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.
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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
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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
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