Attachment B - Planning Board Dispo

Regular Meeting, May 21, 2026 · item 4A: Consideration of a Site Review for the redevelopment of 777 Broadway with new residential uses. The project includes the demolition of an ex… · 4 pages

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CITY OF BOULDER PLANNING BOARD NOTICE OF DISPOSITION You are hereby advised that on April 28, 2026, 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, Boulder Revised Code (“B.R.C.”) 1981, as applied to the proposed development.

LOCATION:

APPROVED WITH CONDITIONS 777 BROADWAY Site Review for the redevelopment of 777 Broadway with new residential uses. The project includes the demolition of an existing residential building for 63 units including one-, two-, three-, and four- bedroom units totaling 81,647 square feet. 777 BROADWAY

LEGAL DESCRIPTION:

See Exhibit A

APPLICANT: OWNER: APPLICATION:

EVAN BOURFF, TABERNACLE ARCHITECTURE HORIZONS INTERNATIONAL Site Review, LUR2025-00014

ZONING:

Residential - High 5 (RH-5)

CASE MANAGER:

Alison Blaine

DECISION: PROJECT NAME: DESCRIPTION:

VESTED PROPERTY RIGHT:

No; the owner has waived 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 RH-5 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 RH-5 zone is 3 stories. • Section 9-7-1, Schedule of Form and Bulk Standards: Front yard setback modification from 25 feet to 18 feet and Side yard setback from an interior lot line to modify three side yard setbacks to 5 feet, 4 feet, and 1 foot 3 inches where 10 feet is the minimum required per code. • Section 9-9-17, Solar Access: Solar Access Exception to allow an encroachment on the adjacent property to the east. This decision may be called up by the City Council on or before May 28, 2026. If no call-up occurs, the decision is deemed final on May 29, 2026. 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 April 28, 2026, the Planning Board approved the request with the following motion: On a motion by C. Hanson Thiem and seconded by M. Roberts, the Planning Board voted 5-0 (M. McIntyre and K. Nordback absent) to approve Site Review application #LUR2025-00014, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria, and subject to the recommended conditions of approval. 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 March 13, 2026, and the Transportation Demand Management (“TDM”) Plan dated February 13, 2026, 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:

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 March 13, 2026, is acceptable. Planning staff will review plans to assure that the architectural intent is performed.

A final site plan that includes detailed floor plans and section drawings.

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

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

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

CDOT access permit meeting the CDOT Access Code Standards for all transportation improvements within the CDOT right-of-way, including the construction of the multi-use path and modification of the existing driveway access onto Broadway (State Highway 93).

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.

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

A detailed shadow analysis to ensure compliance with the City's solar access requirements of Section 9-9-17, B.R.C. 1981.

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, 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 parcel lines between Parcels A, B, and C as described in Fidelity National Title Commitment #100-N0042228-020-CN1, Amendment No. 4 dated February 28, 2025. b. The dedication, to the City, of all rights-of-way and easements shown on the approved plans or necessary to serve the development. 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. e. The construction of all public improvements necessary to serve the development. 4.

At the time of Technical Document review, the Applicant shall demonstrate, to the satisfaction of the City, that all easements required to be dedicated to the City, including, but not limited to, emergency access easements, are free and clear of any conflicts with existing private easements, including, but not limited to, access and parking easements. If such demonstration cannot be made, the Applicant shall be required to either: (a) revise the site plan(s) to eliminate conflicts in accordance with Section 9-2-14, B.R.C 1981; or (b) provide recorded documentation, in a form acceptable to the City, evidencing amendment, relocation, subordination, or extinguishment of the conflicting private easements, sufficient to ensure that the required City easements can be utilized as intended. No final approval shall be granted until all conflicts are resolved to the satisfaction of the City.

Prior to issuance of any building permit, the Applicant shall submit a financial guarantee, in a form acceptable to the City Manager, 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.

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

As part of a building permit application for any new commercial building greater than 30,000 square feet in floor area, the Applicant shall demonstrate that the building will either have a net site energy usage index (EUI) of zero or is designed to achieve a net site EUI that is 10 percent lower than required under the City of Boulder Energy Conservation Code, consistent with Subparagraph 9-2-14(h)(1)(C), B.R.C. 1981. For the purpose of this requirement, “commercial building” shall have the meaning defined in the City of Boulder Energy Conservation Code.

Concurrent with building permit applications, the Applicant shall demonstrate that the project meets the requirements in Section 9-2-14(h)(6)(C)(i), B.R.C. 1981, for a height bonus and remain eligible for the requested and approved height modification as part of this application.

Approved On: By:

April 28, 2026

Date

Brad Mueller, Secretary of the Planning Board

EXHIBIT A LEGAL DESCRIPTION

PARCEL A: A TRACT OF LAND IN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH P.M., COUNTY OF BOULDER, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 31; THENCE NORTH 89 DEG. 52' EAST, 215.00 FEET; THENCE SOUTH O DEG. 08' EAST, 232.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89 DEG. 52' EAST, 304.00 FEET, MORE OR LESS, TO THE WEST LINE OF THE FORMER COLORADO AND SOUTHERN RIGHT OF WAY; THENCE ALONG SAID FORMER COLORADO AND SOUTHERN RIGHT OF WAY, SOUTH 27 DEG. 53' EAST, A DISTANCE OF 158.40 FEET; THENCE SOUTH 89 DEG. 52' WEST, 375.60 FEET; THENCE NORTH O DEG. 08' WEST, 140.00 FEET TO THE TRUE POINT OF BEGINNING. (CONTAINING 47,483.12 SQ. FT. OR 1.090 AC. MORE OR LESS. SEE NOTE 10.) EXCEPT THAT PART OF SUBJECT PROPERTY CONVEYED BY INSTRUMENT RECORDED AUGUST 9, 1958 IN BOOK 1082 AT PAGE 466, AND ANY PART OF SUBJECT PROPERTY LYING NORTHERLY AND EASTERLY OF THE SOUTHERLY AND WESTERLY RIGHT OF WAY LINE OF BROADWAY STREET OF THE CITY OF BOULDER. PARCEL B: A TRACT OF LAND IN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH P.M., COUNTY OF BOULDER, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 31; THENCE SOUTH O DEG. 08' EAST, 75.60 FEET; THENCE SOUTH 53 DEG. 28' EAST, 38.00 FEET; THENCE SOUTH 0 DEG. 08' EAST, 272.00 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN BOOK 742 AT PAGE 573; THENCE ALONG THE WEST LINE OF SAID TRACT DESCRIBED IN BOOK 742 AT PAGE 573, SOUTH O DEG. 08' EAST, 75.00 FEET; THENCE NORTH 89 DEG. 52' EAST, 185.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 75.00 FEET TO THE NORTH LINE OF SAID TRACT DESCRIBED IN BOOK 742 AT PAGE 573; THENCE ALONG SAID NORTH LINE NORTH 89 DEG. 52' EAST, 375.60 FEET, MORE OR LESS, TO THE FORMER COLORADO AND SOUTHERN RIGHT OF WAY; THENCE ALONG SAID COLORADO AND SOUTHERN RIGHT OF WAY; SOUTH 27 DEG. 53' EAST, 84.75 FEET, MORE OR LESS, TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING BEARS SOUTH 89 DEG. 52' WEST; THENCE SOUTH 89 DEG. 52' WEST, 416.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. (CONTAINING 29,656.79 SQ. FT. OR 0.681 AC. MORE OR LESS. SEE NOTE 10.) EXCEPT THAT PART OF SUBJECT PROPERTY CONVEYED BY INSTRUMENT RECORDED AUGUST 9, 1958 IN BOOK 1082 AT PAGE 466, AND ANY PART OF SUBJECT PROPERTY LYING NORTHERLY AND EASTERLY OF THE SOUTHERLY AND WESTERLY RIGHT OF WAY OF BROADWAY STREET OF THE CITY OF BOULDER. PARCELC: A TRACT OF LAND LOCATED IN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH P.M., COUNTY OF BOULDER, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 31; THENCE NORTH 89 DEG. 52' EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH O DEG. 08' EAST, A DISTANCE OF 526.20 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89 DEG. 52' EAST, A DISTANCE OF 227.00 FEET; THENCE NORTH O DEG. 08' WEST, A DISTANCE OF 80.20 FEET; THENCE NORTH 89 DEG. 52' EAST ALONG THE SOUTH LINE AND THE SOUTH LINE EXTENDED OF ABOVE PARCEL B, A DISTANCE OF 183.00 FEET; THENCE SOUTH O DEG. 08' EAST, A DISTANCE OF 110.20 FEET; THENCE SOUTH 89 DEG. 52' WEST, A DISTANCE OF 410.00 FEET; THENCE NORTH O DEG. 08' WEST A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING. (CONTAINING 27,105.63 SQ. FT. OR 0.622AC. MORE OR LESS. SEE NOTE 10.