HomeMy WebLinkAboutcoa.lu.tu.400 e hopkins ave.0044.2011 THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0044.2011.ASLU
PARCEL ID NUMBER 2735 07 3 30 009
PROJECTS ADDRESS 400 E. HOPKINS AVE
PLANNER AMY GUTHRIE
CASE DESCRIPTION FOOD VENDING PERMIT
REPRESENTATIVE CHUCK TAYLOR
DATE OF FINAL ACTION 7.5.11
CLOSED BY ANGELA SCOREY ON: 7.28.11
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NOTICE OF APPROVAL
GROWTH MANAGEMENT QUOTA SYSTEM APPROVAL FOR A
TEMPORARY OUTDOOR FOOD VENDING STAND TO OPERATE ON
PRIVATE PROPERTY AT 400 EAST HOPKINS AVENUE
Parcel ID No. Q737 - 0 7 - 3 - 3 O _ pp 9
APPLICANT: Chuck Taylor, Radio
SUBJECT & SITE OF APPROVAL: 400 East Hopkins Avenue, involving the
approval of Growth Management Quota System (GMQS) for a Temporary Outdoor Food
Vending stand.
SUMMARY:
The Applicant, Radio, represented by Chuck Taylor has requested GMQS approval for
Temporary Food Vending. Radio has proposed a shave ice stand, Snow Daze Shave Ice,
at 400 East Hopkins Avenue which will operate from 11:30 a.m. until 7:30 pm. seven
days a week. Radio has operated the shave ice stand here once before, for a six month
period. The vendor only anticipates selling shave ice and sodas.
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. The operation consists of an 18 square foot
counter area and associated equipment (cooler, waste receptacle, etc.). All activity will
occur behind and at the counter space. Environmental Health has reviewed the
application and has found it satisfactory. The Applicant has also stated that the period of
operation will be June 15 through October 1 2011, which does not violate the current
allotment of six (6) months. For Staff's response to the review criteria see "Exhibit A."
Page 1 of6
DECISION:
Staff finds that the Growth Management Quota System application for Temporary
Outdoor Food Vending, provided by Chuck Taylor of Radio, should be granted.
The location on private property at 400 East Hopkins Avenue 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:
/ JAW
Chris Bendon Date
Community Development Director
Attachments:
Exhibit A — GMQS Review Standards
Page 2of 6
Exm rr A
Radio, 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. Radio has 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
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 finds 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 fmds 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 consists of an 18 sq. ft. counter area with
accessory items (i.e. trash receptacle, cooler, etc.) nearby. All other activity
includes the queuing of the line, which should be handled in the private patio
space before extending onto the sidewalk. Staff fmds this criterion met.
Page 4of 6
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, the Radio Shave Ice stand will be the
second outdoor food vending operation within the city limits. The other valid
permit is held by Jack Reed of Roots and Shoots. Staff fords 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: Radio will conform to the signage allotments via a chalk board
style sign affixed to the front of the stand. Staff fmds 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 fmds 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 fords this criterion met.
Page 6of 6
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Drew Alexander, 970 -429 -2739 j F`' DATE: 06 /01/11
PROJECT: 400 East Hopkins "' `
APPLICANT: Chuck Taylor 9 2011
TYPE OF APPLICATION: Temporary Food Vending
C 1 Y OF ASPEN
DESCRIPTION: COMMUNITY OEVELOPMEN
The Applicant is requesting approval for a Temporary Outdoor Food Vending permit in order to operate
a shaved ice stand at 400 East Hopkins, in front of the business Radio. 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, in addition to:
• Desired months of operation
• Full list of food being offered
• Location
• Hour of operation
All of this information should be included in the Applicant's Operation Plan. The operation plan shall be
included in the letters of approval that must be signed by the property owner(s) or owner's
association(s). In addition, the Applicant must obtain approval from all business on the subject lot, and
all business on the adjacent property.
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 /0 /docs/Citv /Comdev/ Apps %20and %20Fees /landuseappform. 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
http: / /www. aspen p itk i n. co m/ Departments /C o m m u n itv -Deve l o p me nt/P t a n n i n q- and -Zo n i nq/T itl e -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:
C 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 Street address and legal description of the parcel on which development is proposed to occur,
0 Completed Land Use application and signed fee agreement.
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.
0 A drawing depicting the size of the temporary use (not to exceed fifty (50) square feet).
0 A site plan depicting the location of the temporary use.
0 If applicable, a signed letter from the owner of the business that the temporary use will be
operating by or in association with.
0 Signed letters from those restaurant or retail businesses that the temporary use will be
operating adjacent to.
0 A signed letter from the property owner.
0 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.
Summary of intent
Michael Young /Charles Taylor
9 Deer Run Carbondale CO.
970 - 618 -6317
Snow Daze Shave Ice
400 East Hopkins Ave.
Aspe CO, 81611
26.470.060(7) 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 15th, 2011 until
October 1st, 2011.
b. Operation hours for the shave ice stand will be 11:30AM to 7:30 PM seven days a
week.
c. The counter area of the 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 stand has obtained approval from the Environmental Health
Department as of 06 -08 -09 C.J. The shave ice stand will have a wast 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 Snow Daze Shave Ice
a. Shave Ice
b. Canned soda
Approval Letter for Snow Daze Shave ice Cart
400 East Hopkins Ave.
Aspen CO 81611
If you could please sign this letter stating that you are allowing us to operate a
temporary shave ice cart on the patio outside Radio Board Shop Aspen, located at 400
East Hopkins Ave., Aspen CO 81611. The hours of operation will be 11:30 am to 7:30
pm seven days a week. Opening date June 15th 2011, closing date October 1st 2011.
Thank You,
Michael Young
Charles Taylor
si � date
rog 1.
Approval Letter for Snow Daze Shave ice Cart
400 East Hopkins Ave.
Aspen CO 81611
If you could please sign this letter stating that you are allowing us to operate a
temporary shave ice cart on the patio outside Radio Board Shop Aspen, located at 400
East Hopkins Ave., Aspen CO 81611. The hours of operation will be 11:30 am to 7:30
pm seven days a week. Opening date June 15th 2011, closing date October 1st 2011.
Thank You,
Michael Young
Charles Taylor
v
signature date
15k
r
Approval Letter for Snow Daze Shave ice Cart
400 East Hopkins Ave.
Aspen CO 81611
If you could please sign this letter stating that you are allowing us to operate a
temporary shave ice cart on the patio outside Radio Board Shop Aspen, located at 400
East Hopkins Ave., Aspen CO 81611. The hours of operation will be 11:30 am to 7:30
pm seven days a week. Opening date June 15th 2011, closing date October 1st 2011.
Thank You,
Michael Young
Charles Taylor
-1.1 . /� 6'S ' 11
signature date
?e - -VC L i \C—
l .
Approval Letter for Snow Daze Shave ice Cart
400 East Hopkins Ave.
Aspen CO 81611
If you could please sign this letter stating that you are allowing us to operate a
temporary shave ice cart on the patio outside Radio Board Shop Aspen, located at 400
East Hopkins Ave., Aspen CO 81611. The hours of operation will be 11:30 am to 7:30
pm seven days a week. Opening date June 15th 2011, closing date October 1st 2011.
Thank You,
Michael Young
Charles Taylor
signature date
tA:
Approval Letter for Snow Daze Shave ice Cart
400 East Hopkins Ave.
Aspen CO 81611
If you could please sign this letter stating that you are allowing us to operate a
temporary shave ice cart on the patio outside Radio Board Shop Aspen, located at 400
East Hopkins Ave., Aspen CO 81611. The hours of operation will be 11:30 am to 7:30
pm seven days a week. Opening date June 15th 2011, closing date October 1st 2011.
Thank You,
Michael Young
Charles Taylor
sign- „re / d
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Approval Letter for Snow Daze Shave ice Cart
400 East Hopkins Ave.
Aspen CO 81611
If you could please sign this letter stating that you are allowing us to operate a
temporary shave ice cart on the patio outside Radio Board Shop Aspen, located at 400
East Hopkins Ave., Aspen CO 81611. The hours of operation will be 11:30 am to 7:30
pm seven days a week. Opening date June 15th 2011, closing date October 1st 2011.
Thank You,
Michael Young
Charles Taylor
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