HomeMy WebLinkAboutcoa.lu.tu.501 E Hyman Ave.0033.2012 OF40 I
THE CITY 4F ASPEN
City of Aspen Community Development Department
CASE NUMBER 0033.2012.ASLU
PARCEL ID NUMBERS TEMP FOOD VENDING
PROJECTS ADDRESS 501 E. HYMAN AVE
PLANNER JEN PHELAN
CASE DESCRIPTION TEMP FOOD VENDING
REPRESENTATIVE KATE UNMAN
DATE OF FINAL ACTION 5.23.12
CLOSED BY ANGELA SCOREY ON: 8.29.12
h�
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 50� �y�'�'�.✓�
Aspen, CO
STATE OF COLORADO )
) ss.
County of Pitkin )
1, _e� �G 7 (name, please print)
being or represe ing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fourteen(14)
days after final approval of a site specific development plan. A copy of the
publication is attached hereto.
Publication of notice: By the publication in the legal notice section of an official
Paper or a paper of general circulation in the City of Aspen no later than fifteen
(15) days after an Interpretation has been rendered. A copy of the publication is
attached hereto.
Signat e
The foregoing "Affidavit of Notice" was acknowled ed before me this31" day
of�(�,..� , 20lZ,by
WITNESS MY HAND AND OFFICIAL SEAL
fi BLIC N TICE
OF DEVEiLOPMENT APPROVAL t
Notice is hereby liven to the general public of the My commission expires: 1
the creation of-lyest dfproperty right pursuant to
the Land Use Code of the City of Aspen and Title
24,Article 68,Colorado Revised Statutes,pertain-
ing to the foNowing described property:Ute City ew
Bank Building,commonly known as 501 E.Hyman o
Ave.,Aspen,Colorado,81611,by order of the Notary Public
Community Development Director on June 1st,
2012. The Applicant,Kate Linehan,received ap-
proval of a Temporary Food Vending..cart within the
arcade.For further information contact Jim
Pomery,at the City of Aspen Community Devel-
opment Dept.130 y.Galena St,Aspen,Colorado
(97o)920-5090. ATTACHMENTS:
S/City of Aspen
Publish in The Aspen Times Weekly on May 31, COPY OF THE PUBLICATION
2012.[794362]
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 described property: Ute City Bank Building, commonly known as 501 E.
Hyman Ave., Aspen, Colorado, 81611, by order of the Community Development
Director on June 1 st, 2012. The Applicant, Kate Linehan, received approval of a
Temporary Food Vending cart within the arcade. For further information contact Jennifer
Phelan, 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 May 31 st, 2011
NOTICE OF APPROVAL
TEMPORARY USE PERMIT TO ALLOW A FOOD VENDING CART TO
OPERATE WITHIN THE UTE CITY BANK BUILDING'S INTERIOR ARCADE,
LOCATED AT 501 E. HYMAN AVE.
Parcel ID No. 2737-182-45-002
APPLICANT: Kate Linehan
SUBJECT & SITE OF APPROVAL: Ute City Bank Building, at 501 E. Hyman Ave,
involving the approval of Temporary Food Vending for the continued operation of The
Honeybee, a juice bar cart.
SUMMARY:
The Applicant has requested Temporary Food Vending approval for the purpose of
continuing operation of her juice bar cart in the interior arcade space at the Ute City Bank
Building. The Applicant has proposed a continuation date of June 3rd at the location to
dovetail with her last 6 month approval.
STAFF EVALUATION:
Pursuant to section 26.470.060 (7), Temporary Food Vending, of the City of Aspen Land
Use Code (hereinafter Code), Temporary Food Vending is permitted in the Commercial
Core (CC) and Commercial Lodge (CL) zone districts when specific review criteria are
met. Per the review criteria/operational requirements, the applicant is proposing the
following:
Requirement Proposal
Location CC or CL zone CC
Months of operation 6 months 6 months
Hours of operation Sam to 5 pm
Mon-Sat
List of products fresh juices and food
products
Area of vending site < 50 sq. ft. +/- 49 s . ft.
The applicant has provided verification from the building owner representative and
tenants within the building granting permission to operate. Also, the city's Environmental
Health department has approved the proposed operation. The operation may continue on
the date of this decision.
Page 1 of 2
AO!
DECISION:
Staff finds that the Temporary Food Vending application provided by the Applicant
should be granted for a six month term beginning on June 3, 2012. The location, at
the Ute City Bank Building, is appropriate for the food vending cart and the
proposal meets the design, location, and operation requirements of section
26.470.060 (7) of the land use code.
APPR VED BY:
ha; A 2 D iAz"
is Bendon Date
Community Development Director
Attachments:
Exhibit A— Temporary Food Vending Standards
Exhibit B— Application
Page 2of 2
Exhibit A: Review Criteria
26.470.060(7) GMQS,Temporary Outdoor Food Vending
Temporary Food Vending on private property or public property that is subject to a mall lease for
food vending or outdoor restaurant seating in the Commercial Core (CC) or Commercial Lodge
(CL) Zone Districts shall be approved, approved with conditions or denied by the Community
Development Director based on the following criteria:
a. Location. All outdoor food vending shall be located in the Commercial Core (CC) zone
district. Temporary food vending may operate in interior arcades of buildings within the
Commercial Core and Commercial Lodge zone districts only if the approval of the
property owner and of all businesses that have access in the arcade has been granted. The
temporary operation shall under no circumstance be located in the public right-of-way.
The normal operation of the food cart, including line queues, shall not inhibit the
movement of pedestrian or vehicular traffic along the public right-of-way. Other criteria
that all applications must be in compliance with:
1) Multiple vending sites shall not be allowed for any single owner or entity.
2) The food cart shall be in a consistent location as is practically reasonable and not
intended to move on a daily basis throughout the duration of the permit.
3) The food vending cart shall be placed in a location that does not interfere with
required emergency egress or pose a threat to public health, safety and welfare. A
minimum of six (6) foot ingress/egress shall be maintained for building entrances and
exits.
4) Before a food vending cart can begin operating, it must receive approval from the
property owner and all adjacent businesses.
Staff response: The cart is located within the CC zone district within an interior
arcade. The owner only operates out of this one location, is located within a set area
of the arcade, does not interfere with ingress or egress, and has received approval to
operate from adjacent businesses within the Ute City building.
b. Operation Plan. The Applicant shall create an operation plan to include in all letters that
seek approval from the property owner or adjacent businesses. The operation plan shall
contain the following information, at a minimum:
1) Months of intended operation
2) Hours of operation
3) Location
4) Comprehensive list of all food and beverage being served.
If any element of the operation plan is altered after a Temporary Outdoor Food Vending
permit has been issued, the Community Development Director has the ability to revoke
the issued permit.
Staff response: The Applicant notes that the business will be operated for 6 months
starting on June 3rd 2012, Mondays through Saturdays,from 8am to Spm. Fresh juices
as well as snacks will be served.
c. Duration. The temporary food vending operation shall be permitted to operate for a
period of six (6) months. The six (6) month period shall begin on the same the date that
the Notice of Approval is signed by the Community Development Director. This six (6)
month period may not be separated into non-consecutive periods. Once the six (6) month
timeframe has expired, the operation shall be subject to an additional review and permit
process. The Community Development Director shall consider a returning vendor's past
performance in considering a permit renewal. This shall include, but shall not be limited
to, input from the Environmental Health Department, Chief of Police, special event staff,
and feedback from adjacent businesses.
The Community Development Director may require a temporary cancelation of
operations to accommodate special events, holidays, or similar large public gatherings.
Such action will be taken if it is determined that the food cart will create a public safety
issue or create an excessive burden on the event activities. The Community Development
Director may revoke the permit and cause removal of the vending operation if the vendor
fails to accommodate such a request.
Staff response: The Applicant notes that the business will be operated for 6 months
starting on June 3rd 2012.
d. Fee. The permit fee for a food vending cart shall be the current fee listed in Land Use
Code Section 26.104.070, Land use application fees.
e. Size. The area of outdoor food vending activities does not exceed fifty (50) square feet.
The area of outdoor food vending activities shall be defined as a counter area, equipment
needed for the food vending activities (e.g. cooler with drinks, snow cone machine,
popcorn machine, etc.), and the space needed by employees to work the food vending
activity.
Staff response: The Applicant notes that the business will be approximately 49 sq. ft. in
size.
f. Number. The number of Temporary Outdoor Food Vending carts allowed within the
City of Aspen at any given time shall be limited to four (4). This number shall be based
upon valid Land Use Applications approved by the Community Development Director.
Food vending locations within interior arcades are exempt from this limitation.
Staff response: The Applicant's business is located within an interior arcade.
g. Signage. Signage for temporary food vending carts shall be exempt from those
requirements found within Land Use Code Section 26.510, Signs, but not excluding
Prohibited Signs. The total amount of signage shall be the lesser of fifty percent (50%)
of the surface area of the front of the cart, or six (6) square feet. Sign(s) shall be painted
on or affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts
towards this calculation. Food carts may have a sandwich board sign in accordance with
the regulations found within Chapter 26.510.
Staff response: The Applicant has agreed to meet the signage requirements.
h. Abandonment. The City of Aspen may remove an abandoned food vending operation, or
components thereof, in order protect public health, safety, and welfare. Costs of such
remediation shall be the sole burden of the property owner.
Staff response: The review criterion is not applicable.
i. Environmental Health. An application to the Community Development Director for
temporary outdoor food vending shall only be submitted and approved subsequent to
submitting and obtaining approval of a food service plan from the Environmental Health
Department. The area of outdoor food vending activities shall include recycling bins and
a waste disposal container that shall be emptied daily and stored inside at night and when
the outdoor food vending activities are not in operation. Additionally, no outdoor, open-
flame char-broiling shall be permitted pursuant to Municipal Code Section 13.08.100,
Restaurant Grills.
Staff response: The Applicant has received approval from the Environmental Health
Department.
j. Affordable Housing Waiver. The Community Development Director shall waive
affordable housing mitigation fees associated with the temporary new net leasable square
footage being created by outdoor food vending activities.
k. Year-round Operation. The outdoor food vending activities may occur year-round. An
application for an approval of temporary outdoor vending activities shall not constitute
nor be interpreted by any property owner, developer, vendor, or court as a site specific
development plan entitled to vesting under Article 68 of Title 24 of the Colorado Revised
Statutes or Chapter 26.308 of this Title. Approvals granted in this subsection are subject
to revocation by the City Manager or Community Development Director without
requiring prior notice.
1. Maintenance and public safety. An application for temporary outdoor food vending
activities shall not diminish the general public health, safety or welfare and shall abide by
applicable City regulations, including but not limited to building codes, health safety
codes, fire codes, liquor laws, sign and lighting codes, and sales tax license regulations.
Staff response: The Applicant has agreed to meet applicable city regulations.
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070,
"Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen
Municipal Code. This Order allows development of a site specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three-year vested property right. The vested property right shall
expire on the day after the third anniversary of the effective date of this Order, unless a building
permit is approved pursuant to Section 26.304.075, or unless an exemption, extension,
reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After
Expiration of vested property rights, this Order shall remain in full force and effect, excluding
any growth management allotments granted pursuant to Section 26.470, but shall be subject to
any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Arcades Associates Ltd LLC C/O Kruger and Co. 400 E. Hyman Ave. Aspen, CO
81611.
Property Owner's Name, Mailing Address and telephone number
Lots A B C and D Block 95 of the Eames City and Townsite of Aspen and commonly known as
501 E. Hyman Ave. Aspen CO 81611
Legal Description and Street Address of Subject Property
Temporary Outdoor Food Vending within arcade
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Administrative approval 5/22/12
Land Use Approval(s)Received and Dates(Attach Final Ordinances or Resolutions)
June 3 2012
Effective Date of Development Order(Same as date of publication of notice of approval.)
December 3rd 2012
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 1 st day of J ne, 2012, by the City of Aspen Community Development
Director.
Chris Bendon, Community Development Director
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Perrdt type aslu Aspen Land Use Perot# 0033.2012.ASLU
1501 E HYMAN AVE
y ASPEN CO zip 81611 ,
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f er permit .� Rm tag w aslu07 Applied 5M 5f2012
Pro Status Fending Approved
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Description APPLICATION FOR TEMP FOOD VENDING AT THE UTE CITY BANK BUIDLING issue
HONEYBEE ORGANIC JUNICE BAR i
CloseclMnal
j Submitted KATE 970 765 6889 Clock Running pays Expires 5!I Or1013
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Last name ARCADES ASSOCIATES LT First name 304 S GALENA ST
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Phone ( ) Address ASPEN CO 81611 i
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Applicant
Owner is applicant? []Contractor is applicant?
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Last name KATE First name LINEHAN 302 S GALENA
ASPEN CO 81611 1
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Phone ( ) Cust# 29283 Address
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Lender j
Last name I First name
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ATTACHMENT 2—LAND USE APPLICATION 4
PROJECT:
Name: ^ l
Location: �D v� — U� �- /�.J/? U/LQ/
Indicate street address, lot&block number,legal description where appropriate)
Parcel ID#(REQUIRED) '7- 18a
APPLICANT:
Name: .✓oc (�� U�/�i�J Jl — .✓� ..)
Address: S_� e YM /1^/ /g ��
Phone#: 770' -7 �j- (Y PSI
REPRESENTATIVE:
Name:
Address:
Phone#:
TYPE OF APPLICATION: (please check all that apply):
❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use
❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment
❑ Special Review ❑ Subdivision ❑ Conceptual SPA
❑ ESA-8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA
Margin,Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/
Expansion
❑ Residential Design Variance ❑ Lot Line Adjustment Other:
❑ Conditional Use %fZ A P veg' O*IG
EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.
3
?961100,C —Arh P I/4FA;a�,14 CAKgM 17-,f ZXfC-'<,o
PROPOSAL: (description of proposed buildings,uses,modifications,etc.
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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.
COMMUNITY O •
Agreement to Pay Application Fees
Anagreement between the City of Aspen ("City") and
Property 142 ,(_ ��t�. L7-,6 Phone No.:
Owner("I"): Email:
Address of Billing
Property: Address:
(subject of (send bills here)
application)
understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand
that as the property owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these
flat fees are non-refundable.
$ flat fee for $ flat fee for
$ flat fee for $ flat fee for
For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed
project, it is not possible at this time to know the full extent or total costs involved in processing the application. I
understand that additional costs over and above the deposit may accrue. I understand and agree that it is
impracticable for City staff to complete processing, review, and presentation of sufficient information to enable
legally required findings to be made for project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30
days of presentation of an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment.
I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment
of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs
exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the
processing of my application at the hourly rates hereinafter stated.
$ deposit for hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at$315 per hour.
$ deposit for hours of Engineering Department staff time.Additional time above the deposit
amount will be billed at$265 per hour.
City of Aspen: Property Owner:
Chris Bendon
Community Development Director Name:
City Use: Title:
Fees Due:$ Received:$
November, 2011 of • 1130 • 1 920-5090
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Drew Alexander, 970-429-2739 DATE: 09/16/10
PROJECT: 501 E Hyman Ave, Food Vending
APPLICANT: Kate Linehan; kdlinehan @gmaii.com
TYPE OF APPLICATION: Temporary Food Vending
DESCRIPTION:
The Applicant is requesting approval for a Temporary Food Vending permit in order to operate a stand in
the Ute City Bank building located at 501 E. Hyman Ave. The Applicant has not specified the periods of
time when the food stand is intended to operate, but this information will need to be included with the
Land Use Application, in addition to:
• Desired months of operation
• Full list of food being offered
• Location
All of this information should be included in the Applicant's Operation Plan. The operation plan shall be
included in the letters of approval that must be signed by the property owner(s) or owner's
association(s). This location is in an interior arcade, so the Applicant must obtain approval from all
businesses that share access along the arcade space.
The Applicant will need to comply with the criteria established in Section 26.470.060(7), Temporary
Outdoor Food Vending. Below is a link to the Land Use application Form for your convenience.
http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/landuseappform.pdf
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.470.060(7) Temporary Outdoor Food Vending
Follow link below to view the City of Aspen Land Use Code
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-ZoningfTitle-26-
Land-Use-Code/
Review by: Community Development Staff for complete application
Public Hearing: Not required for this review.
Planning Fees: $50 for Administrative Community Development Staff Review
Total Deposit: -$&a— 7"t • cr�
Total Number of Application Copies: 2 Copies, including appropriate drawing for board review
(HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff= 2)
To apply, submit the following information:
0 Total Deposit for review of application.
0 Pre-application Conference Summary.
0 Applicant's name, address and telephone number, contained within a letter signed by the
applicant stating the name, address, and telephone number of the representative authorized to
act on behalf of the applicant.
D Street address and legal description of the parcel on which development is proposed to occur,
D Completed Land Use application and signed fee agreement.
0 2 copies of the complete application packet and maps.
0 A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application § 26.470.060(7)
Temporary Outdoor Food Vending.
0 A drawing depicting the size of the temporary use (not to exceed fifty (50) square feet).
D A site plan depicting the location of the temporary use.
D If applicable, a signed letter from the owner of the business that the temporary use will be
operating by or in association with.
D Signed letters from those restaurant or retail businesses that the temporary use will be
operating adjacent to.
= A signed letter from the property owner.
0 Proof of approval from the Environmental Health Department for a food service plan.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is
based on current zoning, which is subject to change in the future, and upon factual representations
that may or may not be accurate. The summary does not create a legal or vested right.
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Ute City Building
501 East Hyman AVE
PID #: 27371 8224001
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from giselle/ vonFreytag Vintage/ Honeybee Juice Bar tenant approval
Giselle Leal <vonfreytag @yahoo.com> Fri, May 11, 2012 at 10:42 AM
To: kate linehan <honeybeejuicebar @gmail.com>
To Whom It May Concern:
Please accept this email as my tenant approval for Kate Linehan/Honeybee Juice Bar for occupation and operation
in the Ute City Building. I am the owner of vonFreytag LLC at 302 South Galena in the Ute City Building.
As was the case last time, I am traveling overseas until mid-June and do not have access to fax. Please email me at
this address should you have any further questions.
Sincerely,
Giselle Leal
vonFreytag LLC
email: ,
The Honeybee-Organic Juice Bar Operating Plan:
The intention of The Honeybee is to serve fresh organic cold-pressed juices and smoothies, cold-brew
coffee as well as a variety of snack items.
The Following are examples of menu options at The Honeybee: Green Smoothie...kale, spinach,frozen
banana, & pressed apple juice. "The Local"...carrot, apple, lemon, &ginger. "Immune Juice"...apple,
orange, lemon,ginger&tincture. A variety of pressed vegetable juices as well as simple salads to-go.
All items will be stored, prepared and sold in accordance with Environmental Health rules and
regulations for both the proposed vendor site as well the use of an approved commissary.
1. It is the vendor's intention to operate for the allowable 6 month permitting duration beginning
immediately following application approval.
2. The intended hours of operation would be from Sam to 5pm, open Monday thru Saturday.
3. The proposed site for the vendor operation is located within the Ute City Bank Building
(intersection of Hyman and Galena) in the atrium of the building adjacent to the interior
staircase.
The following list includes all tenants currently operating in the Ute City Building. By signing below,the
tenants have stated their approval for The Honeybee to operate in the atrium of the Ute City Building as
described above.
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Patty Patterson, Owner ice Schmid, General Manager
Wind River Gallery Aspen Denim Exchange
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Brian E. Leach, Owner Alyssa Lipsky, Owner
Von Freytag Faboo
Giselle Leal,Owner Owner
April 30,2012
26.470.060.7-Temporary food vending.Temporary Food Vending on private property or public
property that is subject to a mall lease for food vending or outdoor restaurant seating in the Commercial
Core(CC)City of Aspen Land Use Code or Commercial Lodge(CL)Zone Districts shall be approved,
approved with conditions or denied by the Community Development Director based on the following
criteria:
a) Location.All outdoor food vending shall be located in the Commercial Core(CC)zone district.
Temporary food vending may operate in interior arcades of buildings within the Commercial Core
and Commercial Lodge zone districts only if the approval of the property owner and of all businesses
that have access in the arcade has been granted. The temporary operation shall under no circumstance
be located in the public right-of-way. The normal operation of the food cart, including line queues,
shall not inhibit the movement of pedestrian or vehicular traffic along the public right-of-way. Other
criteria that all applications must be in compliance with:
Applicant Response: The proposed location for the temporary food vending operation is in the
interior arcade space in the Ute City Bank building which is in the CC zone district. The Applicant
has gained the proper owner consent to process the land use application and all adjacent businesses
that have access to the arcade.
The temporary food vending operation will not be located within a public right of way,nor will it
inhibit the movement of pedestrians or vehicular traffic. The site of the operation is off to the side of
the walkway within the Ute City Bank building and will not create pedestrian congestion. (See plan
view of space in submittal packet)
1. Multiple vending sites shall not be allowed for any single owner or entity.
Applicant Response: The Applicant acknowledges that this will be the only food vending operation
on or within the subject property. The Applicant acknowledges that only one approval can be granted
per request.
2. The food cart shall be in a consistent location as is practically reasonable and not intended to
move on a daily basis throughout the duration of the permit.
Applicant Response: The Applicant's operation will be stationary within the interior of the Ute City
Bank building and will not be moving throughout the duration of the permit.
3. The food vending cart shall be placed in a location that does not interfere with required
emergency egress or pose a threat to public health, safety and welfare.A minimum of six(6)foot
ingress/egress shall be maintained for building entrances and exits.
Applicant Response: The Applicant commits to not interfering with emergency ingress/egress. The
operation will not pose a threat to public health, safety, or welfare. As stated above,the operation
will be secluded to a side of arcade space and so that emergency access will always be maintained.
4. Before a food vending cart can begin operating, it must receive approval from the property owner
and all adjacent businesses.
Page I of 4 PID#:273718224001
Applicant Response: Included in this submittal packet are letters from the property owner and all
adjacent businesses within the Ute City Bank Building.
b) Operation Plan. The Applicant shall create an operation plan to include in all letters that seek
approval from the property owner or adjacent businesses. The operation plan shall contain the
following information, at a minimum:
1. Months of intended operation
2. Hours of operation
3. Location
4. Comprehensive list of all food and beverage being served.
If any element of the operation plan is altered after a Temporary Outdoor Food Vending permit has
been issued,the Community Development Director has the ability to revoke the issued permit.
Applicant Response: Included in the submittal packet is the operation plan. This plan was furnished
to the property owner's representative and all adjacent businesses when consent approval was sought.
The owner of the Ute City Bank building and the adjacent businesses are aware of the operating plan
and have provided consent verified with their signatures.
The Applicant acknowledges that if the operating plan is altered after the vending permit has been
issued,the Community Development Director may revoke the permit.
c) Duration. The temporary food vending operation shall be permitted to operate for a period of six(6)
months. The six(6)month period shall begin on the same the date that the Notice of Approval is
signed by the Community Development Director. This six(6)month period may not be separated into
non-consecutive periods. Once the six(6)month timeframe has expired,the operation shall be subject
to an additional review and permit process. The Community Development Director shall consider a
returning vendor's past performance in considering a permit renewal. This shall include, but shall not
be limited to, input from the Environmental Health Department, Chief of Police, special event staff,
and feedback from adjacent businesses.
Applicant Response: The Applicant acknowledges all of the above.
The Community Development Director may require a temporary cancelation of operations to
accommodate special events, holidays, or similar large public gatherings. Such action will be taken if
it is determined that the food cart will create a public safety issue or create an excessive burden on the
event activities. The Community Development Director may revoke the permit and cause removal of
the vending operation if the vendor fails to accommodate such a request.
Applicant Response: The Applicant acknowledges that this may occur.
d) Fee. The permit fee for a food vending cart shall be the current fee listed in Land Use Code Section
26.104.070, Land use application fees.
Applicant Response: The Applicant commits to paying the $79 fee for review of this application.
Page 2 of 4 PID#:273718224001
e) Size. The area of outdoor food vending activities does not exceed fifty(50)square feet. The area of
outdoor food vending activities shall be defined as a counter area,equipment needed for the food
vending activities(e.g. cooler with drinks, snow cone machine,popcorn machine,etc.), and the space
needed by employees to work the food vending activity.
Applicant Response: The Applicant commits to the 50 square foot limitation.
f) Number. The number of Temporary Outdoor Food Vending carts allowed within the City of Aspen at
any given time shall be limited to four(4). This number shall be based upon valid Land Use
Applications approved by the Community Development Director. Food vending locations within
interior arcades are exempt from this limitation.
Applicant Response: Because the Applicant has proposed a temporary food vending operation
within an interior arcade space,the Applicant is exempt from this limitation.
g) Signage. Signage for temporary food vending carts shall be exempt from those requirements found
within Land Use Code Section 26.510, Signs,but not excluding Prohibited Signs. The total amount of
signage shall be the lesser of fifty percent(50%)of the surface area of the front of the cart,or six(6)
square feet. Sign(s) shall be painted on or affixed to the cart. Any logos, lettering, or signage on
umbrellas or canopies counts tow_ ards this calculation. Food carts may have a sandwich board sign in
accordance with the regulations found within Chapter 26.510.
Applicant Response: The commits to following the signage standards mentioned above.
h) Abandonment. The City of Aspen may remove an abandoned food vending operation,or components
thereof, in order protect public health, safety, and welfare. Costs of such remediation shall be the sole
burden of the property owner.
Applicant Response: The Applicant acknowledges that the City of Aspen may remove the vending
operation if abandoned. It is not the Applicant's intention to abandon the cart but to remove at the
end of the life of the permit or reapply for another permit.
i) Environmental Health. An application to the Community Development Director for temporary
outdoor food vending shall only be submitted and approved subsequent to submitting and obtaining
approval of a food service plan from the Environmental Health Department. The area of outdoor food
vending activities shall include recycling bins and a waste disposal container that shall be emptied
daily and stored inside at night and when the outdoor food vending activities are not in operation.
Additionally,no outdoor, open-flame char-broiling shall be permitted pursuant to Municipal Code
Section 13.08.100, Restaurant Grills.
Applicant Response: The Applicant has recently received Environmental Health Department
approval of a commercial kitchen space built out on the 2nd floor of the Ute City Building. The space
was legally built and received permits from the City Building Department. Appropriate
water/sanitation tap fees were paid at the time of permit issuance.
j) Affordable Housing Waiver. The Community Development Director shall waive affordable housing
mitigation fees associated with the temporary new net leasable square footage being created by
outdoor food vending activities.
Applicant Response: The Applicant acknowledges that the Director will waive the affordable
housing mitigation fee for this permit.
Page 3 of 4 PID#:273718224001
k) Year-round Operation. The outdoor food vending activities may occur year-round.An application for
an approval of temporary outdoor vending activities shall not constitute nor be interpreted by any
property owner, developer,vendor, or court as a site specific development plan entitled to vesting
under Article 68 of Title 24 of the Colorado Revised Statutes or Chapter 26.308 of this Title.
Approvals granted in this subsection are subject to revocation by the City Manager or Community
Development Director without requiring prior notice.
Applicant Response: The Applicant is aware that approval of this application does not constitute a
site specific development plan and therefore is not vested.
1) Maintenance and public safety.An application for temporary outdoor food vending activities shall
not diminish the general public health, safety or welfare and shall abide by applicable City
regulations, including but not limited to building codes,health safety codes, fire codes, liquor laws,
sign and lighting codes, and sales tax license regulations.
Applicant Response: The Applicant will not diminish the general public health, safety,or welfare
and will abide by all applicable city regulations mentioned above.
Kate Linehan
Owner: The Honeybee Organic Juice Bar
Page 4 of 4 PID#:273718224001
May 1 ,2012
I Ruth Krueger am the current manager of the Ute City Bank Building at 501 East Hyman Ave and am
authorizing Kate Linehan to submit a Temporary Food Vending Application to the City of Aspen
Community Development Department for this property. I understand that an operating plan is being
circulated to the tenants of the Ute City Building outlining the operation for the food vending permit.
Thank you,
Ruth Krueger
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement to Pay Application Fees
Anagreement between the City of Aspen ("City")and
Property 49e,1 Iq SSon s Grp Phone No.:
Owner("I"):
7/ZVrA Email:
Address of /�0 c �m�� Billing
Property: f �i Address:
(subject of (send bills here)
application)
understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand
that as the property owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated: I understand that these
flat fees are non-refundable.
$ flat fee for $ flat fee for
$ flat fee for $ flat fee for
For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed
project, it is not possible at this time to know the full extent or total costs involved in processing the application. I
understand that additional costs over and above the deposit may accrue. I understand and agree that it is
impracticable for City staff to complete processing, review, and presentation of sufficient information to enable
legally required findings to be made for project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30
days of presentation of an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment.
I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment
of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs
exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the
processing of my application at the hourly rates hereinafter stated.
$ deposit for hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at$315 per hour.
$ deposit for hours of Engineering Department staff time.Additional time above the deposit
amount will be billed at$265 per hour.
City of Aspen: Property Owner:
Chris Bendon
Community Development Director Name:
City Use: Title:
Fees Due:$ Received:$
November, 2011 of • 1130 • 1 920-5090
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Drew Alexander, 970-429-2739 DATE: 09/16/10
PROJECT: 501 E Hyman Ave, Food Vending
APPLICANT: Kate Linehan, kdlinehan @gmail.com
TYPE OF APPLICATION: Temporary Food Vending
DESCRIPTION:
The Applicant is requesting approval for a Temporary Food Vending permit in order to operate a stand in
the Ute City Bank building located at 501 E. Hyman Ave. The Applicant has not specified the periods of
time when the food stand is intended to operate, but this information will need to be included with the
Land Use Application, in addition to:
• Desired months of operation
• Full list of food being offered
• Location
All of this information should be included in the Applicant's Operation Plan. The operation plan shall be
included in the letters of approval that must be signed by the property owner(s) or owner's
association(s). This location is in an interior arcade, so the Applicant must obtain approval from all
businesses that share access along the arcade space.
The Applicant will need to comply with the criteria established in Section 26.470.060(7), Temporary
Outdoor Food Vending. Below is a link to the Land Use application Form for your convenience.
http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/landuseappform.pdf
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.470.060(7) Temporary Outdoor Food Vending
Follow link below to view the City of Aspen Land Use Code
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: $50 for Administrative Community Development Staff Review
Total Deposit: $50
Total Number of Application Copies: 2 Copies, including appropriate drawing for board review
(HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff= 2)
To apply, submit the following information:
0 Total Deposit for review of application.
0 Pre-application Conference Summary.
F--J 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.
0 Street address and legal description of the parcel on which development is proposed to occur,
O Completed Land Use application and signed fee agreement.
0 2 copies of the complete application packet and maps.
0 A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application § 26.470.060(7)
Temporary Outdoor Food Vending.
D A drawing depicting the size of the temporary use (not to exceed fifty (50) square feet).
A site plan depicting the location of the temporary use.
O If applicable, a signed letter from the owner of the business that the temporary use will be
operating by or in association with.
D Signed letters from those restaurant or retail businesses that the temporary use will be
operating adjacent to.
0 A signed letter from the property owner.
0 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.
The Honeybee-Organic Juice Bar Operating Plan:
The intention of The Honeybee is to serve fresh organic cold-pressed juices and smoothies, cold-brew
coffee as well as a variety of snack items.
The Following are examples of menu options at The Honeybee: Green Smoothie...kale, spinach,frozen
banana, & pressed apple juice. "The Local"...carrot, apple, lemon, &ginger. "Immune Juice"...apple,
orange, lemon,ginger&tincture. A variety of pressed vegetable juices as well as simple salads to-go.
All items will be stored, prepared and sold in accordance with Environmental Health rules and
regulations for both the proposed vendor site as well the use of an approved commissary.
1. It is the vendor's intention to operate for the allowable 6 month permitting duration beginning
immediately following application approval.
2. The intended hours of operation would be from Sam to 5pm, open Monday thru Saturday.
3. The proposed site for the vendor operation is located within the Ute City Bank Building
(intersection of Hyman and Galena) in the atrium of the building adjacent to the interior
staircase.
The following list includes all tenants currently operating in the Ute City Building. By signing below,the
tenants have stated their approval for The Honeybee to operate in the atrium of the Ute City Building as
described above.
loomin it Burberry
Patty Patterson, Owner ice Schmid, General Manager
Wind River Gallery Aspen Denim Exchange
r
Brian E. Leach, Owner Alyssa Lipsky, Owner
Von Freytag Faboo
Giselle Leal, Owner ,J Owner
April 30, 2012