Southern Utes blast transferable development rights

At least one group has come out strongly against transferable development rights, and it is one of La Plata County and Grandview’s biggest players. Last Monday, representatives for the Southern Ute Tribe’s development group fired a warning shot at La Plata County commissioners.

The commissioners were in the midst of a hearing on adopting a six-month moratorium in the Grandview area to, among other things, consider the feasibility of TDRs. At that time, Laranne Arbaugh, a lawyer representing the tribe, took a hard stand against such a new program, saying it might prohibit the relocation of Mercy Medical Center to the area.

“We’re not opposed to the moratorium, but we are opposed to using transferable development rights as a tool for controlling growth in the Grandview area,” she said. “They will essentially prevent relocation of the hospital to that area.”

Specifically, Arbaugh represents the Tierra Group, which handles real estate for the tribe’s Growth Fund. She went on to add, “Analysts for the Growth Fund have determined that if Tierra had to purchase transferable development rights, it would make the development unfeasible.”

La Plata County officials were quick to respond that the tribe’s statements were premature.

“One basis of a transferable development program is that you’re getting the right to additional development,” remarked county lawyer Jeff Robbins. “You’re not losing money at the end of the day.”

However, Arbaugh replied that from Tierra’s standpoint, TDRs would only increase the tribe’s costs. Besides, she argued, the tribe has already worked out density levels with the city, which “are going to make Tierra money anyway.”

Commissioner Bob Lieb replied that the program would be totally voluntary and added that the tribe was making the assumption that the city would give it enough density to develop it feasibly.

“All (TDRs) would give you is the ability to go even more,” he said. “You just have to go out and buy it.”

Commissioner Josh Joswick also voiced his disappointment over the tribe’s reaction.

“It’s real bothersome to me that there’s an up-front, blanket indictment of this plan 85 I was hoping there would be a more cooperative plan,” he said. “We don’t even know what this is going to look like. You don’t even know what this is going to look like.”

Commissioners unanimously voted to begin the six-month moratorium and undertake a study of the feasibility of transferable development rights. The day following the meeting, Joe Crain, director of planning services, said everything would likely be smoothed over.

“A lot of people react before they have the full knowledge,” he said. “I think a lot of people won’t be as reactive as they were yesterday once they get the full knowledge.”





 

 

 

 

 


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