6A - Memorandum, Potential Extension of Out-of-City Sewer Service to the Canon Park SubdivisionMEM ORANDUM
TO: Planning Board
FROM: Peter Pollock, Planning Director
Susan Richstone, Senior Planner
Bev Johnson, Environmental Planner
DATE: May 22, 2003
SUBJECT: Potential Extension of Out-of-City Sewer Service to the Canon Pazk Subdivision
The purpose of this memo is to provide Planning Board with information about a potential
request for out-of-city sewer services to the residents of the Canon Pazk Subdivision (12
properties) and three homes adjacent to the subdivision. Canon Park is located in Boulder Creek
Canyon in Area III just beyond the city's western service area boundaries. Since city code only
provides far out-of-city utility service to Area II, any utility extension to Area III would have to
be approved by the City Council by ordinance.
BACKGROUND:
For the past three years a group of property owners in Canon Park and staff from the Boulder County
Health Department have worked together in an effort to determine the most cost-effective option for
a long-term solution to wastewater treatment needs in Canon Park. Please see the memorandum
from the Boulder County Health Department (Attachment A) and map (Attachment B). Currently,
many of the houses in the neighborhood have outmoded and undocumented Individual Sewage
Disposal Systems (ISDS) and very little room to construct new ones in accordance with existing
standards.
The Colorado Department of Local Affairs provided a grant to Boulder County Health Department
to fund a feasibility study conducted by Water Management, Inc, through a grant from the Colorado
Department of Local Affairs. The purpose of the study was to evaluate alternatives to septic tanks
that could provide service to these properties. The study examined ten alternatives for addressing
the sewage disposal problem. Connection to the city of Boulder wastewater collection system was
determined to be the most cost-effective alternative for the residents. The determination was based
on a cost/benefit analysis that used feasibility level costs and benefit values that addressed
environmental impacts, simplicity of operation, reliability, land use impacts, and need for a
wastewater discharge permit.
The next step in solving the Canon Park ISDS issues is for the residents to decide if they should
pursue a public improvement dishict and apply to the city of Boulder for out-of-city sewer services.
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The county is considering placing an initiative on the ballot this_ November to create a district to
finance constnzction of the sewer connection.
ANALYSIS:
The Boulder Valley Comprehensive Plan (BVCP) provides for the out-of-city service to Area III if
it would further BVCP goals. The wording of the policy follows:
POLICY 311 OUT-OF-CITY UTILIT'Y SERVICE. In fiutherance ofpolicies 2.01, 2.02,
2.04, 3.06, 3.10, and 3.13, and not withstanding policy 3.03, the city and the county agree
that it is appropriate for the city to:
(a) Decline support for utility provision in Area IIi and Area II when its provision would
defeat Boulder Valley Comprehensive Plan goals.
(b) Extend limited utility service in Area III and Area II in circumstances that further the
BVCP goals.
(c) Evaluate opportunities for cooperation with other utility service provides, in concert with
the county, to further BVCP goals.
This policy was added to the BVCP in 1995 as a follow-up to the Area III Planning Project. The
intent is to enable the city to provide water service if it would further the goals of preserving the
existing rural land uses and character of Area III-Rural Preservation Area as well as other BVCP
goals.
Canon Park is in Area III-Rural Preservation Areas and not eligible for annexation. The subdivision
also is above the Blue Line and, therefore, not eligible for out-of-city water service under the
provisions of the city charter (although most of the homes are connected to city water). The city
charter does not, however, prohibit city sewer services above the Blue Line. Since city code only
provides for out-of-city utility service to Area II, any utility extension to Area III would have to be
approved by City Council by ordinance.
The primary purpose of extending sewer service to these properties would be to further the following
BVCP goals:
4.19 Protection of Water Quality.
Water quality is a critical health, economic and aesthetic concern. The city and county
shall protect, maintain and improve water quality within the Boulder Creek basin and
Boulder Valley watersheds as a necessary component of existing ewsystems and as a
critical resource for the human community. The city and county shal] seek to establish
comprehensive goals for water quality, to maintain full compliance with federal and state
water quality standards, and to reduce point and nonpoint sources of pollutants. Special
emphasis shall be placed on regional efforts such as watershed planning and protection.
Efforts shall be made to take an integrated approach to the protection of groundwater,
surface water, and storm water and to plan for future needs.
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4.25 Poliution Control.
The city and county shall seek to control both point and non-point sources of water
through pollution prevention, improved land use configurations, wetland detention areas,
standards to control degradation of streams and lakes caused by storm runoff in urban and
rural areas, and control and monitoring of direct sources of discharge, including those of
gravel extraction and wastewater treatment facilities.
4.26 Wastewater.
The city shall meet all requirements for wastewater treatment under its National Pollution
Discharge Elimination System Permit and evaluate additional voluntary standards as
appropriate. The city and county support the County Board of Health's policy
discouraging the installation of private sewage disposal systems where municipal
collection systems are available or where a potential pollution or health hazard would be
created. The city and county shall support the development of programs to monitor
problems associated with failing septic systems.
In addition to the above BVCP goals, it will be important that the service extension not increase the
development potential for properties in the subdivision and not change the rural character of the
neighUorhood. Consistent with previous discussions concerning potential city utility service to
Eldorado Springs and to Hoover Hills, the city would expect to execute agreements with each of the
property owners to ensure preservation of the existing rura] character of the area. Issues that would
need to be addressed include:
Evaluating additional development potential in the area and ensuring that city service
extension does not induce additional development. This could be addressed through
limiYing tapa to one per legal building loC or dwelling unit and through conservation
easements where appropriate.
Evaluating whether limits on house size might be appropriate.
The terms of an agreement would be binding upon the property owner and would continue as a
servitude running in perpetuity with the property.
Attachments
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Public Health Memorandum
To: City of Boulder Planning Staff
From: Iris Sherman-Boemker, Environmental Health Specialist, Water Quality
Date: May 14, 2003
Re: Extension of City Sewer to Canon Park area
Boulder County Public Health is facilitating the inquiry into wastewater treatment options
for the Canon Park community. This memo serves as an information piece for the
Planning Department as a preface for determining the City's amenability to extending
sewer service to Canon Park. An improvement district will need to be created to finance
and maintain the out-of city sewer lines.
Backqround And Issues
Since 1999, a group of property owners in Canon Park and members of Boulder County
Public Health staff have worked together in an effort to determine cost-effective options
for a long-term solution to wastewater treatment needs in Canon Park. The need for a
more viable long-term solution than that currently available through Individual Sewage
Disposal Systems (ISDS) is evident by the fact that many houses ( 7/14) have
undocumented ISDS and very little room to construct new ones in accordance with
existing standards. Boulder County Public Health has received complaints of sewage
entering the creek or sewage odors near the creek from this area. Canon Park is
directly upstream from Eben Fine Park, one of the City's prime recreational creek areas.
About one quarter of the properties are believed to have wells, while the rest have City
of Boulder water.
The normal life expectancy of an ISDS is around 20-25 years. Only one property has
an ISDS less than 20 years old. Many of the properties may not have enough space
available for new or replacement ISDS to meet required distances to property lines,
neighboring wells, and surface water. The homes were built between the 1920s and
the 1980s, with most built in the 1930s and 1960s.
Boulder County Public Health is concerned about the long-term environmental impact
of faulty sewage disposal on water quality, human health, and aquatic life of Boulder
Creek. Water samples of Boulder Creek show that contamination increases in the
water as it flows through town, although empirical data does not show the high levels at
the mouth of the canyon. Because of the high flow of water in the creek and the small
flow of sewage from the homes, apparent changes in creek contamination are not
expected.
Results
Water Management, Inc. completed a feasibility study on April 21, 2002. The
Wastewater Feasibility Study evaluated ten alternatives that could serve the property
owners. Connection to the City of Boulder wastewater collection system was
determined to be the most cost-effective alternative to pursue. The preferred option is
a sewer line from the Canon Park vicinity to the City of Boulder's sewer system via
Arapahoe Avenue.
The final alternative will require field investigation work to complete the final design.
Geotechnical investigations will be needed to determine the feasibility of boring under
Boulder Creek to install a siphon for a creek crossing for a sewer line for an Arapahoe
Avenue alignment. If a bore were not feasible, a lift station and force main would be
required to cross the creek. Additional geotechnical investigation is needed in Canon
Park Drive to determine how deep a sewer line can be installed. If a sewer line cannot
be installed below the depth of the existing treated water transmission lines in Canon ,
Park Drive; then the sewer line would require special construction to protect against the
potential of sewer line leaks that could contaminate the water lines. The details for
final design will need to be developed based on this information and in coordination
with the City of Boulder Staff.
Financinq Options
The County is contemplating the creation of a single purpose district under Title 30,
Article 20, C.R.S., that, with voter approval, could generate the necessary revenue
through assessments or a tax-deductible property tax. Boulder County, on behalf of the
Canon Park community, is currently on the state's eligibility list for the Water Pollution
Control Revolving Fund. The organization will also need to address the maintenance of
the wastewater system since a siphon or lift station and force main cannot be
transferred to the City of Boulder for maintenance.
The Public improvement district would be created to include approximately 14
properties in the Canon Park vicinity. Those property owners would share in the
construction, and operation & maintenance costs of the sewer line, anticipated now not
to exceed $500,000. Assuming that the district would benefit from the low interest rates
available through the state revolving loan fund (3% interest for 20 years) the
approximate cost per property per year would be $1980. A general description of the
territory to be included within the district is:
All lots, tracts or other land within Canon Park as recorded with the Boulder County Clerk
and Recorder within the area of Canon Park subdivision, 40428 Boulder Canyon Drive,
40420 Boulder Canyon Drive, and 40440 Boulder Canyon Drive in N1/2 of the NE 1/4 of
Section 35, Township 1 N, Range 71 W.
Communitv Support
Canon Park community support for connection to the City of Boulder wastewater
collection and treatment system is evidenced by a petition that's been signed by most
of the residents.
Consistencv with the Comprehensive Plan
Recent updates to the Boulder Valley Comprehensive Plan (BVCP) identify changes in
policy for "Out-Of-City Utility Service. Policy 3.11 (B) of the BVCP states "...the City
and County agree that it is appropriate for the City to: Extend limited utility service in
Area III and Area II in circumstances that further the BVCP goals." Canon Park is in the
Area III-Rural Preservation Area, to which the City may consider extending sewer
service, if in doing so its planning objectives are achieved.
The following sections demonstrate how a sewer connection to the City would further the
objectives of the BVCP. '
Section 4.19
"The city and county shall protect, maintain, and improve water quality within the Boulder Creek basin and
Boulder Valley watersheds as a necessary component of existing ecosystems and as a critical resource
for the human community."
Section 4.20
"The city and county shall work together and with other governmental agencies to develop and implement
appropriate water quality standards, water resource allocations, and water quality protection programs:'
Section 4.21
"The city and county shall protect the quality of its water sources and shall meet all Colorado primary
drinking water standards and source water protection requirements:'
Section 4.24
"The city and county shall continue to evaluate aquifers, groundwater recharge and discharge areas, and
sources of groundwater pollution within the Boulder Creek watersheds and formulate appropriate pollution
and source protection programs. Impacts to groundwater shall be considered in land use planning,
development review, and public land management practices"
Section 4.26
"The city shall meet aii requirements for wastewater treatment under its National Pollution Discharge
Elimination System Permit and evaluate additional voluntary standards as appropriate. The city and county
support the County Board of Health's policy discouraging the installation of private sewage disposai
systems where municipal collection systems are available or where a potential poilution or health hazard
would be created. The city and county shall support the development of programs to monitor problems
associated with failing septic systems:' .
Growth Limitations
Under the creation of the district the intent will be to retain the existing character of the
neighborhood. Lot improvements will conform to existing land use regulations.
Benefits for the Citv of Boulder
. Sustainable water quality upstream to prime recreational waters of Boulder
Creek.
. Potential for more collaboration with Boulder County on growth controls for the
Canon Park area.
• Installing a sewer line through the upper Arapahoe Avenue area , which is in the
city's Area II planning area, making it easier for connection of those properties to
city sewer.
Next Steps
. Provide this information at a City Council meeting to gauge acceptance of the
sewer extension.
. July 2003: put together a ballot initiative for the November election to create a
single purpose district.
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