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HomeMy WebLinkAboutcoa.lu.tu.212 S Galena St.0056.2012 Aii THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0056.2012.ASLU PARCEL ID NUMBERS 2737 07 03 30 007 PROJECTS ADDRESS 212 S. GALENA PLANNER JIM POMEROY CASE DESCRIPTION TEMP FOOD VENDING REPRESENTATIVE NICOLE LEE DATE OF FINAL ACTION 8.31.12 CLOSED BY ANGELA SCOREY ON: 9.26.12 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: ✓�Yw' Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) 1, (name, please print) being or repres nting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: 1 1�Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen(14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit of Notice" was acknowledged before me this ,g(k day of �.i�ii , 20L by WITNESS MY HAND AND OFFICIAL SEAL AMM My commission expires: II %:(V��S Notary Public TARy'�;y PUBLIC NOTICE • Of • Dleb -- P9PROVAL • • Notice's of. • • y given to the general public of the • • approval of a site specific development plan,and • • the creation of a vested property right pursuant to • • the Land Use Cade Of the City of Aspen and Title • i 24,Article 68,Colorado Revised Statutes,pertain' : • ing to the following described property:Plaza in COPY OF THE PUBLICATION `��q•••AV BV�G Pp� front of Peach's Corner Cafe,commonly known as rd South Galena St.,Aspen,Colorado,81611,by *too* P order m the Community Development Director on ' September'Community The Applicant,Nicole Lee, QF CC,'O received approval of a Temporary Food Vending cart on the outside plaza.For further information contact Jennifer Phelan,at the City of Aspen uy Exph�s0l2Qt3 Community Development Dept.130 S.Galena St, Aspen,Colorado(970)920-5090. st City of Aspen Publish in The Aspen Times Weekly on September 20th,2012. [8399648] 2 737 - a ? 03 . 30 . ooh oo�62O12 . AS C^ u File Edit Record Navigate Form Reports Format Tab Help ump1 $ I } ' ;r 1 (9 Lt ............ Routing Status Fees I Fee Summary Main Actions Attachments Routing History Valuation (ArchjEng Custom Fields Sub Permits 9 1 aslu Aspen Land Use '0056 2012.ASLU r 121 S GALENA ST ,Ad v ASPEN CO 81611 ..... .N............ ... ,.. y .. Pat Ihformat rr Master f ' permit Rg aslu07 Applied 91T12012 Project status pending Approved Des crbon APPLICATION FOR TEMPORARY FOOD VENDING CART-ON PRIVATE PROPERTY Issued AT PEACH'S CORNER CAFE(ON PATIO) ClosedjFinal submitted NICOLE LEE 355 9095 Clock Running pays Expires 9l2f2013 i Submitted via j Owner Last name GODIVA HOLDINGS LLC First name 435 E MAIN ST ASPEN CO 81611 Phone (970)948-8269 Address Applicant F1 Owner is applicant? Contractor is applicant? f Last name LEE First name NICOLE 935 EAST DURANT E I' l #18 Phone (970)355-9095 Cust# 29359 Address ASPEN CO 81611 E i = Lender 3 y Last name First name Phone ( Address t AspenGold5(server) angelas 1 Oil V 323 -� PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Plaza in front of Peach's Corner Cafe, commonly known as 121 South Galena St., Aspen, Colorado, 81611, by order of the Community Development Director on September 14, 2012. The Applicant,Nicole Lee, received approval of a Temporary Food Vending cart on the outside plaza. For further information contact Jennifer Phelan, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/ City of Aspen Publish in The Aspen Times on Thursday, September 20th, 2012 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Godiva Holdings LLC, 435 E. Main St, Aspen, CO 81611 Property Owner's Name,.Mailing Address and telephone number Lots S Block 87 of the City and Townsite of Aspen and commonly known as 121 S. Galena St. Aspen CO 81611 Legal Description and Street Address of Subject Property Temporary Outdoor Food Vending Cart Written Description of the Site Specific Plan and/or Attachment Describing Plan Administrative approval 9/14/12 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) September 20 2012 Effective Date of Development Order(Same as date of publication of notice of approval.) February 20 2013 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 20th day of Se tember, 2012, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director NOTICE OF APPROVAL TEMPORARY USE PERMIT TO ALLOW A FOOD VENDING CART TO OPERATE ON THE PLAZA IN FRONT OF PEACH'S CORNER CAFE, LOCATED AT 121 S. GALENA ST. Parcel ID No. 2737-073-30-007 APPLICANT: Nicole Lee SUBJECT & SITE OF APPROVAL: Peach's Corner Cafe Plaza, at 121 S. galena ST, involving the approval of Temporary Food Vending for the operation of Doh, a donut& coffee cart. SUMMARY: The Applicant has requested Temporary Food Vending approval for the purpose of operating her food cart on the plaza in front of Peaches Corner Caf6. The Applicant has proposed a starting date of September 20th, 2012. STAFF EVALUATION: Pursuant to section 26.470.060 (7), Temporary Food Vending, of the City of Aspen Land Use Code (hereinafter Code), Temporary Food Vending is permitted in the Commercial Core (CC) and Commercial Lodge (CL) zone districts when specific review criteria are met. Per the review criteria/operational requirements, the applicant is proposing the following: Requirement Proposal Location CC or CL zone CC Months of operation 6 months 6 months Hours of operation 6:30 pm to 2 am Thurs-Sat 8 am-1 pm & 6 pm-9 pm Sundays List of products Various Pastries, Doughnuts/Doughnut Sandwiches, various bottled beverages, Coffee/hot chocolate/chai Area of vending site < 50 sq. ft. +/- 40 sq. ft. The applicant has provided verification from the building owner representative, tenants within the building, and the owners/managers of adjacent businesses granting permission Page 1 of 2 to operate. Also, the city's Environmental Health department has approved the proposed operation. The operation may continue on the date of this decision. DECISION: Staff finds that the Temporary Food Vending application provided by the Applicant should be granted for a six month term beginning on September 20th, 2012. The location, in the plaza at 121 S. Galena St, is appropriate for the food vending cart and the proposal meets the design, location, and operation requirements of section 26.470.060 (7) of the land use code. APPROVED BY: Chris Bendon Date Community Development Director Attachments: Exhibit A— Temporary Food Vending Standards Exhibit B — Application Page 2of 2 Exhibit A: Review Criteria 26.470.060(7) GMQS, Temporary Outdoor Food Vending Temporary Food Vending on private property or public property that is subject to a mall lease for food vending or outdoor restaurant seating in the Commercial Core (CC) or Commercial Lodge (CL) Zone Districts shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: a. Location. All outdoor food vending shall be located in the Commercial Core (CC) zone district. Temporary food vending may operate in interior arcades of buildings within the Commercial Core and Commercial Lodge zone districts only if the approval of the property owner and of all businesses that have access in the arcade has been granted. The temporary operation shall under no circumstance be located in the public right-of-way. The normal operation of the food cart, including line queues, shall not inhibit the movement of pedestrian or vehicular traffic along the public right-of-way. Other criteria that all applications must be in compliance with: 1) Multiple vending sites shall not be allowed for any single owner or entity. 2) The food cart shall be in a consistent location as is practically reasonable and not intended to move on a daily basis throughout the duration of the permit. 3) The food vending cart shall be placed in a location that does not interfere with required emergency egress or pose a threat to public health, safety and welfare. A minimum of six (6) foot ingress/egress shall be maintained for building entrances and exits. 4) Before a food vending cart can begin operating, it must receive approval from the property owner and all adjacent businesses. Staff response: The cart is located within the CC zone district; in a privately owned plaza adjacent to Peach's Corner Cafe. The owner only operates out of this one location, is located within a set area of the plaza, does not interfere with ingress or egress, and has received approval to operate from adjacent businesses. b. Operation Plan. The Applicant shall create an operation plan to include in all letters that seek approval from the property owner or adjacent businesses. The operation plan shall contain the following information, at a minimum: 1) Months of intended operation 2) Hours of operation 3) Location 4) Comprehensive list of all food and beverage being served. If any element of the operation plan is altered after a Temporary Outdoor Food Vending permit has been issued, the Community Development Director has the ability to revoke the issued permit. Staff response: The Applicant notes that the business will be operated for 6 months starting on September 20th, 2012, Thursdays through Saturdays, from 6:30pm to tam, and Sundays 8am to 1 pm, and 6pm-9pm. Various Pastries, as well as hot and cold drinks, will be served. c. Duration. The temporary food vending operation shall be permitted to operate for a period of six (6) months. The six (6) month period shall begin on the same the date that the Notice of Approval is signed by the Community Development Director. This six (6) month period may not be separated into non-consecutive periods. Once the six (6) month timeframe has expired, the operation shall be subject to an additional review and permit process. The Community Development Director shall consider a returning vendor's past performance in considering a permit renewal. This shall include, but shall not be limited to, input from the Environmental Health Department, Chief of Police, special event staff, and feedback from adjacent businesses. The Community Development Director may require a temporary cancelation of operations to accommodate special events, holidays, or similar large public gatherings. Such action will be taken if it is determined that the food cart will create a public safety issue or create an excessive burden on the event activities. The Community Development Director may revoke the permit and cause removal of the vending operation if the vendor fails to accommodate such a request. Staff response: The Applicant notes that the business will be operated for 6 months starting on September 20th, 2012. d. Fee. The permit fee for a food vending cart shall be the current fee listed in Land Use Code Section 26.104.070, Land use application fees. The applicant has paid the required fee. e. Size. The area of outdoor food vending activities does not exceed fifty (50) square feet. The area of outdoor food vending activities shall be defined as a counter area, equipment needed for the food vending activities (e.g. cooler with drinks, snow cone machine, popcorn machine, etc.), and the space needed by employees to work the food vending activity. Staff response: The Applicant notes that the business will be approximately 40 sq. ft. in size. f. Number. The number of Temporary Outdoor Food Vending carts allowed within the City of Aspen at any given time shall be limited to four (4). This number shall be based upon valid Land Use Applications approved by the Community Development Director. Food vending locations within interior arcades are exempt from this limitation. Staff response: There are currently only 2 operating vendors within the city. g. Signage. Signage for temporary food vending carts shall be exempt from those requirements found within Land Use Code Section 26.510, Signs, but not excluding Prohibited Signs. The total amount of signage shall be the lesser of fifty percent (50%) of the surface area of the front of the cart, or six (6) square feet. Sign(s) shall be painted on or affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts towards this calculation. Food carts may have a sandwich board sign in accordance with the regulations found within Chapter 26.510. Staff response: The Applicant has agreed to meet the signage requirements. h. Abandonment. The City of Aspen may remove an abandoned food vending operation, or components thereof, in order protect public health, safety, and welfare. Costs of such remediation shall be the sole burden of the property owner. Staff response: The review criterion is not applicable. i. Environmental Health. An application to the Community Development Director for temporary outdoor food vending shall only be submitted and approved subsequent to submitting and obtaining approval of a food service plan from the Environmental Health Department. The area of outdoor food vending activities shall include recycling bins and a waste disposal container that shall be emptied daily and stored inside at night and when the outdoor food vending activities are not in operation. Additionally, no outdoor, open- flame char-broiling shall be permitted pursuant to Municipal Code Section 13.08.100, Restaurant Grills. Staff response: The Applicant has received approval from the Environmental Health Department. j. Affordable Housing Waiver. The Community Development Director shall waive affordable housing mitigation fees associated with the temporary new net leasable square footage being created by outdoor food vending activities. k. Year-round Operation. The outdoor food vending activities may occur year-round. An application for an approval of temporary outdoor vending activities shall not constitute nor be interpreted by any property owner, developer, vendor, or court as a site specific development plan entitled to vesting under Article 68 of Title 24 of the Colorado Revised Statutes or Chapter 26.308 of this Title. Approvals granted in this subsection are subject to revocation by the City Manager or Community Development Director without requiring prior notice. 1. Maintenance and public safety. An application for temporary outdoor food vending activities shall not diminish the general public health, safety or welfare and shall abide by applicable City regulations, including but not limited to building codes, health safety codes, fire codes, liquor laws, sign and lighting codes, and sales tax license regulations. Staff response: The Applicant has agreed to meet applicable city regulations. d o s GT 2v! Z •}�� u CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams, 970-429-2778 DATE: 06/18/12 PROJECT: Unknown Address— Private Property APPLICANT: Nicole Lee i ,D S J` TYPE OF APPLICATION: Temporary Food Vending DESCRIPTION: The Applicant is requesting approval for a Temporary Outdoor Food Vending permit in order to operate a food cart on private property, the exact location and hours to be determined before approval of any application. The temporary use will run for a total of six months, with dates to be determined by the applicant prior to completion of this submittal. The Applicant will need to comply with the criteria established in Section 26.470.060(7), Temporary Outdoor Food Vending. Below is a link to the Land Use application Form for your convenience: hftp://www.aspenpitkin.com/pdfs/depts/41/landuseappform.pd Land Use Code Section(s) 26.304 Common Development Review Procedures 26.470.060(7) Temporary Outdoor Food Vending Follow link below to view the City of Aspen Land Use Code, where you can find the Section on Temporary Outdoor Food Vending: hftp://www.aspenpitkin.com/depts/38/citycode.cfm Review by: Community Development Staff for complete application Public Hearing: Not required for this review. Planning Fees: $79 for Administrative Community Development Staff Review Total Deposit: $79 Total Number of Application Copies: 2 Copies, including appropriate drawing for board review To apply, submit the following information: FTqtal Deposit for review of application. c:a/pre-application Conference Summary (this document). �] Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to ct on behalf of the applicant. Street address and legal description of the parcel on which the temporary food vending o eration is proposed to occur, Ct�iompleted Land Use application and signed fee agreement. f CITY OF ASPEN. COMMUNiTy DEVELOPMENT . Temporary Food Vending — Application Guidelines: • Purpose This document shall serve as a guide for potential temporary food cart operators. This document should assist in the Land Use Application process, but is not an officially recorded document. For the full list of rules and regulations, see Section 26.470.060(7) of the City of Aspen's Land Use Code. • Application Requirements The following list of requirements must be satisfied by all food cart applicants: A complete business plan that describes the hours of operation, desired months of operation, types of food and beverage being offered, and location. ❑ Letters of approval from the property owner and adjacent businesses. It should be clear in the approval letters that all parties were aware of ALL aspects of the business plan. Pl A dimensioned drawing of the food cart or a photo ❑ A dimensioned site plan showing the location of the food cart ❑ A written explanation of how the proposal meets the applicable criteria in the Land Use Code. ❑ Completed Land Use Application and payment of all necessary fees. • General Comments and Penalties: o The Community Development Director shall consider a returning vendor's past performance in considering a permit renewal. This shall include but shall not be limited to input from the Environmental Health Department, the Chief of Police, special event staff, and feedback from adjacent businesses o The Community Development Director may revoke the permit and cause removal of the vending operation based on input from the Environmental Health Department or the Chief of Police in order to protect public safety and welfare. o The Community Development Director may require a temporary cancelation of operations to accommodate special events, holidays, or similar large public gatherings. Such action will be taken if it is determined that the food cart will create a public safety issue or create an excessive burden on the event's activities. The Community Development Director may revoke the permit and cause removal of the vending operation if the vendor fails to accommodate such a request. o A substantial change in the business plan (i.e. hours of operation, food and beverage being sold, location)may be cause for revocation of the permit. *The following is applicable if your application for a permit for a Temporary Outdoor Food Vending permit_has been approved. Your permit is conditional upon compliance with all provisions of Section 26.470.060.7 of the Aspen Municipal Code, Temporary Outdoor Food Vending. Failure to comply with the Aspen Municipal Code may result in the revocation of this permit by the Aspen Community Development Department. Should this permit be revoked for failure to comply with the City Municipal Code,you will be given an opportunity to appeal that decision to a Hearing Officer. 130 (9 70) 920-5090 Nicole Lee 935 East Durant#18 Aspen, CO 81611 970-355-9095 Signat re Cart will be operated at: Peach's Corner Caf6 (On Patio) 121 Soauth GaIe a St Aspen, CO 81611 COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees Anagreement between the City of Aspen ("City') and Property 15C'_ �� , 1 1�' Phone No.: Owner("I"): Email: rn � Address of Billing Property: Address: (subject of �� _ �„t s (send bills here ' ) application) understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. /r $�_flat fee for f b" $ flat fee for $ flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$315 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at$265 per hour. City of Aspen: Property Owner: Chris Bendon ' Community Development Director Name: - t 6A M City Use: Title: Fees Due:$ Received:$ November, 201 1 City of Aspen 1 130 S. Galena St. 1 1 1; , [? 8 27 0!2 ATTACHMENT 2—LAND USE APPLICATION PROJECT: Name: cz`'�. Location: f S . 't'V Indicate street address, lot& block number, legal description where appropriate) Parcel ID#(REQUIRED) APPLICANT: Name: l J Address: Phone#: S ' C REPRESENTATIVE: Name: Address: Phone#: TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA—8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ " Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses,previous approvals,etc.) PROPOSAL: (description of proposed buildings,uses,modifications,etc. --? ,(i Land Use Authorization of Peach's Corner Cafe authorize Nicole Lee of doh to operate a food cart on the private property(patio) of Peach's Corner Cafe. 1 7 \ _ gnature;/1 Date Land Use Authorization- Neighboring Businesses sZ ofof z � ' � approve prove Nicole Lee of I, doCA operate a food cart on the private property(patio) of Peach's Corner Cafe. n r Date Land Use Authorization- Neighboring Businesses 1, of c� � e Nicole Lee of doh to erate a f6dd cart on the private operty(patio) of Peach's Corner Cafe. ignatu Dat 7. Temporary food vending. Temporary Food Vending on private property or public property that is subject to a mall lease for food vending or outdoor restaurant seating in the Commercial Core (CC) or Commercial Lodge (CL) Zone Districts shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: a. Location. All outdoor food vending shall be located in the Commercial Core (CC) zone district. Temporary food vending may operate in interior arcades of buildings within the Commercial Core and Commercial Lodge zone districts only if the approval of the property owner and of all businesses that have access in the arcade has been granted. The temporary operation shall under no circumstance be located in the public right-of-way. The normal operation of the food cart, including line queues, shall not inhibit the movement of pedestrian or vehicular traffic along the public right-of-way. Other criteria that all applications must be in compliance with: 1) Multiple vending sites shall not be allowed for any single owner or entity. 2) The food cart shall be in a consistent location as is practically reasonable and not intended to move on a daily basis throughout the duration of the permit. 3) The food vending cart shall be placed in a location that does not interfere with required emergency egress or pose a threat to public health, safety and welfare. A minimum of six (6) foot ingress/egress shall be maintained for building entrances and exits. 4) Before a food vending cart can begin operating, it must receive approval from the property owner and all adjacent businesses. *See Attached b. Operation Plan. The Applicant shall create an operation plan to include in all letters that seek approval from the property owner or adjacent businesses. The operation plan shall contain the following information, at a minimum: 1 ) Months of intended operation Starting in September and ending after 6 month permit 2) Hours of operation Thursday-Saturday 6:30 pm — 2:00 am Sunday 8 am - 1 pm (during off season), 6 pm — 9 pm 3) Location Peach's Corner Cafe Patio 4) Comprehensive list of all food and beverage being served. Various Pastries Doughnuts/Doughnut Sandwiches Various Bottled Beverages Coffee/Hot Chocolate/Chaff t If any element of the operation plan is altered after a Temporary Outdoor Food Vending permit has been issued, the Community Development Director has the ability to revoke the issued permit. c. Duration. The temporary food vending operation shall be permitted to operate for a period of six (6) months. The six (6) month period shall begin on the same the date that the Notice of Approval is signed by the Community Development Director. This six (6) month period may not be separated into non- consecutive periods. Once the six (6) month timeframe has expired, the operation shall be subject to an additional review and permit process. The Community Development Director shall consider a returning vendor's past performance in considering a permit renewal. This shall include, but shall not be limited to, input from the Environmental Health Department, Chief of Police, special event staff, and feedback from adjacent businesses. The Community Development Director may require a temporary cancelation of operations to accommodate special events, holidays, or similar large public gatherings. Such action will be taken if it is determined that the food cart will create a public safety issue or create an excessive burden on the event activities. The Community Development Director may revoke the permit and cause removal of the vending operation if the vendor fails to accommodate such a request. d. Fee. The permit fee for a food vending cart shall be the current fee listed in Land Use Code Section 26.104.070, Land use application fees. e. Size. The area of outdoor food vending activities does not exceed fifty (50) square feet. The area of outdoor food vending activities shall be defined as a counter area, equipment needed for the food vending activities (e.g. cooler with drinks, snow cone machine, popcorn machine, etc.), and the space needed by employees to work the food vending activity. f. Number. The number of Temporary Outdoor Food 'ending carts allowed within the City of Aspen at any given time shall be limited to four (4). This number shall be based upon valid Land Use Applications approved by the Community Development Director. Food vending locations within interior arcades are exempt from this limitation. g. Signage. Signage for temporary food vending carts shall be exempt from those requirements found within Land Use Code Section 26.510, Signs, but not excluding Prohibited Signs. The total amount of signage shall be the lesser of fifty percent (50%) of the surface area of the front of the cart, or six (6) square feet. Sign(s) shall be painted on or affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts towards this calculation. Food carts may have a sandwich board sign in accordance with the regulations found within Chapter 26.510. h. Abandonment. The City of Aspen may remove an abandoned food vending operation, or components thereof, in order protect public health, safety, and welfare. Costs of such remediation shall be the sole burden of the property owner. i. Environmental Health. An application to the Community Development Director for temporary :outdoor food vending shall only besubrnitted and approved subsequent to submitting and obtaining approval of a food service plan from the Environmental Health Department. The area of .outdoor food vending activities shall include recy-cling bins and a waste disposal container that shall be emptied daily and stored inside at night and when the outdoor food vending activities are not in .operation. Additionally, no Outdoor, open-flame ca-r broiling shall be permitted pursuant to Municipal Code Section 13.08.100, Restaurant Grills. j. Affordable Housing Waiver. The Community Development Director shall waive affordable housing mitigation fees associated with the temporary new net leasable square footage being created by outdoor food vending activities. k. Year-round Operation. The outdoor food vending activities may occur year-round. An application for an approval of temporary outdoor vending activities shall not constitute nor be interpreted by any property owner, developer, vendor, or court as a site specific development plan entitled to vesting under Article 68 of Title 24 of the Colorado Revised Statutes or Chapter 26.308 of this Title. Approvals granted in this subsection are subject to revocation by the City Manager or Community Development Director without requiring prior notice. I. Maintenance and public safety. An application for temporary outdoor food vending activities shall not diminish the general public health, safety or welfare and shall abide by applicable City regulations, inc,luding but not limited to building codes, health safety codes, fire codes, liquor laws, sign and lighting codes, and sales tax license regulations. Environmental Health Deposit Date: 08/24/12 THE CITY OF ASPEN DESCRIPTION Munis ACCOUNT# Number of AMOUNT Code - licenses Cash Check Line Total Colo Food Service Licence City 251208 001.25.00000.61075 - 255.00 212.00 Deferred Food License Renewals 111019 001.00.00000.21414 - - - Colo Food Service Licence State fee 251207 001.00.00000.21415 1 - - 43.00 State Sanitarian Grant 251209 001.25.00000.62235 - - - Food Service Plan Review Fees 251214 001.25.00000.63355 - 245.00 245.00 Other Misc Revenue 251215 001.25.00000.69005 - - - Cash Checks DEPOSIT TOTAL RE:doh 2012 license fees Receipt#: [ ] City of Aspen Environmental Health Department 130 South Galena Street,Aspen,Colorado 81611 970-920-5039 i 1 i i 0 1 s 7 a x i i a 1 r -To? i RECEIVED O SEP 13 2012 / clTY Of ASP S CpMMUNITV DEVF1 4 ) Land Use Authorization- Neighboring Businesses 1, , of Q , l rove Nicole Lee of doh to operate a food cart on the private property(patio) of Peach's Corner Cafe. Signature Da e r� M- N E;-0 rn Ilk /Ju N C I$ THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0056.2012.ASLU PARCEL ID NUMBERS 2737 07 03 30 007 PROJECTS ADDRESS 212 S. GALENA PLANNER JIM POMEROY CASE DESCRIPTION TEMP FOOD VENDING REPRESENTATIVE NICOLE LEE DATE OF FINAL ACTION 8.31.12 CLOSED BY ANGELA SCOREY ON: 9.26.12