Larimer County planning panel backs creation of countywide TDR framework

The Larimer County Planning Commission voted to recommend that the Board of County Commissioners adopt a countywide Transfer of Development Rights (TDR) program framework and associated land‑use code amendments (file 26‑code0296).

"The item tonight is a recommendation to the Board of County Commissioners to adopt a resolution enabling the creation of this program as well as a new section of the land use code that outlines the administration of the program," Community Development Director Rebecca Everett said during the staff presentation. The action creates the legal and administrative framework but does not designate any sending or receiving areas.

Consultant Jen Gardner summarized the concept for commissioners: "That's basically a program whereby land owners can take their right to develop… and send those development rights to a more suitable area for development to preserve land in one area and achieve a higher rate of density in another." Staff described a yearlong project that included GIS analysis and meetings with about 30 stakeholders, including municipal planners, school districts, developers and conservation groups.

A case study pairing the Little Thompson corridor with higher‑density receiving areas near the town of Berth showed limited developer interest under current market conditions, consultants said. "Right now there is not enough profit margin and enough residual land value for there to be developer interest in purchasing additional development credits," Jen Gardner said, summarizing Econ Northwest’s pro forma work.

Commissioner John Weiss said the proposal looks unlikely to be feasible in the near term and opposed the recommendation. "I can't support either of the resolutions," he said on the record, citing complexity and current market conditions. The motion to recommend the resolution passed 5–1.

If the Board adopts the framework, staff said the next steps would be separate actions to designate site‑specific sending and receiving areas, carry out additional market analysis, and define exchange rates, incentives and program maps. Staff also said the Department of Natural Resources would accept and monitor any permanent TDR easements and that affordable housing projects meeting the state Proposition 123 definition could receive density bonuses without buying credits.

The Planning Commission's recommendation sends the framework to the Board of County Commissioners for a scheduled adoption hearing on Sept. 14, 2026.