Attachment C - 09.22.26 Draft Planning Board Meeting Minutes

CITY OF BOULDER PLANNING BOARD ACTION MINUTES September 22, 2026 Hybrid Meeting A permanent set of these minutes and an audio recording (maintained for a period of seven years) are retained in Central Records (telephone: 303-441-3043). Minutes and streaming audio are also available on the web at: http://www.bouldercolorado.gov/ PLANNING BOARD MEMBERS PRESENT: Laura Kaplan, Chair Mark McIntyre Kurt Nordback ml Robles (virtual) Maxwell Lord Mason Roberts Claudia Hanson Thiem PLANNING BOARD MEMBERS ABSENT: STAFF PRESENT: Shannon Moeller, Planning Manager Hella Pannewig, Senior Counsel Charles Ferro, Development Review Planning Senior Manager Thomas Remke, Senior Operations Specialist Brad Mueller, Planning and Development Services Director 1. CALL TO ORDER Chair, L. Kaplan, declared a quorum at 6:00 p.m. and the following business was conducted. 2. PUBLIC PARTICIPATION Virtual: 1) Lynn Segal 3. APPROVAL OF THE MINUTES There were no minutes to approve. 4. DISCUSSION OF DISPOSITIONS, PLANNING BOARD CALL-UPS / CONTINUATIONS There were no call-up items. 5. PUBLIC HEARING ITEMS A. AGENDA TITLE: Public Hearing and consideration of a recommendation to City Council regarding a 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 (IS2), 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. (00:08:00) Staff Presentation: Shannon Moeller presented the item to the board. (00:33:45) Board Questions: Shannon Moeller answered questions from the board. (01:32:00) Applicant Presentation: Danica Powell and Daniel Aizenman presented the item to the board. (01:48:00) Board Questions: Danica Powell and Daniel Aizenman answered questions from the board. (02:06:45) Board recess. (02:16:00) Public Participation: In Person: 1) Nick Forster 2) Maria Cole 3) David Ensign Virtual: 1) Lynn Segal Board Discussion: Staff has identified the following key issues to help guide the board’s discussion: 1. Is the rezoning request consistent with the Rezoning criteria in Sections 9-2-19(e) and (f), B.R.C. 1981? 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? (02:29:00) The board discussed the item and responded to key questions from the board. (02:58:51) 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. (03:05:00) MOTION: 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 92-14(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 9-2-14(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. (03:21:00) MOTION: K. Norback made a motion to remove the FAR exemption for structured parking from the ordinance. The motion did not receive a second. (03:21:50) MOTION: 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.

6. MATTERS FROM THE PLANNING BOARD, PLANNING DIRECTOR, AND CITY ATTORNEY 7. DEBRIEF MEETING/CALENDAR CHECK 8. ADJOURNMENT The Planning Board adjourned the meeting at 9:47 PM. APPROVED BY

Laura Kaplan ___________________ Board Chair ________________ DATE