§ 30-727. Applying TDR concept (excluding Town Center SAP).

(a)

Basic model example [based on three (3) DU/net developable acre land use category].

(1)

A twenty-acre (20-acre) property is designated as three (3) DU/net developable acre on the Lakeside Village SAP Recommended Land Use Plan.

(2)

Without TDR, a PD rezoning would require this property to be developed with sixty (60) DU.

(3)

Prior to PD/LUP submittal, the twenty-acre property receives development rights from a designated one-acre Upland Greenbelt buffer within the Lakeside Village SAP [eleven (11) DUs/net developable acre TDR value].

(4)

Consistent with an associated TDR agreement, a TDR sending area easement is recorded for the affected sending area parcel/tract.

(5)

An approved PD/LUP and recorded TDR agreement for the twenty-acre property shall declare how the TDR is applied, through the increase or decrease in the required density. With a density increase, the property may be developed with up to seventy-one (71) DU [sixty (60) DU plus eleven (11) TDR credits]; or with a density decrease, the property may be developed with no fewer than forty-nine (49) DU [sixty (60) DU minus eleven (11) TDR credits].

(b)

Increased density areas.

(1)

Certain areas within the village may be at higher densities:

a.

Village centers; and

b.

Other areas as established by SAP or PD.

(2)

An applicant who desires to increase the required density must acquire the appropriate amount of TDR credits prior to PD approval or substantial change approval.

(3)

There are a limited number of available TDR credits in each Village SAP neighborhood. Excluding the Town Center, which is addressed in Section 30-728 below, the maximum density increase per PD District is as indicated in the following chart; construction above the average density after the use of TDR within a PD District is prohibited.

TDR MAXIMUM INCREASE

Starting Maximum Density (DU/net developable acre)	Maximum Average Density Increase (DU/net developable acre)	Maximum Allowable Density after TDR (DU/net developable acre)
1.00	0.25	1.25
1.25	0.25	1.50
2.00	2.00	4.00
2.50	2.00	4.50
3.00	3.00	6.00
3.75	3.00	6.75
4.00	4.00	8.00
5.00	5.00	10.00
6.00	6.00	12.00
7.50	4.50	12.00
8.00	4.00	12.00
10.00	2.00	12.00
12.00	8.00	20.00
16.00	4.00	20.00
18.00	2.00	20.00
25.00	0.00	25.00

 

(4)

No PD development permits will be issued until TDR credits are presented to and accepted by the county.

(5)

Each PD using TDR shall submit a report summarizing the cumulative availability of TDR credits within the particular neighborhood. The amount of available density increases is that amount needed to preserve the maximum elementary school attendance, as documented in the SAP.

(c)

Decreased density areas.

(1)

An applicant who desires to decrease the required density must obtain the appropriate amount of TDR credits prior to PD approval or substantial change approval.

(2)

There are a limited number of TDR credits in each Village SAP neighborhood. Excluding the Town Center, which is addressed in Section 30-728 below, the maximum density decrease per PD District is as indicated in the following chart; construction below the average density range after the use of TDR within a PD is prohibited.

TDR MAXIMUM DENSITY REDUCTION

Starting Minimum Density (DU/net developable acre)	Maximum Average Density Reduction (DU/net developable acre)	Minimum Allowable Density after TDRs (DU/net developable acre)
1.00	0.20	0.80
2.00	1.00	1.00
3.00	1.00	2.00
4.00	2.00	2.00
6.00	3.00	3.00
8.00	3.00	5.00
12.00	4.00	8.00
16.00	4.00	12.00
20.00	4.00	16.00

 

(3)

Density reduction, if approved, becomes part of a recorded title or deed restriction and shall be reflected on the PD/LUP.

(4)

Each PD using TDR shall submit a report summarizing the cumulative availability of TDR credits within the particular neighborhood. The amount of available density decreases is that amount needed to prevent urban sprawl and preserve the minimum elementary school attendance, as documented in the SAP.

(d)

Securing TDR transfers.

(1)

A PD condition of approval shall preclude the issuance of any development permit without the applicable amount of TDR credits being established over the property to be permitted. The PD/LUP or PD/UNP shall list proposed receiving and sending locations.

(2)

At a minimum, any applicant representing a TDR receiving site shall present unrecorded TDR credits from the applicable TDR sending site, as part of the PD or substantial change application, in the form of a conservation easement, restrictive covenant, or other appropriate instrument. Such document(s) shall include a legal description and survey and shall indicate the affected acreage and density transferred. Form documents (templates) shall be available through the county.

(3)

The sending site easement/covenant shall be recorded in the public records at the applicant's expense and may be reflected as a PD condition of approval.

(4)

The county will formally accept the sending site easement/covenant at the time of receiving site plan approval.

(5)

If the PD is not approved, the county will not accept the easement/covenant and shall return the unrecorded document to the applicant.

(Ord. No. 97-10, § 1, 5-20-97; Ord. No. 99-10, § 4, 3-23-99; Ord. No. 2014-05 , § 1, 2-11-14)