Item 5B - 4910 NautilusCITY OF BOULDER
PLANNING BOARD AGENDA ITEM
MEETING DATE: July 18, 2023
AGENDA TITLE
Public hearing and consideration of a Use Review for a 7,062 square foot patio
expansion of a restaurant use with associated landscape improvements at 4910 and
4920 Nautilus Court North. Reviewed under case no. LUR2022-00028.
Applicant: Christopher Hoy, Flow Design Collaborative
Owners: Avery & Avery, LLC
REQUESTING DEPARTMENT / PRESENTERS
Brad Mueller, Director Planning & Development Services
Charles Ferro, Senior Planning Manager
Chandler Van Schaack, Principal Planner
OBJECTIVE
Define the steps for Planning Board consideration of this request:
1. Planning Board hears applicant and staff presentations.
2. Hold quasi-judicial public hearing.
3. Planning Board action to approve, approve with conditions, or deny.
SUMMARY
Project Name: Avery Brewing Company
Location: 4910 and 4920 Nautilus Court North
Size of Property: 245,890 square feet (5.64 acres)
Zoning: Industrial – General (IG)
Comprehensive Plan: Light Industrial
Item 5B - 4910 Nautilus
EXECUTIVE SUMMARY
The purpose of this item is for the Planning Board to review and take action on the Use
Review Application to allow for a 7,062 square foot patio expansion of the approved
restaurant use associated with the Avery Brewing facility. The proposed patio expansion
would formalize a temporary outdoor seating area that has been in operation since 2020
and would bring the total outdoor seating area for the approved restaurant use to 8,942
square feet. No changes to the existing interior brewing facility or restaurant space are
proposed. This item was called up by Planning Board at the May 16, 2023 meeting, and
as such, Planning Board approval of the Use Review application is now required at a
public hearing. The item was called up based on concerns over potential impacts to the
adjacent Boulder County open space. Staff has since spoken with Boulder County open
space staff and based on their input has incorporated new conditions of approval intended
to mitigate any adverse impacts to the adjacent open space.
Staff is recommending approval of the Use Review application finding the proposal
consistent with the Use Review criteria as outlined in within this memorandum, subject to
conditions of approval. This item was called up by Planning Board at the May 16, 2023
hearing, and as such Planning Board approval of the Site Review Amendment application
is now required at a public hearing.
The applicant’s proposed plans can be found in Attachment A. The full list of staff
responses to the Use Review criteria for the approval recommendation by staff can be
found in Attachment B.
STAFF RECOMMENDATION
Staff has found that the proposed project meets criteria of Section 9-2-15, B.R.C. 1981
and is recommending that Planning Board approve the application in the form of the
following motion:
Suggested Motion Language:
Motion to approve Use Review application #LUR2022-00028, adopting the staff
memorandum as findings of fact, including the attached analysis of review criteria.
KEY ISSUE
1.Is the proposed project consistent with the Use Review Criteria of the Land Use
Code section 9-2-15(e) including findings related to the use being reasonably
compatible with and having minimal negative impact on the use of nearby
properties?
PUBLIC FEEDBACK
Consistent with Section 9-4-3, “Public Notice Requirements,” B.R.C. 1981, staff
Item 5B - 4910 Nautilus
provided notification to all property owners within 600 feet of the subject location of the
application, and signs have been posted by the applicant. Staff has not received any
public comments on the proposal.
BACKGROUND
As shown in Figure 1 below, the subject property is located in Gunbarrel, just east of
63rd Street off of Nautilus Court North. It is surrounded on three sides (north, south and
west) by Industrial General zoning that has developed with office and warehouse
buildings, primarily built in the 1970s, 80s, and 90s. The property east of the site is zoned
RH-4 (Residential High – 4) and contains the Boulder Country Day School. Across
Nautilus Drive to the southeast is Twin Lakes, a Boulder County Parks and Open Space
area. Twin Lakes is a 42-acre open space property containing two reservoirs that were
purchased in 2002 by the Boulder County Parks and Open Space. The reservoirs are used
by the Boulder & Left Hand Irrigation Company (B&LHIC) to store and transport
agricultural water. There are a number of IG zoned office warehouse buildings, as well as
county zoned residential properties, that surround the lakes. The project site is located
outside of the area guided by the Gunbarrel Community Center Plan.
The existing Avery Brewing Facility was approved though Site and Use Review in 2012
as a two-phase development that included an 85,638 square foot brewing facility and
corporate offices with a 3,000 square foot gift shop, a 5,275 square foot restaurant use
and an 1,800 square foot outdoor seating area (case number: LUR2012-00012). The
project was granted a 33% parking reduction and deferred construction of 52 parking
spaces to allow for 220 parking spaces to be provided where 329 spaces were required.
Since that time, all of the improvements included in the original Phase 1 of the project
(an amendment to the phasing plan was approved in 2013 to allow for certain elements of
PROJECT SITE
BoCo Twin Lakes Open Space
Existing Temporary
Seating Area
Figure 1: Vicinity Map
Item 5B - 4910 Nautilus
the original Phase 1 to be completed as part of Phase 2) have been constructed, including
a 65,921 square foot brewing facility and offices, the associated 3,000 square foot gift
shop, a 5,275 square foot restaurant and 1,800 square foot outdoor seating as well as the
220 required parking spaces. The 19,683 square foot expansion to the brewing facility
approved as part of Phase 2 was never constructed, and the approval for that addition has
since expired. Figure 2 below shows the previously approved phase 2 expansion (not
constructed) in relation to the existing and proposed outdoor seating areas. Figure 3
shows an aerial image of the existing site conditions.
Previously approved
outdoor seating area (not
constructed)
Previously approved
building expansion (not
constructed)
Existing outdoor
seating area
Proposed outdoor
seating area expansion
(blue)
Figure 2: Previously approved site plan with existing and proposed conditions
Figure 3: Aerial image of existing site conditions
Item 5B - 4910 Nautilus
The existing outdoor seating area on the south side of the building (shown in Figure 3
above) was approved in 2020 as part of the city’s outdoor seating expansion program,
which was a city-sponsored program intended to support businesses through Covid. The
current proposal falls generally within the same boundary as the existing temporary
outdoor seating shown above, which has been operational since 2020.
Boulder Valley Comprehensive Plan (BVCP) Land Use Designation: As shown in
Figure 4 below, the subject property is designated as “Light Industrial” on the land use
map of the BVCP. The description from the BVCP is shown below.
Zoning: The site is zoned Industrial - General (IG), which is defined as “General
industrial areas where a wide range of light industrial uses, including research and
development, manufacturing, service industrial uses, media production, storage, and other
intensive employment uses are located. Residential uses and other complementary uses
may be allowed in appropriate locations.” (Section 9-5-2(c)(4)(B), B.R.C. 1981). See
Figure 5.
Figure 4: BVCP Land Use Designation
Item 5B - 4910 Nautilus
PROJECT DESCRIPTION
As shown in the site plan in Figures 6 and 7, the proposed project consists of a new, 7,062
square foot outdoor seating area to be added to the southeast corner of the site, adjacent to
the existing outdoor seating area. The proposed expansion would bring the total outdoor
seating area to 8,942 square feet and the total non-brewery area in the development (gift
shop and restaurant including interior and exterior seating areas) to 17,216 square feet or
23.2% of the total indoor floor area (this complies with Section 9-6-5(b)(1)(A) of the Land
Use Code and the definition of “Brewery,” which require the total restaurant and taproom
area not to exceed 30% of total floor area).
Figure 5: Zoning Map
Figure 6: Proposed Site Plan
Item 5B - 4910 Nautilus
The applicant has indicated that the request to expand the outdoor seating is largely a
response to changes in the marketplace brought about by the Covid-19 pandemic and the
resulting desire among customers for more outdoor seating. No changes to the interior of
the existing building are proposed, and no changes to the approved management plan or
hours of operation are proposed. The proposed outdoor seating area expansion would bring
the total required parking for the development to 314 spaces, which, incorporating the
previously approved deferral of 54 parking spaces, results in a 30% parking reduction for
the site as whole (consistent with the 33% reduction granted through the original approval).
Refer to Attachment A for project plans.
Following the call-up by Planning Board on May 16, 2023, during which the Board
expressed concerns over the potential impacts of the proposed outdoor seating area on the
adjacent county-owned open space, staff spoke with two members of the Boulder County
Open Space staff familiar with the site. Boulder County staff indicated that the Twin
Lakes site does not contain any species of special concern but serves as habitat for bats, a
variety of birds, and various foraging animals. The staff members expressed the
following recommendations:
“Based on the wetland habitat values located ~175 feet to the SSE of the
outdoor seating area, we recommend that all lighting be downlit, to avoid
impacting known bat species foraging within Twin Lakes overall,
including the wetland. Additionally, landscaping strategies around the
outdoor seating area that can create a visual buffer from the wetland and
potential mitigation of noise, is recommended. This could include trees
and shrubs (evergreen if possible), tall flower planters, etc…
Figure 7: Site Plan Details
Item 5B - 4910 Nautilus
Additionally, the vegetation growing around the existing stormwater pond
on the Avery property should be encouraged, as possible, to allow for
maintenance/enhancement of this existing visual buffer between the Twin
lakes wetland, and the Avery outdoor seating.”
Based on these recommendations, staff has provided an additional Condition of Approval
for the Board’s consideration requiring that the applicant submit and receive approval of
a Final Landscaping Plan which provides for additional landscaping strategies around the
outdoor seating area that can create a visual buffer from the wetland and potential
mitigation of noise, as determined by city landscaping staff. Staff finds that the city’s
existing outdoor lighting regulations are sufficient to minimize lighting impacts.
Additionally, while the Boulder County staff did not express any concerns over the
proposed hours of operation, staff has provided another Condition of Approval for the
Board’s consideration restricting amplified music within the outdoor seating area from
10:00 am to 11:00 pm.
PROCESS
A Use Review is required in the IG zone for a restaurant with outdoor seating within 500
feet of a residential use module. Because the current proposal represents an expansion of
the previously approved restaurant use, a new Use Review is required. The associated
changes to the approved site plan are able to be reviewed through an Administrative
Minor Modification, which the applicant has submitted and is currently on hold pending
approval of this application. Use Review Applications are subject to the Use Review
criteria in Section 9-2-15(e), B.R.C. 1981. Refer to Attachment B for staff’s full analysis
of the Use Review Criteria. Per Section 9-2-15(k), B.R.C 1981, Use Reviews are subject
to call up by the Planning Board. Because this item was called up by the Planning Board
at their May 16, 2023 hearing, a final decision to approve, approve with conditions, or
deny the application will now be made at a public hearing and will be subject to call-up
by City Council.
ANALYSIS / KEY ISSUES
1. Is the proposed project consistent with the Use Review Criteria of the Land Use
Code section 9-2-15(e) including findings related to the use being reasonably
compatible with and having minimal negative impact on the use of nearby
properties?
Use Review Applications are subject to the Use Review criteria in Section 9-2-15(e),
B.R.C. 1981. The analysis of these criteria is found in Attachment B. Staff has
found the proposed project to be consistent with the Use Review criteria. Specifically,
the proposed expansion of the outdoor seating area provides a direct service to the
surrounding area by improving social distancing options for restaurant customers,
will have minimal negative impact on the use of nearby properties due to the existing
management plan and additional conditions proposed by staff, and will not change the
predominant character of the surrounding area, which has supported the existing
Avery brewing facility for nearly 10 years. In addition, the proposed expansion will
not significantly adversely affect the infrastructure of the surrounding area, as all of
Item 5B - 4910 Nautilus
the required infrastructure to serve the development is already in place. Refer to the
full analysis with the Use Review criteria provided in Attachment B.
RECOMMENDED CONDITIONS OF APPROVAL
1. The Applicant shall ensure that the development shall be in compliance with
all plans prepared by the Applicant on March 30, 2023 on file in the City of
Boulder Planning Department, except to the extent that the development may
be modified by the conditions of this approval. Further, the Applicant shall
ensure that the approved use is operated in compliance with the following
restrictions:
a. Size of the approved exterior restaurant use shall be limited to 8,942
square feet.
b. No amplified music shall be played within the approved outdoor seating
areas outside the hours of 10:00 am and 11:00 pm.
2. The Applicant shall comply with all previous conditions contained in any
previous approvals, except to the extent that any previous conditions may be
modified by this approval, including, but not limited to, the following:
a. The Development Agreement recorded at Reception No. 03298132; and
b. The Development Agreement recorded at Reception No. 03366842.
Phase 2 approved by the Planning Department on December 6, 2013,
under LUR2013-00063 was not substantially completed within the
required time frame and has expired pursuant to Section 9-2-12, B.R.C.
1981.
3. The Applicant shall not expand or modify the approved use, except pursuant
to Subsection 9-2-15(h), B.R.C. 1981.
4. As part of building permit application, the Applicant shall submit, and obtain
City Manager approval of, the following items:
a. 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
proposed, to ensure compliance with this approval and the City's
landscaping requirements. The plan shall include additional and
adequate landscaping around the outdoor seating area to provide a visual
buffer and mitigate noise impacts to the adjacent open space.
b. A detailed outdoor lighting plan showing location, size, and intensity
of illumination units, indicating compliance with section 9-9-16,
B.R.C.1981.
Item 5B - 4910 Nautilus
By:
Brad Mueller, Secretary to the Planning Board
ATTACHMENTS
Attachment A – Applicant’s proposed plans
Attachment B – Staff responses to review criteria
Item 5B - 4910 Nautilus
SHEET INDEXCV100COVER SHEETLS100GENERAL NOTES & SCHEDULESLS101MATERIALS & LAYOUT PLANSLS102OUTDOOR AMENITY AREA PLANLS501 SITE DETAILSLP101PLANTING PLANLP501PLANTING DETAILS & SCHEDULESSAMPLE KEYNOTE DRAWING CALL-OUT:SITE DETAIL KEYNOTES:1.1ENHANCED CONCRETE - BROOM FINISHX/LX-01321400PAVING & SURFACINGDETAIL/ SHEET/ SPEC SECTION1.0KEYNOTE HEADING(PROPOSED IMPROVEMENTSYSTEM)KEYNOTE CALL-OUTKEYNOTE (SYSTEM)ITEM & BRIEF DESCRIPTIONPRIMARY KEYNOTEDETAIL REFERENCESPECIFICATION REFERENCENOTE: MULTIPLE SECTIONS MAY BEREFERENCEDTHE FOLLOWING LIST OF KEYNOTE HEADINGS (PROPOSED IMPROVEMENT SYSTEMS) HAVEBEEN INCORPORATED WITHIN THIS DRAWING SET:NOTE: KEYNOTE LABELS DESCRIBE THE SITE DESIGN. DETAILS AREPROVIDED WHERE APPLICABLE AND INDICATED AS SUCH IN THE KEYNOTELEGEND UNDER THE 'DETAIL/ SHEET/ SPEC SECTION'1.0USING THE KEYNOTES'TYPICAL' - OCCURS ON PLAN MORETHAN ONCE, SEE LEGEND FORIDENTIFICATION4910 NAUTILUS CT.LAND USE REVIEW4910 NAUTILUS DRIVE, BOULDER, CO 80301LOT 1B TWIN LAKES TECH PARK FLG 4LOT AREA = 243,340 SQUARE FEET = 5.59 ACMARCH 30, 2023LUR2022- 00028SCALE: NTSVICINITY MAP0.0EXISTING CONDITIONS1.0PAVING & SURFACING2.0WALL, CURBS & EDGERS3.0RAILINGS, BARRIERS & FENCING4.0SITE FURNISHINGS & SIGNS5.0PLANTING & LANDSCAPE6.0SITE LIGHTING & ELECTRICALSITENAUTILUS CTGUNBARREL AVE63RD STREET
BOULDER WHITE ROCK DITCHDAVISRESERVOIR # 1NAUTILUS DRTYP.Project Number:Consultant:Drawn:CHChecked:CH / AB 210094910 NAUTILUS CT.
LAND USE REVIEW
4910 NAUTILUS CT, BOULDER, CO 80301 301 W 45th AvenueDenver, CO 80216www.flowdcla.comStamp:4910 NAUTILUS CTBOULDER, CO 80301Revision Record:No. Date: Description:Contents:Date:LAND USE REVIEW10/14/20221 06.07.2022 LUR2 10.14.2022 2ND SUBMITTAL3 01.13.2023 3RD SUBMITTALLUR2022-000284 03.30.2023 4TH SUBMITTALLUR2022-00028CV100COVER SHEETAttachment A - Applicant's Proposed Plans and Written Statement Item 5B - 4910 Nautilus
1.CONTRACTOR TO IMMEDIATELY NOTIFY THE LANDSCAPE ARCHITECT AND PROJECT MANAGER OF ANY DISCREPANCIES BETWEEN THE SITESURVEY AND ACTUAL SITE CONDITIONS.2.ADDITIONAL LAYOUT INFORMATION MAY BE PROVIDED TO THE CONTRACTOR PRIOR TO CONSTRUCTION AS NEEDED. ELECTRONIC FILESMAY BE OBTAINED BY THE CONTRACTOR FOR LAYOUT PURPOSES.3.FINAL LOCATION OF ALL SITE FURNISHINGS TO BE COORDINATED WITH LANDSCAPE ARCHITECT PRIOR TO FINAL INSTALLATION.4.WRITTEN DIMENSIONS SHALL PREVAIL. DO NOT SCALE DIRECTLY FROM DRAWINGS.5.ALL PAVED SURFACES SHALL HAVE SMOOTH, CONTINUOUS LINES OR CURVES AS INDICATED ON PLANS AND SHALL CONFORM TO GRADESINDICATED ON THE GRADING PLANS. ALL LINES OF PAVING TO BE PARALLEL UNLESS OTHERWISE NOTED6.ALL ANGLES TO MATCH THOSE NOTED ON DRAWING7.ADJUSTMENTS: IF THE CONTRACTOR BELIEVES IT IS NECESSARY TO MAKE AN ADJUSTMENT IN THE LAYOUT OF PROPOSEDIMPROVEMENTS, SUCH ADJUSTMENT SHALL BE PROPOSED TO THE OWNER'S REPRESENTATIVE. NO ADJUSTMENTS WILL BE PERMITTEDUNTIL IT HAS FIRST BEEN APPROVED BY THE OWNERS REPRESENTATIVE.1.A KICK-OFF MEETING WITH THE LANDSCAPE ARCHITECT IS REQUIRED PRIOR TO BEGINNING ANY SITE OR LANDSCAPE WORK.2.OBTAIN NECESSARY PERMITS FROM ALL JURISDICTIONS AS REQUIRED TO CONSTRUCT THE WORK OF THIS PROJECT. ALL WORK SHALL BE PERFORMED INACCORDANCE WITH PLANS APPROVED BY CITY OF BOULDER3.REFER TO SURVEY DRAWINGS AND OTHER AVAILABLE DOCUMENTS FOR PROPERTY LIMITS, EXISTING CONDITIONS, AND HORIZONTAL AND VERTICAL CONTROL.4.PROVIDE AND MAINTAIN UTILITY LOCATES DURING ALL PHASES OF WORK. DO NOT DAMAGE UTILITY LINES/STRUCTURES. NOTIFY OWNER'S REPRESENTATIVE OFANY DISCREPANCIES BEFORE STARTING ANY WORK. CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATION OF UNDERGROUND UTILITIES OR STRUCTURES,WHETHER OR NOT SHOWN OR DETAILED AND INSTALLED BY ANY OTHER CONTRACT.5.RESTORATION OF UTILITIES DAMAGED BY THE CONTRACTOR SHALL BE AT THE CONTRACTOR'S EXPENSE.6.THOROUGHLY REVIEW AND DOCUMENT THE SITE CONDITIONS PRIOR TO CONSTRUCTION.7.THOROUGHLY REVIEW DRAWINGS, AND TECHNICAL SPECIFICATIONS AND NOTIFY OWNER'S REPRESENTATIVE OF ANY DISCREPANCIES PRIOR TOCONSTRUCTION.8.CONSTRUCTION INSTALLATION, MATERIALS, TESTING, AND INSPECTION SHALL COMPLY WITH APPLICABLE CODES AND ORDINANCES.9.TAKE NECESSARY STEPS TO PROTECT AND MAINTAIN ALL FINISHED WORK FOR THE DURATION OF THE CONTRACT UNTIL FINAL ACCEPTANCE.10.CONTRACTOR SHALL PROVIDE ALL MOCK-UPS, SUBMITTALS AND SHOP DRAWINGS FOR APPROVAL PER SPECIFICATIONS PRIOR TO CONSTRUCTION.11.THE WORK OF THIS CONTRACT WILL NOT BE CONSIDERED COMPLETE UNTIL ALL AREAS HAVE BEEN CLEANED OF ALL DIRT AND DEBRIS AND ALL DAMAGEDITEMS ARE REPAIRED.12.THE CONTRACTOR SHALL BE SOLELY AND COMPLETELY RESPONSIBLE FOR THE SAFETY OF ALL PERSONS AND PROPERTY DURING PERFORMANCE OF THEWORK. THE CONTRACTOR SHALL PROVIDE ALL LIGHTS, SIGNS, BARRICADES, FLAGMEN, OR OTHER DEVICES NECESSARY TO PROVIDE FOR PUBLIC SAFETY. THISREQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS.13.THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE REMOVAL AND REPLACEMENT OF ALL MATERIALS WITHIN DEDICATED RIGHT-OF-WAYS AND ALL MATERIALSAND WORKMANSHIP SHALL MEET THE ROADWAY DESIGN AND CONSTRUCTION STANDARDS OF THE APPROPRIATE GOVERNING AGENCY.14.THE CONTRACTOR IS RESPONSIBLE FOR THE REPAIR, AT NO ADDITIONAL COST TO THE OWNER, FOR DAMAGE OF PROPERTY OUTSIDE OF THE LIMIT OF WORKINDICATED ON THE DRAWINGS, AND FOR ANY DAMAGE CAUSED TO SITE ELEMENTS THAT ARE TO BE PROTECTED OR REINSTALLED.1.BEFORE CONSTRUCTION, LOCATE ALL PUBLIC AND PRIVATE UNDERGROUND UTILITIES WITH RESPECTIVE UTILITY COMPANIES, ANDLOCATE IRRIGATION LINES AND WIRES.2.CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING ANY PERMITS OR LICENSES REQUIRED FOR THE PERFORMANCE OF THE WORK ASAPPLICABLE TO THIS PROJECT.3.ALL AT GRADE LANDSCAPE BEDS AND TURF AREAS ARE TO RECEIVE ORGANIC SOIL AMENDMENTS AT A RATE OF 4 CY/1000 S.F. OFLANDSCAPE AREA. AMENDMENTS ARE TO BE TILLED TO A DEPTH OF 6" AND FINE GRADED TO A SMOOTH SURFACE WITH POSITIVEDRAINAGE AWAY FROM ALL STRUCTURES. BUILT IN PLANTERS AND CONTAINERS ON STRUCTURE WILL BE FILLED WITH HYDROTECHLITETOP PLANTING MEDIUM.4.ALL LANDSCAPE BEDS, PLANTER AND CONTAINERS ARE TO BE MULCHED WITH A 4" MINIMUM LAYER OF SHREDDED CEDAR MULCH PERPLANS AND DETAILS.5.ALL PLANT MATERIAL SHALL MEET OR EXCEED CURRENT AMERICAN STANDARD FOR NURSERY STOCK ANSI Z60.1 AND THE COLORADONURSERY ACT AND ACCOMPANYING RULES AND REGULATIONS.6.STAKE ALL TREES AND SHRUBS BASED ON THESE DRAWINGS. EXACT LOCATIONS OF PLANT MATERIALS TO BE APPROVED BY THELANDSCAPE ARCHITECT IN THE FIELD PRIOR TO INSTALLATION. LANDSCAPE ARCHITECT RESERVES THE RIGHT TO ADJUST TO EXACTLOCATIONS IN THE FIELD.7.LANDSCAPE MATERIAL PLACEMENT SHALL NOT BE PLACED OR KEPT NEAR FIRE HYDRANTS, FIRE INLET CONNECTIONS OR FIREPROTECTION CONTROL VALVES OR KNOX BOXES IN A MANNER THAT WOULD PREVENT SUCH EQUIPMENT OR FIRE HYDRANTS FROM BEINGIMMEDIATELY DISCERNABLE. THE FIRE DEPARTMENT SHALL NOT BE DETERRED OR HINDERED FROM GAINING IMMEDIATE ACCESS TO FIREPROTECTION EQUIPMENT OR HYDRANTS.PLANTING NOTES1.LANDSCAPING SCHEDULE: (A) NOTHING SHALL BE PLANTED BETWEEN OCTOBER 15 AND MARCH 1 WITHOUT PRIOR WRITTEN APPROVALOF THE CITY. STOCK, OTHER THAN CONTAINER-GROWN STOCK, SHALL NOT BE PLANTED BETWEEN JUNE 1 AND SEPTEMBER 1 WITHOUTPRIOR WRITTEN APPROVAL OF THE CITY. BARE ROOT STOCK SHALL NOT BE PLANTED AFTER APRIL 30 OR IF PLANTS HAVE BEGUN TO LEAFOUT.2.NOTHING SHALL BE PLANTED DURING FREEZING OR EXCESSIVELY WINDY, HOT, OR WET WEATHER OR WHEN THE GROUND CONDITIONSCANNOT BE PROPERLY WORKED FOR DIGGING, MIXING, RAKING, OR GRADING. (C) NOTHING SHALL BE PLANTED UNTIL THE ADJACENT SITEIMPROVEMENTS, PAVEMENTS, IRRIGATION INSTALLATION AND FINISH GRADING IS COMPLETED. THE CONTRACTOR SHALL TEST THEIRRIGATION SYSTEM IN THE PRESENCE OF THE DIRECTOR. THE IRRIGATION SYSTEM SHALL BE IN APPROVED, OPERATING CONDITIONPRIOR TO ANY PLANTING.3.SITE PREPARATION AND ALL PLANTING SHALL BE COMPLETED, AT A MINIMUM, IN ACCORDANCE WITH THE CITY OF BOULDER DESIGN ANDCONSTRUCTION STANDARDS. SITE PREPARATION SHALL INCLUDE TILLING THE SOIL TO A MINIMUM DEPTH OF SIX INCHES BELOW THEFINISHED GRADE, TOGETHER WITH SOIL AMENDMENTS THAT ARE APPROPRIATE TO ENSURE THE HEALTH AND SUSTAINABILITY OF THELANDSCAPING TO BE PLANTED.4.TURF GRASS SHALL BE LIMITED TO A MAXIMUM OF 25 PERCENT OF ALL LANDSCAPE AREAS ON THE SITE.5.ALL PLANTING BEDS AND A 3-FOOT DIAMETER RING AT THE BASE OF EACH TREE WITHIN SOD OR SEEDED AREAS SHALL BE MULCHED WITHORGANIC MULCH AT LEAST 4” DEEP.6.GRAVEL, ROCK MULCH, OR CRUSHER FINES SHALL NOT BE USED UNDER TREES OR ANY PLANTING AREAS. ROCK OR GRAVEL MAY ONLYBE USED AS A SPECIFIC ORNAMENTAL FEATURE IN LIMITED AREAS (SUCH AS AT THE BOTTOM OF A DRAINAGE SWALE OR DRY RIVER BED)OR AS A PEDESTRIAN PATH OR PATIO.7.WEED BARRIER FABRIC SHALL NOT TO BE USED IN ANY PLANTING AREAS.8.ALL PLANTS SHALL BE GROUPED BY WATER NEEDS. A MINIMUM OF 75 PERCENT OF ALL LANDSCAPED AREAS (INCLUDING ANY TURFGRASS) MUST USE LOW TO MODERATE WATER DEMAND PLANTS. THE LANDSCAPE SHALL BE DESIGNED SO THAT, AT MATURITY, NOT MORETHAN 10 PERCENT OF THE LANDSCAPED AREA IS EXPOSED MULCH.9.ALL LANDSCAPE AREAS SHALL BE WATERED BY AN AUTOMATIC IRRIGATION SYSTEM. THE IRRIGATION SYSTEM MUST BE ZONED TODELIVER DIFFERENT APPROPRIATE AMOUNTS OF WATER TO DIFFERENT PLANT ZONES. THE SITE SHOULD BE IRRIGATED WITH DRIPIRRIGATION, BUBBLER, OR MICRO-SPRAY SYSTEMS. ALL TREES WILL BE ZONED SEPARATELY FROM TURF GRASS. ALL IRRIGATION ZONESSHALL USE A SMART SYSTEM THAT ADJUSTS FOR RAINFALL, SOIL MOISTURE, AND OTHER WEATHER FACTORS.10.PROTECTIVE MAINTENANCE: AN APPLICANT FOR CONSTRUCTION APPROVAL SHALL PROVIDE MAINTENANCE AND CARE FOR ALL EXISTINGTREES REQUIRED TO BE PROTECTED IN THE PUBLIC RIGHT-OF- WAY ADJACENT TO ANY PROJECT OR CONSTRUCTION SITE DURINGCONSTRUCTION ACTIVITIES AND THE PUBLIC IMPROVEMENT WARRANTY PERIOD TO ENSURE THAT EXISTING TREES SURVIVE AND ARENOT DAMAGED. REFER TO CHAPTER 3 OF THE DESIGN AND CONSTRUCTION STANDARDS FOR ALL TREE PROTECTION REQUIREMENTS.(ONLY APPLICABLE TO EXISTING PUBLIC STREET TREES OR EXISTING PRIVATE TREES THAT WILL MEET THE STREET TREE REQUIREMENTSOF SECTION 9-9-13 BRC 1981)11.ALL NEW TREES SHALL BE LOCATED A MINIMUM OF 10' FROM ANY EXISTING WATER OR SEWER UTILITY LINES OR FROM LIGHT POLES OROVERHEAD UTILITY POLES. ALL NEW UTILITY LINES SHALL BE LOCATED A MINIMUM OF 10' FROM ANY EXISTING PUBLIC STREET TREE.CITY OF BOULDER LANDSCAPE NOTESGENERAL LANDSCAPE SITE NOTESLAYOUT NOTESPARKING REQUIREMENTS (APPROVED LUR2012-00012)DEFINED AREA WITHIN BUILDINGSQUAREFOOTAGEAPPLIED TO IGPARKING RATIO1:400NUMBER OFRESTAURANT SEATSPARKING SPACES PER C.O.BFLOOR AREA REQUIREMENT(1:400 SF RATIO, BRC TABLE9-3), OR (1:3 SEATS, BRCTABLE 9-4 AND OUTDOORREQUIREMENTS (BRC TABLE9-4 b)PROVIDED PARKING(LUR2012-00012)PERCENTAGEDEFERRED PARKINGPERCENTAGEPARKING REDUCTIONINDOOR RESTAURANT SEATING 1ST FLOOR14448 SPACESINDOOR RESTAURANT SEATING 2ND FLOOR10535 SPACESTOTAL INDOOR RESTAURANT SEATS24983 SPACESOUTDOOR SEATING (1ST& 2ND FLOORS)10024 SPACESFLOOR AREA PHASE I (EXCLUDING RESTAURANT)68,921 SF172 SPACESFLOOR AREA PHASE II (EXCLUDING RESTAURANT)19,717 SF50 SPACESPARKING TOTALS329 SPACES220 SPACES24.5% (54 SPACES)33%BICYCLE PARKING TOTALS40 SPACES40 SPACESACCESSIBLE PARKING TOTALS8 SPACES8 SPACESPROPOSED PARKING REQUIREMENTS (LUR2022-00028)DEFINED AREA WITHIN BUILDINGSQUAREFOOTAGEAPPLIED TO IGPARKING RATIO1:400NUMBER OFRESTAURANT SEATSPARKING SPACES PER C.O.BFLOOR AREA REQUIREMENT(1:400 SF RATIO, BRC TABLE9-3), OR (1:3 SEATS, BRCTABLE 9-4 AND OUTDOORREQUIREMENTS (BRC TABLE9-4 b)PROPOSED PARKING(LUR2022-00028)PERCENTAGEDEFERRED PARKINGPERCENTAGEPARKING REDUCTIONINDOOR RESTAURANT SEATING 1ST FLOOR14448 SPACESINDOOR RESTAURANT SEATING 2ND FLOOR10535 SPACESTOTAL INDOOR RESTAURANT SEATS24983 SPACESOUTDOOR SEATING (1ST& 2ND FLOORS)22976 SPACES* FLOOR AREA PHASE I (EXCLUDING RESTAURANT)68,921 SF172 SPACES20% ALLOWABLE OF REDUCTION OF INDOOR SEATING PERC.O.B. SECTION 9-9-6(b)(50)(17) SPACESREQUIRED PARKING TOTALS314 SPACES220 SPACES24.5% (54 SPACES)30%BICYCLE PARKING TOTALS40 SPACES76 SPACESACCESSIBLE PARKING TOTALS8 SPACES8 SPACES*AVERY BREWING DOES NOT HAVE LONG TERM PLANS TO DEVELOP THE PHASE II PORTION AS PROPOSED IN LUR2012-00012USEINDOOR FLOOR AREA(Sq. Ft.)PERCENT of TOTAL INDOORFLOOR AREABREWERY65,921 SF88.8%INDOOR RESTAURANT5,274 SF7.1%GIFT SHOP3,000 SF4%TOTAL74,195 SF100%OUTDOOR SEATING AREAEXISTING OUTDOOR SEATING1,880 SF2.5%PROPOSED OUTDOOR SEATING7,062 SF9.5%TOTAL8,942 SF12%TOTAL NON-BREWERY AREA (GIFT SHOP, RESTAURANTINCLUDING INDOOR AND OUTDOOR SEATING17,216 SF* 23.2%* COMPLIES WITH SECTION 9-6-5(b)(2)(A)(ii) AND DEFINITION OF "BREWERY" WHICH REQUIRE TOTAL RESTAURANT AND TAPROOMAREA NOT TO EXCEED 30% OF TOTAL FLOOR AREAProject Number:Consultant:Drawn:CHChecked:CH / AB 210094910 NAUTILUS CT.
LAND USE REVIEW
4910 NAUTILUS CT, BOULDER, CO 80301 301 W 45th AvenueDenver, CO 80216www.flowdcla.comStamp:4910 NAUTILUS CTBOULDER, CO 80301Revision Record:No. Date: Description:Contents:Date:LAND USE REVIEW10/14/20221 06.07.2022 LUR2 10.14.2022 2ND SUBMITTAL3 01.13.2023 3RD SUBMITTALLUR2022-000284 03.30.2023 4TH SUBMITTALLUR2022-00028LS100GENERALNOTES &SCHEDULEAttachment A - Applicant's Proposed Plans and Written Statement Item 5B - 4910 Nautilus
EXISTINGOUTDOOR DININGNAUTILUS DRIVE1.23.24.23.10.34.60.20.20.40.90.125.13.34.44.74.23.23.34.43.24.24.34.43.11.20.40.80.70.40.40.110.110.6TYP.TYP.TYP.4.55.13.1TYP.TYP.TYP.TYP.0.51.14.64.5EXISTING WATER QUALITYEXISTING WESTPARKING LOTEXISTING R.O.W IMPROVEMENTSUTILITY EASEMENT (EXISTING)EMERGENCY ACCESS EASEMENT(EXISTING)RIGHT OF WAYN
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LAND USE REVIEW
4910 NAUTILUS CT, BOULDER, CO 80301 301 W 45th AvenueDenver, CO 80216www.flowdcla.comStamp:4910 NAUTILUS CTBOULDER, CO 80301Revision Record:No. Date: Description:Contents:Date:LAND USE REVIEW10/14/20221 06.07.2022 LUR2 10.14.2022 2ND SUBMITTAL3 01.13.2023 3RD SUBMITTALLUR2022-000284 03.30.2023 4TH SUBMITTALLUR2022-00028LS101SITE &MATERIALSPLANNORTH0'5' 10' 20'Attachment A - Applicant's Proposed Plans and Written Statement Item 5B - 4910 Nautilus
EXISTING BUILDING(PHASE 1 SITE REVIEW)1,880 SF7,062 SFEXISTINGPATIOPROPOSEDEXPANDED PATIO & GARDENUSEINDOOR FLOOR AREA(Sq. Ft.)PERCENT of TOTAL INDOORFLOOR AREABREWERY65,921 SF88.8%INDOOR RESTAURANT5,274 SF7.1%GIFT SHOP3,000 SF4%TOTAL74,195 SF100%OUTDOOR SEATING AREAEXISTING OUTDOOR SEATING1,880 SF2.5%PROPOSED OUTDOOR SEATING7,062 SF9.5%TOTAL8,942 SF12%TOTAL NON-BREWERY AREA (GIFT SHOP, RESTAURANTINCLUDING INDOOR AND OUTDOOR SEATING17,216 SF* 23.2%* COMPLIES WITH SECTION 9-6-5(b)(2)(A)(ii) AND DEFINITION OF "BREWERY" WHICH REQUIRE TOTAL RESTAURANT AND TAPROOMAREA NOT TO EXCEED 30% OF TOTAL FLOOR AREAProject Number:Consultant:Drawn:CHChecked:CH / AB 210094910 NAUTILUS CT.
LAND USE REVIEW
4910 NAUTILUS CT, BOULDER, CO 80301 301 W 45th AvenueDenver, CO 80216www.flowdcla.comStamp:4910 NAUTILUS CTBOULDER, CO 80301Revision Record:No. Date: Description:Contents:Date:LAND USE REVIEW10/14/20221 06.07.2022 LUR2 10.14.2022 2ND SUBMITTAL3 01.13.2023 3RD SUBMITTALLUR2022-000284 03.30.2023 4TH SUBMITTALLUR2022-00028LS102AMENITYAREA PLANNORTH0'5' 10' 20'Attachment A - Applicant's Proposed Plans and Written Statement Item 5B - 4910 Nautilus
TYPICAL ISO VIEWELEVATIONSCALE:BIKE RACK - COB DCS DETAILS 2.52A & 2.52BN.T.SNOTES:DIMENSIONS:1. HEIGHT-33'' FROM THE GROUND2. CONTINUOUS BEND INSIDE RADIUS=7''MATERIALS AND CONSTRUCTION:1. MINIMUM OR 1 1/4'' SCHEDULE 40 STEEL PIPE (1 5/8'' OUTSIDE DIAMETER)2. MAXIMUM 1 1/2" SCHEDULE 40 STEEL PIPE (2'' OUTSIDE DIAMETER)3. SOLID ONE-PIECE CONSTRUCTION; CONTINUOUS BEND; LEGS 14''-18'' APART4. BLACK POWDER COAT FINISH5. FLUSH MOUNTED WITH WELDED BASE PLATES (6'' DIAMETER, 3/16'' THICK BASE PLATE). HIDDEN OR VANDAL-RESISTANT FASTENERS (SCREWS OREXPANSION BOLTS)FLUSH-MOUNT BASEPLATETYP.3/16"3/16"6"33" 7" INSIDERADIUS7/16" HOLE(TYP.)BASEPLATE DETAIL(TYP.)1"120° (TYP.)2'-4"*2'**4'6" CONCRETE PADINVERTED-U RACK6
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*2'**INVERTED-U RACK3'-4" MINIMUM WHEN INSTALLEDPERPENDICULAR TO A WALL OR CURB.NOTES:EXPOSED CONCRETE SURFACE TO BE BROOMFINISHED.PAD SIZE MAY VARY AS DIRECTED BY THEENGINEER.PAD IS TO BE CONSTRUCTED WITH CLASS BCONCRETE.EXCAVATION AND/OR EMBANKMENT REQUIRED FORPAD CONSTRUCTION WILL NOT BE PAID FORSEPERATELY, BUT SHALL BE INCLUDED IN THECOST OF THE PAD. CONCRETE SHALL BE SLOPEDAT 2% TO DRAIN.*SIDE-BY-SIDEEND-TO-END3' MINIMUM WHEN INSTALLED PARALLELTO A WALL OR CURB. 5' MINIMUMSEPARATION FROM CURB FACE WHENINSTALLED ADJACENT TO A CURB WITH"HEAD-IN" AUTOMOBILE PARKING.**10' MINIMUM IF MORE THAN TWO "U"RACKS IN A SERIES.***SCALE:PRE-CAST CONCRETE WALL1"-1'-0"SECTIONCOMPACTED SUBGRADE1"X1"X45° CHAMFER TYP95% COMPACTED AGGREGATESUBBASE6"ADJACENT SURFACING - SEE PLANSEXPANSION JOINT BETWEEN BENCH &CONCRETE PAVING1-1.5%3/4"3/4"3/4" CHAMFERENLARGEMENTN.T.S.18"ADJACENT SURFACING-SEE PLANS18"4"NOTES:1. RE: PLAN FOR LAYOUT2. PROVIDE SHOP DRAWINGS9°SCALE:BAR COUNTER3/4" = 1' - 0"FILENAME3'-6"8'-0"2" MIN.FRONT ELEVATIONSIDE ELEVATIONNOTE:1. RE: PLAN FOR LAYOUT2. FIELD WELD ALL CONNECTIONS3. GRIND ALL WELDS SMOOTH4. FIELD PAINT METAL - MATTE BLACK2 X 4 CEDAR BOARD1 X 6 CEDAR BOARDS, TYP.4 " SQUARE STEEL POST, TYP.1 12 " SQAURE STEEL TUBESTEEL PLATESTEEL PLATE1 12 " SQAURE STEEL TUBE4 " SQUARE STEEL POST, TYP.2 X 4 CEDAR BOARDS2 X 4 CEDAR BOARDS2 X 4 CEDAR BOARDSCALE:LOW STEEL FENCE3/4" = 1' - 0"FILENAME3'-6"8'-0"7 1/4", TYP.2 X 4 CEDAR BOARD1 " SQUARE STEEL TUBE, TYP.4 " SQUARE STEEL POST, TYP.NOTE:1. FIELD WELD ALL CONNECTIONS2. GRIND ALL WELDS SMOOTH3. FIELD PAINT METAL - MATTE BLACKProject Number:Consultant:Drawn:CHChecked:CH / AB 210094910 NAUTILUS CT.
LAND USE REVIEW
4910 NAUTILUS CT, BOULDER, CO 80301 301 W 45th AvenueDenver, CO 80216www.flowdcla.comStamp:4910 NAUTILUS CTBOULDER, CO 80301Revision Record:No. Date: Description:Contents:Date:LAND USE REVIEW10/14/20221 06.07.2022 LUR2 10.14.2022 2ND SUBMITTAL3 01.13.2023 3RD SUBMITTALLUR2022-000284 03.30.2023 4TH SUBMITTALLUR2022-00028LS501SITE DETAILSABDCAttachment A - Applicant's Proposed Plans and Written Statement Item 5B - 4910 Nautilus
PLANTING PLAN LEGENDPROPOSED TREESPLANTING AREA (70% SHRUBS, 30%PERENNIALS & GRASSES)EXISTING IRRIGATED SODEXISTING TREE TO REMAIN , PROTECT IN PLACEEXISTING TREE TO BE REMOVEDEXISTINGOUTDOOR DININGNAUTILUS DRIVEEXISTING WATER QUALITYEXISTING WESTPARKING LOTEXISTING R.O.W IMPROVEMENTSUTILITY EASEMENT (EXISTING)EMERGENCY ACCESS EASEMENT(EXISTING)RIGHT OF WAYN
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LAND USE REVIEW
4910 NAUTILUS CT, BOULDER, CO 80301 301 W 45th AvenueDenver, CO 80216www.flowdcla.comStamp:4910 NAUTILUS CTBOULDER, CO 80301Revision Record:No. Date: Description:Contents:Date:LAND USE REVIEW10/14/20221 06.07.2022 LUR2 10.14.2022 2ND SUBMITTAL3 01.13.2023 3RD SUBMITTALLUR2022-000284 03.30.2023 4TH SUBMITTALLUR2022-00028LP101PLANTING PLANNORTH0'5' 10' 20'Attachment A - Applicant's Proposed Plans and Written Statement Item 5B - 4910 Nautilus
DECIDUOUS TREEOPPOSITE SIDE SAMEOPPOSITE SIDE SAMELCLCDRAWN BY: CHECKED BY:CITY OF BOULDER, COLORADOREVISED:ISSUED:DRAWING NO.JULY 2, 1998DECIDUOUS EVERGREENSHRUB SHRUBSPECIFICATIONSMULCHED, SOD-FREEBASE AROUNDBALL BALLEVERGREEN TREETRUNK PLUMB AND8" GREEN STEELTEE POSTS WITHBLADE ON TREESIDENOTES:RUN DOUBLE STRAND 12 GAUGEWIRE THROUGH GROMMETS IN 2''NYLON STRAP. RUN WIRE TO2. SEE SPECS FOR PLANTING OFPLANT PIT TWO TIMESLARGERTHAN BALLDIAMETER.ROOT BALLPLANT PITTWO TIMESLARGERTHAN BALLDIAMETER BACKFILLFINISH GRADE WITHSOD OR MULCH,BACKFILLREMOVE ALL FOREIGN MATERIALS FROM TRUNK AND BALLFOLD BACK TOP HALF OF UNTREATED BURLAPUNDISTURBED SUBGRADESRWTREES AND SHRUBSPLANTING DETAIL3.02DIRECTOR OF PUBLIC WORKSAPPROVED BY: STRAIGHT TREES PERPOST AND TWIST FOR SLIGHTVINES AND GROUND COVERS.3. DETAIL IS TYPICAL IN INTENT ONLY. TO BE 1''SEE PLANJSHROOT BALL TO BE2'' ABOVEFINISHEDGRADEABOVEFINISHEDGRADETENSION1. WRAP TRUNK WITH 4'' TREEWRAP PER SPECIFICATIONS.NWNW120TREES UNDER3'' CLPTREES 3''CLP AND UPSTAKING PLAN PROTECTIVE CAPSECURED TO STAKEOCT. 17, 2000SCALE:TREE AND SHRUBS PLANTING DETAILNTSPLANTS SHALL BE EQUALDISTANT APART (SEE PLANTLIST AND PLANT SPACINGDETAIL FOR SPACING)4" MIN. MULCH OVERENTIRE BED; DO NOTCOVER CROWNS OF PLANTSCONTINUOUSPLANTING BEDEXTENDINGUNDER PLANTS;USE SPECIFIEDPLANTING SOIL MIXSUBGRADE8" MIN.EQ.EQ.SCALE:ORNAMENTAL GRASS/PERENNIAL PLANTINGNTSHAC3CeltisoccidentalisWestern Hackberry2" CalPer PlanPLANT TYPE: DECIDUOUS TREESGenusSpeciesNo.Abbr.SpacingCommon NameMin. SizeRMG6Acergrandidentatum 'Schmidt'Rocky Mountain Glow Maple2" CalPer PlanPLANT TYPE: DECIDUOUS SHRUB PALETTEGenusSpeciesNo.Abbr.SpacingCommon NameMin. SizeALPXRibesalpinumAlpine Currant5 GalPer PlanMKLXSyringapatula 'Miss Kim'Miss Kim Lilac5 GalPer PlanPYGXPotentillafruticosa 'Yellow Gem'Yellow Gem Potentilla5 GalPer PlanWSCXPrunus besseyi Western Sand Cherry5 GalPer PlanLMSXSpiraeax bumalda 'Limemound'Limemound Spirea5 GalPer PlanGLSXRhusaromatica 'Grow-Low'Gro- Low Fragrant Sumac5 GalPer PlanNWRXRosax 'Nearly Wild'Nearly Wild Rose5 GalPer PlanAVGXHelictotrichonsempervirensBlue Avena Grass1 GalPer PlanBLOXBoutelouagracillisBlonde Ambition Blue Grama Grass1 GalPer PlanRSGXPanicumvirgatum 'Shenandoah'Red Switch Grass1 GalPer PlanFRGXCalamagrostis acutiflora 'Karl forester'Karl Forester Feather Reed Grass1 GalPer PlanDDYXHemerocallis 'Stella D'Oro'Stella D'oro Daylily1 GalPer PlanRGDXRudbeckiafulgida 'goldsturm'Black Eyed Susan1 GalPer PlanCFLXEchinaceapurpureaPurple Coneflower1 GalPer PlanPLANT TYPE: PERENNIALS PALETTEGenusSpeciesNo.Abbr.SpacingCommon NameMin. SizeYAMXAchillea'Moonshine;Moonshine Yarrow1 GalPer PlanProject Number:Consultant:Drawn:CHChecked:CH / AB 210094910 NAUTILUS CT.
LAND USE REVIEW
4910 NAUTILUS CT, BOULDER, CO 80301 301 W 45th AvenueDenver, CO 80216www.flowdcla.comStamp:4910 NAUTILUS CTBOULDER, CO 80301Revision Record:No. Date: Description:Contents:Date:LAND USE REVIEW10/14/20221 06.07.2022 LUR2 10.14.2022 2ND SUBMITTAL3 01.13.2023 3RD SUBMITTALLUR2022-000284 03.30.2023 4TH SUBMITTALLUR2022-00028LP501PLANTINGDETAILS &SCHEDULESABAttachment A - Applicant's Proposed Plans and Written Statement Item 5B - 4910 Nautilus
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June 17, 2022
4910 Nautilus Ct. – Land Use Review
Written Statement
The Land Use Review (LUR) application is for a proposed expansion of the outdoor amenity space. There
are no proposed changes to the building. The developments Use Review and Site Review applications
(LUR2012-00012) were approved. The proposed outdoor amenity expansion meets the intent of the
previously approved plans and is compliant with the requirements found in section 9-2-15(e), listed and
justified below.
e) Criteria for Review: No use review application will be approved unless the approving
agency finds all of the following:
(1) Consistency With Zoning and Nonconformity: The use is consistent with the purpose of the zoning
district as set forth in Section 9-5-2 “Zoning Districts,” B.R.C. 1981, except in the case of a
nonconforming use;
The project is Zoned IG. The project was previously approved and is consistent with the prescribed
general use as set forth in Section 9-5-2 “Zoning Districts,” B.R.C. 1981.
(2) Rationale: The use either:
(A) Provides direct service or convenience to or reduces adverse impacts to the surrounding uses
or neighborhood;
(B) Provides a compatible transition between higher intensity and lower intensity uses;
(C) Is necessary to foster a specific city policy, as expressed in the Boulder Valley Comprehensive
Plan, including, without limitation, historic preservation, moderate income housing, residential
and non-residential mixed uses in appropriate locations and group living arrangements for
special populations;
(D) Is an existing legal nonconforming use or change thereto that is permitted under subsection
(f) of this section;
The proposed exterior improvements will reduce adverse impacts to the surrounding neighborhood by
reducing the overall water use with a large reduction in irrigated turf. In addition, the proposed plan
increases the overall tree canopy which has numerous proven environmental and sustainable benefits.
The layout, organization, access, drainage, and function will remain in conformance with the intent of
the approved site plan (LUR2012-00012). From an overall perspective the outdoor expansion will
enhance the experience for Avery Brewing Company patrons beyond what is currently being provided
while keeping open space intact.
The proposed improvements continue to support the Boulder Valley Comprehensive Plan through the
continued support of local business, providing upgrades to existing commercial and industrial areas, and
maybe most importantly, a responsiveness to changes in the marketplace. The recent pandemic has
quite possibly changed the way businesses operate in the realm of public safety. Development
regulations should reflect on the impacts that this pandemic has had on local businesses. The ability to
Attachment A - Applicant's Proposed Plans and Written Statement
Item 5B - 4910 Nautilus
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provide safer spaces for people to gather in an environment that also supports business and improves
the overall aesthetic of a community, is a win-win scenario.
(3) Compatibility: The location, size, design and operating characteristics of the proposed
development or change to existing development are such that the use will be reasonably compatible
with and have minimal negative impact on the use of nearby properties or for residential uses in
industrial zoning districts; the proposed development mitigates the potential negative impacts from
nearby properties;
As an enhancement to an already approved (LUR2012-00012) Use and Site Review application, the
proposed outdoor amenity expansion will improve the experience and lessen the impacts to nearby
property owners by reducing the overall water use with a significant reduction of irrigated turfgrass
while increasing the amount of shade tree canopy that provides a multitude of environmental benefits
to the surrounding community. The layering of said trees and understory plantings will also increase the
level of buffering to the nearby properties while improving the outdoor experience for patrons and
passersby. The proposed expansion is substantially consistent with the intent of the originally approved
Site Review and Use Review case number (LUR2012-00012).
(4) Infrastructure: As compared to development permitted under Section 9-6-1, “Schedule of
Permitted Land Uses,” B.R.C. 1981, in the zone, or as compared to the existing level of impact of a
nonconforming use, the proposed development will not significantly adversely affect the
infrastructure of the surrounding area, including , without limitation, water, wastewater, and storm
drainage utilities and streets;
This application does not propose adding, modifying, or moving any principle or accessory buildings
within an approved building envelope. The parking is proposed to remain unchanged. With a significant
reduction of irrigated turfgrass the impacts to water needs are also greatly reduced. Detention is
handled by the adjacent regional facility, and water quality is handled on-site through a variety of
treatment methods. The existing drainage and water quality features were originally designed with
intention of all phases of work being completed. Currently there are no plans for the Phase 2 building
additions or parking lot expansions. The proposed improvements are largely impervious with a
significant reduction of non-pervious surfacing from the previously approved Site Plan – (LUR2012-
00012).
No changes to the number of parking spaces required is anticipated with the outdoor expansion. The
total number of seats currently in use, is less than what was originally anticipated for ‘Indoor’ and
‘Outdoor Dining’ with the LUR2012-00012 Site Review Plans. A detailed table is provided in the plans
that demonstrates that adequate parking is already provided on site
(5) Character of Area: The use will not change the predominant character of the surrounding area or
the character established and adopted design guidelines or plans for the area; and
The previously approved open space area will remain unchanged with this proposal. The expansion of
the outdoor amenity space will enhance the open space experience by including a mix of sun and shade.
Proposed vertical improvements are light and transparent in nature. The layering of proposed trees
and understory plantings will increase the level of buffering to the nearby properties while improving
the outdoor experience and is consistent with the existing landscape aesthetic.
Attachment A - Applicant's Proposed Plans and Written Statement
Item 5B - 4910 Nautilus
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(6) Conversion of Dwelling Units to Nonresidential Uses: There shall be a presumption against
approving the conversion of dwelling units in the residential zoning districts to nonresidential uses
that are allowed pursuant to a use review, or through the change of one nonconforming use to
another nonconforming 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, governmental
or recreational need in the community, including, without limitation, a use for a daycare center, park,
religious assembly, social service use, benevolent organization use, art or craft studio space, museum
or an educational use.
Does not apply.
Attachment A - Applicant's Proposed Plans and Written Statement
Item 5B - 4910 Nautilus
CRITERIA CHECKLIST AND COMMENT FORM
LUR2022-00028 – 4910 Nautilus Ct.
USE REVIEW
SECTION 9-2-15
Criteria for Review: No use review application will be approved unless the approving
agency finds all of the following:
X (1) Consistency with Zoning and Non-Conformity: The use is consistent with the
purpose of the zoning district as set forth in Section 9-5-2(c), "Zoning Districts
Purposes," B.R.C. 1981, except in the case of a non-conforming use;
The project site is located within the IG zone district, defined as “General industrial
areas where a wide range of light industrial uses, including research and development,
manufacturing, service industrial uses, media production, storage, and other intensive
employment uses are located. Residential uses and other complementary uses may be
allowed in appropriate locations,” Section 9-5-2(c)(4)(B), B.R.C. 1981. Pursuant to
Table 6-1, a Brewery over 15,000 square feet that includes a restaurant with outdoor
seating within 500 feet of a residential use module is allowed pursuant to a Use Review.
Pursuant to Section 9-6-5(b)(1)(A), “any restaurant within the brewery, distillery, or
winery does not exceed thirty percent of the total floor area of the facility, or one
thousand square feet, whichever is greater, including any outdoor seating areas.” The
existing Brewery and restaurant use was approved in 2012 through Site and Use Review.
The proposal to expand the outdoor seating area constitutes an expansion of the approved
use and therefore requires approval of a new Use Review. The proposed expansion would
bring the total outdoor seating area to 8,942 square feet and the total non-brewery area in
the development (gift shop and restaurant including interior and exterior seating areas) to
17,216 square feet or 23.2% of the total indoor floor area (this complies with Section 9-6-
5(b)(1)(A) of the Land Use Code and the definition of “Brewery,” which require the total
restaurant and taproom area not to exceed 30% of total floor area).
X (2) Rationale: The use either:
X (A) Provides direct service or convenience to or reduces adverse impacts to
the surrounding uses or neighborhood;
Overall, the proposed outdoor seating expansion will enhance the
experience for Avery Brewing Company patrons beyond what is currently
being provided by allowing for customers to gather safely in an outdoor
environment subject to the existing management plan. Per the applicant’s
written statement, the request to expand the outdoor seating area is largely
a market-driven response to the Covid-19 pandemic, which has
permanently changed customer’s preferences with regards to social
distancing. Avery Brewing has been an iconic local business in Gunbarrel
Attachment B - Criteria Analysis
Item 5B - 4910 Nautilus
since it was constructed nearly 10 years ago, and this request seeks to
enhance their ability to serve customers in a safe and comfortable manner.
X 3) Compatibility: The location, size, design, and operating characteristics of the
proposed development or change to an existing development are such that the use will be
reasonably compatible with and have minimal negative impact on the use of nearby
properties or for residential uses in industrial zoning districts, the proposed development
reasonably mitigates the potential negative impacts from nearby properties;
As an expansion of the approved (LUR2012-00012) Use and Site Review application, the
proposed outdoor amenity expansion will improve the experience for customers and will
effectively “replace” the previously approved 20,000 square foot building expansion anticipated
as part of Phase 2 of the development, thereby reducing the overall parking requirement as well as
the overall size of the brewing facility from what was originally approved. The proposed
expansion will also reduce the overall water use with a significant reduction of irrigated turfgrass
while increasing the amount of shade tree canopy that provides a multitude of environmental
benefits to the surrounding community. The layering of said trees and understory plantings will
also increase the level of buffering to the nearby properties while improving the outdoor
experience for patrons and passersby. Over the nearly 10 years that this facility has been in place,
it has proven to be a much loved local business, and draws both local and regional customers.
Regarding the potential impacts of the proposed outdoor seating area on the adjacent
county-owned open space, staff spoke with Boulder County Open Space staff and, based on the
feedback provided, has provided an additional Condition of Approval for the Board’s
consideration requiring that the applicant submit and receive approval of a Final
Landscaping Plan which provides for additional landscaping strategies around the outdoor
seating area that can create a visual buffer from the wetland and potential mitigation of
noise, as determined by city landscaping staff. Staff finds that the city’s existing outdoor
lighting regulations are sufficient to minimize lighting impacts. Additionally, while the
Boulder County staff did not express any concerns over the proposed hours of operation,
staff has provided another Condition of Approval for the Board’s consideration restricting
amplified music within the outdoor seating area from 10:00 am to 11:00 pm.
X (4) Infrastructure: As compared to development permitted under Section 9-6-1,
"Schedule of Permitted Uses of Land," B.R.C. 1981, in the zone, or as compared to the
existing level of impact of a non-conforming use, the proposed development will not
significantly adversely affect the infrastructure of the surrounding area, including,
without limitation, water, wastewater, and storm drainage utilities and streets;
All of the infrastructure required to serve the development is already in place, and the
proposed outdoor seating expansion will not require any new infrastructure to be
constructed. This application does not propose adding, modifying, or moving any
principle or accessory buildings within the approved building envelope. The parking is
proposed to remain unchanged. With a significant reduction of irrigated turfgrass the
impacts to water needs are also greatly reduced. Detention is handled by the adjacent
regional facility, and water quality is handled on-site through a variety of treatment
methods. The existing drainage and water quality features were originally designed with
intention of all phases of work being completed. Currently there are no plans for the
Phase 2 building additions or parking lot expansions. The proposed improvements are
largely impervious with a significant reduction of non-pervious surfacing from the
previously approved Site Plan – (LUR2012-00012).
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Item 5B - 4910 Nautilus
X (5) Character of Area: The use will not change the predominant character of the
surrounding area or the character established by adopted design guidelines or plans for
the area; and
The existing Avery Brewing facility has been in place for nearly 10 years and has
become a much-loved local business in the Gunbarrel community. The existing
management plan will remain in place, and aside from the expanded outdoor seating area,
no other changes to the existing facility operations will occur as a result of this proposal.
Overall, the use will not change the character of the surrounding area, which is comprised
largely of industrial and office uses with daytime hours.
N/A (6) Conversion of Dwelling 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 9-5-2(c)(1)(a), 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, governmental, or recreational need in the community including, without
limitation, a use for a day care center, park, religious assembly, social service use,
benevolent organization use, art or craft studio space, museum, or an educational use.
Attachment B - Criteria Analysis
Item 5B - 4910 Nautilus