Attachment A_Planning Board Disposition

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CITY OF BOULDER PLANNING BOARD NOTICE OF DISPOSITION You are hereby advised that on December 2, 2025 the following action was taken by the Planning Board based on the standards and criteria of the Land Use Regulations as set forth in Chapter 9-2, B.R.C.1981, as applied to the proposed development.

LOCATION: LEGAL DESCRIPTION:

APPROVED WITH CONDITIONS BOULDER DINNER THEATRE REDEVELOPMENT Form Based Code review for a mixed-use building with 300 dwelling units and ground floor shopfront and production business space. Residences will be a mix of unit types and sizes. 5501 AND 5505 ARAPAHOE AVENUE See Exhibits A and B

APPLICANT:

ERIN BAGNALL, SOPHER SPARN ARCHITECTS

OWNER:

5501 Arapahoe, LLC (Owner of 5501 Arapahoe Ave)

DECISION: PROJECT NAME: DESCRIPTION:

Premier Members Credit Union, who acquired title as Boulder Valley Credit Union (Owner of 5505 Arapahoe Ave) APPLICATION:

Form-Based Code Review, LUR2025-00027

ZONING:

Business - Community 1 (BC-1)(This FBC proposal anticipates rezoning to Mixed-Use 4_(MU-4)

CASE MANAGER:

Chandler Van Schaack

VESTED PROPERTY RIGHT:

NO; the owner has waived the opportunity to create such right under Section 9-2-20, B.R.C. 1981.

APPROVED MODIFICATIONS AND EXCEPTIONS FROM THE LAND USE REGULATIONS: • Section 9-9-5, Site Access Control: Site Access Modification to allow for two site access points where one is generally allowed. • Section 9-9-6, Parking Standards: Modifications to the distribution of long-term/short-term bike parking. A modification is granted to allow 77.5% long-term bike parking and 22.5% short-term bike parking where the code otherwise requires 75% long-term and 25% short-term. • Section 9-14-18, General Building Type Standards, to allow for 70 percent impervious coverage where 65 percent is the maximum otherwise allowed. • Section 9-14-14(h), Required Streetwall Variation: to allow for the streetscape plazas along Arapahoe Avenue to extend from the right-of-way to where their northern boundary is shown on the Applicant’s plans dated October 10, 2025, where otherwise the streetscape plazas would have to extend to the 20-foot maximum setback. FOR CONDITIONS OF APPROVAL SEE THE FOLLOWING PAGES OF THIS DISPOSITION. This decision may be called up by the City Council on or before January 2, 2025. If no call-up occurs, the decision is deemed final on January 3, 2025. FOR A BUILDING PERMIT APPLICATION TO BE PROCESSED FOR THIS PROJECT, A SIGNED DEVELOPMENT AGREEMENT AND SIGNED FINAL PLANS MUST BE SUBMITTED TO THE PLANNING DEPARTMENT WITH DISPOSITION CONDITIONS AS APPROVED SHOWN ON THE FINAL PLANS. IF THE DEVELOPMENT AGREEMENT IS NOT SIGNED WITHIN NINETY (90) DAYS OF THE FINAL DECISION DATE, THE APPROVAL AUTOMATICALLY EXPIRES.

Pursuant to Section 9-2-12 of the Land Use Code (B.R.C. 1981), the Applicant must obtain applicable building permit approvals and start construction within three years from the date of final approval or in compliance with the phasing plan if one was approved. Failure to comply with the three-year rule or approved phasing may cause this development approval to expire. At its public hearing on December 2, 2025, the Planning Board approved the request with the following motion: On a motion by M. McIntyre, and seconded by C. Hansom-Thiem, the Planning Board voted 4-3 to approve Form-Based Code Review application #LUR2025-00027, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria, and subject to the recommended conditions of approval with the following sentences to be added to the condition 3.b.: The final plans shall show the production business space with a minimum floor to ceiling height of 12 feet; and The final site plans shall note an exception for the streetscape plazas along Arapahoe Avenue to allow them to extend from the right-of-way to where their northern boundary is shown on the Applicant’s plans dated October 10, 2025, where otherwise the streetscape plazas would have to extend to the 20-foot maximum setback. An addendum to the written statement shall be filed with the final plans describing how the standards applicable to the exception are met. And finding, additionally, that the proposed streetscape plaza exception is generally consistent with the goals and intents of the East Boulder Subcommunity Plan and Station Area Master Plan in that the proposal assists in the creation of a mixed-use, transit-oriented neighborhood rich with amenities and services and that this exception will not create any adverse impacts on residents of the development or surrounding properties beyond what is ordinarily expected through implementation of the standards within Chapter 9-14, “Form-Based Code,” B.R.C. 1981, because the project creates interesting variety in the Arapahoe Avenue streetwall. Form-Based Code Conditions of Approval 1. The Applicant shall ensure that the development shall be in compliance with all plans prepared by the Applicant on October 10, 2025, all on file in the City of Boulder Planning Department, except to the extent that the development may be modified by the conditions of this approval. 2.

At the time construction of the improvements of this approval starts, this approval shall supersede the following approval: • Drive-In Review #D-86-2

3. Prior to a building permit application, the Applicant shall submit, and obtain City Manager approval of, a Technical Document Review application for the following items: a.

Final architectural plans, including material samples and colors, to ensure compliance with this approval and the standards of Chapter 9-14, “Form-Based Code,” B.R.C. 1981. The architectural design, elevations, and details shown on the plans prepared by the Applicant on October 10, 2025 are acceptable. Planning staff will review plans to ensure consistency with this approval and the Form-Based Code.

A final site plan which includes detailed floor plans and section drawings. The plans shall demonstrate that the development will meet electric vehicle charging requirements under the City of Boulder Energy Conservation Code and that off-street parking of the development will meet the requirements of the Americans with Disabilities Act. The final plans shall show streetlights in locations that meet the streetlighting design standards of the City of Boulder Design and Construction Standards. The final plans shall also show the production business space with a minimum floor to ceiling height of 12 feet and shall note an exception for the streetscape plazas along Arapahoe Avenue to allow them to extend from the right-of-way to where their northern boundary is shown on the Applicant’s plans dated October 10, 2025, where otherwise the streetscape plazas would have to extend to the 20-foot maximum setback. An addendum to the written statement shall be filed with the final plans describing how the standards applicable to the exception are met.

A final utility report and plan meeting the City of Boulder Design and Construction Standards.

A final storm water report and plan meeting the City of Boulder Design and Construction Standards.

Final transportation plans meeting the City of Boulder Design and Construction Standards and CDOT Access Code Standards, for all transportation improvements. These plans must include but are not limited to: street plan and profile drawings, street cross-sectional drawings, signage and striping plans in conformance with Manual on Uniform Traffic Control Devices (MUTCD) standards, transportation detail drawings, geotechnical soils report, and pavement analysis.

CDOT access permit meeting the CDOT Access Code Standards for all transportation improvements within the CDOT right-of-way, including the removal of the existing Arapahoe Avenue access.

CDOT access permit meeting the CDOT Access Code Standards for all utility improvements within the CDOT right-of-way, including the relocation of the existing hydrants.

A detailed landscape plan, including size, quantity, and type of plants existing and proposed; type and quality of non-living landscaping materials; any site grading proposed; and any irrigation system proposed, to ensure compliance with this approval and the City's landscaping requirements. Removal of trees must receive prior approval of the Planning Department. Removal of any tree in City right of way must also receive prior approval of the City Forester. The final landscape plan shall show the northernmost street tree proposed for the 55th Street frontage (Catalpa speciosa) within the right-of-way landscape strip between the roadway and the sidewalk and the sidewalk continuing to the north property line.

A detailed outdoor lighting plan showing location, size, and intensity of illumination units, indicating compliance with section 9-9-16, B.R.C.1981.

A detailed shadow analysis to ensure compliance with the City's solar access requirements of section 9-9-17, B.R.C. 1981.

An address plat following the city’s addressing policy to create a new address.

Prior to approval of the Technical Document Review application required under Condition 3, above, the Applicant shall demonstrate that the development will meet the city’s floodplain regulations in Chapter 9-3, “Overlay Districts,” B.R.C. 1981, and has obtained city approval of the floodplain development permit required for this development.

Prior to a building permit application, the Applicant shall submit and receive approval of a Land Use Review application for a Preliminary Plat and a Technical Document Review application for a Final Plat and shall execute a subdivision agreement, all meeting the requirements of Chapter 9-12, “Subdivision,” B.R.C. 1981, which provide, without limitation and at no cost to the City, for the following, unless otherwise approved by the City Manager: a. The dedication, to the City, of all rights-of-way and easements shown on the approved plans or necessary to serve the development. b. The vacation of all easements where vacation is necessary for construction of the development. c.

A financial guarantee, in a form acceptable to the City Manager, in an amount equal to the cost of constructing all public improvements necessary to serve the development.

d. The construction of all public improvements necessary to serve the development. 6.

The Applicant shall ensure that the development shall be in compliance with the Transportation Demand Management (“TDM”) Plan dated October 10, 2025, on file in the City of Boulder Planning Department. a. Prior to a building permit issuance, the Applicant shall submit a financial guarantee, in a form acceptable to the Director of Public Works, in an amount equal to the cost of providing eco-passes to the residents of the

development for three years after the issuance of a certificate of occupancy for each dwelling unit as proposed in the Applicant’s Transportation Demand Management (TDM) plan. b. Prior to a building permit issuance, the Applicant shall submit a financial guarantee, in a form acceptable to the Director of Public Works, in an amount equal to the cost of providing eco-passes to the employees of the development for three years after the issuance of a certificate of occupancy. 7.

This approval anticipates adoption of one or more ordinances by City Council rezoning the Property, generally located at 5501 Arapahoe Avenue and 5505 Arapahoe Avenue, to the Mixed Use 4 (MU-4) zoning district. The Applicant assumes the risk that if the Property is not rezoned, this approval may require an amendment or additional development reviews may be required prior to submittal of a Technical Document Review application.

Prior to connection to the water utility, the Applicant shall demonstrate to the city manager’s satisfaction that 5505 Arapahoe Ave is included in the Northern Water Conservancy District and Municipal Subdistrict thereof.

Prior to approval of the Technical Document Review application for the final plat, the Applicant shall demonstrate subject to city manager approval that the private ingress/egress easement recorded at Reception No. 211633 on February 22, 1977, has been extinguished.

10. The Applicant is responsible for maintaining all stormwater quality improvements and stormwater detention improvements consistent with the requirements of the City of Boulder Design and Construction Standards including but not limited to the green roofs and biofiltration systems. Approved On:

By:

December 2, 2025 Date

Brad Mueller, Secretary of the Planning Board

EXHIBIT A LEGAL DESCRIPTION (5501 Arapahoe Avenue) A parcel of land situate in the Southwest One-Quarter of Section 27, Township 1 North, Range 70 West of the 6th P.M., County of Boulder, State of Colorado, more particularly described as follows: Commencing at the Southwest corner of said Section 27; Thence North 89 Deg. 59’ East, a distance of 30 feet; Thence North 0 Deg. 12’40” West, a distance of 60.30 feet to the True Point of Beginning; Thence continuing North 0 Deg. 12’40” West, a distance of 3569.70 feet; Thence North 89 Deg. 59’ East, a distance of 170.00 feet; Thence South 0 Deg. 12’40” East, a distance of 366.65 feet; Thence North 87 Deg. 40’30” West, a distance of 170.16 feet to the True Point of Beginning; EXCEPT those portions conveyed to the City of Boulder by Warranty Deed recorded November 7, 19083 as Reception No. 586690.

EXHIBIT A LEGAL DESCRIPTION (5505 Arapahoe Avenue) A TRACT OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 27, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 27; THENCE NORTH 89°59' EAST, A DISTANCE OF 30 FEET; THENCE NORTH 0°12'40" WEST, A DISTANCE OF 420.00 FEET; THENCE NORTH 89°59' EAST, A DISTANCE OF 170.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°59' EAST, A DISTANCE OF 160.00 FEET; THENCE SOUTH 0°12'40" EAST, A DISTANCE OF 373.20 FEET; THENCE NORTH 87°40°30" WEST, A DISTANCE OF 160.16 FEET; THENCE NORTH 0°12'40" WEST, A DISTANCE OF 366.65 FEET TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM THE SOUTHERLY 5 FEET AS CONVEYED TO THE CITY OF BOULDER BY MELVILLE B. LINDQUIST IN DEED RECORDED NOVEMBER 7, 1983 ON FILM 1278 AS RECEPTION NO. 586689, TOGETHER WITH AN EASEMENT AND RIGHT OF WAY FOR THE PURPOSE OF PROVIDING INGRESS AND EGRESS FROM 55TH STREET TO SUBJECT PROPERTY, AS LOCATED IN THE COUNTY OF BOULDER, AS RESERVED BY MELVILLE B. LINDQUIST IN DEED TO BOULDER'S DINNER THEATER, LTD., RECORDED FEBRUARY 22, 1977 ON FILM 954 AS RECEPTION NO. 211633, SAID EASEMENT BEING 30.00 FEET IN WIDTH DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 27, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH P.M.; THENCE NORTH 89°59' EAST, A DISTANCE OF 30.00 FEET; THENCE NORTH 0°12'40'' WEST, A DISTANCE OF 371.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 0°12'40" WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH 89°59' EAST, A DISTANCE OF A DISTANCE OF 170.00 FEET; THENCE SOUTH 0°12'40" EAST, A DISTANCE A DISTANCE OF 30.00 FEET; THENCE SOUTH 89°59' WEST, A DISTANCE OF 170.00 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH A NON-EXCLUSIVE EASEMENT AS RESERVED BY MELVILLE B. LINDQUIST IN DEED TO BOULDER'S DINNER THEATER, LTD., RECORDED FEBRUARY 22, 1977 ON FILM 954 AS RECEPTION NO. 211633, BEING A 20-FOOT WIDE EASEMENT OVER THE EAST 20 FEET OF THE SOUTH 156.95 FEET OF THE FOLLOWING DESCRIBED PROPERTY: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 27; THENCE NORTH 89°59' EAST, A DISTANCE OF 30 FEET; THENCE NORTH 0°12'40'' WEST, A DISTANCE OF 60.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 0°12'40" WEST, A DISTANCE OF 359.70 FEET; THENCE NORTH 89°59' EAST, A DISTANCE OF 170.00 FEET; THENCE SOUTH 0°12'40" EAST, A DISTANCE OF 366.65 FEET; THENCE NORTH 87°40'30" WEST, A DISTANCE OF 170.16 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF BOULDER, STATE OF COLORADO.