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HomeMy WebLinkAboutcoa.lu.tu.401 E Hyman Ave.0039.2013 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0039.2013.ASLU PARCEL ID NUMBERS 2737 182 16 #001 PROJECTS ADDRESS 401 E HYMAN AVE PLANNER SARA NADOLNY CASE DESCRIPTION TEMP USE REPRESENTATIVE ROM HIRSS DATE OF FINAL ACTION 6.17.13 CLOSED BY ANGELA SCOREY ON: 6.4.14 Perm its -i fi / f si �z y. File Edit Record Navigate form Reports Format Tab Help i g :1 - 1 , 4-Jump _ J J ' ' Routing Statua Fels Fee Summary h9ain Actions Attachments Routing History Valuation Ar Eng Custom Fields Sub Permits Parcels Gi E a Permit pie ?aslu = Aspen Land Use Permit=X039.2013 ASLU Address 401 E HMVIANAVE � Apt,'Suite C4 ASPEN State'00 Zip 816112903 ty Permit Intormatum _ i fl E Master parmit Routing queue aslu07 ;applied O6 0?'2013 Project status ;pending Appro'red Description APPLIOATIOhJ FORTEf�9P USE FOOD VENDING Iced Submtted ROM HIRSS 376 7770 —1 Clock Running Days E Tires Ofi.02+'201# #Owner Last name HIRSS First name ROM Pia BOX 9111 ASPE(d CO 81612 Phone IiM,}376-7770 Address I 's applicant 1 I t ol Omer isapplicant? _Contractor isapplicant? Last name HIRSS First name ROM BOX 9441 1 PPEN 00 811512 Phone 4701376-7-70 Cult" 29a 2 Arfdr�sa 3 Lender Last name — First name j ' ;address � Phone � i i 3 K f3 33� 3 3 {i l larsplays the permit lender's address AspenGold6(server;,angelas m 1 of 1 CJ 12 a,t� /V . AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Lf O Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) I _eAc G (name, please print) being or representi g 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: 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 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. Signature The foregoing "Affidavit of Notice" was acknowledged before me this 2_0 day of jy^.►.moo , 20 , by WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE Of DEVELOPMENT APPROVAL My commission expires: 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 0 A the Land Use Code of the City of Aspen and Title 24,Article 68,Colorado Revised Statutes,pertain- ing to the following described property:Southeast Notary Public corner of Mill St.and an Ave,commonly known as 401 E.Hyman Ave.,Aspen,Colorado, 81611,by order of the Community Developmant Director on June 17,2013. The Applicants,Rom Hirss and Noah Annes,received approval of a Temporary Food Vending cart on the af0remen- tioned property.For further information contact Sa- ra Nadolny,at the City of Aspen Community De- velopment Dept. 130 S.Galena St,Aspen, Colorado(970)920-5090. COPY OF THE PUBLICATION at City of Aspen Publish in The Aspen Times Weekly on June 20, 2013[92828311 NOTICE OF APPROVAL TEMPORARY USE PERMIT TO ALLOW A FOOD VENDING CART TO OPERATE ON THE PROPERTY LOCATED AT 401 E. HYMAN AVE Parcel ID No. 2737-182-416-001 APPLICANTS: Noah Annes and Rom Hirss SUBJECT & SITE OF APPROVAL: Private outdoor space located at 401 E. Hyman Ave, involving the approval of Temporary Food Vending for the Red Fox Frozen Yogurt and Refreshments,a food vending cart. SUMMARY: The Applicants have requested Temporary Food Vending approval for the purpose of erecting a refreshment vending cart on the private outdoor space at the corner of S. Mill St. and E. Hyman Ave. The Applicants understand this temporary approval will permit operations for a period of six-months from the date of this 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 11 am— 1 am Sun - Sat List of products Frozen yogurt with self- serve toppings, bottled water, assorted canned sodas and juices/iced teas, grilled cheese sandwiches for late night menu Area of vending site < 50 sq. ft. +/- 49 sq. ft. The applicant has provided verification from the building owner to operate at this location. Also, the City's Environmental Health Department has approved the proposed operation. The operation may begin on the date of this decision. Page 1 of 2 DECISION: Staff finds that the Temporary Food Vending application provided by the Applicant should be granted for a six month term beginning on June 20th, 2013. The location, on the outdoor private property at 401 E. Hyman, is appropriate for the food vending cart and the proposal meets the design, location, and operation requirements of section 26.470.060 (7) of the land use code. APPROVED BY: (Yxoe Chris endon Date Community Development Director Attachments: Exhibit A— Temporary Food Vending Standards Exhibit B— Application - - - - - - - - - - - - - - - - Page 2of 2 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. The Fritz and Erika Lindner Revocable Family Trust& Erika L. Lindner Revocable Trust, 66966 Ten Peaks Court, Bend, Oregon 97701 Property Owner's Name, Mailing Address Lot A Block 89 City and Townsite of Aspen; 401 E. Hyman Ave, Aspen, CO 81611 Legal Description and Street Address of Subject Property Temporary Food Vending cart—to sell frozen yogurt, drinks & savory sandwiches from 11 am — 1 pm Sunday through Saturday, from June 20, 2013 —December 20, 2013. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval by the City of Aspen Planning and Zoning Commission of a PUD Amendment via Resolution 4, Series 2013 on 1/15/2013 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) June 20, 2013 Effective Date of Development Order (Same as date of publication of notice of approval.) December 20 2013 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 17th day of June, 2013, by the City of Aspen Community Development Director. Chris Bendon, ommunity Development Director Exhibit A Review Criteria 7. Temporary food vending. Temporary Food Vending on private property or public property that is subject to a mall lease for food vending or outdoor restaurant seating in the Commercial Core (CC) or Commercial Lodge (CL) Zone Districts shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: a. Location. All outdoor food vending shall be located in the Commercial Core (CC) zone district. Temporary food vending may operate in interior arcades of buildings within the Commercial Core and Commercial Lodge zone districts only if the approval of the property owner and of all businesses that have access in the arcade has been granted. The temporary operation shall under no circumstance be located in the public right-of-way. The normal operation of the food cart, including line queues, shall not inhibit the movement of pedestrian or vehicular traffic along the public right-of-way. Other criteria that all applications must be in compliance with: 1) Multiple vending sites shall not be allowed for any single owner or entity. Staff response: The owners are not proposing to operate more than this single vending operation. Staff finds this criterion to be met. 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. Staff response: The food vending cart will be located on the private outdoor space associated with 401 E. Hyman Ave. It will not move from its designation location throughout the duration of the permit. Staff finds this criterion to be met. 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. Staff response: The proposed location of the food vending cart will be to the side of the building's entryway, and will not pose a threat to public health, safety and welfare. The Applicant will ensure that a six (6)foot ingress/egress is maintained around the building entrance at all times of operation. Staff finds this criterion to be met. 4) Before a food vending cart can begin operating, it must receive approval from the property owner and all adjacent businesses. Staff response: The Applicants have received approval from the adjacent businesses of Art Tee Gallery (401 E. Hyman), Koto Aspen(308 S. Mill St) and Covet, Bright and Shiny Things (306 S. Mill St). Prior to the finalization of this application, City Council changed this requirement to only require permission from the landowner. Staff finds this criterion to be met. 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 Staff response: Upon approval, the Applicants would be granted a six month temporary food vending license, from June 20`h through December 20th, 2013. The Applicants have indicated that they have received a four-month lease from the property owner, and are expecting to operate through October, 2013. Staff finds this criterion to be met. 2) Hours of operation Staff response: The Applicants intend to operate the temporary food vending cart between the hours of Ham—1 am, daily. Staff finds this criterion to be met. 3) Location Staff response: The proposed temporary food vending cart will be located on the outdoor private space located at 401 E. Hyman Ave, to the right of the entryway to the business, across from the Mill St. mall's fountain. Staff finds this criterion to be met. 4) Comprehensive list of all food and beverage being served. Staff response: The Applicants have proposed the following items to be served at the food vending cart: • 4 flavors of frozen yogurt provided by Yoki Bliss, a Boulder, CO company • Self-serve toppings, such as: • Berries &fruit • Cookies & graham cracker crumbles o Nuts o Sauces • Beverages o Bottled water • Sodas/fruit juices • Iced tea/iced coffee • Late night menu • Grilled cheese • Savory item 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 Applicants understand that any plan which is a complete deviation from what is proposed may cause the revocation of the temporary food permit. Staff finds this criterion to be met. 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: As previously stated, the Applicants intend to operate the temporary food cart for a period of four (4) months. However, the Applicants understand that they will not be permitted to operate for a period of time to exceed six (6) months. At the end of the six (6) month permit, should the Applicants wish to reinstate this permit, they will be required to reapply at that time. The temporary food vending permit shall be valid beginning on June 20`", the date of the publication of the development order in the Aspen Times newspaper. Staff finds this criterion to be met. 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. Staff response: The Applicants have paid the temporary food vending permit fee of $81. Staff finds this criterion to be met. 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 area of the proposed vending cart measures 49.5 sf, thereby not exceeding the permitted 50 sf. Staff finds this criterion to be met. 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: Currently no outdoor temporary food vending carts exist within the City. The approval of this application will not exceed the limitation of four. Staff finds this criterion to be met. 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 Applicants are proposing a sign that is no larger than six square feet in size. Staff finds this criterion to be met. 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 Applicants understand they will be responsible for the maintenance of their operation, and any abandonment costs will be the burden of the property owner. Staff finds this criterion to be met. 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: Environmental Health has reviewed and approved this application. Staff finds this criterion to be met. 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. Staff response: Staff has waived all affordable housing mitigation fees associated with new net leasable square footage created by this application. Staff finds this criterion to be met. 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. Staff response: The Applicants understand that an approved temporary vending permit is valid for a period of six (6) months; however outdoor vending is allowed year-round. If the Applicants choose to continue their operation, they may reapply for a permit at the time of the permit's conclusion. Staff finds this criterion to be met. 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: Staff does not believe this application will diminish the general public health, safety or welfare. The Applicants have indicated their intent to comply with all applicable City Codes. Staff finds this criterion to be met. ATTACHMENT 2—LAND USE APPLICATION PROJECT: elf Name: Location: `'AM en ftmlklA Li m sikc V1 (0� (Indicate street address,lot&block number,legal description where appropriate) Parcel ID#(REQUIRED) 1---t Th t S11 V)Ok APPLICANT: Name: 0 M Address: Phone#: UL131(-111 REPRESENTATIVE: Name: Address: Phone#: zo-3 A-17 7C TYPE OF APPLICATION: (please check all that apply):' F-1 GMQS Exemption ❑ Conceptual PUD Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA—8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.) PROPOSAL: (description of proposed buildings,uses,modifications,etc.) f07-fA Y0CA-CA CKJ�W� YC' CX04 � rc)(A UWn w,'!JA_0"L;S1 ppcow ky dow �oy _kl� 1-mmCnN Have you attached the following? FEES DUE: F-1 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. ATTACHMENT 3 � DIMENSIONAL REQUIREMENTS FORM �- loc�vv' �etlProject: t Applicant: ePV� �LfS S Location: LAC 1 rYl Ayl Zone District: �'i Lot Size: Lot Area: 2�Ic s (for the pure ses 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.) 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: Variations requested: COMMUNITY DEVELOPMENT DEPARTMENT Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative — meaning an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff review is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre-application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final application submission. Upon final approval all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner(e.g. a contract purchaser) regarding payment of fees is solely between those private parties. 2013 1 1 COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees Anagreement between the City of Aspen ("City") and Property ( ? Phone No.: 3' O Owner("I") �'� ��?5� Email: Address Of Billing "f Property: Address: (subject of (send bills here) (� application) �� I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $0 flat fee for Select Dept $O flat fee for Select Dept $O flat fee for Select Dept $ 81 fiat fee for Flat Fee 1 (Admin GP For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$325 per hour. $ 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: Allom City Use: Title: Fees Due: $81 Received: $ January, 2013 City of Aspen 1130 1 1 Ruby Lindner 17017 SE 261h Street Bellevue, WA 98008 City of Aspen Community Development Department Attn: Planning&ZoninA 130 S Galena Street—3 Floor Aspen, CO 81611 May 29,2013 RE: Short term summer tenant use of outside space located at 401 E Hyman Avenue, Aspen, Colorado 81611 by Rom Hirss and Noah Annes dba SnoYo LLC To whom it may concern; The Fritz and Erika Lindner Revocable Family Trust and the Erika L Lindner Revocable Trust, as Landlord of the property located at 401 E Hyman Avenue, Aspen, Colorado approve and agree to the proposed use of the outside corner space located at the above address for the purpose of a frozen yogurt vending stand for the period from June 2013 through September 2013 by Rom Hirss and Noah Annes dba SnoYo LLC. R 7 s, Ruby C. L' dner,as appointed representative for Erika L Lindner,Trustee of the Fritz and Erika Lindn evocable Family Trust and the Erika L Lindner Revocable Trust Cc; Erika L Lindner, 66966 Ten Peaks Court,Bend,Oregon 97701 THE CITY QE Asi m Environmental Health Department June 11, 2013 Red Fox Frozen Yogurt Aspen, CO 81611 RE: The Red Fox Frozen Yogurt Plans and Specifications Review Dear Rom Hirss and Noah Armes : The Environmental Health Department has completed a review of the proposed plans and specifications for this establishment in order to determine compliance with Rules and Regulations Governing the Sanitation of Food Service Establishments in the State of Colorado (effective March 1, 2013). We have determined that these plans conform to the established Environmental Health Department dependent upon the following requirements being met at the time of inspection: 1. The hand sinks throughout the facility need to be equipped with soap and paper towels. 2. Equip all refrigerated units with conspicuous thermometers. At the pre-opening inspection, all refrigerated units used for food storage must operate at proper temperature (below 41°F). 3. All finishes (floors, walls, ceilings) in food preparation and ware washing areas must be smooth, nonabsorbent, durable and easily cleanable. 4. All food contact equipment must be NSF approved or equivalent. 5. Test strips need to be available for testing the concentration of sanitizing products. 6. Properly seal all in-place equipment,such as sinks and wall shelving,to the wall. Either close open spaces between equipment or place equipment such that it is easy to access for cleaning. ENTERPRfi $ ES , ll:C A 5 t F N X A 1 L ^. e E A Y E A C A E E -C "7 �� - ��� f Jr'r�j�r�v, / ✓%fir-' rG" j 74 C� 71( /f G{y e� f Ir Post Office Sox 2000 0005 Murray Road #A5 Edwards, Colorado 81632 Phone: 970.926.9300 I Buying Fax: 970.926.9305 � � Office Fax: 970.926,9303 May 30, 2013 To Whom It May Concern, Rom Hirss and Noah Annes are applying for an outdoor food vending permit to sell frozen yogurt and refreshments on the corner of Hyman Ave E and South Mill St on property owned by Erika Linder trustee of the Fritz and Erica Linder Revocable Family Trust. The current tenant for the adjacent indoor space is Robert D. Bosselli of Art Tee Gallery. We are operating as SnoYo LLC and doing business as Red Fox Frozen Yogurt and Refreshments. We are located at 401 E. Hyman Ave, Aspen, CO 81611 with a local phone number of 970.376.7770. The authorized representative is Rom Hirss. He can be reached by mail at PO Box 9444, Aspen, CO 81612. By phone at 970.376.7770. Rom Hirss is authorized to act on behalf of SnoYo LLC. Sincerely, Noah Annes Rom Hirss Location for Proposed Development Street Address: 401 E. Hyman Ave Aspen, CO 81611 Legal Description: City and Town Site of Aspen Lot A,Block 89 Parcel #273718216001 May 31, 2013 To Whom It May Concern, T have talked with Rom Hirss and/or Noah Annes about them operating a temporary food cart adjacent to-my business. - - - - L Austin Nagel (print name)as owner and/or representative of Koto Aspen located at 308 S. Mill St,approve of the temporary use of the space next to 401 E. Hyman as a frozen yogurt and refreshments stand. Looking Forward to Some Delicious Fro-Yo, AV2—/ (signature) June 4, 2013 To Whom It May Concern, I have talked with Rom Him and/or Noah Annes about them outing a temporary food can adjacent to my business. I, 6 (print name}as owner and/or representative of Covet,Bright& Shiny located at 306 S.MR St, approve of the temporary use of the space next to 401 E.Hyman as a frozen yogurt and refreshments stand. Lookin Forward to Some Delicious Fro-Yo, (signature) �y �/ Food and Beverages Being Served Frozen Yogurt 4 Flavors of Frozen Yogurt provided by Yoki Bliss out of Boulder, CO - local yogurt with no artificial flavors, dyes, sweeteners or preservatives Self Serve Toppings strawberries rainbow sprinkles hot fudge peaches chocolate sprinkles caramel cookie dough sliced almonds reeces chopped peanuts heath bar graham cracker crumbles brownie bites oreo cookie cheescake bites granola butterfinger gluten free granola mochi gummy bears mini mms Beverages Bottled Water Assorted Bottled/Canned Drinks including: Gatorade,juice and sodas Home-made Lemonade Home brewed iced tea Home brewed iced coffee fate Night Menu On Friday and Saturday nights we will be offering a savory item for late night customers, grilled cheese. Proposal Rom Hirss and Noah Armes are applying for an outdoor food vending permit to sell frozen yogurt and refreshments on the South East corner of Hyman Ave E and South Mill St. We are operating as SnoYo LLC and doing business as Red Fox Frozen Yogurt and Refreshments. We hope to bring the self-serve and weigh frozen yogurt phenomenon to Aspen. This trend is super popular around the country and the world. It is a fun, healthy, interactive snack or dessert. Our operation will be run out of a 5.5' by 9' wood food cart. The structure will look like a small cabin or shed(a nice good looking shed). Our proposed hours of operation will be 11 AM to 1 AM. We will be offering 4 flavors of self serve frozen yogurt, —25 self serve toppings, bottled water, assorted canned/bottled drinks, fresh lemonade,home brewed iced tea and home brewed iced coffee. How Our Proposal Complies With the Review Standards for Temporary Outdoor Food Vending Section 26.470.060 7. Temporary Food Vending a. Location: "Commercial Core" 1. we are only applying for one "vending site" 2. our food cart will not move for the duration of the permit 3. our cart will not interfere with and "emergency egress or pose a threat to public health, safety or welfare". 4. we have attached approval from property owner and adjacent businesses b. Operation Plan 1. We intend to operate from mid-June 2013 to mid-October 2013 2. Hours of Operation: at most 11 AM— 1 AM 3. 401 E. Hyman Ave, right next to the fountain 4. attached is a comprehensive list of all food and beverages being served c. Duration -we only have a consecutive 4 month lease d. Fee -we will pay the $81 fee e. Size - our cart will not exceed 50 sq/ft f. Number - N/A g. Signage - we will have less then 6 sq/ft of signage h. Abandonment - we understand i. Environmental Health - we have submitted an application to the environmental health department and will act in accordance to all guidelines and regulations j. Affordable Housing Waiver -great k. Year-round Operation -we are not applying to operate year-round 1. Maintenance and Public Safety -if anything we feel we are making the city safer by making people happier and more content T To see al the details that are visible on the pp screen,use the*Print'link next to the map. rap i j �ikn 5 y Bwnd t. I One Love Asper. GF Ai 5*rrakeshop ' weer " zxa,bt� tt �.. (?8r,qv� C'GKa Hasse �' La•m Bistro Asp—'.-W - _1 - Art Oatlely J -S;;Casa 1t � Royal Asper. _f Su sa # Gagety lsi^ A aisat� �+Rve � flt�eASp� Mcrc#er 1 ery°;hx?s Above Aspa t S x ar^ass Ute hour uwwer Coidweil t ,he Sah {R7 Sothet°ys k` Idt litd rig 11 H$i� of Int4cnatsa�i Reahy �}'�/t q i Aspen L. Kaattrg YTr4a' Fine Ar�' .x PI fitEF(�J10E mrd River POCTWca Sva£ood tt :aEkryl ros Bar Ofd 5�e � �tr Shop Aspen ►�.a aw pima coat'.- 4 1 of 1 6/4/13 4:25 PM i RED FVX r i r , FROZEN YOGURT i I I l j r I .. .i.........I .I ....._ I I j I k r ( I ! I r. 4 1 1 I i ' k j . i r r j i 1 r I I I I i � l I i Ko.l I I I I I I i I j I 77-. r it 1 I _ I j r I I I i I I j K ,i i r ' r { ! p I l vs, M � k ,ro� a I - Aq ��3a 2413w1 W- 641 iJ`J € ' CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY "I PLANNER: Justin Barker, 970.429.2797 DATE: 5/28/13 PROJECT: Outdoor food vending at Mill St. and Hyman Ave. APPLICANT: Noah Annes, 612.743.6274 TYPE OF APPLICATION:Temporary Food Vending DESCRIPTION: The Applicant is requesting approval for a Temporary Outdoor Food Vending permit to operate a frozen yogurt stand on private property located at the southeast comer of Mill St. and Hyman Ave. The Applicant will need to comply with the criteria established in Subsection 26.470.060(7), Temporary Food Vending, of the Land Use Code. Below is a link to the Land Use application Form for your convenience. http://www.aspgnr)Rkin.com/Portals/0/docs/City/Comdey/Apps%20and%2OFees/2011%2Oland%20use %20app%20form.g 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.asnenpitkin.com/Departments/Community-Develooment/Planning-and-ZoninQ/Title-26- Land-Use-Code/ Review by: Community Development Staff for complete application Public Hearing: Not required for this review. Planning Fees: $81 for Administrative Community Development Staff Review Total Deposit: $81 Total Number of Application Copies: 2 Copies including appropriate drawing for board review To apply, submit the following information: 4k Total Deposit for review of application. 4k Pre-application Conference Summary(This document). 49 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. 49 Street address and legal description of the parcel on which development is proposed to occur. 4k Completed Land Use application and signed fee agreement. 4 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. 41; A site plan depicting the location of the temporary use. Ik A drawing depicting the size of the temporary use (not to exceed fifty (50) square feet). t A signed letter from the owner of the business that the temporary use will be operating by or in association with. 41; A signed letter from the property owner allowing for the temporary use to occur on their property. # Signed letters from those restaurant or retail businesses adjacent to the operation of the proposed temporary use. 41; 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 CPTV or AsEEN Environmental Health Department Any further changes to the plans or menu will also require approval in writing from this department. We remind you that a pre-opening inspection is necessary prior to opening for service. Please make arrangements with the Aspen Environmental Health Department for this inspection at least three (3)working days beforehand and the inspection should be conducted a few days before you plan to actually open. At the time of this inspection, the premises must be clean and cleared of all construction materials and all refrigerated equipment must be operating at proper temperature. Additionally, any chemicals that will be used for sanitizing need to be present during the inspection for testing. If you have any questions, do not hesitate to call. Sincerely, -J Rachel Burmeister Environmental Health Specialist 970-920-5075 Departmental Use Only CR 0002(02/21/13) COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Denver CO 80246-1530 Retail Food Establishment License Application For Calendar Year 2013 This application will be rejected unless all questions are fully answered, proper remittance is attached,and Health Department approval is obtained.The State may convert your check to a one time electronic banking transaction.Your bank account may be debited as early as the same day received by the State.If converted,your check will not be returned.If your check is rejected due to insufficient or uncollected funds,the Department of Revenue may collect the payment amount Health Department Approval directly from your bank account electronically.Mail remittance and application to: Aspen Environmental Health Department 130 S. Galena St. Aspen, CO 81611 Type of Ownership ❑Individual(if individual or sole proprietor owner,you must complete the enclosed affidavit and provide a notarized copy of an approved identification.) ❑General Partnership ❑Limited Partnership ❑Limited Liability Company ❑Limited Liability Partnership ❑Limited Liability Limited Partnership ❑Corporation ❑"S"Corporation 1-1 Association ❑Estate ❑Government ❑Joint Venture ❑Trust ❑Non-profit 501(c)(3)(please enclose copy of IRS letter of exemption)❑Other Non-profit Certificate/License to be issued in the name(s)of(full legal name of corporation;individual owner or name of first partner) Names of second and additional partners or corporation officers Additional contact name(on-site) Trade Name(DBA) CO Sales Tax Acct No.(Required) I FEIN/SSN Business Located At(street or rural route) City State Zip County In Which Business Is Located Phone Number Email Mailing Address(if different from location above) City State Zip Fax Number Date You Started The Business ❑ If seasonal,mark each business month ❑ JAN ❑ FEB ❑ MAR ❑APR ❑ MAY ❑ JUN ❑ JUL ❑ AUG ❑ SEP ❑ OCT ❑ NOV ❑ DEC Seasonal Date of Operation:Begins Date /_End Date_/_ Month Day Month Day Are you liable for reporting state sales tax? ❑Yes ❑No Liquor? ❑Yes ❑No Gaming? ❑Yes ❑No Name of Previous Owner Address of Previous Owner City State Zip In consideration thereof,I do hereby certify that I have complied with all items of sanitation as listed in the Colorado Retail Food Establishment Code,and that I have complied with all orders given me by authorized inspectors of the Colorado Department of Public Health and Environment or local board of health.I do hereby agree that in the event that the items of sanitation are not complied with,I will discontinue serving food until such time as requirements are met. Signature Title Date Calendar Year 20 CO Sales Tax Acct No.(required) Name of Current Owner Address of Current Owner City State Zip Health Department Use Only ❑No fee License(School,Charitable,Other) (3273 750) $ 0 ❑ Grocery Store 65,001-85,000 Sq Ft (3282 750) $ 415.00 ❑Mobile Unit (3289 750) $255.00 ❑ Grocery Store Over 85,000 Sq Ft (3294 750) $ 500.00 ❑Mobile Unit(Prepackaged Food) (3292 750) $115.00 ❑ Grocery w/Deli 0-3,500 Sq Ft (3283 750) $ 207.00 ❑Temporary/Special Event Establishment (3291 750) $255.00 ❑ Grocery w/Deli 3,501-15,000 Sq Ft (3284 750) $ 338.00 ❑Temporary/Special Event(Prepackaged Food) (3293 750) $115.00 ❑ Grocery w/Deli 15,001-25,000 Sq Ft (3285 750) $ 360.00 ❑Restaurant 0-100 Seats (3274 750) $255.00 ❑ Grocery w/Deli 25,001-45,000 Sq Ft (3286 750) $ 395.00 ❑Restaurant 101-200 Seats (3275 750) $285.00 ❑Grocery w/Deli 45,001-65,000 Sq Ft (3287 750) $ 450.00 ❑Restaurant Over 200 Seats (3276 750) $310.00 ❑ Grocery w/Deli 65,001-85,000 Sq Ft (3288 750) $ 575.00 ❑Grocery Store 0-3,500 Sq Ft (3277 750) $115.00 ❑ Grocery w/Deli Over 85,000 Sq Ft (3295 750) $ 690.00 ❑Grocery Store 3,501-15,000 Sq Ft (3278 750) $180.00 ❑ Oil&Gas Temp.0-50(Initial License) (3296 750) $ 750.00 ❑Grocery Store 15,001-25,000 Sq Ft (3279 750) $200.00 ❑ Oil&Gas Temp.Over 50(Initial License) (3298 750) $1,250.00 ❑Grocery Store 25,001-45,000 Sq Ft (3280 750) $235.00 ❑ Oil&Gas Temp.0-50(Renewal) (3297 750) $ 275.00 ❑Grocery Store 45,001-65,000 Sq Ft (3281 750) $290.00 ❑ Oil&Gas Temp,Over 50(Renewal) (3299 750) $ 500.00 (999) Is .00 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: June 11, 2013 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0039.2013.ASLU — 401 E. Hyman, Temporary Vending. The planner assigned to this case is Sara Nadolny(sara madolnyAcityofaspen.com). ❑ Your Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. o Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Tha You, (—i�enn)'ifekArLc4an, Deputy Director City of Aspen, Community Development Department - - - - - - - - For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No Subdivision, SPA, or PUD(creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F.