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TC Res. No. 1986-05TOWN OF AVON PLANNING AND ZONING COMMISSION RESOLUTION NO. 86-5 SERIES OF 1986 A RESOLUTION FROM THE TOWN OF AVON PLANNING AND ZONING COMMISSION RECOMMENDING THE AVON TOWN COUNCIL APPROVE A SPECIAL REVIEW USE FOR THE TRANSFER OF EIGHT RESIDENTIAL DEVELOPMENT RIGHTS FROM BENCHMARK AT BEAVER CREEK UNASSIGNED UNIT POOL TO LOT 12, BLOCK 2, BENCHMARK AT BEAVER CREEK WHEREAS, Stratford on Avon, a Colorado Partnership has filed application with the Town of Avon for approval of 'a Special Review Use for the transfer of eight Residential Development Rights from Benchmark at Beaver Creek Unassigned Unit Pool to Lot 12, Block 2, Benchmark .at Beaver Creek; and WHEREAS, the transfer of Development Rights,is allowed as a Special Review Use; and WHEREAS, a public hearing has been held by the Planning and Zoning Commission of the Town of Avon, pursuant to notices required by law, at which 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; and WHEREAS, following such public hearing and consideration of such information as presented, the Planning and Zoning Commission finds as follows: 1. The proposed use otherwise complies with all requirements imposed by the zoning code; 2. The proposed use is consistent with the objectives and purposes of the zoning code and the applicable' zoning district; 3. The proposed use is designed to be compatible with surrounding land uses and uses in the area. J • NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE TOWN OF AVON, COLOPADO, THAT: The Planning and Zoning Commission of the Town of Avon, Colorado hereby approves and recommends the Town Council of the Town of Avon, Colorado approve a Special Review Use to allow the transfer of eight Residential Development Rights from the Benchmark at Beaver Creek Unassigned Unit Pool to Lot 12, Block 2, Benchmark at Beaver Creek. 4r,. x CI APPROVED THIS -Y DAY OF. 1986. 22 Patricia uny, ecretry Michael S. Blair, Chairman 0 NOTICE OF PUBLIC HEAAIkG TO: WHOM IT MAY CONCERN: You are notified pursant to the provisions of Section /7 .20.030. S. 1 . o€ The Town of Avon Municipal Code, that a public hearing on the following matter will be held and considered at the meeting of the Planning and Zoning Commision of the Town of Avon, on December 2, 1586 at 7:30 PM in the Avon Municipal Complex, 400 Benchmark Road, Avon, Colorado, at which time and place you are invited to be present and be heard. PROPERTY OWNER: Stratford on Avon c/o Vail Bookkeeping and Accounting 508 E. Lions Head Circle Vail, CO 81657 APPLICANT: Allan R. Nottingham Box 5040 Avon, Colorado LEGAL DISCRIPTION OF PROPERTY: Lot 12, Block 2, Benchmark at Graver Creek, Town of Avon ADDRESS OF PROPERTY: 0540 West Seaver Creek Blvd., Avon, CO. REQUESTED CHANGE AND PROPOSED USE:- Special Review use for the transfer of eight unassigned Residential Deveiopment .Right from Benchmark at Seaver Creek unassigned Unit. Pool, to Lot 12, Block. 2, Benchmark at Beaver Creek, for a total of 12 units can LOt 12, Block: Benchmark: at. Seaver Creek:. DEADLINE: If you wish to be heard on this matter, you may appear personally or by designated agent at the public !-tearing on December 2, 158 r• OR you may file a written statement with the Town Clerk, Town of Avon, P.D. Box 970 Avon, CO 1 620 In order to be considered by the Planning and Zoning Commission such written statement must be received in the Town offices no later than 4:00 PM Tuesday December 2, 1986. OTHER : Applicant is Represented by Allan Nottingham, T Box 5040 von, 0 81620 949- 4 7$T, i ZZ~t' / cia,.. DoY ~3 Rec ~irn3 cr_ •arY Pla i g ~h d a oni g Commiss o POSTED AT THE FOLLOWING PLACES WITHIN TOWN OF AVON. November 20, 1986, PESTER GAS STATION, ENTRANCE TO POST OFFICE, CITY MARKET, MAIN LOBBY, AVON MUNICIPAL HALL 0 0 ROTS 13, 14, 15, & 16, Block 2, Benchmark at Beaver Creek c- uck Creek Condominium Association C/o Vail Bookkeeping and Accounting 508 E. Lionshead Circle Vail, CO 81657 T 11, Block 2, Benchmark at Beaver Creek Alpenflora Condominium Association C/O Lexina Cose Financial Service Box 1931 Glenwood Springs, CO 81602 VT 4, Block 2, Benchmark at Beaver Creek tone Creek Condominium Association C/0 Debbie Clemens Box 3810 Vail, CO 81658 10A, Block 2, Benchmark at Beaver ,Creek Ilan R. Nottingham and Celeste C. Nottingham Box 5040. Avon, CO, 81620 T 10B, Block 2, Benchmark ay Beaver Creek ✓M. Clare Lundgren Box 612 Avon, CO 81620 T 9, Block 2, Benchmark at Beaver Creek zo ~ onald Oelbaum C/0 Tom Maitland Box 1157 Vail, CO 81658 0 0 RESOLUTION NO. 86-5 SERIES OF 1986 A RESOLUTION GRANTING A SPECIAL REVIEW USE TO ALLOW RETAIL SALES AND PERSONAL SERVICES IN THE WOLFF WAREHOUSE, ON LOT 23, BLOCK 1, BENCHMARK AT BEAVER CREEK. WHEREAS, Beaver Track and Trail, Inc., has requested a Special Review Use to allow retail sales and personal services in the Wolff Warehouse, 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 allow- ed 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: 1. is consistent with the objectives and purpose of the Zoning Code; and 2. is deemed compatible with surrounding land use an d uses in the area; and 3. otherwise complies with all requirements imposed by the Zoning Code; subject to: a. the following parking requirements and uses within the existing building: Benchmark Cleaners @ 1/800 2,520 sq.ft. 3.15 spaces Blue Steel Gun Shop @ 3/1,000 2,520 sq.ft. 7.56 spaces Beaver Track & Trail @ 3/1,000 1,666 sq.ft. 4.98 spaces Office Space (vacant) @ 3/1,000 1,300 sq.ft. 3.90 spaces Warehouse Space (vacant) @ 1/800 3,374 sq.ft. 4.22 spaces Minimum Parking Spaces Required 23.81 spaces b. completion of site improvements providing at least 24 on-site parking spaces, as shown on site plan submittal with Special Review Use application, and subject to the conditions of the Planning and Zoning Commission design review approval; and WHEREAS, the Planning and Zoning Commission of the Town has approved the Special Review Use for 1,666 square feet of retail/personal service outlet for Beaver Track and Trail, Inc., in the existing build- ing on Lot 23, Block 1, Benchmark at Beaver Creek, subject to: The completion of site improvements providing at least 24 on-site parking spaces in accordance with approved site plan, or the provision of assurances, satisfactory to Town Staff and Town Attorney, that the site improvements will be completed no later than July 1, 1986. -1- • 0 NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Avon, Colorado, concurs with the findings and determinations made by the Planning and Zoning Commission, and hereby approves the Special Review Use for 1,666 square feet of retail/personal service outlet for Beaver Track and Trail, Inc., in the existing building on Lot 23, Block 1, Benchmark at Beaver Creek, subject to: 1. The completion of site improvements providng at least 24 on-site parking spaces in accordance with approved site plan, or the-provision of assurances, satisfactory to the Town Staff and Town Attorney, that the site improve- ments will be completed no later than July 1, 1986. 2. Applicant will be required to make other parking arrangements if the Town decides to widen Nottingham Road. ADOPTED THIS 28th day of January , 1986. TOWN COUNCIL TOWN OF AVON, COLORADO Allan R. ,xd, Mayor -2- i :z 'j i 1 l v cz, h~ h k V / S pAC E Co 4/c. G „L f PA"ivC ~ w J + ` l cATcA 6AS16.1 I~ • of Eli i y% 5 s pqc& V_ ~r 5 FRy 151 j r -Y 15 I 6" Cowc PAv~,v G E~- - 4; tJ p ~.LuLf/E r PLOT - 1,4 Al y / i 0 4o"6,. STAFF REPORT TO PLANNING & ZONING COMMISSION - 1/21/86 Lot 23, Block 1, Benchmark at Beaver Creek (Wolff Warehouse) Special Review"Use Retail Sales, IC Zone District Beaver Track and Trail, Inc. Continued from 1/7/86 Regular Meeting Public Hearing INTRODUCTION: Action on this application was continued at the December 17, 1985 and January 7, 1986 Planning and Zoning Commission meetings to allow possible resolution of a parking shortage on the site. At Staff's suggestion, the owner of the site has submitted a site plan showing on-site parking adjacent to Nottingham Road. The proposed plan shows piping of the Nottingham Road drainage ditch and paving the area between the edge of the existing pavement and the building. This would result in the addition of 9 parking spaces for a total of 25 spaces on the site. STAFF COMMENTS: The review of this application is now a combination of Special Review Use, Variance and Design Review. The Special Review Use. is for the proposed uses on the site.' The Design Review is for the site plan revisions necessary to meet the required parking requirements for the Special Review Use. The variance is to allow parking within the front 10 feet of the front yard. Staff comments are broken down per each of the individual actions. DESIGN REVIEW: 1. Staff recommends installation of a catch basin at the intersection of Metcalf and Nottingham Road along with piping the entire length of ditch from Metcalf Road to existing entrance to property; 2. Staff recommends parking spaces be perpendicular to Nottingham Road rather than building. This will lessen impact on existing greenspace, provide better grading transition and provide better parking angle; 3. Staff recommends minimum distance of 30 feet from southeasterly lot corner to first parking space to maintain adequate space from intersection to parking; 4. Detailed plans showing grading, drainage and materials must be submitted and approved prior to start of construction. 01 Staff Report to Planning & Zoning Commission - 1/21/86- Lot 23, Block 1, Benchmark at Beaver Creek _ (Wolff Warehouse) Special Review Use Retail Sales, IC Zone District Beaver Track and Trail, Inc. Continued from 1/7/86 Regular Meeting Public Hearing Page 2 of 5 SPECIAL REVIEW USE: The Planning and Zoning Commission shall approve or deny Special Review Use requests 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; Comment: Staff feels this item has been satisfactorily addressed subject to the above comments under Design Review. B. Whether there exists safe access and sufficient water pressure to provide fire protection; Comment: Staff feels this item is satisfactory . C. The existant water pressure in the area and the ability of the water . system to supply domestic needs; Comment: Available information indicates the proposed use would have an insignificant impact on the water system. 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; 3. The availability of public transportation; Comment: a. Public transportation is not available to the site at this time; b. The site is not generally considered to be within walking distance of the downtown area; c. Subject to approval of the proposed site p lan, minimum parking requirements would be met for the project; Benchmark Cleaners @ 1/800 2,520 sq.ft. 3.15 Spaces Blue Steel Gun Shop @ 3/1000 2,520 sq.ft. 7.56 Spaces Proposed Track & Trail @ 3/1000 1,666 sq.ft. 4.98 Spaces Office Space (Vacant) @ 3/1000 1,300 sq.ft. 3.90 Spaces Warehouse Space (Vacant) @ 1/800 3,374 sq.ft. 4.22 Spaces Minimum Parking Spaces Required 23.81 Available Parking with Proposed Site Plan 25 Spaces Staff Report to Planning & Zoning Commission - 1/21/86 Lot 23, Block 1, Benchmark at Beaver Creek (Wolff Warehouse) Special Review Use Retail Sales, IC Zone District Beaver Track and Trail, Inc. Continued from 1/7/86 Regular Meeting Public Hearing Page 3 of 5 VARIANCE: The proposed site plan would require a variance from Section 17.24.020 of the Avon Municipal Code. This section prohibits parking in the front 10 feet of the required front yards. Before acting on a variance application, the Commission shall consider the following factors: A. The relationship of the requested variance to other existing or potential uses and structures in the vicinity; B. The degree to which relief from the strict or literal interpretation and enforcements of a specified regulation is necessary to achieve.compatibility and uniformity of treatment among sites in the v:icinity, or to attain the objectives of this title without grant of special privilege C. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, and public facilities and utilities, and public safety; D. Such other factors and criteria as the Commission deems applicable to the proposed variance. The Commission shall make the following written findings before granting a variance: A. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; B. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; C. That the variance is warranted for one or more of the following,reasons: 1. The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with objectives of this title; Staff Report to'Planning & Zoning Commission - 1/21/86 Lot 23, Block 1, Benchmark at Beaver Creek (Wolff Warehouse) Special Review Use Retail Sales, IC Zone District Beaver Track and Trail, Inc. Continued from 1/7/86 Regular Meeting Public Hearing Page 4 of 5 VARIANCE, CON'T.: C. 2. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties-in the same zone; 3. The strict or literal interpretation and enforcement of the 'specified regulation would deprive the applicant of privileges enjoyed by owners of other properties in the same district. The following may be pertinent to the above findings and considerations: Comment: 1. The particular regulation from which the variance is requested was enacted after most of the existing projects in this zone district were developed. Consequently, encroachment into the front yard setback is common in this zone district; 2. This would be the first location where parked vehicles would be required to back into the street to exit'the!parking spaces; 3. Nottingham Road is dead-end in this area, with limited potential for development and consequently, limited traffic. RECOMMENDED ACTION: 1. Introduce application; 2. Staff presentation; 3. Applicant presentation; 4. Public Hearing (Continued from 1/7/86); 5. Commission review and action: a. Site plan review; b. Variance review (make required findings for action); c. Special Review Use. (Decision based upon site plan review, variance determination and Special Review Use criteria). 0 Staff Report to Planning & Zoning Commission - 1/21/86 Lot 23, Block 1, Benchmark at Beaver Creek (Wolff Warehouse) Special Review Use Retail Sales, IC Zone District Beaver Track and Trail, Inc. Continued from 1/7/86 Regular Meeting Public Hearing Page 5 of 5 STAFF RECOMMENDATIONS: If the Commission makes the required findings and determinations for granting the Special Review Use request, Staff recommends the approval be contingent upon: 1. The submittal of detailed site plans for Staff review and approval prior to start of construction; 2. The detailed plans include installation of a catch basin at the intersection of Metcalf and Nottingham Roads with storm sewer (pipe) connecting the two existing culverts; 3. The approval is effective with the completion of the proposed improvements or the provision of assurances, satisfactory to Town Staff and Town Attorney, that the required improvements will be completed no later than July 1, 1986. Respectfully Submitted, Norm Wood Director of Engineering and Community Development Planning and Zoning Action: Approved as Submitted ( ) Approved with Recommended Conditions ( M, Approved with Modified Conditions ( ) Continued ( ) Denied ( ) Withdrawn ( ) Date / g/ Patricia Cuny, Secretary 27 _e' NW/mm