Loading...
PZC Packet 012186At^ ^0"'1 STAFF REPORT TO PLANNING & ZONING COMMISSION - 1/21/86 Lot 23, Block 1, Benchmark at Beaver Creek (Wolff Warehouse) Special Review Use Retail Sales, IC Zone District Beaver Track and Trail, Inc. Continued from 1/7/86 Regular Meeting Public Nearing INTRODUCTION: Action on this application was continued at the December 17, 1985 and January 7, 1986 Planning and Zoning Commission meetings to allow possible resolution of a parking shortage on the site. At Staff's suggestion, the owner of the site has submitted a site plan showing on-site parking adjacent to Nottingham Road. The proposed plan shows piping of the Nottingham Road drainage ditch and paving the area between the edge of the existing pavement and the building. This would result in the addition of 9 parking spaces for a total of 25 spaces on the site. STAFF COMMENTS: The review of this application is now a combination of Special Review Use, Variance and Design Review. The Special Review Use is for the proposed uses on the site. The Design Review is for the site plan revisions necessary to meet the required parking requirements for the Special Review Use. The variance is to allow parking within the front 10 feet of the front yard. Staff comments are broken down per each of the individual actions. DESIGN REVIEW: Staff recommends installation of a catch basin at the intersection of Metcalf and Nottingham Road along with piping the entire length of ditch from Metcalf Road to existing entrance to property; Staff recommends parking spaces be perpendicular to Nottingham Road rather than building. This will lessen impact on existing greenspace, provide better grading transition and provide better Darking angle; Staff recommends minimum distance of 30 feet from southeasterly lot corner to first parking space to maintain adequate space from intersection to parking; 4. Detailed plans showing grading, drainage and materials must be submitted and approved prior to start of construction. Staff Report to Planning & Zoning Commission - 1/21/86 Lot 23, Block 1, Benchmark at Beaver Creek (Wolff Warehouse) Special Review Use Retail Sales, IC Zone District Beaver Track and Trail, Inc. Continued from 1/7/86 Regular Meeting Public Bearing Page 2 of 5 SPECIAL REVIEW USE: The Planning and Zoning Commission shall approve or deny Special Review Use requests after considering certain factors, including but not limited to: A. The adequacy of access to the site with respect to the width of the adjacent streets, their grades, intersection safety, visibility and entrance into the lot to be developed; Comment: Staff feels this item has been satisfactorily addressed subject to the above comments under Design Review. B. Whether there exists safe access and sufficient water pressure to provide fire protection; Comment: Staff feels this item is satisfactory . C. The existant water pressure in the area and the ability of the water system to supply domestic needs; Comment: Available information indicates the proposed use would have an insignificant impact on the water system. D. Whether there will be provided sufficient off-street parking as determined by: 1. The intended use of the property; 2. Walking distance to the downtown area; 3. The availability of public transportation; Comment:_ a. Public transportation is not available to the site at this time; b. The site is not generally considered to be within walking distance of the downtown area; c. Subject to approval of the proposed site plan, minimum parking requirements would be met for the project; Benchmark Cleaners @ 1/800 2,52.0 sq.ft. 3.15 Spaces Blue Steel Gun Shop @ 3/1000 2,520 sq.ft. 7.56 Spaces Proposed Track & Trail @ 3/1000 1,666 sq.ft. 4.98 Spaces Office Space (Vacant) @ 3/1000 1,300 sq.ft. 3.90 Spaces Warehouse Space (Vacant) @ 1/800 3,374 sq.ft. 4.22 Spaces Minimum Parking Spaces Required 23.81 Available Parking with Proposed Site Plan 25 Spaces Staff Report to Planning & Zoning Commission - 1/21/86 Lot 23, Block 1, Benchmark at Beaver Creek (Wolff Warehouse) Special Review Use Retail Sales, IC Zone District Beaver Track and Trail, Inc. Continued from 1/7/86 Regular Meeting Public Hearing Page 3 of 5 VARIANCE: The proposed site plan would require a variance from Section 17.24.020 of the Avon Municipal Code. This section prohibits parking in the front 10 feet of the required front yards. Before acting on a variance application, the Commission shall consider the following factors: 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 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; C. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, and public facilities and utilities, and public safety; D. Such other factors and criteria as the Commission deems applicable to the proposed variance. The Commission shall make the following written findings before granting a variance: A. 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; 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; 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 objectives of this title; Staff Report to Planning & Zoning Commission - 1/21/86 Lot 23, Block 1, Benchmark at Beaver Creek (Wolff Warehouse) Special Review Use Retail Sales, IC Zone District Beaver Track and Trail, Inc. Continued from 1/7/86 Regular Meeting Public Hearing Page 3 of 5 s VARIANCE_ The proposed site plan would require a variance from Section 17.24.020 of the Avon Municipal Code. This section prohibits parking in the front 10 feet of the required front yards. Before acting on a variance application, the Commission shall consider the following factors: 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 enforcements of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives os this title without grant of special privilege; C. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, and public facilities and utilities, and public safety; D. Such other factors and criteria as the Commission deems applicable to the proposed variance. The Commission shall make the following written findings before granting a variance: A. 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; 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; 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 objectives of this title; 0" Staff Report to Planning & Zoning Commission - 1/21/86 Lot 23, Block 1, Benchmark at Beaver Creek (Wolff Warehouse) Special Review Use Retail Sales, IC Zone District Beaver Track and Trail, Inc. Continued from 1/7/86 Regular Meeting Public Hearing Page 4 of 5 VARIANCE, CON'T.: C. 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 would deprive the applicant of privileges enjoyed by owners of other properties in the same district. The following may be pertinent to the above findings and considerations: Comment: 1. The particular regulation from which the variance is requested was enacted after most of the existing projects in this zone district were developed. Consequently, encroachment into the front yard setback is common in this zone district; 2. This would be the first location where parked vehicles would be required to back into the street to exit the parking spaces; 3. Plottingham Road is dead-end in this area, with limited potential for development and consequently, limited traffic. RECOMMENDED ACTION: 1. Introduce application; 2. Staff presentation; 3. Applicant presentation; 4. Public Hearing (Continued from 1/7/86); 5. Commission review and action: a. Site plan review; b. Variance review (make required findings for action); c. Special Review Use. (Decision based upon site plan review, variance determination and Special Review Use criteria). s s 1 •; Staff Report to Planning & Zoning Commission - 1/21/86 Lot 23, Block 1, Benchmark at Beaver Creek (Wolff Warehouse) Special Review Use Retail Sales, IC Zone District Beaver Track and Trail, Inc. Continued from 1/7/86 Regular Meeting Public Hearing Page 5 of 5 STAFF RECOMMENDATIONS: If the Commission makes the required findings and determinations for granting the Special Review Use request, Staff recommends the approval be contingent upon: 1. The submittal of detailed site plans for Staff review and approval prior to start of construction; 2. The detailed plans include installation of a catch basin at the intersection of Metcalf and Nottingham Roads with storm sewer (pipe) connecting the two existing culverts; 3. The approval is effective with the completion of the proposed improvements or the provision of assurances, satisfactory to Town Staff and Town Attorney, that the required improvements will be completed no later than July 1, 1986. Respectfully Submitted, N6rm Wood Director of Engineering and Community Development Planning and Zoning Action: Approved as Submitted ( ) Approved with Recommended Conditions ( )4' Approved with Modified Conditions ( ) Continued ( ) Denied ( ) Withdrawn ( ) Date ��/��f� Patricia Cuny,, Secretary / ��"3 _- ., � '.iii' .11. _ice _ _ �•��!•r � i�� � � NW/mml STAFF REPORT TO PLANNING R ZONING COMMISSION - 1/21/86 Lot 23, Block 1, Benchmark at Beaver Creek (Wolff Warehouse) Beaver Track and Trail, Inc. Sign Design Review - IC Zone District Continued from 1/7/86 Regular Meeting INTRODUCTION: This application was continued from the December 17, 1985 and January 7, 1986 Planning and Zoning Commission meetings. Action on this application is partially dependent upon the Special Review Use request which would permit Beaver Track and Trail, Inc. to locate in, the project. The proposed 18 square foot sign is over the 12 square feet allowed per individual business in a multiple business project. This additional 6 square feet could be allowed through an approved sign program or by a committment from the owner of the project to restrict total signage for the project to the maximum allowable. STAFF COMMENTS: In order to expedite this matter, Staff recommends the Commission review the proposed sign on its own merits and approve or disapprove accordingly. If the sign is approved, the following conditions of approval are recommended: 1. Approval is contingent upon final approval of the Special Review Use request, including compliance with all conditions of approval, for the proposed Beaver Track and Trail, Inc.; 2. Approval is contingent upon submittal of an approved sign program or a letter of committment from the owner of the project, that total signage for the building will not exceed the maximum allowable. RECOMMENDED ACTION: 1. Introduce application; 2. Staff presentation; 3. Applicant presentation; 4. Commission review and action. Respectfully Submitted,,, Norm Wood Director of Engineering and Community Development Staff Report to Planning & Zoning Commission - 1/21/86 Lot 23, Block 1, Benchmark at Beaver Creek (Wolff Warehouse) Beaver Track and Trail, Inc. Sign Design Review - IC Zone District Continued from 1/7/86 Regular Meeting Page 2 of 2 Planninq and Zoning Action: Approved as Submitted ( ) Approved with Recommended Conditions (XI Approved with Modified Conditions ( ) Continued ( ) Denied ( ) Withdrawn ( ) Date Patricia C.ny, Secretary V62�49� ,d•Dn O NW/mml STAFF REPORT TO PLANNING & ZONING COMMISSION - 1/21/86 Lot 33, Block 1, Benchmark at Beaver Creek Barshop Building Variance Request - To Allow Parking within 10 Feet of Nottingham Road Right -of -Way Public Hearing INTRODUCTION: The applicant, Warren & Peel Architects, representing the owner of Lot 33, Block 1, Benchmark Subdivision, has requested a variance: to allow parking within 10 feet o� the Nottingham Road right-of-way. Section 17 24 020 Off -Street Parking. (A) General Requirements. 1. Location. Off-street parking spaces, including the adjacent area used for turning movements necessary to enter or leave the parking spaces when open to the sky, may be located in any yard except the front 10 feet of the required front yards, and unless otherwise specifically restricted by this Chapter. Section 17.36.020, Application - Property Posting - Public Hearing, and Section 17.36.030, Application - Contents, ha•:e been complied with and the Planning and Zoning Commission is left with the Public Hearing, Approval Criteria (Section 17.36.040) and Findings Required (Section 17.36.050). Section 17.36.040 Approval Criteria, states: Before acting on a variance application, the design review board shall consider the following factors with respect to the requested variance: 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 enforcements of a specified regulation is necessary to achieve compati- bility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege; C. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, and public facilities and utilities, and public safety; D. Such other factors and criteria as the board deems applicable to the proposed variance. (Ord. 81-9 SIM). Staff Report to Planning & Zoning Commission - 1/21/86 Lot 33, Block 1, Benchmark at Beaver Creek Barshop Building Variance Request - To Allow Parking within 10 Feet of Nottingham Road Right -of -Way Public Hearing Pare 2 of 4 Section 17 36.050 Findings Required, States: The Planning and Zoning Commission shall make the following written findings before granting a variance: A. 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; 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; 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; 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 would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. (Ord. 81-9 S1(e)). STAFF COMMENTS: Questions related specifically to the variance request: 1. Has the developer shown undue hardship that would be caused by not granting the variance? 2. By granting the variance, does this constitute a special privilege inconsistent with limitations on other properties in the same district? 3. If the variance is granted, will it be materially injurious to properties in the vicinity? Staff Report to Planning & Zoning Commission - 1/21/86 Lot 33, Block 1, Benchmark at Beaver Creek Barshop Building Variance Request - To Allow Parking within 10 Feet of Nottingham Road Right -of -Lay Public Hearing Pane 3 of 4 STAFF COMMENTS, CON'T.: 4. Has the developer shown that the variance is warranted for one of more of the following reasons: 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 the 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? RECOMMENDED PROCEDURE: 1. Introduce variance request; 2. Presentation by applicant; 3. Staff comments; 4. Public hearing; 5. Commission's review of criteria and findings required for approval of the variance; 6. Formulate action to be taken by the Commission. Respectfully Submitted, Ai ht ing Technician Staff Report zo Planning & Zoning Commission - 1/21/86 Lot 33, Block 1, Benchmark at Beaver Creek Barshop Building Variance Request - To Allow Parking within 10 Feet of No-tingham Road Right -of -Way Public Hearing Page 4 of 4 Planning & Zoning Action: Approved as Submitted (Y) Approved with Recommended Conditions ( ) Approved with Modified Conditions ( ) Continued ( ) /Denied ( ) Withdrawn ( ) p /' Date _ / v7 0 Patricia CunY Secretary RW/mml