PZC Res. No. 2006-06TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 06-06
A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT TO
ESTABLISH A RETAIL TREE & SHRUB NURSERY ON LOT 39
MCGRADY ACRES SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
HEREAS, Paul Doughty has applied for a special review use permit for a
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retail tree sale nursery, as described in the application dated December 12,
2005, as stipulated in Title 17, of the Avon Municipal Code; and
HEREAS, a public hearing has been held by the Planning & Zoning
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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.
N OW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission
of the Town of Avon, Colorado, hereby approves a Special Review Use permit for
FAPlanning & Zoning Commission\Resolutions\2006\Res 06 -06 L3 McCrady Acres Tree Sale SRU.doc
a retail tree sale nursery, as described in the application dated December 12, 2005, as
stipulated in Title 17, of the Avon Municipal Code for Lot 3, McGrady Acres
Subdivision, Town of Avon, Eagle County, Colorado, based upon the following findings:
1. That the proposed use conforms to the requirements as imposed by the Town Zoning
Code.
2. That the proposed use conforms to the Town Comprehensive Plan, particularly with
respect to Policy A1.5 (integrated residential housing) and Goal C2 (affordable
housing provision).
3. The proposed use is compatible with adjacent uses as planned and approved
through the design review process.
Approved with the following conditions:
1. The permit is approved for the 2006 calendar year and must be re- reviewed for
2007.
2. If the conditions of the permit become the responsibility of a person other than the
applicant (Paul Doughty), the office of Community Development must be notified in
writing, identifying the new person or entity responsible for maintaining the conditions
of the permit. AMC 17.48.020(d).
3. Hours of operation will be lam - 6pm, with no audible noise at other hours.
4. No lighting is approved for the property, except for an internal light inside the
temporary point of sale office.
5. This use may not be modified, enlarged or expanded in ground area, unless such
modification receives the prior approval of the Planning and Zoning Commission.
AMC 17.48.050.
5. No sales will take place until all site improvements are installed (including all
gravel, office, toilet, etc.) and Community Development inspects the site for
compliance with the site plan.
6. Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in public
hearing(s) shall be adhered to and considered binding conditions of approval.
FAPIanning & Zoning Commission\Resolutions\2006V2es 06 -06 L3 McGrady Acres Tree Sale SRU.doc
Adopted this 7th day of March, 2006
Signed: _ vItAtj IUti Date:
Terry Smith, Vice ha'
Attest
� Date:
Phil Struve, Secretary
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FAI'lanning & Zoning Commission\Resolutions\2006\Res 06 -06 L3 McCrady Acres Tree Sale SRU.doc