Address: 1023 Walnut St. Suite 400

MEMORANDUM

TO: Planning Board FROM: Elaine McLaughlin, Case Manager DATE: October 27, 2017 SUBJECT: Call Up Item: USE REVIEW (LUR2017-00064): Use Review proposal to allow a rooftop patio located on

the third story roof of the Walnut-street side of the PearlWest building, 1023 Walnut Street, unit 400, in the DT-5 zoning district comprised of an approximately 6,369 square feet of outdoor dining space with 74 outdoor seats for the proposed 3,265 square foot restaurant with 85 interior seats interior seats; and a total of 240 seats for occasional special events on the patio.

Background. Last May, staff approved a Use Review for this same restaurant patio located at 1023 Walnut, suite 400, for an outdoor dining area on the third story rooftop. Since that time, the applicant has requested an updated Use Review to document the total number of seats that would be permitted on the patio for special events such as weddings, graduation parties, etc. that must be consistent with the application for liquor license. The applicant is also requesting later hours than was originally proposed, but only for the interior portion of the restaurant, not the patio area. The restaurant site is located within the Walnut Street side of the PearlWest Building on the fourth floor and the patio area is the rooftop of the third story. The iconic-looking rooftop restaurant space, which appears to project above the third floor, was approved in the Site Review in 2012. The Land Use Code (section 9-6-1) requires any restaurant with an outdoor seating area of 300 square feet or more within 500 feet of a residential zoning district to apply for that use through a Use Review. The intent of this zoning district as stated in the Land Use Code, section 9-5-2, B.R.C. 1981 is:

“The business area within the downtown core that is in the process of changing to a higher intensity use where a wide range of office, retail, residential and public uses are permitted. This area has the greatest potential for new development and redevelopment within the downtown core.”

The DT-5 is based on the Boulder Valley Comprehensive Land Use Designation for the property of Regional Business. On page 63 of the BVCP it states,

“Within these areas are located the major shopping facilities, offices, financial institutions and government and cultural facilities serving the entire Boulder Valley and abutting communities. These areas will continue to be refurbished and upgraded and will remain the dominant focus for major business activities in the region.”

Proposed Project. There is an existing 6,369 square foot outdoor patio on the rooftop of the third story at 1023 Walnut and there are 66 existing seats that are open and available to the public and that help to meet the open space requirement for PearlWest. As a condition of the site review approval for the PearlWest, an Open Space Management Plan was prepared that illustrated an opportunity for public access to the rooftop patio without being a restaurant patron. Within Suite 400 of the building is the proposed 3,265 square foot restaurant with 85 interior seats and a 1,469 square foot outdoor dining area with 74 seats. Attachment C is provided as a site plan for the PearlWest Restaurant at 1023 Walnut, Suite 400 and illustrates areas on the rooftop patio that are for exclusive use of the restaurant; areas where members of the public can visit without being a restaurant patron; and areas where the restaurant may close the entire patio for use in private events. The total number of outdoor seats proposed for special events is 240 seats for weddings, graduations, and the like, for no more than 30 consecutive days per year. The proposed hours of operation are: 10:00 a.m. until 2:00 a.m. Monday- Sunday for the interior restaurant only; and the outdoor dining and rooftop patio area will close every night no later than Midnight. Refer to Attachment A for the signed disposition and management plan and Attachment C for the project site plan. Analysis. The proposed restaurant with outdoor seating was found to be in conformance with the Use Review criteria found in section 9-2-15, B.R.C. 1981, refer to Attachment B. In addition, the use of the rooftop as a patio space was described in the Site Review process as being an opportunity to frame broad views toward the Flatirons, and make the space available to members of the public without having to be a restaurant guest. In this regard, the applicant has demonstrated how the space can operate for public viewing during daylight hours. Per section 9-4-2, B.R.C. 1981, a notice of disposition must be sent to the Planning Board for consideration of call-up of the disposition within a 14-day call up period, Attachment A.

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Address: 1023 Walnut St. Suite 400

The number of special events in which the private rooftop patio would be closed to members of the public does not change from the previous approval; rather, the specific number of seats permitted on the rooftop patio for special events would be documented for the days not to exceed 30 days per year. As can be seen in excerpts from the approved management plan and the new management plan below, the intended days of closure of the patio to the non-restaurant patron members of the public are the same with the same stipulations for closure and access. The intent in the new management plan was to ensure that the patio can have the special events seating to mesh with the liquor licensing.

Initial Approved Management Plan re: patio New Management Plan re: patio In addition, as was noted previously, a takeaway food option will be provided at the restaurant’s bar for members of the public who wish to come to the rooftop for the view but don’t want to have a full sit-down dinner.

Public Comment. Consistent with section 9-4-3, Public Notice Requirements, B.R.C. 1981, staff provided notification to all property owners within 600 feet of the subject location of the application, and a sign has been posted on the building by the applicant indicating the review requested. One phone call was received by a nearby resident who lives at 1102 Canyon Blvd. who noted that the rooftop patios along the 1100 block of Walnut Street, nearest their condominium, are often loud during summer months. Staff found in those examples that one restaurant was operating outside of the land use code and notified the property owner. Because the location of the planned patio would be behind walls on the north and west sides of the space, the noise would likely be less impactful than the rooftop restaurant that was out of compliance with noise standards. Similarly, the management plan for the proposed rooftop patio includes stipulations about outdoor, amplified music ending at 10:00 p.m. Project Analysis and Conclusion. Staff finds that this application is consistent with the Use Review criteria found in subsection 9-2-15(e), “Criteria for Review,” B.R.C. 1981. Refer to Attachment B for the complete Use Review analysis. This proposal was approved by Planning and Development Services staff on October 20, 2017 (see Attachment A) and the decision may be called up before Planning Board on or before Nov. 3, 2017. There is one Planning Board meeting within the 14-day call up period, on Nov. 2, 2017. Questions about the project or decision should be directed to Elaine McLaughlin at (303) 441-4130 or mclaughline@bouldercolorado.gov

Attachments: A. Signed Disposition and Management Plan B. Analysis of Use Review Criteria C. Project Plan

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Address: 1023 Walnut St., Suite 400

ATTACHMENT A: Signed Notice of Disposition

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Address: 1023 Walnut St., Suite 400

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Address: 1023 Walnut St., Suite 400

Exhibit A: Management Plan

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Address: 1023 Walnut St., Suite 400

ATTACHMENT B: Analysis of Proposed Project with Use Review Criteria

(e) Criteria for Review: No use review application will be approved unless the approving agency finds all of the following: √ (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 intent of this zoning district as stated in the Land Use Code, section 9-5-2, B.R.C. 1981 is:

“The business area within the downtown core that is in the process of changing to a higher intensity use where a wide range of office, retail, residential and public uses are permitted. This area has the greatest potential for new development and redevelopment within the downtown core.”

The DT-5 is based on the Boulder Valley Comprehensive Land Use Designation for the property of Regional Business. On page 63 of the BVCP it states,

“Within these areas are located the major shopping facilities, offices, financial institutions, and government and cultural facilities serving the entire Boulder Valley and abutting communities. These areas will continue to be refurbished and upgraded and will remain the dominant focus for major business activities in the region.”

The location of the proposed restaurant was considered as a part of the Site Review approval for the PearlWest development approved in Sept. 2012 under the case no. LUR2012-00008. The intent of both the zoning and the Site Review approval is to permit active uses within the downtown core that will contribute to the economic viability and pedestrian orientation of this area of West Pearl. (2) Rationale: The use either:

√ (A) Provides direct service or convenience to or reduces adverse impacts to the surrounding uses or neighborhood;

The restaurant is located within West Pearl, in the PearlWest development where other restaurants and activities are also located, and within an area of the downtown that is highly walkable from surrounding neighborhoods. The ability walk, bike or bus to the restaurant is easily accomplished given the central location. The outdoor patio proposal will enhance the setting, providing an opportunity to dine outside during warmer days.

n/a (B) Provides a compatible transition between higher intensity and lower intensity uses; n/a (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

n/a (D) Is an existing legal non-conforming use or a change thereto that is permitted under subsection (f) of

this section;

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Address: 1023 Walnut St., Suite 400

√ (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; The restaurant and patio are within the context of other restaurants with patios that integrate well into the existing urban context of West Pearl, Walnut and 11th streets. The operating characteristics of the restaurant and patio are such that the hours of operation will have minimal impacts on the residential located to the north of the north side of Pearl Street and along Canyon Boulevard at 11th Street. √ (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 infrastructure for the site is already integrated into the urban context of the site. √ (5) Character of Area: The use will not change the predominant character of the surrounding area; The restaurant will enhance the character of the surroundings by providing outdoor seating and dining on a rooftop terrace anticipated as a destination for dining, gathering with a scenic view of the Flatirons at the new PearlWest building. 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 to this case, this is not a proposed conversion of residential to non-residential use.

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Address: 1032 Walnut Street

ATTACHMENT C: Plan

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