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Council, developers discuss 61‑lot concept, transferable‑development‑rights program; no decision

3431903 · May 21, 2025
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Summary

Council members and applicants discussed a concept plan for roughly 61 lots that would require transferable development rights and debated options for managing or sunsetting the city’s TDR program.

Council members and applicants discussed a concept plan for roughly 61 lots that, according to staff, would require use of transferable development rights (TDRs). A staff speaker said there are 82 TDRs remaining on the books, and participants raised questions about how many credits are already spoken for and how the city should manage the program going forward.

Participants discussed that a large share of available TDRs have been committed to Mapleton Village (identified in discussion as Ken Murdaugh’s project) and that a small number of owners hold multiple credits. One commenter noted an earlier arrangement in which Mapleton Village contributed to a water tank and other concessions in exchange for density. Multiple speakers said they had spent years attempting to assemble credits from owners and that misunderstandings about how many TDRs an owner held had frustrated negotiations.

Council members said they will pursue more diligence rather than reject the proposal outright. One council member said there “comes a point where the cost of TDR isn't worth it” and said the city needs to bring legal staff into discussions to determine options for protecting the city and for possibly sunsetting or buying out the program. A council member who spoke later said on the record: “I want to be clear on the record that it isn't this development proposal case … we have long overdue needed to understand the implications of the DVR program and how to sunset it, and it just happens to coincide with the timing of this proposal.”

The discussion did not produce a formal decision; council members asked staff and the applicant to continue discussions, collect legal advice, and convene stakeholders to explore buyout, sunset or other options.