§ 94-132. Transfer of development rights program.

(a)

Intent. The TDR program is a tool to promote the preservation of historic properties and the creation of urban open space. The TDR program allows the transfer of unused development rights from historic properties or newly created urban open spaces, called sending sites, to receiving sites within the DMP area.

(b)

Applicable area. The TDR program shall apply to qualified properties located within the DMP area. A property is deemed qualified to participate in the TDR program if it is designated as an eligible sending site or receiving site on Figure IV-35 (eligible sending sites authorized by section 94-132(c)(4) and (c)(5) are not reflected on Figure IV-35).

(c)

Sending site requirements. To qualify as a sending site, a property shall comply with all the requirements set forth in this section as follows:

(1)

Historic property sending site.

a.

Designation as an individual historic property, or contributing to a historic district according to section 94-48.

b.

Completion of renovation according to the standards set forth in sections 94-45 through 94-49 pertaining to historic preservation and inspection approval by the historic preservation division.

c.

Issuance of a certificate of occupancy.

(2)

Landmark sending sites (local or national register landmark status).

a.

Designation as an individual historic landmark, or contributing to an historic landmark district according to section 94-48 or in accordance with the national landmarks program.

b.

Completion of renovation according to the standards set forth in sections 94-45 through 94-49 pertaining to historic preservation and inspection approval by the historic preservation division.

c.

Issuance of a certificate of occupancy.

d.

As an added incentive for historic landmark designation, sites with historic landmark status are eligible for additional city-owned TDRs in an amount equivalent to the site's existing development capacity. The following conditions apply:

1.

The site shall be identified in figure IV-35 as an historic landmark site.

2.

A long term maintenance plan approved by the city and adopted by the property owner shall be recorded as a covenant that runs with the land.

3.

Landmark properties shall maintain ten percent of the proceeds from the sale of TDRs for the future maintenance of the structure.

4.

Once the city-owned TDRs are depleted, as determined by the city, this incentive shall terminate.

(3)

Clematis Street conservation district sending site.

a.

Completion of all renovations according to the secretary of interior's standards for the rehabilitation and guidelines for rehabilitating historic buildings.

b.

Issuance of a certificate of occupancy.

(4)

Urban open space sending site.

a.

Ownership by the City of West Palm Beach.

b.

Designation as urban open space in Figure 3 of the Zoning Atlas.

c.

Completion of all improvements to the property according to the urban open space standards in section 94-109.

(5)

Sites with previously purchased TDRs.

a.

A receiving site that has acquired TDRs pursuant to the city's TDR program may transfer all or a portion of its unused TDRs to a new eligible receiving site following the transfer process established in this section.

b.

Upon DAC approval of such transfer, the certificate of transfer for the sending site shall be amended and recorded against the new sending site and the new receiving site in the city's TDR register and the county public records.

(6)

The amount of development rights that can be transferred from a sending site shall be calculated by multiplying the lot area by the FAR allowed in the base zoning identified in the building requirement table minus the total square footage of the existing structure located on the property. The amount shall not include the calculation of any additional FAR derived from an incentive program. For properties which received historic designation prior to June 29, 2009, the amount of development rights that may be transferred from a sending site shall be calculated by multiplying the lot area by the number of stories permitted by right in accordance with the 1995 downtown master plan.

(d)

Transfer process.

(1)

Letter of availability. Once the eligibility of the sending site is established by the planning director, a letter which reflects an estimate of the development rights available for transfer from the sending site may be issued by the planning department upon request.

(2)

Registry of TDRs. A TDR registry maintained by the city will record the total amount of development rights available on a site, and the date and amount of any transfer that occurs.

(3)

DAC approval. All transfers of development rights under the TDR program shall be subject to the approval of the DAC.

(4)

Certificate of transfer. Once DAC approves the actual transfer of development rights from the eligible sending site, a certificate which reflects the development rights being transferred will be issued. Certificates of transfer will be numbered and shall be recorded against the sending site and the receiving site in the city's TDR register and the county public records.

(5)

Enforcement through restrictive covenants. A city-approved restrictive covenant shall also be executed and recorded in the county public records (the TDR restrictive covenant). The TDR restrictive covenant shall describe the adjusted development rights of the sending site and receiving site. For sending sites with a historic structure, the TDR restrictive covenant shall provide that the owner shall maintain such structure in accordance with section 94-49. Such TDR restrictive covenants shall run with the land, shall be binding on successors, heirs and assigns, and shall require the joinder of all mortgagees of record. Execution and recording of the TDR restrictive covenant is required for the TDR transfer to be effective.

(6)

Banking of TDRs. TDRs may be acquired from a sending site and held for an undetermined amount of time until a suitable receiving site is found. DAC approval of the receiving site shall be obtained in order to utilize such TDRs.

(e)

Receiving site requirements. To be eligible as a receiving site, a property shall comply with the following conditions:

(1)

The property is depicted as a TDR receiving site on Figure IV-35.

(2)

The maximum number of development rights which a receiving site can receive is shown in Figure IV-35 and the corresponding incentive building requirements table for the subdistrict.

(3)

For properties on which future ROW is indicated on Figure 4 of the Zoning Atlas, and that elect to use an incentive program, the following requirements apply:

a.

Any new ROW setback and/or land dedication indicated in Figure 4 of the Zoning Atlas shall be provided as required in the corresponding incentive building requirement table. The setback area and/or land dedications shall become part of the public right-of-way.

b.

The setback area and/or land dedications may be included as part of the lot area for the purposes of calculating the FAR.

c.

The setback area and/or land dedications shall be excluded as part of all other building requirement calculations.

d.

Underground parking shall be permitted under the new ROW setback and/or land dedication.

e.

Proposed developments shall not be permitted to build over the new ROW setback and/or land dedication.

(4)

For properties designated as a QBD-8(25), and QBD-10(25) TDR receiving site, TDR eligibility is restricted to the development of a class A office, or a full service hotel, or a residential development according to Section 94-133(c). For properties designated as a QGD-10(30) TDR receiving site, TDR eligibility is restricted to the development of a Class A office or a full service hotel according to section 94-133(d).

(5)

The amount of development rights that can be transferred to a receiving site is calculated by multiplying the lot area by the additional FAR allowed in the corresponding incentive building requirement table as indicated by Figure IV-35.

(6)

Proposed developments which receive site plan approval utilizing the benefits of the TDR program must obtain DAC approval for the transfer of development rights and must possess the certificate of transfer before the site plan approval expires.

(Ord. No. 4213-09, § 6(Exh. A), 6-29-2009; Ord. No. 4476-13, § 1, 7-22-2013; Ord. No. 4547-15, § 2, 4-13-2015; Ord. No. 4563-15, § 2, 7-6-2015; Ord. No. 4691-17, § 5, 2-13-2017)