Item 12.6
Future of Transfer of Development Rights Program
The Board of County Commissioners reviewed findings and recommendations from the Transfer of Development Rights (TDR) study, which began in 2023 with assistance from Wood Rodgers, Inc., to evaluate Douglas County’s existing program and identify opportunities for improvement. The program is intended to encourage development in areas with existing infrastructure while preserving agricultural land and open space throughout the County.
The study examined the value of development rights, potential incentives to encourage land conservation, and ways to make the program more effective for local landowners.
Commissioner Tarkanian spoke on his concerns that there was no development timeline when you have a TDR.
Derek Kirkland, Wood Rodgers Inc. explained that the main focus was on receiving area as a whole and the type of area it is instead of timing of development. He further explained, "7,500 TDRs that have been created. Of those TDRs, there's about 3,744 remaining." and "some of those are held by single landowners that are they are for some of their future projects that they could move forward with and I think probably moving forward, we do have some recommendations that could change that a little bit. And so, I think there are things that we try to do to create more demand for TDRs. Because generally, what we see here is that there are TDRs out there, but there's not a huge supply that's a huge backlog of TDRs sitting there on the market.".
Commissioner Hales asked about the method of tracking TDRs and said, "..in your research you found that previously certified TDRs were not adequately tracked or retired when they were used?".
Kate Moroles-O'Neil, Economic Vitality Manager and Interim Principal Planner responded stating, "The records we were really keeping were a sales going on. Where I saw where we lost some things is that final map. So, there were a lot of final maps where projects were completed [and] we don't have that documentation of the TDRs.". and "I worked with AJ to create a document that now is given to applicants...
We want to know the certificate, where these TDRs came from, what conservation easement was done, who'd you buy them from. We want that documentation.
And now we want to know where are these, how many TDRs are going to what project, what phase. And so real specific information. So, moving forward, we have that documentation.".
Jenifer Davidson, County Manager spoke encouragingly on the recommendations presented stating, "I think the reason why you (the Board) may not have a lot of input is because we're in a really good spot with this. I'm very pleased with these recommendations, they have been very thoroughly vetted up until this point. Thank you.".
Commissioner Hales had some concerns stating, "the two pieces that I personally probably need to just spend With is the idea that we would accept TDRs from property that we don't care about keeping open. I'm troubled by that. Even though there would be a density of three times for the property we really want and two times for the property we want, there's other property we really don't. It's not going to be developed. We don't care if it's developed anyway.
And yet, we're accepting TDRs from those properties to keep them open.".
and "there has been some conversation from people on the Carson Water Subconservancy District regarding whether floodplain development in floodplain can be otherwise curtailed because it is in the floodplain that I don't think we have thoroughly explored, and it may have relevance in this process.".
Chairman Gardner spoke stating, "The record keeping, transparency, outreach, I think all of that is very good. Code clarity and consistent, that's going to require you to come back with proposed codes, anyways. The outdated receiving areas, yes, I want to take at outdated receiving areas, but that's going to require the master plan and area plan amendments. So, that's obviously going to have to come back at some point in time to us as we have recommendations in that regard.
One of the things that, and I think Mr. Hussman hit on this, and something that I thought was very important, is requiring TDRs outside of receiving areas, okay, so that every development required a TDR. That would help kickstart that program and help us with that and cause us to have to take some of this area that we would prefer to keep in conservation easements or floodplain in perpetuity, okay, protecting that floodplain area and the ability to have a recharge of our aquifers.
And so that's why we talk about the protect the floodplain. We also need, and I think our public has indicated, we need to take a look at making sure that we keep up with the infrastructure... before the development and so, I think all of those are good and hopefully can kickstart the program a little bit better if we do create that.".
The Board accepted County Staff’s recommendations, with the understanding that further discussion and refinement would occur. Commissioner Hales emphasized the need to more thoroughly explore concerns regarding TDRs accepted on undesirable properties and the potential to curtail development within floodplains before fully endorsing the recommendations.
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