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Home My WebLink Aboutcoa.lu.tu.121 s galena st.0004.2010.aslu0004.2012LASLU 121 S GALENA ST PARCEL ID 2737 07 3 30 007 1 T I 0 • 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 0004.2010.ASLU 2737 07 3 30 007 121 S GALENA ST CHRIS BENDON OUTDOOR FOOD VENDING JACK REED 8.6.10 CLOSED BY ANGELA SCOREY ON: 04.01.11 0 • P� 27 3, o 7 3 0 "7 r �iJl File Edit Record Navigate Form Reports Format Tab Help Mp aIRouting Status i Fees Fee Summary Main Actions Attachments Routing History Valuation Archf Eng Custom Fields Sub Permts / a Permit type aslu Aspen Land Use Permit # 0004.2011.ASLU Address 121 S GALENA ST Aptj cite °o City ASPEN State CO Ijp 81611 Q % Permit Information n Master permit Routing queue aslu0l ppp 1 f28C2011 c A' '` Project Status Fending Approved z 0 y Description TEMPORARY OUTDOOR FOOD VENDING Issued FLAT FEE $50.00 Final Submitted JACK REED 970 778 6026 Clock Running Days F70 Expires 1 i?3f?012 Submitted via Owner Last name GODIVA HOLDINGS LLC First name 435 E MAIN ST Phone (970) 948-8269 Address ASPEN CO 81611 Applicant 0 Owner is applicant? E] Contrador is applicant? Last name ROOTS AND SHOOTS First name ACK REED 121 S GALENA ST ASPEN CO 81611 Phone (970) 778-6026 Cust # 28970 Address I Lender i Last name First name Phone () Address Displays the permit lender's address Pa id ca ,4� 466 00 �V 0002°� 12� AspenGold5 (server) angelas _ 1 oil Lor � CcC--* O 0 0 NOTICE OF APPROVAL GROWTH MANAGEMENT QUOTA SYSTEM APPROVAL FOR A TEMPORARY OUTDOOR FOOD VENDING STAND TO OPERATE ON PRIVATE PROPERTY AT 121 SOUTH GALENA STREET Parcel ID No. 2737-07-3-30-007 APPLICANT: Jack Reed, Roots and Shoots SUBJECT & SITE OF APPROVAL: 121 South Galena Street, involving the approval of Growth Management Quota System (GMQS) for a Temporary Outdoor Food Vending stand. SUMMARY: The Applicant, Roots and Shoots, has requested GMQS approval for Temporary Food Vending. Roots and Shoots has proposed a vegetable stand at 121 South Galena which will operate from 9a.m. until 5 pm. (breakdown from 6p.m. through 7p.m.) on Thursdays and Fridays in the public amenity area on the south portion of the lot. STAFF EVALUATION: Pursuant to Chapter 26.470.060(7), Temporary Food Vending must comply with a list of criteria before being considered for approval. These criteria address such aspects like the size of the cart, location, planned period of operation, Environmental Health Dept. approvals, and the required approval from the property owner and adjacent businesses. Due to Aspen's commercial environment, all potential food vendors must receive approval from the property owner and adjacent businesses. This control mechanism ensures that a fair and reasonable market is maintained within the City limits. Without this requirement, there is a potential of food vendors offering a product that is in direct competition with an existing and adjacent business. The Applicant has obtained all necessary approvals for this operation. In addition to the compliance listed above, the Applicant has designed a cart that meets the size limitation of fifty (50) square feet. This includes a set of tables where the produce will be on display and a cashier table for transactions. All activity will take place on the tables and in the proximity of the cashier table. Environmental Health has reviewed the application and has found it satisfactory. The Applicant has also stated that the period of operation will be February through July, 2011, which does not violate the current allotment of six (6) months. For Staff's response to the review criteria see "Exhibit A." Page lof 6. 9 Ll DECISION: Staff finds that the Growth Management Quota System application for Temporary Outdoor Food Vending, provided by Jack Reed of Roots and Shoots, should be granted. The location on private property at 121 South Galena Street is appropriate for the food vending cart and Staff finds that the operation meets all applicable criteria. The location has no building or access concerns. Fire Codes will not be affected as long as right-of-ways are maintained. The property owner and adjacent businesses have granted their consent for this operation. APPROVED BY: 40C Chris Bendon Community Development Director Attachments: Exhibit A — GMQS Review Standards 42 //,001 Date Page 2of, , (, 0 EIBIT A Roots and Shoots, Temporary Food Vending REVIEW CRITERIA & STAFF FINDINGS: 26.470.060(7) GMQS, Temporary Outdoor Food Vending Temporary Food Vending on private property or public property that is subject to a mall lease for food vending or outdoor restaurant seating in the Commercial Core (CC) or Commercial Lodge (CL) Zone Districts shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: a. Location. All outdoor food vending shall be located in the Commercial Core (CC) zone district. Temporary food vending may operate in interior arcades of buildings within the Commercial Core and Commercial Lodge zone districts only if the approval of the property owner and of all businesses that have access in the arcade has been granted. The temporary operation shall under no circumstance be located in the public right-of-way. The normal operation of the food cart, including line queues, shall not inhibit the movement of pedestrian or vehicular traffic along the public right-of-way. Other criteria that all applications must be in compliance with: 1) Multiple vending sites shall not be allowed for any single owner or entity. 2) The food cart 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. 3) The food vending cart shall be placed in a location that does 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. 4) Before a food vending cart can begin operating, it must receive approval from the property owner and all adjacent businesses. Staff Response: All of the above criteria have been met. Roots and Shoots have committed to setting up the stand in the same location each time and to maintain ingress/egress for the adjacent business. The property owner and adjacent businesses have approved of this operation. Staff finds this criterion met. b. Operation Plan. The Applicant shall create an operation plan to include in all letters that seek approval from the property owner or adjacent businesses. The operation plan shall contain the following information, at a minimum: 1) Months of intended operation 2) Hours of operation 3) Location Page 3of 6 • 0 4) Comprehensive list of all food and beverage being served. If any element of the operation plan is altered after a Temporary Outdoor Food Vending permit has been issued, the Community Development Director has the ability to revoke the issued permit. Staff Response: An operation plan has been created and signed for consent by the property owner and adjacent businesses. The Applicant is aware of the consequences for violating this operation plan. Staff fmds this criterion met. c. Duration. The temporary food vending operation shall be permitted to operate for a period of six (6) months. The six (6) month period shall begin on the same the date that the Notice of Approval is signed by the Community Development Director. This six (6) month period may not be separated into non-consecutive periods. Once the six (6) month timeframe has expired, the operation shall be subject to an additional review and permit process. The Community Development Director shall consider a returning vendor's past performance in considering a permit renewal. 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. 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 cart will create a public safety issue or create an excessive burden on the event activities. The Community Development Director may revoke the permit and cause removal of the vending operation if the vendor fails to accommodate such a request. Staff Response: The Applicant is aware of the six month timeframe and will attempt renewal upon expiration if there is a desire to continue the operation. Staff finds this criterion met. d. Fee. The permit fee for a food vending cart shall be the current fee listed in Land Use Code Section 26.104.070, Land use application fees. Staff Response: The Applicant has paid the applicable fee for this review. Staff finds this criterion met. e. Size. 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. Staff Response: This operation is not the traditional cart that is typical the subject of review for Temporary Food Vending. Instead, the proposed plan includes a set of individual tables with produce on them and a cashiers table for Page 4of 6 transaction. This is acceptable so long as the total footprint of this activity does not exceed 50 sq. ft. Staff finds this criterion met. f. Number. The number of Temporary Outdoor Food Vending carts allowed within the City of Aspen at any given time shall be limited to four (4). This number shall be based upon valid Land Use Applications approved by the Community Development Director. Food vending locations within interior arcades are exempt from this limitation. Staff Response: At the time of this review, Roots and Shoots will be the only outdoor food vending operation within the city limits. There is a valid permit elsewhere in the city, but the operation is not currently active. Staff finds this criterion met. g. Signage. Signage for temporary food 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: Roots and Shoots plan on using a sandwich board sign. This is acceptable as long as it remains in the private property and not in the public right- of-way. Staff finds this criterion met. h. Abandonment. The City of Aspen may remove an abandoned food 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. Staff Response: The Applicant is aware of this provision. Staff finds this criterion met. i. Environmental Health. 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 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: Environmental Health has reviewed this proposal and issued an approval. Staff finds this criterion met. Page 5of 6 j. Affordable Housing Waiver. 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. Staff Response: The Affordable Housing requirement has been waived for this application. Staff finds this criterion met. k. Year-round Operation. The outdoor food vending activities may occur year- round. An application for 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 of the Colorado Revised Statutes or Chapter 26.308 of this Title. Approvals granted in this subsection are subject to revocation by the City Manager or Community Development Director without requiring prior notice. Staff Response: The Applicant does not wish to pursue a year-round approval at this time; therefore this criterion is not applicable. 1. Maintenance and public safety. An application for temporary outdoor food 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: This temporary vending operation should not diminish the public health, safety, or welfare. Environmental Health has completed a review of the project and the Applicant is committed to keeping ingress/egress paths open for fire protection purposes. Staff finds this criterion met. Page 6of 6 RECOWL; gar, z a zo>> CITY OF ASPEN CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARIpMMUNITY DEVELOPMENT PLANNER: Drew Alexander, 970-429-2739 DATE: 01/27/10 PROJECT: 121 S. Galena, Roots and Shoots APPLICANT: Jack (4,�O , Phone# Y76 - 778 TYPE OF APPLICATION: Temporary Food Vending DESCRIPTION: The Applicant is requesting approval for a Temporary Outdoor Food Vending permit in order to operate a food stand at 121 S. Galena Street. The Applicant has not specified the periods of time when the food stand is intended to operate, but this information will need to be included with the Land Use Application. The Applicant has already received a business license and authority from the business adjacent to the food stand location. The Applicant will need approvals from all businesses within the adjacent building and from the property owner, Godiva Holdings, LLC. 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 aspenpitkin com/Portals/O/docs/City/Comdev/Apps%2Oand%20Fees/ianduseappform.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.470.060(7) Temporary Outdoor Food Vending Follow link below to view the City of Aspen Land Use Code httpi//www aspenpitkin com/Departments/Community-Development/PIanning-and-Zoning/Title-26- Land-Use-Code/ 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: = Total Deposit for review of application. 0 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. 0 • f,e- = Street address and legal description of the parcel on which development is proposed to occur, 0 Completed Land Use application and signed fee agreement. 4r _ 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. (�=( 0 A drawing depicting the size of the temporary use (not to exceed fifty (50) square feet). E-1 A site plan depicting the location of the temporary use. Fv�l( 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. DMA signed letter from the property owner. ff]-Proof of -approval from the�Environmental Health 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. • • ATTACHMENT 2 —LAND USE APPLICATION PROJECT: Name Location: I ZI � E �zn - I"A U � (Indicate street address, lot & block number, leg Parcel ID # (REQUIRED) APPLICANT: Name: �C•LK �tct Address: Phone#: 170. 37L �02� REPRESENTATIVE: Name: Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ 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 iption where appropriate EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) C PROPOSAL: ipttiion of pr PC 0.c'�r- buildings. uses. modifications. etc. S F" ❑ Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion [2( Other: poop G 0/I3tA3 r0.1M M.o, Qi CM .S. lave y u attached the following? FEES DUE: $ 6 . oe ] Pre -Application Conference Summary ] Attachment #1, Signed Fee Agreement onse to Attachmen , imensional Requirements Form ] Response to t #4, Submittal Requirements- Including Written Responses to Review Standards ] 3-D NjpdeTloir large projec All plans that are larger than �5" 11" t 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 ,lectronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. 0 • CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and `�� . "G� ��X�,��c (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an application for (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. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ SO-** which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, 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 $245.00 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 By: Chris Bendon Community Development Director By: J C C F— k e 4,--- Date: T(1 ZY J It f Billing Address and Telephone Number: 170. 3?SZ. L^DZ1, w 0 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: lw j. cc( S.drA-E ,a F5an Applicant: I S:zc k Location: t'd I Zone District: G G 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 tv4idential units: Number of bedr s: Proposed % of demoliti Existing: Proposed: Existing: Proposed: Existing: Proposed: DIMENSIONS: N Floor Area: Existing: Principal bldg. height: Existing: Access. bldg. height: Existing: On -Site parking: Existing: % Site coverage: Existing: : % OI.Existing: Existin . Fro: Exi rng: Re: xisting: Com. Existing:Si: Existing:Si: Existing:Comb: Existing: Distance Between Existing Buildings properties only): Allowable Proposed: Ilow le: Proposed: able: Proposed - Require . Proposed:_ Required: Proposed.•_ Required: Proposed. Required: roposed: _ Required.' Pro sed.•_ Required: Propose . Required: Proposed:_ Required: Proposed-_ Required: Proposed-_ Required- Proposed: Existing non -conformities or encroachments: Variations requested: �ah49ch� �w�` .� P&W law c� Qr�1p� our ctri kq he locvteym5&— _�10_j sef=up i/ _ — e ro`�,- 8 -- ate,. • rea our ` �a - �4i. �r, -- --- -- — --- - .J464 0 0 /I Cj J � j'G� CQ �� c lh t' C 71111 /f 'CAD _s t S `10,9 �,�r�� rle� f �U C Ar, c% ( f a h !G/t��G1 6.)5 / l�l611 S)�( (�1 l/ f r l Icr' 1 � � Y � � v /rl)/" / � I 6�, E,rQ�� 'J 4 I I L+1z 1 VrT— J1-1, RECEIVED FEB 1 1 2011 CITY OF COMMUNITY DEVELOPMENT 0 0 e7 17 eov,'t oee v o WeAla ca- '(Sild e- --O�p et CieFC2 d- -- 70�d- 0. 6 26.470.060.7 - Temporary food vending. Temporary Food Vending on private property or public property that is subject to a mall lease for food vending or outdoor restaurant seating in the Commercial Core (CC) City of Aspen Land Use Code or Commercial Lodge (CL) Zone Districts shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: a) Location. All outdoor food vending shall be located in the Commercial Core (CC) zone district. Temporary food vending may operate in interior arcades of buildings within the Commercial Core and Commercial Lodge zone districts only if the approval of the property owner and of all businesses that have access in the arcade has been granted. The temporary operation shall under no circumstance be located in the public right-of-way. The normal operation of the food cart, including line queues, shall not inhibit the movement of pedestrian or vehicular traffic along the public right-of-way. Other criteria that all applications must be in compliance with: Applicant Response: The proposed location for the temporary food vending operation is on the northwest corner of the East Hopkins and South Galena Street intersection on the patio that the current business "Peaches" owners and operates. This parcel is within the CC zone district. The temporary food vending operation will not be located within a public right of way, nor will it inhibit the movement of pedestrians or vehicular traffic. The site of the operation is off the side walk on an existing patio and will not create pedestrian congestion. (See plan view of space in submittal packet) Multiple vending sites shall not be allowed for any single owner or entity. Applicant Response: The Applicant acknowledges that this will be the only food vending operation on or within the subject property. The Applicant acknowledges that only one approval can be granted per request. 2. The food cart shall be in a consistent location as is practically reasonable and not intcndcd to move on a daily basis throughout the duration of the permit. Applicant Response: The Applicant's operation will be stationary on the patio and will not be moving throughout the duration of the permit. The food vending cart shall be placed in a location that does 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. Applicant Response: The Applicant commits to not interfering with emergency ingress/egress. The operation will not pose a threat to public health, safety, or welfare. As stated above, the operation will be secluded to the patio so that emergency access will always be maintained. 4. Before a food vending cart can begin operating, it must receive approval from the property owner and all adjacent businesses. Applicant Response: Included in this submittal packet are letters from the property owner and all adjacent businesses to this parcel that have signed off on the proposal and its operations plan. Page I of 4 PID #: 273707330007 • • b) Operation Plan. The Applicant shall create an operation plan to include in all letters that seek approval from the property owner or adjacent businesses. The operation plan shall contain the following information, at a minimum: 1. Months of intended operation 2. Hours of operation 3. Location 4. Comprehensive list of all food and beverage being served. If any element of the operation plan is altered after a Temporary Outdoor Food Vending permit has been issued, the Community Development Director has the ability to revoke the issued permit. Applicant Response: Included in the submittal packet is the operation plan. This plan was furnished to the property owner and all adjacent businesses when consent approval was sought. The owners of the parcel, building and the adjacent businesses are aware of the operating plan and have provided consent. Consent letters have been affixed to the submittal packet. The Applicant acknowledges that if the operating plan is altered after the vending permit has been issued, the Community Development Director may revoke the permit. c) Duration. The temporary food vending operation shall be permitted to operate for a period of six (6) months. The six (6) month period shall begin on the same the date that the Notice of Approval is signed by the Community Development Director. This six (6) month period may not be separated into non-consecutive periods. Once the six (6) month timeframe has expired, the operation shall be subject to an additional review and permit process. The Community Development Director shall consider a returning vendor's past performance in considering a permit renewal. 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. Applicant Response: The Applicant acknowledges all of the above. 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 cart will create a public safety issue or create an excessive burden on the event activities. The Community Development Director may revoke the permit and cause removal of the vending operation if the vendor fails to accommodate such a request. Applicant Response: The Applicant acknowledges that this may occur. d) Fee. The permit fee for a food vending cart shall be the current fee listed in Land Use Code Section 26.104.070, Land use application fees. Applicant Response: The Applicant commits to paying the $50 fee for review of this application. e) Size. 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. Page 2 of 4 PID #. 273707330007 Applicant Response: The Applicant commits to the 50 square foot limitation. f) Number. The number of Temporary Outdoor Food Vending carts allowed within the City of Aspen at any given time shall be limited to four (4). This number shall be based upon valid Land Use Applications approved by the Community Development Director. Food vending locations within interior arcades are exempt from this limitation. Applicant Response: The Applicant acknowledges this limitation and will defer to the Community Development Director for enforcement. g) Signage. Signage for temporary food 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. Applicant Response: The commits to following the signage standards mentioned above. h) Abandonment. The City of Aspen may remove an abandoned food 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. Applicant Response: The Applicant acknowledges that the City of Aspen may remove the vending operation if abandoned. It is not the Applicant's intention to abandon the cart but to remove at the end of the life of the permit or reapply for another permit. i) Environmental Health. 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 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. Applicant Response: The,Applicant will not be preparing food on site. This operation will only be selling local Colorado produce. j) Affordable Housing Waiver. 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. Applicant Response: The Applicant acknowledges that the Director will waive the affordable housing mitigation fee for this permit. k) Year-round Operation. The outdoor food vending activities may occur year-round. An application for 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 of the Colorado Revised Statutes or Chapter 26.308 of this Title. Page 3 of 4 P/D #: 273707330007 • 0 Approvals granted in this subsection are subject to revocation by the City Manager or Community Development Director without requiring prior notice. Applicant Response: The Applicant is aware that approval of this application does not constitute a site specific development plan and therefore is not vested. 1) Maintenance and public safety. An application for temporary outdoor food 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. Applicant Response: The Applicant will not diminish the general public health, safety, or welfare and will abide by all applicable city regulations mentioned above. Page 4 of 4 PID #. 273707330007 Legal Description Subdivision: CITY AND TOWNSITE OF ASPEN Block: 87 Lot: S