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4 - Call Up Item, Use Review #LUR2001-00059, 1601 Pearl Street, LLCMEMORANDUM TO: Mayor Toor and Members of City Council FROM: Ron Secrist, City Manager Peter Pollock, Planning Director Liz Hanson, Planner DATE: May 9, 2002 SUBJECT: Call Up Item: Use Review #LUR2001-00059, 1601 Pearl Street LLC. Attached is the Notice ofDisposition for the Use Review #LUR2001-00059,1601 Pearl Street LLC. This item went before the Planning Board on May 2, 2002. It was approved by the Planning Board with a vote of 6-0; J. Spitzer recused. This decision may be called up before the City Council on or before June 1, 2002. There is one scheduled City Council meeting during the 30-day call-up period: May 21, 2002. i a~~= ' ~ CITY OF BOULDER Planning and Development Services 1739 Broadway, Third Floor • P.O. Box 791, Boulder, CO 80306-0791 phone 303-441-1880 fax 303-441-3241 • web boulderplandevelop.net CITY OF BOULDER PLANNING BOARD NOTICE OF DISPOSITION You are hereby advised that on May 2, 2002 the following action was taken by the Planning Board based on the standards and criteria of the Land Use Regulations as set forth in Ghapter 9-4, B.R.C. 1981, as applied to the proposed development. DECISION: PROJECT NAME: DESCRIPTION: LOCATION: COOR: LEGAL DESCRIPTION: APPLICANT: OWNER: APPLICATION: ZONING: CASE MANAGER: Approved with conditions 1601 PEARL STREET LLC USE REVIEW: For a restaurant over 1500 square feet in a new building at the northeast corner of 16th and Pearl Streets, The restaurant would be 4,000 square feet in size with a basement storage area of 1,300 square feet. The restaurant would have a maximum of 135 interior seats and a maximum of 45 exterior seats. 1601 PEARL ST N03W06 Lot 7, Block 92, Boulder Original Town, County of Boulder, Colorado JEFF KOZAK 1601 Pearl Street LLC Use Review, Case # LUR2001-00069 R62-X (Regional Business Two-Redeveloping) Llz Hanson This decision may be called up before the City Council on or before June 1, 2002. If no call-up occurs, the decision is deemed final thirty days after the Planning Board's decision. FOR CONDITIONS OF APPROVAL, SEE THE FOLLOWING PAGES OF THIS DISPOSITION. IN ORDER FOR A BUILDING PERMIT APPLICATION TO BE PROCESSED FOR THIS PROJECT, A SIGNED DEVELOPMENT AGREEMENT AND SIGNED MYLAR PLANS MUST BE SUBMITTED TO THE PLANNING DEPARTMENT WITH DISPOSITION CONDITIONS AS APPROVED SHOWN ON THE MYLAR PLANS, IF THE DEVELOPMENT AGREEMENT IS NOT SIGNED WITHIN SIXTY (60) DAYS OF THE FINAL DECISION DATE, THE PLANNING BOARD APPROVAL AUTOMATICALLY EXPIRES. Pursuant to Section 9-4-8 of the Land Use Regulations (Boulder Revised Code, 1981), the applicant must begin and substantially complete the approved development within three years from the date of final approval. Failure to "substantially complete" (as defined in Section 9-4-8) the development within three years shall cause this development approval to expire. Address: 1601 PEARL ST At its public hearing on May 2, 2002 the Planning Board approved the request, subject to the conditions listed below, with the following motion: On a motion by B. Pommer, seconded by A. O'Hashi, the Planning Board approved (5-0; J. Spitzer recused) Use Review#LUR2001-00059, incorporating the staff memoranda dated May 2, 2002 (preparation date April 25, 2002) and April 4, 2002, with the attached Use Review Criteria Checklist as findings of fact, and using the recommended conditions of approval with an amendment to Condition 2 to read "Prior to issuance of a building permit, the Applicant shall submit a final floor plan which meets the size and seating limitations described in Condition No. 1 and does not include any bar-style seating areas, subject to the review and approval of the Planning Director." CONDITIONS OF APPROVAL The Applicant shall be responsible for ensuring that the development shall be in compliance with all approved plans dated October 8, 2001 and written statements dated October 17, 2001, November 30, 2001, and April 25, 2002, including the April 25, 2002 Good Neighbor Plan, on file in the city of Boulder Planning Department and subsequent approvals required by this approval. Further, the Applicant shall ensure that the restaurant is operated in compliance with the following restrictions: a. Size of the restaurant shall be limited to 4,000 square feet, with a basement storage area of 1,300 square feet. The seating area in the restaurant, exclusive of the food display area, shall not exceed 2,500 square feet with a maximum of 135 interior seats. There shall be a maximum of 45 exterior seats. b. Normal hours of operation shall be 10:30 a.m. to 10:00 p.m. Sunday through Thursday, and 10:30 a.m. to 11:00 p.m. Friday and Saturday; c. The restaurant floor plan shall include kitchen and food preparation areas, food display areas, seating areas, and ancillary service areas, including, but not limited to, restrooms, stairs, and elevator, as shown on the approved floor plans dated October 8, 2001. d. Live music performances shall not be permitted. e. Trash and bottles shall not be removed to outside trash containers between the hours of 10:00 p.m. and 7:00 a.m.; f. Outdoor eating areas shall have no outdoor speakers. 2. Prior to issuance of a building permit, the Applicant shall submit a final floor plan which meets the size and seating limitations described in Condition No. 1 and does not include any bar-style seating areas, subject to the review and approval of the Planning Director. 3. The Applicant shall not expand or modify the approved restaurant use or the approved floor plan, including outdoor seating areas, except pursuant to Subsection 9-4-9(g), B.R.C. 1981. 4. This approval is limited to Jeff Kozak, the owner of the proposed restaurant and deli named "Vetta." Any changes in ownership shall be subject to the review and approval of the Planning Director. The purpose of such review shalt be to inform such subsequent user of this space that it will be required to operate the restaurant in compliance with the terms of this approval. 5. The outdoor seating areas, as shown on the approved plans, that project into the public right-of- way must be approved as a revocable right-of-way permit pursuant to Section 8-8-8, B.R.C. 1981. This use review approval shall not be construed as an approval of such encroachment. 6. Prior to requesting a final inspection, the Applicant shall provide and implement a plan, subject to the review and approval of the Director of Public Works, that encourages restaurant employees to use alternate modes of transportation from single occupant vehicle use; encourages employee use of off-street parking areas in commercial zoning districts or parking spaces managed by the Central Area General Improvement District; and discourages employees from parking on the on-. street parking spaces within the surrounding residential neighborhood. Address. 1601 PEARL ST Approved By: ~~ ~~~~G~~~~ Peter Pollock, Director Planning Department Address: 1601 PEARL ST ~'~,.~.~~ 2 - E ~~%' ~ t ~ RB1-E M p~ R Rt~~ ~~ .~ W 1 _.. ,; :. .-~,..~ P-E -E G Location: 1601 Pearl Sf Review Type: Use Review ~ ~~' Project Name: 1601 Pearl St Restaurant 1:3600 MapL~nk cn„weoww.as a..-.,, .. ~.. ~. ~.. a ..,. Review Number: LUR2001-00059 N ~"°`""'"'°°°"°"~""" ~~,°.-..~....MM... mpO_etl-~1~YIM •bi"~Y~ Applicant: Jeff Kozak ; '--°"""" M°'_` SUBJECT PROPERTY 1 6D 1 PEARL ST ~ Z B - r \ Y. a ,~*,°'" ~~~ t gT ~ ~ P~r,1J f - ~ RB7-X ~~ C ~~~ i