HomeMy WebLinkAboutcoa.lu.tu.501 e hyman.0063.2010 THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0063.2010.ASLU
PARCEL ID NUMBER 2737 18 22 4001
PROJECTS ADDRESS 501 E. HYMAN
PLANNER JENNIFER PHELAN
CASE DESCRIPTION TEMP FOOD VENDING
REPRESENTATIVE KATE LIN(AN
DATE OF FINAL ACTION 11.17.10
CLOSED BY ANGELA SCOREY ON: 06.7.11
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
go/ e • & j4 - vs•- ,
Aspen, CO
STATE OF COLORADO )
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County of Pitkin )
S C OX la (name, please print)
b itI
being or represen ing an Applicant to the City of •span, Colorado, hereby personally certify that
I have complied with the public notice requirements of Section 26.304.060 (E) or Section
26.306.010 (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 no later than fourteen (14) days
after final approval of a site specific development plan. A copy o the publication is
attached hereto.
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 no later than fifteen (15) days after
an Interpretation has been rendered. A copy of the publication is attached hereto.
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this C3 day
of , 20f/Q, by Aga •
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WITNESS MY HAND AND OFFICIAL SEAL
ft P LIE NOTICE My commi r e pirgs:I I aaa
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Dreby gi en APPROVAL
Notice general o
of a f hereby to the plan, , and
the approval f aae elf development
e vested right pursuant tto
the creation nd U of a d of the prly Aspen T
and t le
the Land Use Code r City of Aspn Statutes,- and Title j Notary Public
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City Bank Building,
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cart within thear o r frtheriPomtlVencin- ATTACHMENTS• ••"
cart within the arcade. For t tM1er information con- � : •• .., lrf
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tact Jenniler Phelan, a ll Cityy of Aspen
Community Dev Dept.. S. Galena St, / f
Aspen, Colorado (9]O) 920 -5090_ j CORY J. • 0
of As h en COPY OF THE PUBLICATION ' i C R Y J. ' '
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Published in The Aspen Times Weekly on Decem f r ^ i
ber 12, 2010. [5920923] r,,74...... ry....��y
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My Commission Expires 05/0912012
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.
Arcades Associates Ltd., LLC, C/O Kruger and Co., 400 E. Hyman Ave., Aspen, CO
81611.
Property Owner's Name, Mailing Address and telephone number
Lots A,B,C and D, Block 95 of the Eames City and Townsite of Aspen and commonly known as
501 E. Hyman Ave. Aspen, CO 81611
Legal Description and Street Address of Subject Property
Temporary Outdoor Food Vending within arcade
Written Description of the Site Specific Plan and /or Attachment Describing Plan
Administrative approval 12/2/10
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
December 12, 2010
Effective Date of Development Order (Same as date of publication of notice of approval.)
June 2,2011
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 12 day of December, 2010, by the City of Aspen Community
Development Director.
y.lb
.tA► �.� . �� \ 74
s B:tln, Community Develosm. ' irector
NOTICE OF APPROVAL
TEMPORARY USE PERMIT TO ALLOW A FOOD VENDING CART TO
OPERATE WITHIN THE UTE CITY BANK BUILDING'S INTERIOR ARCADE,
LOCATED AT 501 E. HYMAN AVE.
Parcel ID No. 2737- 18 -2 -45 -002
APPLICANT: Kate Linehan
REPRESENTATIVE: Ruth Kruger
SUBJECT & SITE OF APPROVAL: Ute City Bank Building, at 501 E. Hyman Ave,
involving the approval of Temporary Food Vending for the installation of Local Flavor,
a farm stand and juice bar cart.
SUMMARY:
The Applicant has requested Temporary Food Vending approval for the purpose of
locating her farm stand and juice bar cart, replacing the former Dark Horse Alley, in the
interior arcade space at the Ute City Bank Building. The Applicant has proposed a start
date of November 8` at the location.
STAFF EVALUATION:
Pursuant to section 26.470.060 (7), Temporary Food Vending, of the City of Aspen Land
Use Code (hereinafter Code), Temporary Food Vending is permitted in the Commercial
Core (CC) and Commercial Lodge (CL) zone districts when specific review criteria are
met. Per the review criteria/operational requirements, the applicant is proposing the
following:
Requirement Proposal
Location CC or CL zone CC
Months of operation 6 months 6 months
Hours of operation 8am to 5 pm
Mon -Sat
List of products Seasonal produce and food
products, fresh juices
Area of vending site < 50 sq. ft. +/- 49 sq. ft.
The applicant has provided verification from the building owner and tenants within the
building granting permission to operate. Also, the city's Environmental Health
department has approved the proposed operation. The operation may begin on the date of
this approval.
Page Iof4
DECISION:
Staff finds that the Temporary Food Vending application provided by the Applicant
should be granted. The location, at the Ute City Bank Building, is appropriate for
the food vending cart and the proposal meets the design, location, and operation
requirements of section 26.470.060 (7) of the land use code.
APPROVED BY: -�
II,,l Dee- 2 .2oto
is tendon Date
Community Development Director
Attachments:
Exhibit A — Temporary Food Vending Standards
Exhibit B — Application
Page 2of 4
Exhibit A: Review Criteria
7. Temporary food vending. Temporary Food Vending on private property or public property
that is subject to a mall lease for food vending or outdoor restaurant seating in the Commercial
Core (CC) or Commercial Lodge (CL) Zone Districts shall be approved, approved with
conditions or denied by the Community Development Director based on the following criteria:
a. Location. All outdoor food vending shall be located in the Commercial Core (CC) zone
district. Temporary food vending may operate in interior arcades of buildings within the
Commercial Core and Commercial Lodge zone districts only if the approval of the
property owner and of all businesses that have access in the arcade has been granted. The
temporary operation shall under no circumstance be located in the public right -of -way.
The normal operation of the food cart, including line queues, shall not inhibit the
movement of pedestrian or vehicular traffic along the public right -of -way. Other criteria
that all applications must be in compliance with:
1) Multiple vending sites shall not be allowed for any single owner or entity.
2) The food cart shall be in a consistent location as is practically reasonable and not
intended to move on a daily basis throughout the duration of the permit.
3) The food vending cart shall be placed in a location that does not interfere with
required emergency egress or pose a threat to public health, safety and welfare. A
minimum of six (6) foot ingress /egress shall be maintained for building entrances and
exits.
4) Before a food vending cart can begin operating, it must receive approval from the
property owner and all adjacent businesses.
Staff response: The cart is located within the CC zone district within an interior
arcade. The owner only operates out of this one location, is located within a set area
of the arcade, does not interfere with ingress or egress, and has received approval to
operate from adjacent businesses within the Ute City building.
b. Operation Plan. The Applicant shall create an operation plan to include in all letters that
seek approval from the property owner or adjacent businesses. The operation plan shall
contain the following information, at a minimum:
1) Months of intended operation
2) Hours of operation
3) Location
4) Comprehensive list of all food and beverage being served.
If any element of the operation plan is altered after a Temporary Outdoor Food Vending
permit has been issued, the Community Development Director has the ability to revoke
the issued permit.
towards this calculation. Food carts may have a sandwich board sign in accordance with
the regulations found within Chapter 26.510.
Staff response: The Applicant has agreed to meet the signage requirements.
h. Abandonment. The City of Aspen may remove an abandoned food vending operation, or
components thereof, in order protect public health, safety, and welfare. Costs of such
remediation shall be the sole burden of the property owner.
Staff response: The review criterion is not applicable.
i. Environmental Health. An application to the Community Development Director for
temporary outdoor food vending shall only be submitted and approved subsequent to
submitting and obtaining approval of a food service plan from the Environmental Health
Department. The area of outdoor food vending activities shall include recycling bins and
a waste disposal container that shall be emptied daily and stored inside at night and when
the outdoor food vending activities are not in operation. Additionally, no outdoor, open -
flame char- broiling shall be permitted pursuant to Municipal Code Section 13.08.100,
Restaurant Grills.
Staff response: The Applicant has received approval from the Environmental Health
Department.
j. Affordable Housing Waiver. The Community Development Director shall waive
affordable housing mitigation fees associated with the temporary new net leasable square
footage being created by outdoor food vending activities.
k. Year -round Operation. The outdoor food vending activities may occur year- round. An
application for an approval of temporary outdoor vending activities shall not constitute
nor be interpreted by any property owner, developer, vendor, or court as a site specific
development plan entitled to vesting under Article 68 of Title 24 of the Colorado Revised
Statutes or Chapter 26.308 of this Title. Approvals granted in this subsection are subject
to revocation by the City Manager or Community Development Director without
requiring prior notice.
1. Maintenance and public safety. An application for temporary outdoor food vending
activities shall not diminish the general public health, safety or welfare and shall abide by
applicable City regulations, including but not limited to building codes, health safety
codes, fire codes, liquor laws, sign and lighting codes, and sales tax license regulations.
Staff response: The Applicant has agreed to meet applicable city regulations.
ATTACHMENT 2 —LAND USE APPLICATION
'ROJECT:
Name: ,CO CS 7 C- G_ Vtir rryi- a7<c.-7-L-c)' WV \
Location: , 5 O / • y-c1/ytL 4 v--E ('/n ecr en— zQz._)
d
(Indicate street address, lot & block number, le:al descri'tion where a..ro.riate /
Parcel ID # (RESUMED 92-2 00
APPLICANT:
Name: Fat_ L ie
7 f h6
Address: � f ) 77o ! /- a ez--60- z
Phone #: q 70 - 7t - (G g
REPRESENTATIVE:
Name:
Address: •
Phone #:
TYPE OF APPLICATION: (please check all that apply):
❑ GMQS Exemption ❑ Conceptual PUD
❑ Temporary Use
❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment
❑ Special Review ❑ Subdivision ❑ Conceptual SPA
❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA
Margin, Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/
Expansion
❑ Residential Design Variance ❑ Lot Line Adjustment Other: Tim P. Food
❑ Conditional Use
Vetaidvi
EXISTING CONDITIONS: (description of existing build js, uses, previous a.provals, etc.)
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
!aye you attached the following? FEES DUE: $ 5 D, CD
j 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
VII plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text
Vlicrosoft Word Format) must be submitted as part of the application. Large scale projects should include an
ectronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3 -1) model.
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
•
CITY OF ASPEN (hereinafter CITY) and C( {` / V lc_ A -4"\
(hereinafter APPLICANT) AGREE AS FOLLO S:
1. APP (CANT has submitted to C,! Y a application f C ir-
etd
1 & --
•
(hereinafter, THE PROJECT).
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$ 50 • e6 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, including post approval review at a rate of $245.00
per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and
in no case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN APPLICANT
By: By: ' Cr
ChrisBendon /7 `v
Community Development Director Da e:
Billing Address and Telephone Number:
�. c , 43O7 1
C o
970 - i /, 5 - tOg
i.z
10 /12 /2010 07:10 FAX 001
October 11, 2010
City of Aspen
130 South Galena,
Aspen, CO 81611
To Whom It May Concern,
Wo are pleased to have Kate Linehan with her "Local Flavors" concept in the interior
space in the Ute City Bank Building. We encourage her continued the process to gain the
approvals to use the atrium.
Please consider this our approval for the use of the space. Please let us know if there is
anything else you need to proceed.
Sincerely,
Q s-
amen E. Cox, Owner
Ruth Kroger, Property Manager
Ruth Kruger
To: Nancy Cox
Subject: FW: Ute City Building- Vendor
From: Ruth Kruger
Sent: Monday, October 11, 2010 6:00 PM
To: 'Kirk Wong'; Nancy Cox
Subject: FW: Ute City Building- Vendor
Dear Jim Nancy and Kirk,
Kate would like to know if you would give her approvals to submit her concept for approvals for the City. She will be
taking over the same space that Wendy had with a slightly different concept explained Mehoattacitedifiocal Flavor
f
She will only be allowed the 50 SF with no mitigations. If you would like her to proceed with the approvals, please print
and sign the attached letter and fax it to me.
Ruth
Ruth Kruger, CCIM, CIPS, FIABCI, RSPS
9Cruger and Company
400 East Hyman Avenue
Aspen, Colorado, 81611
888 - 920 -4001 970 - 920 -4001
Cell 970 - 404 -4000 Fax 970 - 920 -4007
1
October 12, 2010
City of Aspen
130 South Galena,
Aspen, CO 81611
To Whom It May Concern,
We are pleased as neighbors to welcome Kate Linehan and her concept of "Local
Flavors" into the interior space in the Ute City Bank Building.
Please consider this our approval for the Temporary License.
Sincerely,
Jim Cupit, Owner, Black Pearl
70-144./ a
Patty Patterson, Owner, Bloomingbirds, Inc.
Brian E. Leach, owner, CWB Enterprises, Inc. dba Wind River Gallery
--::- \ -
• _ hmid, General Manager Aspen, Burberry
o .---2
Gisele Leal, Owner, Von Freytag Vintage
.wee cz_f6
October 12, 2010
City of Aspen
130 South Galena,
Aspen, CO 81611
To Whom It May Concern,
We are pleased as neighbors to welcome Kate Linehan and her concept of "Local
Flavors" into the interior space in the the City Bank Building.
Please consider this our approval for the Temporary License.
Sincerely,
Jim Cupi , Owner, Black Pearl
Patty Patterson, Owner, Bloomingbirds, Inc.
Brian E. Leach, owner, CWB Enterprises, Inc. dba Wind River Gallery
Michele Broser, General Manager, Burberry
alibghS—
.. •
To Whom It May Concern:
I have reviewed Kate Linehan's Operation Plan for her business and hereby submit my
approval for her to operate her business in the Ute City Building of which I am a tenant
and the owner of boutique vonFreytag LLC.
I am out of the country for a few months and am traveling to remote places where I do
not have easy access to intemet, fax or cell service; therefore please accept this email as
my formal consent for Kate's business.
Sincerely,
Giselle Leal
owner, vonFreytag LLC
501 E Hyman Ave
in the Ute City Building
Aspen, CO 81611
ged&k CYL y i
- -- On Thu, 10/14 0
26.470.060.7 - Temporary food vending. Temporary Food Vending on private property or public
property that is subject to a mall lease for food vending or outdoor restaurant seating in the Commercial
Core (CC) City of Aspen Land Use Code or Commercial Lodge (CL) Zone Districts shall be approved,
approved with conditions or denied by the Community Development Director based on the following
criteria:
a) Location. All outdoor food vending shall be located in the Commercial Core (CC) zone district.
Temporary food vending may operate in interior arcades of buildings within the Commercial Core
and Commercial Lodge zone districts only if the approval of the property owner and of all businesses
that have access in the arcade has been granted. The temporary operation shall under no circumstance
be located in the public right -of -way. The normal operation of the food cart, including line queues,
shall not inhibit the movement of pedestrian or vehicular traffic along the public right -of -way. Other
criteria that all applications must be in compliance with:
Applicant Response: The proposed location for the temporary food vending operation is in the
interior arcade space in the Ute City Bank building which is in the CC zone district. The Applicant
has gained the proper owner consent to process the land use application and all adjacent businesses
that have access to the arcade.
The temporary food vending operation will not be located within a public right of way, nor will it
inhibit the movement of pedestrians or vehicular traffic. The site of the operation is off to the side of
the walkway within the Ute City Bank building and will not create pedestrian congestion. (See plan
view of space in submittal packet)
1. Multiple vending sites shall not be allowed for any single owner or entity.
Applicant Response: The Applicant acknowledges that this will be the only food vending operation
on or within the subject property. The Applicant acknowledges that only one approval can be granted
per request.
2. The food cart shall be in a consistent location as is practically reasonable and not intended to
move on a daily basis throughout the duration of the permit.
Applicant Response: The Applicant's operation will be stationary within the interior of the Ute City
Bank building and will not be moving throughout the duration of the permit.
3. The food vending cart shall be placed in a location that does not interfere with required
emergency egress or pose a threat to public health, safety and welfare. A minimum of six (6) foot
ingress/egress shall be maintained for building entrances and exits.
Applicant Response: The Applicant commits to not interfering with emergency ingress/egress. The
operation will not pose a threat to public health, safety, or welfare. As stated above, the operation
will be secluded to a side of arcade space and so that emergency access will always be maintained.
4. Before a food vending cart can begin operating, it must receive approval from the property owner
and all adjacent businesses.
Page 1 of 4 P1» #: 2 73 7182240 01
Applicant Response: Included in this submittal packet are letters from the property owner and all
adjacent businesses within the Ute City Bank Building.
b) Operation Plan. The Applicant shall create an operation plan to include in all letters that seek
approval from the property owner or adjacent businesses. The operation plan shall contain the
following information, at a minimum:
1. Months of intended operation
2. Hours of operation
3. Location
4. Comprehensive list of all food and beverage being served.
If any element of the operation plan is altered after a Temporary Outdoor Food Vending permit has
been issued, the Community Development Director has the ability to revoke the issued permit.
Applicant Response: Included in the submittal packet is the operation plan. This plan was furnished
to the property owner and all adjacent businesses when consent approval was sought. The owner of
the Ute City Bank building and the adjacent businesses are aware of the operating plan and have
provided consent. Consent letters have been affixed to the submittal packet.
The Applicant acknowledges that if the operating plan is altered after the vending permit has been
issued, the Community Development Director may revoke the permit.
c) Duration. The temporary food vending operation shall be permitted to operate for a period of six (6)
months. The six (6) month period shall begin on the same the date that the Notice of Approval is
signed by the Community Development Director. This six (6) month period may not be separated into
non - consecutive periods. Once the six (6) month timeframe has expired, the operation shall be subject
to an additional review and permit process. The Community Development Director shall consider a
returning vendor's past performance in considering a permit renewal. This shall include, but shall not
be limited to, input from the Environmental Health Department, Chief of Police, special event staff,
and feedback from adjacent businesses.
Applicant Response: The Applicant acknowledges all of the above.
The Community Development Director may require a temporary cancelation of operations to
accommodate special events, holidays, or similar large public gatherings. Such action will be taken if
it is determined that the food cart will create a public safety issue or create an excessive burden on the
event activities. The Community Development Director may revoke the permit and cause removal of
the vending operation if the vendor fails to accommodate such a request.
Applicant Response: The Applicant acknowledges that this may occur.
d) Fee. The permit fee for a food vending cart shall be the current fee listed in Land Use Code Section
26.104.070, Land use application fees.
Applicant Response: The Applicant commits to paying the $50 fee for review of this application.
Page 2 of 4 P1D #: 273718224001
e) Size. The area of outdoor food vending activities does not exceed fifty (50) square feet. The area of
outdoor food vending activities shall be defined as a counter area, equipment needed for the food
vending activities (e.g. cooler with drinks, snow cone machine, popcorn machine, etc.), and the space
needed by employees to work the food vending activity.
Applicant Response: The Applicant commits to the 50 square foot limitation.
f) Number. The number of Temporary Outdoor Food Vending carts allowed within the City of Aspen at
any given time shall be limited to four (4). This number shall be based upon valid Land Use
Applications approved by the Community Development Director. Food vending locations within
interior arcades are exempt from this limitation.
Applicant Response: Because the Applicant has proposed a temporary food vending operation
within an interior arcade space, the Applicant is exempt from this limitation.
g) Signage. Signage for temporary food vending carts shall be exempt from those requirements found
within Land Use Code Section 26.510, Signs, but not excluding Prohibited Signs. The total amount of
signage shall be the lesser of fifty percent (50 %) of the surface area of the front of the cart, or six (6)
square feet. Sign(s) shall be painted on or affixed to the cart. Any logos, lettering, or signage on
umbrellas or canopies counts towards this calculation. Food carts may have a sandwich board sign in
accordance with the regulations found within Chapter 26.510.
Applicant Response: The commits to following the signage standards mentioned above.
h) Abandonment. The City of Aspen may remove an abandoned food vending operation, or components
thereof, in order protect public health, safety, and welfare. Costs of such remediation shall be the sole
burden of the property owner.
Applicant Response: The Applicant acknowledges that the City of Aspen may remove the vending
operation if abandoned. It is not the Applicant's intention to abandon the cart but to remove at the
end of the life of the permit or reapply for another permit.
i) Environmental Health. An application to the Community Development Director for temporary
outdoor food vending shall only be submitted and approved subsequent to submitting and obtaining
approval of a food service plan from the Environmental Health Department. The area of outdoor food
vending activities shall include recycling bins and a waste disposal container that shall be emptied
daily and stored inside at night and when the outdoor food vending activities are not in operation.
Additionally, no outdoor, open -flame char- broiling shall be permitted pursuant to Municipal Code
Section 13.08.100, Restaurant Grills.
Applicant Response: The Applicant has simultaneously submitted a food service plan to the EH
Department. The Applicant is aware that the Director may not issue a permit until a food license is
obtained.
j) Affordable Housing Waiver. The Community Development Director shall waive affordable housing
mitigation fees associated with the temporary new net leasable square footage being created by
outdoor food vending activities.
Applicant Response: The Applicant acknowledges that the Director will waive the affordable
housing mitigation fee for this permit.
Page 3 of 4 PID #: 2 73 718224 001
k) Year -round Operation. The outdoor food vending activities may occur year -round. An application for
an approval of temporary outdoor vending activities shall not constitute nor be interpreted by any
property owner, developer, vendor, or court as a site specific development plan entitled to vesting
under Article 68 of Title 24 of the Colorado Revised Statutes or Chapter 26.308 of this Title.
Approvals granted in this subsection are subject to revocation by the City Manager or Community
Development Director without requiring prior notice.
Applicant Response: The Applicant is aware that approval of this application does not constitute a
site specific development plan and therefore is not vested.
1) Maintenance and public safety. An application for temporary outdoor food vending activities shall
not diminish the general public health, safety or welfare and shall abide by applicable City
regulations, including but not limited to building codes, health safety codes, fire codes, liquor laws,
sign and lighting codes, and sales tax license regulations.
Applicant Response: The Applicant will not diminish the general public health, safety, or welfare
and will abide by all applicable city regulations mentioned above.
Page 4 of 4 PID #: 273718224001
-
Local Flavor Farm - stand...Plan of Operation
The intention of 'Local Flavor Farm - stand' is to bring high quality local and organic food items to the
public with a simple and straightforward approach: from the Farm to you!
The following is a comprehensive list of all items intended to be sold at 'Local Flavor:
Organic, Locally grown produce including, but not limited to: salad greens, apples, potatoes, carrots, beets,
turnips, pumpkins, squash, onions, kale and other seasonal produce items.
Items made -to- order: Fresh fruit and vegetable juices using all organic and local produce.
Products to be sold: Local honey; local jams and spreads; locally made mustard; locally made granola; locally made
pasta; locally made breads.
All items will be stored, prepared and sold in accordance with Environmental Health rules and
regulations for both the proposed vendor site as well the use of an approved commissary.
1. It is the vendor's intention to operate for the allowable 6 month permitting duration beginning
immediately following application approval.
2. The intended hours of operation would be from 8am to 5pm, open Monday thru Saturday.
3. The proposed site for the vendor operation is located within the Ute City Bank Building
(intersection of Hyman and Galena) in the atrium of the building adjacent to the interior
staircase.
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CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Drew Alexander, 970 -429 -2739 DATE: 09/16/10
PROJECT: 501 E Hyman Ave, Food Vending
APPLICANT: Kate Linehan; kdlinehan @gmail.com
TYPE OF APPLICATION: Temporary Food Vending
DESCRIPTION:
The Applicant is requesting approval for a Temporary Food Vending permit in order to operate a stand in
the Ute City Bank building located at 501 E. Hyman Ave. The Applicant has not specified the periods of
time when the food stand is intended to operate, but this information will need to be included with the
Land Use Application, in addition to:
• Desired months of operation
• Full list of food being offered
• Location
All of this information should be included in the Applicant's Operation Plan. The operation plan shall be
included in the letters of approval that must be signed by the property owner(s) or owner's
association(s). This location is in an interior arcade, so the Applicant must obtain approval from all
businesses that share access along the arcade space.
The Applicant will need to comply with the criteria established in Section 26.470.060(7), Temporary
Outdoor Food Vending. Below is a link to the Land Use application Form for your convenience.
http: / /www. aspenpitkin.com /Portals /0 /docs/City /Comdev /Apps %20and %20Fees /land useappform. pdf
Land Use Code Section(sl
26.304 Common Development Review Procedures
26.470.060(7) Temporary Outdoor Food Vending
Follow link below to view the City of Aspen Land Use Code
http: / /www. aspenpitki n. com /Depa rtments /Com m un ity- Development/Plan n inq- and -Zon i nq/Title -26-
Land- Use -Code/
Review by: Community Development Staff for complete application
Public Hearing: Not required for this review.
Planning Fees: $50 for Administrative Community Development Staff Review
Total Deposit: $50
Total Number of Application Copies: 2 Copies, including appropriate drawing for board review
(HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = 2)
To apply, submit the following information:
E Total Deposit for review of application.
fl Pre - application Conference Summary.
n 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.
n Street address and legal description of the parcel on which development is proposed to occur,
O Completed Land Use application and signed fee agreement.
n 2 copies of the complete application packet and maps.
n 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 § 26.470.060(7)
Temporary Outdoor Food Vending.
A drawing depicting the size of the temporary use (not to exceed fifty (50) square feet).
CI A site plan depicting the location of the temporary use.
I If applicable, a signed letter from the owner of the business that the temporary use will be
operating by or in association with.
CI Signed letters from those restaurant or retail businesses that the temporary use will be
operating adjacent to.
In A signed letter from the property owner.
I Proof of approval from the Environmental Health Department for a food service plan.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is
based on current zoning, which is subject to change in the future, and upon factual representations
that may or may not be accurate. The summary does not create a legal or vested right.
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