Transfer of development rights

1. The Lee County Experience Transfer of development rights

2. 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 Topics for discussion

3. The tdr concept

4. 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

5. 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.

6. 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). SUCCESSFUL CRITERIA:

7. 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.

8. Early wetland protection program

9. 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 LDC. Section 2-141:

10. 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 – Sending Areas

11. 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 Lee County TDR Program - Receiving Areas

12. Pine island and coastal rural

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

14. Southeast lee county program

15. 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. The purposes:

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

17. Developed new receiving areas

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

19. New opportunities

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

21. Questions