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PZC Res. No. 2006-13_ ` TOWN OF AVON VON C O L O R A D O PLANNING & ZONING COMMISSION RESOLUTION NO. 06-13 A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT TO OPERATE A CHARTER SCHOOL AT LOT 5, FILING 1, VILLAGE AT AVON SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Stone Creek Elementary applied for a Special Review Use permit to establish a charter school, as stipulated in Title 17.08.360 of the Avon Municipal Code; and WHEREAS, a public hearing was held and considered by the Planning & Zoning Commission on July 18, 2006; 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; and D. That the granting of the special review use requested provides evidence of substantial compliance with the public purpose provisions as follow: 1. 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 school use, as stipulated in Title 17.08.360 of the Avon Municipal Code for Lot 5, Filing 1, Village at Avon Subdivision, Town of Avon, Eagle County, Colorado based upon the following findings: 1. That the proposed use otherwise complies with all requirements imposed by the Zoning Code. 2. That the proposed use is in conformance with the Town Comprehensive Plan. 3. The proposed use is compatible with adjacent uses. 4. The application demonstrates a public purpose which the current zoning entitlements cannot achieve. 5. 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. 6. 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. Subject to the following conditions: 1. This permit is for one year and must be re- reviewed and extended, if the elementary school wishes to continue operating, no later than July 18, 2007. 2. Village (at Avon) Design Review Board letter of approval for building and associated improvements must be received by Community Development prior to construction. 3. 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. ADOPTED THIS 18th DAY OF JULY, 2006 Signed: All :f i Date: -r ff T(U 6 Chair Date: -� ` 15- - 06 Secretary FAPlnnning & Zoning Con tniission\Resolutions\2006\Res 06 -13 L5 VAA school SRU 1 Yr.110c