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HomeMy WebLinkAboutcoa.lu.tu.400 E Hopkins Ave.0034.20100034.2010.ASLU 400 E. HOPKINS AVE TEMP USE FOOD VENDING T 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 0034.2010.ASLU NO PARCLE NUMBER 400 E. HOPKINS AVE DREW ALEXANDER TEMP FOOD VENDING CHARLES TAYLOR 7.30.10 CLOSED BY ANGELA SCOREY ON: 7. 30.10 • 0 N0 �(kiY d k Y �fuJJi� Eue wit Word Wvgate Fwm Reporja Format lab M) =� J Ck i too M_I-* ]pmP 1: 4,tA O a RoVtN Status Feet Fee Summary '.� gctiorts Attedtnents Routnq C rY yaAtation Ard1(Erq Custom F(elds Sub c� c Perm[ type asu Aspen Land Use F'ww& t 2010.ASLU - Address 400 E HOPKINS AVE Apt/Si mats Permit Inforinabon � � 1611 Master permt ROAN pmn Iu07 Applied 25f2010 Prolett Shbx ncLn9 Approved Description SNOW DAZE SHAVED ICE, LLC - TEMP FOOD VENDING Issued Foul Submtted LES TAYLOR dodt unrong pays Expves 6R0R01 t Submitted Owner Last tame '�u1 8 W PROPERTIES FW$t lame S MILL ST Phone Addres 970)925-8032 1 A ADpkaft ❑ Owna a applicarti ❑ Cot*acW it q*kart? Lastra TAYLCR FW nwe KKAFUS BOX2303 T C081621 Cust t k8830Addese Lender Last name First name Phone Adttess 00 .3 2-0 10 -,A,?. LLj ASWGoa(serva) anpelat _ l of 1 i NOTICE OF APPROVAL For A Temporary Outdoor Food Vending Permit, at 400 E. Hopkins Ave. Parcel 1D No. 2737-07-3-30-009 APPLICANT: Charles Taylor OWNER OF PROPERTY/MALL LEASE: Anthony Mazza SUBJECT & SITE OF APPROVAL: The Applicant has requested approval for a Temporary Outdoor Food Vending Permit at 406 E. Hopkins Avenue, specifically in front of the business Radio. SUMMARY: The Applicant has requested Temporary Outdoor Food Vending Approval for a shaved ice stand at 406 E. Hopkins. The temporary use is scheduled to run from June 1st through October Is`, 2010, however this approval grants a period of six (6) months with the ability to renew once the timeframe has expired. The ice stand is approximately 18 sq. ft. STAFF EVALUATION: Pursuant to Section 26.470.060(7) of the City of Aspen Land Use Code (hereinafter Code), Temporary Outdoor Food Vending is 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. In addition to being located within the Commercial Core Zone District, Staff finds that the Applicant has met the review criteria for the Temporary Outdoor Food Vending (see Exhibit A) based upon the reputable information provided in the Application. The Applicant has supplied signatures of approval from the property owner of the building on the subject parcel and the adjacent building (Isis Theater). All approving entities were aware of the timeframe and intent of this request. The temporary food cart abuts the public right-of-way along Hopkins. If the normal operation of this business in any way impedes the movement of pedestrian or vehicular traffic, the Applicant will be asked to move the cart so that line queues and normal business shall not create interference. If the public right-of-way cannot be maintained, this may create a necessary means of permit revocation. DECISION: Staff finds that the request for Temporary Outdoor Food Vending provided by the Applicant, Charles Taylor, should be granted. The proposed use and facility has Page 1 of 5 received approval from all required parties and will not exist for longer than six (6) months. The Application complies with the review standards for Temporary Outdoor Food Vending in Section 26.470.060(7) of the Code. APPROVED BY: nnifer Yheln Date Commu it evelopment Deputy Director Exhibit A — Review Criteria Page 2of 5 • r: Exhibit A Sec. 26.470.060(7). Criteria applicable to all Temporary Outdoor Food Vending. When considering a development application for Temporary Outdoor Food Vending, the Community Development Director shall consider, among other pertinent factors, the following criteria as they or any of them, relate thereto: 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. The Applicant is located within the appropriate zone district, has received the necessary approvals, and will remain in a consistent location. The location is abutted next to the public right-of-way, and Staff has made recommendations to the Applicant to move the cart further back or re -orient it. If the normal operation of the cart inhibits movement on the public right-of-way an alternate solution may need to be implemented. 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 4. Comprehensive list of all food and beverage being served. Page 3of 5 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. An Operation Plan was created and included in the letters of approval. 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. The Applicant is aware of the duration that this permit grants. The Applicant intends to only run the cart through October Is`. If this period extended, Staff would need revised letter from the property owner and adjacent businesses. Stafffinds this criterion met. d) 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. The cart is approximately 18 sq. ft. This does not include the area that the operator, but it is clear that adequate space exists. Staff finds this criterion met. e) 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. Page 4of 5 Including this approval, the City of Aspen has one (1) outdoor food vendor. Staff finds this criterion met. f) 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. The shaved ice stand includes a chalk -board signage menu system on its front. This application is acceptable and Staff finds this criterion met. Page 5of 5 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT • GENERAL LAND USE APPLICATION PACKET THE CITY OF ASPEN • r] L Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements 7. Affidavit of Notice All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the internet at www.aspenpitkin.com , City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold a pre -application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. s SITE �RoPF2� L--4-5 1 N c t_L, 01" j d P Yf N-10 0 0 ATTACHMENT 1 • CITY OF ASPEN DEVELOPMENT APPLICATION FEE POLICY The City of Aspen, pursuant to Ordinance 52 (Series of 2007), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the • case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the next page. 0 • 0 • CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees li Fc CITY OF ASPEN (hereinafter CITY) and Fi (hereinafter APPLICANT) AGREE AS FOLLOWS: C'� � . '�- s FO 1. APPLICANT has submitted to CITY an application for OF a (hereinafter, THE PROJECT). ��Fti 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure forlknd 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 $ 6 *- " °` 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: Date: Billing Address and Telephone Number: Po Roh a3o3 `asa co �/6�1 C� C� ATTACHMENT 2 —LAND USE APPLICATION 'ROJECT: AdIlk Name: SrQ w CAGc G. Location: LK)U 54St Yoakia5ti CU 516d (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) Name: Address: Phone #: REPRESENTATIVE: Name: Address: Phone #: TYPE OF APPLICATION: (please check all that apply): GD 5%4.2 ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment Other: '�E,•��� ];e��� ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed bui etc. Have you attached the following? FEES DUE: $ ] Pre -Application Conference Summary ] 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. u • • Project: Applicant: Location: Zone District: Lot Size: Lot Area: • 0 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM (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: Existing: Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed.• Principal bldg. height: Existing: Allowable: -Proposed- Access. bldg. height: Existing: Allowable: Proposed: On -Site parking: Existing. Required: Proposed: % Site coverage: Existing: Required: Proposed. % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required- Proposed.' Combined FIR: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non -conformities or encroachments: Variations requested: a 0 3 w d w o ' � �NyNy lVyy 7 Q C '= ' U � E u o 0 0 o � Z 0. o -- N N N — N N — N `^ N `~ N o `~ Uw U Av > > U z ° O Q A U �Q a U v UU°�°� QHF.N<U a ccFGG N N N N F�> �� a s A N a N z � z � A OFo�00 vy A Z �Qa. a a a a z z N Pk ap,N A A O A F F•y NU QQ a" wza ��.o� SUN zwQ z;T. a` A a o � y M a u u a 67 E41 E 1Ii V7 c M M N o a • M � �p � �1 O� V o o M y i i M o w 00 00 N N "a N V i 00 00 GO 00 -- O� E o •--� �-- N N lz --i M M Q y [� r [r t-:, r��r-r a r r rt-:, [- r r-r t-:, c Mt:, r 0. w a cc A a o W z 3 z :aCAw a o > F w z w 3 w z w a a A s °° z o a w w A w A a F z v w F w a p v C7 a Q o ow, w a p a A ° w U 3 CA p u .a � "� a U a 00 0 a Fp-1 F • r: • • • p" U U u a° O � 3 h E U � 2:' E E � L L N N (1) N N N N O1 U�U UU Uo z O Z (Uj q U G zw O w W ZWN°zQa��' a arA U� a N w w E� w N°zwN°�z�UzNaz a °zU w o,� x F- a z a N d w o a S° o a 0 ° z .o,F,zzA zAzo a a U d d d F Q M O� M z H z w W o w o ►- z z> a Cz w 0 O z w d V w A O 0 0 O O� U ct U .E ATTACHMENT 4-CONT'D- SUBMITTAL KEY I. Land Use Application with 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. 2. The street address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of ownership of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8 1/2" x I1" vicinity map locating the subject parcel within the City of Aspen. 5. A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 12. Accurate elevations (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures; a verification and recordation of the actual elevation in relation to mean sea level to which any structure is constructed; a demonstration that all new construction or substantial improvements will be anchored to prevent flotation, collapse or lateral movement of any structure to be constructed or improved; a demonstration that the structure will have the lowest floor, including basement, elevated to at least two (2) feet above the base flood elevation, all as certified by a registered professional engineer or architect. 13. A landscape plan that includes native vegetative screening of no less than fifty (50) percent of the development as viewed from the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. 14. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. 15. Proposed elevations of the development, including any rooftop equipment and how it will be screened. 6. A site plan depicting the proposed 16. Proposed elevations of the layout and the project's physical development, including any rooftop relationship to the land and it's equipment and how it will be screened. surroundings. 7. 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. 8. Plan with Existing and proposed grades at two -foot contours, with five-foot intervals for grades over ten (10) percent. 9. Proposed elevations of the development 10. A description of proposed construction techniques to be used. 11. A Plan with the 100-year floodplain line and the high water line. 17. A sketch plan of the site showing existing and proposed features which are relevant to the review. 18. One (1) inch equals four hundred (400) feet scale city map showing the location of the proposed subdivision, all adjacent lands owned by or under option to the applicant, commonly known landmarks, and the zone district in which the proposed subdivision and adjacent properties are located. 19. A plat which reflects the layout of the lots, blocks and structures in the proposed subdivision. The plat shall be drawn at a scale of one (1) equals one hundred (100) feet or larger. Architectural scales are not acceptable. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches. if it is necessary to place the plat on more than a one (1) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showing the subdivision as it relates to the rest of the city and the street system in the area of the proposed subdivision. The contents of the plat shall be of sufficient detail to determine whether the proposed subdivision will meet the design standards pursuant to Land Use Code Section 26.480.060(3).20. Subdivision GIS Data. 21. A landscape plan showing location, size, and type of proposed landscape features. 22. A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.470. 23. The precise wording of any proposed amendment. 24. Site Plan or plans drawn to a scale of one (1") inch equals ten (10') feet or one (I") inch equals twenty (20') feet, including before and "after" photographs (simulations) specifying the location of antennas, support structures, transmission buildings and/or other accessory uses, access, parking, fences, signs, lighting, landscaped areas and all adjacent land uses within one -hundred fifty (150') feet. Such plans and drawings should demonstrate compliance with the Review Standards of this Section. 25. FAA and FCC Coordination. Statements regarding the regulations of the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC). 26. Structural Integrity Report from a professional engineer licensed in the State of Colorado. 27. Evidence that an effort was made to locate on an existing wireless telecommunication services facility site including coverage/ interference analysis and capacity analysis and a brief statement as to other reasons for success or no success. 28. Neighborhood block plan at I"=50' (available from City Engineering Department) Graphically show the front portions of all existing buildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. (Continued on next page.) is • • • 0 • • 0 Indicate whether any portions of the 35. Exterior Lighting Plan. Show the houses immediately adjacent to the location, height, type and luminous subject parcel are one story (only one intensity of each above grade fixture. living level). Estimate the site illumination as measured in foot candles and include minimum, 29. Roof Plan. maximum, and average illumination. (Additionally, provide comparable 30. Photographic panorama. Show examples already in the community that elevations of all buildings on both sides of demonstrate technique, specification, and/ the block, including present condition of or light level if they exist. the subject property. Label photos and mount on a presentation board 31. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half (1 12) inches on the left hand side of the sheet and a one-half (12) inch margin around the other three (3) sides of the sheet pursuant to Land Use Code Section 26.480.090. 32. A description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open space areas, infrastructure improvements, and site drainage. 33. An architectural character plan generally indicating the use, massing, scale, and orientation of the proposed buildings. 34. A written description of the variance being requested. 0 • ATTACHMENT 5 • DEVELOPMENT REVIEW PROCEDURE 1. Attend pre -application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre -application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if • additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The Applicant will be required to mail notice (one copy provided by the Community Development Department) to property owners within 300 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The • Planning Staff will publish notice of the hearing in the paper for land use requests that • require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff s memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. • •. • ATTACHMENT 6 • PUBLIC HEARING NOTICING REQUIREMENTS forms of notice are required by the Aspen Land Use Regulations publication in the ,aper, posting of the property, and mailing to surrounding land ers. Followin is a summary of the notice requirements, including id tification of who is responsible or completing the notice. 1. Public 'on -Publication of notice in a paper of eneral circulation in the City of Aspen is to be doe at least fifteen (15) days prior to t hearing. The legal notice will be written by the Co unity Development Departme and we will place the notice in the paper within the appro 'ate deadline. 2. Posting - Posting o a sign in a consp' uous place on the property is to be done fifteen (15) days prior to the h ng. It is th applicant's responsibility to obtain a copy of the sign from the Community D elopmen epartment, to fill it in correctly and to bring proof to the hearing that posting too lac use attached affidavit). 3. Mailing - Mailing of notice is t e made to all owners of property within 300 feet of the subject development parcel plicant. It is the applicant's responsibility to obtain a copy of the notice fro the Co unity Development Department, to mail it according to the following stand ds, and to b\sur hearing that the mailing tookplace (use attached affidavit). Notice to mineral Estate O er. An Applicvelopment shall notify affected mineral estate o ers by at least thir to the date scheduled for the initial public hearing n the application fThe applicant shall certify that the notice has been rovided to the mineral estate owners. The names and add r ses of property owners shall be those on the current tax records of Pitkin County as th appeared no more than sixty (60) days prior to the date of public hearing. .• 41 Summary of intent 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 1st, 2010 until October 1st, 2010 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 • 0 A*rrfICINY J. MAZ7A I'ROkNN J. W1N11)8. III City of Aspen Mr. T.J. Oliver HAND DELIVERED Dear T.J. Oliver: M & W PROPERTIES SUITI. 301A 205 SOUTH MILT, STRF.E'r ASPEN, COLORADO 51611 June 4, 2010 Re: Isis Building= Shaved Iced Cart AREA CODE 970 TELEPHONF 925-5032 FAX 925-6995 As the Managing Partner/Owner of the Isis Building, I give permission for the Radio Tenant, Michael Young and Travis McClain, to run their Shaved Iced Cart outside your property. Thank you. MA • • 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. Thank You, Michael Young Charles Taylor signature % da e 0 9 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. Thank You, Michael Young Charles Taylor sign ture P,A,.r L'A c date 0 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. Thank You, Michael Young Charles Taylor sigma ure l J CJ rt. 9%-" 5TOXE— date [j ELa w I a / AS PEN &r.EtJ E • 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. Thank You, Michael Young Charles Taylor VED signa re date C/Ty OF , ��/0 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. Thank You, Michael Young Charles Taylor _ 1 Signature dale W Z W O G O 7 t2 Q i _ . F i +, #Alp., Oar L ti4 - SMALL-J� 5 Add Kau2i �lrlK Lem , ) . 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