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HomeMy WebLinkAbout03-07-2006 Proposed TVC Workshop MARCH 7, 2006 9:00 A.M. BOARD OF COUNTY COMMISSIONERS WORKSHOP ON THE PROPOSED TVC ELEMENT: TRANSFER OF DEVELOPMENT -- ...._--. '....,....,...... .... . .......... ................. -y- ^. ~ . '" . . .. . ~ AGENDA I. CALL TO ORDER COMMISSIONER DOUG COWARD, CHAIRMAN, BOARD OF COUNTY COMMISSIONERS II. OVERVIEW OF THE PROPOSED TVC ELEMENT: TRANSFER OF DEVELOPMENT RIGHTS (TDR) OVERLAY ORDINANCE BY THE TREASURE COAST REGIONAL PLANNING COUNCIL III. QUESTIONS AND COMMENTS IV. PUBLIC COMMENT V. ADJOURNMENT ST. LUCIE COUNTY COMMISSION CHAMBERS 2300 VIRGINIA AVENUE, FORT PIERCE FLORIDA 34982 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. .. íD) œ©.re1!wm~ ßî FEe z 1 2006 -. - ~ COUNTY ADMINISTRATION STRATEGY & SPECIAL PROJECTS MEMORANDUM TO: Board of County Commissioners Doug Anderson, County Administrator FROM: Michael Brillha;1øStrategy & Special Projects Director February 22, 2006 DATE: RE: Proposed Transfer of Development Rights Overlay Ordinance for the North County TVC Area Staff from the Treasure Coast Regional Planning Council (TCRPC), together with their North County Charrette consulting team, have prepared a draft Transfer of Development Rights (TOR) Overlay Ordinance (see Attached). The purpose of this Ordinance is to establish procedures by which transferable development rights are granted, conveyed, applied, and recorded within the North County - Towns, Villages and the Countryside (TVC) Element area. TCRPC staff and their consultant, Dr. Tom Daniels, will present their findings and recommendations on establishing a Transfer of Development Rights program for the TVC area at the March ih SOCC Workshop. Planning Council staff will also present this draft Ordinance to the County's TOR Ad Hoc Advisory Committee at their next meeting tentatively scheduled for Friday, March 3rd at 1 :00 p.m... Cc: Ray Wazny, Assistant County Administrator Faye Outlaw, Assistant County Administrator Dan Mcintyre, County Attorney Bob Nix, Growth Management Director :~~§lel Brillhart -1 TOR OVERLAY ORDINANCE ST LUCIE COUNTY 2.doc Pa e 1 DRAFT ST. LUCIE COUNTY TOWNS, VILLAGES, AND COUNTRYSIDE ORDINANCE Section 1. PURPOSE. 1. In accordance with Florida State law and Sections _ of the S1. Lucie County Zoning ordinance, this section establishes procedures by which transferable development rights are granted, conveyed, applied, and recorded, in the preservation ofthe County's valuable agricultural land, open space, environmental quality, and economy. 2. The Towns, Villages, and Countryside Land Development Regulations Overlay Ordinance (hereafter the Overlay) serves to implement the principles set forth in the Towns, Villages, and Countryside Element of the S1. Lucie County Comprehensive Plan. The planning approach outlined in this Element promotes more efficient, predictable, and sustainable patterns of development, where new development occurs in mixed-use Towns and Villages that reduce automobile dependency and provide greater opportunities for transit use, walking, and biking. The Town and Village developments also protect and enhance the natural environment, maintain agricultural land, and improve the citizens' quality of life. In addition, this Overlay Ordinance preserves and enhances existing private property rights while providing incentive-based options to landowners. SECTION 2. GRANTING TRANSFERABLE DEVELOPMENT DENSITY WITH THE TOWNS. VILLAGES. AND COUNTRYSIDE AREA. 1. The location and boundaries of the Towns, Villages, and Countryside (TVC) IVIIt:~ael Brillhart - 1 TDR UVI:::KLA Y UKUINANGt: ::¡ I LUGIt: L,;UUN I Y ¿ .coc t"'ë:I t:: ¿, Area are shown on page 3-4 (Figure 2) of the TVC Element of the St. Lucie County Comprehensive Plan. Except as noted below, every parcel within the TVC Area outside of the Urban Service Boundary, on the effective date of this Ordinance, is granted one (1) transferable development density unit (TDD) for each gross acre contained therein, excepting one acre of the curtilage around any existing house. Except as noted below, parcels within the TVC Area inside the Urban Service Boundary are granted transferable development density equal to the number of dwelling units allowed per acre in the underlying transferable development value map as shown on page 3-5 (Figure 3-3) of the TVC Element ofthe St. Lucie County Comprehensive Plan for each gross acre contained therein, minus one transferable development density unit per every existing dwelling unit. Density increases not associated with the transfer of development rights program, such as through re-zoning, are not permitted within the TVC. 2. Transferable development density rights are not granted to: a. Tracts of land or portions thereof owned by or subject to easements (including, but not limited to, easements of roads, rights-of-way, railroads, electrical transmission lines, telephone lines, and water, sewer, gas or petroleum pipelines) in favor of governmental agencies, utilities, and non-profit corporations; and/or b. Land restricted from development by covenant, easement, or deed restriction, unless and until such time as said covenant, easement, or restriction is dissolved or rescinded. 2 IVIICr\ael t:1nllnan: - 1 I U~ UVt:~LJ-\ y U~UII\ "'I\ \",t: ;:) I L.U\",II::: \"'UUI'II' ¿, .UUI" I CI co '"" Section 3. OBLIGATION OF LANDOWNER TO CONYER TRANSFERABLE DEVELOPMENT DENSITY. 1. The conveyance of Transferable Density occurs solely on a voluntary basis. Landowners are in no way compelled to convey their Transferable Density. If conveyances occur, they must be done according to Section 5 of this Ordinance. Unconveyed Transferable Density may be transferred with land sold, donated, or bequeathed. 2. Transferable Development Rights Credits (hereon TDR Credits) are created when the unused Transferable Density of a property receives a multiplier. One credit may be eligible to secure one additional dwelling unit of density when applied to a qualified development. 3. TDR Credits that are not applied in a built project within 20 years of their creation, shall sunset in value and shall no longer be available for use in any development. SECTION 4. THE TDR SENDING AREA. 1. The area from which TDR Credits may be transferred is designated as the sending area. Sending area sites that may participate in the TDR program are sites located within the North St. Lucie County Special Area Plan (SAP) as on page 3-3 (Figure 3-1) of the St. Lucie County Comprehensive Plan, identified as desirable for conservation based on the existing natural habitat, agricultural use, location, or historic status. The following areas may participate in the TDR program: 3 Mich'ael Brillhart - 1 TOR OVE:KLAY UKUINANL.;I::::i I LUL.;It: L.;UUN I Y L .aoc t"'ä ~ '+ a. Areas permanently set aside for countryside; b. Parcels located outside the Urban Service Boundary that do not meet minimum size criteria for development in the form of a town or a village; c. Agricultural uses. d. Parcels that propose to develop in accordance with Policy 3.1.2.6(5) of the TVC Element of the S1. Lucie County Comprehensive Plan; e. Native habitat or environmentally significant land; f. Areas containing sites of archaeological or historic significance; g. Land used for higher education or targeted industry. 2. The TVC covers two distinct areas: lands outside of the Urban Service Boundary, and lands within the Urban Service Boundary. Transferable Development Credits may be sent from one property to another within the portion of the TVC Area that is outside of the Urban Service Boundary or from a property in the TVC Area that is outside of the Urban Service Boundary to a property in the TVC Area within the Urban Service Boundary. Transferable Development Credits may be sent from one property to another within the TVC Area inside the Urban Service Boundary. Transferable Development Credits may not be sent from a property within the Urban Service Boundary to a property outside of the Urban Service Boundary, unless the parcel inside the Urban Service Boundary is contiguous (Le. two sides are adjacent for at least one-quarter mile) to the parcel outside the Urban Service Boundary. Transferable Density may be sent from sites designated by the County as Environmentally Significant that are located within the Urban Service Boundary to receiving sites located outside ofthe Urban Service Boundary. 4 , Mictìael Brillhart -1 TOR OVERLAY ORDINANCE ST LUCIE COUNTY 2.doc I-'a e b 2. In addition, the following limitations apply: a. Landowners who own less than 500 acres may not use TDR Credits they own or acquire to develop their property at a higher density than that allowed in the underlying base zone, unless such landowners enter into an agreement with adjoining landowners to develop 500 or more acres into a Town or Village as defined under this ordinance. b. Landowners who own less than 500 acres may sell some or all of their Transferable Density as TDR Credits to another landowner in the TVC, provided that the TDR Credits, unless associated with Environmentally Significant lands, are not transferred from property inside the Urban Service Boundary to a property outside the Urban Service Boundary; c. Landowners who own less than 500 acres may subdivide the property into individual homesteads equal to or less than the number permitted by the underlying base zone. d. Landowners who own less than 500 acres may transfer a minimum of 90 percent of their total Transferable Density to an eligible receiving site within the TVC Area, provided that the Transferable Density, unless associated with Environmentally Significant lands, is not transferred from property inside the Urban Service Boundary to a property outside the Urban Service Boundary. In return, the property may then be subdivided into individual home sites up to ten (10) percent of the transferable density (as defined in the TVC Element of the St. Lucie Comprehensive Plan. Such home sites are eligible to receive urban services at the property owner's 5 Mlct1ael ~nllhart - 1 I UK UVt::KLAY UKUINANL;t:: ~ I LUL;It:: L;UUN I Y ;¿ .dOC 1-'8 eÖ expense. e. Landowners who own 500 or more acres in the TVC Area may not subdivide their property into individual homes with densities and intensities equal to or less than the number permitted by the Transferable Density. f. Landowners who own 500 or more acres in the TVC Area may use their transferable development rights to increase permitted density to create a Village or Town, as defined in this ordinance, on land they own within the TVC Area. g. Subdividing parcels of 500 or more acres in the sending area for the express purpose of avoiding the regulations of the TVC zone are prohibited. SECTION 5. THE USE OF TRANSFERABLE DEVELOPMENT RIGHT CREDITS (TDR CREDITS) WITH PROPERTY WITHIN THE RECEMNG AREA TO INCREASE PERMITTED DENSITY. 1. The area to which TDR Credits may be transferred is designated as the receiving area, and is defined as the TVC Area shown on page 3-27 (Figure 3-12) of the TVC Element of the St. Lucie County Comprehensive Plan. TDR Credits may only be used to increase permitted density in designated receiving areas within: (I) The TVC Area outside of the Urban Service Boundary, or (2) The TVC Area inside the Urban Service Boundary within a Special Area Plan. Appropriate receiving sites for North St. Lucie County are located within the SAP and include the following: a. Sites located inside the Urban Service Boundary that are designated on the North St. Lucie County TDR Receiving Sites Map (Figure 3-12), or 6 Mlchi3ell:lnllhart - 1 I UK UVt:KLA Y UKUINANIIt: ~ I LU\."It: \."UUI'I I Y ¿ .aoc rod t::: I b. Sites located inside the Urban Service Boundary with a future land use designation of TVC, or c. Sites located outside the Urban Service Boundary greater than 500 acres in size that propose to build a Town or a Village, or d. The net developable area of a Town or a Village. 2. The lands in the TVC Area outside of the Urban Service Boundary may not receive TDR Credits ftom lands in the TVC Area inside the Urban Service Boundary, except ftom lands designated as Environmentally Significant by the County. a. Landowners who own 500 or more contiguous acres in the TVC zone may act as both transferor and transferee of the TDR Credits. That is, a landowner may apply TDR Credits he/she owns toward developing a Town or Village on 500 or more acres that he/she owns. b. If any landowner who owns 500 or more acres in the TVC Area requests a density of greater than one dwelling unit per acre, the increased density shall only be realized through the use of landowners transferable TDR Credits owned by the landowner and any additional TDR Credits acquired by the landowner. c. A landowner who owns 500 or more acres in the TVC Area may develop his/her property and needs to achieve the minimum density requirements for a Town or a Village, may do so only through the use ofTDR Credits. If a landowner completes such a development and owns remaining TDR Credits, such Credits can only be transferred to a different Town or Village at a rate of 50 percent, or may remain as 7 ! M Icn'ael Ij nil na rt - 1.1...ld.t:<:..S¿.Yt:;:,.~.~~r..~.'!IdJ.~,t'!~.~.!::.,:::?l.~!:.~.~JS.w\.JU '::!2~.!"..T~,1~)<L~~.~,«",,<",.<.«,,~<,~<_,w,,~,«._..,<.<~. """" .·",!:~~~«~,<m available density for future development or redevelopment or redevelopment within said Town or Village. d. Landowners who own less than 500 acres in the TVC Area may consolidate their landholdings through a pooling agreement to create a parcel of at least 500 contiguous acres. e. Landowners who own less than 500 acres in the TVC Area may develop their land at the density allowed in the Transferable Development Value map as shown on page 3-5 (Figure 3-3) of the TVC Element ofthe St. Lucie County Comprehensive Plan, and shall not be required to acquire TDR Credits. 3. Calculation ofTDR Credits The number of TOR Credits that a landowner can transfer ÍÌ'om an eligible sending site to an eligible receiving site is calculated by multiplying the acreage of the sending site and the dwelling units per acre allowed in Transferable Density Value Map (page 3-5 (Figure 3-5) of the TVC Element of the St. Lucie County Comprehensive Plan, then subtracting the number of existing dwellings on the site and multiplying by the corresponding factor as designated in Table 3-4 (page 3-28) to yield the total number of TDR Credits. The appropriate sending area and use in the receiving area shown in Table 5-1 below indicate the multiplier that is used to define the allowable number of TDR Credits that will be transferred to the receiving area. Only one multiplier can be applied to the allowable base Transferable Density. For parcels that have more than one transfer condition as described in Table 5-1, different portions of the sending site may be assigned different 8 I. Mi.c;.hê.E:!.I.......ê!il..lb.c;¡..Œ..~...~...IP.B.Q'!~_B~~ÔY"...Q.B.ºJ ~ð"~fs§I,g¿ºJg,ºº"ldJ:ŒYg);,9g<?"'w. 'Wr·'··,·:·"_x<""..,_·,»·»;,.",~,,,, .. , Pag~9 ~ multipliers. The resulting TDR Credits shall be added together to compute the total TDR Credits for the sending site. Table 5-1. North St Lucie Countv Credit Matrix (from TVC Element of the St. Lucie Countv Comprehensive Plan. pal!e 3-28. Table 3-4). Transfer Condition Multiplier From Countryside in a Village located Outside the Urban 1.25 Service Boundary to an Eligible Receiving Site located Outside the Urban Service Boundarv. From Countryside in a Town located Outside the Urban Service 1.5 Boundary to an Eligible Receiving Site located Outside the Urban Service Boundarv. From Countryside located Inside the Urban Service Boundary 1.75 to an Eligible Receiving Site located Inside the Urban Service Boundarv. From Countryside of a Town located on Contiguous Property 1.75 both Inside and Outside of the Urban Service Boundary to the Net Develooable Area. From Countryside Outside the Urban Service Boundary to an ~ Eligible Receiving Site Inside the Urban Service Boundary. From a Parcel Less than 500 acres in size Outside the Urban ~ Service Boundary to an Eligible Receiving Site. From Targeted Industry Site to an Eligible Receiving Site. 2.5 From Higher Education Site to an Eligible Receiving Site. 2.5 From Facilities provided in connection with the St. Lucie 2.5 County Agricultural Research and Education Park to an Eligible ReceivinQ: Site. From Created Habitat In the Countryside to an Eligible 2.5 ReceivinQ: Site. 9 [ Michael Brillhart - 1 TOR OVERLAY ORDINANCE ST LUCIE COUNTY 2 .doc ,....... . pa e 10 From Environmentally Significant Land to an Eligible 2.5 Receiving: Site. From CountrYside to a Workforce Housing Unit 2.5 2. When the transferee has acquired TDR Credits for use within a TVC receiving area, the following shall apply (see Table 5-1): a. Within the TVC Area outside of the Urban Service Boundary, on a parcel that will create Countryside in conjunction with the development of a Village, for each unit of Transferable Density that is approved for conveyance, the transferee is entitled an increase of .25 credits. Once TDR Credits are created, an additional multiplier shall not be applied to yield additional credits. b. Within the TVC Area outside of the Urban Service Boundary, on a parcel that will create Countryside in conjunction with a Town development, for each unit of Transferable Density that is approved for conveyance, the transferee is entitled an increase of.5 credits. Once TDR Credits are created, an additional multiplier shall not be applied to yield additional credits. c. Within the TVC Area located on contiguous property both inside and outside of the Urban Service Boundary, on a parcel that will create Countryside in conjunction with a Town development, for each unit of Transferable Density that is approved for conveyance, the transferee is entitled an increase of .75 credits. Once TDR Credits are created, an additional multiplier shall not be applied to yield additional credits. d. Within the TVC Area inside the Urban Service Boundary, on a parcel that will create Countryside in conjunction with either a Village or Town development, for each unit 10 Mich'êE3I..l3.ri.l.I.hª.rt - 1 TOR OVE:.RLA Y UKUINANL;I: ~ I LUL,;II: L,;UUN I Y L .aoc of Transferable Density that is approved for conveyance, the transferee is entitled an increase of one (1) credit. Once TDR Credits are created, an additional multiplier shall not , , i be applied to yield additional credits. e. Within the TVC Area outside of the Urban Service Boundary, on a parcel that is less than 500 acres in size and that the landowner is willing to utilize the TDR program to transfer a minimum of 90 percent of the density of the Transferable Density to an eligible receiving site within the TVC Area, for each unit of Transferable Density that is approved for conveyance, the transferee is entitled an increase of one (1) credit (See Table 3-5, page 3- 29 of the TVC Element of the St. Lucie County Comprehensive Plan). Once TDR Credits are created, an additional multiplier shall not be applied to yield additional credits. Example A: A parcel located outside of the Urban Service Boundary, twenty acres in size, from which the landowner proposes to transfer credits, receives a multiplier of 2 for a transfer to another site also located outside of the Urban Service Boundary. TDR Credits are calculated as follows: Table 5-2: Example A. Parcel Size 20 acres Transferable Development Value 1 dulac. (from TDV Map) Number of Existing Units 1 Transferable Density 20 ac. x I du./ac. - 1 duo = 19 duo Multiplier 2 Calculation ofTDR Credits 19 duo X 2 = 38 credits 11 I Mich'ael Brillhart -1 TOR OVERLAY ORDINANCE ST LUCIE COUNI Y ¿ .dOc t"'a elL f. Within the TVC Area outside of the Urban Service Boundary, on a parcel that will create a Village or a Town, for each unit of Transferable Density approved for conveyance that will create a dwelling unit of Affordable or Workforce Housing, the transferee is entitled an increase of an additional 1.5 credits. The number of Workforce Housing units is subtracted from the number of units Transferable Density in the area set aside as Countryside. This figure is then multiplied by 1.25 to yield the number of TDR Credits that may be transferred from the Countryside to the Net Developable Area of the Village. The number of dwelling units of Workforce Housing is then multiplied by 2.5 to yield the number of TDR Credit that may be built in the Net Developable Area of the Village. The TDR Credits resulting from the Countryside Workforce Housing and the permitted density, as established in the Transferable Density Value Map of the Net Developable Area, shall be added together to produce the total number of available dwelling units (See Tables 5-3 and 5-4 below from Table 3-6, page 3-30, and Table 3-7, page 3-31 of the TVC Element of the St. Lucie County Comprehensive Plan). Once TDR Credits are created, an additional multiplier shall not be applied to yield additional credits. Example B: A parcel located outside of the Urban Service Boundary, 500 acres in size, on which the landowner proposes to build a new development (Village) is required to build a minimum of 625 units, with a minimum of 8% of the total units as Workforce Housing. Transferable Density moved from the Countryside for use as Workforce Housing receives a multiplier of 2.5 and the remaining land set aside for the Countryside receives a multiplier of 1.25. The TDR Credits and total dwelling units for the Village are calculated as follows: ¡ MicHael Brillhart - 1 TOR OVERLAY ORDINANCE ST LUCIE COUNTY 2.doc I~"_,_" I-'a e 13 Table 5-3. Example B: Transferable Development Rights Transferred within a Parcel of 500 acres in the TVC Zone, Outside of the Urban Service Boundary. Parcel Size 500 acres Net Developable Area 125 acres Minimum Number of Units Required 625 dwelling units Minimum Countryside Required 300 acres Countryside Provided 375 acres Minimum Workforce Units Required 50 dwelling units Workforce Dwelling: Units Proposed 53 dwelling units Density of Underlying Base Zone 1 dwelling unit per acre Transferable Development Rights 375 acres x 1 dwelling unit per acre = 375 dwelling units Multiplier for Workforce Dwelling Units 2.5 Multiplier for Countryside 1.25 Calculation of Transferable Development 53 dwelling units x 2.5 = 132.5 or Rights for Workforce Units 133 dwelling: units Calculation of Transferable Development 375 dwelling units - 53 Workforce Rights for Countryside dwelling units = 322 dwelling units 322 dwelling units x 1.25 = 402.5 or 403 dwelling units Dwelling units III base zone of Net 125 acres at one dwelling unit per acre = Developable Area 125 dwelling: units Total Dwelling Units Permitted in Village 133 dwelling units + 403 dwelling units = 661 dwelling units Example C. The owner of a 1,000 acre parcel located outside of the Urban Service Boundary, on which the owner proposes to build a new Town development. At least 60 percent of the site must be set aside as Countryside. The net development density must result in at least 2,000 dwelling units, and at least 160 units (8 percent) must be Workforce Housing units. Transferable development rights moved from the Countryside for use as 13 IVllcn-ael Önllnar¡- I I Ut'Ç, UVt:.t'Ç,LJ-\T Ut'Ç,UII'IIJ-\I'IIIJt:. V I L.UIJIt:.IJUUI'III I ¿. .UUI,,; rCl C 1"1' Workforce Housing receives a multiplier of 2.5. The remaining land set aside for Countryside receives a multiplier of 1.25. The transferable development rights and total dwelling units for the Village are shown in Table 5-4. Table 5-4. Transferable Development Rights Transferred within a Parcel of 1.000 acres in the TVC Zone. Outside of the Urban Service Boundary. Parcel Size 1,000 acres Net Developable Area 400 acres Minimum Number of Units Required 2,000 dwelling units Minimum Countryside Required 600 acres Countryside Provided 600 acres Minimum Workforce Units Required 160 dwelling units Workforce Dwelling Units Proposed 160 dwelling units Density of Underlying Base Zone 1 dwelling unit per acre Transferable Development Rights 600 acres x I dwelling unit per acre = 600 dwelling units Multiplier for Workforce Dwelling Units 2.5 Multiplier for Countryside 1.5 Calculation of Transferable Development 160 dwelling units x 2.5 = Rights for Workforce Units 400 dwelling units Calculation of Transferable Development 600 dwelling units - 160 Workforce Rights for Countryside dwelling units = 440 dwelling units 440 dwelling units x 1.5 = 660 dwelling units Dwelling units in base zone of Net 400 acres at one dwelling unit per acre = Developable Area 400 dwelling units Total Dwelling Units Permitted in Town 1,060 transferable development rights + 400 dwelling units = 1,460 dwelling units This is less than the 2,000 units required. 14 MIChael I:mllhart - 1 I UK UVI=KLA Y UKUINANL,I= "I LUL,It: L,UUI'I I T ¿}.aoc r-ä t:: (¡) I I Note for Example C: 540 Additional Transferable Development Rights are Needed to Meet the Density Required to Build a Town. Credits can be acquire or generated through various methods outlined in the TDR Program under Objective 3.1.7 g. Within the TVC Area both inside or outside of the Urban Service Boundary, for each acre of land in a new Village or Town that will be occupied by a Targeted Industry, Higher Education facility, Research and Development Park, or facilities in connection with the St. Lucie County Agricultural Research and Education Park, created natural habitat in the Countryside, or preserved Environmentally Significant Land as designated by the County, the transferee is entitled to an increase of another 1.5 credits. Each acre of the above uses will reduce the acreage of the Countryside eligible to be calculated for transfer as depicted in Sections 53.f. Once TDR Credits are created; an additional multiplier shall not be applied to yield additional credits. SECTION 6. PROCESS OF CONVEYING A TDR CREDIT WITHIN THE TVC AREA. TDR Credits granted through Section 2 of this Ordinance may be sold and/or donated to any party subject to the following: 1. Application Materials. The transferor and transferee shall submit a signed application on Form 1: Application for Transferable Development Density Certification. Along with the application form, the following shall be submitted: a. A legal description of the property on which the Transferable Density will be 15 I Mic~ê.~.I...,ªrillhart - 1 TOR OVERLAY ORDINANCE ST LUCIE COUNTY 2 .doc Pa.~.1.êJ calculated. b. A survey, showing total acreage of the owner's property, areas of land or portions thereof, subject to easements in favor of governmental agencies, utilities, and non-profit corporations, land restricted against development by covenant, easement, or deed restriction and excepting one acre of the curtilage around any existing house; c. If a transfer involves less than the total Transferable Density of a parcel, the portion of the parcel from which the Transferable Density is transferred shall be clearly identified on a plan showing the whole parcel, accurate to one foot of error for every ten thousand feet. Such plan shall also include a notation of (1) Transferable Density rights attributed to the entire parcel, (2) the Transferable Density attributed to the identified portion of the parcel subject to the transfer, and (3) the Transferable Density which would remain available to the parcel after the proposed transfer. For example, if a landowner owned 600 acres and transferred the development density from 100 acres to a second landowner. The first landowner would retain Transferable Density on 500 acres.. c. A title search of the tract from which the Transferable Density will be conveyed sufficient to determine all owners of the tract and all lienholders; and, d. A copy of the proposed Deed of Transferable Density and a copy of the proposed Conservation Easement in accordance with Section 6 of this Ordinance. 16 MichaeTBrHThartw:ffÖRÖVERLÄYÖRDINANCE ST LUCIE COUNTY 2.doc Pa e 17 e. F or landowners of parcels of 500 or more acres, a preliminary subdivision plan shall be prepared in accordance with the regulating plan as required in the TVC's Land Development Regulations. The preliminary plan must clearly indicate and map (1) that Density will be transferred, (2) the Transferable Density allowed for the site, (3) the multiplier sought for each eligible Transferable Density unit, and (4) areas that will be dedicated to Targeted Industry, Facilities provided in connection with the Research and Development Park, Higher Education Facilities, Environmentally Significant Land and Create Habitat in the Countryside. In the case of Targeted Industry, Facilities provided in connection with the Research and Development Park and Higher Education Facilities, proof of commitment to the use in perpetuity and verifiable contracts with the end user must be submitted (see Tables 5-3 and 5-4 above); f. For parcels under 500 acres from which landowners are seeking to transfer a minimum of90 percent of the Transferable Density, a preliminary subdivision plan must be prepared in accordance with the regulating plan as required by the TVC's Land Development Regulations. The preliminary plan must clearly indicate and map (1) that Density will be transferred, (2) the Transferable Density allowed for the site, (3) the multiplier sought for each eligible Transferable Density unit, (4) the number and size oflots of the site to remain on the site, and (5) the use of the newly platted lots (agricultural or single family residential); and 17 MichâêIB;:¡ilhart ':1' T5FfðvÊI~[Ay'ðR;5TÑAÑëÈ-sTTDcrEëõUNiY~':r~aõc"-^'-< 'Þãe~18 g. A title search of previously severed TDR Credits, if the transferee proposes to use transferable TDR Credits which were previously severed from a tract in the sending area. 2. Review, Endorsement, and Recording of Conveyance ofTDR Credits. a. Upon receiving a complete application, as required above, St. Lucie County shall determine the number of TDR Credits which can be conveyed from the sending tract. The County shall also determine, with the advice ofthe County Attorney and/or Engineer, the sufficiency of (1) the plan indicating the portion of the parcel to be restricted from future development if the TDR Credits from less than the entire parcel are conveyed, (2) the Conservation Easement, and (3) the Deed ofTDR Credits. The County shall inform the transferor and transferee of the TDR Credits of the County's determination in writing in a Letter of Interpretation. Any appeals of the determination of the County shall be made in accordance with the provisions of Section _ of the St. Lucie County Zoning Ordinance; and b. Upon receipt of written approval by the County, as provided in Section 6.2.a., the transferor and transferee may present the County with the Deed of TDR Credits for endorsement. St. Lucie County shall not endorse the Deed ofTDR Credits until the County has received evidence that the Conservation Easement has been duly signed by all relevant parties and recorded with the County Recorder of Deeds. 18 rv1ic~~~lê[~llb§l!,! - 1 TOR OVERLAY ORDINANCE ST LUCIE COUNTY 2.doc Pa e 19 3. Review, Final Approval, and Recording ofTDR Credits Applied to Lands Within the Receiving Area. In addition to those procedures presented in Section 6.2, the following shall apply to proposed developments that rely upon transferred development rights to increase permitted dwelling units per acre beyond that of the base permitted density: No final approval for any subdivision plan which utilizes TDR Credits shall be executed on behalf of the County until the County has been presented with a copy of the recorded Deed ofTDR Credits and a copy of the recorded Conservation Easement. The entity responsible for the administration, management, and maintenance of the land set aside for the Countryside of each new Town or Village shall be identified as part ofthe approval process for the new development. SECTION 7. CONDITIONS OF THE CONSERVATION EASEMENT. 1. The owner conveying TDR Credits shall perpetually restrict the use of the parcel, or portion thereof, from which TDR Credits are conveyed, by a Conservation Easement The Conservation Easement shall be in a form approved by the St. Lucie County attorney and shall restrict future use of the Countryside to agricultural uses, any accessory agricultural uses, and open space uses, as defined in pages 3-iii and 3-11 and Policy 3.1.5.3 of the TVC Element of the St. Lucie County Comprehensive Plan. 2. The Conservation Easement shall also reference and include a land and water management plan for the Countryside portion of the Town or Village. Countryside shall link areas set aside for open space and agricultural purposes to any neighboring Countryside areas, existing or planned passive recreation parks, agricultural areas, or 19 I"~ictia.el .ê..ri.I.I.b..ê:I.rt..:....1,IºBºY~B~ðr"2BºIJ::Jð~º,~~§T.Jh!f1J~".ºQ!L~rr(~Lg2£w ":<'V_'_'C"'·"'<'ili':.",'·',:·"·,,,<~w,^ , _~', ",. "" .pag~ ,?OJ I I environmental preserves. . 3. Any Conservation Easement shall designate St. Lucie County as a third party beneficiary ofthe restrictions imposed upon the transferor and his/her property. Such restrictions shall be enforceable by the County as such third party beneficiary. 4. Land from which TDR Credits have been conveyed shall continue to be owned, subject to said restrictions, by the landowner, his/her heirs, executors, administrators, successors, and assigns. 5. If the TDR Credits are to be conveyed ÍÌ'om less than the entire parcel, the plan prepared in accordance with Section 6.I.b above shall be attached to and recorded with the Conservation Easement. All owners of the tracts from which TDR Credits are conveyed shall execute the Conservation Easement. Alllien holders of the tract ÍÌ'om which TDR Credits are conveyed shall execute a Subordination Agreement to the Conservation Easement. Such Subordination Agreement shall be recorded with the County Recorder of Deeds. 6. All transfers ofTDR Credits are deemed to sever the transferred TDR Credits from the sending property and are subject to approval by St. Lucie County. SECTION 8. VALUE OF TDR CREDITS. The monetary value of transferable development rights is completely determined between buyer and seller. SECTION 9. PUBLIC ACQUISITION OF TDR CREDITS. The County may purchase TDR Credits and may accept ownership ofTDR Credits 20 Miè:hâeTBrf¡Ttíârt:1'T5FrÕVË~RIÄY5R15ìNÃNCE'STTITCiECðUNfY" 2··.dÒc Pa e 21 through gift. Any such purchase or gift shall be accompanied by a Conservation Easement, as specified in Section 7 of this Ordinance. The County may re-sell or retire any TDR Credits it has acquired. SECTION 10. RESERVATION OF COUNTY RIGHTS. The County reserves the right to amend this Ordinance in the future, and the County expressly reserves the right to change the manner in which the number of TDR Credits shall be apportioned to a tract in the sending area, the manner in which TOR Credits may be attached to land within the receiving area, the locations of the sending areas and the receiving areas, and the procedures by which TDR Credits can be conveyed. The County further expressly reserves the right to terminate its transferable development rights program at any time. No landowner or owner ofTDR Credits shall have any claim against the County for damages resulting from a change in this Ordinance relating to the regulations governing the apportionment, transfer, and use ofTDR Credits or the abolition of the transferable development rights program. if the transferable development rights program is abolished by the County, no developer may attach TDR Credits to any tract in the receiving area after the effective date of the ordinance abolishing the transferable development rights program unless an application in conformance with the provisions of Sections 6.1 and 7.2 was filed prior to the date of such ordinance SECTION 11. SEVERABILITY. If any provision of this ordinance is held invalid by a court of competent 21 Mi6haelSrillhart - 1 TOR OVERLAY ORDINANCE ST LUCIE COUNTY 2.doc pa e 22 jurisdiction, the remainder of the ordinance shall not be invalidated. SECTION 12. DEFINITIONS. Agriculture: The science, art, and business of cultivating soil, producing crops, and raising livestock; farming. Allocation: An official calculation done by St. Lucie County (department TBD) to determine the Transferable Density and TDR Credits to which a parcel of land is entitled. The allocation is identified in a Letter ofIntemretation (LOI). Certificate of Filing: A document issued by the St. Lucie County (department TBD) to an applicant for a development project indicating that a full and complete application has been submitted. This is required before many local and state agencies may hear, review or take action on a development application. Conservation Easement: A legal document filed in a County's official property records, placing limits on the use of a property. A deed restriction within the TVC normally extinguishes the right to build homes on or subdivide residential lots from a sending property but allows other uses, such as agriculture, drainage, low intensity recreation, and those described in the TVC element as possible uses for the countryside and open space. Countryside: Land, including natural habitat, agriculture, recreation parks and similar uses, required to be set aside as open space in perpetuity. Countryside associated with a Town or Village may also include one golf course, and/or a Flow Way System to manage storm water and move it off the site. Up to five percent (5%) ofthe required amount of 22 I . C.., . ..... ........ C...C...C.........C......C...........C.........C........C............................................... ........ L~~ icha.elc.ªrilIb;:¡rt.:.....~. .I.cº.B..º'!sBbðY=ºßº!.fiðt:Jº"s..§I..,~~f!~£.ºº~!i..(?J:S!2g..=" "'~'»>""":·':"_,·,=x_,_"",:.,«<'*",'.,..,_=".,.,^,.y," :->""'-":<-"""""'-''''''''''''--,."".-,,,,<-», .C,..,......,....Eê.9.~...,?..ª...1 Countryside may be platted into large lots outside of the Net Developable Area. Such dwelling units must be acquired with transferable development rights transferred from an off-site eligible sending site. Density: The number of dwellings that can be placed on a unit of land. Density is normally expressed as the number of dwelling units per acre of land. Development: The carrying out of any building activity, the making of any significant change in the use or appearance of land. Dwelling Unit: A dwelling unit as defined in the TVC Overlay Zoning District may consist of a single family detached house, a single family attached house, a condominium, or an apartment. Encumber: The act of burdening a transferable development right with a financial liability, such as pledging a transferable development right as security or collateral for a loan. Environmentally Significant Land: Land identified by the County as Environmentally Significant and/or ranked as A, B, or C on the County's Native Habitat Inventory Map. Final Approval: Issuance of a construction permit, approval of a municipal zoning variance, final major site plan approval, or any type ofmUllicipal approval involving the need for redemption of Development Credits does not take effect until the Development Credits are redeemed, and the St Lucie County grants their final approval by issuing a document called a "Letter of No Call-up". Gross Developable Area: The land area including both the Net Developable Area and 23 Mic::hael'Brillharf=1TÖRÖVERLÄY"ÓRbTNANCE ST LUCIE COUNTY 2.doc Pa e 24 the Countryside land. Letter ofInterpretation (LOI): An official letter from 81. Lucie County attesting to the number of transferable development rights that are allocated to a parcel of land. Net Developable Area: The land area available for development in a Village or Town once the Countryside/Open Space requirement has been met. Redeem: The act of using transferable development rights to obtain density bonuses on receiving properties. Once redeemed, transferable development rights can never be used agam. Registry: A permanent record of all transferable development rights certificates issued, sold, conveyed, transferred, encumbered, redeemed, and retired. St. Lucie County maintains the registry. Severed: The act of officially separating and retiring transferable development rights from sending properties. This occurs after a conservation easement is recorded. Title Search: A report issued by a title insurance or abstract company. In the Transfer of Development Rights program, it ensures that landowners have a legal right to place a deed restriction on their properties. Town: Two or more neighborhoods that may be created through the transfer of development rights in the TVC Area. Transfer of development rights: The practice of shifting development rights or credits within a property; of at least 500 acres to reconfigure development or the conveyance of TDR Credits from one property to another; a program established to enable the shifting 24 iMi6h·C3.~.I..$rìllhârt - 1 TOR OVERLAY ORDINANCE ST LUCIE COUNTY 2 .doc t-'a e;¿b and conveyance of TDR Credits. Transferable Development Rights (TDR) Credits Certificate: A document issued by St. Lucie County which attests to the fact that TDR Credits are available for sale or use. It identifies the num~er of TDR Credits, the current owner, and the originating parcel of land from which the TDR Credits were severed, The certificate also includes sections that must be completed whenever the TDR Credits are sold, transferred, encumbered, or redeemed. Notes: 1. This ordinance includes a single zone TDR program in which development density may transferred a) from one property to another within the TVC Area and b) within the same property. Both types of development density transfers are aimed at producing not only a better development pattern but also to allow a mix of uses, rather than only single family homes on a minimum of one acre lots. 2. The number of redeemable TDR Credits for use in the receiving area must exceed the number of available transferable development rights in the sending area. This was a mistake with the early days of the Montgomery County TDR program. The bonus multiplier features for sending transferable development rights within the TVC zone solves this problem. 3. The courts have not directly ruled on the legality of using TDRs as compensation for a re-zoning. In the 1997 Supreme Court case Suitum v. Tahoe Regional Planning Agency, 96 U.S. 243 (1997), the court ruled that the plaintiff, Mrs. Suitum, did not have a "ripe" situation because she had not tried to sell her TDRs and thus could not say what they 25 l_,Mic:Bêèi Brillhart-1 TOR OVERLAY ORDINANCE ST LUCIE COUNTY 2.doc t-'a e;¿b 1-- were worth. Similarly, in Williamstown County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985), the Supreme Court ruled that "if a State provides an adequate procedure for seeking just compensation, the property owner cannot claim a violation of the Just Compensation Clause [of the Fifth Amendment] until it has used the procedure and been denied just compensation." This finding suggests that a TDR program would provide adequate compensation as long as the TDRs could be sold and provide the property owner with a means to realize a return from the property. 26