Department of Community Development
Reference: Historic Splendid Valley TDR Study
To: Mayor Gregory Mills and Members of City Council
Through: Marv Falconburg, AICP, Acting City Manager
Holly Prather, AICP, Community Development Director
Prepared By: Anneli Berube, Ag Innovation Specialist
Date Prepared: March 4, 2020
PURPOSE
To approve an Intergovernmental Agreement (IGA) between the City and Adams County outlining the roles and financial participation of each entity for a joint study of Transfer of Development Rights (TDR) for Historic Splendid Valley.
STRATEGIC FOCUS AREA
• Recognizable and Well-Planned Community
BACKGROUND
The City of Brighton and Adams County are working together to preserve agricultural land and encourage local food production for the future of the greater Brighton area and the benefit of residents. This area is a mix of City and County lands located in the southeast side of Brighton’s Growth Management Area. Much of this land is designated as “prime farmland if irrigated” by the United States Department of Agriculture, and has sufficient water for agricultural activities, according to a water study jointly commissioned by the City and County in 2015. Many of the farmers in this area grow vegetables and fruits that are sold locally (farm markets and local retail stores) and regionally, which is aided by this area’s proximity to Denver markets.
In order to ensure the preservation of these areas, and to continue access to the economic opportunities afforded by agritourism and local food production, the City and County developed the District Plan. The District Plan highlights the appetite of the local community to preserve its unique heritage and assets, and identifies necessary initiatives to preserve land, promote agritourism, and attract local food businesses. Among the priorities identified by the Plan is the preservation of productive farmland and associated water rights for continued use in agriculture. This is a critical step in the implementation of the District Plan, since without preserved farmland there would be few opportunities for local food production and agritourism. The City and County are therefore working to acquire additional farmland in Historic Splendid Valley, however funding for this is limited and alternative strategies are needed.
One mechanism for encouraging context-sensitive development and land preservation is a TDR program. A TDR program is a tool used to encourage development in areas where it is desired, while preserving land for non-development purposes or agriculture in areas where it is not. This strategy is called out as a tactic in the District Plan Action Plan: “Evaluate the County’s Land Development Code to further explore Transfer of Development Rights and/or improve Cluster Standards to align with market realities and recommendations of the District Plan and the Be Brighton Comprehensive Plan. Key outcomes of this TDR study include reflecting market conditions, identifying receiving areas within the Brighton GMA, establishing maximum densities in receiving areas, applying the programs to properties under 160 acres, and outlining potential City code revisions to incentivize TDR and Clustering,” (District Plan, pg. 72).
An IGA between the City and County to outline the financial responsibilities of each entity is appropriate and necessary and has therefore been drafted by staff.
SUMMARY OF FINDINGS/STAFF ANALYSIS
To date, there are over 350 acres preserved for agriculture in Historic Splendid Valley. Within that, the majority (almost 300 acres) were purchased by the City or County for agricultural preservation. A couple of properties are privately owned with conservation easements, protecting the land for agricultural uses even if the land ownership changes. The City and County have used funding from the Adams County Open Space Sales Tax and Great Outdoors Colorado to assist in the purchase of certain properties. This has been a successful method to date, however some of the properties that remain are larger and therefore more expensive to purchase.
More properties could be preserved, and more quickly, with the use of other methods of preservation. TDR is one of those additional methods. An estimate of the total acreage of the most valuable agricultural properties in Historic Splendid Valley that are not yet preserved comes to over 600 acres. For the City or County to purchase all of these at-risk properties for preservation would require willing sellers and adequate, appropriately-timed funding. Through a TDR program, preservation would be facilitated with private funds. This program would also help to encourage development in areas designated as “receiving areas,” where increased development is desirable.
There are a number of benefits to TDR programs that communities all over the country have experienced. These benefits include permanent protection of important lands, the use of private money versus public funds to preserve land, landowners being compensated for foregoing development rights, and providing landowners with the opportunity to act voluntarily to preserve land. A TDR program can also be used as a growth management tool to ensure sustainable, appropriate development.
A TDR program can be a valuable tool for the development community by providing opportunities for increased density or other incentives in receiving areas, enabling them to make good on their investment and create a quality product. This will have a positive impact on the residents of the City and County as a whole due to the enhancement of a local food system and protection of open space.
STAFF RECOMMENDATION
Staff is recommending that the IGA be approved with Adams County to ensure that this project can be jointly funded by both entities, as has been the case with other components of the District Plan and its implementation.
ATTACHMENTS
• Draft Resolution
• TDR Study IGA with Adams County