Item 5B - 5405 Spine Rd RZ
CITY OF BOULDER
PLANNING BOARD
MEETING DATE: May 16, 2023
AGENDA TITLE: 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.
Applicant: Stephen Eckert
Owner: Spinebarrel, LLC
REQUESTING DEPARTMENT / PRESENTERS
Brad Mueller, Director Planning & Development Services
Charles Ferro, Senior Planning Manager
Chandler Van Schaack, Principal Planner
OBJECTIVE
1. Planning Board hears staff and applicant presentations
2. Hold Public Hearing
3. Planning Board to ask questions of applicant, the public, and staff
4. Planning Board action to recommend approval or denial
SUMMARY
Proposal: Proposal to rezone the property from Industrial – General (IG) to Business
– Community 2 (BC-2) consistent with the Gunbarrel Community Center
Plan and the Boulder Valley Comprehensive Land Use designations of
Community Business.
Project Name: Rezoning – 5405 Spine Rd.
Location: 5405 Spine Road (Northwest corner of intersection of Spine and Lookout
roads)
Size of Tract: approximately 1.01 acres (43,895 square feet)
Zoning: Industrial General (IG) currently, with Business – Community 2 (BC-2)
proposed
BVCP Land Use: Community Business (CB)
Key Issue: Is the rezoning request consistent with required review criteria for rezoning?
EXECUTIVE SUMMARY:
A rezoning request requires Planning Board to make a recommendation to City Council
regarding consistency of the request with the rezoning criteria of the land use code in Section 9-
2-19(e), B.R.C. 1981.
STAFF FINDINGS AND RECOMMENDATION:
Suggested Motion Language:
Staff finds that the proposed rezoning application meets the rezoning criteria of Section 9-2-
19(e) B.R.C., 1981 and finds the proposed rezoning request to be in compliance with the
Boulder Valley Comprehensive Plan and the Gunbarrel Community Center Plan. Therefore,
staff recommends that Planning Board recommend approval of the rezoning proposed under
case no. LUR2022-00057 to City Council incorporating this staff memorandum and the
above review criteria checklist as findings of fact.
BACKGROUND:
In April 2004, the City adopted the Gunbarrel Community Center Plan (GCCP). Subsequently,
in June 2006, a a change in the BVCP land use designation was approved for the subject
property from Performance Industrial (PI) to Community Business (CB) in accordance with the
Gunbarrel Community Center Plan.
The GCCP was adopted as a future land use and transportation plan for the entire Gunbarrel
commercial area and was initiated as a planning process by the city in 2002. The plan provides
direction for reviewing future public improvements and private sector development proposals in
the area and provides redevelopment direction for individual landowners. The subject site is
identified as Community Business land use within the GCCP.
The applicant is proposing to change the current zoning from Industrial General (IG) to Business
– Community 2 (BC-2) to come into compliance with the current BVCP land use designation of
Community Business as well as the land use designation prescribed by the GCCP. The
Community Business designation is meant to allow for a more diverse mix of uses including
specialty retail, restaurant, service and other uses consistent with the GCCP.
PUBLIC FEEDBACK
Consistent with Section 9-4-3, Public Notice Requirements, B.R.C. 1981, staff provided
notification to all property owners within 600 feet of the subject location of the application, and
signs have been posted by the applicant indicating the review requested. Staff has not received
any public comments regarding the proposed rezoning request.
Existing Site. As shown below in Figure 1, the site is located at the northwest corner of Spine
and Lookout roads and is occupied by an existing 14,643 square foot building constructed in
1982 that has housed a variety of industrial/office uses over the past 40 years. The building
currently contains an office use. There is a surface parking lot with 39 existing parking spaces,
no bike parking, and several existing, mature trees.
Gunbarrel Community Center Plan
The GCCP is a future land use and transportation plan for the entire Gunbarrel commercial area
initiated in a public process by the city in 2002. Through public participation, the plan
established the vision for redevelopment in much of the Gunbarrel commercial and office area
with the goal of emphasizing urban development patterns with a diverse mix of vibrant uses.
The plan provides direction for reviewing future public improvements and private sector
development proposals in the area and redevelopment direction for individual landowners. Refer
to Figure 2 below for the GCCP land use concept map. The GCCP (link provided here)
identifies the site for “Community Retail” –The Community Retail definition in the Gunbarrel
Community Center plan notes, “The uses in this area will be easily accessible by automobile and
cater to the convenient shopping of household goods.” In addition, the plan recommends a
Community Business Comprehensive Plan land use designation for the site. (See Figure 13, Pg.
48, GCCP)
Spine Rd Lookout Rd
Odell Place
Figure 1: Site Location
Figure 2: GCCP Land Use Concept Map
BVCP Land Use
The Boulder Valley Comprehensive Plan land use designation for the site is Community
Business, defined in Chapter III of the BVCP as follows:
Refer to Figure 3 below for the BVCP land use map.
Existing Zoning
The current zoning is Industrial General (IG), defined within the land use code section 9-5-2,
B.R.C. 1981 as,
“General industrial areas where a wide range of light industrial uses, including research and
manufacturing operations and service industrial uses, are located. Residential uses and other
complementary uses may be allowed in appropriate locations.”
Figure 3: BVCP Land Use Map (Site in Yellow)
By definition, a majority of the uses allowed are industrial. Refer to Figure 4 below for the
existing zoning.
Proposed Zoning
The applicant is proposing Business Community 2 (BC-2) zoning, defined in the land use code
section 9-5-2, B.R.C. 1981, as “Business areas containing retail centers serving a number of
neighborhoods, where retail-type stores predominate.”
If the property is rezoned, the property would become subject to the use standards for the BC-2
zoning district as established in Table 6-1, Use Table in Land Use Code section 9-6-1, B.R.C.
1981, found at this link here. The applicant is intending to establish a private school on the
property following the rezoning. Per Table 6-1, private elementary, middle and high school uses
are allowed by-right in the BC-2 zone.
Built Context
The immediate surroundings are primarily industrial with retail uses nearby along with new
residential. Since adoption of the GCCP, several properties were rezoned consistent with the
adopted land use designations that had been implemented based on the GCCP:
• 6333 Lookout Road (Gunbarrel Gateway) was rezoned from Industrial General (IG) to
Business Community – 2 (BC-2), developed with a Hampton Inn Hotel, with approval for
three office or retail buildings aligning Lookout Road and 63rd Street. The hotel was
approved in 2008 and is complete and operational.
• 6685 Gunpark Road (Gunbarrel Town Center), an 8.7-acre parcel across Lookout Road
and east of the site was rezoned to Business Regional (BR-1) for the town center
development envisioned by the GCCP, now referred to as the Gunbarrel Town Center.
The town center development was approved in 2012 and now contains a King Soopers
Figure 4: Existing Zoning
and a variety of other neighborhood-serving restaurant and retail uses.
• 5460 Spine Road (The Alexan), an 8.6-acre parcel located one block north of the site was
rezoned to high density residential, RH-5 from Industrial General (IG). The rezoning was
initiated not only to provide supporting residential uses in proximity to the planned
mixed-use Gunbarrel Town Center, but also to enable residential development in close
proximity to what was originally the proposed RTD rail stop in the light industrial area
directly to the west. Since that time, the planned RTD stop has been relocated to west of
63rd Street. The new location of the RTD stop remains close by (within one-quarter mile
from the site) with additional bus stops located at the intersection of Lookout and Spine
roads. In 2012, Planning Board and City Council approved a site review to allow 231
units with 1,500 square feet of retail space.
• 6655 Lookout Road, a 100 percent permanently affordable apartment project, was
approved in 2013, for 68 units. The project was approved under a Use Review for
residential within an Industrial zoning district.
• 5400 Spine Rd, the 1-acre parcel immediately east of the project site, was rezoned from
IG to BC-2 in 2014 and has since been redeveloped as a mix of office and retail uses.
REVIEW PROCESS
Per Land Use Code section 9-2-19(d), B.R.C. 1981, “the planning board shall hear a request for
rezoning at a public hearing and shall make a recommendation for approval or denial to the city
council.” Staff has prepared a draft rezoning ordinance, provided in Attachment A.
KEY ISSUE DISCUSSION
Key Issue #1: Is the rezoning request consistent with required review criteria for rezoning?
Land Use Code Section 9-2-19(e), B.R.C. 1981 states:
The city's zoning is the result of a detailed and comprehensive appraisal of the city's present
and future land use allocation needs. In order to establish and maintain sound, stable, and
desirable development within the city, rezoning of land is to be discouraged and allowed only
under the limited circumstances herein described. Therefore, the city council shall grant a
rezoning application only if the proposed rezoning is consistent with the policies and goals of
the Boulder Valley Comprehensive Plan, and, for an application not incidental to a general
revision of the zoning map, meets one of the following criteria:
√ The applicant demonstrates by clear and convincing evidence that the proposed
rezoning is necessary to come into compliance with the Boulder Valley Comprehensive
Plan map;
The proposed rezoning is, on balance, consistent with the policies and goals of the Boulder
Valley Comprehensive Plan (BVCP), particularly Policy 2.19, Neighborhood Centers, which
supports “evolution of these centers to become mixed-use places” in accordance with area
planning efforts. Rezoning of the site to allow for redevelopment under BC-2 zoning in
accordance with the GCCP also supports Policy 2.09, Neighborhoods as Building Blocks, Policy
2.24, Commitment to a Walkable & Accessible City, and Policy 5.01, Revitalizing Commercial &
Industrial Areas. In addition, the applicant has demonstrated by clear and convincing evidence
that the proposed rezoning is necessary to come into compliance with the BVCP map.
Specifically, as mentioned above, The BVCP Land Use designation for the site is Community
Business, which is described in the BVCP as:
BVCP Policy 2.19, Neighborhood Centers, describes the desired characteristics of areas
designated as Community Business:
“Neighborhood centers often contain the economic, social and cultural opportunities that allow
neighborhoods to thrive and for people to come together. The city will encourage neighborhood
centers to provide pedestrian-friendly and welcoming environments with a mix of land uses. The
city acknowledges and respects the diversity of character and needs of its neighborhood centers
and will pursue area planning efforts to support evolution of these centers to become mixed-use
places and strive to accomplish the guiding principles noted below.”
The existing IG zoning is not consistent with the underlying land use designation of Community-
Business. The proposed BC-2 zone district, defined as “Business areas containing retail centers
serving a number of neighborhoods, where retail-type stores predominate,” would bring the
zoning of the site into compliance with the underlying BVCP land use designation, and as such
staff finds that the applicant has demonstrated by clear and convincing evidence that the
proposed rezoning is necessary to come into compliance with the BVCP land use map. BC-2
zoning is consistent with both the BVCP land use designation of Community Business as well as
the goals for the Gunbarrel Town Center area set forth in the GCCP.
n/a The existing zoning of the land was the result of a clerical error;
Not applicable.
n/a The existing zoning of the land was based on a mistake of fact;
Not applicable.
n/a The existing zoning of the land failed to take into account the constraints on
development created by the natural characteristics of the land, including but not limited to,
steep slopes, floodplain, unstable soils, and inadequate drainage;
Not applicable.
n/a The land or its surrounding environs has changed or is changing to such a degree
that it is in the public interest to encourage a redevelopment of the area or to recognize the
changed character of the area; or
Not applicable.
n/a The proposed rezoning is necessary in order to provide land for a community need
that was not anticipated at the time of adoption of the Boulder Valley Comprehensive Plan.
Not applicable.
Approved By:
Brad Mueller, Secretary to the Planning Board
Attachments:
A: Draft Rezoning Ordinance
B: Applicant’s Written Statement
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ORDINANCE _______
AN ORDINANCE REZONING APPROXIMATELY 1.01 ACRES
OF LAND LOCATED AT 5405 SPINE ROAD AND ADJACENT
RIGHTS-OF-WAY FROM THE INDUSTRIAL - GENERAL (IG)
TO THE BUSINESS - COMMUNITY 2 (BC-2) ZONING
DISTRICT AS DESCRIBED IN CHAPTER 9-5, “MODULAR
ZONE SYSTEM,” B.R.C., 1981, AND SETTING FORTH
RELATED DETAILS.
THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO FINDS:
A.A public hearing before the Planning Board of the City of Boulder was duly held
on ______________________, 2023, in consideration of rezoning approximately 1.01 acres of
land from the Industrial - General (IG) to the Business - Community 2 (BC-2) zoning district, the
land proposed to be rezoned include a parcel of land generally located at 5405 Spine Road, City
of Boulder, County of Boulder, State of Colorado, as more particularly described on Exhibit A
attached to this ordinance (the “5405 Spine Property”), and the adjacent Odell Place right-of-way,
Spine Road right-of-way, and Lookout Road right-of-way, all currently zoned Industrial - General
(I-G), as more particularly shown on Exhibit B attached to this ordinance (“Adjacent Rights-of-
Way”). The 5405 Spine Property and the Adjacent Rights-of-Way are collectively hereafter
referred to as the “Property.”
B.The Planning Board found that the rezoning of the Property from the Industrial -
General (IG) to the Business - Community 2 (BC-2) zoning district is consistent with the policies
and goals of the Boulder Valley Comprehensive Plan; is necessary to bring the Property into
compliance with the Boulder Valley Comprehensive Plan land use map designation of Community
Business; and meets the criteria for rezoning as provided in Chapter 9-2, “Review Processes,”
B.R.C. 1981;
Attachment A - Draft Rezoning Ordinance
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C. The Planning Board recommended that the City Council amend the zoning district
map to include the Property in the Business - Community 2 (BC-2) zoning district as provided in
Chapter 9-5, “Modular Zone System,” B.R.C. 1981;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. Chapter 9-5, “Modular Zone System,” B.R.C. 1981, and the zoning district map
forming a part thereof are amended to include the Property within the Business - Community 2
(BC-2) zoning district.
Section 2. The City Council finds that the rezoning of the Property from Industrial - General
(IG) to Business - Community 2 (BC-2) is consistent with the policies and goals of the Boulder
Valley Comprehensive Plan, is necessary to bring the Property into compliance with the Boulder
Valley Comprehensive Plan map, and meets the criteria for rezoning as provided in Chapter 9-2,
“Review Processes,” B.R.C. 1981. The City Council adopts the recitals as a part of this ordinance.
Section 3. The City Council has jurisdiction and legal authority to rezone the Property.
Section 4. This ordinance is necessary to protect the public health, safety, and welfare of
the residents of the city, and covers matters of local concern. The rezoning of the Property bears
a substantial relation to, and will enhance the general welfare of, the Property and of the residents
of the City of Boulder.
Section 5. The City Council deems it appropriate that this ordinance be published by title
only and orders that copies of this ordinance be made available in the office of the city clerk for
public inspection and acquisition.
Attachment A - Draft Rezoning Ordinance
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INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this ___________ day of ________________, 2023.
Aaron Brockett
Mayor
Attest:
Elesha M. Johnson
City Clerk
READ ON SECOND READING, PASSED, ADOPTED, AND ORDERED PUBLISHED
BY TITLE ONLY this ___ day of ___________, 2023.
Aaron Brockett
Mayor
Attest:
Elesha M. Johnson
City Clerk
Attachment A - Draft Rezoning Ordinance
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EXHIBIT A
LEGAL DESCRIPTION
(5405 Spine Road)
LOT 13, THE GREENS INDUSTRIAL PARK,
CITY OF BOULDER,
COUNTY OF BOULDER,
STATE OF COLORADO.
Attachment A - Draft Rezoning Ordinance
EXHIBIT B: ADJACENT RIGHTS-OF-WAYAttachment A - Draft Rezoning Ordinance
{00627559.DOCX:2}
Written Statement – 5405 Spine Rezoning
We are requesting that 5405 Spine be rezoned from IG to BC-2 in accordance with the Boulder Valley
Comprehensive Plan (the “BVCP”).
The current BVCP Land Use Map (the “Map”) designation for the property is “Community Business.”
However, the current zoning for the property is Industrial General, which is therefore in conflict with the
Map. See City maps below confirming the current land use designation and zoning. Consistent with the
goals and policies of the BVCP, applicant is proposing to rezone the property to BC-2 so that it complies
with the Map.
Consistency with the Goals and Policies of the BVCP.
The proposed rezoning is consistent with the goals and policies of the BVCP because it further
implements the Gunbarrel Community Center Plan (the “Plan”). Since its adoption in 2004 and
subsequent amendment in 2006, the Plan has articulated the community’s vision for the relevant
portion of Gunbarrel.
At the time of adoption of the Plan, the property had an industrial land use designation and was zoned
IG. But as indicated in the Plan (pp. 46-47), the desired land use designation for the property is
Community Business. Consistent with the Plan, the City previously changed the land use designation for
the property from industrial to Community Business.
The next step in implementing the Plan consistent with the BVCP is to adopt the necessary change to a
Business – Community zone district. That is the subject of owner’s application.
The Proposed Rezoning is Necessary for the Property to come into Compliance with the Map.
The proposed rezoning meets the following criterion set forth in Section 9-2-19(e ), B.R.C. 1981:
The applicant demonstrates by clear and convincing evidence that the proposed
rezoning is necessary to come into compliance with the Boulder Valley Comprehensive
Plan map.
As indicated above, and pursuant to the map provided, the current land use designation of the property
is Community Business. That designation supports two zone districts: BC-1 and BC-2. But as indicated
above, and pursuant to the map provided, the property is currently zoned IG. Accordingly: (a) the
zoning of the property is currently in conflict with the Map; and (b) the proposed rezoning of the
property to BC-2 is necessary for the property to come into compliance with the Map.
Attachment B - Applicant's Written Statement
{00627559.DOCX:2}
Diagrams from the emap Links: Current Zoning
Diagrams from the emap Links: Desired Land Use in the BVCP:
Attachment B - Applicant's Written Statement