PZC Packet 060110Staff Report
Special Review Use
June 1, 2010 Planning & Zoning Commission Meeting VON
C 0 L 0 R A U 0
Report date: May 28, 2010
Project type: Special Review Use (SRU) — Amplified Sound
Legal description: Lot 2, Filing 1, Village at Avon
Address: 101 Fawcett Road, Suite 100
Prepared By: Matt Pielsticker, Planner II
I. Summary
The applicant, Cody Kennedy, the manager of ZaccaZa, is requesting a Special Review
Use (SRU) Permit to allow the use of amplified sound for live music on the outdoor deck
at the ZaccaZa restaurant (the Property), located in the Traer Creek Plaza building. At
the September 1, 2009 Planning and Zoning Commission meeting, the applicant
received approval for a Special Review Use permit with the condition that the permit be
reviewed by the Commission again prior to recommencing said use in 2010.
Attached for reference as Exhibit A to this report is a scaled aerial vicinity map depicting
the general location of the Traer Creek Plaza building and its immediate surroundings.
The applicant is requesting to operate amplified sound on the outdoor deck of the
restaurant daily, from 12:00 noon, until 10:00 pm. Additionally, a site plan showing the
proposed location and direction of amplified sound on the patio of the restaurant is
included as Exhibit B. The outdoor location of the live music venue has not changed
since the first review.
H. Process
The Property is located in Planning Area K of the Village at Avon PUD. Planning Area
K is zoned for Regional Commercial which permits restaurants and entertainment uses
and specifies amplified sound as a Special Review Use (SRU).
A Special Review Use is reviewed accordance with Section 17.48.040 of the Avon
Municipal Code (AMC).
III. Background
The restaurant has been playing outdoor amplified music in this location since 2008
under the terms of an amplified sound permit, issued by the Avon Town Clerk's Office in
accordance with Chapter 5.24, Amplified Sound Systems, (AMC). After receiving noise
complaints from a resident of Eagle -Vail, Planning staff received direction to research
the zoning and discovered that amplified sound is called out as a SRU in Planning Area
K. The applicant received approval from the Commission for this SRU for this amplified
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
ZaccaZa —Amplified Sound
June 1, 2010 Planning & Zoning Commission
2 of nV�ii
sound use on September 1, 2009, with the condition that it be reviewed by the
Commission on an annual basis to ensure compliance with pertinent codes.
IV. Review Criteria
According to the Sec 17.48.040, AMC, the following criteria shall be used when
reviewing a Special Review Use permit application:
1. Whether the proposed use otherwise complies with all requirements
imposed by the Zoning Code.
Staff Response: The subject "use" complies with all the applicable requirements
found in the Zoning Code and the applicant has adhered to the time constraints for
amplified sound permits.
2. Whether the proposed use is in conformance with the Town Comprehensive
Plan.
Staff Response: According to the 2006 Town of Avon Comprehensive Plan, the
Property is located in District 8, the Village at Avon East District. District 8 comprises
the region's commercial center and is intended to provide the Village with supporting
commercial development and regional commercial uses associated with the 1-70 and
Post Boulevard interchange.
3. Whether the proposed use is compatible with adjacent uses. Such
compatibility may be expressed in appearance, architectural scale and
features, site design and the control of any adverse impacts including noise,
dust, odor, lighting, traffic, safety, etc.
Staff Response: The Police Department received one noise complaint from an Eagle
Vail resident last summer. Accordingly, the Police Department monitored the sound
decibel readings last year during a live music performance to determine whether the
sound levels produced by amplified sound on the Property were within the acceptable
range of 65 decibels or less as measured from the property line.
The decibel readings were 65 decibels or less at the property line and thereby
indicated that the sound level produced by the live music did not exceed the
maximum decibel levels permitted for outdoor amplified sound, as stated above.
The site plan shows where the musicians will be located on the patio of the Property.
The speakers are pointed toward the Wal-Mart building. Staff does not foresee any
compatibility issues with the adjacent uses in the immediate area.
Public Benefit Criteria
According to Sec 17.28.085, AMC, the granting of an SRU permit requires evidence
of substantial compliance with the public purpose provisions as codified and copied
for your reference as follows:
A. The application demonstrates a public purpose which the current zoning
entitlements cannot achieve.
town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
ZaccaZa — Amplified Sound
June 1, 2010 Planning & Zoning Commission Meeting Page 3 of 3 Allh
B. Approval of the zoning application provides long term economic, cultural
or social community benefits that are equal to or greater than potential adverse
impacts as a result of the changed zoning rights.
C. The flexibility afforded in approval of the zoning application will result in
better siting of the development, preserving valued environmental and cultural
resources, and increasing the amount of public benefit consistent with the
community master plan documents.
Staff Response: Outdoor dining and entertainment add a level of vitality that enriches
a visitor's experience. Allowing the Property to include amplified music on their
outdoor patio during the summer will bring that vitality to the shopping center and
restaurant which could not otherwise be achieved without the SRU permit. Staff
recommends APPROVAL of the applicant's request to extend this SRU permit for
amplified sound through 2010 with the finding that it adheres to all the applicable
criteria for granting an SRU.
V. Recommended Motion
"I move to approve Resolution 10-02, thereby approving the request for amplified sound
at Suite 100, Lot 2, Filing 1, Village at Avon, with the finding that all the applicable
approval criteria have been met, and subject to the following conditions:
1. The hours of operation are limited to between 12:00 pm and 10:00 pm;
2. This permit is valid through 2010 and will be reviewed again prior to a
further extension into 2011;
3. An Amplified Sound Permit must be obtained from the Avon Town
Council, pursuant to Chapter 5.24 of the Avon Municipal Code, prior to
commencing such use; and,
4. Except as otherwise modified by this permit approval, all material
representations made by the applicant or applicant representatives in this
application and in public hearings shall be adhered to and considered
binding conditions of approval."
VI. Attachments
A: Vicinity Map
B: Site Plan
C: Resolution 09-08
D: Proposed Resolution 10-02
sown of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Zacca Za, Lot 2, Village at Avon
—Residential Streets
Property Boundaries
0
125 2.
Attachment A
Ryon
0
BA O D /KXICAI
GUE-STS
ZACCAZA
QTA ® VAg, Inc.
A,chimcYs@Plaave,s
9.9
• mM
'0'949.703497
fe(970)94
�AAM tlPol
�Attachment B
FO %%IAL PLAW5
Fop
ZaccaZa 0K10
Gast hih:e �\
*e
f p
d;8
ac
PROIP,Cf NAMR:
ZaccaZa
DRAWINGTrTLa
Plant Cut Sheets
SCIUE:
t
Ti2AF (g C? -GC -K-
C
? -GC -K
C VKP LEX
2006 v A, 6¢
--------------
PRAM
SHEAT:
RR
EavimeN"f—
AN D
Musk kNUE-
o�
v .
GUE-STS
ZACCAZA
QTA ® VAg, Inc.
A,chimcYs@Plaave,s
9.9
• mM
'0'949.703497
fe(970)94
�AAM tlPol
�Attachment B
FO %%IAL PLAW5
Fop
ZaccaZa 0K10
Gast hih:e �\
*e
f p
d;8
ac
PROIP,Cf NAMR:
ZaccaZa
DRAWINGTrTLa
Plant Cut Sheets
SCIUE:
t
Ti2AF (g C? -GC -K-
C
? -GC -K
C VKP LEX
2006 v A, 6¢
--------------
PRAM
SHEAT:
RR
Attachment C
D
a. 441 13 1II
FILING 1, VILLAGE AT AVON, TOWN OF AVON, EAGLE
WHEREAS, Cody Kennedy has applied for a special review use permit to operate
amplified sound for live music, as described in the application dated June 25, 2009; and
WHEREAS, a public hearing has been held by the Planning & Zoning Commission of
the Town of Avon on July 21, 2009 and September 1, 2009, 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 application; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered
the following review considerations:
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.
D. Whether the proposed use provides evidence of compliance with the
Public Purpose provisions outlined in the Avon Municipal Code.
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission
of the Town of Avon, Colorado, hereby approves a Special Review Use permit for
outdoor amplified sound of live music, as described in the application dated June 25,
2009; as stipulated in Title 17, of the Avon Municipal Code for Lot 2, Filing 1, Village at
Avon Subdivision, Town of Avon, Eagle County, Colorado.
SUBJECT TO THE FOLLOWING CONDITIONS.
1. Hours of operation are limited to between 12pm and l Opm.
2. This permit is valid through 2009, and will then be re -reviewed prior to
use in 2010.
3. An Amplified Sound Permit must be obtained and maintained, pursuant to
Chapter 5.24, Avon Municipal Code.
4. Except as otherwise modified by this permit approval, all material
representations made by the applicant or applicant representatives
in this application and in public hearings shall be adhered to and
considered binding conditions of approval
Signed:
/ Date:
v
Chair
Attest: 10
Secretary
Date:
Attachment D
TOWN OF AVON
RESOLUTION NO. 10-02
A RESOLUTION APPROVING EXTENSION OF A SPECIAL
REVIEW USE PERMIT TO PERMIT AMPLIFIED SOUND FOR
LIVE MUSIC ON LOT 2, FILING 1, VILLAGE AT AVON, TOWN
OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Cody Kennedy has applied for a special review use permit to operate
amplified sound for live music, as described in the original application dated June 25,
2009;
WHEREAS, public hearing have been held by the Planning & Zoning Commission of
the Town of Avon on July 21, 2009, September 1, 2009, and June 1, 2010, 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 application;
WHEREAS, at their public hearing held on September 1, 2009, the Planning & Zoning
Commission voted to approve Resolution No. 09-08 thereby approving the subject
Special Review Use permit with four conditions, one of which required this SRU to be
reviewed again prior to commencement of the use for the 2010 season; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered
the following review considerations:
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.
D. Whether the proposed use provides evidence of compliance with the
Public Purpose provisions outlined in the Avon Municipal Code.
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission
of the Town of Avon, Colorado, hereby approves a Special Review Use permit for
outdoor amplified sound of live music, as described in the application dated June 25,
2009; and as stipulated in Title 17, Avon Municipal Code, for Lot 2, Filing 1, Village at
Avon Subdivision, Town of Avon, Eagle County, Colorado.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. Hours of operation are limited to between 12pm and l Opm;
2. This permit is valid through 2010, and will then be re -reviewed by the
Commission prior to use in 2011;
3. An Amplified Sound Permit must be obtained and maintained, pursuant to
Chapter 5.24, Avon Municipal Code; and
4. Except as otherwise modified by this permit approval, all material
representations made by the applicant or applicant representatives
in this application and in public hearings shall be adhered to and
considered binding conditions of approval
ADOPTED THIS 1st DAY OF JUNE, 2010
Signed:
Date:
Chair
Attest:
Date:
Secretary