2. Attachment C (7 /1
Transfer of Development Rights
Potential Recommendations for Discussion
Scandia TDR Committee
October 29, 2009
Goals of TDR Study Committee
• Determine the feasibility of using Transfer of Development Rights (TDR) as a tool for development
within Scandia to fulfill the vision and goals of the 2030 Comprehensive Plan
• If judged to be feasible and desirable, develop TDR Ordinance recommendations to present to the
Planning Commission and City Council with the goal of effectively implementing TDR in Scandia.
Recommendations will be in the form of a conceptual framework to include
o How we want TDR to work
o Identification of specific sending and receiving areas
o Specific criteria for parcels within sending and receiving areas
o Benefits for sending areas
o Benefits for receiving areas
How We Want TDR to Work
• Landowners who are interested in engaging in TDR as either a sending or receiving area may register
with the city.
• City administrators will keep a list of interested parties (Comp Plan p.184 ED IS 4.3.7)
• There would be a disclaimer allowing that,just because it has accepted a listing of interest in either
sending or receiving TDRs, the city is not guaranteeing that a TDR will be approved. A TDR
transaction must be approved by the Planning Commission and City Council based on the TDRs
meeting the criteria described in the ordinance.
• The public will be made aware of this opportunity and these lists by announcement in the Scandia
newsletter and on the Scandia website or through a brochure describing the TDR process.
• Landowners in a sending area could permanently give up one or more development rights on their
property by selling it to a landowner in a receiving area.
• The permanent restriction put upon the land of the TDR seller could take the form of a conservation
easement or a recorded development restriction. This would permanently extinguish the development
right.
• Landowners in a receiving area could buy additional development rights for a given parcel of land by
first earning additional development rights under the bonus density provisions of conservation design
development (in the GR) or affordable/life cycle housing in the VN or VMU.
• In the GR, the limit on the number of development rights that may be bought is determined by the
number of development rights earned through a conservation development design —one TDR may be
bought for each bonus earned up to a maximum of 10 total development rights per 40 (under
conservation easement bonus densities alone, the present maximum is 7 per 40— Comp Plan p.110)
• To mitigate the effects of denser housing development in the GR, a specific criteria for unobtrusive
visual impact of the development will be either given as a requirement for conservation development
design or as a much more highly weighted bonus.
• In the VN or VMU, the limit on the number of development rights that may be bought would be
restricted only by the availability of proper water and sewer (presently 1 dwelling unit per acre
maximum - Comp Plan p.176)
• In the VN or VMU a development right would be a dwelling unit.
• In the GR, VN and VMU the number of TDRs that may be purchased is also subject to provision for
proper water and sewer.
• Although density within receiving areas may be higher than that allotted in the Comprehensive Plan,
the density in the city overall will not change.
Sending and Receiving Areas
• VN and VMU are receiving areas
• GR is a receiving area
• Ag Core is a sending area
SPECIFIED CRITERIA for parcels within sending and receiving areas
• SENDING AREA parcel must meet one or more of the following goals of the Comprehensive Plan
and subsequent criteria:
o Agricultural preservation
• Permanent protection of agriculture(Comp Plan p.196)
o Natural resource protection
• Protection of priority natural features as identified within Scandia's Natural Resource
Protection Areas overlay (Comp Plan p. 132 — L.U. IS 6.2.1) including:
• Exhibiting diversity
• Connected to other natural resource areas
• Of sufficient size to demonstrate diversity
• With identified rare species = critical habitats
• High quality scenic view sheds identified in Scandia's scenic quality analysis
• Historic areas
• Use composite score for quality of natural resources as reflected in the Natural
Resource Priority Overlay system (Comp Plan — p.153 — 168)
• The ordinance will have to determine what is a "development right" that can be
transferred, including looking at the issue of undevelopable resources within a parcel of
land.
o Scenic views and vista preservation
• May use as a guide the composite score of view-shed analysis currently being
conducted
• RECEIVING AREA parcels must meet one or more of the following goals and specified criteria of
the Comprehensive Plan:
o In the VN and VMU - Life-cycle and affordable housing
o In the GR - Open Space Conservation Design bonuses (as stipulated in the present Zoning
Regulations p.2.12-10 -2.12-11) based on the criteria of that process. At present the criteria
and percentages of development rights that each can earn include:
• Affordable housing— 5%
• Preserve historic features — 10%
• Clearly defined central focal point — 15%
• Central boulevard/parkway— 5%
• Community sewage disposal — 10%
• Community water system — 15%
• Preserve woodlands — 10%
• Preserve ag lands — 10%
2
• Protect ecologically sensitive features - 10%
• Preserve native plants/animal habitats - 10%
• Preserve priority scenic views - 10%
• Extend contiguous open space - 10%
• Preserve natural drainage systems - 10%
• Restore native habitat- 10%
• Implement open space stewardship practices - 10%
o The specifics of these criteria, including percentages, need to be reviewed in light of the
current Comprehensive Plan.
o In order to help preserve the Scandia's rural character visual impact - a goal stipulated
throughout the current Comprehensive Plan - much stronger visual impact bonus language
should be a part of the new criteria.
Incentives
• Incentives:
o Landowners who do not want to develop their land will have a way of receiving some monetary
compensation for not developing it.
o Developers in receiving areas can acquire additional development rights for a parcel of land in a
receiving area, above and beyond that allowed by the Comprehensive Plan, by buying them from a
landowner in a sending area
o The city will recommend a tax break for land that has reduced development rights because of
transferring development rights, although such a tax break cannot be guaranteed.
o Developers in receiving areas will be able to increase the monetary return on their investment by
increasing the number of housing units they can build on a given piece of property.
Regulatory Measures
• To be detennined by ordinance committee.
• Need to relook at the criteria for Conservation Design Development
• City needs to determine what constitutes a development right
3