ALACHUA COUNTY
BOARD OF COUNTY COMMISSIONERS
May 13, 2008 Regular BOCC Meeting
Agenda Item #22


Title
CPA 14-08: TDR Text Amendment: County-initiated Large Scale Text Amendment to implement a Transfer of Development Rights Program in Alachua County (Amended)

Amount
N/A

Description
Request Approval of the County-initiated large scale text amendment revising existing policies and adding new policies to the Future Land Use, Conservation and Open Space, and Intergovernmental Coordination Elements to implement a Transfer of Development Rights Program in Alachua County.

Recommendation
Approve Transmital of the County-initiated Large Scale Text Amendment CPA 14-08 to the Florida Department of Community Affairs (DCA)

Alternative(s)
Do not transmit CPA 14-08 to DCA

Requested By
Holly Banner, 374-5249 x 2223

Originating Department
Growth Management

Attachment(s) Description
CPA 14-08 Staff Report; PowerPoint Presentation

Documents Requiring Action
NA

Executive Summary
A request by Alachua County for a text amendment to the Future Land Use Element of the Comprehensive Plan creating a new Section 9.0 Transfer of Development Rights Program, amending Future Land Use Element Policy 6.2. by deleting 6.2.a., b., and c., amending Policies 7.1.3 and 7.1.16 related to transfer of development rights, adding new Conservation and Open Space Element Policy 5.2.6 concerning open space for non-residential developments related to transfer of development rights and adding new Intergovernmental Coordination Element Policy 1.8 encouraging participation of municipalities in the transfer of development rights program.

Background
In 2002, the County Commission adopted policies in the Rural/Agriculture Section of the Future Land Use Element that outlined the creation of a county-wide Transfer of Development Rights (TDRs) program. The County Commission more recently adopted a Comprehensive Plan amendment that created a Planned Development Transfer of Development Rights Program for the Rural/Agriculture area. During discussion of this Comprehensive Plan amendment, the County Commission directed staff to proceed with creating the county-wide program. Staff recognized, as had been discussed during the 2005 adoption of the new ULDC, that the TDR policies adopted in 2002 would require further amendment in order to be successfully implemented. To that end, through research and numerous workshops with interested citizens, staff created a report that examined the issues related to a Transfer of Development Rights (TDR) program and outlined the necessary elements of a TDR program in general (sending and receiving areas, mechanism for transferring rights, etc.) In addition, the report discussed the various components to consider for inclusion in a TDR program specifically tailored to Alachua County. The complete TDR Study can be accessed on Alachua County’s website at http://growth-management.alachuacounty.us/. On January 31, 2008, staff held a Special Meeting with the County Commission to discuss the potential TDR program. At that meeting, the Commission directed staff to move ahead with creating proposed Comprehensive Plan language. The recommendations that were discussed at the January Special Meeting formed the basis of the policies being proposed with this amendment and are outlined in the staff report. These recommendations and findings are based on the input received from the participants at the TDR workshops and staff’s analysis of what is working in successful TDR programs elsewhere. In addition to the revisions for transfer of development rights, in Policy 6.2, staff has proposed a clarification of the allowed uses in the Rural/Agriculture land use category. The allowance for resource-based and outdoor recreation and other animal related uses is not a change from current interpretation of this policy.

Issues
This Comprehensive Plan Amendment is proposing a conservative approach to Transfer of Development Rights as a starting point for a program in Alachua County. The intent of staff is that this program can be expanded when and if municipalities choose to participate and receiving areas can be identified within municipal boundaries. Staff is intentionally leaving out details such as exchange rates and process details so that these issues can be addressed and later adjusted in the Land Development Regulations without the need for a large scale text amendment to the Comprehensive Plan.

Fiscal Recommendation
NA

Fiscal Alternative(s)
NA

Funding Sources
NA

Account Code(s)
NA


Attachment:  CPA1408_ppt.pdf
Attachment:  CPA1408_SR.pdf
Attachment:  CPA1408.ppt
Attachment:  ADV 051308 legislative items.pdf