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Home My WebLink Aboutcoa.lu.tu.400 E Hopkins Ave.0053.20130053.2013 . ASLU 400 E HOPKINS TEMP USE FOOD VENDING col��ej S«y,4 I'D 2 S,3 T U E3 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0053.2013.ASLU PARCEL ID NUMBERS TEMP USE (BLOCK 87 LOT K ,ISIS BUILDING) PROJECTS ADDRESS 400 E. HOPKINS, ASPEN,CO 81611 PLANNER JUSTIN BARKER CASE DESCRIPTION FOOD VENDING REPRESENTATIVE LINDA CHAPDELAINE DATE OF FINAL ACTION CLOSED BY ANGELA SCOREY ON: 9/26/13 6 L.A coo r 3 AS/ -(A fi� Ecl Reed Mk ;vm > bra Tab i F Stu FiE fx !LMIIJI Wr Am i w bk hin ,AM k*El C& F* 31 'M fm� Lk & ti o Co 4F , �pl blow mb-g Dew z D pm FR',WCPEWFOR',J&DAPD1hE RTf RAK M Sftm t. ',i�,7 RownW. WE M cc. 8111 ;FO aapof-Calleddos p&. ,ANN Fd LI: F-I Arm FrInn -Fe e- 34 30 RECEPTION#: 602667, 08/21/2013 at 11:03:25 AM, 1 OF 3, R $21.00 Do Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL OUTDOOR FOOD/BEVERAGE VENDING LICENSE TO ALLOW A FOOD VENDING CART TO OPERATE ON THE PROPERTY LOCATED AT 112 S. MILL STREET, LOT K, BLOCK 87, CITY AND TOWNSITE OF ASPEN Parcel ID No. 2737-073-30-009 APPLICANTS: Linda Chapdelaine, Aspen Pops, 202 Stallion Circle P.O. Box 5134, Snowmass Village, CO 81615 SUBJECT & SITE OF APPROVAL: Public amenity space located at 112 S. Mill Street, involving the approval of an outdoor food/beverage vending license for Aspen Pops, a food vending cart. SUMMARY: The Applicants have requested an outdoor food/beverage vending license for the purpose of operating a popsicle vending cart on the private outdoor space at 112 S. Mill Street, in front of Radio Boardshop. The Applicants understand this temporary approval will permit operations for a period of one year from the date of this approval. STAFF EVALUATION: Pursuant to section 26.470.060 (8), Outdoor food/beverage vending license, of the City of Aspen Land Use Code, Outdoor food/beverage vending is permitted in the Commercial Core (CC), Commercial (Cl), Neighborhood Commercial (NC) 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, Cl, NC or CL zone district CC Duration 1 year 4 months Hours of operation 11 am — 6 pm Mon - Sun A rotating selection of List of products handcrafted, artisan popsicles with real fruit and natural ingredients Area of vending site < 50 ft2 —17 ft2 Lesser of 50% of surface area [Signage of cart front or 6 square feet Sandwich board < 6 ft` One sandwich board permitted Page lof 2 The applicant is only proposing a sandwich board sign at this time, but intends to include a new sign on the front of the cart that is in compliance with the Code. The applicant has provided verification from the building owner to operate at this location. Also, the City's Environmental Health Department has approved the proposed operation. The operation may begin on the date of this decision. DECISION: Staff finds that the proposal for an outdoor food/beverage license meets the design, location, and operation requirements of section 26.470.060 (8) of the Land Use Code and grants APPROVAL for a one year term beginning on August 9, 2013, with the following conditions: 1. Any sign the applicant places on the cart will be in compliance with Section 26.470.060.8.0 of the Land Use Code. 2. The applicant shall obtain a valid business license from the City of Aspen prior to operation. APPROVED BY: 1 _ "Chriseon Community Development Director ACCEPTED BY: V4,T Vendor/Appli nt � S e T Date till t� Date Attachments: Exhibit A — Location of operation (recorded) Exhibit B — Outdoor food/beverage vending license review criteria (not recorded) Exhibit C — Application (not recorded) Page 2of 2 P � • all natural handcrafted artisan pops PO Box 5134 1 202 Stallion Circle Snowmass Village, CO 81615 phone: 970/274-8042 1 fax:970/923-0121 0 EXHIBIT A 26.470.060 (8) Outdoor food/beverage vending license. Outdoor food/beverage vending shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: a. Location. All outdoor food/beverage vending must be on private property and may be located in the Commercial Core (CC), Commercial (Cl), Neighborhood Commercial (NC), or Commercial Lodge (CL) zone districts. Outdoor Food Vending may occur on public property that is subject to an approved mall lease. Additional location criteria: 1) The operation 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. Staff Finding: The food vending cart will be located at 112 S. Mill Street in the Commercial Core (CC) zone district and will not change locations on the property. Staff finds this criterion to be met. 2) Normal operation, including line queues, shall not inhibit the movement of pedestrian or vehicular traffic along the public right-of-way. Staff Finding: The area of the operation is very small and shall not inhibit the movement of traffic along the public right-of-way. Staff finds this criterion to be met. 3) The operation shall 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. Staff Finding: The operation shall not interfere with required emergency egress and does not pose a threat to public health, safety and welfare. The operation provides a minimum of six (6) foot ingress/egress for the entrance to Radio. Staff finds this criterion to be met. b. Size. The area of outdoor food/beverage vending activities shall not exceed fifty (50) square feet per operation. The area of activity 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 Finding: The area of the cart is 2'7" x 38", just less than 10 square feet. The applicant has indicated an area of approximately 2' for employee space needed, or a little more than 7 square feet. The total of approximately 17 square feet is less than the maximum of SO square feet. Staff finds this criterion to be met. c. Signage. Signage for outdoor food/beverage 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 Finding: At this time, the applicant is only proposing a sandwich board sign, but intends to include a sign on the front of the cart soon. The applicant understands that any signs must comply with the regulations set forth in the Land Use Code. Staff finds this criterion to be met. d. Environmental Health Approval. Approval of a food service plan from the Environmental Health Department is required. 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 Finding: Environmental Health has reviewed and approved this application. Staff finds this criterion to be met. e. Building and Fire Code Compliance. All outdoor food/beverage vending operations must comply with adopted building and fire codes. Applicants are encouraged to meet with the City's Building Department to discuss the vending cart/stand. Staff Finding: The applicant has indicated that they will meet with the Building Department to discuss the vending cart once approved for a Temporary Food Vending License. Staff finds this criterion to be met. f. Application Contents. An application for a food/beverage vending license shall include the standard information required in 26.304.030.B, plus the following: 1) Copy of a lease or approval letter from the property owner. Staff Finding: A letter from the property owner has been provided approving a cart to be located on the property. Staff finds this criterion to be met. 2) A description of the operation including days/hours of operation, types of food and beverage to be offered, a picture or drawing of the vending cart/stand, and proposed signage. Staff Finding: The applicant has provided the following description of the operation: • Operation times: o June, July, August, September o Monday — Sunday, 11 am — 6 pm • Types of food: o Handcrafted, artisan pops made with real fruit and natural ingredients. Flavors will continuously change throughout the summer. The applicant has provided an image of the vending cart with proposed signage. Staff finds this criterion to be met. 3) The property survey requirement shall be waived if the applicant can demonstrate how the operation will be contained on private property. Staff Finding: The applicant has indicated that the operation will be contained on private property, and a survey is not necessary. Staff finds this criterion to be met. g. License Duration. Outdoor food/beverage vending licenses shall be valid for a one (1) year period beginning on the same the date that the Notice of Approval is signed by the Community Development Director. This one (1) year period may not be separated into non-consecutive periods. Staff Finding: The applicant intends to operate the temporary food cart for a period of four (4) months from June -September. The applicant understands that a license is valid for a one (1) year period. The temporary food vending license shall be valid beginning August 9, 2013 through August 8, 2014. Staff finds this criterion to be n:et. h. License Renewal. Outdoor food/beverage vending licenses may be renewed. Upon renewal the Community Development Director shall consider the returning vendor's past performance. 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. Unresolved complaints may result in denial of a renewal request. Staff Finding. The applicant understands that at the end of the one (1) year period, the license may be renewed, with consideration from past performance and input from various sources. Staff finds this criterion to be met. i. Business License. The vending operator must obtain a business license. Staff Finding: The applicant has indicated that a business license will be obtained once approved for a Temporary Food Vending License. Staff finds this criterion to be met. j. Affordable Housing and Impact Fees Waived. The Community Development Director shall waive affordable housing mitigation fees and impact fees associated with outdoor food/beverage vending activities. Staff Finding: Staff has waived all affordable housing mitigation fees associated with new net leasable square footage created by this application. Staff finds this criterion to be met. k. Maintenance and public safety. Outdoor food/beverage 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 Finding: Staff does not believe this application will diminish the general public health, safety or welfare. The applicant has indicated intent to comply with all applicable City Codes. Staff finds this criterion to be met. 1. Abandonment. The City of Aspen may remove an abandoned food/beverage 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 Finding: The applicant understands they will be responsible for the maintenance of their operation, and any abandonment costs will be the burden of the property owner. Staff finds this criterion to be met. m. Temporary Cessation. 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/beverage cart will create a public safety issue or create an excessive burden on the event activities. Staff Finding: The applicant understands that a temporary cancelation of operations may be necessary to accommodate special events, holidays, or similar large public gatherings. Staff finds this criterion to be met. License Revocation. The Community Development Director may deny renewal or revoke the license and cause removal of the food/beverage vending operation if the vendor fails to operate consistent with these criteria. An outdoor food/beverage vending license 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. Licenses granted in this subsection are subject to revocation by the City Manager or Community Development Director without requiring prior notice. Staff Finding: The applicant understands that failure to operate consistent with the above listed criteria may cause revocation of the license or a denial of renewal. Staff finds this criterion to be met. I RECEIVED AUG 12013 CITY OF ASPEN ATTACHMENT 2 -LAND USE APPLICATION COMMUNITY DEVELOPMENT PROJECT: Name: Location: j Indicate street address, lot & block number, legal -descrition where a o riate Parcel ID # (REOUIRED) V770 i1 / Ili _'L I m'l- U i 'i A I I A A I A \PPLICANT: ► I ` W26 ItWIN No 0 REPRESENTATIVE: Mat apply): ❑ GMQS Exemption ❑ Conceptual PUD 0 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 LXISSTI�NNG�UONDIT1ONS: (description of existing buildings uses previous approvals, etc.) ROPOSAL: (description of proposed buildings, uses, modifications, etc. i yr aye you attached the following. FEEIS DuA S M 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 3-13 model. Project: Applicant: Location: Zone District: Lot Size: Lot Area: 0 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 Number of residential units: Existing Number of bedrooms: Existing Proposed % of demolition (Historic properties only): DIMENSIONS: Proposed: Proposed: Proposed: 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 F/R: 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: 3 , 3 I T RECEIVED AUG 1 2013 CITYOF nspFN CITY OF OMM NIT1' DEVELOPMENT PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jim Pomeroy, 970-429-2745 DATE: 02/28/12 PROJECT: 400 E. Hopkins Ave. APPLICANT: Linda Chapdelaine TYPE OF APPLICATION: Temporary Food Vending DESCRIPTION: The Applicant is requesting approval for a Temporary Outdoor Food Vending permit in order to operate an ice cream popsicle stand at 400 E. Hopkins Ave., commonly known as Radio. The Applicant will need to comply with the criteria established in Section 26.470.060.8, Outdoor Food/ Beverage Vending License. Below is a link to the Land Use application Form for your convenience. http://www aspeni)itkin com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/ 2011 %201and%20use%20app%20form.pdf Land Use Code Section 26.304 Common Development Review Procedures 26.470.060(7) Temporary Outdoor Food Vending Follow link below to view part 400 of the City of Aspen Land Use Code. httg://www.aspengitkin.com/Portals/O/docs/City/clerk/municode/coaspent26-400 pdf Review by: Community Development Staff for complete application Public Hearing: Not required for this review. Planning Fees: $81 for Administrative Community Development Staff Review Total Deposit: $81 Total Number of Application Copies: 2 Cogies, including appropriate drawing for staff review To apply, submit the following information: Total Deposit for review of application. 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 act on behalf of the applicant. Street address and legal description of the parcel on which development is proposed to occur. Completed Land Use application and signed fee agreement. 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 § 26.470.060.8 Outdoor Food/Beverage Vending License. Copy of a lease or approval letter from the property owner. A description of the operation including days/hours of operation, types of food and beverage to be offered, a picture or drawing of the vending cart/stand, and proposed signage. A site plan depicting the location and size (not to exceed fifty 50 square feet) of the temporary use. 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. RECEIVED AUG 1 2013 CITY OF ASPEN COMMUNITY DEVELOPMENT PO Box 5134 1202 Stallion Circle Snowmass Village, CO 81615 phone:970/274-8042 fax:970/923-0121 August 1, 2013 City of Aspen REQUEST FOR TEMPORARY OUTDOOR FOOD VENDING IN FRONT OF RADIO BOARDSHOP 400 E Hopkins Ave Aspen, Colo. 81611 APPLICANT INFORMATION Aspen Pops Linda Chapdelaine PO Box 5134 202 Stallion Circle Snowmass Village, Colo. 81615 phone: 970/274-8042 I, Linda Chapdelaine, am the authorized representative to act on behalf of Aspen Pops and authorize the above address and phone number are accurate. Sincerely, Linda Chapdelaine PO Box 5134 1 202 Stallion Circle Snowmass Village, CO 81615 phone:970/274-8042 I fax:970/923-0121 STREET ADDRESS AND LEGAL DESCRIPTION 400 East Hopkins Aspen, Colo. 81611 Block 87 Lot K, Isis Building • M & W PROPERTIES Surn. 20 602 RAST Cxwrm AvF:tii-F. ASPEN. COLORAW)81611 July 28, 2013 City of Aspen Community Development 130 South Galena Street Aspen, CO 81611 Re: Isis Building — 400 East Hopkins Gentlemen: ARK-, CODE 9710 TFa.errtrwr, 92b W)32 F,vc 925-6995 Isis Building, as owner of the above -referenced building, gives Travis McLain, the owner, of Radio Boardshop Aspen, permission to put an ice cart in the common area walkway in connection with Space # 1. Thank you. Very truly yours, d. K ber L. Ry For the Isis Building kr PO Box 5134 1 202 Stallion Circle Snowmass Village, CO 81615 phone:970/274-8042 fax:970/923-0121 DESCRIPTION OF OPERATION Our handcrafted, artisan pops are made in Snowmass Village, Colo. using only real fruit and natural ingredients. We make our pops in small batches which allows us to continuously change our fruit -based flavors throughout the summer. Customer favorites like Fudge, Orange Cream & Key Lime pops round out our summer menu. We have a small cold plate freezer that we store the pops in and it will be stored off site every night. FLAVORS INCLUDE Fudge Orange Cream Key Lime Aspen Brewery Rootbeer Float Palisade Peach Mixed Berries + Cream Strawberries + Buttermilk Grapefruit Strawberry Lemonade Mango Lemonade Blueberry Lemonade Peach Lemonade DAYS / HOURS OF OPERATION June, July, August, September Monday - Sunday, 11 am - 6 pm PO Box 5134 1 202 Stallion Circle Snowmass Village, CO 81615 phone:970/274-8042 1 fax:970/923-0121 CITY OF ASPEN LAND USE CODE LOCATION CRITERIA • Aspen Pops shall remain and operate only at 400 East Hopkins, Aspen, Colo. 81611 for the duration of our vending license. • Due to the nature of our product it is easily handled and distributed to our customers. Our booth is compact and does not require a large amount of square footage. Therefore, normal operation and line queues shall not inhibit the movement of pedestrian or vehicular traffic along the public right-of-way. • Our operation will not interfere with required emergency egress or pose a threat to public health, safety and welfare. SIZE The pop cart is 2' 7" wide x 3' 8" long x 3' 4" tall - approximately 10 square feet. The area of activity required by an employee is approximately 2' along the back side of the cart. SIGNAGE The pop cart has a sign affixed on the front of the cart that measures 3' 2" wide x 2' 2.5" tall. We have a chalk board listing our flavors that is 2' wide x 3' 10" tall (no logo) and it gets shorter as it is angled out. Umbrella is for shade only. BUILDING AND FIRE CODE COMPLIANCE Will meet with the City's Building Department to discuss vending cart/stand when approved for Temporary Outdoor Food Vending. PO Box 5134 202 Stallion Circle Snowmass Village, CO 81615 phone:970/274-8042 fax:970/923-0121 ENVIRONMENTAL HEALTH DEPARTMENT I spoke with Rachel Burmeister, environmental health specialist for the City of Aspen, and turned in our forms for our food service plan. Rachel has approved us for outdoor food vending at 400 E. Hopkins, Aspen, Colo. 81611. BUSINESS LICENSE I will purchase a business license through the City of Aspen when we are approved for our Temporary Outdoor Food Vending permit. • PLO boo- i� r� PO Box 5134 1 202 Stallion Circle Snowmass Village, CO 81615 phone:970/274-8042 1 fax: 970/923-0121 RADIO BOARDSHOP CREPERIE DU VILLAGE (OPEN TO SEATING AREA BELOW) WALK WAY P C )Pe natural handcrafted artisan ice pops KEy LIME F U DctE OFM'V-E Cf,[AM NS%N W10 UOTbEQ STRA`q Lit T AT WbE =1 I'V"NhILV- FBE MIN6,0 LE ORKI LENAI)L,- fj(mkUE W3 �',� .r . � , i. `��'��' �.�;�� r � i . (e '�,YSz� �4 "'t / psi ..°.•;i'.a�F. �.�}ri�'!~' t INDEPENDENCE PASS LM f L J 11 Agreement to Pay Application Fees Hn agreement Detween ine Uty OT Aspen ..i.;i ano Property II AA i,� ,� ,� n ,� Phone No.:a- Owner ("I„)'G�� 11W1 W Email: Address of l O� Billing V O Property: �l V T j`� t1vl Address: �1(/ 1` ✓ t t (subject of Iv (send bills here) wv t Q I G i5 application) tv l•V t I 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. $ flat fee for $ 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 City Use: Title: Fees Due: $ Received: $ I saw AUu CITY u{- ,>. arm,► M1X1 r:_