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2 - Draft Minutes - Planning Board - October 16, 2008 CI~'Y OF BOULDER PLANNING BOARU ACTION MIND"I'ES Octohcr 16, 2008 1777 Broadway, Council Chambers A permanent set of these minutes and a tape recording (maintained f<~r 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: http://www.houldcrcolorado.gov/ PLANNING BOARU MEMBF,RS PRES1•:NT: KC Becker Bill ilolicky Llisc Jones Andrew Shoemaker Adrian Sopher PLANNING BOARD 1VIEMBF,RS ABSENT: Phil Shull, Chair Willa Johnson S'T'AFF PRESEN"I': Charles Ferro, Planner II llavid Ge1u-, Assistant City Attorney Susan Honse, Administrative Specialist 11 Robert Ray, Land Use Review Manager Jessica Vaughn, Planner I Paula Weber, Administrative Specialist 111 I. CALL 'I'O ORDER Chair, A. Shoemaker, declared a quorum at 6:08 p.ln. and the following business was conducted. 2. APPROVAL OF MINt1TES On a motion by E. Jones, seconded by A. Sopher. the Planning Board aptn-oved (5 -0. P. Shull and W. ,Johnson absent) the August 21, 2UO~s Planning Board minutes as amended. On a motion by E. Jones ,seconded by A. Sopher, the Plallnlll~; 130ard apprOVC(I (5- P. Shull and W. Johnson absent) the September 4, 2008 Planning 13oard minutes as amended. 3. PUBLIC PAR'I'ICIPA"PION There was no public participation. 4. DISCUSSION OF DISPOSITIONS AND PLANNING BOARD CALL-UPS Walgreens Drug Store, located at 2870 28'h Street, near the southeast intersection of 28'h 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 seat, 3,010 square foot restaurant from 11 a.m. to 2:30 a.m. daily at 1124 13t~' Street. No outdoor seating has been requested. Applicant: Bar Mar, LL.C Owner: Gary Cook Appellant: University Hill Ncighbor•hood Association /William Marine Staff Presentation C. Ferro presented the item to the board. Applicant/Owner Presentation Richard Lopez, 4450 Arapahoe Ave. Suite 100 presented the item to the board. Barb I tunting, 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 ar 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, l 580 7`~' Street, Apt., spoke in support of Abo's Pizza liquor license. Kevin Hataling, 1099 Marine Street, #9, spoke in support of the staff recommendation. .lane Bliss Stoyva, 1004 Lincoln Pl. spoke in opposition of the staff recommendation. Prieilla Corielle, 970 1 1 `h Street, Boulder spoke ira opposition of the staff recommendation. Mark Galband, 507 College Ave., spoke in support of the staff recommendation. Kurt Fuhrrnan, 1 111 Cascade, spoke in opposition of the staff recommendation. Crary R. Cook, P.O. I3ox 9392, Denver, CO spoke in support of the staff recommendation. .Jay f~:pstein, 1149 13 Street, spoke in support of the slat#~recotnmendation. Carmen Epsten, 2820 Miff Street, spoke in support of the staff recommendation. Bill Shrum, 1 OSS 8`h.Street, spoke in support of the staff recommendation. Andy Schneidkraut, 370 S. 42"`~ Street spoke in support of the staff recommendation. .Terse Andrew Kornblum, 1205 College Ave. spoke in support of the staff recommendation. Michael Anderegg, 2635 Mapleton Ave. 62 spoke in support of the staff recommendation. Mike Clear, 255 Dahlia Drive, spoke in suppol•t of the staff recommendation. Eric .Heiser, 679 S. Recd Court, spoke in support of the staff recommendation. Karen Sperry, 1916 Spruce Street, spoke in support of the staff recommendation. Board lliscussion E. Jones said the question was whether or not the proposal meets the rationale of reducing and minimizing adverse affects. She said the task is to minimize the impacts; provide far economic prosperity on the Hill and provide services to people on the Bill. She said the board can not solve the problem of alcohol consumption and crime on the Hill on the back of a use review far Abo's Pizza. She further stated if there is going to be this type of use, it should beat 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 sewe pizra until 2:30 a.m. and cut off liquor service at an earlier time.. Ile added that he was not bothered by the music issue. B. Holicky asked i f 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 tlae city takes it back through use review. B. Holicky asked if subsequent users would they be bound to the original Management Plan. C. Ferro replied, yes. K. Recker said this is a complex issue with a lot of balancing. She believed the impacts would have a negative impact 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. I-Ic added that there are businesses in this area that are allowed to stay open until ?_:30 a.m. He said the answer to alcohol problems is education and not supply. A. Sopher was not concerned about Abo's as an operator. He said the uncertainty is about the cumulative allect of late night establishments in this neighborhood. 1Ie said the nature of a use review is intended to address the impacts of establishments on neighborhoods. B. Ilolicky asked because the board was leaning toward a split decision, if there was an option of continuing 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 C)n a motion by B. I-loliclcy, seconded by L. Jones, (~-0, P. Shull and ~V. Johnson absent) the Planning Board recommended to continue. the approval of the Use Review #LUR2008-00071 to allow Abo's Pizza to operate a GS seat, 3,010 square floor restaurant ti-orn 1 1 a.m. l0 2:30 a.m. daily at l 124 13°i Street. (No outdoor seating has been requested) to the October 29 2008 Planning Board meeting. 13. 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 Lot 2. The proposed lot configuration is a flag lot configuration. The site is located at 1520 Kaimia Avenue and is within the RL-1 (Residential Low-1) zone district. Applicant: Chad Fletemeyer Owner: Bruce Douglass Appellant: Kobin Byers, 1530 Kaimia Avenue Staff Presentation Jessica Vaughn presented the item to the board. Appellant Presentation Robin Byers, 1530 Kaimia Ave., presented her case to the board. 3 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 recozrzmendation. Jim Fletemeyer, 1540 Cress Court, Boulder, spvke in support of the staff recommendation. Board Discussion K. Ilolicky suggested adding a condition that the southern 36 feet of the lot be reserved for possible future right of way. He said this will allow the tlu•ee or four lots to the west of this lot to potentially develop Jeanine Place in the future. D. Gehr said the requirement would need to apply to tl~ze 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 Ilag lot or allow for fuhzre flag lots down the road. She stated that this one gnulge lot leads to bad planning and is unfortunate for the residents of this neighborhood. B. Holicky said there are no grounds to deny this application. 1Ie added that future property owners could get access to Outlot B. If 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 will not condemn. P. Gehr said if City Council autlzor-ires condemnation, then staff would have to work with the applicant to see if it were a viable optivn. E..Jones asked if the applicant is willing to pursue this option. R. Holieky said that once that parcel has access in a different ma~mez•, 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 Outlol B landowner with a little bit of leverage. He welcomed the opportunity to explore workizag with the city through eminent domain. A. Sopher said if a future street should go through, that would be a public street. He asked about the siting of the house, specifically how to pz-ovide for the possibility o1~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 praperty to make it work. 4 Motion On a motion by K. 6eckei•, seconded by E. Jones, the Planning Board approved (5-0, P. Shull and W. Johnson absent) "I~HC2005-00017, .lenl)y Park 11 Sub(livision final Plat (car the: subdivision of one lot into two lots: 7 3c)0 sf Lot 1 and 1 C 226 sf I~ot 2 locatc(l at 1520 Kalmia Avenue, adopting the staff memorandum dated October 16, 200 as tin(linzs of fact. Un a motion by K. Becher, seconded by L. Jones the Planning_Board recommended (5-0 P. Shull an(I W. Johnson absent) that C'Ity COL1nCII (lli"ect Statl~t0 Study the Opll(tll O(,ellllnellt domain of out-lot B with the pul-1)ose ot~ exten(ling ,lennine Place in order to prevent future IIaQ- lot subdivisions in line with the North Boulder Sub-communityplan. 6. MATTI~RS FROM 'i'1IE PLANNING BOARD, PLANNING DIRECTOR, AND C;II'Y ATTORNEY R. Ray 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. llEI3Rl7?,h/ACT.ENDA CHECK 8. ADJOURa'~IIVIENT 'The Planning Board adjourned the meeting at 10:16 p.m. APPROVED BY Board Chair DATE S