CPA-14-08: Transfer of Development Rights Large Scale Text Amendment Adoption Hearing Board 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 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 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 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 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 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 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  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