HomeMy WebLinkAboutcoa.lu.tu.401 E Hyman Ave.0031.2013 40
THE CITY OF ASPEN
FILE 1 OF 3
City of Aspen Community Development Department
CASE NUMBER 0031.2013.ASLU
PARCEL ID NUMBERS
PROJECTS ADDRESS 401 E HYMAN AVE
PLANNER JENIFER PHELAN
CASE DESCRIPTION TEMP FOOD VENDING (ABANDONED)
REPRESENTATIVE JOHN WILCOX
DATE OF FINAL ACTION 6.30.14
CLOSED BY ANGELA SCOREY ON: 7.30.14
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THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: May 28, 2013
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number and name
assigned to this property is 0031 2013.ASLU — 401 E Hyman Ave Temporary Food Vending. A planner has
not been assigned to this case; one will be assigned upon determination of completeness.
✓ Your Land Use Application is incomplete:
Items that must be submitted for the case to be determined complete:
• Copy of Pre-application Conference Summary
• A written description of the proposal
• A written explanation of how the proposal complies with the review standards for Temporary
Outdoor Food Vending (section 26.470.060.7). A copy of these review criteria are found on the next
page. Please respond to all criteria.
• A drawing depicting the size of the temporary use (cannot exceed 50 square feet)
• A site plan depicting the location of the temporary use
• A vicinity map
• A signed letter from the owner of the business that the temporary use will be operated by or in
association with
• Signed letters from restaurant and retail businesses that the temporary use will be operating adjacent
to
• A signed letter from the property owner
• Proof of approval from the Environmental Health Department for a food service plan
• 2°d copy of application
Please submit the aforementioned missing submission items so that we may begin reviewing your application.
No review hearings will be scheduled until all of the submission contents listed above have been submitted and
are to the satisfaction of the City of Aspen Planner reviewing the land use application.
Other submission items may be requested throughout the review process as deemed necessary by the
Community Development Department. Please contact me at 429-2780 if you have any questions.
Thank You,
Jessica Garrow, Long Range Planner
City of Aspen, Community Development Department
For Office Use Only: Qualifying Applications:
Mineral Rights Notice Required New SPA New PUD
Yes No Subdivision, SPA,or PUD(creating more than 1 additional
lot)
GMQS Allotments Residential Affordable Housing
Yes No Commercial E.P.F.
Sec. 26.470.060.7. Temporary food vending. Temporary Food Vena,..g 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.
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.
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
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vending activities (e.g. cooitr with drinks, snow cone machine, pol.-jm machine, etc.), and the space
needed by employees to work the food vending activity.
f. Number. The number of Temj)orary Outdoor Food Vending carts allowed within the City of Aspen at
any liven 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 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.
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.
ATTACHMENT 2—LAND USE APPLICATION
PR03ECT:
Name:
Location: -�
Indicate street address, lot&block number, legal description where appropriate)
Parcel ID#(REQUIRED)
APPLICANT:
'7,l� l% ��i�J
Name:
Address:
Phone#:
REPRESENTATIVE:
Name:
Address: ° l � �
Phone#: l /_7 7
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/
E pansion
❑ 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.)—�
Have you attached the following? FEES DUE:$
r_1 Pre-Application Conference Summary RK
❑ Attachment#1, Signed Fee Agreement
❑ Response to Attachment#3, Dimensional Requirements Form MAY ¢ Z013
❑ Response to Attachment#4, Submittal Requirements-Including Written Responses to Review Standards
❑ 3-D Model for large project C i I ASPEN
All plans that are larger than 8.5"X II"must be folded. A disk with an electric copy of all written tC )VLO ,0Y`
(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.
RECEIVED
ATTACHMENT 3 MAY 2 2 ?013
DIMENSIONAL REQUIREMENTS FORM CITY OF ASPEN
M LAITY EL OPMENI
Project: O'M 'D
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Applicant:Location-
Zone District:
Lot Size:
Lot Area:
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements,and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: Proposed:
Number of residential units: Existing: Proposed:
Number of bedrooms: Existing: Proposed:
Proposed% of demolition(Historic properties only):
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: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Combined Sides: Existing: Required: Proposed:
Distance Between Existing Required: Proposed:
Buildings
Existing non-conformities or encroachments:
Variations requested: