adaptation Action Area (AAA) Overlay, public open spaces, wetlands and other native habitats. Incentives established through the TDR process may include density and intensity bonuses based on the quality of the areas being protected and preserved, provision of public spaces, public infrastructure improvements or similar. TDR's shall only be utilized within the City limits for transfer and recipient sites. Staff recommendation: FIND ORDINANCE 0-22-06 IN COMPLIANCE WITH THE COMPREHANSIVE PLAN AND RECOMMEND APPROVAL Lisa Frazier, Director Community Development Department Sec. 54-2-5.16. —Transfer of Development Rights (a) Intent. The purpose of the Transfer of Development Rights (TDR) program is to provide a tool that incentivizes landowners to (re)allocate potential development to lands in identified areas (sending) in the Citv and reallocate residential to other areas (receiving) of the Citv. The TDR program furthers the goals, obiectives and policies of Citv of Sebastian Comprehensive Plan, specifically: (1) Establish a voluntary, incentive -based program; (2) Provide for a transfer of development rights for increased residential unit density; (3) Establish sending zones to protect environmentally sensitive lands including the Coastal High Hazard Area (CHHA) and other designated areas in the Citv, and make reasonable use of property rights by transferring some, or all, of the development rights within the Citv to receiving zones within the City; (4) Encourage new development and redevelopment in areas with adequate existing infrastructure and services; (5) Assist in the orderly, sustainable development of urban lands. (b) Transfer Requirements (1) Residential units shall be identified and approved as part of a rezone amendment, site & development plan or other process as approved by the Citv. (2) Upon transfer, sending zone properties are not eligible for comprehensive plan text and or map amendment or rezoning that increases available density and or intensitv post transfer. (3) Residentially zoned lands shall be able to transfer some or all of the underlving residential units, Permitted by the underlvinR land use, to lands not located within a defined CHHA or environmentally sensitive area either under common ownership or transferred by legal document approved by the Citv. (4) Residential existing on the property or otherwise encumbered shall be excluded from the transfer. (5) Residential TDR Ratio. Landowners are allowed to transfer dwelling units based on the eligible underlving land use to lands within eligible zoning districts at a maximum ratio of 2 dwelling units Per each unit transferred (2:1). (6) Owners/applicants participating in the TDR program shall identifv and quantifv TDR units on a development plan as a special consideration as required in Chapter 4 of the City of Sebastian Land Development Code. V) Prior to the time of transfer, the owner of the sending property shall execute an easement, in the name of the Citv and a deed restricting development in accordance with the requirements of this section and in a form acceptable to and approved by the Citv Attornev and signed by the owner of record. Such Easement and Deed Restriction shall be recorded with the Clerk of Court prior to issuance of a TDR certificate and approval of anv development application on an eligible receiving site. a. Sale. In the instance where development rights are exchanged between different owners, an agreement for sale, or similar document, shall be submitted with the development plan. Upon approval, a contract for sale, or similar document and a conservation easement, or deed restrictions, shall be recorded in the official public record of Indian River Countv. b. Preservation Requirements. In lands where densitv transfers are used, no construction of dwelling units may commence until deed restrictions and/or easements have been approved and recorded which ensure protection and preservation of the ecologically sensitive area from which the units are being transferred from. The substance of such easements and restrictions shall substantially conform to the conservation easement language set forth in the Florida Statutes, 704.06. c. Upon transfer, properties are not eligible for Comprehensive Plan text amendment and/or Map amendment, or Zoning amendment that increases available density and/or intensity post transfer. (c) Sending areas: Only lands within the following sending areas shall be eligible to transfer density off -site to receiving areas as a part of the TDR program: 1. Coastal High Hazard Area (CHHA) 2. Upland Native Habitats for preservation and protection of flora and fauna 3. Wetlands, floodolains, aquifer recharge, and other aquatic habitats 4. Other areas of importance as deemed by the Citv (i.e. views heds/archeological/historical) (d) Receiving areas: Only lands in Future Land Use Map Designations and Compatible Zoning Districts identified in Table 54-2-16.1 shall be eligible to receive density credits as a part of the TDR program: 1. Medium Density Residential (MDR) 2. Riverfront Mixed Use (RMU) 3. Mixed Use (MU) (e) Accept where otherwise or previously approved, the residential density and intensity standards within Table 54.2-5.16.1 are the maximum allowed residential densities and non-residential intensities allowed as part of the TDR and incentive program as provided for in Sec. 54-2-5.17. — Densitv Incentives Program. (f) No densitv transfer may exceed 20 percent of the maximum allowable density standards and shall only be utilized within the Citv limits for transfer and recipient sites. Table 54-2-5.16.1 - Future Land Use Map Designations and Compatible Zoning Districts Future Land Use Designation Corresponding Compatible Zoning IMaximurn Densitv (Districts ((units per gross acre) with incentives Medium Densitv Residential Medium Densitv Multiple -Family 12 du/ac MDR (Residential (RM-10) Residential Planned Unit Development PUD R Maximum Intensity (floor area ratio) with incentives NA Riverfront Mixed Use (RMU) Mixed Use (MU) Commercial Riverfront (CR) Commercial Waterfront Residential CWR Medium Densitv Multiple-Familv (Residential (RM-10) (Residential Planned Unit Development PUD R Commercial Planned Unit (Development (PUD(C)) (Mixed Use (MU) Mixed Use (MU) Commercial General (CG) (Commercial Planned Unit (Development (PUD(C)) Medium Densitv Multiple-Familv (Residential (RM-10) Residential Planned Unit Development PUD R Commercial Limited (CL) (Limited Industrial (IN) Industrial Planned Unit Development PUD I 10 du/ac 12 du/ac 1.0 FAR 1.0 FAR Sec. 54-2-5.17. - Development Incentives (a) Intent. The intent of the Development Incentives is to encourage the development and redevelopment of properties in a more compact urban form that meets the Goals of the Citv's Comprehensive Plan and provides a varietv of public benefits, including affordable housing. (1) An applicant may obtain the maximum allowable residential densities and nonresidential intensities for development proiects utilizing the development incentives. The allocated allowable maximum densitv shall be determined as indicated in the following table: Table 54-2-5.17.1 Affordable Housing Units Public Benefit Infrastructure Additional increase in densitv of units of 10% Additional increase in densitv of units of up to 10% provided a minimum of 30 percent of the may be allowed in accordance with subsection 54- designated units meet criteria defined in 2-5.17.(a)5 of this chapter based on a subsection 54-2-5.17.(b) of this chapter determination of proportionate public benefit. (2) Applicants intending to obtain a densitv increase via Development Incentives must include a development program that includes site -specific details relating the affordable housing units and/or the public benefits to be provided as part of the requirements listed in Article 4 including general locations, design and specifics based on the proposed public benefit(s). (3) Public benefits are understood to be provided that exceed the standards within this Land Development Code, associated technical manuals and similar, and the Level of Service (LOS) as adopted, per the discretion of the Citv. Incentives must be over and above development requirements provided by the Citv or other local, State, and Federal agencies. (4) In addition to the densities acquired via the Development Incentives, additional units may be allowed as provided for in Sec. 54-2-5-16. Transfer of Development Rights. No density transfer or incentive or combination may exceed 20 percent of the maximum allowable densitv standards in accordance with the underlving land use designation. (5) In exchange for increased density, the following provides a list of categories consistent with the Comprehensive Plan by which one or more of the public benefits may be provided: a. Transportation I. Bicvcle and Pedestrian Infrastructure — (i.e. paths, racks, shelters, signs) II. Public Transit Stations - minimum of 1 III. Shared Parking —minimum 10% of required parkins IV. Shared Access, internal/external connectivitv V. Electric Vehicle Charging Stations — minimum of 2 b. Parks and Open Space I. Natural and Conservation Area a. In accordance with Sec. 54-3-11.5(c) with minimum parameters including: five acres or larger, horizontal dimensions no less than fiftv (50) feet, contiguous and determined to be of ecological importance. II. Parks and Open Space, minimum of 1 acre in size III. Greenways, multimodal linear facilities or similar non -vehicular facilities as identified by the Citv, minimum of a 1/4 mile of greenwav or trail, minimum of 10 feet in width. c. Stormwater I. Regional Stormwater Ponds II. Low Impact Development Standards and Best Management Practices a. Permeable Surfaces b. Bioretention Basin/Rain Gardens c. Bioswales/Vegetated Swales d. Enhanced Stormwater Basins e. Green Roofs/Eco-roofs f. Cisterns/Rain Barrels d. Affordable Housing. I. An increase maximum densitv of 10% for providing affordable housing may be granted upon approval of site plan that meets the standards set forth within this section 54-2-5.17.(b) of this chapter. Approval up to the maximum densitv if at least 30% of the projects total units meets the Moderate to Low Income Levels. (b) Affordable housing. Residential developments may receive a density incentive not to exceed twentv (20) percent of the densitv permitted by the applicable underlving land use designation. (1) For the purpose of this section, an affordable dwelling unit shall be a dwelling unit which: a. Has a market value less than two and one-half (2%) times the countv's annual median household income for Indian River Countv as established by the Florida Housing Finance Corporation; or b. Has a monthly rent less than one -twelfth (1/12) times thirtv (30) percent of eighty (80) percent of the countv's annual median household income for Indian River Countv as established by the Florida Housing Finance Corporation. (2) Affordable dwelling units provided in compliance with this section shall comply with the following requirements: a. The affordable dwelling unit shall remain available as an affordable dwelling unit for the following periods: I. Owner -occupied units shall remain affordable dwelling units for a period of not less than twentv (20) vears commencing on the first day following the issuance of a certificate of occupancy, or equivalent final building inspection, for the unit. II. Renter -occupied units shall remain affordable dwelling units for a period of not less than fifteen (15) vears commencing on the first day following the issuance of a certificate of occupancy, or equivalent final building inspection, for the unit; a. Households occuoving an affordable housing rental unit shall be classified as very low, low, or moderate -income households whereby the classification is verified by the Indian River Countv Community Development Department, or its designee or by any state or federal public agency, prior to the household's occupancv of the unit. b. With respect to owner -occupied affordable dwelling units provided under the provisions of the section: I. The owner -occupant's household annual adiusted gross median income may increase without limit following the household's purchase of the affordable dwelling unit; and II. Resale of an affordable dwelling unit by the initial owner or anv subsequent owner shall be subiect to the Consumer Price Index (CPI) increase in value or less as a measure of the market value of the unit. c. For proiects utilizing the provision of affordable dwelling units, no certificate for occupancv for a market rate priced dwelling unit shall be issued unless the ratio of market rate dwelling units certified for occupancv to affordable dwelling units is equal to or greater than the overall proiect's approved ratio of market rate dwelling units to affordable dwelling units. d.Prior to the issuance of a certificate of occupancv for the affordable dwelling unit(s), a separate private deed covenant, entitled a "restriction on transfer," shall be filed in the public records of Indian River Countv. The covenant shall be subiect to review and approval by City staff in order to verifv compliance with the requirements of this section, and the covenant shall: I. Identifv the subiect unit as an affordable dwelling unit and specifv that at no time may the identified unit be utilized as a model home, construction office or other non-residential occupancv use; and II. Identifv the units corresponding fifteen- or twentv-vear affordability timeframe; and III. Identifv that the initial owner and each subsequent owner of an owner - occupied affordable dwelling unit must satisfv and comply with the re- sale provisions. Sec. 54-3-11.12. Coastal High Hazard Area (CHHA). (1) The Coastal High Hazard Area (CHHA) (See Comprehensive Plan Map 1-10) is an area particularly vulnerable to the effects of coastal flooding from tropical storm events and is defined by section 163.3178(2)(h)9, Florida Statutes, as the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model (See Comprehensive Plan Map 5-3). (2) Areas subject to seasonal and periodic flooding and that provide for drainage and stormwater management may be subject to regulation and development standards based on the flooding and sea level rise data provided from the Citv's Coastal Resiliencv Plan, March 2019 and the Citv of Sebastian Comprehensive Plan. (3) The Citv aims to minimize the impact of natural hazards such as flooding and sea level rise to the communitv by directing development awav from the CHHA as defined by State Statute §163.3178(2)(f), F.S, and as referenced in the Citv's Coastal Resiliency Plan and Comprehensive Plan. (4) The use of Transfer of Development Rights (TDRs) shall be encouraged as a tool to move the densitv/intensitv of development from the CHHA area to areas outside of the CHHA.