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PZC Res. No 04-01TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 04-01 A RESOLUTION APPROVING A PARKING VARIANCE FOR NARAYAN'S THAI ON LOT 20, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, UNITS 101 & 202 BENCHMARK PLAZA, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Sanjay Manandhar has applied for a parking variance in order to operate lunch service on Lot 20, Block 2, Benchmark at Beaver Creek Subdivision, Units 101 & 202 of Benchmark Plaza as described in the application dated December 8, 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 Variance application; and WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered the following: A. The relationship of the requested variance to other existing or potential uses and structures in the vicinity; and B. The degree to which relief from the strict or literal interpretation and enforcements of a specified regulations is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without grant of special privilege; and C. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety; and D. Such other factors and criteria as the Commission deems applicable to the proposed Variance. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado hereby approves a Variance for Narayan's Thai, Lot 20, Block 2, Benchmark at Beaver Creek, Units 101 & 202 of Benchmark Plaza as described in the application dated December 8, 2003 as stipulated in Title 17, of the Avon Municipal Code; and based upon the following findings: F \Planning & Zoning Commission\Resoluto,ns\2004\Res 04-01 L20 B2 BMBC Narayan's Thai Variance doc 1. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; and 2. That the granting of the Variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and 3. That the Variance is warranted for one or more of the following reasons; and a. The strict literal, interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title, b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the Variance that do not apply generally to other properties in that same zone. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. This application is anvroved with the followin>7 conditions: 1. The variance is for a one-year period, subject to review and renewal for a longer term by the Planning and Zoning Commission on January 6, 2005. 2. The variance is specifically granted for the Narayan's Thai restaurant only. Any changes to the lunch service or a change in ownership without specifically seeking a formal approval from the Town of Avon will cause the variance to be void. 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 6th DAY OFJanuary 6, 2004 Signed: ��Date: Chris Evans, Chair Attest: Date: Terry Smith, Secretary I'MIannmg & Zoning Commission%Resolutmns\20o4\Res 04-01 L20 B2 BMBC Narayan's "I'hai Variance doe TOWN OF AVON PLANNING & ZCONNING COMMISSION RESOLUTION NO. 04-02 A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT TO OPERATE DRIVE-THRU BANKING FACILITIES LOCATED ON LOT 6, MCGRADY ACRES, TO WN OF AVON, EAGLE COUNTY, COLORADO j� T HEREAS; Endinburgh Corporation, has applied for a special review use permit to 11 �( �( establish a drive-thru banking facility, as described in the application datcd October 31, 2003, as stipulated in Title 17, of the Avon Municipal Code; and HEREAS, a public hearing has been held by th,: Planning !& Zoning Commission or the Town of Avon, pursuant to fiotices requ' iredi by law, at_which time the applicant and the public were given an opportuanity to express their opinions and present certain infonnation and reports regarding the proposed Special Review Use permit application; and WHEREAS, the Planning & Zoning Corarnissic!, 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 approves a Special Review Use for three (3) drive- thru banking lanes, as stipulated in Title 17, of the Avon Municipal Code for Lot 6, McGrady Acres Subdivision, Town of Avon, Eagle County, Colorado, based upon the following findings: 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: 1. A revised site and circulation plan will be required at design review which addressee all of the design criteria for vehicular, pedestrian, and parking as set forth by the Town; 2. Specific attention to the Eagle River and the impact on the adjacent neighborhoods will be required through the design review process; 3. A three lane intersection will be required at Post Boulevard and the access easemeni to Lot 6, McGrady Acres Subdivision, 4. Future restrictions may be placed on the turning movements from the entrance to Lo: 6, McGrady Acres Subdivision to accommodate future development. 5. In the event Mesa Bank does not commence construction on or before January 6, 2006, then this special review use shall expire. 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. ADOPTED THIS 6" DAY OF JANUARY. 2004 ' (D -&iY7el�, , Chairman Attest: Secretary Date: Date it&to'4 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 04-03 SERIES OF 2004 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON APPROVAL OF A PUD DEVELOPMENT PLAN FOR LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the Applicant, IDG3 LLC has applied for approval of the Lot 61 PUD Development Plan for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision; and WHEREAS, after notices required by law, a public hearing on said application was held by the Planning & Zoning Commission of the Town of Avon; and WHEREAS, said application is consistent with all legal requirements. NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission hereby recommends approval to the Town Council of the Town of Avon for the Lot 61 PUD Development Plan dated January 2, 2003 with the following conditions: 1. The new Benchmark Road alignment (50'0" Benchmark Court Right -of Way) must be conveyed by subdivision plat prior to approval of the Lot 61 PUD Development Plan. 2. Development Standards shall be as follows: • A minimum of 150 -timeshare, interval ownership, and fractional fee ownerships units @ 900 net sq.ft. above grade including a recreational amenity fees. • A minimum of 125 condominium units above grade @ 1,250 net sq.ft. • A minimum of 200 hotel/accommodation units above grade. • Public transportation facilities including 300 S.F. transit/administrative offices and public restroom facilities at grade, immediately adjacent to transit center. • A minimum of 17,000 square feet of commercial/retail space, which does not include personal service shops. • All parking shall comply with the Avon Municipal Code parking standards. 3. This PUD Amendment is contingent upon a valid Development Agreement between IDG3 LLC and the Town of Avon being approved. 4. If necessary, IDG3 LLC will be responsible for the acquisition of additional water rights and their subsequent dedication to the Town prior to issuance of a building permit to amend the Town's Augmentation Plan. 5. Failure to develop and obtain final design approval, including compliance with the Town Center design guidelines of the site-specific development plan by January 31, 2012 shall automatically terminate these development standards and conditions. 6. Except as otherwise modified by this 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 6th day of January, 2003 Signed:raj�/� �• , , /7 Date: A, /0 C/ Chris Evans, Chairman Attest: Date: Terry Smith, ecretary TOWN OF AVON —a PLANNING & ZONING COMMISSION RESOLUTION NO. 04-04 SERIES OF 2004 A RESOLUTION APPROVING A VARIANCE FROM CHAPTER 17.24.020.1 AND CHAPTER 17.24.030.3 AS STIPULATED IN TITLE 17 (ZONING) OF THE AVON MUNICIPAL CODE, FOR LOTS 26/27/28, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Vail Resorts, owner of Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision has applied for a variance from the "Off -Street Parking" and the "Off -Street Loading" requirements as stipulated in Title 17, of the Avon Municipal Code in order to accommodate truck maneuvering into a proposed loading dock (as more specifically described in the application dated November 5, 2003 and the revised plans dated December 23, 2003); 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 Zoning Variance application and has considered: F Wlanning & Zoning Commission\Resolutions\2004V2es 04.04 L26,27,28 B 1 BMBC MmOrAppmval.doc A. The relationship of the requested variance to other existing or potential uses and structures in the vicinity, and B. The degree to which relief from the strict or literal interpretation and enforcements of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege; and C. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety; and D. Such other factors and criteria as the Commission deems applicable to the proposed variance. WHEREAS, the Planning & Zoning Commission finds: A. That the granting of the variance does not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; The application has demonstrated, through a sufficient review of alternatives, that the proposal does not constitute grant of special privilege. B. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; The application has demonstrated that the proposed access movements in the front yard and the right of way will not be detrimental to the public or injurious to properties of potential development (ouch as the Land Trade property) in the vicinity. The original proposal has been revised to provide the least possible amount ofpublic safety interference through while providing a reasonable solution to the needs of the project. C. That the variance is warranted for one or more of the following reasons: 1. The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title; FAI'lanning & Zoning Commission\Resolutions\2004Utes 04-04 L26,27,28 B I BMBC MtnCnApproval doc II: There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the vicinity; III. The strict, literal interpretation and enforcement of the specified regulation will deprive the applicant of privileges enjoyed by the owners of other properties in the same district. The application has demonstrated, through a review of alternatives and public hearings that there is not an alternative design that effectively achieves off-street loading for the applicant. Further, the enforcement of the specified regulation will deprive the applicant of privileges ei joyed by the owners of other properties since a loading dock was never constructed for this project. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission of the Town of Avon, Colorado, hereby approves a Zoning variance from the "Off -Street Parking" and the "Off -Street Loading" requirements of Title 17 of the Avon Municipal Code for Lot 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County Colorado with the condition that anytime there is a change in use for this loading dock area, the variance will be void. ADOPTED THIS DAY OF Janu evr- Date: Andrew Karow ' Vice Chairman Attest: Date: Terry Smitecretary ?00y 1'\Planning $ Zoning Commission\Resolution;\2004%Res 04-04 L26,27,28 BI BNIBC 61mCtrApproval doc i zom 0- Edam.,.-@ ALPINE ENGINEERING, INC. October 31, 2003 Chris Juergens Victor Mark Donaldson P.O. Box 5300 Avon, CO 8!620 RE: Mountain Center — Town of Avon Sketch Plan Comments Dear Chris. I have revised the plans to reflect th-_ comments provided by the Town of Avon. In brief, the following is a list of the revised.items on the plans"' 1. Existing contours have been made bolder to more clearly reflect how the proposed contours relate with the existing ,grades. 2. I reviewed the cab length for the WB -50 truck size and the cab is shown as is dimensioned in the;4ASHTO — Geometric Design of ffighways and Streets. I hav included'a copy of this detail (see attached). 3. The Striping and lane directions have been clearly identified on the plans. i 4. A new plan labeled "Lot Coverage Plan" has been included to show the Impervious. Green space, and Snow Storage areas. A table has also been included to show the acreages and percentage of lot coverage. 5. Review of the existing site pollution control measures showed them to be in need of repair or replacement" The site grading and drainage plan now reflects collecting run off from the existing and proposed paved areas and directing them through a proposed Sand/Oil interceptor- Additionally, the inlets located inside the building are planned to be routed to the existing Sand/Oil interceptor located inside the garage. Sincerely Lee C. Whittington Attachment i `rte_ f 1 _ I have revised the plans to reflect th-_ comments provided by the Town of Avon. In brief, the following is a list of the revised.items on the plans"' 1. Existing contours have been made bolder to more clearly reflect how the proposed contours relate with the existing ,grades. 2. I reviewed the cab length for the WB -50 truck size and the cab is shown as is dimensioned in the;4ASHTO — Geometric Design of ffighways and Streets. I hav included'a copy of this detail (see attached). 3. The Striping and lane directions have been clearly identified on the plans. i 4. A new plan labeled "Lot Coverage Plan" has been included to show the Impervious. Green space, and Snow Storage areas. A table has also been included to show the acreages and percentage of lot coverage. 5. Review of the existing site pollution control measures showed them to be in need of repair or replacement" The site grading and drainage plan now reflects collecting run off from the existing and proposed paved areas and directing them through a proposed Sand/Oil interceptor- Additionally, the inlets located inside the building are planned to be routed to the existing Sand/Oil interceptor located inside the garage. Sincerely Lee C. Whittington Attachment