PZC Res. No. 06-06TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 06-06
A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT TO
ESTABLISH A RETAIL TREE & SHRUB NURSERY ON LOT 3,
MCGRADY ACRES SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
W HEREAS, Paul Doughty has applied for a special review use permit for a
retail tree sale nursery, as described in the application dated December 12,
2005, as stipulated in Title 17, of the Avon Municipal Code; and
W HEREAS, 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 Special
Review Use permit application; and
WHEREAS, the Planning & Zoning Commission 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.
N OW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission
of the Town of Avon, Colorado, hereby approves a Special Review Use permit for
FAPlannmg & Zoning Commission\Resolutions\2006\Res 06-06 L3 McCrady Acres Tree Sale SRU.doc
a retail tree sale nursery, as described in the application dated December 12, 2005, as
stipulated in Title 17, of the Avon Municipal Code for Lot 3, McGrady Acres
Subdivision, Town of Avon, Eagle County, Colorado, based upon the following findings:
1. That the proposed use conforms to the requirements as imposed by the Town Zonina
Code.
2. That the proposed use conforms to the Town ComDrehensive Plan, particularly with
respect to Policy A1.5 (integrated residential housing) and Goal C2 (affordable
housing provision).
3. The proposed use is compatible with adjacent uses as planned and approved
through the design review process.
Approved with the following conditions:
1. The permit is approved for the 2006 calendar year and must be re -reviewed for
2007.
2. If the conditions of the permit become the responsibility of a person other than the
applicant (Paul Doughty), the office of Community Development must be notified in
writing, identifying the new person or entity responsible for maintaining the conditions
of the permit. AMC 17.48.020(d).
3. Hours of operation will be 7am - 6pm, with no audible noise at other hours.
4. No lighting is approved for the property, except for an internal light inside the
temporary point of sale office.
5. This use may not be modified, enlarged or expanded in ground area, unless such
modification receives the prior approval of the Planning and Zoning Commission.
AMC 17.48.050.
5. No sales will take place until all site improvements are installed (including all
gravel, office, toilet, etc.) and Community Development inspects the site for
compliance with the site plan.
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.
FAPlanning & Zoning Commission\Resolufions\2006\Res 06-06 L3 McCradv Acres Tree Sale SRU.doc
Adopted this 7th day of March, 2006
Signed: _pp��
c vo 7wil— . Date: 3� i/D4
Ch
Terry Smith, Vice a'
Attest 3�7 �d
Ce� Date:
Phil Struve, Secretary
F:Wfanning & Zoning Commission\Resolurions\1006\Res 06-06 Li McGrady Acres Tree Sale SRU.doc
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 06-07
A RESOLUTION APPROVING A VARIANCE FROM THE SIGN CODE FOR
TWO DEVELOPMENT SIGNS AT THE CONFLUENCE SUBDIVISION,
TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, East West Partners has applied for a Variance from the Town Sign Code,
Pursuant to Section 15.28.080 (7); 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;
B. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity;
C. Such other factors and criteria as the Commission deems applicable to the
requested variance.
WHEREAS, the Planning & Zoning Commission of the Town of Avon has made the
following findings:
A. That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity;
F.IPlanning& Zoning ComnnsswnlResolu4iwUIO 6 s06-07 Confluence Dev S+gns.doc
B. That the variance is warranted for 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 Chapter;
2. 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 same zone;
3. The strict or literal interpretation and enforcement of the specified
regulation deprive the applicant of privileges enjoyed by the owners of other
properties in the same district.
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the
Town of Avon, Colorado, hereby approves a Variance for Development Signs at the
Confluence Subdivision based upon the following findings:
A. That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity;
B. That the variance is warranted for 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 Chapter;
2. 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 same zone;
3. The strict or literal interpretation and enforcement of the specified
regulation deprive the applicant of privileges enjoyed by the owners of other
properties_in the same district.
F: planning & Zoning Commrssionl Resolu/Ionsl2O06IRes 06-07 Con luen,v Dev Signs.doc
Approved with the following conditions:
1. Any future sign relocations must first be approved by Community Development.
2. 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 7th day of March, 2006
Signed:
Terry Smith, Vic Chairman
Attest: & I q l�
1�
Phil Struve, Secretary
Date: 3 /`T / 0 (,'
Date: 3 /9 )-OG
F (Planning & Zoning CommfssionlResolunons120061 Res 06-07 Confluence Dev Stgns.doc