This purpose of this chapter is to enable the City to utilize
a TDR program as a tool to simultaneously promote City policies for
efficiently planned development and the protection of significant
resource areas. TDR transactions can be an effective means of aligning
land use economics in particular locations with the City's larger
development policies.
Conservation Easement.
A legal instrument imposing restrictions on future development
on lot(s) or parcel(s) of land in a sending area in order to protect
natural, scenic, maintaining or enhancing air or water quality, or
preserving the historical, architectural, archaeological, or cultural
aspects, or open space values of real property (see ORS 271.715).
Receiving Area.
A designated area of land to which a holder of development
rights generated from a sending area may transfer the development
rights, and in which additional residential uses or development, not
otherwise allowed, are allowed by reason of the transfer.
Sending Area.
A designated area of resource land from which development
rights generated from forgone development are transferable, for residential
uses or development not otherwise allowed, to a receiving area.
Transferable Development Right (TDR).
A severable residential development interest in real property
that can be transferred from a lot(s), parcel(s) or tract(s) in a
sending area to a lot(s), parcel(s) or tract(s) in a receiving area.
This term has the same meaning as "transferable development credit
(TDC)" under Oregon Laws 2009, Chapter 504, Section 2(10), except
that, "severable development interests" are limited to residential
uses, including ancillary uses subordinate to residential uses.
TDR Transaction.
An agreement between landowners to transfer development rights
between a sending area and a receiving area consistent with this chapter
and approved by the City hearings body.
A lot(s) or parcel(s) is eligible to become a sending area if
it meets the following criteria:
A. The
lot(s) or parcel(s) is zoned for a more intensive use than currently
exists on the lot(s) or parcel(s); and
B. The
hearings body determines that the lot(s) or parcel(s) contain significant
natural, scenic, maintaining or enhancing air or water quality, or
preserving the historical, architectural, archaeological, or cultural
aspects, or open space values that would be lost if the lot(s) or
parcel(s) were developed for the land use as designated on the zoning
map.
A lot or parcel is eligible to become a receiving area if it
meets the following criteria:
A. The
lot(s) or parcel(s) is inside the urban growth boundary or City limits;
and
B. The
hearings body determines that a more intensive development than is
currently allowed on the lot(s) or parcel(s) under the Zoning Map
and Development Code would be appropriate and suitable; and
C. The
lot(s) or parcel(s) has buildable area adequate to accommodate the
transferred development rights and which area(s) is not subject to
regulatory limitations designed to protect natural resources, scenic
and historic areas, maintaining or enhancing air or water quality,
or preserving the historical, architectural, archaeological, or cultural
aspects, open spaces or other resources protected under the Statewide
Planning Goals.
(Ord. 1175-A § 24, 2013)