Agenda Memo

City of Boulder City Council Agenda Item Meeting Date: November 6, 2025 Agenda Title Second reading and consideration of a motion to adopt Ordinance 8716 expanding the Lower Boulder Creek Habitat Conservation Area to add the Weiser and a portion of the Boulder Valley Farm properties totaling approximately 528 acres, pursuant to Section 88-2, “Habitat Conservation Area Designation,” B.R.C. 1981; and setting forth related details. AND Second reading and consideration of a motion to adopt Ordinance 8717 expanding the Southern Grasslands Habitat Conservation Area to add the Depoorter II property totaling approximately 2 acres, pursuant to Section 8-8-2, “Habitat Conservation Area Designation,” B.R.C. 1981; and setting forth related details. AND Second reading and consideration of a motion to adopt Ordinance 8718 expanding the Western Mountain Parks Habitat Conservation Area to add the southern portions of the 90 Arapahoe and 96 Arapahoe properties totaling approximately three acres, pursuant to Section 8-8-2, “Habitat Conservation Area Designation,” B.R.C. 1981; and setting forth related details.

Staff Contact Presenters • Dan Burke, Director, Open Space and Mountain Parks (OSMP)

•

Joshua Schnabel, Principal Planner, OSMP Planning & Design

Executive Summary The purpose of this item is to request approval of the addition of five open space properties, or portions thereof, to one of three Habitat Conservation Areas (HCA) in the Open Space and Mountain Parks (OSMP) system. Language for the Proposed Ordinances and accompanying Map Exhibits are provided in Attachments A, B and C. The property additions are described as follows: • • •

The 243-acre Weiser property and a 285-acre portion of the Boulder Valley Farm property to the Lower Boulder Creek HCA, The approximately 2-acre Depoorter II property to the Southern Grasslands HCA, and The approximately 2-acre 90 Arapahoe and approximately 1-acre 96 Arapahoe properties to the Western Mountain Parks HCA.

These five open space properties proposed to be designated as HCAs are shown in Attachment D. These properties were assessed by staff as well as the Open Space Board of Trustees and are consistent with the OSMP Visitor Master Plan (VMP) criteria for inclusion in an HCA Management Area Designation (MAD). These properties, alongside other adjacent HCA lands, represent OSMP’s best opportunity areas for conserving habitat. They include areas with high biodiversity such as wetlands and riparian areas, are parts of large blocks of habitat in good condition, and some are occupied by species of concern such as threatened and/or endangered species or include plant communities that are rare or unique. Management Area Designations (MADs) are necessary for property integration, protection and guidance on management. The primary goal of MADs is to encourage visitor use in areas that can best accommodate the use to provide for high-quality visitor experiences in ways that protect the ecological, cultural and agricultural values of OSMP lands. Assigning an HCA designation to these properties will provide guidance to staff for how these properties should be managed and allow for enforcement of HCA regulations. Currently, approximately 39% of city-owned properties managed by OSMP are designated as HCAs. The addition of all five properties would result in an increase of one percent (1%) in total HCA acreage system wide. The sizes of the Southern Grasslands and Western Mountain Parks will not increase significantly. The addition of the two properties at 90 and 96 Arapahoe would increase the size of the Western Mountain Parks HCA by three (3) acres (Ordinance 8718). The addition of the Depoorter II property would increase the total

acreage in the Southern Grasslands HCA by two (2) acres (Ordinance 8717). The addition of the Boulder Valley Farm and Wieser properties would increase the total acreage in the Lower Boulder Creek HCA by 528 acres, or 33% (Ordinance 8716). Council Action Options

Option

Outcome

Approve motion language as drafted

If the motions are approved, the subject properties would be designated as HCAs, staff would manage them accordingly, and they would receive the protections granted under HCA designation. Council would need to define any modifications or amendments to the draft motion language. It is likely if the motions are modified, the subject properties would receive a different management area designation and would not receive the protection granted under the HCA management designation. If the motions are not approved, the subject properties would remain unassigned and would not receive the projections granted under that management designation. If council refers this item back to OSMP staff on the basis that more information is needed, staff will revisit the analysis and could bring proposed motions to council at a future date.

Define and adopt a modified motion

Deny the motion or take no action

Refer back to staff

Questions for Council 1. Does council support the staff recommendation to move forward with the proposed motion language outlined in this memo? 2. Does council have any questions or feedback on the addition of five open space properties, or portions thereof, to one of three Habitat Conservation Areas? 3. Does council require further information about the proposed motions to support its decision making?

Alignment with City Plans and City Council History Sustainability, Equity, and Resilience (SER) Framework and Citywide Strategic Plan Alignment SER Framework Goal Area The addition of these open space properties to HCA’s primarily supports the SER Framework Environmentally Sustainable goal through the following objective: •

Support the natural environment and its ecosystems so they are better able to resist damage and recover quickly

In addition, the action would support the SER Framework Healthy and Socially Thriving goal, which includes fostering high levels of social, physical, and mental well-being, and providing access to abundant recreational, cultural and educational opportunities, through the following objective: •

Cultivate a wide range of recreational, cultural, educational, civic, and social opportunities for all people

Citywide Strategic Plan The following strategies and priority actions within the City of Boulder Citywide Strategic Plan 2024-2026 would be supported through the addition of these open space properties to HCA: Strategy 11. Prioritize sustainability values through new and existing policies. b. Priority Action: Update the Boulder Valley Comprehensive Plan and other city planning documents to minimize environmental impacts, support biodiversity conservation, reduce emissions and increase community resilience. Staff Notes The implementation of HCA policies, such as on-trail requirements which limit most visitor use and impacts to designated trail corridors, would support ecosystem resilience through efforts to preserve intact wetland function and, by extension, improved carbon sequestration potential.

Alignment with Additional City Plans 2021 Boulder Valley Comprehensive Plan Assigning appropriate Management Area Designations to open space properties currently lacking such formal designations would help achieve the BVCP goal of Protecting Native

Ecosystems and Biodiversity along with the following policies: Protecting Native Ecosystems & Biodiversity o o o o o

Policy 3.01, Incorporating Ecological Systems into Planning Policy 3.02, Adaptive Management Approach Policy 3.03, Native Ecosystems Policy 3.04, Ecosystem Connections & Buffers Policy 3.06, Wetland & Riparian Protection

OSMP Departmental Plans OSMP Master Plan (2019) Assigning an HCA designation to these properties supports Master Plan Strategy EHR. 1) Preserve and restore important habitat blocks and corridors. The strategy would be supported through the conservation and maintenance of highquality creek corridors. Specifically, implementing recommended additions to the Lower Boulder Creek HCA (Ordinance 8716) would prioritize preservation of healthy ecosystems. Compared to restoring degraded ecosystems, this is a more cost-effective way to support Master Plan Strategy EHR. 1. Assigning an HCA designation to these properties supports Master Plan Strategy RRSE. 6) Support a range of passive recreation experiences. This strategy would be supported by providing passive recreational opportunities that have minimal impacts on native plant communities and wildlife habitats or other resources. 2005 Visitor Master Plan (VMP) The 2005 VMP established the MAD framework. Under the umbrella of area management, key policies, programs, and projects are targeted to area-specific needs in different parts of the OSMP land system. As MADs provide foundational guidance for management, all properties are assigned a MAD. Designating these properties a MAD is in alignment with the VMP guidance as it integrates these properties into the management framework. In addition, the VMP identified nine areas for HCA management: • • • • • •

North Foothills HCA Western Mountain Parks HCA Eldorado Mountain HCA Jewel Mountain HCA Southern Grasslands HCA Tallgrass Prairie East HCA

• • •

Sombrero Marsh HCA Cottonwood Grove HCA Lower Boulder Creek HCA

Designating these properties as HCA is consistent with the VMP guidance in that they are consistent with the criteria for inclusion in an HCA and it integrates these properties into larger areas already identified as HCAs.

Analysis Overview MADs are intended to provide broad guidance on the overall management emphasis for areas located within the OSMP system. Within each management area, there are more site-specific tools available to manage for the variation of values and resources within a landscape context, such as thoughtful design in site planning, the application of visitor regulations, and other wildlife or natural resource closures. Designating MADs to properties supports future planning and other land management operational decisions by providing overall context and guidance on the management emphasis of properties to ensure compatibility of visitor use with natural, agricultural and cultural resources across the OSMP system. In essence, MADs provide the overall context for how visitor activities should occur on OSMP lands. In 2005, the OSMP Visitor Master Plan established four MADs to which city-owned properties managed by OSMP can be assigned: Passive Recreation Areas (PRA), Agricultural Areas (AA), Natural Areas (NA), and Habitat Conservation Areas (HCA). These management area designations are shown in Attachment E. Currently, approximately 39% of city-owned properties managed by OSMP are designated as HCAs (12% are Passive Recreation Areas, 12% are Agricultural Areas, and 37% are Natural Areas). Management Area Designations for properties acquired since the 2005 VMP have been established through smaller planning efforts such as this, larger planning efforts such as the North Trail Study Area (2016), or at the time of property acquisition. HCAs represent OSMP’s best opportunity areas for conserving habitat for the broadest range of species and natural systems. They include areas with high biodiversity such as wetlands and riparian areas. HCAs are generally characterized by large blocks of habitat in good condition and are often occupied by species of concern such as threatened, endangered species or include plant communities that are rare or unique. The goal of HCAs is to maintain, enhance and restore naturally functioning ecological systems and habitat. Public access is allowed on-trail while permits are required for off-trail access to minimize impacts to and foster appreciation and understanding of natural resources.

HCAs experience lower levels of visitation, have minimal infrastructure including trails, and tend to be in more remote areas. The criteria defined in the 2005 VMP are the main considerations used in the assignment of MADs to properties currently without such designations. The characteristics and goals of the HCA designation, as defined in the 2005 VMP are below. Characteristics • • • •

Tend to be located in more remote areas. Typically represent the largest blocks of an ecosystem type with few, if any, trails or roads. Lower level of visitor use; no or few trails and trailheads. Naturally functioning ecosystems (but may contain areas with evidence of human use and impacts).

Goals • • •

• •

Maintain, enhance, and/or restore naturally functioning ecosystems. Maintain, enhance, and restore habitat for species of concern identified in the Boulder County and the Boulder Valley Comprehensive Plans. Provide public access and passive recreational opportunities that foster appreciation and understanding of ecosystems and have minimal impacts on native plant communities and wildlife habitats or other resources. Eliminate all undesignated trails, unless they are made part of the designated trails system or provide specialized access to appropriate low-use destinations. Where sustainable infrastructure exists, continue to allow public access to appropriate destinations.

Prior to this project, there were approximately 40 city-owned properties managed by OSMP without an established designation. Careful analysis was undertaken (i.e., thoughtful review of property characteristics and adjacent properties’ Management Area Designations) which formed the basis of assigning properties to appropriate MADs. Staff evaluated the properties and sought input and recommendations to council (as appropriate) from the OSBT on the designation(s) in October 2023, December 2023, June 2024 and September 2024. To date, designation of 31 properties to Passive Recreation Areas (PRA), Agricultural Areas (AA), and Natural Areas (NA) has been made through staff recommendation and board feedback. Designating properties as HCAs requires the adoption of an ordinance by City Council. When an HCA designation is recommended by staff, OSBT is asked for their recommendation to City Council. This process is detailed in the graphic below. Council

Commented [RR1]: I get an error message when I try to access to these links. Will city council?

must adopt an ordinance that describes the boundaries of the open space properties in the HCA in order to allow enforcement of regulations, such as on-trail requirements and the off-trail permit program.

On December 6, 2023, the OSBT recommended that the Boulder City Council approve inclusion of the Depoorter II property as part of the Southern Grasslands Habitat Conservation Area. The motion passed unanimously. On June 6, 2024, the OSBT recommended that the Boulder City Council approve inclusion of the 90 and 96 Arapahoe properties as part of the Western Mountain Parks Habitat Conservation Area and inclusion of the Weiser property and the portion of the Boulder Valley Farm property along the Boulder Creek corridor. The motion passed four to zero. These motions are provided in Attachment F. The process and rationale for assigning each of the five properties to the corresponding HCA is described below. Properties identified for inclusion in the Lower Boulder Creek HCA Two properties, the Weiser property and Boulder Valley Farm (the portion located along the Boulder Creek corridor), are being recommended to be designated as part of the Lower Boulder Creek HCA by Ordinance 8716. Weiser This property has been recommended to be added to the Lower Boulder Creek HCA because it has high resource values and is adjacent to other city-owned properties managed by OSMP designated as HCA. This property’s combination of different habitats supports an exceptionally diverse suite of wildlife and plant communities including rare and protected species and is in alignment with VMP criteria for HCA. Bald eagles have nested on the property since 2002 and this property includes an unusual mix of tallgrass prairie and sand prairie plant species as well as floodplain wet meadows with wetland communities. The southern half of the property’s extensive riparian/wetland/grassland complexes provide ideal habitat for northern leopard frogs, while songbirds use the base of the cliffs, riparian forests and wetland and grassland habitats for nesting. Approximately 100 acres of this property are part of the White Rocks State Natural Area. It includes

geologically unique topography and the northern portion of the property has a high density of indigenous and early historical-age sites. This property, along with other adjacent and nearby properties that are part of the Lower Boulder Creek HCA, is currently closed. To allow for the continued protection of its riparian, wetland, grassland habitats and associated species as well as its cultural resources the Weiser property is recommended to remain closed. Public access via staff-led hikes outside of bald eagle nesting season is recommended to continue. The East Boulder-White Rocks Trail provides on-trail only access to a nearby portion of the Lower Boulder Creek HCA, though not directly to the Weiser property. Boulder Valley Farm Of the approximately 617-acres of the Boulder Valley Farm (BVF) property, approximately 285-acres along the Boulder Creek corridor and the ponds are recommended to be designated as HCA and added to the Lower Boulder Creek HCA because they are adjacent to and share similar high natural resource values as this existing HCA. The portion of BVF being recommended as HCA includes a 1½ mile stretch of the Boulder Creek riparian corridor which is in alignment with VMP criteria for HCA as a large habitat block, high biodiversity area, and important wildlife corridor used by many species of birds, such as bald eagles, ospreys, and great blue herons, as habitat for nesting and foraging. This portion of the property also includes eight ponds from historic gravel mining as well as a small segment of the Lower Boulder Ditch. Properties identified for inclusion in the Southern Grasslands HCA One property, Depoorter, is being recommended to be designated as part of the Southern Grasslands HCA by Ordinance 8717. Depoorter II The approximately 2-acre Depoorter II property is recommended to be designated as HCA and added to the Southern Grasslands HCA because it is adjacent to and shares similar high natural resource values as this existing HCA. As part of the expansive Coal Creek riparian corridor, this property is in alignment with VMP criteria for HCA as a large habitat block, high biodiversity area, and important wildlife corridor used by many species of animals and birds as habitat for nesting, foraging, and migration. Properties identified for inclusion in the ‘Western Mountain Parks HCA Two properties, 90 and 96 Arapahoe, are being recommended to be designated as part of the Western Mountain Park HCAs by Ordinance 8718. Southern Portions of 90 and 96 Arapahoe

The approximately 2-acre southern portion of 90 Arapahoe and approximately 1-acre southern portion of 96 Arapahoe properties are recommended to be designated as HCA and added to the Western Mountain Parks HCA because they are adjacent to and share similar high natural resource values as this existing HCA. Being nearby the Boulder Creek riparian corridor and high functioning wetlands, these properties are in alignment with VMP criteria for HCA as high biodiversity areas and important wildlife corridors.

City Council History This item has not previously come before council. However, other open space properties have previously been incorporated into HCAs as part of council’s regular procedural workload. The following ordinances have been adopted through motions made by council relating to the three HCAs: • • •

Ordinance 7459, which ordered the designation of the Lower Boulder Creek, Southern Grasslands, and Western Mountain Parks HCAs; Ordinance 7934, which added properties to the Lower Boulder Creek HCA; and Ordinances 7616, 7899, and 8099, which added properties to the Western Mountain Parks HCA.

Anticipated Fiscal and Workplan Impacts These items are currently included in the department’s workplan. No city budgetary impacts would occur from the proposed assignment of open space properties to existing MADs, which is anticipated to consume minimal OSMP staff hours to implement. Implementation costs include sign installation and modification to the online off-trail permit application. Funds for these expenses were anticipated in the current operating budget. Normal staff time is required to post signs, update maps, and provide public information on the expanded HCA boundaries and associated on-trail and off-trail permit policies.

Equity Analysis The decision to incorporate the five open space properties—identified through staff analysis and in consultation with the OSBT—into HCAs within the OSMP system would not result in disproportionate impacts on historically excluded communities. The Rapid Response Equity Assessment (RREA) was utilized to help to characterize the potential outcomes of the proposed motion in light of the city’s commitment to evaluate unintended consequences of its decisions. Overall, the decision to expand the HCAs to include these five properties would create greater opportunities to enjoy intact healthy lands. These benefits would be enjoyed by all members of the public, regardless of race or ethnicity.

Commented [RR2]: Same issue as above. I cannot access the links.

Climate, Resilience, and Sustainability Considerations Although no direct climate effects are expected from the administrative action of assigning open space properties to existing HCAs, indirect benefits would accrue to open space lands through the implementation of HCA policies. These include on-trail requirements which limit most visitor impacts to designated trail corridors, thereby allowing for intact wetland function and greater carbon sequestration. In addition, among all management areas designations, the HCA designation best prevents habitat fragmentation and ensures that existing habitat will remain in high quality condition and provide relatively undisturbed refuges for wildlife.

Community Engagement OSMP staff requested input from OSBT members during three separate public hearings— held in December of 2023, and in June and September of 2024. As part of the board recommendation process, public comment was taken at each of these board meetings.

Next Steps for City Council OSMP staff requests council action in the form of the following motions: Motion to adopt Ordinance 8716 expanding the Lower Boulder Creek Habitat Conservation Area to add the Weiser and a portion of the Boulder Valley Farm properties totaling approximately 528 acres, pursuant to Section 8-8-2, “Habitat Conservation Area Designation,” B.R.C. 1981; and setting forth related details; AND Motion to adopt Ordinance 8717 expanding the Southern Grasslands Habitat Conservation Area to add the Depoorter II property totaling approximately 2 acres, pursuant to Section 8-8-2, “Habitat Conservation Area Designation,” B.R.C. 1981; and setting forth related details; AND Motion to adopt Ordinance 8718 expanding the Western Mountain Parks Habitat Conservation Area to add the southern portions of the 90 Arapahoe and 96 Arapahoe properties totaling approximately 3 acres, pursuant to Section 8-8-2, “Habitat Conservation Area Designation,” B.R.C. 1981, and setting forth related details. Language for the Proposed Ordinances and accompanying Map Exhibits are provided in Attachments A, B, C, D & E.

Commented [RR3]: Shouldn't "F" also be included?

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Attachments • • • • • •

Attachment A – Proposed Ordinance 8716 Attachment B – Proposed Ordinance 8717 Attachment C – Proposed Ordinance 8718 Attachment D – Properties Proposed for Assignment to Existing HCAs s Attachment E – Existing Management Area Designation Attachment F – OSBT Motions