HomeMy WebLinkAboutcoa.lu.tu.212 S Galena St.0056.2012 Aii
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0056.2012.ASLU
PARCEL ID NUMBERS 2737 07 03 30 007
PROJECTS ADDRESS 212 S. GALENA
PLANNER JIM POMEROY
CASE DESCRIPTION TEMP FOOD VENDING
REPRESENTATIVE NICOLE LEE
DATE OF FINAL ACTION 8.31.12
CLOSED BY ANGELA SCOREY ON: 9.26.12
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY: ✓�Yw'
Aspen, CO
STATE OF COLORADO )
ss.
County of Pitkin )
1, (name, please print)
being or repres nting an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner:
1
1�Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fourteen(14)
days after final approval of a site specific development plan. A copy of the
publication is attached hereto.
Publication of notice: By the publication in the legal notice section of an official
Paper or a paper of general circulation in the City of Aspen no later than fifteen
(15) days after an Interpretation has been rendered. A copy of the publication is
attached hereto.
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this ,g(k day
of �.i�ii , 20L by
WITNESS MY HAND AND OFFICIAL SEAL
AMM My commission expires: II
%:(V��S
Notary Public TARy'�;y
PUBLIC NOTICE •
Of •
Dleb -- P9PROVAL • •
Notice's of. • •
y given to the general public of the • •
approval of a site specific development plan,and • •
the creation of a vested property right pursuant to • •
the Land Use Cade Of the City of Aspen and Title • i
24,Article 68,Colorado Revised Statutes,pertain' : •
ing to the following described property:Plaza in COPY OF THE PUBLICATION `��q•••AV BV�G Pp�
front of Peach's Corner Cafe,commonly known as
rd South Galena St.,Aspen,Colorado,81611,by *too* P
order m the Community Development Director on '
September'Community The Applicant,Nicole Lee, QF CC,'O
received approval of a Temporary Food Vending
cart on the outside plaza.For further information
contact Jennifer Phelan,at the City of Aspen uy Exph�s0l2Qt3
Community Development Dept.130 S.Galena St,
Aspen,Colorado(970)920-5090.
st City of Aspen
Publish in The Aspen Times Weekly on September
20th,2012. [8399648]
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Routing Status Fees I Fee Summary Main Actions Attachments Routing History Valuation (ArchjEng Custom Fields Sub Permits 9 1
aslu Aspen Land Use '0056 2012.ASLU
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Project status pending Approved
Des
crbon APPLICATION FOR TEMPORARY FOOD VENDING CART-ON PRIVATE PROPERTY Issued
AT PEACH'S CORNER CAFE(ON PATIO)
ClosedjFinal
submitted NICOLE LEE 355 9095 Clock Running pays Expires 9l2f2013
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Submitted via
j Owner
Last name GODIVA HOLDINGS LLC First name 435 E MAIN ST
ASPEN CO 81611
Phone (970)948-8269 Address
Applicant
F1 Owner is applicant? Contractor is applicant?
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Last name LEE First name NICOLE 935 EAST DURANT
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#18
Phone (970)355-9095 Cust# 29359 Address ASPEN CO 81611 E
i = Lender
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Last name First name
Phone ( Address
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AspenGold5(server) angelas 1 Oil
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PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: Plaza in front of Peach's Corner Cafe, commonly known as
121 South Galena St., Aspen, Colorado, 81611, by order of the Community Development
Director on September 14, 2012. The Applicant,Nicole Lee, received approval of a
Temporary Food Vending cart on the outside plaza. For further information contact
Jennifer Phelan, at the City of Aspen Community Development Dept. 130 S. Galena St,
Aspen, Colorado (970) 920-5090.
s/ City of Aspen
Publish in The Aspen Times on Thursday, September 20th, 2012
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070,
"Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen
Municipal Code. This Order allows development of a site specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three-year vested property right. The vested property right shall
expire on the day after the third anniversary of the effective date of this Order, unless a building
permit is approved pursuant to Section 26.304.075, or unless an exemption, extension,
reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After
Expiration of vested property rights, this Order shall remain in full force and effect, excluding
any growth management allotments granted pursuant to Section 26.470, but shall be subject to
any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Godiva Holdings LLC, 435 E. Main St, Aspen, CO 81611
Property Owner's Name,.Mailing Address and telephone number
Lots S Block 87 of the City and Townsite of Aspen and commonly known as 121 S. Galena St.
Aspen CO 81611
Legal Description and Street Address of Subject Property
Temporary Outdoor Food Vending Cart
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Administrative approval 9/14/12
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
September 20 2012
Effective Date of Development Order(Same as date of publication of notice of approval.)
February 20 2013
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and
revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.)
Issued this 20th day of Se tember, 2012, by the City of Aspen Community
Development Director.
Chris Bendon, Community Development Director
NOTICE OF APPROVAL
TEMPORARY USE PERMIT TO ALLOW A FOOD VENDING CART TO
OPERATE ON THE PLAZA IN FRONT OF PEACH'S CORNER CAFE,
LOCATED AT 121 S. GALENA ST.
Parcel ID No. 2737-073-30-007
APPLICANT: Nicole Lee
SUBJECT & SITE OF APPROVAL: Peach's Corner Cafe Plaza, at 121 S. galena ST,
involving the approval of Temporary Food Vending for the operation of Doh, a donut&
coffee cart.
SUMMARY:
The Applicant has requested Temporary Food Vending approval for the purpose of
operating her food cart on the plaza in front of Peaches Corner Caf6. The Applicant has
proposed a starting date of September 20th, 2012.
STAFF EVALUATION:
Pursuant to section 26.470.060 (7), Temporary Food Vending, of the City of Aspen Land
Use Code (hereinafter Code), Temporary Food Vending is permitted in the Commercial
Core (CC) and Commercial Lodge (CL) zone districts when specific review criteria are
met. Per the review criteria/operational requirements, the applicant is proposing the
following:
Requirement Proposal
Location CC or CL zone CC
Months of operation 6 months 6 months
Hours of operation 6:30 pm to 2 am
Thurs-Sat
8 am-1 pm & 6 pm-9 pm
Sundays
List of products Various Pastries,
Doughnuts/Doughnut
Sandwiches, various bottled
beverages, Coffee/hot
chocolate/chai
Area of vending site < 50 sq. ft. +/- 40 sq. ft.
The applicant has provided verification from the building owner representative, tenants
within the building, and the owners/managers of adjacent businesses granting permission
Page 1 of 2
to operate. Also, the city's Environmental Health department has approved the proposed
operation. The operation may continue on the date of this decision.
DECISION:
Staff finds that the Temporary Food Vending application provided by the Applicant
should be granted for a six month term beginning on September 20th, 2012. The
location, in the plaza at 121 S. Galena St, is appropriate for the food vending cart
and the proposal meets the design, location, and operation requirements of section
26.470.060 (7) of the land use code.
APPROVED BY:
Chris Bendon Date
Community Development Director
Attachments:
Exhibit A— Temporary Food Vending Standards
Exhibit B — Application
Page 2of 2
Exhibit A: Review Criteria
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: The cart is located within the CC zone district; in a privately owned
plaza adjacent to Peach's Corner Cafe. The owner only operates out of this one
location, is located within a set area of the plaza, does not interfere with ingress or
egress, and has received approval to operate from adjacent businesses.
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.
Staff response: The Applicant notes that the business will be operated for 6 months
starting on September 20th, 2012, Thursdays through Saturdays, from 6:30pm to tam,
and Sundays 8am to 1 pm, and 6pm-9pm. Various Pastries, as well as hot and cold drinks,
will be served.
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 notes that the business will be operated for 6 months
starting on September 20th, 2012.
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.
The applicant has paid the required fee.
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: The Applicant notes that the business will be approximately 40 sq. ft. in
size.
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: There are currently only 2 operating vendors within the city.
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: The Applicant has agreed to meet the signage requirements.
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 review criterion is not applicable.
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: The Applicant has received approval from the Environmental Health
Department.
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.
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.
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: The Applicant has agreed to meet applicable city regulations.
d o s GT 2v! Z •}�� u
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Sara Adams, 970-429-2778 DATE: 06/18/12
PROJECT: Unknown Address— Private Property
APPLICANT: Nicole Lee i ,D S J`
TYPE OF APPLICATION: Temporary Food Vending
DESCRIPTION:
The Applicant is requesting approval for a Temporary Outdoor Food Vending permit in order to operate
a food cart on private property, the exact location and hours to be determined before approval of any
application. The temporary use will run for a total of six months, with dates to be determined by the
applicant prior to completion of this submittal. 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:
hftp://www.aspenpitkin.com/pdfs/depts/41/landuseappform.pd
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, where you can find the Section on
Temporary Outdoor Food Vending:
hftp://www.aspenpitkin.com/depts/38/citycode.cfm
Review by: Community Development Staff for complete application
Public Hearing: Not required for this review.
Planning Fees: $79 for Administrative Community Development Staff Review
Total Deposit: $79
Total Number of Application Copies: 2 Copies, including appropriate drawing for board review
To apply, submit the following information:
FTqtal Deposit for review of application.
c:a/pre-application Conference Summary (this document).
�] 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
ct on behalf of the applicant.
Street address and legal description of the parcel on which the temporary food vending
o eration is proposed to occur,
Ct�iompleted Land Use application and signed fee agreement.
f
CITY OF ASPEN. COMMUNiTy DEVELOPMENT
.
Temporary Food Vending — Application Guidelines:
• Purpose
This document shall serve as a guide for potential temporary food cart operators. This document
should assist in the Land Use Application process, but is not an officially recorded document.
For the full list of rules and regulations, see Section 26.470.060(7) of the City of Aspen's Land
Use Code.
• Application Requirements
The following list of requirements must be satisfied by all food cart applicants:
A complete business plan that describes the hours of operation, desired months of
operation, types of food and beverage being offered, and location.
❑ Letters of approval from the property owner and adjacent businesses. It should be clear
in the approval letters that all parties were aware of ALL aspects of the business plan.
Pl A dimensioned drawing of the food cart or a photo
❑ A dimensioned site plan showing the location of the food cart
❑ A written explanation of how the proposal meets the applicable criteria in the Land Use
Code.
❑ Completed Land Use Application and payment of all necessary fees.
• General Comments and Penalties:
o 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, the Chief of Police, special event
staff, and feedback from adjacent businesses
o The Community Development Director may revoke the permit and cause removal of the
vending operation based on input from the Environmental Health Department or the
Chief of Police in order to protect public safety and welfare.
o 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's 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.
o A substantial change in the business plan (i.e. hours of operation, food and beverage
being sold, location)may be cause for revocation of the permit.
*The following is applicable if your application for a permit for a Temporary Outdoor Food Vending permit_has
been approved. Your permit is conditional upon compliance with all provisions of Section 26.470.060.7 of the
Aspen Municipal Code, Temporary Outdoor Food Vending. Failure to comply with the Aspen Municipal Code may
result in the revocation of this permit by the Aspen Community Development Department. Should this permit be
revoked for failure to comply with the City Municipal Code,you will be given an opportunity to appeal that decision
to a Hearing Officer.
130 (9 70) 920-5090
Nicole Lee
935 East Durant#18
Aspen, CO 81611
970-355-9095
Signat re
Cart will be operated at:
Peach's Corner Caf6 (On Patio)
121 Soauth GaIe a St
Aspen, CO 81611
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement to Pay Application Fees
Anagreement between the City of Aspen ("City') and
Property 15C'_ �� , 1 1�' Phone No.:
Owner("I"): Email:
rn �
Address of
Billing
Property: Address:
(subject of �� _ �„t s (send bills here '
)
application)
understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand
that as the property owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these
flat fees are non-refundable. /r
$�_flat fee for f b" $ flat fee for
$ flat fee for $ flat fee for
For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed
project, it is not possible at this time to know the full extent or total costs involved in processing the application. I
understand that additional costs over and above the deposit may accrue. I understand and agree that it is
impracticable for City staff to complete processing, review, and presentation of sufficient information to enable
legally required findings to be made for project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30
days of presentation of an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment.
I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment
of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs
exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the
processing of my application at the hourly rates hereinafter stated.
$ deposit for hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at$315 per hour.
$ deposit for hours of Engineering Department staff time. Additional time above the deposit
amount will be billed at$265 per hour.
City of Aspen: Property Owner:
Chris Bendon '
Community Development Director Name: - t
6A M
City Use: Title:
Fees Due:$ Received:$
November, 201 1 City of Aspen 1 130 S. Galena St. 1 1
1; , [? 8 27 0!2
ATTACHMENT 2—LAND USE APPLICATION
PROJECT:
Name: cz`'�.
Location: f S . 't'V
Indicate street address, lot& block number, legal description where appropriate)
Parcel ID#(REQUIRED)
APPLICANT:
Name:
l J
Address:
Phone#: S ' C
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.)
PROPOSAL: (description of proposed buildings,uses,modifications,etc.
--? ,(i
Land Use Authorization
of Peach's Corner Cafe authorize Nicole Lee of doh
to operate a food cart on the private property(patio) of Peach's Corner Cafe.
1
7
\ _ gnature;/1 Date
Land Use Authorization- Neighboring Businesses
sZ ofof z � ' �
approve prove Nicole Lee of
I,
doCA operate a food cart on the private property(patio) of Peach's Corner Cafe.
n r Date
Land Use Authorization- Neighboring Businesses
1, of c� � e Nicole Lee of
doh to erate a f6dd cart on the private operty(patio) of Peach's Corner Cafe.
ignatu Dat
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) 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.
*See Attached
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
Starting in September and ending after 6 month permit
2) Hours of operation
Thursday-Saturday 6:30 pm — 2:00 am
Sunday 8 am - 1 pm (during off season), 6 pm — 9 pm
3) Location
Peach's Corner Cafe Patio
4) Comprehensive list of all food and beverage being
served.
Various Pastries
Doughnuts/Doughnut Sandwiches
Various Bottled Beverages
Coffee/Hot Chocolate/Chaff
t
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.
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.
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.
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.
f. Number. The number of Temporary Outdoor Food
'ending 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.
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.
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.
i. Environmental Health. An application to the
Community Development Director for temporary
:outdoor food vending shall only besubrnitted 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 recy-cling
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 ca-r
broiling shall be permitted pursuant to Municipal Code
Section 13.08.100, Restaurant Grills.
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.
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.
I. 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,
inc,luding but not limited to building codes, health
safety codes, fire codes, liquor laws, sign and lighting
codes, and sales tax license regulations.
Environmental Health
Deposit
Date: 08/24/12 THE CITY OF ASPEN
DESCRIPTION Munis ACCOUNT# Number of AMOUNT
Code - licenses Cash Check Line Total
Colo Food Service Licence City 251208 001.25.00000.61075 - 255.00 212.00
Deferred Food License Renewals 111019 001.00.00000.21414 - - -
Colo Food Service Licence State fee 251207 001.00.00000.21415 1 - - 43.00
State Sanitarian Grant 251209 001.25.00000.62235 - - -
Food Service Plan Review Fees 251214 001.25.00000.63355 - 245.00 245.00
Other Misc Revenue 251215 001.25.00000.69005 - - -
Cash
Checks
DEPOSIT TOTAL
RE:doh 2012 license fees
Receipt#:
[ ] City of Aspen Environmental Health Department
130 South Galena Street,Aspen,Colorado 81611 970-920-5039
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RECEIVED
O SEP 13 2012
/ clTY Of ASP S
CpMMUNITV DEVF1
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Land Use Authorization- Neighboring Businesses
1, , of Q , l rove Nicole Lee of
doh to operate a food cart on the private property(patio) of Peach's Corner Cafe.
Signature Da e
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THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0056.2012.ASLU
PARCEL ID NUMBERS 2737 07 03 30 007
PROJECTS ADDRESS 212 S. GALENA
PLANNER JIM POMEROY
CASE DESCRIPTION TEMP FOOD VENDING
REPRESENTATIVE NICOLE LEE
DATE OF FINAL ACTION 8.31.12
CLOSED BY ANGELA SCOREY ON: 9.26.12