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4 - Disposition, Use Review # UR-2000-2, 1617 PearlNOTICE OF DISPOSITION You are hereby advised that the following action was taken by the Planning Department based on the purposes and intent of the Land Use Regulations as set forth in Chapter 9-4, B.R.C. 1981, as applied to the proposed development: 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 APPROVAL AUTOMATICALLY EXPIRES. NAME OF PROJECT: 1617 Pearl DESCRIPTION: Use Review for a restaurant over 1500 square feet within an RB2-X zone. Proposed restaurant will be approxunately 4500 square feet. LEGAL: The East 42' of lot 9, Block 92, Boulder, County of Boulder, State of Colorado. LOCATION: 1617 Pearl COOR: N3 W6 APPLICANT: Nelson Kugel OWNERS: J Nold Midyette TYPE AND NUMBER: Use Review UR-2000-2 ZONING: RB2-X CASE MANAGER: Brent Bean DECISION: Approval, with conditions VESTED PROPERTY RIGHT: NO; the owner has waived the opportunity to create such right under Section 9-4-15, B.R.C. 1981 FOR CONDITIONS OF APPROVAL, SEE THE BACK OF THIS DISPOSITION. Approved on: Apri17, 2000 By: ~ ~ Peter Pollock, Director Planning Department This decision may be appealed to the Planning Board by filing an appeal letter with the Planning Department within two weeks of the date of approval. If no such appeal is filed, the decision shall be deemed final fourteen days after the date above mentioned. Appeal to Planning Board expires: Apri121, 2000 Pursuant to Section 9-4-8 of the Land Use Regulations (Boulder Revised Code, 1981), this approval shall expire three years after the final approval date unless development has proceeded as specified in Section 9-4-8. CONDITIONS OF APPROVAL 1. The Applicant shall be responsible for ensuring that the development shall be in compliance with all approved plans dated February 22, 2000 and on file in the City of Boulder Planning Department. Further, the Applicant shall ensure that the Use Review use is operated in compliance with the following restrictions: a. Location and size of the restaurant is limited to 4500 square feet. b. Normal hours of operation shall be between 11 a.m. and 10:30 p.m. c. Trash and bottles shall not be removed to outside storage (trash) containers between the hours of 10:00 pm and 7:00 am. d. All lighting shall be directed internally towazd the site. Lighting fixtures shall screen lighting sources to all off site areas. e. Outdoor eating azeas shall have no out door speakers facing towazd a residential area or placed on a second or higher floor. 2. Outdoor eating azeas within the Public right-of--way are not approved by this plan. A separate revokable permit must be submitted for review and consideration of the outdoor eating area within the Public right of way. The Applicant shall not expand or modify the approved use, except pursuant to Subsection 9-4-9(g), B.R.C. 1981 4. Final azchitecture shall be reviewed and approved by the Downtown Design and Advisory Boazd (DDAB), before applying for a building permit. PDD ~'~3-00 Track #8 DRC Meeting: 3/9/00 CITY OF BOULDER DEVELOPMENT REVIEW RESULTS AND COMMENTS DATE OF COMMENTS: CASE MANAGER: PROJECT NAME: LOCATION: COORDINATES: REQUEST TYPE March 10, 2000 Brent Bean 1617 Pearl Street 1617 Pearl Street N3W6 AND NUMBER: Use Review, UR-2000-2 APPLICANT: Nelson Kugel DESCRIPTION: Restaurant over 1500 square feet within an RB2-X zone. Proposal is to relocate the Gondolier restaurant to this location. Outdoor eating area requires a separate review. REQUESTED VARIATIONS FROM THE LAND USE REGULATIONS: None I. REVIEW FINDINGS Before this request can receive final approval, a good neighbor meeting is required to be held with neighbors and the applicant consistent with the requirements of section 9-3.4-19. The Whittier Neighborhood can be contacted through Vicki Nabor, (303) 4427594, or Crystal Gray, (303) 449-9680. The applicant is responsible for completing this requirement. A notice of the meeting is required to be published at least 10 days prior to the meeting. If the applicant provides the list of property owners within 600 feet of this project to the Planning Department 15 days before the meeting, the Planning Department will mail the notice to effected properties. The following conditions will apply to this request: 1. Hours of operation that will be supported for this request are 11:00 am to 10:00 pm Sunday through Saturday. 2. Trash and bottles shall not be removed to outside storage (trash) containers between the hours of 10:00 pm and 7:00 am. 3. Outdoor eating areas shall have no out door speakers facing toward a residential area or placed on a second or higher floor. 4. All lighting shall be directed internally toward the site. Lighting fixtures shall screen lighting sources to all off site areas. 5. Outdoor eating areas within the Public right-of-way are not approved by this plan. A separate revokable permit must be submitted for review and consideration of the outdoor eating area drawn on the plans provided for this request. Final disposition will not be completed for this request until after the good neighbor meet has been held. Additional conditions for approval may be considered as a result of this meeting. Note, that the "Notice of Disposition" for a staff approval has a 15 day call-up to Planning Board. If the request is not called-up, it will stand as approved subject to the conditions of approval. Before a building permit can be accepted for an approved Use Review, a "Development Agreement" must be completed, signed and recorded (minimum of 2 weeks to complete). II. CITY REQUIREMENTS Building Design: Use of the public right-of-way for an out door eating area requires a separate review for a revokable permit. The area within the right-of-way represented on this does not meet code requirements. A minimum walk way area of seven feet between trees, lighting poles and other uses within the ROW must be maintained. The architectural elements for the parapet proposed for this building does not appear to be consistent with current regulations. The parapet can not be any higher than is necessary to screen roof top mechanical. The parapet appears to be more architectural than functional screen due to the varying height and material use. A parapet of this nature cannot exceed the 35' height limit. Fire Protection Prior to final inspection, applicant must install automatic fire sprinkler protection in new Group A occupancy, as will also be required for all new construction at this location. Adrian Hise, Fire Department, 303-441-3350. Legal Documents Please provide a copy of a current title commitment or attorney's memorandum on the subject property by the time of preparation of the development agreement. Also, please provide authorization of the person signing on all documents required by this application. Missy Rickson, City Attorney's Office, 303-441- 3020. III. INFORMATIONAL COMMENTS Building and Housing Codes Must meet all requirements of the building codes in effect at time of permit application. Steve Brown, Inspection Services, 303-441-3172. Fire Protection It is my understanding that, by prior agreement between involved property owners, the fire protection water supply serving 1617 Pearl Street also serves the automatic fire sprinkler system at 1615 Pearl Street (Recycled Audio). Provisions must be made so that the fire protection water supply to 1615 Pearl Street is not eliminated or negatively impacted as a result of this project, unless alternate arrangements, acceptable to the Fire Dept. are made and implemented. Adrian Hise, Fire Department, 303-441-3350. Utilities No requirements for the use review. However, the applicant is advised that at the time of building permit application the following requirements will apply. a. The applicant is required to provide an accurate existing and proposed plumbing fixture count to determine if the existing meter and service are adequate for the proposed use. b. Water and sanitary sewer Plant Investment Fees and service line sizing will be re-evaluated. c. If the existing water and/or sanitary sewer service is required to be abandoned and up sized, all new service taps to existing mains shall be made by city crews at the developer's expense. The water service must be excavated and turned off at the corporation stop, per city standards. The sewer service must be excavated and capped at the property line, per city standards. If the Boulder Fire Department requires that this building be provided with a sprinkler system, approved fire line plans must accompany the fire sprinkler service line connection permit application. Bruce Johnson, 441-3240. BB1617P.DRC FAX MARCH 10, 2000 TO: PETER POLLOCK, PLANNING DIRECTOR PLANNING BOARD FROM: WHITTIER NEIGHBORHOOD ASSOCIATION BY CO CHAIRS: CRYSTAL GRAY & VICKI NABER 303-449-9680 AND 303-447-3280 RE: 1617 PEARL-RESTAURANT OVER 1500 SQ. FT. GONDOLIER RESTAURANT Please note: The neighborhood association has requested that they receive plans for projects adjacent to the neighborhood or that would have an impact on the neighborhood. We never received information on this project and just noticed the posted notice yesterday on March 9, 2000. The Whittier Neighborhood Association requests that the following conditions be put on this restaurant use over 1500 sq. ft: Restaurant bar area, indoor and outdoor, seats the last customer at 10 p.m. and has the last drink call at 10:30 p.m. with the exception of drinks with dinner. Out door area has baffled lighting that does not shine from second,or higher, story if that is where outdoor area is located. No outdoor speakers if on second floor or higher. Dumping of bottles in alley dumpster occur no later than 10 p.m. These conditions aze consistent with the other comments and conditions that the Whittier Neighborhood has requested, and received, over-the yeazs. Cafe Gondolier 2845 28th St. Boulder, CO. 80302 30343-5015 The oldest family run restaurant in Boulder, the Cafb Gondolier has been in business for over forty years. We have a reputation for consistently good, friendly service and affordable food and wine. In continuing the tradition, 1617 Pearl is an ideal location for us and will provide the city.of Boulder with a thriving, locally owned business. Our well-established menu and service have drawn many loyal customers over the years. We provide quality homemade Italian food at a reasonable price. We have no inteirtions of becoming a bar with restaurant food. Oar business hours will be 11:OOam to 10:00pm Monday through Friday, 4:OOpn to 10:00pm Saturday and Sunday. We will provide an alternative dinning experience to the highex priced, trendy bars and eateries, which occupy the downtown mall area. The Cafes Gondolier offers something unique to East Side of the mall and we believe that we will draw business from that area. Cafb Gondolier has always been a neighborhood restaurant and we believe it will attract a large amount of walk in business. The Cafe Gondolier will have minimal negative impact on the downtown area and surrounding neighborhood. The restauuam is not loud nor does it gate ~ volumes of noise or air pollution. All of our operation will be contained within the new building with the exception of trash and recycling. Though this space may seem large for a restaiuant, we 4500 square feet in order to offer a comfortable, sit down dinning experience. We believe this is important because a smaller space would require us to turn customers over at a higher nrte, more lilac a fast food restaurant. This is not what we wish to do. We wad to continue the quality of service people have Dome to expect.ln the forty years the Cafe Gondolier has been in Boulder we have become an efficient operation with a loyal following of automers. Finally, the Cafe Gondolier is advantageous because it stimulates the local economy. We have donated to food share programs, schools and many other events and prognuns that have Dome our way over the past forty years. We buy many of our prodtuxs locally and have alliances with other local businesses. We believe that the CafE Gondolier would be a positive influence to the East Pearl Street area. ALLEY NEW BUILDAYs SKYLIGHT ABOVE ----' ~~~~- ---;I a ,, ~ ~, u i ' n '-° I , I II I I ~I I ~ II I! II II I I II II I I II II I I II II I I II II. ~"'l II II~~ ~~II ~' _ = __ _-..9 C~ICE STAURAN STAIR 7 ~~ ~ ~ 1,180 SF C~kE LOBB SUITE 101 PATIO ENR1Y A ~ ~ RE5TAUR T ENiRT ELEvA ... ~ . _.. .~...1 ... _. _. LNE '" "• - ; SPACE SPacE !I iusF 10 5F ` _ .. _ ~~ ~ I .... ~ ~ ~ I~~TDOORDMrtrG dr~A ~ _ ~ 1 .._.._ ~ _.._ _.,. ! ~ ~ I ~ )~0 _ ~ ~~. ~ .I_ _'. _ I ~ E~tISTDIG ~EWaLK ~ I ~ i i ~ i I I I ~ ~ ~ A f 61~ ! l i~'~~1 I I ~ I a ,I ~~ , ! _ . ~I . . ~J I i~ I 1^ ~ I ~ ' ~ .I. 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