PZC Packet 081903Town of Avon
Planning & Zoning Commission
Site Tour
August 19, 2003
12:00 PM
Town of Avon Municipal Building
400 Benchmark Road
Please meet at the Community Development Department
Conference Room.
Town of Avon
Planning & Zoning Commission
Work Session
August 19, 2003
5:30 PM
Council Chambers
Town of Avon Municipal Building
400 Benchmark Road
I. AGENDA
A. Discussion of regular meeting agenda items.
Estimated Times for each agenda item are shown for
informational purposes only, and subject to change without
notice.
Posted on August 13, 2003 at the following public places within the Town of Avon:
• Avon Municipal Building, main lobby
• Avon Recreation Center, main lobby
• Alpine Bank, main lobby
• City Market, main lobbv
Town of Avon
Planning & Zoning Commission
Regular Meeting
August 19, 2003
6:00 PM
Council Chambers
Town of Avon Municipal Building
400 Benchmark Road
AGENDA
I. Call to Order (6:00pm)
II. Roll Call
Ill. Additions and Amendments to the Agenda
IV. Conflicts of Interest
V. Consent Agenda
Approval of the August 5, 2003 Planning & Zoning Commission
Meeting Minutes [Tab 1]
VI. Minor Projects (6:05pm — 6:10pm)
A. Lot 32, Block 2, Wildridge Subdivision
2643 Beartrap Road
Accessory Structure Design
Applicants/Owners: Patty McKenny [Tab 2]
B. Lot 49A, Block 4, Wildridge Subdivision
5161 Longsun Lane
Landscaping Improvements
Applicant: Barbara Bright
Posted on August 13, 2003 at the following public places within the Town of Avon:
• Avon Municipal Building, main lobby
• Avon Recreation Center, main lobby
• Alpine Bank, main lobby
• City Market, main lobby
PUBLIC HEARING (6:10pm — 7:00pm)
VII. Special Review Use Applications:
A. Fiasco Restaurant/Tavern
Lot 13, Block 1, Benchmark at Beaver Creek Subdivision
411 Metcalf Road
Resolution No. 03-15
Applicant/Owner: David Svabik [Tab 3]
B. Calvary Chapel Vail Valley
Lot 22, Block 1, Benchmark at Beaver Creek Subdivision
77 Metcalf Road, Unit 105
Resolution No. 03-16
Applicant: Richard Wahl [Tab 4]
PUBLIC HEARING CLOSED
VIII. Sign Design (7:00pm — 7:05pm)
A. Barrancas Address Signs (2)
Lots 40/41, Block 1, Benchmark at Beaver Creek Subdivision
491/511 Metcalf Road
Applicant: Ray Nielsen [Tab 5]
IX. Adjourn (7:05pm)
Posted on August 13, 2003 at the following public places within the Town of Avon:
• Avon Municipal Building, main lobby
• Avon Recreation Center, main lobby
• Alpine Bank, main lobby
• City Market, main lobbv
Staff Report
SPECIAL REVIEW USE
HEART of the VALLEY
C 0 L 0 R A D 0
August 19, 2003 Planning & Zoning Commission meeting
Report date August 12, 2003
Project type Restaurant & Tavern ("Fiasco')
Legal description Lot 13, Block 1, Benchmark at Beaver Creek
Subdivision
Zoning Industrial Commercial
Address 411 Metcalf Road
Introduction
The applicant, David Svabik, is requesting a Special Review Use (SRU) Permit for the operation
of a restaurant and tavern at 411 Metcalf Road. This application was tabled at the April 15th and
May 6, 2003 Planning and Zoning meetings, and was later denied at the May 20, 2003 meeting
through resolution No 03-07. A copy of this Resolution is attached. This application was tabled
again at the August 5, 2003 Commission meeting. Included with this application are a site plan,
floor plan, landscaping plan, and elevations.
Since the May 20, 2003 Commission meeting, the applicant has revised both the floor plan
layout and the site plan for this proposal. Modifications to the floor plan have reduced the
amount of seating area for the restaurant and have added a game room facility. These revisions.
have further reduced the demand on parking. Although difficult to determine at this point, it
appears that the parking area on the revised site plan now has sufficient area for parking.
The lot currently has an unimproved parking area that gains access from an easement through the
neighboring property to the north (Lot 12, "Encompass"). Four separate tenants are currently
occupying the building: Beaver Creek Automotive, Smith Woodworking, KLF Painting, and
Mountain Spruce Inc. (woodworker). The applicant is proposing the restaurant use for the entire
building.
Criteria for Review
According to section 17.48.040 of the Avon Municipal Code, the Planning & Zoning
Commission shall consider the following criteria when evaluating an application for a Special
Review Use permit:
1. Whether the proposed use otherwise complies with all requirements imposed by the Tofvn
Zoning Code.
As proposed, it appears that the parking lot has adequate space for the quantity and size of
parking spaces and access aisles required. A revised site plan drawn to scale, showing the
Town of Avon Community Development (970) 949-4280 Fax (970) 949-5749
Lot 13, Block 1, Benchmark at Beaver Creek Subdivision, Special Review Use for "Fiasco"
August 19, 2003 Planning & Zoning Commission meeting Page 2 of 2
existing (contours) conditions, proposed grades, and drainage must be submitted for review by
the Community Development Department in order for us to determine whether or not
compliance is possible.
2. Whether the proposed use is in conformance with the Town Comprehensive Plan.
The Comprehensive Plan serves as a guide for development and redevelopment in Avon. There
are at least two criteria that should be reviewed for this project.
Policy Al.1 from the Comprehensive Plan states that ".. redevelopment should be of a scale and
intensity appropriate for the neighborhood in which it is located". This proposed use appears to
conflict with the recommended policy. There are currently no eating or drinking establishments
in the immediate area.
Further, Policy A3.6 states that the Town should "encourage mixed use development... where
compatible with existing neighborhoods". The neighborhood is industrial in nature. There are
currently no restaurants or bars located on Metcalf Road, and it does not appear that this type of
use would be compatible with the adjacent properties.
3. Whether t he p roposed use is c ompatible w ith adjacent u ses. S uch c ompatibility may b e
expressed in appearance, architectural scale and features, site design and -the control of
any adverse impacts including noise, dust, odor, lighting, traffic, safety, etc.
There is question as to whether or not this use is compatible with the adjacent land uses. The
impacts of this use may include increased vehicular and foot traffic on Metcalf Road, parking in
undefined areas and blocking the access easement, and potential parking on the adjacent
properties during the evening. It is important to note that there are no pedestrian connections to
this project, which further exacerbates the impact of increased traffic and vehicular use.
Staff has not received any letters from the adjacent property owners concerning this application.
Various members of the public were present at the May 20, 2003 Commission meeting to
support this application. No public input was received at the August 5th meeting.
Recommended Motion
Staff recommends denial of the Special Review Use Permit as set forth in Resolution 03-15 for
Lot 13, Block 1, Benchmark at Beaver Creek Subdivision to allow for the operation of a
restaurant and tavern as described in the plans dated July 17, 2003.
If you have any questions regarding this or any other project or community development issue,
please call me at 748-4030, or stop by the Community Development Department.
Respectfully submitted,
Matt Pielsticker
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO.03-15
A RESOLUTION DENYING A SPECIAL REVIEW USE PERMIT
TO ESTABLISH A RESTAURANT AND TAVERN ON LOT 13,
BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION,
TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Dave Svabik, owner of Beaver Creek Automotive, has applied for a special
review use permit to operate a restaurant and tavern, as described in the application
dated July 17, 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 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.
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of
the Town of Avon, Colorado, hereby denies a Special Review Use for a proposed
restaurant and tavern, as described in the application dated July 17, 2003, as stipulated in
Title 17, of the Avon Municipal Code for Lot 13, Block 1, Benchmark at Beaver Creek
Subdivision, Town of Avon, Eagle County, Colorado, based upon the following
findings:
1. That the proposed use does not conform to the Town Comprehensive Plan, particularly
with respect to:
Policy A1.1 — "Development and redevelopment will be of a scale and
intensity appropriate for the neighborhood in which it is located."
Policy A3.6 — "Encourage mixed -use development throughout the conlmuni l.y,
where compatible with existing neighborhoods, to more efficiently use land."
2. The proposed use is not compatible with adjacent uses as planned.
ADOPTED THIS 19th DAY OF A UG UST, 2003
Signed:
Attest:
Chairman
, Secretary
Date:
Date:
F:\Planning & Zoning Commission\Resolutioil s\2003\R.es 03-15 L13 B1 BMBC SRU Fiascov rec denial.doc
Memo
To:
Planning & Zoning Commission
From:
Matt Pielsticker, Planning Technician
Date August 13, 2003
Re: Minor Project for "Play Area"
Patrick and Patty McKenny have submitted details for a proposed playground area at their
home on Bear Trap Road. Staff would ordinarily approve playgrounds without review by the
Commission; however, the Town has received a complaint about the play area. The Building
Department has no issues with the play area.
Staff Recommendations: Staff recommends approval of this design for a play area with
the condition that the play area "be compatible with the design and materials utilized for the
main building structure."
Memo to Planning & Zoning — August 19, 2003 Page 1 of 1
F:\Planning & Zoning .Commission\Memos\2003\McKenny Play Area.doc
MEMO
To: Avon Planning & Zoning Commission Members
Avon Planning Department
From: Patrick McKenny
2643 Bear Trap Road West, Owner
Avon, CO 81620
RE: Minor Project — Proposed Play Area
Review by Town Staff & Planning & Zoning Commission on August 19, 2003
Date: August 12, 2003
Please accept my detailed application for the proposed "play area" to be developed on my
property located at 2643 Bear Trap Road, West.
Attached are the following items:
1. Original map & approval letter from Town of Avon Community Development staff
2. Proposed detailed map of play area
3. Proposed detailed drawing of play house
4. Proposed side view of play house
I will be at the meeting on Tuesday August 19th and will be happy to answer any questions.
Thank you for your time.
4\
C O L 0 R A D 0
May 16, 2003
Patty McKenny
P.O. Box 2550
Avon, CO 81620
RE: MINOR PROJECT— STAFF APPROVAL FOR REVISED LANDSCAPING &
RETA]NING, LOT 32, BLOCK 2, WILDRIDGE SUBDIVISION
Rost Off(Ci' Sox 971
4"00 3eiichnwrk /?ou
.41•0n. Coloradn :V 16'0
970- 4c1-4000
9'0449-91 ;9 Frt
9 =0-84 708 TT'r
Patty: ;
Staff has reviewed your application for the following modifications at 2643 Beartrap
Road, Wildridge Subdivision.
Proposed Modification(s): Regrade areas in rear and side yards, add several retaining
walls, and landscaping areas as per plans and application dated May 14, 2003.
Action: Approved with the following condition(s):
1. Regraded areas must be reseeded or landscaped in accordance with the Town of
Avon Design Review Guidelines. Irrigation area may not exceed 20% of total
landscape area. Revised landscaping guidelines are attached for your reference.
2. Reseeded slopes must not exceed a maximum grade of 2:1.
3. Positive drainage'must be established away from the structure.
4. All retaining walls must be under four (4) in height, and may not encroach into
the utility and drainage easements.
This approval is for the project design only. You are required to obtain any building
permits (if necessary) prior to commencing work at the site, and you may contact the
Building Division for information at 970.748.4004. Design approvals are valid for two
years from the above -mentioned date.
Thank you for your application. Please contact me at 970.748.4002 if you have any
questions or require additional assistance.
Aloha, ,
Tambi Katieb, AICP
Cc: File M-DR2003-23
FIECENED
MAY 14 Z003
Community Development
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FIASCO RESTAURANT and TA
SITE PLAN
Aspen 1.5" — 2.5" Caliper 39
Cottonwood 2" Caliper 18
58 Serviceberry 3-4' 6
Q Potentilla K. Dikes #5 52
�j River rock cobble 4-8"
II II I I I I Native Perennial dry land flower mix
Existing Trees & Shrubs
R. O. Ex = Russian Olive
A. Ex = Aspen
C.W. Ex = Cottonwood
C.A. Ex. = Crabapple
Trees & Shrubs to be planted in holes twice
the size of rootball. Top soil and compost
mix used for back fill. Shredded cedar bark
mulch to conserve moisture in wells. All
trees and shrubs are to be drip irrigation.
Native Perennial mix to be sown in soil
which has been cultivated to a 2" depth with
2" of compost added. Seed to be top -dressed
with compost to aid in rapid germination.
Temporary irrigation used until perennials
are established.
River rock cobble underlayed with weed
barrier. Rock to be even with grade of curb
to aid in snow removal.
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Community Development
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�110", (9claraDO 81620
(303) 949-4280
April 29, 1980
Beaver Creek Automotive
P.O. Box 7
Avon, Colorado 81620
Gentlemen:
Thank you for your presentation to the Design Review Board on
April 16, 1980 regarding your special use permit on Lot 13, Block 1
Benchmark Subdivision. You were granted final approval with the
following conditions:
1. No grease be deposited on the site, that the drainage be
positively located in the driveway and no drainage run off
to the south of the property line.
2. The landscaping plan will be submitted to the Board for ap-
proval on the 7th of May, 1980 - this approval is subject
to that approval (landscaping).
3. Only two parking spaces be permitted for storage of auto-
mobiles on the exterior for this particular special use.
4. The method of enforcement, and the Town Attorney's determina-
tion of the legal and most expedient means of enforcement.
5. The special use permit will be reviewed at the Board's first.
meeting in October, 1980 for any consideration of any viola-
tions that the Board is aware of at that time.
cc: Keith Troxel
Sincerely,
a
Jerre Sort antl
Recording Secretary
Design Review Board
RECEIVED
MAY 13 2003
COMInunity Development
R
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO.03-07
A RESOLUTION DENYING A SPECIAL REVIEW USE PERMIT
TO ESTABLISH A TAVERN/NIGHTCLUB ON LOT 13, BLOCK 1,
BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF
AVON, EAGLE COUNTY, COLORADO
WHEREAS, Dave Svabik, owner of Beaver Creek Automotive, has applied for a special
review use permit to tavern/nightclub, as described in the application dated March 21,
2003, as stipulated in Title 17, of the Avon Municipal Code; and
WHEREAS, a public hearing has been held by the Planning & Zoning Comrm�7sion 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 cortain
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.
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of
the Town of Avon, Colorado, hereby denies a Special Review Use for a proposed
tavern/nightclub, as described in the application dated March 21, 2003, as stipulated in
Title 17, of the Avon Municipal Code for Lot 13, Block 1, Benchmark at Beaver Creek
Subdivision, Town of Avon, Eagle County, Colorado, based upon the following
findings:
1. That the proposed use does not conform to the requirements as imposed by the Town
Zoning Code, particularly with respect to:
Section 17.24.010 A "Whenever the existing use of a building or structure
shall hereafter be converted to a new use, parking or loading facilities shall be
provided as required for such new use."
Section 17.24.020 C — Off street Parking Requirements "Restaurants — Food
consumed within structure only, outside patio used with a bar or restaurant do
not require any additional parking. 1 space/60 sq. ft. of seating area."
Section 17.24.020 A — General Off Street Parking Requirements:
"3. Size and Vertical Clearance. All minimum requirements as to size,
shape, and design of spaces, aisles and drives shall meet standard town
of Avon specifications."
"4. Access. Except on lots accommodating single-family or duplex
dwellings, each off-street parking space shall open directly upon an
aisle or driveway of a width of twenty-four feet for ninety -degree
parking and design meeting standard town of Avon specifications_"
"Surfacing. All open, off-street parking areas shall be surfaced with
asphaltic concrete, concrete, or other approved hard surface, which
shall be constructed and maintained in accord wiih specifications of
town engineering department."
2. That the proposed use does not conform to the Town Comprehensive Plan, particularly
with respect to:
Policy Al. I — "Development and redevelopment will be of a scale and
intensity appropriate for the neighborhood in which it is located."
Policy A1.2 — "Redevelopment will adhere to the same standards as new
development."
Policy A3.6 — "Encourage mixed -use development throughout the community,
where compatible with existing neighborhoods, to more efficiently use land."
Subarea 4: Metcalf Road Light Industrial District design recommendatiorfl
"Encourage new development that ... provides for proper on -site parking and
circulation."
3. The proposed use is not compatible with adjacent uses as planned.
ADOPTED THIS 20th DAY OF MAY, 2003
Sign C) � ��- � �— (,, (0
Date:
V < (-'- . Chairman
Attest:
144 Date: S 1--le) 03
Its ; i v fi , Secretary
F TIanning & Zoning Conu ission\Resolutions\2003\Res 03-07 L13 B1 BMBC SRU Fiasco.doc
Staff Report wz--vl,
SPECIAL REVIEW USE AVON
C 0 L 0 R A D O
August 19, 2003 Planning & Zoning Commission meeting
Report date August 13, 2003
Project type Administrative/Counseling Office for Church
Legal description Lot 22, Block 1, Benchmark at Beaver Creek
Subdivision
Zoning Industrial and Commercial (IC)
Address 0077 Metcalf Road (Unit #105)
Introduction
The applicant, Calvary Chapel Vail Valley, is requesting the use of a vacant office space at 77
Metcalf Road for their administrative office. They currently occupy an office space in the
Mountain Center on Nottingham Road, however that lease is terminating.
The application requests to utilize Unit #105 for light office use, event planning, and marriage
and family counseling. Evening bible study, group study, and limited services are proposed as
being limited to evening and Sunday use only. The primary Sunday service will be offered at an
off -site location (currently in Edwards). Occupancy is projected to be between 5 to 10 people at
any one time.
Criteria for Review
According to section 17.48.040 of the Avon Municipal Code, the Planning & Zoning
Commission shall consider the following criteria when evaluating an application for a Special
Review Use permit:
Whether the proposed use otherwise complies with all requirements imposed by the zoning
code.
The use appears to comply with zoning requirements, and sufficient parking for the use as
proposed exists. The use of this space as an `office' is a use by right, however, because of
the potential conflict of a religious establishment in an industrial and commercial zone
district, the applicant has submitted this special review use application for review.
Additionally, the application proposes to limit all uses (outside of administrative work) to
hours after the majority of businesses in the area are closed.
Town of Avon Community Development (970) 949-4280 Fax (970) 949-5749
Lot 22, Block 1, Benchmark at Beaver Creek Subdivision, Special Review Use
August 19, 2003 Planning & Zoning Commission meeting Page 2 of 2
2. Whether the proposed use is in conformance with the town comprehensive plan.
The Comprehensive Plan supports this type of mixed use where appropriate. Policy D1.7
encourages the development of "youth -oriented education facilities.. and programming of
any community or public facilities". Policy A1.7 states that the community should "include
sufficient land for public uses.. (and) community facilities." It is staff s opinion that the use
of this office space will comply with the general policies as stated in the Comprehensive
Plan.
3. Whether t he p roposed use is c ompatible w ith adjacent u ses. S uch c ompatibility may b e
expressed in appearance, architectural scale and features, site design and the control of
any adverse impacts including noise, dust, odor, lighting, traffic, safety, etc.
The proposed use is compatible with adjacent uses, particularly since it's primary function is
as an administrative office. Services such as Bible study and youth groups will take place in
evening hours and on weekend hours, when the majority of businesses in the area are closed.
The project requires no architectural changes to the building (other than signage), and will
not create adverse impacts as proposed.
Staff Recommendation
Staff recommends approval of Resolution 03-16 with the conditions as noted.
Recommended Motion
Approve Resolution 03-16 granting a Special Review Use Permit for Lot 22, Block 1,
Benchmark at Beaver Creek Subdivision to operate the Calvary Chapel Vail Valley
administrative office as described in the plans dated July 31, 2003 for a time period of 5 years,
with the following conditions:
1. All services outside of administrative, management, and event planning will take place
after 5:00pm during the week (Monday to Friday).
2. A sign permit will be required for any signage associated with this use.
3. This permit is valid subject to review and renewal exactly 5 years from the date of
issuance (August 19, 2008).
4. Except as otherwise modified by this permit approval, all malerial 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.
If you have any questions regarding this or any other project or community development issue,
please call me at 748-4030, or stop by the Community Development Department.
Respectfully bmitted,
Tambi Katieb
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO.03-16
A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT
TO OPERATE A CHURCH ADMINSTRATIVE OFFICE IN UNIT
#105, 77 METCALF ROAD, ON LOT 22, BLOCK 1, BENCHMARK
AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, Calvary Chapel Vail Valley has applied for a special review use pen -nit to
operate an administrative office for Church operations, as described in the application
dated July 31, 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 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.
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of
the Town of Avon, Colorado, hereby approves a Special Review Use for the operation of
an administrative office for Church operations, as described in the application dated July
31, 2003, as stipulated in Title 17, of the Avon Municipal Code for Unit 105, Lot 22,
Block 1, Benchmark at Beaver Creek 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:
All services outside of administrative, management, and event planning will take place
after 5:00pm during the week (Monday to Friday).
2. A sign permit will be required for any signage associated with this use.
3. This permit is valid subject to review and renewal exactly 5 years from the date of
issuance (August 19, 2008).
4. 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 19th DAY OF AUGUST, 2003
Signed:
Attest:
Chairman
Secretary
Date:
Date:
FAPlanning & Zotung Commission\ResolutionsQ003\Res 03-16 L22 B1 BMBC Calvary SRU.doc
Staff Report
SIGN DESIGN
HEART of the VALLEY
C 0 L O R A D O
August 19, 2003 Planning & Zoning Commission meeting
Report date August 13, 2003
Sign type Address Signs
Legal description Lots 40/41, Block 1, Benchmark at Beaver Creek
Subdivision (Barrancas)
Zoning PUD
Address 491 (Lot 40) & 511 (Lot 41) Metcalf Road
Introduction
The applicant is proposing two freestanding address signs on Metcalf Road for two of the
entrances to the Barrancas housing project. Both proposed signs are the same size
(approximately 3 square feet) and constructed with the same materials: steel, corrugated metal,
and acrylic letters. No lighting is proposed, and each sign displays the address numbers and
street name. Since there is no Master Sign Program governing these lots the sign allowance and
design are evaluated based upon the Town's Sign Code.
Design Review Considerations
According to the Town of Avon Sign Code, Section 15.28.070, the Planning & Zoning
Commission shall consider the following items in reviewing proposed designs:
1. The suitability of the improvement, including materials with which the sign is to be
constructed and the site upon it is to be located.
Address signs are appropriate for the proposed sites given the scale of the project and the
need for identification on Metcalf Road. The Municipal Code encourages signs that utilize
metal with construction. The signs would be constructed with the same materials as those
used with the structures on -site.
2. The nature of adjacent and neighboring improvements.
The area is industrial in nature, and these signs appear to be appropriate for the
neighborhood.
3. The quality of the materials to be utilized in any proposed improvement.
The proposed materials are of high quality and durability.
4. The visual impact of any proposed improvement, as viewed from any adjacent or
neighboring property.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lots 40/41, Block 1, Benchmark at Beaver Creek Subdivision, Barrancas Address Sign Design
August 19, 2003 Planning & Zoning Commission meeting Page 2 of 2
The proposed signs would not have any significant impact to adjacent properties.
5. The objective that no improvement will be so similar or dissimilar to other signs in the
vicinity that values, monetary or aesthetic, will be impaired.
It is Staff s opinion that there will be no impairment.
6. Whether the type, height, size, and/or quality of signs generally complies with the sign
code, and are appropriate for the project.
The proposed signs generally comply with the sign code in terms of height, size, and quality.
7. Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether
the sign is appropriate for the determined orientation
The primary orientation of the proposed signage is to vehicular traffic, which is appropriate.
Staff Recommendation
Staff Recommends Approval of this Barrancas address sign design application for Lots 40 and
41, Block 1, Benchmark at Beaver Creek Subdivision (Barrancas) with the following conditions:
1. The acrylic lettering (silver) must be non reflective in appearance.
2. Lighting for the signs must be reviewed by the Community Development Department
prior to installation.
3. Except as otherwise modified by this pen -nit 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.
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
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
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VI f _IVED
AUG 1
Community Development
5tatement to: Town of Avon Planning and Zoning Commiooion
August 19, 2003
Good evening. I am John Quinn. I have lived in this valley for Some time,
eight of those years in the home I built in Wildridge at 4071A Wildridge Road,
West. I am here tonight to Speak -up in opposition to the Structure erected
by Patty McKenny, who I understand io the Town of Avon town clerk, whose
home io at 2643 Bear Trap Road, West. I have enclosed photos of this
project in the packet I have provided and I oppose this project for the
following reasono. The erected Structure io:
1. Rather large. The Scale and proportion of the Structure Seem
inappropriate and contrary to Town of Avon Design Review Guidelines.
2. Exccooively elevated through recent regrading, which appears to be
contrary to Town of Avon Design Review Guidelines.
3. Pushed aS close to my lot ao possible, with architectural finioheo which
appear picket -fence like and lot line -delineating in nature, again contrary to
Town of Avon Design Review Guidelines.
4. Out of context with neighboring Structures and natural environment and
contrary to Town of Avon Design Review Guidelines.
And,
5. The Structure Seems commercial or municipal in Scale and oeemo larger in
ocale than the photon submitted of variouo Rainbow Play 5yotemo, Inc.
componento by Patrick McKenny in a memo to the Avon Planning and Zoning
Commiooion members dated August 12, 2003. And, unleoS the McKenny
family io actually erecting a residentially ocaled Rainbow Play 5yotem I find
thin discrepancy to be Seemingly mioleading.
Additionally, it oeemo in review of the documento given to me thin pant
week by Ruth Borne, Town of Avon community development director, the
project wao given otafF approval by the community development office, for
landscaping work only and the plan indicated a play area but not a
Structure. This staff decision of landscape only approval has also been
confirmed in my conversation with Tambi Katieb, Town of Avon community
development Staff member, who advised they would take another look into
the project. It iS my understanding that this Site visit was conducted by
Matt Pielsticker, Town of Avon planning technician. And, in my conversation
with Matt, this past week, he advised the town was not really Sure if this
was a deck or a fence or what to call it. And Since these conversations with
community development Staff, I have received a copy of a memo from Matt
Pieloticker to the Planning and Zoning Commission dated August 13, 2003
indicating that the town Staff is recommending approval of this design and
the final decision rests with you, the Planning and Zoning Commission. In my
opinion, it Seems that an authorized landscaping project has now turned
into an unauthorized building project of questionable design and location.
Tonight, I ask you to review this project and determine its adherence to
Town guidelines. Additionally, if the project iS within guidelines, I ask for
clarification and explanation from you. And, if the project is not within
guidelines, I ask that you ask the McKenny family to lower and move or
remove this Structure.
Thank you for Serving on the Planning and Zoning Commission, thank you for
listening and I thank you for your time and consideration in this matter.
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Minutes of Planning and Zoning Commission
August 5, 2003
Council Chambers
Town of Avon Municipal Building
400 Benchmark Road
I. Call to Order
The meeting was called to order at 6:00 pm.
II. Roll Call
All Commissioners were present with the exception of Commissioner Pat Him.
III. Additions and Amendments to the Agenda
There is an amendment to the Consent Agenda. Lot 61, Block 1, Wildridge
Subdivision Minor Project has been added to the Agenda. Lot 47, Block 3,
Wildridge Subdivision Sketch Plan and Lot 72, Block 4, Wildridge Subdivision
Sketch Design have been moved to the Consent Agenda.
IV. Conflicts of Interest
Chairman Evans disclosed a conflict Lot 61, Block 1, Wildridge Subdivision Minor
Project which has been taken to the Consent Agenda and Commissioner Karow
disclosed a conflict with Item VII, A, Planned Unit Development Amendment, The
Village at Avon, and Item VI, D, Lot 47, Block 3, Wildridge Subdivision Sketch
Plan.
V. Consent Agenda
Chairman Evans opened for a motion for the approval of the Meeting Minutes
from the July 15, 2003, Planning & Zoning Commission Meeting, Lot 47, Block 3,
Wildridge Subdivision Sketch Plan and Lot 72, Block 4, Wildridge Subdivision
Sketch Design. Commissioner Smith motions for approval with Commissioner
Didier seconding the motion. Motion passed 4-0 with Chairman Evans and
Commissioner Karow abstaining.
VI. Sketch Design Plan
A. Lot 11, Block 1, Filing 1, Eaglebend Subdivision — Final Design
4500 Eaglebend Drive
Applicant/Owner: Bill Varecha
Tambi Katieb presented the Staff Report. John Perkins, architect for the
applicant, commented on the many changes and features made. Roger
Wilkinson, owner of Lot 12, Filing 1, Eaglebend Subdivision, appreciated the
changes made and jotted down his thoughts for staff to review. He was
concerned that the placement of the proposed home was detrimental to his
home's view corridor and that the value of his home would be compromised. He
feels the home is over 35 feet in height and that the home does not blend in with
its setting. He requested denial by Planning and Zoning Commission until all
issues were addressed. Bruce Drum, neighbor, approached the podium. He
defined the river positioning of the home. He feels it is intrusive to have this
home placed on its site as proposed. He is requesting a site visit to visualize the
impact to the neighborhood by the positioning of the home. Chris Ekrum, Lot 15,
feels poor judgment was used in placement of this home on its lot/envelop.
Walter Dandy, neighbor at 3868 Eaglebend, felt uniformity of space from the river
is the focus. Bill Varecha, applicant, has taken issue with his neighbors in their
desire to have his home further from the river. He had aerial photos made to
show his point. He feels the home is in keeping with the neighborhood and will
appreciate the neighbor's homes by its 1.5 million dollar value.
Nora Ames, Lot 12, bought her home in 1989. She voiced her impression of the
unexpected placement of the home so close to the river. Jim Stovall, attorney for
the Varecha's, approached the podium and began discussion of values and
views as presented by the neighbors. He brought up the notion that views are
not part of the finalized product. This property is well within the set backs as
required by planning. He emphasized that views relate to those of the river and
not across the property in question.
Commissioner Trueblood motioned to for approval and Commissioner Smith
seconded the motion. The motion passed 5-0 with Commissioner Didier
abstaining.
B. Lot 72, Block 4, Wildridge Subdivision — Sketch Design
5350 Ferret Lane
Applicant/Architect: T. Scott Kyle
Moved to Consent Agenda.
C. Lot 45C, Block 2, Wildridge Subdivision — Sketch & Final Design
2520 Old Trail
Applicant/Owner: Bob Mach
Staff has recommended approval with the 6 conditions as presented in the Staff
Report. Chairman Evans questioned the A, B, C identification which originated
from a fourplex lot being resubdivided into four single homes. Automatic
irrigation is required for this property.
Commissioner Neville motioned to approve with all staff recommendations plus
changing Item 1 to include Commission review for landscaping plan and staff for
approval of window color. Commissioner Trueblood seconded the motion. All
Commissioners were in favor except Commissioner Karow who abstained.
Motion carried 5-1.
D. Lot 47, Block 3, Wildridge Subdivision — Sketch Design
4791 Wildridge Road East
Applicant/Architect: Kate O'Connor
Moved to Consent Agenda.
PUBLIC HEARING
VII. Planned Unit Development Amendment
A. The Village at Avon Planned Unit Development
PUD Amendment for Zoning Plan of Tract N, Tract G, RMF-1, &
Tract M
Applicant: Traer Creek LLC
Tambi Katieb presented the staff report. Commissioner Karow left the meeting.
Conditions 3 and 5 were amended for clarification. Ruth Borne presented the
history of useable space as developed in 1998 in order to thoroughly address the
question posed by Commissioner Didier regarding the shrinking of park space.
Shane Bohart, representing the Applicant, presented the park area and
discussed the bisection by Swift Gulch road and the shrinking of the Fire Station
lot to 1 acre which is what was originally required. Mr. Bohart revealed that
missing park space would be addressed in other areas. Opened public hearing,
no comments, and the public hearing closed.
Commissioner Trueblood made a motion for approval of Resolution 03-14 with
conditions as presented by staff. Commissioner Smith seconded the motion and
it passed unanimously with 5-0 vote.
Vill. Special Review Use Application
A. Fiasco Restaurant/Tavern
411 Metcalf Road
Applicant/Owner: David Svabik
Public hearing opened, and with no comments, the public hearing closed.
Commissioner Smith motioned to table for two weeks and Commissioner Didier
seconded the motion. All commissioners were in favor and the motion passed
unanimously.
PUBLIC HEARING CLOSED
IX. Other Business
Minor Project Approvals:
A. Lot 52, Block 4, Wildridge Subdivision
5183 Longsun Lane
Addition above existing garage
Applicant/Architect: Jennifer Buck
B. Lot 57, Block 3, Wildridge Subdivision
4611 North Point
Replace existing wood siding with stucco
Applicant/Owner: Jan Livergood
X. Adjourn
Commissioner Neville made a motion to adjourn, with Commissioner Trueblood
seconding. The motion was approved unanimously. The meeting adjourned at
7:30 pm.
Respectfully submitted,
Ruth Weiss
Recording Secretary
APPROVED:
Chris Evans
Chairman
Terry Smith
Secretary
FAPlanning & Zoning Commission\Minutes\2003\080503.doc
Staff Report
SPECIAL REVIEW USE
HEART of the VALLEY
C O L 0 R A D 0
August 19, 2003 Planning & Zoning Commission meeting
Report date August 12, 2003
Project type Restaurant & Tavern ("Fiasco")
Legal description Lot 13, Block 1, Benchmark at Beaver Creek
Subdivision
Zoning Industrial Commercial
Address 411 Metcalf Road
Introduction
The applicant, David Svabik, is requesting a Special Review Use (SRU) Permit for the operation
of a restaurant and tavern at 411 Metcalf Road. This application was tabled at the April 15th and
May 6, 2003 Planning and Zoning meetings, and was later denied at.the May 20, 2003 meeting
through resolution No 03-07. A copy of this Resolution is attached. This application was tabled
again at the August 5, 2003 Commission meeting. Included with this application are a site platy,
floor plan, landscaping plan, and elevations.
Since the May 20, 2003 Commission meeting, the applicant has revised both the floor plan
layout and the site plan for this proposal. Modifications to the floor plan have reduced the
amount of seating area for the restaurant and have added a game room facility. These revisions
have further reduced the demand on parking. Although difficult to detennine at this point, it
appears that the parking area on the revised site plan now has sufficient area for parking.
The lot currently has an unimproved parking area that gains access from an easement through the
neighboring property to the north (Lot 12, `Encompass"). Four separate tenants are currently
occupying the building: Beaver Creek Automotive, Smith Woodworking, KLF Painting, and
Mountain Spruce Inc. (woodworker). The applicant is proposing the restaurant use for the entire
building.
Criteria for Review
According to section 17.48.040 of the Avon Municipal Code, the Planning & Zoning
Commission shall consider the following criteria when evaluating an application for a Special
Review Use permit:
1. Whether the proposed use otherwise complies with all requirements imposed by the Town
Zoning Code.
As proposed, it appears that the parking lot has adequate space for the quantity and size of
parking spaces and access aisles required. A revised site plan drawn to scale, showing the
Town of Avon Community Development (970) 949-4280 Fax (970) 949-5T49
Lot 13, Block 1, Benchmark at Beaver Creek Subdivision, Special Review Use for "Fiasco'
August 19, 2003 Planning & Zoning Commission meeting Page 2 of 2
existing (contours) conditions, proposed grades, and drainage must be submitted for review by
the Community Development Department in order for us to determine whether or not
compliance is possible.
2. Whether the proposed use is in conformance with the Town Comprehensive Plan.
The Comprehensive Plan serves as a guide for development and redevelopment in Avon. There
are at least two criteria that should be reviewed for this project.
Policy Al.1 from the Comprehensive Plan states that ".. redevelopment should be of a scale and
intensity appropriate for the neighborhood in which it is located". This proposed use appears to
conflict with the recommended policy. There are currently no eating or drinking establishments
in the immediate area.
Further, Policy A3.6 states that the Town should "encourage mixed use development... where
compatible with existing neighborhoods". The neighborhood is industrial in nature. There are
currently no restaurants or bars located on Metcalf Road, and it does not appear that this type of
use would be compatible with the adjacent properties.
3. Whether t he p roposed use i s c ompatible w ith adjacent u ses. S uch c ompatibility may b e
expressed in appearance, architectural scale and features, site design and the control of
any adverse impacts including noise, dust, odor, lighting, traffic, safety, etc.
There is question as to whether or not this use is compatible with the adjacent land uses. The
impacts of this use may include increased vehicular and foot traffic on Metcalf Road, parking in
undefined areas and blocking the access easement, and potential parking on the adjacent
properties during the evening. It is important to note that there are no pedestrian connections to
this project, which further exacerbates the impact of increased traffic and vehicular use.
Staff has not received any letters from the adjacent property owners concerning this .application.
Various members of the public were present at the May 20, 2003 Commission meeting to
support this application. No public input was received at the August 5ch meeting.
Recommended Motion
Staff recommends denial of the Special Review Use Permit as set forth in Resolution 03-15 for
Lot 13, Block 1, Benchmark at Beaver Creek Subdivision to allow for the operation of a
restaurant and tavern as described in the plans dated July 17, 2003.
If you have any questions regarding this or any other project or community development issue,
please call me at 748-4030, or stop by the Community Development Department.
Respectfully submitted,
Matt Pielsticker
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO.03-15
A RESOLUTION DENYING A SPECIAL REVIEW USE PERMIT
TO ESTABLISH A RESTAURANT AND TAVERN ON LOT 13,
BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION,
TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Dave Svabik, owner of Beaver Creek Automotive, has applied for a special
review use permit to operate a restaurant and tavern, as described in the application
dated July 17, 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 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.
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of
the Town of Avon, Colorado, hereby denies a Special Review Use for a proposed
restaurant and tavern, as described in the application dated July 17, 2003, as stipulated in
Title 17, of the Avon Municipal Code for Lot 13, Block 1, Benchmark at Beaver Creek
Subdivision, Town of Avon, Eagle County, Colorado, based upon the following
findings:
1. That the proposed use does not conform to the Town Comprehensive Plan, particularly
with respect to:
Policy Al. 1 — "Development and redevelopment will be of a scale and
intensity appropriate for the neighborhood in which it is located."
Policy A3.6 — "Encourage mixed -use development throughout the community,
where compatible with existing neighborhoods, to more efficiently use land."
2. The proposed use is not compatible with adjacent uses as planned.
ADOPTED THIS 19th DAY OF AUGUST, 2003
Signed:
Attest:
Chairman
Secretary
Date:
Date:
F:\Planning & Zoning Conunission\Reso1utions\2003\Res 03-15 L13 B1 BMBC SRU Fiascov rec denial.doc
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Post (office '�RoX �
�Uon, lllolorabo 81620
(303) 949-4280
April 29, 1980
Beaver Creek Automotive
P.O. Box 7
Avon, Colorado 81620
Gentlemen:
Thank you for your presentation to the Design Review Board on
April 16, 1980 regarding your special use permit on Lot 13, Block 1
Benchmark Subdivision. You were granted final approval with the
following conditions:
I. No grease be deposited on the site, that the drainage be
positively located in the driveway and no drainage run off
to the south of the property line.
2. The landscaping plan will be submitted to the Board for ap-
proval on the 7th of May, 1980 - this approval is subject
to that approval (landscaping).
3. Only two parking spaces be permitted for storage of auto-
mobiles on the exterior for this particular special use.
4. The method of enforcement, and the Town Attorney's determina-
tion of the legal and most expedient means of enforcement.
5. The special use permit will be reviewed at the Board's first
meeting in October, 1980 for any consideration of any viola-
tions that the Board is aware of at that time.
cc: Keith Troxel
Sincerely,
a
Jerre Sort and
Recording Secretary
Design Review Board
RECEIVED
m v 1 3 2003
Community Development
A
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO.03-07
A RESOLUTION DENYING A SPECIAL REVIEW USE PERMIT
TO ESTABLISH A TAVERN/NIGHTCLUB ON LOT 13, BLOCK 1,
BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF
AVON, EAGLE COUNTY, COLORADO
WHEREAS, Dave Svabik, owner of Beaver Creek Automotive, has applied for a special
review use permit to tavern/nightclub, as described in the application dated March 21,
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 applicar?t 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.
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of
the Town of Avon, Colorado, hereby denies a Special Review Use for a proposed
tavern/nightclub, as described in the application dated March 21, 2003, as stipulated in
Title 17, of the Avon Municipal Code for Lot 13, Block 1, Benchmark at Beaver Creek
Subdivision, Town of Avon, Eagle County, Colorado, based upon the following
findings:
1. That the proposed use does not conform to the requirements as imposed by the Town
Zoning Code, particularly with respect to:
Section 17.24.010 A "Whenever the existing use of a building or structure
shall hereafter be converted to a new use, parking or loading facilities shall be
provided as required for such new use."
Section 17.24.020 C - Off street Parking Requirements "Restaurants - Food
consumed within structure only, outside patio used «; ith a bar or restaurant dry
not require any additional parking. 1 space/60 sq. ft. of seating area."
Section 17,24.020 A - General Off Street Parking R :;quiremenis:
"3. Size and Vertical Clearance. All minimum requirernents as to size,
shape, and design of spaces, aisles and drives shall meet standard town
of Avon specifications."
"4. Access. Except on lots accommodating single-family or duplex
dwellings, each off-street parking space shall open directly upon an
aisle or driveway of a width of twenty-four feet for ninety -degree
parking and design meeting standard town of' Avon specifications"
"Surfacing. All open, off-street parking areas shall be surfaced with
asphaltic concrete, concrete, or other approved hard surface, which
shall be constructed and maintained in accord with specifications of
town engineering department."
2. That the proposed use does not conform to the Town Comprehensive Plan, particularly
with respect to:
Policy Al. I - "Development and redevelopment will be of a scale and
intensity appropriate for the neighborhood in which it is located."
Policy A1.2 "Redevelopment will adhere to the same standards as new
development."
Policy A3.6 - "Encourage mixed -use development throughout the community,
where compatible with existing neighborhoods, to more efficiently use land."
Subarea 4: Metcalf Road Light Industrial District design recommendation -
"Encourage new development that ... provides for proper on -site parking and
circulation."
3. The proposed use is not compatible with adjacent uses as planned.
ADOPTED THIS 20th DAY OF AM Y, 2003
Sign r— (0
�
Date: S
Chairman
Attest:
IAIV2� Date: 5 go d�
ItF.RIi;iv iJ� , Secretary
PTIanning & Zoning Commission\Resolutions\2003\Res 03-07 L13 BI BMBC SRU Fiasco.doc