Attachment A - Planning Board Disposition

CITY OF BOULDER PLANNING BOARD NOTICE OF DISPOSITION You are hereby advised that on October 28, 2025, the following action was taken by the Planning Board based on the standards and criteria of the Land Use Code as set forth in Chapter 9-2, B.R.C.1981, as applied to the proposed development. DECISION: DESCRIPTION:

APPROVED WITH CONDITIONS USE REVIEW for three hotel suites in the existing carriage building and

LOCATION: LEGAL DESCRIPTION:

new 1,367 sq. ft. building, totaling 6,522 sq. ft. 1105 SPRUCE ST See Exhibit A

APPLICANT:

DILLON SCHMIDT, TEBO PROPERTIES ERIN GAMBACORTA, PEH ARCHITECTS

OWNER:

STEPHEN D. TEBO, D/B/A TEBO PROPERTIES LLP

APPLICATION:

Use Review, LUR2025-00032

ZONING:

Downtown - 2 (DT-2)

CASE MANAGER:

Adam Olinger

VESTED PROPERTY RIGHT:

No; the owner has waived the opportunity to create such right under Section 9 20, B.R.C. 1981

APPROVED MODIFICATIONS FROM THE LAND USE REGULATIONS: NONE FOR CONDITIONS OF APPROVAL, SEE THE FOLLOWING PAGES OF THIS DISPOSITION. This decision may be called up by the City Council on or before November 27, 2025. If no call-up occurs, the decision is deemed final on November 28, 2025. FOR A BUILDING PERMIT APPLICATION TO BE ISSUED FOR THIS PROJECT, A SIGNED DEVELOPMENT AGREEMENT AND SIGNED FINAL PLANS MUST BE SUBMITTED TO THE PLANNING DEPARTMENT WITH DISPOSITION CONDITIONS AS APPROVED SHOWN ON THE FINAL PLANS. IF THE DEVELOPMENT AGREEMENT IS NOT SIGNED WITHIN NINETY (90) DAYS OF THE FINAL DECISION DATE, THE APPROVAL AUTOMATICALLY EXPIRES. Pursuant to Section 9-2-12 of the Land Use Code, B.R.C. 1981, the Applicant must obtain applicable building permit approvals and start construction within three years from the date of final approval or in compliance with the phasing plan if one was approved. Failure to comply with the three-year rule or the approved phasing plan may cause this development approval to expire.

At its public hearing on October 28, 2025, the Planning Board approved the request with the following motion: On a motion by M. Roberts and seconded by L. Kaplan, the Planning Board voted 5-0 (J. Boone and K. Nordback absent) to approve Use Review application #LUR2025-00032, 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. CONDITIONS OF APPROVAL

1. The Applicant shall ensure that the development shall be in compliance with all plans prepared by the Applicant on August 7, 2025, and the Transportation Demand Management (“TDM”) Plan dated July 8, 2025, all on file in the City of Boulder Planning Department, except to the extent that the development may be modified by the conditions of this approval. Further, the Applicant shall ensure that the approved use is operated in compliance with the following restrictions: a. The Applicant shall operate the business in accordance with the management plan dated August 6, 2025, which is attached to this Notice of Disposition. b. Size of the approved use shall be limited to 6,522 square feet. 2. The Applicant shall not expand or modify the approved use, except pursuant to Subsection 9-2-15(i), B.R.C. 198. 3. Prior to issuance of a building permit, the property owner shall sign a declaration of use, which conforms with Section 9-15-6, B.R.C. 1981, and includes all of the conditions for continued use, to be recorded in the office of the Boulder County Clerk and Recorder to serve as actual and constructive notice to potential purchasers and tenants of the owner’s property status as a hotel use defined in Section 9-16-1, B.R.C. 1981. 4. Prior to issuance of a building permit, the Applicant shall submit a financial guarantee, in a form acceptable to the Director of Public Works, in an amount equal to the following: the cost of providing eco-passes to the employees of the development for three years after the issuance of a certificate of occupancy as proposed in the Applicant’s TDM plan.

By:_______________________________________________ Brad Mueller, Secretary of the Planning Board

EXHIBIT A LEGAL DESCRIPTION (1105 Spruce Street)

Lot 7, Block 119, Boulder, County of Boulder, State of Colorado