Transfer of development rights The Lee County Experience Transfer of development rights

Topics for discussion Introduction to TDR Concept In the Beginning, 1980’s Coastal Rural and TDR’s Southeast Lee County Program The Evaluation and Appraisal Report What’s Next

The tdr concept

The concept The right to…. Exclude others Sell or translate title A Bundle of divisible rights The right to…. Exclude others Sell or translate title Divide land Grant easements Rent or lease Develop in accordance with local regulations The concept

Typical Benefits of a TDR Program Land that is important to the health of the local environment and the well-being of County citizens is protected. Development growth is focused into urban areas and away from critical rural and resource areas.

SUCCESSFUL CRITERIA: The TDR program must be stable and easy to use, with good market information about TDR values and transactions Developing at higher densities with TDR must be more profitable than developing at lower densities without TDR. Purchase of TDR must be more attractive than obtaining additional density any other way (i.e. affordable housing, green building, or cluster density bonuses, comprehensive plan amendments).

Establish a Regulatory program The TDR program allows the separated rights to be turned into a tradable commodity that can be bought and sold. When a landowner chooses to separate some, or all, development rights, the property is preserved through a conservation or agricultural easement.

Early wetland protection program

LDC. Section 2-141: Establish the procedures for creating TDR’s Sending Areas Applies to all wetlands in unincorporated areas Receiving Areas Three methods to achieve additional density By right Administrative for certain existing zoning categories Board action for new Planned Development

Lee County TDR Program – Sending Areas St. Charles Harbor North Captiva, Fred Board St. James City Platted Area Total TDR Units Created: 900 to 1,000 Units

Lee County TDR Program - Receiving Areas Urban Future Land Use Categories Intensive Development Central Urban Urban Community Downtown Lehigh Acres Sample Receiving Projects Stonegate 88 TDR Units Downtown Estero 104 TDR Units Pennington Park 14 TDR Units

Pine island and coastal rural

Coastal rural Lower density from 1 unit per acre to 1 unit per 10 acres Utilize TDR’s to compensate for loss of development

Southeast lee county program

The purposes: Recognize there is land that warrants protection in its current agricultural use or natural conditions. Offer an incentive-based alternative to development of land to be transferred to other areas that are suitable for compact development. Provide fair and predictable standards for creating, transferring, and redeeming transferable development rights. Direct future growth to areas on or nearer to public services and facilities.

New sending areas Prioritize Restoration Areas as Tier 1 through7 Afford additional density by tier Afford additional density for conservation, restoration and agricultural easements

Developed new receiving areas

mixed-Use Communities TDR’s from the DR/GR may be transferred to established Mixed Use Communities

New opportunities

Evaluation and Appraisal report Utilize TDR’s to: Foster higher density development Focus on infill and redevelopment Keep rural areas rural

Questions