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TC Res. No. 1986-19RESOLUTION 86-19 SERIES OF 1986 0 A RESOLUTION GRANTING A SPECIAL REVIEW USE TO ALLOW OFFICE SPACE AND AUTOMOTIVE REPAIR ON LOT 16, BLOCK 1, BENCHMARK AT BEAVER CREEK, AND OFF-SITE PARKING AND OUTSIDE OPERABLE VEHICLE STORAGE ON LOT 17, BLOCK 1, BENCHMARK AT BEAVER CREEK WHEREAS, Colorado Mountain Express has requested a Special Review Use to allow Office Space and Automotive Repair on Lot 16, Block 1, Benchmark at Beaver Creek, and Off-Site Parking and Outside Operable Vehicle Storage on Lot 17, Block 1, Benchmark at Beaver Creek, both of which are located in the IC (Industrial and Commercial) Zone District; and WHEREAS, Office Space, Automotive Repair, Off-Site Parking and Outside Storage are allowed in the IC Zone District as Special Review Uses; and WHEREAS, the Planning and Zoning Commission has held a Public Hearing and has determined that the proposed uses: 1. Otherwise complies with all requirements imposed by the Zoning Code; and 2. Is consistent with the objectives and purposes of the Zoning Code; and 3. Is deemed compatible with surrounding land uses and uses in the area; and WHEREAS, the Planning and Zoning Commission of the Town of Avon has approved the Special Review Use for Office Space and Automotive Repair for Colorado Mountain Express on Lot 16, Block 1, Benchmark at Beaver Creek, and Off-Site Parking and Outside Operable Vehicle Storage for Colorado Mountain Express on Lot 17, Block 1, Benchmark at Beaver Creek, subject to: 1. Construction of site improvements on Lot 17, Block 1, Benchmark at Beaver Creek as approved by the Planning and Zoning Commission; and 2. The recording of a lease, with the Clerk and Recorder of Eagle County, Colorado, for Lot 17, Block 1, Benchmark at Beaver Creek, that is perpetual in nature and runs for the duration of of the proposed use requiring the off-site parking and outside operable vehicle storage. 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 to allow Office Space and Automotive Repair for Colorado Mountain Express on Lot 16, Block 1, Benchmark at Beaver Creek and Off-Site Parking and Outside Operable Vehicle Storage for Colorado Mountain Express on Lot 17, Block 1, Benchmark at Beaver Creek, subject to: 1. Construction of site improvements on Lot 17, Block 1,, Benchmark at Beaver Creek as approved by the Planning and Zoning Commission; and 2. The recording of a lease, with the Clerk and Recorder of Eagle County, Colorado, for Lot 17, Block 1, Benchmark at Beaver Creek, that is perpetual in nature and runs for the duration of the proposed use requiring the off-site parking and outside operable vehicle storage. ADOPTED AND DATED THIS 28th DAY OF October , 1986. TOWN COUNCIL TOWN OF AVON, COLORADO Allan R NottIngh , Mayor 1 -2- 0 MEMO TO: Bill James, Town Manager • FROM: Norm Wood, Director of Engineering and Community Development DATE: October 23, 1986 RE: RESOLUTION 86-19 Special Review Use Lots 16 and 17, Block 1, Benchmark at Beaver Creek Colorado Mountain Express has applied for Special Review Use approval for office, vehicle repair, and outside storage (off-site parking) on Lots 16 and 17, Block 1, Benchmark at Beaver Creek. Lot 16 is the developed portion of the Avon Business Service Center on the west side of Metcalf Road and Lot 17 is the adjacent undeveloped lot on the south. Lots 16 and 17 are zoned IC (Industrial and Commercial). The proposed uses are allowed in the IC Zone District if approved as a Special Review Use. The Planning and Zoning Commission held a public hearing for the requested Special Review Use. The only response at the public hearing was a letter opposing the proposed uses from the owners of the two lots north of Lot 16. A copy of the letter is attached for your information and consideration. Following the public hearing, the Commission reviewed the Special Review Use request in conjunction with a site plan for the parking area on Lot 17. Following the review, the Commission adopted Resolution 86-6 approving the Special Review Use request and recommending Town Council approval. The approval was contingent upon: 1. Construction of site improvements on Lot 17, Block 1, Benchmark at Beaver Creek as approved by the Planning and Zoning Commission; and 2. The recording of a lease, with the Clerk and Recorder of Eagle County, Colorado, for Lot 17, Block 1, Benchmark at Beaver Creek, that is perpetual in nature and runs for the duration of the proposed use requiring the off-site parking and operable vehicle storage. Resolution 86-19 confirms the Planning and Zoning Commission approval subject to the same conditions. RECOMMENDED ACTION: 1. Adopt Resolution 86-19. NW/mml L.. s ea October 17, 1986 Planning and Zoning Commission C/o Tovm Clerk Town of Avon P.O.'Box 975 Avon, CO 81620 Gentlemen: The undersigned is an owner of Lots 14 and 15, Block 1, Benchmark at Beaver Creek together with Katharine J. Boyer, Jocelyn M. Boyer and Diane J. Boyer. As owners of two lots-'adjacent to Lots 16 and 17, Block 1, we object strenuously to the the request by Colorado Mountain Express to have the zoning changed on these lots in order to allow them to use the property for "vehicular Maintenance and Outside Vehicular Storage. We believe that this land was intended to be used for office space, retail space and light warehousing. Any use such as that proposed by the applicant will seriously affect the value of the adjacent properties by downgrading the entire area. Yours very truly, / Georges M. Boyer - - Ina&/ OCT* P__ 0 FFM, - ' , GB: LK drawer J veil, colorado 81658 303 949 4815 cable address: SKEA vail, colorado 0 E STAFF REPORT TO PLANNING & ZONING COMMISSION - 10/21/36 Lots 16 & 17, Block 1, Benchmark at Beaver Creek Special Review Use for Office Space, Vehicular Repair, Outside Vehicular Storage, and Off-Site Parking Public Hearing INTRODUCTION: Colorado Mountain Express has applied for Special Review Use approval for office space, vehicular repair and outside vehicular storage on Lots 16 and 17, Block 1, Benchmark at Beaver Creek. The Avon Business Service Center is located on Lot 16, Block 1, which is in the IC Zone District. Allowed uses in the IC Zone District are: Warehouse, laboratories, electrical substation, light manufacturing plants, wholesale sale outlets, showrooms, industrial, construction and wholesale offices, accessory building. Special Review Uses consist of: Residential unit when used in conjunction 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 applicant proposes to operate their van/limousine service from offices in the Avon Business Service Center, which will also house a vehicular maintenance operation which will service their fleet of vehicles. They also propose to construct a vehicular parking lot and storage yard on Lot 17, which is south of the existing Service Center. The storage yard will be used for vehicle storage as well as employee parking. The landscaping, grading and screening of this storage area is shown on a plan submitted with this application. STAFF COMMENTS: The Avon Business Service Center was originally approved as a 5 building project with 106 parking spaces all to be located on Lots 16 and 17, Block 1. The project was originally approved as 55% warehouse and 45% office space. To date, 2 buildings, 38 parking spaces and 2 loading spaces have been constructed on Lot 16. Lot 17 is currently undeveloped with the exception of some minor grading. The 2 existing buildings contain a total of approximately 17,000 square feet. Parking requirements for this amount of space, calculated according to the 55%-45% mix of warehouse and office space respectively, amount to 31 spaces. There are currently 38 parking §paces on-site. The parking lot and storage yard that the applicant proposed to construct on Lot 17, should mitigate any parking concerns that may arise from the approval of the proposed uses. This proposed parking lot will be capable of holding at-least 30 vehicles. • Staff Report to Planning & Zoning Commission - 10/21/86 Lots 16 & 17, Block 1, Benchmark at Beaver Creek Special Review Use for Office Space, Vehicular Repair, Outside Vehicular Storage, and Off-Site Parking Public Hearing Page 2 of 3 The proposed parking lot and storage yard covers an area of approximately 136' x 54'. It will be screened by a 6' high fence to be constructed of chain link material covered with continuous wood slats stained to match the existing buildings. The surface of the parking lot will be asphalt. There are proposed to be 3, 20' high pole mounted, high pressure sodium light fixtures to light the parking lot. An access will be provided off the existing driveway on Lot 16, and the lot will have a pair of wood gates for security. Plans call for a filter gallery on two sides of the lot to treat the runoff, and the applicant proposes to screen the fence by using cottonless cottonwood and redtwig dogwood trees and serviceberry shrubs, placed in various locations around the lot. Since the subdivision process was never completed to vacate the lot line between Lots 16 and 17, the parking lot and storage yard on Lot 17 should be considered off-site parking. According to Section 17.24.020(2) of the Zoning Code, the applicant must obtain a lease that shall be perpetual in nature running for the duration of the use. A copy of this lease should be submitted to the=Town for it's records. RECOMMENDED PROCEDURE: According to Section 17.20.040 of the Zoning Code, the Commission shall approve or deny the Special Review Use after considering certain factors that are listed below. Those items in parentheses are Staff responses to the criteria: 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: (The existing street, Metcalf Road, and the existing access onto Lot 16 are both adequate to handle the traffic generated by the proposed use.) B. Whether there exists safe access and sufficient water pressure to provide fire protection; (The site has sufficient access and water pressure for fire' protection.) C. The existent water pressure in the area and the ability of the water system to supply domestic needs; (The proposed use should not greatly increase water needs for the project.) • Staff Report to Planning & Zoning Commission - 10/21/86 Lots 16 & 17, Block 1, Benchmark at Beaver Creek` Special Review Use for Office Space, Vehicular Repair, Outside Vehicular Storage, and Off-Site Parking Public Hearing Page 3 of 3 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; (The proposed parking lot and storage yard should provide any additional parking needed for the use.) E. The impact of the development, considering the potential for stream and air pollution, the availability of public transportation and other public or private services, and any other factors affecting the overall development and the surrounding areas, including but not limited to building height, view plane, drainage and other physical and aesthetical features. RECOMMENDED ACTION: 1. Introduce application; 2. Presentation by applicant 3. Public Hearing; 4. Commission review of submitted material; 5: Adopt Resolution 86-6, with appropriate modifications. Respectfully Submitted, / Ray Wri ght Engineering Technician Planning & Zoning Action: Approved•as Submitted ( ) Approved with Recommended Conditions ( ) Approved with Modified Conditions ( ) Continued ( ) Denied ( ) Withdrawn ( ) Date Patricia Cuny, Secretary RW/mml • SPECIAL REVIEW USE GUIDELINES In considering the suitability of a Special Review Use, the Commission shall determine: 1. Whether the proposed use otherwise complies with all requirements imposed by the Zoning Code. Acceptable Non-Acceptable N/A Comments: 2. Whether the proposed use is consistent with the objectives and purposes of this Zoning Code and the applicable zoning district. Acceptable Non-Acceptable N/A Comments: 3. Whether the proposed use is designed to be compatible with surrounding land uses and uses in the area. Acceptable Non-Acceptable N/A Comments: The Commission shall approve or deny the Special Review Use 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. Acceptable ~ Non-Acceptable N/A Comments: B. Whether there exists safe access and sufficient water pressure to provide fire protection. Acceptable Non-Acceptable N/A Comments: C. The existent water pressure in the area and the ability of the water system to supply . domestic needs. Acceptable Non-Acceptable N/A Comments: SPECIAL REVIEW USE GUIDELINES, PAGE 2 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. Acceptable Non-Acceptable N/A Comments: E. The impact of the development, considering: (1) potential for stream and air pollution. Acceptable Non-Acceptable N/A Comments: (2) Availability of public transportation and other public or private services. Acceptable Non-Acceptable N/A Comments: (3) Other factors affecting the overall development and the surrounding areas including but not limited to building height, view plane, drainage and other physical and aesthetical features. Acceptable Non-Acceptable N/A Comments: MOTION: