Community members meet to discuss proposed homes at 63rd Street and Niwot Road

Community members met on Sept. 7 to discuss the proposed development of three homes on the 39.5-acre rural residential zoned property at 6184 Niwot Road, located on the southwest corner of 63rd Street and Niwot Road. One home and a barn are currently on the property. The Boulder County Land Use Code allows one home per 35 acres in the area.

The community group "Stop 63rd Street Subdivision," organized by Chris Ennis and Karen Mandery, met to listen to and discuss the organizers' presentation which methodically described the original application, the process, the outcome, the revised application and efforts of the group going forward. Approximately 40 community members attended.

The owners of the property, Ifrain and Shannon Rodriguez, who did not attend the meeting, applied to the Boulder County Planning & Permitting Department in May 2023 to build nine new homes on the property. That application was tabled at the applicants' request on Oct. 13, 2023. The application was opposed by the same group, who collected approximately 900 signatures on a petition objecting to the application and 100 letters of objection which were submitted to the county.

Pete L'Orange, County Planner II, submitted the staff's report recommending denial of the original application in a 350-page document on Oct. 11, 2023, and finding "the proposal does not conform with a significant number of goals and policies in the BCCP (Boulder County Comprehensive Plan)."

The reasons also included that the property is deemed "Agricultural Land of Statewide Importance," it is in a "View Protection Corridor," it is located in a "Riparian Area," and it is located in an "Environmental Conservation Area." In addition, the staff said the proposed development "cannot meet all of the criteria of the (Land Use) Code for a TDR/PUD."

TDRs, or Transferable Development Rights, were proposed to be used in the application.

The applicants submitted a revised proposal on Aug. 22, 2024, to build three new homes on the same property on adjacent lots of approximately 283 feet by 200 feet, facing Niwot Road, while retaining 35.59 acres. During the presentation, the size of each lot was compared to the size of a football field. The details of the revised application were reported by the Left Hand Valley Courier on Sept. 4, 2024.

Ennis said that "nothing has changed" with the revised application except the number of proposed homes.

Ennis said that although building three homes rather than nine may sound like a good "compromise," the issues are the same. In addition, the revised application states the owners would retain over 35 acres which she said opens the future possibility of building additional homes. Ennis said, "Is this a gateway for something later?"

Opposition to the plan voiced by community members at the meeting included that it is not in keeping with the rural character of the area, and that the three new driveways at the corner of 63rd Street and Niwot Road would be a hazard, as that corner is heavily used by runners, bicyclists, and equestrians.

In addition, opponents said that the water table in that area is very high and prone to flooding, which would result in runoff to neighboring homes. Neighbors also noted that flooding would be of particular concern if three additional septic systems are involved. Mandery said that "TDRs (Transferable Development Rights) are not intended to be used in this way."

Ennis explained that "chipping" away at the approximately 40 acre parcels in the area, which currently are limited to one home each, would "create fragmentation of the rural character of this area" and create an unwanted precedent.

David Hindman, owner of property adjacent to the applicants' property, said, "All those opposed to this application realize granting this exception to the existing zoning will open the gates for continued development of the open, generally farmland south of Niwot Road."

Ennis reported the current petition against the revised application has received over 400 signatures to date, and recommended signing the petition, submitting letters and comments to the County Planning & Permitting Department, all due by Sept. 26, and to "spread the word."

Both Ennis and Mandery emphasized that letters and comments should be "respectful of the applicants and the (Planning) Commission."