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HomeMy WebLinkAbout04-21-2022 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, APRIL 21, 2022 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE 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 17'b, 2022 6. LOCAL PLANNING AGENCY (LPA) PUBLIC HEARINGS Chairman opens hearing; • Attorney reads ordinance or resolution or title, if any; Staffpresentation; • Public input; Commissioners closes hearing; Commission deliberation and questions Chairman calls for a motion Commission Action A. REMOVE FROM TABLE Requires a motion to remove it from the table, must be a 2nd, no discussion and must be a majority vote 1. 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.citvofsebastian.ort- 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: htt)s://usO2web.zoom.us/i/86306093274 Or One tap mobile: US:+13017158592„86306093274# or+13126266799„86306093274# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 301 715 8592 or +1 312 626 6799 or +1 929 436 2866 or +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 Webinar ID: 863 0609 3274 International numbers available: httr)s://us02web.zoom.us/u/kXZKeOae 2 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES MARCH 17, 2022 Call to Order -- Chairman Alvarez called the meeting to order at 6:00 p.m. II. Pledoe of Alleaiance was recited by all. III. Roll Call Present: Mr. Lucier Mr. Simmons Ms. Kautenburg Mr. Carter Not Present: Ms. Battles -- Excused Mr. Christino (a) -- Excused Also Present: Ms. Jordan (a) Ms. Kinchen Mr. Alvarez Ms. Lisa Frazier, Community Development Director Mr. Kelley Klepper, Kimley-Horn Ms. Dom Bosworth, Community Development Manager Mr. Manny Anon, Jr., City Attorney Mr. Joseph Perez, AV Technical Assistant Ms. Janet Graham, Technical Writer Dr. Mara Schiff, Indian River County School Board liaison, was not present. IV. Announcements and/or Aaenda Modifications 06 In C J C .0 _ C m $ ¢ C C a. E a. E '" &c ® 60 C> c cc tY) � o v -0 a) •c 0 C 45 a E O O et5 U)N <¢Un Mr. Alvarez announced that at the last City Council meeting, the Council appointed two new members to the Planning and Zoning Commission to fill the vacant spots. He introduced Mr. Stephen Lucier, who is present, and announced that Ms. Sara Battles is the other new member. She is excused from this evening's meeting as well as Mr. Christino, and Ms. Jordan will be voting in Ms. Battle's place. There were no agenda modifications. V. ADDroval of Minutes: Regular Meeting of March 3, 2022 PLANNING AND ZONING COMMISSION&OCAL PLANNING AGENCY PAGE 2 MINUTES OF MARCH 17, 2022 Mr. Alvarez asked if all the Commissioners have had a chance to review the Minutes of the March 3, 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. Simmons, and. approved unanimously via voice vote. Mr. Alvarez closed the Planning and Zoning Commission meeting and opened the Local Planning Agency Hearing VI. New Business 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 Mr. Anon read the item into the record. Mr. Alvarez called on staff to make their presentation. Ms. Frazier reviewed the purpose of this amendment. She stated that it is a new subject and a new regulation, and she emphasized that staff does not want this Commission to feel they have to come to a conclusion this evening. The Commission has the opportunity to table this item for another meeting, date certain, in order to discuss it further. Ms. Frazier introduced Mr. Kelley Klepper with Kimley-Horn and Associates and stated that he is going to help further explain the item. She pointed out the Land Use Elements that are spelled out in the staff Memorandum which is attached to this evening's Agenda (SEE ATTACHED). She reviewed and explained what is contained in the Memorandum beginning with the Transfer of Development Rights. Ms. Jordan asked for an in-depth explanation of the transfer of development rights, and Ms. Frazier explained in great detail what is meant by transfer of development rights. She explained the intent of transfer of development rights. Mr. Klepper also spoke on the density proposals. Ms. Frazier explained Table 54-2-5.16.1. Development Incentives under Sec. 54-2-5.17 were then addressed and explained by Ms. Frazier and Mr. Klepper. After lengthy discussion with questions and comments related to this agenda item, Ms. Frazier emphasized that staff wants to be sure that the Commissioners are in agreement with the public benefits that staff has outlined, i.e. the transportation element, stormwater, parks and open space, etc. These incentives are over and above what the City is required to do in accordance with the City's Code today. Ms. Frazier stated that, if the Commissioners choose to table this item for now, she stated that there will not be a meeting on April 7t' and May 19t', as the PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF MARCH 17, 2022 City Attorney will not be available. Thus, if this item is tabled until a time certain, the next meeting would be April 21 St A motion to make a recommendation to City Council approving the amendment to Ordinance 0-22-06, Land Development Code Amendment with the recommended changes as discussed, was made by Mr. Carter. There being no second, the motion died. A motion tabling the public hearing on Ordinance 0-22-06, Land Development Code Amendment until the meeting on April 21 st was made by Mr. Simmons and seconded by Ms. Kautenburg. Ms. Kinchen -- Yes Ms. Kautenburg -- Yes Mr. Lucier -- Yes Mr. Carter -- No Vote was 6-1 in favor. Motion carries. Mr. Simmons -- Yes Mr. Alvarez -- Yes Ms. Jordan (a) -- Yes Mr. Alvarez closed the Local Planning Agency hearing and reopened the Planning and Zoning Commission meeting. VII. Unfinished Business -- None VIII. Public Inaut -- None IX. New Business X. Commissioners Matters Ms. Kautenburg stated she appreciates all of the hard work by staff and Mr. Klepper that went into this item. She also suggested that, if there is any information from other communities, that would help in clarifying some of the steps in this process. She is also disappointed that there is no public input. XI. Citv Attomev Matters -- None XII. Staff Matters PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF MARCH 17, 2022 Ms. Frazier thanked the Commissioners for the time and work they spend on these matters. XIII. Adiournment There being no further business, the meeting was adjourned at 7:15 p.m. Date: jg 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: April 21, 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 COMPREHENSIVE 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. COS 4-14-2022 1 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 densitv and/or intensitv post transfer. (c) Sending areas: Only lands within the following sending areas (as further described in Article XI of the Land Development Code and the Comprehensive Plan Element 5) shall be eligible to transfer densitv 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, floodplains, 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 densitv 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. — Density Incentives Program. (f) No density 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. COS 4-14-2022 2 Table 54-2-5.16.1 - Future Land Use Map Designations and Compatible Zoning Districts Future Land Use Designation ICorresponding Compatible Zoning (Districts Medium Densitv Residential MDR Riverfront Mixed Use (RMU) Mixed Use (MU) Medium Densitv Multiple-Familv (Residential (RM-10) (Residential Planned Unit Development PUD R 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 Maximum Densitv Maximum Intensity (units per gross acre) with incentives 12 du/ac 10 du/ac 12 du/ac (floor area ratio) with incentives N/A 1.0 FAR 1.0 FAR COS 4-14-2022 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. (b) Development incentives table. 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 Or: A. Additional increase in densitv of units of 20% provided a minimum of 30 percent of the designated units meet criteria defined in subsection 54-2-5.17.(g) of this chapter B. Additional increase in density of units of 10% provided a minimum of 15 percent of the designated units meet criteria defined in subsection 54-2-5.17.(g) of this chapter Public Benefit Infrastructure Additional increase in densitv of units of up to 20% may be allowed in accordance with subsection 54-2-5.17(f) of this chapter based on a determination of proportionate public benefit as may be approved by the Citv as part of an Alternative Public Benefit Infrastructure Plan. (c) Required development vroaram. 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). (d) In addition to development standards. 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. Public benefits are measured by the benefit afforded the developed community, in line with the communitv character, and as depicted by the proposed development. (e) Transfer of development rights. 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 densitv transfer or incentive or combination may exceed 20 percent of the maximum allowable densitv standards in accordance with the underlving land use designation per Table 54-2-5.16.1. COS 4 2022 1 (f) Public benefit infrastructure standards. In exchange for increased density, the following provides a list of categories consistent with the Comprehensive Plan, but not exhaustive in content, by which one or more of the public benefits may be provided on -site or off -site if approved by the Citv as part of an Alternative Public Benefits Infrastructure Plan. a. Transportation: I. Bicvcle Infrastructure — (i.e. secured racks, covered bicvcle storage areas or similar) II. Public Transit Stations III. Shared Parking IV. Shared Access, internal/external connectivitv V. Electric Vehicle Charging Stations b. Parks and Open Space I. Natural and Conservation Area: In accordance with Sec. 54-3-11.5(c) and 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: community parks, pocket parks, recreation fields and similar. Features not eligible for densitv credit includes stormwater features or similar, parking lots/spaces provided to serve the open space, public infrastructure including lift stations, roads/rights-of-wav or similar. III. Greenways, multimodal linear facilities or similar non -vehicular facilities: minimum of a 1/4 mile of greenwav or trail including stabilized surface, minimum of 10 feet in width. c. Stormwater — Residential development only. I. Low Impact Development Standards and Best Management Practices a. Permeable Surfaces/reduction in impervious area b. Bioretention Basin/Rain Gardens c. Bioswales/Vegetated Swales d. Enhanced Stormwater Basins e. Green Roofs/Eco-roofs f. Cisterns/Rain Barrels g. Increased natural vegetation/decreased sod (g) Affordable housing standards. Residential developments may receive a densitv incentive not to exceed twentv (20) percent of the density 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. COS 4 2022 2 (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 Communitv Development Department or its designee or by any state or federal public agencv, 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 subject 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 occupancy 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 twenty-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. COS 4 2022 3 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. 1 [ els- AW40N,