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PZC Packet 081903Town of Avon Planning & Zoning Commission Site Tour August 19, 2003 12:00 PM Town of Avon Municipal Building 400 Benchmark Road Please meet at the Community Development Department Conference Room. Town of Avon Planning & Zoning Commission Work Session August 19, 2003 5:30 PM Council Chambers Town of Avon Municipal Building 400 Benchmark Road I. AGENDA A. Discussion of regular meeting agenda items. Estimated Times for each agenda item are shown for informational purposes only, and subject to change without notice. Posted on August 13, 2003 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • City Market, main lobbv Town of Avon Planning & Zoning Commission Regular Meeting August 19, 2003 6:00 PM Council Chambers Town of Avon Municipal Building 400 Benchmark Road AGENDA I. Call to Order (6:00pm) II. Roll Call Ill. Additions and Amendments to the Agenda IV. Conflicts of Interest V. Consent Agenda Approval of the August 5, 2003 Planning & Zoning Commission Meeting Minutes [Tab 1] VI. Minor Projects (6:05pm — 6:10pm) A. Lot 32, Block 2, Wildridge Subdivision 2643 Beartrap Road Accessory Structure Design Applicants/Owners: Patty McKenny [Tab 2] B. Lot 49A, Block 4, Wildridge Subdivision 5161 Longsun Lane Landscaping Improvements Applicant: Barbara Bright Posted on August 13, 2003 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • City Market, main lobby PUBLIC HEARING (6:10pm — 7:00pm) VII. Special Review Use Applications: A. Fiasco Restaurant/Tavern Lot 13, Block 1, Benchmark at Beaver Creek Subdivision 411 Metcalf Road Resolution No. 03-15 Applicant/Owner: David Svabik [Tab 3] B. Calvary Chapel Vail Valley Lot 22, Block 1, Benchmark at Beaver Creek Subdivision 77 Metcalf Road, Unit 105 Resolution No. 03-16 Applicant: Richard Wahl [Tab 4] PUBLIC HEARING CLOSED VIII. Sign Design (7:00pm — 7:05pm) A. Barrancas Address Signs (2) Lots 40/41, Block 1, Benchmark at Beaver Creek Subdivision 491/511 Metcalf Road Applicant: Ray Nielsen [Tab 5] IX. Adjourn (7:05pm) Posted on August 13, 2003 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • City Market, main lobbv Staff Report SPECIAL REVIEW USE HEART of the VALLEY C 0 L 0 R A D 0 August 19, 2003 Planning & Zoning Commission meeting Report date August 12, 2003 Project type Restaurant & Tavern ("Fiasco') Legal description Lot 13, Block 1, Benchmark at Beaver Creek Subdivision Zoning Industrial Commercial Address 411 Metcalf Road Introduction The applicant, David Svabik, is requesting a Special Review Use (SRU) Permit for the operation of a restaurant and tavern at 411 Metcalf Road. This application was tabled at the April 15th and May 6, 2003 Planning and Zoning meetings, and was later denied at the May 20, 2003 meeting through resolution No 03-07. A copy of this Resolution is attached. This application was tabled again at the August 5, 2003 Commission meeting. Included with this application are a site plan, floor plan, landscaping plan, and elevations. Since the May 20, 2003 Commission meeting, the applicant has revised both the floor plan layout and the site plan for this proposal. Modifications to the floor plan have reduced the amount of seating area for the restaurant and have added a game room facility. These revisions. have further reduced the demand on parking. Although difficult to determine at this point, it appears that the parking area on the revised site plan now has sufficient area for parking. The lot currently has an unimproved parking area that gains access from an easement through the neighboring property to the north (Lot 12, "Encompass"). Four separate tenants are currently occupying the building: Beaver Creek Automotive, Smith Woodworking, KLF Painting, and Mountain Spruce Inc. (woodworker). The applicant is proposing the restaurant use for the entire building. Criteria for Review According to section 17.48.040 of the Avon Municipal Code, the Planning & Zoning Commission shall consider the following criteria when evaluating an application for a Special Review Use permit: 1. Whether the proposed use otherwise complies with all requirements imposed by the Tofvn Zoning Code. As proposed, it appears that the parking lot has adequate space for the quantity and size of parking spaces and access aisles required. A revised site plan drawn to scale, showing the Town of Avon Community Development (970) 949-4280 Fax (970) 949-5749 Lot 13, Block 1, Benchmark at Beaver Creek Subdivision, Special Review Use for "Fiasco" August 19, 2003 Planning & Zoning Commission meeting Page 2 of 2 existing (contours) conditions, proposed grades, and drainage must be submitted for review by the Community Development Department in order for us to determine whether or not compliance is possible. 2. Whether the proposed use is in conformance with the Town Comprehensive Plan. The Comprehensive Plan serves as a guide for development and redevelopment in Avon. There are at least two criteria that should be reviewed for this project. Policy Al.1 from the Comprehensive Plan states that ".. redevelopment should be of a scale and intensity appropriate for the neighborhood in which it is located". This proposed use appears to conflict with the recommended policy. There are currently no eating or drinking establishments in the immediate area. Further, Policy A3.6 states that the Town should "encourage mixed use development... where compatible with existing neighborhoods". The neighborhood is industrial in nature. There are currently no restaurants or bars located on Metcalf Road, and it does not appear that this type of use would be compatible with the adjacent properties. 3. Whether t he p roposed use is c ompatible w ith adjacent u ses. S uch c ompatibility may b e expressed in appearance, architectural scale and features, site design and -the control of any adverse impacts including noise, dust, odor, lighting, traffic, safety, etc. There is question as to whether or not this use is compatible with the adjacent land uses. The impacts of this use may include increased vehicular and foot traffic on Metcalf Road, parking in undefined areas and blocking the access easement, and potential parking on the adjacent properties during the evening. It is important to note that there are no pedestrian connections to this project, which further exacerbates the impact of increased traffic and vehicular use. Staff has not received any letters from the adjacent property owners concerning this application. Various members of the public were present at the May 20, 2003 Commission meeting to support this application. No public input was received at the August 5th meeting. Recommended Motion Staff recommends denial of the Special Review Use Permit as set forth in Resolution 03-15 for Lot 13, Block 1, Benchmark at Beaver Creek Subdivision to allow for the operation of a restaurant and tavern as described in the plans dated July 17, 2003. If you have any questions regarding this or any other project or community development issue, please call me at 748-4030, or stop by the Community Development Department. Respectfully submitted, Matt Pielsticker Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO.03-15 A RESOLUTION DENYING A SPECIAL REVIEW USE PERMIT TO ESTABLISH A RESTAURANT AND TAVERN ON LOT 13, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Dave Svabik, owner of Beaver Creek Automotive, has applied for a special review use permit to operate a restaurant and tavern, as described in the application dated July 17, 2003, as stipulated in Title 17, of the Avon Municipal Code; and WHEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of Avon, pursuant to notices required by law, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed Special Review Use permit application; and WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered the following: A. Whether the proposed use otherwise complies with all requirements imposed by the zoning code; and B. Whether the proposed use is in conformance with the town comprehensive plan; and C. Whether the proposed use is compatible with adjacent uses. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby denies a Special Review Use for a proposed restaurant and tavern, as described in the application dated July 17, 2003, as stipulated in Title 17, of the Avon Municipal Code for Lot 13, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado, based upon the following findings: 1. That the proposed use does not conform to the Town Comprehensive Plan, particularly with respect to: Policy A1.1 — "Development and redevelopment will be of a scale and intensity appropriate for the neighborhood in which it is located." Policy A3.6 — "Encourage mixed -use development throughout the conlmuni l.y, where compatible with existing neighborhoods, to more efficiently use land." 2. The proposed use is not compatible with adjacent uses as planned. ADOPTED THIS 19th DAY OF A UG UST, 2003 Signed: Attest: Chairman , Secretary Date: Date: F:\Planning & Zoning Commission\Resolutioil s\2003\R.es 03-15 L13 B1 BMBC SRU Fiascov rec denial.doc Memo To: Planning & Zoning Commission From: Matt Pielsticker, Planning Technician Date August 13, 2003 Re: Minor Project for "Play Area" Patrick and Patty McKenny have submitted details for a proposed playground area at their home on Bear Trap Road. Staff would ordinarily approve playgrounds without review by the Commission; however, the Town has received a complaint about the play area. The Building Department has no issues with the play area. Staff Recommendations: Staff recommends approval of this design for a play area with the condition that the play area "be compatible with the design and materials utilized for the main building structure." Memo to Planning & Zoning — August 19, 2003 Page 1 of 1 F:\Planning & Zoning .Commission\Memos\2003\McKenny Play Area.doc MEMO To: Avon Planning & Zoning Commission Members Avon Planning Department From: Patrick McKenny 2643 Bear Trap Road West, Owner Avon, CO 81620 RE: Minor Project — Proposed Play Area Review by Town Staff & Planning & Zoning Commission on August 19, 2003 Date: August 12, 2003 Please accept my detailed application for the proposed "play area" to be developed on my property located at 2643 Bear Trap Road, West. Attached are the following items: 1. Original map & approval letter from Town of Avon Community Development staff 2. Proposed detailed map of play area 3. Proposed detailed drawing of play house 4. Proposed side view of play house I will be at the meeting on Tuesday August 19th and will be happy to answer any questions. Thank you for your time. 4\ C O L 0 R A D 0 May 16, 2003 Patty McKenny P.O. Box 2550 Avon, CO 81620 RE: MINOR PROJECT— STAFF APPROVAL FOR REVISED LANDSCAPING & RETA]NING, LOT 32, BLOCK 2, WILDRIDGE SUBDIVISION Rost Off(Ci' Sox 971 4"00 3eiichnwrk /?ou .41•0n. Coloradn :V 16'0 970- 4c1-4000 9'0449-91 ;9 Frt 9 =0-84 708 TT'r Patty: ; Staff has reviewed your application for the following modifications at 2643 Beartrap Road, Wildridge Subdivision. Proposed Modification(s): Regrade areas in rear and side yards, add several retaining walls, and landscaping areas as per plans and application dated May 14, 2003. Action: Approved with the following condition(s): 1. Regraded areas must be reseeded or landscaped in accordance with the Town of Avon Design Review Guidelines. Irrigation area may not exceed 20% of total landscape area. Revised landscaping guidelines are attached for your reference. 2. Reseeded slopes must not exceed a maximum grade of 2:1. 3. Positive drainage'must be established away from the structure. 4. All retaining walls must be under four (4) in height, and may not encroach into the utility and drainage easements. This approval is for the project design only. You are required to obtain any building permits (if necessary) prior to commencing work at the site, and you may contact the Building Division for information at 970.748.4004. Design approvals are valid for two years from the above -mentioned date. Thank you for your application. Please contact me at 970.748.4002 if you have any questions or require additional assistance. Aloha, , Tambi Katieb, AICP Cc: File M-DR2003-23 FIECENED MAY 14 Z003 Community Development j.)0 V APPROVAL Planning Division kignat CM 4f PO V - IN Iti OLI- 0 F, -Z L :7 1 • N N N F N H W W W W W W w0a tmi 0 ev Na a^a NNN d ti Q V r � a � � v Q v �+ z 60 l 1 tttt7i i'7a-1 f. T� S _{ t n F r. r '3 3 d c.i yMm r z +� 411 +, c{, t 3 0 v t; LLJ Ln N OL 0 O 0 Im •Im .c 3 'A a` V L a u w E C1 li �o T N + Y N r. E f0 N c =�a Q O V c C 10 N L O o v C o 0 as c o 0 N w O c 'O O O N C V O c E O _ v a m O N fC CC N v w m T c aN G7 £ V ,C m 3 O a T a N V m O v D T i = V H C `o r li w a Y N 7 N 1U9Wdojan9Q Apnww03 FOP z I inr FIASCO RESTAURANT and TA SITE PLAN Aspen 1.5" — 2.5" Caliper 39 Cottonwood 2" Caliper 18 58 Serviceberry 3-4' 6 Q Potentilla K. Dikes #5 52 �j River rock cobble 4-8" II II I I I I Native Perennial dry land flower mix Existing Trees & Shrubs R. O. Ex = Russian Olive A. Ex = Aspen C.W. Ex = Cottonwood C.A. Ex. = Crabapple Trees & Shrubs to be planted in holes twice the size of rootball. Top soil and compost mix used for back fill. Shredded cedar bark mulch to conserve moisture in wells. All trees and shrubs are to be drip irrigation. Native Perennial mix to be sown in soil which has been cultivated to a 2" depth with 2" of compost added. Seed to be top -dressed with compost to aid in rapid germination. Temporary irrigation used until perennials are established. River rock cobble underlayed with weed barrier. Rock to be even with grade of curb to aid in snow removal. Exl51i.Iq Kk4ivk. I C�.ar� � ea r-xis+mj N ova Ex a k ` O �.i SCALE 1"=20' knight planning services _ I juawdol@AO(] Allunwwoo cool L 'I Ur 03AI3038 Oq ivawdojanaa Aliunwuaoo cool L T inr (33AI333b i �44 h i V) F— cq "R 1 . .......... . . . . . . . . . . . . RECEIVED JUL 1 7 2003 Community Development FIASCO RESTAURANT and TAVERN BUILDING LAYOUT and USE ALLOCATION a 7 c M r 0 � � m o 0 0 � � w 3 r "'WdOIanaa XIIunww03 cool z r inr ` 3A1.333ki 9831AJOS BUluuvld IyBium OZ=„l 31VoS i J A) / �.1 I O� `p p I V3)JV 3E)V80.1S MONS aNV !JNIdVOk vl \ t N33'dDS 3dVOS4NVl O 0 OS S33bdS UNINEWd S -q,45 Q-i- r-0 ------`I �D; I�� p I I O z I i0 n c 0 I m v ttoay. ! 0 a0y5 ONIN33l1OS 3dVOSCINVl _ d 50�- -- ------ - - ----- I dyad ��\a 7 r` I . D i s Asia a 1 ON/1Sir9 I i NV -Id 311S Nd3Adl Ru'u 1NvunVIS3d OOSVId �' •' �l l t t'l1'1 ll 11' tl t J,t ^' y rn C3 w O x 0 (�D Q 3 0 tn CD ro X cn to O S O —1 —I °-' rt ro -, :I- a- z CD I i (D Ci (D O 0 L_ (D -' o ro o 0 ro z 3 C ZT C 0 > N d G -7 > D O r, O i Q S 0 p o, -• S -r ro O 0 — + O (D O SAS Q - O - ` �• 0 ` V D s n J VO O IV o a- s ° 3 (D Go a L-Ln S (D N 3 Q O C (D C) O S N O D c a n < 0 0 CD 3 0 -1, n a 7 !' s D o CD < D p � S < (D CO J— roQj N f O + r -< - (D 2 ro O kir J'J •r ,ti ti 11 r • •� J a�.ti 1 1 1i 1 rJ t� 1 r J f�'. ■ �tir1 • 1 r�+ v • r � � J - • • � � rfi tti. r J C � J 4 or •r ti 11� J 1. J th. t • ow _ or fU/)fU/1f1//1r�i/1r1►%�rll%�r�%,��,�5�,� ,,�i, �i--C�--(i-Ab--db c4, m .ih c4, R, .ir, Q, CTaban of �imn post office �IOx E �110", (9claraDO 81620 (303) 949-4280 April 29, 1980 Beaver Creek Automotive P.O. Box 7 Avon, Colorado 81620 Gentlemen: Thank you for your presentation to the Design Review Board on April 16, 1980 regarding your special use permit on Lot 13, Block 1 Benchmark Subdivision. You were granted final approval with the following conditions: 1. No grease be deposited on the site, that the drainage be positively located in the driveway and no drainage run off to the south of the property line. 2. The landscaping plan will be submitted to the Board for ap- proval on the 7th of May, 1980 - this approval is subject to that approval (landscaping). 3. Only two parking spaces be permitted for storage of auto- mobiles on the exterior for this particular special use. 4. The method of enforcement, and the Town Attorney's determina- tion of the legal and most expedient means of enforcement. 5. The special use permit will be reviewed at the Board's first. meeting in October, 1980 for any consideration of any viola- tions that the Board is aware of at that time. cc: Keith Troxel Sincerely, a Jerre Sort antl Recording Secretary Design Review Board RECEIVED MAY 13 2003 COMInunity Development R TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO.03-07 A RESOLUTION DENYING A SPECIAL REVIEW USE PERMIT TO ESTABLISH A TAVERN/NIGHTCLUB ON LOT 13, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Dave Svabik, owner of Beaver Creek Automotive, has applied for a special review use permit to tavern/nightclub, as described in the application dated March 21, 2003, as stipulated in Title 17, of the Avon Municipal Code; and WHEREAS, a public hearing has been held by the Planning & Zoning Comrm�7sion of the Town of Avon, pursuant to notices required by law, at which time the applicant and the public were given an opportunity to express their opinions and present cortain information and reports regarding the proposed Special Review Use permit application; and WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered the following: A. Whether the proposed use otherwise complies with all requirements imposed by the zoning code; and B. Whether the proposed use is in conformance with the town comprehensive plan; and C. Whether the proposed use is compatible with adjacent uses. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby denies a Special Review Use for a proposed tavern/nightclub, as described in the application dated March 21, 2003, as stipulated in Title 17, of the Avon Municipal Code for Lot 13, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado, based upon the following findings: 1. That the proposed use does not conform to the requirements as imposed by the Town Zoning Code, particularly with respect to: Section 17.24.010 A "Whenever the existing use of a building or structure shall hereafter be converted to a new use, parking or loading facilities shall be provided as required for such new use." Section 17.24.020 C — Off street Parking Requirements "Restaurants — Food consumed within structure only, outside patio used with a bar or restaurant do not require any additional parking. 1 space/60 sq. ft. of seating area." Section 17.24.020 A — General Off Street Parking Requirements: "3. Size and Vertical Clearance. All minimum requirements as to size, shape, and design of spaces, aisles and drives shall meet standard town of Avon specifications." "4. Access. Except on lots accommodating single-family or duplex dwellings, each off-street parking space shall open directly upon an aisle or driveway of a width of twenty-four feet for ninety -degree parking and design meeting standard town of Avon specifications_" "Surfacing. All open, off-street parking areas shall be surfaced with asphaltic concrete, concrete, or other approved hard surface, which shall be constructed and maintained in accord wiih specifications of town engineering department." 2. That the proposed use does not conform to the Town Comprehensive Plan, particularly with respect to: Policy Al. I — "Development and redevelopment will be of a scale and intensity appropriate for the neighborhood in which it is located." Policy A1.2 — "Redevelopment will adhere to the same standards as new development." Policy A3.6 — "Encourage mixed -use development throughout the community, where compatible with existing neighborhoods, to more efficiently use land." Subarea 4: Metcalf Road Light Industrial District design recommendatiorfl "Encourage new development that ... provides for proper on -site parking and circulation." 3. The proposed use is not compatible with adjacent uses as planned. ADOPTED THIS 20th DAY OF MAY, 2003 Sign C) � ��- � �— (,, (0 Date: V < (-'- . Chairman Attest: 144 Date: S 1--le) 03 Its ; i v fi , Secretary F TIanning & Zoning Conu ission\Resolutions\2003\Res 03-07 L13 B1 BMBC SRU Fiasco.doc Staff Report wz--vl, SPECIAL REVIEW USE AVON C 0 L 0 R A D O August 19, 2003 Planning & Zoning Commission meeting Report date August 13, 2003 Project type Administrative/Counseling Office for Church Legal description Lot 22, Block 1, Benchmark at Beaver Creek Subdivision Zoning Industrial and Commercial (IC) Address 0077 Metcalf Road (Unit #105) Introduction The applicant, Calvary Chapel Vail Valley, is requesting the use of a vacant office space at 77 Metcalf Road for their administrative office. They currently occupy an office space in the Mountain Center on Nottingham Road, however that lease is terminating. The application requests to utilize Unit #105 for light office use, event planning, and marriage and family counseling. Evening bible study, group study, and limited services are proposed as being limited to evening and Sunday use only. The primary Sunday service will be offered at an off -site location (currently in Edwards). Occupancy is projected to be between 5 to 10 people at any one time. Criteria for Review According to section 17.48.040 of the Avon Municipal Code, the Planning & Zoning Commission shall consider the following criteria when evaluating an application for a Special Review Use permit: Whether the proposed use otherwise complies with all requirements imposed by the zoning code. The use appears to comply with zoning requirements, and sufficient parking for the use as proposed exists. The use of this space as an `office' is a use by right, however, because of the potential conflict of a religious establishment in an industrial and commercial zone district, the applicant has submitted this special review use application for review. Additionally, the application proposes to limit all uses (outside of administrative work) to hours after the majority of businesses in the area are closed. Town of Avon Community Development (970) 949-4280 Fax (970) 949-5749 Lot 22, Block 1, Benchmark at Beaver Creek Subdivision, Special Review Use August 19, 2003 Planning & Zoning Commission meeting Page 2 of 2 2. Whether the proposed use is in conformance with the town comprehensive plan. The Comprehensive Plan supports this type of mixed use where appropriate. Policy D1.7 encourages the development of "youth -oriented education facilities.. and programming of any community or public facilities". Policy A1.7 states that the community should "include sufficient land for public uses.. (and) community facilities." It is staff s opinion that the use of this office space will comply with the general policies as stated in the Comprehensive Plan. 3. Whether t he p roposed use is c ompatible w ith adjacent u ses. S uch c ompatibility may b e expressed in appearance, architectural scale and features, site design and the control of any adverse impacts including noise, dust, odor, lighting, traffic, safety, etc. The proposed use is compatible with adjacent uses, particularly since it's primary function is as an administrative office. Services such as Bible study and youth groups will take place in evening hours and on weekend hours, when the majority of businesses in the area are closed. The project requires no architectural changes to the building (other than signage), and will not create adverse impacts as proposed. Staff Recommendation Staff recommends approval of Resolution 03-16 with the conditions as noted. Recommended Motion Approve Resolution 03-16 granting a Special Review Use Permit for Lot 22, Block 1, Benchmark at Beaver Creek Subdivision to operate the Calvary Chapel Vail Valley administrative office as described in the plans dated July 31, 2003 for a time period of 5 years, with the following conditions: 1. All services outside of administrative, management, and event planning will take place after 5:00pm during the week (Monday to Friday). 2. A sign permit will be required for any signage associated with this use. 3. This permit is valid subject to review and renewal exactly 5 years from the date of issuance (August 19, 2008). 4. Except as otherwise modified by this permit approval, all malerial representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. If you have any questions regarding this or any other project or community development issue, please call me at 748-4030, or stop by the Community Development Department. Respectfully bmitted, Tambi Katieb Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO.03-16 A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT TO OPERATE A CHURCH ADMINSTRATIVE OFFICE IN UNIT #105, 77 METCALF ROAD, ON LOT 22, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Calvary Chapel Vail Valley has applied for a special review use pen -nit to operate an administrative office for Church operations, as described in the application dated July 31, 2003, as stipulated in Title 17, of the Avon Municipal Code; and WHEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of Avon, pursuant to notices required by law, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed Special Review Use permit application; and WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered the following: A. Whether the proposed use otherwise complies with all requirements imposed by the zoning code; and B. Whether the proposed use is in conformance with the town comprehensive plan; and C. Whether the proposed use is compatible with adjacent uses. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby approves a Special Review Use for the operation of an administrative office for Church operations, as described in the application dated July 31, 2003, as stipulated in Title 17, of the Avon Municipal Code for Unit 105, Lot 22, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado, based upon the following findings: That the proposed use otherwise complies with all requirements imposed by the zoning code. 2. That the proposed use is in conformance with the Town Comprehensive Plan. 3. The proposed use is compatible with adjacent uses. Subject to the following conditions: All services outside of administrative, management, and event planning will take place after 5:00pm during the week (Monday to Friday). 2. A sign permit will be required for any signage associated with this use. 3. This permit is valid subject to review and renewal exactly 5 years from the date of issuance (August 19, 2008). 4. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. ADOPTED THIS 19th DAY OF AUGUST, 2003 Signed: Attest: Chairman Secretary Date: Date: FAPlanning & Zotung Commission\ResolutionsQ003\Res 03-16 L22 B1 BMBC Calvary SRU.doc Staff Report SIGN DESIGN HEART of the VALLEY C 0 L O R A D O August 19, 2003 Planning & Zoning Commission meeting Report date August 13, 2003 Sign type Address Signs Legal description Lots 40/41, Block 1, Benchmark at Beaver Creek Subdivision (Barrancas) Zoning PUD Address 491 (Lot 40) & 511 (Lot 41) Metcalf Road Introduction The applicant is proposing two freestanding address signs on Metcalf Road for two of the entrances to the Barrancas housing project. Both proposed signs are the same size (approximately 3 square feet) and constructed with the same materials: steel, corrugated metal, and acrylic letters. No lighting is proposed, and each sign displays the address numbers and street name. Since there is no Master Sign Program governing these lots the sign allowance and design are evaluated based upon the Town's Sign Code. Design Review Considerations According to the Town of Avon Sign Code, Section 15.28.070, the Planning & Zoning Commission shall consider the following items in reviewing proposed designs: 1. The suitability of the improvement, including materials with which the sign is to be constructed and the site upon it is to be located. Address signs are appropriate for the proposed sites given the scale of the project and the need for identification on Metcalf Road. The Municipal Code encourages signs that utilize metal with construction. The signs would be constructed with the same materials as those used with the structures on -site. 2. The nature of adjacent and neighboring improvements. The area is industrial in nature, and these signs appear to be appropriate for the neighborhood. 3. The quality of the materials to be utilized in any proposed improvement. The proposed materials are of high quality and durability. 4. The visual impact of any proposed improvement, as viewed from any adjacent or neighboring property. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lots 40/41, Block 1, Benchmark at Beaver Creek Subdivision, Barrancas Address Sign Design August 19, 2003 Planning & Zoning Commission meeting Page 2 of 2 The proposed signs would not have any significant impact to adjacent properties. 5. The objective that no improvement will be so similar or dissimilar to other signs in the vicinity that values, monetary or aesthetic, will be impaired. It is Staff s opinion that there will be no impairment. 6. Whether the type, height, size, and/or quality of signs generally complies with the sign code, and are appropriate for the project. The proposed signs generally comply with the sign code in terms of height, size, and quality. 7. Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is appropriate for the determined orientation The primary orientation of the proposed signage is to vehicular traffic, which is appropriate. Staff Recommendation Staff Recommends Approval of this Barrancas address sign design application for Lots 40 and 41, Block 1, Benchmark at Beaver Creek Subdivision (Barrancas) with the following conditions: 1. The acrylic lettering (silver) must be non reflective in appearance. 2. Lighting for the signs must be reviewed by the Community Development Department prior to installation. 3. Except as otherwise modified by this pen -nit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. If you have any questions regarding this project or any planning matter, please call me at 748.4413, or stop by the Community Development Department. Respectfully submitted Matt Pielsticker Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 / W / ^N I C Z LM Z u J Z /r Q / a I // w z o r r cj-) ==J r� w / / o o ' z cn Q 111 V4 _ o a \ c-I w Q � I 1 I 1 � I 1 � I 1 \ I I CDc _ CV l/) W F - -J Q W -J L LJ 3�- J LLJ J Q u Q l'7 Z:D W On Q X � N z LL O w OW _ _J ¢ W N Z w rn w 'ED N X ¢ :::� Z ¢ N I— N J J -J In w UD O rD u v - L/') try LL- C= a' � N I— X W � C � U � I O O VI f _IVED AUG 1 Community Development 5tatement to: Town of Avon Planning and Zoning Commiooion August 19, 2003 Good evening. I am John Quinn. I have lived in this valley for Some time, eight of those years in the home I built in Wildridge at 4071A Wildridge Road, West. I am here tonight to Speak -up in opposition to the Structure erected by Patty McKenny, who I understand io the Town of Avon town clerk, whose home io at 2643 Bear Trap Road, West. I have enclosed photos of this project in the packet I have provided and I oppose this project for the following reasono. The erected Structure io: 1. Rather large. The Scale and proportion of the Structure Seem inappropriate and contrary to Town of Avon Design Review Guidelines. 2. Exccooively elevated through recent regrading, which appears to be contrary to Town of Avon Design Review Guidelines. 3. Pushed aS close to my lot ao possible, with architectural finioheo which appear picket -fence like and lot line -delineating in nature, again contrary to Town of Avon Design Review Guidelines. 4. Out of context with neighboring Structures and natural environment and contrary to Town of Avon Design Review Guidelines. And, 5. The Structure Seems commercial or municipal in Scale and oeemo larger in ocale than the photon submitted of variouo Rainbow Play 5yotemo, Inc. componento by Patrick McKenny in a memo to the Avon Planning and Zoning Commiooion members dated August 12, 2003. And, unleoS the McKenny family io actually erecting a residentially ocaled Rainbow Play 5yotem I find thin discrepancy to be Seemingly mioleading. Additionally, it oeemo in review of the documento given to me thin pant week by Ruth Borne, Town of Avon community development director, the project wao given otafF approval by the community development office, for landscaping work only and the plan indicated a play area but not a Structure. This staff decision of landscape only approval has also been confirmed in my conversation with Tambi Katieb, Town of Avon community development Staff member, who advised they would take another look into the project. It iS my understanding that this Site visit was conducted by Matt Pielsticker, Town of Avon planning technician. And, in my conversation with Matt, this past week, he advised the town was not really Sure if this was a deck or a fence or what to call it. And Since these conversations with community development Staff, I have received a copy of a memo from Matt Pieloticker to the Planning and Zoning Commission dated August 13, 2003 indicating that the town Staff is recommending approval of this design and the final decision rests with you, the Planning and Zoning Commission. In my opinion, it Seems that an authorized landscaping project has now turned into an unauthorized building project of questionable design and location. Tonight, I ask you to review this project and determine its adherence to Town guidelines. Additionally, if the project iS within guidelines, I ask for clarification and explanation from you. And, if the project is not within guidelines, I ask that you ask the McKenny family to lower and move or remove this Structure. Thank you for Serving on the Planning and Zoning Commission, thank you for listening and I thank you for your time and consideration in this matter. A 4 ' a'�t yt3 t � � tt 1 Fol ,pment _{. ~'�, i. i :iu i--� _ ..m�.�:� ,: �� �� �� � �� wry: T � _.�� � �� p. b'�s :� �' n �3 .> <a _s X EN Al— _ e 1, Minutes of Planning and Zoning Commission August 5, 2003 Council Chambers Town of Avon Municipal Building 400 Benchmark Road I. Call to Order The meeting was called to order at 6:00 pm. II. Roll Call All Commissioners were present with the exception of Commissioner Pat Him. III. Additions and Amendments to the Agenda There is an amendment to the Consent Agenda. Lot 61, Block 1, Wildridge Subdivision Minor Project has been added to the Agenda. Lot 47, Block 3, Wildridge Subdivision Sketch Plan and Lot 72, Block 4, Wildridge Subdivision Sketch Design have been moved to the Consent Agenda. IV. Conflicts of Interest Chairman Evans disclosed a conflict Lot 61, Block 1, Wildridge Subdivision Minor Project which has been taken to the Consent Agenda and Commissioner Karow disclosed a conflict with Item VII, A, Planned Unit Development Amendment, The Village at Avon, and Item VI, D, Lot 47, Block 3, Wildridge Subdivision Sketch Plan. V. Consent Agenda Chairman Evans opened for a motion for the approval of the Meeting Minutes from the July 15, 2003, Planning & Zoning Commission Meeting, Lot 47, Block 3, Wildridge Subdivision Sketch Plan and Lot 72, Block 4, Wildridge Subdivision Sketch Design. Commissioner Smith motions for approval with Commissioner Didier seconding the motion. Motion passed 4-0 with Chairman Evans and Commissioner Karow abstaining. VI. Sketch Design Plan A. Lot 11, Block 1, Filing 1, Eaglebend Subdivision — Final Design 4500 Eaglebend Drive Applicant/Owner: Bill Varecha Tambi Katieb presented the Staff Report. John Perkins, architect for the applicant, commented on the many changes and features made. Roger Wilkinson, owner of Lot 12, Filing 1, Eaglebend Subdivision, appreciated the changes made and jotted down his thoughts for staff to review. He was concerned that the placement of the proposed home was detrimental to his home's view corridor and that the value of his home would be compromised. He feels the home is over 35 feet in height and that the home does not blend in with its setting. He requested denial by Planning and Zoning Commission until all issues were addressed. Bruce Drum, neighbor, approached the podium. He defined the river positioning of the home. He feels it is intrusive to have this home placed on its site as proposed. He is requesting a site visit to visualize the impact to the neighborhood by the positioning of the home. Chris Ekrum, Lot 15, feels poor judgment was used in placement of this home on its lot/envelop. Walter Dandy, neighbor at 3868 Eaglebend, felt uniformity of space from the river is the focus. Bill Varecha, applicant, has taken issue with his neighbors in their desire to have his home further from the river. He had aerial photos made to show his point. He feels the home is in keeping with the neighborhood and will appreciate the neighbor's homes by its 1.5 million dollar value. Nora Ames, Lot 12, bought her home in 1989. She voiced her impression of the unexpected placement of the home so close to the river. Jim Stovall, attorney for the Varecha's, approached the podium and began discussion of values and views as presented by the neighbors. He brought up the notion that views are not part of the finalized product. This property is well within the set backs as required by planning. He emphasized that views relate to those of the river and not across the property in question. Commissioner Trueblood motioned to for approval and Commissioner Smith seconded the motion. The motion passed 5-0 with Commissioner Didier abstaining. B. Lot 72, Block 4, Wildridge Subdivision — Sketch Design 5350 Ferret Lane Applicant/Architect: T. Scott Kyle Moved to Consent Agenda. C. Lot 45C, Block 2, Wildridge Subdivision — Sketch & Final Design 2520 Old Trail Applicant/Owner: Bob Mach Staff has recommended approval with the 6 conditions as presented in the Staff Report. Chairman Evans questioned the A, B, C identification which originated from a fourplex lot being resubdivided into four single homes. Automatic irrigation is required for this property. Commissioner Neville motioned to approve with all staff recommendations plus changing Item 1 to include Commission review for landscaping plan and staff for approval of window color. Commissioner Trueblood seconded the motion. All Commissioners were in favor except Commissioner Karow who abstained. Motion carried 5-1. D. Lot 47, Block 3, Wildridge Subdivision — Sketch Design 4791 Wildridge Road East Applicant/Architect: Kate O'Connor Moved to Consent Agenda. PUBLIC HEARING VII. Planned Unit Development Amendment A. The Village at Avon Planned Unit Development PUD Amendment for Zoning Plan of Tract N, Tract G, RMF-1, & Tract M Applicant: Traer Creek LLC Tambi Katieb presented the staff report. Commissioner Karow left the meeting. Conditions 3 and 5 were amended for clarification. Ruth Borne presented the history of useable space as developed in 1998 in order to thoroughly address the question posed by Commissioner Didier regarding the shrinking of park space. Shane Bohart, representing the Applicant, presented the park area and discussed the bisection by Swift Gulch road and the shrinking of the Fire Station lot to 1 acre which is what was originally required. Mr. Bohart revealed that missing park space would be addressed in other areas. Opened public hearing, no comments, and the public hearing closed. Commissioner Trueblood made a motion for approval of Resolution 03-14 with conditions as presented by staff. Commissioner Smith seconded the motion and it passed unanimously with 5-0 vote. Vill. Special Review Use Application A. Fiasco Restaurant/Tavern 411 Metcalf Road Applicant/Owner: David Svabik Public hearing opened, and with no comments, the public hearing closed. Commissioner Smith motioned to table for two weeks and Commissioner Didier seconded the motion. All commissioners were in favor and the motion passed unanimously. PUBLIC HEARING CLOSED IX. Other Business Minor Project Approvals: A. Lot 52, Block 4, Wildridge Subdivision 5183 Longsun Lane Addition above existing garage Applicant/Architect: Jennifer Buck B. Lot 57, Block 3, Wildridge Subdivision 4611 North Point Replace existing wood siding with stucco Applicant/Owner: Jan Livergood X. Adjourn Commissioner Neville made a motion to adjourn, with Commissioner Trueblood seconding. The motion was approved unanimously. The meeting adjourned at 7:30 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Chris Evans Chairman Terry Smith Secretary FAPlanning & Zoning Commission\Minutes\2003\080503.doc Staff Report SPECIAL REVIEW USE HEART of the VALLEY C O L 0 R A D 0 August 19, 2003 Planning & Zoning Commission meeting Report date August 12, 2003 Project type Restaurant & Tavern ("Fiasco") Legal description Lot 13, Block 1, Benchmark at Beaver Creek Subdivision Zoning Industrial Commercial Address 411 Metcalf Road Introduction The applicant, David Svabik, is requesting a Special Review Use (SRU) Permit for the operation of a restaurant and tavern at 411 Metcalf Road. This application was tabled at the April 15th and May 6, 2003 Planning and Zoning meetings, and was later denied at.the May 20, 2003 meeting through resolution No 03-07. A copy of this Resolution is attached. This application was tabled again at the August 5, 2003 Commission meeting. Included with this application are a site platy, floor plan, landscaping plan, and elevations. Since the May 20, 2003 Commission meeting, the applicant has revised both the floor plan layout and the site plan for this proposal. Modifications to the floor plan have reduced the amount of seating area for the restaurant and have added a game room facility. These revisions have further reduced the demand on parking. Although difficult to detennine at this point, it appears that the parking area on the revised site plan now has sufficient area for parking. The lot currently has an unimproved parking area that gains access from an easement through the neighboring property to the north (Lot 12, `Encompass"). Four separate tenants are currently occupying the building: Beaver Creek Automotive, Smith Woodworking, KLF Painting, and Mountain Spruce Inc. (woodworker). The applicant is proposing the restaurant use for the entire building. Criteria for Review According to section 17.48.040 of the Avon Municipal Code, the Planning & Zoning Commission shall consider the following criteria when evaluating an application for a Special Review Use permit: 1. Whether the proposed use otherwise complies with all requirements imposed by the Town Zoning Code. As proposed, it appears that the parking lot has adequate space for the quantity and size of parking spaces and access aisles required. A revised site plan drawn to scale, showing the Town of Avon Community Development (970) 949-4280 Fax (970) 949-5T49 Lot 13, Block 1, Benchmark at Beaver Creek Subdivision, Special Review Use for "Fiasco' August 19, 2003 Planning & Zoning Commission meeting Page 2 of 2 existing (contours) conditions, proposed grades, and drainage must be submitted for review by the Community Development Department in order for us to determine whether or not compliance is possible. 2. Whether the proposed use is in conformance with the Town Comprehensive Plan. The Comprehensive Plan serves as a guide for development and redevelopment in Avon. There are at least two criteria that should be reviewed for this project. Policy Al.1 from the Comprehensive Plan states that ".. redevelopment should be of a scale and intensity appropriate for the neighborhood in which it is located". This proposed use appears to conflict with the recommended policy. There are currently no eating or drinking establishments in the immediate area. Further, Policy A3.6 states that the Town should "encourage mixed use development... where compatible with existing neighborhoods". The neighborhood is industrial in nature. There are currently no restaurants or bars located on Metcalf Road, and it does not appear that this type of use would be compatible with the adjacent properties. 3. Whether t he p roposed use i s c ompatible w ith adjacent u ses. S uch c ompatibility may b e expressed in appearance, architectural scale and features, site design and the control of any adverse impacts including noise, dust, odor, lighting, traffic, safety, etc. There is question as to whether or not this use is compatible with the adjacent land uses. The impacts of this use may include increased vehicular and foot traffic on Metcalf Road, parking in undefined areas and blocking the access easement, and potential parking on the adjacent properties during the evening. It is important to note that there are no pedestrian connections to this project, which further exacerbates the impact of increased traffic and vehicular use. Staff has not received any letters from the adjacent property owners concerning this .application. Various members of the public were present at the May 20, 2003 Commission meeting to support this application. No public input was received at the August 5ch meeting. Recommended Motion Staff recommends denial of the Special Review Use Permit as set forth in Resolution 03-15 for Lot 13, Block 1, Benchmark at Beaver Creek Subdivision to allow for the operation of a restaurant and tavern as described in the plans dated July 17, 2003. If you have any questions regarding this or any other project or community development issue, please call me at 748-4030, or stop by the Community Development Department. Respectfully submitted, Matt Pielsticker Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO.03-15 A RESOLUTION DENYING A SPECIAL REVIEW USE PERMIT TO ESTABLISH A RESTAURANT AND TAVERN ON LOT 13, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Dave Svabik, owner of Beaver Creek Automotive, has applied for a special review use permit to operate a restaurant and tavern, as described in the application dated July 17, 2003, as stipulated in Title 17, of the Avon Municipal Code; and WHEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of Avon, pursuant to notices required by law, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed Special Review Use permit application; and WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered the following: A. Whether the proposed use otherwise complies with all requirements imposed by the zoning code; and B. Whether the proposed use is in conformance with the town comprehensive plan; and C. Whether the proposed use is compatible with adjacent uses. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby denies a Special Review Use for a proposed restaurant and tavern, as described in the application dated July 17, 2003, as stipulated in Title 17, of the Avon Municipal Code for Lot 13, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado, based upon the following findings: 1. That the proposed use does not conform to the Town Comprehensive Plan, particularly with respect to: Policy Al. 1 — "Development and redevelopment will be of a scale and intensity appropriate for the neighborhood in which it is located." Policy A3.6 — "Encourage mixed -use development throughout the community, where compatible with existing neighborhoods, to more efficiently use land." 2. The proposed use is not compatible with adjacent uses as planned. ADOPTED THIS 19th DAY OF AUGUST, 2003 Signed: Attest: Chairman Secretary Date: Date: F:\Planning & Zoning Conunission\Reso1utions\2003\Res 03-15 L13 B1 BMBC SRU Fiascov rec denial.doc 1u8wdoj9n8Q Apunuwwoo POP z i inr FIASCO RESTAURANT and TP SITE PLAN O O C } �C C. aU 3 tZ .. cc Lu w 0 W aO D W q +vw Fjr�STWG 6Uko,NG 4�S 0 sgoa�e - feef Aspen 1.5" — 2.5" Caliper 39 U O O Cottonwood 2" Caliper 18 a 0 O - 58 Serviceberry 3-4' 6 Ro�h� O Q Potentilla K. Dikes #5 52 O River rock cobble 4-8" Native Perennial dry land flower mix • Sg � Existing Trees & Shrubs R. O. Ex = Russian Olive s6 A. Ex = Aspen g a .k C.W. Ex = Cottonwood C.A. Ex. = Crabapple O Trees & Shrubs to be planted in holes twice � �� CA r-,Yi64,K11 N to % the size of rootball. Top soil and compost EX a mix used for back fill. Shredded cedar bark ff55) mulch to conserve moisture in wells. Alltrees and shrubs are to be drip irrigation.SgNative Perennial mix to be sown in soil j which has been cultivated to a 2" depth with 2" of compost added. Seed to be top -dressed with compost to aid in rapid germination. Temporary irrigation used until perennials i are established. I / River rock cobble underlayed with weed barrier. Rock to be even with grade of curb to aid in snow removal. i` SCALE 1"_20' I. knight planning services juawdolOA8(] Allunwwoo cool L i -inp 03AI3338 Fm r4 C% el 0 .1 0 71, (A r% lb ;t> 04 ivawdolanaa Aliunwwoo cool L i inr a3AI333b ---�^,�,- %a I 04 RECEIVED JUL 1 7 2003 Community Development FIASCO RESTAURANT and TAVERN BUILDING LAYOUT and USE ALLOCATION 0 0 (D -,j m o 70 C=) m B cl—) CD j Iu9wdojenaa Xllunuawo3 Pooz z r 1nr 13SA I-43ge �/L AZ=., l TWOS soolmes Buluueld ly6lu5{ E a - I i I i• D£ S33bdS ONINEWd Q V3dV 3EJVWOlS MONS ONV EJNldVOR5gVI Q�- 3dVOSONV-1 O )J��I 1QZ f N33dOS )p O I l i I ! A C) y a f i I ON/1S�k� I i I J NVId 3116 1 PUP 1Nv)dn IS3bl OOSbld v v 11 �l l/ iT 1t fr 1! 1! 17 i/ it ll 1/ It 1/ 1/ it 1! 11 ll it lT !40 4J l!J l lJ Li l lJ ll lJ tl lJ b1lJ t11J• ll fJ t1 fJ rl tO tl '/ J ti� cl Z tl r t tl ! < cJ 11 rl LO J 9 rJ 9 U 19 cJ l'1 r t� V V 11 rl t rJ t� rJ t� cl tier r 9 r! t� �!l 1� ,t 1t It Il 11 tt l J,l !t 11 Jt Jt lit ll 1t It lj Il Jt !t It ll r O � m Q 4.. VI x H N W 0 3 O C o c s m -s N CD O S O (D F 1 —r, G� CD (D —ti �l S cD G a Z (D O C_ Z C 3 3 (D cD O O 0— 0—() a: S O N < Oo C > n O Q p --f. O S of Q e� 00 3 -t., O O W _ S g77 O CD '{ a -Q CD cD S o Q Z O sn' O O ,*D D w n Oo O � ` M D m O 03 2 lD S (D : 3• n N %U CD QJ �, 3 O_ O N < (D O (JD_ S N D c a n 3 O (ND O (D -r n ` O / s D o Z 7 <, ti i o °' S D x H ` 3' — ^ u! � n O S < (D CO O F--' (DL S (DQ (D (D aQj (D p� N � CD Q (D O t 'r it fT it �r l 4i 1J G1 rJ Cl fJ C1 fJ C1 lJ lJ Il J A Ji Jt It Jl •r { J LI r J V1 J L� 1 • tti1� rli ci atti11 7 • a� ti r1 r � v� • • r j J • rli r J • ~ J 4 _ • a�i1� J � J L �tir1. J ty. / ti1r�1 arJ 1�. _`Cry it 'T it it Vti fJ Cti J i1 fJ fJ iriffi _��II/�� e1 fJ �1 `clU �'�A�� CTofu t of �Jaan Post (office '�RoX � �Uon, lllolorabo 81620 (303) 949-4280 April 29, 1980 Beaver Creek Automotive P.O. Box 7 Avon, Colorado 81620 Gentlemen: Thank you for your presentation to the Design Review Board on April 16, 1980 regarding your special use permit on Lot 13, Block 1 Benchmark Subdivision. You were granted final approval with the following conditions: I. No grease be deposited on the site, that the drainage be positively located in the driveway and no drainage run off to the south of the property line. 2. The landscaping plan will be submitted to the Board for ap- proval on the 7th of May, 1980 - this approval is subject to that approval (landscaping). 3. Only two parking spaces be permitted for storage of auto- mobiles on the exterior for this particular special use. 4. The method of enforcement, and the Town Attorney's determina- tion of the legal and most expedient means of enforcement. 5. The special use permit will be reviewed at the Board's first meeting in October, 1980 for any consideration of any viola- tions that the Board is aware of at that time. cc: Keith Troxel Sincerely, a Jerre Sort and Recording Secretary Design Review Board RECEIVED m v 1 3 2003 Community Development A TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO.03-07 A RESOLUTION DENYING A SPECIAL REVIEW USE PERMIT TO ESTABLISH A TAVERN/NIGHTCLUB ON LOT 13, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Dave Svabik, owner of Beaver Creek Automotive, has applied for a special review use permit to tavern/nightclub, as described in the application dated March 21, 2003, as stipulated in Title 17, of the Avon Municipal Code; and WHEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of Avon, pursuant to notices required by law, at which time the applicar?t and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed Special Review Use permit application; and WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered the following: A. Whether the proposed use otherwise complies with all requirements imposed by the zoning code; and B. Whether the proposed use is in conformance with the town comprehensive plan; and C. Whether the proposed use is compatible with adjacent uses. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby denies a Special Review Use for a proposed tavern/nightclub, as described in the application dated March 21, 2003, as stipulated in Title 17, of the Avon Municipal Code for Lot 13, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado, based upon the following findings: 1. That the proposed use does not conform to the requirements as imposed by the Town Zoning Code, particularly with respect to: Section 17.24.010 A "Whenever the existing use of a building or structure shall hereafter be converted to a new use, parking or loading facilities shall be provided as required for such new use." Section 17.24.020 C - Off street Parking Requirements "Restaurants - Food consumed within structure only, outside patio used «; ith a bar or restaurant dry not require any additional parking. 1 space/60 sq. ft. of seating area." Section 17,24.020 A - General Off Street Parking R :;quiremenis: "3. Size and Vertical Clearance. All minimum requirernents as to size, shape, and design of spaces, aisles and drives shall meet standard town of Avon specifications." "4. Access. Except on lots accommodating single-family or duplex dwellings, each off-street parking space shall open directly upon an aisle or driveway of a width of twenty-four feet for ninety -degree parking and design meeting standard town of' Avon specifications" "Surfacing. All open, off-street parking areas shall be surfaced with asphaltic concrete, concrete, or other approved hard surface, which shall be constructed and maintained in accord with specifications of town engineering department." 2. That the proposed use does not conform to the Town Comprehensive Plan, particularly with respect to: Policy Al. I - "Development and redevelopment will be of a scale and intensity appropriate for the neighborhood in which it is located." Policy A1.2 "Redevelopment will adhere to the same standards as new development." Policy A3.6 - "Encourage mixed -use development throughout the community, where compatible with existing neighborhoods, to more efficiently use land." Subarea 4: Metcalf Road Light Industrial District design recommendation - "Encourage new development that ... provides for proper on -site parking and circulation." 3. The proposed use is not compatible with adjacent uses as planned. ADOPTED THIS 20th DAY OF AM Y, 2003 Sign r— (0 � Date: S Chairman Attest: IAIV2� Date: 5 go d� ItF.RIi;iv iJ� , Secretary PTIanning & Zoning Commission\Resolutions\2003\Res 03-07 L13 BI BMBC SRU Fiasco.doc