Quasi Judicial Memo

City of Boulder City Council Quasi-Judicial Agenda Item Meeting Date: October 23, 2025 Agenda Title Consideration of a Concept Plan Review and Comment for 5469 and 5515 S. Boulder Rd. to develop 35 residential homes on a combined 2.8-acre site. Dwelling units will contain a mix of duplex, triplex, and townhouses. A height modification will be requested due to site grading associated with drainage and floodplain. Reviewed under case no. LUR2025-00057.

Staff Contact • •

Alison Blaine, Senior Planner, Planning and Development Services Brad Mueller, Director, Planning & Development Services

Executive Summary The purpose of this item is for City Council to consider whether to call up the abovereferenced application for review and comment at a public hearing. On September 16, 2025 and continued on September 30, 2025, the Planning Board held a hybrid public hearing and reviewed and commented on the proposal. The 30-day call up period concludes on October 30, 2025. City Council is scheduled to consider this application for call-up at its October 23, 2025, meeting. The staff memorandum to Planning Board 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 September 16 public hearing, including staff’s presentation and clarifying questions, can be found here (starts at 2:55:25). Planning Board continued the public hearing due to a power outage. The video for the continued hearing on September 30, starting with the applicant’s presentation, can be found here.

The applicant’s submittal package is provided in Attachment A. The draft minutes for the meetings are provided in Attachment B.

Council Action Options Option

Outcome

Call up the application

To call up the application, council must pass a motion. Suggested motion language: Motion to call up Concept Plan application #LUR2025-00057 for 5469 and 5515 S. Boulder Rd. to develop 35 residential homes on a combined 2.8-acre site. Called-up item will be scheduled for a public hearing at a future council meeting within 60 days.

Do not call up the application No council action is needed.

Planning Board History At the public hearing on September 16, 2025 and September 30, 2025, the Planning Board heard presentations by staff and the applicant and asked questions following each presentation. Five residents spoke during the public comments portion of the hearing and expressed concerns regarding impacts to wildlife, added density in a rural area, proposed height, traffic congestion along S. Boulder Rd., and flood and high groundwater impacts to adjacent property owners as a result of new development. The Planning Board discussed four key issues at the public hearing: 1. Considering Boulder Valley Comprehensive Plan (BVCP) goals and policies, does Planning Board support a Land Use Map Change and Rezoning of the site in order to allow for the proposed residential density/ intensity? 2. Does Planning Board support the proposed Annexation Agreement Amendment? 3. Is the proposed concept plan generally compatible with the goals, objectives, and recommendations of the Boulder Valley Comprehensive Plan (BVCP)? 4. Does Planning Board have feedback to the applicant on the conceptual site plan and architecture? Regarding Key Issue One, Planning Board supported the proposed land use map change and rezoning to allow for additional density given the site’s location. Overall, Planning Board encouraged the applicant to maximize the number of units and affordability. Regarding Key Issue Two, many Board members echoed residents’ concerns over flooding in the area and encouraged the applicant to work with city staff to determine the

appropriate size for the flood control easement. Board members were also concerned with granting relief to the affordable housing provisions requested, specifically with the proposed increase to the maximum size for market rate units. Overall, Planning Board agreed that a development with more units that are smaller in size would be more supportable. Several Board members wanted the applicant to pursue increased density (up to 20 dwelling units per acre as allowed through Site Review). Planning Board expressed that a greater mix of size and affordability would better align with the BVCP goals. One member expressed concerns with the 3/4 access conflicting with the existing median and another member supported the applicant’s request for a second access for emergency vehicles. Regarding Key Issue Three, the Board agreed that the project was consistent with the policies of the BVCP but encouraged the applicant to explore a proposal with more, smaller-sized units. Regarding Key Issue Four, Planning Board agreed with comments issued by staff. The Board encouraged more attention to communal open space and providing amenity areas to create a complete place and community for the residents. The Board was split on the orientation of the homes – some members felt that the homes should face and interact with the public realm along S. Boulder Rd. while others encouraged a greater focus on creating a neighborhood feel central to the site instead of establishing an aesthetic along S. Boulder Rd., which is loud and congested. Planning Board also recommended moving flood control to the south of the site and away from the property owners to the north, reducing the widths of the internal streets, and creating a stubbed connection through the site for future connectivity to uses to the north such as the East Boulder Rec Center.

Public Input Process Consistent with Section 9-4-3, “Public Notice Requirements,” B.R.C. 1981, staff provided notification to all property owners within 600 feet of the subject location of the application, and signs have been posted by the applicant. Staff received written comments from two neighbors during the Concept Plan review. These comments are included in the packet to Planning Board under Attachment D.

Analysis – Alignment with Relevant Portions of Boulder Revised Code The staff memorandum to Planning Board that includes staff analysis and the applicant’s submittal materials are available on the Records Archive for the Planning Board.

Fiscal Note The project will not have a meaningful fiscal impact because it is part of the P&DS team's standard workplan, and therefore the impact of the development is already incorporated into the annual revenue forecasting as part of the Budget Office's annual budget development for the Planning & Development Services Fund.

Next Steps for City Council City Council may call up the application. If the application is called up, City Council will be the decision-maker on the application and will review and provide comments at a future public meeting. If the application is not called up, the Board’s decision is final.

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Attachments Attachment A: Applicant’s Plans and Written Statement Attachment B: Draft Meeting Minutes