Transfer of development rights (TDR) is intended as one method of implementing the city of Altamonte Springs Comprehensive Plan, by permitting the transfer of development rights from one location to another where the associated development can be more appropriately accommodated. The city commission recognizes the important economic development tool created by the transfer of development rights and finds that it is a desirable planning practice to permit the transfer of development rights from certain locations in the city to other locations which can accommodate growth without increasing the overall amount of permitted development in the city. At the same time that the development rights are transferred, a restricting covenant shall be placed on the receiving property to control the nature and extent of its subsequent use and development, and development restrictions will be placed on the sending property as set forth in this division.

For the purposes of this division, the following words and terms shall be defined as follows:

Development bonus. An owner/developer's provision of certain benefits or amenities within a project in exchange for increased height and intensity/density standards pursuant to the requirements contained in division 46 of this article.

Disqualified land. Land which does not qualify for inclusion in a transfer of development rights. Disqualified land is land in a right-of-way or easement which precludes its permitted use or where, by operation of private restrictions, development of the land is prohibited.

Receiving parcel (RP). The receiving parcel for the transfer of development rights.

Sending parcel (SP). Land from which development rights may be transferred; also described as the transferring, or sending, location.

The SP designation shall not be granted unless such is compatible with and serves to implement the comprehensive plan and the land involved constitutes:

(a)

A platted subdivision which due to the size of the lots, the lack of paved streets or drainage, or other deficiencies fails substantially to conform to the requirements of the land development code in force at the time;

(b)

An environmentally sensitive area;

(c)

An aquifer recharge area;

(d)

An area which should be retained in agricultural, open space, recreation or other conservation uses;

(e)

A parcel which contains historical or archaeological significance;

(f)

A parcel which is necessary for governmental purposes; or

(g)

A parcel which is located within an activity center and which otherwise does not constitute land set forth in subsections (a)—(f), above, may transfer up to one-half of its nonbonus development rights and all of its bonus development rights to one or more RP's within the same activity center. Transferrable density, intensity and height development rights shall be calculated on the floor-area ratio, residential density, and building height allowances, respectively, of the SP's zoning district.

RP land may be used as permitted by the underlying zoning and in addition may be used at a density or intensity which combines that permitted by the underlying zoning and that allowed by any development rights transferable to the land in the RP designation. The RP designation shall not be approved where such would be incompatible with the comprehensive plan. Further, it is not intended that by designating land as RP that rezoning to higher density or intensity is appropriate for the land generally or its immediate environs.

(a)

A transfer of development rights shall only be issued for density, intensity and height, and shall only apply when both the RP and the SP are located within the city limits.

(b)

In order to be eligible to receive a transfer of development rights, the development project on an RP shall first have utilized the full allowance of on-site nonbonus and bonus development rights permitted by the RP's zoning district.

(c)

A transfer of development rights shall only be issued if the uses or mix of uses within the project is compatible with adjacent land uses.

(d)

A transfer of development rights shall only be issued if the design of the proposed project on the RP creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Altamonte Springs as a whole.

(e)

No development rights shall be transferrable from an SP located within an activity center to an RP located outside an activity center.

(f)

In reviewing any request for transfer of development rights, in addition to the criteria set forth in section 3.45.3, the planning board and the city commission shall take into account the following:

(1)

The unique limitations and conditions characterizing and affecting the property from which and to which the development rights are proposed to be transferred. Such unique limitations and conditions may include, but are not limited to, characteristics of the property such as lot size, location, configuration and access; physical characteristics such as topography, soils, vegetative cover, environmental sensitivity, wildlife habitat and water bodies; and regulatory measures and restraints as they relate to the characteristics of the property and its ability to be used in a reasonable manner.

(2)

The ramifications as a result of the transfer relative to open space, building bulk and massing, height and setbacks, as well as related site improvements, such as parking, recreation and service areas. It shall be the objective of these criteria to preclude the significant departure from any single or combination of established standards for the foregoing factors as a result of a requested transfer of development rights. The city commission shall evaluate and make a finding of fact as to the extent of departure from any applicable standard that is necessitated by such transfer, the acceptability or unacceptability of such departure and the reasons therefor. Approval of the transfer of development rights application shall set forth all known or anticipated code deviations necessary to develop the RP with the approved transfer of rights.

(3)

The public interest and benefit, if any, as such interest and benefit may be impacted by the proposed transfer. Such public interest and benefit may include, but is not limited to, preservation or enhancement of significant environmental features, open space, recreational opportunities, community appearance, aesthetics, views, traffic flow or control; beneficial relationship to adjoining uses, specific target neighborhood or redevelopment objectives, resource and energy conservation, diminished requirements for public services and utilities; and acquisition of property for governmental purposes at a reduced cost.

(4)

Consistency with the comprehensive plan.

(g)

The city commission shall not approve any transfer of development rights unless it finds that the proposed transfer is compatible with and enhances the public interest based on safety, economic, environmental, recreational or community appearance considerations, and that the transfer of development rights facilitates a density or intensity of use that is consistent with the land use plan. Granting an application for the transfer of development rights shall be discretionary with the city commission.

(h)

Any transferred development rights approved pursuant to this section, shall not be used on the the SP, but shall only be used on the land designated as RP, provided the use is compatible with the comprehensive plan and zoning district permitted and conditional uses.

(i)

Transferable development rights shall be approved in units based upon the amount of units permitted pursuant to the current zoning on the SP. The transfer of development rights between nonidentical land uses shall be computed on the basis of trip generation rates established by the most recent edition of the Institute of Transportation Engineers Trip Generation Manual, and shall be calculated by converting the various types of units to their trip generation rates. For an office to retail conversion example, the daily trip generation rate for general office is 11.01 and the daily trip generation rate for a shopping center is 42.94. Accordingly, 1,000 square feet of office converts to 257 square feet of shopping center. For a multifamily to retail conversion example, the daily trip generation rate for a multifamily/apartment dwelling unit is 6.72, and the daily trip generation rate for shopping center/retail is 42.94. Accordingly, one multifamily/apartment dwelling unit converts to 610 square feet of office.

(j)

In the computation of any transferable development rights under this section, no transferable development rights shall be computed for any disqualified land as defined in this division. Existing structures shall not extinguish underlying development rights in excess of their utilization.

(k)

Upon issuance of development rights in accordance with this section, the permitted use on the SP shall be restricted to reflect the absence of the rights to be transferred. Said restriction shall be incorporated into a restricted use and transfer agreement, which shall be recorded and shall run with the title of the SP.

(l)

Development limitations shall be as follows:

(1)

The density or intensity of an RP tract shall not be increased through the transfer of development rights by a factor greater than:

a.

Fifty percent of the maximum density or intensity permitted without bonuses for RP's inside an activity center.

b.

Four hundred percent of the maximum density or intensity permitted with bonuses for RP's inside the regional business center.

c.

Twenty-five percent of the maximum density or intensity for RP's outside an activity center.

(2)

The height permitted through the transfer of development rights on an RP tract located within an activity center shall not be increased by a factor greater than 50 percent of the maximum height permitted without bonuses, and only if development of the RP tract is to the maximum level of intensity or density permitted with bonuses. Moreover, there shall be a reasonable relationship between the number of units transferred and any increases in building height. Compatibility with the surrounding area and feasibility of the project shall be considered when approving any increase in height.

(3)

No development right may be transferred to, or from any parcel currently used for, or designated by the future land use map for, single-family residential or two-family residential, whichever is more restrictive.

(m)

Transferred development rights are not further transferable separately from the RP, and there shall be no conveyance of development rights to another party except via conveyance of the RP; provided, however, that transferred development rights may be further transferred by application and approval pursuant to the procedures set forth in this division.

(n)

In a city-initiated acquisition of property, development rights may be transferred to another parcel owned by the same owner (in a whole parcel acquisition situation), or to the remainder parcel (in a partial acquisition), which development rights may be in mitigation of all or a portion of just compensation, as appropriate (to include severance damages, if any), for the portion of property acquired by the city.

(a)

Pre-application conference. It is required that an applicant for transfer of development rights schedule a pre-application conference with the city. With the request for a pre-application meeting, the applicant shall provide to the city a written proposal and a conceptual plan setting forth the SP tract, the development rights proposed for transfer, the proposed development of the RP tract, to the greatest extent known and feasible at the time of the submission, and the known development bonuses and known code deviations necessary to develop the RP tract with the requested transfer. City staff shall review the pre-application conceptual plan for basic conformity with this division; however, specific code deviations which may be unknown at the time of conceptual plan submission shall not be addressed by staff, if not listed or otherwise indicated as such on the conceptual plan. Staff shall provide preliminary feedback and a nonbinding determination of whether transfer of development rights might be feasible based on the criteria known at the time of submission of the conceptual plan.

(b)

Application. The transfer and receipt of development rights by its nature involves at least two different parcels of real property. Therefore, any transfer of development rights proposal submitted shall be a joint application by the respective property owners unless both properties are owned by the same owner, or the transfer is to the remainder of a tract from which the city acquired a portion such as for right-of-way or parks. A property owner(s) desiring to obtain permission to transfer development rights between particular properties shall file an application for same. Such application shall be filed with the growth management director on a form requesting information as the director may reasonably require, and shall include the following application support materials in a quantity determined to be adequate by the director:

(1)

Name, address, and telephone number of the property owners and the owners' authorized agent, if any.

(2)

Legal description and recent survey of the SP and the RP.

(3)

Map drawn to scale of not less than one-inch equals 400 feet, showing existing land use on the sending and the receiving properties and any existing streets, structures, watercourses and easements within or adjacent to the property. This map shall include a north directional arrow and shall also show the gross acreage of the properties, and the net acreage after any disqualified land is subtracted.

(4)

Statement identifying the existing zoning on the SP and the RP and legal or regulatory restrictions and the total number of unit development rights sought to be transferred, with calculations demonstrating the amount of development rights to be retained on the SP tract are sufficient to accommodate any existing development on said tract.

(5)

A legal description and sketch of description of the SP and RP tracts, prepared and signed and sealed by a Florida licensed professional surveyor, on 8½ x 11-inch paper, at a legible scale suitable for recording.

(6)

Evidence of title in the form of a title opinion, prepared by an attorney licensed in Florida, or a certification by an abstractor or title company authorized to do business in Florida, showing marketable title to the SP tract to be in the name of the owner/developer and showing all liens, mortgages, and other encumbrances not satisfied or released of record, with consent to the transfer of development rights from any mortgage or lien holder of the SP tract.

(7)

A conceptual site plan for the RP tract on 24-inch by 36-inch sheets identifying all known or anticipated development bonuses and code deviations necessary to develop the receiving parcel with the requested transfer of development rights.

(8)

Pursuant to the requirements of section 3.4.4 for public hearings before the planning board, a list of property owners within 300 feet of the RP tract and any adjacent land under the same ownership as the RP tract, a map indicating the location of those properties and the 300-foot boundary line, and all other public hearing materials required by said section.

(9)

Any other items as may be required by the growth management director to completely describe or evaluate the request.

(10)

The required submittal fee for the application.

(c)

City review. The city review process for applications for the transfer of development rights shall generally mirror the review process for other public hearing applications involving development review committee, planning board, and city commission reviews. Upon acceptance of the formal application by the growth management director, the request shall be reviewed by the development review committee and appropriate city departments. Upon completion of the first review, the applicant is required to meet with the development review committee to review the comments. The applicant shall address said comments prior to the presentation of the application to the planning board. Upon the applicant's satisfactory response to comments, the application shall be forwarded with staff findings and recommendations to the planning board for review at a public hearing. Each city review shall be completed within 30 days, and any application not resubmitted by the applicant within 30 days of city review shall be considered expired.

(d)

Planning board review. The planning board shall review the application, the findings and recommendations of city departments, and, after notice and hearing as required by the land development code, shall make findings of fact regarding the criteria set forth at sections 3.45.2 through 3.45.4 and recommend the application to the city commission for approval, approval with modifications or conditions, or denial.

(e)

City commission action.

(1)

The city commission shall review the application and the findings and recommendation of the planning board, and after notice and hearing as required by the land development code, shall approve, approve with modifications or conditions, or deny the application. Such approval shall be conditioned upon delivery to the city of an executed restricted use and transfer agreement in a form acceptable to the city attorney, which shall specify the amount of transferable development rights which are being transferred and the real property from which the rights are transferred, and shall contain any restrictions creating development limitations as provided in the application or as specified by the city commission. Additionally, the restricted use and transfer agreement shall contain a covenant restricting in perpetuity the use of the parcel from which the rights have been transferred. The recorded copies of same shall serve as the transfer permit for the City of Altamonte Springs. Other reasonable conditions, including, but not limited to, rezoning related to the transfer, vacation or change to existing plats or site plan revisions may also be included.

(2)

In the event the city commission determines during a zoning or development review process that an RP of transferred development rights reflects unique or unusual circumstances, or is surrounded by uses such that a development of the parcel at an increased density, intensity or height would be contrary to the public health, safety or welfare, and may be inconsistent with the comprehensive plan, the city commission may limit the development rights that may be used on the receiving parcel to a density, intensity or height lower than that requested in the application or previously approved by the city commission. The city commission shall as part of any approval of transfer of development rights that limits the use of transferred development rights to less than the indicated amount requested by the property owner or developer, include specific findings of fact on which the limitation is based and shall specify what change, if any, that would make the parcel proposed for development eligible for use of additional development rights.

(a)

Application for site plan approval. Upon application for site plan approval where the applicant seeks to utilize transferred development rights, the applicant shall also submit the following materials:

(1)

An affidavit of ownership along with a copy of the recorded restricted use and transfer agreement conveying the development rights. If the applicant has entered into an option agreement for the RP tract and the transfer of development rights attached to the RP tract, a letter of authorization from the property owner shall be provided along with a statement by the applicant that the deed of transfer will be recorded prior to the issuance of a building permit.

(2)

A notarized statement that the development rights reflected on the restricted use and transfer agreement have not been conveyed to any other property.

(3)

A notarized statement that the development rights have not been previously used or exercised by any person on the parcel of land from which the development rights have been transferred (the SP) or any other parcel of land.

(b)

Site plan consistency with TDR application. As part of the site plan application, the applicant shall identify the final list of all development bonuses and code deviations necessary to develop the RP, and shall submit the appropriate development bonus proposal and waiver/variance applications for city review. The final project scope, site design, development bonuses, and code deviations should be largely consistent with the conceptual site plan submitted by the applicant to the city as part of the TDR application, and as may have been amended or conditioned by the city commission. However, due to the preliminary nature of the TDR conceptual site plan, it is recognized that the final project may vary from the conceptual plan. Such variations shall be reviewed by the city during site plan review, and the growth management director shall determine whether the change(s) represent a major or substantial change in the approved TDR conceptual site plan which would affect the intent and character of the approved TDR or conformance with the intent of this division. Changes which, after review by the growth management director, are determined to substantially affect the intent and character of the approved TDR or conformance with the intent of this division shall be reviewed and approved by the planning board and city commission. Minor changes may be approved as part of the site plan application review process.

(c)

Application for building permits. Upon application for a building permit where the applicant seeks to utilize transferred development rights, the applicant shall submit building plans in strict accordance with the approved transfer of development rights, approved site plan, and the requirements of the land development code.

Nothing herein shall prevent the city commission from exercising its legislative authority to change the zoning or land use designation on property within the corporate limits of the city, including those parcels designated sending or receiving lands under the ordinance from which this division derives. Subsequent rezoning or comprehensive plan changes of a receiving tract may reduce or extinguish transferred development rights.

Whenever the requirements or provisions of this division, "transfer of development rights," are in conflict with the requirements or provisions of any other lawfully adopted ordinance, the most restrictive requirement shall apply. However, to the extent that the transferred development rights created pursuant to this section may exceed densities, intensities and heights permitted by the city's current general zoning laws, this section shall supersede such general zoning laws.