Attachment C_Rezoning Ord (5505 Arapahoe) FINAL

Regular Meeting, February 5, 2026 · item 6A: Second reading and consideration of a motion to adopt Ordinance 8736 rezoning approximately 65,122 square feet of land located at 5501 Ara… · 7 pages

This is the text extracted from the file, without its layout, tables, or images. Use the original for anything that matters.

ORDINANCE 8737

AN ORDINANCE REZONING APPROXIMATELY 56,896 SQUARE FEET OF LAND LOCATED AT 5505 ARAPAHOE AVENUE AND THE ADJACENT ARAPAHOE AVENUE RIGHT-OF-WAY FROM THE BUSINESS - COMMUNITY 1 (BC-1) TO THE MIXED USE 4 (MU-4) ZONING DISTRICT, AND REZONING THE ADJACENT 56TH STREET RIGHT-OFWAY FROM INDUSTRIAL - GENERAL (IG) TO THE MIXED USE 4 (MU-4) ZONING DISTRICT AS DESCRIBED IN CHAPTER 9-5, “MODULAR ZONE SYSTEM,” B.R.C., 1981, AND SETTING FORTH RELATED DETAILS.

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

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

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

on December 2, 2025, in consideration of rezoning approximately 56,896 square feet of land from the Business - Community 1 (BC-1) zoning district to the Mixed Use 4 (MU-4) zoning district, that is a parcel of land generally located at 5505 Arapahoe Avenue, City of Boulder, County of Boulder, State of Colorado, as more particularly described on Exhibit A attached to this ordinance (the “5505 Arapahoe Property”), and the adjacent Arapahoe Avenue right-of-way currently zoned Business - Community 1 (BC-1) and the adjacent 56th Street right-of-way currently zoned

Industrial – General (IG), shown on Exhibit B attached (“Adjacent Rights-of-Way”). The 5505

Arapahoe Property and the Adjacent Rights-of-Way are collectively hereafter referred to as the

“Property.”

21 22 23 24 25

The Planning Board found that the rezoning of the Property from the Business -

Community 1 (BC-1) and Industrial – General (IG) zoning districts to the Mixed Use 4 (MU-4) zoning district is consistent with the policies and goals of the Boulder Valley Comprehensive Plan; is necessary to bring the Property into compliance with the Boulder Valley Comprehensive Plan

o-8737 1st Rdg

land use map designation of Mixed Use Transit-Oriented Development; and meets the criteria for

rezoning to the MU-4 zoning district as provided in Chapter 9-2, “Review Processes,” B.R.C.

1981;

4 5 6 7 8 9

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 95, “Modular Zone System,” B.R.C. 1981; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO:

10 11

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 within the Mixed Use 4 (MU-4) zoning

district.

14 15 16 17

Section 2. The City Council finds that the rezoning of the Property from the Business Community 1 (BC-1) and Industrial – General zoning districts to the Mixed Use 4 (MU-4) zoning district is consistent with the policies and goals of the Boulder Valley Comprehensive Plan, is

necessary to bring the Property into compliance with the Boulder Valley Comprehensive Plan map,

and meets the criteria for rezoning to the MU-4 zoning district as provided in Chapter 9-2, “Review

Processes,” B.R.C. 1981. The City Council adopts the recitals as a part of this ordinance.

21 22

Section 3. The City Council has jurisdiction and legal authority to rezone the Property.

Section 4. 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

25 o-8737 1st Rdg

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

of the City of Boulder.

Section 5. The City Council deems it appropriate that this ordinance be published by title

4 5 6

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

7 8

INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 8th day of January, 2026.

9 10 11 Aaron Brockett Mayor

12 13 14

Attest:

15 16 17 18

Elesha M. Johnson City Clerk

19 20 21

READ ON SECOND READING, PASSED, ADOPTED, AND ORDERED PUBLISHED BY TITLE ONLY this 5th day of February, 2026.

22 23 24

Aaron Brockett Mayor

25 o-8737 1st Rdg

Attest:

2 3 4 5

Elesha M. Johnson City Clerk

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 o-8737 1st Rdg

EXHIBIT A

LEGAL DESCRIPTION

(5505 Arapahoe Avenue)

4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

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

23 24 25 o-8737 1st Rdg

EXHIBIT B

REZONING MAP

(5505 Arapahoe Avenue)

4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 o-8737 1st Rdg