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PZC Packet 120115Town of Avon Planning & Zoning Commission Avon COLORADO Meetings are Open to the Public— I. Call to Order — 5:00pm II. Roll Call III. Additions & Amendments to the Agenda Meeting Agenda Tuesday, December 1, 2015 Avon Municipal Building - One Lake Street Case #SRU15001 is placed on the consent agenda for continuance at the request of the Applicant. IV. Conflicts of Interest V. Consent Agenda • Continue Item VI for Case #SRU15001 to the December 15, 2015 meeting as requested by the Applicant • November 3, 2015 Meeting Minutes • Findings of Fact and Record of Decision for File #MNR15029 and #AEC15003 • Findings of Fact and Record of Decision for File #SRU15003 VI. Public Hearing: Case #SRU15oo1 Land Use Application Type: Special Review Use Property Location: Lot 37 A & B, Block z, Benchmark at Beaver Creek Subdivision Property Address: 228 W. Beaver Creek Blvd. Units A & B Zoning: Residential Duplex (RD) Applicant: Todd Roehr Owner: Todd Roehr Description: The Applicant is requesting approval of a special review use permit to operate a bed and breakfast at the subject property. VII. Public Hearing: Case #SRU15004 Land Use Application Type: Special Review Use Property Location: Lot 18/19, Block 1, Benchmark at Beaver Creek Subdivision Property Address: 281 Metcalf Rd. Unit #107 Zoning: Industrial Commercial (IC) Applicant: Vladimir Goregliad representing Motion Autohaus, LLC Owner: Eugene Cheong, Dennison Capital, LLC Description: The Applicant is requesting approval of a special review use permit to operate a car sales and rental business at the subject property. Agenda posted on November 25, 2015 at the following public places within the Town of Avon: -Avon Municipal Building, Avon Recreation Center, Avon Public Library, Town of Avon Website www.avon.org Please call 970-748-4030 for Questions VIII. Staff Approvals • A solar panel array installation at 2940 June Creek Trail IX. Other Business • Wildridge PUD Amendments from Town Council -update • Red House acquisition, vested property rights, Lot 2 Riverside acquisition — update X. Adjourn Z Agenda posted on November 25, 2015 at the following public places within the Town of Avon: -Avon Municipal Building, Avon Recreation Center, Avon Public Library, Town of Avon Website www.avon.org Please call 970-748-4030 for Questions Town of Avon Planning & Zoning Commission Avon COLORADO I. The meeting was called to order at 5:oopm II. Roll Call • All Commissioners were present. • Staff present: Matt Pielsticker and Brian Garner Meeting Minutes Tuesday, November 3, 2015 Avon Municipal Building - One Lake Street III. Additions & Amendments to the Agenda • Resolution 15-21 for Case #CTA15001 was added to the consent agenda. • An amendment to Resolution 15-14 approved through Case #TMP15005 is requested by the Applicant and will be present to address the PZC under agenda item VI I I Other Business. IV. Conflicts of Interest • Commissioner Lubbers declared a conflict of interest from participating in agenda item VI a public hearing for Case #MNR15029/AEC15003 and recused himself. • Commissioner Barnes declared a conflict of interest from participating in agenda item VI a public hearing for Case #MNR15029/AEC15003 and recused himself. V. Consent Agenda Case #SRU15003 - Findings of Fact and Record of Decision - Lots z & 3, Block 1, Benchmark at Beaver Creek Subdivision. Propane Fuel Station. 10.20.2015 PZC October 20, 2015 Meeting Minutes Resolution 15-21 for Case #CTA15oo1 Findings of Fact and Record of Decision - A Code Text Amendment to the Avon Development Code Pertaining to PUD Amendments in the Wildridge Subdivision, Town of Avon, State of Colorado. 10.20.2015 PZC. Action: Commissioner Minervini moved to approve the consent agenda. The motion was seconded by Commissioner Struve and at vote all were in favor (6-1) with Commissioner Bonidy abstaining, and the motion passed. VI. Public Hearing: Case #MNR15oz9/AEC15oo3 Land Use Application Type: Minor Development Plan & Alternative Equivalent Compliance Property Location: N/A Property Address: N/A Zoning: Open Space, Landscaping, and Drainage (OLD) Applicant: Town of Avon Owner: Town of Avon, Eaglebend Affordable Housing Corporation Description: Review of proposed retaining wall finish materials for Phase III, Eagle Valley Trail. Walls are proposed to be constructed up to 14' tall with "Redi-Rock" block wall system. Alternative Equivalent Compliance is requested for the project. Action: Commissioner Hardy moved to approve Case #MNR15029 & AEC15003 together with the findings of fact as cited in the staff report. The motion was seconded by Commissioner Bonidy and at vote all were in favor (5-0) and the motion passed. Findings: 1) The proposed retaining wall design was reviewed pursuant to §7.16.o8o(f), Development Plan, and 7A6.o9o(f), Design Review, Avon Municipal Code, and z) The proposed retaining walls exceed the maximum height allowed by §7.28.070 of the Development Code by having an engineered maximum height of fourteen (14) feet. 3) The AEC application was reviewed pursuant to §7.16.12o(d), Alternative Equivalent Compliance, and was determined to be compliant with the review criteria. 4) The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of the retaining wall standards. 5) The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard as it will minimize disturbance to the land and natural vegetation of the Eagle River riparian corridor. VII. Staff Approvals • Monument sign for Avon Public Library. Tract G, Block 1, Benchmark at Beaver Creek Subdivision. zoo Benchmark Road (Sign located on Town of Avon property). • Exterior house modification to install new doorway in lieu of window to garden level floor area. 2475 Old Trail, Unit B. • Brookside Lofts exterior stucco color change in two wall sections. 37347 Hwy. 6. • Exterior house modification to enclose existing deck with expanded kitchen area. 3016 Wildridge Rd., Unit 6 • Solar panel rooftop array installation. 4201 W. Wildridge Rd. • Sprint Antennae modification and upgrade. Avon Center at Beaver Creek. 1oo W. Beaver Creek Blvd. • Demolition of existing wood fence and rebuild at Falcon Point Resort. 175 Lake Street. • Various exterior improvements to residence including new paint, front porch at 5129 Longsun Lane. • Repaint of ridgeline condos at 3008 Wildridge Road. • New split -rail fence for residences at June Creek Corner, units A, B, C, D. 2900 June Creek Corner. • New trash enclosure at Eaglebend Affordable Housing Corp. 386og Hwy. 6 VIII. Other Business Dave Dantas representing D.W. Dantas Construction requested an amendment to Resolution 15-14 approved through Case #TMP15005 to allow additional storage of excavation materials on Lots 1, 2 & 3 Wildridge Point Subdivision, beyond the limitations imposed through the original case approval. Action: Commissioner Barnes moved to approve the requested amendment with no changes to condition #1; one (1) change to condition #2; and one (1) change to condition #3 of the approval: • Condition ft The Applicant shall be responsible for restoring the condition of the property to preexisting conditions upon completion of the temporary use. • Condition #z: The Applicant shall submit to staff for review and approval a re- vegetation/restoration plan and shall utilize the topographic map of Lot 33 and 34 Wildridge dated 10/22/12 to establish the elevations for restoring the condition of the property to preexisting conditions upon completion of the temporary use not later than May 31, 2o16. • Condition #3: Lots 1, 2 &3 Wildridge Point Subdivision shall only be available for storage of excavation materials for the next sixty (6o) days by D.W. Dantas Construction Company. The motion was seconded by Commissioner Struve and at vote all were in favor (7-0) and the motion passed. IX. The meeting was adjourned at 5:55 PM. PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF DECISION: November 3, 2015 Regular Meeting TYPE OF APPLICATION: Minor Development Plan & Alternative Equivalent Compliance PROPERTY LOCATION: N/A FILE NUMBER: #MNR15029 &AEC15003 ADDRESS: N/A APPLICANT: Town of Avon PROPERTY OWNER: Town of Avon, Eaglebend Affordable Housing Corporation These findings of fact and record of decision is made in accordance with the Avon Development Code ("Development Code") §7.16.080(f) Development Plan and 7.16.090(f) Design Review and 7.16.120(d), Alternative Equivalent Compliance: DECISION: Approved by 5-0 vote FINDINGS: 1) The proposed retaining wall design was reviewed pursuant to §7.16.080m, Development Plan, and 7.16.0900), Design Review, Avon Municipal Code, and 2) The proposed retaining walls exceed the maximum height allowed by §728.070 of the Development Code by having an engineered maximum height of fourteen (14) feet. 3) The AEC application was reviewed pursuant to §7.16.120(d), Alternative Equivalent Compliance, and was determined to be compliant with the review criteria. 4) The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of the retaining wall standards. 5) The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard as it will minimize disturbance to the land and natural vegetation of the Eagle River riparian corridor. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: 1, Jim Clancy, PZC Chairperson DATE: PZC Findings of Fact and Record of Decision: MNRlS029 Page 1 of 1 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION Avon DATE OF DECISION: October 20, 2015 Regular Meeting TYPE OF APPLICATION: Special Review Use PROPERTY LOCATION: Lots 2&3, Block 1, Benchmark at Beaver Creek Subdivision FILE NUMBER: #SRU15003 ADDRESS: 111 Nottingham Road APPLICANT: Matt Morrison, Wilcon Energy PROPERTY OWNER: G.P.I. Partners, PO Box 99, Vail, CO 81658 These findings of fact and record of decision is made in accordance with the Avon Development Code ("Development Code") §7.16.080(f) Development Plan and 7.16.090(f) Design Review and 7.16.120(d), Alternative Equivalent Compliance: DECISION: Approved by 6-0 vote, with Conditions CONDITIONS: 1. Prior to beginning any construction, the Applicant's contractor shall contact all appropriate utility companies for line locations, and contractor shall then locate all utilities (including depth). The Applicant shall submit the locate information with the building permit application. 2. The Applicant shall restore any landscaping to pre-existing conditions if disturbed. 3. The Applicant shall restore any aspect of the property altered or damaged by the facilities or use on Lots 2 & 3 upon removal of any equipment to conditions pre- existing the installation to the satisfaction of the Town and the property owner. The Applicant shall photo -document conditions before equipment installation and confer with Town staff prior to the removal of any installed equipment to agree on the restoration plan. 4. The Special Review Use permit is approved for duration not to exceed two (2) years and the Applicant shall report back to the PZC in one (1) year to provide an update. 5. Fuel delivery trucks shall be restricted to twenty-five (25) foot maximum length with not more than two (2) axles. 6. The Applicant shall install motion -activated bollard lights that meet the lighting standards of the Avon Municipal Code to provide a minimum level of safe lighting for fuel customers. 7. No on-site payment option shall be made available to fuel dispenser customers. 8. The Applicant shall submit for review and approval by the Town Engineer an auto - turn analysis to demonstrate the parking lot can reasonably and safely accommodate a 25 -foot fuel delivery truck. PZC Findings of Fact and Record of Decision: MNRlS029 Page 1 of 2 FINDINGS: 1. The Application was reviewed in accordance with Sec. 7.16.100 Special Review Use and determined to be eligible for consideration with the applicable review criteria. 2. The proposed use confers a benefit to the greater community by providing a commercially accessible source of alternative fuel. 3. The proposed use is compatible with adjacent uses in terms of scale, size and scope and any possible impacts will be minimal and mitigated by constant monitoring and safety inspections, as agreed by the applicant. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY: DATE: Jim Clancy, PZC Chairperson PZC Findings of Fact and Record of Decision: MNRlS029 Page 2 of 2 Staff r - Special Sta Report Spec a Review Use ,avon December 1, 2015 Planning & Zoning Commission Meeting COLORADO Case #SRU15004 Project type Special Review Use Legal description Lots 18/19, Block 1, Benchmark at Beaver Creek Subdivision Owner Eugene Cheong, Dennison Capital, LLC Zoning Light Industrial Commercial (IC) Address 281 Metcalf Rd. Unit 107, Avon, CO 81620 Prepared By Brian Garner, Town Planner Summary of Request Vladimir Goregliad representing Motion Autohaus, LLC (Applicant) is requesting a Special Review Use (SRU) permit to allow the use of automobile sales and rentals in unit 107 of the Metcalf Commercial Park, zoned Light Industrial Commercial (IC). The property is located on Lot 18/19, Block 1, Benchmark at Beaver Creek Subdivision addressed as 281 Metcalf Rd., unit 107 (The Property). The requested use requires review and approval by the Planning and Zoning Commission (PZC) to obtain the SRU permit. According to the Applicant, "This garage will be used for car rentals and sales. Not for Black Diamond (transportation service). I have 2 assigned parking spaces outside as well as 6 cars will be parked inside of the garage. There (are) approximately 40 parking spots total belonging to this building. I will have one employee besides myself. Vehicles will be detailed inside of the garage and maintained (at) the dealerships. We will be open from Monday through Sunday from 9 AM till 10 PM. All the rental vehicles will be delivered directly to hotels and private houses. 2 assigned (parking) spaces will be used by me or employee and customer, who will come to test drive the vehicle before the purchase by appointment only. There are also several short-term customer parking spaces next to our parking spaces with first come -first serve basis." Site Analysis Lot 18/19 is a fully developed commercial facility consisting of a south bay and a north bay, each consisting of two levels. Unit 107 is a garage/office space located on the front (southeast) side of the building. The Metcalf Commercial Park site contains concrete and asphalt pavement, sixty-six (66) striped parking stalls, and landscaping along the front and rear property lines. The property is relatively flat with a slight grade to the southeast. Parking and Traffic The Metcalf Commercial Park was developed in 1996 and contains 66 paved and striped parking stalls, according to approved plans on file with the Town. Lot 18/19 is accessed by a single driveway with full movement ingress/egress onto Metcalf Road, located at the north end of the property frontage. According to the Applicant, six vehicles will be stored inside the garage and two parking spaces are assigned to unit #107, signed directly in front of the unit and will be utilized for employee and customer parking. Zoning The Application is eligible for approval through the Special Review Use permit process. The Property is zoned Light Industrial Commercial (IC) and the proposed use is specified in the list of uses allowed with December 1, 2015 PZC Meeting — Case #SRU15004 approval of a SRU permit as contained in Table 24-1 of the Avon Development Code. According to the Development Code, the IC zone district "is intended to provide for a variety of businesses, including warehouses, research and development firms, repair shops, wholesale distributors and light manufacturing. This district may include supporting office and commercial uses where appropriate. Uses permitted in this district are intended to serve community and regional needs. This district is intended to be located away from low and medium density residential development. The IC district implements the light industrial commercial and employment classification of the Avon Future Land Use Plan and should be located along an arterial roadway." The adjacent properties in the Metcalf Road corridor are zoned Light Industrial Commercial and contain a wide range of uses consistent with the intent of the zone district and comprehensive plan. Walkin' the Dog is another business within the Metcalf Commercial Park that is currently operating with an approved SRU permit. A Special Review Use is regulated by Sec. 7.16.1oo of the Avon Development Code. According to the purpose statement for this Section: "This Section provides a discretionary approval process for special review uses that have unique or widely varying operating characteristics or unusual site development features. The procedure encourages public review and evaluation of a use's operating characteristics and site development features and is intended to ensure that proposed use will not have a significant adverse impact on surrounding uses or on the community at large. Special review uses that may be allowed in each zone district are listed in Table 7.241, Allowed Uses." Comprehensive Plan Analysis Lot 18/19 is located within the Metcalf Road District of the Town of Avon Comprehensive Plan. A specific Land Use Policy identified in the Comprehensive Plan that supports this application: • Policy E.1.3: Encourage small business incubators to support local entrepreneurs. The Application is generally compliant with the purpose and guidelines of the Metcalf Road planning district of the Comprehensive Plan. Review Criteria A Special Review Use application must meet the criteria set forth in Sec. 7.16.1oo of the Avon Development Code as follows: (1) The proposed use is consistent with the Comprehensive Plan and all applicable provisions of this Development Code and applicable state and federal regulations; Sta Ressponse: The proposed use is consistent with the intent of the Light Industrial Commercial district of the Avon Comprehensive Plan by permitting a commercial vehicle sales and rental business, upon determining the use is compatible with adjacent and surrounding uses. The Applicant is required to obtain any applicable State approvals as necessary for the operation in addition to a Town of Avon business license. (2) The proposed use is consistent with the purpose and intent of the zoning district in which it is located and any applicable use -specific standards in the Development Code; Staff Response: Automobile sales and rental may be permitted as a special review use in the IC zone district, if approved by the Planning & Zoning Commission, as this use is specifically referenced in Table 7.24- 1 Table of Allowed Uses. The IC zone district "... is intended to provide for a variety of businesses, including warehouses, research and development firms, repair shops, wholesale distributors and light manufacturing." The Development Code does not contain use -specific standards for automobile sales and rental, and no physical improvements to the property are contemplated to accommodate the use. December 1, 2015 PZC Meeting — Case #SRU15004 2 (3) The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics; Staff Response: The Metcalf Commercial Park contains a wide range of light industrial and commercial uses of varying intensity. The use is generally conducted inside the garage with little impact to other tenants of the Metcalf Commercial Park and should be compatible with and not negatively impact other adjacent uses. The overall availability of parking is tight on the site, but is managed with signed spaces for each tenant and will remain to be managed for any use conducted in the Metcalf Commercial Park. (4) Any significant adverse impacts (including, but not limited to, hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts) anticipated to result from the use will be mitigated or offset to the maximum extent practicable; Staff Response: The proposed use does not produce odor, noise or vibration and business will be conducted indoors and general maintenance and cleaning of the vehicles is performed off-site, according to the Applicant. As a result, minimal adverse impacts are expected as a result of the proposed use. Adjacent to the south is New Dimension Cleaning Service and adjacent to the north is a storage unit. The unit above 107 is currently vacant. The Applicant does propose extended hours of operation, but it's not likely to impact many of the other businesses that close earlier in the work day. (5) Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection, and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development; and Sta f f Response: The proposed use will take place within an existing developed property that currently has all utilities and police and fire protection and should have a negligible impact on these utilities and services. (6) Adequate assurances of continuing maintenance have been provided. Staff Response: The use will take place within a condominiumized commercial unit and all assurances of ongoing maintenance will continue to be the responsibility of the property owner and managing board. Staff Recommendation Staff recommends approval of case #SRU15004 with conditions and the findings of fact. Conditions 1. The Applicant shall ensure the availability of at least one (i) customer parking space at all times. 2. No outdoor storage of new or used vehicles is permitted. Recommended Motion I move to approve the Special Review Use permit proposed in Case #SRU15004, an application to allow automobile sales and rental, with (1) condition and three (3) findings of fact as presented in the staff report. Findings 1. The Application was reviewed in accordance with Sec. 7.16.1oo Special Review Use and determined to be eligible for consideration with the applicable review criteria. 2. The proposed use has a negligible impact to adjacent or on-site uses. 3. The proposed use is compatible with adjacent uses in terms of scale, size and scope. Attachments • Application Materials December 1, 2015 PZC Meeting — Case #SRU15004 • Applicant's Narrative December 1, 2015 PZC Meeting — Case #SRU15004 Motion Autohaus Business Plan Products and Services: The mission of Motion Autohaus will be to buy, rent and sell a desirable mix of luxury quality used cars, all wheel drive SUV's, vans and to create a friendly atmosphere where Motion Autohaus will be known for being the only 5 star luxury car center in Eagle County. Staffing: General Manager/Car Buyer/Fleet Manager/Vehicle Maintanance and Reconditioning: Vladimir Goregliad. Detailer/Photographer/Advertising/Saleseman/Consultant: Mikhail Zaharouski. Hours of operation: Monday -Saturday 9:00 AM -6:00 PM Overhead costs: Office Rent-$2000/month, Utilities: $100/month, insurance (garage policy): pending, TBD, Accounting: $70/month, Internet: $60/month, phone: $100/month Sales projections: Our main objective is to buy and sell 100 quality used vehicles in the first year of operation, with an increase per year of 50 vehicles, ultimately reaching an average of 200 cars per year with vehicles offered between $15,000 and $100,000. We project $200,000.00 in gross profit for the first year, making that a $2,000.00 per unit gross after marketing and sales expense is deducted, increasing accordingly with the number of units sold per year to reach our $400,000.00 gross profit by the third year. Inventory acquisition: To buy late model used luxury car brands: Audi, BMW, Mercedes, Porsche, Land Rover, Cadillac, Bentley, Maserati, Ferrari. Floor-planning'/financing/lines of credit: $250,000 for Motion Rent A Car, LLC from NextGear Capital and $250,000 for Motion Autohaus, LLC after obtaining a dealer license plus invest some savings. Customers: Our primary source of customer base will come from the local and surrounding counties, local families and second home residents from Vail, Avon, Edwards, Beaver Creek, Bachelor Gulch, Cordiliera, Aspen, Breckenridge, Denver, Colorado Springs and Grand Junction. Page 1 Motion Autohaus Business Plan Advertising: Our main advertising strategy is to let our potential customer know that we are aware of their needs and have quality inventory and prices. To prove it, we will let them know that if we don't have what they're looking for, we'll get it. Owner: Vladimir Goregliad Was born January 23 1985 in Belarus. 2002-2004 was studying in University of Technology in Wroclaw, Poland (subject: marketing and management). June 2004 moved to beautiful Avon, Colorado, United States for skiing and new adventure. 2004-2009 worked in Food and Bevarege industry, inluding World Class Ski Resort's fine dining restaurants and 5 star hotels. In May 2009 purchased 1st Luxury Vehicle Volvo XC90 and started luxury private transportation company "Black Diamond Cars". After being successful 6 years in business Black Dimond Cars has a fleet of 10 vehicles including Cadillac Escalades ESV and Mercedes-Benz Sprinter vans. Black Diamond Cars is proudly serving thousands of happy families and has become the exclusive transportation provider for 5 star hotels like the Ritz-Carlton Club & Residences, Four Seasons, Solaris and Inspirato Vacation Club. In June 2013 started luxury car rental company "Motion Rent A Car". Page 2 From: Motion Rent A Car To: Brian Garner Subject: Re: Town of Avon - Land Use Application Date: Wednesday, November 11, 2015 12:15:40 PM Hi Brian, All the rental vehicles will be delivered directly to hotels and private houses. 2 assigned spaces will be used by me or employee and customer, who will come to test drive the vehicle before the purchase by appointment only. There are also several short term customer parking spaces next to our parking spaces with first come -first serve basis. Below attached picture from the lease describing parking license. Thank you. Vlad. --•– " *,.._w-4 onm%=FMI tRtS'ftRr !t, }tCICSI'p[klt, Wr—a ` remisrs and clear of ice and sgalw" 13. Parking: For [dee Term, Land iord grants to Tcnan[ urn} its mployces Auld invitees, ut no, additional chmTc, it parking License, 11% l'arkirrg Lica:nse is s non-c:celusive license fax the use of TWO _ Irtrrkitsg spates upon The PfOPC ty (tha; "Park ink "'cerme') - The p'.ttkittg Livn_n shat i b - t ffcctive for the Iarm of the Leve as dcd d below. i"andlofd and Tekiant Q shall A 1rhatl ala designate spccifie 9paccs fur LkP she Term- � PREM11 i4- Common Amar: "fhe common arras ars alt. amas outside of the Prentice uixnt du Property Lksn4natcd Landlord for Comma. use of Tenant, its employees. Eicewws. and LaAdlmd (ttw "Common Aressa. Landlord gttm s to Tenant, its employees, licensees, invilees and contrwims a nun-r-w1wivc Ikumie over such Cnmrr>Km Ards of Ione Property necessary to the use and nceuparcp of the Prcmiws awed Parking Uccnw (rhe "Commnm Arra Livmw")" Said License shall be effective for he Term of th4• tease. Tcom shag uoi use COM"1011 ArraR far any lype of storage, ur parking of [rucks. Bailers, or other vehic]es wilboua the advuntr wnttrn canmmt of I-andluTd, All parking and Cotnman Arcais of Property NbolI at all limes be subs i to the monagcmant of L:nOord, and arc ntat part of Prcmi�.s. All use of the Ccmmun Areas shall be at the sole risk of Tenant. and lamdlord iN eoa liable If- any d or injuries occasioned by such use" Landlnud stroll have the right, poarr, and uudwrity to compoe, promulgate. char and modify all rales and regulations tltat it may, in its sa>0c disrrurian. &-ni rxcessnry for use uF Lhr Common Arr4s, Tewmt agrees to abide by and conform with all rultx brad reguiwiuns pertaining to swh Common Areas, t_:indlord shad, pefa[c lighliTIC foci]itin: w pnlicc and from aims to time Cha„ gc [hr arra, have the right to construct, msiintain. and o Location, and a rrangctnant of [he aN=oo Areas mid facilities: to ""cl ernPlum� Panel tndn and a`rfoam aFarm ;s� temporarily cit all, oraxiy gariivn {,r the CotrurnanAreas-, todisccALPV anon-Cvstotnrrpark' & P� } and all such rkm acts in and [o sni+i r t tsir<o�}n r�ross and fatili[irs a_Y I.Aadiord shall rjcrertnina in its axle mud absolute discrekim. oibzrCued to 9A Premises and iteprewrintiaras: Tenant is f=iEiar with the phynira] cnandiiion Of she prerrnueir; 15. nrriiitcl in the Loam, I�dlnrd =ltcs no rcptr_Io tdtiuru, or uWatxaxiitle#' and the Prupertyr. Except os may Ot Icy Esc be p ax their !Witabilii}' for Tenant's intended use- tri the event sical cond.it M of dtic pmma5cs. ar the ProPc'Y cfr end, other rahnr and matGridis roe tl�e i mpruwerncn[ if ghc ars to tltc pfi} paw rc[eawaliar, b,aikrpr, th,t L.a Wlord ugrcrs F,kerrFtntB W ba cifzctcd !}y jrtrranrPLFICM" wucll worn, or urloa'an€c sl�ll lie sr�ciifrad allowance fat iiYnpt nt upPC ro this lAasx and whimCh xholl wauX�tituic it i� of Ibis lj&rce ecofi, air nnY be Pcrf�1ed P„ouant ra T"ani-% Work LrIter- the PrcPiiises We agrrati tea �ct�'cc�i the �#ics in a �Ir+rtunr dntuxr� Other than the WK1L*- if siiry. to by a+ p siY dis+:lair55cd. l andloral makes no rC f7lrsc nt.uioa4. Il�easc t'"Work Laxttt� "`} aC I ...__.��..,.�.,,"i;Iiuit..erttlall .} .r_..,w': inte7AW IW-L'idl0d'd f1inhCr nnalctx nn teorrxrni.ihDIN. 11 xoA6. 2015 r., s 11:30 AM, Brian Garner <b arnero.avon.orr > xamieaii(a): Hello Vladimir, Quick question for you, as this has come up in the past concerning uses at Metcalf Commercial Park: If only two parking spaces are assigned to you outside, will you use this for yourself and other employee? Or where will customers park when coming to rent/buy vehicles? Do you have agreement from the building's owner for this use and have you discussed the parking issue with them? Thanks Brian Garner Town Planner Town of Avon, Colorado 970.748.4023 Avon.ore <image004.jp9> From: Motion Rent A Car[mailto:info(&motionrentaIca rs.com] Sent: Monday, November 02, 2015 2:01 PM To: Brian Garner Subject: Re: Town of Avon - Land Use Application December 1st is fine. 5:OOpm? 2 HOA6. 2015 r., B 1:37 PM, Brian Garner <bgarner(@avon.org> HanHcan(a): OK, it'll have to be Tuesday, December 15t. Does that work for you? Thanks Brian Garner <image001.jpg> Town Planner Town of Avon, Colorado 970.748.4023 Avon.ora A Avon caLnaxoo From: Motion Rent A Car [mailto: info(& motion rentalcars.com] Sent: Monday, November 02, 2015 1:36 PM To: Brian Garner Subject: Re: Town of Avon - Land Use Application Hi Brian, On November 17 1 will be in Denver all day, any other day and time will work. 2 HOA6. 2015 r., B 1:15 PM, Brian Garner <bgarnerC@avon.org> HanHcan(a): Thanks for the responses. Does November 17 at S:OOpm work for you for the Planning Commission hearing for your Special Review Use application? Please confirm. Also, let me know when you're at the shop location on Metcalf and I'll swing by and introduce myself. Thanks! Brian Garner <image001.jpg> Town Planner Town of Avon, Colorado 970.748.4023 Avon.org <imageo03.jPg> From: Motion Rent A Car [mai Ito: infoolmotionrentalcars.com] Sent: Monday, November 02, 2015 12:17 PM To: Brian Garner Subject: Re: Town of Avon - Land Use Application Hi Brian, This garage will be used for car rentals and sales. Not for Black Diamond. I have 2 assigned parking spaces outside as well as 6 cars will be parked inside of the garage. There is approximately 40 parking spots total belonging to this building. I will have one employee besides myself. Vehicles will be detailed inside of the garage and maintained and the dealerships. We will be open from Monday through Sunday from 9 AM till 10 PM. If you have further questions please feel free to email me or call 970-376-4885. Thank you. Mad. 29 oKT. 2015 r., B 3:41 PM, Brian Garner <bgarner(@avon.org> Hanmcan(a): Hello Vladimir, My name is Brian and I'm going to help you with the application you submitted for Motion Autohaus, LLC at 281 Metcalf Rd. Right now, I have just a few questions to help complete the application so we can look to schedule you for a public hearing with the Planning Commission. 1. Is the use for car rental, car sales, or both? 2. WIII this location be used for Black Diamond as well? 3. How many vehicles will be on the site and where will they be stored? Inside, outside? 4. How much parking is on the site and how many spaces would be assigned to you? 5. How many employees will you have? 6. Where will the vehicles be cleaned and maintained? 7. What will be the hours of operation? If there is anything else you can tell me, that would be helpful. Thanks and I look forward to meeting you and helping you! Brian Brian Garner <image006.jpg> Town Planner Town of Avon, Colorado 970.748.4023 Avon.org <imageo04.jPg> r TT - J From: Mike Brumbauah To: Brian Garner Subject: Re: Town of Avon - Land Use Application at Metcalf Commercial Park Date: Tuesday, November 17, 2015 12:39:55 PM Thanks for the notice, Brian I would personally be against this simply because I don't feel like those units can really support retail activities. 6 rental cars would more than likely mean 6 customer cars and that parking lot is already a complete cluster. I own 2 units there and rent a third and I am certainly part of the cluster problem but fortunately we communicate pretty closely with our neighbors to mitigate the headaches. If you throw a retail mix in, I cannot see anything other than good potential for problems. Just my two cents but thanks again for the proactive email. Mike Brumbaugh Venture Sports Cell 970-390-4317 Avon 970-949-1318 Bachelor Gulch 970-845-2425 Vail Base Camp 970-477-8095 Tune Kitchen 970-949-0728 On Nov 17, 2015, at 9:58 AM, Brian Garner <bgamergavon.org> wrote: Hi All, This communication is to make you aware of an application for a use in the Metcalf Commercial Park that may or may not impact you and to provide you with an opportunity to comment. The Applicant, Vladimir Goregliad representing Motion Autohaus, LLC, is proposed to be located within Unit 107 and would sell and rent higher -end automobiles. The garage unit would contain up to six automobiles and two parking spaces are designated for Unit 107 outside. The zoning of the Metcalf Commercial Park is Light Industrial Commercial (IC) and the proposed use is not by - right and requires approval of a Special Review Use permit which is why you're receiving this notice. The Application will be considered by the Town's Planning Commission at an upcoming meeting and details are provided below. You have the following options to provide comments — support or concern- on this application: 1. Send me an email or call me to discuss 2. A public hearing will be held with the Planning Commission on Tuesday, December 1St at 5:00pm at which you may attend and provide comments. Feel welcome to contact me with any questions. Thanks! Brian Garner <image002.jpg> Town Planner Town of Avon, Colorado 970.748.4023 Avon.org <imageo04.jpg>