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Town Council Resolution 33 2013TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 33 SERIES OF 2013 A RESOLUTION APPROVING AN ANNUAL TEMPORARY USE PERMIT APPLICATION FOR THE CONSTRUCTION AND OPERATION OF A PREFABRICATED FOOD SERVICE KIOSK AND DECK WITHIN THE HIVE BUILDING PARCEL AS "VENGA VENGA EXPRESS." WHEREAS, "Venga Venga," Applicant, represented by Bart DeLorenzo has submitted an application for an Annual Temporary Use Permit ("application") to construct a prefabricated food service building and deck within the Hive Building Parcel (a.k.a. the Timbermill Building) on November 20, 2013; WHEREAS, the legal description of the Hive Building Parcel is: Subdivision: HIVE BUILDING Section: 1 Township: 10 Range: 86 THE HIVE BUILDING PARCEL (TIMBERMILL BUILDING)THE HIVE BUILDING PARCEL IS LAND LOCATED IN GOVT TRACTS 44 & 45 BEING A PART OF SECS 1 2 11 & 12-10-86 DESC BY M/B AS SET FORTH ON THE SUBDIVISION E; WHEREAS, the Hive Building is located at 96 Daly Lane and is zoned "Specially Planned Area" (SPA -1); WHEREAS, the Application for an Annual Temporary Use Permit proposes that construction take place on the Western side of the Hive Building Parcel and will be detached from the Hive Building itself; WHEREAS, the Applicant ("Venga Venga"), as represented by Bart DeLorenzo, Executive Director of Richard Sandoval Restaurants entered into a Lease Agreement with Lance Hool, landowner of the "Hive Building Parcel" on October 1, 2010 to operate the restaurant known as "Venga Venga" within the building; WHEREAS, Town Council Resolution No. 51, Series of 1988 and Town Council Resolution No. 66, Series of 1991, originally approved a food service operation adjacent to the Timbermill Building as the "Popcorn Wagon;" WHEREAS, Staff has reviewed the Application for a Temporary Use Permit pursuant to Section 16A -5-260(b), Review procedure, of the Town of Snowmass Village Municipal Code ("Municipal Code") WHEREAS, pursuant to Section 16A-5-260(b)(4)(b), an Annual Temporary Use Permit must be reviewed by the Planning Commission, then make its recommendations to the Town Council for final approval following a noticed Public Hearing; WHEREAS, the Planning Commission reviewed the application and materials, considered the standards of Subsection (d) of Section 16A-5-260, Temporary uses, and TC Reso. 33-2013 Page 2 of 4 contemplated Staff's findings and comments at a regular meeting of the Planning Commission on December 4, 2013; WHEREAS, the Planning Commission adopted PC Resolution No. 09, Series of 2013, thus making recommendations for approval to the Town Council at that regular meeting of the Planning Commission on December 4, 2013; WHEREAS, the application was noticed, pursuant to Section 16A -5-60(b) Manner and Timing of Notice, by publication in the Snowmass Sun, a newspaper of local circulation on November 27, 2013, and by posting by the applicant on November 26, 2013; WHEREAS, the Town Council considered the recommendations of the Planning Commission regarding the application at a regular meeting of the Town Council on December 16, 2013; and WHEREAS, this Resolution specifies that any Annual Temporary Use Permit renewal may not be administrative and shall be determined by Town Council. NOW, THEREFORE BE IT RESOLVED, by the Town Council of the Town of Snowmass Village, Colorado, that this Application for an Annual Temporary Use Permit for Venga Venga, Applicant, to construct a deck and a prefabricated food service building, and then operate a business that will be known as "Venga Venga Express" within said building throughout the year is hereby approved, subject to the findings and terms and conditions outlined herein: Section One: Findings. The Town Council, after considering the application, the surrounding conditions, the staff report, and the recommendation by the Planning Commission determined the request is compliant with the applicable review standards. Specifically the findings are: 1. The proposed temporary use is appropriate in the particular location, taking into consideration the nature of the use, its relationship to surrounding land uses, and its impact with respect to environmental, social and economic matters; 2. The proposed temporary use comply with the Town's adopted policies and regulations, and shall not violate any applicable state, county or federal laws; 3. The applicant has demonstrated that he possesses the requisite skill and experience to ensure that the particular activity will be conducted in a safe and orderly manner; and 4. The applicant has obtained written approval from the reviewing agencies having jurisdiction over the proposed temporary use. Section Two: Action. This Annual Temporary Use Permit Application is hereby approved, subject to all conditions of approval, both herein and within Exhibit "A." Section Three: Conditions of Approval. This Annual Temporary Use Permit shall be subject to the following conditions of approval: TC Reso. 33-2013 Page 3 of 4 1. The Annual Temporary Use Permit application approval by the Town Council shall be subject to all conditions, as amended by the Planning Commission, and contemplated by the Town Council, within the Annual Temporary Use Permit attached hereto, as Exhibit «A 2. Any changes or modifications to this Annual Temporary Use Permit, once approved, shall be subject to Section 16A-5-260(b)(5)(b) (Changes or modifications) of the Town Municipal Code. 3. Renewal of this Annual Temporary Use Permit must be reviewed by the Town Council, at which time the Town Council may approve, modify, or deny renewal of the permit, or any other permits associated with the Annual Temporary Use. 4. This Annual Temporary Use Permit shall expire and terminate on September 30, 2014, unless renewed by the Applicant by submission of an Application for Renewal of an Annual Temporary Use and approval by the Town Council on or before September 30, 2014. Section Four: Severability. If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. READ, APPROVED, AND ADOPTED by the Town Council of the Town of Snowmass Village on December 16, 2013 upon a motion of Councilmember Kucker, the second of Councilmember Boineau, and upon a vote of 5 in favor and 0 against. TOWN OF SNOWMASS VILLAGE TO O U N C I L Bill Boineau, Mayor ATT T- J d Rhonda B. Coxon, Town Clerk Exhibit Attachments incorporated herein: A. Annual Temporary Use Permit with Attachments B. Planning Commission Resolution No. 09, Series of 2013 with exhibits TC Reso. 33-2013 Page 4 of 4 Exhibits incorporated by Reference: ➢ Application for Annual Temporary Use Permit dated November 20, 2013 ➢ Town Council Resolution No. 51, Series of 1988 ➢ Town Council Resolution No. 66, Series of 1991 ➢ Signed and notarized Affidavit of Posting Notice by Applicant I L rwbu. IVU. 33, Jer Ieb u7 Lu13 Exhibit A a --S',,N=0 MASS:VhLLAG,, ANNUAL TEMPORARY USE PERMIT VENGA VENGA, Applicant, is hereby granted an Annual Temporary Use Permit to construct and operate a prefabricated kiosk -style food service station and a new deck in the vicinity of The Hive Building Parcel (Timbermill Building) as the following activity: VENGA VENGA EXPRESS DECEMBER 16, 2013 - SEPTEMBER 30, 2014 Applicant has complied with the procedures as specified in Section 16A-5-260(b)(4)(b) of the Town of Snowmass Village Municipal Code ("Municipal Code"). This Annual Temporary Use Permit Approval pursuant to Town Council Resolution No. 33, Series of 2013 is for the period stated above and it is subject to the Conditions and Site Map attached hereto. Town of Snowmass Village Plannin 7ir Mark A. Kittle Acting Community Development Director CC: Town Council Town Manager Town Attorney Town Clerk Town Building Department Police Department Animal Services Snowmass-Wildcat Fire Protection District Public Works Department Transportation Department Snowmass Tourism I V IILJV. �YV. J✓, J14.1 I1;.J VI GV SJ Exhibit A U __ �_ e _ �_ VENGA VENGA EXPRESS 1. Venga Venga is responsible for the construction and operation of a food service station in the vicinity of the Hive Building Parcel. The Application/Operations Plan is attached as Exhibit "A." Key Contact for this operation is: ® Bart DeLorenzo Executive Director, Richard Sandoval Restaurants Phone: (303) 944-1717 2. The regular hours of business for Venga Venga Express shall be 6:30am — 4:OOpm. 3. The "Venga Venga Express" food service station is to be constructed off site as a prefabricated building atop a new deck area within the Western vicinity of the Hive Building parcel. 4. The "Venga Venga Express" shall serve items from a reduced menu of the Venga Venga Restaurant, located within the Hive Building on the slopeside of the Snowmass Ski Area. No liquor or alcoholic beverages will be served from Venga Venga Express and all food shall be cooked and prepared at the Venga Venga Restaurant site; no food shall be prepared onsite of "Venga Venga Express." 1. Applicant is responsible for full and complete compliance with all applicable Federal, State, and Local laws and regulations in the management of this operation. 2. Applicant is responsible for supervising all aspects of this temporary use to ensure compliance with the terms and conditions of this permit. The activities shall not generate debris, excessive noises, traffic or congestion that unreasonable or adversely affect the surrounding private property and residential neighborhoods. 3. Applicant shall promptly notify the Town Planning Department (923-5524) of any additions, modifications or amendments to this permit or use of the subject property. Any such changes should not be in conflict with the findings and review standards relative to the renewal of this Annual Temporary Use Permit and they are not permitted without written approval of the landowner(s) and Town Manager or designees. 4. In the event the Applicant or Town receive any complaints concerning this temporary use, the Applicant shall exhibit due diligence in attempting to resolve the problem(s). Failure by the Applicant to demonstrate that reasonable efforts were made to resolve a significant majority of complaints shall be cause for modification, termination, or refusal Venga Venga Express Annual Temporary Use Permit Page 2 of 6 Exhibit A to renew this annual temporary use permit as determined by the Town Manager or designees. 5. Applicant shall comply with all conditions of Snowmass Village Town Council Resolution No. 30, Series of 2013 (Reno. 13-33) attached hereto this Temporary Use Permit (see Attachment 1). 6. The use of any privately owned property, including the location of any vehicles, equipment or materials within said property, is not authorized without the express written approval of the landowner. A copy of said approval(s) shall be forwarded to the Town Planning Department prior to the commencement of construction and operations of this temporary use. 7. Town or its designee (Police, Fire and/or Building Departments) can inspect the area before, during or after operations to confirm that all conditions of this permit are being met. 3. No penetrations or markings of concrete or other surfaces within the subject properties shall occur without the express authority of the landowner(s) and Town Manager or designees. 9. No electrical or other utility connections may be made to existing facilities nor shall construction activities occur, without obtaining necessary permits or approval from the Town Building Department (923-5524). 10. All vehicles shall park only in authorized public parking areas with the exceptions of those vehicles clearly needed by the Applicant and others on a continual basis during construction time. No trucks, vans, trailers or other vehicles can be authorized to park, load or unload within the Daly Lane cul-de-sac or area between the Timbermill and Mountain Chalet buildings (fire lane), or on the Snowmass Mall Level. Any individual, group or organization that fails to properly supervise and ensure that vehicles park only in authorized areas may be restricted from future use of the facility or permit area. 11. The duration of this permit shall be effective from the date that Town Council approves Resolution No. 33, Series of 2013, until September 30, 2014, upon which Applicant must file for an ATUP Renewal through the Town Planning Department and such renewal must be reviewed by the Town Council at a regular meeting, otherwise this Temporary Use Permit will expire and terminate. 12. Applicant must operate within the winter and summer seasons during regular hours of business. The applicant may, at his discretion, close "Venga Venga Express" for the "off-season" (Spring and Autumn months). Any extended closures during the Summer and Winter months not due to natural disasters, "acts of God," or other fortuity, can be subject to the review and revocation by the Planning Director, the Town Manager, the Planning Commission, or the Town Council. Venga Venga Express Annual Temporary Use Permit Page 3 of 6 I%. ncau. IMV. 37, JCI ICJ V! LV1.J Exhibit A 1. The Applicant is authorized to construct a new deck and place a prefabricated kiosk in the location specified in the map within Exhibit "A" attached hereto. This initial construction activity is pursuant to all applicable provisions of Chapter 18, Building Regulations, and subject to Building Permit application and approval by the Town of Snowmass Village Building Department (923-5524). 2. Food service transactions may take place at the kiosk. Only food prepared at the Venga Venga Restaurant is allowed to be served to customers. Fountain drinks and non- alcoholic beverages may also be served at the kiosk. No food shall be prepared and/or cooked for customer consumption on site of Venga Venga Express. 3. This facility and employees working within it are subject to all inspections and health and sanitation standards of the State of Colorado Department of Public Health standards and/or Pitkin County Public Health Standards for food preparation and services. 4. Applicant is responsible for all employees' training and supervision authorized to serve food at the Venga Venga Express site. Employees shall comply with all applicable health and sanitation standards for food service. 5. Alcohol shall NOT be served at the Venga Venga Express site. 6. Upon termination or expiration of this Temporary Use Permit, all constructed features, including the "Venga Venga Express" prefabricated building and the deck shall be promptly removed from the site, unless the Applicant and landowner obtain expressed authorization from the Town Council for the deck and/or the prefabricated building to remain. 1. All requirements of the Town Police Chief (923-5330) and Snowmass-Wildcat Fire Protection District Chief (923-2212) or designees, whether imposed prior to or during the operation of Venga Venga Express, must be satisfied and shall be considered conditions of this permit. 2. No chairs, tables, benches or any other furniture or equipment shall be permitted within established fire lanes (24'-0" minimum width) or within established egress routes. Existing facilities should be checked to ensure there are adequate routes for emergency egress and that all other life/safety requirements are addressed. 3. The Venga Venga Express kiosk shall have a fire extinguisher on site adequate and suited for kitchen fires. 4. Applicant shall coordinate with Town Police (923-5330), Town Road Services (923- 5110), and Public Works (923-5110) regarding any road closures or traffic disruptions as a result of construction and/or placement of the "Venga Venga Express" building or deck. Applicant shall provide adequate traffic control personnel wearing reflective safety vests to warn and safely direct and/or temporarily halt pedestrians and vehicular traffic, Venga Venga Express Annual Temporary Use Permit Page 4 of 6 I %- AVcJv. wv. JJ� JGI IGJ V! GV.4J Exhibit A when necessary. Construction activity shall strive to minimize delays and/or conflicts with vehicular, transit, bicycle and pedestrian traffic flow through the vicinity of the site. 1. Applicant shall obtain all necessary permits and regular inspections from the Aspen/Pitkin County Environmental Health Department (920-5070) for food service activities. Applicant is responsible for satisfying all applicable health code and sanitation regulations, including adequate hand wash stations prior to and during the operation of the Venga Venga Express kiosk. 2. Smoking is prohibited at Outdoor Public Places with the exception of specifically designated "Smoking Permitted Areas" that must be clearly marked and delineated. For complete regulations, refer to Chapter 10, Article V of the Town of Snowmass Village Municipal Code. 3. The deck of Venga Venga Express shall NOT be a designated smoking area of any kind or delineation. 4. Clear travel paths are to be provided and maintained around and on the site area at all times. 5. Solid waste collection, recycling and removal shall be coordinated with the Town Solid Waste and Recycle Department (923-5110). 6. A trash receptacle shall be placed on-site or no more than ten (10) feet away from the site for customers. The bins shall be promptly emptied when full. Trash that is collected shall be deposited into Wildlife Resistant Refuse Containers* or deposited into bear - proof trash bins provided by the Solid Waste and Recycle Department (923-5110). *Definition: Wildlife Resistant Refuse Container means a fully enclosed metal container with a metal lid. The lid must have a latching mechanism that prevents access to the contents by wildlife. Wildlife Resistant Refuse Containers must be approved by the Police Chief and Public Works Director. 7. Applicant is responsible for picking up litter/trash within the deck area and surrounding Snowmass Mall area. Applicant is responsible for obtaining a sign permit from the Town Planning Department (923-5524) for all proposed signage on the permitted site. All signage is subject to the provisions of Article IV, Division 5 of the Municipal Code, Sign Standards. 2. All proposed lighting is subject to review and inspection by the Town Building Department (923-5524), pursuant to Ordinance No. 18, Series of 2003. Venga Venga Express Annual Temporary Use Permit Page 5 of 6 iL ncDv. ivv. JJ, jtv m.) vi GV1J Exhibit A 1. All requirements of the Town Animal Services (923-5330), whether imposed prior to or during the construction and operation of Venga Venga Express must be satisfied and shall be considered conditions of this permit. 2. Refuse must be collected from the site at the close of each day's activities and shall be deposited in Wildlife Resistant Containers or Enclosures, or be removed to an appropriate disposal site. 3. No person shall knowingly leave or store any refuse, food product, pet food, grain or salt in a manner that would constitute a lure, attraction or enticement of wildlife. Failure to comply with these provisions may result in penalty assessments pursuant Snowmass Village Municipal Code Section 7-161, Penalty assessment. 1. At all times during the term of this permit, the Applicant shall maintain in full force and effect a comprehensive public liability insurance policy. The amount of insurance and extent of coverage shall be established by the property owner(s). If at any time during the term of this permit, the Applicant's insurance coverage lapses, is cancelled or suspended, this permit shall automatically terminate and the Applicant shall cease operations hereunder (Certificates of Insurance shall be submitted to the Town Planning Department). 2. Applicant agrees to indemnify and hold the Town harmless from all cost, loss, damage, expenses (including attorney and expert fees) and claim liability of any and every kind (collectively "Claims") that may arise as a direct result of activities that the Applicant is engaged or over which the Applicant has control with respect to the use of the above described property pursuant to this permit. The foregoing shall obligate the Applicant to defend any claims, suits or other proceedings naming the Town as a defendant on any claim that may arise as a result of the use of the above described property pursuant to this permit or the activities authorized under this permit (Indemnification Agreement shall be submitted to Town Planning Department). 3. Attorney Fees. In the event litigation is necessary to enforce the rights of the Town under this Agreement, the Town shall be entitled to reimbursements of tis reasonable attorney fees and costs of suit, actually incurred during the litigation, as part of its judgment or award. WTnfi A-Application/Site Map B -Signage Plan Venga Venga Express Annual Temporary Use Permit Page 6 of 6 Venga Venga Express Annual Temporary Use Permit Exhibit Al t td EVENT: > 10 days Application Fee $9,000.00 P1Gci 1201/3 TOWN OF SNOWMASS VILLAGE ANNUAL TEMPORARY USE PERMIT APPLICATION For a temporary use permit the Town of Snowmass Village (TOSV) considers activities of a temporary or short-term nature that provide or facilitate an overall benefit to the community or further an official policy or objective of the Town, such as temporary activities of a civic, educational or cultural nature or entertainment oriented activities. Annual Temporary Use Permit. An annual temporary use permit may be Issued to any short-term use not allowed as a use by right, or as an accessory use or special review use in the particular zone district where the use is proposed, or that involves the construction of any structure, provided the individual activity or event lasts for a period of time in excess of ten (10) days, but not to exceed one (1) year. GENERAL DATA REQUIREMENTS Name of Applicant: V V Date: ff Address: Phone: 303 Z 717 Fax: Name of Representative if liferent than applicant): Address: Phone: Zi Fax: Event: Date and Hours of Operation: ; Property Owner. i A-AMp Aihoi/ IF If the applicant is to be represented by an agent, a letter signed by the applicant granting power of attorney to the agent shall be submitted, authorizing the agent to represent the applicant and stating the representative's name, address and phone number. PROVIDE A WRITTEN DESCRIPTION OF THE PROPOSED TEMPORARY USE PROVIDE THE FOLLOWING ADDITIONAL INFORMATION 1. Legal Description. The legal description and street address, If such exists, of the parcel(s)on which the temporary use is proposed to occur. � Disclosure oy�me�h� A certificate from e titleinsurance - �a�e �the S�owh���a���the of all of property ��d attorney tfte application. If the applicantis not the landowner, then the applicant shall present evidence to show approval of the landowner forthepartinularuea. 3. Insurance. The opp|�antshsUpmv�apmof���ogeneod|�h|Utyinsurance p�ioy[nthe - amount o/one million dollars ($1,0OO.DOO) will be ineffect for the proposed temporary and that the Town be The applicant ahoU also oubnd\ an executed indemnity and hold harmless agreement Indemnifying the Town in vvdhng against all claima, expenses or damages for injury ho any person or rty, directly or |ndinenUy, as o result ofthe particular activity and to hold the Town harmless for any injury, expense, claim ordamage tothe applicant -�-�4. Vicinity Map, An eight and one-half Inch bye|ovoninch (ByS'x11^)�dn|tymap |000hng -- the subject pance|(s)within the Town of8noxmnoasVillage. Y--1 5. Site Drawing. Adnowing illustrating the characteristics of the site and surrounding area �-� that are pertinent bzthe application, Including its location, significant natural and man-made haatunes, with particular attention to natural hazends, resources or other special areas of concern, the size and accessibility of the site and surrounding development and land use. 6. Other Maps. All other for the application shall be prepared at a scale of one Inch equals one hundred feet (1" = 100) or larger, on sheets no larger than thirty inches by forty-two inches (30" x 42). If It Is necessary to place information on more than one (1) sheet, an index shall be Included on the first sheet. Report -size versions of all maps, reduced to a sheet size of no greater than eleven Inches by seventeen inches (I V x 17"), shall also be submitted. � Notice ofTraffic Disruption, Should the event involve major disruptions in normal traffic flow, the applicant shall provide evidence mm0zhow bring the event will bebrought bzthe attention of the gamem| pub||c, specifically outlining the areas where any rerouting will occur, / Liquor License. Evidence that e liquor license or any othernecessary Town application has been submitted hothe Town Clerk, whenever applicable. 9. Base Fee The application shall be accompanied by the applicable bone fee from the Building and Planning Departments fee schedule. The applicant shall reimburse the Town for such amounts in excess of the base fee as determined by the Planning Director. The reimbursement to the Town by the applicant shall be due and payable within fifteen (15) days of the date of billing, An application for a temporary use permit shall comply with the following utamdands. Please address these standards hnthe space provided below: Use Shall Be Appropriate. The proposed temporary use shall beappropriate in the particular /00000n. ommg into consideration the nature of the use. its relationship to surrounding land uses and its impact with respect to envimnmental, social and economic matters. Annual Temporary Use Permit Application Page 2o/4 Use Shall Comply With Policies and Regulations. The proposed temporary use sheH comply with the Town's adopted policies and regulations, and shall not violate any applicable state, county or federal laws. Applicant's Skills and Experience. The applicant shall demonstrate that he conducted in a safe and orderly manner. Conference, Attendance atepre-application conference is optional prior to submission of an applicationfor anannual temporary use permit. The topics ofdiscussion ot the pre -application conference may include: A. Use and Timing. The nature oYthe use |nquestion and the hmaframe for which the temporary use permit |sproposed ioba|neffect, B. Site Characteristics, Physical characteristics ofthe site and surrounding area that will influence the determination of the suitability of the site for the proposed temporary use, C. Applicable Provisions. The provisions ofthis Section that apply \othe proposal, including the applicable review procedures, submission requirements and review standards, D. Emergency Plans, Provisions and plans for dealing with potential emergency E. Water and Sanitation. Necessity for and availability ofdrinking water and sanitary F Food and Beverage Service, \ffood and beverage service is to be provided, a plan to provide such services and evidence ofother necessary approvals or licenses. G. Parking and Transportation, Aparking and transportation plan and the necessity for police assistance. M. Admissions Schedule. A rate, fee or admissions schedule for all or a portion of t activity, if applicable. I Z Submission of Application. The applicant shall submit this application to the Planning Annual Temporary Use Permit Application Page 3of4 3. Staff Review of Application. Per Sec. 16A-5-50 of the Town's Code. 4. Action By [decision Making Body. A complete copy of the application shall be forwarded to the decision making body, together with a copy of the staff review. Annual Temporary Use Permit. For an annual temporary use permit, the Planning Commission shall review the application, considering the review standards, and shall make its recommendations to the Town Council, Public notice that the Town Council will consider the appiication shall be given by publication and posting of notice, pursuant to Section 16A-5-60 (b), Manner and Timing of {Notice. The Town Council shall hold a public hearing to consider the application. The public hearing shall be conducted pursuant to Section 16A -5-70(b), Conduct of Public Hearing. The Town Council shall consider all relevant materials and testimony, shall consider the review standards, and shall, by resolution, approve, approve with conditions or deny the application, MINIMUM AUTHORIZED CONDITIONS OF ANY APPROVAL 1. Disruptions in Traffic. Should the event involve major disruptions in normal traffic flow, the applicant shall bring notice of the event to the attention of the general public, Said notice shall specifically outline the area where any rerouting will occur. 2. Liquor License. Should the event involve obtaining a liquor license, the applicant shall comply with all applicable Town liquor license requirements. 3, tither Considerations. Such other considerations as may be necessary, including but not limited to, provisions for a damage or clean-up deposit, additional fees, hours of operation, sanitation requirements, traffic control, parking, transportation and provisions for utility service. Changes or Modifications. Any proposed changes or modifications to an approved temporary use permit may be approved by the Planning Director, provided such changes or modifications are insubstantial in nature and are generally consistent with the original approval. All other proposed changes shall require repetition of the procedures for obtaining the temporary use permit. 2. Expiration. An administrative temporary use permit shall expire at the conclusion of the event or activity for which It was granted, and shall not be extended or continued. 9 Penalties. Violation of any term or condition of an annual or an administrative temporary use permit by the permittee, its agents or employees, shall subject the permittee to the penalties set forth in Section 1-72 of the Municipal Code. In addition, where probable cause exists to suspect that a violation of any term or condition of a temporary use permit will pose a threat to public health, safety or welfare, the Chief of Police Is hereby authorized to revoke a temporary use permit and to require that any activity authorized thereby ceases and desists immediately. --lea CDD Director Acceptance Date NOTE. Please attached executed fee agreement Annual Temporary Use Permit Application Page 4 of 4 Venga Venga Express Annual Temporary Use Permit Exhibit A2 Existing Trench Drain I Existing Retaining Wall 2x Deck Material N io 4 - in 3'4' 7 3 High \ High _ 10'-7" Column All Dimensions to Canter of Column i 19'-S' to Farp of Rldn Verify Final Dimensions and Existing _ Concrete Slab Slope after iInstallation of Modular c. J� g iV Venga Express Deck Layout November 15, 2013 Scale; 114!'= T-0" Existing Stair Prefabricated Venga Express Wagon 14'-6" L x 7-6" W Aspen Sports _ Entry Steps to Aspen Sports Venga Venga Express Annual Temporary Use Permit Exhibit BI TOWN OF SNOWMASS VILLAGE P.O. Box 5010 Snowmass Village, Colorado 81615 97G-923-5524 Date: 401— Number of Signs: –_/ Estimated Value: ... 110 Date to be placed. - - - Date to be removed: Sign Owner: me Contractor: 1) v Name r--T-u Landowner: 1'40't -t Name Address: Telephone: -I.X1 7 Email: AddreS5: Telephone: Email: Telephone: Email: SU ITTAL REQUIREMENTS: rAplan showing the sign(s) location In relation to nearby buildings, structures, property lines, rights-of-way and utility easements. eMaterial method of construction and wiring, illumination, and support. S' n(sj dimensions, colors and materials. Proposed message accurately represented in scale as to size, area, proportion and for. M--Iworitten consent from the landowner: Signature Date M"PEecuted Snowmass Village Develonment Application F e Agreement. 0 --Permit Application Base Ra t��----Recelvecl: i Receipt —Icc_ Applicant Signature: Date: 0 0 Date: 1Y Print Name: L 115,3 'T—,� i The Town of Snowmass Village has established a fee structure for the processing of land use applications as described in the Ease Rate Fee Schedule attached hereto. A flat rate fee is collected for land use applications based on the type of application submitted. Referral fees for other Town departments, agencies and Town consultants reviewing the application will also be collected. Applications will not be accepted for processing without the payment of the required base rate fee. The fees vary depending upon the land use application type and the complexity of the case. The determination whether an application is major or minor for purposes of establishing the Ease Rate Fee shall be at the sole discretion of the Planning Director based upon the estimated number of hours required to process the application. The Ease Rate Fee for applications which fall into more than one category shall be cumulative unless found that it may be excessive in relation to the estimated number of hours required to process the consolidated application. The consolidated Ease Rate Fee may then be adjusted at the sole discretion of the Planning Director. The accrual of staff time commences at the time of the pre -application conference and this time is then deducted following receipt of the flat fee amount provided at the time application is made. The base rate fee is not refundable. More extensive staff review may be required, beyond the hourly rate and time allotted by the base rate fee, as the review time is likely to vary substantially from one application to another. Actual staff and consultant review time of the application will be charged when the hourly rate and review time exceeds the base rate fee amount. A brief description of the charge and review time incurred will be provided on the invoice. After the base fee has been exceeded, the applicant will be billed monthly in arrears for actual review time incurred. Current billings must be paid within 30 days or processing of the application will be suspended. An applicant may accrue and be billed additional administrative or review time following the final land use approval up to issuance of a Certificate of Completion or a Certificate of Occupancy or until the terms and conditions of the approval have been satisfied, whichever occurs later. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. leo new land use applications will be accepted, building permit(s) issued or documents recorded with the Pitkin County Clerk and Recorder until all costs associated with the processing of the land use application to date have been paid. As the Applicant or Authorized Representative, I am responsible for paying all fees associated with this development review application and shall be the person designated to receive all billings under this Agreement. READ, ACCEPTED AND AGRF�ED TO: Application(s): Print Name: Applic ti Representative sti01/1 r• .,.i:.�r ,!/,, iii• � ��. .. w BASE RATE FEE: S 11 0. «a z. RECEIPT NO. The Applicant is responsible for notifying the Town Planning Department by U.S. Mail for any change in billing person or billing address: Snowmass village Planning Department P.O. Box 5010, Snowmass village, CO 51615 P:luserlcconradtMS Word DocslAdministative OkFormslFEE AGREEMENT FEE SCHEDULE 01-01-0&doc H (D ro 0 n a n c 0(D m Y• rt W 0 �i fir lF fit I ILI TOWN OF SNOWMASS VILLAGE PLANNING COMMMISSION RESOLUTION NO. 09 SERIES OF 2013 A RESOLUTION REFERRING AN ANNUAL TEMPORARY USE PERMIT APPLICATION T THE TOWN COUNCIL FOR APPROVAL FOR THE CONSTRUCTION OF A PREFABRICATED FOOD SERVICE KIOSK AND DECK WITHIN THE HIVE BUILDING PARCEL, AS "VENGA VENGA EXPRESS." WHEREAS, Bart DeLorenzo, Applicant, has submitted an application for an Annual Temporary Use Permit to construct a prefabricated food service building and deck within the Hive Building Parcel on November 20, 2013; WHEREAS, the legal description of the Hive Building Parcel is: Subdivision: HIVE BUILDING Section: 1 Township: 10 Range: 86 THE HIVE BUILDING PARCEL (TIMBERMILL BUILDING)THE HIVE BUILDING PARCEL IS LAND LOCATED IN GOVT TRACTS 44 & 45 BEING A PART OF SECS 12 11 & 12-10-86 DESC BY M1B AS SET FORTH ON THE SUBDIVISION E; WHEREAS, the Hive Building is located at 96 Daly Lane and is zoned "Specially Planned Area" (SPA -1) WHEREAS, the Application for an Annual Temporary Use Permit proposes that construction take place on the Western side of the Hive Building Parcel and will be detached from the Hive Building itself; WHEREAS, the Applicant ("Venga Venga"), as represented by Bart DeLorenzo, Executive Director of Richard Sandoval Restaurants entered into a Lease Agreement with Lance Hool, landowner of the "Hive BuildingParcel" (aka "Timbermill Building") on October 1, 2010 to operate the restaurant known as "Venga Venga" within the building; WHEREAS, Town Council Resolution No. 51, Series of 1988 and Town Council Resolution No. 66, Series of 1991, originally approved a food service operation adjacent to the Timbermill Building as the "Popcorn Wagon;" WHEREAS, Staff has reviewed the Application for a Temporary Use Permit pursuant to Section 16A -5-260(b), Review procedure, of the Town of Snowmass Village Municipal Code ("Municipal Code") WHEREAS, pursuant to Section 16A-5-260(b)(4)(b), an Annual Temporary Use Permit must be reviewed by the Planning Commission, then make its recommendations to the Town Council for final approval following a noticed Public Hearing; and WHEREAS, the Planning Commission reviewed the application and materials, and contemplated Staff's findings and comments at a regular meeting of the Planning Commission on December 4, 2013; NOW, THEREFORE BE IT RESOLVE®, by the Planning Commission of the Town of Snowmass Village, Colorado, that this Application for an Annual Temporary Use Permit for Venga Venga, Applicant, to construct a deck and a prefabricated food service building, and then operate a business known as "Venga Venga Express" within said building throughout the year is referred to the Snowmass Village Town Council for final approval, subject to the findings and conditions outlined herein: Section One: Findings. The Planning Commission, after carefully reviewing the application, the surrounding conditions, and the staff report, determined the request is compliant with the applicable review standards. Specifically the findings are: 1. The proposed temporary use is appropriate in the particular location, taking into consideration the nature of the use, its relationship to surrounding land uses, and its impact with respect to environmental, social and economic matters; 2. The proposed temporary use comply with the Town's adopted policies and regulations, and shall not violate any applicable state, county or federal laws; 3. The applicant has demonstrated that he possesses the requisite skill and experience to ensure that the particular activity will be conducted in a safe and orderly manner; and 4. The applicant has obtained written approval from the reviewing agencies having jurisdiction over the proposed temporary use. Section Two: Action. This Annual Temporary Use Application is hereby recommended to the Town Council for final approval with comments attached. Section Three: Conditions of Approval. The Annual Temporary Use Permit application approval by the Town Council will be subject to all conditions, as amended by the Planning Commission, within the Draft Annual Temporary Use Permit attached hereto, and forwarded to the Planning Commission as a final version, as Exhibit "A." Section Four: Severability. If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. READ, APPROVED, AND ADOPTED by the Planning Commission of the Town of Snowmass Village on December 4, 2013 upon a motion of Commissioner Yocum, the second of Commissioner Aiken, and upon a vote of 4 in favor and 0 against. Commissioners Gustafson, Rachovsky, and Crouch were absent. TOWN OF SNOWMASS VILLAGE PLANNING COMMISS N ,A Robert Sirkus, Chair - 0"d-11 i Cindy Ford, Planning Commission Secretary Exhibit Attachments incorporated herein: A. DRAFT Annual Temporary Use Permit with Attachments Exhibits incorporated by Reference: � Application for Annual Temporary Use Permit dated November 20, 2013 > Town Council Resolution No. 51, Series of 1988 > Town Council Resolution No. 66, Series of 1991 ANNUAL TEMPORARY USE PERMIT VENGA VENGA, Applicant, is hereby granted an Annual Temporary Use Permit to construct and operate a prefabricated kiosk -style food service station and anew deck in the vicinity of The Hive Building Parcel (Timbermill Building) as the following activity: VENGA VENGA EXPRESS [DATE] - [DATE] Applicant has complied with the procedures as specified in Sec fo 16&�5::-2��60(b)(4)(b) of the Town of Snowmass Village Municipal Code ("Municipal Code, - his . nn ' I Temporary Use Permit Approval pursuant to Town Council Resolution N ., Series o 01 id�s for the period stated above and it is subject to the Conditions, Oper or fans, and Site , piattached hereto. `w Town o Si P arming [tQar A Ing CC: Town Council - Town Manager" Town Attorney Town Clerk Town Building De rt ` nt Police Department Animal Services Snowmass-Wildcat Fire Or t_ ion District Public Works Department Transportation Department Snowmass Tourism mass Village �, '4�` . I.I«IV Community Development Director A. CONTACTS, LOCATION AND OPERATION 1. Venga Venga is responsible for the construction and operation of a food service station in the vicinity of the Hive Building Parcel The Application/Operations Plan is attached as Exhibit "A." Key Contact for this operation is: Bart Del-orenzo Executive Director, Richard Sandoval Restaurants,. Phone: (303) 944-1717 2. The "Venga Venga Express" food service stationis to be constructed offsite as a prefabricated building atop a new deck area within the Western Vicinity of the Hive Building parcel. 3. The "Venga Venga Express" shall serve items from a reduced menu of the Venga Venga Restaurant, located within the Hive ;Building on the'slopeside of the'Snowmass Ski Area. No liquor or alcoholic beverages will be served from Venga Venga Express and all food shall be cooked and prepared at the Venga Venga Restaurant site; no food shall be prepared onsite of "Venga Venga Express." E. GENERAL 1. Applicant is responsible for"futl and complete compliance with all applicable Federal, State, .and Local laws and regulations in the management of this operation. 2. Applicant is responsible for supervising all aspects of this temporary use to ensure compliance with the Perms and conditions of this permit. The activities shall not generate debris, excessive noises, traffic or congestion that unreasonable or adversely affect the surrounding private property and residential neighborhoods. 3. Applicant shall promptly'ri, ify the Town Planning Department (923-5524) of any additions, modifications or amendments to this permit or use of the subject property. Any such changes should not be in conflict with the findings and review standards relative to the renewal of this Annual Temporary Use Permit and they are not permitted without written approval of the landowner(s) and Town Manager or designees. 4. In the event the Applicant or Town receive any complaints concerning this temporary use, the Applicant shall exhibit due diligence in attempting to resolve the problem(s). Failure by the Applicant to demonstrate that reasonable efforts were made to resolve a significant majority of complaints shall be cause for modification, termination, or refusal to renew this annual temporary use permit as determined by the Town Manager or designees. Venga Venga Express Annual Temporary Use Permit Page 2 of 6 5. Applicant shall comply with all conditions of Snowmass Village Town Council Resolution No. XX, Series of 2013 (Reso. 13 -XX) attached hereto this Temporary Use Permit (see Attachment 1). 6. The use of any privately owned property, including the location of any vehicles, equipment or materials within said property, is not authorized without the express written approval of the landowner. A copy of said approval(s) shall be forwarded to the Town Planning Department prior to the commencement of construction and operations of this temporary use. 7. Town or its designee (Police, Fire and/or Building Departments) can inspect the area before, during or after operations to confirm that all 'Conditions of this permit are being met. 8. No penetrations or markings of concrete orother surfaces,'Within the subject properties shall occur without the express authority-bf,,the landowner(s) and Town Manager or designees. 9. No electrical or other utility connections mAy'epq made- to existing facilities nor shall construction activities occur, without obtaining necessary permits or approval from the Town Building Department (923,5524). 10. All vehicles shall park only in authorized pqolic parking areas with the exceptions of those vehicles clearly needed by the Applicant and othee` "bln a continual basis during construction time. No trucks, vans, trailers or otherI vehicles can be authorized to park, load or unload.within the Daly Lane cul-de=sac or area between the Timbermill and Mountain Chal6fp'uildings (fire lane), or on the Snowmass Mall Level. Any individual, group. pr,lorganizatioln that fails to properly supervise and ensure that vehicles park only in auffibriie-dareas may be restricted from future use of the facility or permit area. 11. the duration of thl6I'pprmit shall be effective from the date that Town Council approve$ Resolution No. XX, Series of 2013, for exactly 365 days (1 year), upon which Applicant must file for an ATUP Renewal through the Town Planning Department, otherwise this Temporary Use Permit Will -expire and terminate. C. AUTHORIZATION' 1. The Applicant is authorized to construct a new deck and place a prefabricated kiosk in the location specified In the map within Exhibit "A" attached hereto. This initial construction activity is pursuant to all applicable provisions of Chapter 18, Building Regulations, and subject to Building Permit application and approval by the Town of Snowmass Village Building Department (9123-5524). 2. Food service transactions may take place at the kiosk. Only food prepared at the Venga Venga Restaurant is allowed to be served to customers. Fountain drinks and non- alcoholic beverages may also be served at the kiosk. No food shall be prepared and/or cooked for customer consumption on site of Venga Venga Express. Venga Venga Express Annual Temporary Use Permit Page 3 of 6 3. This facility and employees working within it are subject to all inspections and health and sanitation standards of the State of Colorado Department of Public Health standards and/or Pitkin County Public Health Standards for food preparation and services. 4. Applicant is responsible for all employees' training and supervision authorized to serve food at the Venga Venga Express site. Employees shall comply with all applicable health and sanitation standards for food service. 5. Alcohol shall NOT be served at the Venga Venga Express site. 6. Upon termination or expiration of this Temporary Use ,P,6ltrnit, all constructed features, including the "Venga Venga Express" prefabricated Wilding and the deck shall be promptly removed from the site, unless the Appl,icAnt,And landowner obtain expressed authorization from the Town Council for the deck and/or the prefabricated building to remain. D. POLICE AND FIRE DEPARTMENTS" 1. All requirements of the Town Police Chief, (923-5330) and Snowmas,§-Wildcat Fire Protection District Chief (923-2212) or designees, whether imposed I prior to or during the operation of Venga Venga Express, must be satisfied - and shall be con 6idered conditions of this permit. 2. No chairs, tables, benches or any other furniture or equipment u , ipment shall be permitted within established fire lanes (24'-0" minimum width) or within established egress routes. Existing facilitie's should be checked to ensure there are adequate routes for emergency egress and that all other li , fd/safety requirements are addressed. 3. fir 4. Applicant shall colc 5140), and Public' -x press kiosk shall have a fire extinguisher on site adequate and es. -clinaW With, Town Police (923-5330), Town Road Services (923- V61tks (923-5110) regarding any road closures or traffic disruptions as a result OT construction and/or placement of the Venga Venga Express building or deck. Applicant shallp roY ide adequate traffic control personnel wearing reflective safety vests to warn and safelylir'ect and/or temporarily halt pedestrians and vehicular traffic, when necessary,,, Construction activity shall strive to minimize delays and/or conflicts with vehicular, transit, bicycle and pedestrian traffic flow through the vicinity of the site. E. PUBLIC HEALTH AND SAFETY 1. Applicant shall obtain all necessary permits and regular inspections from the Aspen/Pitkin County Environmental Health Department (920-5070) for food service activities. Applicant is responsible for satisfying all applicable health code and sanitation regulations, including adequate hand wash stations prior to and during the operation of the Venga Venga Express kiosk. 2. Smoking is prohibited at Outdoor Public Places with the exception of specifically designated "Smoking Permitted Areas" that must be clearly marked and delineated. For Venga Venga Express Annual Temporary Use Permit Page 4 of 6 complete regulations, refer to Chapter 10, Article V of the Town of Snowmass Village Municipal Code. 3. The deck of Venga Venga Express shall NOT be a designated smoking area of any kind or delineation. 4. Clear travel paths are to be provided and maintained around and on the site area at all times. 5. Solid waste collection, recycling and removal shall be coordinated with the Town Solid Waste and Recycle Department (923-5110). 6. A trash receptacle shall be placed on-site or no more than ten (10) feet away from the site for customers. The bins shall be promptlyemptiedWhen full. Trash that is collected shall be deposited into Wildlife Resistant Refuse Contairi6r's' or deposited into bear - proof trash bins provided by the Solid Waste and Recycle Department (923-5110). *Definition: Wildlife Resistant Refuse Container means a fully enclosed metal container with a metal lid. The fidmust have a latchina mechanism that prevents access to the contents by wildlife. Wildlife Resistant istant Refuse Containers must be approved by the Police Chief and Public Works Director. 7. Applicant is responsible for picking up lifter/trash within the deck area and surrounding Snowmass Mail area. F. SIGNAGE AN LIGHTING 1. Applicant is responsible for obtaining a sign permit from the Town Planning Department (923-5524) for all proposed signage on the permitted site. All signage is subject to the provisions of Article IV, Division 5 of the Municipal Code, Sign Standards. 2. All Proposed lighting is subject to review and inspection by the Town Building Department (923-5524), pursuant to Ordinance No. 18, Series of 2003. G. ANI MAL,SERVICES 1. All requitbitients of the Town Animal Services (923-5330), whether imposed prior to or during the construction and operation of Venga Venga Express must be satisfied and shall be considered conditions of this permit. 2. Refuse must be collected from the site at the close of each day's activities and shall be deposited in Wildlife Resistant Containers or Enclosures, or be removed to an appropriate disposal site. 3. No person shall knowingly leave or store any refuse, food product, pet food, grain or salt in a manner that would constitute a lure, attraction or enticement of wildlife. Failure to comply with these provisions may result in penalty assessments pursuant Snowmass Village Municipal Code Section 7-161, Penalty assessment. Venga Venga Express Annual Temporary Use Permit Page 5 of 6 I . At all times during the term of this permit, the Applicant shall maintain in full force and effect a comprehensive public liability insurance policy. The amount of insurance and extent of coverage shall be established by the property owner(s). If at any time during the term of this permit, the Applicant's insurance coverage lapses, is cancelled or suspended, this permit shall automatically terminate and the Applicant shall cease operations hereunder (Certificates of Insurance shall be submitted to the Town Planning Department). 2. Applicant agrees to indemnify and hold the Town harmless from all cost, loss, damage, expenses (including attorney and expert fees) and claim liability of any and every kind (collectively "Claims!) that may arise as a direct resultof activities that the Applicant is engaged or over which the Applicant has control with ,respect to the use of the above described property pursuant to this permit. The f6r6bbing,shall obligate the Applicant to -, 7- defend any claims, suits or other proceedingsnaming the Town as a defendant on any claim that may arise as'a result of the use,,,,'of=the above desbriopd property pursuant to this permit or the activities authorized ,'under this permit (Indemnification Agreement shall be submitted to Town Planning Department). 3. Attorney Fees. In the event litigation is necessary t6 -enforce the rights of the Town under this Agreement, the Town shall be entitWd,:(o reimbursements of tis reasonable attorney fees and costs of suit, actually incurred during the litigation, as part of its judgment or award. Exhibits: A-Application/Site B -Signage Plan Venga Venga Express Annual Temporary Use Permit Page 6 of 6