PASCO COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO

Transcription

1 PASCO COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO AN ORDINANCE AMENDING THE PASCO COUNTY LAND DEVELOPMENT CODE; ESTABLISHING A TRANSFER OF DEVELOPMENT RIGHTS PROGRAM; DESIGNATING SENDING AND RECEIVING AREAS, PROVIDING FOR THE CREATION OF TRANSFERABLE DEVELOPMENT RIGHTS THROUGH THE EXECUTION AND RECORDING OF TDR EASEMENTS; PROVIDING FOR THE REDEMPTION OF TRANSFER OF DEVELOPMENT RIGHTS CREDITS AND RESIDENTIAL DENSITY BONUSES, PROVIDING FOR A COUNTY TRANSFER OF DEVELOPMENT RIGHTS REGISTRY, PROVIDING FOR MISCELLANEOUS ITEMS; PROVIDING FOR AMENDMENTS TO MPUD THRESHOLDS; PROVIDING FOR AMENDMENTS TO REZONING CRITERIA; PROVIDING FOR AMENDMENTS TO LOT STANDARDS AND DESIGN REQUIREMENTS; PROVIDING FOR DEFINED TERMS; AND PROVIDING FOR SEVERABILITY, CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, F.S (3) encourages the use of innovative land development regulations including transfer of development rights programs; and WHEREAS, the County s unincorporated population in 2010 was 448,311 persons and it is estimated that the County s population will increase to 738,724 persons by 2030; and WHEREAS, the Pasco County Board of County Commissioners seeks to balance agricultural and ecological conservation with urban development by encouraging future growth in a logical, efficient, and orderly manner in those areas of the County best situated to provide public services and facilities necessary for the protection of public health, safety, and welfare; and WHEREAS, on August 10, 2010 the Board of County Commissioners adopted Ordinance No amending the Pasco County Comprehensive Plan Chapter 2, Future Land Use Element to create Future Land Use Goal 8, Market Area Planning, calling for the use of transferable development rights to facilitate transit-oriented development; and WHEREAS, on August 10, 2010 the Board of County Commissioners adopted Ordinance No amending the Pasco County Comprehensive Plan Chapter 12, Intergovernmental Coordination Element to include Policy ICE Transferable Development Rights to support Future Land Use Element Goal 8 Market Area Planning; and This Ordinance is being presented for County review and comment and will be subject to subsequent amendment.

2 WHEREAS, on August 10, 2010 the Board of County Commissioners adopted Ordinance No amending the Pasco County Comprehensive Plan, Chapter 2, Future Land Use Element to include Future Land Use Element Goal 10 Transit Oriented Development and Objective 10.3 Transit Center Overlay, calling for, among other factors, a consideration of transferred development rights in Station Area Plan approvals; and WHEREAS, the Board of County Commissioners recognizes that, as adjacent areas development and the region s transit infrastructure expands, that designated Station Areas within Market Areas I and II are anticipated to develop; and WHEREAS, the State of Florida has authorized and provided criteria for conservation easements under Section , Florida Statutes; and WHEREAS, lands subject to TDR easements should retain land or water areas predominantly in their natural, scenic, open, agricultural, or wooded condition; retaining such areas as suitable for fish, plants, or wildlife; and WHEREAS, the Board has determined that parcels within the Agricultural and Agricultural/Rural Future Land Use Map (FLUM) categories should be treated equally with respect to the ability to transfer existing development rights into designated growth areas; and WHEREAS, the Board requested and has accepted a report prepared by Dr. James C. Nicholas, titled Pasco County TDR Program: Sending and Receiving Areas, dated November 28, 2011, which identifies appropriate TDR Sending and Receiving Areas; and WHEREAS, the Board requested and has accepted a report prepared by White & Smith, LLC, in association with Dr. Nicholas and Dover, Kohl & Partners, titled <insert title of final report>, dated <insert date of final report>; and WHEREAS, Transit-Oriented & Neighborhood Design Guidelines have been prepared by Dover, Kohl & Partners and adopted by the Board, which will encourage compact growth and support transit-oriented development within the Transit Emphasis Corridor depicted on FLU Map 2-23, the Transit Center Overlay, depicted on FLU Map 2-24, and the Station Area Plans described in Policy FLU , of the Comprehensive Plan; and 2

3 WHEREAS, based on these reports and design standards, the Board wishes to implement a TDR Program to advance the aforementioned County policies and objectives; and WHEREAS, the Board finds the TDR Program to be consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pasco County, Florida, as follows: SECTION 1. Adopting Chapter 1400 Pasco County Transfer of Development Rights Program CHAPTER PASCO COUNTY TRANSFER OF DEVELOPMENT RIGHTS PROGRAM SECTION PURPOSE The purpose of Pasco County s Transfer of Development Rights (TDR) program is to preserve agricultural and ecologically valuable lands by establishing a voluntary mechanism for owners of these properties to sever and sell Transferable Units as TDR Credits to property owners in developing areas of the County. As an alternative to development, the TDR program allows participating property owners to retain fee simple title to their property and continue certain specified uses consistent with the existing character of the land. These transfers are designed to complement and facilitate the County s Market Area Planning and transit-oriented development (TOD) policies. The TDR program will direct future growth in a logical, efficient, and orderly manner toward those areas of the County with adequate public services and facilities and most appropriate for urban development and public transit, as set forth in the Comprehensive Plan, and for the protection of the public health, safety, and welfare. SECTION ESTABLISHMENT OF SENDING AND RECEIVING AREAS TDR Receiving Areas include lands: A. designated as Market Area I on Map 2-17 of the Future Land Use Element of the Comprehensive Plan (the West Market Area); B. designated as Market Area II on Map 2-18 of the Future Land Use Element of the Comprehensive Plan (the South Market Area); or 3

4 C. designated as Market Area III on Map 2-19 of the Future Land Use Element of the Comprehensive Plan (the Central Market Area), if such lands have been so designated pursuant to subsection below TDR Sending Areas include lands: A. designated as Market Area IV on Map 2-20 of the Future Land Use Element of the Comprehensive Plan (the East Market Area); B. designated as Market Area V on Map 2-21 of the Future Land Use Element of the Comprehensive Plan (the North Market Area); or C. designated as Market Area III on Map 2-19 of the Future Land Use Element of the Comprehensive Plan (the Central Market Area) In order to create or redeem TDR Credits, all eligibility criteria and other provisions of this Chapter must be met for both the Receiving and the Sending Parcels By amendment to this Chapter, the Board may designate lands within Market Area III as Receiving Parcels, which, in accordance with FLU Policy of the Comprehensive Plan, are consistent with the following criteria: A. are intended to support activity nodes and centers, clustered development, transitional neighborhood development, and diverse transportation opportunities; B. are adjacent to major or minor arterial roadways; C. are served by adequate public facilities; and D. are located within an approved water and sewer territory. SECTION ELIGIBILITY; CALCULATION Eligibility A. Parcels containing twenty (20) or more contiguous acres, of which no more than 50% may be wetlands, located in the Sending Areas, are eligible for creation of TDR Credits. 4

5 B. Sending Parcels zoned MPUD are eligible for the creation of TDR Credits, subject to the following conditions and limitations: 1. The number of TDR Credits that may be created equals the number of Transferable Units on the parcel, calculated according to the FLUM or zoning category that immediately preceded the parcel s MPUD designation. 2. Parcels designated MPUD that already have been developed to the maximum density specified in the MPUD rezoning are not eligible for creation of TDR Credits. 3. No MPUD-designated parcel is eligible for creation of TDR Credits, as provided in subsection of this Chapter, unless the Board either amends the approved MPUD to address the obligations and responsibilities of the parties to the MPUD agreement, or makes a determination that amendments are not necessary to protect the interests of the County and its citizens under the terms of the approved MPUD. C. TDR Credits cannot be created from a parcel, or portion thereof: 1. That is owned by a governmental agency, except for an early entry bonus as provided in subsection A.4 of this Chapter; 2. On which Transferable Units have been extinguished by a prior TDR Easement, conservation easement, or other restriction, including an MPUD, except as provided above; 3. Designated as Conservation Lands (CON), Employment Center (EC), Town Center (TC), or Connerton New Town (NT) on the future land use map in the Comprehensive Plan; 4. From which otherwise Transferable Units have been removed, approved, or constructed, pursuant to prior County approval of other development, either on- or off-site; or 5. Classified as a water body. 5

6 Calculation of TDR Credits A. The creation of TDR Credits shall be determined according to the number of Transferable Units associated with each Sending Parcel, as follows: 1. Except as provided in subsections 2 below, one (1) Transferable Unit equals one (1) TDR Credit. Fractional TDR Credits may be created, subject to the rules stated herein, in increments of 0.1 of a TDR Credit. 2. For Sending Parcels with an Agricultural (AG) future land use district classification, one (1) Transferable Unit equals (2) TDR Credits. 3. In accordance with the Comprehensive Plan s Future Land Use Element, Appendix Section FLU A-4: Calculation of Residential Densities, TDR Credits for wetlands may be created according to the following formulas: Table 1: Percentage of TDR Credit Created per Transferable Unit Wetland Category Percentage Transferableof TDR Credit I 25% II 10% III 10% 4. During the first 365 calendar days following the effective date of this Chapter, for TDR Credits created pursuant to the requirements herein, each Transferable Unit equals two (2) TDR Credits eligible for redemption as TDR Bonus Units on a Receiving Parcel. Sending Parcels owned by the County are eligible for this bonus. B. The number of Transferable Units shall be calculated for the portions of the Sending Parcel that comply with, or which will be brought into compliance with, the preservation criteria in Section 1404 of this Chapter and may not include any lands 6

7 needed to achieve allowable density or intensity for existing or approved residential and non-residential development. C. The County Administrator, or his or her designee, may provide a non-binding determination to a property owner who requests a preliminary estimate of unused Transferable Units and potential TDR Credits for a proposed Sending Parcel. Nonbinding determinations may be based on conceptual drawings prepared by the property owner, generally including the information required for formal submissions as provided in Section 1403 of this Chapter. However, non-binding determinations do not constitute final approval and in no way imply County acceptance of a proposed TDR Easement. SECTION TDR CREDIT CREATION PROCEDURE TDR Credits are created upon the recordation of an approved TDR Easement pursuant to the procedures set forth in this Chapter. The TDR Easement must state the number of TDR Credits being created Prior to submitting a proposed TDR Easement or application, a property owner must schedule a pre-application meeting with the County Administrator, or his or her designee, to discuss the requirements of this Chapter, the nature of the Sending Parcel(s), a process and schedule for approving the application, and any other matters related to the proposed TDR Easement. The County Administrator, or his or her designee, or property owner may invite any other official whose expertise is relevant to the proposed TDR Easement Following the pre-application meeting, a property owner wishing to create TDR Credits must submit four (4) copies of the following items to the County Administrator, or his or her designee: A. An application provided by the County Administrator, or his or her designee; B. A proposed TDR Easement that complies with Section 1404 of this Chapter; and C. A sketch plan of the subject property, at a readable scale and signed and sealed by a state-registered engineer or surveyor, illustrating the following areas and indicating, if applicable, the number of acres for each. 7

8 1. Lands proposed for preservation subject to the proposed TDR Easement; 2. Zoning and future land use designations; 3. All existing structures and accessory uses; 4. All existing lots, including associated setbacks, buffers, easements, and landscaped areas; 5. Wetlands; and 6. Water bodies. D. A deed verifying current ownership of the Sending Parcel(s). E. A title opinion establishing that the Sending Parcel is not subject to any easement or any other restriction on residential development; F. Evidence that, if the Sending Parcel is subject to a mortgage, lien, or any other security interest; the mortgagee, lien holder, or holder of the security interest has consented to the recordation of the TDR Easement and potential transfer of TDR Credits and redemption of TDR Bonus Units pursuant to easement; and G. A narrative detailing the current condition of the Sending Parcel(s), including: 1. General location and address. 2. Legal description of the Sending Parcel(s) and the portion of the parcel proposed to be subject to a TDR Easement A calculation of the net acreage pursuant to which Transferable Units have been calculated, in accordance with section (C) A proposed plan to ensure the portion of the property subject to the TDR Easement is maintained according to the terms of the TDR Easement Documentation, including maps, written summaries, and photographs, illustrating existing conditions of the parcel and the proposed easement area, including the location and condition of any man-made improvements, any pre-existing conditions that are prohibited by the requirements of 8

9 Section 1404 of this Chapter, any remediation steps proposed to achieve compliance with Section 1404 of this Chapter, and the conservation values to be protected by the easement A statement signed and dated by the property owner attesting to the accuracy of the information contained in the application materials and acknowledging the zoning and future land use map amendments referenced in subsection below and the requirement that TDR Certificates may be transferred to other parties only by approval of the County Administrator, or his or her designee, as provided in subsection below Upon receipt of a complete application, the County Administrator, or his or her designee, will forward a copy of the application and associated documentation to the County Attorney for legal review, and the County Administrator, or his or her designee, will determine the number of Transferable Units on the property and the number of TDR Credits eligible for redemption, according to the materials submitted by the property owner, the requirements of this Chapter, and any prior TDR Certificates approved for the Sending Parcel according to the TDR Registry After review by the County Administrator, or his or her designee, and the County Attorney, the County Administrator, or his or her designee, will place the TDR Easement on the agenda of the next regular meeting of the Board Upon a finding that the TDR Easement satisfies the requirements set forth in this Chapter, the Board shall approve the TDR Easement and authorize its execution and recordation, pursuant to the provisions of this Chapter Following execution of the TDR Easement by the County, the County Administrator, or his or her designee, will record the TDR Easement with the County Clerk and will issue to the applicant, by registered mail, a copy of the recorded easement and a TDR Certificate(s) indicating the number of TDR Credits created by recordation of the TDR Easement and any other conditions necessary to effectuate or enforce the TDR Easement. 9

10 The County Administrator, or his or her designee, will assign a tracking number to each TDR Credit created pursuant to this Chapter, with reference to the book and page number of the associated, recorded TDR Easement, and will enter same in the TDR Registry Easements that have not been certified by issuance by the County Administrator, or his or her designee, of a TDR Certificate, as required by this Chapter, are void for the purposes of the County s TDR program The property owner may retain, redeem, or convey by warranty deed, or redeem TDR Credits at any time to another party by sale, trade, donation, or bequest. The monetary value of a TDR Credit will be determined solely by the market The property owner may submit the original TDR Certificate and request that the County Administrator, or his or her designee, reissue the TDR Certificate or Certificates in different denominations of TDR Credits, so long as the number of TDR Credits issued does not exceed those outstanding for the Sending Parcel, according to the TDR Registry. Upon request, the County Administrator, or his or her designee, will reissue TDR Credits in the requested denominations, record same with the County Clerk, provide copies to the owner of the TDR Certificates by registered mail, and update the TDR Registry accordingly Following the redemption of a TDR Credit, the County Administrator, or his or her designee, may initiate amendments to the official zoning map and/or the future land use map to reflect the remaining allowable uses of the Sending Parcel under the terms of a recorded TDR Easement TDR Certificates may be transferred by warranty deed only after the original TDR Certificate has been submitted to the County Administrator, or his or her designee, and reissued, at no charge, in the name of the transferee. If less than all TDR Credits are transferred, the County Administrator, or his or her designee, may reissue a Certificate to the prior holder, indicating the remaining number of TDR Credits after the partial transfer. The County Administrator, or his or her designee, will amend the TDR Registry to reflect the transfer. SECTION TDR EASEMENTS 10

11 Under Section , Florida Statutes, a TDR Easement is a perpetual, undivided interest in real property created by a property owner in a Sending Area and granted to the County or the County s designee via deed, will, or other legally sufficient instrument. A. The County s designee shall be a governmental body or agency or a qualified charitable corporation or trust whose purposes include protecting agricultural, natural, scenic, or open space values of real property. B. A designated grantee must explicitly consent to enforce the easement s obligations in perpetuity. C. In the event that the County s designates a third party as designee has been named the grantee, the County must nevertheless be expressly named in the easement as an additional grantee empowered and obligated to enforce the terms of the TDR Easement TDR Easements should describe any structures, land uses, facilities, and roads existing on the property at the time of its execution as well as any remaining uses or structures that may be maintained or established after recordation of the easement, consistent with the provisions of this section TDR Easements run with the land and are binding on all subsequent owners of the servient estate. No TDR Easement shall be unenforceable on the basis of lack of privity. TDR Easements do not restrict the property owner s right to convey, gift, or bequest the servient estate s fee interest to another party, subject to the TDR Easement Notwithstanding uses otherwise permitted by Article 500 of the Land Development Code, except as expressly allowed by subsection below, Receiving Area lands subject to a TDR Easements shall be prohibited from: A. Undertaking any residential, commercial, or industrial development use; B. Constructing or placing buildings, roads, signs, billboards or other off-site advertising, utilities, or other structures on or above the ground; 11

12 C. Dumping or placing soil or other material as landfill, or dumping or placing trash, waste, or unsightly or offensive materials; D. Removing or destroying trees, shrubs, or other vegetation, except for invasive exotic plants, for agricultural cultivation, or for purposes of bringing a Receiving Parcel into compliance with this section; E. Undertaking activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation; F. Undertaking activities detrimental to the preservation of the integrity or physical appearance of sites or properties of historical, architectural, or cultural significance; and G. Undertaking any land use for purposes other than to remain predominantly in its natural condition TDR Easements may set forth the following limited uses and structures that may be undertaken, built, or maintained after recordation of the easement, only as follows: A. Agriculture, agriculture support uses, general farming, and horticulture; to include: animal feeood lots, the commercial hatching or raising of poultry, the production of eggs, and the raising of hogs, pasturage of animals such as cattle and horses, citrus groves (as well as other fruits), forestry, plant nurseries, sheds, stables, barns, truck farms, fish hatcheries, fish pools, and other structures devoted to the on-site, farm uses; B. Temporary roadside stands used on a seasonal basis for the sale of fruits, vegetables, and other agriculturally related products; C. Noncommercial boat slips and piers or private docking facilities with the approval of the various state and/or federal agencies where mandatory; D. Open space; E. Parks; and F. Broadcasting or communication towers and facilities. 12

13 The TDR Easement shall expressly provide for and place appropriate conditions or limitations on the remaining use of the land, in accordance with subsections and above, as follows: A. the intensity or nature of any land use necessary to comply with the terms of the easement; B. the construction or modification of structures necessary to comply with the terms of the easement; and C. any permitted future ditching, diking, or excavation needed to support remaining allowable uses. SECTION REDEMPTION OF TDR CREDITS Eligibility Any property in the Receiving Areas zoned to permit single family, multifamily, or mixeduse residential uses is eligible to redeem TDR Credits as TDR Bonus Units, exempt except those located in the following future land use map districts: COM, EC, RES-1, and AG-R, subject to the following conditions and exceptions: A. No parcel zoned MPUD is eligible to redeem TDR Bonus Units, as provided in subsection below, unless the Board either amends the approved MPUD to address the obligations and responsibilities of the parties to the MPUD agreement, or makes a determination that amendments are not necessary to protect the interests of the County and its citizens under the terms of the approved MPUD. B. TDR Credits may not be used to increase the number of manufactured homes allowed by a property s zoning designation Redemption of TDR Credits in a Receiving Area A. A TDR Credit, created pursuant to Section 1403 of this Chapter, may be redeemed as a TDR Bonus Unit by a property owner on a Receiving Parcel, in accordance with the requirements of this subsection. 13

14 B. The maximum number of TDR Bonus Units that may be redeemed on a Receiving Parcel is calculated as the difference between the FLUM Units and the Base Units for the Receiving Parcel. C. While fractional TDR Credits and TDR Bonus Units may be created, as provided in Section 1403 of this Chapter, TDR Bonus Units may be redeemed only in increments of whole, not fractional, dwelling units. Consequently, fractional TDR Credits and fractional TDR Bonus Units must be aggregated to form whole units, before they can be redeemed. D. TDR Bonus Density on a Receiving Parcel may not exceed the gross density: 1. allowed by the parcel s Future Land Use Map designation in the Comprehensive Plan; or 2. if subject to a proposed Station Area Plan, allowed by an approved Station Area Plan and Policy FLU , of the Comprehensive Plan. E. TDR Credits may be redeemed as TDR Bonus Units at the following rates, based on the Receiving Parcel s location within a Receiving Area: Table 2: Number of TDR Bonus Units redeemed per TDR Credit Receiving Parcel Not Subject to a Station Area Plan Applicability of Station Area Plan Guidelines or Optional neighborhood design requirements * Not required or Used Required or Used Parcel Not within a Transit Center Overlay 1 3 Parcel within a Transit Center Overlay 1 2 Receiving Parcel Subject to a Station Area Plan Parcel not w/in.25 miles of a station ** - TBD Parcel within.25 miles of a station ** - TBD 14

15 * The Station Area Plan Guidelines are mandatory for any Receiving Parcel within a designated Station Area Plan. However, the Optional Neighborhood Design requirements in Appendix A may be applied voluntarily to any Receiving Parcel in order to realize higher redemption rates as provided in Table 2. ** In order to qualify for these redemption rates, at least eighty percent (80%) of the gross residential acres, for purposes of determining gross density, must be within.25 miles of an approved transit station TDR Receiving Parcel Lot Standards A. Except as provided in subsection B below, Receiving Parcels approved for redemption of TDR Credits may be developed according to the following standards, based on the parcel s applicable future land use map designation, notwithstanding the requirements of Article 500 of the Land Development Code. Table 3. Future Land Use Category Lot Standards RES 3 RES 6 RES 9 RES 12 RES 24 ROR MU Max Gross Density (units/acre) Single-family Minimum lot size (s.f.) 9,500 6,000 5,000 5,000 4,500 4,500 4,500 Lot width (ft.) Lot depth (ft.) Lot coverage (% of total lot area) * Setbacks (ft.) front ** side rear Duplex *** Minimum lot size (s.f.) N/A **** N/A N/A N/A 6,000 6,000 6,000 Lot width (ft.) N/A N/A N/A N/A Lot depth (ft.) N/A N/A N/A N/A Lot coverage (% of total lot area) Setbacks (ft.) front ** N/A N/A N/A N/A side N/A N/A N/A N/A rear N/A N/A N/A N/A Other Multi-family *** Minimum lot size (s.f.) N/A N/A N/A N/A 20,000 20,000 20,000 Lot width (ft.) N/A N/A N/A N/A Lot depth (ft.) N/A N/A N/A N/A

16 Lot coverage (% of total lot area) Setbacks (ft.) front N/A N/A N/A N/A side N/A N/A N/A N/A rear N/A N/A N/A N/A * Accessory structures may cover an additional 20% of the lot. ** All garages facing the front lot line must be set back at least twenty-five (25) feet from the front lot line. *** All structures must be separated by at least fifteen (15) feet. **** N/A means that although TDR Credits may be redeemed in the applicable FLUM category, that the Base Units allowed by zoning exceeds the FLUM units that could be achieved by redeeming TDR Credits. B. Receiving Parcels, which are subject to an approved Station Area Plan, shall comply with the Station Area Plan Guidelines and the requirements of an approved Station Area Plan. C. In the event of a conflict between subsection A above, or Article 500 of the Land Development Code and the optional neighborhood design in Appendix A, the provisions of Appendix A shall apply. All other lot standards set forth in the Land Development Code also shall apply. SECTION REDEMPTION PROCEDURE At the time an application for preliminary site plan or preliminary plat approval is submitted, in which TDR Bonus Units will be used, the owner of the Receiving Parcel shall provide to the County Administrator, or his or her designee, either: A. a warranty deed demonstrating transfer of a TDR Certificate or Certificates to the Receiving Parcel owner; or B. an option to acquire a TDR Credit or Credits prior to final approval The County Administrator, or his or her designee, shall review the TDR Registry to confirm establishment of the TDR Credits proposed for redemption and that they have not been previously redeemed and shall forward the above documentation to the County Attorney for legal verification Upon verification, the County Administrator, or his or her designee, shall approve the redemption of the TDR Credits as TDR Bonus Units for the Receiving Parcel, indicating in writing the number of TDR Bonus Units approved for redemption. 16

17 If a TDR warranty deed was submitted with the application, the preliminary site plan or preliminary plat may be approved, at the TDR Bonus, upon verification by the County Administrator, or his or her designee, pursuant to subsection above, including the proposed TDR Bonus Units, not exceeding the TDR Bonus Density If an option to acquire the necessary TDR Certificate or Certificates was submitted with the application, the preliminary site plan or preliminary plat may be approved, including the proposed TDR Bonus Units, not exceeding at the TDR Bonus Density, after verification by the County Administrator, or his or her designee, pursuant to subsection above and submission of a recorded warranty deed completing the transfer of TDRs to the applicant Those developments that utilize TDR Bonus Units are subject to all applicable permitting and approval requirements of this Code and the Comprehensive Plan, including but not limited to those applicable to building permits, site development plans, plat approvals, MPUDs, and Developments of Regional Impact (DRIs) Upon the approval of a preliminary site plan or preliminary plat redeeming TDR Bonus Units, the County Administrator, or his or her designee, shall amend the TDR Registry to reflect their redemption The Receiving Parcel owner has the affirmative duty to demonstrate that he or she is the bona fide owner of the TDR Certificate to be used as a TDR Bonus Unit and that an instrument of conveyance of the TDR Credit has been recorded in the chain of title for the Sending Parcel. SECTION COUNTY REGISTRY The County Administrator, or his or her designee, will maintain a TDR Registry containing a public listing of unredeemed TDR Credits Units and a list of property owners in the Receiving Areas, by specific redemption area, seeking TDR Credits for redemption as TDR Bonus Units The County may purchase, hold, and sell TDR Credits. SECTION MISCELLANEOUS The County Administrator, or his or her designee, shall notify the Property Appraiser of each creation of TDR Credits within thirty (30) days of recordation of a TDR Easement, pursuant to Section 1404 of this Chapter. 17

18 The County Administrator, or his or her designee, will from time to time review the TDR Program and make suggestions to the Board for amendments as necessary The County Administrator, or his or her designee, will publish and maintain a webpage for the TDR Program The County bears no responsibility to provide notice to any person or entity holding a lien or other security interest in sending parcels from which Transferable Units have been released and TDR Credits created or that an application for such severance has been filed. SECTION 2. Amendment of Section 402.2(B) of the Land Development Code. Section B of the Land Development Code shall be amended as follows: B. MPUD Required An MPUD zoning shall be required in the following instances: 1. Projects that are in the coastal high hazard area. 2. Projects greater than twenty (20) residential units, except those using TDR Bonus Units,\ or greater than 100 acres located in the AG/R (Agricultural/Rural) Land Use Classification. 3. Projects where the net upland acreage and proposed zoning density/intensity/lot sizes would allow the project to exceed the capacity of 1,200 daily trips, except that trips associated with project using TDR Bonus Units will not be considered. Provided, however, that projects with commercial land uses must have greater than ten (10) net upland acres and exceed 1,200 daily trips before an MPUD is required. Additionally, regardless of the size or trips, office and industrial development shall not require an MPUD. 4. Other projects as determined by the BCC or as required by the County Comprehensive Plan. 18

19 SECTION 3. Amendment of Section 402.1(E) of the Land Development Code. Section 402.1(E) of the Land Development Code shall be amended to add the following subsection: 19. For properties located within a TDR Receiving Area, pursuant to Chapter 1400, whether TDR Credits are available for use as TDR Bonus Units to achieve the residential densities requested on properties that are the subject of the proposed change, according to the County TDR Registry. SECTION 4. Amendment of Section 514 of the Land Development Code. 1 Section 514 of the Land Development Code shall be amended as follows: SECTION Purpose R-1 RURAL DENSITY RESIDENTIAL DISTRICT The purpose of the R-1 rural density residential district is to serve as a transitional area between primarily agricultural areas and suburban development. Further, it is the purpose of the rural density residential district to allow for the development of low density planned unit developments of sufficient size to function as neighborhood units with all services and facilities necessary to this development form being supplied Permitted uses A. Principal Uses 1. Dwellings: Single-family detached dwellings on individual lots, without use of TDR Bonus Units. 2. TDR Bonus Units, in accordance with the applicable requirements of Chapter 1400; including density, lot size, lot width and depth, lot coverage, and setback standards set forth therein, the provisions of this subsection notwithstanding. 3. Noncommercial boat slips and piers or private docking facilities with the approval of the various State and/or Federal agencies where mandatory. 4. Public schools. B. Accessory Uses 1 The regulations for the following zoning categories also will be amended in a fashion similar to R- 1, here: R- 2, R- 3, R- 4, MF- 1, and AC. R- 1 is presented for illustrative purposes. 18

20 Conditional Uses 1. Private garages and parking areas. 2. Private or community swimming pools and cabanas in accordance with this Code, Supplemental Regulations. 3. Signs in accordance with this LDC. 4. Other accessory uses customarily incidental to a permitted principal use. A. Residential treatment and care facilities. B. Wastewater treatment plants, except when accessory to a development Special Exception Uses A. Duplexes, with or without redemption of TDR Bonus Units, pursuant to Chapter B. Home occupations. C. Public and private right-of-way for utilities. D. Public and private substations for utilities. E. Private schools and day-care centers. F. Public or private parks, playgrounds, and recreation areas. G. Churches and church schools. H. Golf courses, provided the clubhouse and other structures are located over 150 feet from an abutting lot or parcel. I. Professional services, such as medical, dental, legal, and engineering, excluding the storage or parking of heavy equipment. J. Accessory uses customarily incidental to a permitted special exception use Area, Density, and Lot Width Requirements A. Except as provided in Chapter 1400 for use of TDR Bonus Units, ssingle-family detached dwellings and duplexes. 1. Minimum lot area: 20,000 square feet. 2. Maximum possible gross density: 2.2 dwelling units per acre, except duplexes (4.4 dwelling units per acre), subject to compliance with the Comprehensive Plan Future Land Use Map classification. 3. Minimum lot width: 100 feet. 19

21 4. Minimum lot depth: 150 feet. B. All other uses. No minimum lot areas are required, subject to meeting minimum yard and coverage regulations Coverage Regulations Except as provided in Chapter 1400 for use of TDR Bonus Units, aall buildings including accessory buildings, shall not cover more than thirty-five (35) percent of the total lot area Yard Regulations A. Except as provided in Chapter 1400 for use of TDR Bonus Units, tthe following Height Regulations minimum building-line setbacks, measured from the property lines, are required in yard areas listed below unless otherwise specified: 1. Front: thirty (30) feet. 2. Side: fifteen (15) feet. 3. Rear: twenty-five (25) feet. Building height: thirty-five (35) feet maximum; however, no dwelling shall be less than ten (10) feet in height. For exceptions, see this Code, Supplemental Regulations On Site Parking Regulations On site parking shall be provided in accordance with this Code Performance Standards for Conditional Uses and Special Exceptions All activities shall be in conformance with standards established by the County, State, and Federal government Development Plan A development plan shall be submitted in accordance with this Code. SECTION 5. Amendment of Appendix A ( Definitions ) of the Land Development Code The following definitions shall be incorporated into Appendix A of the Land Development Code in alphabetical order: Base Units. The total dwelling units allowed on a parcel without redeeming TDR Credits, based on the parcel s zoning district as of the effective date of Chapter Base Units are calculated by multiplying 20

22 the parcel s gross acreage by the maximum possible gross density, pursuant to Chapter 500, multiplied by a factor of.75. FLUM Units. The total dwelling units allowed on a parcel without redeeming TDR Credits, based on the parcel s Future Land Use Map designation as of the effective date of Chapter Neighborhood Design Guidelines. The design guidelines set forth in the report titled Neighborhood Design Guidelines, and dated December 4, 2011, which are on file with the Pasco County office of Planning and Growth Management. Receiving Area. The areas of the County within which TDR Credits may be redeemed, as provided in Chapter Receiving Parcel. A property in a Receiving Area. Sending Area. The areas of the County from which TDR Credits may be severed and transferred, as provided in Chapter Sending Parcel. A property in a Sending Area. Station Area Plan Guidelines. The standards of development and design guidelines with which properties subject to an approved Sstation Aarea Pplan must comply. The Station Area Plan Guidelines are dated December 4, 2011 and are on file with the office of Planning and Growth Management. TDR Bonus Density. The maximum gross density allowed on a Receiving Parcel, resulting from the redemption of TDR Credits as TDR Bonus Units on a Receiving Parcel. TDR Bonus Density is calculated by dividing the total FLUM Units by the parcel s total number of gross acres. TDR Bonus Units. The units, in addition to Base Units, that may be developed on a Receiving Parcel by redeeming TDR Credits. TDR Certificate. A document issued by the County Administrator, or his or her designee, indicating the number of TDR Credits for which a Sending Parcel is eligible upon subsequent recordation of an approved TDR Easement. TDR Credits. Transferable development rights in real property, created by the recordation of a TDR Easement pursuant to Chapter 1400, which may be retained by the creator or conveyed to any other party, by sale, trade, donation, or bequest, for use as a TDR Bonus Unit. 21

23 TDR Easement. A legally binding agreement, as required by Chapter 1400, between a property owner in the Sending Area and the County, or the County s designee, the recordation of which creates a TDR Credit. TDR Registry. A centralized database tracking the number of TDR Credits created, transferred, and redeemed as TDR Bonus Units. Transferable Unit. The number of remaining, unbuilt dwelling units allowed on a Sending Parcel, subject to all public and private restrictions and existing structures and uses, based on the greater of the following: 1. FLUM Units; or 2. Base Units. Transit Center Overlay. The geographic areas of the County designated on Map 2-15: 2025 Future Land Use Map, as amended, as a Transit Center Overlay. Station Area Plan. A plan approved by the Board of County Commissioners, pursuant to Policy FLU of the Comprehensive Plan and the TOD Ordinance. SECTION 6. Severability If any section, subsection, sentence, clause, or provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, then the said holding shall in no way affect the validity of the remaining portions of this ordinance having contained such section, subsection, sentence, clause, or provision, and shall not be affected by such holding. SECTION 7. Conflict To the extent of any conflict between any other County ordinances and this Ordinance, this Ordinance shall be deemed to be controlling. SECTION 8. Filing with State and Effective Date A certified copy of this ordinance shall be filed with the Department of State by the Clerk to the Board of County Commissioners within ten (10) days after adoption of this ordinance, and this ordinance shall take effect the date the ordinance is filed with the Department of State. 22

24 ADOPTED with a quorum present and voting by the Board of County Commissioners of Pasco County, Florida, this day of, (S E A L) BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA ATTEST: BY: Paula S. O Neil, Ph.D. Pasco County Clerk and Comptroller BY: Ann Hildebrand Chairman 23