Revised 63rd Street development proposal submitted

In July of 2023, Ifrain and Shannon Rodriguez, the owners of a 39.5-acre property at 6184 Niwot Road, located on the southwest corner of 63rd Street and Niwot Road, submitted an application to Boulder County to construct nine new residential homes (for a total of 10 homes, including their own). This application was submitted using a Boulder County land use process involving Transferable Development Rights (TDRs), and is known as the Rodriguez TDR-PUD, docket number SD-23-0003.

TDRs are a land development technique, which allows developers to purchase and transfer the development potential of one parcel of land to another area, transferring development rights between "sending sites" and "receiving sites." The Boulder County TDR program was developed to "promote county-wide preservation of agriculture, rural open space and character, scenic vistas, natural features, and environmental resources."

The sending site under docket number SD-23-0003 is a property owner in the county, who would then be unable to further develop their own property, as Boulder County would record a conservation easement on it. A conservation easement is a legally binding covenant, restricting the use of land to preserve its conservation values, such as agriculture and natural habitats. In exchange, the receiving site (the Rodriguez property) would be allowed to build more homes on the parcel than what the zoning would otherwise allow to be developed.

Nearly 900 people signed a petition and over 100 letters were submitted to Boulder County opposing the application submitted in 2023.

Three months after submitting their initial application, and before the first hearing, the owners chose to indefinitely table the application to create nine additional residential lots on their property, electing to construct one residential home instead. The decision to table their application came after the adverse recommendations by the Boulder County Planning & Permitting staff, Boulder County Parks & Open Space, and the Boulder County Long Range Planning Division, to deny their application.

According to Boulder County Parks & Open Space, "Removing these lands from production would be a significant negative impact, counter to the goals and policies of the Boulder County Comprehensive Plan."

"Increased use of energy and natural resources" and the property's "loss of agricultural character" were just a few of the adverse effects of the proposed subdivision cited by opponents.

Nearly a year later, on Aug. 4, 2024, the owners renewed their application, submitting a revised proposal, reducing the number of additional houses from nine to three, each consisting of 1.3 acres. The homes would be constructed along Niwot Road and would have separate driveways. Although the new proposal decreases the number of new homes to be constructed on the property, the development has again met with opposition

The community group, "www.Stop63rdStreetSubdivision.org" organized a petition in 2023, in opposition to the original proposed development, where concerns could be expressed and public comments recorded. The group stressed that the reasons for opposing the revised application remain the same even though the applicants have reduced the request for the construction of nine houses to three.

Pro-Rural Alliance, Citizens for the Preservation of Rural Boulder County, also opposes this development because "chipping away at this parcel by using TDRs would set a dangerous precedent that would threaten rural properties everywhere in Boulder County."

The original application and the 2024 revision can be found on Boulder County's Planning and Permitting website (Boulder County Docket SD-23-0003) or at https://landuse.boco.solutions/boco.lu.docketlistings/app/detail.html?docket=SD-23-0003.

For petition and information, visit the opposition website (or http://www.stop63rdstreetsubdivision.org).

The first community meeting will occur Saturday, Sept. 7 at 10 a.m. The location of the meeting can be found by clicking the above links.