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5A - Public hearing and consideration of a referral for Use Review (LUR2006-00078) Cafe Gondolier toCITY OF BOULDER PLANNING BOARD AGENDA ITEM MEETING DATE: March 1, 2007 Agenda Item Preparation Date: February 16, 2007 AGENDA TITLE: Public hearing and consideration of a referral for Use Review #LUR2006-00078, Cafe Gondolier, zoned Downtown-Two (DT-2), to pernut a 4,144 squaze foot, 139 seat restaurant, to include 20 outdoor seats in [he first floor of [he building located at 1617 Peazl Street. Proposed hours of operation are 11:00 A.M. to 11:00 P.M. daily. Applicant 1 Owner: I3elson Kugel REQUESTII~G DEPARTMENT: Ruth McHeyser, Acting Planning Director Robert Ray, Land Use Review Manager Chazles Ferro, Planner OBJECTIVE: Define the steps for Planning Boazd consideration of this request: 1). Hear applicant and staff presentations 2). Hold Public Hearing 3). Planning Board discussion -Is the request consistent with the required Use Review criteria? -Is use of the adjacent alley for loading and deliveries compatible with the surrounding area and the City's codes and policies related to alleys? 4). Planning Board takes action to approve, approve with conditions or deny. STATISTICS: Proposal: Project Name: Location: Size of Tract: Zoning: Comprehensive Plan Use Review to operate a 4,149 squaze foot, 139 seat restaurant, including 20 outdoor seats. Cafe Gondolier 1617 Pearl Street 6,975 Square Feet (.16 Acres) Downtown-Two (DT-2) Regional Business (RB) S:~PLANWB-ITEMS~MEMOS~CF.1617 Pead Gondoliecdoc AGENDA ITEM # SA Paee 1 Project Description: The applicant proposes to move From their current location at 1738 Pearl Street to 1617 Peazl Street. The proposed restaurant space is approximately 4,149 square feet and is intended to accommodate approximately 139 seats including 20 outdoor seats (refer to Attachment A). Proposed hours of operation are 11:00 A.M. to 11:00 P.M. daily. KEY ISSUES: 1. Is the request consistent with the required Use Review criteria? 2. Is use of the adjacent alley for loading and deliveries compatible with the surrounding area and the City's codes and policies related to alleys? Background: The Cafe Gondolier restaurant has been operating in various locations in Boulder since 1960. Most recently, the Cafe Gondolier has been operating successfully in the Whittier neighborhood since 2001 at 1738 Pearl Street, also zoned DT-2. The applicant proposes to relocate from the current location at 1738 Peazl Street to 1617 Pearl Street. Per Section 9-6-1(d), BRC, 1981, restaurants over 1,500 squaze feet within the DT-2 zoning district require Use Review. Since the proposed location is 4,149 square feet in azea, the applicant submitted an application for Use Review in October, 2006. Due to neighborhood concern related to the subject application (refer to the "Public Comment and Process" section below for a detailed description of neighborhood concems), staff has not issued a disposition for approval or denial and has referred the matter to Planning Boazd for discussion and decision per Section 9-2-7(a)(3), BRC, 1981. Existing Site / Context: The subject building at 1617 Pearl Street was recenUy constructed in 2005 and is currently unoccupied. The property has three parking spaces in the rear of the building, one of which will be used for delivery orders. The upper floor will be occupied with office space, with restaurant space proposed on the lower floor. The 1600 block of east Peazl Street is a thriving local restaurant and retail area proximate to downtown Boulder and consists of two and three story mixed use buildings along the north and south sides of Peazl Street. The Whittier neighborhood exists directly to the north of the site. Residential properties to the north aze separated by a shared alley that has historically been used as access to the parking azeas of the residential properties on the north side of the alley as well as parking and delivery areas for the commercial business along the 1600 block of east Pearl Street. Other restaurants and retailers along east Pearl Street operate with similar hours and receive deliveries from the alley. The south side of the alley has "loading zone only, tow away zone" signage posted. Pazking is not required for the proposed use as the subject location is within the Central Area General Improvement District (CAGID) and is provided for through various garages and metered on-street parking spaces in the downtown area. S:~PLAN~PBdTEMS~MEMOSICF.1617 Pearl Gondolier.doc AGENDA ITEM # SA Paee 2 ANALYSIS: L Is the request consistent with the required Use Review criteria? The proposed use has been evaluated against Section 9-12-15(e) Use Review criteria as follows: (~ indicates criteria is satis/'ied) ~(1) Consistency with Zoning and Non-Confornrity: The use is consistent with the purpose of the zoning district as set forth in Section 9-5, "Zoning Districts Established," B.R.C. 1981, except in the case of a non-confornung use; The DT-2 zoning district is intended for business areas providing a mid-level transition area between the higher intensity downtown commercial area and surrounding neighborhood commercial streets and lower intensity residential areas. The Cafe Gondolier has operated successfully in the DT-2 zoning district at its current location since 2001. The hours of operation, size, and operational characteristics of the proposed restaurant would provide a compatible transition between the commercial downtown area and the adjacent Whittier neighborhood provided that the other use review criteria related to impacts and compatibility are met. ~ (2) Rationale: The use either: ~(A) Provides direct service or convenience to or reduces adverse impacts to the surrounding uses or neighborhood; The Cafe Gondolier has provided a service to the Whittier neighborhood and has operated successfully in the DT-2 zoning district at its current location since 2001. The Cafe Gondolier would continue to provide additional neighborhood dining opportunities in the proposed location. 1~ (B) Provides a compatible transition between higher intensity and lower intensity uses; The proposed restaurant would operate at a neighborhood scale and provide a compatible transition between higher intensity retail, restaurant, and structured parking uses on the south side of Pearl and the Whittier neighborhood, located across the alley to the north of the project. A compatible transition is ensured by restricting potential impacts through the management plan. The proposed operational characteristics outlined in the applicant's management plan (refer to attachment B) will help mitigate any potential impacts created by the proposed use and provide a low impact, compatible transition between uses. (C) Is necessazy to foster a specific city policy, as expressed in the Boulder Valley Comprehensive Plan, including, without limitation, S:~PLAN~PB-ITEMS~MEMOS~CF.1617 Pearl Gondolier.doc AGENDA ITEM # SA Paee 3 historic preservation, moderate income housing, residential and non- residential mixed uses in appropriate locations, and group living arrangements for special populations; or Not appticable. (D) Is an existing legal non-confornung use or a change thereto that is permitted under subsection (e) of this section; Not applicable. ~ 3) Compatibility: The location, size, design, and operating characteristics of the proposed development or change to an existing development aze such that the use will be reasonably compatible with and have minimal negative impact on the use of nearby propeRies or for residential uses in industrial zoning districts, the proposed development reasonably mitigates the potential negative impacts from nearby properties; Staff Gnds the proposed location, size, design, and operational characteristics of the proposed restaurant to be generally compatible with the nearby properties, with minimal impact. Hours of operation are reasonable for a restaurant adjacent to a neighborhood and are similar to the hours of operation of other adjacent restaurants in the district. Further the proposed restaurant will not create a disproportionate amount of traffic in the adjacent alley. Based on staff and neighborhood feedback, the applicant has sufficiently adjusted the proposed management plan (refer to attachment B) to address potential noise impact issues such as delivery times, outdoor music, exhaust fans, trash pick-up, security, employee education, and neighborhood outreach. ~(4) Infrastructure: As compared to development pernutted under Secdon 9-6-1, "Schedule of Pernvtted Uses of Land," B.R.C. 1981, in the zone, or as compazed to the existing level of impact of a non-confornling use, the proposed development will not significanfly adversely affect the infrastructure of the surrounding area, including, without limitation, water, wastewater, and storm drainage utilities and streets; Sufficient infrastructure exists to serve the proposed restaurant use. ~(5) Character of Area: The use will not change the predominant character of the surrounding azea; and East Pearl Street is characterized by a number of neighborhood restaurants, retail stores, and mixed use buildings. The proposed restaurant use will not change the predominant character of this portion of Pearl Street. The proposed operating characteristics are compatible with the character and eausting business patterns of the adjacent neighborhood. S:~PLAN~PB-ITEMS~MEMOS~CF.1617 Pearl GondoGer.dce AGENDA ITEM # SA Paee 4 (6) Conversion of Dwellina Units to Non-Residential Uses: There shall be a presumption against approving the conversion of dwelling units in, the residential zoning districts set forth in Subsection 9-6-1, B.R.C. 1981, to non-residential uses that are allowed pursuant to a use review, or through the change of one non-conforming use to another non-conforming use. The presumption against such a conversion may be overcome by a finding that the use to be approved serves another compelling social, human services, govemmental, or recreational need in the community including, without limitation, a use for a day caze center, park, religious assembly, social service use, benevolent organization use, art or craft studio space, museum, or an educational use. Not applicable. 2. Is use of the adjacent alley for loading and deliveries compatible with the surrounding area and the City's codes and policies related to alleys? As mentioned, neighborhood concerns included noise impacts resulting from delivery and loading activity in the altey on the north side of the property. Alleys have historically provided service access for deliveries, loading, trash removal, garages, and surface parking throughout the City. Staff ~nds the use of the adjacent alley for loading and deliveries to be compatible with the surrounding area as well as the intent of the City's Development Code and Downtown Design Guidelines. Staff has explored the possibility of the applicant receiving deliveries from Pearl Stree~ Transportation Engineering staff found the proposal for either creating a designated loading zone on Pearl Street or allowing trucks to double park on Pearl Street unsupportable due to vehicular safety issues and established on-street parking patterns. Per the following Code sections, all service access is to be taken from the alley: The subject address (1617 Pearl) is located in the DT zoning districw Section 7-6-21(b), BRC,1981 considers alleys withih DT zoning loading zones. Further, section 7-6-21(a)(2), BRC,1981, permits the visible unloading and delivery or pick-up and loading of property for a period not in any case to exceed thirty minutes, or such shorter time indicated by a traffic control sign, or loading or unloading of passengers for a period not in any case to exceed three minutes. Per section 3.3 of the Downtown Urban Design Guidelines, alleys are to serve as efficient service access for vehicles. Per section 9-9-9(a) of the BRC,1981, delivery/loading spaces are to be provided off-street and shall not block or obstruct any public street, parking area, parking area circulation, sidewalk or pedestrian circulation area. Per section 9-9-5(c)(4), BRC,1981, a property should locate its access or curb cut on the lowest category street, alley, or public access frontage. If an alley is in violation of the above standards, eaforcement action can be taken by Parking Services per Section '7-6, BRC,1981. S:~PLAN~PB-ITEMS~MEMOS~CF.1617 Pearl Gondoliecdoc AGENDA ITEM # SA Paee 5 Additionally, in comparison, restaurants in the DT-2 district under 1,500 square feet are considered a"by-right" restaurant use. Such a"by-right" use would not require Use Review and alley detiveries would occur unrestricted, as with other by-right restaurants on east Pearl Street. Impacts from alley deliveries can be reduced by ensuring that neighboring parking spaces are not blocked during deliveries. Impacts from alley deliveries can also be reduced by requiring deliveries to occur at appropriate times of the day, which are less disruptive to adjacent residences, as considered by the applicant's proposed management plan (refer to attachment B). PUBLIC COMMENT AND PROCESS: Upon receipt of the Use Review application, staff mailed notice to all property owners within 600 feet of the subject location notifying residents of the Use Review application as well as the required neighborhood meeting. On October 16, 2006, the applicant held a neighborhood meeting, as required by Section 9-2-4(b)(1) BRC, 1981 for Use Review applications, to solicit feedback and input from neighboring residents regarding the proposed restaurant use and the draft management plan. Overall, neighbors, including the Whittier Neighborhood Association, were generally supportive of the proposal, however, concerns were expressed over outdoor bar-style seating, outdoor speakers, exhaust fan noise, and alley deliveries damaging fences and possibly blocking pazking neighboring spaces. Neighboring property owners suggested requiring the applicant to load deliveries in from Pearl Street rather than the alley. Subsequent to the neighborhood meeting, neighboring property owners at 1626 Spruce Street and 2040 16th Street forwarded emails to staff expressing specific concerns regarding impacts resulting from alley loading, deliveries, trash collecdon times, and exhaust fan noise (refer to attachment C). Specifically, the property owner at 1626 Spmce Street stipulated that no deliveries should be made from the alley. Staff informed the adjacent property owner that the City's codes and policies permitted and encouraged use of alleys for delivery and loading purposes, although it is possible to limit delivery times through Use Review. In November 2006, staff issued written comments to the applicant (refer to attachment D), with recommendations for revisions to the management plan in order to address both staff and neighborhood concerns. Staffls comments included recommendations for restrictions on delivery times in the alley, but did not recommend prohibiting deliveries from the alley. After review of staff s comments and proposed conditions of approval issued in November, 2006, the applicant revised the draft management plan to address staff and neighborhood comments regarding potential issues such as outdoor baz seating, delivery times, outdoor music, exhaust fans, trash pick-up, security, employee education, and neighborhood outreach. The neighboring property owner at 1626 Spruce Street forwarded staff an email (refer to attachment E) requesting the application be called up to Planning Board for review absent S:~PLAN~PB-ITEMS~MEMOS~CF.1617 Pearl Gondolieadoc AGENDA ITEM # SA Paae 6 a stipulation which precluded the applicant's use of the alley for deliveries. Subsequently, Planning staff, the City's Business Liaison, and the applicant met with the property owner of 1626 Spruce Street to discuss impacts and possible solutions related to the proposed loading and service use of the alley. The property owner of 1626 Spruce respectfully maintained that the only acceptable solution was to completely prohibi[ the use of the alley for deliveries and for the applicant to take all deliveries from Pearl Street. Staff has explained to the neighboring property owner the City's codes and policies regarding the uses. Staff also explained that use of the alley cannot be prohibited through Use Review unless i[ can be demonstrated that the Gondolier's use of the alley is not compatible with the surrounding area and creates a disproportionate impact to adjacent properties beyond other similar uses in the area. Based on staff's evaluation of the proposed use against the Use Review criteria above, the Gondolier's operational characteristics, including use of the alley for loading and deliveries, does not create a disproportionate impact on adjacent propeRies and is considered compatible. STAFF FINDINGS AND RECOMMENDATION: 1). The proposed application meets all required Use Review criteria found in 9-2-15(e), BRC, 1981. 2). Use of the alley for service, access to pazking, loading, and deliveries is compatible with the surrounding area as well as the intent of the City's Development Code and Downtown Design Guidelines. 3). The proposed management plan, as well as staff's proposed conditions of approval, mitigate potentia3 negative impacts and result in a compatible restaurant use for the proposed location. Therefore, staff recommends that Planning Boazd approve Use Review #LUR2006-00078 incorporating this staff inemorandum and the above Use Review Criteria as findings of fact, and using the following recommended conditions of approval. RECONIlvIENDED CONDITIONS OF APPROVAL 1. The Applicant shall be responsible for ensuring that the development shall be in compliance with all approved plans and written statements dated February 1, 2007 on file in the City of Boulder Planning Department. Further, the Applicant shall ensure that the restaurant is operated in compliance with the following restrictions: a. Size of the restaurant shall be limi[ed to 4,149 square feet. The seating area in the restaurant shall have a ma~cimum of 139 indoor seats. There shall be a maximum of 20 exterior seats, although the number of exterior seats and total square footage of the patio area shall be determined by the revocable right-of-way pertnit required by Condition No. 4. No bar style seating shall be included on the S:~PLAN~PB-ITEMS~MEMOSICF.1617 Pearl Gondolier.doc AGENDA ITEM # SA Pa¢e 7 exterior patio. b. Trash and bottles shall not be removed to outside trash containers between the hours of 10:00 p.m. and 8:00 a.m. c. Outdoor seating azea shall have no outdoor speakers. d. Food, supply, and beverage deliveries made in the alley shall not block parking spaces of adjacent property owners and shall not be made before 8:00 a.m. e. Exhaust fan motors shall be mounted inside the building and exhaust ducts shall be placed on the roof and oriented to the south (away from adjacent residental uses). 2. The Applicant shall not expand or modify [he approved restaurant use or the approved floor plan, except pursuant to Subsection 9-2-15(h), B.R.C.1981. 3. This approval is limited to Nelson Kugel, the owner of the proposed restaurant known as "Cafe Gondolier." Any changes in ownership shall be subject to the review and approval of the Planning Director. The puipose of such review shall 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. 4. The outdoor seating area, as shown on the approved plans, that projects into the public right-of-way must be approved as a revocable right-of-way lease pursuant to Section 8-6-6, B.R.C. 1981. This use review approval shall not be construed as an approval of such encroachment. Approved By: ~~ J ~ Ruth McHeyser, Acting Dir tor Planning Department ATTACHMENTS: Attachment A: Floor plan drawing / seating chart Attachment B: Proposed Management Plan Attachment C: Email from adjacent property owners Attachment D: Staff Comments dated November 26, 2006 Attachment E: Email from Mazk Pappalazdo dated 11/29/2006 Attachment F: Zoning Context Map S:~PLAN~PB-ITEMS~MEM051CF.1617 Pearl Gondolier.doc AGENDA ITEM # SA Paee 8 ATTACHMENT B Management Plan (revised) The Gondolier has been a Boulder family business for nearly 47 years. Since 2001, we have been part of the Whittier neighborhood at the corner of 18'h and Pearl. We have a reputation for good, friendly service and af~ordable food and wine. We will continue that tradition in the new location at 1617 Pearl Street. Hours of operation The Gondolier on Pearl will be open from 1 I:00 am to 11:00 pm seven days a week. C(osing hours may be earlier depending on time of year and day of the week or will coincide with the closing times of other surrounding restaurants. II. Delivery times and location All deliveries and pick-ups wifl be scheduled between 8:00 am and 1 I:00 am and 1:00 and 4:OOpm from the alley north of 1617 Pearl Street. III. Trash collection times All trash and recycle pick up times will be scheduled after 8:00 am during the week. IV. Mitigation of noise impacts The Gondolier recognizes that noise is an important issue. IYoise from fans wi(l be minimal, as the motor wil( be contained inside the building and the exterior vent wi(1 be vented to the second ftoor roof, pointing away from neighborhood areas. Trash and bottles will not be removed to outside trash between the hours of 10:00 pm and 8:00 am. Employees will not be permitted to "hang oui' in the back alley way. The will not be any exterior speaker on the outside patio. V. Securiry/Alcohol, Dmg Policy The Gondolier maintains and enforces all policies set by the City of Boulder Beverage Licensing Authority. Our employees are educated and trained in being responsible alcohol servers and we pass all of our compliance checks by the city and county. The standard of conduct we expect from our staff in regards to alcohol and drug use is as follows; the possession, use, sale, purchase, or distribution of il(egal drugs is prohibited and are grounds for immediate termination. Also, employees reporting to work after having ingested alcohol or any drug that adversely aft'ects the employee's ability to safely and effectively perform his/her job are grounds for termination. VI. Employee Education Program ~~~-~~~#~ All employees are trained by the guidelines set forth in our "Personnel Policies" manual (attached) All staff members involved in the sale of alcohol are required to take the LESS classes mandated by the city. VII. Neighborhood Out reach/Method of future communication I will be available to attend any Whittier neighborhood meetings as needed. I am also available for contact almost anytime. My Phone numbers are: Nelson Kugel Work: 303-443-5015 Cell: 303-818-3561 E-mail Kuee15015(c~msn.com VIII. Dispute resolution with neighborhood If a dispute arises, every effort will be made to resolve the issue ef~iciently and amicably between parties. If necessary, we wil( pursue mediation through the city. n9en~ ~em ~ ~f~ Pa9e ~.~2~_. ATTACHMENT C Karl Guiler - Use Review 1617 Pearl Street (Gondolier restaurant) From: "Marc Pappalazdo" <MarcP@bmgi.com> To: <guilerk@bouldercolorado.gov>, <info@cafegondolier.com> Date: 10/19/2006 9:40 AM Subject: Use Review 1617 Pearl Street (Gondolier restaurant) Messrs. Kugel and Guiler, I own and reside at 1626 Spruce St., and I was sick on the day of neighborhood meeting for the 1617 Pearl St Use review Meeting. I have copied the restaurant in on this email. My home is a carriage house, which has no set back from the alley, and my bedroom windows are right behind the back of the restaurant. As I do not have air conditioning, I have to keep my windows open in the warmer months to cool down the place. I have had numerous issues with the other restaurants on the 1600 block, mostly with Foolish Craigs. Despite this bad history, I am hopeful that if the restaurant will address my concerns that I will have no issues with their application. My concems are: 1) Where will the dumpsters be located because I do not want any noxious smells (especialiy when I have to keep my windows open in the warmer months ta cool my house) a. Wiil the Use application contain a stipulation as to when trash will be picked up. b. A stipulation as to when bottles and trash are thrown out? I can hear every time the nights bottles are thrown out from the existing restaurants, and they are not right behind my house 2) Deliveries of food and supplies: every Saturday morning a tractor trailer parks right below my bedroom window and delivers food to Foolish Craigs, which will wake you up because the truck leaves its refrigerator unit on and is running the entire time (over a half hour). I do not want to be woken up every Saturday morning at 8 am for a food delivery when a truck idles right below my window: a. Will the Use review contain a stipulation as to when the restaurant will accept deliveries" b. Will it stipulate that in no event it will block my drive way? 3) What are the proposed hours of operation and how large is the proposed bar? 4) Are they planning live entertainment 5) Are any additional fans or venting going to be installed? If it done right, I foresee peaceful coexistence, but if not, it could be a huge nuisance to me, my wife, and my soon to be newbom chiid. My direct line at work is 303.684.7418 if you would like to discuss this applicatio~. Regards, Marc Pappalardo, Esq. Vice President and General Counsel Breakthrough Management Group, Inc. Telephone: 303.827.0010 Facsimile: 775.429.4091 W W W. BMGi.com The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. ngenea itwn #~Po9e ~-~-- :harles Ferro - 1617 pearl street ~ From: Jim Griffey <griffey323C~3earthlink.net> To: <terroc(~3bouldercolorado.gov> Date: Sun, Nov 19, 2006 9:47 PM Subject: 1617 pearl street Dear Charles, As we stated at the informal neighborhood meeting, we would be opposed to any increased traffic in the alley that the subject property would propose using. I know that in the informal meeting, Mr. Kugel seemed willing to abandon the idea of having his take away food being delivered through the back ailey and was also receptive to having his food deliveries happen from Pearl Street. As the owners of The Bradley Inn, our guests have the right to back out of our parking lot when they are ready to leave. This often times can't happen without one of our employees having to intervene on behalf of the guest. Not to mention the noise issue with garbage trucks, recycle trucks, etc. Therefore, we wouid be strictly opposed to any use at 1617 Pearl Street that would increase an already contentious alley sftuation. If Mr. Kugel is still open to having ALL access be from Pearl Street, then and only then, could we support the use review process. Sincerely, Jim Griffey co-owner The Bradley Inn 2040 16th Street Boulder, Colorado 80302 • ~enda ftem #_~~_ page ~ C2 Charles Ferro - RE: Use Review 1617 Pearl Street (Gondolier restaurant) From: "Marc Pappalazdo" <MarcP@bmgi.com> To: "CharlesFerro"<Ferroc@bouldercolorado.gov> Date: 11l22/2006 8:41 AM Subject: RE: Use Review 1617 Pearl Street (Gondolier restaurant) CC: "Mim Dixon" <mimdixon@hotmail.conv, <info@cafegondolier.conv Charles, Thank you for advising me of the most recent activity. I plan on opposing the application unless the following stipulations are included: (i) deliveries will not be accepted in the back of the alley, (ii) that trash will not be picked up earlier than 7 am on weekdays and 8 am on weekends, and (iii) the fan ducts will be pointed towards Pearl Street and will not emit an "unreasonable" amount of noise. With respect to the location of deliveries, in case you are unaware of the facts, the location of deliveries is a big issue, as the alley is already congested with deliveries. Moreover, every house on that block of Spruce St (with one lone exception), including a hotel and an apartment house, use that alley as access to parking. The way the alley is situated now, a truck delivering food/supplies (which happens frequently for restaurants) to the restaurant will have to block either my driveway or my neighbors, the Dixons. This is not acceptable. What if 1 were to telt you that one to four times a week, you will be blocked in your driveway and unable to leave? Absent a stipulation, you are effectively giving the restaurant a license to block us in. This is something that I will not allow happen, even if it means that I will have to sue (which I will promise I will do the first time I am blocked in). Also, by blocking my two car carport, the restaurant will also be preventing ali ingress and egress to the parking structure to the many residences and business located at 1630 pearl St. (address?), which is immediately behind my house. As for the trash pick up times, my requested stipulation tracks local laws, but I have found that at least one restaurant owner, who I have asked to comply with the law, will not take responsibility for when his trash is picked up by saying it is out of his hands. If it is a stipulation, the owner will have more motivation to comply with the laws. As to the fans, by having them point away from Pearl Street, it is less likely that any smells or sounds will disturb the neighborhood. I know that Aji's fans were a problem to our neighborhood and were quite loud, until they poi~ted the ducts towards Pearl (as their plans had called for). Finally, while I have not previously mentioned it, I aiso have concerns about the plans to compost Vash in the alley, which depending on the locations of the trash cans couid be a few feet from my bedroom window (which I must keep open in the summer due to the absence of air conditioning). The owner of the restaurant assured me that it would not smell, and I have no experience with composting, so I cannot say that he is wrong. If it is not going to emanate any noxious smelis, then I am 100% in favor of it. Please advise me of what additional actions, if any, 1 need to take in order to assert my opposition (pending acceptance of the conditions I have set forth above). Also, is there a hearing where i can voice my concerns and opposition? Finally, please advise me of the application process so that I can assure that any oppositibn is presented at all possible junctures. Thank you for your consideration of my objections. Marc Pappalardo, Esq. Breakthrough Management Group, inc. Telephone: 303.827.0010 Facs i m i le: 775.429.409 7 W W W.BMG i.com The inforrnation contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the originai message. ~ ~ #~1~_._ ~e ~~_ s'~iA•iir•vrnan~r.wtnnnm rfir~a CITY OF BOULDER ATTACHMENT D ,~j~.i Planning and Development Services ~•Y',y • ~~ ~ 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 LAND USE REVIEW RESULTS AND COMMENTS DATE OF COMMENTS: November 27, 2006 CASE MANAGER: Charles Ferro PROJECT NAME: Gondolier Italian Restaurant LOCATION: 1617 PEARL ST COORDINATES: N03W06 REVIEW TYPE: Use Review REVIEW NUMBER: LUR200&00078 APPLICAJVT: NELSON KUGEL DESCRIPTION: Use Review for a 158 seat, approximately 4,300 square foot restaurant with outdoor seating. Proposed hours of operetion are 11:00 AM. to 11:00 P.M. daily. , REQUESTED VARIATIONS FROM THE LAND USE REGULATIONS: Not applicable. 1. REVIEW FINDINGS The subject application will meet Use Review criteria if the conditions listed below are met. A disposition of approval will be issued if applicant addresses comments below and addresses the following comments and accepts the following conditions. 11. CITY REQUIREMENTS Fees Please note that 2006 development review fees include a$128 hourly rate for reviewer services following the initial city response (these written comments). Please see the P&DS Questions and Answers brochure for more information about the hourly billing system. Fire Protection No issues with this request. The existing fire sprinkler system and alarm system will need to be mod'rfied to meet the needs of the new tenant. D.Lowrey 303.441.4356 Legal Documents 1. The outdoor seating area encroaches into the right of way (ROW) and must be approved as a revocable right-of- way lease pursuant to Section 8-6-6, B.R.C. If this Use Review is approved, it shall not be construed as an approval of such encroachment. 2. Prior to signing a development agreement, the Applicant shall provide the City with a title commitment current to within 30 days (an O&E Report is not acceptable). 3. Proof of authorization to bi~d on behalf of the LLC is required. The 2000 Articles of Incorporation indicate that management authority is vested in the Members. Provide proof of who the current Members are. If only one Member can bind the LLC, provide documentation, such as Statement of Authority. Julia Chase, City Attorneys Office, Ph. (303) 441-3020. Neighborhood Comments Statt has received severa~ emails from surrounding property owners regarding potential impacts resulting from the proposed restaurant (refer to attached). Overall, the neighbors appear to be generally supportive of the application, however, neighbors immediately adjacent to the property have indicated opposition to the application if certain operational and management procedures are not included in the management plan. Based on written neighborhood comments and the neighborhood meeting of October 16, 2006, the following issues have been identified: 1). Noise from outdoor music 2). Outdoor bar seating (creating a tavern-like appearance rather than a neighborhood family restaurant appearance) 3). Delivery trucks Address: 1617 PEARL ST c-dl _ _ ,n , -Noise impacts on neighbors from early moming deliveries and blocked driveways and parking spaces in the alley -Deliveries should be made from Pearl, not from alley. 4). Exhaust fan noise and location 5). Trash smell 6). Noise from dumping bottles after the restaurant closes 7). Noise and traffic from delivery trucks and garbage trucks in early morning hours While the proposed management plan specifically addresses some of the aforementioned concerns, additional analysis should be conducted to address the potential impacts identified by the neighbors. Staff has considered neighborhood concerns and agrees that the management plan can specifically address concerns not already considered by the City's Code. Specifically, impacts from alley supply loading can be addressed through the management plan rather than prohibiting alley deliveries completely. Alleys have historically been used as secondary service corridors and there should be a reasonable expectation of such uses in alleys. Restaurants in the DT-2 district under 1,500 square feet or under are considered a"by-right" restaurant uses. Such a"by-right" use woutd not require Use Review (or any staff review) and alley deliveries would occur unrestricted. Impacts from alley deliveries can be reduced by ensuring that neighboring parking spaces are not blocked during deliveries and be requiring deliveries to occurs at appropriate times of the day. Should the applicant choose to make deliveries from Peal Street exclusively, the applicant may include such a provision in the revised management plan. Staff has also reviewed neighborhood concerns related to foul smells resulting from trash and has determined that Chapter 6-3-3, BRC, 1981 prohibits accumulation of trash and requires frequent disposal to prevent unpleasant odors. Matters regarding smelis related to the applicanYs dumpster can be handled as an enforcement matter. Please note attached conditions of approval reflect both staff and neighborhood concerns. Parking As mentioned below, drawings should depict a dimensioned parking area in rear of building. Plan Documents Total restaurant square footage appears incorrect. Plans should be revised to reflect the entire square footage of the restaurant in addition to individual areas of the restaurant. According to staff's calculations, the entire square footage of the restaurant is approximately 4,300 square feet. Plans should also indicate exact dumpster location (distance from building and alley) and dimensions as well as a dimensioned parking configuration for the rear of the building. Drawing should also indicate which spaces are dedicated for the exclusive use of the Gondolier. Plans indicate 20 outdoor seats under seating capacity table, however, the seating chart indicates 30 outdoor seats. Similarly, the number of interior seats indicated under the seating capacity.table do not correspond with the seating chart. Please revise plans to include correct seating capacity data. The outdoor seating area appears as if it is larger than the actual sidewalk area. Please revise drawing to indicate the encroachment area of the outdoor patio and the entire sidewalk area from the building to the curb. Please provide the dimension of the patio and the clear area of passage on the sidewalk between the patio and the curb. Please indicate location of any trees in the sidewalk adjacent to the building as well. Per neighborhood comments, bar seating in the outdoor seating area should be removed. "Alle~' is misspelled on the sheet 2. Identify use of space in area north of banquet room. Plans should include a note to indicate that exhaust fan motors will be mounted inside the building and that exhaust ducts will be placed on the roof of the building. Address: 1617 PEARL ST A~ria Nao, a'4~-~ n---. /I 7 The proposed management plan shouid be drafted in outline format addressing the following specific operational procedures, as foliows: I. Hours of operation II. Deliviery Times and Location III. Trash collection times IV. Mitigation of noise impacts V. Security / Alcohol, Drug Policy VI. Empioyee Education Program VII. Neighborhood Outreach / Methods of Future Communication VIII.Dispute resolution with neighborhood Each section should be addressed with specific operation procedures. III. NEXT STEPS Please revise plans / management plan and resubmit 5 cosrected record sets by December 15, 2006. Upon approval of plans, staff will issue a notice of disposition of approval with conditions (as listed below). Subsequent to the issuance of a notice of disposition of approval, the application will be subject to call-up to the Planning Board. Upon expiration of the 14 day call-up period, approval will be finalized and a development agreement will be issued to the appticant for signature within 60 days. Upon signature of ihe agreement, staff will record the agreement. In the event the proposed application is called-up to Planning Board, staff will schedule the application for hearing within 60 days. IV. CITY CODE CRITERIA CHECKLIST Please refer to the attached Use Review criteria checklist by which the application will be evaluated. V. CONDITIONS OF APPROVAL 1. The Applicant shall be responsible for ensuring that the development shall be in compliance with all approved plans and written statements dated on file in the City of Boulder Planning Department. 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 square feet. The seating area in the restaurant shall have a maximum of ~ indoor seats. There shall be a maximum of _ exterior seats, although the number of exterior seats shall be determined by the revocable right-of-way permit required by Condition No. 4. No bar style seating shall be included on the exterior patio. b. Normal hours of operation shall be 11:00 P.M. to 11:00 P.M. daily. c. Trash and bottles shall not be removed to outside trash containers between the hours of 10:00 p.m. and 7:00 a.m. d. Outdoor seating area shall have no outdoor speakers. e. Food, supply, and beverage deliveries made in the alley shall not block parking spaces of adjacent property owners and shall not be made before 8:00 a.m. f. Exhaust fan motors shall be mounted inside the buiiding and exhasut ducts shall be placed on the roof. 2. The Applicant shall not expand or modify the approved restaurant use or the approved floor plan, except pursuant to Subsection 9-2-15(h), B.R.C. 1981. 3. Tfiis approval is limited to Nelson Kugel, the owner of the proposed restaurant known as "The Address: 1617 PEARL ST • ---,- u-- . e--;a ~-- x n ~ Gondolier." Any changes in ownership shall be subject to the review and approval of the Pianning Director. The purpose of such review shall 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. 4. The outdoor seating area, as shown on the approved plans, that projects into the public right-of-way must be approved as a revocable right-of-way lease pursuant to Section 5-6-6, B.R.C. 1981. This use review approval shall not be construed as an approval of such encroachment. S 5. A revised management plan and architectural drawings shall be resubmitted to staff by December 15, 2006 (five copies of each). Address: 1617 PEARL ST ~~m~~~~#1~ y ATTACHIVIENT E Charles Ferro - RE: Staff Comments - Gondolier 1617 Pearl St. From: "Marc Pappalazdd' <MarcP@bmgi.com> To: "Chazles Ferro" <Ferroc@bouldercolorado.gov> Date: 11/29/2006 12:04 PM Subject: RE: Staff Comments - Gondolier 1617 Pearl St. CC: <griffey323@earthlink.net>, <whittierneighborhood@hotmail.com> Charles, Thank you for providing me with your use review comments. As we discussed, absent stipulations that run with the use permit concerning deliveries, I plan on opposing this. It appears that you are not requiring the stipulations that I requested. As a result, this serves as a formal request to call the matter up. Regards, Marc Pappaiardo, Esq. Vice President and General Counsel Sreakthrough Management Group, Inc. Telephone: 303.827.0010 W W W.BMGi.com The information contained in this transmission may contain privileged and Confidential information. It is intended only for the use of the person(s) named above. If you are ~ot the +ntended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by ~eply email and destroy all copies of the original message. From: Charles Ferro [mailto:Ferroc@bouldercolorado.gov] Sent: Wednesday, November Z9, 2006 10:48 AM To: Marc Pappalardo; grifFey323@earthlink.net; whittierneighborhood@hotmail.com Subject: Staff Comments - Gondolier 1617 Pearl St. Please refer to the attached staff comments regarding the Gondolier. Please feel free to mntact me with any questions. Thanks, Charles Ferro, AICP Planner II ~ty of Boutder - Ptanning and Development Services Department 303.441.4012 - Dired 303.4A13241 - Fax ferrocC~a bouldercolorado.c,~ov www. bouldercolorado.gov 1e~~J~ 4..~. ll~ A A_.._ u/ ~ ~ ~ ~ Location: 1617 Pearl St Project Name: Gondolier Restaurant Review Type: Use Review Review Number: LUR2006-00078 Applicant: NG Kuge! LLC BT- ~.. ~ `~r =:~ ~`~d ~ ~ "n ~ f~ 1 inch equals 200 feet ~ ~~- ,-_- - -~: ~- ~~ ; City of ~~~~ Boulder ~ The irttortnation tlepictetl on thfs map is provided as graphical representation only. The City of Boulder provides no warranty, expressed or Im plled, as to the accuracy and/or completeness of the irrtortnation qerida~em ~eOn _ ~aqe # _~~_,