HomeMy WebLinkAboutcoa.lu.tu.501 E Hyman Ave.0016.2015.ASLU0016.2015.ASLU 501 E HYMAN AVE
TEMP FOOD VENDING
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THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0016.2015.ASLU
PARCEL ID NUMBERS 2737-182-240-�01
PROJECT ADDRESS 501 E. HYMAN AVENUE
(aka UTE CITY BANK BUILDING)
PLANNER REBECCA LEVY
CASE DESCRIPTION TEMPORARY FOOD VENDING
REPRESENTATIVE PAMELA DAVIS
DATE OF FINAL ACTION 04/09/2015
CLOSED BY ROBERT GREGOR ON: 05/22/2015
EPTION#: 618696, 04/02/2015 at
• 5:28 AM,
1 OF 22, R $116.00 Doc Code APPROVAL
Janice K. Vos Caudill, Pitkin County, CO
NOTICE OF APPROVAL
FOR THE SALE OF LOCALLY -MADE PRODUCTS IN COMMON AREAS
IN A COMMERCIAL BUILDING LOCATED AT
501 E. HYMAN AVE (AKA: UTE CITY BANK BUILDING)
Parcel ID No. 2737-182-240-401
APPLICANTS: David Avalos and Pamela Davis
SUBJECT & SITE OF APPROVAL: The common area of the privately owned
commercial building (commonly known as the Ute City Bank Building) located at 501 E.
Hyman Ave, involving the approval of the Sale of Locally -Made Products in Common
Areas of Commercial Buildings for the True Nature Kitchen.
SUMMARY: The Applicants are requesting a permit for the purpose of operating a
retail food counter within the common arcade of the commercially -used Ute City Bank
Building, located at 501 E. Hyman Avenue. For the past five years Temporary,Food
Vending permits have been issued to a retail food establishment operating in this same
location uml*tho names of Date Linehan and HoneyBee Juice Bar. Two new applicants,
David Avalic� and' Pam Davi� of True Nature Kitchen, are proposing to takt over the
space and operate a similar business during weekday business hours that would offer the
same type of product as the prior permit holder.
STAFF EVALUATION: Retail sales and restaurants are permitted uses on ground floors
of commercial buildings within the Commercial Core (CC) and Commercial Lodge (CL)
zone districts. The Ute City Bank Building, where the applicants are proposing to locate,
is within the City's Commercial Core. Section 26.710.140 (B) allows retail uses on
basement, ground and second floors within the Commercial Core zone district. True
Nature Kitchen is proposing to locate in the arcade on the ground floor, consistent with the
City of Aspen's zoning regulations in Section 26.710.140.
Criteria for indoor sales of locally produced or assembled items within common areas of
commercial buildings, such as those proposed by the Applicants, are included in the City
of Aspen Land Use Code under the Growth Management Quota System section 26.470.060
(7): Sale of Locally -Made Products in Common Areas of Commercial Buildings
(hereinafter referred to as "Code"). The Code limits the sales of items within common
areas to arts, crafts or produce that are locally designed, manufactured or produced within
the Roaring Fork Valley. The sales of locally originated products may be conducted by
existing tenants or new businesses that do not lease other areas within the commercial
building. The Applicants are proposing to operate a stand-alone business with food items
of local origin, in conformance with this criteria.
The Applicants' proposal to operate a locally sourced food counter within the Atrium of
the Ute City Bank Building is in conformance with the zoning regulations of 26.710.140
Pagel of 20
and the approval criteria in 26.470.060 (7). Attachment A includes the City of Aspen's
Land Use Code Title 26.470.060 Section (7) Sale of locally -made products in common
areas of commercial buildings, followed in italics by staff s assessment of how the
Applicant's proposal meets each of the Code's requirements.
ADDITIONAL PLANNING APPROVALS REQUIRED:
Title 26.510.050 Signs:
A sign plan was not included as part of this application. If the Applicants choose to
incorporate signage, approvals must be granted in accordance with the standards in Title
26.510.050 of the City of Aspen Land Use Code.
DECISION:
Staff finds that a permit for the Sale of Locally -Made Products should be granted
upon the condition that the Applicants meet all applicable municipal regulations,
including sign, zoning, building, and fire codes. The approval will remain valid as
long as the applicant conforms to the conditions of this approval.
APPROV D BY:
ff eixe
Chris endon
Community Development Director
/ 4 & y Z Zl�!
DWI
Attachments:
Exhibit A — Criteria for Approval & Staff Response
Exhibit B — Application
Page 2 of 20
Attachment A — Criteria for Approval & Staff Response
26.470.060 GMQS Administrative applications
Section 7. Sale of locally -made products in common areas of commercial buildings.
Commercial use of common areas within commercial and mixed -use buildings which
contain commercial use (a.k.a. "non -unit spaces," "arcades," "hallways," "lobbies,"
or "malls") shall be approved, approved with conditions or denied by the Community
Development Director based on the following criteria.
a. Products shall be limited to arts, crafts, or produce designed, manufactured,
created, grown, or assembled in the Roaring Fork Valley, defined as the watershed
of the Roaring Fork River plus the municipal limits of the City of Glenwood
Springs. Exempt from these product and geographic limitations are items sold by
a hardware store adjacent to the common area and items incidental to arts, crafts,
and produce such as frames and pedestals.
Staff Response:
The Applicants are proposing to sell juices, smoothies, and other "grab -and -go "food
items that are "designed, manufactured, created, grown or assembled" in the Roaring
Fork Valley region.
b. The area can be used by an existing business within the building or by "stand-
alone" businesses. Multiple spaces may be created.
Staff Response:
The Applicants are proposing to use the area as a "stand-alone " business operation.
c. These areas shall not be considered net leasable space for the purposes of
calculating impact fees or redevelopment credits. No employee mitigation shall
be required. Compliance with all zoning, building, and fire codes is mandatory.
Staff Response:
The Applicants must comply with all zoning, building, and fire codes as a condition of
approval.
The applicants have provided a one-year lease as verification ofpermission to operate
at this location from the Ute City Bank Building owner. Additionally, the Applicants
have submitted their approved 2015 License to Operate a Retail Food Establishment
as evidence of approval from the City's Environmental Health Department.
Page 3 of 20
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Attachment B — Application
ATTACHMENT 2--LAND USE APPLICATICN
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Page 4 of 20
True Mature Mcben
914 Iltivy M Carbondale C031(,n
970-510-5743
ThP int?ntlon of Tray Mature I{ItchRn is t0 serve are asstirtinrnL of fresh urganic col !-pressFdjuiFs,
snloodiics, vegan dusscits,,uw +uou 41id oLhuI sneek items oFtered Es aconven ent Rrab and go option.
"Please sere the attached menu for o descrfpiran of pert t)f fief rugs.
91 Rcuis wil,' be srured, yrcpur.rr Uri svid,rr cccu.-crnnCr vvitk Fnvirnnmerrra1 Hpr•h Itri,:i trr,;f
neguiatians for born thr, pmpmpd umdor.srtp m w.xr; 2,!I0 r;cC o f Ur: Opp; (Iv�rlj cu;; xrrisscr.r)r.
1_ 17isthqvendorsintentinntacperatefortheailownblelyearpermit.ingdurotionbcginning
'Itt111Edi,iLeIVrolluivin;.apu ,-kiLiLmjppIu;al.
2_ The int�?ndtd hours utoperatian would be ftm JOam Ti 4pm, npPn Monday thru Frld„y.
3, the pieput:d Silt unite vend0l'Opuu�iori IS located withinth= Ute City Bank RuiIdIng
(irtersectijr,at Fyrr;wi anti G&I?na) in the atrium of the. hiiilrlin;,.1dJitrIII In LI1C SMljrl.uW.
4. See attached form OfOv nerconsent roroperal.uu,
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PROPERTY WEAGREemENT
LI`MC1TYftLQf:{A, ASM
TRUE NATILW K{TNF. K LL.0
Tula Property Use Agreement {" F3VWMent") outlines the dsWU surrounding the
use of a portion of the mmmun a reu as highlighted ion the attached Site Wp tQrjocatin
a Xv&k fnr the sate 0tfuod, mWen and related nrnduct9�ir l the Ut oaated
ftt-WI _b.Hyrnan Ave f"Etrtjkj "1 pe!❑rado (k , . This Agreement is made
betwaen I3 as P cox Living Trust (*Owner"j, andTru® Picture Klkch LLC {`I1ssr^�
This Agreement cernmences March 1, 2015 and replaces the previous Froparty Use
Agreement dated January 26, 2015 wRh TtxW FcmeyBae LLC as User ("previous L)w"�,
Owner and The HanaYBea, Ll_C agree that said pravlous agreement is heraby terminatert
as of February 26, 2015,
Year argneas to the followlni;
L Indemnify, defend and hold Owner, their ofInars, agents and employoes, and
Jaynes T. Clay, Successor melee of the James E. coat Wng Trust; rownarn)
harmlew agalnst all lass, damage, axpartse and liabtti�r 365ing out of or in
connection with the Use, hooAwr paused, regmdiem of ony negllgertao by 0amr,
whother active or pa3shne.
2. User shall, an request;, defend any salt asserting a claim covered by this obtlga.lon
to Indemnify.
3. User shall pay any cost that may ba incurred by owner enforcingthta oluigaWr to
indemnify, including reasonable nttomey'stees, costs and dlsbursernents,
4, Be responsible for obtaining all permtts, ficensea and other au,thori,tam that
may be needed to connection with the Use.
5. Payforany intemetorteieoornmun,cation servlcas to rite eke_ user may usetha
NO Intemetservioe so langas tt Is suppiled by owner, hawwerowner is under
no obi ptlon to continue to provide this Service.
C. Promptfy remove al trastr, litter and other clabrls resuitingirarn the um on a daily
basle.
7. ketuTn the proporW to the oondifun in whiob it was. received upon terninatlon of
this agreement.
8. Froparty Manager wtll have the rf917t, wlthovt any llabiffly or rebponslblltty, to
d6poseof anythingluiton the property otter the Use at User's expo,
9. Comply will, goveminont laws, Fules, regulatiom and orders bpplicabbe to use of
the property and etxh reasonable regulations 6s the Cry of Aspen and pgldn
County may irrtpoM
14. Obtain publla liabi r Insurance h the mrnount of $1,CW,000 with res�ct to the
Page 9 of 20
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Use and name oymor seed afflllates as addlllonal insureds and furnlgh ahem
ovidwcr3 of sticks lnsuranco within one fi) week of nrUtual execu`lorl of this
egreerne nt.
O nef ia[;foes to tha fo[low[ng:
1. To snake the property avaIlable to User for payniwl to Owiler of Ten perount (IU ) of
gross sales per Calendar rnontri pay.@ble within SeveR [7) days after the end of each
month. Gfflss sales stiall be defined as tho total sales of meroharidlse or goods
whMl4or wholesate, retell, call i nr credit orlgi nating out of the Building, Checlis sv[Ih ire
made Payable to ,lames E. Cox Uvfng Trust and rnaiied cjD Fr[as Propettiea of A3pen,
720 Gast Durant Ave, Aspen, C4 8IO L;
2. U:w, term has already commenord ("Use Term') and sliall a.mntintre until elthor of the
partles Pyavfdo Thirl+; (30) Days' prior '+ r4len wotice of teripinatlon of thle Agreement
("Termination Notice");
3, User will only cxsrxitrc,t IL Use in the arcs 111011lghted on attachcd 01:0 PIAn ("Eld',Vt
A");
4. User and User's custc+rrierL- will b? alion'od to zG tables and seating that wo atvn6d by
the Bull&g end currently Lcatsd 1Arit-Ati tbe. atrium Mwo tobleG) So tong as User rlirns
upafter sa[d use by custra3ner5.
5. User's trash will bs dlspdsed of by User dop-odtIng trash into the a[Icytrasht rec,eptac[e
fot the 5uiiding.
f;, Owner shall p y al np wadngexTenses n ot sporffically billed to uw by a thInd party
provriJ4�r.
PARTiM COINORM ANp APPROVE THIS AGANN EW;
d.i City r I
t t r!L'
orTlustPa games-E.
risiTrust
LIP. City RuFldln@, Aspan, Co
Dated; '� - !1 }
Datgd:
QL Lt�LLl'~
lela Dalk
rr
1a HaneyFlee, LG
BY, KatherineLln4ian
r'ran,ioue user. corimmativn of t: rminatlan
anted: 1
Page 10 of 20
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Page 11 of 20
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Agreement to Pay Application Fees
i,Ii ..tdnuomr:nt rtetwpen the City ofARlyen ('City')_flnd
Pr(jFdrty
Oomer
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Email: f' h Pn(-ra+n FtAXi c F. 00 a Goa.
13illinQ q jL) 4Tj /3L3
Address: "�
(grind Ols here)
undamlrno tl?t e-e 041.)OS adoj-'ted, vla Cfdln¢uux: No. , series Df 2"11, m iely figs fvr Lencl use apr!.L�Uora�
anff ttlo nsyimwl of Lheae fdiiE is a L:Ljiditipn prwedent to do:crminiq applleatlon rompleteness. I understand
that as the prr>W-.y owic-d M. I am resNii Mb'a fur p Hs, irng a" fe= , for t�i� cp jp.!o amont appllcal! on.
Forflnl Wn Fin refenal fees: I agree to pay inei Iullawi:tg fees forth= servjrea indicgteC. I understand that thew
flat fees arc non-rofurdahle.
C
Sclvc` 17cpt
flat fee for
0 Sclact Dept
S ftat ff:= fnr
D a' f�c for Select Dept
$_ f
Q de.: Fee to -
Select Review
$
i=ur deposit cases calf_ TFe Ciiyl and I iq,rlerB:anG that OE,C: .Iso ul the size, ra'.t,re o Fnnp.=. of V-e prorxiscd
proje:t, it is not possibleatthistimeto knowtt.11 extant rr to`.al cce!s involved in pfuo_asiriy i-u•appli:�a-ion. I
tl-:Juistu:iu Ilia' . addt'onal ccMe, mier and nbriw. the dcpoolt May aucrue. I understand snd n9m.P that h is
jmpractivahle V CILy aLu*f Lj r;unip.du pirucussing, reviptiv, Rid wresen:aticn of suffcleiR isdLami�..jou to enat:l=
Ir gA,' •equ ired findings to he made for prrq.=.rr : r rgie"uw.lo 1, U )Milo In 1jrair as are pair: i n full.
The Cil? wid I undo end enl 9orF.e char invoiro5 waLo6 py tha City rb +::tra atmye !'5tecc bll::np adefu.s wid riaL
re-urred to the Clly :Mall uu Lu*lu�,-t J by hic C'.t_.1 ns t:pin3 rpxe'ved by me. I agnee! Lo itmA p ioy;:•,ent vMthin 37
days of p rise'• ty Jan of an i,n mice ky the City for such servlecs.
I hAve read, understand, and ewee!o i;nE Land Lf:p r cviuv F'oO PD icy inc:ucing rr.nrir��:.:ences for nun p aymura.
I agree to pap nb tollawin t i. Riai dopusit wrruunis for fnP F,nF.^.�F•d hrurs of sta- timo. I .r Isl indand that payment
o e capDRif dyes i1c't ren6a, an apol;cation 331-ipfulu ur compliant -.161h anp nvsl r•_•Iterir_ If PSI rezxr.'deJ "zila
exreed the In.da: <io<joz�il. I �drie to uej eddiiiunal monthly NIFIef rO 1110 CI'y t4 MlMbV8e the City for the
prncessirg of ntY AP.3I:r-,gtion s: the hcurt} rales herei% i r
.. derasit for hours of Commul-ILy DrvelDFmpnl Detpart'r-,it siriff tir.. ('.dklldonal urnu
ohovc tho dnposlt 9naun.wil: be Ulled Ed ME per ho:1r.
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deposit for horim of Filpineering De1M(Wi6-r.L slid: time. Addi'ional time n_rwe -he. depo33
wricUni vri' I tc of lod .: *m For hour.
City of Aslaon: Pro rty Otilfr. frI
Chris Deftdon C- "
Cominunily DeVeonmenl Direrhir Naxi�.
City Use: 0 1'lll3.
Feft Dud: �Rrrnpt'od� $
Pave 12 of 20
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Homeowner AssodafiGn Compflanoe Policy
G51 fantt use npp1lcG1lpne viMhln Cho City of Aapw era required to inoIkc o hlomeovrnor AssoaMpE!
Compllarco Form (lh15 form) cartINing the soope or vtorf; inc3uded In the €and use appllcaile,)n compfea
tvKh all applicable eoverants and homeow or;3mcVfan pol1ci65, The ogrtifl ation must t;e owgpx
jtLPnrup.WtKdw;PrrarAi cgtglfyyaersenifngtheproportpa+7or.
Properiy Ndiro' �1<iP� (z!x
firmer 1'I'j: �+nell;kPhone laa.
Addrm of
Prapi ty_
(gubfett or
%00g ticn)
I ca7tlty ss fol my (plcx 0m)
9 Tt is propniv is not subioct to o ham-acAvrera a5strr latian or char farm of private covarronl.
ihfs prapUty is Wbject to a t14moovrnera amoclatinn or prlvete couertarit and the lmprtov�@n'lants
propasod In tt Ls land vse oplAlontlorn do riot requira 9pproval by the horrlerrvrms nw04jtlon or
covenant ber,eflctery.
This pmp,3rty is subject tf., a hmtoauners assoatatlm or prtvata corm im And the improvetnerrts
prapased in th6 lard use appflcatlan havo boar appw-s by tha homveyirnera wsociekn ar
oavenant h6n6ociary.
f vridemtaivd Ws F Gy and i understar>d the Cyr of Aspen dog mA tntarptct, Car m-;e, or Mwape the
appllcablllty, rrseerMa effect of p;yate covenants or homooumor awclaVon rules or bs .Qt& I
undorstand that this &OW vi 1611 plloAa do,UM-tt.
G.>'rrer slanature:
tamer pslmc�i nem .
err _
A"rn by spg retua
,Morita} printud Trantq;
date's) r�iJ i"7 --
Pase 13 of 20
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PaLe 14 of 20
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER, Sara Nadalny_ 97p,421,27 30 DATE' 211G)2015
PROJECT: 501 E. Hyman, ins,c&. atriv+lrl
APPUCANT, Kata Linehan
TYPE OF APPLICATION: Temporary Food Vending
DESCRIPTION
The Applicant is reques`irlg rronevoal of d Temporary Food Vending permit to operato a fond pert Carl
private property, inside the *ium at 5D1 E. Hyman.
The ternpnnry use t-All run for a total of Lm4ve (12) months, with dateto be detemiined by the npfrlii:.ant
l�rior to c❑inp;etion of £his su�rnitlaf. The Applicant will nc-0 to comply with tho criteria established m
Section 23.47D.050(8)- 131-lowis a link to the Land Usoapplication For,n for your convenience,.
G'nritt.l�d!'
Land Use Code 5ectian(s}
26.304 Common DevelopmantRoview Procedures
26.470.060(8) Outdoor FoodlBeverage Vending Liccnso
Follotti, bnk below to view the City of Aspen Land Use: C'.odo;
aB erv.,O j..=r.JD4pFiOrr.antrx-Vo? rnun'ty Ge'r�l,p=r�c,�t+Pia,r. n- and-Zonsry;Tll8-2E-Land-Use
Code/
Review by,. Community Devr-lopn)erlt Staff for camptate applica. on
Public Hearing: Not required for this r r irAv.
Planning Fees: S81 flat frp for Staff review
Total Deposit; $81
Total Numbor of Application Copies: 2 Copios
To apply, submit the following information;
E::] 'I ❑tal Deposit for review of appliDation.
0 Pre-appli(m6on Conference Summary (this docu3nPntj-
Aprplicant's narne, address and telephone iAiniber, container +,+rithin a letter slclned by the
applicant stating the name, address, and telephone number of the representative authorized to
act on bal;aIf of the applicant.
Page 15 of 20
•
•
Q Streat address and legal description of thn parcel on which the temporary food vending
operation is pi-oposod to occur.
C Gnmplated Lend Use application and signed ree agreement_
CAwritten description of the pioposal and a written explanallon Ut how a proposed development
complies with the rpwi , standards releuantto the dFvalopmenI application 4 2S,470.060(8)
Tcmporaty Outdoor Food Vending.
C A drakvinglpho;o depicbrig the size of the temporary use (not to exceed Fifty (60) square fAet).
C Asigned letter from the building owner allowing for the temporary use to occur on their
property.
I'root of approval from the Environmental Health Department for a food service plan.
DiseJa i mer:
The foregoing summary is advisory in naL'ure only and is not binding art the City. The summary is
based on ccrrront zoning, which is subject to cha;tge hi the future, and upon tactual representations
that may or may not be accurate. The summary does not: create a legal or vested right_
PaLe 16 of -'0
CJ
0
S. ven rl rrlg]I cemse. Owd oor fboct-lx VL'I LAu vuriding slim L7V
lippmv(.11, a:; Iummd with 0eI1dh;tPr.z mr Ienie;l by II ,: Commijili:p De1'elopriicrLL 13i,u il'Y
haY.ed nn Ihv 11c,qu3+dn,1; crirer'ie-
i.0UIL Cliln. rill nutiloLr faotl bevexagaveutli„o rnLL•stl;c oupriz;ttc piuljeriq Loin
imy ba iooaLtxl in 1.4 Cumnnwnial Cult fC'C ), C omme ij,11(C11, Nlcighborhood
C ommemial f 11 Gj, +r G)l-atrwycial Lodge (CL)ZOl ie dlsin L IS. Ouldoor Food
Vmding lnay occur on public ptmnerly 6tit is sobjcct to an apprimrd rust! lniw,
Additional location oriuviu,
I. The orlmlIion shall be in a cons;eteul. IuLrlliun ms i5 pl:a fically icasunablc
and nnl. in101111k;d to iwrr• on a dsily IWi.i thrruu�}_ 1.11. iha d::ra`ion afTV
per'in .
Normal operatiun,_ inclw inyr line rpl4uc , s.'lall.11ot h-.111 tt [Ile rrMmanenL
(I r pr:dc�4lriun or v;,hicular oaf -- c al ung I Le PIN iL1 right -cif •-way_
3_ 'IIle IrPc:uliutt shall not in,crfemV11li rvgtAired einergvncy egress or posea
tltn:t.L ki pul:Iic healIIi, sm 1i ly vL,d wd- flm. A mini'murr1 tifrsix (6) fool
ir>rmOgop- Incs,i!alI he n1..nl*linr:cj for btiildinp. eutraiiees L1rI¢L;.t,it!s,
Applirillml Rnw)osc: The exist:n_►1r1clAiuri:ur Ll u kanpormy fond vending nrc,•Ittiun
:s i:1 111u i„ t:l'irfr arnY.Lit! mlxw.4 in the LIte City DnoIt building, which is in dle CC rtlrte
dist: icl_ 'l•Ile Applicum has gaincd Lhc pro Ni, ow.ne, colla:ail 1u process the land t�se
ar,pJicaficm and nil access Lt1 the 111L:?Lle.
The eperation is Illic llded to Ile tiiillinn.lr}' within the intUiur of the tJle Cily I111ni
huilr9inU slntl will not L, m viiig thmughOLIL the Llun;64 n of the pzrinit.
The 1&llpur11-rY li,od vandiug 0perationwill net he Inca;.eLL within m p:.rbli,: right a_'
'M. V, 0t7r• wall iL inhibit Ihr: mr)v;-. cast ofpcdc-Strians ol• t'ellicular li-,flits. •I he site of
Ihc: operation is offiu the title (If'tl:-e walkwsty within the L-e City lit:nlc buildirg sine]
tNi it ,tul ctt•atc pcdcstrialL i OIIII&Sli un (-ce plan vi owti. of space in subalittal pW= V-L)
2. Size_ '1'lle AtftL L!I.U14 It.101 fooftcvurage rending acrM Lies. 4-h0l ililt cxcwd firy
OU} agmut feet p;,•r yrc ration. T1w eava of activit;• shall he Llcrimal ris a cailntcr
arcu, e-!uipmcnt needed m: the fi*I111 v;md ing aativitics(c_g_ -coo ler with drinl,IL
rinotiv cent Lu*cJlina, PuPucr,•n rna:uhinc, t !c,}, and the space 11Llcdrxl by crnploy«w
t' � wntk the l'vod vending activity.
AppliedaY Rcsprrnsrr Thu Apphcnnt con1juits Lo the 511 square Imil limitation
3. Sigragc. SiSl10' ,t li)T ol,ull54ir l;1o;11be�'eragevending calls xhali Luce-r,l,lfl'oLrL
ttwSC-1C juirclnerlLN sauna tailhin T 4ni Llw Code Sectioa 26.510, S4m,3, bttLn0L
exr:in,lit-lSPruhFhi'9itS1r�`;,,.IIiL:rcllnIammirl.orsigmgIT,(% lt;lieiheIeg%�.rcifilf;y
prrt;t:lIL (.50Yn) of i.h,; s'.irl~tce area ofd e f -mlL of dlt; t:url, or six (6) uluare t�el_
Sign(,) s;hull bL: pair.iivJ un or affixed to the carL_ All 10rr3, lcttQrillg, or SijW4
Pave 17 of 20
on timbrellas or cau)opie(; ca_it_t:s taro.•w-LIX C,is u:•:ICu1r( 01) mood car-C may hftve a
rune w:ch Fxs., .1 sign irzarcordance with the rei;ulutiim�fuund widun C'lraptcr
26.510.
ApplirnrrrRespotme: 'Tho Ap_ilicmit commits to follov ing. Clio siunage wl>m:l!n•tsti
Mn aiduncd tibovc.
C;ily aFAspanL,a:d Use. Co4-
Prn-t M10 — C.MQ,'; Pate: 14
L'.Ovi1-4miriniuI I leallh Alln•nvx1, :' ppro-v; l of a fond Serviw hlun frmr: I.hu
Envi i=cncal Ilcall DvparinwnCisreilllirs:d, The aron ofawdoorViod vortlinu
Activ'ies shall include teeyclinti 1siris anti x.xw.sw disposal corrunerth_n slialI oz
er•:,t Iied d,ii ly mid .stored inside atr .0- r and wlion ;I iv uuLdoor food vctuiing
�.WtivitiL!x an;nrII in r>Purltiolu. Addrtio:'.ally, noomdoor, oNm-tlum. ckir- roHhig
shall bepertniued jUt;uuut W i!dunit:ipul Wdc Se. -don I3.{I,{.110, Realmmrnt
Applim:ri"sjlamse: 1110 a t5plitiunl;:ruTenily 1liPI(N no tlpproviad.Food Rivice I.iccrise
tforn 11it' CiLy of ,'-i lxm.
5. Iluildin� rind Pin;{'trd:: Cklmphancc_AH outilonr lirrc.LIEmveTagr vcnding
operations 111t►s1.comply wilh,uli>l,lt l building tuut Luc codcs. Applicar_tr urn
encourtlgcd to incot u•idh tlx: Cky's IWildi„g T),:parnncut to discuss the vernlirig
un•Ii-mili;l.
AIIAlibou Rr prrascu The mppliMLL conu nits to ust 7LIner1'li119 titiiLit L:InQrgmn v
irFres &e�res3_ The 4111 UliOn vill nirl l?oy: a tlurzt to public lieahb, uufi titi•.rnx wc[faw.
As sta3tCC aboxv, the o era(Ioa vyill l)s stxtudLd Lu , xidc ofaramade sfxice and sn th.i(
L1.nL bnxrc:y ti:,CC.3S-I illaIWLly5 be ma:sr(41iyLxl,
C. ApplicationConicnls. Anappliw[iirri firra I'raxllhovym1 ovcndinglicense.s]fall
incl lido Ihr: atsndarcl intiorMation requital iti 26..31P.fl3fM, rlu:� lac tJ1iA�l'u, :
I . ('.nPy of ai leti.so. or approval lc(tcr from Ili e;rropt:rly tir,ncr,
2. r1 descrijOlio:I k3I" lht Opt:nilion inc'.ltadin€ day!0iours ofirlrbraditrn, lypm nl
food and I:cvrrugc tar he nfTi mal, a piwim or drawing, of dio wrij: iik
wrCstmd. W-d propos --d signace.
Tile 1?rulxx(y SUfVICy rtixluir:.nlcrt► chail l)r W., VCd i r .hc applicant Call
dnirinstruelieu• ill fgvrition will be contahiedonprivulp properly.
elppiicrrlsrRespam.w.Lncltde'd;IL1linowhmiIlkiIpmckc-tis the operationplan. ThisplAn
waK Rimishc.d to (hc propar*y owner Allen u111witt >4pprovatl v:vs Sm.rrht. A current
Prtllurly TJ;tc AE:rct:oacmt has been affixed to tha:ltsbmiliul pwk,-t.
Pace 18 of 20
?• Lioanw-Durariaa. (hitdaarfoidr'beverag,: ulaidirip. I -h-iI l bc. %,.aIid fur.-, or,e
( I) t•C}L' p Thud heg.:nninr r!n tlrc same the date that A'e. Natiov ul Appivvul hi
sigm-d by thu CurrinUn,ily I'lcvr:l„pmcn-,' D) hctor. This one fl j year 1-criodtnav
nat be separated into norl- Wne(x;µtivp p-;Priads•
Appdfcant Resptansc: Fhe AppI icant acl,nouled(p3 01 ryF thc• 60,vc•
R. LiomsaMicwnl.(JLrtdoorfood?bcvcra;e%,c.idiriF.Iicen`c�n,sryb(ln-mwed.
l,Jinn Y;-.mAT[ the Colwi-nimty L) FI)ittx:u1r til;illI L(m lido Ihu miss ring
vcridm-'.i pii! PerJhrrmince- Thi,, s!vill iDdLidc, but steal: Wit bZ 1Jnlitrd to, ;abut
fit) Ill. 1s11virunerenLrl ilei Kh r)ql:n-1morrt,Chicfof11o1Jcc, spc;.ial cr4nt ma W.
an f�:d i-iack finix ad,i acctu busiaess1. �1. nrC.u,i vc:I L()!-nr.1 Hin tti may ms�_llt in
dcxiiul of a rcncFtisl Xcluer.
9ppi'icaniRe).►iva c Tlie Apnliusmis,r:l.Y1QWlcd(lc's,t[oftile nbave.
9. BusiressLicaasa. Ttle vcrrairig opuaLlorLLust obLina busi»csc Iicen;a.
Appficend Rrnponsc. The App]icam hx, nhrainnd =i lIusiricss liCQEsc for 2015
J D,ontabla lirnlsiog cuid lill pct Foes ll aivnd. 'I !,c ('(im,,,umil} Tlc loparcn*
DirecNrrAid I waiV•, tlMirdablGhomi0gmi i.oatiOn [•d:.nhs hrip t;l lead H110ciHUl
tvitli ocadoor Ii,rullhcvr!n:ilt: VCD(lin 7 a,C iVitiCS.
elppficeltr ResI nse: TIic :1ppI icar%1. tis;kn,rv;lcJgcs th,lt the DhieCIO r Wili wnive the
11 MOI ;irlolc hot:siag luiti anon fir., for ibis pe uu;L
I I . t4f:�innmanC and public s6ary. Outdoor food,'bevc 4gt; .hall
n;rl cliinini.,4ll Ilhc. F-wryl ixlblic. h: alth• sa1t;ny or .veltare an shall abide by
applJeable City lv�414iiros, ijwluding bal not limitcdto bui Idinp. code: Ilzal_h
satary cotes, lire uad&;, l;quin ;u,•s, siltu:.rld jighti11& oodc& ar:d s:rlC:7.Y iir.rit.
Wgu[ations,
AppFimpo Reaponse: The Applicant«ilJ noidirr_ini,ih the �.CTinrul piihliuhcultb, safcry,
Or svelfiLm and will r,}ri(l, by till upphu,bl,: city regul: tiros niondoned ahove.
12. Abe,ldxinirient. The Cil.y ol"ANT-4--nn muy rCrnovc nu abando xd faod)'bcvor,ge.
veildilig operaliim, or nnnlxlrieriIN Iheyco1; in DIAa pYo,..cr public health, ssfe'y,
and cicltirc. Costs of such r; lcdiatiork sliall he t}ie sole hin•ilm orIhQ Y+ropery
i riiTKT.
Applkw!!2L RN.ipmYf?' The 1,ppI.i:tanI ad aotvled, es that I h a Giry of A sp,n aria} runotic
the }erniiug 0111H rtii,:l If's„bwxlorraa. IL is aw th4 Apphcailt's intent[on to abandon the
ca.r•r but to remove at uhe end oI-the 1i Iv of tha permit or rc;tpl±[y fi,r ans,ther Iicrrnit.
Pa_�e 19 0J'?0
13- Tempormi-y Cx -;miion, T7ri;: f'.OMMuity� Development Uirector male veoui[L u
tC11i,POf3J',' ca"w1aliull lIl kTcl-uirinx W .14L;u n nrlrJl:: S�?:C1: I Cwws,11011d:T. 4r
s9aWm L,:ge public grvIe6nos. SLIL'II UtLicin SVII i h< Irlkcn if it im tic-A-ziniucd ttu'tt
Olt r I -il!Ill;-'vrh`_C (-art mia C1C ve a public S_.fetl' issue ur urL:tiLt; urr
harden (in the rsrcnl.IJtxirilic5,
Applicant Re-gwo re. TT,c Applicant agcccs to the abow contlilimI.-,.
(ally Jrf Atipen land I1,,e C ixde
Part 4H — G_NIQ9 Page i5
n. I.kxmie Ruti4x:e0.yr,. Th(:CouunTtultgLk:src:opnl.L:' Dimctnr[n.ty rlelly mrivwJI or
revoke LI.0 limy- xr mil L'xIoo mirwv;il of tiic foodibeverage venclilt..G nPE:M145ri if tl
,,,x,dor falls U) op-o-ate -.via, Ifrentc urilcrir4. Ar outdoor foodlLavertga veadiuQ
lio�mo sluma not coJtsti[we r 01, be illluzpruEod by an.V pnipurly nv;rt:r, developer, tirudax!
4ire:ona, vK a ailc spccifcdovelopineut pl:nJ entitled u, vknsliu� undiwATlrt:lc bg VIE&2r
rtf Lhu (:slklrulo Revd-tYl tiI.9imcs cr Chapier2b.2UN of this Til'Le. �qunlcd in this
subsection al-e ;ul)jL!ct CkI rvrot:alion by thu City Nl-mgor or CommuniTy I)evalopm"T
Dhector withoul r6quit'ing rti Ur nttliw,
Appfrcaa'r Res'Imme: Tim Al?pl ic:uau. rill of t1oci6ovc,
(On I-Ni), i4; 2.007. S1; Ord. No. G —2010, §J; Or& Nu- 911, 2010'1; OTT. Vas. 22-, 7 M I
Pace 2)0 of ?0
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 application submittal is
accepted and deemed complete by the Chief Building Official, 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 Living Trust, 730 E. Durant, Aspen, CO 81611
Property Owner's Name, Mailing Address
Lots A through D of Block 95, City and Townsite of Aspen
501 E. Hyman, Aspen, Colorado
Legal Description and Street Address of Subject Property
Food Vending Counter inside the common atrium area of the Ute City Bank Building, a commercial
building within the Commercial Core, located at 501 East Hyman, Aspen, Colorado
Written Description of the Site Specific Plan andlor Attachment Describing Plan
Administrative approval 4/1/2015
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
April 9, 2015
Effective Date of Development Order (Same as date of publication of notice of approval.)
April 10, 2018
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 9th day of Auril, 2015, by the City of Aspen Community Development Director.
(W
Chris Bendon, Community Development Director
PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, 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, pertaining to the
following legally described property: Lots A through D of Block 95, City and Townsite
of Aspen, Colorado, commonly known as the Ute City Bank Building, 501 E. Hyman
Ave., Aspen, Colorado, 81611, by order of the Community Development Director on
April 1 ", 2015. The Applicants, David Avalos and Pamela Davis, received approval for
the Sale of Locally -Made Products in Common Areas of a Commercial Building, located
in the arcade of the Ute City Bank Building at 501 E. Hyman Avenue. For further
information contact Rebecca Levy, at the City of Aspen Community Development Dept.
130 S. Galena St, Aspen, Colorado (970) 920-5090.
s/ City of Aspen
Publish in The Aspen Times on April 91h, 2015
ooc(�- 26iS•�tsLU
ATTACHMENT 2 -LAND USE APPLICATION
PROJECT:
Name:
" . .
i Ji' ?A401
Location:+jyNnr DEVELOP,
Parcel ID # (REQUIRED)
APPLICANT:
Name: a
hwe-
Address: qltlJ �G(ij/ QTj u (n v
Phone #: a�7.g5-M Cj Lr
REPRESENTATIVE:
Name:
Address: //(�T �/G^
Phone #: l 7 � l / q
TYPE OF APPLICATION: (please check all that apply):
❑ GMQS Exemption
❑ GMQS Allotment
❑ Special Review
❑ ESA — 8040 Greenline, Stream
Margin, Hallam Lake Bluff,
Mountain View Plane
❑ Commercial Design Review
❑ Residential Design Variance
❑ Conditional Use
❑ Conceptual PUD
❑ Final PUD (& PUD Amendment)
❑ Subdivision
❑ Subdivision Exemption (includes
condominiumization)
❑ Lot Split
❑ Lot Line Adjustment
Temporary Use
❑ Text/Map Amendment
❑ Conceptual SPA
❑ Final SPA (& SPA
Amendment)
❑ Small Lodge Conversion/
Expansion
❑ Other:
EXISTING CONDITIONS: (description of existing buildings, usEs, previous approvals, etc.)
( / GLI�,e Gc f'1
PROPOSAL: (description of proposed buildi
etc
Have you attached the following? FEES DUE: $�
❑ Pre -Application Conference Summary
❑ Attachment #1, Signed Fee Agreement
❑ Response to Attachment #3, Dimensional Requirements Form
❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
❑ 3-D Model for large project
All plans that are larger than 8.5" X 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.
•
•
True Nature Kitchen
914 Hwy 133 Carbondale CO 81623
970-510-5743
The intention of True Nature Kitchen is to serve an assortment of fresh organic cold -pressed juices,
smoothies, vegan desserts, raw food and other snack items offered as a convenient grab and go option.
*Please see the attached menu for a description of our offerings.
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 1 year permitting duration beginning
immediately following application approval.
2. The intended hours of operation would be from 10am to 4pm, open Monday thru Friday.
3. The proposed site of 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 staircase.
4. See attached form of Owner consent for operation.
ate
•
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ASPS N co 91CPI-I—
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CITY OF ASPEN MAR 3 2015
PRE -APPLICATION CONFERENCE SUMMARY CITY OF ASPEN
Yldw 1 rry rnn ; 4,..
PLANNER: Sara Nadolny, 970.429.2739 DATE: 2/16/2015
PROJECT: 501 E. Hyman, inside atrium
APPLICANT: Kate Linehan
TYPE OF APPLICATION: Temporary Food Vending
DESCRIPTION:
The Applicant is requesting renewal of a Temporary Food Vending permit to operate a food cart on
private property, inside the atrium at 501 E. Hyman.
The temporary use will run for a total of twelve (12) 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(8). Below is a link to the Land Use application Form for your convenience:
http: //w-vNtiv.aspenpitkin. conilPortals/0/docs/CitylComdev/Apps%20and%2OFees12013 %201and%20use%20app%2
Oform.pdf
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.470.060(8) Outdoor Food/Beverage Vending License
Follow link below to view the City of Aspen Land Use Code:
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning[Title-26-Land-Use-
Code/
Review by: Community Development Staff for complete application
Public Hearing: Not required for this review.
Planning Fees: $81 flat fee for Staff review
Total Deposit: $81
Total Number of Application Copies: 2 Copies
To apply, submit the following information:
�al Deposit for review of application.
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.
Q Street address and legal description of the parcel on which the temporary food vending
operation is proposed ter,
ED Completed Land Use application and signed fee agreement.
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(8)
Temporary Outdoor Food Vending.
E�D4 drawing/photo depicting the size of the temporary use (not to exceed fifty (50) square feet).
[ZA signed letter from the building owner allowing for the temporary use to occur on their
property.
E] 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.
•
•
PROPERTY USE AGREEMENT
UTE CITY BUILMNQ, Aim
TRUE NATURE KITCHEN, LLC
This Property Use Agreement ("Agreement") outlines the details surrounding the
use of a portion of the common area as highlighted on the attached Site Map for locating
a_Wsk for the sale of food. iuice and related pfOdlirlwithin the Ute City Building lotted
at 501 E Hyman Ave ("Building"). A Wen Colorado ("Use"1. This Agreement is made
between James E Cox Ltving Trust ("Owner"), and -True Nature Kitchen. LLC ("User").
This Agreement commences March 1, 2015 and replaces the previous Property Use
Agreement dated January 26, 2015 with The HoneyBee LLC as User ("Prevlow User").
Owner and The HoneyBee, LLC agree that said previous agreement is hereby terminated
as of February 28, 2015.
User agrees to the following
1. Indemnify, defend and hold Owner, their officers, agents and employees, and
James T. Clay, Successor Trustee of the James E. Cox Uving Trust; ("Owner'
harmless against all loss, damage, expense and liability arising out of or In
connection with the Use, however caused, regardless of any negligence by Owner,
whether active or passive.
2. User shall, on request, defend any suit asserting a claim covered by this obligation
to indemnify.
3. User shall pay any cost that may be incurred by Owner enforcing this obligation to
Indemnify, including reasonable attorneys fees, costs and disbursements.
4. Be responsible for obtaining all permits, licenses and other authorizations that
may be needed in connection with the Use.
5. Pay for any internet or telecommunication services to the site. User may use the
free Internet service so long as it is supplied by Owner, however Owner is under
no obligation to continue to provide this service.
6. Promptly remove all trash, litter and other debris resulting from the Use on a daily
basis.
7. Return the property to the condition in which it was received upon termination of
this agreement
8. Property Manager will have the right, without any liability or responsibility, to
dispose of anything left on the property after the Use at User's expense.
9. Comply with government laws, rules, regulations and orders applicable to use of
the property and such reasonable regulations as the City of Aspen and Pitkin
County may impose.
10. Obtain public liability insurance In the amount of $1,000,000 with respect to the
1
•
0
Use and name Owner and affiliates as additional insureds and furnish them
evidence of such insurance within one (1) week of mutual execution of this
agreement.
Owner agrees to the following:
1. To make the property available to User for payment to Owner of Ten Percent (10%) of
gross sales per calendar month payable within Seven (7) days after the end of each
month. Gross sales shall be defined as the total sales of merchandise or goods
whether wholesale, retail, cash or credit originating out of the Building. Checks will be
made payable to James E. Cox Living Trust and mailed c/o Frias Properties of Aspen,
730 East Durant Ave, Aspen, CO 81611;
2. Use term has already commenced ("Use Term") and shall continue until either of the
parties provide Thirty (30) Days' prior written notice of termination of this Agreement
("Termination Notice");
3. User will only conduct its Use in the area highlighted on attached Site Plan ("Exhibit
A")•
4. User and User's customers will be allowed to use tables and seating that are owned by
the Building and currently located within the atrium (five tables) so long as User cleans
up after said use by customers.
5. User's trash will be disposed of by User depositing trash into the alley trash receptacle
for the Building.
6. Owner shall pay all operating expenses not specifically billed to User by a third party
provider.
PARTIES CONFIRM AND APPROVE THIS AGREEMENT:
it
r
m s T Clay Tru
iccessor Trustee fo the James E. Y:
)x Living Trust J User
Ute City Building, Aspen, CO
Dated:
Dated:
nd'Pafnela Davis
�7d Cl�
a
e HoneyBee, LLC
BY: Katherine Linehan
Previous User: confirmation of termination
Dated: 4�- {0 l s—
►a
TRUE DIMF;DiSION3
Ute City Building
J
P.O. BOX 10431
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ASPEN COLORADO 81612
vent LIM
(970) 618-8351
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•
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a Homeowner Association
Compliance Form (this form) certifying the scope of work included in the land use application complies
with ail applicable covenants and homeowner association policies. The certification must be si nq ed by
the property owner or Attomey representing the property owner.
� � -
Property Name: Jm ► ✓ I
Owner ("I"): Email: hone No.:
Address of
Property: !
(subject of f�$�y en
application)
I certify as follows: (pick one)
K This property is not subject to a homeowners association or other form of private covenant.
❑ This property is subject to a homeowners association or private covenant and the improvements
proposed in this land use application do not require approval by the homeowners association or
covenant beneficiary.
❑ This property is subject to a homeowners association or private covenant and the improvements
proposed in this land use application have been approved by the homeowners association or
covenant beneficiary.
I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the
applicability, meaning or effect of pr' ate covenants or homeowner association rules or bylaws. I
understand that this document isia P blic document.
Owner signature:
Owner printed nam
or, L
Attorney signature:
Attorney printed name:
date: -L, 5
date:
RED" F-OR col(• 20fa- AsU4
Agreement to Pay Application Fees_ i-Y OF A0'PEN
An agreement between the City of Aspen ruity" i and
Property .� /� Phone No.: cj-7o • -570 • f -7-y 3
Owner ("I"): /c J L�1 J 4,L1l S Email:
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Address of C e -Q BillingJ J
Property: �5" / Addres0/ �L vt �3
(subject of l� N � �! Z ca r �' � d^-�L D
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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.
0 Select Dept 0 Select Dept
$ flat fee for $ flat fee for
$ 0 flat fee for Select Dept
0 Select Review
$ 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 $325 per hour.
0 0
$ deposit for hours of Engineering Department staff time. Additional time above the deposit
amount will be billed at $265 per hour.
.Ianuar\. 2013 City of Aspen 1130 S. Galena St. 1 (970) 920-5090
0
Oo16 . ZVIS". ASL A
Permits
File Edit Record Navigate Form Reports Format Tab Help
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al I Main I Custom Fields Routing Status Fee Summary Actions Routing History
o Permit type aslu Aspen Land Use Permit # r
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N Address 1501E. HYMAN AptJSuite
oCity ASPEN State CO Zip 81611
6
°x Permit information z
o Master permit Routing queue aslul5 Applied 03r06!2015
F Project Status pending Approved
z
0
N Description APPLICATION FOR TEMP FOOD VENDING AT THE 501 E HYMAN INSIDE THE Issued
UTE ATRIUM FOR TRUE NATURE KITCHEN, LLC
Closed/Final 0
Submitted JPAMELA DAVIS 970 948190 Clock Running Days F70 Expires 02.+'29.2016
Submitted via
Owner
Last name DAVIS First name PAMELA 914 HVN 133
CARBOPJDALE CO 81623
Phone (970) 510-5743 Address
Applicant
0 Owner is applicant? 0 Contractor is applicant?
Last name ILINEHAN First name KATE
Phone O Cust # 29196 Address
Email
Lender
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8.Outdoor food/beverage vending license. Outdoor food/beverage vending shall be
approved, approved with conditions or denied by the Community Development Director
based on the following criteria:
1. Location. All outdoor food/beverage vending must be on private property and
may be located in the Commercial Core (CC), Commercial (C 1), Neighborhood
Commercial (NC), or Commercial Lodge (CL) zone districts. Outdoor Food
Vending may occur on public property that is subject to an approved mall lease.
Additional location criteria:
1. 1) The operation 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.
2. 2) Normal operation, including line queues, shall not inhibit the
movement of pedestrian or vehicular traffic along the public right-of-way.
3. 3) The operation shall 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 existing 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 operation is intended to be stationary within the interior of the Ute City Bank
building and will not be moving throughout the duration of the permit.
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)
2. Size. The area of outdoor food/beverage vending activities shall not exceed fifty
(50) square feet per operation. The area of activity 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
3. Signage. Signage for outdoor food/beverage 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 Applicant commits to following the signage standards
mentioned above.
City of Aspen Land Use Code
Part 400 — GMQS Page 14
4. Environmental Health Approval. Approval of a food service plan from the
Environmental Health Department is required. 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 currently holds an approved Food Service License
from the City of Aspen.
5. Building and Fire Code Compliance. All outdoor food/beverage vending
operations must comply with adopted building and fire codes. Applicants are
encouraged to meet with the City's Building Department to discuss the vending
cart/stand.
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.
6. Application Contents. An application for a food/beverage vending license shall
include the standard information required in 26.304.030.13, plus the following:
1. Copy of a lease or approval letter from the property owner.
2. A description of the operation including days/hours of operation, types of
food and beverage to be offered, a picture or drawing of the vending
cart/stand, and proposed signage.
3. The property survey requirement shall be waived if the applicant can
demonstrate how the operation will be contained on private property.
Applicant Response: Included in the submittal packet is the operation plan. This plan
was furnished to the property owner when consent approval was sought. A current
Property Use Agreement has been affixed to the submittal packet.
7. License Duration. Outdoor food/beverage vending licenses shall be valid for a one
(1) year period beginning on the same the date that the Notice of Approval is
signed by the Community Development Director. This one (1) year period may
not be separated into non- consecutive periods.
Applicant Response: The Applicant acknowledges all of the above.
License Renewal. Outdoor food/beverage vending licenses may be renewed.
Upon renewal the Community Development Director shall consider the returning
vendor's past performance. 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. Unresolved complaints may result in
denial of a renewal request.
Applicant Response: The Applicant acknowledges all of the above.
9. Business License. The vending operator must obtain a business license.
Applicant Response: The Applicant has obtained a business license for 2015
10. Affordable Housing and Impact Fees Waived. The Community Development
Director shall waive affordable housing mitigation fees and impact fees associated
with outdoor food/beverage vending activities.
Applicant Response: The Applicant acknowledges that the Director will waive the
affordable housing mitigation fee for this permit.
11. Maintenance and public safety. Outdoor food/beverage 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.
12. Abandonment. The City of Aspen may remove an abandoned food/beverage
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.
13. Temporary Cessation. 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/beverage cart will create a public safety issue or create an excessive
burden on the event activities.
Applicant Response: The Applicant agrees to the above conditions.
City of Aspen Land Use Code
Part 400 — GMQS Page 15
n. License Revocation. The Community Development Director may deny renewal or
revoke the license and cause removal of the food/beverage vending operation if the
vendor fails to operate consistent with these criteria. An outdoor food/beverage vending
license 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. Licenses granted in this
subsection are subject to revocation by the City Manager or Community Development
Director without requiring prior notice.
Applicant Response: The Applicant acknowledges all of the above.
(Ord. No. 14, 2007, § 1; Ord. No. 6 — 2010, §3; Ord. No. 913, 2010 § 1; Ord. No. 22, 2013,
§1)
0 •
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL LAND USE APPLICATION PACKET
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:
1. 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
7. Affidavit of Notice
All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal
Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second
floor of City Hall and on the internet at www.aspenpitkin.com , City Departments, City Clerk,
Municipal Code, and search Title 26.
We strongly encourage all applicants to hold a pre -application conference with a Planner in
the Community Development Department so that the requirements for submitting a complete
application can be fully described. Also, depending upon the complexity of the development
proposed, submitting one copy of the development application to the Case Planner to
determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials
and Staff time.
Please recognize that review of these materials does not substitute for a complete review of the
Aspen Land Use Regulations. While this application package attempts to summarize the key
provisions of the Code as they apply to your type of development, it cannot possibly replicate the
detail or the scope of the Code. If you have questions which are not answered by the materials in
this package, we suggest that you contact the staff member assigned to your case or consult the
applicable sections of the Aspen Land Use Regulations.
Land Use Review Fee Policy
The City of Aspen has established a review fee policy 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.
A flat fee is collected by Community Development for applications which normally take a minimal and predictable
amount of staff time to process. Review fees for other City departments reviewing the application (referral
departments) will also be collected when necessary. Flat fees are cumulative — meaning an application with
multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable.
A review fee deposit is collected by Community Development when more extensive staff review is required.
Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on
the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community
Development Director, the project is expected to take significantly less time to process than the deposit indicates.
A determination on the deposit amount shall be made during the pre -application conference by the case planner.
Hourly billing shall still apply.
All applications must include an Agreement to Pay Application Fees. One payment 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.
The Community Development Department shall keep an accurate record of the actual time required for the
processing of a land use application requiring a deposit. The City can provide a summary report of fees due at
the applicant's request. The applicant will be billed for the additional costs incurred by the City when the
processing of an application by the Community Development Department takes more time or expense than is
covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no
additional administrative charge. In the event the processing of an application takes less time than provided for
by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be
due regardless of whether an applicant receives approval.
Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and
recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon
conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director
accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time
of final application submission. Upon final approval all billing shall again be reconciled prior to the Director
accepting an application for review of technical documents for recordation.
The Community Development Director may cease processing of a land use application for which an unpaid
invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of
1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be
assigned by the Municipal Court Judge. All payment information is public domain.
All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements
and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits
already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or
issuance of a stop work order until full payment is made.
The property owner of record is the party responsible for payment of all costs associated with a land use
application for the property. Any secondary agreement between a property owner and an applicant representing
the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties.
January. 2013 City of Aspen 1130 S. Galena St. 1 (970) 920-5090
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY: "Jn �- �yIJIP�IV l 0 TIiP-�,� ULQGIL- �S
Aspen, CO L�T 7 aV- ja u U r r
STATE OF COLORADO )
) ss.
County of Pitkin )
(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 no later than 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.
Signa e
The foregoing "Affidavit of Notice" was acknowledged before me this / r7 day
of [, , 20t2, by V9VQ Yk • 1
PUBLIcOncE
DEVELOPMENT APPROVAL
Notice is hereby given tic general public of the
aapppprroval Of a site iv e t is development plan, and
mg'LTgation d a vested Properb r'9ht pursuant to
Lam Use Cads d the City of Aspen andrt i ^e
24 Amide 68, C -do Revised Statutes, Pe Lots
ing to the totiowmg legally gibed property
raph D d Block 95, City end Towns
A thite of As-
pen, Colorado, commonly known as the Ute City
Bank Building SO r o� immunity Develop-
rado, 81811, by Gc ,rts,
ment Director On April 1st, 2015. The APp prov-
David Avalos and Panels Dav'°• received apC
al for the Sale of L—. -Made Products m om-
mon Areas of a Commeraal Build ng' bca/ad in the
arcade of the Ute City Bank Buildup at 501 E. Hy-
man Avenue. For further information contact
Rebecca Levyy at the City of Aspen Community
ant DePt 130 S. Galena St. AaPen• Colo-
rado (970) s20-50so. -
sl of Aspen
pu� h in the Aspen Times on April gM. 2015
(11091566) r
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: .3 l
Cl�
Notary Public
EMY
71dentification
BETH HENNING
ATTACIDlENTS: STATE OF COLORADO
#20154012950
Expires 3/31/2019
COPY OF THE P UBLICATION
Agreement to Pay Application Fees
An agreement between the City of Aspen ("city") and
Property .� �� Phone No.: 9-7a
Owner ("I"): !�'..1VLd "�/ a �l S Email:
c h e-(paivi e�u,vi t
Address of ii r-� Billing J �33
Property: " Address: ��, �� ��
(subject of lM► �jZ Pih �� 4�Z (send bills here)
application) 11
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.
0 , o0 Select Dept 0 Select Dept
$, 8 flat fee for $_ flat fee for
0 flat fee for $ flat fee for Select Dept 0 Select Review
$
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.
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 $325 per hour.
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$ deposit for hours of Engineering Department staff time. Additional time above the deposit
amount will be billed at $265 per hour.
January. 2013 Cite of Aspen 1130 S. Galcna St. 1 (970) 920-5090
• •
ATTACHMENT 2 -LAND USE APPLICATION
PROJECT:
Name:
Location: —6 84 g1do kk-lo
(Indicate street addr s, lot &block number, Ie al description where appropriate)
Parcel ID # (REQUIRED)
APPLICANT:
Name:
Address: q Itl t L)
Phone #: J::7ve5-
REPRESENTATIVE:
Name:
Address:
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Phone #: q y0 - y ��
TYPE OF APPLICATION: (please check all that apply):
❑
GMQS Exemption
❑
GMQS Allotment
❑
Special Review
❑
ESA — 8040 Greenline, Stream
Margin, Hallam Lake Bluff,
Mountain View Plane
❑
Commercial Design Review
❑ Residential Design Variance
❑ Conditional Use
❑ Conceptual PUD
❑ Final PUD (& PUD Amendment)
❑ Subdivision
❑ Subdivision Exemption (includes
condominiumization)
❑ Lot Split
❑ Lot Line Adjustment
Temporary Use
❑ Text/Map Amendment
❑ Conceptual SPA
❑ Final SPA (& SPA
Amendment)
❑ Small Lodge Conversion/
Expansion
❑ Other:
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
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PROPOSAL: (description of proposed buildings, uses, modifications, etc.
Have you attached the following? FEES DUE: S_
❑ Pre -Application Conference Summary
❑ Attachment 91, 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.
•
u
True Nature Kitchen
914 Hwy 133 Carbondale CO 81623
970-510-5743
The intention of True Nature Kitchen is to serve an assortment of fresh organic cold -pressed juices,
smoothies, vegan desserts, raw food and other snack items offered as a convenient grab and go option.
*Please see the attached menu for a description of our offerings.
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 1 year permitting duration beginning
immediately following application approval.
2. The intended hours of operation would be from 10am to 4pm, open Monday thru Friday.
3. The proposed site of 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 staircase.
4. See attached form of Owner consent for operation.
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PROPERTY USE AGREEMENT
UTE CITY BUILDING, ASPEN
TRUE NATURE KITCHEN, LLC
This Property Use Agreement ("Agreement") outlines the details surrounding the
use of a portion of the common area as highlighted on the attached Site Map for locating
a kiosk for the sale of food, iuice and related products within the Ute City Building located
at 501 E Hyman Ave ("Building"). Aspen. Colorado ("Use"). This Agreement is made
between James E Cox Living Trust ("Owner"), and True Nature Kitchen. LLC ("User").
This Agreement commences March 1, 2015 and replaces the previous Property Use
Agreement dated January 26, 2015 with The HoneyBee LLC as User ("Prevlous User").
Owner and The HoneyBee, LLC agree that said previous agreement is hereby terminated
as of February 28, 2015.
User agrees to the following:
1. Indemnify, defend and hold Owner, their officers, agents and employees, and
James T. Clay, Successor Trustee of the James E. Cox Living Trust~ ("Owner?
harmless against all loss, damage, expense and liability arising out of or in
connection with the Use, however caused, regardless of any negligence by Owner,
whether active or passive.
2. User shall, on request, defend any suit asserting a claim covered by this obligation
to indemnify.
3. User shall pay any cost that may be incurred by Owner enforcing this obligation to
Indemnify, including reasonable attorneys fees, costs and disbursements.
4. Be responsible for obtaining all permits, licenses and other authorizations that
may be needed in connection with the Use.
5. Pay for any internet or telecommunication services to the site. User may use the
free Internet service so long as It is supplied by Owner, however Owner is under
no obligation to continue to provide this service.
6. Promptly remove all trash, litter and other debris resulting from the Use on a daily
basis.
7. Return the property to the condition in which it was received upon termination of
this agreement.
8. Property Manager will have the right, without any liability or responsibility, to
dispose of anything left on the property after the Use at User's expense.
9. Comply with government laws, rules, regulations and orders applicable to use of
the property and such reasonable regulations as the City of Aspen and Pitkin
County may impose.
10. Obtain public liability insurance In the amount of $1,000,000 with respect to the
1
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•
Use and name Owner and affiliates as additional insureds and furnish them
evidence of such insurance within one (1) week of mutual execution of this
agreement.
Owner agrees to the following:
1. To make the property available to User for payment to Owner of Ten Percent (10%) of
gross sales per calendar month payable within Seven (7) days after the end of each
month. Gross sales shall be defined as the total sales of merchandise or goods
whether wholesale, retail, cash or credit originating out of the Building. Checks will be
made payable to James E. Cox Living Trust and mailed c/o Frias Properties of Aspen,
730 East Durant Ave, Aspen, CO 81611;
2. Use term has already commenced ("Use Term") and shall continue until either of the
parties provide Thirty (30) Days' prior written notice of termination of this Agreement
("Termination Notice");
3. User will only conduct its Use in the area highlighted on attached Site Plan ("Exhibit
A")•
4. User and User's customers will be allowed to use tables and seating that are owned by
the Building and currently located within the atrium (five tables) so long as User cleans
up after said use by customers.
5. User's trash will be disposed of by User depositing trash into the alley trash receptacle
for the Building.
6. Owner shall pay all operating expenses not specifically billed to User by a third party
provider.
PARTIES CONFIRM AND APPROVE THIS AGREEMENT:
sor Trustee fo tt a James E.
ng Trust
Ute City Building, Aspen, CO
Dated: �� 1
t
Tru e Kitch n LL
Y: David valos nd ela Davis
User
Dated:
Q
e HoneyBee, LLC
BY: Katherine Linehan
Previous User: confirmation of termination
Dated: ,�' ja14 / 5—
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TRUE DIMENSIONS
Ute City Building
P.O. BOX 10431
ASPEN COLORADO 81612
NAM LUn
(970) 618-8351
p.bm.ry 23, 2011 Imp m co
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Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a Homeowner Association
Compliance Form (this form) certifying the scope of work included in the land use application complies
with all applicable covenants and homeowner association policies, The certification must be signed by
the property owner or Attomey representing the property owner.
Property Name: Jame t 1
Owner ("I'): Email: kj6hone No.:
Address of 5o / ,r-7 �Y"man venueProperty:(subject of 2n (P/O//
application) V
1 certify as follows: (pick one)
DK This property is not subject to a homeowners association or other form of private covenant.
❑ This property is subject to a homeowners association or private covenant and the improvements
proposed in this land use application do not require approval by the homeowners association or
covenant beneficiary.
❑ This property is subject to a homeowners association or private covenant and the improvements
proposed in this land use application have been approved by the homeowners association or
covenant beneficiary.
l understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the
applicability, meaning pr effect of pr' ate covenants or homeowner association rules or bylaws. I
understand that this dccuaient isia plLc document.
Owner signature:
Owner printed na
or,
Attorney signature:
Attorney printed name:
date:
date:
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CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Sara Nadolny, 970.429.2739 DATE: 2/16/2015
PROJECT: 501 E. Hyman, inside atrium
APPLICANT: Kate Linehan
TYPE OF APPLICATION: Temporary Food Vending
DESCRIPTION:
The Applicant is requesting renewal of a Temporary Food Vending permit to operate a food cart on
private property, inside the atrium at 501 E. Hyman.
The temporary use will run for a total of twelve (12) 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(8). Below is a link to the Land Use application Form for your convenience:
http://www.aspenpitkin.comIPortai s/0/does/City/Comdev/Apps%20and%20Fees/2013 %2 Oland%20use%20app%'?
Oform.pdf
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.470.060(8) Outdoor Food/Beverage Vending License
Follow link below to view the City of Aspen Land Use Code:
http://www aspenpitkin com/Departments/Community-Development/Planning-and-ZoningITitle 26 Land Use
Code/
Review by: Community Development Staff for complete application
Public Hearing: Not required for this review.
Planning Fees: $81 flat fee for Staff review
Total Deposit: $81
Total Number of Application Copies: 2 Copies
To apply, submit the following information:
0 Total Deposit for review of application.
0 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.
•
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E] Street address and legal description of the parcel on which the temporary food vending
operation is proposed to occur,
0 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(8)
Temporary Outdoor Food Vending.
= A drawing/photo depicting the size of the temporary use (not to exceed fifty (50) square feet).
F—I A signed letter from the building owner allowing for the temporary use to occur on their
property.
= 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.
8. Outdoor food/beverage vending license. Outdoor food/beverage vending shall be
approved, approved with conditions or denied by the Community Development Director
based on the following criteria:
1. Location. All outdoor food/beverage vending must be on private property and
may be located in the Commercial Core (CC), Commercial (C 1), Neighborhood
Commercial (NC), or Commercial Lodge (CL) zone districts. Outdoor Food
Vending may occur on public property that is subject to an approved mall lease.
Additional location criteria:
1. The operation 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.
2. Normal operation, including line queues, shall not inhibit the movement
of pedestrian or vehicular traffic along the public right-of-way.
3. The operation shall 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 existing 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 operation is intended to be stationary within the interior of the Ute City Bank
building and will not be moving throughout the duration of the permit.
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)
2. Size. The area of outdoor food/beverage vending activities shall not exceed fifty
(50) square feet per operation. The area of activity 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
3. Signage. Signage for outdoor food/beverage 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
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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 Applicant commits to following the signage standards
mentioned above.
City of Aspen Land Use Code
Part 400 — GMQS Page 14
4. Environmental Health Approval. Approval of a food service plan from the
Environmental Health Department is required. 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 currently holds an approved Food Service License
from the City of Aspen.
5. Building and Fire Code Compliance. All outdoor food/beverage vending
operations must comply with adopted building and fire codes. Applicants are
encouraged to meet with the City's Building Department to discuss the vending
cart/stand.
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.
6. Application Contents. An application for a food/beverage vending license shall
include the standard information required in 26.304.030.13, plus the following:
1. Copy of a lease or approval letter from the property owner.
2. A description of the operation including days/hours of operation, types of
food and beverage to be offered, a picture or drawing of the vending
cart/stand, and proposed signage.
3. The property survey requirement shall be waived if the applicant can
demonstrate how the operation will be contained on private property.
Applicant Response: Included in the submittal packet is the operation plan. This plan
was furnished to the property owner when consent approval was sought. A current
Property Use Agreement has been affixed to the submittal packet.
7. License Duration. Outdoor food/beverage vending licenses shall be valid for a one
(1) year period beginning on the same the date that the Notice of Approval is
signed by the Community Development Director. This one (1) year period may
not be separated into non- consecutive periods.
Applicant Response: The Applicant acknowledges all of the above.
8. License Renewal. Outdoor food/beverage vending licenses may be renewed.
Upon renewal the Community Development Director shall consider the returning
vendor's past performance. 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. Unresolved complaints may result in
denial of a renewal request.
Applicant Response: The Applicant acknowledges all of the above.
9. Business License. The vending operator must obtain a business license.
Applicant Response: The Applicant has obtained a business license for 2015
10. Affordable Housing and Impact Fees Waived. The Community Development
Director shall waive affordable housing mitigation fees and impact fees associated
with outdoor food/beverage vending activities.
Applicant Response: The Applicant acknowledges that the Director will waive the
affordable housing mitigation fee for this permit.
11. Maintenance and public safety. Outdoor food/beverage 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.
12. Abandonment. The City of Aspen may remove an abandoned food/beverage
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.
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13. Temporary Cessation. 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/beverage cart will create a public safety issue or create an excessive
burden on the event activities.
Applicant Response: The Applicant agrees to the above conditions.
City of Aspen Land Use Code
Part 400 — GMQS Page 15
n. License Revocation. The Community Development Director may deny renewal or
revoke the license and cause removal of the food/beverage vending operation if the
vendor fails to operate consistent with these criteria. An outdoor food/beverage vending
license 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. Licenses granted in this
subsection are subject to revocation by the City Manager or Community Development
Director without requiring prior notice.
Applicant Response: The Applicant acknowledges all of the above.
(Ord. No. 14, 2007, § 1; Ord. No. 6 — 2010, §3; Ord. No. 9B, 2010 § l ; Ord. No. 22. 2013.
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