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4 - Call Up: Approval of Use Review for2359 Arapahoe Ave and the Tibetian Kitchen take-out restaurant (LUR2007-00059)MEMORANDUM TO: Planning Board FROM: Elaine McLaughlin, Case Manager DATE: November 28, 2007 SUBJECT: Call Up Item: Approval of Use Review for 2359 Arapahoe Avenue and the Tibetan Kitchen take-out restaurant. Attached is the Use Review disposition for the proposed Tibetan Kitchen take-out restaurant located at 2359 Arapahoe Avenue. The proposed project is located in the BT-2 (Business Transition - 2) zoning district and requires staff-level Use Review for a restaurant use in a zone located adjacent to a residential zone (Residential High - 2). The project site is also located within the Boulder Valley Regional Center (BVRC) boundaries, and as such is subject to the provisions of the BVRC Design Guidelines. Staff finds the application meets the Use Review criteria of Section 9-2-I5, B.RC, 1981 and is consistent with BVRC Design Guidelines. The former use, Tastefully Toasted, was also primarily take-out. This use would have similar operating characteristics to the former tenant. The proposal was approved by staff on November 21, 2007 and the decision may be called up before Planning Board on or before December 5, 2007. There is no Planning Board hearing scheduled during the required 14 day call-up period. Questions about the project or decision should be directed to the Case Manager, Elaine McLaughlin at (303) 441-4130 or mclauQhline(c~,bouldercolorado.eov CITY OF BOULDER a//~,~%~j~~ 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 forth in Title 9 B.R.C. 1981, as applied to the proposed development. DECISION: APPROVED WITH CONDITIONS PROJECT NAME: 2359 ARAPAHOE DESCRIPTION: USE REVIEW: Approval of Use Review for the Tibetan Kitchen take-out restaurant within the existing 900 square foot space formerly occupied by the Tastefully Toasted doughnut shop. The subject property is located at 2359 Arapahoe Avenue. LOCATION: 2359 ARAPAHOE AVENUE COOR: N03W05 LEGAL DESCRIPTION: See Exhibit A APPLICANT/OWNER: Jampa DotharlDigregorio-Aquarius LLC APPLICATION: Use Review (LUR2007-00069) ZONING: BT-2 CASE MANAGER: Elaine McLaughlin VESTED PROPERTY NO; the owner has waived the opportunity to create such right under Section 9-2-19, B.R.C. 1981. FOR CONDITIONS OF APPROVAL, SEE THE FOLLOWING PAGES OF THIS DISPOSITION. Approved On: ~~'Z~~O Date By: - Ruth H yser, Acting 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: ~2 'S ~U '2,- 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 NINETY (90) DAYS OF THE FINAL DECISION DATE, THE PLANNING DEPARTMENT APPROVAL AUTOMATICALLY EXPIRES. Pursuant to Section 9-2-12 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 9-2-12, B.R.C. 1981) the development within three years shall cause this development approval to expire. CONDITIONS OF APPROVAL 1. The Applicant shall be responsible for ensuring that the development shall be in compliance with the written statement dated September 12, 2007 and the approved plan dated September 14, 2007 on file in the City of Boulder Planning Department, except as may be modified by this approval. Further, the Applicant shall ensure that the restaurant is operated in compliance with the following restrictions: a. The Applicant shall not expand or modify the approved use, except pursuant to subsection 9-2- 15(h), B.R.C. 1981. b. The total number of seats for the Tibetan Kitchen shall nol exceed five (either at a counter or at a table) to ensure that the nature of the restaurant shall be for "take-out" purposes. c. Normal hours of operation allowed are between the hours of 6:00 a.m. to 12:00 p.m. d. Glass bottles shall not be removed to outside containers after before 8:00 a.m. and after 10:30 p.m. 3 Exhibit A: Legal Description - Property Description - (PROVIDED BY FIRST COLORADO TITLE COMPANY) PART OF LOTS 15 AND 16, BLOCK 20, CULVER'S SUBDIVISION, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 15; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOTS 15 AND 16, A DISTANCE OF 95.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 16; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT 16, A DISTANCE OF 75.00 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTHERLY LINE OF SAID LOTS 15 AND 16, A DISTANCE OF 95.00 FEET TO THE WESTERLY LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG SAID WESTERLY LINE, 75.00 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PART OF THE ABOVE DESCRIBED PROPERTY CONVEYED BY ELBERT T. SPECHT AND IRENE M. SPECHT TO THE CITY OF BOULDER IN DEED RECORDED MAY 5, 1969 ON FILM 667 AS RECEPTION N0. 912163; NOTE: THAT PROPERTY CONVEYED BY DEED RECORDED ON FILM 667 AS RECEPTION N0. 912183 IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF THE SOUTH 75.00 FEET OF LOT 16, BLOCK 20, CULVER'S SUBDIVISION, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 16; THENCE WESTERLY ON THE SOUTH LINE OF LOT 16, A DISTANCE OF 16.00 FEET; THENCE ON A NORTHEASTERLY LINE, TO A POINT 6.50 FEET WEST OF THE EAST LINE OF SAID LOT 16, A DISTANCE OF 17.76 FEET; THENCE NORTHERLY ON A LINE PARALLEL WITH AND 6.50 FEET WEST OF THE EAST LINE OF LOT 16 TO THE NORTH LINE OF ABOVE MENTfONED PARCEL, A DISTANCE OF 60.00 FEET; THENCE EAST TO THE NORTHEAST CORNER OF SAID PARCEL, A DISTANCE OF 6.50 FEET; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID PARCEL, A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING. 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