Quasi Judicial Memo

City of Boulder City Council Quasi-Judicial Agenda Item Meeting Date: October 15, 2026 Agenda Title Consideration of a Landmark Alteration Certification Application for changes within the landmark boundary of the Glen Huntington Bandshell at 1236 Canyon Blvd., an individual landmark., pursuant to Section 9-11-18 of the Boulder Revised Code 1981 and under the procedures prescribed by chapter 1-3, “Quasi-Judicial Hearings,” B.R.C. 1981 Item will be CONTINUED to the regular meeting on November 19, 2026. Public testimony WILL BE HEARD at the November 19 meeting.

Staff Contact • •

Brad Mueller, Director, Planning and Development Services Marcy Gerwing, Principal Planner, Planning and Development Services

Draft Motion Language Motion to continue the public hearing to the regular meeting on November 19, 2026. OR Motion to approve Landmark Alteration Certificate number HIS2026-00219, subject to the recommended conditions of approval and adopting the staff memorandum as findings of fact. Conditions of Approval 1. The applicant shall be responsible for completing the work in compliance with the approved plans, except as modified by these conditions of approval.

2. Prior to submitting a building permit application and final issuance of the Landmark Alteration Certificate, the applicant shall submit the following, which shall be subject to final review and approval by staff to ensure that the relocation is consistent with the General Design Guidelines and the intent of this approval: a. Final review of colors and material of decking and railing of “The Porch” b. Tree protection plan 3. For good cause shown, the approval period is extended to December 31, 2028.

Executive Summary The purpose of this item is to review and take action on Landmark Alteration Certificate number HIS2026-00219 for proposed changes within the Glen Huntington Bandshell landmark site. This project is part of the Boulder Creek Park Phase 2 Park Improvements (formerly Central Park and Civic Area). The criteria for review is found in Section 9-11-18, Standards for Issuance of a Landmark Alteration Certificate, B.R.C., 1981. On Sept. 2, 2026, the Landmarks Board held a public hearing and denied the application on a 2-3 vote, finding that the proposal did not meet the code criteria. Seven people spoke in opposition of the proposal at the Landmarks Board hearing. Prior to the meeting, Colorado Preservation Inc., a statewide historic preservation advocacy group, wrote a letter in support of the proposal. The staff memorandum to the Landmarks Board recommending approval of the application is available online in the records archive, Sept. 2, 2026 Landmarks Board Memorandum and a video recording of the hearing is available online (item starts at the 2 hour mark): Sept. 2, 2026 Landmarks Board Hearing. The draft meeting minutes are available in the Oct. 7, 2026 Landmarks Board packet. Attachments to this memo include a letter from the applicant (Attachment A) and the public comment letter from Colorado Preservation, Inc. Staff recommends that Council approve the application, finding that the proposal meets the code criteria, in that: 1. The proposal will be generally consistent with the purposes of the Historic Preservation chapter of the Boulder Revised Code, in that the proposed work will not damage the historic character of the Glen Huntington Bandshell site; 2. The proposed work will not damage or destroy the exterior architectural features of the property;

3. The architectural style, arrangement, texture, color, and arrangement of color and materials in the proposed design will be generally compatible with the character of the existing structure and its site; and 4. The proposed work will not adversely affect the special character or special historic, architectural, and value of the subject property, as it is generally consistent with the General Design Guidelines and Section 9-11-18(b)(3) of the Boulder Revised Code 1981. Additionally, staff consider the following: •

•

•

The Glen Huntington Bandshell is Boulder’s only landmarked historic outdoor theater. Without interior space, changes are prominently visible and require an intentional approach to adapting the historic site for modern needs. Staff used the methodology in Preserving Landscape Experience in Historic Outdoor Theaters (2022). The framework was prepared by University of California faculty and funded by a National Park Service grant and provides a national context and best practices for guiding change in historic outdoor theaters. Boulder Parks and Recreation (BPR) staff utilized the methodology and Planning and Development Services (P&DS) staff used the framework to assess changes to the Glen Huntington Bandshell site. The proposed design is supported by Colorado Preservation, Inc. (CPI), a state-wide preservation advocacy group. CPI listed the Glen Huntington Bandshell as one of Colorado’s Most Endangered Places in 2015 following an earlier proposal to remove the seating. Their letter states that while they would prefer the original seating be preserved, the “proposed replacement seating would retain the scale, rhythm, and radial configuration of the historic seating, and planning has benefited from a thoughtful study of how historic outdoor theaters can accommodate change while retaining their defining character.” Of the four preservation approaches defined by the National Park Service, the Landmarks Board adopted the Standards for Rehabilitation to help guide change of locally designated properties. Rehabilitation is defined as “the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values. The Rehabilitation Standards acknowledge the need to alter or add to a historic building to meet continuing or new uses while retaining the building’s historic character.” https://www.nps.gov/orgs/1739/secretary-standards-treatment-historicproperties.htm

Council Action Options Option

Outcome

Approve the application

If the application is approved, the Landmark Alteration Certificate will be issued, and the project will continue as proposed.

Approve the application with additional conditions

Council would need to draft any modifications to the draft motion language and approval, based on the criteria for review.

Deny the application

If the application is denied, a substantially similar application may not be submitted within 12 months.

Key Issues 1. Is the proposal consistent with the Standards for Landmark Alteration Certificates in Section 9-11-18, B.R.C. 1981?

Background Property Description & Site Context The Glen Huntington Bandshell is located in Boulder Creek Park (previously known as Central Park and the Civic Area), on the south side of Canyon Blvd. between Broadway and 13th Street. The landmark boundary encompasses the northern 170 feet of Block 13, Original Townsite1, extending from Broadway to 13th Street, and from Canyon Boulevard to approximately the north side of the crosswalk at 13th St. Elements within the landmark boundary include the bandshell structure, amphitheater seating, pedestrian paths, stone retaining wall, light poles, waste enclosures, signage, mature trees and small shrubs. Ground cover includes pea gravel, paved paths, lawn and wood chips.

1 Ordinance 5751. Oct. 17, 1995. http://lfprod/WebLink/DocView.aspx?id=4347202&dbid=0&repo=LF8PROD

Figure 1. Aerial view of the Glen Huntington Bandshell site with landmark boundary outlined in yellow, 2024.

Figure 2. South elevation of bandshell with seating in the foreground.

The bandshell was constructed in 1938 in the Art Deco style. The amphitheater seating was constructed in 1950 and includes fifteen rows of benches on a sloped berm. The seats are divided into five sections by concrete paths. The benches have concrete bases and painted wood planks. The benches are located approximately 38 feet from the bandshell structure. The seating provides views of the stage, dancing area to the north, and landscape views within the park and toward the Flatirons to the south and west.

Figure 3. Glen Huntington Bandshell in Boulder Creek Park as viewed from Broadway (facing northeast), August 2026.

The bandshell is an outdoor theater within a park setting. Mature trees create a sense of enclosure and create a visual barrier between the park and Canyon Boulevard and Broadway and provide a shaded canopy. The ground under the trees along 13th Street is largely bare, with some wood chips. Lawn is located at the northeast corner of the park and along the northwest edges. There is one Champion Tree within the landmark boundary.3 Paved paths within the landmark boundary include diagonal paths from the corners of Canyon and Broadway and Canyon and 13th Street. A portion of a multiuse path extends into the landmark boundary on the western edge of the park, and a flagstone

3 Shumard Oak, TREE37054, fair condition, 52" DBH (Diameter [at] Breast Height). Provided by applicant.

path connects to it from the diagonal path in the northwest corner of the site. The area in front of the stage is covered in pea gravel and the seating area is paved. A low retaining wall is located behind the seating, and was constructed at an unknown date. Reference the Sept. 2, 2026 Landmarks Board Memorandum for additional photographs and property history.

Application Description The following section provides analysis of key elements of a historic outdoor theater, including seating; stage structures, lighting and sound; ticketing, comfort stations and concessions; and contemporary building and accessibility codes. Additionally, there are other park features proposed within the landmark boundary, including paved pathways, a raised deck, and nature discovery area. Seating The existing bench seating is proposed to be removed and replaced with a sloped lawn with integrated concrete benches. The application describes that the increased space and terraced lawn are intended to provide more flexible space and use of the seating.

Figure 41. Existing and proposed site plan. Provided by applicant.

The slope is proposed to be re-graded, by pushing the seating forward. This maintains the berm height at the south edge of the seating as well as the cut and fill level, and norise condition to meet floodplain regulations. The front row of the existing seating is approximately 38 feet from the bandshell structure, where the proposed seating is shown to start approximately 28 feet from the bandshell. The existing benches extend

approximately 39 feet, with 15 rows of benches spaced approximately 1 foot 6 inches apart. The proposed terraced lawn extends 56 feet, with 5 rows of benches spaced approximately 11 feet apart. The proposed benches mimic the same radial layout, are simple in design, and provide backless seats. The estimated capacity of the current seating is 600 people, where the proposed seating can accommodate 686 people, with varied seating types.5

Figure 52. Left: Existing view of bandshell and seating, facing northwest. Right: Rendering showing proposed similar view.

Figure 6. Existing view of bandshell and seating, facing north. Right: Rendering showing proposed similar view.

5 227 bench, 18 wheelchair, and 441 chairs or 90 four-person picnic blankets (on grass).

Figure 7. Existing view of bandshell, paths and seating, facing northwest. Right: Rendering showing proposed similar view.

Pedestrian pathways designed to be accessible for all abilities are proposed to arc in front of and behind the seating. The path behind the seating is shown to slope up from the east and be bordered by a retaining wall. The retaining wall is proposed to have a maximum height of 40 inches and feature signage for the Glen Huntington Bandshell. The area surrounding the seating is proposed to be lawn, where there are currently woodchips. Multi-use and Pedestrian Paths Plans show reconfiguration of the pedestrian paths within the landmark boundary and introduction of a shared multi-use path. The existing pedestrian plans include concrete paths entering the park from the northwest and northwest corners. A flagstone path connects the path at the west side of the seating diagonally to the multi-use path that then connects to the Boulder Creek Path. Linear sidewalks border the park along Broadway (west), Canyon (north) and 13th Street (east).

Figure 83. Site plan showing proposed pedestrian (narrow pink lines), shared multi-use paths (medium thick light blue lines) and designated multi-use paths (thick dark blue line with light dashed)

Plans show pedestrian paths arcing in front of and behind the seating in a pattern that reflects the geometry of the bandshell structure. The paths are shown to follow the standard sidewalk width and be bordered by low ground plantings and be a reddish concrete to match the seating. A shared multi-use path is proposed east of the seating, beginning at the northeast corner of the park and winding around The Porch to connect with another shared multi-use path and the Boulder Creek Path. The multi-use path would follow standard width and color. The Porch (Raised Deck) A raised deck to be known as “The Porch” is shown to extend approximately 21 feet by 182 feet along the east edge of the park, between 13th Street and the Glen Huntington Bandshell outdoor theater. The applicants provided that the intended purpose is to provide a gathering space that could be used as an informal extension of the performance venue and event street, and connect to other design features within Boulder Creek Park. The majority of the raised deck is located outside the landmark boundary and is shown to have deck chairs and steps that connect to 13th Street. The applicants note they have worked with the City of Boulder Forestry staff to ensure the decking will protect the root system and prevent tree damage long-term.

Figure 9. Rendering of raised deck, facing northwest toward the Bandshell from 13th Street. Provided by applicant.

Nature Discovery A Nature Discovery area is proposed at the north end of the Porch, between the bandshell structure and the Atrium Building (1300 Canyon Blvd.). Renderings show a wood-chipped area partially enclosed by low benches, with a Shumard Oak, a Champion Tree, located at the center. The stepped benches are an extension of the Porch and share the same materiality and vibrant orange color. The applicants are working with Forestry staff to ensure the protection of the oak tree.

Figure 10. Rendering of proposed Nature Discovery area, facing southwest (13th Street on left). Provided by applicant.

Application History On Aug. 6, 2026, P&DS accepted a Landmark Alteration Certificate application from BPR for changes within the landmark boundary. As the application includes changes to highly visible elements of a designated landmark, staff referred the application to the Landmarks Board for review in a quasi-judicial hearing. On Sept. 2, the Landmarks Board held a quasi-judicial hearing to review the application. Following the staff presentation, applicant presentation, and board questions, seven community members spoke in opposition of the application. During board deliberation, some board members voiced opposition to the removal of the seating, as they consider it an integral part of the landmarked site and expressed concern for a reduction of permanent seats and the future functionality of the theater related to sight lines and comfort. Other board members expressed support for the proposal, citing a balance between preserving its historic character and evolving to meet the community’s current needs. The majority of members were generally in support of the overall park

enhancements, particularly the site design to further connect and activate the space. The Landmarks Board voted on the following motion: On a motion by C. Castellano, seconded by A. Weinheimer, the Landmarks Board voted to adopt the staff memorandum dated September 2, 2026, as the findings of the board and approve the application for a Landmark Alteration Certificate for changes within the Glen Huntington Bandshell landmark boundary at 1236 Canyon Blvd., pursuant to Section 9-11-18 of the Boulder Revised Code 1981, finding that the proposal meets the Standards for Issuance of a Landmark Alteration Certificate in Chapter 9-11-18, B.R.C. 1981 and is generally consistent with the General Design Guidelines for Boulder’s Historic Districts and Individual Landmarks. The motion failed 2-3 ( R. Golobic, M. Ray and J. Decker dissenting). •

On Sept. 17, City Council voted to call up the application.

Public Comment At the Sept. 2, 2026 Landmarks Board hearing, seven people spoke in opposition of the proposal: 1. Tim Plass, Historic Boulder, Inc. 2. Margot Smit 3. Kathryn Barth 4. Fran Mandel Sheets 5. Leonard Segel 6. Kristin Lewis 7. Evelyn Ray Prior to the meeting, Colorado Preservation Inc., a statewide historic preservation advocacy group, wrote a letter in support of the proposal (Attachment B).

Criteria for Review Applicable Boulder Revised Code Sections Section 9-11-18, Standards for Landmark Alteration Certificate Applications, B.R.C., 1981. (a) The Landmarks Board and the City Council shall not approve an application for a Landmark Alteration Certificate unless each such agency finds that the proposed work is consistent with the purposes of this chapter.

(b) Neither the Landmarks Board nor the City Council shall approve a Landmark Alteration Certificate unless it meets the following conditions: 1. The proposed work preserves, enhances or restores and does not damage or destroy the exterior architectural features of the landmark or the subject property within a historic district; 2. The proposed work does not adversely affect the special character or special historical, architectural or aesthetic interest or value of the landmark and its site or the district; 3. The architectural style, arrangement, texture, color, arrangement of color and materials used on existing and proposed structures are compatible with the character of the existing landmark and its site or the historic district. 4. With respect to a proposal to demolish a building in a historic district, the proposed new construction to replace the building meets the requirements of paragraphs (b)(2) and (b)(3) of this section. (c) In determining whether to approve a Landmark Alteration Certificate, the Landmarks Board shall consider the economic feasibility of alternatives, incorporation of energy-efficient design and enhanced access for the disabled.

Applicable Plans and Guidelines The Landmarks Board has adopted the General Design Guidelines for Boulder’s Historic Districts and Individual Landmarks to help interpret the ordinance. It is important to emphasize that design guidelines are intended to be used as an aid to appropriate design, and not as a checklist of items for compliance. The Glen Huntington Bandshell is a historic outdoor theater and a unique individual landmark. As such, staff also considered the framework Preserving Landscape Experience in Historic Outdoor Theaters (2022), prepared by faculty at the University of California and funded by the National Center for Preservation Technology and Training, a unit of the National Park Service. The guidance includes context and methodology for considering changes to historic outdoor theaters.

Analysis The following is a summary of staff’s analysis of the proposal. The full analysis is included in the Sept. 2, 2026 Landmarks Board memorandum. Staff considers that: •

Removal of the seating, regrading of the slope and replacement with terraced seating is appropriate in that the role of both the Bandshell and the seating is

maintained, the proposed design reflects a similar slope, scale, pattern and layout of the 1950’s seating, and will further integrate the historic outdoor theater into its park setting. •

The proposed pedestrian and multi-use paths increase accessibility of the site for community members of all abilities and will not detract from the overall historic character of the Glen Huntington Bandshell site.

•

The raised deck (“The Porch”) and nature discover area will protect the mature trees within the park and will not damage or destroy character-defining features of the site.

•

Overall, the proposed work does not adversely affect the special character or special historic, architectural, or aesthetic interest or value of the individually landmarked Glen Huntington Bandshell site.

•

The architectural style, arrangement, texture, color, arrangement of color, and materials in the proposed design are generally compatible with the character of the landmark in that they are similar in scale, proportion, texture and finish to those used historically.

The recommended conditions of approval include providing final details on the materials and color of the decking and a tree protection plan. Additionally, staff supports the applicant’s request to extend the approval to Dec. 31, 2028, based on the anticipated project schedule.

Findings Staff recommends that Council approve the application, finding that the proposal meets the code criteria, in that: 1. The proposal will be generally consistent with the purposes of the Historic Preservation chapter of the Boulder Revised Code, in that the proposed work will not damage the historic character of the Glen Huntington Bandshell site; 2. The proposed work will not damage or destroy the exterior architectural features of the property; 3. The architectural style, arrangement, texture, color, and arrangement of color and materials in the proposed design will be generally compatible with the character of the existing structure and its site; and 4. The proposed work will not adversely affect the special character or special historic, architectural, and value of the subject property, as it is generally

consistent with the General Design Guidelines and Section 9-11-18(b)(3) of the Boulder Revised Code 1981. Conditions of Approval 1. The applicant shall be responsible for completing the work in compliance with the approved plans, except as modified by these conditions of approval. 2. Prior to submitting a building permit application and final issuance of the Landmark Alteration Certificate, the applicant shall submit the following, which shall be subject to final review and approval by staff to ensure that the relocation is consistent with the General Design Guidelines and the intent of this approval: a. Final review of colors and material of decking and railing of “The Porch” b. Tree protection plan 3. For good cause shown, the approval period is extended to December 31, 2028.

Accessibility Statement The City of Boulder is committed to digital accessibility. Some content may not be fully accessible due to technical limitations or issues. For alternate formats or accommodations, please visit Accessibility | City of Boulder or contact accessibility@bouldercolorado.gov.

Attachments A – Applicant Narrative B – Letter from Colorado Preservation, Inc.

About Quasi-judicial Items Quasi-judicial decisions before council are constrained by very specific criteria. For example, unlike other council decisions, balancing other policy goals and direct fiscal impact to the city organization are not an allowable consideration. Development projects are required to pay fees and taxes to cover the costs of city review and approval processes and of the development’s impacts on the city’s capital facilities. Review of the project is part of the P&DS team’s standard workplan and its impacts are incorporated into the annual revenue forecasting as part of the annual budget development.