4A - Call Up: 1035 Pearl St. Unit 100 - Use Review Amendment (LUR2010-00062
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MEMORANDUM
To: Planning Board
FROM: Chandler Van Schaack, Associate Planner
DATE: January 6, 2011
SUBJECT: Call Up Item: 1035 Pearl St. Unit 100
1) USE REVIEW AMENDMENT (LUR2010-00062): Proposal to amend the previous Use
Review approval (LUR2005-00065) to allow for the expansion of the approved 3,200
square foot restaurant space in Suite 100 of the West End Plaza by 409 square feet. The
new 3,609 square foot "Kitchen Cafe" restaurant space will scat 137 people and will be
open from 11:00 am to 11:00 pm, seven days per week.
This decision may be called up before Planning Board on or before
January 9, 2011.
Attached is the disposition of approval for a Use Review Amendment to allow for the expansion
of the previously approved 3,200 square foot restaurant space in Suite 100 by 409 square feet to
create a new 3,609 square foot restaurant space for "The Kitchen Cafe."
Existing Conditions:
1035 Pearl St. is located in 1
Downtown Boulder, immediately
west of the Pearl Street Mall
CAGID 1 ~within the Downtown-2 (DT-2) 'BOUNDA
zone district. The DT-2 zone M~ - ,
district is defined in section 9-5-2, SOuce st
B.R.C. 1981 as "A transition area 1 ~,ly
between the downtown and the 1 °
surrounding residential areas
where a ivide range of retail,
office, residential, and public uses T- ' p
are permitted. A balance of new development with the maintenance 1 S''
1
and renovation of existing
SUBJECT PROPERTY
buildings is anticipated, and where 1035 PEARL ST
development and redevelopment
consistent with the established S~ 1 1
historic and urban design a
character is encouraged.
t
Pursuant to section 9-6-1, since the
proposed restaurant is over 1,500 square feet in floor area it is allowed in the DT-2 zone only if
approved through a use review.
The current character of the surrounding area is highly active with a mix of DT-zoned areas
containing restaurant, tavern, retail, and other commercial uses to the south, east, and west. The
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area immediately to the north of the site is zoned RMX-1, and contains a mix of residential,
commercial, and retail uses. The proposed 3,609 square foot restaurant space is part of the
existing 45,000 square foot West End Plaza building at 1035 Pearl St. Pursuant to section 9-9-6,
B.R.C. 1981, since the building is located with the Central Area General Improvement District
(CAGID) there is no off-street parking requirement. There is ample public parking as well as
on-street parking available nearby.
Proposal:
This site was previously approved for a 3,200 square foot restaurant space in 2005 through Use
Review approval LUR2005-00065. This proposal requires an amendment to the previously
approved Use Review since it includes an expansion of floor area as well as a change in seating
capacity and hours of operation. The proposal for the existing tenant space located at 1035 Pearl,
Unit 100 is to expand the existing dining area by 409 square feet in order to locate a new
restaurant there. The new "Kitchen Cafe" restaurant will incorporate the existing Unit IOTA
space to the west (currently a beauty salon) into the dining area, bringing the total floor area of
the restaurant to 3,609 square feet and the total occupancy to 137 people. The restaurant will
have 40 employees. The operating hours will be from 11:00 am to 11:00 pm, seven days a week.
No changes to the exterior of the building are proposed, and the restaurant will continue to use
the existing 120 square foot outdoor seating area. The goal of the Applicant, who owns the
existing "Kitchen" restaurant immediately to the west, is to create a casual, family-oriented
restaurant serving primarily organic and locally produced food at more modest prices than the
neighboring Kitchen restaurant. (See Attachment C, Applicant's Proposed Plans and
Attachment D, Applicant's Management Plan for more information).
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 application. Only one public comment was received,
which expressed strong support for the proposal. Pursuant to section 9-2-4, "Good Neighbor
Meetings and Management Plans," B.R.C. 1981, public notice was provided for a neighborhood
meeting which was held on December 8, 2010, however there were no attendees at the meeting.
In total there has been no opposition to this proposal expressed by the public.
Conclusion:
Staff finds that the proposed Use Review meets the relevant criteria pursuant to 9-2-15(e),
"Criteria for Review," B.R.C. 1981 (see Attachment E, Use Review Criteria for Review). This
proposal was approved by Planning and Development Services staff on December 27, 2010, and
the decision may be called up before Planning Board on or before January 9, 2011. There is one
Planning Board meeting within the 14-day call up period, on January 6, 2011. Questions about
the project or decision should be directed to Chandler Van Schaack at (303) 441-3137 or
vanschaackc(a`,bouldercolorado.gov.
Attachments:
Attachment A: Staff Disposition of Approval with Conditions
Attachment B: Vicinity Map
Attachment C: Applicant's Proposed Plans
Attachment D: Applicant's Management Plan
Attachment E: Use Review Criteria for Review
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Attachment A: Staff Disposition of Approval with Conditions
A CITY OF BOULDER
Planning and Develop-mont Servleas
1?-39 &r-,aJway, Third Floc - P.O. Box (9I, Bcx.:~r•r, CO 8:i3:)li-U;'91
oho-,o 303-44'.-'880 - ?ax 303-44-1-31.11 - we-, bouicierplandevelop.i el
CITY OF BOULDER PLANNING DEPARTMENT
NOTICE OF DISPOSITION
Y•au aver ItP•aby :,dviM-C that IN, (:711uvr.:-~7 a4Can ~,uaa Lakc- by L^,L~ Flar- ng Deparlmer..-
caeec on ix sta-rJards arc trieria al I^e i crr. r.Jve R .g;,Lilir:r-2: Ss.G sr;; forth in Cha:xlcr
9-2, B.K.C ")81. a=. arx) od la -fir. ploposud i±vc'auine'1.
OF-C.I.`iION APPROVED with conditions
PROJECT NFh,1E: The Kitchen Cafe
I )F Sc -m N?IC" V: USE REVIEW AMENDMENT - to amend previous use review
approval (LUR2 0 05-00 06 5) allowfoT 409 square foot expansion of
ypprovcd 3.200 square foot restaurant space to create a 3,609
square foot reslaurant space for "The Kitchen Caf&;° occupancy
$37 people; hours of operation from 17:06 am to 11.00 pm seven
days per week.
L 0 GA. IC)N 1035 Pearl St.,
;Unlls 100 and 1e1A of WrM End Plaza Condominiums)
COOR. T1NR70W SEG3P
LEGAL DESCR PTIC"- See Exhlalt A Attached
AW-IGAN I Jon Lewin Musk
OWNER- West End lnve9tmeritx, LLC
APPLIC11f ION' Use Review Amendment, LUR2010-M62
ZONING: DT-2
GA81E MANAGE fZ: Chandler Van Scheack
VLSTLD PROPERTY RIGHT. NO; the owner has waived Chu opportunity to crcalr'
such riSht under Section 9-2-19, B.R_C-1081.
I OR : ONDITION OF APPROVAL. SEE THE F01-1-01iVI NC PAGES CF THIS
D Sf OSLTION.
Approved On: 0
Dana
By
[-,ZfFDrPj 6'• Execut' C'•,ectcrof Ccmrrunity 171anning
This deci-iiw^ rra f be appeafed tr t•hv Planning Board oy ilirg an appeal elte• with the
Phr~ inq Department vAthin two weeks or the decision talc. I! ^x) such %ppem is riled,
the decl4,on shall be da~-fnf< fimil `ourtecn darys af-er The date above men- ro d.
Appeal to Planning Board expires: { 2- # Jj
IN ORDER FOR A BUILDING PL: 14011 APPI I( ATION TO LCE PRC. ,-ESGED FOR TH IS
PROJEC;T,A IGNFnn 'VCLOPMENT AGREEL,1ciJ1muSIBE SL;BraiIrED I'DTHE
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PLANN.N{; DrPAR-1Arh-, I I I HF l FVEL0 PW-NI AGREEMEN1 IS NOI SIGNED
YV17HIN NINETY (9C~L:,n;YS C;F THE FINAL DECISION DATE, THE P-A.NNING
M-Lr R I UF-N I APPIRCIVIAl AJTOf,?AI ICAL:.Y =-XPIRFFS
Pursuant to Sect on 9-2-- 2 of the Land Use Rer,u ahcrs [Boulder Reyiaed Coda.
the appllcan: musl begin and subslamially corr. plete the approved development within
ihres years from tha case of 'pa-oval. Failure to 'subsl.antially comp!Clc" (as refined
•rr , ~ : Vm 9 2-12)1hr; ;irstftrtnrtmk tv -,hin I'S,eee yearn MiAl ranaa Ihis ce-vPop'ne-M
approva! :o expire.
CONDITIONS OF APPROVAL
The Applicarl s"ali he resnonslble for ensur "g ?hat the development shall be in
compliance with all approved plans dalcd C7cx:urrhur 10, 201 D on No •r the City ur
Bculder a ,ning Depar-Iment, euoept to the ex-ent that the development may be
rnodifrrd zy -hc rc-dibons of this approval. Funccr. the Fapiirarl'shall rnsurc'hvt
the i;xarnve~: I ISe is i31)eriled n rorri-. ark,e M l ^ II^e ,Iallnw ng reslr coons:
a. I he Applina^.1 sPall operate the business in a,e.ca•Cancr: with the fvlanagemenl Ilan
dated Ncvelr ber 28, 201 D which a attached to this Notice of Disposition.
o. Size of the approved use shall be limited to S,GM sq;,arc fact.
c The aoprovcc u5C shall be. clo::cd frorn 11 00 p m to 1100 a:n *cecn nays pcr
week.
1. 1 he Ao;)litanl shall eompiyr with all previous conditions oontalnec In any preelous
approvals, cxccp- w The cx1cm That ar•y prmous coevlil ores -"ay ba ineonststcnt iv 1h
this approval, Includinc.:r.r9 not llmrled to, the following: the development Agreement
mrrirrind ai RPrentinn No 97S3188
:3. Thc. Apia cant shall not expand or rn adify the apptnvvd use, uxr,cpt adrsuam; ;o
:.Jm eet br.. 9 ? ' 5;11). R f i t 1981
4 Prior to a bude:ng ~erfr 11 appllcatirr the ^yopotred outdoor s.eallro area, as shown o,) the
approved plans, thai projects into t-c. ajb ic. rigri-f-way must be approved as a 640ht-of-way
lease pursuan':1c section H-CrU, B.R.C. T99' .
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EXHIBIT A
GondominiUtn Units U-100 and U-101A and the associated General Commen Element
nece&sary for egress through the hack halivray to the exit in the rear of the building.
West End Plaza Condominiums as shown on the Amended and Restate-e. C.=nndnm'inium
Map of West End Plaza Condominiums, recorded 00ober 15, 2010, as Reception No.
:31[15715 and as defined by the Declaration of 'Jest End Plaza Condominiums,
recorded April 6, 2010, as Reception No 3057769 and First Amenriment b
Condominium Declaration of Wrist t-rv.1 Condomiruurn4 retx'ordw] un Ck.tobf.,r 15. 2010 nt
Reception N€y..3101 714
County Of Boulder,
Stales of CUTUra5: U.
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Attachment B: Vicinity Map
City of Boulder Vicinity Map
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1035 Pearl Sr
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Location: 1035Pesr7 Sz 100
Project Name: The Krrchen Resraur'atir ri :acv
Review Type: Ilse Review ~dC, R, ~y
I ~
Review Number: LUR2010-00062 '~"•I,.~4.~.11~ -n.~~
Iirn:~lo lr: .w~rrrtJ aapaw~xmdl~ ud:
1 inch = 32 ] feet
Appiicant: Jen Lewin Mask
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Attachment C: Applicant's Proposed Plans
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Attachment D: Applicant's Manalzement Plan
The Kitchen Cafe Management Plan
1035 Pearl Street, Suite 100
Boulder, Colorado
November 28, 2010
The Kitchen has been a good neighbor in this community for almost 7 years. We will extend our
reputation in The Kitchen Cafe space next door at 1035 Pearl Street. Hours of operation will be
from 11 am to 11 pm. The previous restaurants that were in this space were late night operations,
closing as late as 2am with loud DJ music playing late night. Our music policy is to keep it for
background ambience only. Our limited operating hours will also have a smaller impact on the
Boulder neighborhood.
Security will be managed by our floor staff. Since we will be a casual neighborhood restaurant
we do not expect the security needs to be any more than The Kitchen.
The Kitchen has an excellent reputation for managing alcohol use by its employees and
patrons. Our drug and alcohol policy does not allow for employees to drink alcohol while
working at The Kitchen Cafe. In addition, we expect all clientele to behave in a respectable
manner and don't tolerate over-drinking. All our employees currently go through TIPS
certification and we will bring the same policy to The Kitchen Cafe. Refer to Appendix A for the
full manual and handbook for all of our Front of House staff.
We expect loitering to be at a minimum around The Kitchen Cafe. The nature of the restaurant
is a casual dining spot and will have a significant reduction in loitering from the previous use that
encouraged late night partying in and around the restaurant.
The Kitchen Cafe will extend the community giving philosophies of The Kitchen. We work
closely with our local farmers to support them and bring their goods to our customer's table.
Through The Kitchen Cafe we will also be able to increase our support for putting gardens in
local schools and getting kids in our Boulder community exposed to real food and vegetables.
While we have never had a dispute with our neighbors in the past, we will deal with any issue
with the utmost diligence and a policy of over-communicating.
Deliveries and trash collections should not be impacted much as this is a minor expansion. The
current schedule is as follows:
- 3 yard trash bin is serviced 6 day a week (not on sun)
- 3 yard recycle bin is serviced 6 days a week (not on sun)
- 2 yard recycle bin is serviced 5 days a week (not on tues or sun)
- 2 yard compost bin is serviced mon, weds, fri.
- we will be sharing these bins and the same schedule with the new restaurant
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Attachment E: Use Review Criteria for Review
USE REVIEW CRITERIA
Section 9-2-15
(e) Criteria for Review: No use review application will be approved unless the approving agency
finds all of the following:
x (1) Consistency With Zoning and Nonconformity: The use is consistent with the
purpose of the zoning district as set forth in section 9-5-2, "Zoning Districts," B.R.C. 1981,
except in the case of a nonconforming use;
The property is located in the Downtown-2 (DT-2) zone district. The DT-2 zone district is
defined as `A transition area between the downtown and the 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. "
This application fulfills the standard set forth in Table 9-6-1, "Use Table, " B.R.C. 1981,
which requires Use Review approval to operate "restaurants and taverns that are: over
1,500 square feet in floor area, outside of the University Hill general improvement district;
over 4, 000 square feet within the University Hill general improvement district; or which
close after 11: 00 p.m. " in the DT-2 zone district.
X (2) Rationale: The use either:
X (A) Provides direct service or convenience to or reduces adverse impacts to the
surrounding uses or neighborhood;
The proposed restaurant will be a reduction in impactfrom the previous
restaurant that was located there, which was open until 2:00 am and served
as a late night dancing venue with loud DJ music (use review approval
L UR2010-00065). The nature of the proposed new restaurant is a casual
neighborhood dining spot which will have a significant reduction in loitering
from the previous use that encouraged late night partying in and around the
restaurant. The hours of operation will be from 11:00 am to 11:00 pm, and
the music policy as stated in the Management Plan is to keep music for
background ambience only. Finally, the restaurant will provide a direct
service to both the neighborhood as well as the greater Boulder community in
that it will serve primarily organic and locally produced food, which will help
support local farmers as well as increase the Kitchen's existing support for
putting gardens in local schools and getting kids in the Boulder community
exposed to real food and vegetables.
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(B) Provides a compatible transition between higher intensity and lower
intensity uses;
(C) Is necessary to foster a specific city policy, as expressed in the Boulder
Valley Comprehensive Plan, 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
(D) Is an existing legal non-conforming use or a change thereto that is
permitted under subsection (f) of this section;
x 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;
Since the proposed restaurant is replacing a previously approved restaurant in the same
space (LUR2005-00065), the location has already been found to be compatible with nearby
properties. While the size will exceed the previously approved size and occupancy by 409
square feet and 39 people, respectively, the reduction in intensity resulting from the earlier
closing time as well as the lack of a "late night partying" aspect will result in an overall
reduction in impacts on nearby properties and uses. As mentioned above, the operating
characteristics overall will represent a significant reduction in community impacts.
X (4) Infrastructure: As compared to development permitted under section 9-6-1,
"Schedule of Permitted Land Uses," B.R.C. 1981, in the zone, or as compared to the existing
level of impact of a nonconforming 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;
The proposed restaurant will have no effect on existing utilities or infrastructure beyond
what was already occurring during the operation of the previous restaurant.
X (5) Character of Area: The use will not change the predominant character of the
surrounding area; and
The subject site is located in downtown Boulder. The areas to the south, east, and west of the
site all have some form of DT zoning, and are thus highly active, with several restaurants,
late-night bars, and retail establishments. The area immediately to the north of the site is
zoned RMX-1, which contains a mix of residential, commercial, and retail uses. The site is
also located immediately across the street to the west of the Pearl Street Mall, and thus sees
high levels of pedestrian and tourist traffic. Overall the "West End" of Pearl is a highly
developed urban area that supports Boulder's economy and is a center for both day and
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night time activity. The proposed restaurant will farther support this character by adding to
the already diverse dining opportunities located in the neighborhood.
n/a (6) Conversion of Dwelling Units to Nonresidential Uses: There shall be a presumption
against approving the conversion of dwelling units in the residential zoning districts to
nonresidential uses that are allowed pursuant to a use review, or through the change of one
nonconforming use to another nonconforming 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 daycare center, park, religious assembly, social
service use, benevolent organization use, art or craft studio space, museum, or an educational
use.
Not Applicable. The proposed restaurant is not located in a residential zone district and will
utilize an already existing restaurant space.
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