HomeMy WebLinkAbout01.19.22 BLA Driftwind Boundaries Memo from J. Judd and chartJoel Judd
Attorney at Law Telephone: (303) 830-8881
2222 South Albion Street, Suite 100
Denver, Colorado 80222-4928 E-Mail: joeljudd@joeljudd.com
MEMORANDUM REGARDING LIQUOR LICENSE BOUNDARIES
Date: January 18, 2022
To: Boulder Beverage Licensing Authority
From: Parties in Interest
Re: Land lock, LLC d/b/a Driftwind for a new Hotel-Restaurant type liquor license
application at 5565 51st Street, Boulder, CO 80301
The Parties in Interest listed below ask the Authority to retain the 1 mile
neighborhood boundary set for the same application last year.
The BLA Rules of Procedure provide:
CHAPTER 4 PREHEARING ACTIONS AND DETERMINATIONS
Section 4-1 Neighborhood Boundaries
Upon receipt of a completed application, the Authority shall establish the
neighborhood boundaries for the application at the next available regular
meeting. The boundaries will typically include an area of not less than a one-half
(1/2) mile radius around the proposed establishment. In addition, factors
including, but not limited to, zoning boundaries, land use designations, traffic
flow, access roads, demographics, size of establishment, natural and human-
made barriers, and consideration of other similar licenses in the area proposed
may also be considered by the Authority in determining the neighborhood
boundary. Any reference in these Rules to "Neighborhood" shall refer to the
Neighborhood designated by the Authority pursuant to this Section 4.1
Subsection 4-1-1 Objections to Neighborhood Boundaries
An applicant or other Party in Interest may object to the boundaries as
established by the Authority. Objections to Neighborhood boundaries must be
made at the same Authority meeting during which the boundaries are
established. [emphasis added]
This conforms to the standards set out by the Colorado Supreme Court:
Agenda 14 (d)(iv)- Driftwind boundaries
January 18, 2022
Page 2
_________________
“This is the first time that we have had occasion to judicially define a
neighborhood. It appears to us that its common usage signifies nearness as
opposed to remoteness, viz., in the immediate vicinity. It connotes a congeries of
local interests arising from a problem confined to a limited area . . .” Cloverleaf
Kennel Club v. Board of County Com'rs, 319 P. 2d 487 at 489 Colo Supreme
Court 1957. [emphasis added]
“The geographic extent of the neighborhood will vary from case to case,
depending on the circumstances . . .” Board of County Com'rs of Boulder County
v. Johnson, 460 P. 2d 770 at 771 Colo Supreme Court 1969.
Since January, 2019 this Authority has generally set Hotel and Restaurant
neighborhood boundaries no more than 1 mile from the applicant, and has never gone
as far as 1.2 miles. While the covid emergency rule was in place all boundaries were set
at a default 1 mile radius. The attached table shows the other boundaries set since
January, 2019.
Last year this Applicant (Landloch, LLC) applied for the same license at the same
address. February 17, 2021, this Authority set the neighborhood boundary at the default
radius of 1 mile. One mile was a good boundary last year and remains a wise choice
this year.
Joel Judd
Attorney for Parties in Interest
Parties in Interest:
Shannon Callahan
4880 Kelso Rd.
Boulder CO 80301
Kimberly Bixel
5117 51st Street
Boulder CO 80301
(5280 feet = 1 mile)BLA Meeting Date:Hotel-Restaurant Liquor License Applicant Name:Neighborhood Boundary: East - Street nameNeighborhood Boundary: East - DistanceNeighborhood Boundary: West - Street nameNeighborhood Boundary: West - DistanceNeighborhood Boundary: North - Street nameNeighborhood Boundary: North - DistanceNeighborhood Boundary: South - Street nameNeighborhood Boundary: South - Distance1 12/15/2021Post Brewing Boulder at 2027 13th St 80302 20th st 2639 feetBoulder city limits 5129 feet Alpine 2184 feet Marine 2319 feet2 12/15/2021Wild Pastures Burger 2805 Pearl St Suite 5B 80301 Foothills Pkwy 3716 feet 20th st 3479 feet Valmont 1966 feet Arapahoe 2000 feet3 10/20/2021Blofish at 1932 14th St 80302 East Folsom 3769 feet 4th st 4101 feet N Cedar St 3285 feet Pleasant St 3220 feet4 10/20/2021Homewood Suites at 4950 Baseline Rd 80303 55th st 2302 feet30th st extended 1.07 mile Arapahoe 1.19 mileSouth Boulder Rd 4236 feet5 10/20/2021BOCO Restaurant at 4800 Baseline Rd 80303 55th st 2370 feet30th st extended 1.05 mile Arapahoe 1.1 mileSouth Boulder Rd 4356 feet6 9/15/2021Sherry's on the Hill at 1087 13th St 80302Folsom to Colorado to 28th st 3432 feet 6th st 3032 feetMarine St extended 2014 feetColumbine Ave extended on the south 3216 feet
(5280 feet = 1 mile)BLA Meeting Date:Hotel-Restaurant Liquor License Applicant Name:Neighborhood Boundary: East - Street nameNeighborhood Boundary: East - DistanceNeighborhood Boundary: West - Street nameNeighborhood Boundary: West - DistanceNeighborhood Boundary: North - Street nameNeighborhood Boundary: North - DistanceNeighborhood Boundary: South - Street nameNeighborhood Boundary: South - Distance7 9/15/2021My Neighbor Felix at 901 Pearl St #100 80302 17th st 3000 feet 4th st 2099 feetMaxwell extended 1403 feet Marine Street 2218 feetEMERGENCY RULES IN PLACE - all radius set at 1mi8 1/15/2020Hi-Mor dba Peckish at 1320 College Ave 80302Folsom to Colorado to 28th 4458 feet 6th st 3323 feet University Ave 1962 feetColumbine Ave extended 2990 feet9 11/20/2019Coma Mexican Grill at 4800 Baseline Rd 55th st 2878 feet30th st extended 4840 feet Arapahoe 1.08 mileSouth Boulder Rd 4000 feet10 10/16/2019Torchy's Tacos at 2805 Pearl St Unit 5A Foothills Pkwy 3653 feet 20th st 3594 feet Valmont rd 2215 feet Arapahoe rd 2981 feet11 8/21/2019Pickled Peppers dba Leaf at 1710 Pearl St Folsom Blvd 2793 feet Broadway 2146 feetBluff St extended 1569 feet Canyon Blvd 763 feet
(5280 feet = 1 mile)BLA Meeting Date:Hotel-Restaurant Liquor License Applicant Name:Neighborhood Boundary: East - Street nameNeighborhood Boundary: East - DistanceNeighborhood Boundary: West - Street nameNeighborhood Boundary: West - DistanceNeighborhood Boundary: North - Street nameNeighborhood Boundary: North - DistanceNeighborhood Boundary: South - Street nameNeighborhood Boundary: South - Distance12 6/19/2019Oreganos Pizza Bistro at 2690 Baseline Road Foothills pkwy 1 mile City limits 1.17 mileColorado Ave extended 2974 feetTable Mesa drive 1.36 mile13 5/15/2019AOI Sushi at 3303 30th st Foothills Pkwy 2679 feet 19th st 5064 feet Jay Road 1.06 mile Valmont 2313 feet14 3/11/2019Boulder Marriott 2600 Canyon Blvd 80302 20th Street 2517 feet 30th Street 1793 feet Mapleton Ave 2877 feet Colorado Ave 3333 feet15 1/16/2019Rosetta Hall 1109 Walnut Street Boulder 80302 17th Street 2062 feet 4th Street 3057 feet Maxwell Ave 1499 feet Marine Street 1990 feet