A sketch plan application for the proposed Niwot Hills development was presented by developer Michael Markel to the Boulder County Planning Commission on May 19, 1999. The development calls for 46 lots on 156 acres located on the southwest corner of Niwot Road and North 95th Street. 
  
Of the 46 homes proposed on the site eight units are allowed "by right" under the Boulder County Land Use Code when Transferable Development Rights (TDR’s) are involved. The remaining 38 units will be TDR units. Planner Chris Toebe, Boulder County Land Use Department, explained that these units must be purchased from designated "sending sites" in the area surrounding Niwot which are indicated on the County’s Comprehensive Plan. The transfer of 38 TDR’s could preserve some 600 acres around Niwot from further development.
  
Pat Murphy of Niwot Real Estate asked if a survey had been done and if "this number of transfer development units are available for sale?" No one had an answer to her question.
  
Markel had presented an earlier version of this proposal to a community meeting in February. At that time the proposal called for 55 homes. Concerns were raised about traffic generation, location of access to the site, lot sizes, number of lots, preservation of the small wetland area on the northeast corner of the site, dust generation and school overcrowding. At that time questions were raised concerning the large number of TDR units required and if there would be any TDRs left for the one remaining receiving site, the Morton Property located directly south of this property.
 
At the hearing, Commissioner Bruce Warren asked, "How many of the agreed to 93 TDR units have been used to date?" A definitive answer was not readily available. The best estimate by the Land Use staff was that there will be between 9-12 TDR units available for development of the Morton Property.
 
Jim Martinsen, a resident of adjacent Morton Heights, questioned the appropriateness of the proposed larger lot sizes. Five lots are proposed at three acres, while thirteen are to be two acres. 
 
Ed Kennedy, newly elected vice president of the NCA, spoke for preserving open space. He suggested smaller lots and larger buffer areas. "The NCA," he said, "was concerned about future subdivision of the larger lots. This is presently happening nearby." It was explained that this property is zoned agricultural land and can only be developed with TDR units and cannot be further subdivided. The lots presently being resubdivided on the west side of Morton Heights are zoned Rural Residential with a minimum lot size of one acre, which allows lots of two acres or more to be further subdivided. 
  
Markel had made changes in his plans in response to the community’s comments at the February meeting but they apparently did not go far enough. The application was tabled at the suggestion of the commission with no date set for a new hearing. The developer was asked to return with a revised plan showing smaller lot sizes, access from 95th Street and larger buffers.