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Originally Posted by Highrise_Mike
I totally agree with you on the benefits of TRD and we have looked into an ordinance for Lehi. The reason I would say it could be problematic is more of a property rights issue. Some land owners may feel they have the right to develop their own property even if a TRD is imposed on the property. Who is to say 100 years down the road the future City Council couldnt approve a project on a property where the development rights were transferred. I have seen agreements made with developers and the City change and things get approved that didnt follow an agreement or area plan. I think if there is a way to do a TRD on a property and 100% ensure that it doesnt get developed in the future, then I am all for it. Dont get me wrong, Im not a downer on TRD! Im also not as well educated on it as you and I could be wrong with these concerns. I think preserving agricultural land is important and also allowing clustering of densities so the city is more compact and walkable. I know its different but the urban growth boundary in Portland has been effective in preventing further sprawl but there has been a lot of fight back there from the land owners which has made it very controversial.
Did you used to work as a planner for Payson?
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Yes I did, for a year and a half until the economy got the best of the city's budget.
TDR's are a bit complicated, but I will do my best to explain it in a condensed version.
Areas that a city wouldn't mind staying agricultural they can designate as sending sites, and areas that they to possibly be more dense they designate as receiving sites. Both areas are still planned as if both would develop in a typical way, if they were to develop without using any TDR. Let's say the sending site, if developed would be 1/2 acre lots and the receiving site is zoned 1/4 acre lots.
The sending site property owner doesn't have to stay agricultural, but the TDR allows them a way to get the money they would have received if they did develop. If they choose to stay agricultural they can sell off all of their development rights or a portion of them, developing some of their property and leaving some as agricultural. They of course have to find an interested developer that wants to increase the densities in the 1/4 acre receiving site areas.
If the land owner does sell their development rights and the receiving site now becomes 1/8 acres. There are no longer development rights to that agricultural land. All land includes a bundle of rights, water, air, mineral, and development (some cites and states are different with water, and mineral, but for the most part that is what is attached to all property) The TDR allows the development rights for the property to be severed and sold and attached to another piece of property. So even if a future City Council decided that they wanted that agricultural area to be developed that property no longer has development rights attached to it, and thus CANNOT be developed.
There is an orchard north of Payson (Allred Orchads) and a horse ranch south of Payson (Taylor Ranch) that the Planning Department, Planning Commission and City Council were ready to designate as TDR sending areas, if those property owners were willing to annex into Payson City. There were a few areas under consideration for designation as TDR receiving sites, particularly the future Front Runner Station Area.
I think this is a very valuable tool a city has to allow for growth while still maintaining some of it's agricultural nature. It also allows property owner to cash in on the value of development on their land while still being able to leave it as agricultural. In Utah County, a land owner can request their land be put into Greenbelt status, which will allow them to retain lower property taxes, so they can continue to farm but not have to pay the high taxes associated with nearby development.
Mapleton used TDR's to preserve property on it's high benches. Those were the sending sites and in town were the receiving sites. I believe that a transaction has occurred in Mapleton, and now that area in the foothills will be preserved as open space, and the land owner still got the value as if it had been developed.
There you go everybody a brief lesson on how TDR's work. Yes that was the condensed version. lol