Attachment C - Proposed Ordinance 8764

ORDINANCE 8764

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AN ORDINANCE ANNEXING TO THE CITY OF BOULDER APPROXIMATELY 5.43 ACRES OF LAND GENERALLY LOCATED AT 1275 CHERRYVALE ROAD AND 5995 MCSORLEY LANE WITH AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL - RURAL 2 (RR-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 DISTRICT; AND SETTING FORTH RELATED DETAILS.

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THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO FINDS:

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A.

Hakubai Temple, a Colorado nonprofit corporation, is the owner of the parcels

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which comprise the real property more particularly described in Exhibit A attached hereto (the

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"Property").

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B.

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

land owners of said area, excluding streets and alleys, have petitioned for annexation of the Property with an initial zoning of Residential – Rural 2 (RR-2) for the Property; the Property is not embraced within any city, city and county, or incorporated town; and the Property abuts, and is contiguous to, the City of Boulder by at least one-sixth of its perimeter. C.

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

the City of Boulder; the Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City of Boulder. D.

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

involving a city other than the City of Boulder.

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E.

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

district and the attachment of same to another school district. F.

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

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

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

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

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H.

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

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

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include portions of the Property in the Residential – Rural 2 (RR-2) zoning district, as provided

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in Chapter 9-5, "Modular Zone System," B.R.C. 1981.

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I.

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

annexed and zoned hereby was duly held before the City Council on October 1, 2026. J.

The initial zoning designation of Residential – Rural 2 (RR-2) for the Property is

consistent with the Boulder Valley Comprehensive Plan and bears a substantial relation to and will enhance the general welfare of the Property and of the residents of the City of Boulder.

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K.

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

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

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

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

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agreement associated with this annexation.

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L.

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Property.

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

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. The territory more particularly described in Exhibit A is hereby annexed to and included within the corporate boundaries of the City of Boulder.

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Section 2. Chapter 9-5, "Modular Zone System," B.R.C. 1981, and the zoning district

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map forming a part thereof is hereby amended to include the Property within the Residential –

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Rural 2 (RR-2) zoning district.

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Section 3.

The City Council adopts the recitals in this ordinance and incorporates them

herein by this reference. Section 4. The City Council approves any variations or modifications to the Boulder Revised Code or other City ordinances that are in the agreement associated with this annexation. Section 5. The City Council authorizes the city manager to implement the terms of the agreements associated with this annexation.

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Section 6. The annexation and zoning of the Property is necessary for the protection of the public health, safety, and welfare. Section 7. The City Council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition.

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Section 8. The City hereby consents, pursuant to C.R.S. Section 37-45-136(3.6), to the

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inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy

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District and the Northern Colorado Water Conservancy District.

4 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED

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BY TITLE ONLY this 20th day of August 2026.

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__________________________ Aaron Brockett Mayor

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Attest: ________________________________ Elesha Johnson City Clerk

13 14 15 READ ON SECOND READING, PASSED AND ADOPTED this 1st day of October

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2026.

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______________________________ Aaron Brockett Mayor

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Attest: _______________________ Elesha Johnson City Clerk

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EXHIBIT A

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LEGAL DESCRIPTION

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LOT 13 MCSORLEY'S SUBDIVISION AS DESCRIBED IN PLAT BOOK 7 AT PAGE 22, RECORDED MARCH 12, 1958 IN THE RECORDS OF BOULDER COUNTY CLERK AND RECORDER, TOGETHER WITH A PARCEL OF LAND AS DESCRIBED AT RECEPTION NO. 4054020, RECORDED JULY 17, 2024, IN THE RECORDS OF BOULDER COUNTY CLERK AND RECORDER, SITUATED IN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF BOULDER, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF SAID LOT 13, MCSORLEY'S SUBDIVISION TO BEAR SOUTH 89°46'53" WEST, A DISTANCE OF 253.81 FEET BETWEEN FOUND NO. 5 REBARS WITH 1" BLUE PLASTIC CAPS, STAMPED "PLS 38850", WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 13; THENCE ALONG THE SOUTHERLY AND WESTERLY LINES OF SAID LOT 13 THE FOLLOWING FOUR (4) COURSES: 1. SOUTH 89°46'53" WEST, ALONG THE NORTHERLY RIGHT OF WAY LINE OF MCSORLEY LANE, A DISTANCE OF 253.81 FEET; 2. THENCE CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY LINE, NORTH 60°09'07" WEST, A DISTANCE OF 48.74 FEET; 3. THENCE CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY LINE, SOUTH 89°54'20" WEST, A DISTANCE OF 200.75 FEET TO THE SOUTHEAST CORNER OF LOT 11, MCSORLEY'S SUBDIVISION; 4. THENCE DEPARTING SAID NORTHERLY RIGHT OF WAY LINE, NORTH 00°35'25" WEST, ALONG THE EASTERLY LINE OF SAID LOT 11, A DISTANCE OF 64.91 FEET TO THE NORTHWEST CORNER OF SAID LOT 13, SAID CORNER IS ON THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NO. 4054020; THENCE ALONG THE SOUTHERLY, WESTERLY, AND NORTHERLY LINES OF SAID PARCEL THE FOLLOWING FIVE (5) COURSES: 1. SOUTH 89°51'48" WEST, ALONG THE NORTHERLY LINE OF SAID LOT 11, A DISTANCE OF 74.92 FEET; 2. THENCE NORTH 00°29'27" WEST, ALONG THE EASTERLY LINE OF SAID LOT 11, A DISTANCE OF 145.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 11;

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3. THENCE SOUTH 89°27'58" WEST, ALONG THE NORTHERLY LINE OF SAID LOT 11, A DISTANCE OF 62.12 FEET TO THE SOUTHEAST CORNER OF LOT 10, MCSORLEY'S SUBDIVISION; 4. THENCE NORTH 00°21'17" WEST, ALONG THE EASTERLY LINE OF SAID LOT 10, A DISTANCE OF 181.04 FEET; 5. THENCE DEPARTING SAID EASTERLY LINE OF LOT 10, NORTH 89°52'52" EAST, A DISTANCE OF 633.45 FEET; THENCE SOUTH 00°28'37" EAST, A DISTANCE OF 414.47 FEET TO THE POINT OF BEGINNING; COUNTY OF BOULDER, STATE OF COLORADO. SAID DESCRIBED PARCEL OF LAND CONTAINS 236,235 SQUARE FEET OR 5.43 ACRES, MORE OR LESS.