The URL can be used to link to this page

Home My WebLink Aboutcoa.lu.tu.427 E Hyman Ave.0072.2009TEMP USE PERMIT 2737 18 2 16 007 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0072.2009.ASLU 2737 18 2 16 007 427 E. HYMAN AVE CHRIS/DREW TEMP USE WENDY SMITH 10.30.2009 CLOSED BY Angela Scorey on 11/2/2009 6 9 Fee Wader Request Form THE Cny of A5PLN City of Aspen Community Development Department This form should be completed and submitted to the Community Development Director for review. You will be notified when a decision has been made to waive or not to waive the fees regarded in this request form. For what fees are you requesting waiver? ❑ BUILDING y"�. PLANNING Applicant Name: WE,it1y tJM o ti1 �,►t T rt' Contact Ph.# Mailing address: en. E3Qx $4331 Aspaiv C6 8 16 (a E-mail address: Project name & address: Aau. y4oz5r— At..rY Temp, Use. ie-e- 7,fm1 k Lai I�sT&Z f oR �}-/2 cAb E c� 0T-6 61 Ty B ANK- a S 01 e H vM.4N . Fee Breakdown: E Fee Description Original Fee Requested Fee Description Original Fee Requested Amount Waiver Amount Waiver Energy Code Fee REMP Fee Excavation Foundation Fee Zoning Review Fee Inspection Fee Planning Application Fee Permit Fee HPC Application Fee Plan Check Other: TOTAL OF FEE WAIVER REQUEST $ Reason for Waiver: General Fund Department ❑ Waived or decreased by City Council (specify ordinance or other decision document) Other -Please explain: G4� Ad- 6*-Jy`ik Applicant Signature For office use only: e---% Type of fees waived: <APPROVED ❑ DISAPPROVED Community Development Director Date Total fees waived: $ a- CITY OF ffEN COMMUNITY DEVELOPMENT DE(gTMENT FEE WAIVER POLICY PURPOSE Fee waivers to eligible individuals and organizations submitting for building permit or land use application may be considered upon filing a fee waiver request form to the Community Development Department. Approval of fee waiver requests may be made by the Community Development Director, according to the adopted fee policy of the City of Aspen. Costs for all building permit and land use applications, other than those waived by the Community Development Director, shall be paid as specified by the fee policy; prior to the issuance of building permits and at the time of submittal of land use applications. PROCESS Fees administered by the Community Development Department can only be waived by submitting a completed fee waiver form to the Community Development Director. The request shall contain a description of the project along with a statement expressing eligibility for fee waiver. The Community Development Director will review the request and give approval or disapproval in accordance with provisions set forth in this policy. The Community Development Director does not have the ability to waive fees administered by other City Departments or other organizations. All organizations and individuals seeking fee waiver MUST submit their written request to the City of Aspen Community Development Director prior to submitting the building permit or land use application. The approved fee waiver must then be presented at the time the building permit or land use application is submitted to the building or planning departments. ELIGIBfLPTY CRITERIA General Fund Departments do not pay fees to the Community Development Department for building permits or planning applications, with the exception of Capital Projects. The fees waived for these projects will be tracked by the Community Development Department (journal entries are therefore unnecessary). In effort to keep paperwork and applications consistent, General Fund Departments shall still be required to submit the approved fee waiver with all applications for building and planning applications. General Fund Department include: Non -Departmental 001.00 Streets Department 001.41 City Council 001.03 Parks Department 001.55 City Manager 001.05 GIS Department 001.60 Personnel 001.06 IT Department 001.61 City Clerk 001.07 Special Events 001.70 City Attorney 001.09 Recreation Activities 001.71 Risk Management 001.10 ,." t Aspe'i{bcreation.CentojRQ 001.72 City Finance Department 001.11 Ice Garden Operations 001.74 Community Development 001.13 Cons. Trust FD/Lottery 001.75 Engineering Department 001.15 *Capital Projects 001.90 'B,ciilaing Department 001.21 Asset Management Plan (AMP) 001.91 Environmental Health 001.25 *Tabor Capital Projects 001.94 Police Department 001.31 Outgoing Transfers 001.95. Records 001.33 CoTY bnications 001.39 NOTE* Capital Projects are not exempt from feet 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. James Cox, C/O Kruger and Co., 400 E Hyman Ave., Aspen, CO 81611 Property Owner's Name, Mailing Address City and Townsite of Aspen, Block: 89, Lot: Thru I E 6' of G, All of H & I Legal Description and Street Address of Subject Property Approval of a Temporary Use Permit to allow a food vending cart to operate in the interior arcade at the Ute City Bank Building. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval by the City of Aspen City Council for a Temporary Use Permit under Resolution 86, Series of 2009, October 26, 2009 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) November 8, 2009 Effective Date of Development Order (Same as date of publication of notice of approval.) November 9, 2012 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 28th1h day of October, 2009, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan pertaining to the following legally described property: Block: 89, Lot: Thru I E 6' of G, All of H & I, City and Townsite of Aspen, the property commonly known as 427/501 E. Hyman Avenue by order of the City of Aspen City Council on October 26, 2009. The Applicant received a Temporary Use Permit to operate a food vending cart in the interior arcade space at the Ute City Bank Building. For further information contact Drew Alexander, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2739. s/ City of Aspen Publish in The Aspen Times on November 8, 2009 P51 • MEMORANDUM • TO: Mayor Ireland and City Council THRU: Chris Bendon, Community Development Director ��klvirll FROM: Drew Alexander, Community Development, Planner Technician :(:� RE: Dark Horse Alley — Ute City Bank Building, 427 & 501 East Hyman Avenue Temporary Use Permit — Public Hearing Resolution No.& Series of 2009. DATE: October 26, 2009 Land Use Request: Wendy Nanon Smith, owner of the Dark Horse Alley food cart currently operating on Cooper Avenue, is requesting a Temporary Use Permit to operate her vending cart inside the Ute City Bank Building located at the corner of Galena and Hyman. She serves a variety of coffees, teas, salads, panini, sandwiches, etc. The cart would be placed inside the interior mall space that serves multiple businesses. The Applicant has the support of adjacent businesses and the building owner. If approved, the temporary use permit will be valid for six months starting November 28`n, 2009, Staff Recommendation: Approval. Applicant: James Cox, building owner. Wendy Nanon Smith, vending cart operator. Representative: Ruth Kruger, Property Manager Location: The Ute City Bank Building, corner of Hyman Avenue and Galena Street. 501 East Hyman Avenue, a.k.a. 427 East Hyman Avenue. SUMMARY: The owner of the Dark Horse Alley food vending cart would like to operate from within the Ute City Bank Building. The City has traditionally treated vending carts as commercial development, requiring affordable housing mitigation, parking, etc. The City amended its codes in 2002 allowing outdoor vending operations on 6-month permits. The Dark Horse Alley cart has operated under one of these permits along Cooper Avenue (on private property) this past summer. P52 • The City Council recently directed City staff to asses the City's codes and provide additional flexibility for these types of operations. The process of drafting new laws will • likely take some time, more time than would meet the needs of this applicant. Staff suggested the applicant pursue a temporary permit for this winter season. Staff has not heard complaints about the Cooper Avenue operation. In fact, comments have been positive. The Applicant has agreed to obtain all necessary food preparation permits and health inspections. The temporary use process allows City Council to approve concepts that do not necessarily meet the City's codes. Temporary Use permits do not vest or become grandfathered entitlements. Staff supports this application and believes the operation will bring some desired activity to this interior space. The applicant will need to keep signage to within the City's codes, and those details can be worked -out with staff. Staff recommends the Temporary Use Permit be granted. RECOMMENDATION: Staff is recommending approval. RECOMMENDED MOTION: " I move to approve Resolution No.6 Series of 2009, approving a temporary permit for the Dark Horse Alley to operate in the Ute City Bank Building." CITY MANAGER COMMENTS: ATTACHMENTS: A — Temporary Use Criteria B — Application • 0 ------------ --- - • P53 • RESOLUTION NO. �F�P (Series of 2009) A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING A TEMPORARY USE APPROVAL FOR A FOOD VENDING CART IN THE INTERIOR ARCADE SPACE AT THE UTE CITY BANK BUILDING, 427 & 501 EAST HYMAN, ASPEN, COLORADO. Parcel ID: 2737-182-24-001 (501 E. Hyman) WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, James Cox and Wendy Nanon Smith, represented by Ruth Kruger, have submitted an application for a Temporary Use Permit to place a food vending cart in the interior arcade of the Ute City Bank Building located at 427 and 501 East Hyman Avenue. Temporary food vending from carts is only allowed outdoors but may be approved indoors as a temporary use; and, WHEREAS, the operation is expected to begin on November 28th, 2009, and be in place no longer than six (6) months unless an extension is requested; and, WHEREAS, the Community Development Department has reviewed the temporary use application and recommends that the City Council approve the temporary use permit; and, • WHEREAS, the Aspen City Council has reviewed and considered the temporary use request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, City Council finds that the proposed temporary use is consistent with the character and existing land uses of the surrounding parcels and neighborhood and that granting the temporary use permit will not adversely impact the community or the neighborhood; and, WHEREAS, the City Council finds that the temporary use request meets or exceeds all applicable development standards and that the approval of the proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution f u-thers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1: In accordance with Section 26.450.020 of the Aspen Municipal Code, the City Council of the • City of Aspen, Colorado, does hereby grant James Cox and Wendy Nanon Smith a temporary use permit to install a food vending cart in the interior arcade of the Ute City Bank Building which may operate for the period of November 28, 2009, through May 28, 2010. Resolution No. —, Series 2009. Page 1 P54 • • Section 2: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, Adopted, Passed, and Approved on this _ day of , 2009, at a duly noticed public hearing before City Council. APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Worcester, City Attorney ATTEST: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor • • • Resolution No. _, Series 2009. Page 2 P55 • Ex mIT A Dark Horse Alley REVIEW CRITERIA & STAFF FINDINGS: 26.450.030 Temporary Use When considering a development application for a temporary use, City Council shall consider, among other pertinent factors, the following criteria: The location, size, design, operating characteristics, and visual impacts of the proposed use. Staff Finding: The installation will be visible from within the property. The vending cart will be installed within the mall space of the Ute City Building. Staff believes that the size and design of the temporary installation will not create substantial negative visual impacts and the limited timeframe for the installation will not cause any long-term impacts. Staff finds this criterion to be met. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. • Staff Finding: This vending cart is compatible with the commercial uses in the building and is expected to compliment the existing businesses. The applicant does have the support of adjacent businesses. Staff finds this criterion to be met. The impacts of the proposed use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. Staff Finding: Staff does not believe that the installation will have any negative impacts on vehicular traffic, traffic patterns, municipal services, noise levels. The property has capacity for additional pedestrian use. Staff does not expect any substantial effect upon the neighborhood character. Staff finds this criterion to be met. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Finding: The installation is expected to run from November 28 h through May 28 '. Previous temporary uses have not been approved for this site. This cart operator has operated • under a temporary use permit on Cooper Avenue and there are no outstanding issues with the cart. Staff finds this criterion to be met. DHA Temp Use Comments. Page 1 P56 • 0 The purposes and intent of the zone district in which the temporary use is proposed Staff Finding: • The Ute City Bank building is zoned Commercial Core. The temporary cart is in keeping with the purposes and intent of the zone district. Staff finds this criterion to be met. . The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed Staff Finding: The recent examples and experience of food vending carts has been well received. Staff expects this operator to continue to operate in a manner consistent with the peroprty owner's and,the City's expectations. No significant changes to this property or the surrounding area have occurred that would affect this request. Staff finds this criterion to be met. How the proposed temporary use will enhance or diminish the general public health, safety, or welfare. Staff Finding: The applicant has agreed to obtain all necessary food preparation permit and food inspections. Staff believes this use does not represent a threat to the public health, safety • or welfare. Staff finds this criterion to be met. J DHA Temp Use Comments. Page 2 P57 DARK HORSE iA".LrEy' RittlV6' NET ,'I 1 zoos {.I1 7 vv r1Jt'tN 'OMMUNITY QEWLOPWNT DARK HORSE ALLEY will offer a place to get a cup of coffee or soup inside the public area of the Ute City Bank Building. The mobile cart will be parallel to the staircase, 6 feet out from the staircase, and taking up approximately 10 feet length of space (60 s.f.). No flow of traffic will be disturbed. The land owner, the leasing agent, and the current tenants all eagerly support the concept, agreeing that the added mobile, temporary vendor will increase customer itraffic to their stores and create a warm, inviting ambiance to the currently empty passageway. C The suggested months of operation will be from November 28`h 2009 thru May 28`h, 2010, WITH OPTION TO RENEW CITY PERMIT, IF THE EXTENSION OF PERMITABLE TIME IS ALLOWD. My operation will only increase retail sales in existing spaces, as well as add revenue to the city. My operation will not contradict or compete with any other food or retail product in this area of town. Thank you for your consideration. iP.O. Box 8433 Aspen, Colorado 81612 0 • • • -AILL. .MEOW% 41 • Z7 - at "win 0 • "lei !0, PU 174 0 • P65 • September 26, 2009 City of Aspen City Council 130 South Galena, Aspen, CO 81611 Dear Esteemed Council Members, We are pleased as neighbors to welcome Wendy Nanan and her concept and coffee wagon, Dark Horse Alley, into the interior space in the Ute City Bank Building. We hope that this will help to enliven the area and give her a warm environment in which to serve her snacks and beverages. Please consider this our approval for the Temporary License. Sincerely, • 1m Cupit, Owne ,Black Pearl q t�attelson Owner Blaoroin birds Inc. Y Blooming birds, E. Leach, owner, CWB Enterprises, Inc. dba Wind River Gallery Michele Broser, General Manager, Burberry • /tie-u 0_ff6(%#r aV 400 E. HYMAN AVENUE 0 ASPEN, COLORADO, 8161 1 • PHONE: 970.920.4001 ' FAX: 970.920.4007 P66 0 is September 26, 2009 • City of Aspen City Council 130 South Galena, Aspen, CO 81611 Dear Esteemed Council Members, We are pleased as neighbors to welcome Wendy Nanan and her concept and coffee wagon, Dark Horse Alley, into the interior space in the Ute City Bank Building. We hope that this will help to enliven the area and give her a warm environment in which to serve her snacks and beverages. Please consider this our approval for the Temporary License. Sincerely, �ICAUpit, Own ,Black Pearl • — l� qat1ty O Wj1jjA---atterson, Owner, Bloomingbirds, Inc. Brian E. Leach, owner, CWB Enterprises, Inc. dba Wind River Gallery Michele Broser, General Manager, Burberry • 400 E. HYMAN AVENUE 0 ASPEN, COLORADO, 8161 1 0 PHONE: 970.920.4001 • FAX: 970.920.4007 A 09/29/09 TUE 03:13 FAX 510 947 4309 JAMES E COX • 09-29-09:02:02PM:Krugar ;nd COMWY September 26, 2009 City of Aspen City Council 130 South Galena, Aspen, CO 81611 Dear Esteemed Council Members, :970-920-4007 We are pleased to welcome Wendy Nanan and her concept and coffee wagon, Dark iarse Alley, into the interior space in the Ute City Bank Building. We hope that this will help to enliven the area and give her a warm environment in which to serve her snacks and beverages. Please consider this our approval for the Temporary license. • Sincerely, Iames E. Cox, owner Y� Ruth Kruger, Property Manager • [IOPOP7 2/ 2 nnA 9 HymAN AVENUE • ASPEN, COLOP-iBO, a 15 11 PHomE: 970.92-0-4001 •Fax: 970.920.d007 P 6 E 0/02/09 FRI 22: 29 FAX 510 104369 JAGS E Cox 11002 LIMITED DURABLE POWER OF ATTORNEY This Limited Power of Attorney is intended for use during periods when I will be outside the United States of America in connection with foreign travel. I hereby appoint and authorize Kirk E. Wong to execute all documents required to be executed by me. Unless a third party has received its revocation, this Limited Durable Power of Attorney may be relied on by third parties with whom my attorney -in -fact may deal, without evidence of my location or foreign travel status. ames E. Cox �y "'l l0 Date: .7 E 0 • To whom it may concern: I Kirk Wong has been granted Power of Attorney on behalf of Jim Cox hereby authorize the property manager of the Ute City Building one Ruth Kruger to represent the ownership in regards to the kiosk at the council meeting 10/26/2009. Ruth Kruger is authorized to represent the ownership of the Ute City Building on all matters regarding the kiosk for the Ute City Building. Feel free to contact me if there are any queries at all about this authorization being granted. Regards, Kirk Wong evan28(IPacbell.net REcEIVED OCT j. Zoaa CI rY of vOMMUN��10PMN ENT 0 Parcel Detail • • Page 1 of 3 P70 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail Residential/Commercial Improvement Detail Land Detail Photographs Tax Area Account Number Parcel Number IF2008 Mill Levy 001 R0004-93311 273718216007 Owner Name and Address COX JAMES E & NANCY C/O KRUGER & CO 400 E HYMAN AVE ASPEN, CO 81611 Legal Description Subdivision: CITY AND TOWNSITE OF ASPEN Block: 89 Lot: G AND:- Lot: Thru ISubdivision: CITY AND TOWNSITE OF ASPEN Block: 89 Lot: G AND:- Lot: Thru I E 6' OF G, ALL OF H & I. Location Physical Address: 427 E HYMAN AVE ASPEN Subdivision: CITY AND TOWNSITE OF ASPEN L 10 Land Sq Ft: 13,200 2009 Property Tax Valuation Information • • Ls+—..//-- ... .+:4acr%70rrrnintNtimher=R00049i 1nil3n_n09 Parcel Detail • Page 2 of 3 P71 • E • Improvements: 9,150,00011 2,460,980� Total: 15,750,000 4,236,1 00 Sale Date: 7/17/1982 Sale 7Price: 940,000 Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 2 Buildings: Commercial/Industrial Building Occurrence 0 Characteristics OFFICE SECOND FLOOR: 5,050 MERCH FIRST FLOOR: 6,600 MERCH BASEMENT WAREHOUSE: 3,500 Total Area: 15,150 Property Class: MERCHANDISING - IMPROVEMENT Actual Year Built: 1900 Effective Year Built: 1990 Quality of Construction: GOOD -BASE Exterior Wall: GOOD BASE Interior Wall: GOOD -BASE Neighborhood: COA COM2v ERCIAL "A" CORE Tax Information No Tax Records Found Top of Page Assessor Database Search Options I Treasurer Database Search Options Pitkin County Home Page P72 • • AFFIDAVIT OF PUBLIC NOTICE • REQUIRED BY SECTION 26.3304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: �.k t�� (� e:�c.. to �n.` b.�.� _,Aspen, CO SCHEDULED PUBLIC HEARING DATE: & I V'e 5. , 200 q STATE OF COLORADO ) ss. County of Pitkin ) 1, 'S c a4 '(-� (name, please print) being or representing 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) of the Aspen Land Use Code in the following manner: C/ 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 fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. • Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) • P73 • Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. • ASigna The foregoing "Affidavit of Notice" was acknowledged before me this 2q day of�� V614Ar , 2000, by LTIIC KRE: UTE CITY BUILDING FOOD VENDING TEMPOR RY USE NOTICE IS HEl I GIVEN that a Public hearing will be heldoneesday, October 13th, 2009, at a meeting to at 5:v0 p.m. before the Aspen City CoU ,e Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Kruger & Co. on behalf of Aspen Arcades 6 As to allow a temporary Food vending use to operate within th.Life City Bank Building's interior arcade. The location does lot meet the limitations of the City's Temporary Dutdoor Food Vending regulations, but may be approved as a temporary use. The property owner, I am Cox of Aspen Arcades and Associates, 3284 >urmont Dr., Lafayette, CA 94549. 925-938-0919 vial be represented by Kruger & Co., 400 E. iyman Ave, Aspen, CO 81611, 970.920-4001. "he Life City Bank Building is located at Sot E. iyman Ave, Aspen, CO 81611. and is legally escribed as CITY AND TOWNSITE OF ASPEN lock: 95 Lot: A Thru D, parcel ID No. 73716224001, Aspen, Colorado 81611. For rityrthr information, contacl Drew Alexander at the ity of Aspen Community Development epartment, 130 S. Galena St., Aspen, CO 81611. 70) 429-2739, drew alexanderf-i asven S/Michael r. Ireland Mavvr Aspen City Council iblished in the Aspen Times Weekly on Vember 27, 2D09. (4p58591] WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS AS APPLICABLE: TE PUBLICATION tPH OF THE POSTED NOTICE (SIGN CE OWNERS AND GOVERNMENTAL A GENCIES NO TICED T CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 P74 0 AFFIDAVIT OF PUBLIC NOTICE • REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE A1�DRE S OF PROPERTY: Aspen, CO J* SCHEDULED PUBLIC HEARING DATE: N �✓ Zo , 200 / STATE OF COLORADO ) ) ss. County of Pitkin ) I, NtC r (name, please print) being or representing an Applic to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: 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 fifteen (15) • days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one.inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the qy of —fit" , 200,7_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _ klailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) 0 P75 C� • 0 Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Re_oning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foreQoina "Affidavit of Notice" was ac owledged bef re me this _a day of '�_ ?u hJ , 20�, by I �� r� r WITNESS MY HAND AND OFFICIAL SEAL �tinl w /c My commission expires: - �'01ary Public f c, �c v'TECFG ATTACHMENTS AS APPLICABLE: • COPY OFTIIEPUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGA9 • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY3WL • APPLICANT CERTIFICATION OFMIIVER 4L EST,4E OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 PavZe� 10 222,? - 18-z-,G -00 CO? Z- 2-00� File Edit Record lyavigate Form Reports Format Tab Help g� E :J ►}(► ►>,: 8 �F�'�E iJ I !� ��$ lump 1 A�©� ~ J Main LYaluation -'Custom Frelds I fictions Feek Parcels Fee Summary j Sub Qermits Attachments Rogting Status Routing I ► Permit Type laslu Aspen Land Use Permit 0072.2009.ASLU Address 427E HYMAN AVE Aptf Suite City JASPEN State CO Zip 81611 Permit Information -- Master Permit J Routing Queue r1u07 Applied 11013012009 J Project Status 7nding Approved F A Description TEMP USE PERMIT Submitted WENDY SMITH Owner Last Name COX Phone (970)925-2450 f Owner Is Applicant? Applicant Last Name SMITH Clock Running Days j 0 J First Name 3AMES E & NANCY I First Name WENDY Phone (970)309-6699 Cust * 28608 Lender Last Name �— ] Fist Nam Phone Issued r__j Final F J Expires 1012512010 304 5 GALENA ST A ASPEN CO 81611 PO BOX 8433 ASPEN CO 81612 Permit lenders full address AspenGold(b) r - Record: 1 of 1 r M I L, ra� I M 4 6, 1 M-) tj 4az . t*a (elwcc," . am/h . 6- a,4�'j 2009 Li � ► yr n3�''tIV `DMMUN TY DEU.EIOPMW DARK HORSE ALLEY will offer a place to get a cup of coffee or soup inside the public area of the Ute City Bank Building. The mobile cart will be parallel to the staircase, 6 feet out from the staircase, and taking up approximately 10 feet length of space (60 s.£). No flow of traffic will be disturbed. The land owner, the leasing agent, and the current tenants all eagerly support the S t`� concept, agreeing that the added mobile, temporary vendor will increase customer traffic to their stores and create a warm, inviting ambiance to the currently empty passageway. The suggested months of operation will be from November 28`h 2009 thru May 28`h, 2010, WITH OPTION TO RENEW CITY PERMIT, IF THE EXTENSION OF PERMITABLE TIME IS ALLOWD. My operation will only increase retail sales in existing spaces, as well as add revenue to the city. My operation will not contradict or compete with any other food or retail product in this area of town. Thank you for your consideration. Sin ely,/- Wendy Nanon Smith P.O. Box 8433 Aspen, Colorado 81612 i si i MW IP S � . e y p y� +1 H� 7 IT , 4 i ........... ,.. ..........,•,ae.�+r� • , er.�Ut A� v1.% �..�,�, _,[ y � r is r Cynl'i W - a,. f kf. �; �� y I -77I f >v. iy i � ail iirw-, i 70 I -A ! 0 September 26, 2009 City of Aspen City Council 130 South Galena, Aspen, CO 81611 Dear Esteemed Council Members, We are pleased as neighbors to welcome Wendy Nanan and her concept and coffee wagon, Dark Horse Alley, into the interior space in the Ute City Bank Building. We hope that this will help to enliven the area and give her a warm environment in which to serve her snacks and beverages. Please consider this our approval for the Temporary License. Sincerely, AnCupit, Owne ,Black Pearl qattyv0 Patterson Owner Bloomin birds Inc. Bloomingbirds, Brian E. Leach, owner, CWB Enterprises, Inc. dba Wind River Gallery Michele Broser, General Manager, Burberry X46y"16 676(da alr of 400 E. HYMAN AVENUE 0 ASPEN, COLORADO, 81 61 1 6 PHONE: 970.920.4001 0 FAX: 970.920.4007 0 0 September 26, 2009 City of Aspen City Council 130 South Galena, Aspen, CO 81611 Dear Esteemed Council Members, We are pleased as neighbors to welcome Wendy Nanan and her concept and coffee wagon, Dark Horse Alley, into the interior space in the Ute City Bank Building. We hope that this will help to enliven the area and give her a warm environment in which to serve her snacks and beverages. Please consider this our approval for the Temporary License. Sincerely, 1m Cupit, Ow�Black,earl qat. l atterson, Owner, Bloomingbirds, Inc. Brian E. Leach, owner, CWB Enterprises, Inc. dba Wind River Gallery Michele Broser, General Manager, Burberry 1t;r-64(f90& aerd eaml alr 400 E. HYMAN AVENUE 6 ASPEN, COLORADO, 8161 1 * PHONE: 970.920.4001 0 FAX: 970.920.4007 09/29/09 TUE 03:13 FAX 51007 4309 JAMES E COX � 123001 2/ 2 09-29-09:02:02PM:Kruger and COMPBnY September 26, 2009 City of Aspen City Council 130 South Galena, Aspen, CO 81611 Dear Esteemed Council Members. We are pleased to welcome Wendy Nanan and her concept and coffee wagon, Dark Horse Alley, into the interior space in the Ute City Bank Building. We hope that this will help to enliven the area and give her a warm environment in which to serve her snacks and beverages. Please consider this our approval for the Temporary license. Sincerely, Names4 7 L I B. Cox. Owner .l . Ruth Kruger, Property Manager FAX : 97o.920.4007 dQ0 F-. HYMAN AVENUE • ASPEN, COLORaDO, 8161 1 • PHONE. 970.920•4001 10/02/09 FRI 22:29 FAX 510047 4309 JAMES E COX 2002 LIMITED DURABLE POWER OR ATTORNEY This Limited Power of Attorney is intended for use during periods when I will be outside the United States of America in connection with foreign travel. I hereby appoint and authorize Kirk E. Wong to execute all documents required to be executed by me. Unless a third party has received its revocation, this Limited Durable Power of Attorney may be relied on by third parties with whom my attorney -in -fact may deal, without evidence of my location or foreign travel status. ^ r James E. Cox Date: To whom it may concern: I Kirk Wong has been granted Power of Attorney on behalf of Jim Cox hereby authorize the property manager of the Ute City Building one Ruth Kruger to represent the ownership in regards to the kiosk at the council meeting 10/26/2009. Ruth Kruger is authorized to represent the ownership of the Ute City Building on all matters regarding the kiosk for the Ute City Building. Feel free to contact me if there are any queries at all about this authorization being granted. Regards, Kirk Wong evan28 2,)pacbell.net REcEIVED OCT Crryof n �8 PEE NT Parcel Detail 0 Page 1 of 3 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail Residential/Commercial Improvement Detail Land Detail Photographs Tax Area Account Number Parcel Number 2008 Mill Levy 001 R000493 273718216007 Owner Name and Address COX JAMES E & NANCY C/O KRUGER & CO 400 E HYMAN AVE ASPEN, CO 81611 Legal Description Subdivision: CITY AND TOWNSITE OF ASPEN Block: 89 Lot: G AND:- Lot: Thru ISubdivision: CITY AND TOWNSITE OF ASPEN Block: 89 Lot: G AND:- Lot: Thru I E 6' OF G, ALL OF H & I. Location Physical Address: IF427 E HYMAN AVE AS Subdivision: CITY AND TOWNSITE OF ASPEN Land Acres: 0 Land Sq Ft: 13,200 2009 Property Tax Valuation Information http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R000493 10/13/2009 Parcel Detail 6 • Page 2 of 3 Improvements: 11 9,150,00011 2,460,980 Total: 11 15,750,00011 4,236,120 ---------------- Sale Date: 7/17/1982 Sale Price: 940,000 Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 2 Buildings: Comm ercial/Industrial Building Occurrence 0 Characteristics OFFICE SECOND FLOOR: 5,050 MERCH FIRST FLOOR: 6,600 MERCH BASEMENT WAREHOUSE: 3,500 T 115,150 Property Class: MERCHANDISING - IMPROVEMENT Actual Year Built: IF,900 Effective Year Built: I 1990 Quality of Construction: GOOD -BASE Exte IGOOD BASE Interior Wall -][GOOD -BASE Neighborhood: 11COA COMMERCIAL "A" CORE Tax Information No Tax Records Found Top of Page Assessor Database Search Options I Treasurer Database Search Options Pitkin County Home Page http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R000493 10/13/2009 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: i&!_e ak, , V- , Aspen, CO SCHEDULED PUBLIC HEARING DATE: �v�da►-t O c4- 200 C1 STATE OF COLORADO ) ss. County of Pitkin ) I, 4" _0'� S CCU % (name, please print) being or representing 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) of the Aspen Land Use Code in the following manner: C/ 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 fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailsng of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as parfof a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signat The foregoing "Affidavit of Notice" was acknowledged before me this day of S-svf6,iyaf.�� , 200�, by,,1na RE: UTE CITY LBANK TIBUILDING FOOD VENDING TEMPOR RY USE NOTICE HER � f GIVEN that a public hearing will be heldld on;�uesday, October 13th, 2009, at a meeting to , gin at 5:00 p.m, before the Aspen City Cour,60, in the Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Kruger & Co. on behalf of ra food vending usn Arcades &e tosoperate wociates to ithin the Utw a eoCity Bank Building's interior arcade. The location does not meet the limitations of the City's Temporary Outdoor Food Vending regulations but may be temporary ds, o�mCoAspnrcaeanAsociates284 Sunnont Dr., Lafayette, CA 94549, 925-938-0919 will be represented by Kruger & Co., 400 E. Hyman Ave, Aspen, CO 81611. 970-920-4001. The Ute City Bank Building is located at 501 E. Hyman Ave, Aspen, CO 81611, and is legally described as CITY AND TOWNSITE OF ASPEN Block: 95 Lot: A Thru D, parcel ID No. 273718224001, Aspen, Colorado 81611. For further information, contact Drew Alexander at the City of Aspen Community Development D.P. 130 S. Galena St., Aspen, CO 81611. (970) 429-2739, drew afexandergci aspen Co.us. WITNESS MY HAND AND OFFICIAL SEAL My commission expires: L Notary Public ATTACHMENTS AS APPLICABLE: IE PUBLICATION a/MichaeI CC IreIan May- IPH OF THE POSTED NOTICE (SIGN) Aspen City Council Published in the Aspen Times Weekly on CE OWNERS AND GOVERNMENTAL AGENCIES NOTICED September 27, 2009. [4058591] T CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: PUBLICSCHEDULED �&f Zi 00 STATE OF COLORADO } ss. County of Pitkin ) I, r__V_ 14 P X_M e r (name, please print) being or representing an Applicadto the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: 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 fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 4day of _Q;�Vhrte _, 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Ifineral Estate 011•17er Notice. By the certified mailing of notice. return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum. Subdivisions that create more than one lot. Planned Unit Developments, Specially Planned Areas. and C'OWAPs are subject to this notice requirement. Re=oninu or text amenclMent. Whenever the official zoning district map is in any way to be Chan-ed or amended incidental to or as part of a general revision of this Title. or whenever the text of this Title is to be amended. whether such revision be made by repeal of this Title and enactment of a new land use regulation, or other -wise, the requirement of an accurate survey map or other sufficient le,al description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However. the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was ac owledged bef re me this day of u hJ 20( , by ,j-} Cl ldr WITNESS MY HAND AND OFFICIAL SEAL "Ithf'. My commission expires: J2_011 ary Public _c ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED B Y MAIL • APPLICANT CERTIFICATION OFMINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C. R.S. §24-65.5-103.3 MEMORANDUM TO: Mayor Ireland and City Council FROM: Chris Bendon, Community Development Director RE: Dark Horse Alley Vending Cart Temporary Use Permit — Public Hearing Resolution No.&, Series of 2009. DATE: October 13, 2009 SUMMARY: Wendy Smith has applied for a temporary use permit to operate a vending cart in the Ute City Bank Building this winter. This cart has operated on Cooper Avenue under the name Dark Horse Alley. Staff and the applicant are requesting a continuation of this hearing to obtain the necessary owner authorization and to complete the proper noticing for the hearing. RECOMMENDED MOTION: "I move to continue Resolution Noi , Series of 2009, to October 26, 2009." RECEIVE@n OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT bE? 1 5 2009 GENERAL LAND USE APPLICATION PACKET CITY Ur- mSVEN 2 COMMUNITY DEVELOPMENT THE CITY of ASPEN Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Land Use Application Form Dimensional Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key General Summary of Your Application Process 6. Public Hearing Notice Requirements Affidavit of Notice All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the internet at www.aspenpitkin.com , City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold a pre -application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. ATTACHMENT 1 ' CITY OF ASPEN DEVELOPMENT APPLICATION FEE POLICY The City of Aspen, pursuant to Ordinance 52 (Series of 2007), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. 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. In no case will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the next page. 0 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMEN% Nijy ,yS, oy Agreement for Payment ofCityof Aspen Development Application Fees lMCA' CITY OF ASPEN (hereinafter CITY) and \ ) X on �O`J-C'�� / (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for \ r ta yy�o-,-) . U.Q-_&AIR _ CD-,r- -krD �ni in _-Om— (hereinafter, THE PROJECT). 6 ulk-L CA-� \-QUA -VI - 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, in udmg post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments s ,l be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs sh a grounds for suspension of processing, and in no case will building permits be issued until all costs associated wi se processing have been paid. CITY OF ASPEN A By: Chris Bendon Community Development Director By: Date: v c�.� p—� • 2J i WOG% Billing Address and Telephone Number: 4.6 . ip�n"A- 1�4 3 , 0 . o WS - %I F. R3a- ATTACHMENT 2 —LAND USE APPLICATION 'RaJECT: Name: M�N uffu j QQ Location: d� Cp Cci► 6C �� -Q- �``t 6�� i WOA (Indicate street address, lot & block number, legAl description wher appropri te) Parcel ID # (REQUIRED) APPLICANT: Name: _Q,nppo,y� �l2lC 4 Address:.d • VOID D�3 %5 �`n , �0 U� Phone #: ; ,0- q L$ s 3 fit-} REPRESENTATIVE: Name: Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ GMQS Allotment ❑ Special Review ❑ ESA - 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Commercial Design Review ❑ Residential Design Variance ❑ Conditional Use ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Lot Split ❑ Lot Line Adjustment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc. Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion Other: _SV6 coCY L�pr 62-VVZ-" 0-5 a- IDW\A1'kc- T)0.55aC-i Ac, \.VAw<- sre_�u1`nsm�S. PROPOSAL:( (description of proposed buildings, uses, modifications, etc.) �. kksotkU Vk"� -�n \` WC- 0. J`� C0.<'-c Have you attached the following? FE S DUE: $ ] Pre -Application Conference Summary ] Attachment #1, Signed Fee Agreement ] Response to Attachment #3, Dimensional Requirements Form ] Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ] 3-D Model for large project All plans that are larger than 8.5" X I I" must be folded. A disk with an electric copy of all written text ;Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an Aectronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. 04 toed E Project: Applicant: Location: Zone District: Lot Size: Lot Area: ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units: Number of bedrooms: Existing: Proposed: Existing: Proposed: Existing: Proposed: Proposed % of demolition (Historic properties only): 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: _ V � oA 15 W\W G.,m e�y ito� Cox a. oV\ �n t, w`-i�AS wo setiv\ �n 0AVc�c�-L �e ar �f -,e r ara mc\'OIIQi t-eSSD � X 3 d� C ` �- a L O .+ i E N N N = G O -20 I.C. w U C E o fl O U a, O ¢ Q Q o ca 0 t L L z a ._ N N N -- N N -- N N N -- N N 0cc. N N W w z w z OF" zU w A z j Q A V v a U U a U u °� °� Q F, F N< U 0. N CCFGG N N N N F ? F x a A N N z o O Vy, F O O p fk w 064 I as cnC Uzu o N N A A O � A °� O � '�' � Z Lzn c h c u u d � d E L cr xiin� M t _ xd Vi o s M M N o a Vi YY r� � ✓ y Y p� N N �--+ —4 CD N CD N N 01 j M �p M kn 4' • v�i E o M 0 M 0 O O � --i �D .-- [� ° � •� 4 O� �--+ O� .--� M 7 N 00 c � o, M M M V i i 00 00 N N �O � o o N tf i o0 00 00 00 .-� .-� 0 < a .--i �--� N N l— .� C� < c —4 M M G a� l� c F o W z_ w CA S .a w z 9�j �' O Z a `�' p� w A z � Q X W Z a, w w 3 z�� oqa w a ,� A CA v w Q g a a z w, 0 a �^ A> a A z w � C7 W U n 00 O 00 cn F¢ cn F i • C6 w U U u CC O w o 'd Gz. o o O0 ci R L L N N U�U UCL,U UO z 0E"zuIz c z� Aw 6 zz Q c z a W W U a��QNwzw w�'U vFi z U z �� z q �W a.�aaav�W 0U0�aAQd x�dd"a�aN w 0 z ..OaE;Q7aA zAz0 a� �q a Q o d� d d U F r, "4 �4 Q z z> a O O z d U w A 0 a ATTACHMENT 4-CONT'D- SUBMITTAL KEY 1. Land Use Application with 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 act on behalf of the applicant. 2. The street address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of ownership of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 5. A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 12. Accurate elevations (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures; a verification and recordation of the actual elevation in relation to mean sea level to which any structure is constructed; a demonstration that all new construction or substantial improvements will be anchored to prevent flotation, collapse or lateral movement of any structure to be constructed or improved; a demonstration that the structure will have the lowest floor, including basement, elevated to at least two (2) feet above the base flood elevation, all as certified by a registered professional engineer or architect. 13. A landscape plan that includes native vegetative screening of no less than fifty (50) percent of the development as viewed from the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. 14. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. 15. Proposed elevations of the development, including any rooftop equipment and how it will be screened 6. A site plan depicting the proposed 16. Proposed elevations of the layout and the project's physical development, including any rooftop relationship to the land and it's equipment and how it will be screened surroundings. 7. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 8. Plan with Existing and proposed grades at two -foot contours, with five-foot intervals for grades over ten (10) percent. 9. Proposed elevations of the development 10. A description of proposed construction techniques to be used. 11. A Plan with the 100-year floodplain line and the high water line. 17. A sketch plan of the site showing existing and proposed features which are relevant to the review. 18. One (1) inch equals four hundred (400) feet scale city map showing the location of the proposed subdivision, all adjacent lands owned by or under option to the applicant, commonly known landmarks, and the zone district in which the proposed subdivision and adjacent properties are located. 19. A plat which reflects the layout of the lots, blocks and structures in the proposed subdivision. The plat shall be drawn at a scale of one (1) equals one hundred (100) feet or larger. Architectural scales are not acceptable. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches. If it is necessary to place the plat on more than a one (1) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showing the subdivision as it relates to the rest of the city and the street system in the area of the proposed subdivision. The contents of the plat shall be of sufficient detail to determine whether the proposed subdivision will meet the design standards pursuant to Land Use Code Section 26.480.060(3).20. Subdivision GIS Data. 21. A landscape plan showing location, size, and type of proposed landscape features. 22. A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.470. 23. The precise wording of any proposed amendment. 24. Site Plan or plans drawn to a scale of one (I") inch equals ten (10') feet or one (1") inch equals twenty (20') feet, including before and "after" photographs (simulations) specifying the location of antennas, support structures, transmission buildings and/or other accessory uses, access, parking, fences, signs, lighting, landscaped areas and all adjacent land uses within one -hundred fifty (150') feet. Such plans and drawings should demonstrate compliance with the Review Standards of this Section. 25. FAA and FCC Coordination. Statements regarding the regulations of the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC). 26. Structural Integrity Report from a professional engineer licensed in the State of Colorado. 27. Evidence that an effort was made to locate on an existing wireless telecommunication services facility site including coverage/ interference analysis and capacity analysis and a brief statement as to other reasons for success or no success. 28. Neighborhood block plan at I"=50' (available from City Engineering Department) Graphically show the front portions of all existing buildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. (Continued on next page.) Indicate whether any portions of the 35. Exterior Lighting Plan. Show the houses immediately adjacent to the location, height, type and luminous subject parcel are one story (only one intensity of each above grade fixture. living level). Estimate the site illumination as measured in foot candles and include minimum, 29. Roof Plan. maximum, and average illumination. Additionally, provide comparable 30. Photographic panorama. Show examples already in the community that elevations of all buildings on both sides of demonstrate technique, specification, and/ the block, including present condition of or light level if they exist. the subject property. Label photos and mount on a presentation board 31. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half (1 12) inches on the left hand side of the sheet and a one-half (I2) inch margin around the other three (3) sides of the sheet pursuant to Land Use Code Section 26.480.090. 32. A description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open space areas, infrastructure improvements, and site drainage. 33. An architectural character plan generally indicating the use, massing, scale, and orientation of the proposed buildings. 34. A written description of the variance being requested. ATTACHMENT 5 DEVELOPMENT REVIEW PROCEDURE 1. Attend pre -application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre -application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The Applicant will be required to mail notice (one copy provided by the Community Development Department) to property owners within 300 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff s memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. • • ATTACHMENT 6 PUBLIC HEARING NOTICING REQUIREMENTS Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of the property, and mailing to surrounding landowners. Following is a summary of the notice requirements, including identification of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Notice to mineral Estate Owner. An Applicant for surface Development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that the notice has been provided to the mineral estate owners. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of public hearing. n LJ • AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: �-k 6e., C�'Myc-„� , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 200 q STATE OF COLORADO ) ss. County of Pitkin ) 1, CSC 74�� (name, please print) being or representing 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) of the Aspen Land Use Code in the following manner: V 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 fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) 0 • Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ignat The foregoing "Affidavit of Notice" was acknowledged before me this :Zq day of pVPyyL(P 1 , 2000, by �d1^•a e LA Sc.cd<-11 PUBLIC NOTICE RE: UTE CITY BANK BUILDING FOOD VENDING TEMPORGRY USE NOTICE IS HEHk';� ✓ GIVEN that a public hearing will be he! ton Tuesday, October 13th, 2009, at a meeting , begin at 5:00 p.m. before the Aspen City Council, in the Council Chambers, City Hall. 130 S. Galena St., Aspen, to consider an Arca application submitted ssby Kruger & Co. on behalf of Aspen des & Aociates to allow a temporary food vending use to operate within the Ule City Bank Building's interior arcade. The location does not meet the limitations of the City's Temporary Outdoor Food Vending regulations, but may be approved as a temporary use. The property owner, Jim Cox of Aspen Arcades and Associates, 3284 Surmont Dr., Lafayette, CA 94549, 925-938-0919 will be represented by Kruger & Co., 400 E. Hyman Ave, Aspen, CO 81611, 970-920.4001. The Ute City Bank Building is located at 501 E. Hyman Ave, Aspen, CO 81611, and is legally described as CITY AND TOVINSITE OF ASPEN Block: 95 Lot: A Thru D, parcel ID No. 273718224001, Aspen, Colorado 81611. For further information, contact Drew Alexander at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO 81611, (970) 429-2739, drew alexander®ci.asoen.Co.us. s/Michael C. Ireland Mayor Aspen City Council Published in the Aspen Times Weekly on September 27. 2009, [40585911 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: "14 Notary Public ATTACHMENTS AS APPLICABLE: E PUBLICATION PH OF THE POSTED NOTICE (SIGN) s OWNERS AND GOVERNMENTAL AGENCIES NOTICED CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3