Nov 20th Update: The Planning Commission Recommended Denial of the Application!
Continuing Community Actions: Sign Petition, Write Letters to County
The owners of the 40-acre property on the southwest corner of 63rd Street & Niwot Road have renewed their application to put a subdivision on the site.
They have revised their summer 2023 application for 9 additional houses, and now are proposing 3 additional houses along Niwot Road with separate driveways.
As in 2023, they are using a highly technical Boulder County process called “Transferable Development Rights” to try to do this.
We oppose this development, which is Boulder County docket SD-23-0003.
The Boulder County Planning staff recommended DENIAL of this application in 2023 and again in 2024.
Detailed documents associated with this application (including public comment letters
that have been sent to the County) are posted on the County’s website here.
(In the Record Info pulldown menu, select “Documents.”)
In 2023, nearly 900 people signed our petition and over 100 letters were submitted to Boulder County in opposition to the original application. County departments recommended denial, and the applicants put the proposal on hold in October 2023. Now in August 2024, they're back. Over 1,050 people have signed the new 2024 petition, even more than we had for last year's petition. A total of 195 letters have now been submitted in opposition to this subdivision. THANK YOU.
News Flash!
The Planning Commission has recommended Denial of this application at their hearing on November 20. The application was found not to be consistent with the Boulder County Comprehensive Plan.
Eighteen community members spoke in opposition at the hearing.
We are awaiting next steps. The applicants may decide to proceed to a hearing by the three Boulder County Commissioners. They could also decide to withdraw or table the application.
The November 20th Planning Commission hearing is online as of this writing at: boco.org/pc
(click the orange/red button to "view the livestream")
Stay tuned for more info. Previous info is below.
************************
The first hearing about the proposed subdivision at 63rd Street/Niwot Road is scheduled:
Planning Commission Hearing
CHANGED TO: November 20, 2024 (Wednesday)
1:30 pm
Boulder County Courthouse, 3rd floor
1325 Pearl Street, Boulder
This is an important first step the process and we are calling on the community to make a strong presence at the hearing. Please consider being a speaker to voice your reasons for opposing this subdivision (3 minutes is the speaking limit). If you prefer not to be a speaker, that's OK! Your presence at the hearing is another way for you to help us send a message about our opposition to this subdivision.
The County will open the online registration for speakers and attendees on November 13. You can also sign up at the Courthouse on the day of the hearing. Attendance/speaking can be either in-person, or virtually via Zoom. Click here for the County Hearing Notice. See also the County's Guidelines for Planning Commission Hearings, which includes information about speaking and attending the hearing.
More News!
The applicants have agreed to make 35 acres of the property a conservation easement, but still seek the subdivision on the rest of the property.
The County Planning staff have adjusted their 2024 analysis slightly in light of this change, but they again recommend DENIAL of this application.
The staff's updated recommendation of November 13, 2024, is posted here.
We are encouraged by the staff's continued recommendation for denial. The conservation easement does not change most of their findings, and it does not change our reasons for opposing this application.
WHAT NOW?
It’s time for a NEW PETITION and NEW LETTERS TO THE COUNTY
because the application has been revised.
ATTEND THE HEARING ON NOVEMBER 20. Beginning November 13, click here to register for in-person or Zoom attendance . Consider speaking at the hearing.
It’s a brisk timeline.
To have an impact on the Planning Commission Hearing, please sign the petition and write a letter to the County.
[In the County's online form for letters: "Property Address" is 6184 Niwot Road; docket # is SD-23-0003]
Although our first bundle of signatures and letters from 2023 will still be a part of the packet for the decision makers, we think that the new bundle for the revised application will be given more consideration.
So if you signed the petition and/or wrote letters before, please do so again.
Recycling/making minor revisions to a previous letter you may have written is fine.
See below to sign the new petition and find links to submit letters.
If you prefer to sign a hardcopy of the petition, please contact us.
Helpful Information for Writing Your Letter
[In the County's online form for letters: "Property Address" is 6184 Niwot Road; docket # is SD-23-0003]
Our summary of some of the reasons to oppose this
The Boulder County Planning staff's recommendation for denial of the 2024 application
The Boulder County Planning staff's recommendation for denial of the 2023 application
The Boulder Parks and Open Space recommendation for denial of the 2023 application
A LOOK AT THE PROPERTY AND
THE REVISED SKETCH PLAN
-
This proposal would be a large disturbance to the landscape. Note that if the 3 proposed subdivision lots look somewhat small, it's only because the lot is huge (40 acres). In actuality, each lot is equal in area to the size of a football field (1.3 acres). In addition, all construction would have to be above ground (no basements) because the water table is so high in this area. This increases the visual impact. Three football fields is a large disturbance that would completely alter the Niwot/63rd Street area.
-
Additional lots could be applied for in the future. The applicants propose to keep 35.5 acres with their existing house. By keeping this much acreage, they would be able to apply again for more subdivision lots besides these 3 in the future. The Boulder County Land Use Code threshold is 35 acres (Section 6-700J). Note: With the applicants' recent (October 2024) agreement to a conservation easement on the 35 acres, this concern would no longer exist.
REASONS TO BE CONCERNED
Some of the reasons for our opposition are posted here. The objections to the original (2023) application still pertain to the revised application.
The property is part of a historic rural/agricultural area, falls in the County’s category of Agricultural Lands of Statewide Significance, is recognized as a Protected View Corridor, and is adjacent to rural farms and ranches that define the character of the area.
Bicyclists, runners, nature enthusiasts, equestrians, and other recreationalists from throughout the County use this area extensively.
Many provisions of the Boulder County Comprehensive Plan and Boulder County Land Use Code have historically protected areas such as this one.
“Chipping away” at this 40-acre parcel for development would set a dangerous precedent
that would threaten rural properties everywhere in Boulder County.
(History buffs!! See the Timeline of what has happened with this application so far.)
WHAT HAPPENS NEXT &
WHAT YOU CAN DO
We are in the “Sketch Plan Review” phase. There’s not much detail in the application yet.
Various County Departments will review the application and give their recommendations.
The County Planning Department staff will make their recommendation.
Provide comments to the County and sign our petition below.
[In the County's online form for letters: "Property Address" is 6184 Niwot Road; docket # is SD-23-0003]
September 25: The Planning Dept staff determined that the application can advance to the Planning Commission (PC). The PC has 9 appointed citizen volunteers plus ~4 staff participants.
Petition signing and individual comments to the County continue.
November 20: The Planning Commission will hold a hearing and give their recommendation. Register to attend, or register to speak, at https://boco.org/pc. Zoom attendance/speaking is an option. Registration opens on 13 November.
The public will be able to attend and express their opinion at the hearing.
Petition signing and individual comments to the County continue.
Eventually the application goes before the Board of County Commissioners (BOCC) who will conduct a hearing and make the final decision. The BOCC consists of three elected Commissioners.
The public will be able to attend and express their opinion at the hearing.
Petition signing and individual comments to the County continue.
If the Sketch Plan is approved by the BOCC, the application is refined and further defined.
Then the process of 2-body review (PC, BOCC) repeats in the Preliminary Plan and Final Plat phases.
Public input continues throughout this process.
This is a long process that can take years.
Continued engagement of the community is crucial.
The process ends either when the applicants withdraw their application or
the Board of County Commissioners reach their decision.
YOUR VOICE MATTERS
-
The County does take note of significant community input.
-
Numbers matter to them. Urge others to sign the petition and write letters to the County. Every member of your household can sign and write letters.
-
Letters need not be long or detailed. Speak from the heart. Refer to the Boulder County Comprehensive Plan and the Boulder County Land Use Code when possible. This is their “language” and the basis for decisions.
-
If you have simply a question about this docket (not a comment on the docket), the County Planner (Pete L'Orange) can be emailed directly by clicking here.
Stay Informed
-
Join our contact list here.
-
Visit the County website to see updates here.
-
Contact us with any questions.
Take Action!
-
Sign our Petition below.
-
Submit your comments to the County here. In the online form, "Property Address" is 6184 Niwot Road. "Docket" is SD-23-0003.
-
You can submit multiple comments.
-
Register to attend or speak at the hearing on November 20. Beginning November 13, you can Register online here.
Inform Others
-
Help us spread the word!
-
Ask friends and other family members to submit comments and sign our petition.
THE OPPOSITION TO THE SUBDIVISION IS STRONG
AND
IT IS WIDESPREAD!!
As of November 17th, ~75 letters have been written in opposition in 2024.
1,051 people have signed our 2024 petition. THANK YOU ALL.
Community Contacts
Karen Mandery
Chris Ennis
County Documents that Recommended Denial
of the Revised and Original Application
This is excellent material you might find useful for the letter you write.
Parks and Open Space Department Recommendation
Planning Staff Recommendation (2024)
Planning Staff Recommendation (2023)
County Resources
Boulder County Comprehensive Plan
This document sets the broad vision for development and preservation in Boulder County.
These are the “rules.” This document contains the detailed regulations for building and development in unincorporated areas of Boulder County.
What are Transferable Development Rights?
SIGN THE PETITION!
This petition is for the revised application SD-23-0003 submitted August 2024.
Even if you signed the petition last summer, please sign this revised petition.
You don't have to be a resident of Boulder County to sign.
Minors can sign if they are able to reasonably understand the issue.
Multiple individuals in the same household can sign.
If you prefer to sign a hardcopy of the petition, please contact us.
TO: Boulder County Community Planning & Permitting
RE: Revised configuration August 2024 Sketch Plan review for a Transferred Development Rights (TDR)/Planned Unit Development for the real property located at 6184 Niwot Road, identified as Docket SD-23-0003 (the “Sketch Plan”)
We, the undersigned who live in the surrounding area affected by the requested revised configuration Sketch Plan, do hereby protest against and oppose the revised configuration Sketch Plan. The proposed revised configuration Sketch Plan is not in conformance with the Boulder County Comprehensive Plan and the Boulder County Land Use Code.