PZC Res. No. 2003-07TOWN 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
T HEREAS, Dave Svabik, owner of Beaver Creek Automotive, has applied for a special
review use permit to tavern/nightclub, htclub as described in the application dated March 21
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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
tavem/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 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 MAY, 2003
Sign
Date:
i
V ( L� . Chairman
Attest: dUM 114 Date: d�
ltR , Secretary
F:Tlanning & Zoning Commission\Resolutions\2003\Res 03 -07 L13 BI BMBC SRU Fiasco.doc