HomeMy WebLinkAboutAgenda - 06-23-2004-10aORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 23, 2004
Action Agenda
Item No. ~O-Q
SUBJECT: Request for Qualifications (RFQ) to Professional Planning Consultants for the
Development of a Countywide Transfer of Development Rights (TDR) Program
DEPARTMENT: Planning and Inspection PUBLIC HEARING: (Y/N) No
ATTACHMENT (S):
Timeline of TDR-related County
Activities
INFORMATION CONTACT:
Craig N, Benedict, Director, ext. 2592
Glenn Bowles, Planner II, ext, 2577
Proposed Concept far a Transfer of TELEPHONE NUMBERS:
Development Rights Program, 2004 Hillsborough 732-8181
BOCC TDR Goal Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To present a timeline and procedure to BOCC regarding distribution of an RFQ to
professional planning consulting firms within the region and nationally.
BACKGROUND: Since 1979 with the report of the Agricultural Task Farce, Orange County has
been considering programs to assist the continuation of working farms and the farm economy,
Two of the more recent results of this on-going public initiative are the creation of voluntary
agricultural districts and the purchase of private development rights through the Environment
and Resource Conservation Department's acquisition program, Public discussions continued to
expand this concept and began to include a transfer of development rights concept from
discussions of the Rural Character Study Committee. The BOCC adopted a TDR goal and
expressed interest in pursuing a program to explore its implementation,
The regional and national distribution of an RFQ should attract several professional firms to
submit a Statement of Qualifications to provide services addressing the feasibility of such a
program in Orange County„ From this initial invitation, one or more firms may be selected to
submit a more detailed scope of services for a TDR feasibility study, The initial study to
develop TDR feasibility may include a legal framework, program criteria, market evaluation,
administrative procedures, and public information/community outreach concept.
Possible Study Goals could include:
1. Directing growth and development activities away from important natural and cultural
resources,
2. Shifting and converting rural to non-residential urban growth and development activities
toward areas supported by efficient public services at urban densities,
3, Providing working farms with an alternative income potential,
4, Preserving the rural Orange County character and sense of place,
5. Protecting drinking water resources.
6. Overarching balance and preservation of both rural and urban resources to create a
sustainable program of growth and identifying constraints and potentials.
The proposed process is as follows:
1) An RFQ review team consisting of Planning Department, ERCD, Economic Development
Commission, County Engineering and Purchasing representatives will work toward
evaluating a qualified consultant.
2) The more specific work products and development feasibility of the program may be
through a work group as determined by the BOCC. The Planning Board Chair and Vice
Chair have expressed interest in assisting in the review of the parameters of a possible
program.
3) Should the BOCC determine that a TDR program is feasible, negotiations would be
initiated to develop specific ordinance language and explore possible Zoning Ordinance
amendments, as needed to implement the program.
RFOs will be sent over the summer and responses brought back to the BOCC in September or
October for consideration and possible action.
FINANCIAL IMPACT: Because the documents will be distributed regionally through the North
Carolina Chapter of the American Planning Association website and the American Planning
Association's consultant website (www.planning.org), no immediate cast for distribution of the
RFQ will be realized.
Should the Board determine that retaining the selected firm to complete the scope of services is
in the best interest of the public health, safety, and welfare, there will be a financial obligation to
compensate the firm for its services. The exact dollar amount is not known, but at this time
$40,000 is proposed in the next fiscal year's budget.
RECOMMENDATIONS: The Administration recommends that the Board receive this report
and provide any comments ar feed back to staff prior to staff's submittal of the RFQ for regional
and national distribution to professional planning consulting firms.
Orange County Planning Activities
Related to a TDR Program 1979 to 2004
1979 to 1981. The Agricultural Task Force Report
1986. North Carolina General Assembly Passage of Agricultural Advisory Boards
Enabling Legislation
1987. BOCC Appoints an AgricLilhiral Districts Advisory Board
1987 to 1990. Joint Planning Activities with the Towns of Cazrboro and Chapel Hill
1989. Rural Area Study Committee Report
1990. First Agricultural Districts Advisory Committee
1991. Triangle .J Council of Governments Land Use Advisory Comrnittee's Open Space
Strategies Subconunittee Report
1992. First voluntary agricultural district designated
199:3. Rural Character Study Committee report
1994. Public Hearings regazding the creation of a County Purchase of Development
Rights Program
1994. Farmland Preservation Bond defeated
1995. Robbins master's thesis, "A Transfer of Development Rights Prograzn for
Fazmland Preservation in Orange County, North Carolina"
1998. Rodiger master's thesis "A Development Management Program for Implementing
a Transit Oriented Development (TOD) in Orange County, North Carolina."
1998. Enviromnental and Resource Conservation Department established
2004. County Comprehensive Plan Development
Sponsoring Recommendations
Item Or anization
Alleviate increasing tax burdens on
a riculture. _
Minimize occurrence of complaints and
Agricultural Task Force BOC'(' nuisance suits
RepOlt Minimize negative impacts of proposed
ublic rojects on farnun o erations
Minimize relocation of farms due to non-
farm develo ment ressures
AgI7CUltural Advisory Organize and appoint advisory boards to
Boards Enabling Nortl] Carolina make recommendations concerning creating
General Assembly
districts and hold ublic hearin son ublic
P g P
Le islation
g rojects likel to have an im act on farmin
Adopt policies for PDR in agricultural
districts at the re uest of the farmer
Agricultural Districts Provision for donation of and lease of
BOCC develo ment ri hts
Adviso Board
D' Funds of PDR Pro ram
Use USDA's L ESA system to prioritize
urchases
Rural Character Study Defining rural character preservation
BOCC strategies, density bonuses, PDR program
Committee recommended
Rural Area Study Voluntary TDR program could protect lands
Platmjng Board within the RB, prioritization program on
COrilri]ittCe Re Ort
P sendin areas, down zone RB
Revise PDR ranking system to include
Agricultural Districts visibility from major roads and proximity to
BOCC towns
Advisory Committee Ex and advisory board _
Present PDR to townslri advisory councils
Critical mass of economically viable
farmland is needed _
Triangle 1 Council of Need significant growth pressure and
St
i
S t
L
d
G receivin areas with infrastructure in place
rateg
es
Open
pace overmneri
an
S
Subconm]ittee Report Use Advisory Lirrk to comprehensive growth management
lan
Committee Economic integrity of ro ram
TDR ro ram must be sim le in understand
Public information and ouUeach is essential
Publlc Hearings BOCC Interest in TRD program voiced
UNC-CH Department TDRs preserve farmland, create a process of
Robbins master s thesis of City and Regional
ranking contiguous farmland, used transit
Planning corridor stations as receiving areas
UNC-CH Department
Rodiger master's thesis of City and Regional TOD implementation simultaneously
preserves sensitive areas using TDRs
Platming
County Comprehensive platll]ing Board Created a TDR subcommittee work group
Plan Development
Draft April 16, ?004
Proposed Concept for a Transfer of
Development Rights (TDR) Program, 2004
Goals. The goals of the program could include the following:
1. Directing growth and development activities away from important natural and cultural
resources.
2. Shifting and converting rural to non-residential urban growth and development activities
toward areas supported by efficient public services at urban densities.
3. Providing working farms with an alternative income potential.
4. Preserving the rural Orange County character and sense of place.
5. Protecting drinking water resources.
6. Overarching balance and preservation of both rural and urban resources to create a
sustainable program of growth and identifying constraints and potentials,
Objectives. To accomplish these goals the following objectives could be posed:
1. Direct growth and development activities away from important natural and cultural
resources,
2. Shift growth and development activities to areas more able to support municipal services
and urban densities..
3, Provide working farms with an alternative income potential.
4. Link zoning densities to comprehensive plan goals and objectives.
Legal Framework
Proposed Policy. WitAin the fi'amex~ork of the Nor`dt Carolina State Constitution, Orange Co:urly
supports and encourager dre preservation of working farndands acrd the protective: ofpublic
di°inking x~ater° quality through innovative coning techniques x~ith a sensitivity to pr°ivate property
rights, through a volurrtmy program of h`ansferringprivatedevetopment rights ve° densities
(TDR). Such a TDR progrnnr will cvertinue to protect and safeguard the public health, safety, and
welfare of the citizens of Orange County, its naha al and c:dtural lreritnge and the needs of a, free
real estate mm•ket place in Orange County,
Recosunendations, fi•orx O{i'ASA study.
Seek consideration by Canboro, Chapel Hill, and Orange County for Transfer of Development
Rights (TDR) opportunities for Cane Creek property owners, With appropriate enabling
legislation, these.jurisdictions could establish higher density "receiving areas" in which
developers could exercise development rights (density bonuses) purchased directly from property
owners in the watershed. OWASA and its customers would benefit from decreased density in the
watershed; Cane Creek property owners would benefit from TDR payments in return for
additional (voluntary) development reshictions; and in-town developers would benefit through
density bonuses in designated areas. All transactions would remain in the private sector,
Poterrtinl Action Stnten:ents.
• Work with the Orange County state representatives and senators to sponsor legislation to
enable local North Carolina governments to establish a voluntary TDR program.
• After review and recommendation from the TDR Task Force and the Planning Board, the
Board of County Commissioners will adopt the Orange County TDR program.
Draft April 16, 2004
Concepls. The following concepts should be defined:
• Possible receiving zone(s), Affordable housing,
• Density, Down zoning,
• Bonus incentives Conservation easement,
• Development rights, and Sending zone,
Discussion. Issues that should be talked through 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?
Other Issues. Other issues for discussion could include:
• 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.
Administrative Process
Proposed Policy. The Orange Corarty TDR program shall be made as simple as practical, for the
general public, elected and appointed officials, and property owners to understand, access,
monitor, and eval:rate,for the benefit of the public health, safety, and welfare.
Possible Sending Zone Characteristics. To be eligible as a sending zone, a parcel of land shall
have a threshold of characteristics, which may include the following:
Mature forestland, Working farmland, Steep forested slopes, More than ten acres in size,
Adjoining public parkland or another conservation easement, Significant geologic,
archaeological resource, or designated wild life corridor, Historic or Architectural resource,
Critical watershed for a drinking water source, or Protected watershed for a drinking water
source.
Use of Sending Zoue lnrrd after transfer of developarerrt rights. Any change or use or activities
in a sending zone after hansfer shall require the Orange County Planning Director to determine if
the proposed change of'use or activity is compliant with the conservation easement,
Conversion ofDevelopnrent Rights, When evaluating a tract of land as a potential sending zone,
the development rights may be converted into a transfer certificate at the given rate.
Bonus Incentives. Addition bonus incentives may be given if the resulting development provides
the following: affordable housing, Leadership in Environmental Design (LEED) compliance,
redevelopment of a brownfield or other priority site, and possibly other bonus incentives?
Rece>iving7.orre. General design guidelines for the receiving zone should be established
Draft April 16, 2004
Proposed Process. To select a sending zone site, County Planning Department staff will apply
zoning criteria to the parcel or parcels.. The resulting number represents the number of
development rights, which potentially could be hansferred to a receiving site before any
conversion into a transfer certificate..
Application.
Sending Zone. Before a payment to the owner of a sending zoning tract can be authorized only
after the owner provides a legal description of the property to be encumbered and the Planning
Department staff makes a formal determination of the number of development rights assignable
to the property.
Receiving Zorre. A property owner wishing to develop a property shall make application to the
Planning Department,
Discussion. Issues that should be resolved might include the following:
• 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?
Market Evaluation
Proposed Policy. To create acrd maintain a sustainable TDR program drat can accurately and
r°eliably monitor and evaluate actual nrarlcet economic performance over time for the bereft of
tTre public healtL, safety, mrd welfare.
Potential Action Statements..
• Continue to run county and small area growth scenarios using alternative densities and
growth patterns.
• Initiate constructive criticism from local developers, financial institutions, and real estate
representatives.
• Monitor trends in purchase prices of development rights and their marketability.
• Monitor trends in local demand for transferred development rights,
Issues. The following questions may be issues for further discussion.
• 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 at a rate
of one unit to gross square feet of commercial or square feet of office gross
floor area..
Draft April 16, 2004
Public Information
Proposed Policy. To create documents, for public dissemination, identification, and utilization of
outreach progrannning through the County Cooperative Extension, realtor°, carp actor, builder,
and other professional plamring and architectural associntiou-s
Potential Action Statements,
Continue to monitor and assess community outreach programs and the effectiveness of
the public efforts.
Provide timely and periodic public progress assessments.
Create an interactive, visualization process, with the possible use of 3-D computer policy
simulations and scenario builders.
Issues. The following questions may be issues for further discussion,
• 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
IDR application in Orange County.
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