§ 62-6306. Transfer of development rights to affordable developments.

(a)

Generally. The transfer of development rights consistent with existing comprehensive land use plan policies, from elsewhere in the unincorporated county, to a project with a minimum of 30 percent affordable units is allowed.

(b)

Zoning requirements and review criteria. In order to transfer development rights, a rezoning to PUD or RPUD zoning classification will be required, unless otherwise permitted by policies in the comprehensive land use plan. During a rezoning, the board shall evaluate the density and intensity of surrounding land uses and compatibility with neighboring uses in determining the maximum density to allow. This density may be below the highest permitted by the existing future land use designation.

The areas receiving density, or that are subject to rezoning and development should be located in areas serviced by existing transportation and utilities infrastructure, and located near other public facilities, services, employment centers, shopping, active mass transit corridors, day care centers, schools, and health services. A location evaluation matrix and needs analysis form, authorized by the BOCC as a part of these regulations, shall be completed and submitted to determine consistency with the location criteria. Projects scoring at or above the minimum 66th percentile will be eligible to receive transfer of development rights. A complete application will include the location evaluation matrix and needs analysis forms that meet the minimum scoring requirement at or above the 66th percentile.

In determining the appropriateness of a density transfer, rezoning request and proposed development location, the board of county commissioners shall consider all factors associated with the review of a PUD or RPUD project pursuant to this Code. The board of county commissioners shall also consider the impact of the proposed project on the transportation level of service.

(c)

Density transfer maximum. If units are transferred, the maximum project density permissible is that permitted by the comprehensive land use plan and future land use map. This density may be below the highest density bonus amount allowed.

(d)

Density transfer affordability agreement. If the transfer of units is granted, the applicant shall enter into a land use and deed restriction affordability agreement with the county. The agreement shall provide for the number of units which can be built subject to the transfer and to ensure that the required percentage of units are retained as affordable housing units for a period of time consistent with the written policies and procedures established by the board of county commissioners. The agreement shall also ensure development rights are limited on the sending parcel, and identify any legally enforceable mechanisms necessary to ensure such limitations, and that the agreement is recorded on the county land records a land trust may be used as a mechanism to retain units as affordable and/or special needs units.

(Ord. No. 07-18, § 8, 5-3-07)