Town Council Workshop

Transcription

1 Transfer of Development Square Footage

2 Agenda: 1. The Scoop on Transfer of Development Rights Concept of TDR History of TDR and who uses it Enablement of TDR 2. TDR vs. Transfer of Development Square Footage (TDSF) What s appropriate in Westlake Importance to the Town and Property Owners 3. How the Program will work in Westlake 4. Next Steps

3 The Scoop on Transfer of Development Rights

4 Concept of TDR TDR works within the context of zoning TDR is NOT a substitute for Zoning development rights from one parcel [defined by zoning] are lifted up and placed on another - TDR Handbook This transfer protects the first parcel from [over]development and causes the other parcel to carry the additional load as more building area - TDR Handbook

5 Some TDR History NYC 1916 Zoning Code TDR first introduced with passage of the first American Zoning Ordinance. Since 1916, TDR employed as a Growth Management Tool throughout the US 1978, US Supreme Court Case: Penn Central v. City of New York TDR was sufficient to mitigate any financial burden imposed by NYC s Preservation Law The principal of rights transfer became the foundation of other policy mechanisms such as fishing permits (1986, Australia) and Sulphur Dioxide Emissions (1990 s, US)

6 Who Else is Using TDR? 35 states in the US have TDR 9 states (including Texas) have TDR without special State Enabling Legislation Cities in Texas with Active TDR: Dallas: Written by Robin in 1973 to provide an incentive for historic preservation Austin: Part of Barton Creek Watershed Ordinance. Protects environmentally sensitive areas from development. San Marcos: Part of Aquifer Recharge, Rivers, and Springs Protection Ordinances.

7 Enablement Texas Gov. Code, Ch. 45: Sec : The municipality may adopt an ordinance, act, law, or regulation, not inconsistent with state law, that is necessary for the government, interest, welfare, or good order of the municipality as a body politic The lengthy Comp Plan process sets the framework for, thresholds for, and calls for a TDR program in Westlake, establishing a connection between this effort and Sec (Comp Plan adopted by ordinance) Main supporting reason for Program: Existing entitlements saturate the capacity of any conceivable future road system within the Town need to increase density where desirable without additional traffic impact.

8 Transfer of Development Rights (TDR) vs Transfer of Development Square Footage (TDSF)

9 TDR or TDSF? The PD s = Complex set of rights : Rights are more than density, height, and coverage. Land Use Integrity: Important to preserve Transfer will not alter flood plains, wetlands, buffers, etc.: These are rights of use not permitted and specific to a location. Working within a Variance Authority: Allowing a new Land Use is not a variance; However, TDSF (without re-zoning) is a variance. Therefore, TDSF not TDR: WESTLAKE S PROGRAM WILL TRANSFER DEVELOPMENT SQUARE FOOTAGE ALONG WITH NEEDED VARIANCE TO DENSITY, HEIGHT, AND COVERAGE IT WILL NOT DEVELOPMENT LANDUSE.

10 TDSF s Importance to the Town Avoid the burden of increased traffic volumes as a result of additional zoning. Comp Plan establishes maximum capacity. To maintain balance, future up-zoning would require down-zoning somewhere else in the Town impossible to do. Preservation of environmental and visual character that supports value. Protection of natural systems.

11 TDSF s Importance to the Land Owner Most Zoning accomplished through Planned Development Ordinances, which have been refined and adjusted over the years (since 1992), contain permitted development conditions and rights land owners want to keep. Predate newer ordinances = vested rights Reopening PD s through zoning change process = possible recalibration and new conditions

12 How it will Work in Westlake

13 Westlake s Updated Comp Plan Establishes: the development entitlement capacity for Westlake overall and a template for redistribution of existing development square footage. Sets up: the justification for identification of areas from which development square footage should be exported and areas to which development square footage should be imported Identifies: Sending Areas and Receiving areas Describes: desirable levels of development in each area which can be attained through Transfer of Development Square Footage

14 Westlake s Updated Comp Plan

15 Westlake s Updated Comp Plan Virginia Legislation: Receiving Areas are 1 or more areas identified by ordinance and designated by the Comprehensive Plan The Literature: Ideally the Comprehensive Plan should identify Receiving Areas and establish maximum densities the plan should clearly state that future zoning code amendment will require acquisition of TDR s to achieve the plan s maximum densities TDR Handbook: The Comprehensive Plan as an instrument that gives the TDR Program particular substance and legal strength

16 Sending and Receiving Areas Sending Areas: Areas identified in the Comp Plan as places where view exposure, environmental sensitivity, proximity to residential use, and public uses makes commercial development above certain FAR levels potentially disruptive. Areas from which development square footage would be authorized to be severed Once severed they can be relocated to a Receiving Area

17 Sending and Receiving Areas Receiving Areas: Areas identified in the Comp Plan as places where the visual/ environmental impacts of increased development can be tolerated without negatively affecting those cherished aspects of Westlake s visual and environmental quality. Areas where traffic capacity and infrastructure opportunity is (or will be) greatest; or where existing topo can conceal more intense development. Moving Commercial SF from an environmentally/visually sensitive Sending Area for the purpose of preservation is in the best interest of the Municipality.

18 TDSF Through Variance Any proposed importation of development SF to a tract located in a Receiving Area will require a Site Plan that must be approved by Commission and Council Action before the Transfer can be executed. Approval of the Site Plan constitutes a Variance to the Spatial/ Density conditions of the PD as they are applicable to the area of the Site Plan. Site Plan must show total amount and usage of the imported SF as well as document the SF exported from a specific parcel, tract, PD District, etc. within the Sending Area. Parcels/Tracts/PD Districts not included are not affected.

19 Next Steps

20 We Need the Following: Final Tabulation: A single specification for Development Square Footage. We currently have 3 different ways of specifying: Absolute number FAR Percent of total land area A Yield Plan: The potential severability. Additional SF above the preferred SF for the Development Area Transfer Capacity Plan: The additional SF that can be added to the base entitlement in receiving areas through TDSF

21 Land Areas Inconsistencies PD 1-1 PD 1-2 PD 1-3 Ordinance AC AC AC Appraisal District AC AC GIS Parcel Data AC AC AC We have to establish one binding definition of the entitlement in terms of the square footage os use it permits. At present the different land areas derived from different sources translates into different entitlement.

22 Setting up the Administrative Tool TRANSFER POTENTIAL Development intensity as recommended by the COMP PLAN Existing entitlement as per PD Existing entitlement as per PD YIELD Development intensity as Recommended by the COMP PLAN

23 Where to from here? Establish: The TDSF Option (voluntary Program) within the Municipal Zoning Code (Ch. 102) Establish: Sending Areas Determine: The Development SF that can be Transferred Establish: A process for Severance of Development SF and its recordation Establish: Procedure for protection of severance Establish: Receiving Areas Establish: Special Site Plan submittal requirements and procedures Establish: Process for Commission/ Council consideration and final recordation of the Transfer

24 RECAP: What s been done so far Literature Research Other Ordinance Review Review of Chapter 102 Dialogue with the Town Attorney more is needed on certain topics Some dialogue with property owners more is planned Settling the Entitlement issues in progress Beginning Ordinance based on Virginia

25 Questions?