TC Res. No. 1985-19RESOLUTION NO.-85-19
SERIES OF 1985
A RESOLUTION GRANTING A SPECIAL REVIEW USE TO ALLOWRETAI_L
SALES AND PERSONAL SERVICES IN THE WOLFF WAREHOUSE ON LOT 23,
-BLOCK 1, BENCHMARK AT BEAVER CREEK
WHEREAS, Blue Steel Gun Shop, Inc. has requested a
Special Review Use to allow retail sales and-personal services
in the Wolff Warehbuse.-on Lot 23, Block 1, Benchmark at Beaver
Creek which is located in IC (Industrial Commercial) Zone
District; and
WHEREAS, retail sales and personal service outlets are
allowed in the IC Zone District as a Special Review Use; and
WHEREAS, the Planning and Zoning Commission has held
a public hearing-and has determined that the proposed use:
l.. otherwise complies with all requirements imposed
by the Zoning Code; and
2. is consistent with:. the-obj~ectives,arid -purposes,,of
the Zoning Code; and
3. is deemed compatible with surrounding land use
and uses'in the area; subject to:
1: Submittal of a document,,.by owner of property,
and approval by the Town Attorney, agreeing
to restrict uses within the project to uses
which do not exceed parking requirements for
the currently available 15 parking spaces or
additional parking spaces provided in accordance
with Chapter 17.24 of the Avon Municipal Code.
2. All changes in occupancy or use'within--the-:project
shall be reviewed and approved by the Planning
and Zoning Commission for compliance with
parking requirements.
3. Parking for the Blue Steel Gun Shop, Inc. shall be
.calculated at the rate of 3.0 spaces per 1000 square
feet for a parking requirement of 8 spaces for the
proposed retail sales, gun repair and archery court.
NOW, THEREFORE BE IT RESOLVED THAT the Town Council
of the Town of Avon concurs with the determinations made by
the Planning and Zoning Commission and hereby approves the
Special Review request to allow retail sales and personal services
for Blue Steel Gun Shop, Inc. to be located in the Wolff Warehouse
on-Lot 23, Block 1, Benchmark at Beaver Creek subject to:
1. Submittal of a document, by the owner of the property,
and approval by-the Town Attorney, agreeing to
restrict uses within the project to uses which do
not exceed parking requirements for the currently
available 15 parking spaces or additional parking
spaces provided in accordance with Chapter 17.24 of
the'Avon Municipal Code.
-2. All changes in occupancy or use withim the project
shall be reviewed and approved by the Planning
and-Zoning Commission for compliance with parking
requirements.
3. Parking for.the Blue Steel Gun Shop, Inc. shall
be calculated at the rate of 3.0 spaces per 1000
square feet for a parking requirement of 8 spaces
for the proposed retail sales,, gun repair and
archery court.
ADOPTED this 11th day of, June , 1985.
-2-
STAFF REPORT TO-.PLANNING & ZONING COMMISSION -'5/30/85
.Lot 23, Block 1, Benchmark at Beaver Creek
.(Wolff Warehouse)
Special Review Use - Retail Sales, IC Zone District
Blue Steel Gun Shop, Inc.
INTRODUCTION
Jerry Galle, representing Blue Steel Gun Shop, Inc. has submitted an application
for a Special Review Use approval to allow retail sporting goods store, service
center., and archery court in the Wolff Warehouse located on Lot 23, Block 1,
Benchmark at Beaver Creek. Lot 23 is located in the IC Zone District with allowed
uses consisting of:
Warehouse, laboratories, electrical substation, light manufacturing
plants, wholesale sales outlets, showrooms, industrial, construction
-and wholesale offices, accessory building.
Special Review Uses consist of:
Residential unit when used in connection with business operation,
automotive or other vehicular sales and repair shops, retail sales
and personal service outlets, restaurants, public uses, outside
storage areas, general commercial offices.
The proposed use appears to be retail sales and personal service outlet which
can be allowed as a Special Review Use in this zone district.
Sectioff 17.20.030 Rules of Procedure for Special Review Approval
A. The concurring vote of a majority of the total authorized number of
members of the design review board shall be necessary for approval
of a special review use;
1. Notice shall be published once in a newspaper of general circulation
in the area at least twelve days prior to the hearing date. In lieu
of actual publication, the notice shall.also be effective by posting
the notice in at least three public places within the town in addition
to posting at the office of the town clerk. A written notice of said
hearing shall be sent by first class mail at least twelve days prior
to the hearing date to property owners within the area of proposed
use and within three hundred feet thereof. Owners of residential
multifamily condominium units may be served by mailing a copy of
any such required notice to the record address of the manager of
their homeowners' association;
2. A fee of fifty dollars shall be charged to cover the cost of processing.
The applicant shall also pay the actual costs of providing the notification
referred to-in subdivision 1 of this subsection;
Staff Report to Planning & Zoning Commission - 5/30/85
Lot 23, Block 1, Benchmark at Beaver Creek
(Wolff Warehouse)
Special Review Use - Retail Sales, IC Zone District
Blue Steel Gun Shop, Inc.
Page 2 of 4
3. The design review board, in approving a special review use, shall make
a finding that the conditions in this section are satisfied by the
reasons set forth in the application and that granting the special
review use will make possible the reasonable use of the land; building
and structure,
4. The design review board, in approving a special review use, may pre-
scribe appropriate conditions and safeguards in conformity with the
zoning laws of the town, violation of which-shall be deemed a
violation of this section;
5. If a special review use is approved as outlined above, the town
council shall-be notified in writing by.'the recording secretary of
the design review board and the town council shall take final action
granting, denying or granting with conditions identical to or
different from those prescribed by the design review board, based
upon testimony or-evidence presented to either the design,review
board or the town council. In approving a special review use,
the town council may prescribe appropriate conditions and.safe-
guards in conformity with the zoning laws of the town, violation of
which shall be deemed a violation of this section. (Ord. 83-24 S1,
Ord. 83-15 S1; Ord. 82-17 S1, Ord. 79-12 S3.4).
Section 17.20.020 Granting of Special Review Use
Whenever a use has been designated a special review use, a permit for such use may
be issued only upon approval of the design review board and town council.
A. All applications for approval of a special review use shall be processed
pursuant to the provisions of Section 17.20.030;
B. In considering the suitability of the special review use, the board shall
. determine:
1. Whether the proposed use otherwise complies with all requirements
imposed by the zoning code;
2. Whether the proposed use is consistent with the objectives and
purposes of this zoning code and the applicable zoning district; and
3. Whether the proposed use is designed to be compatible with surrounding
land uses and uses in the area;
C. No approved special review use may be modified, structurally enlarged or
expanded in ground area, unless such modification, enlargement or expansion
receives the prior approval of the design review board and the town council,
which approval shall be obtained by repetition of the granting procedures
provided in this chapter. (Ord. 79-12 S3.3).
•
Staff Report to-Planning & Zoning Commission - 5/30/85
Lot 23, Block 1, Benchmark at Beaver Creek
(Wolff Warehouse)
Special Review Use - Retail Sales, IC Zone District
Blue Steel Gun Shop, Inc.
Page 3 of 4
SPECIAL REVIEW USE CRITERIA
The Planning and Zoning Commission shall approve or deny Special Review Use
request after considering certain factors, including but not limited to:
A. The adequacy.of access to the site with respect to, the width of the adjacent
streets, their grades, intersection safety, visibility and entrance into
the lot to be developed;
B. Whether there exists safe access and sufficient water pressure to provide
fire protection;
.C. The existent water pressure in the area and the ability of the water system
to supply domestic needs;
D. Whether there will be provided sufficient off-street parking as determined
by:
1. The intended use of the property;
2. Walking distance to the downtown area; and
3. The availability of public transportation.
STAFF COMMENTS
The Wolff Warehouse consists of two separate but connected buildings. The
southerly building has a floor area of approximately 5,040 SF and is vacant at
this time. The northerly building currently houses Benchmark Cleaners cleaning
operations, approximately 2,520 S, and contains the proposed location of Blue
Steel Gun Shop, Inc., approximately 2,520 SF, as well as approximately 1,300 SF.
of office space which was approved as a Special Review Use on August 20, 1980.
(Minutes of that meeting are attached for your information).
Parking requirements for the Wolff Warehouse using minimum level use requirements
are:
Benchmark Cleaners
@
1/800 SF
3.15
Spaces
Proposed Gun Shop area
@
1/800 SF
3.15
Spaces
Vacant (South building)
@
1/800 SF
6.30
Spaces
Office Space
@
3/1000 SF
3.90 Spaces
Parking Requirements -
Min
imum Use
16.50
Spaces
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Staff Report to Planning & Zoning Commission - 5/30/85
Lot 23, Block 1, Benchmark at Beaver Creek
(Wolff Warehouse)
Special Review Use - Retail Sales, IC Zone District
Blue Steel Gun Shop, Inc.
Page 4 of 4
If parking requirements for the Gun Shop are calculated at the rate of 4/1000 SF
as required for shopping and convenience goods retail, the parking requirements
would be 10.08 spaces which increases total parking requirements to 23.43 spaces.
If parking requirements are calculated at the rate of 3/1000 as required for
personal services and repair establishments, the Gun Shop parking requirements
'Vould be 7.56 spaces for total project requirement of 20.91 spaces.
The Wolff Warehouse currently has 6 parking spaces in front of-the northerly
building where the Gun Shop is proposed and 9 spaces in front of the southerly
building for a total of 15 on-site spaces.
RECOMMENDED ACTIONS
1. Introduce Special Review Use request;
2. Open Public.Hearing;
3. Close Public Hearing;
4. Make determinations and findings as required Special Review Use action;
5. Act on Special Review Use request.
Respectful Submitted,
Norm Wood
Director of Engineering and
Community Development
Planning and Zoning Action:
Approved as Submitted ( ) Approved with Recommended Conditions (k')
Approved with Modified Conditions ( ) Continued ( ) Denied ( ) Withdrawn ( )
Date .1 s Patricia Cuny, Secretary.
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