4 - Call Up: Denial - Spud Brothers Restaurant Use Review for 2010 10th St (LUR2008-00050) ' MEMORANDUM
TO: Planning Board
FROM: Charles Ferro, Case Manager
DATE: July 9, 2008
SUBJECT: CaII Up Item: Staff level disposititon of denial to extend the
closing time of Spud Brothers restaurant at 2010 10°i Street from
11:00 p.m. on Thursday through Saturday to 2:30 a.m. This denial
is subject to call-up no later than July 22, 2008.
Attached is the disposition of denial for Use Review application #LUR2008-00050. The initial
request was to allow Spud Brothers Restaurant to modifiy the hours of operation of the existing
936 square foot restaurant from 11:00 a.m. to 11:00 p.m. 7 days a week to 11:00 a.m. to ] 1:00
p.m. Sunday through Wednesday and 11:00 a.m. to 2:30 a.m. Thursday through Saturday. The
existing restanrant does not sell alcohol and has not proposed to add liquor sales as a part of the
application.
The site is zoned Downtown Two (DT-2). Per Section 9-6, B.R.C. 1981, restaurants that remain
open until 1 I:00 p.m. are required to complete a Conditional Use application. In February, 2008,
the applicaut received a staff level approval for a Condiotional Use application to remain open
until 11 p.m. seven days a week. Applications for Conditional Use are adminstrative and are not
subject to call-up by the Planning Board or the surrounding neighborhood. The applicant also
received a revocable lease permit for the installtion of an outdoor patio with 9 seats.
Restaurants in the DT-2 zone which close after 11 p.m. are required to undergo Use Review.
The applicant held the required neighborhood meeting on June 26, 2008. Six neighbors attended
the meeting and five attendees were opposed to the extended late-night hours of operation based
on impacts to the neighborhood. Staff also received several written correspondences from the
neighborhood opposing the proposed application as well two correspondences in support of the
proposed application. The applicant distributed a draft management plan to neighbors to
illustrate how impacts from ]ate-night hours of operation would be managed. Subsequent to the
neighborhood meeting on June 26, 2008, the applicant refined the proposed management plan
indicating a closing time of 130 a.m. All con~espondence received from the neighborhood as
well as the applicant's draft management plan are attached.
As indicated by the attached disposition of denial and analysis of the Use Review criteria found
in Section 9-2-15(e), B.R.C.,1981, staff found the proposed use inconsistent with the Usc
Review criteria based on the intent of the zone district as well as compatibility with the
established character of the area along ] 0°i Street (as all other restaurants close at or before 1 I
p.m.).
The Use Review proposal was denied by staff on July 8, 2008 and the decision maybe called up
before Planning Board on or before July 22, 2008. There is one Planning Board meeting within
the 14 day call up period on July 10, 2008.
Questions about the project or decision should be directed to the Case Manager, Charles Ferro at
(303) 441-4012 or ferroc~bouldercolorado.QOv
Attachments:
A: Vicinity and Zoning Map
B: Disposition of Denial dated July 8, 2008 and staff analysis of Use Review Criteria
C: Neighborhood Correspondence
D: Draft Management Plans dated June 26, 2008 and Jm~e 27, 2008
a
ATTACHMENT A
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City of Boulder Vicinity Map
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j Location: 2090 10th St ~~jj~~~~//~~
Cih> of
Project Name: Spud Brothers Restaurant
Review Type: Use Review T1~ Boulder
1 1 5 The iMOrmation depicted on Ihis map is provided
as graphical representation Doty. The City of Boultler
REVIEW NU tuber: LURZOOH-00050 - provltle~s no wa^ranty. expressed orimplied, as to
1 inch equals 300 feet the accuracy antl/or completeness of the InFOrma ion
ATTACHMENT B
CITY OF BOULDER
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 Chapter 9-2, B.R.C. 1981, as applied to
the proposed development.
DECISION: DENIAL
PROJECT NAME: SPUD BROTHERS RESTAURANT USE REVEIW
DESCRIPTION: Use review to modify hours of operation to allow Spud Brothers restaurant
to extend the closing time from 11:00 p.m. on Thursday through Saturday
to 2:30 a.m.
LOCATION: 2010 10`h Street
COOR: N03W07
LEGAL DESCRIPTION: See Attached
APPLICANT: Spud Bros/JR Simplot Co.
OWNER: Sax Family/Flagstaff Properties
APPLICATION: Use Review #LUR2008-00050
ZONING: Downtown-Two (DT-2)
CASE MANAGER: Charles Ferro
VESTED PROPERTY RIGHT: 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.
Denied On: ~ ~c~~-.y 2(•7(5'
Date
By:
~L-Beth McHeyser, Acting Planni 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: 22 ~ 2C,U ~
Address: 2010 10'" Street
USE REVIEW CRITERIA
(indicates compliance)
(1) Consistency with Zoning and Non-Conformity: The use is consistent
with the purpose of the zoning district as set forth in Section 9-2-1, "Zoning
Districts Established," B.R.C. 1981, except in the case of anon-conforming use;
Section 9-5-2(c)(3)(A), B.R.C. 1981 defines the Downtown-2 (DT-2) zone as
a transition area between the downtown and surrounding residential areas
where a wide range of retail, office, residential, and public uses are
permitted. A balance of new development with the maintenance and
renovation of existing buildings is anticipated, and where development and
redevelopment consistent with the established historic and urban design
character is encouraged.
The subject area of 10th Street is zoned Downtown-2 (DT-2) and is
considered a transition zone from the higher intensity commercial and
mixed-use activity along Pearl Street, into the lower intensity, residentially
zoned Mapleton Hill neighborhood located approximately 75 feet north of
the site. A few restaurants have recently been approved through the Use
Review process to operate after 11 p.m. in the immediate vicinity (Tahona,
Epazote, and Seven located at 1035 Pearl Street), however, all of the
approved late-night establishments are located along the more intensive
Pearl Street corridor and close between 1:30 and 2:00 a.m. All other
restaurants in the immediate area along 10th Street close by 11 p.m. (Sushi
Tora, Saxy's Cafe, The Oxygen Bar), therefore, staff finds the proposed use
inconsistent with the intent of the transitional nature of the DT-2 zone
district.
(2) Rationale: The use either:
(A) Provides direct service or convenience to or reduces adverse
impacts to the surrounding uses or neighborhood;
Restaurants provide a direct service to the surrounding
neighborhood by providing a variety of dining and
entertainment options, however, the impacts resulting from
late-night operations (discussed below) will likely result in
impacts on the surrounding residential properties.
(B) Provides a compatible transition between higher intensity and
lower intensity uses;
The subject area of 10th Street is zoned Downtown-2 (DT-2) and is
considered a transition zone from the higher intensity commercial and
y
mixed-use activity along Pearl Street, into the lower intensity, residentially
zoned Mapleton Hill neighborhood located approximately 75 feet north of
the site. A few restaurants have recently been approved through the Use
Review process to operate after 11p.m. in the immediate vicinity (Tahona,
Epazote, and Seven located at 1035 Pearl Street), however, all of the
approved late-night establishments are located along the more intensive
Pearl Street corridor and close between 1:30 and 2:00 a.m. All other
restaurants in the immediate area along 10~h Street close by 11p.m.
therefore, staff finds the proposed use inconsistent with the intent of the
transitional nature of the DT-2 zone district.
(C) Is necessary to foster a specific city policy, as expressed in the
Boulder Valley Comprehensive Plan (BVCP), including, without
limitation, historic preservation, moderate income housing,
residential and non-residential mixed uses in appropriate locations,
and group living arrangements for special populations; or
Section 5 of the BVCP encourages a productive retail base,
however, Section 2 of the BVCP contains several policies
regarding the protection neighborhood from impacts of non-
residential uses as well as the compatibility of adjacent land
uses.
Section 5 of the BVCP contains the following policies
regarding economic vitality and support for a productive retail
base:
5.01 Economic Vitality.
Economic vitality in Boulder will be pursued through a partnership
among the public, private and nonprofit sectors. The city's primary
contribution is through the provision of efficient processes and
procedures required for site development, the investment in
municipal infrastructure, and consideration of other initiatives on a
case-by-case basis. The city will adopt economic vitality programs
and strategies that foster innovation, enhance competitiveness and
expand markets.
The city and county will support a diversified employment base
within the Boulder Valley, reflecting labor force capabilities and
recognizing amenities for emphasizing scientific, technological and
related industries. Inclusion of elements in the economic vitality
program should enhance the community's role in the global and
domestic marketplace.
5.09 Vital and Productive Retail Base.
With Boulder's retail role in the region changing, the city and county
recognize the need for the city to actively support its retail base.
a) The city will update its land use regulations to encourage and
facilitate private reinvestment and redevelopment of its retail
centers. Particular emphasis will be focused on creating
opportunities for mixed use centers incorporating retail,
entertainment, office and residential uses served by transit.
b) The city will coordinate its Capital Improvements Program in a
manner where public infrastructure investments maybe completed
in conjunction with approved city adopted plans as incentives to
encourage private investments to occur.
c) The city will support coordinated public/private initiatives at the
regional activity centers, including downtown Boulder, University
Hill and the Boulder Valley Regional Center. It will also consider,
depending upon specific circumstances and opportunities/needs,
initiatives designed to facilitate mixed use development at
community retail centers where appropriate.
d) The city will develop and implement a retail strategy that will
address the market opportunities and shopping needs of the
community and identify strategies to improve the retail base and the
city's sales tax revenues.
Section 2 of the BVCP contains the following policies
regarding the protection neighborhood from impacts of non-
residential uses as well as the compatibility of adjacent land
uses:
2.13 Support for Residential Neighborhoods.
In its community design planning, the city will support and
strengthen its residential neighborhoods. The city will seek
appropriate building scale and compatible character of new
development or redevelopment, desired public facilities and mixed
commercial uses, and sensitively designed and sized rights-of--way.
2.17 Protection of Residential Neighborhoods Adjacent to
Non-residential Zones.
The city and county will take appropriate actions to ensure that the
character and livability of established residential neighborhoods will
not be undermined byspill-over impacts from adjacent regional or
community business zones or by incremental expansion of
business activities into residential areas. The city and county will
protect residential neighborhoods from intrusion ofnon-residential
uses by protecting edges and regulating the impacts of these uses
on neighborhoods.
2.18 Mixture of Complementary Land Uses.
The city and county will strongly encourage, consistent with other
land use policies, a variety of land uses in new developments. In
existing neighborhoods, a mixture of land use types, housing sizes
and lot sizes may be possible if properly mitigated and respectful of
neighborhood character. Wherever land uses are mixed, careful
design will be required in order to ensure compatibility, accessibility
and appropriate transitions between land uses that vary in intensity
and scale.
2.19 Compatibility of Adjacent Land Uses.
In order to avoid or minimize noise and visual conflicts between
adjacent land uses that vary widely in use intensity or other
characteristics, the city will use tools such as interface zones,
transitional areas, site and building design and cascading gradients
of density in the design of subareas and zoning districts. With
redevelopment, the transitional area should be within the zone of
more intense use.
N/A (D) Is an existing legal non-conforming use or a change thereto
that is permitted under subsection (e) of this section;
Not applicable. The use is not considered non-conforming.
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 noted above, the subject area of 10`h Street is zoned Downtown-2 (DT-2)
and is considered a transition zone from the higher intensity commercial
and mixed-use activity along Pearl Street, into the lower intensity,
residentially zoned Mapleton Hill neighborhood located approximately 75
feet north of the site. A few restaurants have recently been approved
through the Use Review process to operate after 11 p.m. in the immediate
vicinity (Tahona, Epazote, and Seven located at 1035 Pearl Street),
however, all of the approved late-night establishments are located along
the more intensive Pearl Street corridor and close between 1:30 and 2:00
a.m. All other restaurants in the immediate area along 10`h Street close by
11p.m. therefore, staff finds the proposed use inconsistent with the intent
of the transitional nature of the DT-2 zone district.
Based on the proximity of the proposed use (approximately 75 feet to the
nearest residential unit) staff and surrounding neighbors are concerned the
proposed late-night hours of operation will result in impacts on the
surrounding property from patio noise, trash removal, parking, noise, and
increased late-night local pedestrian and vehicular traffic. Additionally, the
proposed 1:30 and 2:30 a.m. closing times are comparable to the closing
times of the late-night establishments that operate along the more
intensive sections of Pearl Street.
(4) Infrastructure: As compared to development permitted under Section
9-3.1-1, "Schedule of Permitted Uses of Land," B.R.C. 1981, in the zone, or as
compared to the existing level of impact of anon-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;
While the use is not considered non-conforming, suitable infrastructure
exists to serve the proposed use.
(5) Character of Area: The use will not change the predominant character
of the surrounding area; and
The subject area of 10`n Street between Pearl and Spruce is considered a
transition area from the higher intensity commercial and mixed-use activity
along Pearl Street, into the lower intensity, residentially zoned Mapleton
Hill neighborhood located immediately north of the site. A few restaurants
have recently been approved through the Use Review process to operate
after 11p.m. in the immediate vicinity (Tahona, Epazote, and Seven located
at 1035 Pearl Street), however, all of the approved late-night restaurants are
located along the more intensive commercial area of Pearl Street and close
between 1:30 and 2 a.m., additionally, all adjacent restaurants along 10cn
Street close at or before 11 p.m. (Sushi Tora, Saxy's Cafe, The Oxygen Bar),
therefore, staff finds the proposed use inconsistent with the intent of the
transitional nature of the DT-2 zone district as well as the established
character of the subject area of 10th Street.
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 9-3.1-1(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.
Not applicable. The proposed application does not involve the conversion
of dwelling units to non-residential uses.
~D
7/9/2008 Charles Ferro - 2010 10th Street - S ud Brothers ATTACHMENT C
,~,..~._._,s_) ,~.~..~.~__~.,________.~.__-_P _
From: "William Horton Consulting'
To: <ferroc@bouldercolorado.gov>
Date: 6/6/2008 12:54 PM
Subject: 2010 10th Street -Spud Brothers
Hello,
We received the notice for a hearing on the change of hours for Spud
Brothers restaurant.
Our big concerns for any restaurant in this area are noise and parking.
Spruce Street is already an adjunct parking lot for all the bars and
restaurants on and near the Mall. There is constant traffic of people
trolling for parking spaces throughout the evening. There needs to be a
connection between the number of service establishments and the availability
of OFF-STREET parking.
As for noise, starting on Wednesday evening, there is always a loud drone
when the bars and restaurants close at 2:30 am. People talking, yelling, and
staggering back to their cars on our street make ALOT of noise. No kidding,
you'd be surprised.
So, no. 11 to 11 is plenty of time to sell the spuds. Wasn't this issue
addressed at the initial neighborhood meeting?
Thanks for the opportunity to comment on this issue.
William and Katherine Horton
Concerned neighbors within 600 feet
838 Spruce Street
Boulder, CO 80302
303-545-6964 (voice)
303-447-0366 (fax)
www.horton.com
'I
_
(7/9/2008 Charles Ferro -Spud Brothers _ - _ _
From: Sarah Larrabee • »
To: <ferroc@bouldercolorado.gov>
Date: 6/13/2008 8:19 AM
Subject: Spud Brothers
Not a rowdy bunch- let them stay open and see if it works...) see no problem.
Let's support the entrepreneurial spirit that Boulder is famous for!
Sarah Larrabee
It's easy to add contacts from Facebook and other social sites through Windows Live TM Messenger. Learn
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(7/9/2008) Charles Ferro -Spud Brothers request
-From: "sandy h"
To: <ferroc@bouldercolorado.gov>
Date: 6/17/2008 4:23 PM
Subject: Spud Brothers request
To: Charles Ferro
I live at 910 Spruce Street.
I am against Spud Brothers restaurant request to extend their closing hours Thursday through Saturday
from 11 p.m. to 2:30 a.m. This will bring additional unwanted traffic, congestion and noise to our nearby
residential area that already has enough restaurant disruption.
Thank you for considering the quality of life concerns of the existing neighborhood over the monetary
avarice of yet another new restaurant.
Sandy Hale
303-442-6118
sandy h
?3
.,(7/9/2008) Charles Ferro -Spud Bros late night _ F
From: "Collinge, Susan" _
To: "Charles Ferro" <Ferroc@bouldercolorado.gov>
Date: 6/25/2008 9:56 AM
Subject: Spud Bros late night
Charles,
Here are some positive comments we received from a customer regarding
our late night proposal.
Susan Collinge
R&D Director
JR Simplot Co.
Gate 1, Hwy 19 W of City
Caldwell, ID 83605
phone:208-454-4638
fax: 208-454-4636
cell: 208-250-5907
From: Gregg Le Blanc i]
Sent: Tuesday, June 24, 2008 8:45 PM
To: James Rinker
Subject: Re: Thanks from spud tiros
That's great news!
You know, there are a lot of hungry actors up here on The Hill at the
Colorado Shakespeare Festival that need some starchy goodness after
rehearsal. The problem is that many rehearsals get out after 11 PM (and
the shows certainly do since they start at 830PM most nights).
I hope that "stay open late" pass gets approved soon!
We'll see you real soon no matter what! Mmmm... taters!
TTFN
Gregg
From: James Rinker <mailto:james@spud-bros.com>
~ G~
e..
(7/9/2008) Charles Ferro-Spud Bros late night
Sent: Tuesday, June 24, 2008 8:15 PM
To:
Subject: Thanks from spud bros
Greg,
Thanks for your comments we have gotten some sweet potatoes in and are
doing some sample recipes, we also now have some salt with Italian
herbs. Olive oil and garlic is a great idea we will look into getting
some and adding it to the menu. Thanks again for your feedback we hope
to see you back again soon.
-Erin and James at Spud Bros
James Rinker
General Manager
Spud Brothers
2010 10th Street
Boulder, Colorado 80302
303-444-1836
303-444-2187
(7/9/2008) Charles Ferro - FW: Strong Objec4iori to Expanded Hours at Spud Brothers Restuarant Page 1
From: Brad Farkas
To: "ferroc@bouldercolorado.gov" <ferroc@bouldercolorado.gov>
Date: 6!25/2008 12:44 PM
Subject: FW: Strong Objection to Expanded Hours at Spud Brothers Restuarant
From: Brad Farkas
Sent: Tuesday, June 24, 2008 2:41 PM
To: 'ferroc@bouldercolorado.com'
Cc: Carla Morrison; Catherine Snhwainar
Subject: Strong Objection to Expanded Hours at Spud Brothers Restuarant
Dear Mr. Ferro,
I won't be able to attend the June 26th neighborhood meeting, so instead wanted to drop you a note on
the proposed topic. As I live around the corner from 2010 10th street, I must object strenuously to
expanding to 2:30AM the operating hours of a restaurant that is quite literally steps from what is now a
quiet residential neighborhood. Please note that I am generally in favor of commerce, and welcomed
both Spud Brothers and the other 2 restaurants that opened within the last 24 months just down the street.
However my neighbors and I did so with the assurances that these establishments would shut down at
11 PM and would therefore not detract from the peace and tranquility of the neighborhood.
There can be no dispute as to whether expanding Spud Brothers hours will adversely affect the
neighborhood. Since the restaurant is basically a fast food joint with very limited internal seating, most
patrons already loiter about the block to consume their purchases. However, if this were to become one
of the very few late night refuges for college students (their primary demographic) seeking late night
munchies and a place to hang out, the noise and disruption that would result would be extremely
unpleasant. Furthermore, once Spud Brothers is granted such an extension in hours, it is inevitable that
the 10 other eating establishments located within a hundred feet of it would request the same,
transforming our once peaceful neighborhood into a boisterous late night venue.
I implore you and the board not to allow this to happen, and to respect the fact that the neighborhood has
been supportive of the greatly expanded number of restaurants on West Pearl street based in no small
part on the city and the establishments' own representations that the hours of operation would remain
reasonable.
Thanks,
Brad Farkas
1019 Spruce Street
j ~D
(7!9/2008) Charles Ferro -Spud Brother Extended Hours of Operation
From: Larry Lackey _ _
To: <ferroc@bouldercolorado.gov>
Date: 6/26/20081:11 AM
Subject: Spud Brother Extended Hours of Operation
CC: <MapletonHillNeighborhood@yahoogroups.com>
Dear Mr. Ferro,
Because of work travel I will not return in time Thursday for the neighborhood meeting.
Living on the same block and same street (10th Street) as the applicant, I am concerned about keeping a
true transitional zone between Pearl Street and residential areas separated by only an alley.
Until recently the businesses on 10th Street were quiet and conducted their business indoors. This was
broken with the cafe on the alley and then with normally more people outside than inside at Spud
Brothers.
The result for those of us unfortunate enough to live on the same street is:
Trash in our yards
People eating on our porches
People blocking the sidewalk
Additional noise, especially in the evening. Late night fights on 10th street are already all too common.
For these reasons I strong oppose extended hours and outside operations in these transitional areas as
they continue to destroy the residential character of the immediately adjacent historic district.
Thank you,
Larry
1002 Spruce Street
Boulder, CO 80302
303 786 9298
(7/9/2008) Charles Ferro - RE: Spud Brothers Use ,Review Application - 2010.10th street
From: ford brown a
To: Charles Ferro ~ferroc@bouldercolorado.gov>
Date: 7/1/2008 11:25 PM
Subject: RE: Spud Brothers Use Review Application - 2010 10th street
Hi Charles,
thanks for forwarding the revised management plan... I had a couple of thoughts and afterthoughts that I
wanted to share with you...
IMPACT AND TRAFFIC:
W e all know that most of the business opportunity for Spud Bros. will be in orders taken as the bars
close... In other words, there will be light customer flow from midnight to 1 am and then business will spike
as people leave the bars near closing time. Currently all bars in this area announce last call at 1:15 and
have last call at 1:30. People begin to crowd west pearl street in this 15 minute window of time. Judging
by the business at the hamburger stand in front of Old Chicago, by my count last Friday night, app. 220
people were served between the hours of lam and 2am.. We will most likely have 60-80 people served by
Spud brothers between 1 am and 1:30 am... Please do not let Spud brothers extend their hours so they
can catch this spike of business.. The size of their restaurant and the configuration make it ill equipped to
handle such a crowd.
THIS PARTICULAR MANAGEMENT TEAM:
I am sure you have seen many restaurant and bar managers apply for these special use reviews and how
things turned out with them. Well, I only get a sense of forboding with this staff. This particular managment
team did not honestly listen to our neighborhood concerns. The did not offer any spontaneous
compromise and this revised management plan was only done at your gentle insistance. Please consider
how this manager responded to our specific complaints at the neighborhood meeting. This will be how he
handles us in the future.
LOITERING:
Spud Bros. management cant re-define what loitering is. Thats defined by local and state law. And
allowing these extended hours will contribute significantly to loitering in this area.
A PUBLIC OUTCRY FOR STAYING OPEN LATE:
Spud Bros. management has often cited enthusiastic customers wishing them to stay open later. 1 think
we all know that the reality is that yes, a few drunk people have banged on the window at 11:05 begging
for food. However, this sampling does not represent the public at large and should not be represented as
so.
Thank you Charles for looking at all sides of this issue. The bottom line is that Spud Bros. will succeed
with the current hours of operation. And right now, the way things are, they make a great fit in our
community. Lets keep it that way.
thanks again, Ford Brown 720-339-7243
Date: Mon, 30 Jun 2008 16:33:32 -0600From: Ferrnrnhn~ ~i,tA~~..i.,.~.~.. ~~~~T~
_ _ com;
7/9/2008 Charles Ferro - RE: S ud Brothers Use Review A lication - 2010 10th street Pa e 2
' ~ ) p - - pP- r - ~ - ~ _ - 9--
Dear Neighbor:
Thank you for taking the time to attend the neighborhood meeting last week regarding the hours of
operation at Spud Brothers. As discussed at the meeting, please find the attached revised management
plan addressing concerns heard by the applicant at the neighborhood meeting.
It would be helpful to have any neighborhood comments back to me by July 7, 2008.
Please feel free to contact me with any questions.
Best,
Charles
Charles Ferro, AICPSenior PlannerCity of Boulder -Planning and Development Services
Department303.441.4012 - Direct303.441.3241 -
Faxferroc@bouldercolorado.govwww. bouldercolorado.gov
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7/9/2008) Charles Ferro -Spud Brothers application
From: "sandy h"
To: <ferroc@bouldercolorado.gov>
Date: 7/2/2008 11:00 AM
Subject: Spud Brothers application
Hi Charles,
Thank you for the excellent manner in which you conducted the neighborhood meeting at Spud Brothers.
I echo the thoughts sent to you by Ford Brown.
I think that extending the restaurant hours beyond its current allowed 11 p.m will bring a considerable
increase in late night and early morning noise, traffic and congestion to an otherwise quiet street that will
adversely affect our residential neighborhood.
Thank you for your careful consideration of our concerns.
Sandy Hale
910 Spruce Street
303-442-6118
sandy h
vvny Wait? Move to EarthLink.
,
(7/9/2008) Charles Ferro - RE: Spud Brothers Use Review Application - 2010 10th street
From: ford brown ~ . -
To: Charles Ferro <ferroc@bouldercolorado.gov>
Date: 7/2/2008 1:19 PM
Subject: RE: Spud Brothers Use Review Application - 2010 10th street
Hi Charles, one other afterthought, I wish I wouldnt keep having these...:)
As you know, Sandy Hale and I are 3-4 houses down from Spud Bros. and you may have found it odd
that the more immediate neighbors didnt show up at the neighborhood meeting. I think Sandy and I are
the closest homeowners to this part of 10th street. The houses nearest to Spud Bros. are actually rental
units and I am sure that these tenants may not have known about the meeting or cared as much as the
long term residents. (For instance, if they are moving out in August) But I think its reasonable to assume
that whoever lives there after August will feel the same as we do, even though they may not have been
accurately represented at the meeting.
Thanks again for your consideration. Ford Brown
Date: Wed, 2 Jul 2008 08:07:10 -0600From: Ferroc@bouldercolorado.govTo:
fordbrown@hotmail.comSubject: RE: Spud Brothers Use Review Application - 2010 10th street
Ford:
Thank you for the input. I will include it in the file and forward it to the applicant.
Best,
Charles
Charles Ferro, AICPSenior PlannerCity of Boulder -Planning and Development Services
Department303.441.4012 - Direct303.441.3241 -
Faxferroc@bouldercolorado.govwww.bouldercolorado.gov»> ford brown <fordbrown@hotmail.com>
7/1/2008 11:23 PM »>Hi Charles, thanks for forwarding the revised management plan... I had a couple
of thoughts and afterthoughts that I wanted to share with you... IMPACT AND TRAFFIC: We all know that
most of the business opportunity for Spud Bros. will be in orders takan as the bars close... In other words,
there will be light customer flow from midnight to 1 am and then business will spike as people leave the
bars near closing time. Currently all bars in this area announce last call at 1:15 and have last call at 1:30.
People begin to crowd west pearl street in this 15 minute window of time. Judging by the business at the
hamburger stand in front of Old Chicago, by my count last Friday night, app. 220 people were served
between the hours of lam and 2am.. We will most likely have 60-80 people served by Spud brothers
between lam and 1:30 am... Please do not let Spud brothers extend their hours so they can catch this
spike of business.. The size of their restaurant and the configuration make it ill equipped to handle such a
crowd. THIS PARTICULAR MANAGEMENT TEAM: I am sure you have seen many restaurant and bar
managers apply for these special use reviews and how things turned out with them. Well, I only get a
sense of forboding with this staff. This particular managment team did not honestly listen to our
neighborhood concerns. The did not offer any spontaneous compromise and this revised management
plan was only done at your gentle insistance. Please consider how this manager responded to our specific
complaints at the neighborhood meeting. This will be how he handles us in the future. LOITERING: Spud
Bros. management cant re-define what loitering is. Thats defined by local and state law. And allowing
these extended hours will contribute significantly to loitering in this area. A PUBLIC OUTCRY FOR
STAYING OPEN LATE: Spud Bros. management has often cited enthusiastic customers wishing them to
stay open later. I think we all know that the reality is that yes, a few drunk people have banged on the
window at 11:05 begging for food. However, this sampling does not represent the public at large and
should not be represented as so. Thank you Charles for looking at all sides of this issue. The bottom line
is that Spud Bros. will succeed with the current hours of operation. And right now, the way things are, they
make a great fit in our community. Lets keep it that way. thanks again, Ford Brown 720-339-7243
719/2008) Charles Ferro - RE: Spud Brothers Use Review Application - 2010 ~Oth street ~
Date: Mon, 30 Jun 2008 16:33:32 -0600From: Ferroc@bouldercolorado.govTo: ; t;
ee@hotmail.com;
r5ub~ect: Spud Brothers Use Review Application - 2010 10th street
Dear Neighbor:
Thank you for taking the time to attend the neighborhood meeting last week regarding the hours of
operation at Spud Brothers. As discussed at the meeting, please find the attached revised management
plan addressing concerns heard by the applicant at the neighborhood meeting.
It would be helpful to have any neighborhood comments back to me by July 7, 2008.
Please feel free to contact me with any questions.
Best,
Charles
Charles Ferro, AICPSenior PlannerCity of Boulder -Planning and Development Services
Department303.441.4012 - Direct303.441.3241 -
Faxferroc@bould ercol orado. govwww. boulder col orad o. gov
The I'm Talkaton. Can 30-days of conversation change the world? Find out now.
Don't get caught with egg on your face. Play chicktionaryl
http://club.live.com/chicklionary.as px?icid=ch ick_wlhmtextl inkl _feb
a~
(719/2008) Charles Ferro- RE: Spud Brothers Use Review... afterthought #3
From: ford brown
To: Charles Ferro <ferroc@bouldercolorado.gov>
Date: 7/2/2008 8:50 PM
Subject: RE: Spud Brothers Use Review... afterthought #3
Hi Charles,
wow, i have to stop writing you! but i keep thinking of long term implications with this Spud Bros. special
use review.. no one really mentioned this the other day but wouldn't other businesses on 10th street near
Pearl (such as Saxy's Cafe and the Tonic Bar)...Wouldn't they have good cause to stay open till 1:30 am if
they wanted, because we allowed Spud Bros. to do so? I'm curious about that... if there is a precedent
being set with Spud Bros. and this block on 10th street..
Ok, thank you again for all your consideration.... Ford Brown
Date: Mon, 30 Jun 2008 16:33:32 -0600From: Ferroc(c~bouldercolorado.govTo:
_ lames.rinker@simplot.comSubject: Spud Brothers Use Review Application
- 2010 10th street
Dear Neighbor:
Thank you for taking the time to attend the neighborhood meeting last week regarding the hours of
operation at Spud Brothers. As discussed at the meeting, please find the attached revised management
plan addressing concerns heard by the applicant at the neighborhood meeting.
It would be helpful to have any neighborhood comments back to me by July 7, 2008.
Please feel free to contact me with any questions.
Best,
Charles
Charles Ferro, AICPSenior PlannerCity of Boulder -Planning and Development Services
Department303.441.4012 - Direct303.441.3241 -
Faxferroc@bouldercolorado.govwww. bouldercolorado. gov
Don't get caught with egg on your face. Play chicktionary!
http://clu b.live.com/chicktionary. aspx?icid=ch ick_wl hmtextl ink1 _feb
~3
ATTACHMENT D
1
Spud Bro. Restaurant
Proposed Management Plan
June 26, 2008
z ~I
Business description:
Spud Brothers is the product of many months of research across the United States,
Europe and Australia. It is a new concept, based on a strong connection to the
earth, our growers and our customers. Our fast casual menu is based on potatoes
and offers, as our tagline modestly states, "Just Maybe the World's greatest
Fries." Our potato dishes are garnished with gourmet sauces and toppings that
make them into indulgent snacks and meals. We make our products by hand and
proudly share the names and towns of our growers and the ingredients we use to
make our potato dishes. We also serve fresh-brewed ice teas and ice cold soft
drinks for our guests. Our food is primarily a take and go option where people
leave after receiving their food.
Hours of operation
Spud Bros. Restaurant has been operating from 11:00 AM till 11:00 PM, and
would not anticipate changing those hours Sunday through Wednesday. Thursday
through Saturday, we would like to serve late night customers as they exit
surrounding businesses, including those in our own building. Our intent is to
serve hungry customers as they leave the neighborhood, closing by 2:30 AM.
Client and visitor arrival and departure times
Spud Brothers operates with a small crew, usually just three employees. These
employees are expected to arrive around nine in the morning and be gone shortly
after closing. Patrons are already near us and currently congregate on the
sidewalks and street to socialize after closing. We offer an ideal late night snack
before they head home. We expect our quick service to meet the needs of these
customers, without changing their departure time.
Coordinated times for delivery and trash collection
Spud Bros. is working with our fellow tenants and suppliers to coordinate both
pickups and deliveries with existing routes and schedules, so that incremental
activity will be minimized. We will not have any deliveries in the late night hours
and will instruct our employees to make their last trip to the dumpster by
midnight.
Mitigation of noise impacts
Spud Brothers restaurant does not sponsor live entertainment or other noise
generating activities. Our restaurant has background music only, played through
ceiling speakers, located only inside our building. We have seating for nine
people on the sidewalk. Our total seating capacity inside and out is 19. The
sounds of conversation are already present, since customers are already in the
area. Our management team plans to manage noise by closing the windows to the
sidewalk if necessary. We will be not play outdoor music on the patio after 11PM
as required by the land use code.
~7
Security
Spud Bros. is equipped with security cameras, which act as a deterrent to negative
behaviors and security issues. We will never have employees working the open
store alone and will conform to the practices of our building in assuring safety and
security. We have observed that the Boulder police department patrols the area
regularly during our proposed hours of operation.
Drug and alcohol policy
Spud Bros. Restaurant does not serve alcohol and uniformly applies a zero
tolerance policy for drugs and alcohol. Adherence to this policy will continue to
be a condition of employment for all of our staff and management. This includes
drug screening and random testing for our employees.
Loitering
Our operation has only 19 seats and serves no alcohol. We do not, therefore,
anticipate loitering as a significant issue. We will politely invite any potential
loiterers to move on.
Employee education
Spud Bros. Restaurant requires training of all its employees. Our training program
is specifically designed to assure the safety of our food, our employees and our
patrons. In addition to employment, we offer educational benefits and career
options to those who come to work with us.
Responsibilities as good neighbors
Spud Brothers management and ownership have a strong belief in the importance
of community and citizenship. We began meeting our neighbors and our
suppliers months ago and have joined the Boulder chamber of commerce and the
downtown business association. We have already sponsored two charity events
and intend to continue to engage the community as responsible citizens. We have
made extensive improvements to our space and take pride in our neighborhood.
Neighborhood outreach and methods for further communication
We believe our participation in community organizations and our anticipated
support of chanties enable us [o continue to engage and communicate with
neighbors and the community as well as with our customers. We have welcomed
the neighborhood to two open house activities, and aze proud to have many
surrounding residents and businesses as regular customers.
Dispute resolution with surrounding neighborhood
Our experience in meeting and talking with our neighbors, potential customers
and others in the community, leads us to expect very little in the way of disputes.
If any should arise, we would expect to discuss and resolve them in a context of
responsible discourse and avoid rancor or litigation.
Questions and Answers for our Nei hbors:
Q: Would this add to noise for those of us trying to sleep nearby?
A: Noise should not be an issue for several reasons:
o Our food is designed to be portable. Most of our customers take our food
and leave the azea.
o We aze very small. Our total seating capacity is just 19.
o On a given night, there aze often crowds of young people in our
neighborhood. We do not expect to increase the number of people, but to
serve them food as they leave.
o We plan to empty our trash before midnight, so that our personnel will not
make noise in the alley.
o We have an excellent management team that knows the importance of being
good neighbors. They have the judgment and authority to do what it takes
to assure a smooth, quiet winding down of the evening.
Q: Would later hours add to already-congested pazking issues? What about traffic?
A: We aze a little snack shop, designed to draw foot traffic that is already in our
neighborhood. We haven't seen any issues during our operating hours and don't
expect to add cars or pazking issues. Our goal is to serve hot food to people
who are already in our neighborhood.
Q. Why are you doing this?
A. We consider it a significant opportunity to serve late night customers. They are
asking us to stay open for them. We took a survey, which gave us the same
answer. Customers want our food at night.
Q: What else should we know about Spud Bros?
A: Spud Bros. is not a chain or a franchise. We chose Boulder over other locations
for both business and value reasons. Our business reason is to serve the people
in a neighborhood with lots of foot traffic. The value reason is that the people
in Boulder appreciate fresh, honest, food. We invite you to come meet us.
0
t~
li 1 `
Spud Bro. Restaurant
Proposed Management Plan
Updated June 27, 2008
Note to Readers:
Spud Bros. began this process by requesting a 2:30 AM closing time to serve
customers as other establishments close for the night. Evening hours are a very
important part of our plans and finances. We consider them critical to our sales,
our ability to generate tax revenues, and to serve our customers, who are insistent
on that option. We understand the concerns of our neighbors and have therefore
made several changes to the attached management plan, with earlier closing
heading the list. As a compromise to our neighbors, we are now requesting a
closing time of 1:30am, which coincides with many of the businesses in the
immediate area as well as in our building. Please review all the highlighted
changes below. Thank you for your consideration.
Business description:
Spud Brothers is the product of many months of research across the United States,
Europe and Australia. It is a new concept, based on a strong connection to the
earth, our growers and our customers. Our fast casual menu is based on potatoes
and offers, as our tagline modestly states, "Just Maybe the World's greatest
Fries." Our potato dishes are garnished with gourmet sauces and toppings that
make them into indulgent snacks and meals. We make our products by hand and
proudly share the names and towns of our growers and the ingredients we use to
make our potato dishes. We also serve fresh-brewed ice teas and ice cold soft
drinks for our guests. Our food is primarily a take and go option where people
leave after receiving their food.
Hours of operation
Spud Bros. Restaurant has been operating from 11:00 AM till 11:00 PM, and
would not anticipate changing those hours Sunday through Wednesday. Thursday
through Saturday, we would like to serve late night customers as they exit
surrounding businesses, including those in our own building. Our intent is to
serve hungry customers as they leave the neighborhood. As mentioned above, we
are now requesting an earlier closing time earlier at 1:30 AM, which coincides
with last call at the businesses in the immediate area as well as in our building.
We see this as a major compromise for us and ALL our neighbors.
Client and visitor arrival and departure times
Spud Brothers operates with a small crew at any given time, usually just three
employees. These employees are expected to arrive around nine in the morning
and be gone shortly after closing. Patrons are already near us and currently
congregate on the sidewalks and street to socialize after closing. We offer an
ideal late night snack before they head home. By closing at the same time or even
before other neighborhood businesses, we will avoid any danger of prolonging the
presence of late night crowds. Likewise, our employees will be gone from the
area ahead of others around us.
Coordinated times for delivery and trash collection
Spud Bros. is working with our fellow tenants and our suppliers to coordinate
both pickups and deliveries with existing routes and schedules, so that
incremental activity will be minimized. Both deliveries and trash pickup are
already a routine and we expected to remain so. We will not have any deliveries
in the late night hours and we will instruct our employees, to make their last h'ip
to the dumpster at the same time they do now, so that there is no late addition to
our activity in the alley.
Mitigation of noise impacts
Spud Brothers restaurant does not sponsor live entertainment or other noise
generating activities. Our restaurant will have background music only, played
through ceiling speakers, located only inside our building. We do have seating
a~
for nine people on the sidewalk. Our total seating capacity inside and out is 19.
The sounds of conversation are already present, since the customers are already in
the area. Although we will be closing ahead of our neighbors, our management
team still plans to manage noise by lowering the volume of the background music
inside the shop and by closing the windows to the sidewalk i f needed.
Security
Spud Bros. is equipped with security cameras, which act as a deterrent to negative
behaviors and security issues. We will never have employees working the open
store alone and will conform to the practices of our building in assuring safety and
security. Boulder police heavily patrol our area at night, primarily to monitor
drinking establishments, but they are available if needed to augment our security.
Drug and alcohol policy
Spud Bros. Restaurant does not serve alcohol and uniformly applies a zero
tolerance policy for drugs and alcohol. Adherence to this policy will continue to
be a condition of employment for all of our staff and management This includes
drug screening and random testing for our employees.
Loitering
Our operation has only 19 seats and serves no alcohol. We do not, therefore,
anticipate loitering as a significant issue_ We at Spud Bros. define loitering as
creating a nuisance by lingering and disturbing others. We are vigilant and
prepared as needed to politely invite loiterers to move on.
Employee education
Spud Bros. Restaurant requires training of all its employees. Our training program
is specifically designed, to assure the safety of our food, our employees and our
patrons. In addition to employment, we offer educational benefits and career
options to those who come to work with us.
Responsibilities as good neighbors
Spud Brothers management and ownership have a strong belief in the importance
of community and citizenship. We began meeting our neighbors and our
suppliers months ago and have already joined the Boulder Chamber of Commerce
and the downtown business association. We have already sponsored two charity
events and intend to continue to engage the community as responsible citizens and
neighbors. We have made extensive improvements to our space and take pride in
our neighborhood. During our opening weeks, we sponsored two open house
events, at which we fed the public, including a sizable group of homeless people.
While we were pleased to provide that service, we do understand that others
might be concerned about these people congregating near their homes. It is not
our intent to repeat our grand opening activities during the late hours of the
evening.
3~
Neighborhood outreach and methods for further communication
We believe our participation in community organizations and our support of
charities enables us to continue to engage and communicate with neighbors and
the community as well as with our customers. We have welcomed the
neighborhood to two open house activities, and are proud to have many
sun-ounding residents and businesses as regular customers. We intend to continue
our recent activities in support of local charities and invite our neighbors to join
us in supporting worthy causes. At our last Neighborhood meeting our Spud
Brothers' General Manager also provided business cards with contact names and
phone numbers for the attendees as a gesture to keep open communication
between neighbors regardless the outcome of our request for later hours.
Dispute resolution with surrounding neighborhood
Our experience in meeting and talking with our neighbors, potential customers
and others in the community, leads us to expect very little in the way of disputes.
If any such should arise, we would expect to discuss and resolve them in a context
of responsible discourse and avoid rancor or litigation. We believe a considerate
and reasoned approach to concerns will enable us to work with the city, our
neighbors and our customers to the benefit of all.
31