Agenda Memo

City of Boulder City Council Agenda Item Meeting Date: January 8, 2026 Agenda Title Public hearing and consideration of the following items related to a petition to annex a property generally located at 915 5th Street with an initial zoning designation of Residential – Estate (RE) ( LUR2024-00062): (A) Annexation of Annexation Area No. 1 (easterly 0.48-acre portion of land): (1) Consideration of a motion to adopt Resolution 1364, setting forth Findings of Fact and Conclusions regarding the annexation of approximately 0.48 acres of land generally located on the easterly portion of said property; AND (2) Second reading and consideration of a motion to adopt Ordinance 8728 annexing to the City of Boulder approximately 0.48 acres of land generally located on the easterly portion of said property with an initial zoning designation of Residential – Estate (RE) 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. AND, IF ORDINANCE 8728 IS ADOPTED: (B) Annexation of Annexation Area No. 2 (westerly 0.48-acre portion of land):

(1) Consideration of a motion to adopt Resolution 1365 setting forth Findings of Fact and Conclusions regarding the annexation of approximately 0.48 acres of land generally located on the westerly portion of said property. AND (2) Second reading and consideration of a motion to adopt Ordinance 8729 annexing to the City of Boulder approximately 0.48 acres of land generally located on the westerly portion of said property with an initial zoning classification of Residential – Estate (RE) 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. AND, IF ORDINANCES 8728 AND 8729 ARE ADOPTED: (C) Second reading and consideration of a motion to adopt Ordinance 8730 granting consent by the City of Boulder to the inclusion of approximately 1.294 acres of land generally located at 915 5th Street into the Municipal Subdistrict, Northern Colorado Water Conservancy District.

Staff Contact •

Chandler Van Schaack, Principal Planner, Planning and Development Services

Draft Motion Language Staff Findings and Recommendation: 1. Staff finds the annexation petition and proposed annexation to be consistent with state statutes. 2. Staff finds the proposed annexation to be consistent with the BRC and BVCP. 3. Staff finds the initial zoning of Residential – Estate (RE) is consistent with the BVCP goals and land use designation of Low-Density Residential (LR) and with the BRC. The proposed initial zoning is also compatible with surrounding properties. Therefore, staff requests council action in the form of the following motions: 1. Motion to adopt Resolution 1364 setting forth Findings of Fact and Conclusions regarding the annexation of approximately 0.48 acres of land generally located on the easterly portion of 915 5th Street. AND

2. Motion to adopt Ordinance 8728 annexing to the City of Boulder approximately 0.48 acres of land generally located on the easterly portion of 915 5th Street with an initial zoning designation of Residential – Estate (RE) 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. AND 3. Motion to adopt Resolution 1365 setting forth Findings of Fact and Conclusions regarding the annexation of approximately 0.48 acres of land generally located on the westerly portion of 915 5th Street. AND 4. Motion to adopt Ordinance 8729 annexing to the City of Boulder approximately 0.48 acres of land generally located on the westerly portion of 915 5th Street with an initial zoning classification of Residential – Estate (RE) 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. AND 5. Motion to adopt Ordinance 8730 granting consent by the City of Boulder to the inclusion of approximately 1.294 acres of land generally located at 915 5th Street into the Municipal Subdistrict, Northern Colorado Water Conservancy District.

Executive Summary The purpose of this item is for City Council to consider a series annexation request on second reading to annex an approximately 0.96-acre portion of the 915 5th St. property into the City of Boulder with an initial zoning designation of Residential – Estate (RE), consistent with the Boulder Valley Comprehensive Plan (BVCP). Refer to Attachment G for the annexation petition. The 0.96-acre portion of the property is located within Planning Area II of the BVCP. The applicant has requested annexation to allow for an existing single-unit residence to connect to City water and sewer utilities. Per Annexation Policy 1.17.b, the city will actively pursue annexation of substantially developed Area II properties along the western boundary below the Blue Line. Refer to

Attachments A and B for the annexation maps and Attachment I for the proposed annexation agreement. The 0.96-acre portion of the 915 5th St. property borders the Boulder city limits to the east. Approximately, the eastern 110 feet of the 915 5th St. property was annexed into the City of Boulder in 1952 through Ordinance 1696. Note that the Municipal Annexation Act requires that no less than 1/6th of the perimeter of the area proposed to be annexed is contiguous with the annexing municipality. While the property proposed to be annexed, looking at it in its entirety, does not have 1/6th contiguity, contiguity may be established by annexation of one or more smaller parcels in a series, each of which meets the 1/6th contiguity requirement. This may be completed simultaneously and considered together at one public hearing. In light of this, a series annexation is proposed for the 0.96-acre portion of the property, involving two annexation ordinances. At its meeting on November 20, 2025, City Council adopted Resolution 1363 (provided as Attachment C) as 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 January 8, 2026 as the hearing date to determine if the proposed annexation complies with state annexation laws. Refer to Attachments A and B for the annexation maps and Attachment H for the annexation petition. Planning Board reviewed the proposed annexation and initial zoning on October 7, 2025. The Board voted unanimously (6-0) (J. Boone absent) to recommend to City Council approval of the proposed series annexation of the property located at 915 5th Street with an initial zoning designation of Residential – Estate (RE) pertaining to case number LUR2024-00062, incorporating the staff memorandum as findings of fact, subject to the recommended conditions of approval for the annexation as provided for in the proposed annexation agreement. The Board passed a second motion recommending that City Council amend the annexation agreement to limit the floor area on the property to 4,000 square feet. The motion passed 5-1 (L. Kaplan opposed, G. Boone absent). Please note that staff subsequently reviewed comparable past annexations and discovered that the Planning Board’s recommendation to impose this limitation was inconsistent with prior annexation practices. Staff also finds that the existing zoning regulations, including setback standards, bulk plane limitations, building coverage, and FAR standards, are in fact sufficient to limit the built floor area on the property following annexation. This is especially true given the steep topography of the site and the Blue Line boundary, both of which further restrict the size of any future redevelopment. Therefore, staff recommends that council consider approving the annexation agreement without the

amendment recommended by the Planning Board. The applicants have also indicated that they do not wish for the proposed house size restriction to be supported. A summary of the board’s discussion and recommendation on the annexation can be found below under ‘Board and Commission Feedback’. The staff memorandum to Planning Board, meeting audio, and other related background materials are available on the Records Archive for Planning Board. Meeting minutes from the hearing can be found in Attachment K.

Council Action Options Option

Outcome

If Council finds that the annexation meets state constitutional and statutory requirements and desires to annex as recommended by staff, adopt Resolution 1364 and Ordinance 8728 followed by adoption of Resolution 1365 and Ordinances 8729 and 8730

Property will be annexed into the City of Boulder in a series with a zoning designation of RE (Residential Estate)

If Council finds that the annexation meets the state constitutional and statutory requirements and desires to annex with additional or different conditions then set forth in the proposed annexation agreement, discuss proposed modifications and, if they are acceptable to the applicant, continue the hearing.

Council would need to propose modifications to the annexation agreement acceptable to the applicants. If agreeable, consideration of the resolutions and second reading of the annexation ordinances would be continued for staff to revise and the applicant to sign the revised annexation agreement.

If Council finds that the proposed annexation meets the state constitutional and statutory requirements, but does not desire to annex,

Annexation process ends.

adopt Resolution 1364 and adopt a revised Resolution 1365 (finding that the 1/6 contiguity requirement is not met for the western portion rendering that portion ineligible) and take no further action on the annexation ordinances. If Council finds that the annexation does not meet the state constitutional and statutory requirements, make findings how the annexation does not meet those requirements and instruct staff to draft revised resolutions reflecting these findings for Council consideration at a future meeting. No further action would be taken on the ordinances.

Staff would prepare resolutions setting forth council's findings and schedule them for consideration of adoption at a future meeting. After the adoption of the revised resolutions, the annexation process would end.

Key Issues Staff has identified the following key issues to help guide council’s discussion: 1. Is the proposed annexation consistent with applicable state annexation statutes? 2. Is the proposal consistent with city’s annexation and other Boulder Valley Comprehensive Plan (BVCP) policies? 3. Is the initial zoning of Residential – Estate (RE) appropriate for the subject property?

Background Property Description & Site Context As shown below in Figure 1, the 915 5th Street property contains 1.294 acres and is located on the western edge of the City of Boulder on the west side of 5th Street and east of Flagstaff Road. The eastern approximately 110-feet of the parcel (shown in orange) were annexed into the City of Boulder in 1952 through Ordinance 1696. The previously annexed portion of the property on the east side provides continuity with regards to eligibility for annexation. The unannexed portion of the property subject to this petition is identified as Area II on the Boulder County Comprehensive Plan (BVCP).

The 915 5th Street property is not directly adjacent City of Boulder right-of-way, as 921 5th Street lies between 915 5th Street and 5th Street to the east. 915 5th Street is accessed from 5th Street via a shared driveway that crosses the adjacent 845 5th Street property to the south. This shared driveway also serves the 845 5th Street

property. An existing driveway easement covers the shared driveway. City of Boulder water and sewer is present in 5th Street and currently serves adjacent parcels, including the un-annexed 845 5th Street property. The existing shared driveway easement allows for the installation of water and sewer services along the shared driveway to provide connection to the existing residence on 915 5th Street. As shown in Figure 2 below, the property is located in BVCP Planning Area II. Area II refers to land 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. Annexation is required before adequate facilities and services are furnished to properties in Area II. The blue line runs through the 915 5th Street property. The portion lying west of, and therefore above the blue line, is not eligible for water or sewer services and is therefore undevelopable. The property is currently not being served by City of Boulder water or sewer but rather has been provided water via water delivery service and a cistern. No water well exists. Sanitary sewer is currently handled via a permitted septic system (ISDS). The property was originally located above the Blue Line and not eligible for City of Boulder water service, but a Blue Line amendment approved by the voters in 2016 placed the existing residence below the Blue Line and eligible for water service connection upon annexation. More recently in 2023, one of the primary water delivery service providers in Boulder County ceased operations, and as a result property owners have been struggling to consistently have reliable water. This has become a significant concern during wildfire season. As such, the owners of 915 5th Street find annexation and access to City of Boulder water service is critical.

As shown in Figure 3 on the following page, the property is designated Low Density Residential (LR) on the land use map of the BVCP, with an anticipated density of two to six dwelling units per acre or less. The description from the BVCP is below.

Application Description The applicant is requesting annexation into the City of Boulder with Residential – Estate (RE) zoning. There is an existing detached dwelling unit on the property which the applicants state will remain in place following annexation. The proposed Annexation Agreement (Attachment I) prohibits any water service to the portion of the property above the Blue Line and restricts the future development potential of the area proposed for annexation to one principal dwelling unit only, so there is no additional development potential for the property proposed for annexation. The only new construction proposed as part of this annexation is the addition of one water line and one sewer line within the private driveway easement serving the property through the adjacent lot to the east and a new fire hydrant at the base of the driveway. Annexation Terms The proposed Annexation Agreement (Attachment I) contains proposed terms and conditions for this annexation. Consistent with BVCP annexation policy 1.17 for properties along the western boundary of the city that were recently moved east of the blue line, the Agreement does not allow any new dwelling unit on the portion of the 915 5th Street that is proposed for annexation. The Agreement also stipulates that “no water service will be provided to and no water shall be used for landscaping or to serve other

development on the area of the Property that is west of the Blue Line.” Refer to the proposed annexation agreement for the proposed annexation terms. PROCESS The applicants are requesting annexation by petition as provided in the Colorado Municipal Annexation Act. The process for an annexation by petition requires city council to determine if the annexation petition is in substantial compliance with Colorado Revised Statutes 31-12-107(1). The annexation petition can be found in Attachment H. On November 20, 2025, Council passed Resolution 1363 finding the annexation the petition in substantial compliance with CRS 31-12-107(1)and establishing January 8, 2026 as the date for a public hearing to determine if the proposed annexation complies with Section 30 of article II of the state constitution and CRS 31-12-104 and 31-12-105. If following that hearing council finds that the proposed annexation complies with these requirements, council may annex the area by ordinance. Under the Boulder Revised Code, land may be considered for annexation to the City if the annexation would comply with state annexation statutes and the policies of BVCP and with other ordinances of the city. If a property is annexed, zoning will be established consistent with BVCP goals and the land use designation in the Land Use Map of the BVCP. The city’s annexation policies are located within Policy 1.17 of the BVCP. Pursuant to Colorado Revised Statutes 31-12-104(1)(a) this property is eligible for annexation if the annexation is completed in a “series.” A series annexation occurs when the property is annexed in portions concurrently to achieve contiguity through approval of two separate ordinances. The first ordinance is intended to annex a portion of the property that can currently meet the 1/6th continuity to city limits requirement. Approval of the first ordinance would then establish the new municipal limits and create at least 1/6th contiguity to city limits for the remainder of the property (the portion west of the Blue Line). Annexation of the remainder of the property would then be approved in a second ordinance. To meet the terms of the series annexation, the applicant filed the two separate annexations maps and requested a serial annexation in the petition. An annexation agreement is required to establish the terms and conditions of the annexation. Standard terms and conditions, such as right-of-way dedication requirements, affordable housing contributions, and fees, are established considering city codes and policies. This annexation will involve at least 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, conditions and zoning that should be

applied. The City Council then holds a second public hearing before making their determination. 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. Consistency with the state statutes has been identified as a key issue. Refer to Key Issue #1 below for a detailed analysis of compliance with state law. The BVCP provides a framework for annexation and urban service provision within the city. BVCP Policy 1.17c limits development on properties in Area II along the western foothills which became eligible for water service in 2016. The policy was added in the 2020 BVCP Mid-Term update to clarify the intent behind the Blue Line changes and related changes to the BVCP area map that were made to allow for water service of certain developments in the city but were not intended to allow for additional development of those properties. The policy reads: “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 service shall be provided to development west of the Blue Line.” If a property is annexed, zoning will be established consistent with the goals and land use designations of the BVCP. 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. Consistency with BVCP policies has been identified as a key issue. Refer to Key Issue #2 below for a detailed analysis of compliance with city policies. The property owners are seeking annexation as they are desiring to connect to city water and sewer utilities. Although the entire 915 5th St. property of 1.294 acres in size has been included in the Northern Colorado Water Conservancy District, the property has not yet been included in the Municipal Subdistrict, Northern Colorado Water Conservancy District. All properties that are served by city water are required to be included in both districts. Staff recommends that, concurrently with annexation of the property, City Council adopt an ordinance to provide consent for the entire 915 5th Street property to be included in

the Municipal Subdistrict enabling the District to include the property within its boundaries through a simplified process set forth in the Colorado Revised Statutes. In the past, the city’s standard process had been to require property owners at the time of annexation to the city to complete and submit directly to Northern petitions for inclusion in both districts and to bear all associated costs. However, Northern Water now supports using the process of consent to inclusion by City ordinance. C.R.S. Sec. 3745-136(3.6)

Application History Planning Board reviewed the proposed annexation and initial zoning on October 7, 2025. The Board voted unanimously (6-0) (J. Boone absent) to recommend to City Council approval of the proposed series annexation of the property located at 915 5th Street with an initial zoning designation of Residential – Estate (RE) pertaining to case number LUR2024-00062, incorporating the staff memorandum as findings of fact, subject to the recommended conditions of approval for the annexation as provided for in the proposed annexation agreement. The board passed a second motion (5-1, L. Kaplan dissenting) recommending that City Council amend the annexation agreement to limit built floor area on the property to 4,000 square feet. As noted above, staff subsequently reviewed comparable past annexations and discovered that the Planning Board’s recommendation to impose this limitation was inconsistent with prior annexation practices. Staff also finds that the existing zoning regulations, including setback standards, bulk plane limitations, building coverage, and FAR standards, are in fact sufficient to limit the built floor area on the property following annexation. This is especially true given the steep topography of the site and the Blue Line boundary, both of which further restrict the size of any future redevelopment. Therefore, staff recommends that council consider approving the annexation agreement without the amendment recommended by the Planning Board. The applicants have also indicated that they do not wish for the proposed house size restriction to be supported. A summary of the board’s discussion and recommendation on the annexation can be found in the draft meeting minutes from the October 7, 2025 Planning Board Hearing included as Attachment K. The staff memorandum to Planning Board, meeting audio, and other related background materials are available on the Records Archive for Planning Board. At its meeting on November 20, 2025, City Council passed a motion to adopt Resolution 1363 (provided as Attachment C) as 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 January 8, 2026 as the hearing date to determine if the proposed annexation complies with state

annexation laws. At the same meeting, council passed motions to introduce and order published by title only Ordinances 8728, 8729 and 8730. Refer to Attachments A and B for the annexation maps and Attachment H for the annexation petition.

Public Comment Required public notice was given in the form of written notification mailed to all property owners within six hundred feet of the subject property and a sign posted on the property for at least 10 days prior to the public hearing. All notice requirements of Section 9-4-3, B.R.C. 1981, have been met. Staff has not received any inquiries or official public comments.

Criteria for Review Applicable Boulder Revised Code Sections SECTION 9-2-17, “ANNEXATION REQUIREMENTS,” BOULDER REVISED CODE 1981 SECTION 9-2-18, “ZONING OF ANNEXED LAND,” BOULDER REVISED CODE 1981

Applicable Plans and Guidelines BOULDER VALLEY COMPREHENSIVE PLAN POLICIES”  1.08 Adapting to Limits on Physical Expansion;  1.10 Growth Requirements; and  1.17 Annexation. 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 applicable state annexation statutes?

Staff has reviewed the annexation request for compliance with Sections 31-12-104 and 31-13-105 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. Refer to Attachment J for staff’s analysis of the state annexation statutes.

2. Is the proposal consistent with city’s annexation and other Boulder Valley Comprehensive Plan (BVCP) policies? The property at 915 5th St. may be considered for annexation due to its designation as an Area II property (Policy 1.14 Definition of Comprehensive Planning Areas I, II, and III). The Area II designation of this property refers to the planning area now under county jurisdiction where annexation to the city can be considered consistent with BVCP policies. Pursuant to BVCP Policy 1.17c, because the developed portion of the property (1) is located in Area II and (2) was moved east of the Blue Line in 2016, the property is considered substantially developed and no additional dwelling units may be added. Refer to Attachment J for staff’s analysis of the annexation proposal with city policies. 3.

Is the initial zoning of Residential – Estate (RE) appropriate for the subject property? 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 site is designated as Low Density Residential (LR), which anticipates a density of two to six dwelling units per acre or less. LR land use anticipates predominantly single-family detached units. The proposed zoning is Residential-Estate (RE), which has a density range consistent with the land use designation and would be compatible with the surrounding area, which is zoned Residential – Estate (RE). See Figure 4.

The RE district is described as: “Single-family detached residential dwelling units at low to very low residential densities.” (Section 9-5-2(c)(1), B.R.C. 1981). Considering that the adjacent parcels and surrounding area are zoned RE, staff finds the proposed zoning is consistent with the underlying land use designation and the community’s desired future for the area

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 Boulder Revised Code and BVCP. 3. Staff finds the initial zoning of Residential – Estate (RE) is consistent with the BVCP goals and land use designation of Low-Density Residential (LR). The proposed initial zoning is also compatible with surrounding properties.

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 (Annexation Area 1)

Attachment B:

Annexation Map (Annexation Area 2)

Attachment C:

Proposed Resolution 1364

Attachment D:

Proposed Resolution 1365

Attachment E:

Proposed Ordinance 8728 (Area 1)

Attachment F:

Proposed Ordinance 8729 (Area 2)

Attachment G:

Proposed Ordinance 8730 (inclusion into Municipal Subdistrict)

Attachment H:

Annexation Petition

Attachment I:

Proposed Annexation Agreement

Attachment J:

Staff Analysis of State Statutes and BVCP Policies

Attachment K:

October 7, 2025 Draft Planning Board Meeting Minutes