Call-Up Agenda Memo

City of Boulder City Council Call-Up Agenda Item Meeting Date: May 7, 2026 Agenda Title Consideration of an Outside City Utility Permit request for the property located at 1420 Cherryvale Rd. (Case Number LUR2024-00058). Applicant: Jason Buss, F9 Productions Property Owner: Gregg S. Ten Eyck and Corrin E. Campbell

Staff Contact • •

Brad Mueller, Director of Planning & Development Services Mark Garcia, Civil Engineering Senior Manager, Planning & Development Services

Executive Summary Call-up item required for staff approval of an out of city utility permit: The applicant, on behalf of the property owners, has requested connection to City sanitary sewer and water services to serve the existing detached dwelling unit at the site. The existing house on the lot is 1,597 square feet and currently serviced by well and septic systems. The applicant states that the existing systems are no longer sufficient to serve the utility demand at the property. Existing sewer and water mains run parallel to the property along Cherryvale Road and have ample existing capacity. The applicant meets all criteria in Sections 11-1-15 and 11-2-10, B.R.C. 1981, for out of city water and sewer service, respectively, including property location below the Blue Line, the site lying within Area II of the Boulder Valley Comprehensive Plan, and the fact that the

application does not constitute new urban development. Please see the Analysis section for additional details on each criterion.

This is an established single-family residential neighborhood (see Attachment A) where approximately one-half of the houses are connected to City water and sewer services. At this time, 1420 Cherryvale Rd. is not eligible for annexation because it lacks a contiguous boundary to the City of Boulder. It is a condition of approval that the owners will apply for annexation when eligible.

Therefore, the proposed out of city utility permit has been approved by staff on April 7, 2026. There will be one regularly scheduled City Council meeting within the 30-day callup period, May 7, 2026.

Council Action Options Option

Outcome

Call up the application

To call up the application, council has to pass a motion. Suggested motion language: Motion to call up Outside City Utility Permit for 1420 Cherryvale Rd., case number LUR2024-00058. If the item is called up, then the item will be scheduled for a public hearing at a future council meeting.

Do not call up the application No council action is needed. Decision of the City Manager stands, and the utility connections will be effective as of May 7, 2026.

[Planning/Landmarks] Board History NA

Public Input Process Notice of the connections were advertised in the Daily Camera within the 30-day call up period. Staff has not received any written or verbal comments opposed to the connections.

Analysis – Alignment with Relevant Portions of Boulder Revised Code The subject property meets all criteria for out of city water and sewer services per Sections 11-1-15 and 11-2-10, B.R.C. 1981, respectively, These criteria are:

1. The property is located within Area II of the Boulder Valley Comprehensive Plan, unless the facility to be served is a publicly owned facility that because of its nature is most appropriately located outside Area II and because of the general public interest should be served by water (and wastewater) service;

2. There is no main extension involved for such service beyond one hundred feet or in violation of the main extension limit, whichever is less;

3. The city planning department has determined that the proposal does not constitute new urban development and is consistent with the comprehensive plan;

4. The city has referred the application to the Boulder County Planning Department under the referral provisions of the comprehensive plan;

5. The service is to be extended to a structure, which contains a legal use, that existed on the effective date of this chapter or to a platted single-family lot existing on the effective date of this chapter;

6.

The property is located below the "Blue Line"; and

7. The property owner agrees in an agreement running with the land to annex to the city as soon as the property is eligible for annexation.

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. Current Year Estimated Fiscal Impact Fund(s): 2120FD Department(s): Planning & Development Services Program(s): All P&DS programs

Item Beginning Fund Balance Total Forecasted Revenue Total Estimated Expenses Ending Fund Balance(s) After Reserves FTE

FY 2026 Budget

FY 2026 Estimated Impact

FY 2026 Net Change

$18,200,885

$0

$18,200,885

$15,179,491

$0

$15,179,491

$17,735,173

$0

$17,735,173

$12,646,701

$0

$12,646,701

122.65

0

122.65

Three-Year Estimated Fiscal Impact

Item

FY 2026

FY 2027

FY 2028

Total Forecasted Revenue Total Estimated Expenses Net Estimated Impact

$0

$0

$0

$0

$0

$0

$0

$0

$0

Next Steps for City Council The City Council may call up the application. If the application is called up, the City Council will be the decision-maker on the application and will review it at a future public meeting. If the application is not called up, the City Manager’s decision is final.

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Attachments A:

Vicinity Map

B:

Improvement Location Plat

C:

Utility Connection Plan

D:

Out of City Utility Agreement and Revocable Permit