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TC Res. No. 1984-330 6 RESOLUTION NO. 84-33 SERIES OF 1984 A RESOLUTION GRANTING A SPECIAL REVIEW USE FOR PLACEMENT OF PLAYGROUND EQUIPMENT AND USE THEREOF BY JUNIOR VILLAGE DAY CARE CENTER ON A PORTION OF THE AVON TOWN CENTER MALL, OF TRACT G, BLOCK 2, BENCHMARK AT BEAVER CREEK WHEREAS, Junior Village Day Care Center has requested a Special Review Use for the placement of playground equipment on, and the use of a portion of the Avon Town Center Mall, of Tract G, Block 2, Benchmark at Beaver Creek Subdivision; and WHEREAS, the Planning and Zoning Commission has held a public hearing and has determined that the proposed use; 1. otherwise complies with all requirements imposed by the Zoning Code; and 2. is consistent with the objectives and purposes of the Zoning Districts; and 3. is deemed compatible with the surrounding land use and uses in the area; Subject to: 1. Compliance with all recommendations of the Town Attorney regarding contracts, agreements, liability and removal of equipment; 2. Provision of cash deposit or bond, by applicant, to assure repair or replacement of any facilities or landscaping damaged as a result of the Special Review Use; and 3. All playground equipment be removed and the area restored to its previous condition by November 1, 1984. 0 0 NOW THEREFORE BE IT RESOLVED THAT the Town Council hereby approves the Special Review Use allowing the placement and use of playground equipment on a portion of the Avon Town Center Mall, on Ttact G, Block 2, Benchmark at Beaver Creek Subdivision, subject to: 1. Compliance with all recommendations of the Town Attorney regarding contracts, agreements, liability and removal of equipment; 2. Provision of cash deposit or bond, by applicant, to assure repair or replacement of any facilities or landscaping damaged as a result of the Special Review Use; and 3. All playground equipment be removed and the area restored to its previous condition by November 1, 1984. 4. That the applicant diligently pursue their original plan for permanent quarters for the location for their Tot Lot. APPROVED: august 14, 1984 A lan R. tt.ing m, Mayor TO: The Honorable Mayor and Town Council FROM: William D. James, Town Manager DATE: August 9, 1984 SUBJECT: Special Review Use Junior Village Playground Please find attached a report outlining the use of the Mall for a playground area for Junior Village. This is a temporary request until November 1, 1984. Both the Mall Committee and the Planning and Zoning Commission have approved this use. If the Council is desirous of allowing this temporary use, the Town Attorney should be authorized to draft a Lease Agreement between the Town and the applicant. The lease should cover the following: 1) Insurance (naming the Town of Avon as additional insured.)' 2) Hold harmless clause. 3) Cash Bond in the amount of $2,500 for repairs. 4) Approval of location of equipment by the Town of Avon. 5) Penalty clause for not removing any equipment after November 1, 1984. 6) Cash deposit of $1,000 upon signing the Lease Agreement to cover expenses for attorney fees and maintenance of the area during the term of the lease which shall not be refundable. The Town of Avon and the property owners shall share in expenses for maintenance and legal fees. The main reason for allowing this use is the construction of a parking lot at Avon Center. By the time the agreement is drafted and signed by the parties, the actual use time of the area would only be two to two 1/2 months. Council action needed: 1) Pass the attached Resolution 2) Authorize the Town Attorney to draft a Lease Agreement 3) Authorize the Mayor to sign the Lease Agreement TO: William D. James, •Town Manager FROM: Dan Fogland, Building Administrator DATE: August 9, 1984 SUBJECT: Special Review Use - Junior Village Playground Area on Mall Tract G, Block 2, Benchmark Subdivision 1. Junior Village Day Care Center is proposing to use a portion of the Town Center Mall directly south of their business in the PWon Center for a playground area until November 1, 1964; 2. Attached is information that was presented with the request by the a}?plicant, and the Staff report to the Plannina and Zoning Commission; 3. July 26, 1984: Plannina and Zoning Commission approved the Special Review Use due to the fact that it was only temporary and subject to: a) Compliance with suggestions to Town Attorney, regarding such areas as liability, license agreements, removal of equipment, contracts, etc.; b) A provision be made for a bond or guarantee for replacement and/or damage to the call area; c) Removal of equipment by November 1, 1984. Staff Report to Planning and Zoning Commission - 7/26/84 Junior Village Playground Tract G, Block 2, Benchmark at Beaver Creek Page 1 of 2 Junior Village Child Care Center is proposing to use a portion of the Town Center Mall for a playground area for their business, which is located in the Avon Center building. History: - September 15, 1983: Junior Village was approved as a Special Review Use at the Avon Center. - December 1, 1983: Junior Village was before the Commission for approval of Lot 55 as a pick-up and drop-off area, and for Desi,gn'review for Lot 56 as a playground. Commission approved location and de- sign for 1,500 sq.ft. of playground on Lot 56. To Date, no noticeable action has been taken to install the playground on Lot 56. - July 9, 1984: Area was approved by the Town Mall Committee Currently, Junior Village is proposing to change the location of the playground, from Lot 56, to the Mall area south of their unit in the Avon Center building. Section 17.2.0.020-C - No Special Review Use may be modified, structurally enlarged or expanded in ground area, unless such modifications, enlargements, or expansions receive.-the prior approval of the Planning & Zoning Commission and the Town Council. Such approval shall be obtained by the repetition of the granting procedures provid- ed in this chapter. Therefore, Junior Village is currently applying for a modification of their Special Review Use. Section 17.20.020 - Granting of a Special Review Use-B: In considering the suit- ability of the Special Review Use, the Commission shall determine: 1. Whether the proposed use otherwise complies with all requirements imposed by - the Zoning Code; and 2. Whether the proposed use is consistent with the objectives and purposes of the Zoning Code, and the applicable Zoning Districts; and 3. Whether the proposed-use is deemed compatible with surrounding land uses, and uses in the area c "1116 APPLIC ATIO&A CW4r-Of-MS W"T14 ITEMS I Z-43) AezovE OHL.-i am "TgE 5Asis -NA-t -r ws s A TEMPOMAn y PcAAcm&q s s Staff Report/Junior Village Playground Page 2 of 2 Section 17.20.030 - B-4: The Planning & Zoning Commission, in approving a Special Review Use, may prescribe-appropriate conditions and safeguards, in conformity with the Zoning Laws of the Town, violation of which shall be deemed a violation of this section. STAFF CONSIDERATIONS: In analyzing and preparing for the Special Review Use, the Commission may want to consider the following: 1. What are the plans and objectives for use of the Town Center Mall area? 2. Any approval should be on a yearly renewal basis: 3. Condition of approval: Compliance with suggestions of Town Attorney regarding such areas as Liability, license agreements, removal of equipment, Contracts, etc. 4. Will the public be able to use this area? 5. Some provisions should be made for a "Bond" or guarantee, for replacement and/or damage to the Mall area. 6. Determine exact location and type of equipment to be used. Respectfully submitted, Dan Fogla , Building Administrator Planning and Zoning Action: Approved as Submitted: IZ'C M 5 3 Amp S 5ov~ To '66 GoKOL-160 wrr Approved with Modified Conditions: Jaw1aVAL OF f,4V11yp1&dT Nev. 1 19$k Continued: Denied: Dated: V 1,-1 26 _ I C1 S DF/brj 7/24/84 • PETER PAN EARLY LEARNING CENTERS, INC. 24 W 760 75th Street Naperville, I Ilinois 60540 312-961-3950 Re: Junior ViU-age Chiedc fte, Avon, Ptayground Area Juty 17, 1984 Dean Zoning Board Members: Enatos ed is a map and Layout o J the area in which I woutd tike to use Son a ptayground. I have outQ,ined the spec i.s,ic area that the Avon Center Committee agreed upon. There are many ptuses to using this area which were outtined to that committee and were acceptabte and concwmed with by them. One of the main 6acts was that the area we were given penmiss,con to use .in i,ti,a a ty may not be the best because they adjacent tot is to be btacktopped which woutd cause 6umes and not the beat of env.cAonments jor chiedAen to be ptayt.ng on at the present time. I am atao enceas.cng some pictuAes of the one on two pieces of equipment I wooed pta.ce in the proposed area. White these may not be the exact pieces they viilt be of the type we wift use. The di,stn ibuton is 6rom the area and wit be ab.te to vary the pieces according to our needs. P.tacement w tt depend on the teveeneas of the .land, but we expect no diii.icutty there. 1 am convinced that a6ter you have reviewed caAeJut.ty the situation and the discuzz.con put Sontvard at the meeting with the Avon Center Committee, - you w%Ze'concuA and agree that this area presents t ttte pro btem and g to in welt with the needs o6 the datAen. I know that once you have ob1ectivety viewed att o6 the maten,iat and heaAd my input and tha' t o6 others, that this is the best way to go Jon the sake o6 the ckLUten invotved. yo tnuCy, 44~ He een Hochst eA AN INDIVIDUALIZED AND CREATIVE EDUCATIONAL PROGRAM FOR YOUNG CHILDREN S 7 BY 1 f- i - 1 -ms s, _ - 1? - • _ • "M~^MTS Z' 7 ~ ` • i .~,`c f. ~,a. . • ` ~ ~ ~ : i ~ ~ A~-..~-1'-N'a~.2' 1^1 :~t't. ~r:r..r ws. a ; r-1Kr-,e~r~. y:wr ~ ~ • _ , t`•'CC `,+v ..~sl. p..~eS •a 7y~r ~'.v _ INY SLIDE PM-950 At low and wide for tots to safely to ble or Je down the stainless steel bedwaV. D , wide orovede a gradual climb to the ' us plat \TERIAL& fissure veatad.lumber and pipe joined th cast aluminu ng collate, MENSIONik IDE: 4' high x W long x 3' wide EPS: 18" wide x 21" deep ATFORM: 4' high x 55" long x 37- wide :IQHT:1,067Ibs. { S /ERALL DIMENSIONS: •1/2' long x 4-1/2' wide nit UZ, . v, 21 • \ , r:. a1'I'!''C'~ yn 1, ~ R ~ .'e - _ } _ , . --.mow- 2'..:y'+~.;.c .i, , • ~,.+'4 r-r $ 7 . J t ; ~L% + t exposed 'ends enclosed with aluminum pipe caps. RETAINING COLLARS: Cast alumin- um wiSPACyle 3WAIink galvanized. inum spec. ialiy designed with Oilite bearings, SEAT: Slash proof baby & belt types. SLIDE: Stainless steel backed with extei- ior grade plywood. DIMENSIONS: LENGTH: 16' SANDBOX: 3'6" sq. WIDTH: 10'6" WEIGHT`8401bs. PLATFORM: Hgt.: 3't Lg.: 4', Wdt.:.T SLIDE: Hgt.: 3', Lg.: 6', Wdt: 3' e SWING HEIGHT: 61" W • a, .s , 'r .ii ~ Dennis Malone, representing ALV Ventures, was resent for discus- sion. • The sign will be o -sided. Bill Pierce sug ed shrubbery around the back. Dennis Ma a stated that then s lighting inset across e the bottom and shrubs o the back are anned. The Board in general thought sign was attractive. At this time Bill Pier called for tion. Clint Watkins moved to approve the entranc sign to Avon Lake las III, Lot 45, Block 2, Benchmark Subdiv' ~.on with the provision t there be a minimum of j he back side of the site four (4) uni rsAo"t` otion was seconded by Tommy L Bauer-#'There were no nay votes. USE LIST INTERPRETATION, DAY CARE CENTER IN TOWN CENTER ZONING DISTRICT Dick Kvach explained that when questions arise as to whether this - specific use does or does not come within any expressed use category the person may apply to the P & Z Commission for determination of whether a specific use is an Allowed Use or Special Review Use with the determination made of the intention of the district and that compatibility of the proposed use. He explained that the question has come up whether a pre-school/day care center would be a use that would be permitted within a Town Center district as an Allowed Use or Special Review Use. He stated that in his review he felt it would be a use compatible with tourist type activities within the category, and the Allowed Use category is generally retail type uses. He felt that because of the intensity of the activity of a day care center that a pre-school/day care center should be allowed in a Town Center district as a Special Review Use. Dennis Cole, representing the applicant, Helen Hochstetter, stated that he felt it should be an Allowed Use subject to certain quali- fications. Bill Pierce asked if any outdoor space was required. Dennis stated that the State requires a certain amount of outside recreation space. Comments: Mike Blair - would classify it as a Special Review Use in order to give the effected property owners a chance to review it along with the Commission. Clint Watkins - could see making it a Special Review Use. Bill Pierce - it should be an Allowed Use due to physical improvements being made to the outside which would be required to be presented to the Commission. Jim Meehan - feels that the possible use and interpretation of the use requires this particular use be a Special Review Use because of the effect it has on the surrounding property owners. Dick Kvach advised the Board there are three considerations to be considered in a Special Review Use, those were: (1) Whether the proposed use otherwise complies with all requirements imposed by the Zoning Ordinance; (2) Whether the proposed use is consistent with the objective and purpose of the Zoning Code and applicable zoning district; and (3) Whether the proposed use is designed to be compatible with the surrounding land uses and uses in the area. Clint Watkins moved that the interpretation is that the P & Z Commission consider a pre-school/day care center as a Special Review Use in Town Center zoning. Motion was seconded by Jim Meehan. There were nn nav vn+-cc December 1, 1983, Planning & Zoning Meeting. Paae 3 of 5 Item #10: Pla round Day-Care Center Avon Center Lot 56, Block 2 B.S. is item had been before the commission at an earlier ate. There are 2 unresolved questions: 1) drop-off and pick-up point for children; 2) Design and location of the playground. Dennis Cole, representing the applicant, states 1) it is currently intention to use parking area on Lot 55, owned by Don Chaplin. Town Council saw letter of agreement between Don Chaplin, The Avon Center Partnership, Cal Colorado Investors and Junior Village Day Care Program, which is the Hodomar Partnership. The agreement makes available Lot 55 for the purpose of pick-up and drop-off of children. The bus stop will not be used for pick-up and drop-off. 2) Design plan for approximately 1,500 S.F. of playground or recreation area will be put on Lot 56. Day Care Center will put up split-rail-fence and kids will be under adult supervision. Will be attractive area that will enhance that end of Avon Center. If a problem arises concerning traffic congestion at any given time during the day, the Day Care Center will rearrange that schedule to alleviate that congestion. Day Care Center is sensitive to,that problem should it arise because it is a factor in marketing the project. Clint Watkins moved to approve the location and final design of the playground area. Pat Cuny seconded the motion. Carried unanimously. tem #11: Heritage Cablevision Office - S.R.U. - Lot 37, Block 1, B.S., URTt 3 J Lamont presents the parking-space issue. Nature o business is t some cust r service will take place. Gene Larson, applicant, estimat 3-5 persons per hou_ ould come to the facility for customer service. Need set aside 3 spaces in nt of the office area as customer service. Ther are employees in the'buildin - 6 of which would be full time people.. T re are also offices for the chief tec icians, technical staff, sales staff and chief regional technician. There a approximately 15 employees. rking on site - 5 people are there permanently; are service people. 11 arkino spaces are available - need 13 spaces. The appli t did not bring a arking diagram along because he was not previsouly requested do so. Dick Gustafson, participant in a 'ence, ns Lot 36, next to Doyle's Warehouse. Mentions that there is cable runnin oss his lot to a reception disc. He is not giving right-of-way for that n if he decides to build and it is approved and it blocks the cable receiver t wil a the cable company's problem. He also stated 1) if Rocky Mount . Cable didn give this information to Heritage, Heritage may have some caus of direction agai t them; 2) concerned what will happen when he decides t use land; 3) his land ld be used for parking lot and is a leasable spa Lamont recommended at until parking plan and suppor Ing letters of agreement are available t staff continue this until those docu is are in hand and then go through of 'cial procedure. Bill Pierc s favorable with this request, that the parkin is appropriate, and that thi does need to be continued. Mike B it moved that application be continued. Cli Watkin$ seconded. ion carried unanimously. STAFF REPORT TO PLANNING & ZONING COMMISSION Playground Design Approval Lot 56, Block 2, Benchmark Subdivision Staff has reviewed the request of Dennis Cole, representing Hodamar Partnership, for approval of playground and surrounding fence located at the west corner of Lot 56. This playground will be used in conjunction with the day care center in Avon Center. The fence surrounding the playground will be a 2 rail split-rail fence like that used along the Avon Road right-of-way. Approval of this request is recommended. Respectfully Submitted: Richard Kvach Planning Director Planning & Z ning Action: Approved as recommended:, Approved with modified conditions:- Denied: RK/ j b 11/30/83 Dad: , W-11i0m Pierce, Chairman N 7 00, / J Q d . i. N 0 Z .,tom - ~ ' • - N + + .i•'- • ~ ~ / r } + A, JL • r a m s 00 e ~ ._p„~ ~ ~ cis - ~ f.1 ~ D 4 4- x ` X y t~f \ x ~Yti v 3 Y ~ W i J • J Z : • a. Z Z W O ~ o W D Nom. 4 VIA 71 S - 'bps f N tl~ ask U0 ~ / J W < v z O 01 er l