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Currently, the term "public benefit" is not defined in the County LDRs, and the only direct reference to public <br />benefit is listed in Section 902.04 as follows, "enhanced development features or improvements that provide <br />public benefits that are proportionate to the degree of exception or variation requested." <br />Recommendation: Staff recommends that the current LDRs be amended to include a written definition for the <br />term "public benefit." <br />While each PD project has been approved via a separate PD plan approval that is specific to each project, staff <br />has identified the below -referenced list of some of the most commonly acceptable public benefits that have <br />been approved over the past ±35 years. This list is not exhaustive but is provided as guidance for a larger <br />discussion on public benefits: <br />a. Right-of-way (ROW) dedication, over and above the minimum required ROW width, without compensation; <br />b. Acceptance of off-site stormwater into the project's stormwater system; <br />c. Off-site traffic improvements that exceed required improvements (e.g. turn lane, traffic signal); <br />d. Extension of off-site sidewalks beyond required sidewalk improvements; <br />e. Conservation/set-aside of all or most of a project site's on-site natural features (e.g. wetlands, native uplands, <br />Florida scrub jay habitat, Bald eagle's nest, etc.) over -and -above minimum requirements; <br />f. Dedication of land for a public purpose (e.g. a park, public school, fire station); <br />g. Upsizing of off-site Utilities improvements (e.g. water main, sanitary sewer main); <br />h. Enhanced stormwater treatment for project sites near the Indian River Lagoon; <br />i. Provision of a transit stop with a shelter; and <br />j. Provision of public access to project improvements on a limited basis (e.g. public access to a town square or <br />amphitheater during special events or concerts). <br />Staff is also providing a list of items or project features that have historically not been considered public <br />benefits: <br />a. Enhanced amenities within the project that are not accessible to the public; <br />b. General statements like "increased tax base" or "nicer homes" in the area; <br />c. Enhanced project signage and/or entry features; <br />d. Smaller lots equal less yard to maintain or community -wide maintenance programs; and <br />e. Limiting homes to one-story (sometimes this item is considered as a compatibility measure, <br />but not a public benefit). <br />Lastly, staff is providing a list of items or project features that are considered a "marginal" public benefit or <br />land somewhere in the "gray" area: <br />a. Significantly increased open space within a project, but not available to the public; <br />b. ROW dedication, over and above the minimum required ROW width, but offset by density credits and/or <br />traffic impact fee credits; <br />c. Off-site traffic improvements that are required for a specific project, but also provide significant additional <br />capacity for the surrounding area; <br />d. Reduced density when compared to the project site's underlying zoning or future land use designation; <br />e. A project feature that only benefits one or two nearby property owners (e.g. enhanced access through the <br />project or allowing those properties to connect to the project's water or sewer improvements). <br />Recommendation: Staff recommends that the BCC and the PZC consider providing policy direction or actual <br />Indian River County, Florida Page 2 of 5 Printed on 10/17/2025 <br />powered IV LegistarT'" <br />