Loading...
2 - Draft Minutes - Planning Board - October 16, 2008 CI`T'Y OF BOULDI+,R PLANNING BOARD ACTION MINUTES October 16, 2008 1777 Broadway, Council Chambers A permanent set of these minutes and a tape recording (maintained for a period of seven years) are retained in Central Records (telephone: 303-441-3043). Minutes and streaming audio are also available on the web at: ham://www.bouldercolorado.gov/ PLANNING BOARll MEMBERS PRESENT: KC Becker Bill IIolicky Elise Jones Andrew Shoemaker Adrian Sopher PLANNING BOARD MEMBERS ABSENT: Phil Shull, Chair Willa Johnson STAFF PRESENT: Charles Ferro, Plamier II David Gcl>r, Assistant City Attorney Susan Honse, Administrative Specialist ll Robert Ray, Land Use Review Manager Jessica Vaughn, Planner I Paula Weber, Administrative Specialist III 1. CALL TO ORDER Chair, A. Shoemaker, declared a quorum at 6:08 p.m. and the following business was conducted. 2. APPROVAL OF MINUTES On a 117 0 1 1 0 11 bV I'.. Jones, scconclc(1 by A. So»her, the Plannin~~ Board at~prcwc:d -0, P. Shull and V1'. Johnson absent) the Au~.;u~t 21. 2(lO~ 1'lannin~ Board minutes as amcnclal. Un a motion by G Jones , scconclcd by A. Sophcr, the Planning; Boar(I at~~~rovcd (ti- 0, P. Shull slll(1 W. JOI111SOn fibsC',llt) the ~cplelllbci' 2OO8 l7lanlllllf; BOaI"d I17I1111tCS aS a171C'ilded. 3. PUBLIC PARTICIPATION There was no public participation. 4. DISCUSSION OF DISPOSITIONS AND PLANNING BOARD CALL-UPS Walgreens Drug Store, located at 2870 28t1i Street, near the southeast intersection of 28"' Street and Valmont Road. 1 No action was taken by Planning Board. 5. ACTION ITEMS A. Public hearing and consideration of -Use Review #LUR2008-00071 to allow Abo's Pizza to operate a 65 scat, 3,O1U square foot restaurant from l l a.m. to 2:30 a.m. daily at 1124 13`'' Street. No outdoor seating has been requested. Applicant: Bar Mar, LLC Owner: Gary Cook Appellant: university Hill Neighborhood Association /William Marine Staff Presentation C. Feria presented the item to the board. ApplicantlOwner Presentation Richard Lopez, 4450 Arapahoe Ave. Suite 100 presented the item to the board. Barb Hunting, owner of Abo's Pizza, presented the item to the board. A. Shoemaker asked R. Lopez to respond to the options presented to the Planning Board: 1) to approve the staff recommendation, 2) to deny the staff recommendation or 3) to change the time that the restaurant would close. R. Lopez said that the first two options are valid, but said the third option would be open to appeal. Public Hearing Seth Brigham, 1580 7ty' Street, Apt., spoke in support of Abo's Pizza liquor license. Kevui Hataling, 1099 Marine Street, #9, spoke in support of the staff recommendation. Jane Bliss Stoyva, 10041.incoln Pl. spoke in opposition of the staff recommendation. Pricilla Corielle, 970 11 Street, Boulder spoke in opposition of the staff recommendation. Mark Galband, 50'7 College Ave., spoke in support of the staff recommendation. Kurt Fuhrman, 11 11 Cascade, spoke in opposition of the staff recommendation. Gary I2. Coolc, P.O. Box 9392, Denver, CO spoke in support of the staff recommendation. Jay Epstein, 1149 13 Street, spoke in support of the staff recommendation. Carmen I;psten, 282011iff Street, spoke in support of the staff recommendation. Bill Shrum, 1055 8t~' Street, spoke in support ol'the staff recommendation. Andy Sehneidkraut, 370 S. 42"`~ Street spoke in support of the staff recommendation. Jesse Andrew Kornblum, 1205 College Ave. spoke in support of the staff recommendation. Michael Anderegg, 2635 Mapleton Ave. #162 spoke in support of the staff recommendation. Mike Clear, 255 Dah]ia Drive, spoke in support of the staff recommendation. L+'ric Heiser, 679 S. Reed Court, spoke in support of the staff recommendation. Karen Sperry, 1916 Spruce Street, spoke in support of the staff recommendation. Board lliscussion E. Jones questioned whether or not the proposal meets the rational of reducing and minimising adverse affects. She said the task is to minimize the impacts, provide for economic prosperity nn the Hill and provide services to people on the Hill. She said the board can not solve the problcrn of alcohol consumption and crime on the Hill on the back of a use review for Abo's Pizza. She further stated if there is going to be this type of use, it should be at this location. A. Shoemaker agreed that the Planning Boards hands are tied. He said the question is about hard liquor, not beer and pizza. He stated it would be different if the board had the ability to have Abo's serve pizza unti12:30 a.m. and cut off liquor service at an earlier time.l~e added that he was riot bothered by the music issue. B. Holicky asked if the property is sold would it require a new use review. C. Ferro said if the property is sold, there is a secondary review process subject to review and approval of the Planning Director. If the business changes hands or the property is sold, he said there is some discretion as to whether or not the city takes it back through use review. B. Holicky asked if subsequent users would they be bound to the original Management Plan. C. I+erro replied, yes. K. Becker said this is a complex issue with a lot of balancing. She believed the impacts would have a negative izxzpact on the neighborhood. B. Holicky said this location is a good location for this type of use. He stated that the only basis to deny the -proposal is in considering how the project impacts the surrounding neighborhood. He added that there are businesses in this area that are allowed to stay open until 2:30 a.m. He said the answer to alcohol problems is education and not supply. A. Sophcr was not concerned about Abo's as an operator. He said t4ie uncertainty is about the cumulative affect of late night establishments in this neighborhood. He said the nature of a use review is intended to address the impacts of establishments on neighborhoods. B. hlolieky asked because the board was leaning toward a split decision, if there was an option of contint.iing the hearing when the other two board members could be present. D. Gehr said that it is possible to continue this hearing to a later date to have the vote of the absent members. R. Lopez requested that the continuation of the hearing be scheduled as soon as possible. Motion On a motion by B. Iloliclcv, seconded by E. Jones. (S-0, P. Shull and 1V. Johnson absent) the Planning Board rccommcndccl to continue the all~roval oflhc (.isc Review ~JLUR2U08-00071 to allow Abo's Pizza to operate a 6i seat, 3,010 square floor restaurant from l 1 a.m. to 2:3U a.m. daily at 1124 l3`~' Sh•cet. (No outdoor seating has been requested) to the October 29, 200$ P1a11nii~~Board meeting_ B. Public hearing and consideration of Technical Document Review application # 'TEC2008-00017, Jenny Park II Subdivision Final Plat for the subdivision of one lot into two lots: 7,390 sf Lot 1 and 16,226 sf L,ot 2. The proposed lot configuration is a flag lot configuration. The site is located at 1520 Kalmia Avenue and is within the RL-1 (Residential Low-1) zone district. Applicant: Chad Fletcmcycr Owner: Bruce Doul;lass Appellant: Robin Byers, 1530 Kalmia Avenue Staff Presentation Jessica Vaughn presented the item to the board. Appellant Presentation Robin Byers, 1530 Kalmia Ave., presented her case to the board. Applicant/Owner Presentation Chad Fletemeyer, presented the item to the board. Public Hearing Jessie Friedman, 1500 Kalmia Avenue, Boulder, spoke in opposition of the staff recommendation. Bob Feiwig, 1530 Kalmia Avenue, Boulder, spoke in opposition of the staff recommendation. Jim Fletemeyer, 1540 Cress Court, Boulder, spoke in support of the staff recommendation. Board lliscussion B. Ilolicky suggested adding a condition that the southern 36 feet of the lot be reserved for possible firture right of way. Ile said this will allow the three or four lots to the west of this lot to potentially develop Jennine Place in the future. D. Gehr said the requirement would need to apply to the subdivision standards. B, llolicky said since there is no lot with a double frontage standard it might not be a good idea. K. Becker did not want to create a flag lot or allow for future flag lots down the road. She stated that this one grudge Iot leads to bad planning and is uixfortunate for the residents of this neighborhood. B. Holicky said there are no grounds to deny this application. He added that future property owners could get access to Outlot B. 1f that occurs; he suggested that the applicant keep in mind that when the house is sited that there could be some financial opportunity due to the easement over the back 36 feet. A. Sopher asked if that would be viable because of the flag lot with frontage. D. Gehr said it might not be viable, but it could allow for negotiations between the applicant and the property owner. A. Sopher said it could make the situation worse because the applicant could then design the subdivision and structure to face the street. K. Becker added that it gives the applicant the opportunity to try for eminent domain. A. Shoemaker said if the applicant moves ahead with the flag lot configuration then City Council wil} not condemn. D. Gehr said if City Council authorizes condemnation, then staff would have to work with the applicant to see if it were a viable option. E. Jones asked if the applicant is willing to pursue this option. B. Holicky said that once that parcel has access in a different manner, the owner of Outlot B might be willing to explore options. Mr. Fletemeyer said the goal is to work within the bounds of what is available. He said if the city goes forward with eminent domain, it would give them the opportunity to work with the Outlot B landowner with a little bit of leverage. He welcomed the opportunity to explore working with the city through eminent domain. A. Sopher said if a firture street should go through, that would be a public street. He asked about the siting of the house, specifically how to provide for the possibility of a future street and whether the strip should be purchased. D. Gehr replied, if that does happen, the applicant would have to come back to re-subdivide the property to make it work. 4 Motion On a motion by I{. I3ecl:er, seconded l)v N;..Jones, the Planning Board alln•ovcd (5-0, P. Shull and ~V. Johnson absent) TEC2005-UOU17, ,Ic~uzy Park II Subdivision final Plat li)r the subdivision of one lot into two lots: 7,190 sf Lot I and l 0,226 sf Lot 2 located at 1520 Kahnia ~wa)ue, adoulin~ the staf~l~mcnun•andum dated October 16, 2005 as findings oft~ict. Chi a motion by h. 6ecl:er, seconded by l:',. Jones the Planning; Board recommended (~-0 P. Shull and ~V..Jolu~son absent) that Clty Council direct sta(~f t0 StuCly th(; Opt1011 of Cilllll~nt domain ofout-lol B 4vith the purpose of extcndir)~ Jeanine Place in order to prevent future flag= lot subdivisions in line with the North Boulder Sub-community plan. 6. MATTEKS FROM THE PLANNING BOARD, PLANNING llIRECTOR, AND CITY ATTORNEY R. Kay discussed the joint Planning Board and City Council bus tour. The Planning Board recommended that City Council cancel the tour in order to have a longer discussion. 7. DEBRIEF/AGENDA CHECK 8. ADJOURNMENT The Planning Board adjourned the meeting at 10:16 p.m. APPROVED BY Board Chair DATE 5