Attachment B - Planning Board Notice of Disposition

CITY OF BOULDER PLANNING BOARD NOTICE OF DISPOSITION You are hereby advised that on October 7, 2025 the following action was taken by the Planning Board based on the standards and criteria of the Land Use Regulations as set forth in Chapter 9-2, B.R.C.1981, as applied to the proposed development.

LOCATION:

APPROVED WITH CONDITIONS 1840 AND 1844 FOLSOM ST Site and Use Review for the redevelopment of 1840 and 1844 Folsom St. with residential uses. The project includes the demolition of the existing two office buildings and developing 144 dwelling units totaling 124,749 square feet. 1840 and 1844 Folsom St.

LEGAL DESCRIPTION:

See Exhibit A

APPLICANT:

CHRIS JACOBS, ELEMENT PROPERTIES BILL HOLICKY, COBURN PARTNERS

OWNERS:

1840 FOLSOM PROPERTY LLC

DECISION: PROJECT NAME: DESCRIPTION:

1844 FOLSOM PROPERTY LLC APPLICATION:

Site Review, LUR2024-00077 and Use Review, LUR2024-00078

ZONING:

Business - Regional 1 (BR-1)

CASE MANAGER:

Alison Blaine

VESTED PROPERTY RIGHT:

YES; the owner has requested the opportunity to create such right under Section 9-2-20, B.R.C. 1981.

APPROVED MODIFICATIONS FROM THE LAND USE REGULATIONS: • Section 9-7-1, Schedule of Form and Bulk Standards: Height modification for one 55-foot-tall structure, where a maximum of 35 feet in the BR-1 zone is otherwise allowed by-right. • Section 9-7-1, Schedule of Form and Bulk Standards: Modification to the maximum number of stories for a building to allow for 5 stories where the maximum allowed in the BR-1 zone is 3 stories. • Section 9-7-1, Schedule of Form and Bulk Standards: Rear yard setback modification from 20 feet to 7 feet. • Section 9-9-6, Parking Standards: Modifications to the distribution of long-term/short-term bike parking and short-term bike parking location. A modification is granted to allow 85% long-term bike parking and 15% shortterm bike parking where the code requires 75% long-term and 25% short-term. A modification is also granted to locate some of the short-term bike parking more than 50 feet from the building’s main entrance. • Section 9-9-6, Parking Standards: Modification to the percentage of compact vehicle parking spaces from 60% to 83%. This decision may be called up by the City Council on or before November 6, 2025. If no call-up occurs, the decision is deemed final on November 7, 2025. FOR CONDITIONS OF APPROVAL SEE THE FOLLOWING PAGES OF THIS DISPOSITION. FOR A BUILDING PERMIT APPLICATION TO BE PROCESSED 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. Failure to comply with the three year rule or approved phasing may cause this development approval to expire. For a use review without construction requiring a building permit, the use must be established within three years of the date of final approval. At its public hearing on October 7, 2025, the Planning Board approved the request with the following motions: On a motion by K. Nordback and seconded by L. Kaplan, the Planning Board voted 6-0 (J. Boone absent) to approve Site Review application #LUR2024-00077 and Use Review application #LUR2024-00078, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria, and subject to the recommended conditions of approval. On a motion by K. Nordback and seconded by M. McIntyre, the Planning Board voted 6-0 (J. Boone absent) to propose a condition that an additional 20% of the bike parking spaces be wired for charging but not subject to the 10’ x 3’ space requirement. This would be offered above and beyond the required 5%. On a motion by K. Nordback and seconded by L. Kaplan, the Planning Board voted 6-0 (J. Boone absent) that public improvements will be completed prior to Certificate of Occupancy. On a motion by K. Nordback and seconded by M. McIntyre, the Planning Board voted 6-0 (J. Boone absent) that plans will be revised to show a curb cut for the north-side multi-use path at Folsom Street. Site Review Conditions of Approval 1. The Applicant shall ensure that the development shall be in compliance with all plans prepared by the Applicant on September 12, 2025, and the Transportation Demand Management (“TDM”) Plan dated July 30, 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. 2. Prior to a building permit application, the Applicant shall submit, and obtain City Manager approval of, a Technical Document Review application for the following items: a.

Final architectural plans, including material samples and colors, to ensure compliance with the intent of this approval and compatibility with the surrounding area. The architectural intent shown on the plans prepared by the Applicant on September 12, 2025, is acceptable. Planning staff will review plans to assure that the architectural intent is performed.

b.

A final site plan which includes detailed floor plans and section drawings. Said final site plan shall include a curb cut for the north-side multi-use path at Folsom Street. In addition, said final site plan shall include an additional 20% of the bike parking spaces which shall be wired for charging, but not subject to the 10’ x 3’ space size requirement. This would be offered above and beyond the required 5%.

c.

A final utility plan meeting the City of Boulder Design and Construction Standards.

d.

A final storm water report and plan meeting the City of Boulder Design and Construction Standards.

e.

Final transportation plans meeting the City of Boulder Design and Construction Standards for all transportation improvements. These plans must include, but are not limited to: street plan and profile drawings, street cross-sectional drawings, multi-use path design, signage and striping plans in conformance with Manual on Uniform Traffic Control Devices (MUTCD) standards, transportation detail drawings, geotechnical soils report, and pavement analysis.

f.

A detailed landscape plan, including size, quantity, and type of plants existing and proposed; type and quality of non-living landscaping materials; any site grading proposed; and any irrigation system proposed, to ensure compliance with this approval and the City's landscaping requirements. Removal of trees must receive prior approval of the Planning Department. Removal of any tree in City right of way must also receive prior approval of the City Forester.

3.

g.

A detailed outdoor lighting plan showing location, size, and intensity of illumination units, indicating compliance with section 9-9-16, B.R.C.1981.

h.

An address plat following the city’s addressing policy to create a new address.

Prior to a building permit application, the Applicant shall submit for and receive approval of a Land Use Review application for a Preliminary Plat and a Technical Document Review application for a Final Plat, and execute a subdivision agreement meeting the requirements of Chapter 9-12, “Subdivision,” B.R.C. 1981, and which provide, without limitation and at no cost to the City, for the following, unless otherwise approved by the City Manager: a. The elimination of the existing lot and parcel lines. b. The dedication, to the City, of all rights-of-way and easements shown on the approved plans or necessary to serve the development, including a public access easement not less than 12 feet in width for the multi-use path along the northern edge of the property, a public access easement not less than 6 feet in width for the multi-use path along the eastern edge of the property, and public right-of-way dedication of variable width along Folsom Street frontage. c.

The vacation of all easements where vacation is necessary for construction of the development.

d. A financial guarantee, in a form acceptable to the City Manager, in an amount equal to the cost of constructing all public improvements necessary to serve the development. This shall also include half the cost for constructing the eastern 12-foot-wide multi-use path. 4.

Prior to issuance of any 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 cost of providing eco-passes to the residents of the development for three years after the issuance of a certificate of occupancy for each dwelling unit as proposed in the Applicant’s Transportation Demand Management (TDM) plan.

5.

Prior to issuance of a Certificate of Occupancy, the Applicant shall construct and complete at no cost to the City, subject to acceptance by the City, all public improvements necessary to serve the development, including but not limited to Folsom Street roadway improvements, which shall include a widening to accommodate an on-street bike lane, curb and gutter, 8-foot wide streetscape buffer and an 8-foot wide detached sidewalk. Additionally, a leftturn restriction barrier shall be provided which serves the site in conformance with the approved engineering plans and with the City of Boulder Design and Construction Standards.

6.

The Applicant shall be responsible for maintaining all stormwater quality improvements and stormwater detention improvements, including but not limited to permeable parking lot paving. USE REVIEW CONDITIONS

1.

The Applicant shall ensure that the development shall be in compliance with all plans prepared by the Applicant on September 12, 2025, the Transportation Demand Management (“TDM”) Plan dated July 30, 2025, the Applicant’s written statement dated November 27, 2024, 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.

2.

The Applicant shall not expand or modify the approved use except pursuant to subsection 9-2-15(e), B.R.C. 1981.

Approved On: By:

October 7, 2025 Date

Brad Mueller, Secretary of the Planning Board

EXHIBIT A LEGAL DESCRIPTION PARCEL A: THAT PART OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH P.M., COUNTY OF BOULDER, STATE OF COLORADO, DESCRIBED AS FOLLOWS: THE NORTH 1/2 OF THE FOLLOWING TRACT: BEGINNING AT A POINT 30.0 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29; THENCE EAST 352.18 FEET; THENCE NORTH 169.0 FEET; THENCE WEST 352.18 FEET; THENCE SOUTH 169.0 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF BOULDER, STATE OF COLORADO. PARCEL B: A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH P.M., COUNTY OF BOULDER, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29, THENCE NORTH 89°51'50" EAST, 30.00 FEET ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29; THENCE NORTH 0°13′40′′ WEST, 270.00 FEET PARALLEL WITH THE WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29; THENCE NORTH 89°51′50′′ EAST, 285.18 FEET PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29 TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°51′50" EAST, 67.00 FEET PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29; THENCE SOUTH 0°13'40" EAST, 101.00 FEET PARALLEL WITH THE WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29; THENCE SOUTH 89°51′50′′ WEST 67.00 FEET PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29; THENCE NORTH 00°13′40′′ WEST, 101.00 FEET PARALLEL WITH THE WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29 TO THE TRUE POINT OF BEGINNING, COUNTY OF BOULDER, STATE OF COLORADO. PARCEL C: A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH P.M., COUNTY OF BOULDER, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29; THENCE NORTH 89°51'50" EAST, 30.00 FEET ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29; THENCE NORTH 0°13'40" WEST, 169.00 FEET PARALLEL WITH THE WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29 TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 0°13'40" WEST, 101.00 FEET PARALLEL WITH THE WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29; THENCE NORTH 89°51'50" EAST, 352.18 FEET PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29; THENCE SOUTH 0°13'40" EAST, 101.00 FEET PARALLEL WITH THE WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29; THENCE SOUTH 89°51'50" WEST, 352.18 FEET PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29 TO THE TRUE POINT OF BEGINNING, EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29; THENCE NORTH 89°51'50" EAST, 30.00 FEET ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29; THENCE NORTH 0°13'40" WEST, 270.00 FEET PARALLEL WITH THE WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29; THENCE NORTH 89°51'50"EAST, 285.18 FEET PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29 TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°51'50" EAST, 67.00 FEET PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29; THENCE SOUTH 0°13'40" EAST, 101.00 FEET PARALLEL WITH THE WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29; THENCE SOUTH 89°51'50" WEST, 67.00 FEET PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29; THENCE NORTH 0°13'40" WEST, 101.00 FEET PARALLEL WITH THE WEST LINE OF THE N