HomeMy WebLinkAboutcoa.lu.tu.121 S Galena St.0053.20110053.2011.ASLU 121 S. GALENA ST
TEMP FOOD VENDING
PARCEL # 2737 07 3 30 007
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THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0053.2011.ASLU
PARCEL ID NUMBER 2737 07 3 30 007
PROJECTS ADDRESS 121 S. GALENA ST
PLANNER DREW ALEXANDER
CASE DESCRIPTION TEMP FOOD VENDING
REPRESENTATIVE ROOTS AND SHOOTS
DATE OF FINAL ACTION 8.9.11.
CLOSED BY ANGELA SCOREY ON: 8.10.11
NOTICE OF APPROVAL
APPROVAL FOR A TEMPORARY OUTDOOR FOOD VENDING STAND TO
OPERATE ON PRIVATE PROPERTY DESCRIOBED AS LOT S, BLOCK 87,
CITY AND TOWNSITE OF ASPEN AND COMMONLY KNOWN AS 121
SOUTH GALENA STREET
Parcel ID No. 273707330007
APPLICANT: Jack Reed, Roots and Shoots
SUBJECT & SITE OF APPROVAL: 121 South Galena Street, administrative Growth
Management Quota System (GMQS) approval for Temporary Outdoor Food Vending.
SUMMARY:
The Applicant, Roots and Shoots, has requested GMQS approval for Temporary Food
Vending. Roots and Shoots proposes a produce stand at 121 South Galena which will
operate from 9a.m. until 6 pm. Wednesdays through Fridays in the public amenity area
on the southwest 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 operation, location, planned period of operation, Environmental Health Dept.
approvals, and the required approval from the property owner and adjacent businesses.
The Applicant has obtained all necessary approvals for the subject operation.
In addition to the compliance listed above, the Applicant has designed a stand that meets
the size limitation of fifty (50) square feet. This includes a set of tables where the
produce will be on display, inclusive of a cashier stand. All activity will take place on or
in proximity of the tables. Environmental Health has reviewed the application and the
current line of products offered does not need any additional approval. The Applicant
has also stated that the period of operation will be July through February, 2012, which
does not violate the current allotment of six (6) months.
DECISION:
Staff finds that the 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 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
Page I of 6
consent for this operation. Approval is for 6 months and shall expire on February
28, 2012.
APPROVED BY:
Chris Bendon
Community Development Director
Attachments:
Exhibit A — GMQS Review Standards
Exhibit B - Application
61
Date
Page 2of 6
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REVIEW CRITERIA & STAFF FINDINGS:
FXHiRiT A
Temporary Food Vending
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
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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 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 SO 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. 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. Stafffinds 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.
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
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CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Drew Alexander, 970-429-2739
PROJECT: 121 S. Galena, Roots and Shoots
APPLICANT: Jack Reed, Phone#
TYPE OF APPLICATION: Temporary Food Vending
AUG - 3 2011
CITY OF ASPEN
i`!1MK IA!!''V my rr! nV, T 11,
DATE: 01 /27/10
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. The Applicant will need approvals from all
businesses within the adjacent building(s) and from the property owner, Godiva Holdings, LLC listed on
the operation plan. The operation plan should include:
• Hours of operation and days
• Duration of permit
• Menu
• Location
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/City/Comdev/Apps%20and%2OFees/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 aspenpitkin com/Departments/Community-Development/Planning-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
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applicant stating the name, address, and telephone number of the representative authorized to
act on behalf of the applicant.
E] Street address and legal description of the parcel on which development is proposed to occur,
= 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.
= A drawing depicting the size of the temporary use (not to exceed fifty (50) square feet).
= A site plan depicting the location of the temporary use.
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.
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.
RECFIVED
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENtiTY C �
Agreement for Payment of City of Aspen Development Application Fees Dt/ ( P NT
CITY OF ASPEN (hereinafter CITY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:
�PPL C T has submitted to �['�1' a,� applies n for
fit'' O WCo Y(t2 Ij1 �Pil �Fi C��S /�^!� S/b•�f
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 $ 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: By:
Chris Bendon
Community Development Director Date:
Billing Adpress and Telephone Number:
GlOGI c g'
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171
ATTACHMENT 2 —LAND USE APPLICATION
PROJECT:
Name: 0 /5 J�1oc� -Pu2 d�cc✓ E��t ���r
Location:
Indicate street address, lot & block number, legal descri tion where a ro ria
Parcel ID # UIRED
APPLICANT:
Name:
Address:
Phone #:�
REPRESENTATIVE:
Name:
Address:
Phone #:
TYPE OF APPLICATION: (please check all that apply):
❑
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:
❑
Conditional Use
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.
LjoIA16 PCIA �/ F02 lo o 7-J SL
S o W06V �7,J 66S
ROPOSAL: (description of proposed buildings, uses, modifications, etc.
]AA,1011-11b, P�612WTX_77---
Have you attached the following? FEES DUE: $
❑ Pre -Application Conference Summary , b
❑ Attachment #l, Signed Fee Agreement
❑ Response to Attachment #3, Dimensional Requirements Form
❑ Response to Attachment 44, 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.
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Drew Alexander, Planner
City of Aspen Community Development Department
130 S. Galena St — 3rd Floor City Hall
Aspen, CO 81611
Drew,
The purpose of this letter is declare that I am the owner of 121 S. Galena Street — Godiva Holdings LLC. I
authorize Jack Reed to make an application for a Temporary Vending permit for the farmers market
called Root and Shoots on our property.
Thanks,
Owners of Godiva Holdings LLC
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Operating Plan — Roots and Shoots
The Roots and Shoots Temporary Vending business is a farmers market located on the patio at 121 S.
Galena Street where the current business "Peaches" is located. We have received a previous Temporary
Vending Permit from the City of Aspen in February 2011 and have not received any complaints since our
operation commenced.
The Roots and Shoots Temporary Vending business is basically a produce market where local Colorado
produce is sold to customers. Our proposed hours of operation for the next 6 months areas follows:
Wednesday through Friday 9:OOAM to 6:00 PM
The following is a list of all adjacent businesses that acknowledge and consent to the above operating
plan:
Aspen Thrift Store
Altit Salon
Date
Date
Page 1 of 1
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 where the
current business "Peaches" 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 intended 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
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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 PID #. 273707330007
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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.
Jack Reed
Owner: Roots and Shoots
Date
Page 4 of 4 PID #. 273707330007
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Legal Description
Subdivision: CITY AND TOWNSITE OF ASPEN Block: 87 Lot: S
71
W. - -
---- _ ACCE y
121 S Galena Street
Owner: Godiva Holdings LLC
PID#: 273707330007
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THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: August 8, 2011
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0053.201 LASLU — 121 S. Galena Street. The planner
assigned to this case is Jennifer Phelan.
❑ Your Land Use Application is incomplete:
We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
l"' Your Land Use Application is complete:
If there are not missing items listed above, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions.
Thank You,
Qj�
fifer Phe , Deputy Director
City of Aspen, Community Development Department
For Office Use Only:
Mineral Rights Notice Required
Yes No 7''—
GMQS Allotments
Yes No��
Qualifying Applications:
SPA PUD COWOP
Subdivision (creating more than I additional lot)
Residential Affordable Housing
Commercial E.P.F.
•
Jennifer Phelan
From: CJ Oliver
Sent: Tuesday, August 09, 2011 8:40 AM
To: Jennifer Phelan
Subject: RE: food vending question
Hi Jennifer,
With their current line of products they don't need anything additional from us. The dairy foods are done as part of a
cow/dairy share program which we do not regulate. They don't need to be licensed to sell whole raw produce either. I told
them if they are going to switch up their offerings they need to check with us first.
CJ
From: Jennifer Phelan
Sent: Monday, August 08, 2011 10:57 AM
To: CJ Oliver
Subject: food vending question
Hi G: I'm curious as to whether the produce vendor at Peach's need any approval from your department? The vendor is
requesting an extension of their permit. Thanks.
Je er Phe4wi,, AICP
Deputy Director
Community Development Department
City of Aspen
130 S. Galena Street
Aspen, CO 81611
PH: 970.429.2759
FAX: 970.920.5439
www.aspenpitkin.com
• •
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Fib Edit Record Navigate Form Report Format Tab Hbe
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Routry Statics Fees Fee kmary [Man On Attadments Ro N history v_al,ation Archf Enq Custom Fields Rb Permits Parcels
c) - —
3 Pend type L� Aspen Land Use per+ 53.2011.ASLU - _ --
Address 121 S GALENA ST
ov Cty ASPEN iq 81611
x Permit Wormaticn
Master permit Rouhlg gJeue iastu07 Ap* 8f3t2011
Z Prcjed Status pendng ADPro�d
0
q Dewpbon TEMP OUTDOOR FOOD VENDING • ROOTS AND SHOOTS Issued
Submitted ROOTS & SHOOTS 778 6026 Clock Running Days �0 Expires 7f?8I?012
Submitted via
Owner
Last name ODIVA HOLDINGS LLC First came 435 E MAW ST
Phone 970) 948.82 99 ASPEN CO 81611
Address
Applicant
p Owner a applcant? 0 Cabaft u micant?
Last name IGODrVA HOLDINGS LLC First nay 1 435 E MAIN ST
ASPEN CC 81611
Phan (970) 948.8269 Cust f 125202 Address
Lender
Last name First name
Phone O Address
C � 50.0
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030f I I