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Home My WebLink Aboutcoa.lu.tu.305 S Mill St.0037.2009■ 1 305 S MILL ST 0037.2009.ASLU TEMP FOOD VENDING 2737 18 2 17 003 ( o ; � P I I. j fl u a THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0037.2009.ASLU 2737 18 2 17 003 305 S MILL STREET JENNIFER PHELAN TEMP FOOD VENDING MARCUS WADE, D19 LLC 06/11 /09 CLOSED BY Angela Scorey on 06/26/2009 NOTICE OF APPROVAL For An Administrative Application for Temporary Outdoor Food Vending Parcel ID No. 2737-182-178-02 APPLICANT: Marcus Wade, D 19 LLC SUBJECT & SITE OF The Applicant is requesting to provide Temporary Outdoor Food APPLICATION: Vending in the form of a hot dog cart on the property commonly known as 305 S. Mill and specifically known as Aspen Commercial (Condominium), Common Area SUMMARY: The Applicant has requested to use a portion of the Public Amenity space on the site to temporarily vend hot dogs and beverages from June 15t' through October 150' of 2009. The moveable stand is approximately twenty-three inches in width and by fifty-two inches in length. The food vending is in association with the operation of D19, a restaurant that is adjacent to and part of the site that contains the Public Amenity Space. STAFF EVALUATION: Section 26.470.060 7., Temporary Outdoor Food Vending, has a number of review standards that are required to be met in order to vend temporarily such as length of operation and size of the vending area. The applicant meets these standards as outlined in Exhibit B. DECISION: The Community Development Director finds the Administrative Application for Temporary Outdoor Food Vending as noted above and on Exhibit `A' to be consistent with the review criteria (Exhibit B) and thereby, APPROVES the request CONDITIONED upon a permanent hand sink being added by July 1, 2009, with the provision of an interim hand washing set-up and provision of an accessible approach. plas Bmewndon ACCEPTW BY: ffe or Dena Marino, D 19, LLC Attachments: Exhibit A — Proposed vending cart dimensions Exhibit B — Review Standards Exhibit C - Application Date / Z 11 D 5' ate Page 1 of 1 tam -E:n -L J 1 -d' 5uja STANIMWD PAN PADCA C CONSISTS OF. fl) 12 ■ 20 s i- DEEP SAS PAN Il) 32 s 20 K Ir MCP S/S SMOl1LPER PAN O) PERrORATEO S/S NOT JIM rRAr O> 12 a 20 ■ "'El? PEWORATED S/S PAN U) ROLL COVER W714 COIENSATE TRAM[ (1) Sa SPLIT MiNma COVER cv 1A SIZE ►LArIN: PANS fO Li SRC PLAY.riC PANS LEGEND. Q ESS..SrE� Im �) wu L s 24, CWWMR KNEELS S) � ✓l (�PRROPANEHOHOT�i1Eu sAM CAPACITY) +' a) STAINLESS SIM PuSM R.tiR e• MWETER UMBRELLA 0 PROPANE co>�ARn�EN7 W17H I I0. PROPANE '' AND 1TECIAAT�t MTM HOSE -�-02 SOH Na. Dvr, Ia GKIM ? //CONFIDENTIAL// ojowft As XX V47 amum CARTS AM-W m 1., 9 i - =. i ., m ; ar - A -- - QjWOF COLORADO INC. Exhibit B Review Criteria and Staff Findings Section 26.470.060 7., Temporary Outdoor Food Vending. A temporary use of outdoor food vending 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 shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: a. The temporary operation shall be permitted for a specified period not to exceed six (6) months in duration or as otherwise limited by a mall lease. As outlined in the pre -application summary and confirmed by the applicant, the proposed hot dog stand will be operated from June 15, 2009 through October 15, 2009. Staff finds this criterion met. b. The area of outdoor food vending activities does not exceed fifty (50) square feet. The area of outdoor food vending activities 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. The area of the stand is just over eight (8) square feet. Even with the additional space needed by an employee to operate the stand, the vending activity will be well under the permitted fifty (50) square feet. Staff finds this criterion met. C. Temporary outdoor food vending may only occur by or in association with restaurant or retail uses and with the approval of the restaurant or retail establishment's owner in which the outdoor food vending is associated and located adjacent to. The food vending is in association with the operation of D19, a restaurant that is adjacent to and part of the site that contains the Public Amenity Space. Staff finds this criterion met. d. An application to the Community Development Director for temporary outdoor food vending shall only be submitted and approved subsequent to submitting and obtaining approval of a food service plan from the Environmental Health Department. The area of outdoor food vending activities shall include 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 Section 13.08.100, Restaurant grills, of this Code. A letter was included from the Environments Health Department approving the hot dog stand conditioned on a permanent hand sink being added by July 1, 2009, with the provision of an interim hand washing set-up. Staff finds this criterion met. e. The Community Development Director shall waive affordable housing mitigation fees associated with the temporary new net leasable square footage being created by outdoor food vending activities. No affordable housing mitigation fees are levied with this application. Stafffinds this criterion met. f. The outdoor food vending activities may occur year-round. An application for and an approval of temporary outdoor vending activities 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, C.R.S., or Chapter 26.308 of this Title. Approvals granted in this Subparagraph are subject to revocation by the City Manager or Community Development Director without requiring prior notice. The applicant is operating the hot dog stand for approximately four months in the summer and fall. Staff finds this criterion met. g. An application for temporary outdoor food vending activities shall not diminish the general public health, safety or welfare and shall abide by all 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. It is anticipated that the applicant shall meet city regulations. Stafffinds this criterion met. h. Each vendor wishing to operate outdoor food vending activities shall apply for and be approved for a permit (no fee required) to do so prior to commencing operations. Applicable environmental health plan review fees shall apply. (Ord. No. 14, 2007, § 1) The applicant submitted an application for approval to commence operations. A letter was included from the Environments Health Department approving the hot dog stand conditioned on a permanent hand sink being added by July 1, 2009 with the provision of an interim hand washing set-up. Staff finds this criterion met. E�B rrC,_ • � RECEIVED ATTACHMENT 2 -LAND USE APPLICATION ]LIN 1 0 2009 PROJECT: Name: h1b 7 , 2? ;)MMUNIn` DEVELOPV Location: 305 South Mill Street (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # REQUIRED 27 3 - - 00 E: APPLICANT: Name: �/ LLB' r P� PC0-�Z� Address: 3D� 37.E �L//LL .ST c-'� �o V/6// Phone #: REPRESENTATIVE: Name: 1M4 RG� s 6 7) t' Address: 30-5- sr 'J6=Ve� cc � Phone #: 9ZG5 - 5'Z5 - 60/S' TYPE OF APPLICATION: (please check all that apply): x GMQS Exemption ❑ GMQS Allotment ❑ Special Review ❑ ESA - 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Commercial Design Review ❑ Residential Design Variance ❑ Conditional Use ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Lot Split ❑ Lot Line Adjustment EXIST!!II�NG CONDITIONS: (description of existing buildings, uses, previous a2provals, etc. %/9 .�' ST�ir4-�-� 9 � pv¢2 , %��Cc�Z� Gd•�GG PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 16 T �iL127 ❑ Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion ❑ Other: Have you attached the following? FEES DUE: $ ❑ Pre -Application Conference Summary . •a� ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. June 10, 2009 Marcus Wade D 19 LLC Popcorn Wagon To Whom It May Concern, We are writing this letter to the City of Aspen to confirm that the Hot Dog Cart intended to serve the public and serve merely hot dogs and Coca Cola on the corner of the Popcorn Wagon patio during the summer season here in Aspen is strictly affiliated with our company and no other. If you'd like any other info feel free to contact us, Dena Marino, Chef/Partner and Marcus Wade, Operations Manager of D19 LLC, Popcorn Wagon at 970-948-6046 or 970-948-6333. Sinc , c no C '7 IT, Ir 17 In -'r CL a -PA 501 a STANDARD PAN PACX,IGE CONSISTS or, Tt7 12 a 20 ■ b' IEEP S/S PAN (O 12 r 20 s 9' IEEP S/S SIQADER PAN Q1 �� +E! SI[CPPERT TRAY IED S/S PAN il) ROIL ATVEIT Y,ITN CONDENSATE FRAME (l1 S/S SPLIT H1Min COVER IJh 1/9 SIZE PLArriC PANS T21 I/6 SIZE "TIC PANS LEGEND, 1) STAINLESS STEEL MUNTE,i r,,P 2) POIAR WHITE BOUT PANELS 32 74' DIAMETER WHEELS j S POF' CHEST (APPRO; 100 CAN CAPAC" ) (2) PROPANE HOT WELLS �L• 5) STAINLESS STEEL pUSH W 7) e' (MAIdE7ER I111911ELIA 6) PROPANE CO-ARTYENT WITH IILB. PROPANE CYLWDEV ANO REGULATOR N1TH HOSE R i REVISION DESCRIPTION DATE 4 CARTS OF COLORAM ..e 10-7-02 JOB NEL OVIi. NO. GE'Ct� //CON/FI�`DENTIA L// osuuv� OT a7aae.L tl an or scum`/U nE) tlb� W Q m 14i AXyy,Q T a�uo L a ma �p AY as is + YOO 1pL _anoc am an a► -- June 10, 2009 Marcus Wade D19 LLC. Dear Mr. Wade: ik THE CITY OF ASPEN ENVIRONMENTAL HEALTH This letter is to serve as approval by the Environmental Health Department for the installation of the hot dog cart in front of D19 Restaurant located at 305 South Mill Street. The specifications delivered to our office were determined to meet Environmental Health's requirements. Per our conversation on 6/9/2009, a permanent hand sink will be added by July 1, 2009 and a temporary hand washing set up will be used until the installation is complete. Please contact me with any questions or concerns. Sincerely, CJ Oliver Senior Environmental Health Specialist 970-920-5008 Book- 4 PRSE all %2 CONDOMINIUM MAP OF ASPEN COMMERI-CAL CONDOMINIUM OWNE2'S CEeTIR SAT E t, RLJ8E2T �2NAK-D, ,qS �WNEC OF TIlE .iEREN DESGK18Eo QF��. PROJ>•E2 Ty �p HERE 6Y CERTIFY TyapT THIS MAF OF ASPleN =-^+MM GR'4�-L GONDOMIU\UM H l BWV� T. THE RJR POSE STATES IN T1�L �DOMINIVM pEG1.FATION CpR ASPEN HYMA�I STKE-ET�AAER-l�1- GpnJGY�M1ulJN,� qDATEp r+•s>•++KL ,O'14. AwJ ri RK�¢pEp �. AIoKHOEA L, 19-W ICJ BOO ZV eEY a.DS F TUG -LE-V- - AN[: Pl ER-, GCUNTY /�C P, T1c�w\, STATE !`F ,=o1v Ra, r TY -Y o TKJN 5� - c\or ASDGN VTs oo -- '•� - T1\E Fc>¢Jc40�N4 prvNE¢.s GG1LT'1 F\U'*"E YWt ALK�JpW �Gp4GD MG 1l 5 D-Y pF -HIM[ '�-74 BY pj -- OSRI.1/JtD I 1r / i{(i TIVGSS My NAIJD A,ND G+ec, C.K. yFTL �S � Oe.Y OF �JOI�Q19T4- LOT V MY=.oI.11.IIS+s1oN r�crlrns-s/%i/7f Fi LOT I ;.cr ez As.a+ T�••+,Is,TF � I �� »r �� - .,TY a�•...co i _ I I SU2VEY02`5: ;ERTiF;C&,TE- A iTi .1STE3.Ga SUMi Y-R. IN THG OF cvlOF2,Dr - \ 4G¢r SY S -TANTL y DG.D\LTS THE lam( W M D - - - O THE HORtZp.ITAL CJ.1D VERTICAL MEKL ¢FMENTS OF T�'� 6JI�.OIN4 . TMG '1 UNR�; T-+ -Or- TMF JNrtS Tv„rr i. E�-EVATION �F Tl+fr V�.1-FNISI-UGC-lD�-�Rb ANp �iiJnlyS Az GL+nYSTO Y-TEL A7•Jp THE Dp-OPC¢TV hML S•v R.,IEY EO .Sc SHOWN ON TNG 1.M�9 A� \\ R. f `f iv < �� LCTS H ANp j BLOC\c62 {+.SP2..I TLMJn1 S\TE I GOUrJN C\F AITv-IN, _-i� - b- r I >=URTMER �EICTIGY T'41P:t T11E P ��c1�-1 Lu fc 4NJ M7N:.iIJENTS ARF LCAT'ED L➢ AS III H6REpN AN'. f•>ar SUFE. \ENT �. �AIp.BUTr •W AGGVRAT6 • I - d. >3r-GI:RV EY �F -H\S KCD�TY. `_.A'1`'1C. J- Q�G4 D A4fuNILECOLO >Zi4. LEiC STATF OF :L\d¢Apc i J _�V TOF ALDGN�N LL J , i � \I� co¢eep,Neq c..¢TIFIyn,T6 I^�S '•� ov>_GD6EC BEFo a-L- ME- T\1�S 1974- 1 NIT�/J �+Ss MY �NNC ANp cFC.GgL cE,�,t� TH,S Al~ VMY -Qjolm MY GOI-lM•L�ON • 1 UO�PRY F-�-''CL•-- _ _l- A.:�SiYT GrL cow FI Li\ly :N T'.AL'- �tw v eo..r•. a.w _ ♦ R-EGORJ6R �, _ff.IA STY Oc PIT�IN, riTATG�X :LLDWDC Js a•r� _ +a .. CMG+_ i s3.v - .. s •a. UNIT 5 UNIT .6, F7L!✓--)2 PLAN AND 7-LEV4j',C>M UNIT c UNIT A uNiT C- jLn Zi 4:,c UNIT 5 C 0 • • ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Proj ect: 7 4 0-4977— Applicant: ,�219 c-GC _ ae4890 �.f4 Location: -:&S ?/ /k/GL s7 ,ZS&2ti Zone District: CC Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units Number of bedrooms: Existing: Proposed: Existing: Proposed: Existing: Proposed: Proposed % of demolition (Historic properties only): 0 DIMENSIONS: Floor Area: Existing: Principal bldg. height: Existing: Access. bldg. height: Existing: On -Site parking: Existing: % Site coverage: Existing: % Open Space: Existing: Front Setback: Existing: Rear Setback: Existing: Combined F/R: Existing: Side Setback: Existing: Side Setback: Existing: Combined Sides: Existing: Distance Between Existing Buildings Allowable: Allowable: Allowable: _Required: _Required: _Required: Required: _Required: _Required: _Required: Required: _Required: Required. - Existing non -conformities or encroachments: Variations requested: none, _Proposed: —Proposed:_ _Proposed: _Proposed: _Proposed: _Proposed: Proposed: _Proposed — Proposed: _Proposed — _Proposed: _ _Proposed: Proposed: • 0 RECEIVED CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT JUN 10 2009 "CITY OF ASPEN Agreement for Payment of City of Aspen Development Application Fees :OMMUNITV DEVELOPMENT CITY OF ASPEN (hereinafter CITY) and %219 LLC' CJ (hereinafter APPLICANT) AGREE AS FOt!LOWS: 1. APPLICANT has submitted to CITY an application for Administrative GMOS approval for temporary hotdog steamer at 305 S. Mill Street (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. -f ri'- L 41.- _M GA 5. Therefore _ __ T agrees that in consideration of the CITY's waiver of its right to collect full fees prior a determination f application completeness, APPLICANT shall pay an initial deposit in the amount of 735 which is f _ 3 hours of Community Development staff time, and if actual recorded costs exce the initi it, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT J l By: By: Chris Bendon Community Development Director Date: Billing Address and Telephone Number: CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Drew Alexander, 970-429-2739 DATE: 06/09/09 PROJECT: 305 S. Mill St.; D19 Popcorn Wagon Site APPLICANT: Marcus Wade TYPE OF APPLICATION: Temporary Food Vending DESCRIPTION: The Applicant is requesting approval for a Temporary Outdoor Food Vending permit in order to operate a hot dog stand (approx. 2' x 5') at 305 S. Mill St. This location is the current site of the Popcorn Wagon ad'acent to the restaurant D19. The temporary use is intended to run from June 151h, 2009 until October 15 h, 2009. The Applicant will need to comply with the criteria established in Section 26.470.060(7), Temporary Outdoor Food Vending. Below is a link to the Land Use application Form for your convenience. http://www.asDenpitkin.com/pdfs/depts/41 /landuseappform.pdf ft Land Use Code Section(s) RECEIVED 26.304 Common Development Review Procedures 26.470.060(7) Temporary Outdoor Food Vending JUN 10 2009 Follow link below to view the City of Aspen Land Use Code CITY OF ASPEN http //www aspenpitkin.com/depts/38/citycode.cfm %OMMUNPDEMOPMENI Review by: Community Development Staff for complete application Public Hearing: Not required for this review. Planning Fees: $50 for Administrative Community Development Staff Review Total Deposit: $50 Total Number of Application Copies: 2 Copies, including appropriate drawing for board review (HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2) To apply, submit the following information: 0 Total Deposit for review of application. 71 Pre -application Conference Summary. 0 Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. = Street address and legal description of the parcel on which development is proposed to occur, = Completed Land Use application and signed fee agreement. • E 0 2 copies of the complete application packet and maps. 0 A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application § 26.470.060(7) Temporary Outdoor Food Vending. [� A drawing depicting the size of the temporary use (not to exceed fifty (50) square feet). C] A signed letter from the owner of the business that the temporary use will be operating by or in association with. [-I Proof of approval from the Environmental Heaith Department for a food service plan. 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. • • _213-7 - (t-2- I?- 003 C) .2 5LtA -: File Edit Record Navigate Form Reports Format Tab Help Main Valuation Custom Fields Actions Feed Parcels Fee Summary Sub Permits Attachments i Routing 5tatus Routing ; ► $ Permit Type laslu Aspen Land Use Permit # 10037.2009,A5LU Address 305 5 MILL ST J Apt f 5uite C City ASPEN State CO Zip 81611 - 0 g Permit Information Master Permit I J Routing Queue laslu07 -- �i ProjectF— J Status Pending Description APPLICATION FOR HOT DOG CART Submitted ARCUS WADE Clock Running Days f 0 Owner Last Name D19 LLC ZI FrA Nome Phone P Owner Is Applicant? i Applicant Applied 0611012009 J Approved s J Issued Final Expires 06105j2010 307 5 ML ASPEN CO 81611 Last Name D19 LLC — — First Name 307 5 ML Phone j Cust # 26587 J ASPEN CO 81611 Lender Last Name F J First Name Phone AMP.A+ 4 sa - do AspenGold(b) Record: 1 of 1 T�¢uS-lc j2vt� H