For years many of us have believed that the Hogan/Pancost property would be an important addition to the Open Space lands. Many residents are surprised to learn that this land is not Open Space. It is adjacent to the South Boulder Creek corridor, it is laced with wetland areas surrounding irrigation ditches, (including a regulatory wetland), it has historic wetlands that have been destroyed due to illegal fill that could be restored and it has great potential as habitat for critical species in the area.

We, the residents of the local neighborhoods, like most residents of Boulder, have gladly paid taxes for OSMP lands. Now we ask the question why isn't this parcel of land protected as Open Space. Why isn't it deserving of the same protection as the other lands in the system.

When recently asked this question the Open Space Board of Trustees deferred to City Staff. Their response was that Boulder Valley Comprehensive Plan (BVCP) does not allow for the purchase of Open Space for lands designated as Area II. That there is an agreement with the County that Area II lands are not to be purchased as Open Space.

We disagree with this assessment. Not buying this land violates the spirit of both the BVCP as well as the City Charter. To clarify this matter we asked Boulder County their position on the matter and received the following response from Peter Fogg, the Long Range Planning Manager for the County.

There is nothing in the BVCP policies or in the city/county intergovernmental agreements which I am familiar with that states "Area II designation [in the BVCP] is an agreement with the county not to buy land for open space".

So perhaps there is something else in the City Charter, the BVCP or the Long Range Plans of the Open Space Department that disqualifies this property as a candidate for purchase as Open Space.

City Charter

The city charter describes 8 purposes for Open Space land:

Open space land shall be acquired, maintained, preserved, retained, and used only for the following purposes:
(a) Preservation or restoration of natural areas characterized by or including terrain, geologic formations, flora, or fauna that are unusual, spectacular, historically important, scientifically valuable, or unique, or that represent outstanding or rare examples of native species;
(b) Preservation of water resources in their natural or traditional state, scenic areas or vistas, wildlife habitats, or fragile ecosystems;
(c) Preservation of land for passive recreational use, such as hiking, photography or nature studies, and, if specifically designated, bicycling, horseback riding, or fishing;
(d) Preservation of agricultural uses and land suitable for agricultural production;
(e) Utilization of land for shaping the development of the city, limiting urban sprawl, and disciplining growth;
(f) Utilization of non-urban land for spatial definition of urban areas;
(g) Utilization of land to prevent encroachment on floodplains; and
(h) Preservation of land for its aesthetic or passive recreational value and its contribution to the quality of life of the community.

If one were to objectively look at the Hogan/Pancost property it is clear that it more that meets each and every one of these purposes. Furthermore, there probably has not been a parcel of land purchased by the Open Space department in many years that satisifes these criteria more than Hogan/Pancost does.

Boulder Valley Comprehensive Plan (BVCP)

It is pretty clear that both the spirit and the letter of the BVCP are centered around defining where and how the city can grow. It does not put limits on where and how the city cannot grow (i.e., where land can be purchased for open space purposes).

Staff has stated that Area II designation precludes Open Space purchase. We and the County disagree. Section 1.20, "Definition of Comprehensive Planning Areas I, II, And III", of the BVCP describes Area II lands as:

Area II is the area now under county jurisdiction, where annexation to the city can be considered consistent with Policies 1.16, 1.18, & 1.25. New urban development may only occur coincident with the availability of adequate facilities and services and not otherwise. Departmental master plans project the provision of services to this area within the planning period. Area IIA is the area of immediate focus within the first three years, and Area IIB is available to accommodate development within the balance of the planning period.

Section 1.25, "Annexation" states:

(g) Area II is anticipated to become part of the city within the planning period.

This section doesn't state that Area II must be annexed, it simply states that that is the anticipated use. Furthermore, the BVCP specifically acknowledges that acquired open space property can be annexed. Section 1.25.(f) states:

There will be no annexation of areas outside the boundaries of the Boulder Valley Planning Area, with the possible exception of annexation of acquired open space.

This section implictly states that the City can purchase Open Space land in Area II. The rationale behind this conclusion is that only Area II lands can be annexed so that the lands that this section describes must be in Area II. This section then describes that this annexed land can be acquired Open Space.

The BVCP goes on to describe the purposes of Open Spacee

2.05 Open Space Preservation.
The city and county will preserve lands with unique natural features and characteristics as permanent open space by purchasing development rights, fee simple gifts or purchases, and other measures as appropriate and financially feasible.

This section puts no retrictions on where Open Space lands can be purchased. The BVCP goes on to state concerning land use designations:

Open Space designations are not intended to limit acquisition, but to be indicative of the broad goals of the program.

Other property which meets Open Space purposes and functions should be considered and may be acquired.

From this, one would assume that there are even no restrictions on purchasing Open Space property that is already annexed to the City. We would not be surprised that there have been Open Space purchases of annexed land in the recent past. For example, in minutes of an OSBT meeting concerning the Boulder Junior Academy site at 2641 Fourth Street it states:

OSMP purchased part of the property in 1995 as well as an easement for a trail access.

The BVCP goes on (in Section 2.08) to state:

2.08 Preservation of Rural Areas and Amenities.
The city and county shall attempt to preserve existing rural land use and character in and adjacent to the Boulder Valley where environmentally sensitive areas, hazard areas, agriculturally significant lands, vistas, significant historic resources, and established rural residential areas exist. A clear boundary between urban and rural areas at the periphery of the city will be maintained, where possible.

and even more:

4.07 Ecosystem Connections and Buffers.
The city and county recognize the biological importance of preserving large areas of unfragmented habitat. The city and county will work together to preserve, enhance, restore and maintain undeveloped lands critical for providing ecosystem connections and buffers for joining significant ecosystems. These areas are important for sustaining biological diversity and viable habitats for native species and for minimizing impacts from developed lands.

Clearly, the Hogan/Pancost property serves an important buffer to the sensitive Open Space lands to the east.

Management Plans

The OSMP Long Range Management Plan states:

Acquisitions will be pursued on the basis of:
Lands under threat of immediate development or degradation;
(127 homes and 30000 cubic yards of fill dirt probably will degrade this parcel somewhat)

Lands that would allow the Program to better meet its goals, such as areas critical for protecting a watershed, sites critical for the continued existence of a species, significant wetlands or habitat critical for wildlife;
(City Charter criteria defines the goals of the OSMP. The city has stated that past development in the area has negatively affected ground water levels and wetlands in the area.)

Lands providing continuity with existing Open Space properties, uses, buffers, ecosystems that complement existing Open Space, or lands that abut existing public lands;
(Hogan/Pancost abuts South Boulder Creek Open Space and serves as an important buffer)

The suitability of this parcel as OSMP land is readily evident when reading the OSMP management objectives for South Boulder Creek. e.g.:

• Preserve and maintain native plant communities, protect rare species and communities, and restore native vegetation in suitable areas.
• Enhance wildlife habitat and species diversity by improving or restoring sensitive species habitat and by creating patch mosaics of different composition and structure.
• Protect and maintain rare species and communities of special concern.
• Restore or enhance suitable wetlands and riparian areas.
• Create and/or enhance habitat for Preble's meadow jumping mouse.
• Identify parcels of land for potential acquisition to decrease habitat fragmentation.

Cost

The cost of this land has been raised in the past as an issue. However, the city sees fit to purchase land many miles from Boulder:

• 9 miles north of town in Hygiene.
• 5 miles south of town in Jefferson County.
• In the east County near Lafayette.
• Up on Davidson Mesa by Superior.
• West of Eldorado Canyon
• etc.

Why can't they see fit to purchase this parcel:

Hogan/Pancost