Loading...
HomeMy WebLinkAboutcoa.lu.tu.305 S Mill St.0037.2009-.~ _. .-„ THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0037.2009.ASLU 2737 18 2 17 003 305 S MILL STREET JENNIFER PHELAN TEMP FOOD VENDING MARCUS WADE, D19 LLC 06/11 /09 CLOSED BY Angela Scorey on 06/26/2009 ~Yfe. NOTICE OF APPROVAL e. ~ For An Administrative Application for Temporary Outdoor Food Vending Parcel ID No. 2737-182-178-02 APPLICANT: Marcus Wade, D19 LLC SUBJECT & SITE OF The Applicant is requesting to provide Temporary Outdoor Food APPLICATION: Vending in the form of a hot dog cart on the property commonly known as 305 S. Mill and specifically known as Aspen Commercial (Condominium), Common Area SUMMARY: The Applicant has requested to use a portion of the Public Amenity space on the site to temporazily vend hot dogs and beverages from June 15`h through October 15`h of 2009. The moveable stand is approximately twenty-three inches in width and by fifry-two inches in length. The food vending is in association with the operation of D19, a restaurant that is adjacent to and part of the site that contains the Public Amenity Space. STAFF EVALUATION: Section 26.470.060 7., Temporary Outdoor Food Vending, has a number of review standards that aze required to be met in order to vend temporarily such as length of operation and size of the vending area. The applicant meets these standards as outlined in Exhibit B. DECISION: The Community Development Director Ends the Administrative Application for Temporary Outdoor Food Vending as noted above and on Exhibit `A' to be consistent with the review criteria (Exhibit B) and thereby, APPROVES the request CONDITIONED upon a permanent hand sink being added by July 1, 2009, with the provision of an interim hand washing set-up and provision of an accessible approach. AP VED Y: C ~s Bendon J ~ ~~ ~~ Date BY: ne or llen£ D19, LLC Attachments: Exhibit A -Proposed vending cart dimensions Exhibit B -Review Standards Exhibit C -Application ate Page I of 1 Received: ~ Jun 13 2005... rla® JUN-13-2005 12:~ FROM:RND ~ 5449144 T0:130332%577 , P.4 4 ~Y y d ~~~~~ 9 ~~~~ ~ ~e i ~0 ¢~~~ Y ~ 0 ~~+~ IA Y' ~ ~~#~ -~ 1~ ~~ ~ ~SI' , n ~8~aaay^^z@ s ;.NB., ~~5~. ..~ ~ar~a~~~ ~5~s S'°~ ~r~alBBo~pgpp8~g~ ~~°~~dwaM adsr~~e S 0 ~~ e fl~ 9 ~~~£~s~~ ~- = a in R ~~ ..,, .~-. ., Exhibit B Review Criteria and Staff Findings Section 26.470.060 7., Temporary Outdoor Food Vending. A temporary use of outdoor food vending by a restaurant or retailer on private property, private open space or public property that is subject to a mall lease for food vending or outdoor restaurant seating in the Commercial Core (CC) Zone District shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: a. The temporary operation shall be permitted for a specified period not to exceed six (6) months in duration or as otherwise limited by a mall lease. As outlined in the pre-application summary and confirmed by the applicant, the proposed hot dog stand will be operated from June 1 S, 2009 through October /5, 2009. Staff finds this criterion met. b. 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. The area of the stand is just over eight (S) square feet. Even with the additional space needed by an employee to operate the stand, the vending activity will be well under the permitted fifty (50) square feet. Staff finds this criterion met. c. Temporary outdoor food vending may only occur by or in association with restaurant or retail uses and with the approval of the restaurant or retail establishment's owner in which the outdoor food vending is associated and located adjacent to. The food vending is in association with the operation of DI9, a restaurant that is adjacent to and part of the site that contains the Public Amenity Space. Staff finds this criterion met. d. 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 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 Section 13.08.100, Restaurant grills, of this Code. A letter was included from the Environments Health Department approving the hot dog stand conditioned on a permanent hand sink being added by July 1, 2009, with the provision of an interim hand washing set-up. Stafffrnds this criterion met. e. 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. No affordable housing mitigation fees are levied with this application. Stafffittds this criterion met. f. The outdoor food vending activities may occur year-round. An application for and 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, C.R.S., or Chapter 26.308 of this Title. Approvals granted in this Subparagraph are subject to revocation by the City Manager or Community Development Director without requiring prior notice. .~.. w, The applicant is operating the hot dog stand for approximately four months in the summer and fall. Staff finds this criterion met. g. An application for temporary outdoor food vending activities shall not diminish the general public health, safety or welfare and shall abide by all 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. It is andclpated that the applicant shall meet city regulations. Stafffands this criterion met. h. Each vendor wishing to operate outdoor food vending activities shall apply for and be approved for a permit (no fee required) to do so prior to commencing operations. Applicable environmental health plan review fees shall apply. (Ord. No. 14, 2007, § 1) The applicant submitted an application for approval to commence operations. A letter was included from the Environments Health Departmen! approving the hot dog stand conditioned on a permanent hand sink being added by July 1, 2009 with the provision of an interim hand washing set-up. Staff finds this criterion met. _ ~~~$lTU ~' ~ ~EGEIVED ATTACHMENT 2 -LAND USE APPLICATION )~!h ~ '~~ 2009 t KVJlA, ~ ~n Name: o~ ~ G iZT C?~+~iUPdh~ lE"t'~+"~!F1_ki`i Location: 305 South Mill Street (Indicate street address, lot & block number, le al descri tion where a ro riate) Parcel ID # REQUIRED `L~ 3 - _ - Oc'~ APO~rreNT• Name: ~ /~ LLG oPca~7~ p,cJ Address: .S S~fiL~ ` / / Phone #: "? 25- - of 9 RFPRFRFNTATIVR: Name: .tn,Q~.c s ti`.~/ Address: ,S ~CIiGC .St C~ ~ ~/ Phone #: ZGS - 5'zS - ~ © S' TvrE OF APPLICATION: (please check all that apply): x 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 ^ Temporary Use ^ Text/Map Amendment ^ Conceptual SPA ^ Final SPA (& SPA Amendment) ^ Small Lodge Conversion/ Expansion ^ Other: EXISTING CoNmTloxs: (descri lion of existin buildin s, uses, revious a royals, etc.) /9~t'ST~'/,~'4-cJ> ~ R.4`Z l~~lCmZ~ C.fI+~GG PROeoSnL• (description of proposed buildings uses modifications etc.) IfIJ l ~oG ~~lZ 7 Have you attached the following? FEES DUE: $~ ^ Fre-Application Conference Summary J/p '°G ^ 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 Iazge 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. June 10, 2009 Mazcus Wade D19 LLC Popcorn Wagon To Whom It May Concern, We are writing this letter to the City of Aspen to confirm that the Hot Dog Cart intended to serve the public and serve merely hot dogs and Coca Cola on the corner of the Popcorn Wagon patio during the summer season here in Aspen is strictly affiliated with our company and no other. If you'd like any other info feel free to contact us, Dena Marino, Chef/Partner and Mazcus Wade, Operations Manager of D19 LLC, Popcorn Wagon at 970-948-6046 or 970-948-6333. :_-- ~' ~ "~ ~~ 7 P ._„ .~ , ~ ~ ~ , ~ gad ((~ Z ~ ~~. ~C,~ j ~a a o ! ~i a~~~t ,~ a ~~i ~ ~~f ~ s~ r ~ a .sr ~~ ~a~q~~5~~ s et ..a. ~aa e~~~~ ~... ~ os_~~~Sf 1 b~b'd LLS%2££0£I:Ol bbL6bbS ' ^tlsa:no 5ooa e~ ~~r aNd:WOiJd 22:25 5002-£I-Nflf pan~soaa ~~ June 10, 2009 Marcus Wnde D19 LLC. Dear Mr. Wade: THE CITY OF ASPEN ENVIRONMENTAL HEALTH This letter is to serve as approval by the Environmental Health Department for the installation of the hot dog cart in front of D19 Restaurant located at 305 South Mill Street. The specifications delivered to our office were determined to meet Environmental Health's requirements. Per our conversation on 6/9/2009, a permanent hand sink will be added by July i, 2009 and a temporary hand washing set up will be used until the installation is complete. Please contact me with any questions or concerns. Sincerely, CJ Oliver Senior Environmental Health Specialist 970-920-5008 N Y W a m z z 0 /1~~ W U Z W a Q ~L O `1 z V ,~, y ._ d ~ F s ]iz ~~ 3~Fm" _ y~ ~ ~ a ~ w ~S~u~1ay~ ~ ¢~ ,~r~Q s ~ ~u dQ~Q tlJQ 9 1 ~OO~n ~0. ~ Q~ d ~ y, ~d 4 EEEE997777gg C p y Q ~°~S'~~~ u ~ ~ 99m~s4 ~ ~~ky w~ a ~,I Ioi~q L~9 ~ 3~' ~ 3c z i~, ~~il d A '~: S F w r u ~d ~ :,~u ~ o ,rz ~ , r sW ~ ~ ~ ~ -spa ^_~~ ~ ~r ~'°~~~~ ~`' y i~ i ~ 4~i ~ d~~ ~ sJ QF~„fir ~ i LL ~ ~i1'm~ds5;;~_ ~ ~ aojµyp~ ~ fw xd ~ ~ w, ~~ e z s?yF9g~u J ~ 8 ~~~°~~s < ?~5 ~ ~ 1`~ C ~ ~ o 'Z 0 mjF ipr f w zd Q tl~~~~Y m_~~`~ ~ u'?nW 'U ~i-~ 3 4'~= z ]~4G ''~ ra4 3 JyGrd yr d ._~ O Wa~B~~ A~~~ ~J<4d ~f 9~r]i o ~ l~ `1_ ~d~ ~ xap zp $<z ,d ~ ~~ o ~ m9d~l. Sz ~~ 9j Z R O F J C W d F] 2 o S i J) y~~ F LL n d d u 5~ L ] I r. d '~ ~ rL d ISn 9 n >0 r7 O~u xo Q_~ 1 u> o ~~df I!]v ~ u SFg~ g~~ 9o<~~F~ ~a~~~a 'a~u"3dl ~"i ~>~i ~!!Q yY~ N &~ u d3~ WF~ a J' ni > 6 r~ 3 Ty~ ~d 4 4 ~ I ~~ ry? asas$ ~> ~~F ~°rna Urdm~~ ~'z °z5 ~ I~~ ~~Oy~Z~ a~FiuFt uw]y~:F4NJ a~r~lz. i Itid _a~id. OQ ,nod .-i2i ==r ~m`a Stu _.Q~ ~ ~,,, to^- a dt 1 '? ~, 13-~z15 TiW ~- __ __ { _ ~r - --.. x .. II I ~I, c „ ~ o I 8 i ~ ~~_ ~ `t {' a > ~ ~ ~ ~ ~r F_ ~~ ~, «~ ' , ~ l 8 4 N~ ~.$ dil ,. ,. ~~°~ ~~il _~ ~;; s~ `• Vi'``a r ~3i K 4 u ~.., -.. `. ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: CC (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: Number of residential units: Number of bedrooms: Existing.• Proposed: Existing: Proposed: Existing: Proposed.• Proposed % of demolition (Historic properties only): 0 DIMENSIONS: 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: Side Setback: Existing.' Combined Sides: Existing: Distance Between Existing Buildings Required: Proposed.' Required.' Proposed: Required: Proposed: Required: Proposed.' Existing non-conformities or encroachments: Variations requested: ,,,,, °°. ~._, . . RECEIVED CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ~~~ 1 0 2009 CITY OF ASPtP~ A¢reement for Payment of City of Aspen Development Application Fees ,;OMMUNIT`f DEUELOPMEN" CITY OF ASPEN (hereinafter CITY) and ~i9 GLC' /'~ai~CO~2-~ G.~~i'4~~ (hereinafter APPLICANT) AGREE AS FOi!LOWS 1. APPLICANT has submitted to CITY an application for Administrative GMOS approval for temporary hotdoe steamer at 305 S. Mill Street (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. ~ ~- ~ 1 n /J Q_ 5. Therefore _ _ T agrees that in consideration of-the C-ITLY~f s/Lwaiver of its right to collect full fees prior a determination f application completeness, APPLICANT shall pay an initial deposit in the amount of 735 which is f 3 hours of Community Development staff time, and if actual recorded costs exce the initi tt, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT Chris Bendon Community Development Director Date: Billing Address and Telephone Number: ,> CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Drew Alexander, 970~i29-2739 DATE: 06/09/09 PROJECT: 305 S. MiN St.; D19 Popcorn Wagon Site APPLICANT: Marcus Wade TYPE OF APPLICATION: Temporary Food Vending DESCRIPTION: The Applicant is requesting approval for a Temporary Outdoor Food Vending permit in order to operate a hot dag stand (approx. 2' x 5') at 305 S. Mill St. This location is the current site of the Popcorn Wagon ad~acent to the restaurant D19. The temporary use is intended to run from June 15"', 2009 until October 15 h, 2009. The Applicant will need to comply with the criteria established in Section 26.470.060(7), Temporary Outdoor Food Vending. Below is a link to the Land Use application Form for your convenience. http //www aspenpitkin com/pdfs/depts/41/landuseappform pdf Land Use Code Sectionlsl RECEIVED 26.304 Common Development Review Procedures 26.470.060(7) Temporary Outdoor Food Vending ,Il<IN 1. U ZOOS Follow link below to view the City of Aspen Land Use Code , t%IT1" ®F ASPEN htto://vvww.aspenpitkin.com/depts/38/citycode.cfm ,OMMUNITy OEU~ELOPpIIENT Review by: Community Development Staff for complete application Public Hearing: Not required for this review. Planning Fees: $50 for Administrative Community Development Staff Review Total Deposit: $60 Total Number of Application Copies: 2 Copies, including appropriate drawing for board review (HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2) To apply, submit the following information: p Total Deposit for review of application. p Pre-application Conference Summary. D Applicant's name, address and telephone number, contained within a tatter 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. p 2 copies of the complete application packet and maps. p A written description of the proposal and a written explanation of how a~proo § ~~ 70 060(7) ent complies with the review standards relevant to the development app ' Temporary Outdoor Food Vending. p A drawing depicting the size of the temporary use (not to exceed fifty (50) square fleet). p A signed letter from the owner of the business that the temporary use will be operating by or in association with. p Proof of approval ftom the Environmental Health Department for a food service plan. pisclaimee The foregoing summary is advisory in nature only and is not binding on the Ciry. The summary is that may or maytnot be accurates The, summary d es not create a legator vestedairigh r.~ntations 6 U3? • 2~!~ L(it 2 ~ 3 ~ - l 8'- 2 - 1 ? - a o 3- ---- -- --- - -~: _ ~,~ap}µ~ g~ _ ~: Eile jadtt @eCOr'd ~~ Fgm Reports ForDlat Iab tielP Q y ~4 y ~ ~ YJ i~ ~+ t~ J v ~ ~ '~ ~ ~ ~ ~ Q~ Main yakietion ~ Custom Fields ~ 9~s ~ Feef ~ Parcejs ~ Fee Summary Sub Cermits ~ Attadtitienls ~ Ro{Lttp ~~ ~ Routrq 4 / Permit Type aslu - Aspen Land Use Permit # 0037.2009.ASLU '. Address 305 5 MILL ST J Ap[fSUte '~. City ASPEN State CO Zip 81611 __ , __ - -_ -Permk InFormabon - . _ _. -- Master Permit ~_ ~ Rout'eq Queue aslu07 Applied 06JIOJ2009 J Project J Status pending Approved ~-J Desviption APPLICATION FOR HOT DOG CART Issued ~-J Final ~-J Sutunitted MARCUS WADE Clods unning Days ~ Expres 06JOSJ2010 J -Owner -.:. __ __ _._. __-. _.. Last Name D19 LLC J First Name ~- 307 S ML ASPEN CO 61611 Phone ~- I ~ ~ . r Owner Is APdicant? --_. Last Name D19 LLC J Frst Name ~- 307 S ML I ASPEN CO 81611 Phone ~- Cust # 26587 J _. _ _.. ;. -Lender Last Name ~- J First Name ~- -_ i Phone -- --AspenGold(6) -r -..- Record 1 at 1 I2.Q,c ~ ~~