Minutes - Planning Board - 10/20/2011
CITY OF BOULDER
PLANNING BOARD ACTION MINUTES
October 20, 2011
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: httl2://www.bouldereolorado.gov/
PLANNING BOARD MEMBERS PRESENT:
Aaron Brockett
Bill Holicky
Willa Williford (formerly Johnson)
Tim Plass
Danica Powell
Andrew Shoemaker, Chair
Mary Young
STAFF PRESENT:
David Driskell, Executive Director of Community Planning & Sustainability
Clay Douglas, Assistant City Attorney
Susan Richstone, Comprehensive Planning Manager
Charles Ferro, Land Use Review Manager
Elaine McLaughlin, Senior Planner
Bev Johnson, Planner II
Jessica Vaughn, Planner I
Heidi Schumm, Civil Engineer I
Debbie Fox, Administrative Specialist III
TRACK 1
1. CALL TO ORDER
Chair, A. Shoemaker, declared a quorum at 6:05 p.m. and the following business was
conducted.
2. APPROVAL OF MINUTES
3. PUBLIC PARTICIPATION
4. DISCUSSION OF DISPOSITIONS, PLANNING BOARD CALL-UPS
A. Subdivision of the property located at 1685 38th Street, TEC2011-00004. 1685 38th
Street
The board did not call this item up.
5. PUBLIC HEARING ITEMS
A. Site Review and Preliminary Plat for RTD bus rapid transit station, 78
permanently affordable housing units, 390 space parking structure, a 140 room
hotel and renovation and repurposing of historic depot building, along with
associated.plaza space and public arts display.
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Applicant / Owner: Scott Pedersen/Regional Transportation District (RTD) and City
of Boulder
W. Williford was recused from item 5A.
Staff Presentation
E. McLaughlin presented the item to the board.
Applicant Presentation
Scott Pederson, owner of the Pederson Development Company, presented the item to the board.
Public Hearing
No one from the public spoke to the board.
Board Discussion
Building Architecture
Overall, the board was pleased with the changes made since concept plan. The board had mixed
reaction to the curtain wall as it currently exists, with issues cited with the environmental and
durability concerns of the current proposed materials. The board is comfortable with staff dealing
with the changes at a later step in the process. There was some concern with the ground level
architectural design, but in general there was an acceptance of how it is currently proposed.
Landscaping
Some board members felt the plaza needs a better definition of place and more integration of
public art to provide shade for seating and drawn the public to the area.
On a motion by M. Young, seconded by D. Powell, the Planning Board approved 6-0,
(W. Williford recused) Site and Use Review application LUR20 1 1-00046 and
Preliminary Plat application LUR20 1 1-0004 5 based on the findings provided within the
memorandum dated October 20, 2011 and with the following conditions of approval and
adding a recommendation that the Applicant shall add increased detail at the pedestrian
level on the architectural plans and to integrate greater landscape and shade opportunities
in the plaza to the extent practical:
CONDITIONS OF APPROVAL
Conditions of Site Review Approval:
1. The Applicant shall be responsible for ensuring that the development shall be in
compliance with all approved plans dated Oct. 10, 2011 on file in the City of
Boulder Planning Department, except to the extent that the development may be
modified by the conditions of approval.
2. Prior to a building permit application, the Applicant shall submit a Technical
Document Review application for the following items, subject to the review and
approval of the City Manager:
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a. Final architectural plans, including materials and colors, to insure
compliance with the intent of this approval and compatibility with the
surrounding area. The architectural intent and quality shown on the
elevation plans dated Oct. 10, 2011 is acceptable. Planning staff will
review plans to assure that the architectural intent and quality is
implemented throughout the process.
b. A final site plan which includes detailed floor plans and section
drawings.
C. A final utility plan meeting the City of Boulder Design and
Construction Standards.
d. A final storm water/drainage report and plan meeting the City of
Boulder Design and Construction Standards, which include information
regarding the groundwater conditions (geotechnical report, soil borings,
etc.) on the Property, discharge points for perimeter drainage systems
and methods that will be used to protect the existing wetland areas.
C. Final transportation plans meeting the City of Boulder Design and
Construction Standards and CDOT Access Code Standards, for all
transportation improvements. These plans must include, but are not
limited to: Junction Place plan and profile drawings, Junction Place
cross-sectional drawings, signage and striping plans in conformance
with Manual on Uniform Traffic Control Devices (MUTCD) standards,
transportation detail drawings, geotechnical soils report, and pavement
analysis. In addition to all other requirements, the Applicant shall
provide final drawings that depict:
i. A multi-way boulevard style access plan as provided by the city,
that provides for a shared pedestrian, bicycle, and vehicular access
system along the Pearl Parkway frontage; or
ii. An access plan that includes on-street parking that is consistent
with the street section requirements for Pearl Parkway that are
described in the Transit Village Area Plan.
f. A detailed landscape plan, including size, quantity, and type of plants
existing and proposed; type and quality of non-living landscaping
materials; any public art (to address safety and circulation); any site
grading proposed; and any irrigation system proposed, to insure
compliance with this approval and the City's landscaping requirements.
Removal of trees must receive prior approval of the Planning
Department. Removal of any tree in City right of way must also receive
prior approval of the City Forester.
g. A detailed outdoor lighting plan showing location, size, and intensity
of illumination units, indicating compliance with section 9-9-16,
B.R.C.1981.
h. A detailed shadow analysis to insure compliance with the City's solar
access requirements of section 9-9-17, B.R.C.
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i. A sign program to insure compliance with the intent of this approval
and the requirements of section 9-9-21, B.R.C. 1981.
3. Prior to Building Permit application the proposed outdoor seating area, as
shown on the approved plans, that projects into the Lot 1 shall be approved as a
right-of-way lease pursuant to section 8-6-6, B.R.C. 1981.
4. Prior to a building permit application, the Applicant shall submit a Technical
Document Review application for a Final Plat, subject to the review and
approval of the City Manager and execute a subdivision agreement meeting
the requirements of chapter 9-12, "Subdivision," B.R.C. 1981 and which
provides for the following:
a. The construction of all public improvements necessary to serve the
development.
b. The Applicant shall dedicate to the City all of the necessary right of way,
including without limitation the right of way for Pearl Parkway and
Junction Place and all easements needed to the property with all
transportation and utility services necessary to serve the development
c. The Applicant shall construct the following public improvements, at no
cost to the City and may receive reimbursement, for part or all of the cost
of such improvements shown on the approved preliminary engineering
plans dated Oct. 10, 2011. Any reimbursement arrangement shall be
done in compliance with Chapter 9-12, "Subdivision," as part of a final
plat and subdivision agreement approval.
i. The off-site improvements shall include Junction Place (including
water, storm sewer, sanitary sewer and dry utilities) from Pearl
Parkway to the north side of the depot/parking structure access
roadway for the full east half of roadway to the ROW limits, and the
west half to the back of curb as shown on the project plans. This
cross section north of the bus ramp is currently being refined. The
roadway construction shall be concrete to the north side of the RTD
bus access ramp;
ii. The Applicant shall pay the full cost of the multi-use path connection
at the northeast corner of the Property;
iii. The Applicant shall pay its pro rata share of the costs of the bridge
that crosses over Goose Creek (which includes additional supporting
path connections) near the northern edge of the Property. The
Applicant's pro rata share estimated at the time of this approval is
two percent;
iv. The Applicant shall pay its pro-rata share for street lights and
signalization at the Pearl Parkway - Junction Place intersection. The
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Applicant's pro rata share estimated at the time of this approval is
twenty-five percent; and
v. The Applicant will be responsible for providing the City with the
value of the public improvements, including construction and design,
associated with the standard cross-section which the Applicant
would have been required to build in the Transit Village Area Plan
for Pearl Parkway, also including accommodation for parking that
supports the development. The City will be responsible for any
incremental cost associated with upgrading the public improvements
to a multi-way boulevard style access plan. The Applicant will also
be responsible for the ROW/easement dedication for these
improvements.
Conditions of Use Review Approval for a Restaurant with Outdoor Seating within the
Depot Building:
1. The Applicant shall be responsible for ensuring that the development shall be
in compliance with all approved plans dated Oct. 10, 2011 on file in the City
of Boulder Planning Department, except to the extent that the development may
be modified by the conditions of this approval. Further, the Applicant shall
ensure that the approved use is operated in compliance with the following
restrictions:
a. Size of the approved interior use shall be limited to 3,000 square feet.
b. Size of the approved exterior use shall be limited to 1,800 square feet.
c. The approved interior use shall be closed from 2:00 a.m. to 8:00 a.m.,
seven days per week.
d. The approved patio use shall be closed from 12:00 a.m. to 8:00 a.m.
seven days per week.
e. Trash and bottles shall not be removed to outside trash containers
between the hours of 10:00 p.m. and 8:00 a.m.
2. The Applicant shall not expand or modify the approved use, except pursuant
to subsection 9-2-15(h), B.R.C. 1981.
Conditions of Use Review Approval for a Restaurant or Tavern with Outdoor Seating
within the Hotel:
1. The Applicant shall be responsible for ensuring that the development shall be
in compliance with all approved plans dated Oct. 10, 2011 on file in the City
of Boulder Planning Department, except to the extent that the development may
be modified by the conditions of this approval. Further, the Applicant shall
ensure that the approved use is operated in compliance with the following
restrictions:
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a. Size of the approved interior use shall be limited to 3,000 square feet.
b. Size of the approved exterior use shall be limited to 1,800 square feet.
c. The approved interior use shall be closed from 2:00 a.m. to 8:00 a.m.,
seven days per week.
d. The approved patio use shall be closed from 12:00 a.m. to 8:00 a.m.
seven days per week.
e. Trash and bottles shall not be removed to outside trash containers
between the hours of 10:00 p.m. and 8:00 a.m.
2. The Applicant shall not expand or modify the approved use, except pursuant
to subsection 9-2-15(h), B.R.C. 1981.
B. Public hearing and recommendation to City Council on proposed amendments to
Title 9, "Land Use Code", B.R.C. 1981, regarding use standards and for
breweries, brewpubs, distilleries and wineries.
A. Shoemaker and D. Powell recused themselves from 5B item due to the appearance of
impropriety since their children attend Boulder Country Day. B. Holicky also recused due to the
fact he his client will be immediately affected by the outcome of item 5B.
W. Williford joined the meeting.
Staff Presentation
B. Johnson presented the item to the board.
Public Hearing
1. Clif Harold, 2440 Pearl Street. Executive Director of the Boulder Economic
Council. He spoke in support the staff recommendation and noted that the code
change is common sense and necessary for businesses that are vital to Boulder's
economy - natural food and tourism.
2. Mike Sheilds, 4820 Nautilus Ct, pooled time with Eric Shannon, 700 Yellow
Pine, and Tony Eam Law, 4724 Bella Vista Drive - Head of School for Boulder
Country Day (BCD). He outlined the school's history and mission and implored the
board to consider a 500 ft. setback for these types of businesses operating near
schools to keep the children safe.
3. Buddy Ketchner, 1801 13`x' Street, pooled time with Stephen Katke, 5637 Rim
Rock Court and Cindi Hart, 4464 Hogan Ct - On the board of BCD. He asked the
board to close loophole of 500 ft. of selling liquor from schools for the safety of the
children.
4. Joe Brooker, 9470 Owl Lane, pooled time with Ilena Sica, 1001 North Street, and
Eugenie Holbrook, 912 Juniper Ave - Chairman of the BCD board. He also asked
to close loophole of 500 ft. of selling liquor from schools to give buffer. He cited the
Thunderbird issue as a possibility for another loophole during Site Review, if this
isn't added in the code. He also asked for the 500 ft. measurement be made from the
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school's property boundary and that it should include tap rooms and bars. He asked
to sit down with staff to help craft proper language.
5. Peter Weber, Coburn, 6318 Jay Road - Architect for the Avery Brewery project.
He supports the ordinance and spoke to the fact there aren't a lot of places to eat in
Gunbarrel. He also supports staff recommendation for having items like this dealt
with at the site review level. He also noted the 500 ft. is specific to the restaurant, not
taprooms.
6. Steve Breezley, 370 Rendezvous - Director of Operations for Avery Brewery. He
spoke on Adam Avery's behalf and asked for the code change because food helps
control liquor consumption in a responsible manner. Avery supports staff
recommendation.
7. Matt Cutter, 1501 Lee Hill #20 - Founder of Upslope Brewing. He explained how
they use food bucks to help provide food for their patrons and that this code change
will help reduce liability, so he supports the staff recommendation.
8. Jeff Brown, 4168 Amber Place - President of Boulder Beer. He agrees with the
need for the opportunity and option to provide food for patrons. He spoke of the
concern for the land use code changes that could change his neighborhood from
Industrial to Mixed Use with the new development at Pearl and 30`n
9. Patrick Perrin, 660 Arapahoe - Council for Avery Brewery. He supports staff
recommendation for code change, does not support the 500 ft. restriction. The
restriction would prohibit the food from being 500 ft., not the tap room or brewing
elements. He noted that the 500 ft. rule applies for a city issued license and
discretionary whether to apply, eliminate or reduce the rule.
10. Katherine Wittenberg, 1790 Baseline Road -Parent of student at BCD. She
reemphasized that the children are across the street from a brewery and restaurant and
implored the board to keep the 500 ft. rule.
Board Discussion
The board addressed the following questions, as posed by staff:
1) Does the board support the proposed definitions for breweries, brewpubs, distilleries, tap
rooms, tasting rooms and wineries?
The board agreed unanimously.
2) Does the board support the proposed change to the use table?
The board agreed unanimously.
3) Does the board support the proposed use standards for restaurants, breweries, wineries and
distilleries?
W. Williford asked for item 3.5A to be amended with "1000 sq. or greater" per the potential
discrepancy in the proposed definitions and proposed ordinance. The City Attorney
responded that staff will review and amend that discrepancy, if needed.
T. Plass would like staff to consider whether there should be a maximum size, with
additional requirements, as larger restaurants will have larger impacts. A. Brockett agreed
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and suggested a graded percentage as the square footages got larger. W. Williford would
support that suggestion.
4) 4. Does the board support an additional use standard to require a 500 ft. restaurant set back
from schools?
A. Brockett understands where the parents of Boulder Country Day are coming from, but the
intersection of state liquor law and local authority does not lend itself well to the 500 ft.
restaurant setback in this circumstance. He noted that the potential source of problem is the
tap room location, which we have no control over, and it doesn't make sense to place greater
restrictions on food service than on alcohol service.
T. Plass agreed. He also noted that since the rule is in regards to restaurants with food and
not to the liquor in the tasting room, it this does not seem to be appropriate to limit the loop
hole that was cited during the public hearing.
W. Williford agreed with what has been said thus far and is disinclined to put restrictions on
restaurants. She encouraged BCD to continue to work with Avery through the other
regulatory avenues. She will support the staff recommendation.
M. Young also agreed with what has been stated and will support the city's desire to support
responsible drinking, therefore will support the staff recommendation.
T. Plass noted that the potential abuses would likely happen when school is not in session.
He did have concerns about the broader implications in regards to the concentration of these
facilities in a given area, as well with the size limitations. He questioned what the public
transit will be for facilities in industrial areas, recommended getting the police involved for
the issues regarding large restaurants/large taprooms and suggested that staff go the to
Beverage License Authority to get their input on the larger implications. He does agree that
serving food with liquor is good and also agreed with speaker from Boulder Economic
Council.
A. Brockett noted that the compatibility issue with Avery Brewery Concept Plan and BCD
will be closely reviewed when it come through in December.
On a motion by W. Williford, seconded by A. Brockett, the Planning Board approved 4-0, (B.
Holicky, D. Powell and A. Shoemaker recused) to recommend to City Council the approval of
the proposed amendments to Title 9, "Land Use Code", B.R.C. 1981, regarding definitions and
use standards for breweries, brewpubs, distilleries and wineries, per the staff memorandum.
T. Plass asked if the board agreed that the staff be directed to review the implications he outlined
under board discussion.
7. MATTERS FROM THE PLANNING BOARD, PLANNING DIRECTOR, AND CITY
ATTORNEY
8. DEBRIEF/AGENDA CHECK
9. ADJOURNMENT
The Planning Board adjourned the meeting at 8:32 p.m.
APPROVED BY
Board Chair
11-3-I(
DATE
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