PZC Res. No. 2005-08 (2)TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 05-08
A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT
TO OPERATE A HOME DAYCARE BUSINESS AT LOT 45C,
BLOCK 2, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, Jennifer Mach, has applied for a Special Review Use permit to
establish a home occupation for a day care business as described in the
application dated June 8, 2005 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 5, 2005; 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 following public purpose provisions:
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 renewed Special Review Use
for a day care home occupation as described in the application dated June 8, 2005 as
stipulated in Title 17.08.360 of the Avon Municipal Code for Lot 45C, Block 2,
Wildridge 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 will be reviewed in twelve (12) months time.
2. Access may not be obstructed to all owners of property that share common access
or a common wall.
3. No more than six (6) infants or toddlers exclusive of the applicant's two (2)
children are allowed at any given time.
4. A State of Colorado license for infant and toddler day care must be maintained.
5. A Town of Avon Business License must be maintained.
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 5th DAY OF JULY, 2005
Signed: —7 /
Date:
'Chris Evans, Chairman
Attest: n f`
4//jfjW� l� Date:
Phil Struve, Secretary
FAPlonning & Zoning Commission\Resolurions\2005Vies 05-08 L5C B2 WR child care SRU.doc