Agenda Memo

City of Boulder City Council Agenda Item Meeting Date: January 8, 2026 Agenda Title Consideration of the following items related to a petition for an annexation of approximately 24.04 acres of land approximately located at 5399 Kewanee Drive and 5697 South Boulder Road, including 55th Street right-of-way (LUR2025-00003): Consideration of a motion to adopt Resolution 1369 finding the annexation petition is substantially in compliance with Section 31-12-107(1), C.R.S., and setting a hearing to determine compliance with other state statutory annexation requirements, and setting forth related details. Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8734 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 abovementioned zoning districts; and setting forth related details.

Staff Contact  

Shannon Moeller, Planning Manager, Planning & Development Services Brad Mueller, Director, Planning & Development Services

Draft Motion Language Staff Findings and Recommendation: 1. Staff finds the proposed annexation to be consistent with state statutes. 2. Staff finds the proposed annexation to be consistent with the BVCP. 3. Staff finds the initial zoning of Public (P) and Residential – Low 2 (RL-2) is consistent with the Boulder Valley Comprehensive Plan goals and land use

designations of Park, Urban and Other (PK-U/O) and Open Space, Acquired (OS-A) and Low Density Residential (LR) and appropriate for the subject property and right-of-way. Therefore, staff requests council consideration of this matter and action in the form of the following motions: 1. Motion to adopt Resolution 1369 finding the annexation petition is substantially in compliance with Section 31-12-107(1), C.R.S. and setting a hearing to determine compliance with other state statutory annexation requirements and setting forth related details. AND 2. Motion to introduce and order published by title only Ordinance 8734 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 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.

Executive Summary The purpose of this item is for City Council to consider a request to annex approximately 24.04-acres of land generally located at 5399 Kewanee Drive and 5697 South Boulder Road, including areas of public street, into the City of Boulder with an initial zoning designation of Public (P) on 23.6 acres and an initial zoning of Residential – Low 2 (RL-2) on a 0.44-acre portion of right-of-way. The land is located within Planning Area II of the BVCP and is eligible for annexation consideration. The ordinance to annex the property is provided for first reading in Attachment C. Per the State’s annexation statutes, City Council is asked to consider the attached proposed Resolution 1369 as provided in Attachment B. 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 A for the annexation map and Attachment D for the annexation petition. The proposal also includes a BVCP land use map change on the 19-acre portion of the property west of 55th Street from Low Density Residential to Park, Urban and Other (PK-U/O) which City Council will be asked to consider at the time of the hearing on the annexation planned on February 19, 2026. Planning Board reviewed the proposed annexation and initial zoning and BVCP land use map change for the property on November 18, 2025. The Board voted unanimously (6-0, M. Robles absent) to approve the proposed BVCP land use map change. The

Board also voted unanimously (6-0, M. Robles absent) to recommend to Council approval of the proposed annexation and initial zoning. A summary of the board’s discussion and action on the land use map change and annexation and initial zoning can be found below under ‘Board and Commission Feedback’. The staff memorandum to the Planning Board, meeting audio, and other related background materials are available on the Records Archive for Planning Board. Draft minutes from the hearing can be found in Attachment G.

Council Action Options Option

Outcome

If Council finds the petition meets state law requirements, approve the motions

If the motions are approved, Resolution 1369 will be adopted and the annexation ordinance will have been introduced at first reading and ordered to be published by title only. A public hearing will be held on February 19, 2026 for actions on the proposed annexation, initial zoning, and BVCP land use map change requests.

If Council finds that the petition does not meet state law requirement, revise Resolution 1369 finding failure to comply and move to adopt revised Resolution to reflect the findings. Take no action or deny the motion to introduce annexation ordinance.

If Council finds that petition does not meet state law requirements, Council cannot take further actions on the annexation other than to adopt a revised Resolution with findings reflecting the failure to comply. The proposal would not proceed.

Key Issues Staff has identified the following key issues: 1. 2. 3.

Is the proposed annexation consistent with State statutes and BVCP policies, including BVCP Policy 1.17, Annexation? Does the proposed change to the BVCP land use map from Low Density Residential (LR) to Park, Urban and Other (PK-U/O) meet the applicable criteria? Is the proposed initial zoning of Public (P) and Residential – Low 2 (RL-2) consistent with the initial zoning standards in the Boulder Revised Code?

Background Property Description & Site Context Prior Land Use Review History: The potential annexation of the site has been discussed for many years, and several annexation, concept plan, and site review applications have been reviewed. Until 2018, the property was privately owned. The property has historically been known as the Hogan Pancost property. With the existing Boulder Valley Comprehensive Plan (BVCP) designation of the site as Low Density Residential land use, development review applications and requests to annex were submitted to develop the property for residential uses. Environmental concerns in the area, mostly focused on wetlands, groundwater and flood, have been a focus in the review of the prior applications. The most recent requests to annex and develop the property included an Annexation and Initial Zoning (LUR2015-00093) with an initial zoning of Residential Low -2 (RL-2) and Concept Plan and Review (LUR2016-00076) application to construct 117 residential units. On Aug. 10, 2017, Planning Board recommended denial of the request to annex based on concerns about flood and groundwater impacts. On Oct. 10, 2017, City Council held a public hearing to consider the Annexation and Initial Zoning and the Concept Plan. In November 2017, the applicant withdrew the annexation application. From December 2017 through 2018, City Council held various study sessions and discussions regarding the property and next steps. •

December 12, 2017 – Council held a study session to discuss the property and the next steps.

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January 16, 2018 – A Matter from the City Manager was considered, and a public hearing was held. By a unanimous vote, staff was directed to proceed to purchase this property.

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January 19 and 20, 2018 – Council discussed the purchase timing and uses for the Hogan Pancost Property at its annual retreat.

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February 20, 2018 – Staff requested consideration of a motion to approve the acquisition of the Hogan Pancost Property.

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April 20, 2018 – The property was purchased.

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October 9, 2018 – Council held a study session to consider potential uses for the property.

On July 16, 2019, Council directed staff to arrange for the purchase of the property. On October 15, 2019, Council finally adopted Ordinance 8349, in which Council appropriated funds for payment of the purchase price from the Permanent Parks and Recreation Fund, the Open Space Fund, and the Flood and Stormwater Utility Fund.

Ordinance 8349 designates the Hogan Pancost Property partially for parks and recreation purposes, partially for future flood mitigation and partially for open space use. The map attached to the ordinance shows the locations of those uses, as shown in Figure 1, below.

Figure 1 - Uses of Property per Ordinance 8349

Court System Plan: In 2023 and 2024, the City of Boulder Parks and Recreation Department engaged in a planning process for the Boulder Tennis and Pickleball Court System Plan that utilized a blended approach that included policy direction, research, and community engagement. The purpose of the Court System Plan was to acknowledge and explore the growing demand for both pickleball and tennis in the community. The changing court supply in Boulder includes the closure of private tennis facilities (Rocky Mountain Tennis Center and pending redevelopment of CU Boulder South Campus Tennis Courts). Community representatives have shown a strong desire for additional dedicated courts and a higher level of service. The Court System Plan was finalized in July 2024. The three primary outcomes of the plan are to: •

Develop short-term actions about how the department manages and invests in BPR’s current courts.

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Inform long-range investment opportunities in BPR’s court system.

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Define if and how BPR may play a role in a potential indoor facility.

Among the Key Recommendations, the plan recommended: •

BPR should develop additional outdoor courts as funding and capacity allow. The recommended additions are: 22 additional dedicated tennis courts and 22 dedicated pickleball courts.

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BPR should explore potential partnerships to better understand indoor facility opportunities. For example, BPR will continue to determine feasibility of temporary indoor facility with construction at East Boulder Community Park in 2025 and long-term opportunities as part of the Future of Recreation Centers project.

East Boulder Community Park was identified in the Court System Plan (pages 36-37) as a priority site for the expansion of the tennis and pickleball court system. The plan noted: •

Staff will be engaging in the process to make use of the Hogan Pancost property in parallel with planning for schematic design of courts at East Boulder Community Park.

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The City purchased the Hogan Pancost property for utilities and parks usage.

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The first step in understanding potential for recreation use is determining regulatory feasibility given flood impacts, groundwater requirements and water rights coordination before beginning an annexation process.

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Including annexation, this process may take 9-24 months.

East Boulder Community Park Racket Courts: From late 2024 through 2025, Boulder Parks & Recreation has commenced site analysis, conceptual planning, and community engagement towards the creation of additional tennis courts and conversion of some courts to pickleball at East Boulder Community Park, for a proposed total of 10 tennis courts and 6 pickleball courts. Additional information is available online at https://bouldercolorado.gov/projects/east-boulder-community-park-racket-courts. Future development of additional tennis courts on the subject site requires annexation to bring the site into the jurisdiction of the city for extension of utilities and land use review and permitting processes. No development plan is being reviewed or approved with this annexation.

Existing Conditions: As shown in Figure 2, the site, historically known as the Hogan Pancost property, is located at 5399 Kewanee Drive and 5697 South Boulder Road in east Boulder near the East Boulder Recreation Center. The site can be accessed from 55th Street from South Boulder Road to the south of the site or from 55th Street from the north by way of the East Boulder Community Center.

Manhattan Middle School

East Boulder Community Center

Keewayden Meadows

Proposed Annexation

Figure 2 - Vicinity Map

The property has been historically used for grazing and agricultural purposes within unincorporated Boulder County; however, as shown in Figure 3, almost the entirety of the site is surrounded by city annexed land, including the residential developments of Keewayden Meadows to the west, Greenbelt Meadows to the south, Peacock Place to the southeast, and the East Boulder Community Center to the northeast.

East Boulder Community Center

Keewayden Meadows

Peacock Place

Greenbelt Meadows

Figure 3 - Site respective to city limits shown shaded

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Floodplain. The site also contains 100-year and 500-year floodplain areas, and small areas of conveyance and high hazard zone, as shown in Figure 4.

Figure 4 - Floodplain

Wetlands. As shown in Figure 5, there are existing wetland areas on the site. A wetlands map is required as part of the annexation process to establish the mapped wetlands regulatory boundaries.

Figure 5 - Wetlands Boundaries

Wetlands mapping and functional evaluations (Attachment E) and an Ecological Report (Attachment F) were prepared by the applicant. There are currently approximately 7.37 acres of mapped wetlands on the site, more than in previous years due to recent flood irrigation from the ditch lateral along the south edge of the site. Flood irrigation is no longer occurring and the cuts in the ditch lateral are being patched. Some ditch seepage will continue to occur and support the wetlands close to the ditches and ditch laterals. The mapped wetlands on the south side are high-functioning with a 50' wide buffer and the cattail wetlands on the north side of the site are low-functioning with a 25' wide buffer zone. An updated wetlands delineation is anticipated to be completed in 2026 following the changes to flood irrigation on the site. The higher-functioning wetlands near the south and west boundaries of the site will likely remain wetlands, consistent with previous mapping completed with prior annexation applications. For the purposes of annexation, the current mapped wetland boundaries are being adopted. Wildlife. As described in the Ecological Report (Attachment F), the site was evaluated for the presence and habitat for wildlife. Higher quality habitat is present east of 55th Street, with the land west of 55th having lower quality habitat with numerous noxious weeds. Wildlife values are low to moderate and include feeding, watering and cover. The site was examined for potential habitat for threatened and endangered species, as described in Attachment F. In particular:

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Critical habitat for the Preble’s Meadow Jumping Mouse occurs on the eastern part of the property east of 55th Street, which will continue to be preserved and protected as open space. The land west of 55th Street does not provide critical habitat for the Preble’s Meadow Jumping Mouse.

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The tricolored bat is proposed for listing by the US Fish and Wildlife Service as an Endangered Species. Buildings on the property were examined for signs of hibernating or roosting bats in the fall of 2024, and no evidence of bats such as guano or small scratches on the ceilings was observed. It is unlikely that bats would hibernate at the site. The buildings and trees should be examined for roosting bats, especially tricolored bats, and for any physical signs of bats before being removed.

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No known occupied habitat or potential habitat occurs at the Hogan Pancost site for the Ute ladies’ tresses orchid or the prairie fringed orchid. The property was closely examined for the Ute ladies’ tresses orchid many times in previous years and the species was not found.

Overall, the ecological report concluded that future development on the portion of the site west of 55th Street is not anticipated to adversely impact any listed Threatened & Endangered species that could occur in Boulder County. This is consistent with previous findings from studies completed during the prior annexation and concept plan proposals LUR2015-00096 and LUR2016-00076 in 2016, which found that no Preble’s Meadow Jumping Mouse had been observed on the site and were not likely to occupy the site based on the unsuitable habitat it would present; trapping studies completed that found no evidence of the mice on the site. Additional studies related to other species of concerns on the property, including plant species, were done and concluded that no special protected species were identified. The memos from prior cases are available in the city’s Planning Board archive. The land east of 55th Street will continue to be preserved and protected as open space. Prairie Dogs. A small area of abandoned prairie dog burrows is present in the northcentral part of the site, as described in Attachment F. Prairie dogs were not observed at the site when it was examined eight different times over six months. The observations found that the old burrows were collapsing and there were no signs of prairie dog scat or vegetation grazing; no prairie dogs were found to be currently living on the site. BVCP Planning Areas: As shown in Figure 6, the property is located in Area II in the BVCP, which is the “area 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. New urban development may only occur coincident with the availability of adequate facilities and services. Master plans project the provision of services to this area within the planning period.”

Figure 6 - BVCP Planning Areas

Existing BVCP Land Use Designation: As shown in Figure 7, the underlying Boulder Valley Comprehensive Plan (BVCP) land use designation is Low Density Residential (LR) on the western portion of the property and Open Space, Acquired (OS-A) on the eastern portion of the property (east of 55th Street).

Figure 7 - BVCP Land Use Designations

Existing Zoning: The property is located in unincorporated Boulder County with a county zoning of RR – Rural Residential and SR – Suburban Residential, which are defined as “Residential areas developed at a density and character compatible with agricultural uses” and “Low density suburban residential areas,” respectively (Articles 4103 and 4-105, Boulder County Land Use Code). The site is largely surrounded by properties within Boulder city limits. Surrounding city zoning districts are shown in Figure 8. Annexation of the subject property provides an opportunity to consider the appropriate zoning and land use designation for the area proposed to be annexed. The applicant’s specific proposal for annexation, land use change, and initial zoning is discussed later in the memo.

Figure 8 - Existing City Zoning Districts

Process Annexation: The property is not currently within City limits. To allow for the property to be brought under city jurisdiction and for utilities to serve the site, the land must annexed. Land may be considered for annexation to the City if the annexation would comply with state annexation statutes and the policies of Boulder Valley Comprehensive Plan (BVCP). The property borders the Boulder city limits with sufficient contiguity per state statute and is located within Area II of the BVCP, the area that may be considered for annexation. If a property is annexed, zoning is established consistent with to the goals and land use designations of the Boulder Valley Comprehensive Plan. Most annexations involve two public hearings. The first is conducted by the Planning Board, who will make a recommendation to the City Council whether or not the annexation should be approved, and the terms and conditions of annexation, and initial zoning that should be applied. The City Council then holds a second public hearing before making a decision. Land Use Map Change: The BVCP land use designation on the property is Low Density Residential (LR) on the western portion of the property and Open Space, Acquired (OS-A) on the eastern portion of the property (east of 55th Street).

The applicant requests a land use designation change to portion of the site west of 55th Street to from Low Density Residential to Park, Urban and Other (PK-U/O). The change must be found to be consistent with criteria for land use map changes established in the Boulder Valley Comprehensive Development Plan IGA attached to the BVCP as Appendix B. The amendment procedures can be found in Section A.1 of Exhibit B to the IGA. The process to change the land use map designation for this property requires approval by the Planning Board and City Council. Changes greater than 5 acres in size are typically subject to Boulder County call-up; however, because the property is owned by the city, the change is exempt from County call-up. The land use map change request may be considered concurrently with the annexation application.

Application Description BVCP Land Use Map Change: The applicant is requesting a BVCP land use map change from Low Density Residential to Park, Urban and Other (PK-U/O). The land use map change is proposed to reflect the city’s acquisition and designation of this portion of the property for future flood mitigation and parks and recreation purposes. Further information and analysis of the proposed land use designation is discussed later in the memo under Key Issue #2. Annexation and Initial Zoning: The applicant is requesting annexation by petition into the City of Boulder with an initial zoning of Public (P), reflective of the city’s ownership and the future uses of the property for flood mitigation and parks and recreation purposes (west of 55th Street) and for open space purposes (east of 55th Street); and initial zoning in a small area of 55th Street right-of-way with an initial zoning of Residential – Low 2 where right-of-way south of the property is being annexed to allow for clarity of maintenance and permitting responsibilities of the right-of-way. Further information and analysis of the proposed initial zoning is discussed later in the memo under Key Issue #3. Refer to the Key Issues analysis for staff’s analysis of applicable state statutes, BVCP policies, land use designation change, and proposed initial zoning. Annexation Requirements Typically, an annexation agreement between the city and the applicant is required to establish the terms and conditions of the annexation. Because the property is city-owned, any necessary requirements have been completed during the review of the annexation or will be incorporated into the annexation ordinance. The annexation ordinance waives the requirement for an annexation agreement in this case as the city is the applicant. Annexation requirements include: •

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Payment of Plant Investment Fees (PIFs): Payment of PIFs is required prior annexation for any existing impervious surface area on the property. PIFs in the amount of $5,010.79 for the 1,849 square-feet of impervious surface area (existing agricultural structures) have been paid. Submitting a petition for incorporating the property into the Northern Colorado Municipal Water District and Subdistrict: The applicant has submitted the required petition to incorporate the property into the NCMWD and subdistrict.

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Establishing regulatory wetland boundaries per Section 9-3-9(k)(2), B.R.C. 1981: The city requires all stream, wetland, water bodies and buffer areas on the property to be annexed to be mapped and a functional evaluation of the stream, wetland or water body performed. The approved mapping and evaluation is proposed to be adopted as an update to the regulatory maps as a part of the annexation ordinance. The regulatory wetland maps and functional evaluations (Exhibit C) were reviewed under case no. WET2025-00012 and would be adopted as part of the annexation ordinance.

Application History Planning Board reviewed the proposed annexation and initial zoning and BVCP land use map change for the property on November 18, 2025. The Board voted unanimously (6-0, M. Robles absent) to approve the proposed BVCP land use map change. The Board also voted unanimously (6-0, M. Robles absent) to recommend to Council approval of the proposed annexation and initial zoning. A summary of the board’s discussion and action on the land use map change and annexation and initial zoning can be found below under ‘Board and Commission Feedback’. The staff memorandum to the Planning Board, meeting audio, and other related background materials are available on the Records Archive for Planning Board. Draft minutes from the hearing can be found in Attachment G.

Public Comment Consistent with Section 9-4-3, Public Notice Requirements, B.R.C. 1981, staff provided notification to all property owners within 600 feet of the subject location of the application, and signs have been posted by the applicant indicating the review requested. Written comments are included in Attachment H. Comments received primarily expressed concerns about flooding and future development on the property. One community member spoke at the Planning Board public hearing on November 18, 2025 to share an idea for a botanic garden on the property.

Criteria for Review Applicable Boulder Revised Code Sections SECTION 9-2-17, “ANNEXATION REQUIREMENTS,” B.R.C. 1981 SECTION 9-2-18, “ZONING OF ANNEXED LAND,” B.R.C. 1981

Applicable Plans and Guidelines BOULDER VALLEY COMPREHENSIVE PLAN POLICIES • • •

1.08 Adapting to Limits on Physical Expansion 1.10 Growth Requirements 1.17 Annexation

BOULDER VALLEY COMPREHENSIVE PLAN APPENDIX B

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BVCP Land Use Map Changes Criteria

COLORADO MUNICIPAL ANNEXATION ACT OF 1965: •

Colorado State Statutes Title 31, Article 12 § 31-12-104. Eligibility for annexation § 31-12-105. Limitations § 31-12-107. Petitions for annexation and for annexation elections

Analysis 1. Is the proposed annexation consistent with State statutes and BVCP policies, including BVCP Policy 1.17, Annexation? State Statutes: The applicant is requesting annexation by petition as provided by state law. Annexations must comply with Colorado Revised Statues (C.R.S.), Article 12 of Title 31. Staff has reviewed the annexation petition for compliance with Sections 31-12-104, 31-12-105, and 31-12-107, C.R.S. and finds that the application is consistent with the statutory requirements, as affirmed by the criteria below (refer to Attachment A for the Annexation Map and Attachment D for the Annexation Petition): •

An annexation petition was filed meeting the requirements of Section 31-12-107, C.R.S.

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Landowners of more than 50 percent of the area proposed for annexation, excluding streets, have petitioned to annex.

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The annexation petition has been filed with the City Clerk of the City of Boulder.

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There is a community interest between the property proposed for annexation and the city of Boulder. As more than one-sixth of the perimeter of the area proposed to be annexed is contiguous, a community of interest is presumed.

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The subject property does not include any area included in another annexation proceeding involving a municipality other than the city of Boulder.

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The annexation would not remove the property from one school district and add it to another.

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The property has more than one-sixth (16.6%) contiguity with the City of Boulder. The annexation has approximately 77% contiguity.

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The annexation would 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 in any one year.

BVCP Policies: Additionally, annexations must comply with city policies 1.08 Adapting to Limits on Physical Expansion, 1.10 Growth Requirements and 1.17 Annexation in the BVCP. The annexation is consistent with policies that support

community benefit commensurate with potential impacts, where annexing the property is necessary to fulfill the purpose of the site as designated upon purchase of the property in 2019 partially for parks and recreation purposes, partially for future flood mitigation and partially for open space use. Following annexation, the area designated in Ordinance 8349 as open space will continue to have to be managed consistent with open space lands as described in the City Charter Sections 170 to 177, the land designated as parks and recreation consistent with park lands purchased with funds from the permanent parks and recreation fund as described in Charter Sections 154 to 164, and the land designated as stormwater and flood management consistent with the purposes described in Chapter 11-5, “Stormwater and Flood Management Utility,” B.R.C. 1981. Overall, staff finds that the annexation proposal is consistent with the following BVCP policies: •

1.08 Adapting to Limits on Physical Expansion

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1.10 Growth Requirements

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1.13 Definition of Comprehensive Planning Areas I, II & III

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1.17 Annexation

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2.03 Compact Development Pattern

Refer to Attachment I for staff’s summary of the annexation proposal’s consistency with these policies. 2. Does the proposed change to the BVCP land use map from Low Density Residential (LR) to Park, Urban and Other (PK-U/O) meet the applicable criteria? As noted earlier in the memo, the applicant proposes a land use map change on the portion of the property west of 55th Street to reflect the city’s acquisition and designation of this portion of the property for future flood mitigation and parks and recreation purposes. Refer to Figure 9 for a map of existing and proposed BVCP designations.

Existing

Proposed

Figure 9 - Existing and Proposed BVCP Land Use Designations

A land use map change may be considered concurrent with a request for annexation. Land use map changes for properties located in Area II require approval of the Planning Board and City Council. Since the property is city-owned, the city’s decision is exempt from call-up by the Board of County Commissioners of Boulder County. Applications for land use designation changes that are made outside of a mid-term or five-year BVCP update must be found to be consistent with BVCP policies and satisfy several other factors listed in Appendix B of the BVCP. The proposed Park, Urban and Other (PK-U/O) designation is for public lands for recreational or flood control purposes. Refer to description in the BVCP:

The criteria for a Land Use Map change are attached as Appendix B to the BVCP. To be eligible for a Land Use Map change, the city must find that that the proposed change: 

a)

on balance, is consistent with the policies and overall intent of the comprehensive plan; The applicant requests a land use designation change on the portion of the site west of 55th Street from Low Density Residential to Park, Urban and Other (PK-U/O). The land use map change is proposed to reflect the city’s acquisition and designation of this portion of the property for future flood mitigation and parks and recreation purposes. Staff finds that the proposed Land Use Map change is, on balance, consistent with the

overall intent of the comprehensive plan and with the comprehensive plan policies, including:

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b)

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1.25 Multi-Purpose Use of Public Lands: The property was acquired by the city and designated for flood mitigation and parks and recreation purposes. The proposal to amend the BVCP land use designation to “Park, Urban and Other (PK-U/O)” where the PK-U/O land use includes “public lands used for a variety of active and passive recreational purpose or flood control purposes” supports of the multi-purpose use of public lands and fulfills the original intent of the acquisition.

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2.15 Compatibility of Adjacent Land Uses: The proposal to amend the BVCP land use designation to “Park, Urban and Other (PK-U/O)” limits and minimizes potential future land use on the site consistent with the purchase and designation of the property as partially for parks and recreation purposes and partially for future flood mitigation. The PK-U/O land use designation is consistent with the land use designation to the northeast (East Boulder Community Park). The proposed land uses for parks and recreation and flood mitigation are similar to or less intense than those on adjacent properties.

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2.22 Urban Open Lands: The proposal to amend the BVCP land use designation to “Park, Urban and Other (PK-U/O)” supports the use of the property as part of the city’s urban open lands system, which is an important part of Boulder’s public realm and can provide functions such as flood management, recreation, environmental protection, and enhancement of community character and aesthetics.

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3.22 Floodplain Management: The proposal to amend the BVCP land use designation to “Park, Urban and Other (PK-U/O)” limits and minimizes potential future land use on the site consistent with the purchase and designation of the property as partially for future flood mitigation, consistent with the city’s policy to manage the potential for flooding.

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8.14 City Parks & Recreation: The proposal to amend the BVCP land use designation to “Park, Urban and Other (PK-U/O)” supports the intended uses for the property as partially for parks and recreation purposes, consistent with the city’s policy supporting parks and recreation facilities to meet the needs of the community.

would not have significant cross-jurisdictional impacts that may affect residents, properties or facilities outside the city;

The proposed land use designation change from Low Density Residential to Park, Urban and Other (PK-U/O) is consistent with the city’s acquisition and designation of this portion of the property for future flood mitigation and parks and recreation purposes. The change will not have significant cross-jurisdictional impacts that would affect residents, properties or facilities outside the city. 

c)

would not materially affect the land use and growth projections that were the basis of the comprehensive plan; The Boulder Valley Comprehensive Plan (adopted 2021), page 9, states: “As of January 2015, the City of Boulder (Area I) had approximately 44,725 housing units, 104,800 residents and 98,500 jobs. The remainder of the Service Area (Area II) had approximately 5,700 housing units, 12,000 residents and 3,000 jobs. About 30,000 students attend the University of Colorado. “Over the next 25 years, Area I is projected to add about 6,500 housing units, 19,000 residents and 19,000 jobs. CU student enrollment could increase by a range of 5,000 to 15,000 additional students by 2030. Most of the growth that will occur in Area II will be preceded by annexation to the city; therefore, it is included in the projection numbers for Area I. Since there is little vacant land left in the city’s Service Area, most of this growth will occur through redevelopment.” The proposal involves a land use map change on a portion of property that was previously proposed to provide approximately 117 dwelling units, but where development of housing was ultimately not approved. The city purchased the property and designated this portion of the property for future flood mitigation and parks and recreation purposes. The change from Low Density Residential to Park, Urban and Other (PKU/O) is intended to reflect the uses designated on the property, which do not include residential uses. The proposal to bring the land use map designation into consistency with the actual potential uses on the property will not materially affect the land use and growth projections.

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d)

does not materially affect the adequacy or availability of urban facilities and services to the immediate area or to the overall service area of the City of Boulder; The proposal does not materially affect adequacy or availability of urban facilities and services. The proposed land use map change would allow the property to be annexed and zoned for public uses. Future use of the property for flood mitigation and parks and recreation purposes would improve urban facilities and services. Future proposals on the site will be reviewed through additional land use review and permitting processes and will be required to construct any necessary improvements consistent

with the Boulder Revised Code, and Design and Construction Standards. 

e)

would not materially affect the adopted Capital Improvements Program of the City of Boulder; and The proposal will not materially affect the adopted Capital Improvement Program. The property is already designated for flood mitigation and parks and recreation purposes and the land use map change is simply intended to reflect this designation.

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f)

would not affect the Area II/Area III boundaries in the comprehensive plan. The proposal is located in Area II, the area where annexation may be considered. The proposal would not alter the Area II/Area III boundaries.

Based on the analysis above, city staff have determined that the BVCP land use map change is appropriate. Additionally, the proposal was referred to Boulder County staff and referral comments were provided in support of the proposal. 3. Is the proposed initial zoning of Public (P) and Residential – Low 2 (RL-2) consistent with the initial zoning standards in the Boulder Revised Code? Initial zoning is established pursuant to Section 9-2-18, “Zoning of Annexed Land,” B.R.C. 1981. If a property is annexed, zoning will be established consistent with the goals and Land Use Map of the BVCP. As described above, the application proposes a land use designation change for the western portion of the property to Park, Urban and Other (PK-U/O), and the eastern portion of the property is proposed to remain designated Open Space, Acquired (OS-A). These areas are public lands used for open space, recreation, or flood control purposes. As described above, staff finds that the proposed Land Use Map change meets the criteria for such change. The proposed zoning assumes approval of the Land Use Map change.

Refer to Figure 10 for a map of existing and proposed zoning; the proposed initial zoning districts are further described below. Existing

Proposed

Figure 10 - Existing and Proposed Zoning

Public Zoning District: The proposed Public zoning encompasses the city-owned properties east and west of 55th Street and the portion of 55th Street between the city-owned properties. The proposed Public zoning district is described as: “Public areas in which public and semi-public facilities and uses are located, including without limitation, governmental and educational uses.” (Section 9-5-2(c)(6)(A), B.R.C. 1981). Per Chapter 6, “Use Standards,” of the Boulder Revised Code, the Public zone district allows a limited number of uses by-right, primarily those in the Community, Cultural, and Educational use category, such as open space, park, and recreation uses. Various uses may also be permitted by use review. The property is directly adjacent to other areas zoned Public, including the East Boulder Community Park and Community Center. Staff finds that the Public zoning district is appropriate for the site, allows for uses consistent with the underlying BVCP land use designations, and allows for consistency with the zoning of adjacent city-owned properties including the East Boulder Community Park and Community Center. Public zoning is consistent with the underlying BVCP land use designations of Park, Urban and Other (PK-U/O) and Open Space, Acquired (OS-A) and with the goals, policies, and objectives of the BVCP. Residential – Low 2 (RL-2) Zoning District: The proposed RL-2 zoning district encompasses a 0.44-acre portion of 55th Street right-of-way south of the city-owned properties, adjacent to RL-2 zoned property within city limits on the east side of the right-of-way, as shown in Figure 10.

The RL-2 zoning district is described as: “Medium density residential areas primarily used for small-lot residential development, including without limitation, duplexes, triplexes, or townhouses, where each unit generally has direct access at ground level.” (Section 9-5-2(c)(1)(B), B.R.C. 1981). This portion of 55th Street right-of-way is being annexed to “close the gap” between the area of 55th Street right-of-way to the north and south to allow for clarity of maintenance and permitting responsibilities in this area. The property and right-ofway to the east and south of this portion of 55th Street right-of-way are zoned RL-2 and are designated LR, Low Density Residential in the BVCP. Staff finds that the RL-2 zoning district is appropriate for this portion of the right-of-way and allows for consistency with adjacent properties and city standards for the designation of zoning to rights-of-ways. Refer to Attachment I for staff’s complete summary of proposal’s consistency with the zoning criteria.

Findings Staff Findings: 1. Staff finds the proposed annexation to be consistent with state statutes. 2. Staff finds the proposed annexation to be consistent with the BVCP. 3. Staff finds the initial zoning of Public (P) and Residential – Low 2 (RL-2) is consistent with the Boulder Valley Comprehensive Plan goals and land use designations of Park, Urban and Other (PK-U/O) and Open Space, Acquired (OS-A) and Low Density Residential (LR) and appropriate for the subject property and right-of-way.

Fiscal Note Review of this project is part of the P&DS team’s standard workplan and its impacts are incorporated into the annual revenue forecasting as part of the Budget office’s annual budget development. Therefore, review of the project will not have a meaningful fiscal impact past what has already been included in the approved budget.

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Attachments Attachment A

Annexation Map

Attachment B

Proposed Resolution 1369

Attachment C

Proposed Ordinance 8734

Attachment D

Annexation Petition

Attachment E

Wetlands Map and Functional Evaluations

Attachment F

Ecological Report

Attachment G

November 18, 2025 Draft Planning Board Minutes

Attachment H

Public Comments

Attachment I

Staff Analysis of BVCP Policies, Boulder Revised Code, and State Statutes