Agenda Memo

City of Boulder City Council Agenda Item Meeting Date: January 8, 2026 Agenda Title Consideration of a Form-Based Code Review for redevelopment of the properties located at 5501 and 5505 Arapahoe Ave. with a new, five-story mixed use building containing 300 dwelling units and 2,918 square feet of retail and production business space. Reviewed under application LUR2025-00027

Staff Contact •

Chandler Van Schaack, Principal Planner, Planning and Development Services

Executive Summary The purpose of this item is for City Council to consider whether to call up the Planning Board’s decision on the Form-Based Code Review application for redevelopment of the

properties located at 5501 and 5505 Arapahoe Ave. with a new, five-story mixed use building containing 300 dwelling units and 2,918 square feet of retail and production business space. Reviewed under application LUR2025-00027. On December 2, 2025, the Planning Board held a public hearing and voted 4-3 to approve the Form-Based Code Review application with conditions as recommended by staff

and with the following sentences to be added to the condition 3.b.: The final plans shall show the production business space with a minimum floor to ceiling height of 12 feet; and The final site plans shall note an exception for the streetscape plazas along Arapahoe Avenue to allow them to extend from the right-of-way to where their northern boundary is shown on the Applicant’s plans dated October 10, 2025, where otherwise the streetscape plazas would have to extend to the 20-foot maximum

setback. An addendum to the written statement shall be filed with the final plans describing how the standards applicable to the exception are met. The Planning Board decision is subject to a 30-day City Council call up period which concludes on January 2, 2025. City Council is scheduled to consider this application for call-up at its meeting on December 18, 2025. The staff memorandum to Planning Board and the applicant’s submittal materials along with other related background materials are available on the Records Archive for the Planning Board. The applicant’s plan set and written statement is provided in Attachment B. The recorded video from the hearings can be found at the following link: December 2, 2025 Planning Board Hearing (item begins 30 minutes into the video).

Council Action Options Option

Outcome

Call up the application

To call up the application, council has to pass a motion. Suggested motion language: Motion to call up Form-Based Code Review application #LUR202500027. Called-up item will be scheduled for a public hearing at a future council meeting within 60 days of the date that the item is called up.

Do not call up the application No council action is needed. Decision of the lower body stands.

Planning Board History At the public hearing on December 2, 2025, the Planning Board held a quasi-judicial hearing to review the proposed Form-Based Code application described above. Following a public hearing, the board voted to approve with conditions Form-Based Code Review application #LUR2025-00027 with the following motion: On a motion by M. McIntyre and seconded by C. Hansom-Thiem, the Planning Board voted 4-3 to approve Form-Based Code Review application #LUR2025-00027, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria, and subject to the recommended conditions of approval with the following sentences to be added to the condition 3.b.:

The final plans shall show the production business space with a minimum floor to ceiling height of 12 feet; and The final site plans shall note an exception for the streetscape plazas along Arapahoe Avenue to allow them to extend from the right-of-way to where their northern boundary is shown on the Applicant’s plans dated October 10, 2025, where otherwise the streetscape plazas would have to extend to the 20-foot maximum setback. An addendum to the written statement shall be filed with the final plans describing how the standards applicable to the exception are met. And finding, additionally, that the proposed streetscape plaza exception is generally consistent with the goals and intents of the East Boulder Subcommunity Plan and Station Area Master Plan in that the proposal assists in the creation of a mixed-use, transit-oriented neighborhood rich with amenities and services and that this exception will not create any adverse impacts on residents of the development or surrounding properties beyond what is ordinarily expected through implementation of the standards within Chapter 9-14, “Form-Based Code,” B.R.C. 1981, because the project creates interesting variety in the Arapahoe Avenue street wall. At the hearing, the Planning Board listened to presentations from staff and the applicant and asked questions of each. There were two public comments on the item. The board held a lengthy discussion on whether the proposal meets the Form-Based Code standards and whether the requested exceptions to the Form-Based Code and modifications to the Land Use Code meet the applicable criteria. Several board members expressed frustration with the Form-Based Code in general and expressed a desire for more specific standards as well as more detailed exception criteria. The board held several informal “straw poll” votes on the requested exceptions, and ultimately expressed support that the exception criteria for all but the requested exception to the Production Business Space standards were met, with five board members finding the proposed 10-foot ceiling height for the Production Business Space of the development where otherwise 12 –feet are required was not generally consistent with the goals and intents of the East Boulder Subcommunity Plan or Station Area Master Plan. The board agreed that a clear definition of Production Business space should be added to the Form-Based Code. Overall, four board members felt that the project meets the Form-Based Code standards and were supportive of two of the requested exceptions as well as the two requested modifications to the Land Use Code. Three board members found that the project does not meet the Building Articulation standards of the Form-

Based Code along the Arapahoe and 56th Street frontages. There was a lengthy discussion on this issue, with one board member expressing the opinion that the building articulation standards as written are insufficient to implement the desired building articulation for the area as expressed by the East Boulder Subcommunity Plan and the 55th and Arapahoe Station Area Master Plan. Ultimately, the Planning Board approved the application subject to the conditions of approval as recommended by staff and adding the two sentences described above, which effectively deny the requested ceiling-height exception to the Production Business Space standards and approve the requested exception to the required street wall variation standards. The Planning Board Disposition can be found in Attachment A. Refer to Attachment D for the draft meeting minutes from the Planning Board meeting.

Public Comment Consistent with Section 9-4-3, “Public Notice Requirements,” B.R.C. 1981, staff provided written notifications to property owners and all addresses within 600 feet of the subject property. In addition, a public notice sign was posted on the property and therefore, all public notice requirements of section 9-4-3, “Public Notice Requirements,” B.R.C. 1981 were met. Staff has not received any written public comments on the request.

Analysis – Alignment with Relevant Portions of Boulder Revised Code As a new redevelopment project within the East Boulder Subcommunity Plan Area, the proposal is subject to the regulations and review process of the FBC. The FBC regulations are found in Chapter 14 of the Land Use Code the review process within Section 9-2-16, "Form-Based Code Review," B.R.C. 1981. FBC Reviews are typically staff level reviews subject to Planning Board call up or citizen appeal; however, given the scope of the project and the concurrent Rezoning proposal requiring action by the Planning Board, staff referred the FBC application to Planning Board for a final decision at a public hearing. FBC Reviews do not require height modifications like Site Review applications. Unlike Site Reviews, FBC reviews are largely prescriptive in nature and are subject to compliance with detailed regulations in Chapter 14 of the Land Use Code. To allow for some flexibility, exceptions may be requested and can be approved if the criteria of Section 9-2-16(i), B.R.C. 1981 are met.

Staff’s analysis of the review criteria is included as Attachment C. The applicant’s plan set and written statement (Attachment B) also include detailed diagrams demonstrating compliance with applicable FBC standards. The staff memorandum to Planning Board also includes staff’s analysis of the applicable review criteria and the applicant’s submittal materials and is available on the Records Archive for Planning Board.

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

Accessibility Statement The City of Boulder is committed to digital accessibility. Some content may not be fully accessible due to technical limitations or issues. For alternate formats or accommodations, please visit Accessibility | City of Boulder or contact accessibility@bouldercolorado.gov.

Attachments Attachment A: Planning Board Disposition Attachment B: Applicant's Proposed Plans and Written Statement Attachment C: Staff’s EBSP Form-Based Code Review Checklist Attachment D: Draft 12/02/25 Planning Board Minutes