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County News By Ron Goodman
"You have done what we asked," commented Commissioner Ron Stewart after looking at Markel’s plan. Commissioner Jana Mendez was also pleased. "I hope it is marketable to you," she said. "I believe open space is what counts." The plan provides for access from the north eastern corner of the site from Niwot Road. A circular interior road, with several cul-de-sacs, will provide access to the 46 homes located in the center of the site. The setback from 95th Street on the east is 800 feet and from Morton Heights on the west is 400 feet. The ditch area, in the northeast corner, is protected by a 200 foot setback. Not everyone was pleased with the plan. Morton Heights resident Jim Martinsen stated, "There is no information. This plan was just presented, the revisions have left the public behind." He told the commissioners this has happened before during other applications. Martinsen’s main concern was traffic. "The high school, the new ball fields, Paiute Road and the Rocky Mountain Christian Church all enter Niwot Road near the proposed entrance to this site." He proposed that the site be accessed from 95th Street. This entry could be combined with the existing road that serves Howard Morton’s land south of the subject site. "They [Boulder County Transportation] just dismissed 95th Street access [without study]." Martinsen said. Ed Kennedy, speaking for the Niwot Community Association Board of Directors (NCA) said they "like the approach of smaller lots and larger setbacks." He raised the issue of Transferable Development Rights, (TDRs) The site provides for eight "As of Right" homes; the remaining 38 will be purchased from other sites, i.e., TDRs. Chris Toebe, Boulder County staff planner, explained that the site will be approved in phases and that at the time of each replat the developer must have the TDRs in hand. The TDRs must be "…from sending sites in the Niwot area, proportioned as required by the Comprehensive Plan," Toebe noted. While Commissioner Paul Danish was absent from the Aug. 10 meeting and did not vote for the resolution of approval, he is generally in favor of the plan. He is concerned with the question of access from Niwot Road. Danish stated, "The Niwot community should reflect on the question of privacy in each subdivision...." During the recent planning sessions for the Niwot Ridge subdivision, the question of access from the existing road to the Somerset subdivision was considered several times. If Niwot Ridge were accessible from Somerset it would eliminate a second access road from Highway 52. The subdivisions are adjacent on the north side of Highway 52 between 79th Street and 95th Street. There were legal complications as well as objections from Somerset residents, and this option was eliminated. Commissioner Danish wants the community to "reflect" on whether the privacy gained by a single access to a development is worth the price paid for separate access routes and longer travel time within the community. The motion to approve was passed with the access question open for reconsideration
at a future time.
On August 26, 1999 Beckdale Properties, LLC was sent back to the "drawing boards" to come up with adequate mitigation for a proposed additional 4,700 square foot office building at LaVista Office Park on the west side of Highway 119 near IBM. Reworking the mitigation was worth it because everyone got what they wanted. The county commissioners wanted the applicant to mitigate the traffic impact of the new construction. Beckdale agreed to eliminating the previously approved right to rent 4,000 square feet of the existing office space for medical or dental use. That concession by the applicant reduces the number of trips to the site by 101 trips per day. The proposed construction of an additional building of 4700 square feet will only generate 51.7 trips per day for general office use according to the traffic study. In addition the applicant agreed to purchase one transferable development right (TDR) unit from a property within 1.25 miles of the diagonal. The county previously suggested six potential sites to the applicant, but only one of the owners expressed any interest in selling. Beckdale has 90 days to resolve this requirement. The county attorney said, "No building permit will be issued until the TDR is in place." Jim Beckley, one of the owners stated that they would, "…fulfill a majority
of our offer to Niwot Youth Sports and the youth of our community by improving
the baseball facilities at Monarch Park." Niwot Youth Sports should have
a new irrigation system for its ball fields by next season.
And, finally, Beckdale Properties was granted approval for the construction
of a fifth building on the site, subject to five minor conditions suggested
by staff planner Chris Toebe.
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