May 10 Update
The Boulder County Commissioners did not reach a decision on May 6.
The issue is "continued" to July 10.
Petition signing is suspended until further notice.
See News Flash section below for more information.
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. In August 2024, they came back with a proposal for 3 houses. 1,088 people have signed the new 2024/2025 petition opposing these 3 houses, even more than we had for last year's petition. Over 200 letters have now been submitted in opposition to this subdivision. THANK YOU.
News Flash!
May 10 Update
The Boulder County Commissioners held the hearing on the subdivision on May 6. Things did not unfold as expected. Here is a quick rundown on what happened:
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Only 2 of the 3 Commissioners could attend.
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The hearing took place anyway, with the announcement that if the 2 Commissioners present did not agree when it came time to vote, the hearing would be "continued" until a future date.
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The applicants' lawyer made their argument for why they should be granted an exception to the Boulder County Comprehensive Plan and the Land Use Code.
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Our organized group of 16 speakers did us proud! We laid out the arguments for why the applicants should not be granted an exception, and the application should be denied.
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Three other members of the community spoke in opposition to the application. One person, a family member of the applicants, spoke in favor of it.
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The public comment session was closed, and the two Commissioners then each gave their take on the application.
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Commissioner Levy was in agreement with the Planning Staff and the Planning Commission that the application should be denied.
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Commissioner Loachamin thought the application should go forward.
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The issue was then continued to a future date, 9:30 am on July 10, when all 3 Commissioners will presumably be present and a final vote will be taken.
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The public can attend on July 10 (Boulder County Courthouse, 1325 Pearl St.). Because the Commissioners closed the public comment, no additional public input will be taken on July 10.
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We have suspended petition signing while we wait for this decision.
We are hopeful that the final vote of the Commissioners will uphold the Boulder County Comprehensive Plan and Land Use Code, and reflect the recommendations of the County' Planning Staff and the Planning Commission, that the application should be denied.
The video of the hearing is posted here. (Fast forward ~11 minutes to the hearing start.)
News coverage of the May 6 hearing is posted here.
Prior News Updates
April 2025
Hearing Date: Tuesday May 6
1:00 pm
Boulder County Courthouse, 3rd floor
1325 Pearl Street, Boulder
The Boulder County Planning Staff recommendation has been posted on April 29, 2025. The recommendation is again for DENIAL of the application. Click here to read it.
March 2025
The applicants are going ahead with their application.
Next step: May 6 hearing by the three Boulder County Commissioners.
This is the "deciding" step-- the application either lives or dies with this hearing.
November 2024
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 video of 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")
WHAT NOW?
PLEASE NOTE, PETITION SIGNING AND LETTER WRITING ARE SUSPENDED UNTIL FURTHER NOTICE
THANK YOU TO ALL WHO HAVE HELPED US!
Our summary of some of the reasons to oppose this
Boulder County Planning staff's recommendation to Commissioners May 6 hearing (denial)
earlier materials:
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
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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.
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.
July 10, 2025 (9:30 am): Continuation of the May 6 hearing of the Board of County Commissioners (BOCC). The BOCC consists of three elected Commissioners. If they say no, THE APPLICATION ENDS HERE.
The public will be able to attend, but no public comment will be taken.
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 application dies either when the applicants withdraw their application or
the Board of County Commissioners vote "NO."
YOUR VOICE MATTERS
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We thank the community for the 212 letters of opposition that were written!
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We thank 1,088 community members who signed the petition!
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Public comment and petition signing are suspended at present, pending the July 10 continuation by the Commissioners.
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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
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Join our contact list here.
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Visit the County website to see updates here.
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Contact us with any questions.
Take Action!
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Actions are suspended and we await the July 10 decision about whether this application goes forward.
Inform Others
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Help us spread the word!
THE OPPOSITION TO THE SUBDIVISION IS STRONG
AND
IT IS WIDESPREAD!!
As of May 6: 212 letters have been written in opposition in 2023, 2024 and 2025.
1,088 people have signed our 2024/2025 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 (for 2025 May 6 Commissioners' hearing)
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!
Note, Petition Signing is Suspended
until further notice
as we await the July 10 decision.
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.
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.