Loading...
HomeMy WebLinkAboutcoa.lu.tu.400 E Hopkins Ave.0052.2017.ASLU0052.2017.ASLU FOOD VENDING r • Date: June 12, 2017 C� THE CrrY OF ASPEN Land Use Application Determination of Completeness Dear City of Aspen Land Use Review Applicant, We have received your land use application for 400 E. Hopkins Ave., temporary Food Vending request reviewed it for completeness. Your Land Use Application is incomplete: Please submit the following missing submission items. 1. Completed land use application and agreement to pay form. A land use application was not submitted. 2. Additional materials, documentation or reports as deemed necessary by the Community Development Director. The application for outdoor food vending requires a copy of the lease or approval letter from the property owner (Isis Building LLC). 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. Th ou, nnifer P , Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No X 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 PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSEPASE DOCS C7j THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0052. 2017.ASLU PROJECT ADDRESS 400 E HOPKINS PARCELID 273707330009 PLANNER REILLY THIMONS CASE DESCRIPTION TEMPORARY FOOD VENDING REPRESENTATIVE JOHN HENRY HUNTER DATE OF FINAL ACTION 06.27.17 CLOSED BY ANGIE SCOREY 1.18.18 Permits Z- — c ` — 40 © 9 File Edit Reccrd Na,igate Fcrm Reperts Format Tab Help 6WS2 2on-hsLa VX + - I I Jump 1 -A 0 Main Custom Fields Routing Status Fee Summarl Actions Routing listory j v Permit type �LSFen Lars Use P GCE2.2C17_+ SLU 5) Address ACC E HOPKINS Apt;Suite 0 City .SPEN State 1Zip`1:11 0 x ' PermitInformation c o' z Master permit Routing queue a= 1 Project Status I_enrirg Desi-7iption APPLIC.ATION FOR FOOC VENCINO - FLA— FEE P24RCEL # 2727 07 330 C9 Submitted JOHN HENR-' Clods Running Days Submitted via O,,vner Applied C Ed1 £, "C 1 r' Approved Issued Closed.Vinal Expires 6 Lastname First name JOHN -,CC E HOPKINS ASPEN CO 81£11 Phone r-1" =E7- Address Applicant QQ Owner is applicant? ❑ Contractor is applicant? Last name HLIt ER First name J.,Hti FCC E HOPKINS ASPEN CO SIE11 Phone i-12H 7 Cust T 2SEC0 Address Email Lender Last name I First name Phone ( ) - Address F ( $9I ca ck #t i3-7 �S- q • • NOTICE OF APPROVAL OUTDOOR FOOD/BEVERAGE VENDING LICENSE TO ALLOW A FOOD VENDING OPERATION ON THE PROPERTY LOCATED AT 400 E. HYMAN AVE, LOT K, BLOCK 87, CITY AND TOWNSITE OF ASPEN Parcel ID No. 273707330009 APPLICANT: John Henry Hunter 101 Lone Pine Road SUBJECT & Private outdoor space located at 400 E. Hyman Ave., SITE OF APPROVAL involving the approval of Outdoor Temporary Food Vending. The business is operating as The Snowy Pineapple. SUMMARY: The Applicant has requested an outdoor food/beverage vending license for the purpose of operating a shave ice stand on the private outdoor space at 400 E. Hyman Ave., in the area in front of the retailer Radio. The temporary approval will permit operations for a period of one year from the date of the approval. STAFF EVALUATION: Pursuant to section 26.470.060 (9), 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 (C1), 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, C1, NC or CL zone district CC Duration 12 months 3.5 months Hours of operation Must provide description of 10 am — 8 pm days/hours of operation 7 days a week List of products Must provide list of products for Shave ice with assorted canned and sale bottled beverages Area of vending site 50 square feet 36 square feet Lesser of 50% of surface area of Meets 50% requirement and is less Signage cart front or 6 square feet than 6 square feet One sandwich board permitted The applicant has provided verification from the building owner to operate at this location. Also the Applicant has received approval from the City's Environmental Health Department for the proposed • • operation, possesses a valid City of Aspen Business License, and has presented a valid food vending license from the State of Colorado Dept. of Public Health and Environment for 2017. DECISION: Staff finds that the proposal for an outdoor food/beverage license meets the design, location, and operation requirements of Section 26.470.060 (9) of the Land Use Code and grants APPROVAL for a one year term beginning on June 25, 2017. This is approval is subject to the following condition: The approval is solely for one temporary food vending operation on the premises at any given time. APPROVED BY: 6Jennifer P e Deputy P ng Director Attachments: Exhibit A — Review Criteria (in file) Exhibit B — Application (in file) Date: Exhibit A Review Criteria H. 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: 1) Location. All outdoor food/beverage vending must be on private property and may be located in the Commercial Core (CC), Commercial (C 1), 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: a. 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. The stand will be on private property in a stationary position for the longevity of the license. Staff finds this criterion met. b. Normal operation, including line queues, shall not inhibit the movement of pedestrian or vehicular traffic along the public right-of-way. The proposed location of the shaved ice stand will not inhibit the movement of pedestrian or vehicular traffic in its proposed location. Stafffinds this criterion met. c. 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. The stand meets the egress requirement, providing more than the minimum required Stafffinds this criteriaon fnet. 2) 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. The stand will require a 3x6 workspace and a 3x6 counter area totaling 36 square feet of vending activities. Stafffinds this criterion met. 3) 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 City of Aspen Land Use Code Part 400 — GMQS Page 23 or affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts towards this calculation. Food carts may have a sandwich board sign in accordance with the regulations found within Chapter 26.510. The proposed signage for the operation is less than 50% of the surface area requirement as illustrated in the images provided by the applicant. Stafffinds this criterion met. 4) 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. Exhibit A Review Criteria The applicant has obtained a license to Operate a Retail Food Establishment from the Environmental Health Department. Stafffinds this criterion met. 5) 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. The applicant has represented that the stand will comply with building and frre codes. Staff finds this criterion met. 6) Application Contents. An application for a food/beverage vending license shall include the standard information required in 26.304.030.13, plus the following: a. Copy of a lease or approval letter from the property owner. b. 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. c. The property survey requirement shall be waived if the applicant can demonstrate how the operation will be contained on private property. The applicant has provided all the information requested in the application including a letter of approval from the property owner, description of operations, the types of food to be offered, and picture of the vending cart, and the proposed signage. Stafffinds this criterion met. 7) 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. The applicant proposed to operate from June 15, 2017 until October 1', 2017. Stafffinds this criterion met. 8) 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. Stafffinds this criterion not applicable. 9) Business License. The vending operator must obtain a business license. The applicant has obtained a business license from Finance No.12779. Stafffinds this criterion met. 10) 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. 11) 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. • 11 Exhibit A Review Criteria 12) 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. 13) 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. 14) 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. CITY OF ASPEN PLANNER: PROJECT: APPLICANT: TYPE OF APPLICATION: • RECEIVED JUN 0 8 2017 PRE -APPLICATION CONFERENCE SUMMARY Ben Anderson, 970-429-2765 400 E. Hopkins Ave. John Henry Hunter Temporary Food Vending CITY OF ASPEN COWNTY DEVELWANT DATE: 6/5/17 DESCRIPTION: The potential applicant is requesting approval for the renewal of a Temporary Outdoor Food Vending operation that will permit a shaved ice stand (The Snowy Pineapple) to operate on the private property at 400 E. Hopkins Ave, commonly known as Radio. Outdoor food/beverage vending license approvals are good for a period of one year. The potential applicant expects to begin operation around June 1, 2017. To obtain administrative approval, the potential applicant will need to comply with the criteria established in Section 26.470.090.H, Outdoor food/beverage vending license. Below is a link to the Land Use Application form for your convenience: http�llwww aspenpitkin com/Portals/O/docs/City/Comdev/Apps%20and%20Fees/2Ol3%20land%20use %20app%20form.pdf The potential applicant will also need to respond to each of the criteria found in section 26.470.090.H, (the criteria are the same from years past, but the code section numbering has changed) which can be found by following this link to Part 400 of the City of Aspen Land Use Code: http://www.aspenpitkin.com/Portals/O/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. Additionally, the applicant will need to ensure that information on the existing business license is current. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.470.090.H 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 • 9 RECEIVED JUN 08 2017 To apply, submit the following information: CITY OF ASPEN 0 Total Deposit for review of application. COMMMY NVELOPMEN , 0 Pre -application Conference Summary. 0 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, 0 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 0 A drawing depicting the size of the temporary use (not to exceed fifty (50) square feet). O A signed letter from the building owner allowing for the temporary use to occur on their property. 0 Proof of approval from the Environmental Health Department for a food service plan. = 2 copies of the complete application packet and maps. 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. 2 OECEIVED JUN 15 2017 ATTACHMENT 2 - LAND USE APPLICATION �� ► ��J�, �(�� PROJECT: Name: _&Mf6SK1'3tn1`I �►W Pp�ru Location: I 3 (�) 75 (} �� Parcel ID # (REQUIRED) APPLICANT: Name: Address: P1 //� IT0��1 N 2 UJ t_ C C' Njlhn b1,67G Phone #: y ' - 7 G REPRESENTIVATIVE: Name: J �AtvytA kr p Address: "t)( jy)Ar �, • ��kA C_d Phone#: GMQS Exemption (] GMQS Allotment Special Review 0 ESA - 8040 Greenline, Stream 0 Margin, Hallam Lake Bluff, (] Mountain View Plane Commercial Design Review Residential Design Variance Conditional Use Conceptual PUD (Temporary Use Final PUD (& PUD Amendment) Subdivision n Conceptual SPA Subdivision Exemption (includes Condominiumization) Final SPA (&SPA (] Lot Split Amendment) Lot Line Adjustment Small Lodge Conversion/ EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Expansion Other: Have you attached the following? FEES DUE: $ CJ Pre -Application Conference Summary 0 Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form 0 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. March, 2017 City of Apen j 130 S. Galena St. ;(970) 920 5090 10 RECEIVE[) RETAIN FOR PERMANENT RECORD JUN 15 2017 I NT Agreement to Pay Application Fees An agreement between the City of Aspen ("City') and I--- 11_� - 1 — — Property Phone No.: 7 - Owner ("I"): 1 V L 'Y k�4,r Email: `_ vi ' �4 W, 1 "nM Ade perty:rty: 436 � Rc)p�\INS AVM Address: f��/� IAO?f INS Vt V4 U E (Subject of ��)p (G (send bills here) application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and 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. $. tJ ' 0 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 T consideration, unless invoices are paid in full. r 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. rn I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -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 and 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 $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Property Owner: Jessica Garrow, AICP Community Development Director Name: City Use: f(11 Title: Fees Due: $_Received $V • ItECEIVED Owner Approval JUN 15 2017 CITY OF ASPEN COMM .WY DEVELOMENT I (print name) allow The Snowy Pineapple (shave ice stand) to temporarily use the space outside of Radio Board Shop #tA667. Hopkins Ave Aspen CO, 81611 from June 12th 2016 until Octo , 2017. Sienature: Date: 6 I F - 17 • 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. I `' `' ` / 7 Print name: -10 1`�ey Y. FtU .� Date: b b Signature: Date: (& RECEIVED JUN 0 8 2017 CITY OF ASPEN C01R"ifTY DEVELOf*NT • Street Address and Legal Description of Parcel 400 E. Hopkins Ave. Aspen CO, 81611 Legal Description- Lot K, Block 87 Parcel ID Number- 273707330009 RECEIVED JUN 0 8 2017 CITY OF ASPEN OOM'M NTY DEVELOPMENT • 0 Summary of intent John Henry Hunter 101 Lone Pine Road Apt. # 28 RECEIVED Aspen Co, 81611 413-687-4676 JUN 0 8 2017 johnhenryhunter@gmail.com CITY OF ASPEN The Snowy Pineapple CW n, DEVELO NT 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 15, 2017 until October 1, 2017. b. Operation hours for the shave ice stand will be 10:OOAM to 8:00 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. Bottled water • 0 Ln 0 0 co 0 � 5 o RECEIVED o ?� c JUN082017 o m CITY OF ASPEN o COMMLhVTY DE'VELOPMEN v W O Q �N ti L co zo • Signage The sign being used is the chalkboard on the front of the cart (see picture). The chalkboard is less than 20 sq. ft. RECEIVED JUN 0 8 2017 CITY OF ASPEN CO LINTY DEVELOPMENT ■1 rig I&I Snowy Pineapple we sell shave ice with flavoring 1 Owner Approval I (print name) allow The Snowy Pineapple (shave ice stand) to temporarily use the space outside of Radio Board Shop at 400 E. Hopkins Ave Aspen CO, 81611 from June 12th 2016 until October 1st, 2017. Date: 6. 6.1 RECEIVED JUN 0 8 2017 CITY OF ASPEN COMMUNR DEVELOPMENT 9 0 COLORADO License to Operate a Retail Food Establishment Department of Public Health b Environment License must be posted at the following location, in a conspicuous place: This certifies that licensee shown hereon is authorized and licensed to engage in business in 400 E Hopkins Ave accordance with the provisions of the laws and Aspen, CO 81611 regulations of the Colorado Department of Public Health @ Environment. Any alterations to this license will automatically make it null and void. Snowy Pineapple PO BOX 9901 ASPEN, CO 81612 Issued By: Aspen Environmental Health Department Sales Tax ID: License fee: $235.00 Issue date: 1/24/17 License Valid until: 12/31 / 17