Urgent! Please Tell Me What You Think

Greetings!

We have a very important issue affecting our mountain communities that will be decided in the next couple of weeks, and I need to know what you think. As your State Representative, I sit on the House Committee on Local Government. My committee considers a wide range of issues including things like special districts, development, open space, conservation, and land use planning. I actively sought out this committee assignment because I believe we need a strong advocate for preserving and protecting the character and natural beauty of our mountain communities.

I routinely engage in matters directly affecting our mountain way of life, including issues such as wildfire risk mitigation, impacts on wildlife, pollution (including noise pollution), land use, visual impacts, public safety, and transportation. This year, I was honored to be named "Preservationist of the Year" by the Mountain Area Land Trust (MALT).

As you may be aware, the Jefferson County planning commission staff has officially recommended for approval a plan for a spot rezoning of a residential lot in a heavily forested area in Evergreen. As part of this proposal, the planning commission staff has recommended approving the construction of a 90 foot tall wind turbine that will sit well above the tree tops.

Please click on the following link to tell me what you think about this proposal: docs.google.com/forms/d/14rKs6fT0GKsjGe9...BFNfWv5VOeg/viewform

Then, forward this message to your friends and neighbors so they can weigh in, too.

Time is of the essence, as this matter will be finally determined within a matter of weeks, and will set precedent for future similar requests.

Thank you for your input and for allowing me to serve you down at the Capitol.

Sincerely,
Representative Jon Keyser

Wondering if you are only wanting comments from those that live in Evergreen or if those of us who live in Park County can help.

Recently a cell tower went up in our area and while the majority of people will be happy to get cell coverage (if they ever get it working) I do know that many oppose it.

Is there a place where people can go to see the proposed site and how close it is to homes?

My guess the big fight on this is ruining any views people might have (from their homes) in addition I know that the blades can be fatal to the raptors in the area.

I for one would not be for something like this if I lived in the area.

Don't have enough info to make an informed decision.

Googled and found this information
jeffco.us/amandaItoI/PublicDocs/Rezoning...hompson_Comments.pdf

First question is since it is in Evergreen Meadows if I understand this correctly don't they have a plat map with covenants that calls for Evergreen Meadows to be used for residential only?

Woodside HOA vs. Magness went through an issue of Magness trying to put a road through his Woodside Lot to access his other property. CO Court of Appeals said no because covenants say it must be for residential use only.

Wind turbine does not look like residential use only and appears to violate the covenants. Has anyone approached this with the Commissioners from this perspective?

MALT recently violated the covenants of Valley of the Sun in Park County by providing parking and a trail through a lot in the subdivision to access their other nonsubdivision property and I understand through another party that this is being addressed and stopped.

Making the Commissioners aware now could save lots of time and money.

More information on location if not the above link would be appreciated.

Ok now I think I understand. Berrian Mtn is not in Evergreen Meadows but can be seen from there. Are there any subdivision covenants in that area?

Case Number: 15-113378RZ
Address: Sinkovec Wind Power ODP
Sub Type: Official Development Plan (ODP)
Case Manager: Russell Clark
Associated People: Who?

Existing Zoning: SR-2
Proposed Zoning: PD
Proposed Land Use Type: Single family detached
Acres: 5.29
PC Hearing Date: Oct 14, 2015
BCC Hearing Date: Nov 03, 2015

Description: To rezone from Suburban Residential-Two (SR-2) to Planned Development (PD) to allow a 90' tall non-commercial wind power turbine.

General Property Information for this Address

Wind Power Case Documents on Jeffco Planning & Zoning Website


jeffco.us/amandaItoI/PublicDocs/Rezoning...rd%2015-113378RZ.pdf

Case Summary

Citizen Comments













Myth vs Fact Document Submitted

Thank you Mtn News Events for posting the information. Lots of good links.

Looks like this one could set a precedent for anyone wanting to put in a wind turbine.

But if I am reading the comments section correctly this is in a platted subdivision with covenants. From previous experience with another subdivision I lived in with covenants that county did not have jurisdiction to change the zoning. If this is the case it appears that the HOA would have a civil suit against the County Commissioners for overstepping their bounds.

Woodside HOA vs. Magness if I remember correctly when I looked at the court case did file suit naming, besides others, the ParkCO County Commissioners in their suit for granting a permit.

But the request, if not in a subdivision with covenants for residential use only, brings up a lot of questions about what the future holds for those who don't live in a covenant controlled subdivision or if living in one but near any areas that may be rezoned. Wow!

The other concern is that if for some reason it is not part of the subdivision but maybe adjoins, a PD rezoning would open it up to many more uses down the line. Look at the old TJ's building in Bailey. It was initially zoned commercial with the caveat that it be used only for wood products. And now the new owners are asking that it be for any commercial venture. And look at the Catholic Retreat Center on Elk Creek. The rezoning would open it up to many more uses for that particular zoning should the Church decide to sell it.

So it looks like in the future any area not in a covenant controlled subdivision could be a potential for constant low level noise from wind turbines, unless counties enact regs for areas they have jurisdiction over? Interesting times we live in.

Planning Commission recommends rejection of resident's plan to erect wind turbine tower
By Beth Potter
Thursday, October 15, 2015 at 10:34 pm

Close to 50 neighbors voiced opposition Wednesday evening to an Evergreen Meadows resident’s plan to erect a 90-foot-high tower for a wind turbine.

It was after midnight when the Jeffco Planning Commission voted 5-0 to recommend rejection of homeowner Hans Sinkovec’s plan. Sinkovec declined to comment after the five-hour hearing. The proposal next will be heard by the county commissioners on Nov. 10.

Thank you MNE and SC for the info. Good to see people expressing their views before the Planning Commission. Now lets see how it does before the Jeffco Commissioners.