HomeMy WebLinkAboutAgenda - 04-12-2005-9bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM AB5TRACT
Meeting Date: April 12, 2005
Action Age ~a
Item No.
SUBJECT: Orange County Transfer of Development Rights (TDR) Task Force Formation
DEPARTMENT: Board of Commissioners PUBLIC HEARING: (YIN) No
ATTACHMENT(S):
Projected Timetable far TDR
Public Service Announcement
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 Bcard 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, and timeframe.
Staff support for this Task Force will come primarily from the Planning and Inspections
Department, with close coordination from Economic Development and Environment Resource
Conservation.
Task Force members may be chosen from the following general sectors, including but not
limited to: local governments, advisory boards, banking and finance industry, private sector
community groups, utilities and developers, The number of participants from each sector is not
being suggested at this time.
Appointments may be scheduled for the May 17, 200.5 regular BOCC meeting,
OBJECTIVES
1. To sustainably balance rural 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, Carrboro, 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, haw 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 stn~ctures, 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 passibility 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 1, 2005. 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
FINANCIAL IMPACT: This action includes advertising casts in the Clerk's office at this time.
The formation and operation of the Task Force in the near future will include programmed
consultant time, which is part of the approved contract, In addition, the eventual Task Force will
take an appreciable amount of Planning Staff hours and same operating expenses to support
the Task Farce activity.
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.
4
Projected Timetable for TDR
Phase 1-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 ................. .... March 28-May 7, 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 4, 2005
Meet with County Planning Staff to review agenda and
materials prepared for Task Force and Public Meeting,.,, ....,.June 13-June 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, 200.5
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 5 -Nov 6, 2005
Prepare Summary Feasibility Report ............................... .........Sept 5 -Dec 4, 2005
Meet with County Planning Staff to review agenda and
materials prepared for Task Force and Public Meeting .... ............Oct 3 -Oct 9, 2005
Identify mechanisms for creating TDR program .................. ........Oct, 3 -Nov, 6, 2005
Meet with task force to review Phase I and Phase II results
and to prepare for (4) ............................................... ........Oct 10 -Oct 16, 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: April 13, 2005
From: Monica C. Evans
To: Various Stakeholders
Subject: Orange County Transfer of Development Rights (TDR) Task
Force
The Orange County Board of Commissioners is recruiting citizen volunteers for
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, 5ustainably 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 goals 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 parceh
• 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?
• Haw 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