PZC Res. No. 2011-08 (2)TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 11-08
A RESOLUTION APPROVING A SPECIAL REVIEW USE (SRU)
PERMIT AMENDMENT FOR A WALGREENS PHARMACY DRIVE
THROUGH TO OPERATE IN PERPITUITY ON LOT 2, SUNROAD
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Dominic Mauriello ("the Applicant"), applied for a Special Review Use
(SRU) permit for a drive through facility for a Walgreen's Pharmacy; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon approved the
SRU permit on June 21, 2011 for a two (2) year period; and
WHEREAS, the Avon Town Council approved Ordinance 11-10 on August 23, 2011,
to clarify the duration of SRU approvals and the authority of the PZC in such approvals;
and
WHEREAS, Ordinance 11-10 amended §7.16.100 (f) Duration and Expiration, Avon
Development Code (ADC), grants the PZC authority to approve a SRU permit in
perpetuity, but may assign a shorter time as deemed necessary; and
WHEREAS, the Applicant, representing the owner of the property, Trinity-Sunroad
LLC, is proposing to modify the Walgreens Drive through window SRU permit, currently
valid until June 21, 2013, to operate in perpetuity; and
WHEREAS, at their regularly scheduled meeting held on October 4, 2011 the Planning
& Zoning Commission voted to approve the amendment to the SRU permit to operate in
perpetuity; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered
the following review considerations, as required by the §7.16.100(e), ADC:
(I) The proposed use is consistent with the Comprehensive Plan and all applicable
provisions of this Development Code and applicable state and Tederal 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) Anv .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;
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission
of the Town of Avon, Colorado, hereby approves an amended SRU permit for
Walgreen's Pharmacy on Lot 2, Sun Road Subdivision;
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The drive through shall be developed no later than October 4, 2013.
2. If Walgreen's, or successor Pharmacy, ceases to operate the Drive through
window for a period greater than one (1) year, this permit shall be deemed
expired.
ADOPTED THIS 4'" DAY OF OCTOBER, 2011
Signed:
% ��
Chair: aS reen
Attest:
Secretary: Scott Prince
Date: 10-0-11
Date: [0-5--2a it