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Res 95-6 DecisionPLANNING ANi, ZONING COMMISSION STAFF RL— ORT March 21, 1995 Industrial/Commercial (IC) Zone District Amendment Section 17.20.010. C. and D. Of Chapter 17.20 of Title 17 of Municipal Code of the Town of Avon PROJECT TYPE: IC Zone District Revisions ZONING: IC COMPLIES WITH ZONING? RECOMMENDED ACTION Adopt Resolution 95-6, which recommends approval of an amendment to the Industrial Zone District Regulations (Section 17.20.010 of the Municipal Code) pertaining to the number of residential units per lot allowed by Special Review. HISTORY John Perkins, on behalf of Dr. Bryant, received approval of Special Review Uses for Lots 30 and 31, Block 1, Benchmark at Beaver Creek, on December 20, 1994. The approved Special Review Uses include kennels, veterinary hospital, retail pet store, other retail space, office and two residential units (one for each lot). The applicant requested approval of four residential units, which is not allowed by the IC Zone District Regulations (Section 17.20.010). Much discussion has taken place concerning the process to allow for the additional residential units. At the last meeting, the Planning and Zoning Commission directed the applicant to pursue a Planned Unit Development process as a means of increasing the number of units. STAFF ANALYSIS Following that meeting Staff reviewed the Municipal Code, and offers the following comments: According to the Municipal Code (Section 17.20.110), the Planned Unit Development (PUD) is intended to allow flexibility and creativity in the development of land, in order to promote its most appropriate use. PUDs are generally used in sites that are difficult to develop due to topography, access, or other physical constraints. Another reason is to more effectively develop a site in terms of site design, infrastructure, or use of open space. In this particular instance, however, the only reason the applicant would use the PUD is to increase the number of units permitted beyond that allowed in the IC zone district. The IC zone district allows, through the special review use process, one residential unit per lot, in cot junction with a business operation. In the IC zone district, such residential units would generally be occupied by employees. Due to the shortage of employee housing, an increase in the number of units per lot seems like a reasonable option. In some cases, one unit per lot may be a reasonable limit, and in other cases, overly restrictive. The current zone district definition permits no flexibility in this regard. PLANNING ANI, ZONING COMMISSION STAFF RL. ORT March 21, 1995 Industrial/Commercial (IC) Zone District Amendment Section 17.20.010. C. and D. Of Chapter 17.20 of Title 17 of Municipal Code of the Town of Avon The purpose of the Zoning Code is to logically direct development; if PUDs replace the use of Zone Districts, then the link between the development review process and the standards and guidelines contained in the Zoning Code is weakened, and both the Code and the process lose credibility. CRITERIA FOR REVIEW, RECOMMENDATION, AND APPROVAL 1. Do the changing conditions in the character of the area warrant the amendment? 2. Will the amendment be compatible with the Town's Comprehensive Plan? 3. Will the amendment be suitable for the surrounding area and uses? 4. Are facilities adequate and available to address the proposed amendment? (The above criteria has been paraphrased from Chapter 17.28, Section 17.28.080 of the Zoning Code.) RECOMMENDATION Staff recommends amending the Municipal Code to allow an increased number of units (with 4 as a maximum) through the special review use process. By doing so, the Planning & Zoning Commission retains discretion over the approval of any residential units in the IC zone district, but without invoking the additional level of review implied by the PUD process. Revising the definition would also lessen the incentive to use the PUD process to circumvent the zone district regulations RECOMMENDED PROCEEDINGS 1. Introduce Application 2. Applicant Presentation 3. Open Public Hearing 4. Close Public Hearing 5. Commission Review 6. Commission Action PLANNING ANi. ,BONING COMMISSION STAFF R .ORT March 21, 1995 Industrial/Commercial (IC) Zone District Amendment Section 17.20.010. C. and D. Of Chapter 17.20 of Title 17 of Municipal Code of the Town of Avon Respectfully Submitted l,uw5- Mary Holden Town Planner PLANNING AND ZONING ACTION: Approved as submitted ( ) Approved with recommended conditions Approved with modified conditions ( ) Continued ( ) Denied ( ) Withdrawn ( ) Conceptual, No Action ( ) Date oZ'Sue Railton, Secretary The Commission approved amending the Resolution 95-6 in its entirety with the following change the first paragraph of the resolution recommending Avon Town Council amend Chapter 17.20 of the Municipal Code of The Town of business operation, and not to be subdivided, as a special review use in the Industrial Commercial IC Zone District with the following findings 1 _2, and and the above findings amended to match the first paragraph.