Attachment I - Analysis of BVCP Policies_BRC_and_State Statutes

Attachment I Staff Analysis of BVCP Policies, Boulder Revised Code, and State Statutes BOULDER VALLEY COMPREHENSIVE PLAN POLICIES Policy 1.08 Adapting to Limits on Physical Expansion As the community expands to its planned physical boundaries, the city and county will increasingly emphasize preservation and enhancement of the physical, social and economic assets of the community. Cooperative efforts and resources will be focused on maintaining and improving the quality of life within defined physical boundaries, with only limited expansion of the city. The proposal is a limited expansion of the city limits within Area II, the area which may be considered for annexation, and is largely surrounded by other properties within the city. The proposal will allow for the preservation and enhancement of physical and social assets by fulfilling the intended use of the city-owned property for partially for parks and recreation purposes, partially for future flood mitigation and partially for open space use. As identified in the city’s Court System Plan, a portion of the property is intended to address the need for additional tennis and pickleball courts in the city, improving the quality of life within city boundaries. Policy 1.10 Growth Requirements The overall effect of urban growth must add significant value to the community, improving quality of life. The city will require development and redevelopment to provide significant community benefits, achieve sustainability goals for urban form and maintain or improve environmental quality as a precondition for further housing and community growth. The proposal will not result in additional urban growth, as the site has been designated partially for parks and recreation purposes, partially for future flood mitigation and partially for open space use by Ordinance 8349. All development on the property will be limited to these purposes, which are all consistent with improving quality of life and thereby provide a significant community benefit. The proposal maintains and improves environmental quality through preservation of land for floodplain mitigation and open space uses and provides value to the community through parks and recreation uses. The Court System Plan anticipates use of the property to address the need for additional dedicated tennis and pickleball courts and a higher level of service as identified by the Boulder Tennis and Pickleball Court System Plan. Policy 1.13 Definition of Comprehensive Planning Areas I, II & III The Boulder Valley Planning Area is divided into three major areas: ... Area II 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.

The proposed annexation and land use map change is within Area II and can be considered for annexation consistent with these policies. Policy 1.17 Annexation The policies in regard to annexation to be pursued by the city are: ✓ a.

Annexation will be required before adequate facilities and services are furnished. City services will be available to the property following annexation. Payment of appropriate fees and installation of infrastructure is the responsibility of the applicant.

n/a b. The city will actively pursue annexation of county enclaves, substantially developed properties along the western boundary below the Blue Line and other substantially developed Area II properties. County enclave means an unincorporated area of land entirely contained within the outer boundary of the city. Terms of annexation will be based on the amount of development potential as described in (c), (d) and (e) of this policy. Applications made to the county for development of enclaves and Area II lands in lieu of annexation will be referred to the city for review and comment. The county will attach great weight to the city’s response and may require that the landowner conform to one or more of the city’s development standards so that any future annexation into the city will be consistent and compatible with the city’s requirements. Not applicable; the property is not a county enclave, along the western boundary or a substantially developed Area II property. n/a c.

In 2016, the city adopted Ordinance 8311 which changed the location of the Blue Line. This change to the Blue Line was intended to clarify the location of the Blue Line and permit water service to existing development in the area, while reinforcing the protection of the foothill’s open space and mountain backdrop. Both entire properties which and properties where the developed portions (1) are located in Area II and (2) were moved east of the Blue Line in 2016 shall be considered substantially developed and no additional dwelling units may be added. No water services shall be provided to development west of the Blue Line. Not applicable; the property was not moved east of the Blue Line in 2016.

n/a d. Annexation of existing substantially developed areas will be offered in a manner and on terms and conditions that respect existing lifestyles and densities. The city will expect these areas to be brought to city standards only where necessary to protect the health and safety of the residents of the subject area or of the city. The city, in developing annexation plans of reasonable cost, may phase new facilities and services. The county, which now has jurisdiction over these areas, will be a supportive partner with the city in annexation efforts to the extent the county supports the terms and conditions being proposed. Not applicable; the site is not a substantially developed area. Refer to criterion “e” below.

✓ e.

In order to reduce the negative impacts of new development in the Boulder Valley, the city will annex Area II land with significant development or redevelopment potential only if the annexation provides a special opportunity or benefit to the city. For annexation consideration, emphasis will be given to the benefits achieved from the creation of permanently affordable housing. Provision of the following may also be considered a special opportunity or benefit: receiving sites for transferable development rights (TDRs), reduction of future employment projections, land and/or facilities for public purposes over and above that required by the city’s land use regulations, environmental preservation or other amenities determined by the city to be a special opportunity or benefit. Parcels that are proposed for annexation that are already developed and which are seeking no greater density or building size would not be required to assume and provide that same level of community benefit as vacant parcels unless and until such time as an application for greater development is submitted. While the property is largely undeveloped, development of the property is very limited due to the use limitations established in Ordinance 8349. The site presents special opportunity and benefit to the city as it provides land for public purposes including flood mitigation, parks and recreation, and open space. Annexation of the property is necessary to allow for the extension of utilities, will allow the city to plan any recreation use as part of and in coordination with the East Boulder Community Center land use approvals, and will allow for the city to be the approving authority for use of the property consistent with its flood mitigation, parks and recreation, and open space purposes.

n/a f.

Annexation of substantially developed properties that allow for some additional residential units or commercial square footage will be required to demonstrate community benefit commensurate with their impacts. Further, annexations that resolve an issue of public health without creating additional development impacts should be encouraged. Not applicable; the site is not a substantially developed property. Refer to criterion “e” above.

✓ g. There will be no annexation of areas outside the boundaries of the Boulder Valley Planning Area, with the possible exception of annexation of acquired open space. The subject property is within Area II of the Boulder Valley Planning Area. n/a h. Publicly owned property located in Area III, and intended to remain in Area III, may be annexed to the city if the property requires less than a full range of urban services or requires inclusion under city jurisdiction for health, welfare and safety reasons. Not applicable; the property is not within Area III. n/a i. The Gunbarrel Subcommunity is unique because the majority of residents live in the unincorporated area and because of the shared jurisdiction for planning and service provision among the county, city, Gunbarrel Public Improvement District and other

special districts. Although interest in voluntary annexation has been limited, the city and county continue to support the eventual annexation of Gunbarrel. If resident interest in annexation does occur in the future, the city and county will negotiate new terms of annexation with the residents. Not applicable, property not located within Gunbarrel Subcommunity. Policy 2.03 Compact Development Pattern The city and county will, by implementing the comprehensive plan (as guided by the Land Use Designation Map and Planning Areas I, II, III Map), ensure that development will take place in an orderly fashion, take advantage of existing urban services, and avoid, insofar as possible, patterns of leapfrog, noncontiguous, scattered development within the Boulder Valley. The city prefers redevelopment and infill as compared to development in an expanded Service Area to prevent urban sprawl and create a compact community. The proposal is largely surrounded by land within city limits. Annexation of the property allows for urban services to be provided in an orderly fashion and for the property to be used as intended for partially for parks and recreation purposes, partially for future flood mitigation and partially for open space use. A portion of 55th Street right-of-way south of the property is also being annexed to “close the gap” between the area of 55th Street right-of-way to the north and south to clarify maintenance and permitting responsibilities in this area of right-of-way and allow for city services to be provided in an orderly fashion.

BOULDER REVISED CODE ANNEXATION REQUIREMENTS SECTION 9-2-17 ✓ (a)

Compliance with State Statutes and Boulder Valley Comprehensive Plan: All annexations to the city shall meet the requirements of 31-12-101 et seq., C.R.S., and shall be consistent with the Boulder Valley Comprehensive Plan and other ordinances of the city. See checklists above and below.

✓

(b) Conditions: No annexation of land to the city shall create an unreasonable burden on the physical, social, economic, or environmental resources of the city. The city may condition the annexation of land upon such terms and conditions as are reasonably necessary to ensure that this requirement is met. Such terms and conditions may include, without limitation, installation of public facilities or improvements, dedication of land for public improvements, payment of fees incidental to annexation, or covenants governing

future land uses. In annexations of hillside areas, the city council may impose conditions designed to mitigate the effects of development on lands containing slopes of fifteen percent or greater. In annexations of more than ten acres, the applicant shall provide the information necessary to enable the city to prepare an annexation impact report when required by section 31-12-108.5, C.R.S. The proposed annexation will not create an unreasonable burden on the resources of the city. Annexation is necessary to fulfill the purpose of the property outlined in Ord. 8349 which designated the property as partially for parks and recreation purposes, partially for future flood mitigation and partially for open space use. Annexation of the property will allow the property to be brought into the city’s jurisdiction for review of any future development on the property consistent with city processes and standards. The property is not located on lands containing slopes of fifteen percent or greater. The applicant has prepared the annexation report required by section 31-12-108.5, C.R.S. n/a

(c) Annexation Agreement: Owners of land petitioning the city for annexation of their property shall enter into an annexation agreement with the city stating any terms and conditions imposed on said property, prior to the first reading of the annexation ordinance. Upon annexation, such agreements shall be recorded to provide notice to future purchasers of said property. Where the annexation agreement provides that the city may install public improvements and that the owners of the annexed property will pay for such improvements, the costs of such improvements constitute an assessment against the annexed property as they accrue. If, after notice, any such assessment is not paid when due, the city manager shall certify the amount of the principal, interest, and penalties due and unpaid, together with ten percent of the delinquent amount for costs of collection to the county treasurer to be assessed and collected in the same manner as general taxes are assessed and collected as provided by section 2-2-12, "City Manager May Certify Taxes, Charges, and Assessments to County Treasurer for Collection," B.R.C. 1981. The property is city-owned and is limited in its use by the designations created by Ord. 8349. No additional specific terms or conditions of an annexation agreement are necessary for annexation of the property due to the limitations and community benefits of Ordinance 8349, as such staff recommends waiver of this requirement.

ZONING OF ANNEXED LAND SECTION 9-2-18 ✓

(a) Generally: Zoning of annexed land or land in the process of annexation shall be considered an initial zoning and shall be consistent with the goals and land use designations of the Boulder Valley Comprehensive Plan. 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 in the staff memo, the proposal includes a BVCP Land Use Map change for the western portion of the property to Park, Urban and Other (PK-U/O). The eastern portion of the property is proposed to remain designated Open Space, Acquired (OS-A). These land use designations are described as public lands used for open space, recreation, or flood control purposes. The proposed zoning assumes approval of the Land Use Map change. 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 cityowned 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). Staff finds that the Public zoning district is appropriate for the site, allows for uses consistent with the underlying BVCP land use designation, 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. The proposed Public zoning district is consistent with the goals of the comprehensive plan, including: • •

•

2.15 Compatibility of Adjacent Land Uses: The proposed Public zoning allows for land uses consistent with or compatible with neighboring properties, including the Public-zoned East Boulder Community Park adjacent to the site. 1.08 Adapting to Limits on Physical Expansion: The proposed Public zoning allows for uses consistent with the designated use of the land for flood mitigation, parks, and open space purposes, which will provide for preservation and enhancement of physical and social assets and improve quality of life within defined physical boundaries. 2.22 Urban Open Lands: The proposed Public zoning allows for uses consistent with the intended use of the property as part of the city’s urban open lands system, which can provide functions such as flood management, recreation, environmental protection, and enhancement of community character and aesthetics. The proposed zoning is consistent with the BVCP goal to have open lands that provide opportunities for active and passive recreation and flood management within the fabric of the city.

Residential – Low 2 (RL-2) Zoning District: The proposed RL-2 zoning district encompasses the right-of-way of 55th Street south of the city-owned properties, adjacent to RL-2 zoned property within city limits on the east side of the right-of-way. 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-of-way 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. The proposed RL-2 zoning district is consistent with the goals of the comprehensive plan, including: •

•

✓

2.15 Compatibility of Adjacent Land Uses: The proposed RL-2 zoning will allow for zoning consistent with neighboring properties along this small area of 55th Street right-of-way. All land within city limits, including rights-of-way, must be part of a zoning district. 2.03 Compact Development Pattern: The proposed RL-2 zoning will ensure that zoning is applied consistently along 55th Street and supports an orderly, contiguous development pattern. The right-of-way is being annexed to ensure clarity of maintenance and permitting responsibilities along 55th Street and avoid gaps with city boundaries. All land within city limits, including rights-of-way, must be part of a zoning district.

(b) Public Notification: When zoning of land is proposed in the process of annexation, the city manager will provide notice pursuant to section 9-4-3, "Public Notice Requirements," B.R.C. 1981. Public notice has been provided consistent with 9-4-3, “Public Notice Requirements,” B.R.C. 1981. A public notice has been sent to property owners within 600 feet and notice posted on the property.

✓

(c) Sequence of Events: An ordinance proposing zoning of land to be annexed shall not be finally adopted by the city council before the date of final adoption of the annexation ordinance, but the annexation ordinance may include the zoning ordinance for the annexed property. The city will follow the required sequence of events for adopting an ordinance proposing zoning of land.

✓

(d) Placement on Zoning Map: Any land annexed shall be zoned and placed upon the zoning map within ninety days after the effective date of the annexation ordinance, notwithstanding any judicial appeal of the annexation. The city shall not issue any building or occupancy permit until the annexed property becomes a part of the zoning map. The city will follow the requirements for placing the zoning upon the zoning map.

n/a

(e) Nonconformance: A lot annexed and zoned that does not meet the minimum lot area or open space per dwelling unit requirements of section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, may be used notwithstanding such requirements in accordance with this code or any ordinance of the city, if such lot was a buildable lot under Boulder County jurisdiction prior to annexation. N/A; the property does not contain any dwelling units.

n/a (f) Slopes: Notwithstanding the provisions of Subsection (a) of this section, any land proposed for annexation that contains slopes at or exceeding fifteen percent shall not be zoned into a classification which would allow development inconsistent with policies of the Boulder Valley Comprehensive Plan. Not applicable; the slope of the site does not exceed fifteen percent slope.

COLORADO REVISED STATUTES COLORADO STATE STATUTES TITLE 31, ARTICLE 12 Staff has reviewed the annexation petition for compliance with Sections 31-12-104, 31-12-105, and 31-12-107, C.R.S. and with section 30 of article II of the state constitution and finds that the application is consistent with the statutory and constitutional requirements, as affirmed by the findings below. ELIGIBILITY FOR ANNEXATION § 31-12-104 (1)

No unincorporated area may be annexed to a municipality unless one of the conditions set forth in section 30 (1) of article II of the state constitution first has been met. An area is eligible for annexation if the provisions of section 30 of article II of the state constitution have been complied with and the governing body, at a hearing as provided in section 3112-109, finds and determines: The conditions of the state constitution have been met. The applicant has filed a petition for annexation that is signed by persons comprising more than fifty percent of landowners in the area and owning more than fifty percent of the area.

✓ (a) That not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the annexing municipality. Contiguity shall not be affected by the existence of a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, public lands, whether owned by the state, the United States, or an agency thereof, except county-owned open space, or a lake, reservoir, stream, or other natural or artificial waterway between the annexing municipality and the land proposed to be annexed. Subject to the requirements imposed by section 31-12-105 (1) (e), contiguity may be established by the annexation of one or more parcels in a

series, which annexations may be completed simultaneously and considered together for the purposes of the public hearing required by sections 31-12-108 and 31-12-109 and the annexation impact report required by section 31-12-108.5. The property has more than 1/6th contiguity to the city limits. The perimeter of the area being annexed is 5,540.60 feet. A minimum of 923.43 feet must be contiguous to city limits to meet the 1/6 requirement. 4,252.63 feet are contiguous. ✓ (b) That a community of interest exists between the area proposed to be annexed and the annexing municipality; that said area is urban or will be urbanized in the near future; and that said area is integrated with or is capable of being integrated with the annexing municipality. The fact that the area proposed to be annexed has the contiguity with the annexing municipality required by paragraph (a) of this subsection (1) shall be a basis for a finding of compliance with these requirements unless the governing body, upon the basis of competent evidence presented at the hearing provided for in section 31-12-109, finds that at least two of the following are shown to exist: The contiguity required by paragraph (a) satisfies the finding that a community of interest exists. n/a (I) Less than fifty percent of the adult residents of the area proposed to be annexed make use of part or all of the following types of facilities of the annexing municipality: Recreational, civic, social, religious, industrial, or commercial; and less than twenty-five percent of said area's adult residents are employed in the annexing municipality. If there are no adult residents at the time of the hearing, this standard shall not apply. n/a (II) One-half or more of the land in the area proposed to be annexed (including streets) is agricultural, and the landowners of such agricultural land, under oath, express an intention to devote the land to such agricultural use for a period of not less than five years. n/a (III) It is not physically practicable to extend to the area proposed to be annexed those urban services which the annexing municipality provides in common to all of its citizens on the same terms and conditions as such services are made available to such citizens. This standard shall not apply to the extent that any portion of an area proposed to be annexed is provided or will within the reasonably near future be provided with any service by or through a quasimunicipal corporation. ✓ (2) (a) The contiguity required by paragraph (a) of subsection (1) of this section may not be established by use of any boundary of an area which was previously annexed to the annexing municipality if the area, at the time of its annexation, was not contiguous at any point with the boundary of the annexing municipality, was not otherwise in compliance with paragraph (a) of subsection (1) of this section, and was located more than three miles from the nearest boundary of the annexing municipality, nor may such contiguity

be established by use of any boundary of territory which is subsequently annexed directly to, or which is indirectly connected through subsequent annexations to, such an area. Not applicable; the area previously annexed that establishes contiguity does not meet the description above. ✓ (b) Because the creation or expansion of disconnected municipal satellites, which are sought to be prohibited by this subsection (2), violates both the purposes of this article as expressed in section 31-12-102 and the limitations of this article, any annexation which uses any boundary in violation of this subsection (2) may be declared by a court of competent jurisdiction to be void ab initio in addition to other remedies which may be provided. The provisions of section 31-12-116 (2) and (4) and section 31-12-117 shall not apply to such an annexation. Judicial review of such an annexation may be sought by any municipality having a plan in place pursuant to section 31-12-105 (1) (e) directly affected by such annexation, in addition to those described in section 31-12-116 (1). Such review may be, but need not be, instituted prior to the effective date of the annexing ordinance and may include injunctive relief. Such review shall be brought no later than sixty days after the effective date of the annexing ordinance or shall forever be barred. Proposal does not create or expand any disconnected municipal satellite. ✓ (c) Contiguity is hereby declared to be a fundamental element in any annexation, and this subsection (2) shall not in any way be construed as having the effect of legitimizing in any way any noncontiguous annexation. Proposal meets all contiguity requirements. LIMITATIONS § 31-12-105 (1) Notwithstanding any provisions of this part 1 to the contrary, the following limitations shall apply to all annexations: ✓ (a) In establishing the boundaries of any territory to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, shall be divided into separate parts or parcels without the written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way. The entire property is proposed to be annexed. ✓ (b) In establishing the boundaries of any area proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more (which, together with the buildings and improvements situated thereon has a valuation for

assessment in excess of two hundred thousand dollars for ad valorem tax purposes for the year next preceding the annexation) shall be included under this part 1 without the written consent of the landowners unless such tract of land is situated entirely within the outer boundaries of the annexing municipality as they exist at the time of annexation. In the application of this paragraph (b), contiguity shall not be affected by a dedicated street, road, or other public way. The written consent of the landowner has been obtained for this annexation. ✓ (c) No annexation pursuant to section 31-12-106 and no annexation petition or petition for an annexation election pursuant to section 31-12-107 shall be valid when annexation proceedings have been commenced for the annexation of part or all of such territory to another municipality, except in accordance with the provisions of section 31-12-114. For the purpose of this section, proceedings are commenced when the petition is filed with the clerk of the annexing municipality or when the resolution of intent is adopted by the governing body of the annexing municipality if action on the acceptance of such petition or on the resolution of intent by the setting of the hearing in accordance with section 3112-108 is taken within ninety days after the said filings if an annexation procedure initiated by petition for annexation is then completed within the one hundred fifty days next following the effective date of the resolution accepting the petition and setting the hearing date and if an annexation procedure initiated by resolution of intent or by petition for an annexation election is prosecuted without unreasonable delay after the effective date of the resolution setting the hearing date. No annexation proceedings have been commenced for the annexation of the property to another municipality. ✓ (d) As to any annexation which will result in the detachment of area from any school district and the attachment of the same to another school district, no annexation pursuant to section 31-12- 106 or annexation petition or petition for an annexation election pursuant to section 31-12-107 is valid unless accompanied by a resolution of the board of directors of the school district to which such area will be attached approving such annexation. The annexation will not result in a change to the school district. ✓ (e) (I) Except as otherwise provided in this paragraph (e), no annexation may take place that would have the effect of extending a municipal boundary more than three miles in any direction from any point of such municipal boundary in any one year. Within said threemile area, the contiguity required by section 31-12-104 (1) (a) may be achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Prior to completion of any annexation within the three-mile area, the municipality shall have in place a plan for that area that generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and

power to be provided by the municipality and the proposed land uses for the area. Such plan shall be updated at least once annually. Such three-mile limit may be exceeded if such limit would have the effect of dividing a parcel of property held in identical ownership if at least fifty percent of the property is within the three-mile limit. In such event, the entire property held in identical ownership may be annexed in any one year without regard to such mileage limitation. Such three-mile limit may also be exceeded for the annexation of an enterprise zone. The annexation will not extend the municipal boundary by more than three miles. The Boulder Valley Comprehensive Plan and city departmental plans establish a plan for the area to be annexed. n/a (II) Prior to completion of an annexation in which the contiguity required by section 31-12104 (1) (a) is achieved pursuant to subparagraph (I) of this paragraph (e), the municipality shall annex any of the following parcels that abut a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway, where the parcel satisfies all of the eligibility requirements pursuant to section 31-12-104 and for which an annexation petition has been received by the municipality no later than forty-five days prior to the date of the hearing set pursuant to section 31-12-108 (1): Not applicable; the proposal does not achieve contiguity pursuant to subparagraph (I) of paragraph (e). n/a (A) Any parcel of property that has an individual schedule number for county tax filing purposes upon the petition of the owner of such parcel; n/a (B) Any subdivision that consists of only one subdivision filing upon the petition of the requisite number of property owners within the subdivision as determined pursuant to section 31-12- 107; and n/a (C) Any subdivision filing within a subdivision that consists of more than one subdivision filing upon the petition of the requisite number of property owners within the subdivision filing as determined pursuant to section 31-12-107. n/a (e.1) The parcels described in subparagraph (II) of paragraph (e) of this subsection (1) shall be annexed under the same or substantially similar terms and conditions and considered at the same hearing and in the same impact report as the initial annexation in which the contiguity required by section 31-12-104 (1) (a) is achieved by annexing a platted street or alley, a public or private right-ofway, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Impacts of the annexation upon the parcels described in subparagraph (II) of paragraph (e) of this subsection (1) that abut such platted street or alley, public or private right-of-way, public or private transportation right-of-way or area, or lake, reservoir, stream, or other natural or artificial waterway shall be considered in the impact report required

by section 31-12- 108.5. As part of the same hearing, the municipality shall consider and decide upon any petition for annexation of any parcel of property having an individual schedule number for county tax filing purposes, which petition was received not later than forty-five days prior to the hearing date, where the parcel abuts any parcel described in subparagraph (II) of paragraph (e) of this subsection (1) and where the parcel otherwise satisfies all of the eligibility requirements of section 31-12-104. n/a (e.3) In connection with any annexation in which the contiguity required by section 31-12- 104 (1) (a) is achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway, upon the latter of ninety days prior to the date of the hearing set pursuant to section 31-12- 108 or upon the filing of the annexation petition, the municipality shall provide, by regular mail to the owner of any abutting parcel as reflected in the records of the county assessor, written notice of the annexation and of the landowner's right to petition for annexation pursuant to section 31-12-107. Inadvertent failure to provide such notice shall neither create a cause of action in favor of any landowner nor invalidate any annexation proceeding. ✓ (f) In establishing the boundaries of any area proposed to be annexed, if a portion of a platted street or alley is annexed, the entire width of said street or alley shall be included within the area annexed. 55th Street is not a platted street but is proposed to be annexed. The entire width of the street is included in the annexation. ✓ (g) Notwithstanding the provisions of paragraph (f) of this subsection (1), a municipality shall not deny reasonable access to landowners, owner of an easement, or the owner of a franchise adjoining a platted street or alley which has been annexed by the municipality but is not bounded on both sides by the municipality. The proposal does not involve denying reasonable access to any street or alley. ✓ (h) The execution by any municipality of a power of attorney for real estate located within an unincorporated area shall not be construed to comply with the election provisions of this article for purposes of annexing such unincorporated area. Such annexation shall be valid only upon compliance with the procedures set forth in this article. The proposal does not involve power of attorney. PETITIONS FOR ANNEXATION AND FOR ANNEXATION ELECTIONS § 31-12-107

(1) Petition for annexation in accordance with section 30 (1) (b) of article II of the state constitution: ✓ (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 annexing municipality, meeting the requirements of sections 31-12-104 and 31-12-105 may petition the governing body of any municipality for the annexation of such territory. Landowners of more than 50 percent of the area who comprise more than 50 percent of the landowners in the area, excluding public streets and alleys, have petitioned to annex. (b) The petition shall be filed with the clerk. The annexation petition has been filed with the City Clerk of the City of Boulder. (c) The petition shall contain the following: The petition meets the following requirements. (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) Accompanying the petition shall be four copies of an annexation map containing the following information: An annexation map has been received that contains this 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) No signature on the petition is valid if it is dated more than one hundred eighty days prior to the date of filing the petition for annexation with the clerk. All petitions which substantially comply with the requirements set forth in paragraphs (b) to (d) of this subsection (1) shall be deemed sufficient. No person signing a petition for annexation shall be permitted to withdraw his signature from the petition after the petition has been filed with the clerk, except as such right of withdrawal is otherwise set forth in the petition. The petition meets this limitation. (f) The clerk shall refer the petition to the governing body as a communication. The governing body, without undue delay, shall then take appropriate steps to determine if the petition so filed is substantially in compliance with this subsection (1). The city manager has determined that the petition is in compliance with this section and the clerk and city council are taking these required steps. (g) If the petition is found to be in substantial compliance with this subsection (1), the procedure outlined in sections 31-12-108 to 31-12-110 shall then be followed. If it is not in substantial compliance, no further action shall be taken. This procedure is being followed by the City of Boulder.