Potential subdivision at 63rd and Niwot Road set for hearing Oct. 18

Earlier this summer, Ifrain and Shannon Rodriguez submitted an application to create a new subdivision on their land at the corner of 63rd and Niwot Road. The application asks to allow them to build nine new houses on the land, eight of which would be along the east side of 63rd. The application is Rodriguez TDR/PUD, Docket Number SD-23-0003.

The proposal would use Transferable Development Rights, or TDRs, to allow the additional homes to be built on the 39.5 acre parcel. The TDR program was developed many years ago to allow landowners in unincorporated Boulder County to sell their development rights to others. The land from which development rights were transferred is referred to as a "sending site" while the land receiving the development rights is a "receiving site." Sites from which development rights have been transferred are then made subject to a conservation easement in favor of the county, which then prevents further development on the sending site.

The purpose of the program is to preserve agricultural lands, cluster development around existing subdivisions, and fairly compensate landowners who give up their development rights that would otherwise be allowed under the Boulder County Land Use Code. The 39.5 acre Rodriguez property currently has one house, and if the development goes through, the property would have a total of 10 houses.

The Sketch Plan phase, the phase where there is an illustrative model of the area designed to efficiently plan out the development on a specific property, comes before the Planning Commission for hearing on Oct. 18 at 1:30 p.m.. The meeting is open to the public in the third-floor hearing room of the Boulder County Courthouse, located at 1325 Pearl St. in Boulder. The option to attend the hearing virtually will be posted at https://bouldercounty.gov/government/boards-and-commissions/planning-commission/.

According to County Planner Peter L'Orange, the staff is currently readying a recommendation for the Planning Commission, which will be available online on Oct. 11, a week before the hearing. Members of the public may sign up to speak at the hearing either in person or online.

"At the Planning Commission hearing, staff will present the application and answer any questions from the Commission," L'Orange said. "The applicants will then present their case and answer any questions. The Commission will then open the public comment portion and take public testimony."

Many nearby residents have submitted a petition opposing the potential subdivision, citing several concerns with the development of the property. The surrounding land is mostly farmland. Concerns include the change of character of the area, traffic, view protection and groundwater issues.

In addition, there are also a variety of native species living on the open land currently, including prairie dogs, which residents worry could be harmed by the process of building houses.

The petition has over 770 signatures opposing the plans for a subdivision with signatures from citizens both in and out of Boulder County, according to the two community contacts on the opposition website. According to the neighbors opposing the building site and Boulder County's website, TDRs are designed to protect certain rural open and character, agriculture, scenic features, natural features and environmental resources in open areas. https://bouldercounty.gov/property-and-land/land-use/planning/transferable-development-rights-tdr/

According to Karen Mandery, who opposes the development, the property does not meet the requirements to be a "receiving site" of a TDR due to the TDR program's goal that it is intended to preserve rural open areas, agricultural space, scenic areas, natural features, and environmental resources.

"I feel passionately about protecting the rural character of the area where I live, which I consider to be a precious gem," Chris Ennis, who also opposes the development, said, "Like most of my neighbors, it is why I decided to purchase my home there (28 years ago). I have been involved in two other efforts to defend and protect what we have at 63rd and Niwot Road, and this is just an extension of that involvement."