PZC Res. No. 2011-06 (2)Attachment A
TOWN OF AVON, COLORADO
PLANNING COMMISSION RESOLUTION 11-06
SERIES OF 2011
A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO TITLE 7
OF THE AVON MUNICIPAL CODE, SECTION 7.16.100 SPECIAL REVIEW USE
CONCERNING THE DURATION OF APPROVALS
WHEREAS, the Town Council initiated an amendment to the text of the Town of Avon
zoning code in accordance with Section 7.16.040 of the Avon Municipal Code; and
WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public
hearing on June 7 .2011 after posting notice of such hearing in accordance with the requirements
of the Avon Municipal Code, and considered all comments provided before taking action to
make a recommendation to the Town Council; and
WHEREAS, it is the Planning and Zoning Commission's opinion that the health, safety and
welfare of the citizens of the Town of Avon code; and
WHEREAS, the Planning and Zoning Commission finds that the application to change the
Development Code text meets the criteria set forth in would be enhanced and promoted by the
adoption of these text amendments to the Town of Avon zoning Section 7.16.040(c) of the Avon
Development Code.
NOW THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends that the Town Council of the Town of Avon approve the following
amendments to Title 7 of the Avon Municipal Code:
7.16.100 Special Review Use.
(a) Purpose. This section provides a discretionary approval process for special review
uses, that have unique or widely varying operating characteristics or unusual site development
features. The procedure encourages public review and evaluation of a use's operating
characteristics and site development features and is intended to ensure that proposed use(s) will
not have a significant adverse impact on surrounding uses or on the community -at -large. Special
review uses that may be allowed in each zone district are listed in Table 7.24-1, Table ofAlloxvd
Uses.
(b) Applicability. A Special Review Use (SRU) permit is required for any use allowed by
special review as outlined in Table 7.24-1, Alloxed Uses.
(e) Review Procedures. Applications for a special review use shall follow the general
review procedures set forth in §7.16.020, General Procedures and Requirements. Applications
for special review use may be initiated by the owner of property for which a special review use is
desired.
(d) Review Authority. The PZC shall review and render a decision on an application for a
special review use not exceeding two years after conducting a public hearing. The decision of
the PZC may be appealed to the Town Council pursuant to §7.16.160, Appeal. The Town
Council shall review and render a decision on an application for special use review for an
extended duration of time after the PZC has reviewed the application and provided a
recommendation to the Town Council. The Town Council shall render a final decision after
conducting a public hearing.
(e) Review Criteria. The PZC and Town Council shall use the following review criteria
as the basis for a decision on an application for a special review use:
(1) The proposed use is consistent with the Comprehensive Plan and all applicable
provisions of this Development Code and applicable state and federal regulations;
(2) The proposed use is consistent with the purpose and intent of the zoning district in
which it is located and any applicable use -specific standards in the Development Code;
(3) The proposed use is compatible with adjacent uses in terms of scale, site design,
and operating characteristics;
(4) Any significant adverse impacts (including, but not limited to, hours of operation,
traffic generation, lighting, noise, odor, dust, and other external impacts) anticipated to result
from the use will be mitigated or offset to the maximum extent practicable;
(5) Facilities and services (including sewage and waste disposal, water, gas, electricity,
police and fire protection, and roads and transportation, as applicable) will be available to
serve the subject property while maintaining adequate levels of service for existing
development; and
(6) Adequate assurances of continuing maintenance have been provided.
(0 Duration, Renewal, Expiration and Revocation.
(1) Duration. Special review use approvals by the PZC shall be valid for two (2)
years; however, the PZC may assign a shorter time frame at their discretion. Upon petition by
the holder of the special review use approval, the Council may grant an extended timeframe
for the special use approval by ordinance. Uses that require buildings to be constructed or
modified for a specific purpose, including but not limited to: Bus and Rail Terminals,
Commercial Parking Facilities (structured only), Public Utility Substations (where no public
office, repair or storage facilities are maintained), Medical Center/Hospitals, and
Convenience Stores with fuel shall be eligible for a special review use approval with no time
limit.
(2) Renewal. A renewal shall be for the purpose of allowing a new period of time for
the operation of a currently valid special use permit; provided, however, that the PZC or
Town Council shall not approve a renewal application for a use which is no longer allowed
as a special review use in the zoning district in which the special review use is located. The
procedure for the renewal of a special review use shall be the same as specified herein for the
approval of the original permit, except that the Director may waive any submission
requirement if such requirement is deemed not necessary for an adequate review of the
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application. The PZC or Town Council shall review the applicant's record of compliance
with those conditions and restrictions previously imposed and determine if the use still
satisfies the provisions of this Chapter. Any special review use that is not renewed prior to
the established time shall expire without notice and become null and void.
(3) Expiration. Developments and uses granted by a special review use permit shall
be developed or established in accordance with an approved development schedule or within
two (2) years of the date of approval if no development schedule is established. Failure to
develop or establish such development or uses in accordance with the time period approved
on the permit shall result in the expiration of the permit.
(4) Abandonment. If an approved use ceases operation for any reason for a period of
one year, the special review use permit shall be deemed expired. If the conditions of a permit
become the responsibility of a person or entity other than the applicant, the Director shall be
notified in writing, identifying the new person or entity responsible for maintaining the
conditions of the approval/permit. Until such notice is received, the applicant shall remain
responsible. Such notice shall be attached to the permit on file at the Town.
(5) Revocation. If conditions of approval are not maintained, -it shall be considered a
violation of this Code and subject to revocation proceedings.
ADOPTED THIS DAY OF DtIL=, 2011.
SIGNED:
Chris Green, Chaa
ATTEST:
�t
Srcott Prince, Secretary
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TOWN OF AVON, COLORADO
PLANNING COMMISSION RESOLUTION 11-07
SERIES OF 2011
A RESOLUTION APPROVING A SPECIAL REVIEW USE FOR THE BEAVER
CREEK RODEO ON A PORTION OF LOT 1, FILING 1 OF THE VILLAGE AT AVON
SUBDIVISION
WHEREAS, Beaver Creek Resorts, initiated a Special Review Use (SRU) Application for
the Beaver Creek Rodeo on a portion of Lot 1, Filing 1, Village at Avon Subdivision in
accordance with Section 7.16. 100 of the Avon Municipal Code; and
WHEREAS, the Town of Avon Planning and Zoning Commission held a public hearing on
June 21, 2011, after posting notice of such hearing in accordance with the requirements of the
Avon Municipal Code, and considered all comments provided before taking action; and
WHEREAS, it is the Planning and Zoning Commission's opinion that the health, safety and
welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of
this SRU approval; and
WHEREAS, the Planning and Zoning Commission finds that the Beaver Creek Rodeo and its
associated amplified sound meets the criteria for a Special Review Use as set forth in Section
7.16.100(e) of the Avon Development Code.
NOW THEREFORE, BE IT RESOLVED, that the Town of Avon Planning and Zoning
Commission hereby approves the Special Review Use application for the Beaver Creek Rodeo
on a portion Lot 1, Filing 1, of the Village at Avon Subdivision with the following conditions:
1. This SRU permit is valid until June 21, 2013. At least thirty (30) days prior to the
expiration, the applicant may apply for a review hearing before PZC to determine if
the use will be allowed to continue.
2. The Beaver Creek Rodeo for the calendar year 2012 is limited to a maximum of
seven (7) separate Thursdays ending no later than August 31, 2012.
3. An Amplified Sound Permit must be approved by the Avon Town Council, pursuant
to Chapter 5.24 of the Avon Municipal Code, prior to commencing such use.
ADOPTED ON THE 215' DAY OF JUNE AND SIGNED THIS 215' DAY OF JUNE, 2011.
Chris Green, C i erson
ATTEST:
Scott Prince, Secretary
Res 11-07 Special Review Use for Beaver Creek Rodeo Page 1 of 1