[bouldercouncilhotline] Hotline: FW: Hotline: Alcohol and 500 foot rule - Another First Reading Question

[cmosupport at bouldercolorado.gov]

Sender: Guiler, Karl

Dear Members of City Council,

This is the second message that was not properly sent last week as a response to councilmember Cowles questions. Please let me know if you have any questions.

Karl


-----Original Message-----
From: Guiler, Karl
Sent: Wednesday, October 09, 2013 10:55 AM
To: CMOSupport; bouldercouncilhotline at list.ci.boulder.co.us
Subject: RE: [bouldercouncilhotline] Hotline: Alcohol and 500 foot rule - Another First Reading Question

Dear Councilmember Cowles,

This message is in response to your recent request for information related to the 1996 zoning changes on restaurants and taverns in the Whittier /East Pearl neighborhood.  Staff has attached the applicable staff memorandums and ordinances that effectuated the changes to the zone around Whittier/East Pearl which is currently called DT-2 (previously it was termed an RB zone). Under current regulation, restaurants or taverns under 1,500 sf are considered conditional uses (requires staff level review with no call up) unless they are open after 11pm. Restaurants or taverns over 1,500 sf and/or operating after 11pm require Use Review (discretionary review with potential call up by members of the public or Planning Board). 

The code was also changed in 1996 to require neighborhood meetings in this zone so that communication could be established between neighbors and prospective operators as an opportunity for operators to discuss their proposal and hear the concerns of neighbors. This applies to both conditional use applications and Use Review applications. These requirements are similar to what occurs on the Hill, with the minor difference being that management plans are required on the Hill and not in DT-2. Despite this, staff typically recommends that establishments prepare management plans in the Whittier/East Pearl area.

The proposed code changes to be considered on Oct. 15th would maintain the process described above for the Whittier/East Pearl area and would actually expand it to other similar areas in Boulder (as described in the paragraph below). The DT-2 would still maintain the 1,500 sf threshold for Use Review with the exception that under the proposed changes, uses meeting the definition for Tavern or Brewpubs would automatically require Use Review (at any size) and uses defined as neighborhood pub or bistros (associated with Beer and Wine licenses and a minimum food percentage) would be permitted to be open until 12am without Use Review. The later closing time based on the fact that this use would not serve hard alcohol and emphasizes food service. Late night restaurants without a liquor license would also be permitted as conditional use if they close at 12am to encourage a late night food option. If they were to operate after 12am, a Use Review would be required.

Taking into account the success of the changes to the DT-2 area, the same process is proposed to apply to other similar areas that are business districts within close proximity to residential neighborhoods (termed throughout the memorandum as "interface areas"). This includes the following proposed interface areas: MU zones (Pearl Street east of 18th), BMS (West Pearl, The Hill, uptown Broadway), and the DT-1, DT-2, and DT-3 zones which are the least intense downtown zones adjacent to residential zones. In these areas, like DT-2 described above, restaurants under 1,500 sf would be conditional uses (staff level review) but would have to close at 11pm. Restaurants wanting to operate after 11pm would have to be categorized as Late Night Restaurants, which in interface areas, would not be permitted to hold a liquor license.  Neighborhood pubs or bistros greater than 1,500 sf would require Use Review. As stated above, Taverns or Brewpubs would automatically require Use Review. Both conditional reviews and the discretionary Use Reviews would require neighborhood meetings and management plans. Lastly, the section in the land use code on management plans has been updated to be more descriptive with the goal of better drawing out descriptors of a particular use so that potential impacts can be property identified. These changes are modeled on what has been used in the Whittier/East Pearl and are proposed to better protect residential areas from impacts of hospitality establishments.

Should you have any additional questions, please don't hesitate to contact me.

Karl


Karl Guiler, AICP
Planner II/Code Amendment Specialist
City of Boulder Department of Community Planning & Sustainability Planning & Development Services Center
1739 Broadway, 3rd Floor
Boulder, CO  80306-0791

Phone: 303.441.4236
Fax: 303.441.3241
Email: guilerk at bouldercolorado.gov


-----Original Message-----
From: cmosupport at bouldercolorado.gov [mailto:cmosupport at bouldercolorado.gov]
Sent: Monday, October 07, 2013 7:49 AM
To: bouldercouncilhotline at list.ci.boulder.co.us
Subject: [bouldercouncilhotline] Hotline: Alcohol and 500 foot rule - Another First Reading Question

Sender: Cowles, Macon

As part of consideration of land use changes proposed to regulate alcohol licensees, I request that Council be provided with  summary of the history of Whittier's alcohol land use changes.  Whittier was the first neighborhood to have an 'interface zone' that regulated size and hours of establishment (not just liquor) and it was expanded with the Downtown Alliance work. The Whittier regulations are widely viewed as being successful in helping to increase the fun and interest surrounding East Pearl. These changes are viewed as successful by residents, businesses and visitors.

The Hill certainly has issues but the changes before Council have to do with the entire city and not just the hill. I don't believe anyone from Whittier served on the recent committee, so the committee did not have the citizen input from the successful Whittier experience.

Thanks very much.

Macon Cowles
Boulder City Council Member
1726 Mapleton Ave.
Boulder, Colorado 80304
CowlesM at bouldercolorado.gov
Cell (303) 638-6884
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