HomeMy WebLinkAboutresolution.council.086-09RESOLUTION NO. ~W
(Series of 2009)
A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING A
TEMPORARY USE APPROVAL FOR A FOOD VENDING CART IN THE INTERIOR
ARCADE SPACE AT THE UTE CITY BANK BUILDING, 427 & 501 EAST HYMAN,
ASPEN, COLORADO.
Parcel ID: 2737-182-24-001 (501 E. Hyman)
WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant,
James Cox and Wendy Nanon Smith, represented by Ruth Kruger, have submitted an application
for a Temporary Use Permit to place a food vending cart in the interior arcade of the Ute City
Bank Building located at 427 and 501 East Hyman Avenue. Temporary food vending from carts
is only allowed outdoors but may be approved indoors as a temporary use; and,
WHEREAS, the operation is expected to begin on November 28`", 2009, and be in place
no longer than six (6) months unless an extension is requested; and,
WHEREAS, the Community Development Department has reviewed the temporary use
application and recommends that the City Council approve the temporary use permit; and,
WHEREAS, the Aspen City Council has reviewed and considered the temporary use
request under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of the Community Development Director, the applicable
referral agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, City Council finds that the proposed temporary use is consistent with the
character and existing land uses of the surrounding parcels and neighborhood and that granting
the temporary use permit will not adversely impact the community or the neighborhood; and,
WHEREAS, the City Council finds that the temporary use request meets or exceeds all
applicable development standards and that the approval of the proposa-, with conditions, is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
Section 1:
In accordance with Section 26.450.020 of the Aspen Municipal Code, the City Council of the
City of Aspen, Colorado, does hereby grant James Cox and Wendy Nanon Smith a temporary use
permit to install a food vending cart in the interior arcade of the Ute City Bank Building which
may operate for the period of November 28, 2009, through May 28, 2010.
Resolution No. ~ ~, Series 2009. Page 1
Section 2:
This Resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be construed and concluded under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
FINALLY, Adopted, Passed, and Approved on this~ay of ~~~2009, at a duly noticed
public hearing before City Council.
APPROVED AS TO FORM:
-John Worcester, City Attorney
ATTEST:
Kathryn S. K h, City Clerk
Resolution No.~lo ,Series 2009. Page 2
APPROVED AS TO CONTENT:
Exx><sIT A
Dark Horse Alley
REVIEW CRITERIA Bc STAFF FINDINGS:
26.450.030 Temporary Use
When considering a development application for a temporary use, City Council shall consider,
among other pertinent factors, the following criteria:
The location, size, design, operating characteristics, and visual impacts of the proposed use.
Staff Findin¢:
The installation will be visible from within the property. The vending cart will be
installed within the mall space of the Ute City Building. Staff believes that the size and
design of the temporary installation will not create substantial negative visual impacts
and the limited timeframe for the installation will not cause any long-term impacts.
Staff finds this criterion to be met.
The compatibility of the proposed temporary use with the character, density and use of
structures and uses in the immediate vicinity.
Staff Finding:
This vending cart is compatible with the commercial uses in the building and is expected
to compliment the existing businesses. The applicant does have the support of adjacent
businesses. Staff finds this criterion to be met.
The impacts of the proposed use on pedestrian and vehicular traffic and traffic patterns,
municipal services, noise levels, and neighborhood character.
Staff Finding:
Staff does not believe that the installation will have any negative impacts on vehicular
traffic, traffic patterns, municipal services, noise levels. The property has capacity For
additional pedestrian use. Staff does not expect any substantial effect upon the
neighborhood character. Staff finds this criterion to be met.
The duration of the proposed temporary use and whether a temporary use has previously been
approved jor the structure, parcel, property or location as proposed in the application.
Staff Finding:
The installation is expected to run from November 28`h through May 28s'. Previous
temporary uses have not been approved for this site. This cart operator has operated
under a temporary use permit on Cooper Avenue and there are no outstanding issues with
the cart. Staff finds this criterion to be met.
DHA Temp Use Comments. Page 1
The purposes and intent of the zone district in which the temporary use is proposed.
Staff Finding:
The Ute City Bank building is zoned Commercial Core. The temporary cart is in keeping
with the purposes and intent of the zone district. Staff finds this criterion to be met.
The relation of the temporary use to conditions and character changes which may have
occurred in the area and zone district in which the use is proposed.
Staff Finding:
The recent examples and experience of food vending carts has been well received. Staff
expects this operator to continue to operate in a manner consistent with the peroprty
owner's and the City's expectations. No significant changes to this property or the
surrounding area have occurred that would affect this request. Staff finds this criterion to
be met.
How the proposed temporary use will enhance or diminish the general public health, safety, or
welfare.
Staff Finding:
The applicant has agreed to obtain all necessary food preparation permit and food
inspections. Staff believes this use does not represent a threat to the public health, safety
or welfare. Staff finds this criterion to be met.
DHA Temp Use Comments. Page 2