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Transferable Development Rights (TDR)

Transferred Development Rights Receiving Sites

Example: Niwot Area TDR Sending & Receiving Sites Map

Question or Comment from the Public

Why aren't the sites mapped?

Answer from Boulder County Land Use Staff While mapping potential receiving areas provides a certain amount of assurance to property owners as to the status of their land, it could also artificially raise or lower property values based on speculation. By not mapping receiving sites, property owners are given flexibility to propose their land as a receiving site and show how it meets the criteria for approval. When a receiving site is proposed, neighboring property owners are notified and public hearings are held. Through these steps, the community becomes involved in the decision-making process.

Question or Comment from the Public

Is there a limit on the size of a receiving site?

Answer from Boulder County Land Use Staff While there is no set acreage for a receiving site (called a TDR Planned Unit Development), the maximum total number of units placed on one site is 200. It is very likely, however, that most proposed sites will be more suitable for considerably fewer than 200 units because of neighborhood compatibility issues and infrastructure demands.

Question or Comment from the Public

Can development rights be transferred from anywhere in the county to a receiving site?

Answer from Boulder County Land Use Staff In general, 75% of the units transferred to a receiving site must come from the sub-area surrounding the site. When the county has entered into an intergovernmental agreement with a city or town, the terms of the agreement will apply. For example, a city could require all TDRs come from within its planning area instead of the 75% requirement. Exceptions to the 75% could be made if approved by the Board of County Commissioners.

Question or Comment from the Public

Why won't TDR units serve as affordable housing?

Answer from Boulder County Land Use Staff Receiving sites will typically be low to very low density with large lots, one-half acre or more in size.
  The fewer the lots that a developer plats on a site, the more he or she needs to charge to get the same return on the initial investment. People buying larger, more expensive lots are more likely to want larger, more expensive homes. In some cases, their lenders may require that the home be more expensive in order to maintain a ratio between the cost of the land and the cost of the improvements (home). In addition to the cost of the land itself, the cost of the purchased TDR units must be calculated. It is estimated that between $20,000 and $50,000 could be added to the cost of each TDR lot.

Question or Comment from the Public

Could TDR units be part of an affordable housing program?

Answer from Boulder County Land Use Staff Yes. If a municipality participating in the TDR program wished to add an affordable housing element to a receiving site, it could be feasible to lower the overall price of the housing units on the site.
   This could be accomplished in several ways. The most likely way would be for the city to allow increased density on the receiving site. The more lots on the site, the less the developer has to charge for each one in order to get the same return on the initial investment. The involved city or town could allow multifamily residences and small lot single-family residences, mized together with the larger TDR lots to create a more diverse and affordable neighborhood. Of course, higher density affordable housing translates into more demand on schools, transportation routes, and other infrastructure. A second option to add an affordability element would be government subsidy of the TDR lots.

Question or Comment from the Public

Can single-family residence TDRs be converted into "x" square feet of commercial or multi-family space? For example, could one TDR unit be equal to "x" square feet of retail space?

Answer from Boulder County Land Use Staff Not as of yet in Boulder County. Conversion formulas do exist in other programs around the United States, usually in municipal or urbanized areas.

 

 

Land Use Director: Dale Case

Land Use Department Divisions

Mailing Address

Planning, Zoning, GIS/Maps, Wildfire Mitigation:
303-441-3930

Building Division:
303-441-3925

Land Use Department
PO Box 471
Boulder, CO 80306

Phone: 303-441-3930
Fax: 303-441-4856

Office Hours:
M-F 8:00AM-4:30PM

Please Note: Building permits can be applied for and issued until 4:00PM.

Courthouse Annex Building
2045 13th Street, Boulder, CO 80302

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