Attachment C - Proposed Ordinance 8734

Regular Meeting, February 19, 2026 · item 5A: Consideration of the following items related to a petition for an annexation of approximately 24.04 acres of land located at 5399 Kewanee Dr… · 21 pages

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ORDINANCE 8734

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AN ORDINANCE ANNEXING TO THE CITY OF BOULDER APPROXIMATELY 24.04 ACRES OF LAND GENERALLY LOCATED AT 5399 KEWANEE DRIVE AND 5697 SOUTH BOULDER ROAD AND INCLUDING PORTIONS OF 55th STREET RIGHT-OF-WAY WITH AN INITIAL ZONING CLASSIFICATION OF PUBLIC (P) AND, FOR A PORTION OF RIGHT-OF-WAY, AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL LOW – 2 (RL-2) AS DESCRIBED IN CHAPTER 9-5, "MODULAR ZONE SYSTEM," B.R.C. 1981; AMENDING THE ZONING DISTRICT MAP FORMING A PART OF SAID CHAPTER TO INCLUDE THE PROPERTY IN THE ABOVE-MENTIONED ZONING DISTRICTS; AND SETTING FORTH RELATED DETAILS. THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO FINDS:

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The City of Boulder, a Colorado home rule City, is the owner of the parcels which

comprise the real property proposed for annexation. The parcels owned by the City and right-of-

way adjacent to it are more particularly described in Exhibit A attached hereto (the "City

Property").

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The entire annexation area consisting of 24.04 acres is described in Exhibit B

attached hereto (the “Property”). C.

The owners of 100% of the area proposed for annexation comprising 100% of the

land owners of said area, excluding public streets and alleys, have petitioned for annexation of the Property with an initial zoning of (1) Public (P) for the City Property and (2) Residential Low – 2 (RL-2) for a portion of 55th Street right-of-way (“55th Street Right-of-Way”) south of the City Property described in Exhibit C attached hereto; the Property is not embraced within any city, city and county, or incorporated town; and the Property abuts, and is contiguous to, the City of Boulder by at least one-sixth of its perimeter.

A community of interest exists between the Property proposed for annexation and

the City of Boulder; the Property is urban or will be urbanized in the near future; and the Property

is capable of being integrated into the City of Boulder.

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The Property does not include any area included in another annexation proceeding

involving a city other than the City of Boulder. F.

This annexation will not result in the detachment of the area from one school district

and the attachment of same to another school district.

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This annexation will not have the effect of extending the City of Boulder's

boundaries any further than three miles from any point of the existing city boundaries. H.

The Property does not include any area which is the same or substantially the same

area in which an election for the annexation to the City of Boulder was held within twelve months preceding the filing of the above petition. I.

The Planning Board duly proposed that the Property be annexed to the City of

Boulder and that the zoning district map adopted by the City Council be amended to zone and

include the City Property in the Public (P) zoning district and the 55th Street Right-of-Way in the

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Residential Low – 2 (RL-2) zoning district, as provided in Chapter 9-5, "Modular Zone System," B.R.C. 1981. J.

A public hearing on the proposed annexation and initial zoning of the Property

annexed and zoned hereby was duly held before the City Council on February 19, 2026.

The initial zoning designation of Public (P) for the City Property and Residential

Low – 2 (RL-2) for the 55th Street Right-of-Way is consistent with the Boulder Valley

Comprehensive Plan and bears a substantial relation to and will enhance the general welfare of the

Property and of the residents of the City of Boulder.

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A stream, wetland, water body and buffer area determination was completed for the

Property and its vicinity in accordance with the standards and procedures of Subsection 9-3-9(k),

“Stream, Wetland and Water Body Boundaries,” B.R.C. 1981, and in accordance with the

procedures specified in the 1987 Corps of Engineers Wetlands Delineation Manual and the

definitions of a stream, wetland and water body as set forth in Subsection 9-16-1(c) “Stream,”

“Wetland,” or “Water Body,” B.R.C. 1981. The City Council may adopt any wetlands mapped on

the Property and its vicinity and the associated wetlands evaluations as part of the annexation

ordinance to update the city’s regulatory maps.

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The requirements of Section 30 of Article II of the State Constitution and Sections

31-12-104 and 31-12-105, C.R.S. have been met, no election is required under Section 30 of

Article II of the State Constitution and Section 31-12-107(2) C.R.S., and no additional terms and

conditions are to be imposed upon the Property to be annexed other than what is agreed to in any

agreement associated with this annexation.

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The City Council has jurisdiction and the legal authority to annex and zone the

Property and to adopt amendments to the city’s stream, wetland, and water body boundary mapping and evaluations. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO:

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Section 1. The territory more particularly described in Exhibit B is hereby annexed to and included within the corporate boundaries of the City of Boulder. Section 2. Chapter 9-5, "Modular Zone System," B.R.C. 1981, and the zoning district map forming a part thereof is hereby amended to include the City Property within the Public (P) zoning district and the 55th Street Right-of-Way within the Residential Low – 2 (RL-2) zoning district. Section 3. Section 9-3-9, “Stream, Wetland and Water Body Protection,” B.R.C. 1981, and the stream, wetland and water body maps adopted therein, and as amended from time to time, be, and hereby are, amended to include the mapping shown in Exhibit D attached hereto and incorporated herein. Section 4. Section 9-3-9, “Stream, Wetland and Water Body Protection,” B.R.C. 1981, and the functional evaluations of all regulated stream, wetland and water bodies adopted therein, and as amended from time to time, be, and hereby are, amended to include the functional evaluation shown in Exhibit E, attached to this ordinance and incorporated herein by reference. Section 5. The City Council adopts the recitals in this ordinance and incorporates them herein by this reference. Section 6. For this limited purposes of this ordinance, the City Council suspends the requirement of Subsection 9-2-17(c), “Annexation Requirements,” B.R.C., which otherwise would require that the owners of the land petitioning the city for annexation for their property execute an annexation agreement and suspends any associated requirement under Subsection 9-1-5(a), “Amendments and Effect of Pending Amendments,” B.R.C. 1981.. Section 7. The City Council authorizes the city manager to implement the terms of this annexation.

Section 8. The annexation and zoning of the Property and adoption of the mapping and

evaluation of the stream, wetland and water bodies on the Property is necessary for the protection

of the public health, safety, and welfare.

Section 9. The City Council deems it appropriate that this ordinance be published by title

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only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition.

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INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 8th day of January 2026.

10 __________________________ Aaron Brockett Mayor

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Attest:

________________________________ Elesha Johnson City Clerk

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READ ON SECOND READING, PASSED AND ADOPTED this 19th day of February 2026. ______________________________ Aaron Brockett Mayor

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Attest: _______________________ Elesha Johnson City Clerk

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EXHIBIT A LEGAL DESCRIPTON

EXHIBIT A TO ORDINANCE LEGAL DESCRIPTION (AREA OWNED BY CITY OF BOULDER AND FOR PUBLIC ZONING DESIGATION) (SHEET 1 OF 2) (5399 KEWANEE DRIVE AND 5697 SOUTH BOULDER ROAD) PARCEL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 3 AND THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 70 WEST OF THE 6TH P.M., COUNTY OF BOULDER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE PARCEL OF LAND AS DESCRIBED IN THE RECORDS OF BOULDER COUNTY AT RECEPTION NO. 03651684 ON APRIL 23, 2018, TO BEAR SOUTH 88°55'58" WEST, A DISTANCE OF 1728.03 FEET BETWEEN A FOUND #5 REBAR WITH 1 1/2" ALUMINUM COLLAR (ILLEGIBLE) AT THE SOUTHEAST CORNER AND A FOUND #5 REBAR WITH 1 1/2" ALUMINUM COLLAR "DB & CO LS 17664" AT THE SOUTHWEST CORNER, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL, THENCE NORTH 00°01'50" WEST, A DISTANCE OF 1117.56 FEET TO THE SOUTHWESTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN THE RECORDS OF BOULDER COUNTY AT RECEPTION NO. 03485938 ON NOVEMBER 17, 2015; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL (REC. NO. 03485938), SOUTH 59°37'31" EAST, A DISTANCE OF 2004.77 FEET; THENCE SOUTH 00°00'37” EAST, A DISTANCE OF 16.88 FEET; THENCE SOUTH 01°19'18” WEST, A DISTANCE OF 54.79 FEET TO THE SOUTH LINE OF SAID PARCEL (REC. NO. 03651684); THENCE ALONG SAID SOUTH LINE, SOUTH 88°55'58" WEST, A DISTANCE OF 1728.03 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 1,028,052 SQUARE FEET OR 23.60 ACRES, MORE OR LESS.

LEGAL DESCRIPTION (AREA OWNED BY CITY OF BOULDER AND FOR PUBLIC ZONING DESIGNATION) (SHEET 2 OF 2)

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EXHIBIT B

LEGAL DESCRIPTION

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EXIIIBIT B ANNEXATION AREA I.EOAL rn:SCRll''I ION

ANNEXATION MAP

A PARCEL OF LAND, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 3, AND THE SOUTHEAST QUARTER OF SECTION 4, TOIYNSHIP 1 SOUTH, RANGE 70 WEST OF THE 6TH P.M., COUNTY OF BOULDER. STATE OF COLORADO SHEET 1 OF 1 TOTAL AREA = 1,047,221 SQ FT., OR 24.04 ACRES, MORE OR LESS

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EXHIBIT C

LEGAL DESCRIPTION

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EXHIBIT C TO ORDINANCE LEGAL DESCRIPTION (AREA FOR RESIDENTIAL LOW - 2 ZONING DESIGNATION) (SHEET 1 OF 2) (PORTIONS OF 55TH STREET RIGHT-OF-WAY) PARCEL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 3 AND THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 70 WEST OF THE 6TH P.M., COUNTY OF BOULDER, STATE OF COLORADO, KNOWN AS THE PORTION OF LAND CONVEYED TO THE COUNTY OF BOULDER BY DEED RECORDED JUNE 23, 1965 AT RECEPTION NO. 786666 AND SUBSEQUENTLY CONVEYED TO THE CITY OF BOULDER BY DEED RECORDED MAY 24, 1989 AT RECEPTION 983929, AND THE AREA DEDICATED TO THE CITY OF BOULDER DESCRIBED IN DEED RECORDED APRIL 1, 2025 AT RECEPTION NO. 04041902, COUNTY OF BOULDER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE PARCEL OF LAND AS DESCRIBED IN THE RECORDS OF BOULDER COUNTY AT RECEPTION NO. 03651684 ON APRIL 23, 2018, TO BEAR SOUTH 88°55'58" WEST, A DISTANCE OF 1728.03 FEET BETWEEN A FOUND #5 REBAR WITH 1 1/2" ALUMINUM COLLAR (ILLEGIBLE) AT THE SOUTHEAST CORNER AND A FOUND #5 REBAR WITH 1 1/2" ALUMINUM COLLAR "DB & CO LS 17664" AT THE SOUTHWEST CORNER, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL, THENCE ALONG THE NORTH LINE OF THE PARCEL OF LAND DESCRIBED IN THE RECORDS OF BOULDER COUNTY AT RECEPTION NO. 2186408 ON AUGUST 16, 2001, NORTH 88°55'58" EAST, A DISTANCE OF 924.13 FEET TO THE WEST RIGHT-OF-WAY LINE OF 55TH STREET, ALSO BEING POINT OF BEGINNING. THENCE DEPARTING SAID RIGHT-OF-WAY LINE, NORTH 88°55'58" EAST, A DISTANCE OF 61.98 FEET TO THE EAST RIGHT-OF-WAY LINE OF SAID 55TH STREET; THENCE ALONG SAID RIGHT-OF-WAY LINE, SOUTH 00°35'24" EAST, A DISTANCE OF 309.52 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE, SOUTH 89°22'32" WEST, A DISTANCE OF 61.98 FEET TO THE WEST RIGHT-OF-WAY LINE OF SAID 55TH STREET; THENCE ALONG SAID RIGHT-OF-WAY LINE, NORTH 00°35'24" WEST, A DISTANCE OF 309.04 FEET TO THE NORTHEAST CORNER OF SAID PARCEL (REC. NO. 2186408) AND THE POINT OF BEGINNING. SAID PARCEL CONTAINING 19,169 SQUARE FEET OR 0.44 ACRES, MORE OR LESS.

LEGAL DESCRIPTION (AREA FOR RESIDENTIAL LOW-2 ZONING DESIGNATION) (SHEET 2 OF 2)

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Exhibit D

Wetland Map

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EXHIBIT E

FUNCTIONAL EVALUATIONS

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Wetland Evaluation

STR: S 3&4, T1S, R70W

Investigator: David Steinmann

Date of Visit: 11/20/2024

Obs. Method: Onsite

General Location: South of the East Boulder Recreation Center next to 55th Street. Referred to as the Hogan Pancost Property. Description: This evaluation covers the emergent cattail wetlands within a topographically low drainage swale on the north part of the site west of 55th Street. The property is an open field that was previously heavily grazed with cattle and horses on the land. The majority of the land site is vegetated with non-native noxious weeds. The dominant wetlands vegetation in the low-functioning wetlands is cattails. Plains cottonwood trees, willow trees, ash trees, Russian olive trees, and willows grow at the site. Wetland Origin: Irrigation

Primary Water Source: Irrigation Ditch Flows and Seepage

Hydro-period: Seasonal

Max Water Depth: (ft): <1

Major Plant Communities Present: Cattails, Sedges, and Rushes

% of Wetland Area 100 %

% Vegetated: 92 % Bare ground: 8 % Water: 0.01

FUNCTION AND VALUE ASSESSMENT Ratings: 5 = very high, 4 = high, 3 = medium, 2 = low, 1 = no Confidence in rating: c = high, b = medium, a = low Groundwater Recharge

There is minor groundwater recharge after heavy rains and during snowmelt when water collects in the low spots and drainage swales where it can infiltrate into the ground.

Groundwater Discharge

There is no evidence of groundwater discharge because there are no seeps, springs, or streams on the site.

Flood Storage/Alteration

The site can store minor amounts of floodwater after heavy rains.

Shoreline Anchoring

No shorelines occur at the property.

Sediment Trapping/

There is modest sediment trapping during heavy rains.

Nutrient Retention (short-term)

Short term nutrient retention is expected in the drainage swales and within the areas of dense wetlands vegetation.

Nutrient Retention

Long-term woody debris accumulation was observed, with emergent wetlands and lush vegetation being able to trap and retain nutrients.

Food Chain Support (export)

There are no streams to export food chain support from the site.

Food Chain Support (within basin)

Vegetation, berries, rodents, and invertebrates provide food chain support.

Fish Habitat/Aquatic Diversity

There is no fish habitat or aquatic diversity due to the lack of streams.

Wildlife Habitat

Trees, shrubs, grasses, and flowers provide food and habitat for birds and wildlife such as deer, rodents, canines, raptors, songbirds and prairie dogs.

Active Recreation

Recreational use is currently non-existent. The area is fenced.

Passive Recreation/ Heritage Value

The site may be used for photography and to passively observe wildlife. There no heritage value to the wetlands.

Comments: The wetlands are isolated and are hydrologically supported by irrigation ditch seepage from the irrigation ditches that flow across the site. Wetland boundaries are defined by vegetation, soils, and topography. Noxious weeds are prevalent.

Wetland Evaluation

STR: S 3&4, T1S, R70W

Investigator: David Steinmann

Date of Visit: 11/20/2024

Obs. Method: Onsite

General Location: South of the East Boulder Recreation Center next to 55th Street. Referred to as the Hogan Pancost Property. Description: This evaluation covers the wet meadow wetlands on the south side of the property west of 55th Street, wetlands within several topographically low drainage swales on the west side, and wetlands adjacent to the active irrigation ditches associated with the property. The site is an open field that was previously heavily grazed with cattle and horses on the land. The majority of the site is vegetated with non-native noxious weeds. The dominant wetlands vegetation is sedges and cattails. Cottonwood trees, willow trees, ash trees, Russian olive trees, and shrubs are present. The Northern Leopard Frog may utilize these wetlands. Wetland Origin: Irrigation

Primary Water Source: Irrigation Ditch Flows and Seepage

Hydro-period: Seasonal

Max Water Depth: (ft): <1

Major Plant Communities Present: Cattails, Sedges, and Rushes

% of Wetland Area 100 %

% Vegetated: 92 % Bare ground: 8 % Water: 0.01

FUNCTION AND VALUE ASSESSMENT Ratings: 5 = very high, 4 = high, 3 = medium, 2 = low, 1 = no Confidence in rating: c = high, b = medium, a = low Groundwater Recharge

There is minor groundwater recharge after heavy rains and during snowmelt when water collects in the low spots and drainage swales where it can infiltrate into the ground.

Groundwater Discharge

There is no evidence of groundwater discharge because there are no seeps, springs, or streams on the site.

Flood Storage/Alteration

The site can store minor amounts of floodwater after heavy rains.

Shoreline Anchoring

No shorelines occur at the property.

Sediment Trapping/

There is modest sediment trapping during heavy rains.

Nutrient Retention (short-term)

Short term nutrient retention is expected in the drainage swales and within the areas of dense wetlands vegetation.

Nutrient Retention

Long-term woody debris accumulation was observed, with emergent wetlands and lush vegetation being able to trap and retain nutrients.

Food Chain Support (export)

There are no streams to export food chain support from the site.

Food Chain Support (within basin)

Vegetation, berries, rodents, and invertebrates provide food chain support.

Fish Habitat/Aquatic Diversity

There is no fish habitat or aquatic diversity due to the lack of streams.

Wildlife Habitat

Trees, shrubs, grasses, and flowers provide habitat for birds and wildlife such as deer, rodents, canines, raptors and songbirds. The Northern Leopard Frog may occur in the wet meadow wetlands and along the adjacent irrigation ditches.

Active Recreation

Recreational use is currently non-existent. The area is fenced.

Passive Recreation/ Heritage Value

The site may be used for photography and to passively observe wildlife. There no heritage value to the wetlands.

Wetland Evaluation

Wetland #: 40901

Former #: 15 (in part)

Investigator:

Date of Visit:

Obs. Method: Onsite

A. Carpenter, C. Browne

General Location:

6/2/2004

T_R_S: T1SR70WS3

Ponds immediately south of East Boulder Recreation Center

Description: Two constructed ponds that encompass nearly 6 acres.

Wetland Origin: Urban/ industrial

Primary Water Source:

Hydroperiod:

Max WaterDepth (ft):

Permanently flooded

Major plant communities present plains cottonwood / mixed graminoid cattail wooly sedge / mixed graminoid mixed graminoid open water

Urban / industrial runoff

% of wetland area 2 1 1 1 95

FUNCTION AND VALUE ASSESSMENT Ratings: 5 = very high, 4 = high, 3 = medium, 2 = low, 1 = no

% Vegetated: 1 % Bare ground: 0 % Water: 99

Confidence in rating: c = high, b = medium, a = low

Groundwater Recharge

Groundwater Discharge

Flood Storage / Floodflow Alteration

Shoreline Anchor. / Stabilization

Sediment Trapping / Retention

Nutrient Retention (long-term)

Nutrient Retention (short-term)

Food Chain Support (export)

low opportunity due to controls

Food Chain Support (within basin)

mowed to edges

Fish Habitat / Aquatic Diversity

Wildlife Habitat

geese, but human activity and dogs probably reduce effectiveness of area for wildlife

Active Recreation

Frequent use of ponds in dog park area

Passive Rec / Heritage Value

Rec. center visitors

Comments:

margins partially manicured (with some unmaintained areas) resident Canada goose population

Wetland Evaluation

STR: S04, T1S, R70W

Investigator: Cat McIntyre

Date of Visit: 8/28/25

Obs. Method: Onsite

General Location: South of East Boulder Recreation Center and East of 55th Street. Description: The Hogan Pancost property managed by Open Space Mountain Parks is located east of 55th Street. Wetland Origin: Irrigation/Natural Hydro-period: Semipermanently flooded

Primary Water Source: Irrigation/GW Max Water Depth: (ft): 1

Major Plant Communities Present: Sedges and rushes

% of Wetland Area 100 %

% Vegetated: 94 % Bare ground: 1 % Water: 5

FUNCTION AND VALUE ASSESSMENT Ratings: 5 = very high, 4 = high, 3 = medium, 2 = low, 1 = no Confidence in rating: c = high, b = medium, a = low Groundwater Recharge

There is some groundwater recharge following precipitation events.

Groundwater Discharge

Groundwater discharge is likely attributing to the small pond located on site and hydrology may be influenced by flow in South Boulder Creek and ditch seepage

Flood Storage/Alteration

The site provides some flood storage.

Shoreline Anchoring

No shorelines are present at the site.

Sediment Trapping/ Retention

There is modest and temporary sediment trapping during rain events

Nutrient Retention (short-term)

Short term nutrient retention is expected in areas of standing water and where there is dense emergent wetland vegetation.

Nutrient Retention (long-term)

Emergent wetland vegetation, litter and soil throughout the site is expected to trap nutrients long term.

Food Chain Support (export)

The ditch that flows through the site acts as an export for food chain support

Food Chain Support (within basin)

Wetland vegetation, microorganisms, invertebrates, and rodents create food chain support.

Fish Habitat/Aquatic Diversity

No fish habitat is on site.

Wildlife Habitat

Riparian trees and emergent grasses, sedges and rushes provide food and habitat for birds and wildlife, and Howard Ditch serves as a wildlife corridor.

Active Recreation

Site is not used for recreation.

Passive Recreation/ Heritage Value

The site is adjacent to a pedestrian trail used for walking and biking so may be used for passive observation of nature and wildlife.

The Wetland is High Functioning IF the total additive value is greater than or equal to 26 (excluding recreation) OR any value is 4 or 5 (except recreation) The Wetland is Low Functioning IF the total additive value is less than or equal to 25 (excluding recreation)