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PZC Res. No. 06-12•' y1d .. i TOWN OF AVON V 0 IN C 0 L 0 N A D 0 PLANNING & ZONING COMMISSION RESOLUTION NO. 06-12 A RESOLUTION RENEWING AND 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, applied for a Special Review Use permit to establish a home occupation for a day care business as described in an 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: 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. 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. Subiect to the followine conditions: This permit will be reviewed in three (3) years time and will be re -reviewed no later than June 6, 2009. 2. Access may not be obstructed to all owners of property that share common access or a common wall. 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. 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 6th DAY OFJUNE, 2006 Signed Date: Chair Attesh Date: 1 Secretary FlPlammng& Zoning COmmissionIResolui(onsUOMRes 06-12 L45C B2 {VR child care SRU3yr.doc