§ 62-1925. Development rights receipt and transfer.

(a)

Criteria for evaluation of receipt of development rights. A property for which receipt of development rights is proposed shall be evaluated pursuant to the following conditions, and the proposal shall be submitted with sufficient information and data to permit a thorough and comprehensive review of the proposal in relation to these conditions:

(1)

The property shall be located within a TDR receiving district as delineated in the official zoning map.

(2)

A binding concept plan shall be submitted. The proposed development, along with the TDR, shall be designed in such a manner as to be compatible with existing adjacent land uses. For example, transitional residential densities and architectural styles would be considered necessary between an existing adjacent single-family residential land use and a medium- to high-density development proposal.

(3)

The amount of development rights proposed for receipt shall not exceed 20 percent of the density permitted by the existing zoning classification. The compatibility of the proposed development with the existing character of the general area and the existing land uses of the adjacent properties shall be a strong consideration.

(4)

Development rights from properties within a receiving district may be transferred to other properties within the same receiving district.

(5)

The community services and facilities necessary to support residential development shall be evaluated relative to the impacts associated with the proposed TDR enhanced development. The degree to which these impacts exceed the capabilities of the existing community services and facilities shall be identified and quantified, as applicable. These extra impacts shall be considered as to whether such extra impacts are acceptable to the community relative to the public benefit being gained by the TDR.

(6)

The public benefit shall be quantified, including a full description of that benefit to be derived should such a TDR receipt be accepted and approved.

(7)

If the TDR receipt is deemed acceptable and approved, such approval shall be subject to the submitted binding concept plan and all conditions and requirements contained therein and in any document or text submitted in conjunction with the binding concept plan.

(b)

Criteria for evaluation of transfer of development rights. A property from which a development rights transfer is being proposed shall be evaluated pursuant to the following conditions, and the proposal shall be submitted with sufficient information and data to permit a thorough and comprehensive review of the proposal in relation to these conditions:

(1)

The property shall be an oceanfront property or property designated or proposed for designation as productive agricultural or environmental areas by the official zoning map.

(2)

The area of the property, or parts thereof, from which transfer of development rights is proposed shall be accurately presented by a sealed survey prepared by a registered land surveyor or licensed professional engineer.

(3)

Calculation of development rights for transferral shall be as follows:

a.

Productive agricultural (PA): One dwelling unit per acre.

b.

Environmental areas (EA): One dwelling unit per five acres, except that, where an overriding public benefit has been determined to be a result of a proposed transfer, the transfer development right value may be calculated at up to, but not less than, one dwelling unit per acre; provided, however, development rights may be transferred on the same piece of property to land zoned for residential use at a rate of one dwelling unit per acre. If the land designated EA comprises 15 percent or less of the total site, including the residentially zoned land, the owner may apply for and be awarded a transfer of up to four dwelling units per acre based upon the binding site plan. In order to receive more than one dwelling unit per acre for on-site transfer the binding site plan must provide for the following:

1.

A 200-foot setback from the EA area.

2.

The EA area shall be retained in its natural state and deeded to the public for preservation.

3.

All stormwater shall be retained onsite.

4.

Total site density shall be compatible with adjacent zoning and land uses.

c.

Other properties:

1.

All of the development rights, as calculated on the existing density permitted by the zoning classification within which the property lies, may be considered for transferral to property located in an acceptable receiving district as enumerated in subsection (c) of this section.

2.

For oceanfront properties, an existing development right may have a transfer value of up to, but not to exceed, 1.3 dwelling units per acre.

(4)

Calculation of development rights to be retained shall be as follows:

a.

Productive agriculture (PA): Development rights of up to, but not to exceed, one dwelling unit per 20 acres.

b.

Environmental areas (EA): No development rights shall be retained.

c.

Other properties:

1.

Development rights to be retained shall be the difference between the existing total development rights and the number being transferred.

2.

For oceanfront properties, no more than 50 percent of the existing development rights shall be retained.

(c)

Receipt and transfer districts.

(1)

The following schedule designates TDR districts within the county that have been approved as either receiving or transfer development rights districts. These districts are matched to identify the areas of transfer from which development rights may be received by properties in a designated receipt district.

Receipt Districts	Transfer Districts
RD-1	TD-1 and TD-2
RD-2	TD-1, TD-2 and TD-3
RD-3	TD-1, TD-2, TD-3 and TD-4

 

(2)

The districts referred to in subsection (c)(1) of this subsection are delineated in area by the official zoning map. The boundaries of the TD-2 and TD-3 districts related to the lower water's edge of wetlands can be more precisely defined by soil classifications indicative of wetlands and may be legally described by survey and submitted by the applicant with prior verification by the U.S. Soil Conservation Service. Such classifications are:

a.

Canova peat (Cd).

b.

Chobee sandy loam (Ct).

c.

Eau Gallie, Winder soils ponded (Ew).

d.

Felda and Winder soil ponded (Fg).

e.

Floridana, Chobee and Felda soils, flooded (Fo).

f.

Holopaw sand (Ho).

g.

Malabar, Holopaw and Pineda soils (Mb).

h.

Myakka sand ponded (Mp).

i.

St. Johns soils, ponded (Sc).

j.

Tomoka muck (Tw).

k.

Swamp (Sw).

l.

Terra Ceia (Tc).

m.

Tidal marsh (Tm).

n.

Tidal swamp (Ts).

o.

Micco peat (Mc).

p.

Montverde peat (Me).

(3)

The soils atlas for the county prepared by the U.S. Soil Conservation Service, as amended from time to time, shall be used to identify and delineate these soil classifications for the purpose of defining the boundaries of the TD-2 and TD-3 districts.

(d)

Joint application required. The transfer and receipt of development rights, by its nature, involves at least two different parcels of real property. Therefore, any TDR proposal submitted shall be a joint application by the respective property owners.

(Code 1979, § 14-20.16.2(B)(24))

State law reference

Regulations authorizing transfer of development rights encouraged, F.S. § 163.3202(3).