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PZC Packet 090490STAFF REPORT TO THE PLANNING AND ZONING COMMISSION September 4, 1990 Lot 23, Block 1, Benchmark at Beaver Creek Dan Shelton for the Bargin Barn Sign Design Review INTRODUCTION Dan Shelton, on behalf of the Bargin Barn, is requesting design review approval of a new sign on Lot 23, Block 1, Benchmark at Beaver Creek Subdivision (Wolff Warehouse). The sign is proposed to be 4' x 5' (20 square feet) and located on the east face of the building above the entry doors as shown on the elevation drawings provided. The applicant has indicated that the sign will he 3/4" sign board painted with enamel sign paint and covered with a clear sealer. The sign will be indirectly illuminated. Proposed colors will be presented at the meeting. On June 27, 1985, the Planning and Zoning Commission approved a 15 foot square foot sign for Blue Steel Gun Shop, Inc., who occupied the same space now used by the Bargin Barn. A few years later, while reviewing a sign request for another business in the Wolff Warehouse, the Planning and Zoning Commission's approval included the condition that "all signage for the Wolff Warehouse be reviewed and approved by th- planning and Zoning Commission". F COMMENTS Staff recommends that the Commission review this submittal in conjunction with the following Sign Design Guidelines and Review Criteria. SECTION 15.28.060. Sign Design Guidelines A. Harmonious with Town Scale. Sign location, configuration, design, materials, and colors shouid be harmonious with the existing signs on the structure, with the neighborhood, and with the townscape. B. Harmonious with Building Scale. The sign should be harmonious with the building scale, and should not visually dominate the structure to which it belongs or call undue attention to itself. C. Materials. Quality sign materials, including anodized metal; routed or sandblasted wood, such as rough cedar or ra,dwood; interior -lit, individual plexiglass -faced letters; or three dimensional individual letters with or without indirect lighting, are encouraged. STAFF REPORT September 4, Page 2 of 5 TO THE PLANNING AND ZONING COMMISSION 1990 Lot 23, Block 1, Benchmark at Beaver Creek Dan Shelton for the Bargin Barn Sign Design Review Sign materials, such as printed plywood, interior -lit box -type plastic, and paper or vinyl stick -on window signs are discouraged, but may be approved, however, if determined appropriate to the location, at the sole discretion of the Commission. D. Architectural Harmony. The sign and its supporting structure should be in harmony architecturally, and in harmony in color with the surrounding structures. E. Landscaping. Landscaping is required for all free-standing signs, and should be designed to enhance the signage and surrounding building landscaping. 1. A minimum of five lineal feet out from, and around the perimeter of, the sign shall be landscaped. F. Reflective Surfaces. Reflective surfaces are not allowed. G. Lighting. Lighting should be of no greater wattage than is necessary to make the sign visible at night, and should not reflect unnecessarily onto adjacent properties. Lighting sources, except neon tubing, should not be directly visible to passing pedestrians or vehicles, and should be concealed in such a manner that direct light does not shine in a disturbing manner. H. Location. On multi -story buildings, individual business signs shall generally be limited to the ground level. (Ord. 86-3 1(part)). SECTION 15.28.070 Design Review Criteria In addition to the Sign Design Guidelines listed above, the Planning and Zoning Commission mall also consider the following criteria while reviewing proposed designs: A. The suitability of the improvement, including materials with which the sign is to be constructed and the site upon which it is to be located; COMMENT: The sign design guidelines encourage routed or sandblasted wood signs. Painted plywood signs are STAFF REPORT TO THE PLANNING AND ZONING COMMISSION September 4, 1990 Page 3 of 5 Lot 23, Block 1, Benchmark at Beaver Creek Dan Shelton for the Bargin Barn Sign Design Review discouraged, but may be approved if determined appropriate to the location. B. The nature of adjacent and neighboring improvements; COMMENT: The Deep Rock Warehouse to the west (Lot 24) displays two back -lit anodized metal box signs, which are 36 square feet and 28 square feet in size. The signage approved -For the Avon Self Storage building (Lot 25) to the west included white letters on a soft back -lit strip. The approved size of the individual letters was 1.5' x 1' and extending 17' in length or approximately 25 square feet in size. The Mountain Center building (Lots 26/27) signs are 2' x 14' or 28 square feet each. These signs are back -lit, bronze cabinet signs with frosted plexi -glass lenses. Columbine Moving and Storage, which is in the Wolff Warehouse next door to the Bargin Barn, has two (18 square feet and 24 square feet) anodized metal box signs. C. The quality of the materials to be utilized in any proposed improvement; COMMENT: The quality of the materials to be utilized appears to be acceptable. D. The visual impact of any proposed improvement, as viewed from any adjacent or neighboring property; COMMENT: The proposed signs would not appear to have a substantially negative visual impact as viewed from adjacent or neighboring property. E. 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. COMMENT: It would not appear that the proposed signage would negatively effect the values of surrounding properties. F. Whether the type, height, size, and/or quantity STAFF REPORT September 4, Page 4 of 5 TO THE PLANNING AND ZONING COMMISSION 1990 Lot 23, Block 1, Benchmark at Beaver Creek Dan Shelton for the Bargin Barn Sign Design Review of signs generally complies with the sign code, and are appropriate for the project. COMMENT: With the possible exception of sign type (plywood) the proposed sign generally appears to comply with the Avon sign code. Section 15.28.080 (sign allowance) of the Avon Sign Code allows each individual business within a multiple business center a maximum of 20 square feet of sign area. G. Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is appropriate for the determined orientation. COMMENT: vehicular traffic. STAFF RECOMMENDATIONS This sign is primarily oriented to Staff recommends approval of the 20 square foot Bargin Barn sign with the condition that the Planning and Zoning Commission consider the appropriatness of the proposed sign type at that particular location. RECOMMENDED ACTION 1. Introduce Application 2. Applicant Presentation 3. Commission Review 4. Commission Action Res ctfully submitted, Jim Curnutte Planner STAFF REPORT TO THE PLANNING AND ZONING COMMISSION September 4, 1990 Page 5 of 5 Lot 23, Block 1, Benchmark at Beaver Creek Dan Shelton for the Bargin Barn Sign Design Review PLANNING AND ZONING ACTION Approved as submitted ( ) Approved with Recommended Conditions ( ) Approved with Modified Conditions (t Continued ( ) Denied ( ) Withdrawn Date9 x/-90 Terri Jeppson, Secretary ^ The Commission c Creek. Dan Shelton for the Pargin Barn cinnaq with the end4t4on that the letters on the sign be raised and attached to the sj-gn,_st ill - painted as presented, and that a banding detail that would cover the edge of the perimeter of the plywood sign be applied. __ STAFF REPORT TO THE PLANNING AND ZONING COMMISSION September 4, 1990 Lot 63, Block 2, Benchmark at Beaver Creek Grand On Avon Landscaping Design Review INTRODUCTION The Grand on Avon partnership has retained Broken Branch Tree Farms, Inc. to design and construct a landscape plan for the project. This landscape plan entails the final step in the design review process that has overseen the transition from the Peregrine to the Grand on Avon project. This process has included architectural building revisions, the addition of a porte cochere entry, the construction of the west parking area, building color and now, the final landscape plan. This landscape program is concentrated on the south side of the building, addressing the new entry and porte cochere; and along the west end of the building, where a joint use parking lot is being constructed on Town of Avon property. The landscape plan is designed to provide a significant aesthetic impact, in both summer and winter seasons. The design incorporates plant systems and efficient irrigation methods to ensure long term survival. Plant materials are compatible with this environment. A plant list and statement from the applicant is included for your review. STAFF RECOMMENDATION Staff recommendation is for approval of the requested landscape program. Respectfull,, submitted, Rick Pylman Director of Community Development PLANNING AND ZONING ACTION Approved as submitted (Approved with Recommended Conditions ( ) Approved with modified conditions ( ) Continued ( ) Den'!d ) Withdr_awn ( ) Date 0/7/— 9E—, Terri Jeppson, Secretary U _ The Commission granted approval to the landsca a Avon, Lot 63, Block 2, Benchmark at Beaver Creek as submitted. STAFF REPORT TO THE PLANNING AND ZONING COMMISSION September 4, 1990 Lot 24, Block 1, Benchmark at Beaver Creek Carpet, Paint and Interiors (CPI) Variance from Minimum Parking Requirements Public Hearing INTRODUCTION Tom Backhus and Richard Kaas (owner of CPI) are requesting a variance to allow for a reduction in the minimum number of parking spaces required on Lot 24, Block 1, Benchmark at Beaver Creek Subdivision. CPI is currently leasing 5,600 square feet of the 10,400 square foot Deep Rock building for use as a warehouse and a limited retail outlet. Since the retail portion of CPI's operation is not a use by right in the Industrial and Commercial (I/C) Zone District, they have applied to the Town for Special Review Use approval to conduct such an activity. The problem, however, is that CPI cannot provide the minimum number of parking spaces required according to Avon's strict interpretation of the Town's parking standards. During the design review phase of development on Lot 24 (July 16, 1989) the applicant stated that the intended use of the building was 10,000 square feet of warehouse (1 space/800 square feet or 12.5 parking spaces required) and 1,350 square feet of office space (3 spaces/1000 square feet or 4.05 parking spaces required). Based on this representation of the buildings use, 17 parking spaces were required to be provided on the lot. Of the 17 spaces, six were requireo to be assigned to the 4,800 square foot Deep Rock warehouse. The remaining 11 spaces were then available for use by whomever Deep Rock chose to lease the remaining space to. Immediately upon receiving a certificate of occupancy for the building, Deep Rock leased its remaining vacant space to CPI. CPI has indicated that the primary objective of their warehouse is to receive inventory and warehouse large quantities of products sold at their Eagle -Vail store. Their second objective, however, is to allow the general public to walk through the building and make retail purchases in a warehouse atmosphere. Section 17.24.020 (Off-street Parking and Loading) of the Avon Town Code allows parking facilities for separate uses to be provided collectively, as evidenced by the original parking calculation for this lot (12.5/warehouse and 4.05/office = 17). The key words in this section are "separate uses". As mentioned above, CPI does not wish to separate the retail portion of the business from the warehouse portion, but rather allow the public to browse STAFF REPORT September 4, Page 2 of 5 TO THE PLANNING AND ZONING COMMISSION 1990 Lot 24, Block 1, Benchmark at Beaver Creek Carpet, Paint and Interiors (CPI) Variance from Minimum Parking Requirements Public Hearing through and make purchases directly from the warehouse. Avon's parking regulations do not include a catagory for calculating the required number of parking spaces for this type of business. If calculated in strict accordance with the regulations (5,600 square feet of retail area) the number of parking spaces required for CPI would be 23 (4 spaces/1000 square feet GLFA). CPI contends that they have a hardship based on the fact that Avon's parking regulations do not adequately address parking requirements for their type of use (combination of retail and warehouse). In addition, CPI has provided a letter from Deep Rock which states that they only use three of the six parking spaces assigned to them. Section 17.24.020 (B) states: "If, for any reason, the classification of any use for the purpose of determining the amount of off-street parking, or the number of spaces to be provided by such use is not readily determinable hereunder, the parking requirements of such use or the number of spaces to be provided shall be determined by the zoning administrator, after recommendation by appropriate town departments, based upon the most similar uses for which specific requirements are provided". The applicants have requested that the Town consider using an average between the retail parking requirement and the warehouse parking requirement to calculate the number of spaces required for the business. The average is determined as follows: Retail = 1 space/ 250 square feet = 1 space/525 square feet Warehouse = 1 space/800 square feet Based on this formula the number of parking spaces required is 11 spaces. Staff feels that the parking formula suggested by the applicant is reasonable to use in this specific case. Although the Zoning Administrator has the ability to approve the formula administratively, insufficient information exists at this time to determine if it should be an adopted standard. Therefore, staff feels that the most appropriate forum for consideration of the applicant's request is through review of this parking variance application. STAFF REPORT September 4, Page 3 of 5 TO THE PLANNING AND ZONING COMMISSION 1990 Lot 24, Block 1, Benchmark at Beaver Creek Carpet, Paint and Interiors (CPI) Variance from Minimum Parking Requirements Public Hearing STAFF COMMENTS Before acting on a variance application, the Commission shall consider the following factors with respect to the requested variance: SECTION 17.36.40 Approval Criteria A. The relationship of the requested variance to other existing or potential uses and structures in the vicinity; STAFF RESPONSE: Although this variance, if approved, would have a negligible affect on existing and potential uses in the vicinity, it could impact potential uses on this lot. It should be made very clear that if the variance is approved it is very specific to CPI's present use of the building. In other words, CPI cannot intensify the retail portion of the business no- can u,y Flture tenant use the space for a retail use dissimilar than that currently used by CPI. 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. STAFF RESPONSE: It would appear that the objectives of the Town's parking requirements would be attained by utilizing the applicants suggested compromise parking formula (1 space/525 sq. ft.). CPI has been using the space as described previously without experiencing a parking problem. 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; STAFF RESPONSE: It would not appear that the variance, if granted, would have a negative effect on light and air, distribution of population, transportation and STAFF REPORT September 4, Page 4 of 5 TO THE PLANNING AND ZONING COMMISSION 1990 Lot 24, Block 1, Benchmark at Beaver Creek Carpet, Paint and Interiors (CPI) Variance from Minimum Parking Requirements Public Hearing traffic facilities, public facilities and utilities or public sarety. SE,.'TION 17.36 50 Findings Required 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 of 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 vzriance 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. STAFF RECOMMENDATION Staff recommends approval of the parking variance request to allow CPI to calculate their parking requirements based on a formula of 1 parking space per 525 square feet of GLFA with the following condition: Any change in the intensity of retail activity in STAFF REPORT TO THE PLANNING AND ZONING COMMISSION September 4, 1990 Page 5 of 5 Lot 24, Block 1, Benchmark at Beaver Creek Carpet, Paint and Interiors (CPI) Variance from Minimum Parking Requirements Public Hearing the 5,600 square foot space, either by CPI or a future tenant must be reviewed and approved by the Avon Planning and Zoning Commission. RECOMMENDED ACTION 1. Introduce Application 2. Applicant Presentation 3. Open Public Hearing 4. Close Public Hearing 5. Commission Review 6. Commission Action Respectfully submitted, JIM Curnutte Planner PLANNING AND ZONING ACTION Approved as submitted ( -,/Approved with recommended conditions ( ) Approved with modified conditions ( i Continued ( ) Denied ( ) Withdrawn ( ) Date �- q 9L Terri Jeppson, Secretary ) The Commission adopted Planning and Zoning Commissi Res 1 tion 90-13 granting the variance permitting the minimum parking requirements to be calculated based on a formula of one parking space per 525 square feet of Gross Leasable Floor Area, citing the variance is warranted since the rso strict literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of that regulation. TOWN OF AVON PLAT!NING AND ZONING COMMISSION RESOLUTION NO. 90 - 13 SERIES OF 1990 A RESOLUTION GRANTING A VARIANCE FROM THE OFF-STREET PARKING AND LOADING REGULATIONS AS STIPULATED IN TITLE 17 OF THE AVON MUNICIPAL CODE FOR LOT 24, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Richard Kaas, on behalf of Deep Rock Water Company, Inc., owners of Lot 24, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado, has applied for a variance to allow Carpet, Paint and Interiors' minimum parking requirement to be calculated based on a formula of 1 parking space per 525 square feet of Gross Leasable Floor Area; and WHEREAS, the Planning and Zoning Commission has held a public hearing on the variance application and has determined: 1. The vari•,nce is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity; and 2. Approval of the variance will not constitute a grant of special privilege; and 3. The requested variance will have no detrimental effect on light and air, distribution of population, transportation and traffic facilities, and public facilities and utilities, and public safety; and WHEREAS, the Planning and Zoning Commission finds: That the variance is warranted for the following reason: The strict literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of that regulation. A RESOLUTION GRANTING A VARIANCE FROM THE OFF-STREET PARKING AND LOADING REG'OLATIONS AS STIPULATED IN TITLE 17 OF THE AVON MUNICIPAL CODE FOR LOT 24, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Richard Kaas, on behalf of Deep Rock Water Company, Inc., owners of Lot 24, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado, has applied for a variance to allow Carpet, Paint and Interiors' minimum parking requirement to be calculated based on a formula of 1 parking space per 525 square feet of Gross Leasable Floor Area; and WHEREAS, the Planning and Zoning Commission has held a public hearing on the variance application and has determined: 1. The variance is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity; and 2. Approval of the variance will not constitute a grant of special privilege; and 3. The requested variance will have no detrimental effect on light and air, distribution of population, transportation and traffic facilities, and public facilities and utilities, and public safety; and WHEREAS, the Planning and Zoning Commission finds: That the variance is warranted for the following reason: The strict literal inte-pretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of that regulation. '%, fo%, NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission of the Town of Avon, Colorado, hereby, approves a variance permitting Carpet, Paint and Interiors' minimum parking requirements to be calculated based on a formula of 1 parking space per 525 square feet of Gross Leasable Floor Area for Lot 24, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado, with the following condition: 1. Any change in the intensity of retail activity in the 5,600 square foot space, either by CPI or a future tenant, must be reviewed and approved by the Avon Planning and Zoning Commission. APPROVED THIS G DAY OF ir- �G r , 1990. Terri Jeppson, Secretary Frank Doll, C firman 401 •1 4M' STAFF REPORT TO THE PLANNING AND ZONING COMMISSION September 4, 1990 Lot 24, Block 1, Benchmark at Beaver Creek Carpet, Paint and Interiors (CPI) Application for Retail Sales in I/C Zone District Special Review U-�e Public Hearing INTRODUCTION Tom Backhus and Richard Kaas (owner of CPI) are requesting approval of a Special Review Use to conduct retail sales on Lot 24, Block 1, Benchmark at Beaver Creek Subdivision. Lot 24 is zoned Industrial and Commercial (I/C). The allowed uses in the I/C Zone District include warehouse, laboratories, electrical substations, light manufacturing plants, wholesale sales outlets, showrooms, industrial, construction and wholesale offices and accessory buildings. Retail sales outlet is listed as a Special Review Use. The existing building on Lot 24 is approximately 10,400 square feet in size. Deep Rock Water Company, Inc. owns the building and occupies approximately 4,800 square feet of the west half of the building. The remaining 5,600 square feet of the buildin4 is currently being leased to CPI. There are 17 parking spaces on the property, although striping has yet to be completed. Six of the spaces are allocated to the Deep Rock Warehouse. The remaining li spaces are available for use by CPI. STAFF COMMENTS The Planning and Zoning Commission and Town Council shall consider the following criteria while reviewing a Special Review Use application. 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: The above listed criteria has already been determined to be acceptable during the design review phase of the Deep Rock building's development. The proposed special review use will not negatively affect this criteria. B. Whether there exists safe access and sufficient water pressure to provide fire protection. COMMENT: Access to, and water pressure on this lot are sufficient for fire protection purposes. C. The existent water pressure in the area and the ability of the water system to supply domestic needs. STAFF REPORT TO THE PLANNING AND ZONING COMMISSION September 4, 1990 Page 2 of 6 Lot 24, Block 1, Benchmark at Beaver Creek Carpet, Paint and Interiors (CPI) Application for Retail Sales in I/C Zone District Special Review Use Public Hearing COMMENT: Staff sees no conflict with this criteria. 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, and 3. the availability of public transportation. COMMENT: Since the walking distance from downtown Avon to this property is approximately 1 1/4 miles and public transportation to this area is currently unavailable, sufficient on-site parking to accomodate the proposed retail use is critical. During the design review phase of development on Lot 24 (July 18, 1989) the applicant stated that the intended use of the building was 10,000 square feet of warehouse (12.5 parking spaces required) and 1,350 square feet of office space (4.05 parking spaces required). Based on this representation of the building's use 17 parking spaces were required to be provided on the Lot. Of the 17 spaces, six were required to be assigned to the 4,800 square foot Deep Rock Warehouse. The remaining 11 spaces were then available for use by whomever Deep Rock chose to lease the remaining space to. Immediately upon receiving a certificate of occupancy for the building, Deep Rock leased its remaining vacant space to Carpet, Paint and Interiors. CPI has indicated that the primary objective of their warehouse is to receive inventory and warehouse large quantities of products sold at their Eagle -Vail store. Their second objective, however, is to allow the general public to walk through the building and make retail purchases in a warehouse atmosphere. Based upon the applicant's intended use of their portion of the building (5,600 square feet of retail area), the required number of parking spaces necessary is 23 (4 space/1,000 square feet GLFA). Since it is not physically possible for the applicant to provide 23 parking spaces on the site, they have applied for a parking variance in conjunction with this Special Review Use application. CPI's contention is that they have a hardship based on the fact that Avon's parking regulations do not adequately address parking requirements for their type of u;e (combination of retail and warehouse). In addition, CPI has provided a letter from Deep Rock which states that they only use three of the six parking spaces assigned to them. STAFF REPORT TO THE PLANNING AND ZONING COMMISSION September 4, 1990 Page 3 of 6 Lot 24, Block 1, Benchmark at Beaver Creek Carpet, Paint and Interiors (CPI) Application for Retail Sales in I/C Zone District Special Review Use Public Hearing Unless the applicant's parking variance request is approved, this special review use request will not comply with the current Town regulations. E. The impact of the development, considering the potential for stream and air pollution, the availability of public transportation and other public or private services, and any other factors affecting the overall development and the surrounding areas, including but not limited to building height, view plane, drainage and other physical and aesthetica) features. COMMENT: The impacts associated with the proposed special use (limited retail sales in the I/C Zone district) would not appear to have a negative affect on the existing stream and air condition, the availability of public transportation, or other public or private services. The applicant, however, has not adequately addressed staff's concerns regarding the frequency and conduct of temporary "sales" at the store. The placement of merchandise outside the building and a prolifiration of banners on the building would certainly have an affect on the character of the area. The applicant should discuss his intentions in more detail at the meeting. SECTION 17.20.020 (B) of the Avon Town Code requires that the Planning and Zoning Commission and the Town Council make the following findings in considering the suitability of the spocial review use application: 1. Whether the proposed use otherwise complies with all requirements imposed by the zoning code; 2. Whether the proposed use is consistent with the objectives and purposes of this zoning code and the applicable zoning district; and 3. Whether the proposed use is designed to be compatible with surrounding land uses and uses in the area. COMMENT: 1. If the accompanying parking variance request is approved, the proposed use will be in compliance with the objectives and purposes imposed by the zoning code. ST4FF REPORT TO THE PLANNING AND ZONING COMMISSION September 4, 1990 Page 4 of 6 Lot 24, Block 1, Benchmark at Beaver Creek Carpet, Paint, and Interiors (CPI) Application for Retail Sales in the I/C Zone District Special Review Use Public Hearing It should be pointed out however, that the owners of Lot 24 (Deep Rock Water Company) are currently in violation of portions of the Avon Zoning Code. These violations are as follows: A. The required 17 parking spaces have not been delineated with yellow striping as required by Section 17.24.020 of the Avon Town Code. B. During the design review phase of development on Lot 24, Staff was concerned that no provision for trash storage was shown on the site plan. The applicants responded to this concern by stating that "trash dumpsters will be kept indoors", thereby negating the need to show them on the site plan. A site inspection has revealed that an unenclosed trash dumpster has been placed in the parking lot in a location that obstructs two of the required parking spaces. 2. The proposed use appears to be consistent with the objectives and purposes of the zoning code and the applicable zone district. The I/C zone district specifically lists retail sales outlet as a use which may be appropriate within the zone, contingent upon a special review use. 3. Staff feels that the proposed use will be compatible with surrounding land uses and uses in the area. The applicant should discuss his intentions regarding the placement of merchandise outside and the use of "sale" banners. STAFF RECOMMENDATION Staff recommends approval of the proposed special review use application with the following conditions: 1. Approval of the accompanying parking variance application. 2. Completion of parking lot striping. 3. Relocation of the trash dumpster (inside the building) which is currently obstructing parking spaces. STAFF REPORT TO THE PLANNING AND ZONING COMMISSION September 4, 1990 Page 5 of 6 Lot 24, Block 1 Benchmark at Beaver Creek Carpet, Paint and Interiors (CPI) Application for Retail Sales in the I/C Zone District Special Review Use Public Hearing 4. Limitations on the frequency and impacts of merchandise "sales". 5. The special use approval should be specific to CPI's expressed use of the building (warehouse with limited retail sales) at this time. Any change in use from that specifically authorized by this approval should come back to the Planning and Zoning Commission for review and approval. This SRU may be reviewed and revoked by the Planning and Zoning Commission within one year of date of approval if, in the determination of the Commission, the parking impacts associated with retail sales are not being adequately handled on site. RECOMMENDED ACTION Presentation of Application 2. Applicant's Presentation 3. Open Public Hearing 4. Close Public Hearing 5. Commission Review 6. Commission Action Respectfully submitted, Jim Curnutte Planner 10*N llft� �. STAFF REPORT TO THE PLANNING AND ZONING COMMISSION September 4, 1990 Page 6 of 6 Lot 24, Block 1, Benchmark at Beaver Creek Carpet, Paint and Interiors (CPI) Application for Retail Sales in I/C Zone District c'pecial Review Use Public Hearing PLANNING AND ZONING ACTION Approved as submitted ( ) Approved with Recommended Conditions ( ) Approved with Modified Conditions ( Continued ( ) Denied ( ) Withdrawn ( ) Date - Terri Jeppson, Secretary The Commission adopted Planning and Zoning Commission of tion 90-12 recommending to the Twon Council approval of the Special Review Use for Lot 24, Block 1, Benchmark at Beaver Creek, allowing retail sales in the Industrial/Commercial Zone District, with the conditions listed by staff, but amending condition 2 to include the completion of the landscaping and drainage; and amending condition 4. to include "No outdoor displays are permitted" .4 I TOWN OF AVON PLANNING AND ZONING COMMISSION RESOLUTION NO. 90 - 12 SERIES OF 1990 0 A RESOLUTION FROM THE TOWN OF AVON PLANNING AND ZONING COMMISSION RECOMMENDING THE AVON TOWN COUNCIL APPROVE A SPECIAL REVIEW USE TO ALLOW RETAIL SALES IN THE DEEP ROCK WATER COMPANY BUILDING LOCATED ON LOT 24, BLOCK 1, BENCHMARK AT BEAVER CREEK WHEREAS, Richard Kaas of Carpet, Paint and Interiors (CPI) has requested a Special Review Use to allow retail sales in the Deep Rock Water Company Building located on Lot 24, Block 1, Benchmark at Beaver Creek, which is located in the IC (Industrial Commercial) Zone District; and WHEREAS, retail sales outlets are allowed in the IC Zone District as a Special Review Use; and WHEREAS, a public hearing has been held by the Planning and Zoning Commission of the Town of Avon, pursuant to notices required by law, at which 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; and WHEREAS, the Planning and Zoning Commission has determined that the proposed use: 1. Otherwise complies with all requirements imposed by the Zoning Code; and 2. Is consistent with the objectives and purposes of the Zoning Code; and 3. Is deemed compatible with surrounding land uses and uses in the area; and A RESOLUTION FROM THE TOWN OF AVON PLANNING AND ZONING COMMISSION RECOMMENDING THE AVON TOWN COUNCIL APPROVE A SPECIAL REVIEW USE TO ALLOW RETAIL SALES IN THE DEEP ROCK WATER COMPANY BUILDING LOCATED ON LOT 24, BLOCK 1, BENCHMARK AT BEAVER CREEK WHEREAS, Richard Kaas of Carpet, Paint and Interiors (CPI) has requested a Special Review Use to allow retail sales in the Deer Rock Water Company Building located on Lot 24, Block 1, Benchmark at Beaver Creek, which is located in the IC (Industrial Commercial) Zone District; and WHEREAS, retail sales outlets are allowed in the IC Zone District as a Special Review Use; a. -id WHEREAS, a public hearing has been held by the Planning and Zoning Commission of the Town of Avon, pursuant to notices required by law, at which 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; and WHEREAS, the Planning and Zoning Commission has determined that the proposed use: 1. Otherwise complies with all requirements imposed by the Zoning Code; and 2. Is consistent with the objectives and purposes of the Zoning Code; and 3. Is deemed compatible with surrounding land uses and uses in the area; and NOW, TIiEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE TOWN OF AVON, COLORADO, THAT: 4D The Planning and Zoning Commission hereby approves and recommends the T.wn Council of the Town of Avon, Colorado approve the Special Review Use to allow retail sales for Carpet, Paint and Interiors in the Deep Rock Water Company Building, located on Lot 24, Block 1, Benchmark at Beaver Creek, subject to: la 1. Approval of the accompanying parking variance application. 2. Completion of parking lot striping, landscaping, and drainage. 3. Relocation of trash dumpster (inside the building) which is currently obstructing parking spaces. 4. Limitations on the frequency and impacts of merchandise "sales". No outdoor displays are permitted. 5. The special review use approval should be specific to CPI's expressed use of the building (warehouse with limited retail sales) at this time. Any change in use from that specifically authorized by this approval should come back to the Planning and Zoning Commission for review and approval. This SRU may be reviewed and revoked by the Planning and Zoning Commission within one year of date of approval if, in the determination of the Commission, the parking impacts associated with retail sales are not being adequately handled on site. APPROVED THIS DAY OF �. c 1990. Terri Jeppson, Secretary Frank Doll, C irman the Special Review Use to allow retail sales for Carpet, Paint a Interiors in the Deep Rock Water Company Building, located on Lot 24, Block 1, Benchmark at Beaver Creek, subject to: 1. Approval of the accompanying parking variance application. 2. Completion of parking lot striping, landscaping, and drainage. 3. Relocation of trash dumpster (inside the building) which is currently obstructing parking spaces. 4. Limitations on the frequency and impact- of merchandise "sales". No outdoor displays are permitted. 5. The special review use approval should be specific to CPI's expressed use of the building (warehouse with limited retail sales) at this time. Any change in use from that specifically authorized by this approval should come back to the Planning and Zoning Commission for review and approval. This SRU may be reviewed and revoked by the Planning and Zoning Commission within one year of date of approval if, in the determination of the Commission, the parking impacts associated with retail sales are not being adequately handled on site. APPROVED '_HIS �/Z DAY OF 1990. Terri Jeppson, Secretary Frank Doll, C irman