§ 138-352. Transferable development rights.

(a)

Development rights may be transferred from areas designated for preservation (P) or preservation-resource management (P-RM) on the future land use map (FLUM) to other locations under the same or different ownership, regardless of whether the parcel(s) receiving development rights is (are) contiguous to the sending parcel.

(1)

Areas designated on the FLUM as preservation (P) or preservation-resource management (P-RM) shall have a development rights transfer of up to one residential unit per acre, or a building floor area to lot area ratio (FAR) of up to five percent per acre (nonresidential), depending on the applicable FLUM classification(s).

(2)

Preservation development rights noted above represent development rights that may be transferred from preservation (P) and preservation-resource management (P-RM) FLUM categories to other FLUM categories; actual land uses within preservation (P) and preservation-resource management (P-RM) FLUM categories are restricted to uses permitted by the FLUM rules.

(b)

Development rights associated with dedicated parkland or open space, dedicated drainage areas or drainage easements in conjunction with development, future public park or open space sites, and proposed open space provided in conjunction with new development proposals (e.g., public space within mixed-use projects) may be transferred to other properties, regardless of whether these properties are contiguous to the sending parcel, in accordance with the project's FLUM designation(s) or zoning, whichever is more restrictive. The area within which the transfer occurs must be subject to a site plan, master plan or comparable approval process.

(c)

If the situation in the implementation of 'a' or 'b' above meets the requirements of density/intensity averaging then the provisions for density/intensity averaging under section 138-353 may be utilized.

(d)

The aggregation of development rights between contiguous property(ies) in different FLUM categories that exceed a combined total of five acres is subject to these provisions on transferable development rights, and must be part of a site plan, master plan or comparable approval process.

(e)

Development rights may only be transferred to a receiving parcel that remains consistent with the use characteristics of its given FLUM category, and post transfer of development rights in receiving areas should result in a land use density, intensity and pattern that is compatible with the natural environment, support facilities and services, and the land uses in adjacent and surrounding areas.

(f)

There shall be no transfer of development rights to the recreation/open space (R/OS), preservation (P) or preservation-resource management (P-RM) FLUM categories.

(g)

Transfer of development rights that occur in transit oriented development (TOD), activity center, and mixed-use corridor categories must follow an associated specific/special area plan or transit station area plan.

(h)

The nature of submerged lands is such that they do not have development potential in and of themselves. As a result, the intensity of existing and planned development should be based upon a determination of the adjacent upland's natural carrying capacity and suitability for development. Furthermore, the transferring of development rights from submerged lands often makes it extremely difficult to plan the adequate provision of public services and facilities, and frequently results in poor land use transitions resulting in adverse impacts upon adjacent land uses, and may over burden the natural carrying capacity of upland areas. Therefore, there shall be no transfer of any development rights from or to submerged lands.

(i)

The maximum permitted density/intensity of the FLUM category for any parcel of land to which development rights are transferred shall not exceed 25 percent of the otherwise maximum permitted density/intensity allowed for each respective FLUM category applicable to such parcel, except as may be otherwise specifically provided for in an associated specific/special area plan or transit station area plan.

(j)

Where all development rights have previously been transferred from a sending parcel, no additional development rights shall be transferrable from that sending parcel.

(k)

There shall be no transfer of development rights from outside the coastal high hazard area (CHHA) into the CHHA, or from outside the coastal storm area (CSA) into the CSA.

(l)

There shall be no transfer of development rights from existing developed property, irrespective of whether or not that property has been developed to the maximum density/intensity permitted under the FLUM, except for preservation of archaeological, historical, or environmental sites or features.

(m)

Where development rights are transferred from a sending parcel, that property shall only be used in a manner and to the extent specified in the transfer and recording mechanism. Any parcel from which development rights are transferred will be limited to the use and density/intensity that remains after the transfer. In particular:

(1)

The residual development rights on the sending parcel will be limited to the remnant use and density/intensity available under the FLUM category, and not otherwise transferred.

(2)

Neither the use nor density/intensity of a sending parcel shall be double-counted and the transfer of development rights shall not result in any combination of use or density/intensity above that which was otherwise permitted under the applicable FLUM category for each the sending and receiving parcels, when taken together. Section 4.2.3.5 of the countywide rules enables density bonuses above the category maximums for affordable housing projects irrespective of the transfer of development rights process.

(3)

A sending parcel from which all development rights are transferred shall not thereafter be available for use except consistent with the use characteristics and density/intensity standards of the R/OS category, except for sending parcels classified as P or P-RM, or required to be classified as P or P-RM as a function of the transfer, in which case such parcels shall be limited to the use characteristics and density/intensity standards of the P or P-RM category.

(n)

Transfer of development rights shall require recording the transfer of density or intensity in the public records with the Clerk of the Circuit Court of Pinellas County in a form approved by the countywide planning authority, and a record copy of same shall be filed with the Pinellas Planning Council.

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)