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4 - Call Up: 1121 Broadway, Unit 101 - Use Review (LUR2009-00018) MEMORANDUM Call-Up Item TO: Planning Board FitoM: Jessica Vaughn, Plaruier I DATE: April 6, 2009 SUBJECT: Call Up Item: 1121 Broadway, Unit 101 Use Review (Application #I.UR2009-00018): Request to allow an existing 622 square foot restaurant to extend their hours of operation to 1 I a_m_ to 2:30 a.m. Monday through Sunday. Currently, the restaurant operates from 1 1 a.m. to 8 p.m. Monday tlu-ough Saturday and is closed Sunday. This approval is subject to call-up on or before April 20, 2009. Attached is the disposition of approval for a Use Review to allow an existing restaurant to extend their closing hours of operation from 8 p.m. Monday through Saturday to 2:30 a.m. Monday through Sunday (see Attachment A, Staff Disposition). The existing opening hour of 11:00 a.m. will remain the same. Existinp_ Conditions: The existing restaurant, Watup Dogg, currently located at 1121 Broadway, Unit 101, is approximately 622 square feet and specializes in serving gourmet hotdogs. Watup Dogg's current hours of operation are from 11 a.m. to 8 p.m. Monday through Saturday, closed on Sunday. Watup Dogg provides six interior seats and promotes a `grab-n-go' style of dining. There is no patio seating or alcohol service. Currently, Watup Dogg employs four people: 1 full-time and 3 part-time employees. 1121 Broadway, Unit 101, is within the Business Main Street (BMS) zone district, which is defined as: "Business areas generally anchored around a main street that are intended to serve the surrounding residential neighborhoods- It is anticipated that development will occur in a pedestrian-oriented pattern, with buildings built up to the street; retail uses on the first floor; residential and office uses above the first floor, and where complementary uses may be allowed." All properties adjacent and within the near vicinity of 1121 Broadway, Unit 101, are within the 13MS zone district. Similar restaurant businesses within the vicinity of 1121 Broadway include Abo's Pizza, Fat Cat Sake Bar, 13"' Street Cafc, and the University Hill Market and Deli all along 13'n Street; and the Cheba Hut, Illegal Pete's, Crepes To Go, and Brooklyn Heroes Deli Zone along College Avenue. Closing hours for these restaurants vary between the earliest closing time, 10 p.m. (Brooklyn Heroes Deli Gone and Cheba Hut), and the latest closing; time, 4 a.m., or later (University Hill Market). Proposal: The applicant is proposing to extend the current closing hours of operation from 8 p.m. Monday through Saturday to 2:30 a.m. Monday through Sunday; the opening hour of' I 1:00 a.m. will remain the same. Given the extension of restaurant's operating hours the restaurant will also gain 2 employees. The applicant is not proposing to increase the interior seating provided (six seats), expand operating facilities (the existing square footage 622 square feet will remain), or establish outdoor patio seating with this application. The applicant currently does not serve alcohol to its patrons, nor do they intend to do so in the fuwre. Public Comment and Process: Upon receipt of the application, staff mailed notice to all property owners within 600 feet of the subject location notifying residents of the Use Review application. On February 11, 2009, an additional notification was sent out notifying the neighbors within 600 feet of 1 121 Broadway, Unit 101, of a neighborhood meeting. Additionally, on February 17, 2009 an email was sent to the University Hill Neighborhood Association list serve infonning them of the applicant's proposal to extend their hours of operation. No response was received. On March 2, 2009 the applicant held a neighborhood meeting, as required by subsection 9-24(b)(1), B.R.C. 1981 for Use Review applications to solicit feedback and input from the neighboring residents regarding the proposed restaurant use and the draft management plan. There were only two people in attendance of the neighborhood meeting. They were restaurant owners in the University 1 fill area (Mamacita's) and were in support of the application. No additional public comment was received via email or US Mail- .Conclusion- Staff finds that the proposed Use Review meets the relevant criteria pursuant to section 9- 2-15, "Use Review," B.R.C. 1981. This proposal was approved by Planning and Development Services staff on April 3, 2009 and the decision may be called up before Planning Board on or before April 20, 2009. There is one Planning Board meeting within the 14-day call up period, Apr d1_1 6 2009. Questions about the project or decision should be directed to Jessica Vauglui at (303) 441-4161 or vau hnj(o-),bouldercolorado.gov. ttac: Attachtuent A: St(Y'l Disposilion ATTACHMENT A CITY OF BOULDER Planning and Development Services w 4.--or 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: APPROVED PROJECT NAME: 1121 Broadway, Unit 101 Use Review DESCRIPTION: USE REVIEW: Request for an existing 622 square foot restaurant (Whatup Dogg) to extend their existing closing hours from 8:00 p.m., Monday through Saturday to 2:30 a.m. Monday though Sunday, seven days a week. LOCATION: 1121 BROADWAY, UNIT 101 COOR: N02W06 LEGAL DESCRIPTION: Lot 17-18, Block 6, UNIVERSITY TERRACE 2, City of Boulder, County of Boulder, Colorado APPLICANT: ROB YARN OWNER: JENNIFER M. ARNDT APPLICATION: Use Review, LUR2009-00018 ZONING: BMS (Business Main Street) CASE MANAGER: Jessica Vaughn 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. Approved On: a Date., By: 5 Ruth McHeyser, E ce .utive Director of Community Planning 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: April 20, 2009 IN ORDER FOR A BUILDING PERMIT APPLICATION TO BE PROCESSED FOR THIS PROJECT, A SIGNED DEVELOPMENT AGREEMENT MUST BE SUBMITTED TO THE PLANNING DEPARTMENT, IF THE DEVELOPMENT AGREEMENT IS NOT SIGNED WITHIN NINETY (90) DAYS OF THE FINAL DECISION DATE, THE PLANNING DEPARTMENT APPROVAL AUTOMATICALLY EXPIRES. Pursuant to Section 9-2-12 of the Land Use Regulations (Boulder Revised Code, 1981), the applicant must begin and substantially complete the approved development within three years from the date of final Address: 1121 BROADWAY 4 approval. Failure to "substantially complete" (as defined in Section 9-2-12) the development within three years shall cause this development approval to expire. CONDITIONS OF APPROVAL 1. The Applicant shall be responsible for ensuring that the development shall be in compliance with the approved floor plan dated March 31, 2009 and the management plan attached as Exhibit A and on file in the City of Boulder Planning Department. Address: 1121 BROADWAY EXHIBIT A rr•A TOASTY ISLAND HOT DOGS Watup Dogg Management Plan Developed By: Rob Yahn - Co-Owner Ted Suh - Co-Owner Watup Dogg, Inc. 1121 Broadway Boulder, CO 80302 ryahn@watupdogg.com tsuh@watupdogg.com www.watupdog.com March 31, 2009 L~iuVL~ ~ I' f f " Watup Dogg Management Plan TOASTY ISLAGO UOGS Business Overview - "Re-Invent The Hot Dog" Watup Dogg is a new restaurant on 'The Hill' in Boulder, Colorado that specializes in serving gourmet hotdogs in a unique fashion. Watup Dogg's product is simply a gourmet hotdog that is served in a freshly baked French bread bun accompanied by gourmet style relishes made from exotic ingredients. Watup Dogg has two main points of differentiation from the traditional American Hotdog and other lunch and late night competitors: 1. Watup Dogg is a fresh French bread style bun and a gourmet hotdog that is placed in a hole toasted in the middle of the bun by a heating spike. 2. Watup Dogg offers many different types of gourmet traditional and tropical style relishes. Watup Dogg will target consumers who are between the ages of 18 and 30, primarily focusing on college students. Watup Dogg restaurant is located on The Hill, at 1121 Broadway, Unit 101. This location is directly behind the CU Bookstore and faces Broadway. Hours of Operation: Watup Dogg Management plan ,°"STY ISLAND Hol Watup Dogg restaurant proposes hours of operation to include eat-in and take- out services from llam -2:30 a.m. Monday - Sunday, seven days a week. Client and Visitor Arrival and Departure Times: Customers of Watup Dogg are invited to visit our store for the following hours - Ham - 2:30 a.m. Monday through Sunday. Coordinated Times for Deliveries and Trash Collection All received deliveries will be coordinated with adjacent vendors. Trash collection will be coordinated through the local trash collection company and will be coordinated to take place at the same time as other businesses in proximity to Watup Dogg. Mitigation of Noise Impacts Watup Dogg is not a facility that engenders high levels of noise as a result of our operations and the production of our food items. In order to mitigate any impacting noise inside the restaurant, we will only be utilizing a small home stereo with easy access to the volume control. To be respectful to the surrounding neighbors, any interior amplified sound will be lowered at 10 p.m. Additionally, Whatup Dogg will not have an outdoor patio or outdoor seating, so exterior noise will not be a concern. D Watup Dogg Management Plan OV,,, szAN 110T till's Security Watup Dogg's security system includes locks on the front and office doors, as well as a safe in the office. We do not have any outdoor parking or seating, so loitering will not be a concern. The exterior of our store is substantially lit for our patrons' safety along Broadway. Drug and Alcohol Policy Watup Dogg does not permit any drugs or alcohol on our premises. We do not currently or intend to, in the future, sell alcohol. Loitering Watup Dogg does not permit loitering on our premises. The restaurant is equipped with limited seating, which is intended to promote a take-out order or quick dining. The Watup Dogg manager on duty will address any loitering violations and will work with the proper authorities to handle loitering problems. Employee Education Employee meetings will be scheduled once a month to discuss employee safety, q Watup Dogg Management Plan TOASTY `S`AND HOT DDGS patron or neighborhood complaints and potential resolution strategies. These meetings will also be used as an enforcement tool to uphold our standing as good neighbors. Responsibilities As Good Neighbors Watup Dogg is committed to serving our neighbors and community. At start-up, our commitment as good neighbors includes providing a unique food product to the Boulder community and a quick and easy food source for students. Our responsibility is to be respectful professionals and to learn from the"experience of all our neighbors. Neighborhood Outreach and Future Communication Methods We will publish a quarterly news letter through email that will outline Watup Dogg's growth, news and other information that will benefit our neighbors regarding Watup Dogg's operations. A comment box will be provided in the store as a way of opening communications with our neighbors and patrons. Any patrons or neighbors are welcome to contact either owner, or leave word on the store email, with comments or issues, contact information is provided below. Rob Yahn - Co-Owner rvahnn,a watupdagg.com lb Watup Dogg Management Plan TOf.S1Y ISIAN D "OT DOGS 720.987.4750 Ted Suh - Co-Owner m tsuh@watui)dogg.co 303.564.0426 Watup Dogg, Inc. 1121 Broadway Boulder, CO 80302 www.watupd_og_com Dispute Resolution with Neighbors At Watup Dogg, it is our policy to always be in good standing with our neighbors and fellow business owners. Should a conflict arise, and owner or the manager on duty will make reasonable efforts to resolve the matter immediately and with direct contact with the complainant. If necessary, additional neighborhood meetings will be held if changes in Watupp Dogg's operating characteristics occur that will impact the surrounding businesses or neighbors. In the unlikely event that irreconcilable differences and major disputes arise, they will be handled first through mediation, then arbitration, then court proceedings as necessary. Q c m y2- 0 m 8VA~ ~~11wa ° C o 1 N ~60 M L L /r1 c z.s ti ~aC t4r~~lr ~J M J~~I V,Ty 3/s'I 1 o~