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PZC Res. No. 04-14TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 04-14 SERIES OF 2004 A RESOLUTION RECOMMENDING APPROVAL OF CHAPTER 15.30 "OUTDOOR LIGHTING ORDINANCE" TO THE TOWN COUNCIL WHEREAS, Chapter 2.16 of The Avon Municipal Code establishes the purposes of the Planning & Zoning Commission to assist the Town Council in preserving the natural beauty of the Town and support the objectives of the existing Design Review Guidelines ; and WHEREAS, the Planning & Zoning Commission realize that access to a clear and visible night sky is a strong value to the community, and that- light pollution continues to be a threat to the clear skies that are a part of the heritage of the Rocky Mountain West; and WHEREAS, all property in the Town of Avon should comply with the Town goals in the preservation of the night sky, including those properties that currently emit an excessive amount of light that has been determined to be a nuisance and detrimental to the policy objectives stated herein; and WHEREAS, the Planning and Zoning Commission have reviewed the attached Chapter 15.30 — Outdoor Liehtine Ordinance ("Exhibit A"), and held numerous public meetings to discuss the goals and objectives of the proposed amendment to the Town Code; NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends to the Town Council the approval of the Avon Municinal Code Section 15.30 — Outdoor LiehtinR Ordinance ("Exhibit A") in order to amend the existing Avon Municinal Code Section 15 as adopted. F:\Planning & Zoning Commission\Resolutions\2004\Res 04-14 Lighting Ordinance Adoption.doc ADOPTED THIS 18th DAY OF MAY, 2004 Signed- Chris ig� 4 Chris Evans, Chair Attest: Terry Smith, Secr tary Date: Date: ,S ( / d31 o 0 FAlPlanning & 'Zoning Commission\ResolutionsV004�Res 04-14 Lighting Ordinance Adoption.doc TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 04-15 A RESOLUTION APPROVING A VARIANCE TO ALLOW THE CONSTRUCTION OF BOULDER RETAINING WALLS IN THE FRONT YARD SETBACK ON LOT 86, BLOCK 4, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO W HEREAS, Gerald Meremonte has applied for a variance to construct boulder retaining walls within the front yard setback on Lot 86, Block 4, Wildridge Subdivision, as described in the application dated April 27t1i, 2004 and site design plan dated April 20, 2004 (Exhibit "A") 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 to construct boulder retaining walls within the front setback on Lot 86, Block 4, Wildridge Subdivision as described in the application dated April 27, 2004 and site plan dated April 20, 2004 (Attached as F Manning & Zoning Commission\Resolutions\2004\Res 04-15 L86 B4 WR setback variance doc Exhibit "A") as stipulated in Title 17, of the Avon Municipal Code; and based upon the following findings: 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 anolication is annroved with the followine conditions: 1. All retaining walls over 4' in height must be designed per a Registered Colorado Professional Engineer. 2. 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 May, 2004 Signed— Chris igne Chris Evans, Chair Attest: j .tAt� Terry Smith, Secretary er tary Date: Date: F•:Tlannmg & Zoning Commission\Resolunons\20041Res 04-15 L86 B4 WR setback variance.doc E CL I %U Ll • • TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 04-16 A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT TO ESTABLISH AN INDOOR SPORTS AND ARTS GYMNASIUM ON LOTS 26, 27, AND 28, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Vail Recreation District (represented by Mauriello Planning Group), applicant for the Vail Resorts Development Company, has applied for a special review use permit for an indoor sports and arts gymnasium, as described in the application dated April 21, 2004, 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. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby approves a Special Review Use permit for an indoor sports and arts gymnasium, as described in the application dated April 21, 2004, as stipulated in Title 17, of the Avon Municipal Code for Lots 26, 27, and 28, Block 1, / Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado, g tY based upon the following findings: 1. That the proposed use conforms to the requirements as imposed by the Town Zonine Code. 2. That the proposed use conforms to the Town Comprehensive Plan. particularly with respect to Policy D1 (cost effective development of public facilities); D1.3 (coordinate with special purpose districts); D 1.7 (youth oriented educational and recreational activities); and G1 (provide system of parks, trails, and recreational programs to residents and visitors). 3. The proposed use is compatible with adjacent uses as planned and approved through the design review process. Subject to the following conditions: 1. The hours of operation will be from 10:00am to 8:00pm Monday through Friday and 10:00am to 6:00pm on Saturday and Sunday. 2. The use is approved until October 6, 2006. 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 May, 2004 Sign /' -1r':16 �/ 7 , _ ��-- -- — Date: / ! 6 `f Chris Evans, Chairman Attest: J,Wj. Date: Terry Smith, Secl/' t�c J ' FAI'lnnning & Zoning Commission\Resolutions\20041Res 04-16 Lots 26, 27, 28, Block 1, BMBC VRD.doc