Loading...
HomeMy WebLinkAboutcoa.lu.tu.427 E Hyman Ave.0072.2009THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0072.2009.ASLU 2737 18 2 16 007 427 E. HYMAN AVE CHRIS /DREW TEMP USE WENDY SMITH 10.30.2009 CLOSED BY Angela Scorey on 11/212009 THE Cm of AsPea Fee Wa[72r Request Form City of Aspen Community Development Department This form should be completed and submitted to the Community Development Director for review. You will be notified when a decision has been made to waive or not to waive the fees regarded in this request form. For what fees are you requesting waiver? ❑ BUILDING PLANNING Applicant Name: Wepitly NArJ0n1 67N.tr'tt- ContactPh.# Mailing address: F0 box 4343311, Aeri:N-_J C6 816(a E -mail Project name &address: L)-^2K• U- Eor+ -srC iFc4FY TEmp Use. 1 o&AY71JA t•t WTEAroR Ala ZRbE 0 JT-P, GfTV (TANK • 501 e HVM.4N. Fee Breakdown: TOTAL OF FEE WAIVER REQUEST Reason for Waiver: ❑ General Fund Department ❑ Waived or decreased by City Council (specify ordinance or other decision document) Other- Please Applicant Signature For office use only: _ n Type of fees waived: <APPROVED ❑ DISAPPROVED Akk , Community Development Director Date Total fees waived: $ e Original Fee Requested Original Fee Requested Fee Description Amount Waiver Fee Description Amount Waiver Energy Code Fee REMP Fee Excavation Foundation Fee Zoning Review Fee Inspection Fee Planning Application Fee Permit Fee HPC Application Fee Plan Check Other: TOTAL OF FEE WAIVER REQUEST Reason for Waiver: ❑ General Fund Department ❑ Waived or decreased by City Council (specify ordinance or other decision document) Other- Please Applicant Signature For office use only: _ n Type of fees waived: <APPROVED ❑ DISAPPROVED Akk , Community Development Director Date Total fees waived: $ CITY OF Qili COMMUNITY MVELOPMENT DEF-'%RTMENT FEE WAIVER POLICY PURPOSE Fee waivers to eligible individuals and organizations submitting for building permit or land use application may be considered upon filing a fee waiver request form to the Community Development Department. Approval of fee waiver requests may be made by the Community Development Director, according to the adopted fee policy of the City of Aspen. Costs for all building permit and land use applications, other than those waived by the Community Development Director, shall be paid as specified by the fee policy; prior to the issuance of building permits and at the time of submittal of land use applications. PROCESS Fees administered by the Community Development Department can only be waived by submitting a completed fee waiver form to the Community Development Director. The request shall contain a description of the project along'with a statement expressing eligibility for fee waiver. The Community Development Director will review the request and give approval or disapproval in accordance with provisions set forth in this policy. The Community Development Director does not have the ability to waive fees administered by other City Departments or other organizations. All organizations and individuals seeking fee waiver MUST submit their written request to the City of Aspen Community Development Director prior to submitting the building permit or land use application. The approved fee waiver must then be presented at the time the building permit or land use application is submitted to the building or planning departments. ELIGIBfLI'fY CRITE9IA General Fund Departments do not pay fees to the Community Development Department for building permits or planning applications, with the exception of Capital Projects. The fees waived for these projects will be tracked by the Community Development Department (journal entries are therefore unnecessary). In effort to keep paperwork and applications consistent, General Fund Departments shall still be required to submit the approved fee waiver with all applications for building and planning applications. r l i ' 3*' V r i:, l , 3 t a , 1 General Fund Departments s irtdude: Non - Departmental City Council City Manager Personnel City Clerk City Attorney Risk Management City Finance Department Community Development Engineering Department 'EFlaing Department Environmental Health Police Department Records 001.00 001.03 001.05 001.06 001.07 Streets Department Parks Department GIS Department IT Department Special Events 001.09 Recreation Activities 001.10 ,._'�, Aspe itkcrotioncwikf,'ARC► 001.11 Ice Garden Operations 001.13 001.15 001.21 001.25 001.31 001.33 001.39 Cons. Trust FD /Lottery *Capital Projects Asset Management Plan (AMP) *Tabor Capital Projects Outgoing Transfers NOTE* Capital Projects are not 001.41 001.55 001.60 001.61 001.70 001.71 001.72 001.74 001.75 001.90 001.91 001.94 001.95. DEVELOPMENT ORDER !i WITI'l City of Aspen Community Development Department This Development Order, hereinafter "Order ", is hereby issued pursuant to Section 26.304.070, "Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. James Cox C/O Kruger and Co., 400 E Hyman Ave., Aspen, CO 81611 Property Owner's Name, Mailing Address City and Townsite of Aspen Block: 89, Lot: Thru I E 6' of G, All of H & I Legal Description and Street Address of Subject Property Approval of a Temporary Use Permit to allow a food vending cart to operate in the interior arcade at the Ute City Bank Building. Description of the Site Specific Plan and /or Attachment Approval by the City of Aspen City Council for a Temporary Use Permit under Resolution 86 Series of 2009, October 26, 2009 Approval(s) Received and Dates (Attach Final Ordinances or November 8 2009 Effective Date of Development Order (Same as date of publication of notice of approval.) Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 28thth day of October, 2009, by the City of Aspen Community Development Director. Chris Ben&&,- Community Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan pertaining to the following legally described property: Block: 89, Lot: Thru I E 6' of G, All of H & I, City and Townsite of Aspen, the property commonly known as 427/501 E. Hyman Avenue by order of the City of Aspen City Council on October 26, 2009. The Applicant received a Temporary Use Permit to operate a food vending cart in the interior arcade space at the Ute City Bank Building. For further information contact Drew Alexander, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429 -2739. s/ City of Aspen Publish in The Aspen Times on November 8, 2009 Vt1a I►/ Z�� TO: Mayor Ireland and City Council THRU: Chris Bendon, Community Development Director ALIf FROM: Drew Alexander, Community Development, Planner Technician 3: ` RE: Dark Horse Alley — Ute City Bank Building, 427 & 501 East Hyman Avenue Temporary Use Permit — Public Hearing Resolution NoBlp Series of 2009. DATE: October 26, 2009 Land Use Request: Wendy Nanon Smith, owner of the Dark Horse Alley food cart currently operating on Cooper Avenue, is requesting a Temporary Use Permit to operate her vending cart inside the Ute City Bank Building located at the comer of Galena and Hyman. She serves a variety of coffees, teas, salads, panini, sandwiches, etc. The cart would be placed inside the interior mall space that serves multiple businesses. The Applicant has the support of adjacent businesses and the building owner. If approved, the temporary use permit will be valid for six months starting November 280i, 2009. Staff Recommendation: Approval. Applicant: James Cox, building owner. Wendy Nanon Smith, vending cart operator. Representative: Ruth Kruger, Property Manager Location: The Ute City Bank Building, corner of Hyman Avenue and Galena Street. 501 East Hyman Avenue, a.k.a. 427 East Hyman Avenue. SUMMARY: The owner of the Dark Horse Alley food vending cart would like to operate from within the Ute City Bank Building. The City has traditionally treated vending carts as commercial development, requiring affordable housing mitigation, parking, etc. The City amended its codes in 2002 allowing outdoor vending operations on 6 -month permits. The Dark Horse Alley cart has operated under one of these permits along Cooper Avenue (on private property) this past summer. P51 P52 The City Council recently directed City staff to asses the City's codes and provide additional flexibility for these types of operations. The process of drafting new laws will likely take some time, more time than would meet the needs of this applicant. Staff suggested the applicant pursue a temporary permit for this winter season. Staff has not heard complaints about the Cooper Avenue operation. In fact, comments have been positive. The Applicant has agreed to obtain all necessary food preparation permits and health inspections. The temporary use process allows City Council to approve concepts that do not necessarily meet the City's codes. Temporary Use permits do not vest or become grandfathered entitlements. Staff supports this application and believes the operation will bring some desired activity to this interior space. The applicant will need to keep signage to within the City's codes, and those details can be worked -out with staff. Staff recommends the Temporary Use Permit be granted. RECOMMENDATION: Staff is recommending approval. RECOMMENDED MOTION: "I move to approve Resolution No.�qQ , Series of 2009, approving a temporary permit for the Dark Horse Alley to operate in the Ute City Bank Building." CITY MANAGER COMMENTS: ATTACHMENTS: A— Temporary Use Criteria B — Application P53 RESOLUTION NO. � (Series of 2009) A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING A TEMPORARY USE APPROVAL FOR A FOOD VENDING CART IN THE INTERIOR ARCADE SPACE AT THE UTE CITY BANK BUILDING, 427 & 501 EAST HYMAN, ASPEN, COLORADO. Parcel ID. 2737 - 182 -24 -001 (501 E. Hyman) WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, James Cox and Wendy Nanon Smith, represented by Ruth Kruger, have submitted an application for a Temporary Use Permit to place a food vending cart in the interior arcade of the Ute City Bank Building located at 427 and 501 East Hyman Avenue. Temporary food vending from carts is only allowed outdoors but may be approved indoors as a temporary use; and, WHEREAS, the operation is expected to begin on November 28`h, 2009, and be in place no longer than six (6) months unless an extension is requested; and, WHEREAS, the Community Development Department has reviewed the temporary use application and recommends that the City Council approve the temporary use permit; and, WHEREAS, the Aspen City Council has reviewed and considered the temporary use request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, City Council finds that the proposed temporary use is consistent with the character and existing land uses of the surrounding parcels and neighborhood and that granting the temporary use permit will not adversely impact the community or the neighborhood; and, WHEREAS, the City Council finds that the temporary use request meets or exceeds all applicable development standards and that the approval of the proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: In accordance with Section 26.450.020 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby grant James Cox and Wendy Nanon Smith a temporary use permit to install a food vending cart in the interior arcade of the Ute City Bank Building which may operate for the period of November 28, 2009, through May 28, 2010. Resolution No. _, Series 2009. Page 1 P54 s^ '"•, Section 2: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, Adopted, Passed, and Approved on this _ day of 2009, at a duly noticed public hearing before City Council. APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Worcester, City Attorney Michael C. Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk Resolution No. _, Series 2009. Page 2 P55 Ex mrr A Dark Horse Alley REVIEW CRITERIA & STAFF FINDINGS: 26.450.030 Temporary Use When considering a development application for a temporary use, City Council shall consider, among other pertinent factors, the following criteria: The location, size, design, operating characteristics, and visual impacts of the proposed use. Staff Finding: The installation will be visible from within the property. The vending cart will be installed within the mall space of the Ute City Building. Staff believes that the size and design of the temporary installation will not create substantial negative visual impacts and the limited timeframe for the installation will not cause any long -term impacts. Staff finds this criterion to be met. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Staff Finding: This vending cart is compatible with the commercial uses in the building and is expected to compliment the existing businesses. The applicant does have the support of adjacent businesses. Staff finds this criterion to be met. The impacts of the proposed use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. Staff Finding: Staff does not believe that the installation will have any negative impacts on vehicular traffic, traffic patterns, municipal services, noise levels. The property has capacity for additional pedestrian use. Staff does not expect any substantial effect upon the neighborhood character. Staff finds this criterion to be met. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Finding: The installation is expected to run from November 28' through May 28`x'. Previous temporary uses have not been approved for this site. This cart operator has operated under a temporary use permit on Cooper Avenue and there are no outstanding issues with the cart. Staff finds this criterion to be met. DHA Temp Use Comments. Page 1 P56 The purposes and intent of the zone district in which the temporary use is proposed Staff Finding: The Ute City Bank building is zoned Commercial Core. The temporary cart is in keeping with the purposes and intent of the zone district. Staff finds this criterion to be met. . The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed Staff Finding: The recent examples and experience of food vending carts has been well received. Staff expects this operator to continue to operate in a manner consistent with the peroprty owner's and -the City's expectations. No significant changes to this property or the surrounding area have occurred that would affect this request. Staff finds this criterion to be met. How the proposed temporary use will enhance or diminish the general public health, safety, or welfare. Staff Finding: The applicant has agreed to obtain all necessary food preparation permit and food inspections. Staff believes this use does not represent a threat to the public health, safety .M& or welfare. Staff finds this criterion to be met. 1— DHA Temp Use Comments. Page 2 C'rr���'^►A' P57 DARK HORSE ALLEY f1rT 01 2009 VI I 1 yr r%OrtN ,OMMUNITY DEVELOPMENT DARK HORSE ALLEY will offer a place to get a cup of coffee or soup inside the public area of the Ute City Bank Building. The mobile cart will be parallel to the staircase, 6 feet out from the staircase, and taking up approximately 10 feet length of space (60 s.f.). No flow of traffic will be disturbed. The land owner, the leasing agent, and the current tenants all eagerly support the concept, agreeing that the added mobile, temporary vendor will increase customer traffic to their stores and create a warm, inviting ambiance to the currently empty passageway. � The suggested months of operation will be from November 28`' 2009 thru May 28`h, 2010, WITH OPTION TO RENEW CITY PERMIT, IF THE EXTENSION a OF PERMITABLE TIME IS ALLOWD. My operation will only increase retail sales in existing spaces, as well as add revenue to the city. My operation will not contradict or compete with any other food or retail product in this area of town. Thank you for your consideration. I P.O. Box 8433 Aspen, Colorado 81612 ate* { I . f � k ' { i cy�jy. axe E t fiFF�'ir /. j • ^T u tr_'t I i i I I i 'R E t fiFF�'ir /. j • ^T {}y . u tr_'t I i i {}y . s ° O 1R Yv'Y e" Y. 1 14 Fi 61 September 26, 2009 City of Aspen City Council 130 South Galena, Aspen, CO 81611 Dear Esteemed Council Members, We are pleased as neighbors to welcome Wendy Nanan and her concept and coffee wagon, Dark Horse Alley, into the interior space in the Ute City Bank Building. We hope that this will help to enliven the area and give her a warm environment in which to serve her snacks and beverages. Please consider this our approval for the Temporary License. Sincerely, m Cupit, 0 , Black Pearl qataty O Patterson, Owner, Bloomingbirds, Inc. Brian E. Leach, owner, CWB Enterprises, Inc. dba Wind River Gallery Michele Broser, General Manager, Burberry A;&4xy4WP "deaKIp "Of 400 E. HYMAN AVENUE • ASPEN, COLORADO, 81611 - PHONE: 970.920.4001 • FAX: 970.920.4007 P65 P66 ^ I September 26, 2009 City of Aspen City Council 130 South Galena, Aspen, CO 81611 Dear Esteemed Council Members, We are pleased as neighbors to welcome Wendy Nanan and her concept and coffee wagon, Dark Horse Alley, into the interior space in the Ute City Bank Building. We hope that this will help to enliven the area and give her a warm environment in which to serve her snacks and beverages. Please consider this our approval for the Temporary License. Sincerely; A t, O `earl ally 6atterson, Owner, Bloomingbirds, Inc. —� Brian E. Leach, owner, CWB Enterprises, Inc. dba Wind River Gallery Michele Broser, General Manager, Burberry 400 E. HYMAN AVENUE • ASPEN, COLORADO, 81611 • PHONE: 970.920.4001 • Fax: 970.920.4007 09/29/09 TQE 03:13 FAX 510 947 4309 JAIMS E C01 970- 920 -4007 09- 29- 09:02:02PM:Krugar and COmPenY September 26, 2009 City of Aspen City Council 130 South Galena, aspen, CO 81611 Dear Esteemed Council Ylembers, We are pleased to welcome Wendy Nanan and her concept and coffee wagon, Dark horse Alley, into the interior space in the Ute City Bank Building. We hope that this will help to enliven the area and give her a warm environment in which to serve her snacks and beverages. Please consider this our approval for the Temporary license. Sincerely, 10 1 Jam�es�E. Cox 0i�� Ruth Kruger, Property Manager �OPO¢7 # 2/ 2 tea` a�raf Co�r/�a�r� _ s.,..,�. 970.920.QOD1 • FAX: 970.920.6007 P6ID/02/09 FRI 22:29 M 510 04369 JAKES E Cox LIMITED DURABLE POWER OF ATTORNEY This Limited Power of Attorney is intended for use during periods when I will be outside the United States of America in connection with foreign travel. I hereby appoint and authorize Kirk E. Wong to execute all documents required to be executed by me. Unless a third party his received its revocation, this Limited Durable Power of Attorney may be relied on by third parties with whom my attorney-in -fact may deal, without evidence of my location or foreign travel status. (t ) yq Jo r ames E. Cox Date: IM 002 IOWA To whom it may concem: I Kirk Wong has been granted Power of Attorney on behalf of Jim Cox hereby authorize the property manager of the Ute City Building one Ruth Kruger to represent the ownership in regards to the kiosk at the council meeting 10/26/2009. Ruth Kruger is authorized to represent the ownership of the Ute City Building on all matters regarding the kiosk for the Ute City Building. Feel free to contact me if there are any queries at all about this authorization being granted. Regards, Kirk Wong evanMd oacbell.net RECEIVED OCT to Zp09 COMM TY C) I A-SP NELOPMENT s W& Parcel Detail P70 '^1 Pitkin County Assessor /Treasurer Parcel Detail Information Page 1 of 3 Assessor/Treasurer Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail Residential/Commercial Improvement Detail Land Detail Photographs Taa Area Account Numberjj Parcel Number 2008 Mill Levy 001 R000493 273718216007 Owner Name and Address C JAMES E & NANCY KRUGER & CO E HYMAN AVE EN, CO 81611 Legal Description Subdivision: CITY AND TOWNSITE OF ASPEN Block: 89 Lot: G AND:- Lot: Thru ISubdivision: CITY AND TOWNSITE OF ASPEN Block: 89 Lot: G AND ; - Lot: Thru I E 6' OF G, ALL OF H & I. Location Physical Address: 427 E HYMAN AVE ASPEN Subdivision: CITY AND TOWNSITE OF ASPEN Land A 10 Land S Ft: 13,200 2009 Property Tag Valuation Information Actual Value Assessed Value �I Land: 6,600,000 1,775,140 O Parcel Detail .s tit Page 2 of 3 P71 Sale Date: 7/17/1982 Sale Price: 940,000 Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 2 Buildings: 6,600 Tax Information No Tax Records Found Top of Page Assessor Database Search Options I Treasurer Database Search Options Pitkin County Home Page Commercial/Industrial Building Occurrence 0 Characteristics OFFICE SECOND FLOOR: 115,050 MERCH FIRST FLOOR: 6,600 MERCH BASEMENT WAREHOUSE: 3,500 Total Area: 15,150 Property Class: MERCHANDISING - IMPROVEMENT Actual Year Built: 1900 Effective Year Built: 1990 Quality of Construction: GOOD -BASE Exterior Wall: JIG670D BASE Interior Wall: GOOD -BASE Nei hborhood: COA COMMERCIAL "A" CORE Tax Information No Tax Records Found Top of Page Assessor Database Search Options I Treasurer Database Search Options Pitkin County Home Page P72 0 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: (Z�„ Aspen, CO SCHEDULED PUBLIC HEARING DATE: O cp- 13t-6gE 5: oo_F -,n , 20o q STATE OF COLORADO ) ss. County of Pitkin ) I -ex, c�)GUI (name, please print) being or representinj an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: C/ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty -two (22) inches wide and twenty -six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. ,A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) P73 Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived, However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ignat The foregoing "Affidavit of Notice" was acknowledged before me this 2q day of S&0 (r .vyt L0,r 200 0, by eel a �cc>f e IM chae IG Irel nd M r Aspen Clry uicl Iblished in the Aspen Times Weekly an iptember 2y, 2009. [4058581] WITNESS MY HAND AND OFFICIAL SEAL My c'�o //mmission expires: Notary Public ATTACHMENTS AS APPLICABLE: TE PUBLICATION IPH OF THE POSTED NOTICE (SIGN) CE OWNERS AND GOVERNMENTAL AGENCIES NOTICED T CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BYC.R.S. §24 -65.5 -103.3 P74 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE Al?D OF PROPERTY: r' (L /k , .. a ': 1 SCHEDULED PUBLIC HEARING DATE: p Q 70 .200 / STATE OF COLORADO ) ss. County of Pitkin ) I, rGb{ -`f " p rW E r (name, please print) being or representing an Applicadto the City of Aspen, Colorado, hereby personally pertify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: V Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty -six (26) inches high, and which was composed of letters not less than one.inch in height. Said notice was posted at least fi een (15) days prior to; the public hearing and was continuously visible from the 4day of — a%12Aa' ' 200,7 to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(Ex2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) P75 Mineral Estate Owner Notice. By the certified mailing of notice, return receipt_ requested, to affected mineral estate owners by at least thirty (30)'days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text ansendnsent. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. TA� Signature The foregoing "Affidavit of Notice" was aciowledged before � me th�is� day of , ?0 (4, by WITNESS MY HAND AND OFFICIAL SEAL �nlln My commission expires: oul Li e�cJo � �,? • : �� ary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICA TION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYAWL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24- 65.5 -103.3 d®. Eile Edit getord O tyft Form Reports Format Iab lbelp I^Wl I&RUn ICustam F(elds Igctions FM Parc* Fee Swam Sub Drab I Adacments ROWV stab. IRM&V 4 ►� Perrrrt Type laski _j Aspen Land Use Permit i 10072,2009.ASLU Address 427 E HYMAN AVE J AptjSufte City ASPEN State CO Zip 81611 J - Permit Irrformatkn _. Master Permit r J Routing Queue aslu07 AppBed 1oj30/2009 Project I J Status ending Approved F_J Description TEMP USE PERMIT Issued I - J FhM FJ SubmRted IWENDY SMITH Clock Running Days Expres 10/25x2010 J ow br Last Name COX J Fist Name JAMES E & NANCY 304 5 GALENA 5T A Phone (970) 925 -2450 ASPEN C081611 r Owner IS Appfwnt7.. _... Applicant_ Last Name SMITH J Pest Name WENDY PO BO %8433 Phone (970)309 -6699 Cust N 28608 ASPEN C081612 . .ender_ Last Name FJ First Name F Phone Permit lenders full address AspenGoldlbl _ _�� Record 1 of 1- cap , KAY() �V_fv . Is all ''''T `? 1 2009 Li t t yr n x'tN 'OMMUNITY DEVELOPMENT DARK HORSE ALLEY will offer a place to get a cup of coffee or soup inside the public area of the Ute City Bank Building. The mobile cart will be parallel to the staircase, 6 feet out from the staircase, and taking up approximately 10 feet length of space (60 s.f.). No flow of traffic will be disturbed. The land owner, the leasing agent, and the current tenants all eagerly support the v concept, agreeing that the added mobile, temporary vendor will increase customer N traffic to their stores and create a warm, inviting ambiance to the currently empty ,� \ passageway. The suggested months of operation will be from November 28`' 2009 thru May 28`h, 2010, WITH OPTION TO RENEW CITY PERMIT, IF THE EXTENSION J OF PERMITABLE TIME IS ALLOWD. My operation will only increase retail sales in existing spaces, as well as add revenue to the city. My operation will not contradict or compete with any other food or retail product in this area of town. Thank you for your consideration. Sin ely, i 1'endy Nanon Smith P.O. Box 8433 Aspen, Colorado 81612 lko*�, offi* �14 "� OF-ON I 3 F it fi s 3 l i 1 it I 'A if k] }/ ƒ � � .� a September 26, 2009 City of Aspen City Council 130 South Galena, Aspen, CO 81611 Dear Esteemed Council Members, We are pleased as neighbors to welcome Wendy Nanan and her concept and coffee wagon, Dark Horse Alley, into the interior space in the Ute City Bank Building. We hope that this will help to enliven the area and give her a warm environment in which to serve her snacks and beverages. Please consider this our approval for the Temporary License. Sincerely, M^ Cam` l m Cupit, Owner, Black Pearl q tty O Patterson, Owner Bloom ngbirds, Inc. Brian E. Leach, owner, CWB Enterprises, Inc. dba Wind River Gallery Michele Broser, General Manager, Burberry Z�up A;V "d 1 dowlp"00 400 E. HYMAN AVENUE • ASPEN, COLORADO, 8151 1 • PRONE: 970.920.4001 • FAX: 970.920.4007 September 26, 2009 City of Aspen City Council 130 South Galena, Aspen, CO 81611 Dear Esteemed Council Members, We are pleased as neighbors to welcome Wendy Nanan and her concept and coffee wagon, Dark Horse Alley, into the interior space in the Ute City Bank Building. We hope that this will help to enliven the area and give her a warm environment in which to serve her snacks and beverages. Please consider this our approval for the Temporary License. Sincerely, �r�Black m Cupit, Own ea rl qatty 6atterson, Owner, Bloomingbirds, Inc. -�4�;; Brian E. Leach, owner, CWB Enterprises, Inc. dba Wind River Gallery Michele Broser, General Manager, Burberry lt;oqy4e Q7a eOlMr067ff 400 E. HYMAN AVENUE • ASPEN, COLORADO, 81611 • PHONE: 970.920.4001 • FAX: 970.920.4007 r 09/29/09 TUE 03:13 FAX 510'x47 4309 pg_29- 09 :02:02PM:Krugar and Company September 26, 2009 City of Aspen City Council 130 South Galena, Aspen, CO 81611 Dear Esteemed Council Members, -. JAMES E COX 910- 920 -4007 We are pleased to welcome Wendy Nanan and her concept and coffee wagon, Dark 14orse [alley, into the interior space in the Ute City Bank Building. We hope that this will help to enliven the area and give her a warm environment in which to serve her snacks and beverages. Please consider this our approval for the Temporary license. Sincerely, &james E. Coat, Owner 4ZIQ�902--- Ruth Kruger, Property Manager ao01 2/ 2 kowuywo "d coppw 600 E. HYMAN AVENUE - ASPEN. COLORADO- 81811 • PHONE: 970.920,4001 • FAX: 970.920.4007 10/02/09 FRI 22:29 FAX 510 47 4309 JAMES E COX R 002 LIMITED DURABLE POWER OF ATTORNEY This Limited Power of Attorney is intended for use during periods when I will be outside the United States of America in connection with foreign travel. I hereby appoint and authorize Kirk E. Wong to execute all documents required to be executed by me. Unless a third party has received its revocation, this Limited Durable Power of Attorney may be relied on by third parties with whom my attorney -in -fact may deal, without evidence of my location or foreign travel status. (�mes E. Cox Date: To whom it may concern: I Kirk Wong has been granted Power of Attorney on behalf of Jim Cox hereby authorize the property manager of the Ute City Building one Ruth Kruger to represent the ownership in regards to the kiosk at the council meeting 10/26/2009. Ruth Kruger is authorized to represent the ownership of the Ute City Building on all matters regarding the kiosk for the Ute City Building. Feel free to contact me if there are any queries at all about this authorization being granted. Regards, Kirk Wong evan28(a)pacbell. net RECEjVED OCT 1 ?009 ciry or �pMMGNITV pA� PMENT Parcel Detail Page 1 of 3 Pitkin County Assessor /Treasurer Parcel Detail Information Assessor /Treasurer Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail Residential /Commercial Improvement Detail Land Detail Photographs Tax Area IFAccou nt Number Parcel Number 2008 Mill Levy 001 11 R000493 11 273718216007 Owner Name and Address (JAMES E & NANCY KRUGER & CO E HYMAN AVE 'EN, CO 81611 Legal Description Subdivision: CITY AND TOWNSITE OF ASPEN Block: 89 Lot: G AND:- Lot: Thru ISubdivision: CITY AND TOWNSITE OF ASPEN Block: 89 Lot: G AND:- Lot: Thru I E 6' OF G, ALL OF H & I. Location Ph sical Address: 427 E HYMAN AVE ASPEN Subdivision• CITY AND TOWNSITE OF ASPEN Land Acres: 0 Land S Ft: 13,200 2009 Property Tax Valuation Information I1 __]I Actual Value 11 Assessed Value Land: 11 6,600,00011 1,775,140 httr):// www. i)itkinassessor .org/assessor/Parcel .asp ?AccountNumber= R000493 10/13/2009 Parcel Detail - Page 2 of 3 Sale Date: 7/17/1982 Sale Price: 940,000 Basic Building Characteristics Number of Number of Tax Information No Tax Records Found Ton of Page Assessor Database Search Options I Treasurer Database Search Options Pitkin CounV Home Page httD: / /www.Ditkinassessor. org /assessor/Parcel .asp ?AccountNumber= R000493 10/13/2009 Commercial/Industrial Building Occurrence 0 Characteristics OFFICE SECOND FLOOR: 15,050 MERCH FIRST FLOOR: 6,600 MERCH BASEMENTI WAREHOUSE: 3,500 Total Area: 15,150 Property Class: MERCHANDISING - IMPROVEMENT Actual Year Built, 1900 Effective Year Built: 11990 Quality of Construction: GOOD -BASE Exterior Wall: GOOD BASE Interior Wall: GOOD -BASE Neighborhood: JCOA COMMERCIAL "A" CORE Tax Information No Tax Records Found Ton of Page Assessor Database Search Options I Treasurer Database Search Options Pitkin CounV Home Page httD: / /www.Ditkinassessor. org /assessor/Parcel .asp ?AccountNumber= R000493 10/13/2009 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF �PR�O���P�ERTY: � � 60,e V �, , ..ir4 , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 200q STATE OF COLORADO ) ) ss. County of Pitkin ) 1 Scr' (-c'� (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: V Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty -two (22) inches wide and twenty -six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signat The foregoing "Affidavit of Notice" was acknowledged before me this :2q day ofg�2+nJI T 2000 by `�P.ic� Z—>Ccd" sMt p c Published In the Aspen Times Weekly on September 2], 2009. [4058591) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: ( _"e4r��� Notary Public ATTACHMENTS AS APPLICABLE: TEPUBLICATION tPH OF THE POSTED NOTICE (SIGN) rE OWNERS AND GOVERNMENTAL AGENCIES NOTICED T CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24 -65.5 -103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE A DRE S OF PROPERTY: Aspen, CO SCHEDULED PUBLIC HEARING DATE: p a�lerAy 200 STATE OF COLORADO ) ) ss. County of Pitkin ) 4"&t4 -wl L. W1 Iwwn I, rplym PtOer (name, please print) being or representing an Applicaneto the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty -two (22) inches wide and twenty -six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days ILprior to the public hearing and was continuously visible from the day of /- 200, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) merrrll.siule (hrnrr ,'ulrr�- P tine �'��i:,ed t,iima lil ioice. nl���.'C_ t �y.l if 9:ed, t0 ul fei;ted illl ilir 11 date itA' ll Crs bV' t -si Mill 1 W ill 1, nc date ticheduled fir the initial public hearing cn the application of deg clopment. I lie names and addresses of mineral estate Dinners shall be those on the current tax records of Pitkin Countv..At a minimum. Subdivisions that create more than one lot. Planned (Alit Developments, Specially Planner Areas. and COWAPs are subject to this notice requirement. 2erorzh:� or (e.>7 crme�:clntrn(. Whenever the official zoning district neap is in any \aay to be changed or amended incidental to or as part of a general revision of this Title. or whenever the text of this Title is to be amended. whcthcr such revision be made by repeal of this Title and enactment of a new land use egulation. or otherwise, the requirement of an accurate survey map or other sufficient legal description of. and the notice to and listing of navies and addresses of owners of real property in the area of the proposed change shall be vwaived. However. the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (I�) day s prior to the public hearing on such amendments. �� Signature The foregoing ••Affidavit of Notice' -- was ac iow,le�dq g ed be�f I�re Umthis ay of , h ,g1by..t+i — WITLESS MY HAND AND OFFICIAh SEAL �i � '� � My commission expires:_� �- ti ary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICA TION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OW "HERS A'OTICE AS REQUIRED BY C.R.S. §24 -65.5 -103.3 MEMORANDUM )(111 to TO: Mayor Ireland and City Council FROM: Chris Bendon, Community Development Director RE: Dark Horse Alley Vending Cart Temporary Use Permit — Public Hearing Resolution No.& , Series of 2009. DATE: October 13, 2009 SUMMARY: Wendy Smith has applied for a temporary use permit to operate a vending cart in the Ute City Bank Building this winter. This cart has operated on Cooper Avenue under the name Dark Horse Alley. Staff and the applicant are requesting a continuation of this hearing to obtain the necessary owner authorization and to complete the proper noticing for the hearing. RECOMMENDED MOTION: "I move to continue Resolution No/ , Series of 2009, to October 26, 2009." RECEIVESOF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE APPLICATION PACKET t f SEP ].5 2009 CITY Ur A61JEN COMMUNITYDEVROPMENT s THE CITY OF ASPEN Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements /Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements Affidavit of Notice All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the intemet at www.aspenpitkin.com , City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold a pre - application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. n ATTACHMENT t CITY OF ASPEN DEVELOPMENT APPLICATION FEE POLICY The City of Aspen, pursuant to Ordinance 52 (Series of 2007), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the next page. I RF�F/ SF yF CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENr� 0 "'15 boo Agreement for Payment of City of Aspen Development Application Fees ', /'rVSp�C`9 CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: NT has submitted to CITY an application for n5 1 \ / a \ ,Aa e-n�r'- a-n Inc— in A VLU- V�(r (hereinafter, THE PROJECT). 6 C -r Q \Pwk 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and /or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and /or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and /or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, ino&uding post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments s II be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shi a grounds for suspension of processing, and in no case will building permits be issued until all costs associated wi se processing have been paid. CITY OF ASPEN By: t Chris Bendon Community Development Director Date: —f!:Lk• 1'J , 2-0 Billing Address and Telephone Number: Q.a . V S4 ?� (1 cT v� )I L ( Z 0 203 . <6 I S. R33 •% ATTACHMENT 2 —LAND USE APPLICATION 'Ri�iJECT: Name: Location: Parcel ID # (REQUIRED) APPLICANT• Name: Address: REPRESENTATIVE: Name: Address: Phone #: (Indicate street address, lot & block number, leadl description wherd'appropridte) Ill I owl! i v • TYPE OF APPLICATION: (please check all that apply): • ,l Have you attached the following? FIl DUE: $ V ka-la MOCA ] Pre - Application Conference Summary a fm4le 5. ] Attachment #1, Signed Fee Agreement ] Response to Attachment #3, Dimensional Requirements Form ] Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ] 3 -D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text "Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3 -D model. ❑ GMQS Exemption ❑ Conceptual PUD Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment Other: ❑ Conditional Use • ,l Have you attached the following? FIl DUE: $ V ka-la MOCA ] Pre - Application Conference Summary a fm4le 5. ] Attachment #1, Signed Fee Agreement ] Response to Attachment #3, Dimensional Requirements Form ] Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ] 3 -D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text "Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3 -D model. Project: Applicant: Location: Zone District: Lot Size: Lot Area: ATTACHMENT DIMENSIONAL REQUIREMENTS FORM (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) i Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing. Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On -Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F /R: Existing: Required.• Proposed. Side Setback: Existing: Required: Proposed. Side Setback: Existing: Required: Proposed: Combined Sides: Existing. Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non - conformities or encroachments: Yre tnlAtLCz AA W S WOi I Se T ty� �^ (o a ct_A�c�r: U-e- TO (X fir' u�'1 ,- 4� `�.�. U) z w 2 w C'J w w z O Q U J IL a Q w U) D 0 z g LL O K Q F- z w U Q Q c� U _ E N w° E y a c a� 0 Q � y Y U o a y U o •= U -O � E E � J' y c v 'D y � H� n d E 7 v O � � y o E U U �y C C ' O v C � U C ro d O O w ea ti V V ` 73 a 'D m Q y 7 � 3 U s-, a v A L a s a a �°- T o a s a d L 3 3 d 3 d U w U oa U a U uF" C4 U Ua Ww UU°�0�% z�EN U A 0.nN �NNNN F O ��_ a .. N �Nz FUU O O p °'�km a3¢ v¢c a£ a a a a UU q Nl z F y F 'z FM z�QoZ NU zUNtQ a oOQ P a Z w z w zw U Ed �� 9 C � 9 G r 6 q 6 E dsY M d; '� M V) c •s M M N e C4 � p ti ti a a N N N a O Y M M Y N N M E M •y M "'� y N O� �; M OL E o 0 0 O O ti .r l� •,°; .-i .-� M N 00 ° ,,, M y •� •� „'� "'� M� .� 9 � 00 00 N N N� N 9 � N M a r n r r r r r r n R r r n t c M r n H H Q 'r ♦-I v-I H vV 'V rl e ti ti rl rl _-I r-1 rl H e ti rl rl o3 0ww `� F �., z O c3 a 7 w o W U a Ca O O L4 C4 X` z n F q > a w w w a 3 Q j ? .wa w v a z = �W� 0 a q9q w F x w n a a q d W W .a Y Z P .i vJ F •�, V h H Z w£ a W A A w> G WWW £ O d a0. z w Q�0Uv� U a T � � F p" U O V R C U a 0. d L R L N 8U a1= E E E N aS N VJ N N N N O 4UUU o> z U z Z W LV z z a u F a a F CU.i N z4t4 z UUZN dj wi� l o�jW UCUC� �Q Q d R4 . .] Q p z F S r p 0 a c0. Qz. O C CL C ¢� aw to gEqwzk ¢9a F W ccee,, i z r aU a�� A s � �a La w Q s H w N � a A 0 0 a` 0 0 a U U a G O U a Q ro 0 b T N d�9 0 L O L a b U 3 9 C O U N vi 'p C 7 O L � N L y G �a z � i U � G L � � U L C O YL '3 a � y U ¢ s K U iF 1F N F__.2 ATTACHMENT 4- CONT'D- SUBMITTAL KFY Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of ownership of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 5. A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 12. Accurate elevations (in relation to mean sea level) of the lowest Floor, including basement, of all new or substantially improved structures; a verification and recordation of the actual elevation in relation to mean sea level to which any structure is constructed; a demonstration that all new construction or substantial improvements will be anchored to prevent flotation, collapse or lateral movement of any structure to be constructed or improved; a demonstration that the structure will have the lowest Floor, including basement, elevated to at least two (2) feet above the base flood elevation, all as certified by a registered professional engineer or architect. 13. A landscape plan that includes native vegetative screening of no less than fifty (50) percent of the development as viewed from the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. 14. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. 15. Proposed elevations of the development, including any rooftop equipment and how it will be screened. 6. A site plan depicting the proposed 16. Proposed elevations of the layout and the project's physical development, including any rooftop relationship to the land and it's equipment and how it will be screened. surroundings. 7. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application, 8. Plan with Existing and proposed grades at two-foot contours, with five -foot intervals for grades over ten (10) percent. 9. Proposed elevations of the development 10. A description of proposed construction techniques to be used. 11. A Plan with the 100 -year floodplain line and the high water line. 17. A sketch plan of the site showing existing and proposed features which are relevant to the review. 18. One (1) inch equals four hundred (400) feet scale city map showing the location of the proposed subdivision, all adjacent lands owned by or under option to the applicant, commonly known landmarks, and the zone district in which the proposed subdivision and adjacent properties are located. 19. A plat which reflects the layout of the lots, blocks and structures in the proposed subdivision. The plat shall be drawn at a scale of one (1) equals one hundred (100) feet or larger. Architectural scales are not acceptable. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches. If it is necessary to place the plat on more than a one (1) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showing the subdivision as it relates to the rest of the city and the street system in the area of the proposed subdivision. The contents of the plat shall be of sufficient detail to determine whether the proposed subdivision will meet the design standards pursuant to Land Use Code Section 26.480.060(3).20. Subdivision GIS Data. 21. A landscape plan showing location, size, and type of proposed landscape features. 22. A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.470. 23. The precise wording of any proposed amendment. 24. Site Plan or plans drawn to a scale of one (I") inch equals ten (10') feet or one (1 ") inch equals twenty (20') feet, including before and "after" photographs (simulations) specifying the location of antennas, support structures, transmission buildings and/or other accessory uses, access, parking, fences, signs, lighting, landscaped areas and all adjacent land uses within one - hundred fifty (150') feel. Such plans and drawings should demonstrate compliance with the Review Standards of this Section. 25. FAA and FCC Coordination. Statements regarding the regulations of the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC). 26. Structural Integrity Report from a professional engineer licensed in the State of Colorado. 27. Evidence that an effort was made to locate on an existing wireless telecommunication services facility site including coverage/ interference analysis and capacity analysis and a brief statement as to other reasons for success or no success. 28. Neighborhood block plan at 1 " =50' (available from City Engineering Department) Graphically show the front portions of all existing buildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. (Continued on next page.) Indicate whether any portions of the 35. Exterior Lighting Plan. Show the houses immediately adjacent to the location, height, type and luminous subject parcel are one story (only one intensity of each above grade fixture. living level). Estimate the site illumination as measured in foot candles and include minimum, 29. Roof Plan. maximum, and average illumination. Additionally, provide comparable 30. Photographic panorama. Show examples already in the community that elevations of all buildings on both sides of demonstrate technique, specification, and/ the block, including present condition of or light level if they exist. the subject property. Label photos and mount on a presentation board 31. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty -four (24) inches by thirty -six (36) inches with an unencumbered margin of one and one -half (1 12) inches on the lets hand side of the sheet and a one -half (1/2) inch margin around the other three (3) sides of the sheet pursuant to Land Use Code Section 26.480.090. 32. A description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off- street parking, open space areas, infrastructure improvements, and site drainage. 33. An architectural character plan generally indicating the use, massing, scale, and orientation of the proposed buildings. 34. A written description of the variance being requested. .h, ATTACHMENT DEVELOPMENT REVIEW PROCEDURE 1. Attend pre - application conference. During this one -on -one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre - application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The Applicant will be required to mail notice (one copy provided by the Community Development Department) to property owners within 300 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff's memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. ATTACHMENT PUBLIC HEARING NOTICING REQUIREMENTS Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of the property, and mailing to surrounding landowners. Following is a summary of the notice requirements, including identification of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Notice to mineral Estate Owner. An Applicant for surface Development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that the notice has been provided to the mineral estate owners. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of public hearing. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: �.A J=!t, 6o.r,Jk _�_, Aspen, CO SCHEDULED PUBLIC HEARING DATE: (D& 13N612 5'.0pFr- 200q STATE OF COLORADO ) ) ss. County of Pitkin ) I, sc_C'4 ') (name, please print) being or representinA an Applicant to the City cf Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: C/ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty -two (22) inches wide and twenty -six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. c:'e�► s 'SignatuA The foregoing "Affidavit of Notice" was acknowledged before me this 29 day of *!�VVea, l(o 2000, by tiar�lP��n Z>c- f sm -be is ini aM Asps Cary Council sw.,,h 1 in the As Times Weekly on September D, 2009. [A059591] WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS AS APPLICABLE: FIE PUBLICATION 4PH OF THE POSTED NOTICE (SIGN) IE OWNERS AND GOVERNMENTAL AGENCIES NOTICED "T CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24- 65.5 -103.3