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HomeMy WebLinkAboutcoa.lu.tu.400 E Hopkins Ave.0029.2016.ASLU0029.2016.ASLU 400 E HOPKINS AVE FOOD VENDING JC �� ej ��� (� 0 a PATH: G/DRIVE / MASTER FILES/ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS Lj THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0029.2016.ASLU PARCEL ID NUMBERS 2737 073 308 00 PROJECT ADDRESS 400 E HOPKINS AVE PLANNER SARA NADOLNY CASE DESCRIPTION APPLICATION FOR FOOD VENDING AT 400 E HOPKINS REPRESENTATIVE JOHN HENRY HUNTER DATE OF FINAL ACTION 04.18.2016 CLOSED BY KARLA HENRICHON 7.20.2016 • • Permits oo zq - 20 t - 1 - File, Edit Record Navigate Form Reports Format Tab Help ix v 7 Jump 1 vMain Custom Fields Routing Status Fee Summary Actions Routing History G) o Permit type �slu Aspen Land Use permit # 0029 2016.ASLU c a " Address 1400 E HOPKINS AVE Apt/Suite o City JASPFN State CO Zp 61611 6 °x Permit Information o Master permit Routing queue aslul5 Applied O410712016 o' Projed Status pending Approved Z 0 N Description APPLICATION FOR FOOD VENDING AT 400 E HOPKINS Issued Closed/Final Submitted IJOHN HUNTER 687 4676 Cl i Running Days F70 E)(pires 04'0212017 Submitted via Ovmer Last name IHUNTER First name IJOHN 400 E HOPKINS Phone (413)687-4676 Address ASPEN CO 81611 Applicant 0 Owner is applicant? ❑ Contractor is applicant? Last name HUNTER First name IJOHN 400 E HOPKINS ASPEN CO 81611 Phone (413)687-4676 Oust 129800 Address Email Lender Last name First name Phone ( ) Address AspenGold5 (serve( angelas �.o4 g-T 1 of 1 a 9 NOTICE OF APPROVAL For an Outdoor Food/Beverage Vending License Renewal at 400 E. Hopkins Ave., legally described as Lot K, Block 87, City and Townsite of Aspen, State of Colorado. Parcel ID No. 2737-073-30-009 APPLICANT: John Henry Hunter 101 Lone Pine Rd, Apt #28 Aspen, CO 81611 PROPERTY OWNER: Tony Mazza SUBJECT & SITE OF APPROVAL: The applicant has requested approval to renew an outdoor food/beverage vending license at 400 E. Hopkins Avenue, specifically in front of the business Radio Boardshop. SUMMARY: The applicant has requested renewal of an outdoor food/beverage vending approval to operate a shaved ice stand on private property at 400 E. Hopkins. The vending stand counter measures approximately 18 sq. ft., with the entire operation measuring approximately 25 sq. ft. The applicant is requesting to begin operating on June 1st, 2016. An approved request is valid for a period of twelve (12) months with the ability to renew once the timeframe has expired. STAFF EVALUATION: Pursuant to Section 26.470.060(9) of the City of Aspen Land Use Code, an outdoor food/beverage vending license for temporary outdoor food vending on private property within the Commercial Core (CC), Commercial (C-1), Neighborhood Commercial (NC), or Commercial Lode (CL) zone districts may be approved, approved with conditions, or denied by the Community Development Director. In addition to being located within the Commercial Core Zone District, Staff finds that the applicant has met the review criteria for renewal of an outdoor food/beverage vending license (see Exhibit A) based upon the information provided in the application. The applicant has supplied signatures of approval from the property owner of the subject parcel as well as a food list (approved by Environmental Health) and the dimensions for the proposed vending activities. The outdoor vending operation is proposed to be located on the private property at 400 E. Hopkins Ave. If the normal operation of this business in any way impedes the movement of pedestrian or vehicular traffic the applicant will be asked to move the operation so that line queues and normal business do not create interference. The public right-of-way must be maintained to avoid revocation of this license. Page lof 5 DECISION: Staff finds that the request for an outdoor food/beverage vending license renewal provided by the applicant, John Henry Hunter, shall be granted for a period of one year, beginning on June 1, 2016. The application complies with the review standards for Outdoor food/beverage vending license in Section 26.470.060(9) of the Code. APPROVED BY: eU— J ssica Garrow ommuni velopment Director Exhibit A — Review Criteria Exhibit B — Application Aor7 c) lo Dat Page 2of 5 Exhibit A Review Criteria Sec. 26.470.060(9) Outdoor food/beverage vending license 9. 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. 2. Normal operation, including line queues, shall not inhibit the movement of pedestrian or vehicular traffic along the public right-of-way. 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 Response: The proposed operation is located on private property outside of the store Radio Boardshop at 400 E. Hopkins Ave, within the CC zone district. This is a request for an application renewal, and the vending will operate in the same location as it has been for the past 3 summer seasons. This location has historically not interfered with pedestrian or vehicular traffic along the public right-of-way, nor is it expected to interfere at this time. There will remain a minimum of six foot ingress/egress for all building entrances and exits on the site. 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 Response: The counter are of the outdoor vending operation measures approximately 18 sq. ft, with the entire operation below the 50 sq. ft. permitted Stafffinds 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. Page 3of 5 Staff Response: The proposed signage is a black board that is affixed to the exterior of the cart, and is less than 50% of the surface are of the front of the cart. 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 Response: Approval of the food service plan was granted by the Environmental Health Department. The vending operation will have a waste disposal container that will be emptied daily and stored inside the business at 400 E. Hopkins Ave when the business is not in operation. Staff finds this criterion to be met. 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 Response: The applicant has previously met with the building department to discuss the vending operation. There have since been no changes proposed to the operation. 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. 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. 3) The property survey requirement shall be waived if the applicant can demonstrate how the operation will be contained on private property. Staff Response: The applicant has met the requirements to apply for this request. 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 Response: The applicant is requesting a one-year temporary outdoor food/beverage vending license to begin on June 1, 2016. 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, Page 4of 5 and feedback from adjacent businesses. Unresolved complaints may result in denial of a renewal request. Staff Response: The applicant is currently applying for a renewal of an existing license, and has no unresolved complaints from previous years of operation. Staff finds this criterion to be met. i. Business License. The vending operator must obtain a business license. Staff Response: The applicant has obtained a valid business license from the City of Aspen. Staff finds this criterion to be met. Page 5of 5 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970-429-2739 PROJECT: 400 E. Hopkins Ave. APPLICANT: John Henry Hunter TYPE OF APPLICATION: Temporary Food Vending APR 0 6 2016 CITY OF f, DATE: 3.31.2016 DESCRIPTION: The applicant is requesting approval renewal for a Temporary Outdoor Food Vending operation that will permit a shaved ice stand to operate on the private property at 400 E. Hopkins Ave. which is the site of the retail store Radio. Outdoor food/beverage vending licenses are good for a period of one year from the date of approval. The potential applicant expects to begin operation on June 1s` of this year. To obtain administrative approval, the potential 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: hftp://www.aspenpitkin.com/Portais/0/docs/City/Comdev/Apps%20and%2OFees/2013%2Oland%20use %20app%20formpdf The potential applicant will also need to respond to each of the criteria found in section 26.470.060.8, which can be found by following this link to Part 400 of the City of Aspen Land Use Code: http://www.aspenpitkin.com/Portals/0/docs/City/clerk/municode/coaspent26-400.pdf With your land use application submission, you will need to provide a drawing indicating the dimensions of your food cart/stand and any signage, and a list of all products you expect to sell. You will also need to contact the Dept. of Environmental Health (920-5039, second floor of City Hall) to review the proposed products list. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.470.060.8 Temporary Outdoor Food Vending Review by: Community Development Staff for complete application Public Hearing: Not required for this review. Planning Fees: $81 for administrative Staff Review Total Deposit: $81 Total Number of Application Copies: 1 Copy ASLU Temporary Food Vending 400 E. Hopkins Ave PID # 273707330800 9 • To apply, submit the following information: 0 Total Deposit for review of application. 0 Pre -application Conference Summary. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 0 Street address and legal description of the parcel on which development is proposed to occur, 0 Completed Land Use application and signed fee agreement. 0 1 copy of the complete application packet and any associated drawings 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 - § 26.470.060.8 Outdoor food/beverage vending license = A drawing depicting the size of the temporary use (not to exceed fifty (50) square feet). A signed letter from the building owner allowing for the temporary use to occur on their property. = 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. 0 9 Authorized Representative My name is John Henry Hunter. I will be opening a shave ice stand in front of Radio Board Shop called The Snowy Pineapple at 400 E. Hopkins Ave. Aspen Colorado, 81611. All mail will be sent to John Henry Hunter at PO Box 9901 Aspen CO, 81612. My telephone number is 413-687-4676. I am the representative and will be acting on my own behalf. Print name: 44 'jy'�I`y- Date: �i3 Signature: Date: S I • Street Address and Legal Description of Parcel 400 E. Hopkins Ave. Aspen CO, 81611 Legal Description- Lot K, Block 87 Parcel ID Number- 273707330009 AOj -0 I Ilk' 494W - Snowy Pineapple we sell shave ice with flavorirg t 0 0 Summary of intent John Henry Hunter 101 Lone Pine Road Apt. # 28 Aspen Co, 81611 413-687-4676 johnhenryhunter@gmail.com The Snowy Pineapple 400 East Hopkins Ave. Aspen CO, 81611 26.470.060.8 Temporary outdoor vending development for shave ice stand at 400 East Hopkins Ave. a. The shave ice stand at 400 East Hopkins will operate from June 1, 2016 until October 1, 2016. b. Operation hours for the shave ice stand will be 10:OOAM to 7:00 PM seven days a week. c. The counter area of the shave ice stand is (18) square feet. d. The shave ice stand at 400 East Hopkins Ave. is in association with Radio Board Shop Aspen and has the approval from the owner of the property, and the adjacent renters. e. The shave ice stand has obtained approval from the Environmental Health Department as of 06-08-09 C.J. The shave ice stand will have a waste disposal container that is emptied daily and stored inside 400 East Hopkins Ave. at night and when the stand is not in operation. f. The shave ice stand at 400 East Hopkins Ave. is a temporary vending application. g. The shave ice stand at 400 East Hopkins Ave. shall abide by all public health and safety codes, fire codes, sign/ lighting codes and sales tax license regulations. H. Foods being offered at The Snowy Pineapple a. Shave Ice b. Canned soda c. Iced Coffee • 9 .N 0 a Q In 2 z ,� Q) U ] C Q O 01 mQ_ 0 O � 0 0 0 h U O z Z U n Signage The sign being used is the chalkboard on the front of the cart (see picture). The chalkboard is less than 20 sq. ft. 0 C1 Owner Approval I (print name) allow The Snow Pineapple shave ice stand to temporarily use the space Y PP ( ) P Y P outside of Radio Board Shop at 400 E. Hopkins Ave Aspen CO, 81611 from June 1st 2016 until October 1st, 2016. Signature Date: L DR 0010 (01118112) • STATE OF COLORADO is DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT LICENSE TO OPERATE A RETAII I-nnn Is=QTAMI 142URACKI-r 3292 $115.00 ACCOUNT NUMBER use for all references LIABILITY INFORMATION _,_-_n_,,T ISSUE DATE LICENSE VALID TO DECEMBER 31 city must type tabdgyJate month I Jay I year 30502867-0000 PIT Aspen Food service 1/1/2014 1/1/2016 2016 THIS LICENSE MUST BE POSTED AT THE FOLLOWING LOCATION: 400 E HOPKINS AVE, ASPEN CO 81611 JOHN HENRY HUNTER DBA: SNOWY PINEAPPLE PO BOX 9901 ASPEN CO 81611 This rertilips that licensep. shown hprpc)n is authorized and licensed to engage in business in accordance with the provisions of the law and regulations of the Colorado Department of Public Health and Environment. Any alterations made on this license will automatically make it null and void. POST IN A License Issued City of Aspen Environmental Health and Sustainability Department CONSPICUOUS 130 S Galena Street, Aspen CO 81611 970-920-5039 PLACE Detach Here • • E3j Ti4p Crry nr ASPRN Land Use Application Determination of Completeness Date: April 11, 2016 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 400 E Hopkins —Temp. Food Vending and have reviewed it for completeness. 4 Your Land Use Application is complete: 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, tx--fl lwt" er PhetaA, Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No C GMQS Allotments Yes No Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging I Agreement to Pay Application Fees N �Zcj. 201b • SLJ" r' •' , o An aareement between the Citv of AsDen ("City") and T` �' Property Phone No.: I'� �� — b'% b 'r i Z Owner ("I"): � Gvqn t Y Email: Address of ct�0 E' P k N S Billing n T C boy. l q o Property: Address: k (subject of r I I I (send bills here) application) Q , 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. $ 0 flat fee for Select Dept $ 0 flat fee for Select Dept 0 Select Dept 0 $ flat fee for $ flat fee for Select Review 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 $325 per hour. $ 0 deposit for 0 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Zc� t ca 4 ! Community Development Director • City Use: Fees Due: $ � Received: $� Property Owner: Name: �)��n► 2v.�T} U"Y r Title: OW In t Y_ I Ft4YI v 0 ATTACHMENT 2 —LAND USE APPLICATION PROJECT: KIT* APR 0 6 2016 () F ;-, ­'0' : a Name: 4 \ 1 Location: Indicate street address, of & block number, legal descri tion where appropriate) Parcel ID # (REQUIRED) kPPLICANT: Name: Address: PC 4 I Phone #: - REPRESENTATIVE: Name: Address: $ Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ GMQS Allotment ❑ Special Review ❑ ESA - 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Commercial Design Review ❑ Residential Design Variance ❑ Conditional Use ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Lot Split ❑ Lot Line Adjustment EXISTING CONDITIONS: (description of existinu buildings, uses, previous approvals, etc.) 'ROPOSAu (description of proposed buildings, uses, modifications, etc.) ❑ Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion ❑ Other: Have you attached the following? FEES DUE: $ ❑ Pre -Application Conference Summary ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text • (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model.