PZC Res. No 04-01TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 04-01
A RESOLUTION APPROVING A PARKING VARIANCE FOR
NARAYAN'S THAI ON LOT 20, BLOCK 2, BENCHMARK AT
BEAVER CREEK SUBDIVISION, UNITS 101 & 202 BENCHMARK
PLAZA, TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Sanjay Manandhar has applied for a parking variance in order to operate
lunch service on Lot 20, Block 2, Benchmark at Beaver Creek Subdivision, Units 101
& 202 of Benchmark Plaza as described in the application dated December 8, 2003 as
stipulated in Title 17, of the Avon Municipal Code; and
WHEREAS, a public hearing has been held by the Planning & Zoning Commission of
the Town of Avon, 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 Variance application; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered
the following:
A. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity; and
B. The degree to which relief from the strict or literal interpretation and
enforcements of a specified regulations is necessary to achieve compatibility
and uniformity of treatment among sites in the vicinity or to attain the
objectives of this title without grant of special privilege; and
C. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public
safety; and
D. Such other factors and criteria as the Commission deems applicable to the
proposed Variance.
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of
the Town of Avon, Colorado hereby approves a Variance for Narayan's Thai, Lot 20,
Block 2, Benchmark at Beaver Creek, Units 101 & 202 of Benchmark Plaza as
described in the application dated December 8, 2003 as stipulated in Title 17, of the
Avon Municipal Code; and based upon the following findings:
F \Planning & Zoning Commission\Resoluto,ns\2004\Res 04-01 L20 B2 BMBC Narayan's Thai Variance doc
1. That the granting of the Variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same district;
and
2. That the granting of the Variance will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the
vicinity; and
3. That the Variance is warranted for one or more of the following reasons; and
a. The strict literal, interpretation and enforcement of the specified regulation
would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of this title,
b. There are exceptional or extraordinary circumstances or conditions
applicable to the site of the Variance that do not apply generally to other
properties in that same zone.
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners
of other properties in the same district.
This application is anvroved with the followin>7 conditions:
1. The variance is for a one-year period, subject to review and renewal for a longer term
by the Planning and Zoning Commission on January 6, 2005.
2. The variance is specifically granted for the Narayan's Thai restaurant only. Any
changes to the lunch service or a change in ownership without specifically seeking a
formal approval from the Town of Avon will cause the variance to be void.
3. Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in public
hearing(s) shall be adhered to and considered binding conditions of approval.
ADOPTED THIS 6th DAY OFJanuary 6, 2004
Signed:
��Date:
Chris Evans, Chair
Attest:
Date:
Terry Smith, Secretary
I'MIannmg & Zoning Commission%Resolutmns\20o4\Res 04-01 L20 B2 BMBC Narayan's "I'hai Variance doe
TOWN OF AVON
PLANNING & ZCONNING COMMISSION
RESOLUTION NO. 04-02
A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT
TO OPERATE DRIVE-THRU BANKING FACILITIES LOCATED
ON LOT 6, MCGRADY ACRES, TO WN OF AVON, EAGLE
COUNTY, COLORADO
j� T HEREAS; Endinburgh Corporation, has applied for a special review use permit to
11
�( �( establish a drive-thru banking facility, as described in the application datcd October
31, 2003, as stipulated in Title 17, of the Avon Municipal Code; and
HEREAS, a public hearing has been held by th,: Planning !& Zoning Commission or
the Town of Avon, pursuant to fiotices requ' iredi by law, at_which time the applicant and
the public were given an opportuanity to express their opinions and present certain
infonnation and reports regarding the proposed Special Review Use permit
application; and
WHEREAS, the Planning & Zoning Corarnissic!, of the Town of Avon has considered
the following:
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.
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of
the Town of Avon, Colorado, hereby approves a Special Review Use for three (3) drive-
thru banking lanes, as stipulated in Title 17, of the Avon Municipal Code for Lot 6,
McGrady Acres Subdivision, Town of Avon, Eagle County, Colorado, based upon the
following findings:
That the proposed use otherwise complies with all requirements imposed by the
zoning code.
2. That the proposed use is in conformance with the Town Comprehensive Plan,
3. The proposed use is compatible with adjacent uses.
Subject to the following conditions:
1. A revised site and circulation plan will be required at design review which addressee
all of the design criteria for vehicular, pedestrian, and parking as set forth by the
Town;
2. Specific attention to the Eagle River and the impact on the adjacent neighborhoods
will be required through the design review process;
3. A three lane intersection will be required at Post Boulevard and the access easemeni to
Lot 6, McGrady Acres Subdivision,
4. Future restrictions may be placed on the turning movements from the entrance to Lo:
6, McGrady Acres Subdivision to accommodate future development.
5. In the event Mesa Bank does not commence construction on or before January 6, 2006,
then this special review use shall expire.
6. Except as otherwise modified by this permit approval; all material representations
made by the applicant or applicant representative(s) in this application and in public
hearing(s) shall be adhered to and considered binding conditions of approval.
ADOPTED THIS 6" DAY OF JANUARY. 2004
'
(D -&iY7el�,
, Chairman
Attest:
Secretary
Date:
Date
it&to'4
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 04-03
SERIES OF 2004
A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF
AVON APPROVAL OF A PUD DEVELOPMENT PLAN FOR LOT 61, BLOCK 2,
BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, the Applicant, IDG3 LLC has applied for approval of the Lot 61 PUD
Development Plan for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision; and
WHEREAS, after notices required by law, a public hearing on said application was held by
the Planning & Zoning Commission of the Town of Avon; and
WHEREAS, said application is consistent with all legal requirements.
NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission hereby
recommends approval to the Town Council of the Town of Avon for the Lot 61 PUD
Development Plan dated January 2, 2003 with the following conditions:
1. The new Benchmark Road alignment (50'0" Benchmark Court Right -of Way) must be
conveyed by subdivision plat prior to approval of the Lot 61 PUD Development Plan.
2. Development Standards shall be as follows:
• A minimum of 150 -timeshare, interval ownership, and fractional fee ownerships
units @ 900 net sq.ft. above grade including a recreational amenity fees.
• A minimum of 125 condominium units above grade @ 1,250 net sq.ft.
• A minimum of 200 hotel/accommodation units above grade.
• Public transportation facilities including 300 S.F. transit/administrative offices
and public restroom facilities at grade, immediately adjacent to transit center.
• A minimum of 17,000 square feet of commercial/retail space, which does not
include personal service shops.
• All parking shall comply with the Avon Municipal Code parking standards.
3. This PUD Amendment is contingent upon a valid Development Agreement between
IDG3 LLC and the Town of Avon being approved.
4. If necessary, IDG3 LLC will be responsible for the acquisition of additional water rights
and their subsequent dedication to the Town prior to issuance of a building permit to
amend the Town's Augmentation Plan.
5. Failure to develop and obtain final design approval, including compliance with the Town
Center design guidelines of the site-specific development plan by January 31, 2012 shall
automatically terminate these development standards and conditions.
6. Except as otherwise modified by this approval, all material representations made by the
applicant or applicant representative(s) in this application and in public hearing(s) shall
be adhered to and considered binding conditions of approval.
Adopted this 6th day of January, 2003
Signed:raj�/� �• , ,
/7 Date: A, /0 C/
Chris Evans, Chairman
Attest:
Date:
Terry Smith, ecretary
TOWN OF AVON
—a
PLANNING & ZONING COMMISSION
RESOLUTION NO. 04-04
SERIES OF 2004
A RESOLUTION APPROVING A VARIANCE FROM
CHAPTER 17.24.020.1 AND CHAPTER 17.24.030.3 AS
STIPULATED IN TITLE 17 (ZONING) OF THE AVON
MUNICIPAL CODE, FOR LOTS 26/27/28, BLOCK 1,
BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN
OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Vail Resorts, owner of Lots 26/27/28, Block 1, Benchmark at Beaver
Creek Subdivision has applied for a variance from the "Off -Street Parking" and
the "Off -Street Loading" requirements as stipulated in Title 17, of the Avon
Municipal Code in order to accommodate truck maneuvering into a proposed
loading dock (as more specifically described in the application dated November
5, 2003 and the revised plans dated December 23, 2003); and
WHEREAS, a public hearing has been held by the Planning & Zoning Commission
of the Town of Avon, 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 Zoning Variance
application and has considered:
F Wlanning & Zoning Commission\Resolutions\2004V2es 04.04 L26,27,28 B 1 BMBC MmOrAppmval.doc
A. The relationship of the requested variance to other existing or potential uses and
structures in the vicinity, and
B. The degree to which relief from the strict or literal interpretation and
enforcements of a specified regulation is necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity, or to attain the objectives of
this title without grant of special privilege; and
C. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety;
and
D. Such other factors and criteria as the Commission deems applicable to the
proposed variance.
WHEREAS, the Planning & Zoning Commission finds:
A. That the granting of the variance does not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same district;
The application has demonstrated, through a sufficient review of alternatives, that the
proposal does not constitute grant of special privilege.
B. That the granting of the variance will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity;
The application has demonstrated that the proposed access movements in the front
yard and the right of way will not be detrimental to the public or injurious to
properties of potential development (ouch as the Land Trade property) in the vicinity.
The original proposal has been revised to provide the least possible amount ofpublic
safety interference through while providing a reasonable solution to the needs of the
project.
C. That the variance is warranted for one or more of the following reasons:
1. The strict, literal interpretation and enforcement of the specified regulation
would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of this title;
FAI'lanning & Zoning Commission\Resolutions\2004Utes 04-04 L26,27,28 B I BMBC MtnCnApproval doc
II: There are exceptional or extraordinary circumstances or conditions applicable
to the site of the variance that do not apply generally to other properties in the
vicinity;
III. The strict, literal interpretation and enforcement of the specified regulation
will deprive the applicant of privileges enjoyed by the owners of other
properties in the same district.
The application has demonstrated, through a review of alternatives and public
hearings that there is not an alternative design that effectively achieves off-street
loading for the applicant. Further, the enforcement of the specified regulation
will deprive the applicant of privileges ei joyed by the owners of other properties
since a loading dock was never constructed for this project.
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning
Commission of the Town of Avon, Colorado, hereby approves a Zoning variance
from the "Off -Street Parking" and the "Off -Street Loading" requirements of Title 17
of the Avon Municipal Code for Lot 26/27/28, Block 1, Benchmark at Beaver Creek
Subdivision, Town of Avon, Eagle County Colorado with the condition that anytime
there is a change in use for this loading dock area, the variance will be void.
ADOPTED THIS DAY OF Janu evr-
Date:
Andrew Karow
' Vice Chairman
Attest:
Date:
Terry Smitecretary
?00y
1'\Planning $ Zoning Commission\Resolution;\2004%Res 04-04 L26,27,28 BI BNIBC 61mCtrApproval doc
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zom
0- Edam.,.-@
ALPINE ENGINEERING, INC.
October 31, 2003
Chris Juergens
Victor Mark Donaldson
P.O. Box 5300
Avon, CO 8!620
RE: Mountain Center — Town of Avon Sketch Plan Comments
Dear Chris.
I have revised the plans to reflect th-_ comments provided by the Town of Avon. In brief,
the following is a list of the revised.items on the plans"'
1. Existing contours have been made bolder to more clearly reflect how the proposed
contours relate with the existing ,grades.
2. I reviewed the cab length for the WB -50 truck size and the cab is shown as is
dimensioned in the;4ASHTO — Geometric Design of ffighways and Streets. I hav
included'a copy of this detail (see attached).
3. The Striping and lane directions have been clearly identified on the plans.
i
4. A new plan labeled "Lot Coverage Plan" has been included to show the
Impervious. Green space, and Snow Storage areas. A table has also been included
to show the acreages and percentage of lot coverage.
5. Review of the existing site pollution control measures showed them to be in need
of repair or replacement" The site grading and drainage plan now reflects
collecting run off from the existing and proposed paved areas and directing them
through a proposed Sand/Oil interceptor- Additionally, the inlets located inside
the building are planned to be routed to the existing Sand/Oil interceptor located
inside the garage.
Sincerely
Lee C. Whittington
Attachment
i
`rte_
f
1
_
I have revised the plans to reflect th-_ comments provided by the Town of Avon. In brief,
the following is a list of the revised.items on the plans"'
1. Existing contours have been made bolder to more clearly reflect how the proposed
contours relate with the existing ,grades.
2. I reviewed the cab length for the WB -50 truck size and the cab is shown as is
dimensioned in the;4ASHTO — Geometric Design of ffighways and Streets. I hav
included'a copy of this detail (see attached).
3. The Striping and lane directions have been clearly identified on the plans.
i
4. A new plan labeled "Lot Coverage Plan" has been included to show the
Impervious. Green space, and Snow Storage areas. A table has also been included
to show the acreages and percentage of lot coverage.
5. Review of the existing site pollution control measures showed them to be in need
of repair or replacement" The site grading and drainage plan now reflects
collecting run off from the existing and proposed paved areas and directing them
through a proposed Sand/Oil interceptor- Additionally, the inlets located inside
the building are planned to be routed to the existing Sand/Oil interceptor located
inside the garage.
Sincerely
Lee C. Whittington
Attachment