L1 2 B1 NTST Design and VARTown of Avon Planning & Zoning Commission
Staff Report: Final Design Review and
Variance
Submitted for the September 19 meeting
Date 11 September, 1995
Project Type Commercial
Legal Lot 1&2, Block 1 Nottingham Station Subdivision
Description
Zoning NC
Introduction
The 1.38 acre site is located on the northeast corner of Avon Road and Hurd Lane, on a relatively
level "bench" above Avon Road. The project includes two buildings, both of which would f ace
(and gain access from) Hurd Lane. The proposed Burger King building is a 3,400 square foot
building on the west side of the site. The proposal includes a drive-through window and an
outside seating area on the west side of the restaurant. The strip center is a 9,000 square foot
building with six individual storefronts on the east side of the site.
The buildings will have a natural stone siding and standing seam metal roof. The Burger King has
a flat roof with the trademark red accent bands. The roof line of the commercial center is stepped
and features a tower for visual interest.
The variance application is to allow 11 parking spaces within the front 10 foot setback.
Design Review Considerations
According to the Commission's Procedures, Rules & Regulations, Section 6. 10, the Commission
shall consider the following items in reviewing the design of this project:
Conformance with the Zoning Code and other applicable regulations of the Town.
• The proposed buildings conform to the 25 foot front setback, 10 foot sideyard setback, and
maximum 35 foot building heights.
• The signs conform to the 10 foot setback from property line with the exception of the sign on
the northwest portion -of the site which needs to be moved 10 feet from the western property
line.
• Three freestanding signs are proposed. The Planning and Zoning Commission has the
authority to allow the three signs based on the frontage of the property on more than two
streets.
• The signs fall within the maximum of 40 square feet and 8 feet maximum heights.
• A separate loading area has been provided and the dumpster has been relocated out of the side
yard set back.
• The minimum landscape requirement of 20 percent has been exceeded.
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• The parking requirements have been exceeded. The restaurant requires 29 spaces and the
shopette requires 36 spaces for a total of 65 spaces and 7 queuing spaces for the drive-
through. The plan proposes 72 spaces, exceeding the requirement.
The suitability of the improvement, including type and quality of materials of which it is to
be constructed and the site upon which it is to be located.
The stone building materials are of a higher quality than typically found on a fast food restaurant
and strip commercial center and are suitable for the site.
The compatibility of the design to minimize site impacts to adjacent properties.
The site is adjacent to the railroad tracks to the north, and Avon Road to the west. The Avon
Crossing multi -family housing is east of the site. Additional landscaping along the eastern
perimeter should be provided as a buffer. The location of the drive-through restaurant on the
western side of the site locates the high activity area of the site away from the adjacent
residential area.
The compatibility of the proposed improvements with site topography.
The site is on a level "bench" above Avon Road and is compatible with the relatively level
topography. A retaining walls is proposed along the property perimeter. The walls is a dry
stack wall so the adjacent property should not be impacted.
The visual appearance of any proposed improvement as viewed from adjacent and
neighboring properties and public ways.
The property will be attractive with the stone building veneer and landscaping proposed. The
landscaping has been concentrated in the portion of the site that is most visible to adjacent to
public roadways and adjacent properties.
The objective that no improvement be so similar or dissimilar to others in the vicinity that
values, monetary or aesthetic will be impaired.
The building designs are not anticipated to have a negative monetary or aesthetic impact to others
in the vicinity. The scale of the buildings is compatible with other one story buildings north of
the site. Although there are no other buildings in the vicinity with a stone veneer, it is an
attractive building material that is used elsewhere in the community as an accent material on
buildings.
The general conformance of the proposed improvements with the adopted Goals, Policies
and Programs for the Town of Avon.
The proposed commercial buildings are in conformance with the comprehensive plan designation
of the site for commercial development, and therefore are consistent with the adopted Goals,
policies, and programs.
1. The relationship of the requested variance to other existing or potential uses and
structures in the vicinity.
The proposed variance is to allow a eleven parking spaces to be located partially within the
front 10 feet parking lot setback. Since the adjacent right-of-way has sufficient area to allow
for the applicant to provide landscaping, the variance would not be visible and would
therefore not have an impact on other existing and adjacent uses in the vicinity.
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2. The degree to which relief from a strict or literal interpretation and enforcement of a
specified regulation is necessary to achieve compatibility and uniformity of treatment
among sites in the vicinity, or to attain the objectives of this title without grant of
special privilege.
The variance is not necessary to achieve compatibility and uniformity of treatment. The
applicants would have to reduce the building area on the site. The town did acquire an 80
foot easement on the western side of the site which limits the amount of developable area on
the site such that the applicant is having difficulties meeting the parking requirement.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities and public safety;
[The variance is not anticipated to have a negative impact on light, air, traffic or public safety.
Since the adjacent area and right of way would be landscaped, the variance would not be very
noticeable. Additionally, the parking spaces are on an angle and only a small portion of the
spaces fall within the required 10 foot setback.
4. Such other factors and criteria applicable to the proposed variance.
No other additional factors have been identified.
Approval Criteria
According to the Section 17.36.040, the Avon Municipal Code, the Planning & Zoning
Commission shall consider the following factors with respect to the requested variance:
A. The relationship of the requested variance to other existing or potential uses and structures in
the vicinity;
B. The degree to which relief from the strict or literal interpretation and enforcement of a
specified regulation is necessary to achieve compatibility and uniformity of treatment among
sites in the vicinity, or to attain the objectives of this title without grant of special privilege;.
C. The effect of the requested variance on light and air, distribution of population, transportation
and traffic facilities, public facilities and utilities, and public safety;
D. Such other factors and criteria as the Commission deems applicable to the proposed variance.
Findings Required
According to Section 17.36.050 of the Avon Municipal Code, the Planning & Zoning
Commission shall make the following written findings before granting a variance:
Staff Recommendation
Staff recommends approval of the final design and variance as presented.
If you have any questions regarding this project or any planning matter, please call me at 949-
4280 (extension 131), or stop by the Community Development Department.
Respectfully submitted,
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Karen Griffith
Town Planner
ff,'NM-V
iLcf—,5 i— , h lac %% I Pw,-tfi*'w'fvUtl , c� f-irt C� f�1-�-� 46
September 11). 199'; Plan« �. ZOE! Commission mecum:
Planning & Zoning Commission Action
❑ Approved as submitted Approved with conditions ❑ Denied
❑ Tabled ❑ Withdrawn by applicant
Conditions (if applicable):
1. The town engineer approve the final grading plan
2. The landscape plan retun to the Planning & Zoning Commission for approval;
3. The shopping center top linear cap will match the green roof color;
4. The sign program for the shopping center and the lighting for the building
and the parking lot will return for Planning and Zoning approval;
5. All building roof top mechanicals to be painted to match either the roof
rv6m-Urane or the green roof color whichever it is close to;
Signe :
Date_
Jack H r
Atte
Date
Sue Railton. Secretary
6. Staff conditions the applicant to revise the site plan to show connections
between the sidewalk along the site frontage with the side walk to the west
on Avon Road and the sidewalk to the east on Hurd Lane and upon staff approval
of those revisions, the applicant may apply for a building permit.
9MBS.Doc
September 19. 1995 Planni, '�, Zorung Commission mecung
Planning & Zoning Commission Action
Approved as submitted ❑ Approved with conditions
❑ Tabled ❑ Withdrawn by applicant
Findings:
❑ Denied
A. The relationship of the requested variance to other existing or potential
IISPs and structures in the vicinity.
_B. The degree to which relief from the strict or literal interpretation
and enforcement of a specified regulation is necessary -to achieve compatibility
and uniformi t)r of treatment among sites in the vaci ni ty, or to attain the
ob.iectives of this title without grant of special privilege..
C. The-effecl of the requested variance on light and air, distribution of
Sy_n .pulati transportation and traffic facilities, public facilities and
utilities, and public safety
Date
Jack H
Date
Sue Railton. Secretary
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