HomeMy WebLinkAboutcoa.lu.tu.427 E Hyman Ave.0072.2009THE 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 11/212009
THE Cm of AsPea
Fee Wa[72r Request Form
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 PLANNING
Applicant Name: Wepitly NArJ0n1 67N.tr'tt- ContactPh.#
Mailing address: F0 box 4343311, Aeri:N-_J C6 816(a
E -mail
Project name &address: L)-^2K• U- Eor+ -srC iFc4FY TEmp
Use.
1 o&AY71JA t•t WTEAroR Ala ZRbE 0 JT-P,
GfTV (TANK • 501 e HVM.4N.
Fee Breakdown:
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
Applicant Signature
For office use only: _ n
Type of fees waived:
<APPROVED ❑ DISAPPROVED
Akk ,
Community Development Director
Date
Total fees waived: $
e
Original Fee
Requested
Original Fee
Requested
Fee Description
Amount
Waiver
Fee Description
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
Applicant Signature
For office use only: _ n
Type of fees waived:
<APPROVED ❑ DISAPPROVED
Akk ,
Community Development Director
Date
Total fees waived: $
CITY OF Qili COMMUNITY MVELOPMENT DEF-'%RTMENT
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.
ELIGIBfLI'fY CRITE9IA
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.
r
l i ' 3*' V r i:, l , 3 t a , 1
General Fund Departments s irtdude:
Non - Departmental
City Council
City Manager
Personnel
City Clerk
City Attorney
Risk Management
City Finance Department
Community Development
Engineering Department
'EFlaing Department
Environmental Health
Police Department
Records
001.00
001.03
001.05
001.06
001.07
Streets Department
Parks Department
GIS Department
IT Department
Special Events
001.09 Recreation Activities
001.10 ,._'�, Aspe itkcrotioncwikf,'ARC►
001.11 Ice Garden Operations
001.13
001.15
001.21
001.25
001.31
001.33
001.39
Cons. Trust FD /Lottery
*Capital Projects
Asset Management Plan (AMP)
*Tabor Capital Projects
Outgoing Transfers
NOTE* Capital Projects are not
001.41
001.55
001.60
001.61
001.70
001.71
001.72
001.74
001.75
001.90
001.91
001.94
001.95.
DEVELOPMENT ORDER
!i WITI'l
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.
Description of the Site Specific Plan and /or Attachment
Approval by the City of Aspen City Council for a Temporary Use Permit under Resolution 86
Series of 2009, October 26, 2009
Approval(s) Received and Dates (Attach Final Ordinances or
November 8 2009
Effective Date of Development Order (Same as date of publication of notice of approval.)
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 28thth day of October, 2009, by the City of Aspen Community
Development Director.
Chris Ben&&,- 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
Vt1a
I►/ Z��
TO: Mayor Ireland and City Council
THRU: Chris Bendon, Community Development Director ALIf
FROM: Drew Alexander, Community Development, Planner Technician 3: `
RE: Dark Horse Alley — Ute City Bank Building, 427 & 501 East Hyman Avenue
Temporary Use Permit — Public Hearing
Resolution NoBlp 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 comer 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 280i,
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.
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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.�qQ , 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
P53
RESOLUTION NO. �
(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 28`h, 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 furthers 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
s^ '"•,
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 Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
Resolution No. _, Series 2009. Page 2
P55
Ex mrr 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' through May 28`x'. 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
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 .M&
or welfare. Staff finds this criterion to be met. 1—
DHA Temp Use Comments. Page 2
C'rr���'^►A' P57
DARK HORSE ALLEY
f1rT 01 2009
VI I 1 yr r%OrtN
,OMMUNITY DEVELOPMENT
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
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`' 2009 thru May
28`h, 2010, WITH OPTION TO RENEW CITY PERMIT, IF THE EXTENSION a
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.
I
P.O. Box 8433
Aspen, Colorado 81612
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61
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,
m Cupit, 0 , Black Pearl
qataty O Patterson, Owner, Bloomingbirds, Inc.
Brian E. Leach, owner, CWB Enterprises, Inc. dba Wind River Gallery
Michele Broser, General Manager, Burberry
A;&4xy4WP "deaKIp "Of
400 E. HYMAN AVENUE • ASPEN, COLORADO, 81611 - PHONE: 970.920.4001 • FAX: 970.920.4007
P65
P66 ^ I
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;
A t, O `earl
ally 6atterson, Owner, Bloomingbirds, Inc.
—�
Brian E. Leach, owner, CWB Enterprises, Inc. dba Wind River Gallery
Michele Broser, General Manager, Burberry
400 E. HYMAN AVENUE • ASPEN, COLORADO, 81611 • PHONE: 970.920.4001 • Fax: 970.920.4007
09/29/09 TQE 03:13 FAX 510 947 4309 JAIMS E C01
970- 920 -4007
09- 29- 09:02:02PM:Krugar and COmPenY
September 26, 2009
City of Aspen
City Council
130 South Galena,
aspen, CO 81611
Dear Esteemed Council Ylembers,
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,
10
1
Jam�es�E. Cox 0i��
Ruth Kruger, Property Manager
�OPO¢7
# 2/ 2
tea` a�raf Co�r/�a�r�
_ s.,..,�. 970.920.QOD1 •
FAX: 970.920.6007
P6ID/02/09 FRI 22:29 M 510 04369 JAKES E Cox
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 his
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.
(t ) yq Jo r
ames E. Cox Date:
IM 002
IOWA
To whom it may concem:
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
evanMd oacbell.net
RECEIVED
OCT to Zp09
COMM TY C) I A-SP
NELOPMENT
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Parcel Detail
P70
'^1
Pitkin County Assessor /Treasurer
Parcel Detail Information
Page 1 of 3
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
Taa Area
Account Numberjj
Parcel Number 2008 Mill Levy
001
R000493
273718216007
Owner Name and Address
C JAMES E & NANCY
KRUGER & CO
E HYMAN AVE
EN, 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
Land A
10
Land S Ft:
13,200
2009 Property Tag Valuation Information
Actual Value Assessed Value �I
Land: 6,600,000 1,775,140
O
Parcel Detail
.s tit Page 2 of 3
P71
Sale Date: 7/17/1982
Sale Price: 940,000
Basic Building Characteristics
Number of Residential
0
Buildings:
Number of Comm/Ind
2
Buildings:
6,600
Tax Information
No Tax Records Found
Top of Page
Assessor Database Search Options I Treasurer Database Search Options
Pitkin County Home Page
Commercial/Industrial Building Occurrence 0 Characteristics
OFFICE SECOND FLOOR: 115,050
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: JIG670D
BASE
Interior Wall:
GOOD -BASE
Nei hborhood:
COA COMMERCIAL "A" CORE
Tax Information
No Tax Records Found
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Pitkin County Home Page
P72
0
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
(Z�„ Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
O cp- 13t-6gE 5: oo_F -,n , 20o q
STATE OF COLORADO )
ss.
County of Pitkin )
I -ex, c�)GUI (name, please print)
being or representinj 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.
ignat
The foregoing "Affidavit of Notice" was acknowledged before me this 2q day
of S&0 (r .vyt L0,r 200 0, by eel a �cc>f e
IM chae IG Irel nd M r
Aspen Clry uicl
Iblished in the Aspen Times Weekly an
iptember 2y, 2009. [4058581]
WITNESS MY HAND AND OFFICIAL SEAL
My c'�o //mmission expires:
Notary Public
ATTACHMENTS AS APPLICABLE:
TE PUBLICATION
IPH OF THE POSTED NOTICE (SIGN)
CE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
T CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BYC.R.S. §24 -65.5 -103.3
P74
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
Al?D OF PROPERTY:
r' (L /k ,
.. a ':
1
SCHEDULED PUBLIC HEARING DATE: p
Q 70 .200 /
STATE OF COLORADO )
ss.
County of Pitkin )
I, rGb{ -`f " p rW E r (name, please print)
being or representing an Applicadto the City of Aspen, Colorado, hereby personally
pertify 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 fi een (15) days prior to; the public hearing
and was continuously visible from the 4day of — a%12Aa' ' 200,7 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(Ex2) 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)
P75
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 ansendnsent. 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.
TA�
Signature
The foregoing "Affidavit of Notice" was aciowledged before � me th�is� day
of , ?0 (4, by
WITNESS MY HAND AND OFFICIAL SEAL
�nlln
My commission expires: oul
Li
e�cJo
� �,? • : �� ary Public
ATTACHMENTS AS APPLICABLE:
• COPY OF THE PUBLICA TION
• PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYAWL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24- 65.5 -103.3
d®.
Eile Edit getord O tyft Form Reports Format Iab lbelp
I^Wl
I&RUn ICustam F(elds Igctions FM Parc* Fee Swam Sub Drab I Adacments
ROWV stab. IRM&V 4 ►�
Perrrrt Type laski _j Aspen Land Use Permit i 10072,2009.ASLU
Address 427 E HYMAN AVE J AptjSufte
City ASPEN State CO Zip 81611 J
- Permit Irrformatkn _.
Master Permit r J Routing Queue aslu07 AppBed 1oj30/2009
Project I J Status ending Approved F_J
Description TEMP USE PERMIT Issued I - J
FhM FJ
SubmRted IWENDY SMITH Clock Running Days Expres 10/25x2010 J
ow br
Last Name COX J Fist Name JAMES E & NANCY 304 5 GALENA 5T
A
Phone (970) 925 -2450 ASPEN C081611
r Owner IS Appfwnt7.. _...
Applicant_
Last Name SMITH J Pest Name WENDY PO BO %8433
Phone (970)309 -6699 Cust N 28608 ASPEN C081612
. .ender_
Last Name FJ First Name F
Phone
Permit lenders full address AspenGoldlbl _ _�� Record 1 of 1-
cap , KAY()
�V_fv .
Is all
''''T `? 1 2009
Li t t yr n x'tN
'OMMUNITY DEVELOPMENT
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 v
concept, agreeing that the added mobile, temporary vendor will increase customer
N
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`' 2009 thru May
28`h, 2010, WITH OPTION TO RENEW CITY PERMIT, IF THE EXTENSION J
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,
i
1'endy Nanon Smith
P.O. Box 8433
Aspen, Colorado 81612
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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,
M^ Cam` l
m Cupit, Owner, Black Pearl
q tty O Patterson, Owner Bloom ngbirds, Inc.
Brian E. Leach, owner, CWB Enterprises, Inc. dba Wind River Gallery
Michele Broser, General Manager, Burberry
Z�up
A;V "d 1 dowlp"00
400 E. HYMAN AVENUE • ASPEN, COLORADO, 8151 1 • PRONE: 970.920.4001 • FAX: 970.920.4007
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,
�r�Black m Cupit, Own ea rl
qatty 6atterson, Owner, Bloomingbirds, Inc.
-�4�;;
Brian E. Leach, owner, CWB Enterprises, Inc. dba Wind River Gallery
Michele Broser, General Manager, Burberry
lt;oqy4e Q7a eOlMr067ff
400 E. HYMAN AVENUE • ASPEN, COLORADO, 81611 • PHONE: 970.920.4001 • FAX: 970.920.4007
r
09/29/09 TUE 03:13 FAX 510'x47 4309
pg_29- 09 :02:02PM:Krugar and Company
September 26, 2009
City of Aspen
City Council
130 South Galena,
Aspen, CO 81611
Dear Esteemed Council Members,
-.
JAMES E COX
910- 920 -4007
We are pleased to welcome Wendy Nanan and her concept and coffee wagon, Dark
14orse [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,
&james E. Coat, Owner
4ZIQ�902---
Ruth Kruger, Property Manager
ao01
2/ 2
kowuywo "d coppw
600 E. HYMAN AVENUE - ASPEN. COLORADO- 81811 • PHONE: 970.920,4001 • FAX: 970.920.4007
10/02/09 FRI 22:29 FAX 510 47 4309 JAMES E COX R 002
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.
(�mes 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(a)pacbell. net
RECEjVED
OCT 1 ?009
ciry or
�pMMGNITV pA� PMENT
Parcel Detail 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 IFAccou nt Number Parcel Number 2008 Mill Levy
001 11 R000493 11 273718216007
Owner Name and Address
(JAMES E & NANCY
KRUGER & CO
E HYMAN AVE
'EN, 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
Ph sical Address:
427 E HYMAN AVE ASPEN
Subdivision•
CITY AND TOWNSITE OF
ASPEN
Land Acres:
0
Land S Ft:
13,200
2009 Property Tax Valuation Information
I1 __]I Actual Value 11 Assessed Value
Land: 11 6,600,00011 1,775,140
httr):// www. i)itkinassessor .org/assessor/Parcel .asp ?AccountNumber= R000493 10/13/2009
Parcel Detail - Page 2 of 3
Sale Date: 7/17/1982
Sale Price: 940,000
Basic Building Characteristics
Number of
Number of
Tax Information
No Tax Records Found
Ton of Page
Assessor Database Search Options I Treasurer Database Search Options
Pitkin CounV Home Page
httD: / /www.Ditkinassessor. org /assessor/Parcel .asp ?AccountNumber= R000493 10/13/2009
Commercial/Industrial Building Occurrence 0 Characteristics
OFFICE SECOND FLOOR:
15,050
MERCH FIRST FLOOR:
6,600
MERCH BASEMENTI
WAREHOUSE:
3,500
Total Area:
15,150
Property Class:
MERCHANDISING -
IMPROVEMENT
Actual Year Built,
1900
Effective Year Built:
11990
Quality of Construction:
GOOD -BASE
Exterior Wall:
GOOD BASE
Interior Wall:
GOOD -BASE
Neighborhood:
JCOA COMMERCIAL "A" CORE
Tax Information
No Tax Records Found
Ton of Page
Assessor Database Search Options I Treasurer Database Search Options
Pitkin CounV Home Page
httD: / /www.Ditkinassessor. 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 �PR�O���P�ERTY:
� � 60,e V �, , ..ir4 , Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
200q
STATE OF COLORADO )
) ss.
County of Pitkin )
1 Scr' (-c'� (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)
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.
Signat
The foregoing "Affidavit of Notice" was acknowledged before me this :2q day
ofg�2+nJI T 2000 by `�P.ic� Z—>Ccd"
sMt p
c
Published In the Aspen Times Weekly on
September 2], 2009. [4058591)
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: (
_"e4r���
Notary Public
ATTACHMENTS AS APPLICABLE:
TEPUBLICATION
tPH OF THE POSTED NOTICE (SIGN)
rE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
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
A DRE S OF PROPERTY:
Aspen, CO
SCHEDULED PUBLIC HEARING DATE: p
a�lerAy 200
STATE OF COLORADO )
) ss.
County of Pitkin )
4"&t4 -wl L. W1 Iwwn
I, rplym PtOer (name, please print)
being or representing an Applicaneto 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 ILprior 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)
merrrll.siule (hrnrr ,'ulrr�- P tine �'��i:,ed t,iima lil ioice. nl���.'C_ t
�y.l if 9:ed, t0 ul fei;ted illl ilir 11 date itA' ll Crs bV' t -si Mill 1 W ill 1,
nc date ticheduled fir the initial public hearing cn the application of
deg clopment. I lie names and addresses of mineral estate Dinners shall be those
on the current tax records of Pitkin Countv..At a minimum. Subdivisions that
create more than one lot. Planned (Alit Developments, Specially Planner Areas.
and COWAPs are subject to this notice requirement.
2erorzh:� or (e.>7 crme�:clntrn(. Whenever the official zoning district neap is in
any \aay 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. whcthcr such
revision be made by repeal of this Title and enactment of a new land use
egulation. or otherwise, the requirement of an accurate survey map or other
sufficient legal description of. and the notice to and listing of navies and
addresses of owners of real property in the area of the proposed change shall be
vwaived. However. the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (I�) day s
prior to the public hearing on such amendments.
��
Signature
The foregoing ••Affidavit of Notice'
-- was ac iow,le�dq g ed be�f I�re Umthis ay
of , h ,g1by..t+i
—
WITLESS MY HAND AND OFFICIAh SEAL
�i
� '� � My commission expires:_�
�-
ti ary Public
ATTACHMENTS AS APPLICABLE:
• COPY OF THE PUBLICA TION
• PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OW "HERS A'OTICE
AS REQUIRED BY C.R.S. §24 -65.5 -103.3
MEMORANDUM
)(111 to
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 No/ , Series of 2009, to October 26, 2009."
RECEIVESOF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL LAND USE APPLICATION PACKET t f
SEP ].5 2009
CITY Ur A61JEN
COMMUNITYDEVROPMENT
s
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
3. Dimensional Requirements Form
4. Matrix of Land Use Application Requirements /Submittal Requirements Key
5. 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 intemet 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.
n
ATTACHMENT
t
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.
I
RF�F/
SF yF
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENr� 0 "'15 boo
Agreement for Payment of City of Aspen Development Application Fees ', /'rVSp�C`9
CITY OF ASPEN (hereinafter CITY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:
NT has submitted to CITY an application for n5 1 \ / a \
,Aa e-n�r'- a-n Inc— in A VLU- V�(r
(hereinafter, THE PROJECT). 6 C -r Q \Pwk
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, ino&uding post approval review at a rate of $245.00
per planner hour over the initial deposit. Such periodic payments s II be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shi 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
By: t
Chris Bendon
Community Development Director Date: —f!:Lk• 1'J , 2-0
Billing Address and Telephone Number:
Q.a . V S4 ?� (1 cT v� )I L ( Z
0
203 . <6 I S. R33
•%
ATTACHMENT 2 —LAND USE APPLICATION
'Ri�iJECT:
Name:
Location:
Parcel ID # (REQUIRED)
APPLICANT•
Name:
Address:
REPRESENTATIVE:
Name:
Address:
Phone #:
(Indicate street address, lot & block number, leadl description wherd'appropridte)
Ill I
owl! i v
•
TYPE OF APPLICATION: (please check all that apply):
• ,l
Have you attached the following? FIl DUE: $ V ka-la MOCA
] Pre - Application Conference Summary a fm4le 5.
] 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 11" 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
electronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3 -D model.
❑
GMQS Exemption
❑
Conceptual PUD
Temporary Use
❑
GMQS Allotment
❑
Final PUD (& PUD Amendment)
❑
Text/Map Amendment
❑
Special Review
❑
Subdivision
❑
Conceptual SPA
❑
ESA — 8040 Greenline, Stream
❑
Subdivision Exemption (includes
❑
Final SPA (& SPA
Margin, Hallam Lake Bluff,
condominiumization)
Amendment)
Mountain View Plane
❑
Commercial Design Review
❑
Lot Split
❑
Small Lodge Conversion/
Expansion
❑
Residential Design Variance
❑
Lot Line Adjustment
Other:
❑
Conditional Use
• ,l
Have you attached the following? FIl DUE: $ V ka-la MOCA
] Pre - Application Conference Summary a fm4le 5.
] 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 11" 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
electronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3 -D model.
Project:
Applicant:
Location:
Zone District:
Lot Size:
Lot Area:
ATTACHMENT
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.) i
Commercial net leasable:
Existing:
Proposed:
Number of residential units:
Existing:
Proposed:
Number of bedrooms:
Existing.
Proposed:
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area:
Existing:
Allowable:
Proposed:
Principal bldg. height:
Existing:
Allowable:
Proposed:
Access. bldg. height:
Existing:
Allowable:
Proposed:
On -Site parking:
Existing:
Required:
Proposed:
% Site coverage:
Existing:
Required:
Proposed:
% Open Space:
Existing:
Required:
Proposed:
Front Setback:
Existing:
Required:
Proposed:
Rear Setback:
Existing:
Required:
Proposed:
Combined F /R:
Existing:
Required.•
Proposed.
Side Setback:
Existing:
Required:
Proposed.
Side Setback:
Existing:
Required:
Proposed:
Combined Sides:
Existing.
Required:
Proposed:
Distance Between
Existing
Required:
Proposed:
Buildings
Existing non - conformities or encroachments:
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ATTACHMENT 4- CONT'D- SUBMITTAL KFY
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') feel.
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
1 " =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 lets hand
side of the sheet and a one -half (1/2) 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.
.h,
ATTACHMENT
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
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.
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
�.A J=!t, 6o.r,Jk _�_, Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
(D& 13N612 5'.0pFr- 200q
STATE OF COLORADO )
) ss.
County of Pitkin )
I, sc_C'4 ') (name, please print)
being or representinA an Applicant to the City cf 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)
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.
c:'e�► s
'SignatuA
The foregoing "Affidavit of Notice" was acknowledged before me this 29 day
of *!�VVea, l(o 2000, by tiar�lP��n Z>c- f
sm -be is ini aM
Asps Cary Council
sw.,,h 1 in the As Times Weekly on
September D, 2009. [A059591]
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
Notary Public
ATTACHMENTS AS APPLICABLE:
FIE PUBLICATION
4PH OF THE POSTED NOTICE (SIGN)
IE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
"T CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24- 65.5 -103.3