Agenda Memo

City of Boulder City Council Agenda Item Meeting Date: April 16, 2026 Agenda Title Consideration of a motion to adopt Resolution 1375 to determine that the petition to annex approximately 43.194 acres of land generally located within the Spring Valley Estates Subdivision, including properties along Linden Drive, Cholla Court, Spring Valley Road, and Cactus Court and rights-of-way, is in substantial compliance with Section 31-12-107(1), C.R.S., and to set a date, time, and place for a hearing to determine whether the proposed annexation complies with statutory annexation requirements; and setting forth related details. (LUR2023-00001)

Staff Contact • •

Brad Mueller, Director, Planning and Development Services Chandler Van Schaack, Principal Planner, Planning and Development Services

Draft Motion Language Staff requests council consideration of this matter and action in the form of the following motion: Motion to adopt Resolution 1375 to determine that the petition to annex approximately 43.194 acres of land generally located within the Spring Valley Estates Subdivision, including properties along Linden Drive, Cholla Court, Spring Valley Road, and Cactus Court and rights-of-way, is in substantial compliance with Section 31-12-107(1), C.R.S., and establishing May 21, 2026 as the date for a public hearing and action related to the annexation petition; and setting forth related details.

Executive Summary The purpose of this item is related to a request to annex approximately 43.194 acres of land generally located within the Spring Valley Estates Subdivision, including properties along Linden Drive, Cholla Court, Spring Valley Road, and Cactus Court and rights-ofway into the City of Boulder with an initial zoning designation of Residential – Estate (RE), consistent with the Boulder Valley Comprehensive Plan (BVCP). Refer to Attachment B for the annexation petition. The area proposed for annexation is comprised of 36 lots developed with detached dwelling units and is located in North Boulder along the western City boundary adjacent to the Wonderland Hills neighborhood, below the Blue Line within Planning Area II of the BVCP. The applicant has requested annexation to connect the neighborhood’s dwelling units to the city’s municipal water system, and in the case of an emergency, have access to fire hydrants. Per Annexation Policy 1.17.b, the city will actively pursue annexation of substantially developed Area II properties along the western boundary below the Blue Line. Refer to Attachment C for the annexation maps. Per the State’s annexation statutes, City Council is asked to consider proposed Resolution 1375 attached in Attachment A. Adoption of this annexation resolution is a procedural step required under state law to determine that the petition to annex the property complies with section 30(1)(c) of article II of the state constitution and section 31-12-107(1), C.R.S. and to set a hearing date to determine if the proposed annexation complies with state annexation laws. Refer to Attachment C for the annexation map and Attachment B for the annexation petition. The Planning Board is scheduled to review the proposed annexation and initial zoning on April 21, 2026.

Council Action Options Option

Outcome

If the petition is in substantial compliance with state law requirements, adopt Resolution 1375.

If the resolution is adopted, a public hearing will be scheduled on May 21, 2026, to determine whether the proposed annexation complies with state law and, if so, whether or not annexation is desired, and, if so, whether an election is required to impose additional terms & conditions, and, if so, calling of an election.

If the petition is not in substantial compliance with state law requirements, refer

Staff will revise Resolution 1375 to reflect Council’s findings and schedule it for consideration at a future Council meeting on the consent agenda. Upon

back to staff to revise resolution accordingly.

adoption of the revised resolution, the annexation process ends.

Key Issue Staff has identified the following key issue to help guide council’s discussion: 1. Is the annexation petition in compliance with state annexation statutes?

Background Property Description & Site Context The area proposed for annexation is comprised of 36 lots developed with detached dwelling units totaling approximately 43.194 acres of land generally located within the Spring Valley Estates Subdivision, including properties along Linden Drive, Cholla Court, Spring Valley Road, and Cactus Court and rights-of-way. The lots range from approximately 0.43 acres to 2.5 acres in size. The subdivision is located in North Boulder along the western City boundary adjacent to the Wonderland Hills neighborhood, within Planning Area II of the BVCP (See Figures 1 and 2 below for vicinity map and BVCP Planning Area map). The area is currently served by city sanitary sewer. The city currently manages the water system and serves as the water provider for neighborhoods that border Spring Valley to the east. The primary purpose behind this petition for annexation is the petitioners’ request to have the Spring Valley neighborhood connected to the city’s municipal water system, and in the case of an

emergency, have access to sufficient fire hydrants and reliable water sources.

As shown in Figure 2 below, the property is located in BVCP Planning Area II. Area II refers to land now under county jurisdiction where annexation to the city can be considered consistent with policies - 1.08 Adapting to Limits on Physical Expansion, 1.10 Growth Requirements and 1.17 Annexation. Annexation is required before adequate facilities and services are furnished to properties in Area II. The Blue Line runs along the western boundary of the subdivision then through eight of the northernmost lots on the west side. The portions of property lying west of, and therefore above the Blue Line, are not eligible for water or sewer services and are therefore undevelopable.

As shown in Figure 3 below, the property is designated Very Low Density Residential (VLR) on the land use map of the BVCP, with an anticipated density of two dwelling units per acre or less. The description from the BVCP is below.

Application Description The properties in the annexation area are all developed with detached dwelling units. The properties are proposed to be annexed with an initial zoning classification of Residential Estate (RE) and without the ability to subdivide or add additional principal dwelling units. The properties of the petitioners are currently served with water by the Spring Valley Mutual Water Association (SVMWA); with annexation, petitioners are seeking connection to city water. The properties are already served by city wastewater services. Following a successful annexation, the SVMWA will dissolve and cease operations along with decommissioning the legacy water system. Process Per state statutes, council must determine whether the form of the petition (Attachment B) is substantially in compliance with Section 31-12-107(1) C.R.S. If it is, council must adopt a resolution to establish a public hearing date for consideration of whether the proposed annexation meets substantive state annexation requirements and whether additional terms and conditions are to be imposed. The proposed Resolution 1375 can be found in Attachment A and would establish a public hearing date for May 21, 2026.

State statutes require that the public hearing be held not less than thirty days, nor more than sixty days, after the effective date of Resolution 1375 setting the hearing date. The purpose of this agenda item is for council to consider adoption of Resolution 1375, as the first step in the annexation process. Different from most annexations processed by the city, in this case, not all landowners in the proposed annexation area have signed the petition and petitioners were not able to get all landowners to agree to terms of annexation in an annexation agreement. This means that if the city desires to impose additional terms and conditions upon the area proposed for annexation, such terms would have to be approved by a majority of the landowners and registered electors in the area in an election. Since the procedure for annexation involving an election somewhat differs from other annexation procedures, this memo also outlines the procedure for an annexation involving an election to help council anticipate the next steps in this process: If City Council finds at the public hearing on May 21, 2026, that state annexation requirements are met and establishes additional terms and conditions to be imposed on the annexation, then City Council would direct that an election be called on the proposed annexation and terms and conditions. Evidence related to compliance with state annexation laws and recommended terms and conditions of annexation will be presented to council for its consideration at the May 21, 2026, public hearing. The terms and conditions of the annexation resolution will be similar to the terms and conditions contained in an annexation agreement. The election would be held through a petition to the district court and the appointment of three election commissioners by the court to perform the election. Landowners and registered electors in the area proposed for annexation may vote in the annexation election. If a majority of votes cast in the election is in support of annexation, subject to the terms and conditions, the council may, by ordinance, annex the area and impose the terms and conditions. If the majority of votes cast are against annexation or the vote is tied, council may not proceed further with this annexation proceeding. After the election, council may not impose new terms and conditions on the property owners that were not voted upon in the election.

Public Comment Staff has responded to inquiries from residents and neighbors but has not received any comments related to the proposal.

Criteria for Review Colorado Revised Statutes Section 31-12-107(1)

Analysis Council’s first step in this annexation process is to determine whether the applicant’s petition is in substantial compliance with Section 31-12-107(1) C.R.S. The petition is attached in Attachment B and contains a list of all property owners in the area proposed to be annexed, excluding public streets and alleys. Staff has reviewed the petition and accompanying annexation map as well as a title commitment evidencing title to the properties within the proposed annexation area (see Attachment D). Staff finds that the following state law requirements have been met: (a) Persons comprising more than fifty percent of the landowners in the area and owning more than fifty percent of the area, excluding public streets and alleys and any land owned by the City of Boulder, have signed the Petition, meeting the requirements of sections 31-12-104 and 31-12-105, as amended, seeking annexation to the City of Boulder of such territory; (b) The petition has been filed with the clerk; (c) The petition contains the following: (I) An allegation that it is desirable and necessary that such area be annexed to the municipality; (II) An allegation that the requirements of sections 31-12-104 and 31-12-105 exist or have been met; (III) An allegation that the signers of the petition comprise more than fifty percent of the landowners in the area and own more than fifty percent of the area proposed to be annexed, excluding public streets and alleys and any land owned by the annexing municipality; (IV) A request that the annexing municipality approve the annexation of the area proposed to be annexed; (V) The signatures of such landowners; (VI) The mailing address of each such signer; (VII) The legal description of the land owned by such signer;

(VIII) The date of signing of each signature; and (IX) The affidavit of each circulator of such petition, whether consisting of one or more sheets, that each signature therein is the signature of the person whose name it purports to be. (d) Four copies of an annexation map accompanied the Petition and contained the following information: (I) A written legal description of the boundaries of the area proposed to be annexed; (II) A map showing the boundary of the area proposed to be annexed; (III) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; (IV) Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. (e) All signatures on the Petition have been dated no more than one hundred eighty days prior to the date of filing the Petition with the City Clerk.

Fiscal Note This item is limited to City Council’s determination of whether the annexation meets applicable state requirements. As such, there are no direct fiscal impacts associated at this stage. If the annexation proceeds, there may be additional workload and fiscal consideration related to utilities and right-of-way improvements, and management of property assessments. Staff review and preparation of the annexation petition are part of the department’s standard work program and are supported within existing budget appropriations. No additional staffing or budget adjustments are required for this annexation review. Future fiscal and operational impacts, if any, will be evaluated and presented at the time of consideration of an annexation ordinance.

Findings Staff finds that the petition is in substantial compliance with Section 31-12-107(1), C.R.S. and requests council consideration of this matter and action in the form of the following motion:

Motion to adopt Resolution 1375 to determine that the petition to annex approximately 43.194 acres of land generally located within the Spring Valley Estates Subdivision, including properties along Linden Drive, Cholla Court, Spring Valley Road, and Cactus Court and rights-of-way, is in substantial compliance with Section 31-12-107(1), C.R.S., and establishing May 21, 2026 as the date for a public hearing and action related to the annexation petition; and setting forth related details.

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Attachments Attachment A: Resolution 1375 Attachment B: Annexation Petition Attachment C: Annexation Map Attachment D: Title Commitment for Annexation Area