Laserfiche WebLink
TO: Kevin Kesterson • <br /> Lyman Anderson <br /> John Hendrick <br /> Dave Marshall, DNR So. Central Region <br /> Ken Kearney, Applicant <br /> Jeanie Sieling <br /> FROM: Brian Standing, Senior Planner <br /> DATE: January 20, 1998 <br /> RE: TDR Issues for Petition 7110 <br /> At the Petition 7110 Subcommittee meeting on January 16, I was asked to explore how a transfer <br /> of development rights (TDR) approach might resolve some of the issues surrounding Mr. <br /> Kearney's application. As you may recall, Mr. Kearney has requested that the ZNR lift deed <br /> restrictions that limit him to seasonal use of his property on Fish Lake. During the subcommittee <br /> meeting,there was some discussion of the idea of preserving other undeveloped areas to <br /> compensate for the impacts of more intense use on Mr. Kearney's property. I have several <br /> concerns about using TDR to accomplish this goal, which I have summarized below. <br /> 1. Lack of Regulatory Authority for TDR <br /> Dane County currently does not include standards, guidelines or authorization for Transfer of <br /> Development Rights in any of its zoning, shoreland zoning or subdivision control ordinances, <br /> much less its land use plans. At the direction of the county board, planning staff are looking into <br /> developing a pilot TDR program, but it may be premature to try to implement such standards <br /> before written guidelines are in place. Courts in other states (such as Maryland) have ruled that <br /> TDR"rules"must be incorporated into local ordinances before they can be enforced. <br /> 2. Relation to Purposes of Ordinance <br /> Any conditions, exactions or restrictions attached to approval of a zoning request must <br /> reasonably relate to both the purposes of the ordinance and to the impact of the proposed <br /> development. Chapter 11 of the Dane County Code lists the following purposes: <br /> • prevent and control water pollution; <br /> • protect fish spawning grounds, fish and aquatic life; <br /> • control building sites and placement of structures, and; <br /> • preserve shore cover and natural scenic beauty. <br /> In this case, whether or not transfer of development rights would serve these purposes would <br /> depend on where and how development rights were obtained (in other words, how the "sending <br /> area"is defined). For example, if Mr. Kearney were to acquire development rights from farms <br /> scattered throughout the Town of Roxbury, the link to the ordinance's purposes would be <br /> tenuous at best. On the other hand, permanent dedication of land to open, natural area use within <br />