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4 - Notice of Disposition - KFC/Taco Bell Site Review (LUR2002-00011) located at 3210 Arapahoe~~'J';%~-' ''%. ~,'`~ ~ 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 DEPARTMENT NOTICE OF DISPOSITION You are hereby advised that the following action was taken by the Planning Department based on the standards and criteria of the Land Use Regulations as set torth in Chapter 9-4, B.R.C. 1981, as applied to the proposed development. DECISION: Approved with conditions PROJECT NAME: KFC/TACO BELL DESCRIPTION: SITE REVIEW AND USE REVIEW: Remove an existing KFC restaurant buildfng at 3210 Arepahoe and construct a new KFC/Taco Bell restaurant, with a drive-thru window. The restaurant would have'42 interior seats and 10 exterior seats. Requested variations from the land use regulations: Five parking spaces located within the 90 foot setback from the Arepahoe Avenue centerline; a 7°/, parking reduetion (thirteen parking spaces where 14 spaces are required); variations to the city's landscaping requirements; variation to the city's sigr code (signs on a parapet more than two feet above the roof line). LOCATION: 3210 ARAPAHOE AV • ' COOR: N02W03 LEGAL DESCRIPTION: See attached APPLICANT: HARMAN MANAGEMENT CORPORATION OWNER: MARGIE HENDRICK APPLICATION: Site and Use Revfew Case # LUR2002-00011 ZONING: RB-E (Regional Business-Established) CASE MANAGER: Liz Hanson VESTED PROPERTY RIGHT: NO; the owner has waived the opportunity to create such right under Section 9-4-12, B.R.C. 1981. FOR CONDITIONS OF APPROVAL, SEE THE FOLLOWING PAGES OF THIS DISPOSITION. Approved on: 1/ ~ ~~ ~ --~'/l%/ 7 ey: ~' ~i~ Ic~s~''~~' Peter Pollock, Planning Director This decision may be appealed to the Planning Board by filing an appeal letter with the Planning Department within two weeks of the decision date. If no such appeal is filed, the decision shall be deemed final fourteen days after the date above mentioned. Appeal to Planning Board expires: cJ~ ~~ ~ Z IN ORDER FOR A BUILDING PERMIT APPLICATION TO BE PROCESSED FOR THIS PROJECT, A SIGNED DEVELOPMENT AGREEMENT AND SIGNED MYLAR PLANS MUST 8E 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 DEPARTMENT 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. Failure to "substantially complete" (as defined in Section 9-4-8) the development within three years shaft cause this development approval to expire. CONDITIONS OF APPROVAL The Applicant shall be responsible for ensuring that the development shall be in compliance with all approvec plans dated July 3, 2002 and on file in the City of Boulder Planning Department. Further, the Applicant shall ensure that the drive•thru use is operated in compliance with the approved plans dated July 3, 2002 and the applicant's written statements dated February 22, 2002. 2. The Applicant shall not expand or modify the approved use, except pursuant to Subsection 9-4-9(g), B.R.C. 1981. 3. Prior to a building permit application, the Applicant shall submit a Technical Document Review application fc the following items, and subject to the approval, of the City of Boulder Planning and Development Services Division: a. Final architectural plans, including materials and colors, to insure compliance with the intent of this approval and compatibility with the surrounding area. b. 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 proposec to insure 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. c. A detailed lighting plan showing location, size, and intensity of illumination units, showing compliance with Section 9-3.3-17, B.R.C. 1981. d. Dedicate to the City, at no cost, a 15 foot sidewalk and utility easement adjacent to Arapahoe Avenue Prior to issuance of a building permit, the Applicant shall submit certified design drawings, specifications, details and construction requirements satisfying flood proofing standards as part of a floodplain development permit application and building permit application. Flood proofing of the building shall be effective without requiring human intervention. The flood proofing design shall be incorporated into the building constructio drawings. Prior to requesting a final inspection on any building permit, the Applicant shall: a. Construct a ten foot wide detached sidewalk adjacent to Arapahoe Avenue as shown on the approved site plan dated July 3, 2002, in compliance with the City of Boulder Design and Construction Standards. b. Install, at no cost to the City, a fire hydrant in conformance with the approved plans and with the City of Boulder Design and Construction Standards. Address: 3210 ARAPAHOE AV c. Submit a Floodproofing certificate. Floodproofing measures shall comply with city of Boulder regulations and with the Federal Emergency Management Agency (FEMA) Technical Bulletin 2-93;'Flood-Resistant Materials Requirements, Technical Bulletin 3-93, "Non-residential Floodproofing -- Requirements and Certification," and "Floodproofing Certificate for Non-residential Structures." d. Submit an Elevation Certificate, prepared by a Colorado registered land surveyor, certifying that the structure has been constructed at or above the flood protection elevation. This certification shall be provided on a standard Federal Emergency Management Agency (FEMA) Elevation Certificate. (FEMA Form 81-31) No Certificate of Occupancy will be issued for any structure where this provision has not been satisfied. 6. Prior to requesting a framing Inspection, the applicant shall submit a top of foundation wall survey elevation to the Planning and Development Services Center to verify that the finished floor elevation of the structure will conform with the flood protection elevation requirement. This interim survey shall be prepared by a professional Land Surveyor, registered and licensed in the State of Colorado. The base flood elevation is 5264.3 ft NGVD and the flood protection elevation is 2 feet above the base flood elevation, at 5266.3 ft NGVD. The flood proofing will extend at least 2.75 feet above the finished floor. 7. The Applicant shall install signs in compliance with all requirements of Chapter 10-11, B.R.C. 1981. 8. The Applicant shall convey drainage in an historical manner and which does not adversely affect adjacent properties. Address: 3210 ARAPAHOE AV LEGAL DESCRIPTION KFC/Taco Bell 3210 Arapahoe Avenue Boulder, Colorado A TRACT OF LAND LOCATED WITHIN THE NE ~/a OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6`~ PRINCIPAL MERIDIAN, BOULDER COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE SD~TH PRINCIPAL MERIDIAN; THENCE S 00°04'41" E A DISTANCE OF 50.40 FEET; THENCE N 89°55' 19" E PARALLEL TO THE NORTH LINE OF SAID SECTION 32 A DISTANCE OF 700 FEET TO THE TRUE POINT OF BEGINNING, AND WHICH IS THE NORTHWEST CORNER OF THE TRACT; THENCE N 89°55' 19" E AND PARALLEL TO THE NORTH LINE OF SAID SECTION 32, A DISTANCE OF 128.00 FEET; THENCE S 00°02'25" E AND PARALLEL TO THE WEST LINE OF SAID SECTION 32 A DISTANCE OF 129.60 FEET; THENCE S 89°55' 19"WAND PARALLEL TO THE NORTH LINE OF SAID SECTION 32 FOR A DISTANCE OF 128.00 FEET; THENCE N 00°02'25"WAND PARALLEL TO THE WEST LINE OF SAID SECTION 32 FOR A DISTANCE OF 129.60 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT ALL THE BUII.DINGS, IMPROVEMENTS AND STRUCTURES NOW LOCATED THEREON, AS CONVEYED BY QUTI' CLAIM DEED RECORDED JUNE 12, 1974, ON FILM 856, AT RECEPTION NUMBER 105913.