HomeMy WebLinkAboutAgenda - 05-24-2007-2ORANGE COUNTY
BOARD OF COMMISSIONERS
WORK SESSION AGENDA ITEM ABSTRACT
Meeting Date: May 24, 2007
Action Agenda
Item No. c~
SUBJECT: Transfer of Development Rights (TDR) Implementation
DEPARTMENT: Planning and Inspections
PUBLIC HEARING: (Y/N) No
ATTACHMENTS:
TDR Program Development Timeline
Program Summary
Program and Administrative Design
Options
INFORMATION CONTACT:
Craig Benedict, Planning Director, 245
2592
Glenn Bowles, 245 2577
PURPOSE: To consider consultant's presentation of TDR program and administrative design
options on strategic elements of the County TDR program and'to give staff and the consultant
further direction regarding such.
BACKGROUND: The BOCC retained The Louis Berger Group and the University of North
Carolina -Charlotte Urban Institute to complete Phase III of the TDR study. The Phase III
studies are a continuation of the first two phases (background data collection and feasibility),
which Berger and the Urban Institute completed in the fall of 2006.
Staff has continued to work with The Louis Berger Group since their contract was amended in
November 2006 to include Phase III work to define specific program and administrative design
issues. The Environmental Resource Conservation Department and the County Attorney have
been consulted on all aspects of these issues. The consultants made an informational
presentation to the Planning Board on March 7, 2007. Members of the Planning Board,
Affordable Housing Advisory Board, the Agricultural Preservation Board, the Historic
Preservation Commission, the Commission for the Environment, the Economic Development
Commission met with the consultant and Planning staff on April 23, 2007 to review the TDR
program'and administrative design options.
FINANCIAL IMPACT: There is no financial impact associated with this item. If implementation
occurs within the upcoming fiscal year, Planning Department staff can handle the initialization of
the program, as tentatively designed.
RECOMMENDATION: The County TDR staff team recommends that the Board consider the
consultant's suggestions regarding TDR program and administrative design options of the
County TDR program and provide. the consultant and staff direction on the issues discussed.
TDR Program Development Timeline
Contracting Process
June 23, 2004 BOCC authorizes issuance of RFQ to professional planning consultants to develop a
countywide TDR program.
July 6, 2004 RFQ posted on APA national and North Carolina Chapter websites.
Aug. 13, 2004 Deadline for RFQ responses. Five were received.
Sept. 8-13, 2004 Interviews at the Governmental Service Center.
Oct 13, 2004 Finalists (Freilich; Lehner & Carlisle/James Nicholas/J, J, & G and Louis Berger/UNC
Charlotte Urban Institute) are selected and additional questions are sent.
Nov. 22, 2004 BOCC selects Louis Berger/UNC Charlotte Urban Institute
Mar. 2005 BOCC approves consultant contract for Phases I and II.
June 23, 2005 BOCC appoints TDR Task Force.
June 27, 2006. BOCC receives the consultant's TDR Feasibility Study draft report and affirms the
recommendation of the TDR Task Force that the process of designing a TDR program
should go forward.
Sept. 19, 2006 BOCC approves contract with Louis Berger/UNC Charlotte Urban Institute to conduct
Phase III of the TDR program development.
Nou. 2, 2006 BOCC approves budget for Phase III of consultant contract.
Dec. 19, 2006 Orange County staff give consultant formal notice to proceed with Phase III.
TDR Program Development Process
Phase I and Phase II were both completed in June 2006, with deliverables accepted by BOCC in October 2006.
Deliverables can be found at http:/lwww.co.orange.nc.us/planning/TDR_files/index.html. .
Available New to
Delivered on web NC
Phase 1-Background Research and Data Gathering
A. Property values and market trends analysis Oct. 2006 Yes No
B. Draft Feasibility Decision Flowchart .Oct. 2006 Yes No
C. Public Engagement Process Plan Oct. 2006 Yes No
D. Legal assessment Oct. 2006 Yes Yes
E. Case studies of other TDR programs Oct. 2006 Yes Yes
F. Key stakeholder interviews Oct. 2006 Yes Yes
Phase II -Feasibility Study and Concept Plan
A. Assess Sending Area potential Oct. 2006 Yes Yes
B. Assess Receiving Area potential Oct. 2006 Yes Yes
C. Determine overall economic viablity Oct. 2006 Yes Yes
D. Assess issues, constraints and opportunities Oct. 2006 Yes Yes
(legal, administrative, financial)
E. Finalize Feasibility Decision Flowchart Oct, 2006 Yes Yes
F. Identify impacts of TDR on existing county programs Oct. 2006 Yes Yes
Phase III • Program Design and Implementation Plan
A. Program Design Options Ongoing Not yet Yes
B. Administrative Design Options Ongoing Not yet Yes
C. Implementation Plan Upcoming Not yet Yes
D. Ordinance Development Upcoming Not yet Yes
3
Phase III -Program ®esign and Implementation Plan
®etailed Summary
Key Components
TDR Goals & Objectives
TDR Implementation Plan
Adoption of TDR Ordinance
Status
Complete
Ongoing
Upcoming
TDR Goals & Objectives
Complete
Worked with the Board of County Commissioners on Feb. 12, 2007 to identify and prioritize the following:
1. Land Preservation Priorities: Focus on agriculturally productive land and land with environmental merit,
such as stream buffers, wetlands, watershed supply areas, and natural habitat areas.
2. Growth Management Priorities: Encourage denser development where public services can be
cost-effectively provided and elevate design requirements for denser development.
3. Municipal Participation: Do not rely on municipal participation but allow for it in the future.
4. State Enabling Legislation: Rely on existing local government authority to regulate land development
rather than waiting for statewide TDR enabling legislation.
5. Transaction Process: Allow for administrative approval for most TDR transactions, with provision for
Planning Board and/or County Commission approval for unusual or complex situations.
TDR Implementation Plan Ongoing
A. Program Design Options
1. Designate Strategic Rural Areas and Strategic Growth Areas Complete
Map boundaries and establish participation eligibility criteria
2. Refine Economic Analysis & define TDR credit allocation formulas Ongoing
Develop formulas for Strategic Rural Area credits and Strategic Growth Area density
bonuses, balance formulas to create a workable market.
3. Finalize formulas and other requirements (e.g., design guidelines, etc.) Upcoming
B. Administrative Design Options
1. Outline how TDR will modify existing development approval process Complete
2. Discuss with local developers the administrative and market feasibility for TDR Complete
3. Explore use of Development Agreements to streamline TDR approval process Ongoing
C. Implementation Plan Ongoing
D. Ordinance Development Upcoming
Adoption of TDR Ordinance Upcoming
Board of County Commissioners will vote following public notice and public hearing
4
Program and Administrative Design Options
Each line represents a spectrum of options in designing a TDR program.
The diamond represents where the preliminary Orange County program lies.
Sending Area
Designation (III A)
few Credits
Focused Area .
Sending Area
Credit Calculation (III A)
Base Density
Credits Only
Receiving Area
Designation (III A)
Few Areas
Strict Design Guidelines
Receiving Area
Credit Calculation (III A)
Base Credits
Only
Interaction with
Sending Area
Landowner (III B)
Developer
Administrative
Design (III B)
Low Government
Involvement
(Free Market)
Legal
Authority (III B)
Many Credits
Broad Area
Additional Credits
for Farming,
Natural Areas
Many Areas
Few Restrictions
Additional Credits
for Affordable Housing
and LEED Certification
Government
High Government
Involvement
(TDR Bank)
Use Existing Get State Enabling
Ordinances and Legislation
Authority
Program
Participation (III B)
Orange County Add Municipalities County +
Only Later Municipalities