Attachment B - Planning Board Disposition

CITY OF BOULDER PLANNING BOARD NOTICE OF DISPOSITION You are hereby advised that on March 3, 2026, 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: PROJECT NAME: DESCRIPTION: LOCATION: LEGAL DESCRIPTION: APPLICANT: OWNER: APPLICATION: ZONING: CASE MANAGER: VESTED PROPERTY RIGHT:

APPROVED WITH CONDITIONS 1100 28TH Site Review to redevelop the site at 1100 28th Street and 2895 E College Ave into a mixed-use student housing development with 149 units in three buildings. 1100 28TH, 2895 E COLLEGE AVE See Exhibit A ANDREE SAHAKIAN, LV COLLECTIVE 1100 28TH STREET OWNER LLC; ERIC R. RUTHERFORD AND ERIC BLUE SPRUCE 2, LLC; EDWARD P. SANCHEZ; KENNETH M. FALLER AND AUDEEN L. FALLER Site Review, LUR2025-00037 Residential - High 3 (RH-3) Shannon Moeller YES; the Applicant is seeking to create vested rights under Section 9-2-20, B.R.C. 1981.

APPROVED MODIFICATIONS FROM THE LAND USE CODE: • • •

9-7-1, Schedule of Form and Bulk Standards: Height modification for 55-foot-tall structures where a maximum of 40-feet is otherwise permitted. 9-7-1, Schedule of Form and Bulk Standards: Building stories modification to permit five-story buildings where three stories are otherwise permitted. 9-7-1, Schedule of Form and Bulk Standards: Setback modification to permit a 4-foot north front yard setback from a portion of building A where a minimum of 10-feet is otherwise required.

FOR CONDITIONS OF APPROVAL, SEE THE FOLLOWING PAGES OF THIS DISPOSITION. This decision may be called up by the City Council on or before April 2, 2026. If no call-up occurs, the decision is deemed final on April 3, 2026. 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 or in compliance with the phasing plan if one was approved. Failure to comply with the three-year rule or approved phasing plan may cause this development approval to expire. At its public hearing on March 3, 2026, the Planning Board approved the request with the following motion:

M. Roberts made a motion seconded by C. Hanson Thiem to approve Site Review application under #LUR2025-00037, 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, and as amended. Planning Board voted 7-0. Motion passed. L. Kaplan made a motion to amend seconded by ml Robles to include the condition that the applicant will include 1) wayfinding signage for the public pedestrian paseo, 2) cargo bike parking, and 3) accessible on-street parking for the commercial uses, if feasible, to the satisfaction of staff at the time of Tec Doc. Planning Board voted 7-0. Motion passed. Ml Robles made a motion to amend seconded by M. McIntyre to include the condition that applicant and staff will work together to re-examine whether it is possible to preserve any of the healthy, mature trees along College Avenue to the satisfaction of staff at the time of Tec Doc. Planning Board voted 6-1 (C. Hanson Thiem dissenting). Motion passed. CONDITIONS OF APPROVAL 1.

The Applicant shall ensure that the development shall be in compliance with all plans prepared by the Applicant on December 22, 2025, the Written Statement dated December 22, 2025, and the Transportation Demand Management (“TDM”) Plan dated November 11, 2025, and the Parking Management Plan included on Sheet A.060 in the Architectural Plans dated December 22, 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 December 22, 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. The plan will include: 1) wayfinding signage for the public pedestrian paseo, 2) cargo bike parking, and 3) accessible on-street parking for the commercial uses, if feasible, to the satisfaction of staff.

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 and Colorado Department of Transportation (CDOT) Access Code Standards for all transportation improvements. These plans must include, but are not limited to: street cross sectional drawings every 25-feet for the modification of 28th St. Frontage Rd. and E College Ave.; signage and striping plans in conformance with the Manual on Uniform Traffic Control Devices (MUTCD) standards; transportation detail drawings that must include a detail drawing of the 28th St. Frontage Rd. RTD transit stop boarding area; geotechnical soils report and pavement analysis. Grading plans shall adequately detail all detached sidewalks, bike paths and curb extensions to verify positive drainage.

f.

CDOT access permit meeting the CDOT Access Code Standards for all transportation improvements within the CDOT right-of-way, including the proposed improvements within the 28th St. Frontage Road and removal of the existing driveway access.

g.

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 Physical Address 1101 Arapahoe Ave Boulder, CO 80302

Mailing Address PO Box 791 Boulder, CO 80306-0791

BoulderPlanDevelop.net P: 303-441-1880 F: 303-441-4241

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.

h.

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

i.

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

j.

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 parcel line between Lot 1, Block 1, Colorado Place Subdivision, County of Boulder, State of Colorado and Lot 3, Leach Babcock Subdivision, County of Boulder, State of Colorado.

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.

Prior to approval of a Technical Document application, the Applicant shall submit a Land Use Review application for, and obtain City Council approval of, an ordinance to vacate the existing approximately 1,030 square-foot triangular area of right-of-way in Colorado Avenue adjacent to the property, unless an equivalent arrangement is approved by the City Manager that meets the requirements of the Boulder Revised Code.

5.

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 cost of providing eco-passes to the residents and employees of the development for three years after the issuance of a certificate of occupancy for each dwelling unit as proposed in the Applicant’s TDM plan.

6.

Prior to issuance of a building permit, the applicant shall submit, and obtain City Manager approval of, a Right-ofWay permit application for the three streetlights, as shown on the Approved Site Plans, in accordance with the requirements of Section 2.12 of the City of Boulder Design and Construction Standards.

7.

The Applicant shall be responsible for maintaining all stormwater quality improvements and stormwater detention improvements.

8.

Prior to issuance of a building permit for buildings A, B, and C, 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% lower than required under the City of Boulder Energy Conservation Code, consistent with Subparagraph 9-2-14(h)(1)(C), B.R.C. 1981.

9.

At the time of Technical Document Review, the Applicant will re-examine whether it is possible to preserve any of the healthy, mature trees along College Avenue to the satisfaction of staff.

Physical Address 1101 Arapahoe Ave Boulder, CO 80302

Mailing Address PO Box 791 Boulder, CO 80306-0791

BoulderPlanDevelop.net P: 303-441-1880 F: 303-441-4241

By:

_________________________________________________ Brad Mueller, Secretary of the Planning Board

Physical Address 1101 Arapahoe Ave Boulder, CO 80302

Mailing Address PO Box 791 Boulder, CO 80306-0791

BoulderPlanDevelop.net P: 303-441-1880 F: 303-441-4241

EXHIBIT A LEGAL DESCRIPTION Lot 1, Block 1, Colorado Place Subdivision, County of Boulder, State of Colorado. and Lot 3, Leach Babcock Subdivision, County of Boulder, State of Colorado.

Physical Address 1101 Arapahoe Ave Boulder, CO 80302

Mailing Address PO Box 791 Boulder, CO 80306-0791

BoulderPlanDevelop.net P: 303-441-1880 F: 303-441-4241