Transferable Development Credits

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1 Transferable Development Credits Four American Examples Guy Greenaway and Kimberly Good Miistakis Institute, University of Calgary Community Planning Association of Alberta Red Deer April 7, 2008

2 Four Programs Larimer County, Colorado Boulder County, Colorado Montgomery County, Maryland Calvert County, Maryland

3 Outline Background The purpose of the program How the program got started Four Components Determining Sending Area Determining Receiving Area Credit Transfer Process Program Administrator

4 Larimer County, Colorado - Purpose Long term desire to keep two cities separated Different cultures between cities Farmland View scapes Important Bird Habitat Airport zone Hiking trails Wildlife Corridors

5 Larimer County Getting Started Started process to design technical aspects of program Switched to public consultation to reestablish vision it was consistent Photo credit: Chuck Stiefke, Larimer County

6 Larimer County Establishing Sending Areas Geographically specific sending areas based on the goals of the program Land between Loveland and Fort Collins Farmland Mountains views Wildlife corridors Hiking trails Photo credit: David Mosher, Larimer County

7 Larimer County Establishing Receiving Areas A local developer is credited with establishing the receiving area Second developer got involved Photo credit: Ron Krutsch, Larimer County

8 Larimer County Establishing Areas

9 Larimer County, Colorado Credit System Voluntary sending and receiving areas If don t enter TDU program can use land according to current zoning classification Try to make program so appealing that people will choose to enter it Photo credit: Steve Moore, Larimer County

10 Larimer County, Colorado Credit System Sending sites landowners request an evaluation of their land Initial TDUs (1 TDU / 2 acres) - % bonuses (or penalties) based on: Presence of regional recreation trails or wildlife corridors Preservation for agriculture Provision of recreation and education opportunities Scenic or historical values; vistas of community importance Existing uses and historical development approvals

11 Larimer County, Colorado Credit System Developers received 1.5 : 1 building units Fossil Lake Ranch development density increased 8 10 times what it would have been without TDU s

12 Larimer County, Colorado Program Administrator Municipal planning department Photo credit: Larimer County

13 Boulder County, Colorado - Purpose To protect agricultural land, rural open space and character, scenic vistas, natural features, and environmental resources Direct development to current centres Photo credits: Boulder County

14 Boulder County, Colorado Getting Started County Driven with significant public support Public regularly supports land use planning efforts to protect the environment through plebiscites Initially used a clustering technique called Non- Urban Planned Unit Development (NUPUD) No subdivision plan required if property was greater than 35 acres 2 units/35 acres with a conservation easement on rest of land A lot of CE s were used but larger scale agricultural land not being protected 35 acres was too small

15 Boulder County, Colorado Getting Started Changed to non-contiguous non-urban planned development (NCNUPUD) Could transfer units to other parcels under different ownership Problems with this program Receiving areas not pre-designated Builders responsible for consultation which was difficult with no guarantees

16 Boulder County, Colorado Getting Started Ten years after NCNUPUD program, introduced TDR program Photo credit: Charlie Johnson, Larimer County

17 Boulder County, Colorado Establishing Sending Areas Sending sites are essentially any piece of undeveloped land greater than 35 acres that cannot be a receiving site. Photo credit: Boulder County

18 Boulder County, Colorado Establishing Receiving Areas Receiving areas are designated around two unincorporated centres OR can be applied for based on criteria such as proximity to current infrastructure and services

19 Boulder County, Colorado Credit System 2 units / 35 acres can be transferred with an extra unit per 35 acres if the water rights are deeded to the county Underlying density is 1 unit / 35 acres Parcels smaller than 140 acres can build 1 unit and transfer remaining 2 units / 35 acres Parcels larger than 140 acres can build or transfer any combination not exceeding 2 units / 35 acres transferred and 1 unit / 70 acres built

20 Boulder County, Colorado Credit System Developers build 1 unit / TDR purchased Receiving site BIG INCENTIVE early in process developer can get a pre-screen with commissioners for approval potential Boulder County Board of Commissioners: Will Toor (Vice- Chair), Ben Pearlman (Chair), Cindy Domenico

21 Boulder County, Colorado Program Administrator Municipal planning department Photo credits: Boulder County

22 Montgomery County, Maryland - Purpose Significant land use conversion after WWII from agricultural to residential

23 Montgomery County, Maryland Getting Started Did a build out scenario could have developed acres per year Created 93,000 acre Agricultural Land Reserve Down zoned entire ALR to 1 unit / 25 acres from 1 / 5 acres

24

25 Montgomery County, Maryland Establishing Sending Areas All land in the Ag Land Reserve Photo credits: Montgomery county

26 Montgomery County, Maryland Establishing Receiving Areas Any development outside the Ag Land Reserve could be Photo credit: Montgomery County

27 Montgomery County, Maryland Credit System All parcels of land in the sending area regardless of the ability to develop were given four credits with the ability to build 1 unit for every 25 acres of land Developer gets 1 receiving area unit / credit purchased

28 Montgomery County, Maryland Program Administrator Sending area County Agricultural Services Department The 2008 Buy Local Challenge Receiving area County Planning Department

29 Calvert County, Maryland - Purpose

30 Calvert County, Maryland Getting Started Similar to Montgomery County saw land use conversion Did build out scenarios public opposed to what that would look like Started looking at options to brought forward to the community TDRs were selected Down zoned entire county from 1 unit / 5 acres to 1 unit / 10 acres; another down zoning in 2000 from 1 unit / 20 acres

31 Calvert County, Maryland Establishing Sending Areas Calvert County s program is very tightly tied to their zoning Agricultural Preservation Districts (APD) Designated Farm Community Resource Preservation District Critical Natural Area Applications made to the Agriculture Preservation Board Land is assessed based on pre-established criteria for conservation purposes

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33 Calvert County, Maryland Establishing Receiving Areas Transfer Zone Districts (TZD) New TZD can be designated If associated with current subdivision all residents must sign on At least 50% of area must be designated open space Application made based on pre-established criteria for development purposes Photo credit: Calvert County

34 Calvert County, Maryland Credit System One unit per 5 acres can be sold When one unit is sold a conservation easement is registered on total parcel If no units are sold after 5 years the landowner can provide notice that they will leave the program in 12 months 5 units required to build 1 unit Photo credits: Calvert County

35 Calvert County, Maryland Program Administrator Agriculture Preservation Board Planning Department Photo credits: Calvert County

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