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Hogan Pancost Property

Hogan Pancost Property

Current Status of the Site

On Oct. 9 City Council held a study session to discuss potential uses for the Hogan Pancost property. You can review the staff memo to council pdf and the study session summary. pdf 

The City of Boulder purchased the Hogan Pancost property on April 20, 2018. At the Oct. 9, 2018, Study Session, pdf City Council will discuss potential future uses of the site. 

On Feb. 20, 2018, City Council voted to purchase the Hogan Pancost properties. pdf 

More Information: Questions or comments related to the project and process should be sent to Karl Guiler at [email protected] or 303-441-4236.


 

Background on the Site

Prior to the city's purchase of the site, there were efforts by private developers to develop the site. Below is background information on this history.

Hogan-Pancost Concept Plan 2017

The public notice found here pdf contains a description of the project along with information on public hearing scheduled  for Tuesday, October 10, 2017 at 6 p.m (City Council). You can also review the Oct. 17 final memo. pdf 

You can now review the Draft Staff Presentation for the Hogan Pancost Project pdf that will be presented to the Planning Board on Aug. 3 and the Planning Board Packet. 

Land Use Review Application pdf

Project Factsheet pdf

Context Map pdf

Schematic Sketches pdf

Landscape pdf

Trip Generation pdf

Travel Demand Management pdf

Inclusionary Zoning 1 pdf

Inclusionary Zoning 2 pdf

Boulder Creek Commons Written Statement pdf

Following a recommendation of denial from the Planning Board and the September 2013 flood, the applicant withdrew their annexation petition and applications for Annexation and Initial Zoning and Site Review to develop the site at 5399 Kewanee and 5697 South Boulder Road.

In October 2015, the applicant resubmitted an annexation application with no site development plans, and the city distributed a public notice pdf for the project.

In 2015, requests to change the Planning Area designation on the site were also submitted by the Southeast Boulder Neighborhood Association to change the site from Area II (areas anticipated for annexation) to Area III- Rural Preservation (areas to remain in open space) as part of the Boulder Valley Comprehensive Plan update. The applicant submitted a rebuttal requesting that the Planning Area not be changed.  

In January 2016, the Boulder County Planning Commission recommended against further study of the proposed planning area change. Following a recommendation of the Boulder City Planning Board that the county reconsider this decision, the Boulder City Council opted to not move forward with further study of the planning area change.

See ‘Project History’ section below for more information.

February 2017 Concept Plan

Context Map pdf

Revised Concept Plan pdf

Trip Generation pdf

Project Information

The project site is a 22-acre, vacant, unannexed property located at 5399 Kewanee Drive near the East Boulder Recreation Center. The property is eligible for annexation into the City of Boulder and has a Boulder Valley Comprehensive Plan (BVCP) land-use designation of Low-Density Residential.

No formal approvals for development of the site have been issued.  This website will be updated to reflect any application submittals and property owners within 600 feet of the project area will also receive a mailed public notice.

Concept Plan 2016

The proposed 2016 Concept Plan documents can be found here. pdf

Floodplain Mitigation

A portion of the property is located within a regulatory FEMA floodplain, Zone AE (Base Flood Elevations Determined) for South Boulder Creek as shown on the Flood Insurance Rate Map. The affected portion of the property is east of 55th Street. The City of Boulder has of developed revised floodplain mapping for South Boulder Creek. The most recent floodplain mapping, dated December 2006, shows that the majority of the site is in Zone X (500-year floodplain) or not in a floodplain. The areas of Zone AE include the areas in immediate proximity to Dry Creek Ditch No. 2 along the western property line and the area east of 55th Street which was included in previous regulatory mapping.

Any development within the 100-year floodplain will need to meet the requirements prescribed by the city of Boulder Floodplain Regulations (Chapter 9-3, B.R.C. 1981). These requirements include, but not limited to:

  • Elevating all proposed residential structures so that the lowest finished floor elevation is a minimum of two feet above the base flood elevation;
  • Limiting floodwater depths within the subdivision's roadways to allow for emergency access during the event of a flood;
  • Restricting basement construction; and,
  • Flood proofing proposed utility systems. 

Project History

An Annexation and Initial Zoning application was submitted in 2006 (#LUR2006-00099). Several Concept Plan applications have been submitted since that time. Since 2000, three requests have been made by the South East Boulder Neighborhood Association to change the BVCP Planning Area from Area IIA to Area III-Rural Preservation; the most recent of which was made during the Year 2010 Major Update of the BVCP.  As part of the Year 2000 major update to the BVCP, the city and county reviewed a land use suitability study of undeveloped Area II properties to determine their suitability for urban development as part of the consideration to change the Planning Area to Area III-Rural Preservation for the Hogan-Pancost site.

As part of that study, it was concluded by council that the west portion of the Hogan-Pancost site was suitable for residential development while the portion east of 55th Street would be more appropriate for environmental preservation.  Consequently, the city and the county kept the site in Area II, changed the land use designation on the eastern portion of the site to Environmental Protection, and retained the existing Low Density Residential designation on the remaining portion of the site.  Staff has recently recommended against a change to Area III-Rural Preservation pending the results of the environmental study and also to allow the processing of the annexation and initial zoning application.  If it is determined through additional review of the application that the proposal to annex and develop the site is not supportable, reconsideration of the Planning Area change to Area III-Rural Preservation would be appropriate. Staff presented this option to City Council and the council agreed.

Previous efforts to annex and develop the property have faced significant neighborhood opposition related to environmental concerns including wetlands, ground water, flood and wildlife habitat as well as potential impacts to the surrounding neighborhood from additional density and traffic, resulting in the applicant withdrawing their application.  Controversy also surrounded overlot grading to "contain groundwater seepage from irrigation ditches in the area" that occurred in 2008. 

As part of a previous Concept Plan in 2007, which did not proceed to Planning Board for review and was subsequently withdrawn, the property owners agreed that prior to the submittal and review of a subsequent Concept Plan application, the property owners would provide staff with more detailed environmental analyses for the property.

These environmental analyses were completed by the applicant’s consultants and were submitted to the city and city-contracted third party consultants for analysis. The studies were distributed to the neighborhood as well for their review.  These studies were reviewed by the Planning Board at a public hearing on Jan. 6, 2011. At that hearing, Planning Board found that the studies affirmed that the site was suitable for development and noted that a Concept Plan specific to site and building design etc. could be submitted, although there were some follow-up items that that the board requested such as the more on-site testing of neighbors lots, including the East Boulder Recreation Center, if possible to understand the groundwater issues on the site, more analysis of the potential traffic impacts, and additional information related to wildlife mitigation strategies.

In late 2011, a new Concept Plan was submitted and analyzed by city staff and neighbors. Planning Board reviewed the plan on Jan. 19, 2012. In summary, the board ranged on agreement on the appropriateness of development on the site due to the information provided by the Concept Plan and public information provided. The board was unanimous that more scientific information will be needed at the Site Review due to the conflicting information with independent studies prepared by the public.  The chair recommended that information from the public be provided in advance so it can be analyzed by staff and the applicant in a timely manner, especially before the next hearing. This would allow both sides to analyze each other’s reports and allow staff to provide an overview in the memo.

The applicant submitted a Site Review application and associated environmental studies to develop the property in 2012. The project description was as follows:

Proposal to subdivide and develop an existing 22-acre site with 50 congregate care units, six affordable duplex units, two affordable single-family units, and 63 market rate single-family units for a total of 121 dwelling units.  New public rights-of-way are proposed between Kewanee Drive and 55th Street. 

After extensive revisions and review, staff found the proposal consistent with the Site Review criteria of section 9-2-14(h), B.R.C. 1981. Given the complexity of the project, a special study session before Planning Board was scheduled for April 18, 2013. At this study session, staff presented a detailed overview of the history of the project, the findings of the updated studies and a refresher on the BVCP and criteria by which the Planning Board would make a recommendation to City Council.

The public hearing on the Annexation and Initial Zoning and Site Review application occurred on April 24 th , 25 th and 26 th in 2013.  Staff and applicant presentations and public comment were held on the 24 th and 25 th of April with Planning Board clarifying questions on the latter date.  On April 26 th the board deliberated the proposal.

In general, the board felt that the community benefits offered with the project, particular the permanently affordable housing, senior housing close to the senior center, and protection of environmentally sensitive areas, were significant and consistent with the BVCP. However, the following concerns were raised in the deliberations:

  • Considering the reported activity of sump pumps on developed properties in the area, the board discussed the potential effect of the development on groundwater levels and how that may potentially negatively impact already developed properties in the area. There were requests that additional testing be done and more extensive data on groundwater levels be obtained.
  • While stormwater channels were part of the proposed project plans and most of the proposed development would have been located outside of the regulatory (100-year) floodplain, board members were concerned about flooding based on testimony that flooding had been observed on and around the site in the past.
  • Parts of the proposed development, including the proposed congregate care facility would have been located in the 500-year floodplain.  The Board had reservations about allowing a facility for an at-risk population (i.e., seniors) within the 500-year flood plain.
  • Some board members were concerned that the proposed wetland mitigation was not consistent with the Wetlands Ordinance in that there had not been a demonstration that the loss of wetlands on the site were appropriately minimized or mitigated.
  • One board member felt that the environmental issues discussed above could be resolved through effective engineering.
  • A majority of the board felt that RL-2 was appropriate for the site; however, one board member was opposed and alternatively suggested RL-1 zoning because it would permit accessory dwelling units, larger lot sizes and would not permit congregate care – a use the board member found to be incompatible with the neighborhood.
  • One board member found that congregate care should not be permitted as a special use through the annexation process. Another board member expressed concern about the massing of the congregate care structure.
  • Most of the board found the proposed site design consistent and compatible with the surrounding area, although some board members did not think that the layout of the project was conducive to solar energy installation.
  • The board was generally supportive of the vehicular connections through the site, but did express concern about increased traffic impacts on surrounding neighborhoods.

Following extensive deliberation and based on the concerns outlined above, Planning Board did not find the proposal fully consistent with the BVCP or Site Review criteria. The board concluded that the community benefits of the project did not outweigh the potential impacts from development of the site and unanimously recommended that City Council deny the Annexation and Initial Zoning and Site Review applications. The Planning Board passed the following motions:

Motion:

On a motion by S. Weaver and seconded by L. May the Planning Board recommended 7-0 that City Council reject the application for the annexation of the Boulder Creek Commons citing the reasons summarized by the board.

Motion:

On a motion by A. Brockett and seconded by S. Weaver , the Planning Board recommend 7-0 that City Council deny the application for Site Review based on the findings that it failed to meet Site Review Criteria 1A: Consistency with the Boulder Valley Comprehensive Plan.

Motion:

On a motion by A. Brockett and seconded by S. Weaver , the Planning Board recommended 7-0 that should City Council move to approve the annexation, the project should be sent to the Planning Board for a full Site Review process.

Motion:

On a motion by S. Weaver and seconded by J. Putnam , the Planning Board recommended 6-1 ( C. Gray in opposition) to City Council that RL-2 zoning would be acceptable should annexation be approved.

The proposal was scheduled for City Council review on Oct. 3, 2013. However, following the events of the Sept. 11, 2013 flood, the applicant decided to withdraw the application.

In 2015, the Southeast Boulder Neighborhood Associated submitted a request to the city to change the Planning Area designation on the site from Area II (areas anticipated for annexation) to Area III- Rural Preservation (areas to remain in open space) as part of the Boulder Valley Comprehensive Plan update. The applicant has submitted a request that the Planning Area not be changed. These requests are currently being processed simultaneous to this application, LUR2015-00093, to annex the property.

Previous Updates

  • March 8, 2012 -Applicant response to neighborhood comments made at the Jan. 19, 2012 Planning Board meeting
  • Third Submittal  - Applicant Response to City of Boulder Comments
  • Dec. 13, 2012 -Land Use Review Results and Comments from the Development Review Committee.
  • Nov. 5, 2012 - Revised plans for the Boulder Creek Commons project were received.
  • Aug. 8, 2012 - Staff presented a resolution to Planning Board encouraging all parties to provide information in advance of any public hearing so that it may be cross-analyzed by staff, the neighborhood and the applicant in a timely manner. 
  • July 16, 2011 - Development Review Committee (DRC) comments on the Boulder Creek Commons project.
  • July 11, 2012 - Ground Water Recharge Evaluation.
  • June 18, 2012 - The applicant submitted a Site Review and Preliminary Plat application.
  • Jan. 19, 2012 - Planning Board reviewed the proposed Concept Plan.
  • Dec. 22, 2011 -The applicants submitted an updated site plan that included the addition of detached sidewalks, the addition of street trees, and a larger, more centralized interior open space. 
  • Dec. 1, 2011 - The Jan. 5, 2012 Planning Board meeting was postponed. The applicant asked for a later meeting date.
  • Oct. 18, 2011 - Staff received a new Concept Plan application.
  • Feb. 17, 2011 - City Council was provided an update on the project at its Feb. 15, 2011 regularly scheduled meeting. It  was only an update, no action was taken. Read the informational memo provided to council.
  • An Environmental and Feasibility Study was completed for the Hogan-Pancost Property. There are four parts to the study:
    • Book 1 - Executive Summary
    • Book 2 - Conceptual Stormwater Management & Floodplain Mitigation
    • Book 3 - Environmental Reports
    • Book 4 - Transportation Impact Feasibility Study
    • Traffic Feasibility Study Comments
  • The Environmental and Feasibility Study was reviewed by city-contracted, third-party consultants.

Previous Meetings

Sept. 3, 2013 – City Council heard the first reading of the proposed ordinances.

April 18, 2013 - City staff and the Planning Board discussed the background of the site, project history, and the process and standards that the Planning Board must use to review the applications.This meeting was open to the public but was not a public hearing.

Jan. 30, 2013 - A Boulder Creek Commons Public Open House was held at Manhattan Middle School.

Jan. 19, 2012 - The Planning Board reviewed and commented on the new concept plan. The public was invited to attend and provide feedback. Concept Plans are not approved or denied, but rather are an opportunity for the city and residents to comment on general aspects of the proposal before a Site Review application is submitted. All meeting information, including meeting minutes and audio recordings, are on the Planning Board website.

Jan. 6, 2011 - The Planning Board discussed the Environmental and Feasibility Study and determined the applicant's findings to be adequate. The applicant was given the option to submit a new concept plan for review that would ultimately be brought back for board and public review and comment (no approval or denial) on the fundamental site and building design and land use concepts. Review of more detailed applications (i.e., annexation and initial zoning, site review, and preliminary plat) would follow and would also require Planning Board and City Council review.

Previous Updates

  • March 8, 2012 -Applicant response to neighborhood comments made at the Jan. 19, 2012 Planning Board meeting
  • Third Submittal  - Applicant Response to City of Boulder Comments
  • Dec. 13, 2012 -Land Use Review Results and Comments from the Development Review Committee.
  • Nov. 5, 2012 - Revised plans for the Boulder Creek Commons project were received.
  • Aug. 8, 2012 - Staff presented a resolution to Planning Board encouraging all parties to provide information in advance of any public hearing so that it may be cross-analyzed by staff, the neighborhood and the applicant in a timely manner. 
  • July 16, 2011 - Development Review Committee (DRC) comments on the Boulder Creek Commons project.
  • July 11, 2012 - Ground Water Recharge Evaluation.
  • June 18, 2012 - The applicant submitted a Site Review and Preliminary Plat application.
  • Jan. 19, 2012 - Planning Board reviewed the proposed Concept Plan.
  • Dec. 22, 2011 -The applicants submitted an updated site plan that included the addition of detached sidewalks, the addition of street trees, and a larger, more centralized interior open space. 
  • Dec. 1, 2011 - The Jan. 5, 2012 Planning Board meeting was postponed. The applicant asked for a later meeting date.
  • Oct. 18, 2011 - Staff received a new Concept Plan application.
  • Feb. 17, 2011 - City Council was provided an update on the project at its Feb. 15, 2011 regularly scheduled meeting. It  was only an update, no action was taken. Read the informational memo provided to council.
  • An Environmental and Feasibility Study was completed for the Hogan-Pancost Property. There are four parts to the study:
    • Book 1 - Executive Summary
    • Book 2 - Conceptual Stormwater Management & Floodplain Mitigation
    • Book 3 - Environmental Reports
    • Book 4 - Transportation Impact Feasibility Study
    • Traffic Feasibility Study Comments
  • The Environmental and Feasibility Study was reviewed by city-contracted, third-party consultants.

Previous Meetings

Sept. 3, 2013 – City Council heard the first reading of the proposed ordinances.

April 18, 2013 - City staff and the Planning Board discussed the background of the site, project history, and the process and standards that the Planning Board must use to review the applications.This meeting was open to the public but was not a public hearing.

Jan. 30, 2013 - A Boulder Creek Commons Public Open House was held at Manhattan Middle School.

Jan. 19, 2012 - The Planning Board reviewed and commented on the new concept plan. The public was invited to attend and provide feedback. Concept Plans are not approved or denied, but rather are an opportunity for the city and residents to comment on general aspects of the proposal before a Site Review application is submitted. All meeting information, including meeting minutes and audio recordings, are on the Planning Board website.

Jan. 6, 2011 - The Planning Board discussed the Environmental and Feasibility Study and determined the applicant's findings to be adequate. The applicant was given the option to submit a new concept plan for review that would ultimately be brought back for board and public review and comment (no approval or denial) on the fundamental site and building design and land use concepts. Review of more detailed applications (i.e., annexation and initial zoning, site review, and preliminary plat) would follow and would also require Planning Board and City Council review.

 

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