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PZC Res. No. 03-03TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 03-03 A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT TO OPERATE AN INDOOR SKATE PARK IN UNIT 211, AT LOT 18/19, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Valerie Stanton, owner of Custom Wood & Steel, Inc. dba Liberty Skate, has applied for a special review use permit to establish an indoor skate park, as described in the application dated December 31, 2002, 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. N OW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby approves a Special Review Use for an indoor skate park, as described in the application dated December 31, 2002, as stipulated in Title 17, of the Avon Municipal Code for Unit 211, Lot 18119, Block 1, Benchmark at Beaver Creek 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. Subject to the following conditions: I. The Planning and Zoning Commission will review the permit six(6) months after issuance to determine compliance with the application and approval criteria. 2. The hours of operation for all public use (or demonstration use) of the skatepark are limited to the following times: a. Monday to Friday: 6:00pm to 12:00pm. b. Saturday and Sunday: 1:30pm to 11:30pm. c. All private functions, including instruction and private parties, shall also be limited to these operating hours. 3. No modifications or alterations of the public -use portion of the facility shall occur without prior approval of the Town. 4. 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 21st DAY OF JANUARY, 2003 Sigetr '/ l� o i s G �Icwks , Chairman Altcst: ft[RASOtA, . Secretary Date: / / Z ;M3 Date: / Jt A ^ Cr660n Wood & 9hee1, k= DBA LbertySlraEe PAX Sm 18443 Awn, Colorado 81620 January 15, 2003 RE: SRU for 281 Metcalf Road #211 Ruth Borne, Town of Avon Planning & Zoning Director Dear Ruth: I am responding to your letter dated January 8, 2003. 1. See attached for site plan and stated building use. yf,, . .f1 2. Hours of Operation are Monday through Friday from 08:00am to 05:OOpm for manufacturing custom wood and steel handi-cap ramps and custom wood skate parks. We are closed from 05:00-06:OOpm for clean-up and maintenance on current structure. Our sales office and ramp demo hours are Monday through Friday from 06:00pm until midnight. Saturday and Sunday we open at 01:30pm and dose at 11:30pm . We do not manufacture on the weekends unless we are running behind schedule on a project. We never occupy more than our 4 dedicated spots that are allocated to us. Our parking is constantly monitored by the Owner and Manager on Duty. 3. Private Lessons, Free Clinics, Private Functions are made by reservation only. The four parking spots are for owners and builders. Parents and visitors are allowed to drop-off only if all spots are taken. This is constantly monitored by the Owner on Duty and has not been an issue since September 3, 2002. 4. No sales or concessions are taking place. We rely on donations. I have a Town of Avon Business License posted at my place of business which I applied for September 10"', 2002 and approved on September 18'", 2002 by Patty McKinley. 5. There will not be any audible noise from the park. There are no residential units in our vicinity. The closest residence is one mile away. We do not turn our sound system on until 06:OOpm out of respect for my neighboring tenants. Again, we have not had any complaints from the day we leased the space on September 3, 2002. 6. There are 4 dedicated parking spaces allocated to my unit through my lease agreement with Walter Realty Group. 970-926-5748 7. No, there will not be a sign produced for the park. If we do decide to produce a sign, I will submit a sign application that conforms to the MCPMSP, Metcalf Commercial Park Mast Sign Program. 8. In response to the letter from Mrs. Joyce Wilson, I am not asking for any additional parking or special exception. I would like to continue to do business as normal. Mrs. Wilson didn't even know we were there! She works from a "home' office off site of lot 17. If you look at the layout of her lot versus my lot, it is surrounded by a wooden fence and yet another concrete wall separating the 2 lots. Furthermore lot 17 has a dirty, muddy, icy lot and is poorly maintained. My lot has concrete and snowmelt and is properly maintained every day. There is never any overflow parking occurring because we make everyone very aware that after our 4 spots are filled, drop-offs only are allowed. 9. We are in the process of adding on to our sprinkler system per Mr. Gray and Mrs. Gill-Mulson's requests. Gore Range Electric is adding a lighted Exit sign and Smoke Detectors