TC Res. No. 1984-330 6
RESOLUTION NO. 84-33
SERIES OF 1984
A RESOLUTION GRANTING A SPECIAL REVIEW USE FOR PLACEMENT
OF PLAYGROUND EQUIPMENT AND USE THEREOF BY JUNIOR VILLAGE
DAY CARE CENTER ON A PORTION OF THE AVON TOWN CENTER MALL,
OF TRACT G, BLOCK 2, BENCHMARK AT BEAVER CREEK
WHEREAS, Junior Village Day Care Center has requested
a Special Review Use for the placement of playground equipment
on, and the use of a portion of the Avon Town Center Mall, of
Tract G, Block 2, Benchmark at Beaver Creek Subdivision; and
WHEREAS, the Planning and Zoning Commission has held
a public hearing and 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 Districts; and
3. is deemed compatible with the surrounding land
use and uses in the area;
Subject to:
1. Compliance with all recommendations of the Town
Attorney regarding contracts, agreements, liability
and removal of equipment;
2. Provision of cash deposit or bond, by applicant,
to assure repair or replacement of any facilities
or landscaping damaged as a result of the Special
Review Use; and
3. All playground equipment be removed and the area
restored to its previous condition by November 1,
1984.
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NOW THEREFORE BE IT RESOLVED THAT the Town Council
hereby approves the Special Review Use allowing the placement
and use of playground equipment on a portion of the Avon Town
Center Mall, on Ttact G, Block 2, Benchmark at Beaver Creek
Subdivision, subject to:
1. Compliance with all recommendations of the Town
Attorney regarding contracts, agreements, liability
and removal of equipment;
2. Provision of cash deposit or bond, by applicant,
to assure repair or replacement of any facilities
or landscaping damaged as a result of the Special
Review Use; and
3. All playground equipment be removed and the area
restored to its previous condition by November 1,
1984.
4. That the applicant diligently pursue their original
plan for permanent quarters for the location for their
Tot Lot.
APPROVED:
august 14, 1984
A lan R. tt.ing m, Mayor
TO: The Honorable Mayor and Town Council
FROM: William D. James, Town Manager
DATE: August 9, 1984
SUBJECT: Special Review Use Junior Village Playground
Please find attached a report outlining the use of the Mall
for a playground area for Junior Village. This is a
temporary request until November 1, 1984.
Both the Mall Committee and the Planning and Zoning Commission
have approved this use. If the Council is desirous of
allowing this temporary use, the Town Attorney should be
authorized to draft a Lease Agreement between the Town and the
applicant. The lease should cover the following:
1) Insurance (naming the Town of Avon as additional
insured.)'
2) Hold harmless clause.
3) Cash Bond in the amount of $2,500 for repairs.
4) Approval of location of equipment by the Town of Avon.
5) Penalty clause for not removing any equipment after
November 1, 1984.
6) Cash deposit of $1,000 upon signing the Lease Agreement
to cover expenses for attorney fees and maintenance
of the area during the term of the lease which shall
not be refundable. The Town of Avon and the property
owners shall share in expenses for maintenance and
legal fees.
The main reason for allowing this use is the construction
of a parking lot at Avon Center. By the time the agreement is
drafted and signed by the parties, the actual use time of the
area would only be two to two 1/2 months.
Council action needed:
1) Pass the attached Resolution
2) Authorize the Town Attorney to draft a Lease Agreement
3) Authorize the Mayor to sign the Lease Agreement
TO: William D. James, •Town Manager
FROM: Dan Fogland, Building Administrator
DATE: August 9, 1984
SUBJECT: Special Review Use - Junior Village Playground
Area on Mall
Tract G, Block 2, Benchmark Subdivision
1. Junior Village Day Care Center is proposing to use a portion
of the Town Center Mall directly south of their
business in the PWon Center for a playground area until
November 1, 1964;
2. Attached is information that was presented with the
request by the a}?plicant, and the Staff report to the
Plannina and Zoning Commission;
3. July 26, 1984: Plannina and Zoning Commission approved
the Special Review Use due to the fact that it was only
temporary and subject to:
a) Compliance with suggestions to Town Attorney, regarding
such areas as liability, license agreements, removal
of equipment, contracts, etc.;
b) A provision be made for a bond or guarantee for
replacement and/or damage to the call area;
c) Removal of equipment by November 1, 1984.
Staff Report to Planning and Zoning Commission - 7/26/84
Junior Village Playground
Tract G, Block 2, Benchmark at Beaver Creek
Page 1 of 2
Junior Village Child Care Center is proposing to use a portion of the Town Center
Mall for a playground area for their business, which is located in the Avon Center
building.
History:
- September 15, 1983: Junior Village was approved as a Special Review Use at the
Avon Center.
- December 1, 1983: Junior Village was before the Commission for approval of Lot
55 as a pick-up and drop-off area, and for Desi,gn'review for
Lot 56 as a playground. Commission approved location and de-
sign for 1,500 sq.ft. of playground on Lot 56. To Date, no
noticeable action has been taken to install the playground on
Lot 56.
- July 9, 1984: Area was approved by the Town Mall Committee
Currently, Junior Village is proposing to change the location of the playground,
from Lot 56, to the Mall area south of their unit in the Avon Center building.
Section 17.2.0.020-C - No Special Review Use may be modified, structurally enlarged
or expanded in ground area, unless such modifications, enlargements, or expansions
receive.-the prior approval of the Planning & Zoning Commission and the Town Council.
Such approval shall be obtained by the repetition of the granting procedures provid-
ed in this chapter.
Therefore, Junior Village is currently applying for a modification of their Special
Review Use.
Section 17.20.020 - Granting of a Special Review Use-B: In considering the suit-
ability of the Special Review Use, the Commission shall determine:
1. Whether the proposed use otherwise complies with all requirements imposed by
- the Zoning Code; and
2. Whether the proposed use is consistent with the objectives and purposes of the
Zoning Code, and the applicable Zoning Districts; and
3. Whether the proposed-use is deemed compatible with surrounding land uses, and
uses in the area
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Staff Report/Junior Village Playground
Page 2 of 2
Section 17.20.030 - B-4: The Planning & Zoning Commission, in approving a Special
Review Use, may prescribe-appropriate conditions and safeguards, in conformity with
the Zoning Laws of the Town, violation of which shall be deemed a violation of this
section.
STAFF CONSIDERATIONS:
In analyzing and preparing for the Special Review Use, the Commission may want to
consider the following:
1. What are the plans and objectives for use of the Town Center Mall area?
2. Any approval should be on a yearly renewal basis:
3. Condition of approval: Compliance with suggestions of Town Attorney regarding
such areas as Liability, license agreements, removal of equipment, Contracts,
etc.
4. Will the public be able to use this area?
5. Some provisions should be made for a "Bond" or guarantee, for replacement and/or
damage to the Mall area.
6. Determine exact location and type of equipment to be used.
Respectfully submitted,
Dan Fogla ,
Building Administrator
Planning and Zoning Action:
Approved as Submitted:
IZ'C M 5 3 Amp S 5ov~ To '66 GoKOL-160 wrr
Approved with Modified Conditions: Jaw1aVAL OF f,4V11yp1&dT Nev. 1 19$k
Continued:
Denied:
Dated: V 1,-1 26 _ I C1 S
DF/brj 7/24/84
•
PETER PAN EARLY LEARNING CENTERS, INC.
24 W 760 75th Street
Naperville, I Ilinois 60540
312-961-3950
Re: Junior ViU-age Chiedc fte, Avon, Ptayground Area
Juty 17, 1984
Dean Zoning Board Members:
Enatos ed is a map and Layout o J the area in which I woutd
tike to use Son a ptayground. I have outQ,ined the spec i.s,ic
area that the Avon Center Committee agreed upon. There are
many ptuses to using this area which were outtined to that
committee and were acceptabte and concwmed with by them. One
of the main 6acts was that the area we were given penmiss,con to
use .in i,ti,a a ty may not be the best because they adjacent tot is
to be btacktopped which woutd cause 6umes and not the beat of
env.cAonments jor chiedAen to be ptayt.ng on at the present time.
I am atao enceas.cng some pictuAes of the one on two pieces
of equipment I wooed pta.ce in the proposed area. White these
may not be the exact pieces they viilt be of the type we wift use.
The di,stn ibuton is 6rom the area and wit be ab.te to vary the
pieces according to our needs. P.tacement w tt depend on the teveeneas
of the .land, but we expect no diii.icutty there.
1 am convinced that a6ter you have reviewed caAeJut.ty the
situation and the discuzz.con put Sontvard at the meeting with
the Avon Center Committee, - you w%Ze'concuA and agree that this
area presents t ttte pro btem and g to in welt with the needs
o6 the datAen. I know that once you have ob1ectivety viewed
att o6 the maten,iat and heaAd my input and tha' t o6 others, that
this is the best way to go Jon the sake o6 the ckLUten invotved.
yo tnuCy, 44~
He een Hochst eA
AN INDIVIDUALIZED AND CREATIVE EDUCATIONAL PROGRAM FOR YOUNG CHILDREN
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WIDTH: 10'6" WEIGHT`8401bs.
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Dennis Malone, representing ALV Ventures, was resent for discus-
sion. •
The sign will be o -sided. Bill Pierce sug ed shrubbery around
the back. Dennis Ma a stated that then s lighting inset across e
the bottom and shrubs o the back are anned.
The Board in general thought sign was attractive.
At this time Bill Pier called for tion. Clint Watkins moved to
approve the entranc sign to Avon Lake las III, Lot 45, Block 2,
Benchmark Subdiv' ~.on with the provision t there be a minimum of
j he back side of the site
four (4) uni rsAo"t` otion was seconded
by Tommy L Bauer-#'There were no nay votes.
USE LIST INTERPRETATION, DAY CARE CENTER IN TOWN CENTER ZONING
DISTRICT
Dick Kvach explained that when questions arise as to whether this -
specific use does or does not come within any expressed use category
the person may apply to the P & Z Commission for determination of
whether a specific use is an Allowed Use or Special Review Use
with the determination made of the intention of the district
and that compatibility of the proposed use. He explained that the
question has come up whether a pre-school/day care center would
be a use that would be permitted within a Town Center district as
an Allowed Use or Special Review Use. He stated that in his review
he felt it would be a use compatible with tourist type activities
within the category, and the Allowed Use category is generally
retail type uses. He felt that because of the intensity of the
activity of a day care center that a pre-school/day care center
should be allowed in a Town Center district as a Special Review Use.
Dennis Cole, representing the applicant, Helen Hochstetter, stated
that he felt it should be an Allowed Use subject to certain quali-
fications.
Bill Pierce asked if any outdoor space was required.
Dennis stated that the State requires a certain amount of outside
recreation space.
Comments: Mike Blair - would classify it as a Special Review Use
in order to give the effected property owners a chance to review
it along with the Commission. Clint Watkins - could see making
it a Special Review Use. Bill Pierce - it should be an Allowed
Use due to physical improvements being made to the outside which
would be required to be presented to the Commission. Jim Meehan -
feels that the possible use and interpretation of the use requires
this particular use be a Special Review Use because of the effect
it has on the surrounding property owners.
Dick Kvach advised the Board there are three considerations to be
considered in a Special Review Use, those were: (1) Whether the
proposed use otherwise complies with all requirements imposed by
the Zoning Ordinance; (2) Whether the proposed use is consistent
with the objective and purpose of the Zoning Code and applicable
zoning district; and (3) Whether the proposed use is designed to
be compatible with the surrounding land uses and uses in the area.
Clint Watkins moved that the interpretation is that the P & Z
Commission consider a pre-school/day care center as a Special
Review Use in Town Center zoning. Motion was seconded by Jim Meehan.
There were nn nav vn+-cc
December 1, 1983, Planning & Zoning Meeting.
Paae 3 of 5
Item #10: Pla round Day-Care Center Avon Center Lot 56, Block 2 B.S.
is item had been before the commission at an earlier ate. There are 2
unresolved questions: 1) drop-off and pick-up point for children; 2) Design
and location of the playground.
Dennis Cole, representing the applicant, states 1) it is currently intention
to use parking area on Lot 55, owned by Don Chaplin. Town Council saw letter of
agreement between Don Chaplin, The Avon Center Partnership, Cal Colorado
Investors and Junior Village Day Care Program, which is the Hodomar Partnership.
The agreement makes available Lot 55 for the purpose of pick-up and drop-off
of children. The bus stop will not be used for pick-up and drop-off.
2) Design plan for approximately 1,500 S.F. of playground or recreation area
will be put on Lot 56. Day Care Center will put up split-rail-fence and kids
will be under adult supervision. Will be attractive area that will enhance
that end of Avon Center. If a problem arises concerning traffic congestion
at any given time during the day, the Day Care Center will rearrange that
schedule to alleviate that congestion. Day Care Center is sensitive to,that
problem should it arise because it is a factor in marketing the project.
Clint Watkins moved to approve the location and final design of the playground
area.
Pat Cuny seconded the motion.
Carried unanimously.
tem #11: Heritage Cablevision Office - S.R.U. - Lot 37, Block 1, B.S., URTt 3
J Lamont presents the parking-space issue. Nature o business is t some
cust r service will take place. Gene Larson, applicant, estimat 3-5 persons
per hou_ ould come to the facility for customer service. Need set aside 3
spaces in nt of the office area as customer service. Ther are employees
in the'buildin - 6 of which would be full time people.. T re are also offices
for the chief tec icians, technical staff, sales staff and chief regional
technician. There a approximately 15 employees. rking on site - 5 people
are there permanently; are service people. 11 arkino spaces are available -
need 13 spaces. The appli t did not bring a arking diagram along because he
was not previsouly requested do so.
Dick Gustafson, participant in a 'ence, ns Lot 36, next to Doyle's Warehouse.
Mentions that there is cable runnin oss his lot to a reception disc. He
is not giving right-of-way for that n if he decides to build and it is approved
and it blocks the cable receiver t wil a the cable company's problem. He
also stated 1) if Rocky Mount . Cable didn give this information to Heritage,
Heritage may have some caus of direction agai t them; 2) concerned what will
happen when he decides t use land; 3) his land ld be used for parking lot
and is a leasable spa
Lamont recommended at until parking plan and suppor Ing letters of agreement
are available t staff continue this until those docu is are in hand and then
go through of 'cial procedure.
Bill Pierc s favorable with this request, that the parkin is appropriate, and
that thi does need to be continued.
Mike B it moved that application be continued.
Cli Watkin$ seconded.
ion carried unanimously.
STAFF REPORT TO PLANNING & ZONING COMMISSION
Playground Design Approval
Lot 56, Block 2, Benchmark Subdivision
Staff has reviewed the request of Dennis Cole, representing Hodamar
Partnership, for approval of playground and surrounding fence located
at the west corner of Lot 56. This playground will be used in
conjunction with the day care center in Avon Center.
The fence surrounding the playground will be a 2 rail split-rail fence
like that used along the Avon Road right-of-way.
Approval of this request is recommended.
Respectfully Submitted:
Richard Kvach
Planning Director
Planning & Z ning Action:
Approved as recommended:,
Approved with modified conditions:-
Denied:
RK/ j b
11/30/83
Dad: ,
W-11i0m Pierce, Chairman
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