Boulder City Council · Document
Attachment B - Draft Rezoning Ordinance 8774
Regular Meeting, October 1, 2026 · item 3E: Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8774, rezoning approximately 3.72 acre… · 17 pages
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ORDINANCE 8774
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AN ORDINANCE REZONING APPROXIMATELY 3.72 ACRES OF LAND LOCATED AT 2106 AND 2130 ARAPAHOE AVE., AN ADJACENT 0.03-ACRE PORTION OF MARINE STREET, AND A PORTION OF ADJACENT ARAPAHOE AVENUE RIGHT-OF-WAY FROM THE PUBLIC (P) TO THE RESIDENTIAL – HIGH 5 (RH-5) ZONING DISTRICT; A PORTION OF ADJACENT ARAPAHOE AVENUE RIGHT-OFWAY FROM THE RESIDENTIAL – HIGH 2 (RH-2) TO THE RESIDENTIAL – HIGH 5 (RH-5) ZONING DISTRICT; AND A PORTION OF ADJACENT ARAPAHOE AVENUE RIGHT-OFWAY FROM THE RESIDENTIAL – MIXED 1 (RMX-1) TO THE RESIDENTIAL – HIGH 5 (RH-5) ZONING DISTRICT AS DESCRIBED IN CHAPTER 9-5, “MODULAR ZONE SYSTEM,” B.R.C., 1981, AND SETTING FORTH RELATED DETAILS.
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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 September 15, 2026, in consideration of a request to rezone (1) from the Public (P) to the Residential – High 5 (RH-5) zoning district (a) approximately 3.72 acres of land generally located at 2106 and 2130 Arapahoe Av., City of Boulder, County of Boulder, State of Colorado, as more particularly described on Exhibit A attached to this ordinance (the “2130 Arapahoe Property”),
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(b) an adjacent 0.03-acre portion of Marine Street, as shown on Exhibit B attached to this
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ordinance (the “Portion of Marine St.”), and (c) a portion of adjacent Arapahoe Avenue right-of-
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way, to the centerline, as shown on Exhibit C attached to this ordinance (the “Northerly Portion
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of Adjacent Arapahoe Avenue Right-of-way”); (2) from the Residential – High 2 (RH-2) to the
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Residential – High 5 (RH-5) zoning district a portion of adjacent Arapahoe Avenue right-of-way,
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to the centerline, as shown on Exhibit C attached to this ordinance (the “Northwesterly Portion of
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Adjacent Arapahoe Right-of-Way”); and (3) from the Residential – Mixed 1 (RMX-1) to the
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Residential – High 5 (RH-5) zoning district a portion of adjacent Arapahoe Avenue right-of-way, to the centerline, as shown on Exhibit C attached to this ordinance (the “Far Northwesterly Portion o-8774 1st Rdg
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of Adjacent Arapahoe Right-of-Way”). The 2130 Arapahoe Property, the Portion of Marine St.,
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the Northerly Portion of Adjacent Arapahoe Right-of-Way, the Northwesterly Portion of Adjacent
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Arapahoe Right-of-Way, and the Far Northwesterly Portion of Adjacent Arapahoe Right-of-Way
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are hereafter collectively referred to as the “Property.” This request to rezone the Property to the
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RH-5 zoning district is hereafter collectively referred to as the “Rezoning.”
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B.
The 2130 Arapahoe Property has a Boulder Valley Comprehensive Plan map
designation of Neighborhood 2. C.
The Planning Board found that the requested Rezoning of the Property to the RH-
5 zoning district is consistent with the policies and goals of the Boulder Valley Comprehensive Plan; is necessary to come into compliance with the Boulder Valley Comprehensive Plan land use map designation of Neighborhood 2; and meets the criteria for rezoning as provided in Chapter 92, “Review Processes,” B.R.C. 1981; D.
The Planning Board recommended that the City Council amend the zoning district
map to include the Property in the Residential – High 5 (RH-5) zoning district as provided in Chapter 9-5, “Modular Zone System,” B.R.C. 1981;
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E.
The Rezoning of the Property to the RH-5 zoning district is consistent with the
policies and goals of the Boulder Valley Comprehensive Plan. F.
Clear and convincing evidence demonstrates that the Rezoning of the Property is
necessary to bring the Property into compliance with the Boulder Valley Comprehensive Plan map. G.
The Rezoning of the adjacent rights-of-way as set forth in this ordinance establishes
boundaries consistent with Section 9-5-3, “Zoning Map,” B.R.C. 1981. o-8774 1st Rdg
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H.
Accordingly, the Rezoning meets the criteria for rezoning as provided in Chapter
9-2, “Review Processes,” B.R.C. 1981. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO:
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Section 1. Chapter 9-5, “Modular Zone System,” B.R.C. 1981, and the zoning district map
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forming a part thereof are amended to include the Property within the Residential – High 5 (RH-
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5) zoning district as shown on the Exhibit D attached to this ordinance.
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Section 2. The City Council finds that the rezoning of the Property to the Residential –
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High 5 (RH-5) zoning district is consistent with the policies and goals of the Boulder Valley
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Comprehensive Plan and clear and convincing evidence demonstrates that Rezoning is necessary
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to bring the Property into compliance with the Boulder Valley Comprehensive Plan map, and
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meets the criteria for rezoning as provided in Chapter 9-2, “Review Processes,” B.R.C. 1981. The
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City Council adopts the recitals as a part of this ordinance.
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Section 3. The City Council has jurisdiction and legal authority to rezone the Property. Section 4. The City Council intends that if the rezoning of any portion of right-of-way is found to be invalid by the valid judgment or decree of any court of competent jurisdiction, such invalidity does not affect the rezoning of any portion of the Property that is not right-of-way.
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Section 5. This ordinance is necessary to protect the public health, safety, and welfare of
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the residents of the city, and covers matters of local concern. The Rezoning of the Property bears
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a substantial relation to, and will enhance the general welfare of, the Property and of the residents
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of the City of Boulder. o-8774 1st Rdg
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Section 6. The City Council deems it appropriate that this ordinance be published by title
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only and orders that copies of this ordinance be made available in the office of the city clerk for
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public inspection and acquisition.
4 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
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TITLE ONLY this 1st day of October 2026.
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Aaron Brockett Mayor
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Attest:
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Elesha M. Johnson City Clerk
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READ ON SECOND READING, PASSED, ADOPTED, AND ORDERED PUBLISHED
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BY TITLE ONLY this 15th day of October 2026.
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Aaron Brockett Mayor
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Attest:
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Elesha M. Johnson City Clerk
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EXHIBIT A
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LEGAL DESCRIPTION
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(2130 ARAPAHOE PROPERTY)
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LOCATED IN THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BOULDER, COUNTY OF BOULDER, STATE OF COLORADO
Flatirons, Inc. Land Surveying Services
www.FlatironsInc.com
J A COB K
ES
SI
RV
EYO
R
Z
PROF
38409
ED
J ESS
DO L I CE UNT
COL
RA
NS
O
LOCATED IN THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BOULDER, COUNTY OF BOULDER, STATE OF COLORADO
ONA
L L A ND
SU
Flatirons, Inc. Land Surveying Services
www.FlatironsInc.com
LOCATED IN THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BOULDER, COUNTY OF BOULDER, STATE OF COLORADO
Flatirons, Inc. Land Surveying Services
www.FlatironsInc.com
LOCATED IN THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BOULDER, COUNTY OF BOULDER, STATE OF COLORADO
Flatirons, Inc. Land Surveying Services
www.FlatironsInc.com
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EXHIBIT B
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LEGAL DESCRIPTION
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(PORTION OF MARINE ST.)
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J A COB K
ED
ES
SI
R RV
EY O
P RO F
38409
Z
J ESS
DO L I CE UNT
COL
RA
NS
O
LOCATED IN THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BOULDER, COUNTY OF BOULDER, STATE OF COLORADO
ONA
L L A ND
SU
Flatirons, Inc. Land Surveying Services
www.FlatironsInc.com
J A COB K
ES
SI
RV
EYO
R
Z
P ROF
38409
ED
COL
DO L I CE UNT
J ESS
RA
NS
O
LOCATED IN THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BOULDER, COUNTY OF BOULDER, STATE OF COLORADO
ONA
L LAN
U D S
Flatirons, Inc. Land Surveying Services
www.FlatironsInc.com
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EXHIBIT C
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(EXISTING ZONING DESIGNATIONS MAP)
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EXHIBIT C
21ST ST.
22ND ST.
EXISTING ZONING DESIGNATIONS
RMX-1 FAR NORTHWESTERLY PORTION OF ADJACENT ARAPAHOE RIGHT-OF-WAY
NORTHWESTERLY PORTION OF ADJACENT ARAPAHOE RIGHT-OF-WAY
RH-2
ARAPAHOE AVE. NORTHERLY PORTION OF ADJACENT ARAPAHOE RIGHT-OF-WAY
RH-1
P
P
2106 AND 2130 ARAPAHOE AVE.
MARINE ST.
0.03-ACRE PORTION OF MARINE ST. 200 FT N
LEGEND Parcels Area To Be Rezoned
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EXHIBIT D
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(NEW ZONING DESIGNATIONS MAP)
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EXHIBIT D
21ST ST.
22ND ST.
NEW ZONING DESIGNATIONS
RMX-1
RH-2
ARAPAHOE AVE.
RH-1
P
RH-5
2106 AND 2130 ARAPAHOE AVE.
MARINE ST.
0.03-ACRE PORTION OF MARINE ST. 200 FT N
LEGEND Parcels