§ 62-6305. Density bonus for affordable housing.

(a)

Application; eligibility. Developments located within any residential or commercial zoning or future land use category with a density of six units per acre or greater, and with a minimum 30 percent of units designated as affordable housing, or meeting the (AHTC) definition and eligibility requirements, are eligible to apply for a 25 percent density bonus consistent with the criteria in the county comprehensive plan, provided the overall residential development density does not exceed the density in the next highest residential future land use designation.

An application for a density bonus, that does not otherwise require a rezoning or amendment to the comprehensive plan, shall be submitted and evaluated in the same manner as an amendment to the official zoning map, pursuant to the process set forth in section 62-1151. In evaluating the density bonus request, the board shall consider the density and intensity of surrounding land uses and compatibility with neighboring uses in determining the maximum density to allow. A density bonus may be less than the highest density bonus amount permitted by the comprehensive plan and future land use designations.

Developments located in unincorporated Brevard County within any coastal hazard area defined by the comprehensive plan, or on any of the barrier islands, are not eligible for a density bonus under this section.

The 30 percent minimum requirement for affordable, or (AHTC) eligible units, applies to the total number of residential units realized from the calculated density bonus. (Example: 20 units × 1.25 = 25 units. 25 units × .30 = 7 units required as affordable housing.)

(b)

Mixed use commercial and residential. Developments with residential units located on lands within the commercial future land use categories, and business zoning classifications, are eligible for development incentives provided by this section, consistent with the policies in the applicable elements of the county comprehensive plan.

(c)

Density bonus use on site. Density bonuses may be considered only within the development site creating the bonus units.

(d)

Zoning requirements and review criteria for affordable developments exceeding established future land use density. In order to realize additional residential units from a density bonus, up to 25 percent over the maximum density allowed in the future land use categories that allow the use of a density bonus, a rezoning to a planned unit development (PUD) or residential planned unit development (RPUD) zoning classification shall be required. In evaluating the rezoning request and proposed development location, the board shall consider the density and intensity of surrounding land uses and compatibility with neighboring uses in determining the maximum density to allow. This density may be less than the highest density bonus amount permitted by the comprehensive plan and future land use designations. Developments located in unincorporated Brevard County within any coastal hazard area defined by the comprehensive plan, or on any of the barrier islands, are not eligible for a density bonus under this section.

(e)

Location evaluation matrix and needs analysis. In addition to the existing review criteria for PUD and RPUD zoning change applications the following location criteria apply. The areas of rezoning and development should be located in areas serviced by existing transportation and utilities infrastructure, and located near other public facilities, services, employment centers, shopping, active mass transit corridors, day care centers, schools, and health services. A location evaluation matrix and needs analysis form, authorized by the board as a part of these regulations, shall be completed and submitted to determine consistency with the location criteria. Projects scoring at or above the minimum 66th percentile will be eligible to receive a density bonus. A complete application will include the location evaluation matrix and needs analysis forms that meet the minimum scoring requirement at or above the 66th percentile.

In determining the appropriateness of a rezoning the board of county commissioners shall consider all factors associated with the review of a PUD or RPUD development project pursuant to this Code. The board of county commissioners shall also consider the impact of the proposed project on the transportation level of service.

(f)

Density bonus affordability agreement. The applicant shall enter into a land use and deed restriction affordability agreement (LURA) with the county. The agreement shall provide for the number of units which can be built subject to a density bonus and to ensure that the required percentage of units are maintained as affordable units and/or special needs units, for a period of time consistent with the written policies and procedures established by the board of county commissioners. A land trust may be used as a mechanism to retain units as affordable and/or special needs.

(Ord. No. 07-18, § 7, 5-3-07)