CPA-14-08: Transfer of Development

RightsLarge Scale Text Amendment

Adoption HearingBoard of County Commissioners

September 23, 2008

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

Work Group Goal Statement

A TDR program should protect the County’s 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

County’s existing programs and policies.

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

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

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

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

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

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

Market-based Process TDR is a Market based process Supply and Demand Can’t 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

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

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

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

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

Proposed Sending Areas – Policy 9.1.2.a&b 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)

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

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

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

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.”

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

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

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

Staff Recommendation Adopt the resolution for CPA 14-08