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Board of County Commissioners

Board of County Commissioners. Horizon West Adequate Public Facilities & Transfer of Development Rights Code Update Adoption Public Hearing. Chapter 30, Article XIV. February 11, 2014. APF / TDR Code Update. Presentation Outline Part 1: Adequate Public Facilities (APF)

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Board of County Commissioners

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  1. Board of County Commissioners Horizon West Adequate Public Facilities & Transfer of Development Rights Code UpdateAdoption Public Hearing Chapter 30, Article XIV February 11, 2014

  2. APF / TDR Code Update Presentation Outline • Part 1: Adequate Public Facilities (APF) • Part 2: Transfer of Development Rights (TDRs) • PZC Recommendation • Requested Action

  3. APF / TDR Code Update • What are APFs? • Land and facilities needed to support the efficient delivery of services for development in Horizon West: • - Utilities • - Roads / Transit • - Parks • - Schools • - Fire Rescue

  4. APF / TDR Code Update • APF Methodology • - Projects are required to satisfy their proportionate share of APF lands • - Requirements are based on the ratio of net developable acres to APF acres (per Village) • - Projects either have a surplus or deficit • - Deficient owners obtain APF acreage credit from surplus owners, or provide a fee to the County • - Tracked on PD/LUP and may be enforced through an APF Agreement

  5. APF / TDR Code Update • Overview of APF Updates • - Added APF Ratios for Villages F, H, I and Town Center • - Simplified Methodology Language • - Revised Timing of Property Conveyance • - Recognized that APF Agreements may be amended at PSP or DP

  6. APF / TDR Code Update • What is Transfer of Development Rights? • Tool used for the preservation of undeveloped cultural or environmental areas • - TDR Credits are development rights that may be transferred (or sold) for use on other parcels • - TDR Credits are derived from Upland Greenbelt and Wetland “Sending Areas” • - TDR Credits are used to increase or decrease required density in “Receiving Areas”

  7. APF / TDR Code Update DEVELOPMENTRIGHTS $ DECREASE OR INCREASE REQUIRED RESIDENTIAL UNITS

  8. APF / TDR Code Update • TDR Methodology • 1 TDR Credit = 1 Residential Unit • Upland Greenbelt acreage is awarded greater TDR Credit than Wetland acreage • TDR Credits are tracked on PD/LUP and enforced through a private TDR Agreement • TDR Credits are only transferable within the SAP in which they are obtained • TDR ratios vary by SAP, but are tied to neighborhood elementary school capacity

  9. APF / TDR Code Update • Overview of TDR Updates: • Added TDR Ratios for Villages F, H, I and Town Center • Added applicable density ranges for newer residential districts

  10. APF / TDR Code Update Revisions & Clarifications to Current Draft Ordinance

  11. APF / TDR Code Update REVISIONS / CLARIFICATIONS Page 6, Line 204: Change the word “or” to “and” Page 9, Lines 299 – 303: (a) As a condition of approval for any Village Planned Development/Land Use Plan (PD/LUP) or Town Center Planned Development/Unified Neighborhood Plan (PD/UNP), a developer shall convey the appropriate APF lands shall be conveyed as established in the SAP. The ratio of land…….

  12. APF / TDR Code Update REVISIONS / CLARIFICATIONS Page 10, Line 353, 355, and 357: Revise the phrase “APF credits” to “APF acreagecredits” Page 10, Lines 356-357: “….the subject property owners/developers shall purchase obtain required APF acreage credits….. Page 10, Line 358: “….in lieu of purchasing credits from paying a fee to the County pursuant to subsection (d) above.”

  13. APF / TDR Code Update REVISIONS / CLARIFICATIONS Page 15, Line 496: Change the word “and” to “or” Page 15, Line 501: Change the word “and” to “or” Page 17, Lines 580 - 581: (2) “Each acre of receiving area must propose the conceptual density transfer at PD submittal, and acquire any necessary TDR credits prior to PD approval and/or amendment, and provide a .……

  14. APF / TDR Code Update REVISIONS / CLARIFICATIONS Page 17, Line 597 - 598: (2) Without TDRs, a PD rezoning would require this property to be developed with sixty (60) DU/net developable acre. Page 19, Lines 643 - 646: A PD condition of approval shall preclude the issuance of any development permits will not be issueduntil the TDR credits are presented to and accepted by the county. Page 21, Line 701: “….covenant or the appropriate instrument easement.”

  15. APF / TDR Code Update • PZC Recommendation: • (November 21, 2013) • Made a finding of consistency with the Comprehensive Plan and approved the proposed ordinance amending Chapter 30, Article XIV of the Orange County Code, addressing Adequate Public Facilities (APFs) and Transfer of Development Rights (TDR). • -

  16. APF / TDR Code Update • Action Requested: • Make a finding of consistency with the Comprehensive Plan, • Determine that this ordinance will not have a substantial economic impact on development within the County, • Approve the proposed ordinance to amend Chapter 30, Article XIV, as amended today, • and • Authorize staff to correct any scrivener’s or formatting errors during the preparation of the final ordinance. • -

  17. Board of County Commissioners Horizon West Adequate Public Facilities & Transfer of Development Rights Code UpdateAdoption Public Hearing Chapter 30, Article XIV February 11, 2014

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