Quasi Judicial Memo

City of Boulder City Council Agenda Item Meeting Date: October 15, 2026 Agenda Title Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8782 rezoning 14.84 acres of land located at 3550 and 3850 Frontier Ave. 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. Reviewed under application LUR2026-00024.

Staff Contact • •

Brad Mueller, Director, Planning & Development Services (P&DS) Shannon Moeller, Planning Manager, Planning & Development Services (P&DS)

Draft Motion Language Staff requests council consideration of this matter and action in the form of the following motion: Motion to introduce and order published by title only Ordinance 8782 rezoning 14.84 acres of land located at 3550 and 3850 Frontier Ave. 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.

Executive Summary The purpose of this item is for City Council to consider a request to rezone approximately 14.84 acres of land, generally located at 3550 and 3850 Frontier Ave., and adjacent right-of-way from Industrial – Service 1 (IS-1), Industrial – Service 2 (IS-2) and Industrial – General (IG) to Mixed-Use 4 (MU-4) zoning and amend 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 set forth related details. The rezoning request is reviewed under application LUR2026-00024. On September 22, 2026, the Planning Board held a public hearing and voted 7 - 0 to recommend to City Council approval of the Rezoning application. The Planning Board recommended amendments to the Rezoning ordinance language. Refer to the Application History, below, for additional details.

Council Action Options Option

Outcome

Introduce and move to order published by title only Ordinance 8782

If the ordinance is introduced and ordered published by title only, a public hearing will be scheduled on Nov. 12, 2026, to consider action on the rezoning ordinance.

No action is taken on Ordinance 8782

The rezoning process ends.

Key Issues Staff has identified the following key issues to help guide council’s discussion: 1. 2.

Is the rezoning request consistent with the Rezoning criteria in Sections 92- 19(e) and (f), B.R.C. 1981? Is the proposed ordinance granting authority to approve a development which exceeds certain standards in the Mixed-Use 4 (MU-4) zoning district, including allowing a Maximum Floor Area Ratio (FAR) of 3.5 and a Maximum Permitted Building Height of 55-feet, consistent with the land use map designation and goals, policies, and objectives of the Boulder Valley Comprehensive Plan (BVCP) and the Transit Village Area Plan (TVAP) Phase 2?

Background Property Description & Site Context As shown below in Figure 1, the approximately 10.83-acre site is located south of Pearl Parkway, west of Foothills Parkway, and north of the BNSF railway.

Pearl P

Foothills Pkwy.

30th St.

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BNSF Rail

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Figure 1: Vicinity Map The proposal includes 3550 and 3850 Frontier Ave. The properties contain an existing approximately 125,000 square-foot building constructed circa 1968 which has housed a variety of uses, and an existing approximately 63,000 square-foot building constructed circa 1969 for La Sportiva warehouse, offices, and factory store.

Surroundings The site is located at the intersection of the major thoroughfares Pearl Parkway, a principal arterial, and Foothills Parkway, a raised expressway with an on-ramp next to the property. The property is just north of and adjacent to the BNSF railway. To the west along Pearl Parkway are redeveloped properties in TVAP Phase 1, including residential and mixed-use properties. To the northwest is the Boulder Junction transit depot just west of the railway and north of Pearl Parkway. To the east across Foothills Parkway and to the south across the BNSF railway are a mix of existing office and industrial buildings. To the northeast across Frontier Avenue, and to the north across Pearl Parkway, a mix of uses exist in industrial-style buildings.

Boulder Valley Comprehensive Plan (BVCP) As shown in Figure 3 below, the BVCP Land Use Designation on the properties is “Regional Hub.”

Figure 3: BVCP Land Use Designations “Regional Hub” is one of three “Hubs” in the newly adopted 2026 BVCP, including Regional Hub, Community Hub, and Innovation and Production Hub. The “Hubs Class” is described as: “Hubs are mixed-use urban centers that range in scale and expectations for activity. Hubs can be organized around nodes or along corridors. They act as anchors for surrounding areas and bring together housing, commerce, services, public spaces and mobility choices.” Regional Hub is described as: What it is 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 throughout the day and night. They include a mix of stores, restaurants, entertainment venues, cultural attractions, offices and housing.

Why it matters Regional Hubs are defining places of Boulder’s identity and play a key role in the health of the local economy. They bring together jobs, retail, services, tourism and housing in artful, walkable, well-connected areas. These places are regional destinations for visitors and community members alike and celebrate Boulder’s history, sense of place and future. Regional Hub is noted as “Typically the highest intensity in the city” (page 80-81 of the 2026 BVCP) and described as “high-density, mixed-use areas that accommodate taller buildings and a wide variety of uses integrated either vertically or horizontally across sites” (page 96-97 of the 2026 BVCP). Refer to Figure 4 below from page 80-81 of the 2026 BVCP showing the Regional Hub designation in context with other land use designations.

Figure 4: BVCP Land Use Designations Diagram Primary uses indicated in the Regional Hub include Retail; Personal Services; Office; Food and Beverage; Lodging; Arts, Culture and Entertainment; and Multi-Unit Residential (page 96-97 of the 2026 BVCP). The immediately surrounding context includes primarily Regional Hub and Innovation and Production Hub land use designations.

Transit Village Area Plan Phase 2 Amendment The property is located within the boundary of the recently adopted Phase 2 Amendment to the Transit Village Area Plan (TVAP). TVAP describes the city’s vision for the 160-acre Transit Village area and guides development of the area. TVAP was first adopted in 2007 due to the expected change

in the area, including development of the bus facility at Pearl Parkway and 30th Street and a future rail stop at the end of Bluff Street for commuter rail service; redevelopment on land owned by the city near 30th & Pearl; and redevelopment of the former Crossroads Mall as Twenty Ninth Street. For the TVAP Phase 2 Amendment, key recommendations of the area plan amendment highlighted the importance of: • • • •

Ensuring that the proposed land use designations enable a mix of housing types across the entire Phase 2 area. Retaining and encouraging new local and small businesses. Encouraging maker spaces, workshops, breweries, and other creative spaces over larger industrial and warehousing uses. Introducing flexibility in land use to transform the area into a mixed use, transit oriented neighborhood rich with amenities and services.

The TVAP land use plan designates the properties Mixed-Use Transit Oriented Development (MUTOD) and assigns the Regional TOD place type to the properties.

The TVAP MUTOD land use designation is shown below in Figure 5:

Figure 5: TVAP Land Use Designation

TVAP Place Type – Regional TOD Place Types provide greater refinement of the land use designation and describe the design intent and performance expectations for evolving neighborhoods. The Place Type descriptions and performance measures can be used to guide redevelopment options and help future phases of implementation. As shown in Figure 6, the property is identified as Regional Transit Oriented Development Place Type which intends to integrate retail and housing options into traditional light industrial areas and prioritize creativity in new and redevelopment. The Regional TOD place type includes a description of Allowed Uses; Allowed Uses Above Ground Floor, FAR Range; Useable Open Space; Building Character; Street Level Activation; Streetscape Character; Access and Mobility; and Parking (refer to page 15 of TVAP Phase 2).

Figure 6: TVAP Place Types

TVAP Urban Design Framework The Urban Design Framework describes an overall pattern of activity nodes, outdoor spaces, and paseo/greenway spaces across the entire Phase 2 area. As shown in Figure 7, the subject properties are identified to incorporate one of four activity nodes, one of three major outdoor spaces, and several paseos or enhanced pedestrian mobility connections. Activity nodes are intended to provide focused retail, dining, personal service, and other related activities that capitalize on high pedestrian traffic, public spaces, and planned transit improvements. Outdoor spaces are publicly accessible gathering spaces that support a livable and vibrant mixed use environment. The space identified on the subject properties is intended to serve as a southern anchor for the entire Phase 2 area and provide space for a variety of activities including festivals and events.

Figure 7: TVAP Urban Design Framework

TVAP Phase 2 Implementation Implementation of TVAP Phase 2 is anticipated to involve significant projects requiring cross-department staff time to ensure successful redevelopment, including expansion of the Form-Based Code Review Area or other regulatory updates. City processes such as drafting new zoning district(s) or Form-Based Code standards have not yet taken place.

Concept Plan Review On February 3, 2026, the Planning Board reviewed a Concept Plan (LUR2025-00086) for a proposed redevelopment and rezoning of 3550 and 3850 Frontier Ave. The staff memorandum to Planning Board, recorded video, and the applicant’s submittal materials along with other related background materials are available in the city

archives for Planning Board. The recorded video from the hearing can be found here: February 3, 2026 Planning Board Meeting (item starts 15:30 minutes into the video). At that hearing, staff noted that the Concept Plan proposal would not meet all form, intensity, and use standards of existing zoning districts in Title 9 and that the city has not yet performed a comprehensive analysis to determine whether the creation of new zone districts, code amendments, or other tools would be required or desirable to achieve the vision of the TVAP Phase 2 area plan. Staff requested the planning board’s feedback on a preferred approach for rezoning the property from Industrial zoning to a new zoning district, such as considering an existing zoning district, a “flex” zoning district, or a city-sponsored and supported ordinance creating a new zoning district, among potential possibilities. Potential zoning districts (use, form, and intensity) must align with the adopted BVCP land use designation and the TVAP Regional TOD place type. Regarding the redevelopment proposal, board members agreed that the overall proposal was consistent with the BVCP Land Use Designation (which was “Mixed Use Transit Oriented Development” prior to the 2026 BVCP Update designation of “Regional Hub”) and with the TVAP Phase 2 Amendment. Board members were supportive of the overall walkable site design and the creative, detailed proposal documents, and provided specific feedback on various aspects of the proposal, including noting some concerns regarding phasing of the proposal. Regarding the rezoning, board members’ feedback on a preferred approach for rezoning the property was mixed. The board was relatively evenly split with some members recommending the use of an existing zoning district and other board members recommending a flexible approach that might include modifying an existing zoning district or creating a new district via ordinance. There was not specific interest in creating a “flex” zone for the proposal. On March 5, 2026, City Council chose not to “call up” the Concept Plan for an additional public hearing, which concluded the concept plan review process.

Zoning As shown in Figure 8 below, the site is within multiple zoning districts.

Figure 8: Zoning Districts The properties are currently zoned IS-1 and IS-2, Industrial Service – 1 and Industrial Service – 2, which are described in 9-5-2(c)(5)(A), B.R.C. 1981, as “Service industrial areas primarily used to provide to the community a wide range of repair and service uses and small-scale manufacturing uses,” and IG, Industrial – General, which is described in 9-5-2(c)(5)(B), B.R.C. 1981, as “General industrial areas where a wide range of light industrial uses, including research and development, manufacturing, service industrial uses, media production, storage, and other intensive employment uses are located. Residential uses and other complementary uses may be allowed in appropriate locations.” The property is located within the Transit Village Area Plan Phase 2 Amendment area, where redevelopment must be consistent with the area plan updates that were adopted in 2023. A redevelopment proposal consistent with TVAP 2 would require rezoning the property since the existing form, intensity, and use standards in the current zoning districts would not accommodate a redevelopment meeting the design intent and performance expectations of TVAP 2 and the Regional Hub BVCP land use map designation.

Application Description As discussed in further detail below, the applicant is requesting a rezoning to MU-4 (Mixed-Use 4), which is defined in the Land Use Code as “Mixed use residential areas generally intended for residential uses with neighborhood-serving retail and office uses; and where complementary uses may be allowed. It is anticipated that development will occur in a pedestrian-oriented pattern, with buildings built up to the street.”

Background of MU-4 Zoning District In 2009, Ord. 7655 established MU-4 as a new zoning district as part of implementation of TVAP Phase 1. The MU-4 zoning district, along with the RH-6 and RH-7 zoning districts, were created to implement specific TVAP land use prototypes and to reflect the goals of TVAP Phase 1. At the time, staff recommended creating new zones because of the unique characteristics of the proposed TVAP zones and because overlay zones were being phased out due to difficulties with monitoring and enforcement. MU-4 zoning was created to implement the TVAP “Mixed Use-2” land use prototype. The mixed-use prototypes are shown below in Figure 9:

Figure 9: TVAP Phase 1 Mixed Use Land Use Prototypes MU-4 was modeled on the previously existing Business Main Street (BMS) zone, with changes to allow a higher overall maximum floor area ratio (FAR) of 2.0 consistent with

the TVAP prototype maximum of 2.0. Uses were defined to allow for flexible, mixed-use buildings. Following creation of the zoning district in 2009, MU-4 was first applied to 15 properties in the TVAP Phase 1 area in 2010 by Ord. 7745. The zoning district has been applied or recommended in areas of the city where adopted subcommunity or area plans exist, including the Boulder Junction (TVAP Phase 1) area, Alpine Balsam area, and East Boulder Subcommunity Plan area. Over the years, the zoning district has been updated various times as part of city-wide code updates, such the Use Table and Standards project (2018-2023). Additionally, in 2015, the city began using Form-Based Code Review Areas with the Form Based Code Pilot in the TVAP Phase 1 Area. Following implementation of the FBC pilot, use of FBC expanded to multiple areas of the city within adopted subcommunity and area plans, including TVAP Phase 1 and within the Alpine-Balsam Area Plan and the East Boulder Subcommunity Plan.

MU-4 Zoning Standards A summary of the MU-4 zoning district as compared to the TVAP Phase 2 “Regional TOD” Place Type is listed below: Uses •

Regional TOD: The TVAP 2 “Regional TOD” place type indicates a wide range of Allowed Uses, including: Dining and entertainment such as restaurants, taverns, cafes, and event/performance spaces; Light Industrial; Residential such as attached dwellings, townhomes, and live-work units; Retail; Personal services; Public and institutional uses such as daycares, educational facilities, and museums; and Lodging.

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MU-4 Zoning: Per 9-6-1, Schedule of Permitted Land Uses, B.R.C. 1981, the MU-4 zoning district allows the majority of the uses indicated by the place type by-right, by conditional use review, or by use review, including those indicated as proposed on the subject property as part of the Concept Plan Review.

Intensity (FAR, Open Space) •

Regional TOD: The TVAP 2 “Regional TOD” place type indicated an FAR Range of 1.5 – 3.5. The place type calls for a minimum of 10-20% open space, based on building height.

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MU-4 Zoning: Per 9-8-1, Schedule of Intensity Standards, B.R.C. 1981, the MU4 zoning district allows a maximum FAR of 2.0 and requires at least 15% open space, and may require 20% open space, based on building height.

Form and Bulk Standards (Setbacks, Height) •

Regional TOD: The TVAP 2 “Regional TOD” place type is shown with flexible building heights and vertically-integrated uses as depicted in the diagram on page 15 of TVAP Phase 2 (see Figure 10, below). TOD-oriented developments are typically designed with minimal setbacks from property lines and verticallyintegrated uses in buildings of multiple stories.

Figure 10: TVAP Phase 2 Place Types Diagram •

MU-4 Zoning: Per 9-7-1, Schedule of Form and Bulk Standards, B.R.C. 1981, the MU-4 zoning district allows minimal front, rear and side yard setbacks, and also prescribes maximum front yard setbacks, consistent with the intent of a TOD area to provide a building-forward design. Setbacks may also be modified through a Site Review process. Principal building height is limited to 38 feet (and up to 55 feet in a Site Review process).

PROCESS Rezoning Per Land Use Code section 9-2-19(d), B.R.C. 1981, “the planning board shall hear a request for rezoning at a public hearing and shall make a recommendation for approval or denial to the city council. After considering the planning board's recommendation, the city council shall make the final determination on a request for rezoning at a public hearing.” Rezoning requests are reviewed for consistency with the policies and goals of the BVCP and the review criteria in Section 9-2-19(e), B.R.C. 1981. Additional criteria

for the MU-4 zoning district are found in Section 9-2-19(f), B.R.C. 1981. Please see staff’s analysis of the applicable review criteria in Key Issues below. Staff have prepared a draft rezoning ordinance, provided in Attachment A.

Amendments to Land Use Code Standards There is currently no zoning district in the city that can accommodate the full range of development anticipated by the TVAP Phase 2 “Regional TOD” place type. The city has approved ordinances from time to time to amend city standards in limited circumstances to support a special public benefit or provide relief from an undue hardship on a property owner, in the interest of the public health, safety, and welfare of the residents of the city and where consistent with the Boulder Valley Comprehensive Plan. This rezoning ordinance would grant the approving authority of a future Site Review the ability to approve a development on the subject property which exceeds certain standards in the Mixed-Use 4 (MU-4) zoning district, including allowing a maximum floor area ratio (FAR) of 3.5 and a maximum permitted building height of 55-feet. The intent and structure of the ordinance are described below:

Specific Applicability to Proposed Redevelopment The proposed ordinance is specific to the overall redevelopment the property, at full buildout, to generally include a performing arts & event center; a hotel; multi-unit dwellings of varying unit types, such as townhomes, and studios through 3-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 redevelopment will include the Southern Anchor outdoor open space identified on 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. The specific design would be determined through the site review process. The land area to be included in the initial site review application will encompass the overall property, but the entire property does not need to be redeveloped with the initial site review (a phased redevelopment may occur). If the project is phased, the first phase would include a performing arts & event center of at least 20,000 square-feet. At full buildout, the project will also include an arts and rehearsal space of at least 4,000 square-feet. While the applicant anticipates larger spaces, the minimum sizes allow for flexibility. If the future Site Review application does not include redevelopment per the stipulations

of the ordinance, the development and/or a different proposal would be required to conform to the typical standards of the MU-4 zoning.

Approving Authority The proposed ordinance grants the approving authority of a future Site Review the ability to approve the proposal if consistent with the applicable Site Review criteria. The approving authority of the future Site Review shall be the Planning Board or, if called up, City Council.

Intensity and Building Height The proposed ordinance provides for amendments to the MU-4 zoning district for increases to the permitted FAR and building height on the subject property to allow for successful implementation of the TVAP Phase 2 plan on the subject property and to support the specific special public benefit of a new performing arts space. Maximum FAR. The proposed ordinance grants the approving authority of a future Site Review the ability to approve up to a maximum 3.5 FAR on the subject property, where 2.0 FAR is otherwise permitted in the MU-4 zoning district. The FAR calculation excludes any floor area used as off-street parking, bicycle parking, and vehicular circulation that is above grade and provided entirely within a structure. Building Height. The proposed ordinance grants the approving authority of a future Site Review the ability to approve permitted building heights of up to 55-feet in height, where a maximum of 38’ is otherwise permitted in the MU-4 zoning district. The proposed Site Review would be reviewed under the standard Site Review criteria in Sections 9-2-14(h)(1) Boulder Valley Comprehensive Plan (BVCP) criteria; (2) Site Design Criteria; and (3) Building Siting and Design Criteria, B.R.C. 1981. By permitting building heights for the subject property and proposal up to 55 feet, the criteria pertaining to height modifications and height bonuses in sections 9-2-14(h)(4) Additional Criteria for Buildings Requiring Height Modification or Exceeding the Maximum Floor Area Ratio, B.R.C. 1981 and 9-2-14(h)(6) Land Use Intensity and Height Modifications, B.R.C. 1981 would not apply to the future Site Review. Refer to Key Issue #2 for discussion of these changes to the MU-4 zoning district on the subject property.

Application History At the public hearing on September 22, 2026, the Planning Board held a public hearing to review the proposed Rezoning application described above. Following a public hearing, the board voted to recommend approval of the requested rezoning application #LUR2026-00024 with the following motion:

M. McIntytre made a motion seconded by C. Hanson Thiem to recommend to City Council approval of the request to rezone 14.84 acres of land located at 3550 and 3850 Frontier Ave. 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 as amended by the Planning Board. Planning Board voted 7-0. Motion passed. M. Roberts made a motion seconded by K. Nordback to amend the motion to add: 'with the recommendation that City Council amend Section 5 of the proposed ordinance as follows: Replace "without regard to any requirements for height modifications found elsewhere in the Land Use Code" with: "without regard to any requirements for height modifications found elsewhere in the Land Use Code; provided, however, that the requirements of Subparagraphs 9-2-14(h)(6)(C)(i), (iii), and (iv) B.R.C. 1981, shall apply to any building with a fourth or fifth story. For purposes of applying Subparagraph 9-2-14(h)(6)(C), 'bonus floor area' means floor area on a fourth or fifth story that is partially or fully above 38 feet in height, and bonus units shall be determined as provided in Subparagraph 9-2-14(h)(6)(C)(i)b. The requirements of Subparagraph 9-214(h)(6)(C)(ii), B.R.C. 1981, shall not apply to floor area used for the performing arts & event center or arts and rehearsal space."’ Planning Board voted 4-3 (M. McIntyre, C. Hanson Thiem, M. Lord dissenting). Motion passed. The approved motion (listed above) recommended amending Ordinance 8782 to require any building with a fourth or fifth story that is partially or fully above 38 feet in height to meet the requirements in Subparagraphs 9-2-14(h)(6)(C)(i), (iii), and (iv) B.R.C. 1981, which requires increased community benefit for bonus floor area, except that the requirement would not apply to floor area used for the performing arts & event center or arts and rehearsal space. The intention behind the motion was to still apply community benefit requirements but exclude the requirement for the arts spaces, which some members of the Board felt supported different goals of the BVCP. Other Board members felt that the original ordinance language met the city’s goals regarding supporting more housing overall and providing new arts spaces, and they were not supportive of the amended language.

Staff have advanced the original drafted Ordinance 8782 (Attachment A) for Council’s consideration without the addition of the requirement recommended by the Planning Board. During the public hearing at second reading, council could choose to amend the ordinance language. Additionally, the Planning Board approved an additional recommendation for consideration by City Council: M. Roberts made a motion seconded by L. Kaplan to recommend that City Council amend Section 5 of the proposed ordinance as follows: At full buildout, not less than 50 percent of the floor area in excess of a 2.0 FAR shall be used for dwelling units. The site review approval shall include a phasing schedule for the dwelling units required by this paragraph, and no phase of development may use floor area in excess of a 2.0 FAR for non-residential uses, other than the performing arts & event center and arts and rehearsal space, unless dwelling units are approved in the same or an earlier phase. Planning Board voted 4-3 (M McIntyre, C. Hanson Thiem, M. Lord dissenting). Motion passed. The additional recommendation was provided to address concerns among some board members that the additional FAR granted by the amendment to the MU-4 zoning district on the property does not guarantee development of residential dwelling units. A summary of the board’s discussion and recommendation on the rezoning can be found in the draft meeting minutes from the Planning Board meeting are included as Attachment C. The staff memorandum to Planning Board, meeting audio, and other related background materials are available on the Records Archive for Planning Board. A video of the hearing can be found at the following link: September 22, 2026, Planning Board Meeting.

Public Comment Consistent with Section 9-4-3, “Public Notice Requirements,” B.R.C. 1981, staff provided written notifications to property owners and all addresses within 600 feet of the subject property. In addition, a public notice sign was posted on the property and therefore, all public notice requirements of section 9-4-3, “Public Notice Requirements,” B.R.C. 1981 were met. Several written public comments were sent to the Planning Board in support of the proposal, which are included as Attachment D. At the public hearing, three community members spoke in support of the rezoning, and one community member spoke against.

Criteria for Review Applicable Boulder Revised Code Sections Section 9-2-19(e), Rezoning Criteria, B.R.C. 1981 Section 9-2-19(f), Additional Criteria for the MU-4, RH-3, RH-6 and RH-7 Zoning Districts, B.R.C. 1981

Applicable Plans and Guidelines Boulder Valley Comprehensive Plan • Chapter 3, Policies • Chapter 4, Future Land Use Transit Village Area Plan Phase 2 Amendment

Analysis 1.

Key Issue #1: Is the rezoning request consistent with the Rezoning criteria in Sections 9-2-19(e) and (f), B.R.C. 1981?

Staff finds that the requested rezoning meets the appliable rezoning criteria, as described below: Section 9-2-19(e), “Criteria,” B.R.C. 1981: The city's zoning is the result of a detailed and comprehensive appraisal of the city's present and future land use allocation needs. In order to establish and maintain sound, stable, and desirable development within the city, rezoning of land is to be discouraged and allowed only under the limited circumstances herein described. Therefore, the city council shall grant a rezoning application only if the proposed rezoning is consistent with the policies and goals of the Boulder Valley Comprehensive Plan, and, for an application not incidental to a general revision of the zoning map, meets one of the following criteria: The proposed rezoning to MU-4 is consistent with the policies and goals of the Boulder Valley Comprehensive Plan. The proposed rezoning ordinance will bring the site’s zoning into consistency with the underlying BVCP land use designation of Regional Hub; with the Transit Village Area Plan Phase 2 including the Place Type “Regional TOD,” and with several policies and goals of the BVCP, including: • • • • •

26. Compact Urban Form 27. Integrated Land Use and Transportation 29. 15-Minute Neighborhoods 38. Imagination Locations 55. Support for Redevelopment

• • • • • • •

58. Vital and Productive Retail Base 59. Business and Employment Diversity and Resilience 61. Visitor Economy 62. Night Economy 63. Experiential Economy 67. Arts, Culture and Heritage 82. Housing Diversity and Supply 

(1) The applicant demonstrates by clear and convincing evidence that the proposed rezoning is necessary to come into compliance with the Boulder Valley Comprehensive Plan map; The BVCP Land Use Map designates the property “Regional Hub” which is described as: “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 throughout the day and night. They include a mix of stores, restaurants, entertainment venues, cultural attractions, offices and housing.” Additionally, the properties are within the Transit Village Area Plan Phase 2 (TVAP 2) amended as of September 2023. Per TVAP Phase 2, the site is designated Mixed Use Transit Oriented Development (MUTOD) and assigned the Regional TOD place type, which intends to integrate retail and housing options into traditional light industrial areas and prioritize creativity in new and redevelopment. The proposed MU-4 (Mixed Use - 4) zoning, with amendments applicable to the subject property, would bring the property into consistency with the BVCP land use map designation and TVAP land use map designation and place type. The current zoning of IS-1, IS-2, and IG was applied when the underlying BVCP land use of the property was Community Industrial. The underlying land use designation on the site was changed in 2023 following adoption of TVAP 2 and was again updated in 2026 with the BVCP Major Update. The current industrial zoning is now inconsistent with the updated land use designation. Therefore, there is clear and convincing evidence that the proposed rezoning is necessary to come into compliance with the BVCP map.

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(2) The existing zoning of the land was the result of a clerical error; Not applicable; the proposal is being reviewed under criterion (1), above.

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(3) The existing zoning of the land was based on a mistake of fact; Not applicable; the proposal is being reviewed under criterion (1), above.

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(4) The existing zoning of the land failed to take into account the constraints on development created by the natural characteristics of the land, including but not limited to, steep slopes, floodplain, unstable soils, and inadequate drainage; Not applicable; the proposal is being reviewed under criterion (1), above.

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(5) The land or its surrounding environs has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area or to recognize the changed character of the area; or Not applicable; the proposal is being reviewed under criterion (1), above.

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(6) The proposed rezoning is necessary in order to provide land for a community need that was not anticipated at the time of adoption of the Boulder Valley Comprehensive Plan. Not applicable; the proposal is being reviewed under criterion (1), above.

9-2-19(f) “Additional Criteria for the MU-4, RH-3, RH-6 and RH-7 zoning districts,” B.R.C. 1981: In the MU-4, RH-3, RH-6 and RH-7 zoning districts, for an application not incidental to a general revision of the zoning map, the city council shall also find that the rezoning meets the following criteria, in addition to Subsection (e) above: 1) Transportation. The land proposed for rezoning is: 

(A) Subject to a right-of-way plan for the immediate area; The property is located within the Transit Village Area Plan Transportation Connections Plan.

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(B) The right-of-way plan is capable of being implemented 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

The Transit Village Area Plan Connections Plan is capable of being implemented to the extent necessary to serve the property. The property is connected to the arterial street network with the existing rights-of-way. Concurrent with future redevelopment, the property will be reviewed under the connections plan for future right-of-way improvements.

TVAP Connections Plan

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(C) The public infrastructure can be paid for by way of redevelopment under the 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, or that there is a plan for financing and construction that has been approved by city council through the capital improvement program and the city council anticipates appropriating such funds within two years of the rezoning.

The site is expected to be redeveloped in the future. Public infrastructure can be paid for by way of redevelopment under the provisions of Section 99-8, "Reservations, Dedication and Improvement of Rights-of-Way," B.R.C. 1981, without contribution of funds by the City. (2) Water, Wastewater and Stormwater Management and Flood Control. The city council shall determine whether there are adequate public facilities available for the rezoning area. The city council shall determine whether there are adequate water, wastewater and stormwater management and flood control facilities by considering the following:  (A) Whether the infrastructure meets the requirements of the City of Boulder Design and Construction Standards, adopted city master plans, the Boulder Valley Comprehensive Plan, subcommunity plans and area plans. The water, wastewater, stormwater management, and flood control infrastructure for the rezoning area was installed consistent with the requirements of the City of Boulder Design and Construction Standards, adopted City master plans, the Boulder Valley Comprehensive Plan, subcommunity plans and area plans. 

(B) Whether the land proposed to be rezoned has adequate water, wastewater and stormwater management and flood control public facilities that are:  (i) In place at the time of the rezoning request; The rezoning area is in a location that is adequately served by existing adequate water, wastewater, stormwater management, and flood control public facilities. Approval of a future redevelopment application will require execution of a development agreement ensuring that any future necessary public facilities will be in place at the time that impacts of any redevelopment would occur. n/a

(ii) Under construction and will be available at the time that the impacts of the proposed development will occur; or

n/a (iii) Guaranteed by an enforceable development agreement ensuring that the public facilities will be in place at the time that the impacts of the proposed development will occur.

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(C) Whether the property owner has, or will in the future, paid its fair share of the infrastructure needs of the surrounding area, as described in city master plans, subcommunity plans or area plans. The site is expected to be redeveloped in the future. The property owner will be responsible for its fair share of the infrastructure needs of the area consistent with the requirements of the City of Boulder Design and Construction Standards, adopted City master plans, and the area plan.

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Key Issue #2: Is the proposed ordinance granting authority to approve a development which exceeds certain standards in the Mixed-Use 4 (MU-4) zoning district, including allowing a maximum floor area ratio (FAR) of 3.5 and a maximum permitted building height of 55-feet, consistent with the land use map designation and goals, policies, and objectives of the Boulder Valley Comprehensive Plan (BVCP) and the Transit Village Area Plan (TVAP) Phase 2? Staff supports the proposed ordinance to allow for additional intensity and height for the future redevelopment based on the unique value the proposal presents to the community and the unique characteristics of the subject property, the proposed ordinance will enable a development that can achieve the vision of TVAP Phase 2 and BVCP goals, policies, and objectives on the subject property. Uniqueness of Subject Property. The subject property is located within the TVAP 2 “Regional TOD” place type. As described earlier in the memo, the city has historically created new zoning districts and/or implemented Form-Based Code areas for properties within area plans to enable redevelopment consistent with the vision established by an area plan; such regulatory changes have not yet been completed for TVAP 2. The subject property is further distinguished within TVAP Phase 2 as a unique opportunity site for redevelopment which must implement the Activity Node and Southern Anchor festival and event community gathering space indicated on the TVAP Phase 2 Urban Design Framework. TVAP Phase 2 “Activity Nodes” are described as: “Focusing retail, dining, and personal service uses near future areas of high activity is critical to the success of mixed-use neighborhoods that serve the needs of residents, employees, and visitors. These types of businesses require high visibility, pedestrian foot traffic, and engaging indoor/outdoor opportunities to thrive” (page 19, TVAP Phase 2). TVAP Phase 2 “Outdoor Spaces” are described as “Publicly-accessible outdoor gathering spaces are essential to the success of creating a vibrant and livable mixed-use neighborhood” and “strategically positioned to complement planned

transit facilities, open space enhancements, and higher intensity land uses” (page 20, TVAP Phase 2). The “Southern Anchor” (#6) outdoor space indicated on the subject property is described as “The intention of this outdoor space is to offer a flexible community gathering space south of Pearl Parkway large enough to allow for a variety of uses such as festivals and events” (page 20, TVAP Phase 2). The subject property includes one of four “Activity Nodes” in all of TVAP Phase 2, and one of six “Outdoor Spaces,” and is the only property other than the property directly adjacent to the future rail station which will be called to implement both an Activity Node and Outdoor Space on the same property. Additionally, the subject property is uniquely situated adjacent to the BNSF railway to the south and the Foothills Parkway raised overpass to the east, limiting potential visual and physical access to the site. As noted in the “Activity Node” description above, high levels of activity, high visibility, and pedestrian foot traffic are critical to the success of mixed-use neighborhoods. Providing the highest level of intensity and height consistent with the TVAP “Regional TOD” Place Type through amendments to the land use code is necessary on the subject property to enable the creation of a successful mixed-use neighborhood called for as a TVAP Phase 2 Activity Node. Uniqueness of Subject Proposal. The rezoning proposal supports plans for a future Site Review to redevelopment a portion of the subject property as a new mixed-use neighborhood, catalyzed by initial development of a performing arts & event center. Attention to developing additional performing arts venues in the city has been highlighted by the city’s selection as the future host of the Sundance Film Festival and in the recently completed Boulder Arts Blueprint. On March 27, 2025, Boulder was selected as the new home to the Sundance Film Festival, beginning in 2027. Since that time, the city has worked to update various regulations and processes to coordinate logistics for hosting the festival. As noted on the city’s webpage for the film festival, in addition to the economic impacts of the festival on the host location, other benefits include local investments that will last for years, including the build-out of venues, such as the performing arts center proposed on the property. Similarly, the development of additional performing arts venues is supported by the recently completed Boulder Arts Blueprint, which was adopted by the Boulder Arts Commission on March 26, 2026, and shared with City Council at the April 9, 2026 Study Session meeting. Per the 2025 City of Boulder Venues Study, affordability, availability, and suitability of space emerge as persistent challenges that significantly impact the ability of artists and organizations to create, rehearse, present, and

sustain their work in the city. The Arts Blueprint is organized into seven goals with actions, measures of success, potential partners, and best practice highlights to guide Boulder's arts and culture work. The goals and recommendations of the Blueprint include the following relevant to the creation of new arts venues: •

Goal 1: Accessibility and inclusion o Recommendation 2. Using Spaces for Arts and Culture: Support new, renovated and underused spaces for arts and culture by activating vacant storefronts and buildings, building and improving community facilities, allowing home based studios and connecting cultural activity to streets and transit. o Ways to measure success: ▪ People find it easier to access art and culture events close to where they live ▪ There are more cultural spaces created or improved across all neighborhoods

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Goal 5: Nonprofits and institutions o Recommendation 1. Nonprofit and Sector Infrastructure: Build a strong and resilient arts sector by simplifying grant structures, supporting peer learning, rewarding collaboration, expanding shared services and strengthening the capacity of arts and cultural venues. This includes supporting new and renovated cultural infrastructure so organizations have safe, affordable and functional spaces.

The development of the performing arts venue on the property supports these policies and recommendations of the Boulder Arts Blueprint and will serve as a catalyst and anchor for the redevelopment of the property and support the high level of activity necessary for active ground floor uses such restaurants and retail to thrive (Activity Node) and provide for creation and activation of the southern anchor outdoor festival and event space (Outdoor Space #6). The proposed ordinance is specific to the overall redevelopment the property, at full buildout, to generally include a performing arts & event center; a hotel; multi-unit dwellings of varying unit types, such as townhomes, and studios through 3-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 redevelopment will include the Southern Anchor outdoor open space identified on 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. The specific design would be determined through the site review process.

The land area to be included in the initial site review application will encompass the overall property, but the entire property does not need to be redeveloped with the initial site review (a phased redevelopment may occur). If the project is phased, the first phase would include a performing arts & event center of at least 20,000 square-feet. At full buildout, the project will also include an arts and rehearsal space of at least 4,000 square-feet. While the applicant anticipates larger spaces, the minimum sizes allow for flexibility. If the future Site Review application does not include redevelopment per the stipulations of the ordinance, the development and/or a different proposal would be required to conform to the typical standards of the MU-4 zoning. Overall, staff finds the proposed rezoning and proposed FAR and height standards for a project providing the proposed community benefits consistent with the relevant BVCP policies applicable to the proposal. Consistency with the BVCP policies (listed earlier in this memorandum) are discussed below: •

26. Compact Urban Form: … The city encourages redevelopment and infill within municipal boundaries … to create a compact city and prevent the negative consequences of urban sprawl. The proposed rezoning and a future redevelopment project support infill within municipal boundaries. The amendments to the MU-4 zoning district support increased intensity on the subject property, consistent with providing a compact urban form.

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27. Integrated Land Use and Transportation: The city aligns land use and transportation planning to integrate a variety of neighborhoods with a range of uses into a well-connected, safe, local and regional network of mobility choices. The city supports higher activity near multimodal corridors and transit centers that provide enhanced mobility choices and facilities… The proposed rezoning and a future redevelopment project support the city’s goal to locate higher activity areas near multi-modal corridors and transit centers. The subject property is located in the Transit Village Area Plan close to the existing bus depot and future rail station, and adjacent to major thoroughfares. The amendments to the MU-4 zoning district support increased intensity on the subject property, consistent with the goal of providing a dense, mixed-use neighborhood near these transportation facilities.

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29. 15-Minute Neighborhoods: The city encourages the evolution of “15-minute neighborhoods.” 15-minute neighborhoods are diverse, inclusive and connected areas in which services and amenities are easily and equitably accessible within 15 minutes from home for pedestrians of all abilities. The city encourages

improvements that can enhance access to services and amenities, especially in areas that are currently underserved. The proposed rezoning and future redevelopment project support creation of a new 15-minute neighborhood. The amendments to the MU-4 zoning district support increased intensity in an area where services and amenities are intended to be vertically integrated into buildings along with residences. •

38. Imagination Locations: The city recognizes that areas with distinct character, and oftentimes atypical or unusual design, provide a special connection to place and embrace the diversity and creativity of the Boulder community. The city values such places and encourages imaginative architecture, cutting-edge technologies and use of creative tools and strategies in limited circumstances to allow for their creation or preservation. The proposed rezoning will allow for future redevelopment of the property as a new mixed-use neighborhood with distinct character and anchored by a creative use (performing arts venue) which supports the Boulder arts community. The amendments to the MU-4 zoning district via the ordinance is a creative tool used only in limited circumstances, where in this instance there is no existing zoning district which can accommodate the full vision of TVAP Phase 2.

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55. Support for Redevelopment: The city encourages redevelopment activity that advances community goals for housing, economic vitality, historic preservation, social connection, environmental sustainability and equitable access to services. The city may use a variety of tools and strategies, at its discretion, including the creation of public/private partnerships and district financing tools. The proposed rezoning is necessary to allow for redevelopment of the subject property consistent with adopted plans and policies, including advancing community goals for housing and economic vitality. The amendments to the MU4 zoning district for the property via the ordinance is a creative tool used to enable a successful redevelopment on the subject property.

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58. Vital and Productive Retail Base: The city encourages a healthy and diverse retail environment that meets the daily needs of community members and visitors, broadly contributes to overall economic activity and supports the city’s fiscal sustainability. The city will identify opportunities to improve and sustain retail health across the city. The proposed rezoning and future redevelopment project support the city’s goal to provide a diverse retail environment meeting the daily needs of community members and visitors. The amendments to the MU-4 zoning district support increased intensity on the subject property, consistent with the goal of providing a

dense, mixed-use neighborhood to sustain a healthy retail environment. A large performing arts and event center will contribute to the overall economic activity of the city and supports is fiscal sustainability. •

59. Business and Employment Diversity and Resilience: The city fosters a healthy, inclusive and resilient economy that includes a broad mix of businesses and employment opportunities through collaborative strategies and programs that build on economic strengths and emerging opportunities. The city will consider the needs of local entrepreneurs, businesses, workers and community members when planning for land use, arts, transportation, programs and services. The proposed rezoning supports development of a broad mix of businesses and enables redevelopment that builds on the emerging opportunity of the city as the host of the Sundance Film Festival. The amendments to the MU-4 zoning district provide for increased intensity on the property which will implement the vision of TVAP Phase 2 and the Boulder Arts Blueprint, city plans that address the needs of businesses and community members.

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61. Visitor Economy: The city supports a visitor economy that contributes to Boulder’s vitality while ensuring that benefits flow back to the community. The city will balance the positive impacts of tourism with potential challenges, emphasizing local business support, equitable workforce and small business opportunities, natural and cultural resource protection and long-term economic resilience. The proposed rezoning and a future redevelopment project can support the city’s visitor economy by enabling a new performing arts venue and mixed-use neighborhood. The amendments to the MU-4 zoning district support increased intensity at this unique location close to planned and future transit lines such as the Boulder Junction bus depot and future light rail station and near major thoroughfares, where redevelopment can appropriately address the impacts of visitors.

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62. Night Economy: The city supports a vibrant night-time economy that expands access to jobs, transportation, services, and amenities beyond traditional business hours. A safe, inclusive and well-connected night-time environment will support climate resilience during extreme heat. A thriving night economy will strengthen opportunities for workers, create safe activity during more hours of the day, foster creativity and tourism and reinforce the city’s identity as a dynamic and welcoming place. The proposed rezoning and a future redevelopment project support the city’s night economy by enabling a new performing arts venue and mixed-use neighborhood that supports creativity and tourism and the city’s identity as a dynamic and welcoming place. The amendments to the MU-4 zoning district

support increased intensity on the subject property, which is appropriate for a vibrant, mixed-use development located close to jobs, transportation, services, and amenities. •

63. Experiential Economy: The city supports a thriving experiential economy that enhances cultural life, strengthens local business, and contributes to a resilient community. Arts, culture, heritage, dining, entertainment, agritourism and local food, sports, recreation, events and historic places attract visitors, create jobs and enliven neighborhoods. The city will support efforts to expand opportunities, reduce barriers for experiential businesses and reinforce the role of in-person experiences in economic diversity and cultural identity. The proposed rezoning supports a future redevelopment of the property with experiential facilities and businesses including enabling the performing arts, entertainment, and dining. The amendments to the MU-4 zoning district support increased intensity on the subject property to enable a development that attracts visitors and provides a lively, mixed-use neighborhood.

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67. Arts, Culture and Heritage: The city supports a diverse range of affordable and accessible arts and cultural experiences by supporting investment in art in public places, venues, facilities, special events and programs that reflect Boulder’s creative spirit, heritage and community diversity. Arts and cultural programs will reflect the cultural and linguistic diversity of Boulder’s community members. The proposed rezoning enables investment in a new performing arts venue. The amendments to the MU-4 zoning district support increased intensity and height on the subject property to enable the development of the venue and a vibrant, mixed-use neighborhood.

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82. Housing Diversity and Supply: The city supports increasing the housing supply by promoting a full spectrum of housing types and price points, including middle housing and middle-income opportunities, throughout the city that enable people to remain in and join the community as their needs, incomes and household compositions change over time. The proposed rezoning enables creation of hundreds of new housing units, such as a mix of attached dwelling units and townhomes, as part of a new mixed-use neighborhood. The amendments to the MU-4 zoning district support increased intensity and height on the subject property, enabling creation of the greatest number of dwelling units and increasing housing supply.

Fiscal Note Review of this project is part of the P&DS team’s standard workplan and its impacts are incorporated into annual expense forecasting as part of annual budget development.

Thus, there is no net impact to department expenses as part of this development review. If approved as proposed, the ordinance would exempt the applicable development from the additional community benefit requirements established in B.R.C. 9-2-14(h)(6)(C). These requirements currently provide additional affordable housing benefits associated with certain increases in building height or land use intensity, including increased affordable housing requirements and/or payment of the affordable housing portion of the Capital Facility Impact Fee. The ordinance may therefore reduce affordable housing contributions or fee revenue from the development that would otherwise be subject to these requirements. The amount of foregone revenue cannot be projected at this time because it will depend on future fee schedules and project-specific calculations. These fees would generally not be collected until development is completed, potentially several years in the future.

Findings Staff finds that the proposed rezoning to MU-4 meets the applicable criteria in Sections 9-2-19(e) and (f), B.R.C. 1981. Staff finds the proposed ordinance granting authority to approve a development with a Maximum Floor Area Ratio (FAR) of 3.5 and a Maximum Permitted Building Height of 55-feet is consistent with the land use map designation and goals, policies, and objectives of the Boulder Valley Comprehensive Plan (BVCP) and the Transit Village Area Plan (TVAP) Phase 2 on the property. Staff recommends that council introduce and order published by title only Ordinance 8782.

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Attachments A:

Draft Rezoning Ordinance 8782

B:

Applicant’s Written Statement

C:

Draft Planning Board Minutes

D:

Written Public Comments