CPA1408: Transfer of Development Rights

1
CPA-14-08 Transfer of Development Rights

• Large Scale Text Amendment
• Transmittal Hearing
• Board of County Commissioners
• May 13, 2008

2
Presentation Overview

• Summary of the process
• Overview of the TDR concept
• Overview of the proposed Policy language
• Staff recommendation for action

3
Work Group Goal Statement

• A TDR program should protect the Countys
  environmental resources and promote viable
  agriculture and the rural landscape while
  encouraging efficient use of services and
  infrastructure by concentrating development in
  more suitable areas of the County. Such a
  program should also complement the Countys
  existing programs and policies.

4
Chronology

• Comprehensive Plan framework for TDR program
• May 29, 2007 Board direction to develop the TDR
  program
• Six Stakeholder workshops (July-January)
• November 15, 2007 Draft TDR Report
• January 10, 2008 Draft staff recommendation
  (and stakeholder mtg.)
• January 31, 2008 Final TDR Report presented to
  BOCC
• April 16 Approved by Planning Commission 7-0

5
Board Recommendation

• Prepare Comprehensive Plan policy language that
  implements TDR Program, including
• Requirement for purchase of rights to expand
  Urban Cluster
• Allows transfer of rights into Urban Cluster
• Allows transfer of rights into municipalities
• Designates agricultural and conservation sending
  areas
• Development of County-sponsored Development
  Rights Registry
• Development of a list of incentives for
  participation
• Clear definition of residual densities language
  requiring clustering of units to least sensitive
  portion of the sending area

6
Amended Policies

• Future Land Use Element
• Clarification of Ag uses in Policy 6.2 removal
  of current TDR language
• Proposing Policy 7.1.3.e requiring purchase of
  rights to expand Urban Cluster
• Proposing Section 9.0 Transfer of Development
  Rights Program
• Proposing definitions for outdoor recreation and
  resource-based recreation
• Conservation Open Space Element
• Proposing Policy 5.2.6 allowing reduction of open
  space through TDR program
• Intergovernmental Coordination
• Proposing Policy 1.8 to encourage participation
  of municipalities in TDR program

7
Transfer of Development Rights (TDR)

• Land conservation tool
• Establish sending and receiving areas
• Landowners in sending areas receive development
  rights credits for not developing their land
• Landowners in receiving areas may purchase the
  rights to increase density or some other
  regulatory advantage
• Market-based transactions
• Voluntary participation in most programs
• Public financing in some programs

8
Examples from other areas and studies

• Montgomery County, Maryland
• Established in 1980 to protect farmland
• New Jersey Pinelands
• State regional program
• Studies
• TDRs and other Market-based Land Mechanisms
  Brookings June 2004
• TDRs Turns 40, Pruetz, June 2007
• All are unique to local conditions

9
What is an effective program?

• Measures may include
• Number of transactions
• Acres set aside
• Affect on other actions
• Limitation on expansion of the Urban Cluster
  Boundary
• Promoting compact designs in appropriate areas

10
Market-based Process

• TDR is a Market based process
• Supply and Demand
• Cant sell something that is underutilized
• Example if the current FLU allows 4 units per
  acre, and sites are being developed at 3 units
  per acre, there is no demand
• In Alachua County, requests for increased density
  are rare

11
Market (continued)

• Selling price must be high enough to satisfy the
  expectations of the owner
• Value to the purchaser must be greater than the
  purchase price
• Price of purchased rights must be greater than
  the value to the seller to effect a transaction

12
Market (continued)

• In areas where density is encouraged, charging
  for a development right conflicts with that goal
• Must be limits on sending areas so the market is
  not over-supplied
• Market prices of development rights will fluctuate

13
TDR Land Conservation Tool

• One of several land conservation tools
• Comprehensive Plan land use policies
• Land acquisition
• Cluster development
• Urban Cluster Boundary
• Strategic Ecosystems
• Conservation easements
• Land Development Regulations

14
Alachua County Context

• Over allocated density in rural area
• Urban Cluster Boundary
• Strategic ecosystems
• Wetland protection
• Encourage mixed use and higher density
• Limited demand for additional density in urban
  area
• Transportation limitations on major roads
• Regulatory framework, Comp Plan and LDRs

15
Proposed Sending Areas Policy 9.1.2.ab

• Environmentally sensitive areas
• Strategic Ecosystems
• Properties on ACF Acquisition List
• Agricultural lands
• Properties receiving Ag Classification from
  Property Appraiser
• Minimum 160 acres (1/4 Section)

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Proposed Sending areas (cont.)

• Exception to 160 acre threshold
• Properties contiguous to Preservation area or
  other designated sending area
• Properties determined by County to be of
  exceptional agricultural/conservation value
• No property smaller than 40 acres

17
Calculation of Development Rights Policy 9.1.2.c

• Equal to lesser of the following (minus residual
  units)
• Residential units otherwise allowed
• of upland acres
• Bonus units as incentive
• 2 additional development rights
• 1 right per 10 acres of Conservation area
• 1 right per 20 acres of non-Conservation area

18
Residual Uses Policy 9.1.2.d

• Agriculture Sending Areas
• Up to 1 unit/40 acres
• Continuation of ag uses consistent with State
  adopted BMPs
• Conservation Sending Areas
• Includes Ag properties with Conservation areas on
  site
• Up to 1 unit/200 acres
• Higher densities up to 1/40 where sufficient
  protection is demonstrated
• Based on what is necessary to protect integrity
  of system and clustered if necessary
• Continuation of ag uses consistent with State
  adopted BMPs

19
Residual Uses (cont.) Policy 9.1.2.d.2.d

• Clustering of residual density away from
  sensitive portions of the property
• Residual units shall be developed in a clustered
  pattern, when necessary, to protect the integrity
  of the environmental resources on and adjacent to
  the site.

20
Proposed Receiving Areas Policy 9.1.3

• Outside Urban Cluster
• Requires any proposed amendment to expand Urban
  Cluster to purchase development rights
• Regulatory Relief
• Reduction of required open space for
  nonresidential projects
• Number of development rights per acre of open
  space to be determined in LDRs
• In Municipalities
• All must have willing buyers for transactions to
  occur

21
Program Administration

• County-maintained Registry
• Sending properties must record easement and
  commit to County-sponsored rezoning
• County reviews proposed sites, monitors
  transactions and verifies Conservation Easements
• Market sets the price of a development right

22
Types of Transactions

• Open Space exchange for TDR credits
• Through the DRC process
• Expansion of Cluster
• By way of a large scale CPA
• Municipalities
• Will vary depending on the goals of the City

23
Staff Recommendation

• Approve CPA 14-08 for transmittal to Department
  of Community Affairs