Boulder County, Colorado Preserving Rural Landscapes Using Transferable Development Rights and Other Open Land Preservation Tools December 2010 - Alberta, Canada Our mission to conserve natural, cultural and agricultural resources and provide public uses that reflect sound resource management and community values.
Boulder County, Colorado
Boulder County The Basics 740 sq. mi. 10 municipalities Pop. 303,000 2/5 Plains 3/5 Mountains Elevs. 4,800 14,256 Public lands = 550 sq. mi. (federal, state, county, local)
Boulder County in the 1970s Spread of Denver region northward toward Boulder County Influx of employment centers prompting nearby residential developments Extensive conversion of agricultural and ecologically significant lands to urban uses (permissive county zoning regulations) Significant public support for stronger growth control measures
Our Vision for Managing Growth Preserve rural places even as growth and development occurs Direct new urban growth to cities and towns Establish land buffers between communities
Codifying The Vision 1978 Adoption of the Boulder County Comprehensive Plan Urban-type growth would only occur in cities and towns and not in the rural countryside. Minimum parcel size 35 acres in unincorporated county to maintain rural character.
Tools to Implement the Vision No Subdivision of land into parcels of less than 35 acres Cluster Development Transferable Development Open Space Preservation Intergovernmental Agreements
Tool: Cluster Development Cluster Development bonus units above 1 unit per 35 acres is allowed on the plains in exchange for keeping at least 75% of the land in a conservation easement 10,000+ acres preserved in conservation easements since 1978
Tool: TDRs Transferable Development Rights TDRs Transfer from rural areas (Sending) to areas close to urban development (Receiving). Sending sites have conservation easements to preclude further development. TDR program has brought the equivalent of $35 million to open land preservation about 4500 acres. Recent adoption of an additional Transferable Development Credit program.
Tool: IGAs Intergovernmental Agreements (IGAs) define where cities and towns will grow and what land will remain as rural preservation Super IGA Countywide binding agreement. Nine cities and towns and the county agree to 20-year vision of where growth will occur National awards for innovation in planning
Super-IGA
Open Space Preservation Boulder County Open Space 35 years old Multiple Objectives for Preservation: Wildlife Habitat Urban-shaping Buffers Preservation of Historic Structures Scenic Vistas Agricultural Land
Open Space Taxes General Funds appropriated since 70s Voter approved sales taxes 1993 to now Four taxes 6/10 of a cent now in place Voter approved bonding authority Ten public votes since 1993 all but one successful
The Land Preservation Tools Benefits Compact Development Rural Land Preservation 95,000 acres preserved 65,000 acres fee simple ownership 30,000 acres of conservation easements
Boulder County TDRs Move development from rural areas to areas closer to urban development. Transfer at 2 units per 35 acres with additional bonus unit granted for agricultural water rights. Sending area defined by resource value of the land. Receiving areas generally criteria based. Private Marketplace.
TDR PUDS DESIGNATED SENDING SITES 1. County Sending Site Map (BCCP Mapped Resources) 2. County/Municipal IGAs 3. Niwot Community Sending Formula 2 TDRs/35 acres; then 1 per 17.5 additional acres 3 TDRs/35 acres w/ retention of deliverable agriculture water right in undivided interest to Boulder County 1 right can be left on site between 35 139.9 acres 140 acres or more = combination of sent and left not exceeding 2/35 acres sent OR 1/70 acres left (e.g. 6 sent, 2 kept) no more than 5% of sending site usable for development ELIGIBLE RECEIVING SITES 1. Municipal IGA Sites (designated or though review referrals 2. Niwot Community (four sites) 3. Criteria-based per 7-600 E. ( adequate facilities and services ) and G. (compatibility) 4. Generally greater that 35 acres Receiving Densities no more that 200 units/site criteria-based and determined through conceptual plan and sketch plan final plat will only plat and record # of subdivided lots for which TDR certificates have been acquired blocks may be platted defining # of TDRs approved for the block; no building permits issued until amended final plat approved
TDR SENDING MAP (Plains Area Only) Comp Plan Overlays (significant agricultural lands, wetlands, habitat, natural landmarks, etc.) Generally, receiving sites cannot be in these locations. Receiving sites are subject to Commissioner approvals Sending sites encumbered with conservation easements; terms may be specific to each With limited exceptions receiving sites not designated by County approval is criteria-based
Majestic Retreat 20 Wood Meadows 12 Blue Mtn Vista 6 Summerlin 22 Lefthand Ranch 36 Ranch Clover Basin 53 Niwot Meadow Farm 2 Quiet Retreat 4 Niwot Hills 39 Legend Ridge 33 McConnell 2 White Hawk Ranch 31 Rainbow Ridge 16 13 PUDs 276 TDRs Platted out of 293 created 4,500 acres +/- in CEs TDR PUDs
Transferable Development Credits Adopted in 2008 after Comp Plan was amended to include a Sustainability Element. Creates a House Size Threshold Must acquire TDCs to exceed 6000 square feet. TDCs allocated either to remove all development from a parcel or to limit house size on a parcel. The smaller the house the more credits are granted. 2 for a house 1501-2000 sq. ft. 3 for 1001-1500 sq. ft. 4 for less than 1000 sq. ft. County TDC Clearinghouse Private marketplace where sellers can offer their units for sale and buyers can indicate a desire to purchase.
Public Involvement - TDRs Informal discussions with landowners, real estate, environmental and development communities. Hired planner/economist to test market assumptions. Voluntary program so little opposition to creation of program. Created in a strong anti-growth period growth management advocates didn t view program as increasing growth rather changing the location of development. Buy-in relatively easy. Significantly more involvement in implementation Niwot program, TDR IGAs.
Public Involvement - TDCs Public meetings, forum and eventually public hearings before the Planning Commission and Board of Commissioners. Builders, some individual landowners against government control of house sizes. Other public members concerned about changes in rural neighborhoods caused by bigger and bigger homes and others in favor of limitation for sustainability reasons.
Receiving Areas Criteria based Land Use staff efforts with developers to enhance understanding of where sites would work and where they wouldn t. Criteria orientation because of concern about impact on value of Receiving Sites if sites designated. IGAs - Agreements with 4 municipalities for Receiving Sites. Niwot Community unincorporated designated Receiving sites significant work with community to tailor program.
TDR PUD IGA: Bo Co and Longmont Original 1996; amended 2005 Add. sending sites Eight receiving sites Joint review /approval authority Sending site conservation easement jointly held May/may not require municipal utilities Negotiate # sending units May include annexation provisions Better defines/implements an urban/rural growth boundary
TDR PUD Codified: Niwot Community 3 TDRs 1 3 1 1 Designated Sending Sites in Land Use Code and Mapped negotiated with community 8 1 1 1 4 Designated Receiving Sites (Inset) Legend Ridge TDR PUD 160 acres total; 33 TDRs; 110 acres on-site conservation easement
Our Experience Relatively easy to have Receiving Sites approved within the criteria. Great benefit from having Sending Areas in close proximity to Receiving areas. Adjacent public gets benefit of rural land close by. A few developers gravitated toward this niche market Large lot, upscale development that didn t exist either in cities higher density or in the County 35 acre minimum lot size.
Bonus Issues Receiving Site Bonus units determined on case by case basis Maximum 200 units per site. Sending Site Bonus TDRs Bonus unit allowed for availability of irrigation water. County owns an undivided interest in the water which is tied to the land. TDCs Significant resource values can increase the number of Credits available. Agricultural significance, wildlife habitat, historic significance, etc.
Program Administration TDRs TDRs Land Use Department issues TDR certificate when Conservation Easement is granted on sending area land. Certificate is returned to Land Use prior to Final Recording of Subdivision Plat. Practical effect is that most transactions to purchase TDRs occur in close proximity to development approval. Banks will only lend when there is certainty. Significant education required for the financial community to understand system.
TDR Certificate
Program Administration TDCs TDC Clearinghouse run by individual with significant property law experience. Determines compliance with deed restriction or conservation easement requirements on Sending parcels. Issues certificates of Development Credit. Lists credits for sale and buyers looking for credits.
Lessons Learned A successful addition to our open land preservation efforts. Equivalent of $35 million in land preservation. Little opposition when the public understands the benefits. The Market ALWAYS Rules Difficulty of supply and demand working in sync. County purchase of Conservation Easements and later sale of Development Rights. Lots of demand when the economy is good, little demand when it isn t. Sometimes windows of opportunity lost.
And What it Could Be Plenty of opportunity to tweak the system More bonus units if needed We could have done 4 units per 35 or 6 units per 35 if necessary and if that was our primary way of preserving land. Restrictions on what Sending Sites are attached to specific Receiving Sites. Proximity matters Provide a bank to hold units when owners of Sending Sites are ready to sell so that units are available when buyers are willing to buy.
We re Pleased With The Results - A Healthy Economy based on a strong Quality of Life. - 80%+ Citizen Satisfaction with Open Land Preservation. - Land Preservation that contributes to a Healthy Lifestyle including Trails and other outdoor recreation opportunities. - Our Vision of the future has become the defining feature of our County.
Not everything that can be counted counts; not everything that counts can be counted. ~ Albert Einstein a