DATE:  September 26, 2019 

AGENDA ITEM NUMBER:  4 

ACTION TO BE CONSIDERED:   

Consideration of Resolution No. PZ 19-19, Series of 2019.

A RESOLUTION APPROVING A LEVEL III DEVELOPMENT PERMIT FOR A NEW DECK ON A COMMERCIAL BUILDING LOCATED AT 765 W. ANEMONE TRAIL.

(PUBLIC HEARING)

SUMMARY: 

The Town has received a Level III Development Permit Application for a new deck on a commercial building to be located on the rear of the building located at 765 W. Anemone Trail. The new deck will provide the potential for outdoor seating associated with a restaurant use in the tenant space to which it is to be connected. A new deck on a commercial building requires a Public Hearing and approval by the Planning and Zoning Commission.

Proposed New Deck on the Rear of the Building

PUBLIC NOTICE:

The Town posted a sign of the Public Hearing on the site on Wednesday, September 18^th, 2019.  A newspaper ad ran in the Summit Daily (Journal) on Friday, September 20, 2019, and a mailing noticing the public hearing time and date was sent out on Friday, September 20, 2019 to property owners within 300’ of the site.  The notices were made within the required 7-day minimum and 14-day maximum notice period required by the Dillon Municipal Code (the “Code”).

Project Vicinity Map

Rear of the Building Where the Deck is Proposed

CODE ANALYSIS: 

Zoning District: The Application is located in the Mixed Use (MU) Zone. A deck is a permitted accessory use for a building; however, the Dillon Municipal Code (Code), requires a Level III Development Permit review process and Public Hearing for a new deck on a commercial building. The tenant space with the proposed deck could change use from retail to a restaurant use, as permitted in the zone. Impacts to consider for a potential restaurant deck are noise and visual impacts to adjacent residential properties. It is anticipated that the potential outdoor seating will not have substantial negative impacts on adjacent properties, given the location of the proposed deck on the commercially facing rear of the building, the close proximity of the site to the major thoroughfares, U.S. Highway 6 and Interstate 70, and that residential properties are not immediately adjacent to the site.

Lot Coverage: The MU zone allows for up to 40% lot coverage. The existing building, including the concrete apron around the building in which the proposed deck is to be built, covers approximately 19% of the site. The Application meets the lot coverage requirements of the Code.

Open Space: The MU zone requires open space for residential developments, but not commercial developments. Though not a requirement, the Application provides approximately 300 square feet of outdoor space.

Yards: Yards, or setbacks, are required in most zone districts from the side of a building to a property line. The MU zone requires the following yards (setbacks):    

  Front Yard: 25’

            Side Yard: 10’

            Street Side Yard: 20’

            Rear Yard: 20’         

The Application complies with the yard requirements of the Code.

Building Height: The Application does not increase the height of the building.        

Design Guidelines: The architectural style, materials, and proposed colors are harmonious with the building.

Snow Storage: The Application does not impact snow storage on site.

Off-Street Parking: Parking is provided in the parking lot around the building. A shared parking agreement exists for this building and the adjacent building (761 W. Anemone Trail – Sun and Ski Sports). The outdoor deck space is greater than 20% of the interior tenant space it is attached to. Assuming that the tenant space has potential for a restaurant use, the deck was analyzed as outdoor seating, and it was determined that an addition 0.5 parking spaces are required. Based on the analysis of the existing parking and the uses in the buildings, it is determined that the two sites with the parking agreement provide enough parking spaces for the proposed development, including the potential change in use from retail to restaurant use in the tenant space attached to the proposed deck. The Application complies with the parking requirements of the Code.

Landscaping: There are no landscaping requirements associated with this Application. There has been added to the Resolution a condition of approval that would require the construction of a recycling and waste receptacle enclosure or screening for the building at 765 W. Anemone Trail in accordance with the screening requirements of the Code.

MOTION FOR APPROVAL:

I move the approval of Resolution 19-19, Series of 2019 with conditions as presented.

ACTION REQUESTED:  Motion, Second, Roll Call Vote.

Resolutions require the affirmative vote of a majority of the members present.

STAFF MEMBER RESPONSIBLE:  Scott O’Brien, Public Works Director

Resolution PZ 19-19, Series of 2019

Packet Items:

Staff Summary

Plans

Resolution