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Home My WebLink AboutAgenda - 03-15-2005-5kORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 15, 2005 Action Ager~a Item No. __~ SUBJECT: Orange County Transfer of Development Rights (TDR) Task Force Formation DEPARTMENT: Board of Commissioners PUBLIC HEARING: (Y/N) No ATTACHMENT(S): TDR Study Time Frame Public Service Announcement TDR Task Farce Composition Memo INFORMATION CONTACT: Donna Baker, ext, 2130 Craig Benedict, ext 2592 Glenn Bowles, ext. 2577 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To approve the formation of the Orange County Transfer of Development Rights (TDR) Task Force and authorize the Clerk's Office to advertise for volunteer Task Force members. BACKGROUND: On March 1, 2005, the Board of County Commissioners approved the contract with the Louis Berger Group, Inc. (including the UNC-Charlotte Urban Institute) to complete Phase I and Phase II of a scope of services to assess the feasibility of a TDR program in Orange County. The Board had selected the Louis Berger Group, Inc. on December 14, 2004. The following provides the general project approach for the TDR study, to which the Task Force will provide direction, including its mission, potential issues and questions for discussion, its geographic extent, timeframe, and the suggested Task Force composition. Support for this Task Force will came primarily from the Planning and Inspections Department, with close support from Economic Development and Environmental Resource Conservation, OBJECTIVES 1. To sustainably balance n~ral and urban areas; 2, To direct growth and development away from important natural and cultural resources and towards areas more able to support municipal services and urban densities; 3, To provide working farms with an alternative income potential; and 4, To link zoning densities to comprehensive plan goals and policies, ISSUES AND QUESTIONS Possible issues that Task Force members should discuss might include the following: • Multi-jurisdictional program possibly involving Chapel Hill, Carrbora, Mebane, and/or Hillsborough. • Is the public purchase of a conservation easement equivalent to the public purchase of a property's development rights? • Multiple owners in a single sending zone? • Density means the number of development rights originating from an individual parcel. • When a development right is used, how shall it be extinguished? • Development rights certificates cannot be transferred into another area defined as a sending zone, • The nature of the easement placed on the sending zone parcel after transfer should allow staff to resolve any zoning ordinance violation (i,e., derelict structures, junk and debris, multiple residential structures, and the like) before recording the easement, • Equity of price of densities purchased weighted against the value of the densities transferred, • Design guidelines for the receiving zone should be established. • Establishment of a planning management procedure to transfer and to develop property rights. • TDR certificates, • Is down zoning needed, and if so, where? • Will rezoning be required or can this be accomplished administratively? • Will the sending and receiving zones need to be down zoned or can it be accomplished with the present situation? • Is there an economic market with sufficient vitality to sustain a Transfer Program? • How do we compare the Orange County real estate marketplace to other communities with successful programs? • What incentives must Orange County provide to initiate a TDR program? • Are all TDR densities (development rights) equal in value? • Conversion of residential development rights to commercial development rights, • TDR information clearinghouse -who has them and who wants them, linking the two interests. • Where will the land bank reside or where is the rights pool? • How should the public, real estate and development interests be made aware of the TDR program? • The acquisition of additional computer software to aid in the public discussion of the TDR application in Orange County. • Consistency and coordination with the County's Lands Legacy Program • Provide equity to property owners to compensate them for releasing their development rights, • Explore the possibility of enlarging the market for receiving zones to areas outside of Orange County GEOGRAPHIC EXTENT The geographic extent for the TDR study includes all un-incorporated areas of the County, but could include one or more of the four towns and their extra territorial zoning jurisdictions. TIMEFRAME The TDR feasibility study is anticipated to be ten months, starting from March 12005, The study has two phases as follows: Phase I (Background Research and Data Gathering) -- 3 months Phase II (Generate & Review TDR Options {Feasibility Study and Concept Plan} - 6 months COMPOSITION To initiate and sustain a public TDR outreach program, the BOCG will appoint a TDR Task Force. Staff will develop a table detailing the number and category of representation based on approval to proceed at this meeting. FINANCIA<_ IMPACT: None. RECOMMENDATION(S): The Manager recommends that the Board approve the formation of this Task Force and authorize the Clerk's office to advertise for Orange County citizen volunteer Task Force members, Projected Timetable for TDR Phase I -Background Research and Data Gathering Collect and Review documents and data files ............ ................March 7- May 1, 2005 Develop a Public Engagement Process Plan,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,March 7-June 5, 2005 Research and analyze relevant TDR case studies ...... ................March 7-June 5, 2005 Research and analyze NC case law ......................... ................March 7-June 5, 2005 Conduct Key Person interviews .............................. ................April 4 -June 5, 2005 Analyze Property Values and Market Trends ............. ..................April 4 -June 5, 2005 Summarize preliminary issues and opportunities ........ ...............April 18-May 22, 2005 Review Results,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,May 2 -- May 22, 2005 Meet with Task Force to review planning process ....... ...............May 23-May 29, 2005 Phase 2 -Generate and review TDR options Asses potential sending areas ........................................ ......June 6 -Sept 11, 2005 Meet with County Planning Staff to review agenda and materials prepared for Task Farce and Public Meeting,,... .....June 13-.)une 19, 2005 Meet with task force to review Phase I and Phase II results and to prepare for (4) ................................................ .....June 20-June 26, 2005 Public Meetings ............................................................ .....June 27 -July 3, 2005 Assess potential receiving areas ...................................... .........July 4 -Oct 2, 2005 Determine overall economic viability of TDR market ............ .........July 4 -Oct 2, 2005 Meet w/County Planning Staff to review agenda and materials for Task Force ............................................ .........Aug 1 -Aug 7, 2005 Meet with task force to review Phase I and Phase II results and to prepare for (4) ................................................. ......Aug 8 -Aug 14, 2005 Explore TDR implications for PDR, other programs ............. ......Sept 12 -Nov 6, 2005 Prepare Summary Feasibility Report,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,Sept 12 -Dec 4, 2005 Meet with County Planning Staff to review agenda and materials prepared for Task Force and Public Meeting.,,.. ...Sept 12 -Sept 18, 2005 Meet with task farce to review Phase I and Phase II results and to prepare for (4) ................................................ ...Sept 19 -Sept 25, 2005 Public Meetings,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,Sept 26 -Oct 2, 2005 Assess issues, constraints, opportunities ........................... .........Oct 3 -Nov 6, 2005 Finalize feasibility decision flowchart ................................ ........Oct 3 -Nov 6, 2005 Meet with County Planning Staff to review agenda and materials prepared for Task Force and Public Meeting....,, ...,...Oct 31 -Nov 6, 2005 Public Service Announcement Date: March 16, 2005 From: Monica C. Evans To: Community Churches Subject: Orange County Transfer of Development Rights (TDR) Task Force The Orange County Board of Commissioners is recruiting citizen volunteers far the Orange County Transfer of Development Rights (TDR) Task Force. This task force will evaluate the feasibility of establishing a TDR program in all or portions of the county that addresses: 1. Sustainably balancing rural and urban areas, 2, Directing growth and development away from important natural and cultural resources and toward areas more able to support municipal services and urban densities, 3. Providing working farms with an alternative income potential, and 4, Linking zoning densities to comprehensive plan gcals and policies. Possible issues that Task Force members should discuss might include the following: • Multi jurisdictional program possibly involving Chapel Hill, Carrboro, and/or Hillsborough, • Is the public purchase of a conservation easement equivalent to the public purchase of a property's development rights? • Multiple owners in a single sending zone? • Density means the number of development rights originating from an individual parcel, • When a development right is used, how shall it be extinguished? • Development rights certificates cannot be transferred into another area defined as a sending zone. • The nature of the easement placed on the sending zone parcel after transfer should allow staff to resolve any zoning ordinance violation (i,e., derelict structures, junk and debris, multiple residential structures, and the like) before recording the easement, • Equity of price of densities purchased weighted against the value of the densities transferred. • Design guidelines for the receiving zone should be established. • Establishment of a planning management procedure to transfer and to develop property rights. • TDR certificates. • Is down zoning needed, and if so, where? • Will rezoning be required or can this be accomplished administratively? 6 • Will the sending and receiving zones need to be down zoned or can it be accomplished with the present situation? • Is there an economic market with sufficient vitality to sustain a Transfer Program? • How do we compare the Orange County real estate marketplace to other communities with successful programs? • What incentives must Orange County provide to initiate a TDR program? • Are all TDR densities (development rights) equal in value? • Conversion of residential development rights to commercial development rights. • TDR information clearinghouse -who has them and who wants them, linking the two interests, • Where will the land bank reside or where is the rights pool? • How should the public, real estate and development interests be made aware of the TDR program? • The acquisition of additional computer software to aid in the public discussion of the TDR application in Orange County. • Consistency and coordination with the County's Lands Legacy Program • Provide equity to property owners to compensate them for releasing their development rights, • Explore the possibility of enlarging the market for receiving zones to areas outside of Orange County I encourage all Orange County residents who are interested in the concept of a TDR program to apply for this task force, Included are fie (5) volunteer applications. Any additional people who are interested in applying for this or other Volunteer opportunities may visit the Orange County Web Site at www.co.orange.nc.us and apply on-line or download an application in Adobe,pdf format by clicking on the "Volunteer Boards" icon. You may also contact the Office of the Clerk to the Board at 245 2125 or email at mevans(a~co.orange.nc.us to request that an application be mailed to you.. Thank you, Monica C. Evans Assistant to the Clerk to the Board MEMORANDUM To: Board of County Commissioners, County Manager From: Craig Benedict, Planning Director Date: March 11, 20Q.5 Subject: TDR Task Force Composition Staff suggests that the BOCC consider the following list of potential citizen volunteering representing possible boards and areas of expertise or interest. Representation from several of the boards could come from existing board members. Whether the particular area has one or more representatives would depend on BOCC directives. Representing Person(s) 1 Orange County Planning Board 2 1-2 Orange County Board of Commissioners 1-2 Real Estate Interests 1-2 Hillsborou h Cit Utilities 1-2 Oran a Water and Sewer Authorit 1-2 Natural Areas/watershed advocate(s) 1-2 Agricultural advocate(s) 1-2 Real estate development industry 1-2 Banking/financial institutional representative(s) 1-2 Att orney(s) 1-2 Ch b f C am er(s) o ommerce 1-2 "Receiving" community representative(s) 1-2 Oth ers