TC Res. No. 1986-05TOWN OF AVON
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 86-5
SERIES OF 1986
A RESOLUTION FROM THE TOWN OF AVON PLANNING AND ZONING COMMISSION
RECOMMENDING THE AVON TOWN COUNCIL APPROVE A SPECIAL REVIEW USE
FOR THE TRANSFER OF EIGHT RESIDENTIAL DEVELOPMENT RIGHTS FROM
BENCHMARK AT BEAVER CREEK UNASSIGNED UNIT POOL TO
LOT 12, BLOCK 2, BENCHMARK AT BEAVER CREEK
WHEREAS, Stratford on Avon, a Colorado Partnership has
filed application with the Town of Avon for approval of 'a Special
Review Use for the transfer of eight Residential Development Rights
from Benchmark at Beaver Creek Unassigned Unit Pool to Lot 12,
Block 2, Benchmark .at Beaver Creek; and
WHEREAS, the transfer of Development Rights,is allowed
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, following such public hearing and consideration
of such information as presented, the Planning and Zoning
Commission finds as follows:
1. The proposed use otherwise complies with all
requirements imposed by the zoning code;
2. The proposed use is consistent with the objectives
and purposes of the zoning code and the applicable'
zoning district;
3. The proposed use is designed to be compatible with
surrounding land uses and uses in the area.
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NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND
ZONING COMMISSION OF THE TOWN OF AVON, COLOPADO, THAT:
The Planning and Zoning Commission of the Town of Avon,
Colorado hereby approves and recommends the Town Council of the
Town of Avon, Colorado approve a Special Review Use to allow the
transfer of eight Residential Development Rights from the
Benchmark at Beaver Creek Unassigned Unit Pool to Lot 12, Block 2,
Benchmark at Beaver Creek.
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APPROVED THIS -Y DAY OF. 1986.
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Patricia uny, ecretry Michael S. Blair, Chairman
0 NOTICE OF PUBLIC HEAAIkG
TO: WHOM IT MAY CONCERN:
You are notified pursant to the provisions of Section
/7 .20.030. S. 1 . o€ The Town of Avon Municipal Code, that a public
hearing on the following matter will be held and considered at
the meeting of the Planning and Zoning Commision of the Town of
Avon, on December 2, 1586 at 7:30 PM in the Avon Municipal
Complex, 400 Benchmark Road, Avon, Colorado, at which time and
place you are invited to be present and be heard.
PROPERTY OWNER: Stratford on Avon
c/o Vail Bookkeeping and Accounting
508 E. Lions Head Circle
Vail, CO 81657
APPLICANT: Allan R. Nottingham
Box 5040
Avon, Colorado
LEGAL DISCRIPTION
OF PROPERTY: Lot 12, Block 2, Benchmark at Graver Creek,
Town of Avon
ADDRESS OF PROPERTY: 0540 West Seaver Creek Blvd., Avon, CO.
REQUESTED CHANGE AND
PROPOSED USE:- Special Review use for the transfer of eight
unassigned Residential Deveiopment .Right
from Benchmark at Seaver Creek unassigned Unit.
Pool, to Lot 12, Block. 2, Benchmark at Beaver
Creek, for a total of 12 units can LOt 12,
Block: Benchmark: at. Seaver Creek:.
DEADLINE: If you wish to be heard on this matter, you may
appear personally or by designated agent at the
public !-tearing on December 2, 158 r• OR you may
file a written statement with the Town Clerk,
Town of Avon, P.D. Box 970 Avon, CO 1 620
In order to be considered by the Planning and Zoning Commission
such written statement must be received in the Town offices no
later than 4:00 PM Tuesday December 2, 1986.
OTHER : Applicant is Represented by Allan Nottingham,
T Box 5040 von, 0 81620 949- 4
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POSTED AT THE FOLLOWING PLACES WITHIN TOWN OF AVON.
November 20, 1986, PESTER GAS STATION, ENTRANCE TO POST OFFICE,
CITY MARKET, MAIN LOBBY, AVON MUNICIPAL HALL
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ROTS 13, 14, 15, & 16, Block 2, Benchmark at Beaver Creek
c- uck Creek Condominium Association
C/o Vail Bookkeeping and Accounting
508 E. Lionshead Circle
Vail, CO 81657
T 11, Block 2, Benchmark at Beaver Creek
Alpenflora Condominium Association
C/O Lexina Cose Financial Service
Box 1931
Glenwood Springs, CO 81602
VT 4, Block 2, Benchmark at Beaver Creek
tone Creek Condominium Association
C/0 Debbie Clemens
Box 3810
Vail, CO 81658
10A, Block 2, Benchmark at Beaver ,Creek
Ilan R. Nottingham and Celeste C. Nottingham
Box 5040.
Avon, CO, 81620
T 10B, Block 2, Benchmark ay Beaver Creek
✓M. Clare Lundgren
Box 612
Avon, CO 81620
T 9, Block 2, Benchmark at Beaver Creek
zo
~ onald Oelbaum
C/0 Tom Maitland
Box 1157
Vail, CO 81658
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RESOLUTION NO. 86-5
SERIES OF 1986
A RESOLUTION GRANTING A SPECIAL REVIEW USE TO ALLOW RETAIL
SALES AND PERSONAL SERVICES IN THE WOLFF WAREHOUSE, ON LOT 23,
BLOCK 1, BENCHMARK AT BEAVER CREEK.
WHEREAS, Beaver Track and Trail, Inc., has requested a Special
Review Use to allow retail sales and personal services in the Wolff
Warehouse, on Lot 23, Block 1, Benchmark at Beaver Creek, which is
located in IC (Industrial Commercial) Zone District; and
WHEREAS, retail sales and personal service outlets are allow-
ed in the IC Zone District as a Special Review Use; and
WHEREAS, the Planning and Zoning Commission has
held
a public
hearing and has determined that the proposed use:
1. is consistent with the objectives and purpose of
the
Zoning Code; and
2. is deemed compatible with surrounding land
use an
d uses
in the area; and
3. otherwise complies with all requirements imposed
by the
Zoning Code; subject to:
a. the following parking requirements and
uses
within the existing building:
Benchmark Cleaners @ 1/800 2,520 sq.ft.
3.15
spaces
Blue Steel Gun Shop @ 3/1,000 2,520 sq.ft.
7.56
spaces
Beaver Track & Trail @ 3/1,000 1,666 sq.ft.
4.98
spaces
Office Space (vacant) @ 3/1,000 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
spaces
b. completion of site improvements providing at least
24 on-site parking spaces, as shown on site plan
submittal with Special Review Use application, and
subject to the conditions of the Planning and Zoning
Commission design review approval; and
WHEREAS, the Planning and Zoning Commission of the Town has
approved the Special Review Use for 1,666 square feet of retail/personal
service outlet for Beaver Track and Trail, Inc., in the existing build-
ing on Lot 23, Block 1, Benchmark at Beaver Creek, subject to:
The completion of site improvements providing at least
24 on-site parking spaces in accordance with approved site
plan, or the provision of assurances, satisfactory to Town
Staff and Town Attorney, that the site improvements will be
completed no later than July 1, 1986.
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NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the
Town of Avon, Colorado, concurs with the findings and determinations
made by the Planning and Zoning Commission, and hereby approves the
Special Review Use for 1,666 square feet of retail/personal service
outlet for Beaver Track and Trail, Inc., in the existing building
on Lot 23, Block 1, Benchmark at Beaver Creek, subject to:
1. The completion of site improvements providng at least
24 on-site parking spaces in accordance with approved
site plan, or the-provision of assurances, satisfactory
to the Town Staff and Town Attorney, that the site improve-
ments will be completed no later than July 1, 1986.
2. Applicant will be required to make other parking
arrangements if the Town decides to widen Nottingham Road.
ADOPTED THIS 28th
day of January , 1986.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Allan R. ,xd, Mayor
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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
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:
1. 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;
2. 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 parking angle;
3. 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.
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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 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 p
lan, minimum parking
requirements would be met for the
project;
Benchmark Cleaners
@ 1/800
2,520
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 v:icinity, 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 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. Nottingham 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).
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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,
Norm Wood
Director of Engineering and
Community Development
Planning and Zoning Action:
Approved as Submitted ( ) Approved with Recommended Conditions ( M,
Approved with Modified Conditions ( ) Continued ( ) Denied ( ) Withdrawn ( )
Date / g/ Patricia Cuny, Secretary
27 _e'
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