5A - Recommendation to City Council - ordinance amending sections 11-1-15 and 11-2-10 "Out-of-City Water Service" and "Out-of-City Sewer Service"
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CITY OF BOULDER
PLANNING BOARD AGENDA ITEM
MEETING DATE: January 6, 2011
AGENDA TITLE: Public hearing and recommendation to City Council of an ordinance that proposes
amendments to Title 11, "Utilities and Airport" B.R.C. 1981 related to section 11-1-15, "Out-of-City
Water Service," B.R.C. 1981 and section 11-2-10, "Out-of-City Sewer Service," B.R.C. 1981.
REQUESTING DEPARTMENT:
David Driskell, Executive Director of Community Planning and Sustainability
Charles Ferro, Land Use Review Manager
Karl Guiler, Planner II
OBJECTIVES:
1. Hear Staff presentation
2. Planning Board discussion
3. Recommend changes to the code to City Council
SUMMARY
Staff is proposing a change to Title 11, "Utilities and Airport" of the Boulder Revised Code, which
relates to the city's issuance of out-of-city utility permits. The change is being proposed at the
request of City Council on Oct. 19, 2010 as part of a discussion related to several proposed out-of-
city utility permits. The change does not relate specifically to the Land Use Code. However, staff
has elected to advance the item to Planning Board prior to proceeding to City Council as the matter
is related to planning, development and more specifically, annexation policies. More detail on this
proposal is found in the 'Background' section below.
BACKGROUND
Per sections 11-1-15 "Out-of-City Water Service," B.R.C. 1981 and 11-2-10, "Out-of-City Sewer
Services." B.R.C. 1981, the City Manager (delegated to staff) is authorized to permit Boulder
County residents to connect to city water and or sewer when annexation to the city is not possible
(due to a lack of contiguity with the city's boundary) if specific criteria within the code sections
referenced above are met (applicable criteria are summarized in this section and full text is found in
the `Discussion' section below).
Out-of-city utility permits are granted primarily to avoid instances where septic system failure and/
or well water contamination on unannexed lots may pose a public health threat. The Boulder
Valley Comprehensive Plan (BVCP) has a number of policies related to outside city connections
and environmental protection, such as:
• BVCP Policy 1.26, City Service Provision/Location of Urban Facilities.
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• BVCP Policy 3.11 Out-of-City Utility Service.
• BVCP Policy 4.20 Preservation of Floodplains.
• BVCP Policy 4.26 Protection of Water Quality.
• BVCP Policy 4.32 Groundwater.
The BVCP may be referenced at the following web link:
http://www.bouldercolorado.gov/files/PDS/BVCP/bvcp. pdf
In summary, approvals of Out-of-city utility permits require compliance with the following key
criteria:
1. Property must be in BVCP Planning Area II
2. No main extensions over 100 feet are permitted.
3. Proposal would not constitute "New Urban Development" as defined in the BVCP
(meaning that the connection would not enable additional density or development
inconsistent with the BVCP)
4. Property is below the "Blue Line."
5. Applicant must sign an agreement to annex into the city when 1/6 contiguity with the city's
boundary occurs. (1/6 contiguity of the perimeter of the lot boundary is a state eligibility
requirement for any annexation).
The last criterion effectively requires that, at the city's request, an applicant must apply to annex if
their property abuts a city annexed property by 1/6th or greater of the subject parcel's perimeter.
Further, this criterion precludes approval of an out-of-city utility permit if the property already has
1/61h contiguity meaning that if a property is eligible for annexation, it should annex into the city
rather than applying for an out-of-city utility permit.
Currently there are approximately 1800 out-of-city utility permits (see Attachment B) that have
been granted periodically since the 1960s. The recent approvals of four permits along Cherryvale
Road in Boulder County raised concern of the City Council in light of the recently annexed Gapter
Road enclave located immediately west of Cherryvale Road. Per sections 11-1-15 "Out-of-City
Water Service," B.R.C. 1981 and 11-2-10, "Out-of-City Sewer Services" B.R.C. 1981, the City
Council has the ability to call up any permit approvals within 30 days of staff decision for review at
a public hearing.
Staff approved the four out-of-city utility permits on August 31, 2010 and the permits were called-up
and reviewed by council on October 19, 2010. A comprehensive analysis and background
information on current annexation policies and out-of-city utility permits are found within the
memorandum to City Council at the following weblink:
http://www.bouldercolorado.gov/files/Clerk/Agendas/2010/10_ 19_2010/5B.pdf
City Council's primary concern was the financial inequity between what property owners who wish
to annex must pay versus those pursuing out-of-city utility permits. At the end of the October 19th
hearing, City Council agreed that the existing criteria could be met for the four properties and
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approved the permits. However, City Council requested a future study session to discuss the
broader aspects of city annexation policies and out-of-city utility permits. The Council also
directed staff to draft amendments to the code to include additional restrictions on such permits as
an interim step before it discusses future changes to city policy related to annexation and the
provision of out-of-city utilities. The council mentioned that such additional restrictions may include
official determinations that septic system failure were imminent and/or water contamination existed
on a site involved in a permit request.
Staff is proposing an additional criterion for each applicable code section to address City Council's
directive. Prior to proceeding to City Council, staff seeks Planning Board input on the proposed
change as well as a motion to City Council.
DISCUSSION
As the City annexes more of the land in Area II of the Comprehensive plan, the distance between
properties that are eligible to annex and the properties that are eligible to receive out-of-city utilities
continues to grow smaller. As a result, the distinction between who has to annex to the City versus
those eligible to remain in the county and receive out-of-city utility services is growing narrower.
The council recognized an example of this when comparing the recent Gapter Road area
annexation with four out-of-city utility requests along Cherryvale Road. While both were in the
same general neighborhood, the Cherryvale Road properties were not required to annex because
they were not immediately eligible to annex because the properties did not have a 1/6 contiguity to
the boundaries of the City.
The Gapter Area annexation was required, in part because most if not all of the properties were not
within 100 feet from a main. In other words, to serve the properties major pieces of infrastructure
needed to be built. On the other hand, the Cherryvale properties directly abutted utility mains.
To address City Council's request, identical criteria are proposed to be added to both section 11-1-
15 related to water service and 11-2-10 related to sewer service that would require a determination
of whether or not it is practically or economically feasible to annex the property into the city. The
proposed language is below:
Out-of-City Water Service
Sections 11-1-15 "Out-of-City Water Service,"B.R.C. 1981
(a) Any person outside of the city limits desiring to make a connection or repair to or disconnect
from the water utility or to use water therefrom shall apply to the city manager for a revocable out-
of-city water permit, which may be issued after approval of the city manager if the manager finds
that the application meets the following conditions:
(1) The property is located within Area 11 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 11 and because of the general public interest
should be served by water service,
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(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;"ana!t
(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, and
(8) It is not practically or economically feasible to annex the property into the city.
In determining whether it is practically or economically feasible to annex the
property, the approving , authority will consider the following
(a) If annexation is to occur by way of a flap pole or the annexation of a
series of parcels of land, the distance of the property from existing city
limits,
(b) Whether an annexation will result in logical boundaries between the
city, unincorporated Boulder County, and other district service
providers:
(c) The effect of an annexation on the efficient delivery of services to the
area by different governmental and quasi-governmental entities; and
(d) The public health factors, including without limitation the likelihood of
imminent septic failure; adverse impacts to the quasi of surface
water or ground water, or other threats to the public health, safe and
welfare.
Out-of-City Sewer Service
11-2-10 Out-of-City Sewer Service.
(a) Any person outside of the city limits desiring to make a connection to the wastewater utility shall
apply to the city manager for a revocable out-of-city wastewater permit, which may be issued after
approval of the city manager if the manager finds that the application meets the following
conditions:
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(1) The property is located within Area 11 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 11 and because of the general public interest
should be served by water 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;"&Rd
(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._and
(8) It is not practically or economically feasible to annex the property into the city.
In determining whether it is practically or economically feasible to annex the
property, the approving authority will consider the following factors:
(a) If annexation is to occur by way of a flag pole or the annexation of a
series of parcels of land, the distance of the property from existing city
limits,
(b) Whether an annexation will result in logical boundaries between the
city, unincorporated Boulder County, and other district service
providers,-
(c) The effect of an annexation on the efficient delivery of services to the
area by different governmental and quasi-governmental entities: and
(d) The public health factors, including without limitation the likelihood of
imminent septic failure; adverse impacts to the quality of surface
water or ground water; or other threats to the public health, safety and
welfare.
The proposed criteria would give the reviewing authority (city staff and/or the City Council in this
case), the ability to determine whether to allow an out-of-city utility permit based on the distance of
the site from the city limits and the logic of whether or not the site is well-integrated into areas that
receive city services. On the other hand, there are county services to consider as well, such as
transportation maintenance, law enforcement and fire protection. This standard is intended to
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provide the approving authority with clear factors to weigh when making decisions about whether to
have a property remain in the county with out-of-city water and sewer services or to require
annexation.
Staff expects the greatest emphasis will be on whether there is evidence that the connection would
be in the interest in the public health as noted in criterion (8)(D) above to avoid the environmental
harm that could occur from failing septic systems or water contamination. This determination would
likely require analysis by a certified engineer, the conclusions of which would be submitted to the
city as part of the process.
RECOMMENDATION
Staff recommends that Planning Board recommend approval of the proposed changes to sections
11-1-15 "Out-of-City Water Service," B.R.C. 1981 and 11-2-10, "Out-of-City Sewer Services."
B.R.C. 1981 to the City Council.
Approved B
D d Driskell, Ex I hector
Department of Community Planning and Sustainability
ATTACHMENTS
A. Draft Ordinance
B. Citywide map showing county properties connected to city water and/or sewer.
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Attachment A
1 ORDINANCE NO.
2 AN ORDINANCE ESTABLISHING ADDITIONAL
3 STANDARDS FOR OUT-OF-CITY UTILITY PERMITS BY
AMENDING TITLE 11, "UTILITIES AND AIRPORT," B.R.C.
4 1981 RELATED TO SECTION 11-1-15, "OUT-OF-CITY
WATER SERVICE," AND SECTION 11-2-10, "OUT-OF-CITY
5 SEWER SERVICE," B.R.C. 1981, AND SETTING FORTH
6 RELATED DETAILS.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
8 COLORADO:
9 Section 1. Section 11-1-15, B.R.C. 1981 is amended to read:
10
11-1-15 Out-of-City Water Service.
11
12 (a) Any person outside of the city limits desiring to make a connection or repair to or
disconnect from the water utility or to use water therefrom shall apply to the city manager
13 for a revocable out-of-city water permit, which may be issued after approval of the city
manager if the manager finds that the application meets the following conditions:
14
(1) The property is located within Area II of the Boulder Valley Comprehensive Plan,
15 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
16 public interest should be served by water service;
17 (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;?
18
(3) The city planning department has determined that the proposal does not constitute
19 new urban development and is consistent with the comprehensive plan;
20 (4) The city has referred the application to the Boulder County Planning Department
under the referral provisions of the comprehensive plan;
21
(5) The service is to be extended to a structure, which contains a legal use, that existed on
22 the effective date of this chapter or to a platted single-family lot existing on the
effective date of this chapter;
23
(6) The property is located below the "Blue Line;" a-ad
24 (7) The property owner agrees in an agreement running with the land to annex to the city
25 as soon as the property is eligible for annexation...; and
26 (8) It is not practically_or economicallyfeasible to annex the-property into the city. In
determiningwhether it is~racticall. or economically feasible to annex the
27 property, the approving authority will consider the following factors:
28 (A) If annexation is to occur by way of a flag pole or the annexation of a series
of parcels of land, the distance of the property from existin2 city limits;
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1 Whether an annexation will result in logical boundaries between the city.
unincorporated Boulder County, and other district service providers,
2
The effect of an annexation on the efficient delivery of services to the area
3 by different governmental and quasi-governmental entities; and
4 D) The public health factors, including without limitation the likelihood of
imminent septic failure; adverse impacts to the duality of surface water or
5 ground water; or other threats to the public health safety and welfare.
6
7 Section 2. Section 11-2-10, B.R.C. 1981 is amended to read:
8 11-2-10 Out-of-City Sewer Service
9 (a) Any person outside of the city limits desiring to make a connection to the wastewater
10 utility shall apply to the city manager for a revocable out-of-city wastewater permit,
which may be issued after approval of the city manager if the manager finds that the
11 application meets the following conditions:
12 (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
13 nature is most appropriately located outside Area II and because of the general
public interest should be served by wastewater service;
14
(2) There is no main extension involved for such service beyond one hundred feet;
15 (3) The city planning department has determined that this proposal does not
16 constitute new urban development and is consistent with the comprehensive plan;
17 (4) The city has referred the application to the Boulder County Planning Department
under the referral provisions of the comprehensive plan;
18 (5) The service is to be extended to a structure, which contains a legal use, that
19 existed on the effective date of this chapter or to a platted single-family lot
existing on the effective date of this chapter;
20 (6) The property is located below the "Blue Line;" end
21 (7) The property owner agrees in an agreement running with the land to annex to the
22 city as soon as the property is eligible for annexation.-;and
8) It is not practically or economically feasible to annex the property into the city. In
23 determining whether it is practically or economically feasible to annex the
24 property. the approving authoritywill consider the following factors:
~AIf annexation is to occur by way of a flagpole or the annexation of a series
25 of parcels of land, the distance of the roe from existing city limits;
26 Whether an annexation will result in logical boundaries between the city
unincorporated Boulder County, and other district service providers,
27
The effect of an annexation on the efficient delivery of services to the area
28 ~ different governmental and d_uasi-governmental entities; and
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1 The public health factors, including without limitation the likelihood of
imminent septic failure: adverse impacts to the quality of surface water or
2 ground water: or other threats to the public health safety and welfare.
3
4 Section 3. This ordinance is necessary to protect the public health, safety, and welfare of
5 the residents of the city, and covers matters of local concern.
6 Section 4. The City Council deems it appropriate that this ordinance be published by title
7
only and orders that copies of this ordinance be made available in the office of the city clerk for
8
9 public inspection and acquisition.
10 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
11 TITLE ONLY this day of , 2011.
12
13
Mayor
14
Attest:
15
16
17 City Clerk on behalf of the
18 Director of Finance and Record
19
20
READ ON SECOND READING, PASSED, ADOPTED, AND ORDERED
21
22 PUBLISHED BY TITLE ONLY this day of , 2011.
23
24 Mayor
25 Attest:
26
27 City Clerk on behalf of the
28 Director of Finance and Record
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