[bouldercouncilhotline] Hotline: Hogan Pancost - Next Steps

[cmosupport at bouldercolorado.gov]

Sender: Gehr, David

Dear Members of the City Council,

Members of the CAC asked staff to provide an update about the scheduling of the consideration of a petition to annex the property located at 5399 Kewanee Drive, often called the Hogan Pancost property.    This petition had been scheduled on the City Council calendar for consideration in June.   The item will be rescheduled to a later date after the Planning Board completes its review.

Before City Council makes a decision on an annexation, Planning Board will make a recommendation on the request to annex.  The Planning Board held a public hearing on this annexation request on April 28th.    The applicant did not move the annexation request with a concept plan or a site plan for the property. On April 28, Planning Board heard a staff presentation, an applicant presentation, and public testimony, and Board members asked questions of staff, the applicant team, and some members of the public.  At 11 p.m., 5 hours after commencement of the item, the Board had not yet started its deliberation of the request.  In light of the late hour, the Board moved to continue the item to May 23rd to allow for a thorough Board discussion and analysis of the request.

On May 10th, the applicant requested that the application be put on hold and that the Planning Board hearing on May 23rd be continued to a later date.  The application was not withdrawn.  Further, the applicant asked that the annexation petition be heard together with a concept plan that it intends to submit in the near future.

The procedural rules of the Planning Board authorize a continuance of a Planning Board agenda item, if an applicant requests such continuance not less than 48 hours prior Planning Board meeting.   The Applicant made a timely request under the rules.  The item is being rescheduled so as to allow for consideration of the concept plan alongside the annexation application.  In light of Planning Board's recess and otherwise heavy meeting agendas, this will likely not occur until at least August or later this year.  Much of this depends on what the applicant submits for review and the subsequent staff analysis of those materials.

The continuance of the Planning Board hearing is consistent with the Board's Procedural Rules.  It does not create any legal risks or obligations for the city.  Following Planning Board recommendation on the request for annexation, City Council will be asked to make a decision on the request.  Council's decision can take into consideration and can incorporate the concept plan that will be submitted by the applicant.  Given that the petition will include a great deal of additional information, staff will likely advise that the Planning Board public hearing on the matter be reopened.

Please feel free to contact Hella Pannewig, Assistant City Attorney, Charles Ferro, Land Use Review Manager, or me if you have any further questions.

Best,
David

David Gehr, Deputy City Attorney
City of Boulder
Office of the City Attorney
P.O. Box 791
1777 Broadway
Boulder CO 80306
(303)441-3020
gehrd at bouldercolorado.gov