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2009 ULDC Update September 8, 2009

2009 ULDC Update September 8, 2009. General Provisions Affordable Housing Signs Transfer of Development Rights. Changes Discussed at First Hearing. Added language to 402.05(a) to include cost to County tax-payers of new ULDC regulations and Comprehensive Plan policies.

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2009 ULDC Update September 8, 2009

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  1. 2009 ULDC UpdateSeptember 8, 2009 General Provisions Affordable Housing Signs Transfer of Development Rights

  2. Changes Discussed at First Hearing • Added language to 402.05(a) to include cost to County tax-payers of new ULDC regulations and Comprehensive Plan policies. • Better defined necessity of clustering of residual units on TDR sending properties. • Removed Wildfire Mitigation language from proposed changes • Added language allowing produce stands • Removed wording “not legible from public way” from sponsorship signs criteria

  3. Summary of Changes • Building permit review for affordable housing • Affordable housing impacts of Comp Plan and ULDC amendments • Regulations affecting mining, excavation, and fill • Signs in public utility rights-of-way • New Transfer of Development Rights Program

  4. Chapter 401 • Administrative Permit change from 1,000 square feet of gfa and less than 500 square feet of paved area to 1,500 square feet of impervious area total. Anything over 1,500 square feet of impervious area requires DRC review.

  5. Chapter 402 • Affordable Housing • Building permit review within six business days • Evaluate the impacts of proposed Comprehensive Plan amendments and ULDC amendments on affordable housing • Clarifications in concurrent processing of Preliminary Plans with SUPs, Special Exceptions and PDs.

  6. Chapter 403 • Changed definition of Ag-TDR zoning district and deleted the other TDR zoning districts • Added a Conservation –Transfer of Development Rights district. (C-TDR)

  7. Chapter 404 • Added the allowance for dance studios in the BR (Business Retail) district • Added the use Indoor Sports Training Facility (gymnastics…) • Clarified access issues for civic organizations and places of worship separated from road by utility rights-of-way. • Clarified measurement of dock enclosures – width not length • Changed 5-year renewal requirements for excavation and fill

  8. Chapter 405 • Clarified location of utility equipment and ductwork above finished floor elevation, which is one foot above base flood elevation.

  9. Chapter 407 • Defined calculation for fence height – same as sign height calculation • Added ability for large single family lots to have architectural fence features up to 8 feet in height provided the primary height of the fence or wall is not above 6 feet • Added minimum aisle dimensions for angled and perpendicular parking on two way streets.

  10. Chapter 407 - Signs • Removed two year time frame for real estate signs from temporary signs in residential districts. Now allowed until 90 percent of lots are sold. • Defined copy for clarity – letters and logos • Changed additional freestanding sign provisions to apply to properties within Activity Centers, not governed by an Activity Center Master Plan as is currently the case.

  11. Chapter 407 • Added section on signs in Public Utility Rights-of-Way • Allowed further flexibility in project boundary buffers and roadway buffer • Clarified location of drainage easements between properties

  12. Chapter 410 - Definitions • Expanded industry and light industry definition to include Plumbing, Heating and Air, etc. • Added outdoor recreation definition from Comp Plan • Changed principal portion of building for signs to include parapet not more than 10 feet above eave of principal building.

  13. Transfer of Development Rights • Implements program adopted in Comp Plan • Establishes sending and receiving areas • Calculation of development rights • Transfer of Development Rights certificate • Use of transferred rights • Rezoning of Sending parcel

  14. Sending Areas - Agriculture • Agricultural Sending Areas • Approved ag classification from property appraiser • Outside the urban cluster • 160 acres or more • Exceptions to the size (never less than 40 acres): • Contiguous to another designated sending area • Exceptional agricultural value based on: • Current ag use of property • Economic value of the use • Types of soils • Local marketing of products • Sustainable farming practices such as low-loss irrigation and organic certification

  15. Sending Areas - Conservation • Property contains Strategic Ecosystems or is on Alachua County Forever active acquisition list • 160 acres or more • Exceptions to the Size (never less than 40 acres) • Contiguous to a designated sending area • Contiguous to a property that meets original criteria

  16. Calculation of Development Rights • Equal to or lesser of the following (minus residual units) • Number of residential units allowed on property, or • Number of upland acres on the sending property • Incentive • 2 extra development rights • Plus 1 additional right per every 10 acres of conservation area on site and 1 additional right per every 20 acres of non-conservation area on site.

  17. Residual Uses • Agriculture • Up to one du per 40 acres and continuation of ag uses using BMPs - when a portion of the property contains Strategic Ecosystem, Conservation guidelines apply. • Conservation • Up to one du per 200 acres where consistent with a Management Plan • Higher densities up to 1 du per 40 acres where demonstrated that there is no impact on resource protection and where consistent with Management Plan • Agriculture uses with BMPs • Existing homestead may be retained.

  18. Transfer of Development Rights Certificate • Requires application • Once potential rights have been calculated, transferor shall be issued a TDR Certificate • Prior to rights in Certificate being transferred, sending property owner shall: • Record a perpetual easement for conservation or agriculture purposes • Develop and submit for approval a conservation management area Plan in accordance with ULDC Ch. 406, Articles 17 and 20 • Submit an application for rezoning of property (County-sponsored)

  19. Sale of Development Rights • Instrument of transfer must be completed and notarized • Use of Rights • Open Space Reduction • Requires submittal of development plan with Instrument of Transfer and proof of purchase of rights • Comprehensive Plan Amendment to Expand Cluster • Application for amendment • Instrument of Transfer • Proof of contract to purchase rights • Prior to the adoption hearing, the receiving owner shall provide proof of purchase of rights • Rezoning to a sending district : Ag-TDR or C-TDR

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