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4 - Call Up: 1100 13th St. Use Review LUR2009-00071 MEMORANDUM Call-Up Item TO: Planning Board FROM: Jessica Vaughn, Planner I DATE: December 8, 2009 SCJmmcl-: Call Up Item: 1100 13`x' Street Use Review (Application #LIJR2009-00071): Request to allow a 1,539 square foot quick-serve restaurant to locate at 1100 13'x' Street. The total number of indoor seats for the restaurant shall not exceed 34 seats. The total number of exterior seats shall not exceed 28. The patio area will not exceed 166 square feet along 13"' Street and 133 square feet along College Avenue. The restaurant shall be closed from 3:00 a.m. to 7:00 a.m. seven days per week. This approval is subject to call-up on or before December 18, 2009. Attached is the disposition of approval for a ]F__ Use Review to allow a restaurant to locate at JAV 1100 13 `n Street, the northeast corner of 1 r=r~ Col lege AvenuE and 13"' Street on the I~I~University Hill (see Attachment A, Staff P Disposition). -i 1 ..I -8M ~?;y\Su~~cct ('ro(llrly Existing Conditions: 1100 13 Street, is within the Business Main Street (BMS) zone district, which is defined as: "Business areas generally anchored around a main street that are y - I r . intended to serve the surrounding residential neighborhoods- It is anticipated that f development will occur in a pedestrian- oriented pattern, with buildings built up to R u the street; retail uses on the first floor, residential and office uses above the first Vicinity Map floor; and where complementary uses may be allowed." All properties adjacent and within the near vicinity of 1100 13'x' Street, are within the BMS zone district. Similar restaurants within the vicinity of 1 100 13`' Street include Abo's Pizza, Fat Cat Sake Bar, and the University Hill Market and Deli all along 13th Street; and the Cheba Hut, Illegal Pete's, Crepes To Go, Woodruff Burgers (recently approved hours of operation 7:00 a.m. to 3:30 a.m.) and Brooklyn 1-Zeroes Deli Lone along College Avenue. Closing hours for these restaurants vary between the earliest closing time, 10 p.m. (Brooklyn Heroes Deli Zone and Cheba I lut), and the latest closing; time, 4 a.m_, or later (University Hill Market). Proposal: The applicant is proposing to locate a quick-serve restaurant, Del Taco, at 1 100 13t' Street, the northeast corner of College Avenue and 13'h Street on University Hill. Currently located at this address is the 13t' Street Cafe (1,272 square feet) and Shipping on the Hill (267 square feet). The proposed restaurant will be comprised of 1,539 square feet from both of the former tenants. The total number of indoor seats for the restaurant will not exceed 34 seats and the total number of exterior seats shall not exceed 28. The outdoor patio area will be comprised of 299 square feet, 166 square feet along 13th Street and 133 square feet along College Avenue, which is 95 square foot expansion of the existing patio. The proposed hours of operation are such that the restaurant shall be closed from 3:00 a.m. to 7:00 a.m. seven days per week (see Attachment A, Exhibit A, Staff Disposition Management Plan). The applicant is also proposing a number of exterior alterations to the building, including updating the wood awnings with steel awnings that are more decorative and modern in appearance; updating the patio rail from a square rail with hard corners to a rounded rail material; and restoring the original brick facade (see Attachment B, Proposed Plan Set). The round rail will create a softer, less obtrusive object with regard to pedestrian traffic. Additionally and in recognition that the building is within a potential local historic district, the applicant is proposing to restore the original brick of the exterior fagade. 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 November 10, 2009, an additional notification was sent out notifying the neighbors within 600 feet of 1 100 13i11 Street, of a neighborhood meeting. Additionally, on November 12, 2009 an email was sent to the University Hill Neighborhood Association list serve informing them of the applicant's proposal to extend their hours of operation. No response was received. On December 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., 'T'here were only two people in attendance of the neighborhood meeting. They were local residents of the I lill and were in general support of the application. The two meeting attendees provided input on the proposed patio railing stating that a permeable, rounded rail material would be preferable due to the amount of trash that accumulates in decorative patio railings (i.e. lattice) on the Hill. Additionally, the meeting attendees cited negative experiences with other patio railings consisting of hard edges in the 11111 Area and stated that a round rail would be less obtrusive and result in a softer appearance. Also addressed at the neighborhood meeting was the existing and proposed facade cover of the building. Both meeting attendees expressed encouragement and agreement for the applicant restoring the original brick. Overall, both meeting attendees supported the proposed restaurant use and expressed excitement for its opening- No additional public comment was received via email or US Mail. Conclusion: Staff finds that the proposed Use Review meets the relevant critcria pursuant to section 9- 2-15, "Use Review," B.R.C. 1981. This proposal was approved by Planning and Development Services staff on December 4, 2009 and the decision may be called up before Planning Board on or before December 18, 2009. There is one Planning Board meeting within the 14-day call up period, December 18, 2009. Questions about the project or decision should be directed to Jessica Vaughn at (303) 441-4161 or vau hn a.,bouldercolorado.gov. Attachments: Attachment A:.StaffDisposilion Attachment B: Proposed Plan Set Attachment A CITY OF BOULDER 1// V Planning and Development Services w 4'v 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 with conditions PROJECT NAME: DEL TACO USE REVIEW DESCRIPTION: USE REVIEW request to locate a Del Taco in a 1,539 square foot existing space. The restaurant will have a total of 62 seats; 34 indoor seats and 28 outdoor seats on a 299 square foot outdoor patio; 166 square feet along 13th Street and 133 square feet along College Avenue. The proposed restaurant will operate from 7 a.m. until 3 a.m. seven days a week. LOCATION: 1100 13TH STREET COOK: N02W06 LEGAL DESCRIPTION: Lots 11 and 12, Block 6, UNIVERSITY TERRACE, County of Boulder, State of Colorado APPLICANT: PETER HOWSER OWNER: University Hill Partnership APPLICATION: Use Review, LUR2009-00071 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: IZ to By: D id Driskell, xecutive Director of Community Planning and Sustainability 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: December 18, 2009 IN ORDER FOR A BUILDING PERMIT APPLICATION TO BE PROCESSED FOR THIS PROJECT, A SIGNED DEVELOPMENT AGREEMENT AND SIGNED MYLAR PLANS MUST BE SUBMITTED TO THE PLANNING DEPARTMENT WITH DISPOSITION CONDITIONS AS APPROVED SHOWN ON THE MYLAR PLANS, IF THE DEVELOPMENT AGREEMENT IS NOT SIGNED WITHIN NINETY (90) DAYS OF THE FINAL DECISION DATE, THE PLANNING DEPARTMENT APPROVAL AUTOMATICALLY EXPIRES. Address: 1100 13TH STREET 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 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 all approved plans dated November 2, 2009 on file in the City of Boulder Planning Department, except as may be modified by this approval. Further, the Applicant shall ensure that the use review use is operated in compliance with the following restrictions: a. The Applicant shall operate the business in accordance with the Management Plan dated November 30, 2009 which is attached to this Notice of Disposition as Exhibit A and incorporated herein by reference. b. The restaurant shall be closed from 3:00 a.m. to 7:00 a.m. seven days per week. c. Size of the restaurant shall be limited to 1,539 square feet. The total number of indoor seats for the restaurant shall not exceed 34 seats. The total number of exterior seats shall not exceed 28. Patio area will not exceed 166 square feet along 13th Street and 133 square feet along College Avenue. 2. The Applicant shall not expand or modify the approved use, except pursuant to Subsection 9- 2-15(h), B_R.C. 1981. 3. This approval shall be limited to Peter Howser, the owner of the restaurant known as Del Taco. Any changes in ownership shall be subject to the review and approval of the Planning Department. The purpose of such review shall be to inform such subsequent user of this space that it will be required to operate the restaurant in compliance with the terms of this approval. 4. The proposed outdoor seating area, as shown on the approved plans, that projects into the public right-of- way must be approved as a right-of-way lease pursuant to section 8-6-6, B.R.C. 1981. Prior to the issuance of a building permit, the Applicant shall apply for and receive a ROW Lease. This use review approval shall not be construed as an approval of such encroachment. 5. The proposed awnings, as shown on the approved plans, that projects into the public right-of-way must be approved as a right-of-way permit pursuant to section 8-6-6, B.R.C. 1981. Prior to the issuance of a building permit, the Applicant shall apply for and receive a ROW Permit. This use review approval shall not be construed as an approval of such encroachment. 6. Prior to issuance of a building permit, the Applicant shall submit a detailed lighting plan showing location, size, and intensity of illumination units, showing compliance with section 9-9-16, "Lighting, Outdoor," B.R.C. 1981. Address: 1100 13TH STREET EXHIBIT A ~*s e e # DjumT~Co Management Plan for Del Taco 1100 13'' Street Use Review 11-30-2009 Restaurant Description: Del Taco is an affordable Mexican/American quick serve restaurant. The concept was born in 1964 just north of Baja California and it prides itself on flavorful food and fresh ingredients. We serve fish tacos, carne asada tacos, spicy chicken burritos, tostadas, vegetarian items, quesadillas, and ground beef options, as well as traditional American cheeseburgers, shakes and crinkle cut french fries. We also serve tasty breakfast items and meals. We slow simmer our refried beans for 4 hours several times a day, we grill our chicken fresh, we grate our cheddar cheese daily, we chop our own tomatoes, we use real strawberries in our milkshakes, and we never make any food until it is ordered. Because we have a variety of quality food at affordable prices our restaurant is loved by a lot of different age groups. Ownership: Even though the Del Taco is a nationally recognized franchise this Del Taco will be locally owned, operated, and managed. My name is Peter Howser and I have lived in Boulder for 17 years. I will be operating this restaurant and in the store on a daily basis. (Please see the attached letter for more ownership philosophy and property history.) Restaurant Size: Interior: 1,539 sq. ft.- 34 seats Exterior Patio: 299 sq. ft. -28 seats Number of Employees: Full-time employees: Approx. 10 Part-time employees: Approx. 10 Employee Characteristics and Education: We will have a zero tolerance for drug and alcohol use on the job by our employees. We will also have a zero tolerance for any of our employees who are contributing to any activity which negatively affects our business, the image of the 11111, or the surrounding neighborhoods. During our employee meetings we will educate our employees on correct behavior, customer service, security issues, and having respect for the other local businesses and neighbors. b Alcohol: We do not serve alcohol and we never will. Our franchise agreement does not allow the sale of alcohol and it is not part of our business model. Hours of Operation: 7 a.m. to 3 a.m. daily, seven days a week. We believe these hours of operation will be crucial to the success of our Del Taco restaurant in this location for several reasons: 1. This will be the fourth restaurant closure in three years at this location. It is no secret that running a business on the Hill is not easy when 4 months of the year most of the customers (University students and its employees) are not in Boulder. There are only a few diverse business models that can be successful in this type of location. The later hours of operation will allow us to cater to a wider variety of customers, including the late-night crowd. 2. Because we have a lower price point, which will service a wide variety of budgets, we need more customers per day than most businesses to pay our rent, employees, and monthly bills. In order for our business model to be successful and to make sure we aren't the 50, business in four years to close in this location, we need to be able to tap into the large late-night crowd. 3. Also, by staying open later we will keep a lot of the late night Hill community out of their cars and off the streets by providing an affordable product on the Hill. Right now if someone wants similar products and prices to ours they will need to get in their cars and drive to other parts of the city. Community Involvement: Del Taco wants to be involved in the Hill community. Right now there is a movement to "rebuild" the Hill and make it a thriving economic and historically significant part of Boulder. With this comes a healthy partnership with the surrounding neighbors. There are business groups on the Hill who are reaching out to neighbors in the form of communication, trash pick-ups, and conflict resolution. At Del Taco we are aware that this partnership is very important for both the businesses and the residents to be successful and happy. We want to be part of this successful partnership and we will do whatever it takes so we can all live happily in this unique environment. At Del Taco we have a variety of ways of being involved in the community and supporting schools. Del Taco will give a certain percentage of sales back to the local elementary schools when those families and staff eat at the restaurant. We also have "Student Achievement Awards" which teachers can use to motivate students and free "Taco bookmarks" which we use to support reading programs. A comment box will be provided in the store as a way of opening communications with our neighbors and patrons. Any customer or neighbors are welcome to communicate to us with their comments or issues through this comment box, email, or by direct contact with the owner using the information provided in the attached community letter. We will also partner with non-profit university groups to help provide free food coupons or gift certificates to help them with the goals of their group. Parking and Traffic Generated: As part of the University Hill Parking District we have no parking requirements. We will not generate any significant vehicle traffic as fortunately we are located in an area where 90% of our customers are pedestrians or on bikes. We are also conveniently located within walking distance to the Skip, the University of Colorado, Boulder High School, and the Hill neighborhood. So we don't generate staff parking problems, we will supply eco-passes to our employees, and bus route maps and timetables to both our customers and our employees. Trash: The space at 1 100 I3'h Street that Del Taco is taking over will share trash receptacles with the other businesses on College Avenue. We will continue to work with the other businesses around us to make sure we handle our trash in a responsible manner and that it is continuously picked up in a timely and unobtrusive manner. Deliveries: We have the ability to request our time of deliveries from our food vendor. We will work with the other businesses on the Hill to find a time of delivery that does not interfere with their deliveries or customers. We will also coordinate deliveries so as not to interrupt the normal traffic flow or parking. Intensity of Use and Noise: Being that we will be located in an area that has a high concentration of restaurants and commercial uses, our restaurant will not significantly increase the intensity of use or the amount of noise that is currently exhibited in the area. We do not have glass bottles or any other loud trash and we will not have outdoor music. Our restaurant will be giving people an affordable late night option where they can eat, mellow out, get tired, and go home. Loitering and Security: We will have zero tolerance for anyone loitering or partaking in negative/illegal activities inside or outside our restaurant. We will kindly ask people to leave the area if we observe these behaviors. If we have severe problems we will contact the Uni-Hill police annex which is right across the street. We will also train our staff on how to handle specific security issues and how to effectively report any problems to the police. Attachment 13 1100 3 H STREET PRIMARY CONTACT TENANT DESIGNED BY BUILDING OWNER CAREYDESIGNSTUDTOSTLC NOCO DT, LLC CAREYDGSICN S7T101OSLLC VNLVERS7TYPARTNERS'HIPLTD nitr+va+v s 4439NBROADWAY 431497H STREET, 4439NBROADWAY 3665ENU1COTPDR x+~so USE RE Y~7IEW SUITED BOULDER, COLORADO 80304 SUITED BOULDER, r~ BOULDER, ML. 303, 748 9428 80ULDFR, tiu COLORADO 60305 cowwwo 89304 COLORADO Eo304 ~ CITY OF BOULDER, COLORADO TAX-303A421556 F~~037034421556 ~N CONTACT. PETER CAREY CONTACT PETER 110W5CR CONTACf-PLY'CR CARL'Y CONTACT REBECCAOSTGAARU ►ilate lst " y ! F h CODE SUMMARY: y 1 .J + T INTERNATIONAL BV➢111NG CODE (MC) 2006 EDITION 4 5t r'x,A r ? r {i~ OCCUPANCY: AZ RESTAURANT NOW CONSTRUCTION TYPE;T)rPE VD { a'} 4 v EXISTING MASONRY SHELL WITH WOOD FRAME FLOORING j7 I s a + A i~f >•ti 711 { -!Fs t l FULLY SEPARATED WITH 2 TIN WALL AND CEUI,INC ~h i + 8 ,ya{+~ - a I r { k NON SPRRMS KLED , 1 i` f Sk s w j r LAND USE CB 1 9 g; u 1- • , ~f I ! w LAND USE cR ` ~r ~11122c...- P !'I' LANE) USE SUMMARY: x - ~:--y k. yi.• ~..{ty;, .:u :,I rY4 "•t'y 1. 1,,,.- PARCEL 0009371 USE REVIEW - x_~. I ( r, t„ rC PARCLLAREA 6,200 sr GI.hSS RISTAIIRANT PROTECT UFSGRIPTION: _ H+ +.y,4,. +t r.. 'a((° i~ BUILT 1927 REUSEOF EXISTING RESTAURANT IN AN EXISTING BUILDINGS b r. - >•;r SQUARE FOOTAGE SUMMARY: J ' SUMMARY OF WORR V T171APC FIN45H 1,539 SQUARE FEET ➢URLUING 9,017 SQUARE FEET i, NEW MAIN LEVEL RESTAURANT 1539 SF IN EXISTING 1 d i t RFTAURANT SPACE RETURN 2675QUARE FEET + r h PATIO SQUARE FOOTAGE SUMMARY; CURRE TITLY USED AS A FED EX STORE TO TFIN ORIGINAL RESTAURANT USEPROVIDE NEWResrRGOmsns V1CINITYmP LIN? SHOWN. NEW I(fl'CFiF74 AS SHOWN. MODIFY EXISTING EXISTING NiS ED a ' I 13'TN 69 SQUARE FEED COLLEGE 06 SQUARE FEET' ri. OUT DOOR SEATING AS SHOWN. MODIFY FACADE AS ,yr{,i i S; -F fl~rAGO SHOWN dap.•y F,h, - 7'OTEXISTING PLANTERS 49 SQUARE FEET a ~~37! Z+ ALEIISTR7G 204 SQUARE FEET TK 7t f~r ~`1C{. PROPOSED- EXIS TING PHOTO 13Th 166 SQUARE FEET SHEET INDEX COILEGE "SQUARE FEET TOTALPROPOS® 299 SQUARE FEET CV A0.1 COVER RHEETAND STTEPIJsN O A0.2 EXLSIYNGAND PROPOSED FLOOR PLANS INCREASE 95 SQUARE FEET CD AO.3 ERIST7NGAND PROPOSED ELEVATION- COLLECEAVEMIE n O A0.4 MS'TMGAND PROPOSED ELEVATION-13771 STREET LOT 10 00 • a u - -11 LL °a o a f]t ' r` ii LOT 11 F A W lyye s a t ~ ~ I ~ ~1 ~ 4r~. VJ LOT 12 _ l f 1j) O 0 4p I IIII.'~~I1INM1EJ~' - Y-I rna I REVISION GATE " USE REVIEW 11.02.09 1100 13TH STREET i - ,Tr1, ~L .4 COLLEGE A VENUE COVER SHEET 21 SITE"fPROVEMENT PLAN T USE REVIEW AO.I 9 . ;xwer if ~Iliril~r/iaonofm OG ~/llll/l/lOllf~ ~ I ~ f. - ll~ ~ p 07 79/rOrl J n a.I'p _ USE, kY;VI1;w Ily aI 1 y I i N fi , ~ ...•:z.<~ NEIN KIT4+f Ali fTl i AsLpco p III '1 f N yl [J' '1 O 747 J C* I IF U A - = o J 1 NEwlurcNEN 0' O O J LJ _ u ILI 0 E OSTING RESTAURANT - - NEA 5EATttJG AREA 0 C~ A A EXI5TING FED EX 5TORE 34 SEATS INSIDE Q 0 { fI f O 4, SEATS F"'1 Z, F rir7l= rl r7 65EAIfTS °pl1l F PROPOSED SEATING SUMMARY EX5TD* SEATING INSIDE 34 SEATS NEW OUT DOOR 5EATING AREA J v 0VTSIDE Ol'♦7 _ _._-b2 ~ S _ 14 SrATS /+JJJ1 dl EXISTING PLAN 21 PROPOSEOPUIN REVISION DATE USE REVIEW 11.02.09 EXISTING AND PROPOSED PLANS USE REVIEW AO,2 d10 Mir- ~IiTMKMHYiA( 1 x1r , v Li -v - USE REVIEW - , - - flg6T~Co ~II~ ~I I`_~ ~ 1 ~ f II III I ~ o CID } I EXISVNOSOUTH ELEVATION(FROM COIIEGEAVENI/EJ o rp~- rn O a O r~ U U ~Q A _ - _ ~ 00 OW - L. 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