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Agenda - 06-27-2006-7b
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Agenda - 06-27-2006-7b
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8/29/2008 6:00:34 PM
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8/29/2008 9:37:19 AM
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BOCC
Date
6/27/2006
Document Type
Agenda
Agenda Item
7b
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Minutes - 20060627
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\Board of County Commissioners\Minutes - Approved\2000's\2006
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Orange County Transfer of Development Rights Feasibility Study <br />OR4FT Technical P7emorandum No. 2: Summary of Findings and Recommendations <br />There are some legal limitations on how the County may create and operate a program <br />that accomplishes a transfer of development rights from one property to another (a TDR <br />program): <br />The County can rely on its existing authority to: <br />• Purchase conservation easements from private property owners; <br />• Award density bonuses for provision by a developer of amenities public <br />facilities or other public services identified by the County as going beyond the <br />minimum requirements established in its ordinances For land development and <br />that serve the public good and help the County meet its land use and other <br />public policy goals and obiectives; <br />• Adopt land use regulations to: <br />o Designate areas or properties eligible to sell conservation easements to <br />the County (Sending Areas) and areas or properties eligible to receive a <br />density bonus (Receiving Areas); <br />o Establish minimum eligibility criteria for Sending Area properties; <br />o Establish maximum density bonus limits for Receiving Area <br />properties; and, <br />o Establish varying levels of Receiving Area density bonus for easements <br />on different Sending Area properties, based on the extent to which a <br />property meets or furthers important County policy objectives. <br />tether these existing authorities allow the County to create a program that <br />effectively accomplishes a transfer of development rights from one property to <br />another. <br />13 <br />Deleted: payment of afee-In-lieu-of <br />provision of open space within the <br />County's~unsdicdon <br />Unless it obtains special authorization from the General Assembly, the County may <br />not: <br />Allow development rights to "float" (without being immediately attached to a' Formatted: emiets and Numbering <br />Receiving Area property once they have been severed from a Sending Area <br />property through a conservation easement); <br />Unless it obtains special authorization from the General Assembly. the County <br />should avoid: <br />Establishing ore-set easement acquisition prices and ore-set density bonus <br />fees instead the County should allow private market negotiations <br />between Sending and Receiving Area property owners to determine the dollar <br />value of the transactions while the County determines the amount of density <br />bonus awardable for meeting specified Sending Area preservation criteria <br />~ Municipalities may enter into agreements with the County to participate in a TDR~ <br />program that fits the parameters outlined above; <br />• However, municipalities may prefer to obtain special authorization from the <br />General Assembly clarifying that their authority to award density bonuses for <br />provision by a developer of protected open spacePxtends to open space hat <br />is provided outside of their jurisdiction and in a location not adjacent to or <br />within walking distance of the property receiving the density bonus, <br />Formatted: Bullets and Numbering <br />Formatted: Bullets and Numbering <br />Deleted: payment of a fee-In-lieu-of <br />provision of open space <br />Deleted: ~~ <br />~ ,: ,; .., <br />
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