Attachment B - Applicant's Written Statement

Attachment B - Applicant's Written Statement Written Statement - Pearl Arts District (PAD)​ ​ September 14, 2026

Pearl Arts District (PAD) Rezoning LUR2026-00024 This written statement relates to the rezoning of 14.84 acres at 3550-3850 Frontier Avenue to implement the Transit Village Area Plan (TVAP) Phase 2 and the 2026 update to the Boulder Valley Comprehensive Plan (BVCP). TVAP Phase 2 was approved in September 2023 and this property was designated Mixed Use Transit Oriented Development (MUTOD) with a Place Type of “Regional Transit Oriented Development”. Phase 2 of the TVAP seeks to redevelop industrial warehouses and parking lots into a mixed-use, transit-oriented neighborhood that will help meet citywide goals for housing affordability, climate action, mobility, open space, and equity, all at the heart of the city. In addition, the recently adopted major update to the BVCP includes extensive policy direction to support this rezoning as well as an updated land use map designation of “Regional Hub”. Regional Hubs are major destinations for community members and visitors to the Boulder Valley. They are envisioned as busy, high-energy places where people come to work, visit, shop, dine, and live, enjoying activity through the day and night. They include a mix of stores, restaurants, entertainment venues, cultural attractions, offices and housing. The Pearl Arts District (PAD) Concept Plan submission (LUR2025-00086) contains additional details on the project which anticipates a 2,500-person capacity event venue, rehearsal space, a hotel, apartments, commercial uses such as restaurants, coffee shops, and retail, and structured parking. The Concept Plan illustrates how the City's adopted TVAP Phase 2 vision can be implemented on this property. To move forward the property's zoning must now be brought into alignment with the adopted land use. Our proposal is to rezone the property to MU4 with targeted legislative modifications to align with the TVAP 2 land use of MUTOD and the BVCP land use of Regional Hub to support the goals and vision of the community. The City originally intended to initiate the creation of new zone districts and a Form Based Code (FBC) to implement TVAP 2, similar to TVAP Phase 1 and the East Boulder Subcommunity Plan. However City policy and work plans changed, and the City decided not to adopt a FBC or create new zone districts for this area. As a result, the property's existing zoning (IS-1 and IS-2) do not reflect the land use designation adopted through TVAP Phase 2 and the Regional Hub land use designation in the BVCP. In order to move this project forward, we propose rezoning to MU-4, the existing zone district that most closely aligns with MUTOD, with targeted modifications necessary to implement the TVAP Phase 2 and BVCP community vision for these properties.

1

Attachment B - Applicant's Written Statement Written Statement - Pearl Arts District (PAD)​ ​ September 14, 2026

TVAP 2 Approved Land Use and Place Type MUTOD and Regional TOD As part of TVAP Phase 2, the property was designated MUTOD. The adopted vision for MUTOD character, scale, and mix of uses is further outlined below. Characteristics and Location: MUTOD areas pair existing or planned transit facilities with residential and commercial development opportunities. The goal of MUTOD areas is to transform existing, disparate uses into mixed-use, transit-oriented neighborhoods rich with amenities and services. MUTOD areas are located at regional or local mobility hubs and/or along key transit corridors.

and horizontally integrated in MUTOD areas.

Uses: Contains predominantly for attached residential uses. Supporting uses to be allowed to include office, retail, service, commercial and light industrial. Uses should be vertically

FAR Range: 1.0 - 3.5 Useable Open Space: minimum 10-20% of total land area based on building height Building Character ○​ Buildings may have large ground-floor openings for loading/unloading that may serve multiple purposes. ○​ Architecture should express innovation, creativity, and Boulder entrepreneurialism. This place type prioritizes energy conservation and activation. Allowed Uses ○​ Dining and entertainment such as restaurants, taverns, cafes, and event/performance spaces; ○​ Light Industrial; ○​ Residential such as attached dwellings, townhomes, and live-work units;

2

Attachment B - Applicant's Written Statement Written Statement - Pearl Arts District (PAD)​ ​ September 14, 2026

○​ Retail; ○​ Personal services; ○​ Public and institutional uses such as daycares, educational facilities, and museums; ○​ Lodging

TVAP Place Type of Regional TOD: TVAP 2 also creates Place Types. This property is designated a Regional TOD Place Type, which “intends to maintain opportunities for light industrial and flex uses while integrating public-facing retail and providing transit supportive, attainable housing options. The area should prioritize energy conservation, urban rewilding strategies and creativity in new and redevelopment.”

2026 Boulder Valley Comprehensive Plan (BVCP) Regional Hub, Boulder Arts Blueprint Alignment The Project meets key Regional Hub goals, including expansion of housing choice; enhancement of Boulder’s arts, cultural and civic life; strengthening of the local economic vitality, and support for event and hotel space for an expanded cultural landscape in the community. It also meets the goals for future activation envisioned in the City of Boulder Arts Blueprint, which was adopted by the Boulder Arts Commission on March 26, 2026, and for the Sundance Film Festival, which will be held in the city for the next 10 years. The Project is consistent with the Boulder Arts Blueprint goals related to the creation of new arts venues, including supporting new spaces for arts and culture by building and improving community facilities (Goal 1: Accessibility and inclusion) and by supporting new cultural infrastructure so organizations have safe, affordable, and functional spaces (Goal 5: Nonprofits and institutions). A full analysis of the project’s alignment with the 2026 BVCP is provided below.

3

Attachment B - Applicant's Written Statement Written Statement - Pearl Arts District (PAD)​ ​ September 14, 2026

Rezoning Request: MU-4 with Modifications In the absence of adopted zone districts that align with TVAP2 and the BVCP, the project proposes to rezone the properties to MU-4 with targeted modifications that are necessary to deliver the vision and goals of the community. This approach has been recommended by city staff as the most expedient solution to bring the property’s zoning into alignment with the community’s vision for this area and to allow the project to move forward. Proposed Modifications: A. Floor Area Ratio: Maximum FAR shall be 3.5, consistent with TVAP land use MUTOD, Place Type Regional TOD and BVCP land use designation as a Regional Hub. Structured parking shall be excluded from floor area calculations. Because there is no adopted zone district specifically designed to implement MUTOD and the development standards contemplated for Regional TOD, the 3.5 FAR is necessary to align the underlying zoning with the intensity of development contemplated by TVAP Phase 2. B. Building Height: Buildings up to 55’ shall be permitted consistent with TVAP land use and place type to implement the Phase 2 goals for the Transit Village.

Rezoning Criteria Analysis 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: 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; Response: The City recently updated the Transit Village Area Plan (TVAP) in 2023. The land use on the property was changed to MUTOD as part of the update. The 2026 Boulder Valley Comprehensive Plan Map further designates the property Regional Hub. The property's existing zoning has not been updated to implement these land use designations and community vision. The proposed zoning of MU-4 (with modifications) has been identified as the existing zone district most compatible with these land use designations. Accordingly, the proposed rezoning is necessary to bring the property's zoning into compliance with the BVCP Map and to implement TVAP Phase 2.A detailed analysis is provided below. 4

Attachment B - Applicant's Written Statement Written Statement - Pearl Arts District (PAD)​ ​ September 14, 2026

2.​

The existing zoning of the land was the result of a clerical error; Response: N/A

3.​

The existing zoning of the land was based on a mistake of fact; Response: N/A

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; Response: N/A

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 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. Response: N/A

Additional Criteria for the MU-4, RH-3, RH-6 and RH-7 zoning districts. 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; Response: The site is accessed via Frontier Avenue, a public right of way with immediate access to Pearl Parkway. When the site comes in for Site Review, additional connections will be created, including multi modal connections, sidewalks, paseos and a traffic signal per TVAP, the TMP and the Site Review process. (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 Response: The site is accessed via Frontier Avenue, a public right of way with immediate access to Pearl Parkway. When the site comes in for Site Review, additional connections will be created, including multi modal connections, sidewalks, paseos and a traffic signal per TVAP and the TMP and Site Review process. 5

Attachment B - Applicant's Written Statement Written Statement - Pearl Arts District (PAD)​ ​ September 14, 2026

(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. Response: There are no public improvements or ROW improvements proposed with this rezoning. The rezoning is to bring the property’s zoning into conformance with the TVAP Land Use Map and the BVCP land use designation in order to proceed with Phase 1 of the project (Venue). Currently, portions of the ROW, including Frontier Avenue are within the high hazard, conveyance zone, and 100-year floodplain. There is an approved Conditional Letter of Map Revision (CLOMR) to mitigate the flood condition at the railroad trestle crossing (Slough Project), which is causing the spillover and floodplain conditions on this property (and 30+ properties in the vicinity) including the ROW. Conscience Bay is actively working with the City of Boulder and BNSF to finalize design work to proceed with the flood mitigation work and complete the Letter of Map Revision (LOMR). Anticipated completion of the LOMR is in 2030 per the City provided schedule below. The project is being phased to address the timing of the flood mitigation and LOMR. The first phase may include a venue and some improvements to Frontier Avenue as feasible with the existing floodplain condition.

(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: 6

Attachment B - Applicant's Written Statement Written Statement - Pearl Arts District (PAD)​ ​ September 14, 2026

(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. Response: Preliminary engineering has been conducted during Concept Review and through the exploration of a Special District for the property including wastewater, stormwater, management and flood control facilities. Conscience Bay submitted (and paid for) a CLOMR to mitigate and reduce the flood risk for the entire area. The CLOMR was approved in 2021 and currently Conscience Bay is working with the City to finalize engineering and permits. Construction is anticipated to be complete in 2030, per the city schedule (as shown below), which will remove this property, and 30+ additional properties, from the 100-year and high hazard zones. All other necessary public improvements will be designed through the site review process. (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; (ii) Under construction and will be available at the time that the impacts of the proposed development will occur; or (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.

Response: As noted above, a CLOMR for the Boulder Slough was approved in 2021. Since then Conscience Bay has been working with the City, Burlington Northern Santa Fe (BNSF) railroad, The North Boulder and Left Hand Ditch Companies, and adjacent property owners to finalize the flood mitigation design and implementation. All phases of this project will be subject to Site Review, which will include enforceable development agreements ensuring that public facilities will be in place at the time the development occurs. (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. Response: Conscience Bay has actively been working with the City to develop an infrastructure financing plan, including the utilization of TIF and Special Districts. (3) Transportation Demand Management Services. In the MU-4, RH-6 and RH-7 zoning districts, the property subject to the rezoning is located within an area that has parking and transportation related service provided by a general improvement district or an equivalent organization or otherwise meets the trip generation requirements of Section 7

Attachment B - Applicant's Written Statement Written Statement - Pearl Arts District (PAD)​ ​ September 14, 2026

9-9-22, "Trip Generation Requirements for the MU-4, RH-6 and RH-7 Zoning Districts," B.R.C. 1981. Note: Criterion 9-2-19(f)(3), Transportation Demand Management Services, B.R.C. 1981 was recently removed from the land use code by Ord. 8745. If the applicant wishes to move forward with the Rezoning request under the newly adopted standards, include a written request to be reviewed under the new standards adopted per Ord. 8745, effective June 20, 2026. Response: The applicant requests that this application be reviewed

under the standards adopted by Ordinance 8745, effective June 20, 2026. Accordingly, former Criterion 9-2-19(f)(3), Transportation Demand Management Services, is no longer applicable to this rezoning application and the City will implement the newly adopted TDM vision and goals established by Ordinance 8745.

Alignment with approved 2026 BVCP Update The BVCP explicitly promotes “mixed-used, transit-supported areas,” directly aligning with a district-scale arts and entertainment TOD concept. The proposed rezoning supports the policies identified through the community planning process and adopted as part of the recent major update to the BVCP. This site is designated a Regional Hub which are major destinations for both community members and visitors, characterized by a mix of housing, employment, retail, dining, entertainment and cultural uses, with activity throughout the day and night. Regional Hubs are intended to bring these uses together in artful, walkable and well-connected places that contribute to Boulder’s identity and economic vitality. The Pearl Arts District directly advances this vision. PAD proposes a mixed-use district centered on housing, arts and cultural facilities, a performing arts and event venue, lodging, restaurants and retail, employment opportunities with publicly accessible open spaces for the entire community.. The BVCP further establishes that Regional Hubs should be high-density, mixed-use areas accommodating a wide variety of uses that provide high-quality shared public spaces for gathering, movement and play to create active street frontages that demonstrate excellent architectural and public-realm design. Regional Hubs are also intended to provide abundant mobility choices, including transit connections, wide sidewalks, bicycle infrastructure and micromobility, while encouraging structured and shared parking. PAD's location at Boulder Junction and its integration with existing and planned local and regional transit make the site particularly suited to this form of development. 8

Attachment B - Applicant's Written Statement Written Statement - Pearl Arts District (PAD)​ ​ September 14, 2026

The proposed rezoning therefore does not introduce a development pattern inconsistent with the BVCP; rather, it provides the zoning framework necessary to implement the mixed-use, arts-oriented, transit-connected Regional Hub envisioned by the newly adopted Comprehensive Plan. Specific BVCP Policy Alignment: Policy 26 - Compact Urban Form: The city and county work together to ensure urban development is focused within Area 1-Urban Lands to utilize existing urban services, maintain a clear boundary between urban and rural areas and avoid patterns of leapfrog, noncontiguous, scattered development within the Boulder Valley. The city encourages redevelopment and infill within municipal boundaries alongside consideration of managed expansion of the Service Area, as allowed by Area 2-Urban Edge and the Area 3-Planning Reserve, to create a compact city and prevent the negative consequences of urban sprawl. Policy 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 city and county collaborate on transit investments and improvements so that local and regional transit systems are well integrated Policy 28 – Inclusive, Diverse and Inviting Community The city and county work to foster a diverse, inclusive and inviting community, recognizing that diversity strengthens community well-being and long-term resilience. Policies and programs support equitable access to housing, employment, education, services, and public spaces, ensuring that all community members can fully participate and thrive throughout the Boulder Valley. Policy 29 - 15-Minute Neighborhoods 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 city and county collaborate on transit investments and improvements so that local and regional transit systems are well integrated. 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. Policy 30 – Urban Natural Infrastructure 9

Attachment B - Applicant's Written Statement Written Statement - Pearl Arts District (PAD)​ ​ September 14, 2026

The city promotes and maintains a network of high-quality natural infrastructure including waterways, open lands, parks, urban tree canopy, and plant and habitat corridors to integrate environmental, social, health and recreation functions. Policy 37 - Design Excellence for all Projects The city expects urban development and public places to be designed and built to achieve high standards of excellence. New public and private projects should respond to and enhance Boulder’s unique sense of place, including its natural resources and ecosystems, architectural character and significant historic and cultural resources. Policy 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. Policy 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. Policy 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. Policy 59 - Business and Employment Diversity and Excellence 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. Policy 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,

10

Attachment B - Applicant's Written Statement Written Statement - Pearl Arts District (PAD)​ ​ September 14, 2026

equitable workforce and small business opportunities, natural and cultural resource protection and long-term economic resilience. Policy 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. Policy 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. Policy 64 - Funding City Services and Infrastructure The city promotes sustainable, diverse and flexible sources of revenue to create reliable funding for continued investment in city services, infrastructure and maintenance to maintain high quality of life for the community. The city will explore and utilize as appropriate the variety of mechanisms enabled through state legislation, such as improvement districts, metropolitan districts, tax increment financing and urban renewal to support redevelopment and investments in infrastructure, programs and services. Policy 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. Policy 82 - Housing Diversity and Supply The city supports increasing the housing supply by promoting housing types and price points that are more affordable, including middle housing types and middle-income housing, throughout the city that enable people to remain in and join the community as their needs, incomes and household compositions change over time.

11