Attachment A - Draft Rezoning Ordinance 8782

Regular Meeting, October 15, 2026 · item 4I: Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8782 rezoning 14.84 acres of land loca… · 16 pages

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ORDINANCE 8782

AN ORDINANCE REZONING APPROXIMATELY 14.84 ACRES OF LAND LOCATED AT 3550 AND 3850 FRONTIER AVENUE AND ADJACENT RIGHT-OF-WAY FROM THE INDUSTRIAL – SERVICE 1 (IS-1), INDUSTRIAL – SERVICE 2 (IS-2), AND INDUSTRIAL – GENERAL (IG) ZONING DISTRICTS TO THE MIXED USE 4 (MU-4) ZONING DISTRICT AS DESCRIBED IN CHAPTER 9-5, “MODULAR ZONE SYSTEM,” B.R.C., 1981, AND AMENDING THE STANDARDS OF TITLE 9, “LAND USE CODE,” B.R.C. 1981, TO ESTABLISH A MAXIMUM FLOOR AREA RATIO OF 3.5 AND A MAXIMUM PERMITTED BUILDING HEIGHT OF 55 FEET FOR PARCELS IN THE REZONING AREA; AND SETTING FORTH RELATED DETAILS.

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THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO FINDS:

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A rezoning request has been submitted to rezone from the Industrial – Service 1

(IS-1), Industrial – Service 2 (IS-2), and Industrial – General (IG) zoning districts to the Mixed

Use 4 (MU-4) zoning district approximately 14.84 acres of land generally located at 3550 and

3850 Frontier Avenue, City of Boulder, County of Boulder, State of Colorado, and including

adjacent right-of-way as more particularly described on Exhibit A attached to this ordinance (the

“Property”).

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The parcels within the Property have a Boulder Valley Comprehensive Plan (the

“BVCP”) land use map designation of Regional Hub: Regional Hubs are major destinations for

community members and visitors to the Boulder Valley. They are busy, high-energy places where

people come to work, visit, shop, dine, and live. Regional Hubs enjoy activity through the day

and night. They include a mix of stores, restaurants, entertainment venues, cultural attractions,

offices and housing.

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In addition, the Property is located within the area subject to the Transit Village

Area Plan (the “TVAP”). TVAP implements the BVCP and provides more specific guidance for

anticipated land uses, design, character, and programming for this area. TVAP was amended in

2023 for the area of the Property (the “2023 Amendments”). The 2023 Amendments plan a

Regional Transit-Oriented Development (TOD) place type for the parcels within the Property. The

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Regional TOD place type intends to maintain opportunities for light industrial and flex uses while integrating public-facing retail and providing transit supportive, attainable housing options. Anticipated allowed uses include dining and entertainment, such as restaurants, taverns, cafes, and event/performances spaces; light industrial; residential, such as attached dwellings, townhomes, and live-work units; retail; personal services; public and institutional uses; and lodging. The anticipated floor area ratio ranges from 1.0 - 3.5.

The 2023 Amendments anticipate

implementation through land use, zoning, funding, and operational changes to achieve the goals

of TVAP. While the land use for TVAP parcels has been changed, the City has not yet considered

broader Land Use Code changes to further implement the 2023 Amendments.

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A public hearing before the Planning Board of the City of Boulder was duly held

on September 22, 2026, in consideration of this request to rezone the Property.

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The Planning Board found that the rezoning of the Property from the Industrial –

Service 1 (IS-1), Industrial – Service 2 (IS-2), and Industrial – General (IG) zoning districts to the

Mixed Use 4 (MU-4) zoning district is consistent with the policies and goals of the BVCP; is

necessary to come into compliance with the BVCP land use map designation of Regional Hub;

and meets the criteria for rezoning as provided in Chapter 9-2, “Review Processes,” B.R.C. 1981;

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The Planning Board recommended that the City Council amend the zoning district

map to include the Property in the Mixed Use 4 (MU-4) zoning district as provided in Chapter 9-

5, “Modular Zone System,” B.R.C. 1981;

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In addition, on February 3, 2026, the Planning Board held a public hearing and

reviewed a concept plan for the area of the Property under LUR2025-00086. The concept plan

proposed construction of an illustrative mixed-use development with an approximately 2,500-

person capacity, 40,000 square feet (“sf”) performing arts & event center; 150-165 hotel rooms;

500 multi-unit dwellings of varying types, such as in-line townhomes and studios through 3-

bedroom units; 30,000 sf of food, beverage, and retail uses; and arts and community spaces,

including 8,500 sf of arts rehearsal space and 7,000 sf of outdoor rooftop park and event space,

and more than 2.3 acres of publicly accessible open space, parks, paths, and plazas (the “Project”).

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The Project is the first redevelopment to be proposed in the TVAP Phase 2 area

since adoption of the 2023 Amendments and represents a unique opportunity to be an anchor

development in the TVAP area and a catalyst of redevelopment in accordance with the TVAP

vision. The Project anticipates multiple phases of development. The Project meets key Regional

Hub goals, including expansion of housing choice; enhancement of Boulder’s arts, cultural and

civic life; strengthening of the local economic vitality, and, support for event and hotel space for

an expanded cultural landscape in the community for future activation that is envisioned in the

City of Boulder Arts Blueprint, which was adopted by the Boulder Arts Commission on March 26,

2026, and for the Sundance Film Festival, which will be held in the city for the next 10 years. The

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Project is consistent with the Boulder Arts Blueprint goals related to the creation of new arts venues, including supporting new spaces for arts and culture by building and improving community facilities (Goal 1: Accessibility and inclusion) and by supporting new cultural

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infrastructure so organizations have safe, affordable, and functional spaces (Goal 5: Nonprofits

and institutions).

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The Project is consistent with the Regional Hub BVCP land use designation and

goals and policies of the BVCP related to support for redevelopment activities that advance community goals for housing and economic vitality, including increasing the city’s housing supply

(Policy 82. Housing Diversity and Supply and Policy 55. Support for Redevelopment), a compact

urban form that integrates land use and transportation (Policy 26. Compact Urban Development,

Policy 27. Integrated Land Use and Transportation, and Policy 29. 15-Minute Neighborhoods),

supporting a vital and productive retail base (Policy 58. Vital and Productive Retail Base),

fostering a healthy, inclusive and resilient economy through collaborative strategies that build on

economic strengths and emerging opportunities (Policy 59. Business and Employment Diversity

and Resilience); supporting a visitor economy (Policy 61. Visitor Economy), supporting a vibrant

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night-time economy (Policy 62. Night Economy), supporting a thriving experiential economy (Policy 63. Experiential Economy), and supporting arts and cultural experiences (Policy 67. Arts, Culture and Heritage). The Project is also consistent with the Regional TOD place type description of TVAP, providing a mixed-use regional transit-oriented development with residential uses and

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a mix of commercial uses, including event and performance space, dining and entertainment, restaurants, and lodging. J.

FAR and buildings up to 55 feet in height. Enabling approval and construction of the Project with a 3.5 FAR and a 55-foot building height consistent with the vision for this area in TVAP is in the interest of the public welfare: The Project is a unique opportunity to revitalize the TVAP Phase 2 area and create a catalyst for additional redevelopment of the TVAP Phase 2 area consistent with

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The City Council supports allowing development of the Project with up to a 3.5

the goals and policies of TVAP and the BVC. The parcels within the Property are distinguished

within the TVAP Phase 2 Urban Design Framework as a planned location for both an Activity

Node and a Southern Anchor outdoor gathering space envisioned to be large enough to allow for

festivals and events.

transportation corridors. TVAP describes these elements as critical to the success of mixed-use

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The area of the Property is also uniquely located adjacent to major

neighborhoods of the TVAP Phase 2 area. Per the BVCP, the city encourages redevelopment activity that advances community goals for housing and economic vitality and may use a variety of creative tools and strategies.

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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO:

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Section 1. Chapter 9-5, “Modular Zone System,” B.R.C. 1981, and the zoning district map forming a part thereof are amended to include the Property as described on the Exhibit A attached to this ordinance within the Mixed Use 4 (MU-4) zoning district. Section 2. The City Council finds that the rezoning of the Property from the Industrial – Service 1 (IS-1), Industrial – Service 2 (IS-2), and Industrial – General (IG) zoning districts to the Mixed Use 4 (MU-4) zoning district is consistent with the policies and goals of the BVCP and clear and convincing evidence demonstrates that rezoning is necessary to bring the Property into

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compliance with the BVCP map. Section 3. Regarding the additional criteria for the MU-4 zoning district per Subsection 92-19(f), B.R.C. 1981, the City Council finds:

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(1) Transportation:

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(A) The Property is subject to the TVAP Connections Plan, a right-of-way plan for the

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immediate area;

(B) The TVAP Connections Plan is capable of implementation to the extent necessary

to serve the Property and to connect to the arterial street network through collector

and local streets, alleys, multi-use paths and sidewalks concurrent with

redevelopment; and

provisions of Section 9-9-8, “Reservations, Dedication and Improvement of Rights-

of-Way,” B.R.C. 1981, without contribution of funds by the city.

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(2) Water, Wastewater and Stormwater Management and Flood Control:

There are

adequate public facilities available for the rezoning area considering that where they

are not already in place, enforceable development agreements and other applicable

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requirements will ensure that:

(A) Water, wastewater, stormwater management and flood control infrastructure

meeting the requirements of the City of Boulder Design and Construction

Standards, adopted City master plans, the BVCP, and TVAP will be in place at the

time the impacts of proposed development occur.

(B) The owners of the parcels and any lots within the Property will pay their fair share

of infrastructure needs of the surrounding areas, as described in city master plans,

subcommunity plans or area plans.

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Section 4. Therefore, the City Council finds that the application meets the criteria for rezoning as provided in Chapter 9-2, “Review Processes,” B.R.C. 1981.

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Section 5. In addition to the rezoning of the Property to MU-4 and as an amendment to

Title 9, “Land Use Code,” B.R.C. 1981, (the “Land Use Code”), (i), pursuant to Section 9-8-2,

“Floor Area Ratio Requirements,” B.R.C. 1981, and Table 8-1, Intensity Standards, the maximum

floor area ratio for the lots and parcels of the Property shall be 3.5, (ii) the FAR for the lots and

parcels of the Property shall be calculated excluding any floor area used as off-street parking,

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bicycle parking, and vehicular circulation that is above grade and provided entirely within a structure, and (iii), pursuant to Section 9-7-5, “Building Height,” B.R.C. 1981, and Table 7-1, Form and Bulk Standards, of Section 9-7-1, “Schedule of Form and Bulk Standards,” B.R.C. 1981, the maximum permitted height on the lots and parcels of the Property shall be 55 ft., without regard to any requirements for height modifications found elsewhere in the Land Use Code, all subject to the following: (1) Development of the lots and parcels of the Property pursuant to the terms of this Section

5 of this ordinance may be approved only pursuant to a site review application under

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Section 9-2-14, “Site Review,” B.R.C. (2) The land area to be included in the initial site review application must encompass all

lots and parcels within the Property. This condition does not require the initial site

18 review application to include a redevelopment proposal for the entire site review land

area.

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(3) The approving authority of a site review application for the Property finds that the site review project meets all applicable requirements of the Land Use Code except as

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modified by this ordinance, or as may be modified through the site review process

pursuant to Section 9-2-14, “Site Review,” B.R.C. 1981.

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(4) The approving authority for (1) the initial site review approval and (2) any subsequent

application for amendment thereto that is for development of the lots and parcels within

the Property that results in an FAR that exceeds 2.0, excludes above-ground floor area

that is off-street parking, bicycle parking or vehicular circulation from the FAR

calculation, and/or proposes principal buildings exceeding 38 feet in height pursuant to

the terms of this Section 5 of this ordinance shall be the Planning Board, subject to call-

up by the City Council pursuant to Section 9-2-7, “Development Review Action,”

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B.R.C. 1981. (5) The approving authority of the site review application finds that the overall development of the lots and parcels of the Property, at full buildout, will generally

include the following types of uses: a performing arts & event center; a hotel; multi-

unit dwellings of varying unit types, such as townhomes, and studios through 3-

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bedroom units; food, beverage, and retail uses; and arts and community spaces, such as

arts rehearsal space and an outdoor at-grade or rooftop park and event space, and

publicly accessible open space, paths, and plazas. The project may provide for phased

development of the lots or parcels of the Property provided that the first phase of

construction of the site review includes a performing arts & event center of at least

20,000 sf in size. At full buildout, the project must also include an arts and rehearsal

space of at least 4,000 sf in size.

(6) The development of the lots and parcels within the Property shall include a Southern

Anchor outdoor open space as identified in the TVAP Phase 2 Urban Design

Framework, intended to offer a flexible community gathering space large enough to

allow for a variety of uses such as festivals and events.

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The specific design,

configuration, and programming of the Southern Anchor outdoor open space shall be

determined through the site review process.

(7) The conditions required by this ordinance shall be included in a decision approving a

site review application for a project on the lots or parcels within the Property that

exceeds 2.0 FAR, excludes above-ground off-street parking, bicycle parking, or

vehicular circulation from FAR calculations, and/or with principal buildings exceeding

38 feet in height pursuant to the terms of Section 5 of this ordinance.

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Section 6. The City Council has jurisdiction and legal authority to rezone the Property. Section 7. The City Council intends that if the rezoning of any portion of right-of-way is found to be invalid by the valid judgment or decree of any court of competent jurisdiction, such invalidity does not affect the rezoning of any portion of the Property that is not right-of-way.

Section 8. The City Council adopts the findings and recitals above into this ordinance.

This ordinance shall be considered an amendment to Title 9, “Land Use Code,” B.R.C. 1981. This

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ordinance shall not be construed to limit the ability of an approving authority of a site review to modify Land Use Code standards through the site review process consistent with Section 9-2-14, “Site Review,” B.R.C. 1981. To the extent that this ordinance conflicts with any other ordinances of the city, such ordinance shall be suspended for the limited purpose of implementing this

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ordinance. Nothing in this ordinance shall be construed as a waiver of the city’s police power.

Section 9. This ordinance is necessary to protect the public health, safety, and welfare of

the residents of the city, and covers matters of local concern. The rezoning of the Property bears

a substantial relation to, and will enhance the general welfare of, the Property and of the residents

of the City of Boulder.

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Section 10. The City Council deems it appropriate that this ordinance be published by title

only and orders that copies of this ordinance be made available in the office of the city clerk for

public inspection and acquisition.

4 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY

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TITLE ONLY this 15th day of October 2026.

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Aaron Brockett Mayor

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Attest:

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Elesha M. Johnson City Clerk

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READ ON SECOND READING, PASSED, ADOPTED, AND ORDERED PUBLISHED

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BY TITLE ONLY this 12th day of November 2026.

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Aaron Brockett Mayor

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Attest:

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Elesha M. Johnson City Clerk

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EXHIBIT A

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LEGAL DESCRIPTION

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Attachment A - Ordinance 8782

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29038

J AM

DO L I CE N WA

COL

LOCATED IN THE EAST HALF OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BOULDER, COUNTY OF BOULDER, STATE OF COLORADO

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L L A ND

Flatirons, Inc. Land Surveying Services

www.FlatironsInc.com

Attachment A - Ordinance 8782

Z . GO

EYO

P RO F

29038

J AM

DO L I CE WA

COL

LOCATED IN THE EAST HALF OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BOULDER, COUNTY OF BOULDER, STATE OF COLORADO

O NA

L L A ND

Flatirons, Inc. Land Surveying Services

www.FlatironsInc.com

Attachment A - Ordinance 8782

Z . GO

EY O

P RO F

29038

J AM

DO L I CE WA

COL

LOCATED IN THE EAST HALF OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BOULDER, COUNTY OF BOULDER, STATE OF COLORADO

ONA

S L L A ND

Flatirons, Inc. Land Surveying Services

www.FlatironsInc.com

Attachment A - Ordinance 8782

Z . GO

EY O

P RO F

29038

J AM

DO L I CE WA

COL

LOCATED IN THE EAST HALF OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BOULDER, COUNTY OF BOULDER, STATE OF COLORADO

ONA

S L L A ND

Flatirons, Inc. Land Surveying Services