PZC Packet 021502Memo
To: Planning and Zoning Commissioners
,11 hru: Ruth Borne, Director of Community Development
From: Eric Johnson, Planning Technician
Date January 8, 2002
Re: Avon Express Car Wash Driveway Entrance Realignment
Summary:
On September 18, 2001, the Planning and Zoning Commission approved the Special
Review Use application for a car wash and four employee -housing units on Lot 30
Block 1 Benchmark at Beaver Creek Subdivision. As a part of the approval there were
three conditions:
1. The access easement/agreement between the owners of Lots 30 and 31 Block
1 Benchmark at Beaver Creek must be approved and recorded prior to
submittal of the Final Design application.
2. The approval of the express detailing is conditional upon review by the
Planning and Zoning Commission in one year from date of approval.
3. The roof overhangs will not encroach into the setbacks.
Since the approval of the Special Review Use, the applicant and the owners of Lot
31 have been in negotiations to comply with condition number 1. The negotiations
have come to an impasse, which has resulted in the applicant proposing a revised
site plan using the preexisting access easement approved on February 1, 1995.
The revised site plan relocates the entrance/exit west to the preexisting access
easement. This new location results in both positive and negative effects. The
positive effects are that landscaping is increased and the number of road cuts
along Nottingham Road is decreased. The negative effect of this revision is that
congestion has been created for vehicle exiting the car wash and entering the Pet
Center's parking lot. This revision to the site plan will not change the design of the
building.
Staffs opinion is that this revised site plan conforms to Town standards and meets the
first condition of the Special Review Use approval. The Engineering Department does
not have any issues with the proposed revised site plan.
Attachments:
A. Proposed revised site plan
B. Approved site plan from SRU
ETIanning & Zoning Commission\MGM0S\2002\L30 B 1 BMBC drive mod memo.doc
Centennial Center Condominium Association
Lot 31, Block 1
Benchmark at Beaver Creek
730 Nottingham Rd.
949-6467
01/11/02
Planing and Zoning Commissioners
Town of Avon Community Development
Concerned Citizens
We are writing to express our concerns over the latest proposal for lot
30. The most recent proposal, which we only received today, Friday,
January 11, 2002, goes back to the original proposal except that it created an
extra wide drive to the east (essentially making the entry/exit 3 lanes wide)
and contained both an entry and exit for the carwash in addition to the entry
for lot 31. Norm Woods, Town Engineer, vetoed this proposal from the
start as being unsafe.
Now they are proposing a similar approach, yet with a much
narrower (2 lanes) driveway of conjoined lanes without any divider. This
approach clearly has traffic entering lot 31 crossing and very likely colliding
with traffic exiting the carwash. We feel that this will cause major safety
risks, not only in the driveway, but additionally on Nottingham Road when
cars stop suddenly upon entering lot 31 because of cars exiting into them
from the carwash. We also feel that pedestrians exiting the building on lot
31 are put at increasing risk from this traffic congestion and the excelleration
of cars entering to get out of the way of oncoming cars. There is also the
concern for animal patients of the Pet Centre and small children of these
clients being run down by these cars as they are in this dangerous situation.
The end of the day rush is very tight already in the existing parking lot
and collisions have narrowly been avoided. If a greater traffic problem is
created along with the already busy Nottingham Road and adding the
volume from the carwash, we are very concerned about a major site for
confusion and accidents. If you additionally add inclement weather and icy
roads, we feel it would be a miracle if an accident did not occur. We wonder
what legal ramifications will come from the attorneys of victims in these
accidents.
As the owners of Centennial Center, we are all long-standing
business owners in Avon, with the very livelihoods of our families and our
employees tied to this property. We are concerned with the impact such a
proposal will have on our businesses as well as legal ramifications from
injured parties. This will serve to make an entry into our parking lot
uncertain, confusing in direction and outright dangerous. The developer of
lot 30 is an out of town owner with an existing business in another state. He
does not rely on this property development for the livelihood of his family or
other families already dependent upon him.
Finally, it has been stated by the developer of lot 30 that we, the
owners of Centennial Center, have not been honoring the spirit of the
easement agreement and have been uncooperative. We have felt that the
developer's position from the start has been one of "what is mine is mine
and what is yours is negotiable". This is clearly evidenced by this latest
proposal. Over the past 8 months, we have met numerous times with the
town staff, Mr. Grow and his architects, as well as our lawyers. We have
spent much time and money to resolve this matter. In fact, as late as
November, Mr. Grow agreed to sign an agreement that our respective
lawyers had created and then he refused. We are extremely frustrated with
this entire process and out a great deal of money with attorney's fees.
We would like to see the responsible development of this property,
but to allow someone to continue to push this process totally to their needs
and disregarding the welfare of the public and the financial concerns of
established business owners who actually live in this community, causes us
to feel very frustrated and that this is just wrong. This will now seriously
impact the adjacent property as well as the safety of the citizens that use
Nottingham Road and also those who live in Wildridge and Wildwood. We
wish to strongly encourage you to reject this proposal.
Doug`/as Bry nt
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