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PZC Res. No. 2006-14TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 06-14 A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT FOR FENCED OUTDOOR DOG EXERCISE YARD AND INCREASE IN DOG LIMIT FOR UP TO 50 DOGS AT DAYCARE SERVICE IN UNIT 201, LOT 18/19 AND LOTS 20/21, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Marissa Lahman has applied for a special review use permit for dog daycare, outdoor fenced exercise area, and increase in dog limit for up to 50 dogs at any one time, as described in the application dated July 31, 2006, as stipulated in Title 17, of the Avon Municipal Code; and WHEREAS, public hearings were held by the Planning & Zoning Commission of the Town of Avon on September 5th & October 3rd, 2006, 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; C. Whether the proposed use is compatible with adjacent uses; and D. That the granting of the special review use requested provides evidence of substantial compliance with the following public purpose provisions: I . The application demonstrates a public purpose which the current zoning entitlements cannot achieve. 2. Approval of the zoning application provides long term economic, cultural or social community benefits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights. 3. The flexibility afforded in approval of the zoning application will result in better siting of the development, preserving valued environmental and cultural resources, and increasing the amount of public benefit consistent with the community master plan documents. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby approves a Special Review Use permit for increased dog capacity to 50 dogs and fenced outdoor exercise area, as described in the application originally dated July 31, 2006, as stipulated in Title 17, of the Avon Municipal Code for Unit 201, Lot 18/19, and Lots 20 & 21, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado, based upon the following findings: 1. The proposed use otherwise complies with all other requirements imposed by the Zoning Code; and 2. The proposed use is compatible with existing planned and approved adjacent uses. 3. The proposed use is in conformance with the Town of Avon Comprehensive Plan. 4. The special review use requested provides evidence of substantial compliance with the public purpose provisions in the Zoning Code. Approved with the following conditions: 1. Approved for one (1) year time subject to Planning Commission re- review. 2. 50 dogs maximum, and Town must be notified within 5 days of going over limit. 3. Documentation must be provided to the Town for sanitation chemicals used. 4. Engineered drawings must be submitted to staff for new access and parking area on Lots 20 and 21. The Driveway must be graded (not paved) adequately for access. 6. Feces to be removed within 24 hours. Adopted this 3rd day of October, 2006 Signed: r Date: Chair Attest: 04 Date: Secretary FAPlanning & Zoning Commission\Resolutions\2006\Res 06 -14 Wnikin Dog Expansion SRU.doc