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Town Council Resolution 05 2010SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 5 SERIES OF 2010 A RESOLUTION CONCERNING AN ANNUAL TEMPORARY USE PERMIT FOR MAGIC BUZZ COFFEE AND CHAT FOR A COFFEE SALES KIOSK TO BE LOCATED IN THE PLAZA AT BASE VILLAGE. WHEREAS, the Magic Buzz Coffee and Chai Company, Applicant, is requesting approval of an Annual Temporary Use Permit ("ATUP") that would allow a commercial coffee sales kiosk to be located in the Base Village Plaza; and WHEREAS, Section 16A-5-260 of the Snowmass Village Municipal Code ("Municipal Code") provides a mechanism for the Town to consider 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; and WHEREAS, Section 16A -5-260(b) of the Municipal Code establishes a Review Procedure for Annual or Administrative Temporary Use Permits; and WHEREAS, Section 16A -5-260(c) Application Contents of the Municipal Code sets forth the minimum contents for temporary use applications; and WHEREAS, Section 16A -5-260(d) of the Municipal Code establishes the Review Standards for temporary use permits; and WHEREAS, the Applicant submitted an application for a Temporary Use Permit within Base Village on November 13, 2009 to the Town of Snowmass Village Planning Department; and WHEREAS, a public meeting was held by the Planning Commission on December 9, 2009 to receive public comment and to approve Resolution No. 18, Series of 2009 containing their recommendations to Town Council; and WHEREAS, the Town Council discussed the application on December 21, 2009; and WHEREAS, a public hearing was conducted by the Town Council on January 4, 2010 to receive public comment and to consider a Resolution regarding the Annual Temporary Use Permit application. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Snowmass Village, as follows: Section One: Findings. The Town Council finds that: 1. The application has been submitted in accordance with requirements of Section 16A-5- 260, Temporary uses of the Municipal Code. 2. The proposal does not conflict with the Purposes of temporary uses within the Town. 3. The proposed temporary use application does meet the provisions of the Review Procedure set forth in Section 16a -5-260(b) of the Municipal Code. 4. The proposed temporary use does comply with the Review Standards established in Section 16A -5-260(d) of the Municipal Code. TC Reso 10-05 Page 2 Section Two: Action. In accordance with the findings stated in Section One of this Resolution, the Town Council approves with conditions the Annual Temporary Use Permit to allow a commercial coffee sales kiosk to be located in the Base Village Plaza, as further described within the application dated November 13, 2009, subject to the Conditions outlined below in Section Three of this Resolution. Section Three: Conditions. The following Conditions shall apply to the issuance of this Annual Temporary Use Permit: 1. The location shall be "Option 1" as shown within the application. 2. No improvements shall be placed within the fire lane and final review and approval shall be given by the Aspen Skiing Company and Snowmass-Wildcat Fire Protection District prior to commencing operations. 3. The ATUP shall be granted for a one (1) year period provided the Town receives no substantive complaints regarding the operation. Should complaints be received that are not addressed by the Applicant, the Planning Director may require that modifications be made to this permit or recommend to the Town Council that the permit be rescinded. 4. No additional signage permitted, with the exception of the existing signage shown in the application and a two (2) square foot menu board, without approval by the Planning Director pursuant to the Base Village Comprehensive Sign Plan. 5. Deliveries shall be scheduled to minimize impacts during morning ingress and evening egress. 6. The permit may not be administratively authorized for,renewal without Town Council review and approval. 7. All Pitkin County Environmental Health Department requirements be satisfied prior to and during operation. 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. Section Five: Enforcement. Obligations herein this Ordinance shall be binding on the Applicant, its affiliates, successors and assigns. INTRODUCED, READ, AND APPROVED on First Reading by the Town Council of the Town of Snowmass Village, Colorado on this 4th day of January, 2010, upon a motion made by Council Member Mordkin and the second by Council Member Wilkinson, upon a vote of 4 in favor and 1 opposed. Council Member Lewis was opposed. ATTEST: /I� �;& Rhonda Coxofi, Town Clerk APPROVED A$ TO FORM: John. Dresser, Jr., Town%ttor�ey TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor