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PZC Res. No. 2011-09 (2)TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 11-09 A RESOLUTION APPROVING AN AMDENDMENT TO A SPECIAL REVIEW USE PERMIT TO PERMIT MOUNTAIN MONTESSORI PRESCHOOL TO OPERATE WITHIN SUITE 101 ON LOT 22, BLOCK 1, BENCHMARK AT BEAVER CREEK, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the Planning & Zoning Commission (PZC) of the Town of Avon approved Resolution 10-04 on September 7, 2010, approving a Special Review Use (SRU) permit for Mountain Montessori Preschool to operate in the Industrial Commercial (IC) zone district; and WHEREAS, at their regularly scheduled meeting held on May 3, 2011, the PZC approved Resolution No. 11-04, approving an amendment and expansion of the square footage of the Mountain Montessori unit with the following conditions: 1. The use shall not be enlarged without prior review and approval from the Planning and Zoning Commission; 2. The use is approved and must be re -reviewed no later than May 3`d, 2013; 3. All traffic, parking, and vehicle stacking related to the drop-off and pick- up activities of the school shall be entirely contained on the property; 4. Student enrollment is limited to 40 students; 5. The size of the school is limited to 2,361 square feet; and, 6. No special events shall occur during the business day. 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, Dominic Mauriello ("the Applicant'), representing the owner of the property, BBG Holding Co, submitted an application to modify the Mountain Montessori SRU permit, currently valid until May 3, 2013, to operate in perpetuity; and WHEREAS, at their regularly scheduled meetings held on October 4, 2011 and October 18, 2011, the Planning & Zoning Commission held public hearings to consider approving and amendment to the SRU permit to operate in perpetuity; and WHEREAS, the Planning & Zoning Commission of the Town of Avon considered the following review considerations, as required by the §7.16.100(e), ADC: (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 oj'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, impacts) anticipated to result from the maximum extent practicable; noise, odor, dust, and other external use will be mitigated or offset to the (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 Mountain Montessori within Suite 101, Lot 22, Block 1, Benchmark at Beaver Creek Subdivision; SUBJECT TO THE FOLLOWING CONDITIONS: 1. The use shall not be enlarged without prior review and approval from the Planning and Zoning Commission; 2. The use is approved and must be re -reviewed no later than May, 2021; 3. All traffic, parking, and vehicle stacking related to the drop-off and pick- up activities of the school shall be entirely contained on the property; 1. Student enrollment is limited to 40 students,- 5. tudents; 5. The size oj'the school is limited to 2,361 squarefeet; and, 6. No special events shall occur during the business day. ADOPTED THIS 18" DAY OF OCTOBER, 2011 Signed.• Date: Chair: Chris Green Attest: C, t 0 mk� Date: Secretary: � Scott Prince