§ 12.03.00. Clustered development and density transfer.

To alleviate any hardship caused by development restrictions on the use of environmentally sensitive areas, the clustering of residential or commercial development within the non-sensitive portions of the project site shall be permitted if other provisions imposed by this Code, adopted ordinances or Florida Statutes are otherwise met by the proposed development. Density and intensity of development shall be applied under the provisions of any approved residential, commercial or PUD land use classification.

A.

Clustered development. If the site of proposed development encompasses environmentally sensitive areas, the density and intensity of dwellings or commercial units may be authorized to a level that would be permitted for the total square footage of the area including restricted portions.

1.

Such development must be clustered only on non-sensitive portions of the development site.

2.

If it is determined during the review of development applications that the parcel proposed for development reflects unique or unusual circumstances, or that development of the parcel at the maximum density would affect surrounding land uses in a manner contrary to the public health, safety and welfare, or would be inconsistent with the comprehensive plan, the local planning agency may recommend that the density or intensity of development rights be capped at a specific level. In such case, the town council shall be provided findings of fact on which the restriction is based and any mitigating recommendations that would make the parcel eligible for maximum density and intensity potential. In making a final decision in such cases, the town council shall have full latitude to prescribe limited use of the property or density transfer ratios if a one-for-one transfer cannot be accomplished.

(LDC Ord. of 1-9-2014)