Smart Growth Hall Of Fame 2001
Ten Examples Of Good Planning Decisions In Colorado

I. Upper Blue Basin Transfer of Development Rights Program
Upper Blue Basin, Summit County

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In 1997, recognizing these concerns, Summit County and the towns of Breckenridge and Blue River adopted the Joint Upper Blue Master Plan. While the master plan addressed a range of issues such transportation and potential build-out, one of the key policies addressed protecting the backcountry areas. The plan laid the foundation for the creation of a Transfer of Development Rights (TDR) program. A TDR program is a tool used to protect critical areas by directing growth into areas that are targeted for development. In this case the program allows private landowners in the rural backcountry to transfer the development potential of the property to areas more desirable for development purposes in the town of Breckenridge. Once the development rights are transferred from a parcel, that piece of land can no longer be developed and is therefore, protected. Enacting the TDR program in the Upper Blue Basin required a cooperative effort from Summit County, Blue River, and Breckenridge. In 1998, an Upper Blue TDR Committee was formed to develop an overall approach for the TDR program. The following section will outline the main steps these parties took to enact this important planning tool.

Steps for Good Planning: Through the creation of the Upper Blue Basin TDR Committee and a series of joint master plans and intergovernmental agreements between the Town of Breckenridge, the Town of Blue River and Summit County, the TDR program developed into a functional and effective program. The TDR program established a process through which development rights can be transferred from "sending areas" located in the backcountry to "receiving areas" located in the valley floor -primarily in Breckenridge. Since the Town of Blue River does not have viable receiving areas, Breckenridge was designated as the "receiving area". The program requires that when a transfer of development rights occurs, the sending site properties also be deeded jointly to the County and Town so that properties could potentially be traded to the national forest.

To lay the foundation for the program the parties entered into an intergovernmental agreement, called the Joint Master Plan, which included policies supporting the TDR and Backcountry zoning efforts. Additionally, the County established new TDR regulations and modified the zoning for backcountry properties with specific development guidelines. The combination of the two creates an incentive for both backcountry property owners and urban developers to participate in the TDR program.

• A policy in the Joint Master Plan states that undeveloped properties within urban areas are not to be granted an upzoning without a transfer of density to the property (with an exemption for affordable housing). So if a developer proposes to develop a piece of property with a density higher than the current zoning, he/she must purchase additional development rights. Thus, the master plan established incentives for developers to use the TDR program.
  
  
• The Board of Summit County Commissioners adopted a unique Backcountry Zoning to protect the character of the backcountry and encourage property owners in the backcountry to participate in the TDR program. This new zoning ultimately tightened the development criteria to minimize the environmental impact of a development. The Backcountry Zoning limits the size and height of structures in the backcountry (i.e. maximum 900 square foot home allowed on a five acre parcel), sets conditional terms for winter plowing on backcountry roads, sets maximum standards for new roads and driveways, and allows the use of primitive roads in the backcountry (instead of requiring a developer to pave a road through the backcountry).

In order to legally allow a transfer of density from unincorporated County land to incorporated Town land and to establish a TDR Bank (a place where sending area property owners and developers can sell and purchase development rights), the Town of Breckenridge and Summit County both signed an intergovernmental agreement setting forth the guidelines of the TDR program.

To implement the TDR program, a TDR Bank was established and is administered by County staff. The TDR Bank creates a place for willing sellers and buyers to complete the transfer of development rights. The TDR Bank operates on a first-come first serve basis and will always have a minimum of 15 development rights available for sale. In order to have development rights available for sale upon opening the TDR Bank, both the Town of Breckenridge and the County agreed to acquire land through Town and County open space funds to provide the "seeds" for the bank. Both the Town and the County supplied 7.5 units of density. One sending development right is equal to 20 acres (zoning of the area allows a density of one unit per 20 acres), therefore, the town and county jointly supplied 300 acres of sending area property to the TDR Bank. Using the median sale price of backcountry real estate transactions, a join resolution by the Town and County was adopted setting the price for development rights at $30,000 per right. This avoids bidding wars and any potential unfairness.

Through a tremendous cooperative effort from citizens, planners, and elected officials, the Upper Blue Basin TDR program shows great potential to be a successful program that will preserve the Upper Blue Basin backcountry. In the 15 months of it's operation, the TDR program has hosted three transactions transferring 15 development rights which has preserved 300 acres of the 6,000-7,000 acres in the sending area.

Involved Parties: Town of Breckenridge, Summit County---Planning departments, Planning Commissioners, Open Space and Trails Departments, Town Council and County Commissioners---Upper Blue Basin Committee, Town of Blue River, and "scores of property owners and interested community residents."

Location: Upper Blue Basin, Summit County

Status: In August 2000 the Town of Breckenridge and Summit County signed the intergovernmental agreement, establishing the TDR program. In August 2000, Summit County adopted new TDR regulations. In July 2001, Summit County rezoned approximately 450 private parcels to the new Backcountry Zoning District designation. Summit County is currently finalizing components of the TDR Bank. Interest in the use of TDRs by developers is strong. Three separate rezonings, involving the transfer of a total of 15 development rights out of the backcountry and into the receiving area have already been approved, resulting in the preservation of 300 acres of backcountry land.

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