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Transfer of Development Rights Workshop Minutes 03-07-2006
BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA TRANSFER OF DEVELOPMENT RIGHTS WORKSHOP March 7, 2006 Convened: 9:00 a.m. Tape: 1-2 Adjourned: 12:02 p.m. Commissioners Present: Chairman, Doug Coward, Frannie Hutchinson, Paula A. Lewis The Chairman introduced Michael Brillhart, Special Projects for St. Lucie County who gave an overview of the program. Mr. Brillhart stated they undertaken a transmittal package to the Department of Community Affairs for specific Comprehensive Plan Land Use Amendment designating TVC element. They have received comments from the state and staff is working with the Regional Planning Council and the consultant on making appropriate recommendations and modifications need prior to adoption. The TDR program review and the Land Development Code revisions will have to come back to the local planning agency and the Comprehensive Plan Amendments to the Board sometime in May. The Consultant advised those present they would be having a presentation by Professor Tom Daniels on TDR's, what works and what does not work and programs in place in various parts of the country. She requested keeping the workshop focused on the TDR's as opposed to the TVC. Professor Daniels is a professor at the University of Pennsylvania and teaches land use and environmental planning as well as growth management. Professor Daniels defined the TDR program and reviewed various ideas in the development of the TDR's. He also addressed various areas where TDR's have not worked. The power point presentation made by Professor Daniels follows on the next 29 pages. Com. Coward commented on the draft Ordinance provided and stated there seemed some confusion as to the area noted as page 3-4. The map referenced on page one is the lower map and he believes they are actually talking about the top map. The Consultant stated he was correct it should read as figure 3-1 page 3-3 and will be corrected. Com. Coward questioned if the following was entirely true, "Page 2 -Density increases not associated with the transfer of development rights program, such as through re-zoning are not permitted within the TVC." The Consultant stated she believed the intent of the phrase is that having someone come in front of this or any other Board to request an increase in density is not permitted and that it needs to go through the process. Com. Coward asked this paragraph be re-worded to clarify. The Consultant concurred. Com. Coward stated the public donation component was not in this section and felt it should be and also tweeking of the multipliers. The Special Projects Manager submitted the Questions, Issues and Concerns raised by the TDR Ad Hoc Advisory Committee. (attached) Continued clarifications requested by Chairman Coward. Page 6 -Section 5, Com. Coward stated he felt this was written in a way that was less than clear. The first sentence gives you the impression this is the only area TDR's can be transferred to. He felt the term should read the "preferred receiving sites". Page 7, subsection 2 b he felt this should be a combination of incentives, at the bottom of the page, he questioned if you can transfer credits from inside the urban service boundary to the outside, when you read this it implies you can. The Consultant addressed this question and stated maybe they need to clarify if the land is contiguous under the same ownership and a person is inside and a person is outside, then you can move it around, however if the property is in the service boundary and they are trying to move it outside a completely non contiguous site, then you cannot. Com. Coward asked this be clarified in the paragraph. Com. Coward questioned item a on page 17 and stated there was no mention of property being donated (environmentally sensitive land) to a public entity and go into public ownership. -2- +~~ ...ter ... The Consultant reviewed questions and definitions of terms utilized and provided clazification of the calculations. The question was asked, "what if one property owner (one side) decides to not build but, everyone around him/her decides to build? The Consultant stated the way the TDC is written today, this could very well happen and she is aware this has been a concern of Com. Hutchinson, if one person continues to farm and the others around them aze complaining. This is an issue the Open Space Committee is trying to solve on how the countryside would get organized. At some point the landowner makes a decision on how they wish to go. They come to the County fill out the proper applications and County staff tells them how many credits they have and they can decide one at a time or all together. One of the issues questioned was what happens if no party will buy credits from another party? Does this leave anticipated credits null and void? The Consultant commented on the idea of the County starting a bank. Com. Coward stated even without the TDR program, what they are seeing now is something that is not traditionally being done. The TVC program will benefit the area greatly. The public has told the Board what they want and if the developer decides to go the route they would be rewazded. Mr. Martin, property owner and Committee member addressed the Board and stated they just started to review the document and they have not had much discussion on it as yet. He wished to commend the Board for starting the committee. Mr. Martin stated he was the only person on the committee that would have TDR's to disburse. Com. Coward stated there are multiple landowners on the committee with interest. Mr. Martin clarified he was the only small landowner. With the County stepping in the initial TDR program and taking cash in lieu of transfer development rights, he said it seems to make sense on the surface, however, his first initial reaction is making sure those dollazs the county is going to accept in exchange for development potential, that money actually ends up taking off TDR's from the mazket at some point in time other wise you would go down the slope that you do not have to buy the TDR's just pay the County off. Com. Coward stated this would be the only way he would consider it. Mr. Chazles Grande, Chairman of the County Conservation Alliance, addressed the Board on the Master Plan of the County, the TDR programs and their success and failure. He believes the way the TDR program is laid out at this time few people understand it. Mr. Tom Babcock, developer, addressed issues and concerns listed by the committee. He stated a developer would not close on property without knowing his entitlements whether he be a large developer or small. Until he goes through the entire process he will not know his entitlements. In the event he wanted to have an azea set aside and receive density bonuses for higher education, tazgeted industry, research and development, he would be required to have those contracts in hand before he could secure his final entitlements from the Boazd. Mr. Ramon Trias, commended the Boazd on the TVC program. Mr. Jonathan Ferguson, committee member stated he would like a copy of the supply in demand calculations he felt this is critical. County staff has put together a ownership map showing parcel sizes and he believes there are serious concerns with several ~~ ~~ ~~ members of the committee on whether the supply in demand is there and whether what is put down in theory will actually work when you try to apply it given the of parcels out there. Also, there were several issues and they will continue to work with the RPC, that what has been conveyed to the committee, the public and the commissioners verbally differs what is in writing there are inconsistencies and some are more major than others. Mr. Bob Bangert, TDR Committee member, addressed the Board and stated the TVC program at this time is perfect. With the hurricanes many grove owners have been affected and this program give then an opportunity. He also commented on the increased density in the county and the drinking water availability in the state. Ms. Susie Caron, TDR Advisory Committee member addressed the Board and stated she was very positive about the TVC program and the TDR Committee. Mr. Randy Sexton , 375 acre property owner, addressed the Board and stated he did not like the County's plan and stated his reasons. He could not conceive living in one of the towns. He is concerned about his land rights. The Consultant stated they had met with Mr. Sexton and he does not need to participate in the TVC program as related to item number 6. Com. Coward stated they are not taking any existing rights away and if he wishes not to participate the County would respect this. Mr. Steve Ball asked if Mr. Sexton could rezone his property if he did not wish to participate. He stated he was confused on this issue. The Consultant stated there was no one who had 5 units to the acre outside the Urban Service Boundary zoned Agricultural. Only inside the Urban Service Boundary will you find the zoning of 5 units per acre. The Consultant attempted to clarify the program. Closing remarks were made by the Chairman of the Board . The meeting was adjourned. 4 ~~ DRAFT ST. LU IE COUNTY -r TDR OVERLAY ORDINANCE Questions, Issues and Concerns Raised by the TDR Ad ~ioc Advisory Committee 1. Is this Ordinance actually an overlay? Clarification is needed. 2. The Ordinance does not specify any relationship to adequate public facilities/concurrency. 3. Under Section1: Purpose, Paragraph 2, there is a concern for distinguishing "preserving and enhancing existing private property rights "between small and large landowners. 4. Why would TDR credits not used within 20 years have a sunset in value and no longer available? 5. Please clarify why easements are ineligible for TDRs. There needs to be consistency and clarity on credits given to easements and right-of-way in accordance with existing LDRs. 6. Page 4, Section 4; The TDRs Sending Area, Paragraph 2: Add the phrase "NC Element Area" to the last paragraph in relation to Environmentally Significant Land. 7. Page 4, Section 4; The TDRs Sending Area, Paragraph 2: Why is '/ mile length used in determining the eligibility of TDR credits from inside USB to a property outside the USB? 8. Page 5, 2 (a) -add "outside the USB" after landowner who owns less than 500 acres. 9. Page 5, 2 (d) -landowner who owns less than 500 acres may transfer a minimum of 90% to an eligible receiving site. Why was 90% chosen? 10. What are the minimum numbers of residential units that can be transferred? 11. Page 6, Section 5 (1.) -The phrase Special Area Plan is referenced. What is the relationship of a Special Area Plan to areas either inside or outside the TVC area? 12. Page 7, Section 5 (2.) C. -Why use a 50% credit transfer rate for a town or village? 13. What happens if no party will buy credits from another party? Does this leave a anticipated credits null and void? 14. Clarify the 80/20 rule for AG-2.5 and AG-5 property. 15. Page 10, Section 2(a) -Please revise ". 25 credits" to 1.25 credits. 16. A Deed of Transferable Density is not yet attached as part of the Ordinance. 17. More detail is needed on the administration of a TDR bank. 10. . On page 17 -Section 6,1 (e.) -you should be able to transfer development rights without being required to prepare a preliminary plan. 18. On page 17 -Section 6,1(f.) -why must a landowner transfer a minimum of 90% in order to receive urban services? 19. A waiver regarding the use of credits should be granted under certain conditions or scenarios. Example: when there are 37,500 units already built in the TVC area. 20. ~ Page 19 -Section 7-1. is Policy 3.1.5.3 the correct citation? 21. Page 21 -Section 10 - is Section 7.2 the correct citation? 22. Page 23 -under definitions: use the same definition for the term "Development" that is used under Florida Statutes for consistency. ~Pxafess~ Teo ~~Daniels t ~`, . ;,u~ ~'~ tx ~ + " Dept `a ,Pla `i `g~ ~. r ~" y avnis .~'. .~ r. ~~~~~ ;~ 1 '4 • "Where there is no vision, the ...people perish." 2 ., ..` ,~ t ":I'ransi'~rrc°,d D~velc~p.ui~nt RisaliC~ (TDR) C`ane~pLttal Overview ~ .. __.. ~. ~ ~~ .., t ~',~.~. E~istiug C'onditiotis ..... ~' - ~ I TDt C'ortc~pt `I7~R liiipletz~e:titati~,iz 3 ~... 1 , -. `The right to~create a,~residential- y building lot or construct a dwelling unit. -This right may be severed from a property in" the sending-area resulting in a perpetual conservation easement, and transferred to a property in the receiving area in the form of bonus density,:according to procedures :established in regulations. '?y~ ~; } L~~ ~ 1 • The courts have~not drectlyruled~on the legality.of using TDRs as compensation: In Sultum v. Tahoe Regional Planning Agency; 96 U:S. 243 (1997), the U.S. Supreme. Court ruled that the plaintiff,.Mrs. Suitum,did not have a "ripe" situafionsb~ecaus~~she:;~k~ad~nottried to se,li,her. ' TDRs and thus`could`notsay~rvhaf4theywere~worth:: ` • In Williamstown~CountyReg!ional~Planning Commission v. Hamilton Bank of Johnson.=Clay, 473 U.S. 1.72 {1985), the Supreme Court ruled that"ifa State provides-an adequate procedure forseeking~just-compensation, the property owner cannot claim a violation of the Just Compensation Clause~[ofthe Fifth Amendment] until it has used the .procedure and'been denied jusf compensation." ,_ 4 ~,,_ -. '~ ~ ,- ,_ f l ~. 1. 4, ~ .Bd <..i;, pr.,: f •N ational ~ ~•M~ aryland 53 TD Pro r s 10 TDR Pr~,o~g~ams ~.. ~~. of ,. ,~prese ~ d~rne~tha`'tf ~ :p~reserved~rnore~than 1000 acres `r 1000 acres - 21 (40%) have - 5 (50%) have preserved more thane preserved more than 100 acres 100 acres.. - 88,575 acres;- - 53,704 acres have preserved with TDRs been preserved with in U.S. (not counting TDRs (60.6% of urban TDRs), national total) Why TDR programs fail #1 -Economics - • InsufFcient demand fo.rAdevelopment.,in receiving areas • Imbalance of supply and demand for TDRs -Too many sellers chasing too few buyers -Too few receiving areas -Too little absorption capacity in receiving areas ;~~..:. . --TDR values`too_ ow~for~{andowners to sell • Developers can obtain. density bonuses in receiving areas without buying TDRs- 5 r Why TDR programs ail #2 -Poor Planning and Zoning - • Comprehensive Plan does not delineate sending and receiving areas • Comp~ehen ive Plan does not allow high enough den i ies~i.n.receiwing area • As-of-ri ht ,zon~n yea aci ...exceeds market denier d<~i~'re~g`~are~`= ~ -~ • Insending.areas,~co:u ty'~~unw~rllingto . li rnifi de nsityta ~rot~c~~ns a ndfo:rests -- • County is unwilling to grant density increases in .receiving°areas onlywith TDR Credits Why TDR programs fail #3 -Politics - •R :ural,landowners~s e ticalFo ~~TDR Credit; ,,. M ~ P, ~~ ,_~ ~~~.~~. •C pmt ~..~s~. ~~ ~> =~ ci P n ~~ftPfi~.wtt F ~ ~ r . - areas ~ ~ ;:~ j . ~~` '. K .. •I nfrastructure=cost~=of higher`densities is~~paid by local government oraexistirig residents hrough ..~ higher taxes. ~ ~ ~. •I ncreased traffic and congestion is opposed •H gher;density kde~+elopdment~is not. well~designed 6 ,, . v ?'. . Ho w ~ to cr~ea te~a~~s~9c~~ssful.~~TDR Credits program - - ~ ~ - somet rng :~~, , ,~ Thel i ze,~c ,~ ~~ -- By the wa and~.~r3 ,: `f ~~ l I IC; der .~. .~., _. r ,C~?n . ~ Ott .d~~'F. ~~ 4,~, tti:i, ~~~.. -~ ~:,~~, ;~ areas, ,~ _ r ~• ~_ ~tives aregiven, ~. ~ ~° ~' ~ r .~. ~~r: ~s ?~:7,~, ~ .. - F , t ~. -,Carefully balance TDR supply and demand • Total the amount:of TDR Credits that can s be sold - ~~ ~.~ ,., r ,} , ~. . ~. • Identifythe~amount~of~TDJR~Cr-ed~ts4Ythat ~~~ ~-a<;~ fi~ia~~ can bey util~~ed~~in~e~ ~ea_s ~ :men base and highest3bonus~~dtensity~(2:J1`+ ~~ ratio) ~~ • Evaluate the relafiionshi betweenxthe ~~~ . - ~ , ,~ ,. r value of development rights in sentli ng and receiving areas 7 -, yea, ' {,~~ ~_' alt Hc~dw. tout q L?R ~~ ~~ ~~ ~~ "~r ~. ,~, ~~ ~~ r1~C~~ ~~%~ ~~~tT~; ~ ~ ~f .~ ; ..~. §~ t~ _ ._ -Minimize uncertainty of TDR transactions ~~.~ ~~ . and goverriment~d~eci`sions: Developers •A pprove use.~of TDR:Credits on receiving-.sites with min imu m of red tape: •D evelopers must have incentive to purchase TDR Credits -bonus density must be worth the TDR Credits purchase •C onsider granting "multiplier" of TDR Credits on receiving site. •D o not permit density bonuses without TDR Credits purchase ~~ « ~ ~r-- t Y L T _ ; - ~} %~ • Minimize uncertainty of TDR transactions and government decisions: Landowners • Landowners must have incentive to sell TDR Credits • Derna nd must be .there f rorn Developers ~~. -~ ~~~~~~t,~~~ fi _: • Insufficie3r ~d~ ;~ .: • Insufficient der receiving~,area • Oppositio~~o,~ designated~re~~ y~.~ • Too mangy ~ ~~ `` ;,k. ~~ COUntf~1Sl~~ >~°~~ o .J. ~% ~ ~~de~ ~ o ers uses m ~'~ ;,_~: ~, ~; J, . ~~1 ~~~ nts~ in~k~, ,.~, revs ~}~~;~~ .. opts = ~~~the ~, 9 ~, ,_` sevEH sTers >;oa TUR SUCCESS f1EP I fGN t, rrtn~, nt .. 1r~i+ra ~rifl.Tt)it Co YvKU l~irmnruruk; STEP 2 TOR: t7rgamru?9._. irr.Jyr?r~. Stf~yfrari..lur Ytu Ti7R a'rogtar» STEP 3 TORStr-uttun<?q--- Estatali,.lve+g thr RmavingZflrx STEP 4 TOR )tnx t~rutp--- E_~!uWishNr?g ifi~ sencfng Zane STEP S itra 'TUR Oral- l±ef,ectnu; E4~r>ruttit. Raa4it;l^ti sT-EP ~ TpR PrtxXam AcLnini~tratn?n- Fnciti+ating the TDR Pragrar? STEP 7 iDR Ir^plemrrrtatie~n-- Incurpxsirng TUR into tt+4 ZonMry (kdrtwnrc 10 '+, ' -~ ~' sa ;~' .~~ +~.~ ~ ~Y~- ~~:f ^r ~~ r -_ ~.,,.y - ,~ i~ _ ~r ~s 9 ~ ~' c~ t ~ R~ Y' ~ f ,~ ~ ,~'.,.. ro.` ,._, i r ~ 3y ~~ ~~ g. /?G -. ..~+.~~ ..,.w~ a 11 ,~. ,~,. -, %~ ~ , ~~~e`°ct ~ t.. ., , North~Sfi Luc~~ejC°ounty~~ • Towns, Villages, and Countryside,(T~VC) Element of:the~St: Lucie,County~ Comprehensive Plan • This ordinance presentsa singie~~zone TDR program in which development density may transferred within the same property or across properties to produce 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. 12 ,, ii ~. ~~~ _~ ~ 3 ~'~ Eli ~. ~ - ~ • ~ ~~ t~ o _ ~ ~ ~ .. ~ ~ ~~ ~ ~ s~ • Towns, •Villages ~nd.~Countryside (TVC) area is 12,372 acres- • 9, 806 of .those acres are zoned for one acre minimum lot sizes • Projected pop ulatio n g rowth i n the TVC area to 20~5~ is~~37,500~: exrron A of Vroputad TVG' Ar ~ ni-..n ft a ,,,r »..~ .~..",~.....~..~ r i ~. 1 r v p z -_ z' i ~a ~' ~~ } ~~. .. _ .. , .. _ ._...~ r.~.,~, ~ ~~~' ~ ~~ ..._ r. .~ f _ ~ a'- ~ ~ ~ ~~ per, „a . 1 ~ ~ ~ ~~. `~ ~ ~ ._ n Pfe?;x -. J, ~ g v ._.. ..._____.. a t ''c\ t _ _ It r ~.~~ , ___ i .,: .. 4 w.~ ~ ~ ' ~~~„p- 13 '~~ , ,` 2 `~ t`'3'F °~Exis~tirng o diiti3ons ~I~~ ~: • 3,499 acres inside the Urban Service. Boundary (USB) on which 13,427 units could be built. • Outside the USB, there are 6 land ownerships; of 5Q0+ :.ages. • There are~~2 par~e~s~of~200 to~.499. acres that:could consolidate into-500+ acres. i ... _.. ,_. .-. .K _ t ti ;_ T T _ _.~ 1 : 7 ` s ~ y~ z ~ ~ L _.__ - T G ~ _ .« w ,_^ _ -_ .~ ..... ~. _ ~ ~ ~,,..a - ' ' ~', -.~. r. ~~ __._. t _ ~ -'' - -" e : - + _ -,~x~~~ _ ~`_ ~,._ ~ - ~~ ,r .i :,,,r,~. , t ,.~ ~'~' - I h I - ~ 1 '1 ~ _„_1 in7 .~~~ r.t jai „~,~ ... f ,,.. . , ,.c,r A!W... ~, r~ , I. - ,. -° - _ . _.._ , ., ~_ _ ,- 14 `; ,~ ,r. ~s ~, ~, ~;< .~. TDR4~.Cre.d~i~~~rocess _ , . .. ~rT ~' •A-°~~landowne o ~ std t B;oundaryw(;;U development g}t ~, a,cre~a~u x •P_ ar els€in t~~~ ~ , ,- .~~ granted trarisferable:de~eCopc the number of .dwellmg~'units~a the underly„~ng Ipn ~ se~ a -~e< ~< ~~~ one acre around °any e`wstmg. ,~, •S .ee the Transferable De~elo~ ~~~~'~ ~; ~r7Y 4 } :~ ~ner_ Tent ng~h't's` equal to Ilowed.per.acre in Bch acre~,_excepting souse': ment Value~'Map: 15 ~~ ~,, ~~. ~~ ~: ~' ~ ^ ~ ~~ Legend a __~_ - - ¢ ' s - ~ ~ ~ r ~~ t tlWaCre ,, ~; .~ r ~ v ~~-~ s aWa~e Y ~ ~ ~~~~ ~SdWaca . .. _..:. ^ 5 dWaae- A'izCti Use Chnr nmen• ;, ~. 1 .~eHC i 9UWLUNA'ir:J ~ _ .~I.. i~ 1 ~ ,. j t...~ 1 ~ ~~ v ! ,, ... ~ F »~ ~ F! _ "*"iirTq Suasirine State P r~e:n +\ r. rJ. _ v%Gc:waq `~ blurwapal Limit; _.~+ s ~ ' .~ UrCan S~NVica Evu~rnry ~. ij R, .,._; !, . '~, ~ G2° G-na= {3ek hit -at) •,, ~ _ ~ kaad and cena rr~L~-0i-way. s~ _~_ _ . _ I ~~ .,T ~.~ ~-" !_a1~ . $ .. ... _ ~ , • A voluntary program • C reati ng a ma rket i n tra nsferab le development credits • Transferable development rights maybe transferred ..with. tt~,e aid I>sold, donated, or bequeathed: , ~ :. • Tra nsferab le development rights that are not applied in a'builf'project`vvithrn~20 .years of their creation,nlsunset in value and are no longer available for use in a development. 16 ~ , ; ~ ~ '~ ~ r: ;, , , ~ C ~ iJ ti ~ -~'r ~~ t, s ~ ~ ,. ~ ~• r ~ryn a{ , ~.w ~• ~. Wa~.,' ~ Y tC ~ ~ f ~ ~ :~5~~(i~~w~i`.w~ ; Y#~~~ i~il5 ~+~ e ; ' i~ t ®~ n ' . v, ; .,i, x R ~ ~~ '. ~ s ~. ... , ': 1p:~. 9 4~Y~~ .~..... ' ( is .{~'.i' < imi~:~. ~¢~R• .. ~ .~ 1 CAS::: > ~ ' ~ ~ ~~ :.. : ::' ; ~•.~'.t: C.. ... ....: '~~`~".';t•~'.,~~ , ~g : : ~ ~ ',# . , ~ ; ®` .t ~ ~ ~~~f ~4 f , . r. .. T~heNTDzR~Credi~ ~di n ~`~rea _ ~= ;~- .co~~e ~ ~ ~ 4 - ' S'e rv cep ~ ~ ~ ~ .tom withi n ythe~. ~ban~ ~,~er~~, ~ „o~undar ' `~' i- • Three:tra nsfer~o,pt~on ~ ~ ~ = 1~ ~ - ~~ . ~~, ~~ ~~ ~~ a) withi~nthe~'~ea~ ~ - he~:U ~ ~,- .., , ~y ,. ,~ ~ z.. -~ b) from:outsi~tle th S~ Q ithin~the~.l1S~B;` ,:. _•~ : i c) from Environmen all _ e.ns~tive~land~ .. inside::- hey rtsi;` f~ 17 • Has up to four options: • 1. May use TD Rs owned or acquired. to deve op property at a higher density than that a llowed.: in,-the underlying .base zone: only if the landowner enters into an agreement with adjoining landowners to develop 500 or more acres into a Town or Village. • 2. May sell some or all",of transferable development rights to another landowner ` in the TVC. A landowner who owns less. than 500 acres •3 ~~1ay~subd~ de: ~ . o~lo ual~tQ, ~, or~yless~than~the nu ,.e pe~r~mitted by the p~~ un~derly~ing~a~s~e~zo~~ e ~~,0'~a`cr.~s < or 20~lots ,f •4 ~.Ma~,~~ran~ ~~ 0 per,, e ~th~ir~ t 3 alf ` 9 ~~` -rya _~: ~;~.__ .l :. ~ ,_ ~M . ~ ~ . ~ ~~ o~ ~ ~ ~ ~~~., a a~4s ryr _agr .$ ~ `} . n S ~ ~b 'ive i ~ . I „ '. uran~serc ~ ~ ` :.~~ se. a ~ ` ~~ 21~`acr,;e~wi ~=2~~ f s;`sell~ 18, devela~:~-- . is ~ ~"' ~ ~~~ _ , ,R: ~:~ 18 ~,~ •` :A la;nd~oda~~n~e~ :4 ~ o~ ~ ~~s ~~ `a k ~.o r .~ more` ,~~re~ ;~:f;Y .~~ C~~ ~:a; ;~e{ • Has 3:opta ~s; are ~rma~ . ~ot~deve~lap ttie~~' . . propertyacc©rding~to~the underlying'.~base .R~~~ ~: zone:...: • May sell some or~all~ofi;the~transferable~;~ de~elopme.nt~.r~g~ts to a~ andowner,within. ~, , .,, ~ ~ a~~ the<TUC :z~~ e '~ 4. _ ~ r-~~;~ F ~ '~ Sti _. ' f 4:a .May. usect~ e. ~ IM'P` --~L~~ Mts~ e , .a. ~, .%:. ~ - f .. ,._ ws 'F `'! ' to`-inerease~Q~er e de sity torc~eate-a Vllage'~or Town~oa~Ylanc~o~ ned.withi'n~the.< f .,~~ ~ ~~-.. ~r_,.:.. TVCzone. 19 ~. -~ T~ _ •T ransferable development rights may be sent from one property to another. within the part of the TVC zone that iaouts~de~~ofthe Urban Service Boundary or from a property in the TVC zone that is outside of the Urban Service Boundary to-°a-property in the TVC Zone within the Urban .Service Boundary. •T ransferable~.development.ri hts may be sent from a property within th:.eU~~an Ser~riee~=~ n Boundary to a propertyaoutside of the.Urba Service Boundary, only if the transferable development rights are sent from sites within the Urban Services Boundary that are designated by the County as Environmentally Significant. >:. ~ fi- , TDR Credit Receiving Areas ~h ~ -~~ 1~)~The~~~lVC~°~one~~'outsid~~of.~~the Urb~an~~ Service Boundary: A receiving area;mus be at..least.50a acres: i n ize;' or • 2) The TVG~Zone~ins~de~~he~lJrban~Service. Boundary withi n areas.d,esignated'i n-the Special Area:Plan; , • 3) Sites inside the~USB;with a future land use.dessgnation ' F ~'~` ~~~ • 4 4) In :the d Villages ~ ~ ~~ . ~ ~ :~~..~ ~..= .,~ 20 Developr~en~ ~ s.wit~ :f . A Village A Tow n Develop des ig Hated treceiui,~g sites. inside rife ,I~S,B.~~ . .P tat ~~' - ~-~,~' kY '~ ~~~~+y~a - " _ ~l Size of Village r ~ ~ ~~ ~ 4` " ` .~, ~ '~ tit, {Vtllllnxl1111~a1'CCISI7C fO r.C{CVCI Up 111Cl1t IoCatQ{ Q~t)~. 3Cr ~~~, y~~ '~ '' OutsidcofthcUlbunServiccBoulxLary: '~" ~ ti~~, , MaxinxlmParcel Size:. ;~ acr~•• ~ ~ ' Y, Countryside/Open Space, , Countryside/Open Space Required:. Outside the. Urbar Service Boundary Countrysidc/Opa~ Space Require Insidethe Urban Sen~ce Bowtdary' ~3 ~'~~ Gross Density Required'` in ;Net Developable Area*. MininxnnAvcrageGross Datsityrequircdlnsidc i ' ~5.dwelhngymis~ cre ., ~~~~ ceBoul>dary: 1hcUrbanSclv ~~~~ Minin~ltm Avcragc Gross Del>sity raluircd !,°S.,~dwelling`u utspcracrc~`°"-' Oulsidc ilic Urban Service Bowidary; r~-' ~- " ` >.;~;, 21 r ~:" S ~e~of ~`~.o, ~~ s - J Minimum Parcel St2s•~~~eve~opijnentlo~~~„ Outside ofthe Urban 5cn+iceBout~2ry. MininwmParcel Size for development located. InsideoftheUd~an Service Boundary: MaxiirxunParcel Size: Catu~tryside/Open Space L, Countryside/Open Space Required G %,' '~~ ;~ 4 < . Service Boundary U U h i , ~~ , ;~t r e de t Outs CountrysideLOperSpaceRequired u ~ `~ ~~~~~` InsidcthcUrb~iScrviceBoundary ~ Gross Density Required in~~Net Developable Area* Miniuwm Average Gross Density regwred ~°t~~ellin$um~cz"acre °. ~- e ~ ~. o Inside the: Urb;ur Service Boundary Mininwm ;Average Gross Deity required `- Outsidethe Urban Service Bound. 22 ,\ ~,~,~ ~ .~,.. - smor'~ethan ~. Wn xtl~ X50.0-~+ . acSres.~- .. •M ay apply transferable development rights he/she owns toward developing a.Town or 'Village on 500 or more acres that he/she owns. •1 f a landowner completes_such a development. and owns remaining land of less than 500 acres, the landowner may either sell the transferable development rights from that remaining lan.,d to another landowner or may combine with one or more adjacent landowners to create another Town or Village development within the TVG zone. . ,~ Develop,rn_entRlg.hts.~ ~~ The ~numbe~oftr ns e~ , e~,deve o e.:nt:_ ,v rights~~thata;jsma fl~la~nd©v~t~;ner= ca n~tre~sfer~ ~,; ,k ~ ~. is found by taking the total number of the dwelling units allowed on the property, subtracting the number of.existing dwelli ngs o n t he site, a nd~ m u lti pl yi ng the -- remaining .Transferable Density by a factor of 2. _ ~, ir.;. y.;... K 4't .. k~.;F 23 . ,~ • A parcel of 20 acres with one house, located in the TVC Zone outside of the Urban Service Boundary, has 19 transferable development rights. • The buyer of all 19 deve[oprnent rights. canearansfer38_:credits~to another parcel in the TVC Zone inside or outside of the USB. 24 Transfer Catdiion MuYipier Frtnn Calntrysilb in a;.Wla~-haled OuWdt IhtlYbun I zs Service Boundary w an f;ligMO Rccdving Sit :betted Oltlddc mctJrWn`;SCMCdBntuldary. I~lin^ ruunll Vel Jr In u'I'uau In'nrd IMWIYI Ilr Ihlxw LA `r'1l'u'r Inxmlla ly III an I'llll hlc li•cli Vinµ 1i l• lomlyd 11111'AIII' IIII' I I II:I 11 til'I\I l'r III IIII III:IIy I'IIIII1111111111y'W ltd llM)IlcII IIIPI{N the 1,11'INIII VCrVilt1. 11n111NII11Y I~~' to un Ihgihlo Hwoidnµ aI YI Ilcutd haudo Ito lk han tior4icc . Ltoundmy. I•lum I'unnllvti Jc Idu 'loan hwacd nu l'ulliµuuux IYlrymllV L'7$ hlxll In`,Idf :llld IAII SI tk III Illy Ul b:lll kll'LC BUlllldlly 111 IIIL' Ncl Lk•ccluµlble Areu From t'olmlryv de Dutadl;ihe lhhan &rvi¢Blxuldaryto an Eligiiie Pecaring Sie lnsidethe Lkban Service Bauldlry, From a Parcel Lts than 500 acresin aze ata~ the lkban Service Boundary to an Eligble RatiVing Sile made or Quade the Urban Service Boundary Front Targlsed[~rY.55C'tttzt~_~i~Blt:=~t6ciwn8,5[r^~ik.'. ? 5 From HigherEducai~m uetoan 9igitle iReal'IneJlle 25 - ,wf ~ r k-- .From Facil'ticfpro~~IEd in c>nuxioa•iyith l}t S4r~ltic ` 25 ~n C'omlty AgTiculluul-fixarch ard'EduCSYOn'iftrli.:tn Eligilit Recdving Sin. ,!- From Crtard flnbi of '.. ~. I III .~~~L '... ,In El~ublc 25 Receilin4 Sir. From [nvirormrnlaiy..Sigldicarl Land-to`~r 'E[ipblc -~ RCiflNng fit. From Coumry9de roa Workforce lryOlta ng Unit Z~ •T he owner of a 500`:'acre parcel outside: the u5t3 proposes to build a -new Village. •A t least 75 percent of the site must be set aside as Countryside. •T he net development density must result in at least 625 dwelling units, and at least 50 units (8 percent) must be Workforce Housing units. •T ransferable development rights moved from the Countryside for use as Workforce Housing receives a multiplier of 2.5. The remaining land set aside for Countryside receives a multiplier of 1.25. 25 Parcel S¢e 'S00 iGnX ;°_ '. Net Developr~le Area ~ 125 acres ` Minimum Numler ofUnits i4~quircd 62S d+vcllingwis -.. Minimum Counrys deRcyui+cd (bum rysulc Pmei+lcd J75 uuxs Minimum Workforce Units Itequi red SO dwdlingunls Workforce Dwx Ping LLri15 Proposed S.l d++dling unis Dettsily of lMderlung Trdnsfcrable ChvdoNnen I dwrf ling uni per ace Nd)uc l7:urACia61r Ikvdupmcu ItiY.hs J75 IICfC3% I tl+vrling llni {)CrlrrC m. JAS d++allDlgunin Multiplcr l'or Wurklirrco Uwel~ng lMiu 2.5 MulGplrr (urt'uuuuYniJc L2S C'alcub+ion ufTr;msferatle DewlopnnnlRigks fw SJ dwdlingunis s 25 -- 1725 or Worklixce lhds 1 J3 crcdis t'alndniuu .d IYa nsli•rallc Ik+clopncm Itiglrs 1'or 775 dwCl ing Wlls - S1 Workl'orcc d++ctlng unis q C'ouw p~sida. J22d~wlling,unis 722 d++clling finis x<1.25 = 7025 nr 403 credis .:p+vcllingwusinhase zone of Net Devdop:i6t Area 125 acresal one dnellinguni persre= 125 dwelling unis ToIaID++ellinglhiilsPemiuedinVilage 125d++eltingunis+l33credis+403cred[s= 6G1 d+vcllingunis 26 •T he owner of a 1,000 acre parcel located outside of the:. USBprop_oses±to build;a:~n~w Town developrnent~~~ ~~' ' •A t least 60 percent of the site must be set aside as Countryside. •T he net development density must result. in at least 2,000 dwelling units: At least 160;units (8 percent}.must be Workforce Housing units._ •T ransferable development eights moved from the Countryside for use as Workforce Housing receives a multiplier of 2.5. The remaining land set aside for Countryside receives a multiplier of 1.25. P.vicel S¢e I,G00 arcs - Neflkvel bleArea 400 arcs Minimum Numtxr ofUni is Rc ui red 2,000 diJdli ~wis Mitumum Court1y51dG.1Zsqui redN~~; 600 acres Count ~dt Anttided 600arcs Minimum Work force Units Required I60dwcling veils Work force Dwa-in¢Units Ro d 160 dw>rlinqurits {1ellSlty of UndcdyingFDV Idwcline untlxrocrc Transferable Devd opmen Righs 600 flc[esz I dweiingunC per are a 600 dwellingunts Multipliertcx Workforce Lh~tliag Units 25 M1IuIG Il ier tort ounlrvsi de LS Calcuhtion ofTunsferabk perdopmert Ildl dwetlulg unis c? Ri bts lix Workforce lMits 4tz)cedils l'awFiliun ul' l'niulcrabk Ucvd opmcn f>VO dwelling wtil9 - loo Wurkl'urcC Rights far CounrysidC daellingurits ~440dwelingurits: - 410.dwclin;urilsxL6» 660.ccdit~ ~. DwYl Nng wtis inNet LkvelopaNp:Area-.. 400 acrcsat Idweling unl ~r arc= - - 400 dwelling ants Total fhvelling Units Pemised~n To~,n t,060crcdts + 40D dwelling urlis = 1,460 daeling wits This islets thantls 20W unis rc uitod. Nolc: 54U Ad~ao}l:'trcdu aegNyed•A The Lardownermay purchuseaddiiawl to Akel llc DCtroty Requicd to~Buid u crcdi is from other Imldowikrs in the Tosnl TVC Zone owsi~ ofllx lkban Sauce Boundary or may comtine with one or - - ~ more adjdning hndowners to lran5ftr - - ~ ~y. additioml deselopmen rights to the developatle arei w niul do density ,\ `` 27 • The buyer and seller of the I urc creaits wni suu~~~~~ ~~ application form provided by St. Lucie County, a metes and bounds description of the prgpertyfrom which the rights will be transferred, and a~ ,fot plan orsurvey, sh~©wing.total~~cre y ~ f th ~ e ~prope excepting . ~a~-moo, ~. .~ . _ - A~title se+at'~ ~ - ~ ~a: a -.~~'proposed D . _ a-~K e 1'op~ [ ~k~"andt. ~~ ~ign~Ea em~ent~ ~`.~. a~copyof`the~proposed Cors~~~ ; - •- Apreliminary=s=ubdiwsion plan~~~nd~cating the~fase~.. densityallowed,for;the'~5ite~the~:p[rpose, numE~er~and' size of lots ofthe site,~and the number ofTDR~credits to be applied to the site; • An agreement of conveyance for the development rights between the buyer and seller of the TDR credits.; and` • Anybonus (m ultiplier)developmentrights granted bythe County. Applicatio n Review by County •T -he `C.ountsl~l1~#~~~'; F}~ra eu~:;~-, tiY~l .... wr ~- ~`_ the:developrrtent:rlghts o .; he~.County~`Attomey's _^•~JS.. determination in~writingr~n~a~Letter of ~, - Interpretation, - •A ny appeals~of the. determination of the,County shall be made,;in accordancir.with theSt,~Lucie County ZoriingOrd~nancea~~~ ~, 28 ~ ' ' ~ ~~ ~ ~ ~, k .~hael Brillhart - ' VERLAY_ORDINANCE ST LUCIE C~ ' (2 .doc _ _ .__ , ~_ _e. ,_„__ , ___ __._ Page 1 DRAFT ST. LUCIE COUNTY TOWNS, VILLAGES, AND COUNTRYSIDE OItl)INANCI~ Section 1. PURPOSE. 1. In accordance with Florida State law and Sections of the St. Lucie County Zoning ordinance, this section establishes procedures by which transferable development rights are granted, conveyed, applied, and recorded, in the preservation of the 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 St. 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 TRANSr'ERAI3LE DEVELOPMENT 1)ENSI'I'Y WIT11 THE TOWNS, VILLAGES, AND COUNTRYSIDE AREA. 1. The location and boundaries of the Towns, Villages, and Countryside (TVC) 1 rdyC c_ niCtiael f3rillhart - 1 Tn~? I?vtKLAY UKUINHNIa 5 I_ l_Ul;it C:UUN i r t~~.aoc ., ., .._. -_,.-„-.--- •° -~---- _.._ _.__w,~. ~r ~,r `'~~ 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 Arca 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 cartilage 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 (Fifiure 3-3) of the TVC Element of the 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 ivncrtaei t~nnnaR - .i tKLHT VKUIIVHIVI.C J I LUI,IC VV' G).uul. ~, ay,°. y':!] _....._ w. _ ,.. ..~~ .r Section 3. OBLIGATION OF LANDOWNER TO CONVER TRANSFERABLE DEVELOPMENT DENSITY. 1. The conveyance of'I'runsfcrublc Density occurs solely un a voluntary basis. Landowners arc in no way compelled to convey their '1'rmislcrablc 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) aze 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 ~: Michael Brillhart - ~VtKLAY UKUiNHNLt 5 i l.u~it t; r (~l.aoc .i :-+_ , rage ~ r~ . .~~ i 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 St. 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 (i.e. two sides aze 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 of the Urban Service Boundary. 4 _ . Michael Brillhart - 1 '~~~ ^VERLAY ORDINANCE„ST LUCIE C~"'"'TV (2).doc ,_ y,_„ , _rage b ~. .~~ ~r ice.. i 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 IVlichael f~nllhart - ' VtKLHY UKUINHNLt 5 I LUl;lt L ' ('1 .tloc _ Page li ,~ 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 ~~ Villa~c or Town, at defined in this ordinance, on land they own within the TVC Arca. g. Subdividing parcels of S00 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 WTTH]IN THE RECEIVING 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: (1) 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 G NIICt1221 tirlllhart -' '' "~ ' ~VtKLHY UttUIIVHIVI..t J I LUDIC l.~ ~~ ~~~~ ~ `'„~L)•u,yu i raye ~ ~ _.._.____.._.___.___..~._~- - ~r ------ _._..__~ 1 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 from lands in the TVC Area inside the Urban Service Boundary, except from 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 neater 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 of TDR 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 VCKLHY UKUIIVHIVI,t J I LUlrit 1. ~G).000 rayv o ~~ Michael tsrmnart - ' ~ •~ - ~~ ~.~ I 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 of the St. Lucie County Comprehensive Plan, and shall not be required to acquire TDR Credits. 3. Calculation of TDR Credits The number of TDR Credits that a landowner can transfer from an eligible sending site to an eligible receiving site is calculated by multiplying the acreage of the sending site mid 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 S-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 'I'ablc 5-I, di(Tcrcnt portions of the sculling site may be atisigncd diC(crcnt 8 r ~ TnQ nVERLAY ORDINANCE ST LUCIE Cnl INTY (2~.doc Page 9' Michael F3rillhart - _.,.... _ _.__,._... _.. _._ ...,..... _, ._ .. . ~~ ~~ ~~ .. ORDINANCE ST l "~'^''~. , "" r~,`.dnc _... . _ Page 10' _ .. i~Aichael ter; - ~~ _-.~ -___ ~~ ~__ --- ~r ------- i i From Environmentally Significant Land to an Eliaibl_e 2_5 Receivin Sit From Coun ide to a Workforce Housin Unit 2_5 2. then the transferee has acquired TDR Credits for use within a TVC receiving ,I 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. I 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 i yield additional credits. c. Within the TVC Area located on contiguous property both inside and outside of I ~ the Urban Service Boundary, on a parcel that will create Countryside in conjunction with a i 'l'awn devclolmicnt, for each unit of'i'ransfcrable Density that is tihhrwcd fcn• amvcy.uicc. 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 ,~ . Michael f3rillhart- 1 '~° '"/tl-ZLAY UKUINANC;t 51 LUCJIt L~" ^' ~ `' ('L).ooc ,__„ ., „_,, ,, . ,., rage l i ire. ~~ ~~ I 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 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 arc 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 from TDV Ma l du/ac. Number of Existin>? Units 1 Transferable Density 20 ac. x I du./ac. - 1 du. = 19 du. Multiplier ~~iilCUlllll(111 O( I~l)I: ~~I'C(Illti I~~ ((Ill_:~_~_~~~? CI'C(~Ilti 11 ~. --- --- ~;~ . ,~: -.,~,-.. _ .-~ . rage. ~~,' Michael Brillhart -' ~ -VERLAY ORDINANCE ST LUGIE C'" _(?) _doc _ _ ...._.__,. ,. __..__._ __, _...,. .. ~._ ~. 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. T'he 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 I lousing is then nuiltihlicd by 2.S to yiclcl 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: 12 i1. • ~ ~~ -s ~ ~ ~ t ~~ ~~~ ~~ ~, ,.~T Na e 13 ', Michael Brillhart - " Tom" 'OVERLAY ORDINANCE 5T LUCIE_C Y (2)_doc _ _ .___ _,~ `--- ~r ~.' i Tahlc S-3. Txamnlc I3: Transferable Dcvclanmcnt Rights Transferred within a_1'arccl 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 Dwellin Units Pro osed 53 dwellin units Density of Underlying Base Zone 1 dwelling unit per acre Transferable Development Rights 375 acres x l dwelling unit per acre = 375 dwellin 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 Ri is for Workforce Units 133 dwellin 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 dwellin units Dwelling units in base zone of Net 125 acres at one dwelling unit per acre = Develo able Area 125 dwellin units Total Dwelling Untts Yermttteo m vitl a i» awciiiii u-uw T ~+~~ .,W~.,,..~ u...w 661 dwelling units _ f~xamplc C. 'I'hc owner of a 1,000 acre parcel located outside ol'the lJrbun Service I~oundnry, on which the owner proposes to build a new 'T'own devclopnicnL AI le~~sl (i(1 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 ~. TM, . IVIICfIdel C3flllfl8fl ^ VVCI"CLNT VRUUVMrvIrC J 1 LUDIC I I G UUV you ;, ~._.- ra C I:J IVIICn2el ttflllll8rt - " ...VtKLHY VKUIIVHIVI.C J luc_LUI..IC lam" ..... ... (L).000: _., ... _._ _. y ,_ _ ~~ ~~~ 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 Pro am under Ob'ective 3.1.7 g, Within the TVC Arca both inside or outside of the Urban Scrvicc 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 5.3.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 IS ~+ >~ _:` Michael Brillhart - ', VERLAY ORDINANCE ST LUCIE C doe Page 16 calculated. b. ~ rvey, 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 cartilage (1) Transferable Density rights attributed to the entire parcel, (2) the Transferable Density amibuted 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 i '~ landowner. The first landowner would retain Transferable Density on 500 acres.. 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 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 ' iVERLAY ORDINANCE ST LUCIE C >' (2 ,doe r __ ,, _... ., , _ Page 17 ;. I Michael Brillhart - , _. _., ~_. __.,_ __. _.__,~.. i e. For landowners of parcels of 500 or more acres, a preliminary subdivision plan a 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 Crcatc 1-labitat 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 of 90 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 of lots of the site to remain on the site, and (5) the use of the newly platted lots (agricultural or single family residential); and 17 '~, Michael Brillhart - _ _ _ _, . ._.__~._._..-.__~._.__._. .__ Pa a 18 Y;ORDINANCE ST~LUCIE C`wt' (2).doc , . . , _ 9_ . __ 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 of TDR 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. I The County shall also determine, with the advice of the 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 of TDR 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 of TDR 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 ,., ,.,T Page 19 f i Michael Brillhart - " --~ 1VERLAY ORDINANCE ST LUCIE C Y (2),doc _ _ . _. ,,,_ -. . ...,..~..e~K_ .. __,..x,,,..... .~~r i~ ..~~ 3. Review, Final Approval, and Recording of TDR 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 pcnnitted dwelling units per acre beyond that of the base permitted da~sity: 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 of TDR 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 of the 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 Michael. Brillhart - '~_~VERLAY ORDINANCE ST LUCIE C~ ~ (21.doc _ _ ~ Page 20 ~ environmental preserves. . 3. Any Conservation Easement shall designate St. Lucie County as a third party beneficiary of the 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 from less than the entire parcel, the plan prepared in accordance with Section 6.1.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. All lien holders of the tract from 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 of TDR 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 of TDR Credits 20 _ _- --- -. Pa e 21 . ._- ni m~-rY 9____ _ - _..., . - Michael Brillhart -' Tno OVERLAY ORDINANCE ST LUCIE_G _ (2~.doc __. ,.,_ _... _. ~~r . `~~ ""~. 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 TDR 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 of TDR Credits shall have any claim against. the County for damages resulting from a change in this Ordinance relating to the regulations governing the ap}~ortionmcnt, transfer, and use of TDR 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 Michael Brillhart ~~OVERLAY ORDINANCE ST LUCIE r..~fY_(2).doc Naae 'L'l jurisdiction, the remainder of the ordinance shall not be invalidated. SECTION 12. DEFINITIONS. Al;riculturc: 'lhe 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 of Interpretation (LOT). 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 pazks and similaz 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%) of the required amount of ~~ ,,, ,.,T Pa e 23'~ Michael .5rillhart - ' '~~~ OVERLAY ORDINANCE ST LUCIE C' Y (2).doc_ _ _ _,__ ,~u~. ~~~.__._,r _~ .- ~~ r 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 of municipal 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 Michael Brillhart - VERLAY ORDINANCE ST LUCI_ ' (21.doc the Countryside land. Letter of Interpretation (LOn: An official letter from St. 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 again. 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 maybe 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~ '? 4 rage ~5 Michael Brillhart - ~ -rnR QVERLAY ORDINANCE ST LUCIE COUNTY (2) doc _ _~~~,_M_~ ,;___ ,.._.... .__~_.~.:.:._ __,_ - ~~ 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 number 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 rage ~b { it Michael Brillhart -. )VERLAY ORDINANCE ST LUCIE C Y (2).doc _ _ _ _ - ~. ~~~ 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 cnnn<it claim :I vinlati(rn (1~111C ,l(ISt C(1mpCnSat1On CIaUSC jO~t11C 1'I('tll nmCnClm4n11 llnll) it has used the procedure and been denied just compa~sation." "This finding, sut;~csts 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