Preserving Agricultural Land by Transferring Residential Density in Calvert County, Maryland Presentation by Jenny Plummer-Welker, Principal Planner

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1 Preserving Agricultural Land by Transferring Residential Density in Calvert County, Maryland Presentation by Jenny Plummer-Welker, Principal Planner Red Deer County, Alberta, Canada August 13, 2008

2 Overview of Presentation History of Calvert County s Program Program s Purposes Calvert s Achievements How the Program Works Sending & Receiving Areas Determining # of Credits How Transactions Occur/Determining Price Other Local Preservation Programs Conclusions

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4 City City

5 Centuries of Growing Tobacco

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8 Calvert County early 1970 s Cartoon by Bill Pittman

9 History of County s Program 1970s Large lot zoning reduces # of households located in rural areas but impacts prime farm & forestland by taking it out of production 1978 Calvert County adopts the first Transferable Development Rights (credits) program in Maryland

10 History of County s Program 1983 Comprehensive Plan sets forth policies for two public mandates protect rural character promote economic development

11 History of County s Program Plan creates Town Centers to direct commercial & higher density residential development away from farms, environmentally sensitive areas, and highways

12 Comprehensive Plan Visions Our landscape is dominated by forests and fields Benchmark: At least 40,000 acres of farm and forestland are preserved. Our Town Centers are attractive, convenient, and interesting places to live, work and shop. Benchmark: 35% of new households are located in or immediately around Town Centers

13 Dunkirk Owings Municipalities: North Beach & Chesapeake Beach Calvert County Zoning Districts Huntingtown Prince Frederick St. Leonard Farm & Forest Rural Community Residential Town Center Industrial Lusby Solomons

14 90,000 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000 Population Growth & Land Preservation/Growth Management Initiatives 0 5 acre zoning 1974 Town Centers 1983 County TDR 1978 Mandatory Cluster 1992 APFO 1988 PAR acre w/ TDR buyback, leveraging & $$$ acre w/ TDR buyback

15 150,000 Population Projections Before and After Comprehensive Rezoning 125, ,000 Before After 75,000 50,000 25,

16 Directing Growth to Towns The solution to sprawl is to direct growth to towns and cities. The same is true in Calvert County, Maryland.

17 Directing Growth to Towns Commercial development is concentrated in a few locations rather than scattered all up and down Rt. 2/4.

18 Directing Growth to Towns Housing choices have greatly expanded for all ages and incomes.

19 Directing Growth to Towns Commercial buildings are attractive and provide convenience goods and services.

20 The Town Center concept, adopted 24 years ago, has made a huge difference in our quality of life, guiding our decision-making ever since.

21 Windfalls and Wipeouts of Zoning: When land is zoned Town Center, its value usually increases dramatically TDRs can help balance the inequities caused by using zoning to direct growth.

22 What Factors Affect Residential Land Value? htopography h Farm Productivity h Road Access h Adjacent property uses and views h Allowable zoning density h Market demand

23 How Does Development Value Compare with Farm Value? Conventional Wisdom: Land Value is controlled by lot potential in rural areas Reality is that land value is largely a factor of farm value 18,000 16,000 14,000 12,000 10,000 8,000 6,000 4,000 2,000 0 Development Value Land Value

24 Simple in Theory

25 Why Use TDRs/TDCs? Separate the development value of land from the residual or farm value of land Use private sector funds to preserve land Redirect growth to places more suited to growth Are a proven technique Are particularly helpful for land trusts seeking to protect critical farms * Low density zoning does not preserve land *

26 Purposes of Agricultural Land Preservation Program Offer an incentive for preserving prime agricultural & forestry land Reimburse landowner who voluntarily places covenants on land Use free market system to finance preservation

27 Purposes of Agricultural Land Preservation Program Guide development away from prime lands Promote & preserve intact rural agricultural communities Minimize potential conflicts between agricultural and non-agricultural land uses

28 Calvert s Achievements Over 13,200 acres preserved using TDRs Widespread land owner and developer support TDRs helped three land trusts preserve over 1,700 acres

29 Calvert s Achievements Developer investment in TDRs is approximately $110,000,000 (value in current dollars) We ve been able to help balance windfalls and wipeouts of zoning

30 Requirements for Agricultural Preservation Districts Land must be located in Designated Agricultural Area, Zoned Farm and Forest District, or Consists of 50 or more contiguous acres (approx. 20 hectares) Dunkirk Owings Huntingtown North Beach Chesapeake Beach Prince Frederick St. Leonard Lusby Solomons

31 Requirements for Agricultural Preservation Districts Permit continuation or initiation of viable agricultural or forestry production 75% suitable for cropland or managed forest land Meet soil criteria No more than 50% comprised of floodplain soils

32 Determining Number of Development Rights/Credits One Development Right allocated for each acre Subtract 5 Development Rights for each residence Add 5 Development Rights for each 1-acre grandfathered lot authorized but not used

33 Determining Number of Development Rights/Credits Number of TDRs (5) is based upon # of acres that was needed to create one residential lot Residential density has changed due to the down zonings: Currently 20 acres are required in Farm and Forest District to create a lot Currently 10 acres are required in Rural Community District to create a lot

34 Determining Number of Development Rights/Credits 5 Development Rights required for each additional dwelling unit Developer must show proof of purchase Subdivision plan/site plan states # of Development Rights used & reference to sale transfer in land records

35 TDRs Sending & Receiving Areas Development Rights Sending Areas: APDs in Farm and Forest, Rural Community & Residential Districts Receiving Areas: Town Centers, Rural Community & Residential Districts

36 What about the Receiving Areas? Dozens of successful projects, from single family projects to multi-family- some of the nicest housing communities in the County.

37 Per Acre TDR Values $7,500 TDR Values Rebalancing zoning densities in 2003 increased TDR values.

38 Buyer & Seller Transactions County maintains list of TDR owners interested in selling List provided to buyer Buyer must contact owners and negotiate a price County reviews legal documents and notes sale

39 Preservation of Agricultural Preservation District First Development Right transferred triggers the preservation of the entire District. District owner has potential to create a limited # of residential lots, based upon District size.

40 Types of Transferable Development Rights/Credits County s Agricultural Land Preservation Program Residential TDRs Forest Conservation TDRs County s Small Lot TDR Program Residential TDRs

41 Other Local Preservation Tool Transferable Development Rights: Purchase and Retirement (PAR) Fund Leveraging and Retirement (LAR) Fund Easements: Maryland Agricultural Preservation Program Maryland Rural Legacy Program Maryland Environmental Trust

42 Local Preservation Programs: Achievements Transferable Development Rights: 13,200 acres preserved County purchase of Development Rights: 5,350 acres preserved Purchase of State Easements: 7,000 acres preserved. > 25,550 acres preserved out of a goal of 40,000 acres: 60% towards goal

43 A Look at Zoning and Development Pressure TDR programs provide a realistic, fair system of compensating those property owners whose land is zoned for the agricultural/forestry uses.

44 How to Make a TDR Program that Works Determine the anticipated development potential Establish zoning densities in receiving areas based on that development estimate Require that at least half of the lots be created by use of development rights

45 How Can TDR Program Help Affordable/Senior Housing? Local governments need to be able to give incentives for affordable/senior housing to occur. If TDRs are part of the cost of development, then waiving TDRs is an incentive.

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47 It s All About

48 Contact Information Calvert County Planning and Zoning 150 Main Street Prince Frederick MD website