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HomeMy WebLinkAboutcoa.lu.tu.406 E Hopkins Ave.0020.2018.ASLU0020.2018.ASLU 406 E HOPKINS AVE TEMP FOOD VENDING Scun..�d� ��I� 414 North First Street Aspen Colorado 81611 Mobile 970 948 3437 e Phone 970 544 2503 Fax 970 920 2758 ebienkowski@hotmail.com Enrique Bienkowski g�' F 0 0 PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS IN � E 4S%►� �,H11 CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0020. 2018.ASLU PROJECT ADDRESS 406 E HOPKINS AVE PARCEL ID 2737 073 30 009 PLANNER GARRETT LARIMER CASE DESCRIPTION TEMP USE FOR SNOWY PINEAPPLE REPRESENTATIVE ENRIQUE J BIENKOWSKI DATE OF FINAL ACTION 05/18/2018 CLOSED BY BONNIE SHILES 7.23.18 Permits 6 File Edit Record Navigate Form Reports Clear Fcrmat Tab Help J 0F0 •� L7. ' W1ain Custom Fields Routing Status Fee Summary Actions Routing it type �slu AsFen Lang Use Address CC€ E HOPKINSA'VE o City ASPEN Cr 0 x mit Information ;Master permit Project 0 CD Description -PPLICATION FOR-EMP USE FOR SNOWY PINEAPPLE N Submitted Submitted via uo Jump 1 b CI Permit 01C C 2C.2018.ASLU Routing queue Iaslu1`_ Applied Status Fencing Approved Clods Running Days Closed./Final Expires IC '162C19 1v O,,vner Last name 1,1AZZ+Al1'HON'' J First name 2C� S MILL ST ASPEN CO 81611 Phone i970;925-803271 Address Applicant W Owner is applicant? ❑ Contractor is applicant? Last name MAZJ_AANTHONY J First name 1 205 S MILL ST Phone k370;325-8D?2 Cust= 2G73t Address ASPEN CO 81611 Email Lender Last name First name Phone ( - Address AspenGold5 (server ange aslasl _ 1 off 1 ,;; ��G fl ►rl Q ✓ G arre Lck r ►'yl ►' CITYOFASPEN NOTICE OF APPROVAL FOR A TEMPORARY OUTDOOR FOOD VENDING LICENSE AT 406 E HOPKINS AVE., LEGALLY DESCRIBED AS LOT K, BLOCK 87 CITY OF ASPEN TOWNSITE, Parcel ID No. 273707330009 APPLICANT: Enrique J Bienkowski PO Box 536 Aspen CO 81612 PROPERTY OWNER: Isis Building, LLC 602 E Cooper #202 Aspen, CO 81611 SUBJECT & SITE OF APPROVAL: The applicant has requested renewal of an approval for a Temporary Outdoor Food Vending business at 406 E Hopkins Avenue, near the entrance to the Radio Board Shop. SUMMARY: The applicant has requested approval to operate a temporary outdoor food/beverage business that will sell primarily shaved ice on private property at 406 E. Hopkins Ave. The temporary use is requested from June 1, 2018 through October 1, 2018. The shaved ice cart has received approval in the past, but under different ownership. The same cart is proposed to be used, but under a different business name. The applicant has the ability to renew once the time frame has expired. No more than one (1) temporary outdoor vending business may operate on a private property parcel at a time. STAFF EVALUATION: Pursuant to Section 26.470.090(H) of the City of Aspen Land Use Code (hereinafter the Code), Temporary Outdoor Food Vending is a temporary use by a restaurant or retailer on private property, private open space, or public property that is subject to a mall lease for food vending or outdoor restaurant seating in the Commercial Core (CC) Zone District and shall be approved, approved with conditions, or denied by the Community Development Director. The proposed location is within the Commercial Core Zone District, and the application has been reviewed against all applicable review criteria, and staff has found it to comply with all standards. A signed letter of approval has been provided from the property owner for this temporary outdoor food vending request. The applicant has indicated shaved ice will be the main item served. The hours of operation will be Monday through Sunday from 10:00AM until 8:OOPM. 130 South Galena Street Aspen, CO 816tt-1975 1 P: 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com 111pV CITY OF ASPEN The proposed food vending business will use a small food cart on wheels, the same cart that has been used in the past. The cart measures 2'9" wide and 61" long for a total size of 16.88 sq. ft., less than the 50-sq. ft. permitted by the Code. The temporary food structure is located on private property of the Isis building, near the entrance to the Radio Board shop that faces Hopkins Ave. If the normal operation of this business in any way impedes the movement of pedestrian traffic, the applicant will be asked to move the structure so that line queues and normal business shall not create interference. The cart has a chalkboard that's attached to the front of the food cart. The entire front of the cart is made of this chalkboard material. The Land Use Code allows only 50% of the surface area to be used for signage. If the Community Development Department receives any complaints relating to the signage, progressive enforcement protocol will be used until the signage meets the requirements of the code. The applicant is requesting approval from June 1 , 2018 through October 1, 2018; however, the business is permitted to continue for a period of one year from the date of this approval without the need to renew with the City. No more than one outdoor vending business may operate on the property at a time. Significant changes to the menu must be vetted with the City's Environmental Health Department. Changes to the hours of operation should be reported to the City's Planning Department. The applicant has received initial approved by the City's Environmental Health Dept. for the proposed business; however, an inspection is required prior to the start of business and must be scheduled with that department. DECISION: Staff finds that the request for Temporary Outdoor Food Vending provided by the applicant, Enrique Bienkowski, shall be granted. The application complies with the review standards for Temporary Outdoor Food Vending in Section 26.470.090(H) of the Code. APPROVED BY: J,�ssica Ga r w Date -,Community Development Director Attachments: Exhibit A - Review Criteria Exhibit B - Application 130 South Galena Street Aspen, CO 81611-1975 1 P: 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com 1� ,K Exhibit A \'qRV CA Staff Findings CITY OF ASPEN 26.470.090.H Outdoor food/beverage vending license. Outdoor food/beverage vending shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: 1. Location. All outdoor food/beverage vending must be on private property and may be located in the Commercial Core (CC), Commercial (Cl), Neighborhood Commercial (NC), or Commercial Lodge (CL) zone districts. Outdoor Food Vending may occur on public property that is subject to an approved mall lease. Additional location criteria: Staff Response: The proposed temporary food cart is located on private property at 406 E Hopkins Ave., which is within the Commercial Core. Staff finds this criterion to be met. a) The operation shall be in a consistent location as is practically reasonable and not intended to move on a daily basis throughout the duration of the permit. Staff Response: The applicant has indicated that the cart will be in the same location it has been in previous years and will not move at any time throughout the time requested. Staff finds this criterion to be met. b) Normal operation, including line queues, shall not inhibit the movement of pedestrian or vehicular traffic along the public right-of- way. Staff Response: The proposed location of the shaved ice cart provides adequate room for line queues to be located on the leased private property, and should not impede pedestrian traffic. If the normal operation of this business in any way impedes the movement of pedestrian traffic, the applicant will be asked to move the structure so that line queues and normal business shall not create interference. Stafffinds this criterion to be met. c) The operation shall not interfere with required emergency egress or pose a threat to public health, safety and welfare. A minimum of six (6) foot ingress/egress shall be maintained for building entrances and exits. Staff Response: Adequate ingress/egress will be maintainedfor the entry and exit into the adjacent building's business. If the obstruction of the egress/ingress path occurs at any point, the owner will be asked to move the obstructing object. Staff 130 South Galena Street Aspen, CO 81611-1975 1 p: 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com Exhibit A Staff Findings CITYOFASPEN finds this criterion to be met. 2. Size. The area of outdoor food/beverage vending activities shall not exceed fifty (50) square feet per operation. The area of activity shall be defined as a counter area, equipment needed for the food vending activities (e.g. cooler with drinks, snow cone machine, popcorn machine, etc.), and the space needed by employees to work the food vending activity. Staff Response: The applicant has submitted plans indicating that the size of the vending operation will be 2'9" wide and 6'1" long, for a total of 16.88 sq. ft. in size. Staff finds this criterion to be met. 3. Signage. Signage for outdoor food/beverage vending carts shall be exempt from those requirements found within Land Use Code Section 26.510, Signs, but not excluding Prohibited Signs. The total amount of signage shall be the lesser of fifty percent (50%) of the surface area of the front of the cart, or six (6) square feet. Sign(s) shall be painted on or affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts towards this calculation. Food carts may have a sandwich board sign in accordance with the regulations found within Chapter 26.510. Staff Response: The proposed food vending cart has chalkboard attached to the front and will be used for menu offerings and all other signage. Only 50% of the surface area of the front of the cart may be used for signage. If we receive any complaints, the progressive enforcement protocol will be used until the signage meets the requirements of the code. Staff finds this criterion to be met. 4. Environmental Health Approval. Approval of a food service plan from the Environmental Health Department is required. The area of outdoor food vending activities shall include recycling bins and a waste disposal container that shall be emptied daily and stored inside at night and when the outdoor food vending activities are not in operation. Additionally, no outdoor, open -flame char -broiling shall be permitted pursuant to Municipal Code Section 13.08.100, Restaurant Grills. Staff Response: The Environmental Health Dept. has indicated that the applicant has submitted the necessary paperwork and undergone initial plan review, and will require an opening inspection prior to the start of business. Staff finds this criterion to be met. 5. Building and Fire Code Compliance. All outdoor food/beverage vending operations must comply with adopted building and fire codes. Applicants are encouraged to meet with the City's Building Department to discuss the 130 South Galena Street Aspen, C081611-1975 I P: 970.920.5000 IF: 970.920.5197 1 cityofaspen.com /!il AR Exhibit A `t gv Staff Findings CITYOFASPEN vending cart/stand. Staff Response: The applicant has indicated the intent to comply with all fire and building codes. The Fire Department will need to be contacted and an inspection scheduled when the business is open for operation. Staff finds this criterion to be met with conditions. 6. Application Contents. An application for a food/beverage vending license shall include the standard information required in 26.304.030.13, plus the following: a) Copy of a lease or approval letter from the property owner. Staff Response: The applicant has submitted letters of approval from the property owner and adjacent business owners. Staff finds this criterion to be met. b) A description of the operation including days/hours of operation, types of food and beverage to be offered, and proposed signage. Staff Response: The applicant is requesting approval to operate from June 1, 2018 through October 1, 2018. The proposed hours of operation are Monday through Sunday from 10:00AM to 8:00 PM. A general menu has been provided in the application. Signage has been reviewed and approved by staff. Staff finds this criterion to be met. c) The property survey requirement shall be waived if the applicant can demonstrate how the operation will be contained on private property. Staff Response: An illustration of the location of the proposed cart and other equipment was provided in the application and is shown on private property. Staff determined this was adequate in lieu of a survey. Staff finds this criterion to be met. 7. License Duration. Outdoor food/beverage vending licenses shall be valid for a one (1) year period beginning on the same the date that the Notice of Approval is signed by the Community Development Director. This one (1) year period may not be separated into non-consecutive periods. Staff Response: The applicant is requesting use of the food cart for five months, through October 1, 2078. Staff finds this criterion to be met. 8. License Renewal. Outdoor food/beverage vending licenses may be renewed. Upon renewal, the Community Development Director shall 130 South Galena Street Aspen, CO 81611-1975 1 P: 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com Exhibit A Staff Findings CITY OF ASPEN consider the returning vendor's past performance. This shall include, but shall not be limited to, input from the Environmental Health Department, Chief of Police, special event staff, and feedback from adjacent businesses. Unresolved complaints may result in denial of a renewal request. Staff Response: The some business, but under different ownership was approved for a temporary food and beverage license in previous years. Environmental Health, the Fire Department and Building Department have all been notified of the application. Staff finds this criterion to be met. 9. Business License. The vending operator must obtain a business license. Staff Response: The Applicant has renewed their business license (# 15176) with the City of Aspen Finance Department. Staff finds this criterion to be met. 1 O.Affordable Housing and Impact Fees Waived. The Community Development Director shall waive affordable housing mitigation fees and impact fees associated with outdoor food/beverage vending activities. Staff Response: No affordable housing mitigation or any other impact fees have been calculated or charged as part of this application. Staff finds this criterion to be met. 1 1.Maintenance and public safety. Outdoor food/beverage vending activities shall not diminish the general public health, safety or welfare and shall abide by applicable City regulations, including but not limited to building codes, health safety codes, fire codes, liquor laws, sign and lighting codes, and sales tax license regulations. Staff Response: The applicant has been in contact with the appropriate departments and is aware of all regulations and requirements. Staff finds this criterion to be met. 12.Abandonment. The City of Aspen may remove an abandoned food/beverage vending operation, or components thereof, in order protect public health, safety, and welfare. Costs of such remediation shall be the sole burden of the property owner. City of Aspen Land Use Code Part 400 - GMQS Page 24 Staff Response: The applicant is aware of this requirement. Staff finds this criterion to be met. 13.Temporary Cessation. The Community Development Director may require a 130 South Galena Street Aspen, CO 81611-1975 1 P: 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com I`,, Exhibit A Staff Findings CITY OF ASPEN temporary cancelation of operations to accommodate special events, holidays, or similar large public gatherings. Such action will be taken if it is determined that the food/beverage cart will create a public safety issue or create an excessive burden on the event activities. Staff Response: The applicant is aware of this requirement. Staff rinds this criterion to be met. 14.License Revocation. The Community Development Director may deny renewal or revoke the license and cause removal of the food/beverage vending operation if the vendor fails to operate consistent with these criteria. An outdoor food/beverage vending license shall not constitute nor be interpreted by any property owner, developer, vendor, or court as a site - specific development plan entitled to vesting under Article 68 of Title 24 of the Colorado Revised Statutes or Chapter 26.308 of this Title. Licenses granted in this subsection are subject to revocation by the City Manager or Community Development Director without requiring prior notice. Staff Response: The applicant is aware of this requirement. Staff finds this criterion to be met. 130 South Galena Street Aspen, CO81611-1975 1 P: 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com C� THE CITY OF ASPEN Land Use Application Determination of Completeness Date: April 24, 2018 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 406 E. Hopkins Ave., Temporary Food Vending and have reviewed it for completeness. ❑ Your Land Use Application is complete and we have received all required submission items to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2797 if you have any questions. Thank You, Jus ' Barker, Senior Planner City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No X Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes Now_ Commercial E.P.F. Lodging i • IOG�w THE CITY OF ASPEN Land Use Application Determination of Completeness Date: April 19, 2018 Dear City of Aspen Land Use Review Applicant, We have received your land use application 406 E. Hopkins Ave., Temporary Food Vending request reviewed it for completeness. Your Land Use Application is incomplete: Please submit the following missing submission items. 1. Completed land use application and agreement to pay form. Please submit an agreement to pay form and a HOA disclosure form signed by the property owner or attorney. 2. Additional materials, documentation or reports as deemed necessary by the Community Development Director. Please submit consent to operate the stand by properu owner in the form of a letter or lease. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank N'OLI. Oenn4iferela�n.AEDeputy Planning Director City of pen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No**)4— Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. Lodging Mall - cuMucuwsxignotmaii.com Page 1 of 1 fo ��-�ua� c �-j Temporary Food Vending Application '� -� `° q Justin Barker <Justin.Barker@cityofaspen.com> Thu 4/19/2018 2:45 Pert CEI� To:ebienkowski@hotmail.com <ebienkowski@hotmail.com>; APR 2 0 2018 CITY OF ASPEN Hi Enrique, 10AWM XL0PWn I took a quick look at your application and we also still need a letter from Tony Mazza that states his consent as the property owner to operate the stand. Please make sure to include this when you submit the rest of the paperwork. Justin Barker AICP / LEED Green Assoc / CNU-o Senior Planner I City of Aspen 130 S. Galena St. ------------ ------------------- Aspen, CO 81611 ---------------------------------- T 970.429.2797 F 970.920.5439 www.cityofaspen.com (Please note, the city's website has changed and any saved links should be updated) www.aspencommunityvoice.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable. the information and opinions contain in the email are based on current zoning, which is subject to change in the future. and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. https:Houtlook.live.com/owa/?path=/mail/inbox/rp 4/19/2018 Agreement to Pay Application oFes� An agreement between the City of Aspen ("City') and Please type or print in all caps Address of Property: � � 4o �'` S �i" i� Property Owner Name: 714 ✓ Y "4 ? -�4 Representative Name (if different from Property Owner) Billing Name and Address - Send Bills to: � r_ _ I1 y Contact info for billing: e-mail: Ea ti,) is W S ly 6 f4-aT � C c Phone: 4 4­0 I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated non-refundable. $. flat fee for $. flat fee for $. flat fee for $. flat fee for I understand that these flat fees are For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff deposit amount will be billed at $325.00 per hour. City of Aspen: � Signature: Jessica Garrow, AICP Community Development Director PRINT Name: H M City Use: OD vnt v Title: Fees Due: $ Received $ Case # itional time above the 0,HV Jot Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representinq the property owner. Name: 515� 17��G- LL L Property Owner ("I"): Email: (2 C)/n Phone No.: Address of Property: (subject off `� l application) I certify as follows: (pick one) 1771 This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand th ity of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of pr' covenants or homeowner association rules or bylaws. I understand that this document is is document. Owner signature: _ Owner printed or, Attorney signature: e: 14 u-r H ,y y /'9 A Z zA Attorney printed name: date: .4-11-157 November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920-5090 11 n Jennifer Phelan From: Jennifer Phelan Sent: Thursday, April 19, 2018 10:11 AM To: 'ebienkowski@hotmail.com' Subject: Temporary Food Vending Attachments: 20180419100119062.pdf; HOA Form.pdf Hi Enrique: I was able to review you application for the shaved ice stand and there were a few things that were not submitted or not completed correctly. Please review the attached letter outlining the items. Below is a link to the agreement to pay form and I have attached an HOA disclosure form. I will be out of the office for the next week, so please contact Justin Barker in my absence(justin.barker@cityofaspen.com). https://www.cityofaspen.com/DocumentCenter/View/1835 Best regards, Jennifer Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com (Please note, the city's website has changed and any saved links should be updated) Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message ----- From: RICOH [mailto:ricoh@cityofaspen.com] Sent: Thursday, April 19, 2018 8:01 AM To: Jennifer Phelan <jennifer.phelan@cityofaspen.com> Subject: Message from "RNP0026739639CC" This E-mail was sent from "RNP0026739639CC" (MP C5503). Scan Date: 04.19.2018 10:01:18 (-0400) Queries to: ricoh@cityofaspen.com RECEIVED THE CrrY of ASPEN APR 2 4 2018 Land Use Application CITY OF ALPEN Determination of Completeness C%MM Y XVELMENT Date: April 19.2018 Dear City of Aspen Land Use Review Applicant, We have received your land use application 406 E. Hopkins Ave., Temporary Food Vending equest reviewed it for completeness. Your Land Use Application is incomplete: Please submit the following missing submission items. 1. Completed land use application and agreement to pay form. Please submit an agreement to pay form and a HOA disclosure form signed by the property owner or attorney. 2. Additional materials, documentation or reports as deemed necessary by the Community Development Director. Please .submit consent to operate the stand by property owner in the form of a letter or lease. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, Cennifer elan, Deputy Planning Director City of Agpen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No11>6— GMQS Allotments Yes No Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing___ Commercial E.P.F. Lodging THE Crnr of ASPEN Land Use Application Determination of Completeness Date: April 19, 2018 Dear City of Aspen Land Use Review Applicant, We have received your land use application 406 E. Hopkins Ave., Temporary Food Vending request reviewed it for completeness. Your Land Use Application is incomplete: Please submit the following missing submission items. 1. Completed land use application and agreement to pay form. Please submit an agreement to pay form and a HOA disclosure form signed by the property owner or attorney. 2. Additional materials, documentation or reports as deemed necessary by the Community Development Director. Please submit consent to operate the stand by property owner in the form of a letter or lease. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank Yo ennifer elan, Deputy Planning Director City of Mpen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No1*)6— GMQS Allotments Yes No_� Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. ' Lodging — _ THE Crnr of ASPEN Land Use Application Determination of Completeness Date: April 19, 2018 Dear City of Aspen Land Use Review Applicant, We have received your land use application 406 E. Hopkins Ave., Temporary Food Vending request reviewed it for completeness. Your Land Use Application is incomplete: Please submit the following missing submission items. 1. Completed land use application and agreement to pay form. Please submit an agreement to pav form and a HOA disclosure form signed by the property owner or attorney. 2. Additional materials, documentation or reports as deemed necessary by the Community Development Director. Please submit consent to operate the stand by property owner in the form of a letter or lease. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, 0ennifer elan, Deputy Planning Director City of Hpen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No1-)4— GMQS Allotments Yes No Qualifying Applications: New PD Subdivision; or PD (creating more than 1 additional lot) Residential Affordable Housing___ Commercial E.P.F. Lodging _ THE CrrY of ASPEN Land Use Application Determination of Completeness Date: April 19, 2018 Dear City of Aspen Land Use Review Applicant, We have received your land use application 406 E. Hopkins Ave., Temporary Food Vending request reviewed it for completeness. Your Land Use Application is incomplete: Please submit the following missing submission items. 1. Completed land use application and agreement to pay form. Please submit an agreement to pay form and a HOA disclosure form signed by the property owner or attorney. 2. Additional materials, documentation or reports as deemed necessary by the Community Development Director. Please submit consent to operate the stand by property owner in the form of a letter or lease. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, ennifer elan, Deputy Planning Director City of pen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rigbts Notice Required New PD Yes No�)6— Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing!__ __ Yes No Commercial E.P.F. Lodging __ __ • LAND USE APPLICATION Project Name and Address: � Parcel ID # (REQUIRED) APPLICANT: CITY OF ASPEN C%WJMTY DMOPMENT Name: C-.(LiJE �- �,�� tl--O^^t.__)g Address: �. �✓ b /`! s� sA) 'LO , 1,6 t 2 Phone #: A+�> - � cf �J � 3 3- email: REPRESENTIVATIVE: Name: Address: Phone#: email: Description: Existing and Proposed Conditions / S/1% �� JP I N� PP �.� �J1P OR-� A- t' F v J 1� (��nJ�D c (i✓�j Review: Administrative or Board Review Required Land Use Revie (s): l V "(� Growth eent Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage 41 J�� M Have you included the following? FEES DUE: $ r^ Pre -Application Conference Summary Signed Fee Agreement Q HOA Compliance form All items listed in checklist on PreApplication Conference Summary L� Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Address of Property: Property Owner Name: Billing Name and Address - Send Bills to: Contact info for billing: e-mail: Please type or print in all caps Representative Name (if different from Property Phone: I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. flat fee for flat fee for flat fee for $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Signature: Jessica Garrow, AICP Community Development Director PRINT Name: City Use: Fees Due: $ Received $ Title: Case # November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Garrett Larimer, 429.2739 DATE: March 21, 2018 APPLICANT: Enrique Bienkowski, EBien kowskig( hotmail.com John Henry, John HenryHunterangmail.com REQUEST: Temporary Food Vending DESCRIPTION: The Applicant is interested in obtaining a Temporary Outdoor Food Vending permit to operate a shaved ice business at 400 E. Hopkins Avenue. The Applicant will need to comply with the criteria established in Section 26.470.060(9), Temporary Outdoor Food Vending. The full list of requirements is attached to this pre-app. This is a renewal for a Temporary Outdoor Food Vending permits which have been received for multiple years in the past. Food vending carts are limited to 50 square feet, and are permitted to operate for a period of one year. Renewals may be requested. Food carts are only permitted to be on private property and must be located within particular zone districts. The following information will be needed: • The periods of time when the food stand is intended to operate • Desired months of operation A comprehensive list of types of food and beverage being offered and food preparation details. This food service plan will be reviewed by Environmental Health. Location. The cart must be on private property at all times and a minimum 6-foot egress must be maintained for all building entrances and exits. All of this information shall also be included in a letter of approval that must be signed by the property owner(s) or owner's association(s) authorizing the food vending. The applicant must also obtain a business license with the City of Aspen. Below is a link to the Land Use application form and Land Use Code for your convenience. Land Use App: Land Use Application Land Use Code: Land Use Code Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.470.060(9) Temporary Outdoor Food Vending Review by: Staff for completeness and approval Public Hearing: Not applicable Neighborhood Outreach: Not applicable Planning Fees: $81 flat fee, GMQS- Outdoor Food Vending Total Deposit: $81 RECEIVED MAY 16 2018 CITY OF ASPEN CN14t.,IN'1 Y ri_; -W r ENT C� 9RECENEp To apply, submit one complete copy of the following information: MAY 16 2018 11 Completed Land Use Application and signed fee agreement. 011CITY OF ASPEN! d Pre -application Conference Summary (this document). 11 Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. r Street address and legal description of the parcel on which development is proposed to occur. © HOA Compliance form (Attached) 13' A written description of the proposal and an explanation of how the proposed development complies with the review standards relevant to the development application § 26.470.060(8) Temporary Outdoor Food Vending (attached). d A drawing depicting the size of the temporary use (not to exceed fifty (50) square feet). A site plan depicting the location of the temporary use. d Proposed signage for the food vending operation. C1 If applicable, a signed letter from the owner of the business that the temporary use will be operating by or in association with. ❑ Signed letters from those restaurant or retail businesses that the temporary use will be operating adjacent to. 9' A signed letter from the property owner. ❑ Proof of approval from the Environmental Health Department for a food service plan. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 1 additional paper copy and one digital copy in PDF format of the complete application packet and ❑ Total deposit for review of the application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 26.470.060.9 Outdoor food/beverage vending license_ Outdoor food/beverage vending shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: a. Location. All outdoor food/beverage vending must be on private property and may be located in the Commercial Core (CC), Commercial (Cl), Neighborhood Commercial (NC), or Commercial Lodge (CL) zone districts. Outdoor Food Vending may occur on public property that is subject to an approved mall lease. Additional location criteria: 1) The operation shall be in a consistent location as is practically reasonable and not intended to move on a daily basis throughout the duration of the permit. 2) Normal operation, including line queues, shall not inhibit the movement of pedestrian or vehicular traffic along the public right-of-way. 3) The operation shall not interfere with required emergency egress or pose a threat to public health, safety and welfare. A minimum of six (6) foot ingress/egress shall be maintained for building entrances and exits. b. Size. The area of outdoor food/beverage vending activities shall not exceed fifty (50) square feet per operation. The area of activity shall be defined as a counter area, equipment needed for the food vending activities (e.g. cooler with drinks, snow cone machine, popcorn machine, etc.), and the space needed by employees to work the food vending activity. c. Signage. Signage for outdoor food/beverage vending carts shall be exempt from those requirements found within Land Use Code Section 26.510, Signs, but not excluding Prohibited Signs. The total amount of signage shall be the lesser of fifty percent (50%) of the surface area of the front of the cart, or six (6) square feet. Sign(s) shall be painted on or affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts towards this calculation. Food carts may have a sandwich board sign in accordance with the regulations found within Chapter 26.510. d. Environmental Health Approval. Approval of a food service plan from the Environmental Health Department is required. The area of outdoor food vending activities shall include recycling bins and a waste disposal container that shall be emptied daily and stored inside at night and when the outdoor food vending activities are not in operation. Additionally, no outdoor, open -flame char -broiling shall be permitted pursuant to Municipal Code Section 13.08.100, Restaurant Grills. e. Building and Fire Code Compliance. All outdoor food/beverage vending operations must comply with adopted building and fire codes. Applicants are encouraged to meet with the City's Building Department to discuss the vending cart/stand. 4 f. Application Contents. An application for a food/beverage vending license shall include the standard information required in 26.304.030.6, plus the following: 1) Copy of a lease or approval letter from the property owner. 2) A description of the operation including days/hours of operation, types of food and beverage to be offered, a picture or drawing of the vending cart/stand, and proposed signage. 3) The property survey requirement shall be waived if the applicant can demonstrate how the operation will be contained on private property. g. License Duration. Outdoor food/beverage vending licenses shall be valid for a one (1) year period beginning on the same the date that the Notice of Approval is signed by the Community Development Director. This one (1) year period may not be separated into non-consecutive periods. h. License Renewal. Outdoor food/beverage vending licenses may be renewed. Upon renewal the Community Development Director shall consider the returning vendor's past performance. This shall include, but shall not be limited to, input from the Environmental Health Department, Chief of Police, special event staff, and feedback from adjacent businesses. Unresolved complaints may result in denial of a renewal request. i. Business License. The vending operator must obtain a business license. j. Affordable Housing and Impact Fees Waived. The Community Development Director shall waive affordable housing mitigation fees and impact fees associated with outdoor food/beverage vending activities. k. Maintenance and public safety. Outdoor food/beverage vending activities shall not diminish the general public health, safety or welfare and shall abide by applicable City regulations, including but not limited to building codes, health safety codes, fire codes, liquor laws, sign and lighting codes, and sales tax license regulations. I. Abandonment. The City of Aspen may remove an abandoned food/beverage vending operation, or components thereof, in order protect public health, safety, and welfare. Costs of such remediation shall be the sole burden of the property owner. m. Temporary Cessation. The Community Development Director may require a temporary cancelation of operations to accommodate special events, holidays, or similar large public gatherings. Such action will be taken if it is determined that the food/beverage cart will create a public safety issue or create an excessive burden on the event activities. n. License Revocation. The Community Development Director may deny renewal or revoke the license and cause removal of the food/beverage vending operation if the vendor fails to operate consistent with these criteria. An outdoor food/beverage vending license shall 5 0 • not constitute nor be interpreted by any property owner, developer, vendor, or court as a site specific development plan entitled to vesting under Article 68 of Title 24 of the Colorado Revised Statutes or Chapter 26.308 of this Title. Licenses granted in this subsection are subject to revocation by the City Manager or Community Development Director without requiring prior notice. 0 • Authorized Representative My name is Enrique Bienkowski. I will be opening a shave ice stand in front of Radio Board Shop called The Snowy Pineapple at 400 E. Hopkins Ave. Aspen Colorado, 81611. All mail will be sent to Enrique Bienkowski 104 Williams Way Aspen C0,81611. My telephone number is (970) 948-3437. I am the representative and will be acting on my own behalf. Print name: �' l? %�/-'''' `"�S Date: / 2 �� Signature: Date: Street Address and Legal Description of Parcel 400 E. Hopkins Ave. Aspen CO, 81611 Legal Description- Lot K, Block 87 Parcel ID Number- 273707330009 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Name: tJ I tv row Y"', Owner ("I"): Email: Phone No.: � , , ,, Address ofI- FdVtCttss kj Property: (subject of N3?tn C.,o application) I certify as follows: (pick one) This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature. -- date: `rl � l Owner printed name: 0;-4�'tN 6- Pot-f /),-IwS or, Attorney signature: date: Attorney printed name: 0 0 Summary of intent Enrique Bienkowski 104 Williams Way Aspen Co, 81611 970-948-3437 ebienkowski@hotmail.com The Snowy Pineapple 400 East Hopkins Ave. Aspen CO, 81611 26.470.060.8 Temporary outdoor vending development for shave ice stand at 400 East Hopkins Ave. a. The shave ice stand at 400 East Hopkins will operate from June 1, 2018 until October 1, 2018. b. Operation hours for the shave ice stand will be 10:OOAM to 8:00 PM seven days a week. c. The counter area of the shave ice stand is (18) square feet. d. The shave ice stand at 400 East Hopkins Ave. is in association with Radio Board Shop Aspen and has the approval from the owner of the property, and the adjacent renters. e. The shave ice stand has obtained approval from the Environmental Health Department as of 06-08-09 C.J. The shave ice stand will have a waste disposal container that is emptied daily and stored inside 400 East Hopkins Ave. at night and when the stand is not in operation. f. The shave ice stand at 400 East Hopkins Ave. is a temporary vending application. g. The shave ice stand at 400 East Hopkins Ave. shall abide by all public health and safety codes, fire codes, sign/ lighting codes and sales tax license regulations. H. Foods being offered at The Snowy Pineapple a. Shave Ice b. Canned soda c. Bottled water d. Candy • 9 Signage The sign being used is the chalkboard on the front of the cart (see picture). The chalkboard is less than 20 sq. ft. Current Renter Approval I (print name) TR,WIrs MC,LANtj allow The Snowy Pineapple (shave ice stand) to temporarily use the space outside of Radio Board Shop at 400 E. Hopkins Ave Aspen CO, 81611. Signature: _ Date: l g Adjacent Business Approval I (print name) � I AT I tJULL Wt-I-(AV The Snowy Pineapple (shave ice stand) to temporar Creperie du Village and Peter Lik Gallery. The sta�c Boardshop at 400 E. Hopkins Ave Aspen CO, 81611. n Print name: Signa Print Signa give permission to y use the space adjacent to La will be in front of Radio Date: Date Date: Date: c, 4 • Owner Approval I (print name) allow The Snowy Pineapple (shave ice stand) to temporarily use the space outside of Radio Board Shop at 400 E. Hopkins Ave Aspen CO, 81611 from June 12th 2018 until October 1st, 2018 Signature: l� k-L L� Date: # - 16. Ig CJ Adjacent Business Approval I (print name) �d- o give permission to The Snowy Pineapple (shave ice stand) to temporarily use the space adjacent to La Creperie du Village and Peter Lik Gallery. The stand will be in front of Radio Boardshop at 400 E. Hopkins Ave Aspen CO, 81611. Printname: SZ.� �o Date: 0 " le Signature: Date: LZ—M — 1 Print name: Date: Signature: Date: 9 AmmoNY J. MAz7.A Mr. Justin Barker Senior Planner City of Aspen 130 South Galena S'Ireet Aspen, CC) 81611 Dear Mr. Barker: M & W PROPERTIES S=E 202 602 EAST CooPER AvENuE ASPEN, COLoRADo 81611 April 20, 2018 Ise. The Snowy Pineapple -- Temporary Food Vending Application AREA CODE 970 TELEPHONE 925-8032 FAX 925-6995 RECEIVF!7 APR 2 0 2018 CITY OF AD"' COKAl WTY D€,fF-L *N 1 Please be advised that The Isis Building, LLC, as owner of the Isis Building, gives its consent for the operation of The Snowy Pineapple (shave ice stand) at 400 East Hopkins. Please let me know if you need anything further. Thank you. AJM: dr Very Anthony J. Mazza Managing Partner THE ISIS BUILDING, LLC E 0 I (print name) Owner Approval allow The Snowy Pineapple (shave ice stand) to temporarily use the space outside of Radio Board Shop at 400 E. Hopkins Ave Aspen CO, 81611 from June 1st, 2018 until October 1st, 2018. Signature: Date: LJ • Street Address and Legal Description of Parcel 400 E. Hopkins Ave. Aspen CO, 81611 Legal Description- Lot K, Block 87 Parcel ID Number- 273707330009 RECEIVEr APR 20 2018 CITY OF ASPEN fi n' CEVEI.QPMEN • • Summary of intent Enrique Bienkowski 104 Williams Way Aspen Co, 81611 970-948-3437 ebienkowski@hotmail.com The Snowy Pineapple 400 East Hopkins Ave. Aspen CO, 81611 *cf.INIE " APR 20 2018 CITY OF ASP S COMMUMn D� 26.470.060.8 Temporary outdoor vending development for shave ice stand at 400 East Hopkins Ave. a. The shave ice stand at 400 East Hopkins will operate from June 1, 2018 until October 1, 2018. b. Operation hours for the shave ice stand will be 10:OOAM to 8:00 PM seven days a week. c. The counter area of the shave ice stand is (18) square feet. d. The shave ice stand at 400 East Hopkins Ave. is in association with Radio Board Shop Aspen and has the approval from the owner of the property, and the adjacent renters. e. The shave ice stand has obtained approval from the Environmental Health Department as of 06-08-09 C.J. The shave ice stand will have a waste disposal container that is emptied daily and stored inside 400 East Hopkins Ave. at night and when the stand is not in operation. f. The shave ice stand at 400 East Hopkins Ave. is a temporary vending application. g. The shave ice stand at 400 East Hopkins Ave. shall abide by all public health and safety codes, fire codes, sign/ lighting codes and sales tax license regulations. H. Foods being offered at The Snowy Pineapple a. Shave Ice b. Canned soda c. Bottled water d. Candy Mail - ebienkowski@hotmail.com • Page 1 of 2 Temporary Food Vending Jennifer Phelan <jennifer.phelan@cityofaspen.com> Thu 4/19/2018 10:10 AM To:ebienkowski@hotmail.com <ebienkowski@hotmail.com>; 2 attachments (104 KB) 20180419100119062.pdf, HOA Form.pdf; C,,) 2, Lo /(, � � �,v It-)L-✓sL,-' C/7AO 9(-fB 3G/3-- Hi Enrique: I was able to review you application for the shaved ice stand and there were a few things that were not submitted or not completed correctly. Please review the attached letter outlining the items. Below is a link to the agreement to pay form and I have attached an HOA disclosure form. I will be out of the office for the next week, so please contact Justin Barker in my absence ------------------------------------------------------------------ - Qustin barker@cityofaspen_com). https://www.cityofaspen.com/DocumentCenterNiew/1835 Best regards, Jennifer Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 RECEIVED APR 19 2018 CITY OF ASPEN COMMUNITY DEVELOPMENT 970-429-2759 www.aspenpitkin.com (Please note, the city's website has changed and any saved links should be updated) Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message ----- From: RICOH (mailto:ricoh@cityofaspen.coml https:Houtlook.live.com/owa/?path=/mail/inbox/rp 4/19/2018 Snowy Pineapple .,�,-e sell shave i^e with flavorirg