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PZC Packet 12-01-2009 (2)Town of Avon Planning & Zoning Commission Meeting Agenda for December 1, 2009 VON Avon Town Council Chambers Meetings are open to the public Avon Municipal Building / One Lake Street C O L O R A D O REGULAR WORK SESSION (5:00pm — 5:30pm) Discussion of Regular Meeting agenda items. Open to the public REGULAR MEETING (5:30pm) I. Call to Order II. Roll Call III. Additions and Amendments to the Agenda IV. Conflicts of Interest V. Consent Agenda • Approval of the November 17, 2009 Meeting Minutes ZONING VI. Airpark Auto Special Review Use Property Location: Lot 4, Block 1, Benchmark at Beaver Creek Subdivision Applicants: Paul Bartsch & Trish Shultheis, Airpark Auto & Truck Owners: Bruce and Chuck Allen Description: A Special Review Use (SRU) Permit request to operate a vehicle service and repair facility on Nottingham Road. DESIGN REVIEW VII. Heat Recovery Project Property Location: Tract N and Tract H, Benchmark at Beaver Creek Subdivision Applicant. Mark Donaldson, Victor Mark Donaldson Architects Owners: Eagle River Water and Sanitation Dist, Town of Avon Description: The applicant is requesting approval for the design of two separate accessory structures, each necessitated by the construction of the heat recovery project, which is slated for construction in 2010. VIII. Other Business 2010 Capital Improvements Project Update - Justin Hildreth, Town Engineer IX. Adjourn Posted on November 25, 2009 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • Avon Public Library • On the Internet at htto://www.avon.ora / Please call (970) 748.4030 for directions Town of Avon Planning & Zoning Commission Meeting Minutes for November 17, 2009 VO N Avon Town Council Chambers Meetings are open to the public Avon Municipal Building / One Lake Street C 0 4 0 R A D 0 REGULAR WORK SESSION (5:OOpm — 5:30pm) Discussion of Regular Meeting agenda items. Open to the public REGULAR MEETING (5:30pm) Call to Order The meeting was called to order at approximately 5:30 pm. II. Roll Call All Commissioners were present. III. Additions and Amendments to the Agenda There were no additions or amendments to the agenda. IV. Conflicts of Interest There were no conflicts of interest to disclose. V. Consent Agenda • Approval of the November 3, 2009 Meeting Minutes Action: Commissioner Struve moved to approve the consent agenda, as amended. Commissioner Roubos seconded the motion and it passed 5-0, with commissioners Green and Lane abstained due to their absence from the previous meeting. ZONING Vl. Agave Setback Variance Property Location: Lot 3, Block 3, Benchmark at Beaver Creek Subdivision / 1060 W. Beaver Creek Boulevard Applicant: Richard Wheelock / Owner: Vail Tenure LLC Description: A variance request to construct an enclosed storage shed within the 10 foot rear lot setback and easement. The shed would be approximately 90 feet in length and encroach 8 feet into the setback. Discussion: Jared Barnes highlighted the Variance request, which includes the construction of an enclosure within the 10' setback and easement. The "lot setback" definition was read to the Commission. Jared presented information regarding other variances granted in Town, and, more specifically, in the immediate vicinity of the subject property. The only variance from a zoning standard in the area was for a garage structure to be located within the setback at Bridgewater Terrace. Jared clarified the intent of the language in the report with regard to the potential impacts to the health, safety, and welfare of residents. After discussions with the Building Official related to this review criteria, it was determined that this would not create an undue impact on health, safety, or welfare; rather, the encroachment could impact the way in which occupants of the building exit or enter the back of the building. Commissioner Green questioned if letters of utility signoff had been requested by staff. Staff responded that staff requires letters from all utilities that could be impacted. Green questioned if the Variance was for the entire length of the tenant's space. Jared deferred to the applicant fora detailed explanation of the request. Commissioner Struve asked if the improvements were not located "on the ground" whether or not it would require a variance. Jared responded that, yes, it would still require variance approval because the setback and easement are three-dimensional and the proposed addition is not located on the approved PUD development plan. Commissioner Roubos asked if the easement and setback were one of the same. Matthew Gennett responded that they are different, but encompass the same physical space. Commissioner Prince questioned if the encroachment would be further than the other structures in the photos attached to the staff report. Richard Wheelock responded that it would be about one foot further out than what is shown in the provided photographs. For the record, it was clarified that this item was noticed and no written comments were received by staff. Richard Wheelock presented the history of the property, and the necessity for mechanical equipment immediately adjacent to kitchen space of his unit. Richard explained how the north side of the property is always icy and there is a true danger for falling snow and ice off of that portion of the building. During the winter months most of the tables and chairs are moved outside to convert the indoor space into a nightclub. At the end of the night all of the items are moved back inside. After discussions with Carol Mulson, Deputy Fire Chief, it was determined that bringing tables and chairs outside and covering them was not safe because it causes a life -safety issue and fire hazard. It was determined that the items would either need to be moved somewhere else inside, or a fire rated structure would need to be constructed to house the furniture. Since moving items around inside did not provide a safe option, or allow for enough room, the latter was preferred. Richard questioned whether or not this would be a "special privilege", in light of the garage structure that was approved in a setback at Bridgewater Terrace. He explained that there are a lot of non -conforming structures in the area of the proposed variance and he would like to "clean up" the area and bring it all into conformance at this time. Richard continued by reviewing other options for re -locating these items: outside on the highway 6 side, or other places inside the unit. The highway 6 side would not work for obvious reasons, and the ability to stack tables and chairs on the inside is hampered because of the resultant instability of such stacks. The applicant went over the two consent letters from utility companies that have been received, and stated that others are still pending. The safety issue was revisited, and Richard explained that the Fire District and Building Departments are actually more in favor of the proposed structure as a solution to continuing with his business. Commissioner Roubos asked whether or not walls were being proposed. Richard explained that it is a shed roof with walls. Half of the area is a storage area and the other half is simply to cover the equipment that already exists. Richard explained that the area would be fully accessible for exiting and access. The Commission asked if other utility companies would need to sign off on this proposal and staff responded in the affirmative. Richard stated that Excel was o.k. so long as Richard would pay for any future movements of utilities, if required. He also stated that the water district said the same thing. Holy Cross visited the site and noticed the adjacent landscaping and stated that in the future they would likely relocate their utility to another location if possible. Commissioner Green questioned how much had to be moved in and out each night. Richard responded that approximately 80 chairs, 20 tables, and some booths are moved for each event. Commissioner Prince again questioned the requirement to cover the furniture imposed by the fire department. Richard said that it must be a dry -walled structure with at least a 1 hour rating. The Public hearing was opened and closed with no public comment. Commissioner Prince began the deliberations by talking about the safety issues raised by staff. He felt that this was actually a safer solution that the existing conditions, and is more open to the request than when he first read staffs report. Commissioner Green stated that he sees the application as a black -and -white issue and is not in favor of the variance given the fact that a similar situation would likely not gain approval in a residential setting. Commissioner Anderson said the variance would be generally a better benefit, and any utility company could come and remove all or portions of the improvements at a later time. He felt that this is not a good practice and could be used against the Commission as a precedent by others in the vicinity with new construction. Commissioner Green went on to say the diagram proposed by the applicant did not accurately depict the entire story and is not as simple as represented by the applicant. He considers this as more than just a land -use issue; it is also a safety issue with respect to responding to the Fire District's request to provide access behind the building. These would be code required fire assemblies and this would be a safety issue. Additionally, this would be a protective canopy to keep items from injuring people from objects falling from the roof. Commissioner Green was still unsure how all of the storage and exiting would work based on the information presented. He explained that there is insufficient information to act on the request, based on the operationalluse basis before saying yes or no to the request. Commissioner Struve recognized the safety issues that are present, and would like to support the use; however, he requested additional information before he can make an opinion one way or another. Commissioner Roubos expressed her original lack of support for the request, but after hearing the merits of the proposal from the applicant, she was more in favor. Additional information on how the structure will look would be helpful to know exactly what the variance approval would accomplish. Letters from the Fire District and neighboring properties would be extremely helpful in her opinion. The Chairman, Todd Goulding, highlighted the 4 criteria for granting a variance and went over the required findings for any variance request. He explained that variances are to be issued only when a clear hardship is demonstrated by an applicant. He did not see a hardship because of the setback. If the request was for a 3' encroachment to protect utilities, etc he might see the hardship. The degree to which the variance was being requested was the issue at hand and setbacks were there for a reason. Mr. Goulding said that the neighboring property owners all must adhere to the same rear setback requirement and this variance could negatively impact other properties and their ability to improve their properties. Action: Commissioner Struve moved to table the request in order for further details and to give the applicant a chance to respond to concerns of the commission that will take into account issues heard at the meeting. The vote was seconded by Commissioner Roubos. The vote passed with a 4-3 vote. DESIGN REVIEW VII. Wildstar Single-family Residences Applicant: Jeffrey Manley, Martin Manley Architects/ Owner. • Wildavon Enterprises, LLC Description: A sketch design proposal to build phase I of the Wildstar development, which will include three (3) single-family homes with a shared driveway off Wildwood Road. Each dwelling unit would measure approximately 2,200 square feet. Discussion: Matt Pielsticker briefly discussed the history of the project. He also discussed the proposal and its phasing. Commission dialogue then ensued at the chamber conference table while discussing the proposed sketch design. Commissioner Green commented on property lines, phasing, and the need for more differentiation. Commissioner Anderson stated that visual differentiation among the homes will be important. He also commented on the proposed landscaping and grading. Commissioner Lane questioned the appearance of the proposed elevations and their apparent lack of visual, architectural interest. Commissioner Prince stated that he likes the project. Although, he also stated he would like to see the colors modified, due to distinct similarities with other projects in town. Commissioner Struve commented on the viability of single-family homes. As this is a Sketch Design application, no formal action is required. VIII. Other Business • Review of Public Works CIP at next meeting • Trails Committee • Potential Public Benefits • Mike Farr's Solar Panels IX. Adjourn The meeting was adjourned at approximately 7:30pm. Approved on December 1, 2009: W. Todd Goulding Chairperson Phil Struve Secretary Staff Report AVON MINOR QESIGN C O C O R A b 0 December 1, 2009 Planning & Zoning Commission meeting Report date November 24, 2009 Project type Accessory Structures Legal description Tract N, Block 3, & Tract G, Block 2, Benchmark at Beaver Creek Subdivision Zoning GPEH (Tract N), OLD (Tract G) Introduction The applicant, Mark Donaldson, is requesting approval for the design of two separate accessory structures. Each structure is necessitated by the heat recovery project, which is scheduled for construction in 2010. Please see the attached architectural drawings for details of the proposal. The following is a summary of each building: Tract N — Water District Heat Pumo The location of this structure has been carefully studied for placement due to vertical elevation as well as direct connectivity to the target snow melt and pool water heating areas within the Town. The 18' x 38' building is situated at the east end of the water district's property immediately adjacent to and parallel with the chain link fence bordering the Union Pacific property. The building design mimics other utility buildings on the property, such as the recently constructed UV building. The green metal roof, eaves, siding doors/frames and building colors are requested to match the other utility sheds on site. Tract G — Rec Center Snowmelt Buildinq This structure is located on the east side of the recreation center between the new parking lot and the building. The building footprint measures 28' x 62', and the structure is approximately 14' tall with a flat roof. The materials and colors are consistent with those found on the existing recreation building. All of the heat exchange equipment and new boiler system will be located entirely within this structure. Attached to this report are design drawings from the applicant. Staff will provide full size sets at the meeting for your review. Design Review Considerations According to the Town of Avon Residential. Commercial, and Industrial Desion Review Guidelines, Section 7, the Commission shall consider the following items when reviewing the design of this project: Town of Avon Community Development (970) 74&4030 Fax (970) 949-5749 Tracts H & G, Benchmark at Beaver Creek Subdivision — Heat Recovery Project December I, 2009 Planning & Zoning Commission meeting Page 2 of R N 1. The conformance with setbacks, massing, access, land use and other provisions of the Town of Avon Zonino Code. The Heat Pump building is located within the 7.5' side yard setback; however, Title 17.04.060 Exemption for Certain Services, exempts this application from the Zoning Code provisions. Services exempted from application of the Zoning Code include the normal maintenance by public utilities, special districts or municipal departments of underground, surface or overhead water, sewer, transmission, collection systems including mains, drains, sewers, pipes, etc. This application is in conformance with all other provisions of the Zoning Code. 2. The general conformance with Goals and Policies of the Town of Avon Comprehensive Plan, and anv sub -area Dian which pertains. The proposal complies with the Goals and Policies contained within the Environmental element of the Town of Avon Comprehensive Plan. 3. Whether adequate development rights exist for the proposed improvements. Not applicable. 4. The Minor Project is in general conformance with Sub -Sections A through D of the Residential, Commercial, and Industrial Desion Guidelines. These improvements should be measured against the Commercial and Industrial Guidelines, which govern the design of accessory structures in the Town Core area. The Guidelines are general in nature and°require that "any accessory structures on the building site shall be compatible with the design and materials utilized for the main building structure." Further, permits for such buildings may be issued by the Community Development department as a minor modification/minor project without review. Given the high visibility of these improvements from public rights-of-way, Staff felt that this review would be more appropriate at the Commission. The proposed building materials and colors are consistent with those found on the adjacent structures. The Guidelines encourage the use of high quality, durable, low maintenance building materials for industrial/commercial settings. According to the submitted drawings, all colors, trims, roof, CMU block, and exterior materials are to match the existing recreation center. In all instances, concrete block will only be permitted with specific approval of the Commission 5. The compatibility of proposed improvements with site topography, to minimize site disturbance, orient with slope, step building with slope, and minimize benching or other significant alteration of existing topography. The locations of the improvements have been strategically placed in order to avoid disruptions in the current usage of each property. There are no significant alterations to the existing topography to facilitate the construction of these essential buildings. Town of Avon Community Development (970) 7484030 Fax (970) 949.5749 Tracts H & G, Benchmark at Beaver Creek Subdivision — Heat Recovery Project �rJ! December I, 2009 Planning & Zoning Commission meeting Page 3 of4 6. The appearance of proposed improvements as viewed from adjacent and neighboring properties and public ways, with respect to architectural style, massing, height, orientation to street, quality of materials, and colors. The appearance of the proposed improvements should not have any detrimental effects to those viewing from adjacent and neighboring properties. 7. The objective that no improvement be so similar or dissimilar to others in the vicinity that monetary or aesthetic values will be impaired. The improvements should not be so similar or dissimilar as to impede monetary or aesthetic values. 8. The general conformance of the proposed improvements with the adopted Goals, Policies and Programs for the Town of Avon. Staff finds general conformance with the Town of Avon's adopted Goals, Policies and Programs. Staff Recommendation Staff is recommending APPROVAL of the application. Recommended Motion "I move to APPROVE the proposed modifications on Tract H and Tract G, Benchmark at Beaver Creek Subdivision, citing the following findings of fact: 1. The project is in conformance with the Design Guidelines and the mandatory review criteria outlined therein. 2. In accordance with the Comprehensive Plan, this joint project will improve the energy efficiency of existing and future publicly planned improvements in the Town Center." If you have any questions regarding this project or any planning matter, please call me at 748-4413, or stop by the Community Development Department. Respectfully submitted, Matt Pielsticker Planner II Attachments Vicinity Map Reduced Plans Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Tracts H & G, Benchmark at Beaver Creek Subdivision — Heat Recovery Project December 1, 2009 Planning & Zoning Commission ntectine PqNW Page 4of4 AVON Town of Avon Community Development (97D) 748-4030 Fax (970) 949-5749 Q t� O Q f Z Z i U r ul J ;. U n i J �o cry' Sr5 ��rlr��r�u�itr J C pz'z J i 1 3p� z O rim a ' Z WX � 1 > � d C ` 1 � ix �o \ t 21A' "�•Y - ( Cr' t Sgt LL � t� '•, \ l J/1 � %� i :',' ' / / _ r ;.�(;� y W mow+,, � I I �; ,• "\ _ _ /Ivy, % / //' ,///."l )1 -� . �I;� l � �� , uhy' r- 15) um ! l E W W 2 % -' Y Y Y. S 4 W & y+ t •J;' IS• �� 'J ,'/'';'''/i' W��'S lu Y Z O �k zz II *'vH av CL 3 1 , 0 C 9- C C' C G i Ct G a m jW z° 00 �ZZ w t g " 6 � x z 0 14 v i uZ u< ti 3 a 4 4pW 'a << zk < W $5 J OO (- W Y � Pyy1� oy1 W(r� Pyy�1 Wy� 0Oy�nr O1yJ� l oyn1 � Oyyrj1 y� Oyy�I OWy� y Wy�1 u� OyV�1. 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'�bbb 'hN _ l �q•� WZ m 0 N � fir♦ ' `\ �`�AM laN o m u u o n I _---- / 1 m3 H �h" ' i..�'f •y, •N It ` �.— ii" � M M 1 � ' ... 1 � W' m h 00 C .. ___"`CCC / }1.� ��Pp�Q `n ;•\' , •\. . , _�� __ -� �a `�I \ W ._ _ _ I _ ,b ^! �'K d \ 3 a APpItO%, ati I ''BAnar _ g ' l `b) '}Y 17 PVC [!#t11t11tii11itLi111il��illiittlIiliI9I6 •o' `" 3m. �,.1ll.'1a iA/tlL.> lilrrls.ai�' 's�01 x:...21 X1111 1tti11b:1ltiEiltFli�111I11i3t1 C r , .•A- 6 8+)cam g _ 'M 7y } • �� R I ! I z "�i•-�yK"r•', y �5•''�y�'.C`'O �. ` d 3•, _ ` -� 5 I I' it WZ Staff Report moi' SPECIAL REVIEW USE 1 11 c 0 L 0 R A D 0 December 1, 2009 Planning & Zoning Commission meeting Report date November 23, 2009 Project type Special Review Use (SRU) Permit Legal description Lot 4, Block 1, Benchmark at Beaver Creek Subdivision Zoning Neighborhood Commercial (NC) Introduction The applicants, Paul Bartsch & Trish Shultheis, are requesting a Special Review Use (SRU) Permit to operate an automobile service and repair facility. The business would be an extension of their current business, Airpark Auto and Truck, Inc., which currently operates out of Gypsum. This application is use specific and contemplates some minor improvements to the site and building; therefore, Staff would like to focus this review exclusively on the appropriateness of the use and review minor design modifications with a separate design review application. The subject property is approximately .70 acres and is located on the south side of Nottingham Road. The existing building includes 6 service bays and a caretakers unit above the office. The property formerly operated as Golden Eagle Auto as an approved SRU for automobile maintenance and oil and lube. According to the Town records the property was both inactive and in violation (storage of junk vehicles) since November 2005. Consequently, the previously approved SRU is no longer valid. The property is zoned Neighborhood Commercial (NC), which according to the purpose statement for that zone is intended to "provide sites for commercial facilities and services for the principal benefit of residents of the community and also to highway - oriented convenience commercial needs." Because the proposed land use in not included in the list of Allowed Uses (Exhibit B), the applicant is requesting a SRU under the category of "Automobile service station and repair," which is a Special Review Use permitted in this Zone District. This application is a noticed public hearing with written notice provided to property owners within 300' of the subject property. There was one letter of objection received by staff and this letter is attached to this report as Exhibit D. Criteria for Review According to section 17.48.040 of the Avon Municioal Code, the Planning & Zoning Commission shall consider the following criteria when evaluating an application for a Special Review Use permit: Town of Avon Community Development (970) 9494280 Fax (970) 949-5749 Lot 4, Block I, Benchmark at Beaver Creek December 1, 2009 Planning & Zoning Commission meeting Page 2 of 5 1. Whether the proposed use otherwise complies with all requirements imposed by the zoning code. The NC zone permits "Automobile service station and repair" through an approved SRU process. There will be oil and lube service available, as well as general "light" automobile repairs. According to the applicant all heavy and/or lengthy repairs will take place in their current Gypsum facility. Below is the current definition of automobile service station and repair: "17.08.080 Automobile service station and repair. "Automobile service station and repair' means any premises where gasoline and/or other petroleum products are sold and/or light maintenance activities such as engine tune-ups, lubrication and minor repairs are conducted; but shall not include premises where heavv automobile maintenance activities such as enoine overhauls. tire recaooino. and bodv reoaintino or repair are conducted. (Ord. 91-10 §1(part))." Pursuant to this definition, Staff recommends conditioning the approval of this use permit such that "heavy" automobile maintenance will be strictly prohibited on the property. The property may need to be brought into conformance with the Dark Sky Ordinance. The applicant has committed to addressing all building code and lighting issues no later than January 2010. Minor landscaping and building improvements (limited to painting), would take place in the spring of 2010. 2. Whether the proposed use is in conformance with the Town Comprehensive Plan. The areas within the Comprehensive Plan that offer policy direction relative to the proposed land use are the Future Land Use Plan, the District #13 special area policies, and the General Goals and Policies of the Plan. The Future Land Use Map designates the property as Neighborhood Commercial. The definition of Neighborhood Commercial is slightly different than the zoning definition of neighborhood commercial in terms of preferred land uses. The Comprehensive Plan appears to be more descriptive in the intended uses that include "neighborhood focused retail and services (such as markets, childcare, restaurants, and cafe's) that are conveniently located and connected to surrounding residential uses." Based on these uses, the application is inconsistent in terms of land use and intensity. However, the building is suited exclusively for automotive repair and service uses and these uses appear to be appropriate for the building at this time The subject property is located within District 13: Nottingham Road Commercial District (Exhibit C). These special area policies don't address this type of land use other than to state that uses "should not compete with the Town Center in terms of size of buildings or intensity of development." This proposed use should not have any detrimental effect on the Town Center district. The planning principles outlined in District 13 should be considered with this review, including the following: Town of Avon Community Development (970) 7484030 Fax (970) 949-5749 Lot 4, Block 1, Benchmark at Beaver Creek December 1, 2009 Planning & Zoning Commission meeting Page 3 of 5 • Require landscape setbacks and internal landscaping of parking lots • Screen all equipment and storage areas from view • Limit access points on Nottingham Road to simplify traffic movements 3. Whether the proposed use is compatible with adjacent uses. Such compatibility may be expressed in appearance, architectural scale and features, site design and the control of any adverse impacts including noise, dust, odor, lighting, traffic, safety, etc. Compatibility with existing and planned adjacent residential properties is Staffs primary consideration with this land use application. The site design, which remains largely unchanged, and the appearance of these improvements should be taken into account. While the appearance of the property is of utmost importance to the successfulness of this permit, the focus of this review is on the automobile service use and any design review would be forwarded to a future application. Part of this application contemplates a potential for public classes on site (i.e. how to change a flat tire). Due to the lack of information on this aspect of the business operation, Staff would defer any review of educational use to a future date if the applicant deems this use feasible on the property. The proposed automotive repair use is a relatively intensive land use, and its impacts must be carefully reviewed. The existing residential uses several hundred feet to the west and planned residential uses to the north coupled with the proximity to the Buck Creek drainage makes this a unique location for any land -use. The interstate highway and the appearance of the property from both the interstate and Nottingham Road must be taken into consideration. Understanding that the building is designed for a single purpose - automobile repair, and the site has historically been used for automobile repair, it is difficult to anticipate any other land -use being proposed that would not require the demolition of the existing structure. As with any service use, the control of adverse impacts such as light and noise should be considered. The applicant proposes to limit the business to repairs and oil changes from 8am — 6pm Monday — Friday. There would be oil changes and light repair work on Saturdays from 9am — 2pm. Any changes to the hours of operation or intensity of use would require additional review and approval by the Planning Commission. 4. That the granting of the special review use requested provides evidence of substantial compliance withthe public purpose provisions, as outlined in Section 17.28.085 of the Avon Municipal Code: A. The application demonstrates a public purpose which the current zoning entitlements cannot achieve. B. Approval of the zoning application provides long term economic, cultural or social community benerits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights. Town of Avon Community Development (970) 7484030 Fax (970) 949.5749 Lot 4, Block 1, Benchmark at Beaver Creek December 1, 2009 Planning & Zoning Commission meeting Page 4 of 5 C. The flexibility afforded in approval of the zoning application will result in better siting of the development, preserving valued environmental and cultural resources, and increasing the amount of public benefit consistent with the community master plan documents. It is difficult to find a clear public benefit with this application that the current entitlements cannot achieve. However, given that this specific use ("Automobile service station and repair) is contemplated and is enumerated as a permitted Special Review Use in the Zoning Code, Staff is of the opinion that this review criteria is not applicable since there is no proposed change to the zoning entitlements. Rather, this would be the employment of a specified land -use in the Zoning Code. Staff Recommendation Staff recommends CONDITIONAL APPROVAL of the proposed Special Review Use permit for vehicle service and light repair on Lot 4, Block 1, Benchmark at Beaver Creek Subdivision. Recommended Motion "I move to approve Resolution 09-16 thereby APPROVING the applicants request to operate a vehicle service and repair facility on Lot 4, Block 1, Benchmark at Beaver Creek Subdivision, with the following findings of fact: The mandatory review criteria have been considered, and the use is compatible with adjacent properties. 2. All Zoning Code requirements have been met with this proposal. Subject to the following conditions: 1. This permit is valid for a period of five (5) years, at which time the permit will be re -reviewed. 2. No "Junk" vehicles are permitted on the property, as defined by the Avon Municipal Code. 3. Vehicle repairs are limited to "light" vehicle repairs. "Heavy" automobile maintenance activities such as engine overhauls, tire recapping, and body repainting or repair are strictly prohibited. 4. The use can commence once the building improvements are installed and satisfactorily inspected by the Chief Building Official. 5. A separate Minor Design application will be submitted prior to the commencement of this use. The application will include all landscaping and building design improvements — including additional screening from Interstate 70 — as expressed in the Comprehensive Plan. All improvements will be complete no later than May, 2010. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 4, Block 1, Benchmark at Beaver Creek December 1, 2009 Planning & Zoning Commission meeting Page 5 of 5 6. No educational use is approved on the property. 7. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representatives in this application and in public hearings shall be adhered to and considered binding conditions of approval. If you have any questions regarding this or any other project or community development issue, please call me at 748-4009, or stop by the Community Development Department. Respectfully submitted, Matt Pie Icer Planner II Exhibits Exhibit A- Application Materials Exhibit B- Municipal Code Section 17.20.040 Exhibit C- Excerpt from Comp Plan - District 13: Nottingham Road Commercial District Exhibit D- Public Comment Exhibit E- Resolution 09-16 (draft) Lot 4 Flock 1 l AB(, Town of Avon Community Development (970) 7484030 Fax (970) 949-5749 Exhibit A Airpark Auto & Truck, Inc. PO Box 541 Eagle Colorado, 81631 195 Airpark Drive Gypsum, Colorado 81637 Tel: (970) 524-2886 Fax: (970) 524-2898 Proposed Construction Schedule for 147 Nottingham Road Avon, CO December 2009- Excavate for Gas Line January 2010 New propane gas line installed Gas line re -packed Construct landing inside of building from reception area to Bay area with appropriate stairs to meet code Ensure fire alarm and sprinklers are operational and meeting code Seal areas of stairwell that are open with drywall to meet Code Ensure bathroom facility is up to ADA code. Repair roof area where roof is leaking (around apartment front door) Check and repair existing boilers or design/build new heating system for building in the form of reusable/recyclable waste oil heat Correct any plumbing issues and tum on water Electric to be tested and turned on/ Lighting to be improved if needed. Miscellaneous Drywall and insulation repair to ceiling in bay Areas Outside lighting to meet Town of Avon Dark Sky Initiative Rules Small Enough To Know You and Large Enough To Serve You Airpark Auto & Truck, Inc. PO Box 541 Eagle Colorado, 81631 198 Airpark Drive Gypsum, Colorado 81637 Tel: (970) 524-2886 Fax: (970) 524-2898 January 15-30 20100pen for business January - Repairs and improvements to apartment to include February 2010 plumbing, heat, and smoke alarm tied in to building February 15-30 Apartment ready for tenant or school April — May 2010 Improvements to Landscaping Improvements to building exterior to include paint NOTES: Existing door from Mechanical room to reception room is currently a fire rated door. Apartment will be used for employee housing or school classroom and brought up to code for the purpose settled upon. If the school decides to participate in the building, we will offer the apartment as classroom space and 2-3 bays for student labs Hours of Operation: Monday —Friday 8 am — 6 pm Repairs and Oil Changes Saturday 9 am — 2 pm Oil Changes and light repair Classes for the public ('ie: How to change a flat tire) possible. If we offer these classes they would be on Saturday Smell Enough To Know You and Large Enough To Serve You 2 Airpark Auto & Truck, Inc. PO Box 541 Eagle Colorado, 81631 195 Airpark Drive Gypsum, Colorado 81637 Tel: (970) 524-2886 Number of Employees: 34 Mechanics 1-2 Service Writers 2 Owners 1 All Around Helper (parking cars, Fax: (970) 524-2898 picking up parts, washing cars, etc) Possible Tow Truck on site for emergency service First Aid Station on Site Handicap Accessible Building Exclusive installer of National Interlock System within 100 miles Major and/or lengthy repairs will be moved to our Gypsum location. There will be no cars left in disrepair on site. Our Gypsum location is in a commercial setting and we have well over an acre of available space. Site Pian Attached with existing and proposed improvements, traffic flow and proposed areas with type of use. Small Enough To Know You and Large Enough To Serve You SQL AS .v,4ltltilb Oho- =oR PAP' f INTERSrATE 70 r 117 t a CA2s WAmplAr FOR sEAv iCE y.... o R PicKu CAR N SAls Ott SCHOOL ! REPAIR • a` a/ �lYs 1 �� T � j - -- � -:.• - RepAla.. OIL C4bQAlG6 . , 9 �} l OIL e- A BAYS KDOW FI off"'foG K -�. wSToslF NO +J1 AQP A �' 1 CUSToMEQ r fib gCCeSs _ w KIDScAPi ogUa Y1�/H9 i11oN CUTIRP \/ I-Fm4TN OF t I' s ! ►h�Rt7n�416Vf ` _ y t _ _ 1 N J. "WOSCAPE - --_—_ - - - ()JUGIINAL vaii Mountaineer Get to Know Your Car This week's topic: Antifreeze Did you know that after 2 years on most normal cats and after 5 years on later model cats that the anti freeze actu- ally begins to break down?? At this point, the product that is meant to protect your engine actually becomes corrosive and can then harm your engine, radiator, and heater. Anti freeze needs to be flushed out and replaced! This is a simple process that can be done in less than an hour and will provide you with freeze protection for the winter months and during the summer protect your engine from a boil over. So the question now is .... do you know how old your anti freeze is? If you're not sure, visit us at Airpark Auto & Truck and we'll check it out for FREE. If YOU need a "flush" we'll do it for X99 (regular price $ 139.95) 10over Snow Tires 24 �� Bring your own tires AIRPARK Mount and Balanrie SNeiial AUTO & T R U C K (reg. $50 'on most cors and light trucks( Srm*UEnoag5 Ta.Yxow F"and inr� Sreoag1, To Sa , Aa 195 Airpark Drive • Gypsum, CO • 81637 • (970) 524 -AUTO (2886) A6S0l.UTEl.Y' coming to Airpark Auto and Truck. Purchase any service from AiTark including $99 cooling system service or buy 1 get I free oil changes and receive a Free Winter Safety Inspection. Call them for your appointment toda,y 524-2886. Exhibit B (6) Maximum density: seven and one-half (7.5) units per acre of buildable area for accessory units. The maximum residential floor area of the accessory units shall not exceed a 2:1 ratio of the commercial floor area. (Ord. 91-10§1(part)) 17.20.040 Neighborhood Commercial — NC. (a) Intention. The Neighborhood Commercial Zone District is intended to provide sites for commercial facilities and services for the principal benefit of residents of the community and also to highway -oriented convenience commercial needs. (b) Allowed uses. The following uses shall be permitted in the NC District: (1) Retail stores; (2) Professional offices; (3) Car wash; (4) Restaurants; (5) Accessory apartments, exclusive of the ground -level story; (6) Churches; (7) Additional uses determined to be similar to allowed uses in accordance with the intent of this zone district; (c) Special review uses. (1) Automobile service station and repair; (2) Commercial printing facility; (3) Aboveground public utility installations. (d) Development standards. (1) Minimum lot size: one-half (.5) acre; (2) Maximum building height: thirty-five (35) feet. (3) Minimum building setbacks: Front: twenty-five (25) feet; Side: seven and one-half (7.5) feet; Rear: ten (10) feet; (4) Maximum site coverage: fifty percent (50%); (5) Minimum landscape areas: twenty percent (20%); 17-35 Town District Planning Principles; Medium Priority Districts PqScreening Diagmm District 13: Nottingham Road Commercial District This area's proximity to the I-70/Avon Road Interchange establishes its importance to the Town's identity. Development and redevelopment that occurs here should reflect the standards in the Town Center, but should not compete with the Town Center in terms of size of buildings or intensity of development. Planning Principles: • Limit access points on Nottingham Road to simplify traffic movements. • Require landscape setbacks and internal landscaping of parking lots. • Screen all equipment and storage areas from view. • Limit building heights to that which is compatible with the existing surrounding development. • 'Development intensity and activity should diminish when traveling north on Buck Creek Road. Town of Avon Comprehensive Plan Page 93 Exhibit C A secondary commercial district. Exhibit D November 23, 2009 ATTN: Recording Secretary Planning and Zoning Commission Legal Description of Property: Lot 4, Block 1, Benchmark at Beaver Creek, 147 Nottingham Road To Whom It May Concern, This is a written statement regarding 147 Nottingham Road. We understand that the owners are proposing an automotive repair shop at this location. We object to the proposal as putting a automotive repair shop in this location will lower the property value of the residences that surround the area on Nottingham Road. I also believe there is a proposal out in PUD review for new Townhomes across the street from 147 Nottingham Road going up toward Mountain Star. This will lower the property values if the Townhomes are to be constructed in the near future. Sincerely, Steven and Marisa Engelhardt TOWN OF AVON ri PLANNING & ZONING COMMISSIONRESOLUTION NO. 09-16 C O L O R A D O A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT TO PERMIT AUTOMOBILE SERVICE AND LIGHT REPAIR USES ON LOT 4, BLOCK 1, BENCHMARK AT BEAVER CREEK \ SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO 1 WHEREAS, Paul Bartsch & Trish Shultheis, have requested a Special Review Use (SRU) Permit to operate a vehicle service and repair facility; and WHEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of Avon on December 1, 2009, pursuant to notices required by law, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed Special Review Use application; and WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered the following review considerations: A. Whether the proposed use otherwise complies with all requirements imposed by the zoning code, and B. Whether the proposed use is in conformance with the town comprehensive plan, and C. Whether the proposed use is compatible with adjacent uses. D. Whether the proposed use provides evidence of compliance with the Public Purpose provisions outlined in the Avon Municipal Code. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby conditionally approves a special review use permit to operate a vehicle service and repair facility; as stipulated in Title 17, of the Avon Municipal Code on Lot 4, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. WITH THE FOLLOWING FINDING: 1. The mandatory review criteria have been considered, and the use is compatible with adjacent properties. 2. All Zoning Code requirements have been met with this proposal. SUBJECT TO THE FOLLOWING CONDITIONS: 1. This permit is valid for a period of five (5) years, at which time the permit will be re -reviewed. 2. No "Junk" vehicles are permitted on the property, as defined by the Avon Municipal Code. 3. Vehicle repairs are limited to "light" vehicle repairs. "Heavy" automobile maintenance activities such as engine overhauls, tire recapping, and body repainting or repair are strictly prohibited. 4. The use can commence once the building improvements are installed and satisfactorily inspected by the Chief Building Official. 5. A separate Minor Design application will be submitted prior to the commencement of this use. The application will include all landscaping and building design improvements — including additional screening from Interstate 70 — as expressed in the Comprehensive Plan. All improvements will be complete no later than May, 2010. 6. No educational use is approved on the property. 7. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representatives in this application and in public hearings shall be adhered to and considered binding conditions of approval. Adopted this 1st Day of December, 2009 Signed: Date: Todd Goulding, Chairperson Attest: Date: Phil Struve, Secretary Memo To: Planning and Zoning Commission Thru: Larry Brooks, Town Manager Sally Vecchio; Assistant Town Manager/D(Aector of Community Development From: Justin Hildreth, P.E., Town Engineer (��UQ r J A4" r Jeffrey Schneider, P.E., Project Engineer Shane Pegram, P.E., Engineer II Date: November 24, 2009 Re: 2010 Capital Improvements Projects (CIP) Preview Summary: This memorandum is to preview of some of the Town of Avon Capital Improvement Projects scheduled for 2010 implementation. The Capital Projects Fund budgets were approved at the November 24, 2009 Town Council meeting, and some of the planned projects for 2010 have already been initiated. For example, the Community Heat Recovery project is beyond the 60 percent design stage, and the Nottingham Park Pavilion design is underway. The above -grade buildings associated with the Heat Recovery project and the Park Pavilion project will be brought before Planning and Zoning Commission for design review approval. Town Engineering Staff will present a brief powerpoint presentation to supplement this memorandum. Discussion: The following is a look -ahead to the 2010 Capital Improvement Projects: 2010—Onaoinp and Upcoming Proiects Heat Recovery Project: The Community Heat Recovery project is currently being designed for construction commencing spring of 2010. The project is a collaboration with Eagle River Water and Sanitation District and is partially funded with a grant from the Governor's Energy Office (GEO). The design is over 60 percent completed, with final building locations determined. Two buildings will be constructed as part of this project; one located at the Avon Wastewater Treatment Facility and one adjacent to the Recreation Center in the east parking lot. The town is recently in receipt of a crossing agreement from Union Pacific Railroad (UPRR) for construction of the heat recovery bop piping beneath the railroad tracks. The 2009 design budget is $740,000 and the 2010 construction budget is approximately $3.8 million. Fleet Maintenance Building Photovoltaic System: Notice of grant application approval or denial is expected shortly from the Colorado GEO. Eagle County and Holy Cross funding will be applied for upon notice of approval from the GEO. This project will be constructed in 2010 if notice of approval is received. $675,000 is proposed in the 2010 Grant Funded Projects budget, meaning that the budget appropriation is contingent on receipt of the grant funding. • Recreation Center Improvements: Following the repairs and modifications to the Recreation Center's internal vapor barrier in 2009, two significant improvements are scheduled for 2010. The deteriorating Concrete Masonry Unit on the building exterior will be repaired, and the metal roof will be replaced. The project budgets for these projects are $125,000 and $400,000, respectively, for 2010. 2010 Capital Improvement Projects Preview November 24, 2009 Page 2 of 2 • 2010 Street Improvements: The 2010 Street Improvements will likely include paving the west parking lot, paving the Police Station parking/street area, and replacing guardrail as needed throughout Avon. The project budget for 2010 is $200,000. 2010 Park Improvements: The 2010 Park Improvements will include installation of new rules and monument signage on all Town of Avon parks, and replacing asphalt paths as the budget allows. The signage will match the Town Center West style in place at Avon Station and Lake Street. Asphalt path replacement will be prioritized considering existing path condition and budgetary constraints. Approximately $100,000 is carried over from 2009 for implementation of this item in 2010. • Metcalf Gulch Drainage Improvements: The design, including obtaining U.S. Army Corps of Engineers permitting for the drainage work, will be completed in 2010. The project also involves widening the roadway surface to include a delineated bicycle climbing lane. The project budget for 2010 includes $75,000 for permitting and design. • Nottingham take Fishing Pier: A fishing pier will be installed on Nottingham Lake for use by the public, including disabled individuals. The pier is partially funded by a grant awarded by the Department of Wildlife's Fishing is Fun program in 2008 and 2009. Some associated access improvements will also be performed to integrate the pier with existing park infrastructure. The project budget is $200,000. Nottingham Park Pavilion: The design for a performing arts pavilion adjacent to the Municipal Building and the soccer field was awarded to Vail Architecture Group, Inc. (VAg) at the November 10, 2009 meeting. A committee has been formed to determine the programming needs for the structure and whether or not an appropriate venue can be constructed within the budgetary constraints. Construction is anticipated for Summer of 2010. The total project budget is $200,000, comprised of $20,000 in 2009 and $180,000 in 2010. • Page 2