Planning Board Decisions

October 22, 2024

K. Norback made a motion seconded by M. McIntyre to approve Site Review application under #LUR2023-00046, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria, and subject to the conditions of approval recommended in the staff memorandum. Planning Board voted 7-0, motion passed as amended below.

• Motion to amend by K. Norback, seconded by C. Hanson Thiem to add the following condition: In collaboration with city staff, the applicant shall design improved crossing markings and signage for the intersection of the 10th St pedestrian way and the east-west running alley north of the site, and the plans shall be revised accordingly. Planning Board voted 7-0. Motion passed.
• Motion to amend by L. Kaplan, seconded by J. Boone to add the following condition: In order to satisfy the additional criteria for height bonus and land use intensity, the applicant shall pay the affordable housing portion of the capital facility impact fee in Section 4-20-62, B.R.C. 1981, as required by 9-2-14(h)(6)(C), B.R.C. 1981. Planning Board voted 7-0. Motion passed.
• Motion to amend by L. Kaplan, seconded by M. McIntyre to add the following condition: In order to meet the access and circulation criteria in the Site Review, the plans shall be revised to show wayfinding signage that shall make it clear to pedestrians that the 10th street corridor is not private property but a public pedestrian corridor as reviewed and approved by the city. Planning Board voted 7-0. Motion passed.
• Motion to amend by L. Kaplan, seconded by ml Robles to add the following condition: In order to meet the site review criteria regarding “open space will meet the needs of the anticipated residents, occupants, tenants, and visitors of the property”, the building include a public-access rooftop deck of at least ¼ of the available 5th floor area. Planning Board voted 4-3. Motion passed.
• Motion to amend the language of the previous motion regarding the added rooftop deck condition made by L. Kaplan, seconded ml Robles: In order to meet site review criteria regarding Open Space, 9-2-14(h)(2)(B), B.R.C. 1981, the applicant shall revise the building plans to include a rooftop deck, that is at least 700 sq ft, of an orientation and design acceptable to the city, and accessible to the public, under terms that are consistent with the 2019 Agreement. Planning Board voted 7-0. Motion passed.

September 24, 2024

• L. Kaplan made a motion seconded by K. Nordback to approve Form-Based Code Review application #LUR2023-00034, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria, and subject to the recommended conditions of approval. Planning Board voted 7-0. Motion passed.
  • K. Nordback made a motion to amend the motion to add the following condition: The plans shall be modified to show the east end of the sidewalk on the south side of Balsam adjusted to align with the Broadway curb cut and crosswalk. The motion did not receive a second. Motion failed.
• K. Nordback made a motion seconded by C. Hanson Thiem to approve Form-Based Code Review application #LUR2023-00042, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria, and subject to the recommended conditions of approval. Planning Board voted 7-0. Motion passed.
• K. Nordback made a motion seconded by L. Kaplan to approve Form-Based Code Review application #LUR2024-00017, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria, and subject to the recommended conditions of approval. Planning Board voted 7-0. Motion passed.
• L. Kaplan made a motion seconded by M. Roberts to approve amendments to the Alpine Basam Area Plan Connections Plan to modify the location of the residential mobility hub at 10th Street and Alpine Avenue to the east side of the new 10th Street roadway and to modify the 11th Street connection between Balsam Avenue and Alpine Avenue to an access drive. Planning Board voted 7-0. Motion passed.
• L. Kaplan made a motion seconded by M. McIntyre, to approve Site and Use Review application #LUR2023-00053, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria, and subject to the recommended conditions of approval for both the site and use review. Planning Board voted 7-0. Motion passed as amended below.
  • K. Nordback made a motion seconded by ml Robles to amend the motion to remove the words, “and Use”. Planning Board voted 6-1 (M. McIntyre dissenting). Motion passed.
  • K. Nordback made a motion seconded by ml Robles to add to the end of the motion “and revising the site review plans to show a commercial space at the southeast corner of the parking garage of equal or greater size than the current space and updating the Parking Study and the TDM Plan accordingly”. Planning Board voted 7-0. Motion passed.
  • J. Boone made a motion seconded by K. Nordback to amend the main motion to add the condition to eliminate the architectural element between the stair towers of the parking garage to minimize the massing and cost associated and expose the viewshed to the extent possible. Planning Board voted 5-2 (M. Roberts and M. McIntyre dissenting). Motion passed.
• K. Nordback made a motion seconded by ml Robles to deny the use review application for LUR2023-00053, finding that it does not meet the criteria in B.R.C. 9-6-2(c)(1)(A)(iii), in that the loss of commercial space on the ground floor and the resulting loss of pedestrian activation would adversely affect the intended function and character of the area as a neighborhood-serving business area where retail-type stores predominate on the ground floor. Planning Board voted 6-1 (M. McIntyre dissenting). Motion passed.
• ml Robles made a motion seconded by K. Nordback to recommend to City Council approval of an ordinance amending Title 9, “Land Use Code,” B.R.C. 1981, to adopt trip reduction standards and a revised regulating plan for the Alpine-Balsam Area and to eliminate SUMP principles for certain buildings with permanently affordable units, and setting forth related details. Planning Board voted 7-0. Main motion passes as amended below.
  • L. Kaplan made a motion seconded by J. Boone to amend the ordinance such that B.R.C. 9-9-22(c)(2) shall read “in the Alpine-Balsam area as a whole, at least 30% of the trips generated by the development shall be by alternative modes or avoided”. Planning Board voted 7-0. Motion to amend passed.

August 06, 2024

• Call Up: 2530 & 2532 6th St. Nonconforming Use Review

This item was not called up by the board.

• Public Hearing: consideration of the following related to the North Boulder Subcommunity Plan: Motion to approve limited amendments to the North Boulder Subcommunity Plan to include a vision for a mixed-use creative campus in the Village Center area and update the land use description for the Ponderosa manufactured housing community as outlined in Attachment A to the staff memorandum.

ml Robles made a motion seconded by C. Hanson Thiem to amend the motion language to include the condition that the Community Facilities Map on page 18 and any associated texts be updated with any faiclities that have been completed to date. The Planning Board voted 5-0. Motion passed.

ml Robles made a motion seconded by K. Nordback to amend the motion language to include the condition that the Creative Campus boundary in the Village Center diagram on page 15 include the mixed use area on the east side of Broadway.
Planning Board voted 4-1 (C. Hanson Thiem dissenting). Motion passed.

July 23, 2024

• Matters: Training and Pre-Update Overview of the Boulder Valley Comprehensive Plan

No action was required on behalf of the Planning Board. The Board provided feedback to staff.

July 16, 2024

• Call Up: 805 Yale Rd. Subdivision Final Plat

This item was not called up.

• Call Up: Boulder Jewish Commons Subdivision

This item was not called up.

• Call Up: Shining Mountain Subdivision Final Plat

This item was not called up.

• Call Up: 1345 28th St. Final Plat

This item was not called up.

• Public Hearing: Concept Plan Review and Comment Request on a partial redevelopment of the 1.877‑acre developed property at 2717 Glenwood Drive. The existing 37‑unit, two‑story walkup L‑shaped apartment building would remain, and a proposed 3‑story 22‑unit multi‑family building would be constructed over a portion of the existing parking lot (2 stories of residential over parking). Proposed unit types include Efficiency Living Units (ELUs), 1‑bedroom and 2‑bedroom units. Reviewed under case no. LUR2024-00012.

No action was required on behalf of the Planning Board. The Board provided feedback to staff and applicants.

• Matters: Area III – Planning Reserve Urban Services Study Update: Draft Scenario Evaluations

No action was required on behalf of the Planning Board. The Board provided feedback to staff.

June 18, 2024

• Matters: Form Based Code to Implement the East Boulder Subcommunity Plan

No action was required on behalf of the Planning Board. The Board provided feedback to staff.

May 21, 2024

• Public Hearing: Concept Plan Review and Comment for a redevelopment proposal of 2555 30th Street. The proposal includes demolition of the existing car dealership and redevelopment of the site with residential uses. The new development proposes approx. 150 units including studio, one-, two-, and three-bedroom units totaling ranging from studio units to three-bedroom units for a total of 118,927 square feet. Parking will be located on-site and below grade. Reviewed under case no. LUR2024-00018.

No action was required on behalf of the Planning Board. The Board provided feedback to staff and applicants.

May 7, 2024

• Call Up: 4775 Spine Rd. Final Plat

This item was not called up by the board.

• Public Hearing: Public hearing and consideration of a Site Review and a Use Review at 3300 Penrose Place for a 100% permanently affordable housing redevelopment with 113 residential units, an on-site leasing office, and a daycare center (Headstart classroom) with play area. The proposal includes pursuit of landmarking and repurposing of the original portion of the Geological Society of America (GSA) building and developing four additional residential buildings on the site. The proposed daycare requires a Use Review. Reviewed under case no. LUR2023-00044.

K. Nordback made a motion to amend the motion language to include the following condition: The plans shall be revised to show the "walking trail" around the southwest perimeter of Building C and connecting to the Iris multi-use path to be straighter and more efficient for residents walking to Iris and to the southwest. The motion did not receive a second.

M. McIntyre made a motion seconded by J. Boone to approve Site and Use Review applications under #LUR2023-00044, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria, and subject to the conditions of approval recommended in the staff memorandum. Planning Board voted 6-0 (L. Kaplan absent). Motion passed unanimously.

• Public Hearing: AGENDA TITLE: Public hearing and recommendation to City Council regarding proposed Ordinance 8622, amending Title 9, “Land Use Code,” B.R.C. 1981, to simplify certain development review processes, and setting forth related details.

ml Robles made a motion seconded by K. Nordback that Planning Board recommends that City Council adopt Ordinance 8622, amending Title 9, “Land Use Code,” B.R.C. 1981, to simplify certain development review processes, and setting forth related details.

J. Boone made a motion seconded by M. McIntyre to amend the main motion to strike from the ordinance the requirement to require 2 Planning Board members to call up an item and continue to allow for call-up by one Planning Board member. Motion to amend passes 5-1 (M. Roberts opposed, L. Kaplan absent).

Main motion, as amended by J. Boone’s motion to amend, passed 6-0 (L. Kaplan absent).

• Matters: Appointing Board Liaisons

ml Robles was appointed as the primary liaison to the Housing Advisory Board and L. Kaplan was appointed as the backup liaison.

J. Boone was appointed as the primary liaison to the Design Advisory Board and M. McIntyre was appointed as the backup liaison.

Mark McIntyre was appointed as the primary liaison to the Greenways Advisory Committee and ml Robles was appointed as the backup liaison.

K. Nordback was appointed as the primary liaison to the Landmarks Board and M. McIntyre was appointed as the backup liaison.

April 16, 2024

• Call Up: 1155 13th St. Use Review

This item was not called up.

• Call Up: 1023 Walnut Minor Site Review Amendment

This item was not called up.

• Call Up: 1833 Folsom St. Floodplain Development Permit

This item was not called up.

• Public Hearing: AGENDA TITLE: Concept Plan Review and Comment for the development of a vacant parcel at the northwest corner of Spine Rd. and Gunbarrel Ave., addressed as 4600 HWY 119 in City mapping. The proposal includes the development of 79 two- and three-bedroom townhouses within 10 buildings around a central courtyard. Reviewed under case no. LUR2024-00013.

No action was required on behalf of the Planning Board. The Board provided feedback to staff and applicants.

• Public Hearing: AGENDA TITLE: Concept Plan Review and Comment Request on a proposed Boulder Housing Partners redevelopment on 3.74 acres located at 6400-6570 Gunpark Drive and 6560 Spine Road with 23 townhomes in two buildings, 124 apartments in five buildings, and one community building. The site is largely undeveloped; two existing office buildings on the property would be demolished. Reviewed under case no. LUR2023-00060.

No action was required on behalf of the Planning Board. The Board provided feedback to staff and applicants.

April 2, 2024

• Call to Order: Swearing in of New Planning Board Members

Mark McIntyre, Mason Roberts, and Claudia Hanson Thiem were sworn in to the Planning Board.

• Call to Order: Nominations and Elections of New Planning Board Chair/Vice Chair

ml Robles made a nomination seconded by K. Nordback to elect J. Boone to the position of Chair. The Planning Board voted 7-0 in favor of the nomination. ml Robles accepted the nomination.

K. Norback made a nomination seconded by J. Boone to elect M. McIntyre to the position of Vice Chair. The Planning Board voted 7-0 in favor of the nomination. M. McIntyre accepted the nomination.

• Public Hearing: AGENDA TITLE: Public hearing and consideration of a Site Review request for redevelopment of 2206 Pearl Street as a mixed-use development with approximately 2,021 sq. ft. of first floor commercial space and 45 efficiency living units along with associated amenity spaces, including a second level community deck, common lounge area, secure bike storage, and an at-grade parking garage containing 18 parking spaces where 45 are required (60% parking reduction requested). Reviewed under case number LUR2023-00020.

M. McIntyre made a motion seconded by K. Nordback to approve Site Review application #LUR2023-00020, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria, and subject to the recommended conditions of approval. Subject to conditions as approved by the Planning Board. Planning Board voted 6-1. Motion passed.

M. McIntyre made a motion seconded by K. Nordback to condition the application #LUR2023-00020. Applicant shall increase the number of shared vehicles from one to two, working with the city to create an on street location if possible. At the end of the first year after receiving their certificate of occupancy, based on demand and use, applicant and city staff will agree on an adjusted number of car shares. The adjusted number will not be less than one. Car share subsidy shall continue for a minimum of 5 years. The Planning Board voted 3-4. Motion failed.

L. Kaplan made a motion seconded by ml Robles to condition the application #LUR2023-00020. So that ground level open space better meets the needs of users, and better accomplishes the intended outcomes of the TDM plan, the site plan will be modified to include an outdoor covered seating area associated with the ride share pick-up spot. The Planning Board voted 7-0. Motion passed.

ml Robles made a motion seconded by J. Boone to condition the application #LUR2023-00020 to adequately accommodate the commercial use with 1 dedicated parking space per commercial tenant. The Planning Board voted 2-5. Motion failed.

• Public Hearing: AGENDA TITLE: Public hearing and consideration of a Use Review to allow residential uses on the ground floor facing a street in an Industrial-Service 1 zone district located at 4725 Broadway. The proposal includes the redevelopment of the existing site with two new residential buildings containing 21 three-story townhouse units with private garages. Reviewed under case no. LUR2022-00032.

K. Nordback made a motion seconded by L. Kaplan to approve Use Review Application #LUR2022-00032, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria and subject to the conditions of approval recommended in the staff memorandum. The Planning Board voted 6-1. Motion passed.

• Matters: Streetlight DCS/BRC Updates

No action necessary from the Planning Board.

March 19, 2024

• Public Hearing: AGENDA TITLE: Public hearing and consideration of a Site Review to redevelop 1501 and 1509 Arapahoe Ave. with eight attached residential dwelling units with underground parking and two at-grade parking spaces behind the building. The development is proposed to be three stories in height that will not exceed the by-right height limit of 38 feet. The preliminary plat was reviewed and approved under a different case. Reviewed under case no. LUR2023-00002.

M. McIntyre made a motion seconded by L. Kaplan to approve Site Review application #LUR2023-00002, with the following conditions:

1. Applicant shall unbundle the parking from the living units.

2. Applicant shall initiate a car share program of a minimum of 1 shared vehicle. Car share program may be of the applicant’s design, or in partnership with a car share provider, and may be on or off-street, and may be in conjunction with the Goss Grove NPP zone.

These conditions will be incorporated into the approval, with all other parts of the application as findings of fact, including the attached analysis of review criteria, and subject to the conditions of approval recommended in the staff memorandum.

L. Kaplan made a motion seconded by J. Boone to strike “2. Applicant shall initiate a car share program of a minimum of 1 shared vehicle. Car share program may be of the applicant’s design, or in partnership with a car share provider, and may be on or off-street, and may be in conjunction with the Goss Grove NPP zone,” from the motion language, and L. Kaplan moved to make the language singular through a friendly amendment. Planning Board voted 4-0. Motion passed.

J. Boone re-read the amended motion language. Planning Board voted 4-0. Motion passed.

• Matters: Preparation of Planning Board’s Letter to Council

Planning Board voted 4-0 to instruct staff to deliver the finalized version of their letter, included in the meeting packet, to City Council.

March 5, 2024

• Call Up: 1345 28th Street Floodplain Development Permit
  
  This item was not called up.
• Public Hearing: AGENDA TITLE: Public hearing and consideration of a recommendation on a request for annexation of an approximately 27-acre property located at 5600 Table Mesa Dr. with an initial zoning designation of Public (P) and associated wetland mapping (LUR2024-00001).

ml Robles made a motion seconded by M. McIntyre to recommend to City Council approval of the proposed annexation of the area of land located at 5600 Table Mesa Dr. with an initial zoning designation of Public (P) and the proposed wetland mapping and functional evaluation, all pertaining to case number LUR2024-00001, incorporating this staff memorandum as findings of fact. Planning Board voted 6-0. Motion passed.

• Public Hearing: AGENDA TITLE: Public hearing and consideration of a recommendation on proposed Ordinance 8624 to adopt wetlands mapping and functional evaluations for a property generally located on a 308.15-acres parcel and generally known as CU South at 4886 and 5278 Table Mesa Drive, 718 Marshall Road, 0 Highway 36 (2 parcels) and 4745 W. Moorehead.

M. McIntyre made a motion seconded by K. Nordback that Planning Board recommends that City Council adopt Ordinance 8624 adopting wetlands mapping and functional evaluations for a property generally located on a 308.15-acres parcel and generally known as CU South at 4886 and 5278 Table Mesa Drive, 718 Marshall Road, 0 Highway 36 (2 parcels) and 4745 W. Moorehead; and setting forth related details. Planning Board voted 6-0. Motion passed.

February 27, 2024

• Call Up: Pearl East Business Park Site Review Amendment
  
  This item was not called up.
• Public Hearing: AGENDA TITLE: Public hearing and consideration of a recommendation to the city council regarding a proposed Ordinance amending Title 10, Structures,” B.R.C. 1981, repealing the “2020 City of Boulder Energy Conservation Code,” and adopting by reference the ”2024 City of Boulder Energy Conservation Code;” and setting forth related details.

L. Kaplan made a motion seconded by ml Robles to recommend to City Council the adoption of the 2024 City of Boulder Energy Conservation Code by way of the ordinance drafted in Attachment B of the staff memo. Planning Board voted 5-0. Motion passed.

M. McIntyre made a motion seconded by ml Robles that Planning Board recommend to council, in regard to the 2024 CoBECC, that council direct staff to incorporate a change of the definition of electric vehicles to include e-bikes and other micro mobility options. M. McIntyre withdrew this motion.

K. Nordback made a motion seconded by M. McIntyre that Planning Board recommend that Council request staff to study possible modifications of the CoBECC to improve equity and housing affordability by significantly graduating the stringency of energy standards based on residential dwelling size. Planning Board voted 3-2. Motion failed.

February 6, 2024

• Call Up: 1509 Arapahoe Ave. Site Review
  
  This item was called up by M. McIntyre.
• Call Up: 4725 Broadway Use Review
  
  This item was not called up by the board.
• Public Hearing: AGENDA TITLE: Public hearing and consideration of a Site Review Amendment and Height Modification request to allow for up to seven feet six inches of additional height for each townhome building within the approved Shining Mountain Waldorf School PUD, allowing for a pitched roof design on the third level. Reviewed under case number LUR2023-00050.
  
  M. McIntyre made a motion seconded by L. Kaplan to approve Site Review application #LUR2023-00050, including a Height Modification request to allow for up to seven feet six inches of additional height with a pitched roof or alternatively, up to four feet of additional height with or without a pitched roof for each townhome building within the approved Shining Mountain Waldorf School development, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria, and subject to the recommended conditions of approval. The Planning Board voted 4-2. Motion passed.
• Public Hearing: AGENDA TITLE: Public hearing and recommendation to City Council regarding proposed Ordinance 8620, amending Title 9, “Land Use Code,” B.R.C. 1981, to clarify existing code sections, update graphics, and improve the clarity of the code, and setting forth related details.
  
  ml Robles made a motion seconded by K. Nordback to recommend that City Council adopt ordinance 8620, amending Title 9, “Land Use Code,” to clarify existing code sections, update graphics, and improve the clarity of the code, and setting forth related details. The planning board voted 6-0. Motion passed.
  
  ml Robles made a motion seconded by M. McIntyre to amend the motion to include an addition to 9-16-1, general definitions, to include a definition of “roof overhang”. The planning board voted 6-0. Motion passed.
• Public Hearing: AGENDA TITLE: Public hearing and consideration of a standard wetland permit application for the proposed renovation of the Chapman Drive Trailhead and construction of a pedestrian bridge over Boulder Creek generally located at 38474 Boulder Canyon Drive in Boulder County (WET2023-00020).
  
  S. Silver made a motion seconded by ml Robles to approve WET2023-00020, a Standard Stream, Wetland and Water Body Protection permit to allow construction of a new bridge and trailhead improvements for the Chapman Drive Trail Head, incorporating this staff memorandum and attached criteria analysis as findings of fact and subject to the recommended conditions of approval. The Planning Board voted 4-2. Motion passed.

January 23, 2024

Matters: Proccess Streamling Code Changes Introduction

No action was required on behalf of the Planning Board.

January 16, 2024

Call Up: 1937 Upland Ave Final Plat

Call Up: 2105 Mapleton Ave Nonconforming Use Review (LUR2023-00047)

Call Up: Stream, Wetland, and Water Body Map Revision (WET2023-00019)

Call Up: Standard Wetland Permit (WET2023-00014)

These items were not called up by the board.

Call Up: Standard Wetland Permit (WET2023-00020)

This item was called up by K. Nordback.

Call up: Standard Wetland Permit (WET2023-00021)

This item was not called up by the board.

Public Hearing: AGENDA TITLE: Concept Plan Review and Comment Request for a proposal to redevelop the 448,668 square foot site at 2952 Baseline Rd. with a mixed-use development consisting of residential, commercial, hotel, and restaurant uses. The existing buildings on site would be demolished and replaced with six new four and five story buildings containing retail, restaurant and hotel uses as well as approximately 610 new dwelling units, and a mix of structured and underground parking. The unit type mix would include market rate units and student housing units. Reviewed under case no. LUR2023-00038.

No action was required on behalf of the Planning Board. The Board provided feedback to staff and applicants.

December 19, 2023

Public Hearing: AGENDA TITLE: Concept Plan Review and Comment for a redevelopment proposal of 1855 South Flatiron Court. The proposal includes demolition of the existing commercial/industrial buildings and redevelopment of the site with Research and Development uses. The new development is proposed to include two approx. 100,000 square-foot buildings and a parking garage. Reviewed under case no. LUR2023-00045.

No action was required on behalf of the Planning Board. The Board provided feedback to staff and applicants.

Public Hearing: AGENDA TITLE: Public hearing and recommendation to City Council regarding proposed Ordinance 8600, amending Title 9, “Land Use Code,” B.R.C. 1981, by repealing Chapter 9-14, “Residential Growth Management System,” and deleting all references thereto; and setting forth related details.

On a motion by M. McIntyre, seconded by K. Nordback the Planning Board voted 5-0 (L. Smith and J. Boone absent) to recommend that City Council adopt Ordinance 8600, amending Title 9, “Land Use Code,” B.R.C. 1981, by repealing Chapter 9-14, “Residential Growth Management System,” and deleting all references thereto: and setting forth related details.

December 5, 2023

On a motion ml Robles seconded by L. Kaplan, the Planning board voted 5-0 (L. Smith and S. Silver absent) to recommend to City Council approval of the proposed annexation of the property located at 5691 South Boulder Road with an initial zoning designation of Residential – Low 2 (RL-2) and with the proposed wetland mapping, all pertaining to case number LUR2020-00057, incorporating this staff memorandum as findings of fact, and subject to the terms and conditions of the proposed annexation agreement in Attachment D.

On a motion by L. Kaplan seconded by K. Nordback, the Planning Board voted 5-0 (L. Smith and S. Silver absent) to approve Site Review case no. LUR2020-00058 incorporating the staff memorandum and the attached Site Review Criteria Checklist as findings of fact, and subject to the conditions of approval recommended in the staff memorandum.

On a motion by K. Norback seconded by M. McIntyre, the Planning Board voted 5-0 (L. Smith and S. Silver absent) to amend the original motion to approve Site Review case no. LUR2020-00058 incorporating the staff memorandum and the attached Site Review Criteria Checklist as findings of fact, and subject to the conditions of approval recommended in the staff memorandum including the following condition of approval that the final site plans be revised to show the curbface-to-curbface width of Peacock Place reduced to 20 feet, or to the extent deemed appropriate by city staff to minimize the amount of pavement, consistent with city code and the design and construction standards.

November 21, 2023

On a motion by L. Kaplan and seconded by ml Robles, the Planning Board voted 4-0 (S. Silver, L Smith, J. Boone absent) to approve Use Review no. LUR2023-00025 incorporating the staff memorandum, including its attachments, as findings of fact and subject to the recommended conditions of approval.

On a motion by K. Nordback and seconded by L. Kaplan, the Planning Board voted 4-0 (S. Silver, L. Smith, J. Boone absent) to approve the proposed changes to the BVCP Land Use Map for the Phase 2 Area of Boulder Junction.

November 7, 2023

Public Hearing: AGENDA TITLE: Public hearing and Planning Board action on a request to extend the approval of Site & Use Review application no. LUR2020-00063 to develop the 9.87-acre site located at 4775, 4725, and 4649 Spine Road with 230 attached residential units, a cafe, library, art space and community areas, as well as a mobility hub and green space.

On a motion by M. McIntyre and seconded by L. Kaplan, the Planning Board voted 5-0 (S. Silver & K. Nordback absent) to approve Use Review no. LUR2023-00033 incorporating the staff memorandum, including its attachments, as findings of fact and subject to the recommended conditions of approval.

October 17, 2023

On a motion by M. McIntyre and seconded by L. Kaplan, the Planning Board voted 5-0 (S. Silver & K. Nordback absent) to approve Use Review no. LUR2023-00033 incorporating the staff memorandum, including its attachments, as findings of fact and subject to the recommended conditions of approval.

September 26, 2023

On a motion by S. Silver and seconded by L. Kaplan, the Planning Board voted 6-0 (ml Robles absent) to recommend that City Council adopt Ordinance 8601, amending Chapter 9-13, “Inclusionary Housing,” Section 9-2-14, “Site Review,” and Section 9-16-1, “General Definitions,” B.R.C. 1981, modifying affordable housing requirements and incentives and setting forth related details.

On a motion by S. Silver and seconded by M. McIntyre, the Planning Board voted 5-1 (ml Robles absent, K. Nordback nay) to recommend to City Council that it direct the City Manager to explore diversion of more CIL funds for the purpose of additional middle-income ownership through scatter-site acquisition in the city.

On a motion by J. Boone and seconded by S. Silver, the Planning Board voted 6-0 (ml Robles absent) to recommend that City council direct the City Manager to explore the addition of an escalation metric on the Commercial Linkage Fee modeled upon the escalation metric used within the Inclusionary Housing Ordinance to keep pace with costs of development and construction.

September 19, 2023

Public Hearing: AGENDA TITLE: Concept Plan Review and Comment Request for a proposal to develop 3125 34th Street with 44 permanently affordable townhouse units, with a mixture of two-story, two-bedroom units and one-story, one-bedroom units. The proposal shows a series of fourplex layouts, with two one-story units flanking two two-story units. Reviewed under case no. LUR2023-00031.

On a motion by L. Smith and seconded by ml Robles, the Planning Board voted 4-1 (L. Smith, S. Silver absent, J. Boone nay) to find that the minor defect in notice has not impaired the surrounding neighborhoods’ ability to participate in the public process.

Since this was a concept review, no action was required by the board. The board provided feedback to staff.

September 5, 2023

Public Hearing: AGENDA TILE: Public hearing and consideration of a recommendation to the City Manager and City Council on the Recommended 2024-2029 Capital Improvement Program (CIP)

On a motion by S. Silver and seconded by ml Robles, the Planning Board voted 6-0 (J. Boone absent) to recommend to the City Manager and City Council the Recommended 2024-2029 Capital Improvement Program (CIP), including the list of CIP projects to undergo a Community and Environmental Assessment Process (CEAP), as identified in the staff memorandum.

On a motion by L. Kaplan and seconded by M. McIntyre, the Planning Board voted 4-2 (J. Boone absent) for all CIP items associated with BDU that can be delayed without compromising airport safety, Planning Board recommends that staff delay implementation, including pursuing or accepting FAA grants, until City Council has provided direction on the future of the airport site through the Airport Community Conversation project. In the interim, for items where staff determines that a delay may compromise airport safety, a determination of how and when to fund and implement the item should be made by City Council from a set of funding options and priorities developed by staff.

On a motion by M. McIntyre and seconded by K. Nordback, the Planning Board voted to recommend that the City Manager and City Council evaluate moving the primary responsibility of parking policy and parking management back to the department of transportation.

August 29, 2023

Public Hearing: AGENDA TITLE: Public hearing and consideration of a Site Review for a 112,600 squarefoot, two-story life sciences facility at 3675 and 3825 Walnut Street within the Industrial General (IG) zoning district. The proposal includes modifications to building and fence height and a 25% vehicle parking reduction, and a and a request to amend the TVAP (Transit Village Area Plan) Transportation Connections Plan. The applicant has requested Vested Rights. Reviewed under case no. LUR2022-00041.

On a motion by K. Nordback and seconded by J. Boone, the Planning Board voted 4-1 (ml Robles nay, S. Silver & L. Smith absent) to approve Site Review application #LUR2022-00041 and the proposed amendment to the TVAP Transportation Connections Plan, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria, and subject to the conditions of approval recommended in the staff memorandum.

August 22, 2023

Public Hearing: AGENDA TITLE: Public hearing and recommendation to City Council regarding proposed Ordinance 8600, amending Title 9, “Land Use Code,” B.R.C. 1981, by repealing Chapter 9- 14, “Residential Growth Management System,” and deleting all references thereto; and setting forth related details.

On a motion by S. Silver and seconded by L. Kaplan, the Planning Board voted 6-0 (J. Boone absent) to remove item 5A from the agenda of August 22, 2023 and move this item to the August 29th Special Meeting.

Public Hearing: AGENDA TITLE: Public hearing and consideration of the following related to the Boulder Junction Phase 2 project:

1. Amendments to the Transit Village Area Plan; and

2. Amendments to Chapter 5 of the Boulder Valley Comprehensive Plan to revise the summary of the Transit Village Area Plan.

On a Motion by M. McIntyre and seconded by L. Kapan, the Planning Board voted 7-0 to adopt the proposed amendments to the Transit Village Area Plan including revisions to the Place Types found in Attachment E to the staff memo.

Public Hearing: AGENDA TITLE: Public hearing and recommendation to City Council regarding proposed Ordinance 8599, to amend Title 9, “Land Use Code,” B.R.C. 1981, related to the site review process and intensity, form and bulk, use, parking, and subdivision standards, concerning affordable and modest-sized housing; and setting forth related details.

On a motion by S. Silver and seconded by M. McIntyre, the Planning Board voted 3-3 (S. Silver, L. Smith & ml Robles nay) to extend the meeting past 1030.

On a motion by K. Nordback and seconded by L. Kaplan, the board voted 4-1 (S. Silver nay, J. Boone & L. Smith absent) to move agenda item 5C to the August 29, 2023 Special Meeting.

August 15, 2023

Public Hearing: Public hearing and recommendation to City Council regarding proposed Ordinance 8590, amending Title 9, “Land Use Code,” B.R.C. 1981, to update the use table and use standards related to walkable neighborhood centers, and setting forth related details. 60 minutes – 30 min staff presentation, 30 min deliberation

On a motion by S. Silver and seconded by L. Kaplan, the Planning Board voted 7-0 to recommend that City Council adopt Ordinance 8590, amending Title 9, “Land Use Code,” to update the use table and use standards related to walkable neighborhood centers; and to retain 9-6-5e7B and to recommend to council to direct staff to undertake a robust public process that specifically and solely focuses on restaurant, brewpub and tavern use standards and code enforcement in UHGID to develop a way to move forward that finds the right balance for all involved; and prohibiting detached dwelling units that are not part of a mixed use building in the MU, BT, and BC zones

Public Hearing: Public hearing and consideration of a Site Review for a 112,600 square foot, two-story life sciences facility at 3675 and 3825 Walnut Street within the Industrial General (IG) zoning district. The proposal includes modifications to building and fence height and a 25% vehicle parking reduction, and a and a request to amend the TVAP (Transit Village Area Plan) Transportation Connections Plan. The applicant has requested Vested Rights. Reviewed under case no. LUR2022-00041

On a motion by S. Silver and seconded by L. Kaplan, the Planning Board voted 7-0 to create a Special Planning Board Meeting on August 29th.

On a motion by S. Silver and seconded by L. Kaplan, the Planning Board voted 6-0 (M. McIntyre absent) to move agenda item 5B (LUR2022-00041) to the August 29th Special Planning Board Meeting

August 8, 2023

CONTINUATION: Continuation of Planning Board’s consideration of a Site and Use Review to redevelop the property at 1345 28th St. with three 4-story buildings containing 303 student housing residential apartments in a mix of studio, one-, two-, three-, and four-bedroom configurations within the Business - Transitional 1 (BT-1) zoning district. The proposal involves a modification to allow four-story buildings, approximately 53-feet in height where a maximum of three-stories and 35-feet in height is permitted by-right, a 52.2% vehicle parking reduction to allow for 348 parking spaces where 728 are required, a Use Review for a residential use on the ground floor, and an amendment to the Boulder Valley Regional Center (BVRC) Transportation Connections Plan. Reviewed under case no. LUR2022-00021. PUBLIC COMMENT WILL NOT BE ALLOWED – BOARD DELIBERATION ONLY

On a motion by M. McIntyre and seconded by K. Nordback, the Planning Board voted 4-2 (L. Smith absent, S. Silver & J. Boone no) to approve Site and Use Review application #LUR2022-00021 as amended at the August 8, 2023 Planning Board Meeting, and the proposed amendment to the BVRC Transportation Connections Plan, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria, including the amendments proposed by staff to incorporate the supplemental materials into the conditions of approval.

August 1, 2023

Public Hearing: AGENDA TITLE: Public hearing and consideration of a recommendation on a request for annexation of an approximately 11,766 square-foot (0.27-acre) property, located at 3033 3rd Street with an initial zoning designation of Residential – Low 1 (RL-1) (case no. LUR2021-00049).

On a motion by S. Silver and seconded by L. Kaplan, the Planning Board voted 4-0 (M. McIntyre, ml Robles, J. Boone absent) to recommend to City Council approval of the proposed annexation of the property located at 3033 3rd Street with an initial zoning designation of Residential – Low 1 (RL-1) pertaining to case number LUR2021-00049, incorporating this staff memorandum as findings of fact, subject to the recommended conditions of approval for the annexation as provided for in the proposed annexation agreement in Attachment C.

July 25, 2023

Call Up: 2470 49th St. Site Review Minor Amendment (LUR2022-00048)

Call Up: OSMP Harf House Well Replacement (WET2023-00006)

Call Up: Use Review at 3000 Pearl Pkwy (LUR2022-00043)

These items were not called up.

Matters: Update to Planning Board on the Boulder Junction Phase 2 project and proposed amendments to the Transit Village Area Plan.

No action is required on behalf of the Planning Board. The Board provided feedback to staff.

Public Hearing: Public hearing and recommendation to City Council regarding proposed Ordinance 8585, amending Chapter 9-8, “Intensity Standards,” B.R.C. 1981, increasing the number of persons that may occupy a dwelling unit, and setting forth related details.

On a motion by M. McIntyre and seconded by K. Nordback, the Planning Board voted 4-3 (S. Silver, L. Smith, J. Boone nay) to recommend that City Council adopt Ordinance 8585, amending Chapter 9-8, “Intensity Standards,” B.R.C. 1981, increasing the number of persons that may occupy a dwelling unit, and setting forth related details. Additionally, Planning Board recommends:

1. Against adopting either Option A or B regarding non-conforming use

2. Additional enforcement against behavior, by any city resident, that violates our code with specific attention to code violations for noise, trash, and parking.

3. That City Council explore revising City rental license requirements to require affordability in in exchange for additional occupancy (beyond existing allowances as of July 2023) for rental properties.

July 18, 2023

Call Up: The Registry Boutique Hotel Use Review (LUR2020-00005): Use Review for a proposed thirty-seven (37) room boutique hotel located at 1111 Spruce St in the Downtown-2 (DT-2) zoning district.

Call Up: Use Review for restaurant uses with rooftop and ground-level outdoor dining at 1346 Pearl Street in the building formerly occupied by Lazy Dog Sports Bar & Grill for new restaurants SkinnyFATS and Cheba Hut.

These items were not called up.

Public Hearing: Public Hearing for 1576 Hawthorn Site Review Amendment (LUR2022- 00058).

On a motion by M. McIntyre and seconded by ml Robles, the Boulder Planning Board voted 6-0 (L. Smith absent) to approve Site Review application #LUR2022-00024, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria.

Public Hearing: Public Hearing for 4910 and 4920 Nautilus Court North (Avery Brewing) Review for a 7,062-sf patio expansion with associated landscape improvements.

On a motion by S. Silver and seconded by L. Kaplan, the Boulder Planning Board voted 6-0 (L. Smith absent) to approve Use Review application #LUR2022-00028, subject to the recommended conditions of approval provided in the staff memorandum, and adopting the staff memorandum as findings of fact, including the attached analysis of review criteria.

July 11, 2023

Continuation: Continuation of Planning Board’s consideration of a Site and Use Review to redevelop the property at 1345 28th St. with three 4-story buildings containing 303 student housing residential apartments in a mix of studio, one-, two-, three-, and four-bedroom configurations within the Business - Transitional 1 (BT-1) zoning district. The proposal involves a modification to allow four-story buildings, approximately 53-feet in height where a maximum of three-stories and 35-feet in height is permitted by-right, a 52.2% vehicle parking reduction to allow for 348 parking spaces where 728 are required, a Use Review for a residential use on the ground floor, and an amendment to the Boulder Valley Regional Center (BVRC) Transportation Connections Plan. Reviewed under case no. LUR2022-00021

On a motion by S. Silver and seconded by K. Nordback, the Planning Board voted 7-0 to continue LUR2022-00021 for further board discussion on August 8, 2023.

June 20, 2023

Call Up: 1100 Balsam Site Review Amendment (LUR2023-00015).

Call Up: Floodplain Development Permit (FLD2023-00004).

Call Up: Boulder Sewer Main Replacement (WET2023-00002).

Call Up: Remapping of Wetlands at Wonderland Creek and 19th Street (WET2023-00003)

These items were not called up.

Public Hearing: Potential increase in the length of time an approval of land use is valid.

On a motion by L. Kaplan and seconded by M. McIntyre, the Planning Board voted 7-0 to recommended that City Council adopt Ordinance 8581, amending Title 9 “Land Use Code,” B.R.C. 1981, by increasing the length of time an approval of land use is valid after discontinuance to three years and authorizing the City Manager to reestablish use review or conditional use approvals that may have expired during the COVID-19 pandemic; and setting forth related details. Planning Board recommends city staff amend Section 4 of Ordinance 8581 to specify an end date to the city manager authority to authorize, approve, extend, or otherwise allow to restart or continue any use review or conditional use approval due to the COVID-19 pandemic, and make language throughout this ordinance consistent with this change.

Public Hearing: 1345 28th Street Site & Use Review (LUR2022-00021)

On a motion by S. Silver and seconded by M. McIntyre, the Planning Board voted 7-0 to continue LUR2022-00021 for further board discussion on July 11th, 2023.

June 6, 2023

Call Up: A. 4910 Nautilus (LUR2022-00028) Use Review for 7,062 sf expansion of exterior restaurant use (Avery Brewing).

This item was called up and therefore will come back to the Planning Board at a Public Hearing within 60 days.

Call Up: Consideration for LUR2023-00014 Use Review for restaurant at 919 Pearl St.

This item was not called up

Public Hearing: Introduction to the 2024 City of Boulder Energy Conservation Code (CoBECC) Development Project

No action is required on behalf of the Planning Board. The Board provided feedback to staff.

May 16, 2023

Call Up: A. Final Plat to replat a 6.78-acre property into three lots and two outlots. The lots are sized as follows: Lot 1 – 53,592 square feet (1.23 acres); Lot 2 - 107,891 square feet (2.48 acres); and Lot 3 – 57,626 square feet (1.32 acres). Outlot A is 12,993 square feet (0.3 acres) and will be used as a common open space for the development. Outlot B is 5,441 square feet (0.12 acres) and will be used for stormwater detention/water quality and drainage purposes. The replat includes the dedication of Hibiscus Avenue and Hawthorn rights of way and new easements. This replat is consistent with the conditions of approval associated with Site Review case LUR2021 00037 for the Diagonal Plaza development.

This item was not called up.

Call Up: B. Site Review Amendment to amend The Orchard PUD to expand the property at 1576 Hawthorn Ave to include adjacent common area.

This item was called up by M. McIntyre. This item will come to the Planning Board as a Public Hearing item within the next 60 days.

Public Hearing: A. Review and Comment on the proposed site development plan for New Vista High School proposing to replace the existing school building at 700 20th St. with a new approximately 74,000 square-foot two-story high school, new sports field, an enlarged parking lot, and updated access. Reviewed under case no. LUR2023-00017.

On a motion by K. Nordback and seconded by M. McIntyre, the Planning Board directs staff to draft a letter to the BVSD Board of Directors, incorporating the city’s comments and requesting any proposed changes

On a motion to amend by M. McIntyre, and seconded by K. Nordback, the Planning Board voted 6-0 to strike from the motion “’requesting any proposed changes’ and adding in its place ‘while summarizing and noting the board’s input on the future school design’”.

Public Hearing: B. Public hearing and consideration a request to rezone a 1.01-acre parcel located at 5405 Spine Road and adjacent rights-of-way currently zoned Industrial-General (IG) to Business – Community 2 (BC-2) for consistency with the Boulder Valley Comprehensive Plan and the Gunbarrel Community Center Plan. Reviewed under application LUR2022-00057.

On a motion by and seconded by L. Kaplan and seconded by ml Robles, the Planning Board voted 6-0 to recommend for City Council approval of the application to rezone 1.01 acres of land located at 5405 Spine Rd. from the Industrial General (IG) zone district to Business – Community 2 (BC-2)

May 2, 2023

MATTERS: A. Discussion & Approval of Planning Board’s Draft Letter to Council Re: Airport Community Conversation

MATTERS: B. Motion Drafting Session

April 25, 2023

A. CALL-UP: Final Plat to combine two parcels of land into one lot at 2727 29th Street (case no. TEC2023-00002). The subdivision is consistent with approved Site Review #LUR2020-00038.

B. CALL-UP: Kensington Apartments Nonconforming Use Review (LUR2022-00039): Nonconforming Use Review for updates to Kensington Apartments at 2950 Bixby Ln., including increasing accessibility within the building and on the site; new short-term and long-term bicycle parking; updating parking lot and garage striping; updating and increasing landscaping; and modifying unit layouts and bedroom counts to add 102 bedrooms to the property and reduce the unit count from 163 to 162 units'

These items were not called up.

5.AGENDA TITLE: Concept Plan Review and Comment Request for a proposal to redevelop the site at 2700, 2710, 2720 and 2750 Baseline Road and 2765 & 2800 Moorhead Ave. as a mixed-use student housing development that includes 84 units within a 4-story, 55' tall building on the western portion of the site. Reviewed under case no. LUR2022-00058.

Since this is a Concept Review, no action is required on behalf of the Planning Board. The Board provided feedback to staff.

April 18, 2023

A. MATTERS: Nomination and appointment of board member to the Boulder Junction Phase 2 Multi-Board Working Group

B. MATTERS: Nominations and appointments of board members to act as liaisons to other Boards & Commissions.

C. MATTERS: Update and Request for Feedback on the 2022-2023 City Council initiated Planning & Development Services (P&DS) work program priorities of Occupancy Reform and Zoning for Affordable Housing.

Since this is an update item, no action is required on behalf of the Planning Board. The Board provided feedback to staff.

D. MATTERS: Consideration of a motion to clarify the findings of fact for the final plat approval of the 2150 Folsom Subdivision (TEC2020-00009), in particular, whether the Title Report satisfies requirements for a final subdivision plat criteria under Section 9-2-18(c)(2), B.R.C.1981

On a motion by M. McIntyre and seconded by L. Kaplan, the Planning Board voted 6-0 (J. Boone absent) to find that the final plat approval was based on the Title Report submitted by the applicant, that a title report provided for purposes of meeting the final plat requirements of Section 9-12-8(c)(2) does not have to be based on an abstract of title, and that the Title Report that was submitted satisfies the final plat requirements of Section 9-12-8(c)(2), B.R.C. 1981, and the board therefore reaffirms its approval of the final plat under TEC2020-00005, as made on July 30, 2020, and incorporates the staff memorandum as findings as fact.

April 4, 2023

A. AGENDA TITLE: Public Hearing and consideration of a Use Review to allow personal service uses within an existing four-building, approximate 47,440 square-foot office park at 4410, 4430, 4440, and 4450 Arapahoe Avenue within the Residential - High 4 (RH-4) zoning district. The site is within the Viewpoint Office PUD. This proposal is to allow personal services uses in addition to the existing professional, technical, and medical office uses and is reviewed under case no. LUR2022-00055.

On a motion by L. Kaplan and seconded by M. McIntyre, the Planning Board voted 5-0 (J. Boone & L. Smith absent) to approve Use Review no. LUR2022-00055 incorporating the staff memorandum, including its attachments, as findings of fact and subject to the recommended conditions of approval.

B. AGENDA TITLE: Public hearing and recommendation to City Council regarding proposed Ordinance 8571, amending Section 4-20-18, “Rental License Fee,” Title 9, “Land Use Code,” and Title 10 “Structures,” B.R.C. 1981, to update the regulations for accessory dwelling units.

On a motion by ml Robles and seconded by L. Kaplan, the Planning Board voted 5-0 (J. Boone & L. Smith absent) to recommend that City Council adopt Ordinance 8571, amending Section 4-20-18, “Rental License Fee,” Title 9, “Land Use Code,” and Title 10 “Structures,” B.R.C. 1981, to update the regulations for accessory dwelling units.

On a motion to amend by M. McIntyre, Planning Board recommends that planning department staff consider adding a flexible requirement for bike parking in the updated ADU requirements. This motion was withdrawn.

C. Matters: Consideration of draft letter to City Council and City Manager regarding the Airport Community Conversation.

On a motion by M. McIntyre and seconded by ml Robles, the Planning Board voted 5-0 (J. Boone & L. Smith absent) to approve the draft letter as submitted and to initiate the letter to the City Manager.

March 21, 2023

A. CALL UP ITEM: Final Plat to subdivide of a 25,837 square foot property into two (2) single-family residential lots of 12,684 square feet and 13,153 square feet.

B. CALL UP ITEM: Site Review Amendment to amend the Summer Sun PUD to reduce the front setback for a detached accessory building from 55' to 38' at 1401 Quince Ave.

C. CALL UP ITEM: Nonconforming Use Review to allow for replacement of an existing 36 square foot deck and stairway on the north side of a nonconforming duplex at 919 Lincoln Pl. with a new, 69 square foot deck and stairway.

These items were not called up.

A. AGENDA TITLE: Concept Plan Review and Comment for a proposed redevelopment of 4401 Broadway with a 107,250-sf mixed-use project to include housing, retail, light industrial and art studio space, community green space, and a new home for the Boulder Museum of Contemporary Art. The proposed project consists of approximately 17,000 sf of museum space, 17,500 sf of at grade storefront commercial space, and 72,750 sf of residential space, split between 1-bedroom, 2-bedroom, and live/work units, with 96 parking spaces provided (29% reduction). Reviewed under case no. LUR2022-00046.

Since this is a Concept Review, no action is required on behalf of the Planning Board. The Board provided feedback to staff.

February 21, 2023

A. CALL UP ITEM: Final Plat to subdivide the property at 2675 3rd Street to facilitate donation of an outlot to the City of Boulder for maintenance of the Dakota Ridge trail (Trailhead Subdivision Replat A, case no. TEC2021-00021). The subdivision is consistent with approved Site Review #LUR2012-00040. This application is subject to potential call-up on or before Feb. 21, 2023.

This item was not called up.

A. AGENDA TITLE: Concept Plan Review and Comment Request for a proposal to redevelop 5675 Arapahoe with two new three-story buildings for technical office/ research and development uses totaling approximately 200,000 square feet in floor area at a height of approximately 45 feet and with subterranean parking. Reviewed under case no. LUR2022- 00040.

Since this is a Matters item, no action is required on behalf of the Planning Board. The board provided feedback to staff.

February 7, 2023

A. AGENDA TITLE: Concept Plan Review and Comment for proposed mixed-use redevelopment at 2206 Pearl St. in the MU-3 zoning district to include 45 efficiency living units and commercial space along Pearl Street. The application proposes an approximately 64 %residential parking reduction providing 17 residential spaces where 45 are required. Reviewed under case no. LUR2022-00054.

Since this is a Concept Review, no action is required on behalf of the Planning Board. The Board provided feedback to staff.

B. AGENDA TITLE: Public hearing and consideration of a recommendation on a request for annexation of an approximately 1-acre enclave property, generally located at 2415 Vine Place with an initial zoning designation of Residential – Low (RL-1) (case no. LUR2021-00048).

On a motion by L. Smith and seconded by M. McIntyre, the Planning Board voted 7-0 to recommend to City Council approval of the proposed annexation of the property located at 2415 Vine Place with an initial zoning designation of Residential – Low 1 (RL-1) pertaining to case number LUR2021-00048, incorporating this staff memorandum as findings of fact, subject to the recommended conditions of approval for the annexation as provided for in the proposed annexation agreement in Attachment C

A. MATTERS: INFORMATION ITEM: Request for Planning Board to Appoint a Liaison to the Airport Community Conversation Working Group

The board nominated L. Kaplan to be the Planning Board liaison to the Airport Community Conversation Working Group.

January 31, 2023

A. MATTERS: INFORMATION ITEM: Joint study session of the Planning Board, Housing Advisory Board, and Affordable Housing Technical Review Group in preparation for upcoming updates to the existing Inclusionary Housing (IH) program.

Since this is a Matters item, no action is required on behalf of the Planning Board. The board provided feedback to staff.

January 17, 2023

A. MATTERS: INFORMATION ITEM: Accessory Dwelling Unit update introduction.

Since this is a Matters item, no action is required on behalf of the Planning Board. The board provided feedback to staff.

B. MATTERS: INFORMATION ITEM: Overview of Denver Regional Council of Governments.

Since this is a Matters item, no action is required on behalf of the Planning Board. The board provided feedback to staff.

January 3, 2023

A. AGENDA TITLE: Concept Plan Review and Comment for a redevelopment proposal of 2747 Glenwood Court. The proposal includes demolition of the existing apartment complex and redevelopment of the site with attached multi-family and town house dwelling units constructed atop a new underground vehicle parking structure. The new development is proposed to include a multi-family building comprised of 102 efficiency living units (ELUs), 15 two-bedroom units, and six three-bedroom units, two separate townhouse buildings containing seven units each, and a leasing building. Reviewed under case no. LUR2022-00037.

Since this is a Concept Review, no action is required on behalf of the Planning Board. The Board provided feedback to staff.

December 20, 2022

A. AGENDA TITLE: Public hearing and recommendation to City Council regarding proposed Ordinance 8515, amending Title 9, “Land Use Code,” B.R.C. 1981, to update the Site Review criteria as part of the Community Benefit code change project.

Planning Board deliberated and provided staff with feedback. On a motion by S. Silver and Seconded by m. Robles, Planning Board voted 6-0 (L. Smith absent) to recommend that City Council adopt Ordinance 8515, amending Title 9, “Land Use Code,” to update the Site Review criteria as part of the Community Benefit code change project and that staff, prior to bringing this ordinance to City Council, implement the changes discussed by the board that had general board support, including, in particular, a change to the BVCP plan criterion to remove the limitation to policies related to the built environment.

December 6, 2022

A. AGENDA TITLE: Concept Plan Review and Comment for proposed redevelopment at 2801 Jay Rd. to include 84 for-sale dwelling units ranging from 1,050 SF to 1,800 SF, consisting of townhome, duplex, and triplex housing types. The plan proposes 40% (34) middle income affordable units. The percent of affordable housing community benefit will be finalized through annexation. Reviewed under case no. LUR2022-00038.

Since this is a Concept Review, no action is required on behalf of the Planning Board. The Board provided feedback to staff.

B. AGENDA TITLE: Concept Plan Review and Comment for a redevelopment proposal of 2747 Glenwood Court. The proposal includes demolition of the existing apartment complex and redevelopment of the site with attached multi-family and town house dwelling units constructed atop a new underground vehicle parking structure. The new development is proposed to include a multi-family building comprised of 102 efficiency living units (ELUs), 15 two-bedroom units, and six three-bedroom units, two separate townhouse buildings containing seven units each, and a leasing building. Reviewed under case no. LUR2022-00037.

Planning Board voted to postpone item B to the January 3rd, 2023 meeting

.

November 29, 2022

A. AGENDA TITLE: Public hearing and Planning Board action on a request to extend the approval of Site & Use Review application nos. LUR2016-00051 and LUR2016-00052 for redevelopment of the site located at 4750 Independence Rd. (formerly addressed as 3365 Diagonal Hwy.) with a 138 room, three-story, 35-foot tall, Holiday Inn Express hotel.

On a motion by M. McIntyre and seconded by M. Robles the Planning Board voted 7-0 to approve an extension to Site and Use Review case nos. LUR2016-00051 and LUR 2016-00052 for a period not to exceed three years from the date of the decision on the request, incorporating the staff memorandum as findings of fact, and subject to the conditions of approval recommended in the staff memorandum.

November 15, 2022

A. CALL UP ITEM: Site Review Amendment at 2990 Center Green Ct. for an addition to increase floor area of an existing technical office use from 6,351 sf to 9,315 sf in size. This property, Lot 1 of the South Tech Center IV development, is part of the Planned Unit Development (SR 84 13 and P 84 32) for Center Green South Tech Center which established the technical office use.

This item was not called up.

B. INFORMATION ITEM: Comprehensive Planning group to give an update to Planning Board on the preliminary scoping for Boulder Junction Phase 2.

Since this is a Matters item, no action is required on behalf of the Planning Board. The board provided feedback to staff.

C. INFORMATION ITEM: Lot Line Elimination to remove the lot lines between Lot 10, Parcel A and B Culver’s Subdivision (2209 Grove Circle) to create a single 0.12-acre lot (Case No. TEC2022-00039).

Since this is a Matters item, no action is required on behalf of the Planning Board. The board provided feedback to staff.

November 1, 2022

A. AGENDA TITLE: Public Hearing and Concept Plan Review and Comment for the redevelopment of a 2.33 acre area including the properties generally known as 2504, 2506, 2536, and 2546 Spruce St., 2055 26th St., and 2537 Pearl St., with 101 residential units and 160 Parking spaces and amenities for residents. The proposal includes 88 market rate and 13 affordable on-site condominiums. Reviewed under case no. LUR2022-00033.

Since this is a Concept Review, no action is required on behalf of the Planning Board.

October 18, 2022

A. AGENDA TITLE: Public hearing and recommendation to City Council regarding proposed Ordinance 8556, amending Title 9, “Land Use Code,” B.R.C. 1981, to update the use table and use standards related to industrial uses and districts, as part of Phase Two of the Use Table and Standards project.

L. Kaplan moved, and M. McIntyre seconded, that the Planning Board recommend that City Council adopt Ordinance 8556, amending Title 9, “Land Use Code,” to update the use table and use standards related to industrial uses and districts, as part of Phase Two of the Use Table and Standards project, and add form descriptions for live/work spaces and make live/work a conditional use in industrial zones.

On this motion, J. Boone offered a friendly amendment to add BVCP 7.07 (Mixture of Housing Types) and 7.10 (Housing for a Full Range of Households) to the memo component of the packet on page 55, but L. Kaplan and M. McIntyre did not accept the friendly amendment.

The motion was defeated by a vote of 2-4 (ml Robles absent, L. Smith, G. Boone, S. Silver and J. Gerstle voting against).

Another motion was made by S. Silver, seconded by J. Boone, that the Planning Board recommend that City Council adopt Ordinance 8556, amending Title 9, “Land Use Code,” to update the use table and use standards related to industrial uses and districts, as part of Phase Two of the Use Table and Standards project, and also recommend adding form descriptions for live/work spaces and make live/work a conditional use in industrial zones, and furthermore add BVCP 7.07 (Mixture of Housing Types) and 7.10 (Housing for a Full Range of Households) to the memo component of the packet on page 55. The motion passed 6-0 (ml Robles absent).

On a motion by S. Silver seconded by J. Boone the Planning Board voted 6-0 (ml Robles absent) to recommend that City Council adopt Ordinance 8556, amending Title 9, “Land Use Code,” to update the use table and use standards related to industrial uses and districts, as part of Phase Two of the Use Table and Standards project and recommend adding form descriptions for live/work spaces and make live/work a conditional use in industrial zones and add BVCP 7.07 (Mixture of Housing Types) and 7.10 (Housing for a Full Range of Households) to the memo component of the packet on page 55.

September 20, 2022

A. Use Table and Standards – Project Update and Module Two Introduction

Since this is a Matters item, no action is required on behalf of the Planning Board. The board provided feedback to staff.

September 6, 2022

A. AGENDA TITLE: Public hearing and consideration of a recommendation on a petition to annex an approximately 41.7 acre property, generally located at 6500 Arapahoe Road with an initial zoning designation of Public (P) (case no. LUR2021-00032).

On a motion by J. Gerstle seconded by J. Boone the Planning Board voted 5-0 (M. McIntyre and S. Silver absent) to recommend to City Council approval of the proposed series annexation of the property located at 6500 Arapahoe Road with an initial zoning designation of Public (P) pertaining to case number LUR2021-00032, incorporating this staff memorandum as findings of fact, subject to the recommended conditions of approval for the annexation as provided for in the draft annexation agreement in Attachment D.

Additionally, Planning Board recommends that City Council add the following to the annexation agreement:

1. If owned by BVSD, all buildings on the property will be limited to the City’s chartered height limit.

2. BVSD will work with residents in the abutting residential neighborhoods to establish regular, ongoing communication and a good neighbor agreement including reasonable consideration of noise impacts to the neighborhoods and nearby wetlands and open space.

August 23, 2022

A. AGENDA TITLE: Concept plan review and comment for a proposed redevelopment of an approximately 3.99 acre site with existing office use to a new, 139,330 square foot life sciences building, Pearl East Innovation Building. The property is located in the Pearl East Business Park at 4845 and 4875 Pearl East Circle. Site improvements are proposed for the entire campus. Case no. LUR2022-00010

Since this is a Concept Review, no action is required on behalf of the Planning Board.

August 16, 2022

A. AGENDA TITLE: Public hearing and consideration of a recommendation to the City Manager and City Council on the recommended draft 2023-2028 Capital Improvement Program (CIP)

On a motion by M. McIntyre seconded by L. Smith the Planning Board voted 7-0 to recommend to the City Manager and City Council the recommended draft 2023-2028 Capital Improvement Program (CIP), including the list of CIP projects to undergo a Community and Environmental Assessment Process (CEAP), as identified in the staff memorandum. Regarding the Alpine Balsam CIP ((3155570119) ‐ Western City Campus at A‐B Development and (3155570221) ‐ Alpine Balsam Implementation), Planning Board recommends approval for CIP years 2023 and 2024 but reserves their recommendation for years and expenditures beyond 2024.

On a motion by L. Kaplan seconded by M. McIntyre the Planning Board voted 7-0 Regarding the scope and scheduling of the Boulder Municipal Airport Master Plan, the Planning Board recommends that staff conduct an alternatives analysis & community engagement process -- equivalent to the level of effort and investment of a CEAP -- to fulfil provision 6.23 in 2020 mid-term update of the BVCP which reads: “At the time of the next Airport Master Plan, the city will work with the community to reassess the potential for developing a portion of the airport for housing and neighborhood-serving uses.”

On a motion by J. Boone seconded by ml Robles the Planning Board voted 7-0 to recommend to the City Manager and City Council that should projects need to be prioritized from the approved CIP to address any unforeseen resource constraints that projects that address community life safety be given highest consideration.

August 2, 2022

A. AGENDA TITLE: Public hearing and Planning Board action on a request to extend the approval of Site Review application no. LUR2017-00081 for redevelopment of the site located at 5505 Central Avenue with an approximately 53,630 square foot, two and a half story office building within the Flatiron Industrial Business Park and Industrial General (IG) zoning district. The proposal also includes improving internal connectivity between the commonly owned properties of 5505 Central Ave., 2108 55th St., 5525 and 5541 Central Ave. along with the addition of bicycle parking, adjustments to parking layout, and improvements to walkways, drainage, water quality, lighting and landscaping. No modifications to the development standards are proposed. The building permit is issued for the proposed building with construction expected to begin in the fall of 2022.

On a motion by M. McIntyre seconded by L. Smith the Planning Board voted 7-0 to approve an extension to Site Review case no. LUR2017-00081 for a period not to exceed three years from the date of the decision on the request, incorporating the staff memorandum as findings of fact, and subject to the conditions of approval recommended in the staff memorandum.

B. AGENDA TITLE: Public Hearing and Recommendation to City Council for Acceptance of the Comprehensive Flood & Stormwater Master Plan (CFS) and Approval of the Boulder Valley Comprehensive Plan (BVCP) Comprehensive Flood & Stormwater Master Plan Summary.

On a motion by L. Kaplan seconded by ml Robles the Planning Board voted 7-0 to recommend to City Council acceptance of the Comprehensive Flood & Stormwater Master Plan and approval of the Boulder Valley Comprehensive Plan (BVCP) Comprehensive Flood & Stormwater Master Plan Summary.

July 19, 2022

A. AGENDA TITLE: Public Hearing and Recommendation to City Council on Acceptance of the 2022 Boulder Parks and Recreation Master Plan and Action on the Proposed Amendment to the Boulder Valley Comprehensive Plan (BVCP) Parks and Recreation Master Plan Summary.

On a motion by M. McIntyre seconded by ml. Robles the Planning Board voted 5-0 (J. Boone and S. Silver absent) to recommend to City Council acceptance of the 2022 Boulder Parks and Recreation Master Plan and approval of the Boulder Valley Comprehensive Plan (BVCP) Parks and Recreation Master Plan Summary.

B. AGENDA TITLE: Public hearing and consideration of the following related to the adoption of the East Boulder Subcommunity Plans:

(1) A motion to adopt the East Boulder Subcommunity Plan, as adopted by City Council;

(2) A motion to amend Chapter 5 of the Boulder Valley Comprehensive Plan

(BVCP) to add a summary of the East Boulder Subcommunity Plan;

(3) A motion to approve the BVCP land use map changes for the Subcommunity Plan area including the new MUTOD land use designation; and

(4)A Motion to recommend to City Council adoption of Ordinance 8544 amending Section 9-2-19 “Rezoning,” B.R.C. 1981, by adding rezoning standards to implement the East Boulder Subcommunity Plan; and setting forth related details.

On a motion by M. McIntyre seconded by L. Kaplan the Planning Board voted 5-0 (J. Boone and S. Silver absent) to adopt the East Boulder Subcommunity Plan, including the incorporated 55th and Arapahoe Station Area Plan, as adopted by City Council minus the amendment that city council added to policy H1.

On a motion by L. Kaplan seconded by M. McIntyre the Planning Board voted 5-0 (J. Boone and S. Silver absent) to amend Chapter 5 of the Boulder Valley Comprehensive Plan (BVCP) to add a summary of the East Boulder Subcommunity Plan as included in the Planning Board packet July 19, 2022.

On a motion by L. Kaplan seconded by ml. Robles the Planning Board voted 5-0 (J. Boone and S. Silver absent) to approve the proposed Boulder Valley Comprehensive Plan land use map changes for the East Boulder Subcommunity Plan area, including the new Mixed-Use Transit-Oriented Development land use designation as proposed in the East Boulder Subcommunity Plan.

On a motion by M. McIntyre seconded by ml. Robles the Planning Board voted 5-0 (J. Boone and S. Silver absent) recommend adoption of Ordinance 8544 amending Section 9-2-19 “Rezoning,” B.R.C. 1981, by adding rezoning standards to implement the East Boulder Subcommunity Plan; and setting forth related details.

June 23, 2022

A. CONTINUATION: Continuation of consideration of a Use Review application for a 3,716 square foot restaurant (Raising Cane’s) at 3033 28th Street with a double drive-thru and 615 square foot outdoor patio and a 23% parking reduction that has been requested pursuant to administrative review #ADR2022-00062. The project site is zoned Business-Community 1 (BC-1). Case No. LUR2020-00061.

On a motion by ml. Robles seconded by M. McIntyre the Planning Board voted 4-0 (J. Boone, S. Silver, L. Smith absent) to deny Use Review application #LUR2020-00061 and Parking Reduction application ADR2022-00062, finding that the applicant has failed to demonstrate that the applications meet the review criteria and adopting the denial findings of fact prepared for the Planning Board’s June 23 consideration of these applications as revised by the board during the June 23, 2022 meeting.

June 16, 2022

A. AGENDA TITLE: Public hearing and consideration of a recommendation to City Council on an annexation of a 0.9-acre enclave property generally known as 1021 Gapter Road with initial zoning of Residential – Rural (RR-2) (LUR2021-00054).

On a motion by M. McIntyre seconded by ml. Robles the Planning Board voted 6-0 (J. Boone absent) to recommend to City Council approval of the proposed annexation of the property located at 1021 Gapter Road with an initial zoning designation of Residential – Rural 2 (RR-2) pertaining to case number LUR2021-00054, incorporating this staff memorandum as findings of fact, subject to the recommended conditions of approval for the annexation as provided for in the draft annexation agreement in Attachment C.

B. AGENDA TITLE: Public hearing and consideration of a Use Review for a 3,716 square foot restaurant (Raising Cane’s) with a double drive-thru and 615 square foot outdoor patio at 3033 28th Street. A 23% parking reduction has been approved pursuant to administrative review #ADR2022-00062. The project site is zoned Business-Community 1 (BC-1). Case No. LUR2020-00061.

On a motion by M. McIntyre seconded by ml. Robles the Planning Board voted 6-0 (J. Boone absent) to continue this item for preparation of denial findings on June 23, 2022.

June 2, 2022

A, AGENDA TITLE: Public hearing and recommendation to City Council regarding proposed Ordinance 8523, amending Title 9, “Land Use Code,” B.R.C. 1981, to update, streamline, and simplify the use table and standards to make them more understandable and legible, as part of Phase Two of the Use Table and Standards project.

On a motion by S. Silver seconded by L. Smith the Planning Board voted 5-0 (J. Boone, M. McIntyre absent) to recommend that City Council adopt Ordinance 8523, amending Title 9, “Land Use Code,” to update and simplify the use table and use standards to make them more understandable and legible, as part of Phase Two of the Use Table and Standards project.

May 26, 2022

A. AGENDA TITLE: Public hearing and consideration of a recommendation to City Council on an annexation of approximately 1.087 acres of land generally located at 302 Arapahoe Ave. and 334 Arapahoe Ave. with an initial zoning designation of Residential Medium - 3 (RM-3) (LUR2021-00003).

On a motion by L. Smith seconded by ml. Robles the Planning Board voted 7-0 to recommend to City Council approval of the proposed annexation of the properties at 304 and 334 Arapahoe Avenue with initial zoning of Residential Medium ‑ 3 (RM-3) pertaining to case number LUR2021-00003, incorporating this staff memorandum as findings of fact, subject to the recommended conditions of approval for the annexation as provided for in the annexation agreement in Attachment C with the following conditions:

1. Paragraph 18(g) shall read as follows: “Modification of Affordable Housing: The Applicant and City Manager, or her delegate, may agree to modify the requirements set forth in this Paragraph 18 provided that the City Manager finds the proposed development would provide an affordable housing benefit that provides a community benefit at least equivalent to the housing benefit provided by the Affordable Units required herein. The city manager may not accept cash -in -lieu to satisfy the inclusionary housing requirement for any of the units.”
2. The applicant will inventory the trees removed during construction. These trees will be replaced by the applicant by an equal or greater number of on-site trees, of equal or greater environmental quality, as approved by appropriate City staff.

On a motion by M. McIntyre seconded by J. Gerstle the Planning Board voted 7-0 given the uncertainty of the governance of the existing “driveway or lane” west of the of 302 Arapahoe property (aka Starek Road, aka Viewpoint Trail Access Road), Planning Board recommends that City Council ensures that public access remains unrestricted in perpetuity through confirmation of an existing easement, or an IGA with Boulder County, or the city taking control of the access lane or another mechanism ensuring perpetual public access.

May 19, 2022

A. AGENDA TITLE: Public hearing and recommendation to City Council regarding proposed Ordinance 8515, amending Title 9, “Land Use Code,” B.R.C. 1981, to update the Site Review criteria as part of the Community Benefit code change project.

There was no action by the board. The board provided feedback to staff. The staff will revise the Ordinance and bring it in front of the board for review at a future meeting.

May 5, 2022

A. CONTINUATION: Continued Public Hearing and consideration of a motion to adopt the East Boulder Subcommunity Plan. Planning Board deliberated and considered a motion for adoption on May 5. City Council will deliberate and consider a motion for adoption on May 10.

On a motion by M. McIntyre seconded by L. Kaplan the Planning Board voted 5-0 (J. Boone, L. Smith absent) to adopt the East Boulder Subcommunity Plan, including the incorporated 55th and Arapahoe Station Area Plan with the following changes:

1. Policy M16 Key Steps shall be edited as follows: (1) Conduct a level of noise study or a Part 150 study (2) Consider whether any changes to BRC section 9-3-10 Airport Influence Zone or other parts of the Boulder revised code are necessary to ensure compatible land use. “Changes to the Airport Influence Zone may include expansion of Zone Three and Zone Four, but not Zone One or Zone Two under section 9-3-10 of the BRC, as allowable by law.”
2. Policy D15 Description shall be edited as follows: As the city continues to evaluate and guide change across the community, a comprehensive study of industrial uses, trends, “culture,” and needs, in the City of Boulder would offer decisionmakers a tool to inform updates to the Use Standards of the Boulder Land Use Code (B.R.C. 9-6) and future updates to the Boulder Valley Comprehensive Plan.
3. Policy D15 Key Steps shall be edited as follows: (1) Add study to the P&DS Work Plan (2) Develop scope and schedule for the project “using Valmont Park West as a pilot with the community’s collaboration”, (3) Identify funding to support the study.
4. Policy D9 Description shall be edited as follows: Implementing the vision of the East Boulder land use plan will require code updates, zoning changes and possibly, the creation of new zones. The East Boulder Place Types Map and Place Type Performance Standards will be used as a guide to develop code recommendations to implement the plan and deliver design quality and placemaking described in the EBSP. “Form-based code will be considered as an implementation option.”
5. Policy D9 Key Steps shall be revised as follows: (3) Propose revisions to Title 9 and the BVCP Zoning Map. “Propose, model, and evaluate options to achieve job growth for the Destination Office Place Type in Flatiron Office Park that is consistent with the projected 5,000 jobs for that area embedded in the East Boulder Subcommunity Plan."
6. Policy D8 shall be edited as follows: “Structures in East Boulder should respond to climatic and environmental factors.” The city will support innovation in architecture and work with development teams to advance the potential of new materials and methods that will contribute to the citywide goals for climate resilience.
7. Change Policy H9 from a priority 2 to a priority 1.
8. Change Policy B6 from a priority 2 to a priority 1.
9. Change Policy R8 from a priority 2 to a priority 1.
10. The Policy R8 Recommendation shall be edited as follows: Establish an Adaptive Reuse Incentive Program “and incentivize the deconstruction requirement”.
11. A new Policy H10 shall be added to the East Boulder Subcommunity Plan to read as follows:

• ID: H10
• Type: Project
• Recommendation: Homeownership Incentive Programs
• Description: Explore programs to incentivize homeownership for low, moderate, and middle-income households in East Boulder Subcommunity Plan.
• Key Steps: (1) Add project to the P&DS and HHS work plans (2) Community engagement process to weigh options and understand what tools would be most attractive to future potential homeowners and the development community (3) P&DS and HHS collaborate on a recommendation to the Housing Advisory Board, Planning Board and City Council
• Champions: COB: HHS P&DS; Community Vitality; Boulder Chamber
• Priority: 2
• Reference: BVCP Policy 7.01 Local Solutions to Affordable Housing

April 28, 2022

A. AGENDA TITLE: Concept Plan review and comment for a proposed redevelopment of a 5.17-acre property located at 3825 and 3675 Walnut St. into a two-story life sciences facility. The proposed development is 112,423 square feet and is zoned Industrial General (IG). Reviewed under case LUR2022-00006.

Since this is a Concept Review, no action is required on behalf of the Planning Board.

April 21, 2022

A. AGENDA TITLE: Site and Use Review application for the redevelopment of a 9.27-acre property located at 3320 28th St., and 3265 and 3267 30th Street as a mixed-use development with new street connections and ground floor retail along 28th Street and with ground floor amenity space along Street “A”. The project includes 282 residential units. The adjacent Boulder Housing Partners Diagonal Court Townhomes property is included in the proposal and a new park is proposed to be shared between the two properties. Reviewed under case no. LUR2021-00037.

On a motion by M. McIntyre seconded by L. Smith the Planning Board voted 7-0 to approve Site and Use Review case no. LUR2021-00037 incorporating the staff memorandum and the attached Site Review and Use Review Criteria Checklists as findings of fact, and subject to the conditions of approval recommended in the staff memorandum with the following amendment:

1. Condition 6 shall be deleted; and
2. The first sentence of Condition 8 shall be revised to read: “Prior issuance of a building permit for new buildings 1, 3, 4, and 5, the Applicant must demonstrate compliance with Section 9-2-14(h)(2)(K)(i)(a), B.R.C. 1981, for bonus units as defined in in Section 9-2-14(h)(2)(K)(i), B.R.C. 1981”.
3. The conditions shall be renumbered to account for deletion of Condition 6.
4. The final plans shall be revised to meet the long-term bike parking requirements of the city Code.
   

April 7, 2022

A. AGENDA TITLE: AGENDA TITLE: Site and Use Review for a redevelopment of the property located at 770 28th St. the former Best Western Plus Boulder Inn, into a mixed-use project that includes a three-story student apartment building with 96, four-bedroom units along with a ground level amenity space, common areas, and below grade parking. The existing five‑story office building located on the east end of the site at 777 29th St. will remain. The proposal includes landscape improvements for shared open space between the apartments and the existing office building. The applicant is proposing a 55 percent parking reduction. A solar exception is requested due to topographic variation from the site to the property to the north and resulting in a minor encroachment of shadows on adjacent property within Solar Access Area II, solar fence. Reviewed under case LUR2021-00024.

On a motion by S. Silver seconded by L. Kaplan the Planning Board voted 7-0 to approve Site and Use Review case no. LUR2021-00024, including the Solar Exception, incorporating the staff memorandum and the attached Site Review and Use Review Criteria Checklists as findings of fact, and subject to the conditions of approval recommended in the staff memorandum.

March 31, 2022

A. AGENDA TITLE: Public Hearing, Review and Discussion of the Draft East Boulder Subcommunity Plan

No action is required on behalf of the Planning Board. The board gave a summary of their recommendations to staff.

March 17, 2022

A. AGENDA TITLE: Public Hearing and consideration of a Use Review #LUR2021-00030 and Administrative Parking Reduction #ADR2022-00033 to legitimize existing non‑residential uses at 777 Poplar Ave. within the Residential - Low 2 (RL-2) zoning district. The site is within the area originally conceived as the "Village Center" of the Wonderland Hill 4 Planned Unit Development (PUD).

On a motion by S. Silver seconded by J. Gerstle the Planning Board voted 5-0 (P. Vitale absent) to approve Land Use Review no. LUR2021-00030 and Administrative Review no. ADR2022-00033 incorporating the staff memorandum, including its attachments, as findings of fact and subject to the recommended conditions of approval.

March 3, 2022

A. AGENDA TITLE: Concept Plan review and comment for a redevelopment of the property located at 2900 E College Ave, into a multi-unit student housing project with 39 dwelling units, which includes a mix of 1-, 3- and 4-bedroom units. Parking is proposed to be provided in a two-level parking structure, primarily below grade. The proposed building is four stories above grade with a rooftop deck. Reviewed under case LUR2021-00046.

Since this is a Concept Review, no action is required on behalf of the Planning Board.

February 17, 2022

A. AGENDA TITLE: Public hearing and consideration of a recommendation to City Council on a proposed annexation agreement amendment for the property at 1422 55th Street to modify the affordable housing requirements and facilitate the development of the site with for-sale townhomes. Case # LUR2021-00045.

On a motion by P. Vitale seconded by J. Boone the Planning Board voted 5-0 (S. Silver absent) to recommend to City Council approval of the annexation agreement amendment LUR2021-00045 as it is consistent with the overall goals and policies of the Boulder Valley Comprehensive Plan pertaining to annexation as well as the intent that the City Council request and consider additional information on the following prior to final approval:

• The number and type of dwelling units that would be built
• Whether the city could maximize the per-dwelling-unit cash-in-lieu amount beyond $25,000 per new dwelling unit, since this is significantly less than would be paid under today’s inclusionary housing program
• How this annexation could address Boulder’s missing middle goals.

B. AGENDA TITLE: Public hearing and Planning Board consideration of the following:

1. A Site Review application for a new City of Boulder Fire Station no. 3, located at 2751 and 2875 30th Street. The fire station is proposed to include four apparatus bays, administration offices, exercise, meeting, dining, and living room spaces along with bunk rooms for firefighters and administrative offices. Site improvements include landscaping, parking with a 55 percent parking reduction along with a planned new Bluff Street connection. Reviewed under case no. LUR2021-00017.
2. Motion to approve an amendment to the Transit Village Area Plan to change the 30th Street cross section so as to remove on-street parking and to replace trees in grates with an eight wide streetscape planting strip and 10-foot-wide detached sidewalk and protected bike lanes per the Transportation Master Plan, including text amendments as provided in the staff memo.

On a motion by L. Smith seconded by P. Vitale the Planning Board voted 5-0 (S. Silver absent) to approve Site Review case no. LUR2021-00017 incorporating the staff memorandum and the attached Site Review Criteria Checklist as findings of fact, and subject to the conditions of approval recommended in the staff memorandum.

On a motion by L. Smith seconded by J. Gerstle the Planning Board voted 5-0 (S. Silver absent) to approve an amendment to the Transit Village Area Plan to change the 30th Street cross section so as to remove on-street parking and to replace trees in grates with an eight wide streetscape planting strip and 10-foot-wide detached sidewalk and protected bike lanes per the Transportation Master Plan, including text amendments as provided in the staff memo.

February 3, 2022

A. AGENDA TITLE: Concept Plan Review and Comment for a proposal to develop a multifamily residential project at 3300 Penrose Place. The existing three-story building on the site is proposed to be retrofitted for apartments with four new buildings proposed and a total of 114 permanently affordable dwelling units. The residential units are planned to include efficiency living units and one- and two-bedroom apartments. Reviewed under case no. LUR2021-00044.

Since this is a Concept Review, no action is required on behalf of the Planning Board.

B. AGENDA TITLE: Public hearing and consideration of the following items related to the proposed Ball Aerospace expansion project at 1600 Commerce Street and 5001 Arapahoe Avenue within the Industrial – General (IG) zoning district:

1. Recommendation on proposed Ordinance 8499 granting authority to the approving authority under Title 9, “Land Use Code,” B.R.C. 1981, to approve a development at the Ball Aerospace campus that exceeds the floor area ratio standards in the Industrial – General zoning district, granting a 15 year vesting period for the approved site specific development plan, extending the expiration date of a landmark alteration certificate and historic preservation demolition approval related to this development, and authorizing the city manager to execute documents that will secure payment of an increased linkage fee for additional floor area, and setting forth related details, and
2. Site Review application #LUR2021-00019 which would amend prior approval #LUR2004-00070 to expand existing manufacturing buildings by approximately 390,000 square feet and construct two new administrative buildings and a new parking garage structure with pedestrian bridge crossing Commerce Street. Height modifications for up to 55-feet and a 16.5% parking reduction are proposed.

On a motion by D. Ensign seconded by L. Smith the Planning Board voted 6-0 to recommend approval of Ordinance 8499 granting authority to the approving authority under Title 9, “Land Use Code,” B.R.C. 1981, to approve a development at the Ball Aerospace campus that exceeds the floor area ratio standards in the Industrial – General zoning district, granting a 15 year vesting period for the approved site specific development plan, extending the expiration date of a landmark alteration certificate and historic preservation demolition approval related to this development, and authorizing the city manager to execute documents that will secure payment of an increased linkage fee for additional floor area, and setting forth related details.

On a motion by S. Silver seconded by J. Gerstle the Planning Board voted 6-0 to recommend the following:

• In recognition of the expanding Ball Aerospace employee population, many of whom will earn salaries within the City's middle-income range (approximately 80% to 110% of AMI), Planning Board encourages Council to consider using some of the significant linkage fees associated with LUR2021-00019 for missing middle housing. This is not a condition of approval.

L. Smith left the meeting

On a motion by D. Ensign seconded by S. Silver the Planning Board voted 5-0 (L. Smith absent) to approve Site Review application #LUR2021-00019, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria subject to the recommended conditions of approval with the following changes:

• Condition 6.e.iv., v., and vi. shall each be revised so that the reference to “Conditions 1 through 3” be amended to be read “Conditions i. through iii.”
• A new condition 3(f) shall be added to require that the TDM plan be reviewed to assure the plan has mechanisms to further encourage use of alternatives to the single occupant vehicle through all phases of the project.

December 16, 2021

A. AGENDA TITLE: Public hearing and consideration of the following items related to the redevelopment of a portion of the property located at 1820 15th St. for the main church campus of Grace Commons Church (formerly known as First Presbyterian Church) along with redevelopment of property located at 1603 Walnut Street (church annex property):

1) Action on a Site Review application for church property that includes a three-story addition to the main church campus of approximately 43,854 square feet for recreation space, meeting rooms, and church offices. Also proposed is a new four-story mixed use building on the annex property with ground floor cafe and assembly space, a parking garage, and 30 permanently affordable residential units on the second and third floor, and an event space on the fourth floor, case no. LUR2020-00064;

2) Action on a Use Review application for the use of the fourth story within the planned building at 1603 Walnut Street as an event space (“indoor amusement establishment” use), case no LUR2021-00001; and

3) Action on a Use Review application for proposed efficiency living unit apartments that are greater than 40 percent of the residential units at 1603 Walnut Street, case no. LUR2021-00015.

On a motion by D. Ensign seconded by P. Vitale the Planning Board voted 6-0 (J. Boone absent) to approve Site Review case no. LUR2020-00064 incorporating the staff memorandum and the attached Site Review Criteria Checklist as findings of fact, and subject to the conditions of approval recommended in the staff memorandum.

On a motion by D. Ensign seconded by J. Gerstle the Planning Board voted 6-0 (J. Boone absent) to approve Use Review case no. LUR2021-00001 incorporating the staff memorandum and the attached Use Review Criteria Checklist as findings of fact, and subject to the conditions of approval recommended in the staff memorandum.

On a motion by D. Ensign seconded by S. Silver the Planning Board voted 6-0 (J. Boone absent) to approve Use Review case no. LUR2021-00015 incorporating the staff memorandum and the attached Use Review Criteria Checklist as findings of fact, and subject to the conditions of approval recommended in the staff memorandum.

December 2, 2021

A. AGENDA TITLE: Public hearing and consideration of a proposal to subdivide an existing 19,035 square foot lot within the Residential Low – 1 (RL-1) zoning district at 1865 Kohler Drive into two lots of 8,964 square feet and 10,071 square feet. (Case No. TEC2021-00019).

On a motion by S. Silver seconded by L. Montoya the Planning Board voted 6-0 (D. Ensign absent) to approve Technical Documents application #TEC2021-00019, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria and subject to the conditions incorporated into the attached subdivision agreement.

November 4, 2021

A. AGENDA TITLE: CONCEPT PLAN REVIEW AND COMMENT: Request for citizen, staff, and Planning Board input on a proposal to demolish the existing hotel at 1345 28th Street and redevelop the property with three 4-story buildings up to 55-feet in height. The development is proposed to contain 295 residential apartments, in a mix of studio, one-, two-, three-, and four-bedroom configurations. A 46% parking reduction is proposed to allow for 387 parking spaces, where 712 are required per the underlying zoning. The applicant intends to maintain a portion of the existing tennis facilities on the south side of the creek. Case number LUR2021-00033.

Since this is a Concept Review, no action is required on behalf of the Planning Board.

B. AGENDA TITLE: Public hearing and recommendation to City Council regarding Ordinance 8514, which proposes to amend Title 9, “Land Use Code,” to add new conditional use standards related to oil and gas operations.

On a motion by J. Gerstle seconded by L. Montoya the Planning Board voted 7-0 to recommend that City Council adopt Ordinance 8514, amending Title 9, “Land Use Code,” to amend Title 9, “Land Use Code,” to add new conditional use standards related to oil and gas operations.

October 7, 2021

A. AGENDA TITLE: Public Hearing and Recommendation to City Council for Ordinance 8512 granting authority to the approving authority under Title 9, “Land Use Code,” B.R.C. 1981, to approve a development that exceeds the minimum open space per dwelling unit standards for a property in the Business Community 1 district (BC-1) located at 3320 28th Street, at Diagonal Plaza, authorizing the city manager to execute documents that will secure affordable housing on the property, and setting forth related details.

On a motion by S. Silver seconded by J. Boone the Planning Board voted 7-0 to recommend to City Council to approve Ordinance 8512 granting authority to the approving authority under Title 9, “Land Use Code,” B.R.C. 1981, to approve a development that exceeds the minimum open space per dwelling unit standards for a property in the Business Community 1 district (BC-1) located at 3320 28th Street, at Diagonal Plaza, authorizing the city manager to execute documents that will secure affordable housing within the project, and setting forth related details; and to recommend to City Council to include into next year’s work plan an Area Plan for the entire Diagonal Plaza.

B. AGENDA TITLE: Public hearing and recommendation to City Council regarding Ordinance 8510, which proposes to amend Title 9, “Land Use Code,” to allow restaurants as limited uses in regional parks within the public (P) zoning district.

On a motion by L. Smith seconded by J. Gerstle the Planning Board voted 7-0 to recommend that City Council reject the Ordinance 8510, which proposes to amend Title 9, “Land Use Code,” to allow restaurants as limited uses in regional parks within the public (P) zoning district, as written due to the following concerns:

• Desire for individual Use Review;
• That the three parks are sufficiently different to merit different approaches; and
• While Planning Board agrees with staff and the community that restaurants may be appropriate in regional parks, further exploration of “accessory” vs. “principal” use is warranted.

C. AGENDA TITLE: Public Hearing and Recommendation to City Council for Acceptance of the Facilities Master Plan (FMP) and Approval of the Boulder Valley Comprehensive Plan (BVCP) Facilities Master Plan Summary.

On a motion by D. Ensign seconded by P. Vitale the Planning Board voted 7-0 to accept the Facilities Master Plan and approve the Boulder Valley Comprehensive Plan (BVCP) Facilities Master Plan Summary.

September 2, 2021

A. AGENDA TITLE: Public Hearing and Concept Plan Review and Comment for the redevelopment of a 2.33-acre parcel that includes the addresses noted below, located primarily at 2504 Spruce Street, with 63 residential units, and an exercise room for residents. The proposal is for a two-phased project. Phase 1 is planned with 16 townhomes and two apartments, two of which are proposed to be on-site affordable units. Phase 2 would include up to 45 apartments of varying sizes and bedroom counts, with six planned as on-site affordable units. Reviewed under case no. LUR2021-00016.

Since this is a Concept Review, no action is required on behalf of the Planning Board.

B. AGENDA TITLE: Public hearing to:

1. consider a recommendation to City Council regarding Ordinance 8484 amending Appendix L, “Form-Based Code Areas,” and Appendix M, “Form-Based Code,” of Title 9, “Land Use Code,” B.R.C. 1981, creating a form-based code for the Alpine-Balsam Area, and setting forth related details;
2. consider initiating a general revision to the city’s zoning map which forms a part of Title 9, “Land Use Code,” B.R.C. 1981, and a recommendation to City Council regarding Ordinance 8485 to adopt a general revision of the city’s zoning map consistent with the land use designation changes adopted in the 2020 Mid-Term Update to the Boulder Valley Comprehensive Plan; and
3. consider approval of amendments to the Alpine-Balsam Area Plan Connections Plan to be consistent with the proposed Appendix M, “Form-Based Code,” regulating plan for the Alpine-Balsam Area.

On a motion by D. Ensign seconded by J. Boone the Planning Board voted 6-0 (L. Smith absent) to consider this matter and action in the form of the following motion:

1. initiate a general revision to the city’s zoning map which forms a part of Title 9, “Land Use Code,” B.R.C. 1981, and recommend to City Council adoption of Ordinance 8485 for a general revision of the city’s zoning map consistent with the land use designation changes adopted in the 2020 Mid-Term Update to the Boulder Valley Comprehensive Plan; and
2. recommend to City Council adoption of Ordinance 8484 amending Appendix L, “Form-Based Code Areas,” and Appendix M, “Form-Based Code,” of Title 9, “Land Use Code,” B.R.C. 1981, creating a form-based code for the Alpine-Balsam Area, and setting forth related details;
   
3. approve amendments to the Alpine-Balsam Connections Plan to be consistent with the proposed Appendix M, “Form-Based Code,” regulating plan for the Alpine-Balsam area.

August 19, 2021

A. AGENDA TITLE: Public hearing and consideration of a recommendation to the City Manager and City Council on the recommended 2022-2027 Capital Improvement Program (CIP).

On a motion by D. Ensign seconded by P. Vitale the Planning Board voted 5-1 (J. Gerstle opposed, L. Smith absent) to recommend to the City Manager and City Council the recommended 2022-2027 Capital Improvement Program (CIP), including the list of CIP projects to undergo a Community and Environmental Assessment Process (CEAP), as identified in the staff memorandum.

Friendly Amendment: J. Gerstle offered a friendly amendment that Planning Board should insist on a CEAP study regarding CU South. D. Ensign and P. Vitale did not accept the friendly amendment.

J. Gerstle made a motion to that a CEAP be study done in connection with CU South. There was no second. Motion failed.

August 5, 2021

A. AGENDA TITLE: Public hearing and Planning Board action on a request to extend the approval of Use Review application no. LUR2016-00020 for a residential use in an industrial zoning district located at 3289 Airport Road. Velo Condos is a new neighborhood of 70 homes, located in a five-building condominium (for-sale) community comprised of one, two, and three-bedroom homes, and five live-work condominiums. Construction has been completed on the first three, of five buildings, and the applicant has presold 50 percent of the units. The building permits are issued for the final two buildings with construction expected to begin at the end of 2021.

On a motion by L. Montoya seconded by P. Vitale the Planning Board voted 5-0 (S. Silver, L. Smith absent) to approve an extension to no. LUR2016-00020 for a period of 36 months from the date of this approval to August 2024, incorporating the staff memorandum as findings of fact.

B. AGENDA TITLE: Public hearing and consideration of a Site Review application to redevelop the property at 3485 Stanford Court with sixty permanently affordable apartments for seniors (age 55+) in one new building. The proposed units include 54 one-bedroom units and 6 two-bedroom units. The original sanctuary building is proposed to be landmarked and renovated for the existing childcare (Rainbow Childcare Center) on the lower level and new community space for residents on the upper level. The proposal includes a request for an increase in maximum allowable building height to allow a height of 45’-10” for the proposed building. Case No. LUR2020-00052.

On a motion by L. Montoya seconded by P. Vitale the Planning Board voted 5-0 (S. Silver, L. Smith absent) to approve Site Review case no. LUR2020-00052, incorporating the staff memorandum and the attached criteria checklists as findings of fact, and subject to the conditions of approval recommended in the staff memorandum.

Friendly Amendment: J. Gerstle offered a friendly amendment to add the following additional condition: “The pedestrian connections shown on the plans prepared by the Applicant on June 4, 2021, shall not be gated or fenced off and shall be open for use by residents, occupants, visitors, and other pedestrians to ensure safe and convenient pedestrian connections through the property and between properties connected by these connections.” L. Montoya and P. Vitale accepted the friendly amendment.

July 29, 2021

A. CONTINUATION: Continuation of Planning Board’s consideration and recommendation on a petition to annex a 308.15-acre parcel generally known as CU South at 4886 and 5278 Table Mesa Drive; 718 Marshall Road; 0 Hwy 36 (2 parcels); and 4745 W. Moorhead with an initial zoning designation of Public (P) (LUR2019-00010).

On a motion by C. Gray seconded by S. Silver, the Planning Board voted 6-1 (D. Ensign opposed) to recommend that City Council incorporate the following recommendations from the Recommendations Matrix into the CU annexation agreement for consideration.

Friendly Amendment: B. Bowen offered a friendly amendment to include case number LUR2019-00010 in the motion. C. Gray and S. Silver accepted the friendly amendment.

On a motion by C. Gray seconded by S. Silver, the Planning Board voted 6-1 (D. Ensign opposed) to recommend that City Council incorporate the following recommendations from the Recommendations Matrix into the CU annexation agreement LUR2019-00010 for consideration.

On a motion by D. Ensign seconded by B. Bowen the Planning Board voted 3-4 (S. Silver, J. Boone, J. Gerstle, C. Gray opposed) to recommend to City Council approval of the proposed annexation 4886 and 5278 Table Mesa Drive; 718 Marshall Road; 0 Hwy 36 (2 parcels); and 4745 W. Moorhead with an initial zoning designation of Public (P) pertaining to case number LUR2019-00010, incorporating this staff memorandum as findings of fact, subject to the recommended conditions of approval for the annexation as provided for in the draft annexation agreement in Attachment C, with the additional recommendations that the Planning Board have brought forth consensus in column one in the attached decision matrix.

July 22, 2021

A. AGENDA TITLE: Public Hearing and recommendation on a petition to annex a 308.15-acre parcel generally known as CU South at 4886 and 5278 Table Mesa Drive; 718 Marshall Road; 0 Hwy 36 (2 parcels); and 4745 W. Moorhead with an initial zoning designation of Public (P) (LUR2019-00010).

On a motion by D. Ensign seconded by S. Silver the Planning Board voted 7-0 to, due to the expected length of the public hearing on CU South, approve a continuance of July 22, 2021 agenda Item 5A (LUR2019- 00010) to a virtual public meeting of the board to be held on July 29, 2021 at 6:00PM. The board agrees to limit clarifying questions to city staff to 30 minutes and clarifying questions to the applicant to 30 minutes each in the July 22, 2021 proceedings, and agrees that any additional questions will be accommodated during board deliberation on agenda item on July 29, 2021.

June 24, 2021

A. CONTINUATION: Planning Board consideration of a combined Site and Use Review application (case no. LUR2020-00063) to develop the 9.87-acre site located at 4775, 4725 and 4649 Spine Road with 230 attached residential units, a cafe, library, art space and community areas, as well as a mobility hub and green space. The Site Review is an amendment to the previously approved Celestial Seasonings Planned Unit Development. A Use Review is required for residential uses within the Industrial – Manufacturing (IM) zoning district. Applicant is seeking to establish Vested Rights per section 9-2-20, B.R.C.1981, for elements of the Site and Use Review plans.

On a motion by D. Ensign seconded by J. Boone the Planning Board voted 6-0 (L. Smith absent) to approve Site Review case no. LUR2020-00063 incorporating the staff memorandum and the attached Site Review Criteria Checklist and Use Review Criteria Checklist as findings of fact, and subject to the conditions of approval recommended in the staff memorandum.

With the following modifications to the recommended site review conditions of approval:

A. A new site review condition 3.j. shall be added to read: A final TDM Plan that is revised to require:
(1) That the applicant will contribute $200,000 to fund a first year of a Gunbarrel Shuttle provided the shuttle is established no later than 3 years (instead of 18 months) after issuance of the last certificate of occupancy for the development; and

(2) That the Applicant provide BECO and NECO passes or a city approved equivalent and pay the cost of providing these passes to employees and residents, including all new tenants, for a period of five years (instead of 3 years) following issuance of a certificate of occupancy for each dwelling unit.

B. Revise site review condition 5 by replacing “three” with “five” years.

C. Add a new site review condition 7 to read: No fences shall be constructed, with the exception of the pool area, around the shared open space areas shown on the approved plans that would prevent access to the open spaces.

Additionally, though not a condition for approval, the board acknowledges the commitment of the applicant to apply covenants on the affordable non-residential spaces (currently planned for the café and library spaces) on this site to assure that they are available for the benefit of the community without a base rent charge in perpetuity.

On a motion by J. Boone seconded by S. Silver the Planning Board voted 6-0 (L. Smith absent) to recommend to City Council that Gunbarrel be a top priority for Subcommunity Planning.

June 17, 2021

A. AGENDA TITLE: Public hearing and Planning Board consideration of a combined Site and Use Review application (case no. LUR2020-00063) to develop the 9.87-acre site located at 4775, 4725 and 4649 Spine Road with 230 attached residential units, a cafe, library, art space and community areas, as well as a mobility hub and green space. The Site Review is an amendment to the previously approved Celestial Seasonings Planned Unit Development. A Use Review is required for residential uses within the Industrial – Manufacturing (IM) zoning district. Applicant is seeking to establish Vested Rights per section 9-2-20, B.R.C.1981, for elements of the Site and Use Review plans.

On a motion by D. Ensign seconded by L. Smith the Planning Board voted 6-0 (L. Montoya absent) to approve a continuance of board deliberation on City of Boulder Planning Board June 17, 2021 agenda item 5A (case no. LUR2020-00063) following the public hearing tonight to a second regular meeting of the to be held on June 24, 2021. The public hearing for this item will be closed before the continuance takes effect.

June 3, 2021

A. AGENDA TITLE: Public hearing and recommendation to City Council regarding a draft ordinance, which proposes to amend Title 9, “Land Use Code,” by implementing Phase 2 of the Community Benefit project by adding below market rate non-residential uses as options associated with requests for additional height or floor area in specified areas and setting forth details in relation thereto.

On a motion by J. Gerstle seconded by L. Montoya the Planning Board voted 7-0 to have staff prepare an Ordinance that extends the Appendix J map expiration date to the effective date of Jan. 1, 2022.

On a motion by S. Silver seconded by J. Gerstle the Planning Board voted 7-0 that when Appendix J sunsets, new code language will exclude lower density residential and other zones from the community benefit program where requests for additional height and floor area would not be expected or appropriate considering the lower intensity context. The zones that would be excluded from the program are Rural - Residential (RR), Residential - Estate (RE), Residential – Low (RL), Residential – Mixed (RMX), Business – Transitional (BT), Mobile Home (MH) and Agriculture (A) zones.

On a motion by D. Ensign seconded by P. Vitale the Planning Board voted 2-5 (S. Silver, L. Montoya, L. Smith, J. Boone, J. Gerstle opposed) to recommend that City Council adopt Ordinance 8469, which proposes to amend Title 9, “Land Use Code,” by implementing Phase 2 of the Community Benefit project by adding below market rate non-residential uses as options associated with requests for additional height or floor area in specified areas and setting forth details in relation thereto.

On a motion by S. Silver seconded by J. Gerstle the Planning Board voted 5-2 (L. Smith, D. Ensign opposed) to highlight Planning Board's concerns on the proposed Phase 2 Community Benefit Ordinance. Planning Board supports the idea of a Community Benefit focused on affordable commercial space in exchange for additional height and floor area. However, we had concerns with the proposal brought to us as Ordinance 8469 including:

1. The complexity of the proposal.
2. A lack of adequate data on several issues: potential outcomes for the city in terms of actual affordable space created; additional market rate commercial space created; an analysis of the cost benefit for both the city and a developer; consequences for the funds available for affordable housing.
3. A desire to see alternative ideas pursued such as an evergreen fund that would capture the value of built space over time. This could be an alternative to cash-in-lieu and exit ramp fees.
4. The absence of a criteria to assure appropriate onsite location of affordable space.
5. The need for a holistic approach to discount rent from a gross perspective rather than a net perspective.
6. A lack of community input on proposed density and intensity changes.
7. A desire to narrow the scope of eligible organizations to best advance the community needs including our racial equity goals.
8. Concern that the additional market rate commercial space generated by this program would further exacerbate the jobs housing imbalance.