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Home My WebLink Aboutcoa.lu.tu.501 E. Hyman.0081.2012 40 THE CITY OF .ASPEN City of Aspen Community Development Department CASE NUMBER 0081.2012.ASLU PARCEL ID NUMBERS 2737 18 2 45 002 PROJECTS ADDRESS 501 E HYMAN PLANNER SARA ADAMS CASE DESCRIPTION TEMP FOOD VENDING REPRESENTATIVE KATE LINEHAM DATE OF FINAL ACTION 11/21/12 CLOSED BY ANGELA SCOREY ON: 7/2/13 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) �j (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) or Section 26.306.010 (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 fourteen(14) days after final approval of a site specific development plan. A copy of 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. S*at _ l'l The foregoing "Affidavit of Notice"was acknowledged before me this w day of 1 '1gl`- % E � ��Zy �&LL, -AAP WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE Of My commission expires: D4 ,► j Q ,� DEVELOPMENT APPROVAL Notice is hereby given to the general public of the �- approval of a site specific development plan,and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24,Article 68,Colorado Revised Statutes,pertain- ing to the follawin,g9.�d��@scribed property:Ute City Bank Building,cgn7FYibtt��ly known as 501 E.Hyman tary Public Ave.,Aspen,C4fol' �1p;81611,by order of the Community Develop[tie7�'t Director on November 21,2012. The Applicant,Kate Linehan,received n�� 1 1�n approval of a Temporary Food Vending cart within `` C the arcade.For further information contact Sara .`P.••••'�••• Adams,at the City of Aspen Community Develop- O•: men)Dept.130 S.Galena St,Aspen,Colorado ATTACHMENTS: (970)429-2778. S/City of Aspen COPY OF THE PUBLICATION 1 JAIDWE Published in the Aspen Times Weekly on Novem- ber29,2012. [8641322] P' "� S File Edit Record Navigate Form Reports Format Tab Help ju�z i svi 4 ! Routing Status Fees Fee 5ummary Main Actions Attachments Routing_N tort' Valuation ArchjEng Custom Fields 15ub Permits I fit , Permit type aslu Aspen Land Use Permit# 0081.2012.ASLU Address 501 E.HYMAN ApkjSuite Cry ASPEN State CO Zip 81611 Permit Information Master permit Routing queue aslu07 Applied 11 r9f2012 i "` Project Status pending Approved ,z 1 Description APPLICATION FOR TEMPORARY FOOD VENDING HONEY BEE-INSIDE THE LITE CITY Issued' BUILDING CiosedjFinal i Submitted KATE LINEHAM 970 765 6889 Clock ;Running Days 0 Expires 11 l4t2013 t Submitted via .-..� is Owner { Last name COX First name JAMES E NANCY 304 S GALENA ST ---- A Phone (970)925-2450 Address ASPEN CO 81611 i Applicant ❑Owner is applicant? ❑Contractor is applicant? Last name THE HONEYBEE First name ORGANIC JUICE BAR 501 E.HYMAN ASPEN CO 81611 t Phone (970)765-6889 Cust# 29017 Address i2 Lender Last name First name Phone ( Address E .. __ As bold Ayer ;a elan d1 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 11/21/12 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) December 4, 2012 Effective Date of Development Order(Same as date of publication of notice of approval.) June 4th, 2013 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 21st day of November, 2012, by the City of Aspen Community DeveloF , Dire to :ri r l Chris Bendon, Community Development Director 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. 2737-182-45-002 APPLICANT: Kate Linehan SUBJECT & SITE OF APPROVAL: Ute City Bank Building, at 501 E. Hyman Ave, involving the approval of Temporary Food Vending for the continued operation of The Honeybee, a juice bar cart. SUMMARY: The Applicant has requested Temporary Food Vending approval to continue the operation of her juice bar cart in the interior arcade space at the Ute City Bank Building. The Applicant currently has a valid Temporary Food Vending approval that expires on December 3, 2012. This approval begins on December 4, 2012. 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 - fresh juices and food products Area of vending site < 50 sq. ft. +/- 49 sq. ft. The applicant has provided verification from the building owner representative and tenants within the building granting permission to operate. Also, the city's Environmental Health department has approved the proposed operation. The operation may continue on the date of this decision. DECISION: Staff finds that the Temporary Food Vending application provided by the Applicant should be granted for a six month term beginning on December 4, 2012. The Page 1 of 2 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 Land Use Code Section 26.470.060 (7). APPROVED BY: Chris Be on Date Community Development Director Attachments: Exhibit A— Temporary Food Vending Standards Exhibit B — Application Page 2of 2 Exhibit A: Review Criteria 26.470.060(7) GMQS, Temporary Outdoor 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. The City has not received any complaints about the operation of the business since it began services on June 2, 2011. 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. Staff response: The Applicant notes that the business will be operated for 6 months starting on December 4`h, 2012, Mondays through Saturdays, from Sam to 5pm. Fresh juices as well as snacks will be served. 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. 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. Staff response: The Aglicant notes that the business will be operated for 6 months starting on December 4` , 2012. 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. 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. Staff response: The Applicant notes that the business will be approximately 49 sq. ft. in size. 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. Staff response: The Applicant's business is located within an interior arcade. 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. 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. Sara Adams From: Rachel Burmeister Sent: Wednesday, November 21, 2012 12:49 PM To: Sara Adams Subject: RE: temporary food cart for Honey Bee Hi Sara, This email is to confirm that The Honeybee owner and operator, Kate Linehan, has been approved by Environmental Health to operate a retail food service establishment in the City of Aspen. Approval was granted to operate at in a fixed location inside the mall at 501 E Hyman and also to operate at the Farmer's Market in Aspen. The business is currently licensed through our department and the State of Colorado Department of Revenue as a retail food service establishment. Sincerely, Rachel Burmeister Environmental Health Specialist City of Aspen Environmental Health Department 130 South Galena Street Aspen, CO 81611 Office- (970) 920-5075 Please note my new cityofaspen.com email address and update your records accordingly. My old ci.aspen.co.us address will be expiring soon. From: Sara Adams Sent: Wednesday, November 21, 2012 11:26 AM To: Rachel Burmeister Subject: temporary food cart for Honey Bee Hey Rachel, Please confirm that the honey bee temporary indoor food cart received approval from EH for their operation. Thanks! Sara **please note: my email is changing to sara.adamsna.cityofaspen.com Sara Adams,AICP Senior Planner City of Aspen 30 Smith Galena Street Aspen 130`'1611 �{ 970, 29.277 1 RECEIVED NOSI F a ?(1;i ATTACHMENT 2-LAND USE APPLICATION PROJECT: CI- .,y ,.. Name: Or- q vt r" v 1 w►�" Location: ..'� 0 1 14 Y rzt A-N /Pi S i G 424" U�- C Indicate street address,lot&block number, legal description where a ro riate) Parcel ID#(REQUIRED) APPLICANT• Name: a.'+ Address: &P 7"w r n h !�jj 14=lab- C Phone#: `2 70 . -7 (oS • to REPRESENTATIVE: Name: 4iWt _ a S Address: Phone#: TYP F 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: ❑ Conditional Use ExISTING CONDTTIONS: (description of existing buildings,uses,previous approvals,etc.) PROPOSAL: (description of proposed buildings,uses,modifications,etc. Have you attached the following? FEES DUE: $ ❑ Pre-Application Conference Summary ❑ Attachment#l,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 3-13 model Your pre-application conference summary will indicate if you must submit a 3-D model. R Agreement to Pay Application Feet imi,7777 s Anagreement between the City of Aspen ("City") and Property ka„{-e L �e,h an Phone No.: q V Owner(°I"): ! Email: hoe d,.Q,e. tcG.ba ntdr Address of �a f E mQ,yt /�-> Billing Property: - Address: (subject of (send bills here) C v FF ! to(1 application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ �flat fee for $ flat fee for $ flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$315 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at$265 per hour. City of Aspen: Property Owner: / _"a f-e- l-rAl-ti otiq Chris Bendon Community Development Director Name: ��2- Title: City Use: Fees Due: $ Received:S RECEIVED CITY OF ASPEN N 0 V ( c PRE-APPLICATION CONFERENCE SUMMARY cl-ty COMMt!NITY PLANNER: Amy Guthrie, 970-429-2758 DATE: 10/24/12 PROJECT: 501 E. Hyman, inside atrium APPLICANT: Kate Linehan TYPE OF APPLICATION: Temporary Food Vending DESCRIPTION: The Applicant is requesting approval for a Temporary Outdoor Food Vending permit in order to operate a food cart on private property, inside the atrium at 501 E. Hyman. This is a renewal of a previous approval for this business to operate. The temporary use will run for a total of six months, with dates to be determined by the applicant prior to completion of this submittal. 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/pdfs/depts/41/la_nduseappform.pdf Land Use Code Section(s) 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, where you can find the Section on Temporary Outdoor Food Vending: hftp://www.aspenpitkin.com/depts/38/citycode.cfm Review by: Community Development Staff for complete application Public Hearing: Not required for this review. Planning Fees: $79 for Administrative Community Development Staff Review Total Deposit: $79 Total Number of Application Copies: 2 Copies, including appropriate drawing for board review To apply, submit the following information: Total Deposit for review of application. D Pre-application Conference Summary (this document). 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. D Street address and legal description of the parcel on which the temporary food vending operation is proposed to occur, 1:3 Completed Land Use application and signed fee agreement. 0 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. O A drawing depicting the size of the temporary use (not to exceed fifty (50) square feet). A signed letter from the owner of the business that the temporary use will be operating by or in association with. A signed letter from the building owner allowing for the temporary use to occur on their property. Q 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. 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 Iocation 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 I of 4 PID#.•2 73 718224001 J 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 verified with their signatures. 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 P!D#: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#.273718224001 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. Kate Linehan Owner: The Honeybee Organic Juice Bar Page 4 of 4 PLD#:2 73 718224001 November 19 , 2012 I, Ruth Kruger,am the current manager representing the owners Jim and Nancy Cox whom own the Ute City Bank Building at 501 E. Hyman Ave. We authorize Kate Linehan to submit a Temporary Food Vending Application to the City of Aspen Community Development Department for this property. I further authorize Kate Linehan to submit a Food Establishment Plan Review application to the City of Aspen Environmental Health Dept for the above mentioned property. Thank you, h : Ruth Kruger The Honeybee Organic Juice Bar Plan of Operation: The intention of the Honeybee is to serve fresh cold-pressed juices,smoothies,raw salads and hot soups made using local and organic produce. 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. 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 with the Ute City Bank Building(intersection of Hyman and Galena) in the atrium of the building adjacent to the interior staircase The following list includes all tenants operating in the Ute City Building. By signing below,the tenants have stated their approval for The Honeybee to operate in the atrium of the Ute City Building as described above. Burberry Janice Sch d, Ge ral Manag Wind River Gallery Brian E Leach, owner N � � x »� o w Ltv.0-4 Al Q'N�tleS 1�'ykl.� A.� � Y -CAP fi�N�`'�wOvgas' F 5 1 I� 40 6{�K AV SfA