TC Ord. No. 2012-02 Amending title 7 of Avon Development code to allow child care centersTOWN OF AVON, COLORADO
ORDINANCE 12 -02
SERIES OF 2012
AN ORDINANCE AMENDING TITLE 7 OF THE AVON DEVELOPMENT CODE TO
ALLOW CHILD CARE CENTERS AS SPECIAL REVIEW USES IN THE INDUSTRIAL
COMMERCIAL (IC) AND PUBLIC FACILITIES (PF) ZONE DISTRICTS, WITH
ADDITIONAL USE - SPECIFIC REGULATIONS
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the Town Council finds that the regulation of land use is a matter of local
concern; and
WHEREAS, the Town Council initiated an amendment to the text of the Town of Avon
zoning code in accordance with Section 17.28.020 of the Avon Municipal Code; and
WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public
hearing on January 2, 2012, after posting notice of such hearing in accordance with the
requirements of the Avon Municipal Code, and considered all comments provided before taking
action to make a recommendation to the Town Council; and
WHEREAS, the Town Council held a public hearing on February 28, 2012 after posting
notice of such hearing in accordance with the requirements of the Avon Municipal Code, and
considered all comments provided before taking action to make a recommendation to the Town
Council; and
WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the
citizens of the Town of Avon would be enhanced and promoted by the adoption of this
ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application and that approval of this Ordinance on first reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, the following:
Section 1 Recitals Incorporated The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Ord 12 -02 Amending the ADC re Special Uses
February 28, 2012 revision
Page 1 of 4
Section 2 Amendment to Table 7..24 -1 Allowed Uses Table 7 -24 -1, Allowed Uses is
hereby amended to allow Child Care Centers, Preschool and Nursery school, a*d Child G - i
heme as Special Review Uses in the Industrial Commercial (IC) and Public Facilities (PF) Zone
Districts, subject to Section 7.24.060(c).
Section 3 Amendment to Chapter 7.24 Use Regulations Section 7.24.060 Special
Review Uses is hereby repealed and reenacted in its entirety to read as follows:
(c) Public and Institutional Uses — Child Care Center
(1) All child care centers, regardless of type or size, shall meet the applicable
licensing requirements of the Colorado Statutes (C.R.S. §26 -6 -102 et. seq.) and
the Regulations of the Colorado Department Human Services (12 CCR 2509 -9).
(2) As a principle Use, the Child Care facility must meet the following standards:
(i) Outdoor Recreation Use.
(B) Not be closer than 15 feet to the edge of a vehicular public right -
of -way.
(C) Not be within a parking area.
(ii) Parking Areas and Vehicular Circulation Patterns:
(A) Assure the safety of children as they arrive at and leave the facility.
(B) Include a traffic management plan which includes a designated
pickup and delivery area.
(C) Locate all vehicle stacking lanes on site with an on -site turnaround
or have separate points for vehicle ingress and egress.
(iii) Outdoor Play Activities are subject to PZC approval and must be
compatible with surrounding land uses.
(3) As an accessory use the facility must meet the standards above, plus:
(i) Comply with Section 7.24.070, Accessory Uses and Structures; and
(ii) Be compatible with adjacent land uses in terms of hours of operation,
noise, lighting, parking and similar considerations.
(4) A child care center shall provide one off - street parking space per employee and a
child loading /unloading area of adequate dimensions, preferably off - street.
Ord 12 -02 Amending the ADC re Special Uses
February 28, 2012 revision
Page 2 of 4
(5) Home day cares shall provide an adequate and safe drop off area which may be a
private driveway or on the street providing that the drop off does not impede
normal neighborhood traffic flow or parking.
Section 4 Codification of Amendments The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 5 Severability If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6 Effective Date This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7 Safety Clause The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 8 No Existing Violation Affected Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
Ord 12 -02 Amending the ADC re Special Uses
February 28, 2012 revision
Page 3 of 4
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 9. Publication by Posting The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 on
February 28, 2012 at the Council Chambers of the Avon Municipal Building, located at One
Lake StreetE on February 14, 2012.
• Rich Carroll, Mayor
Published bs ee public places in Town and posting at the office of the Town
Clerk at leato final action by the Town Council.
All EST:
� Pa, ' ?) cKennyjown Clerk
APPRO D AS TO FO
Eric Hei o n Attorney
I - DUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED P ° • . ° ° q� Y POSTING on February 28, 2012.
Rich Carroll, Mayor
Published by °titl at least three public places in Town and posting by title at the
office of the To
ATTEST:
C/
'Pa tty envy, Tow
Ord 12 -02 Amending the ADC re Special Uses
February 28, 2012 revision
Page 4 of 4
To: Honorable Mayor and Council
From: Jared Bames, Planner I
Thru: Larry Brooks, Town Manager
Reviewed By: Eric Heil, Town Attorney
Date: February 28, 2012
Re: Second Reading: Ordinance No. 12 -02: Amending the Avon Development
Code (ADC), Table 7.24.1 Allowed Uses, to allow Child Care Centers as special
review uses in the Industrial Commercial (IC) & Public Facilities (PF) zone
districts, and to ADC, Sec 24.060(c) Use - Specific Regulations, to require
additional standard related to the safety of the occupants and the external
impacts of the facility.
Summary
Second reading of ORDINANCE NO. 12 -02: AN ORDINANCE AMENDING TITLE 7 OF THE
AVON DEVELOPMENT CODE TO ALLOW CHILD CARE CENTERS AS SPECIAL REVIEW
USES IN THE INDUSTRIAL COMMERCIAL (IC) AND PUBLIC FACILITIES (PF) ZONE
DISTRICTS, WITH ADDITIONAL USE - SPECIFIC REGULATIONS (Exhibit A) is presented for
Town Council consideration.
Update
On February 14, 2011, the Town Council approved the first reading of Ordinance 12 -02. The
Town Council discussed removing In -Home Child Care from being a special review use in the
Industrial Commercial (IC) and Public Facilities (PF) zone districts. As seen in Exhibit A, staff
has revised Section 2 of the proposed Ordinance to remove In -Home Child Care for being
added as a special review use in the above referenced zone districts.
Background
On November 8, 2011, the Town Council initiated an amendment to the Avon Development
Code (ADC) to include Child Care Centers as special review uses in the Industrial Commercial
(IC), Public Facilities (PF), and Open Space, Landscaping, and Drainage (OLD) Zone Districts.
The Planning and Zoning Commission (PZC) reviewed the proposed amendments
recommended to amending the ADC to include Child Care Centers as special review uses in
the Light Industrial & Commercial (IC) and Public Facilities (PF) zone districts. Given the
potential conflicts between child care facilities and some industrial and commercial uses; the PZC
also recommended additional Uses - Specific Regulations (ADC, Sec 24.060(c)) that relate to the
safety of the occupants of the facility and the external impacts of the facility. PZC Resolution No.
12 -01 is attached as Exhibit B.
On January 24, 2012, the Town Council continued the first reading of the public hearing. The
Town Council discussed the inclusion of Preschools, Nursery Schools, and In -Home Child
Care as special review uses in the IC and PF zone districts. They also discussed at length the
overlap of the proposed regulations and the Regulations of the Colorado Department of
Human Services. The meeting resulted with the Town Council directing Staff to research the
state requirements and present them to the Town Council.
February 28, 2012 Town Council Meeting — Ordinance 12 -02 Second Reading Page 11
Process
Council is required to conduct a public hearing in accordance with Avon Charter Section 6.5(c) and
Avon Municipal Code Sections 7.16.020(e) and 7.16.040(a).
Child Care Centers & Zoning
• The ADC permits Child Care Centers as Special Review Uses in the Medium and High
Density Residential Districts; as well as the Neighborhood Commercial (NC), Mixed -Use
Commercial (MC) And Town Center (TC) Zone Districts.
Child Care Centers are not permitted in the following zone districts:
• Residential Duplex (RD)
• Low - Density Residential (RL)
• Light Industrial & Commercial (IC)
• Parks (P)
• Public Facilities (PF); and
• Open Space (OLD).
The ADC defines a Child Care Center as:
" ..a facility, by whatever name known, which is maintained for the whole
or part of a day for the care of five (5) or more children under the age of
sixteen (16) years who are not related to the owner, operator or
manager, whether such facility is operated with or without compensation
for such care and with or without stated education purposes. The term
includes, but is not limited to, facilities commonly known as day-
care centers, day nurseries, nursery schools, preschools, play
groups, day camps, summer camps, centers for developmentally
disabled children and those facilities which give twenty -four hour
per day care for dependent and neglected children, but specifically
excludes any family -care home as defined in this Code. Child care
centers are also those facilities for children under the age of six (6) years
with stated educational purposes which are operated in conjunction with
a public, private or parochial college or a private or parochial school,
except that the term shall not apply to a kindergarten maintained in
connection with a public, private or parochial elementary school system
of at least six (6) grades so long as the school system is not also
providing extended day services.
• Commercial Child Care facilities must also comply with the following Use - Specific
Regulations (ADC, Sec 24.060(c):
a. All child care centers, regardless of type or size, shall meet
the applicable licensing requirements of the Colorado
Statutes (C.R.S. §26 -6 -102 et. seq.) and the Regulations
of the Colorado Department Human Services (12 CCR
2509 -9); and
A child care center shall provide one off - street parking
space per employee and a child loading /unloading area of
adequate dimensions, preferably off - street.
February 28, 2012 Town Council Meeting — Ordinance 12 -02 Second Reading Page 12
To: Honorable Mayor and Council
From: Sally Vecchio, Community Development Director
Thru: Larry Brooks, Town Manager
Reviewed By: Eric Heil, Town Attorney
Date: January 24, 2012
Re: First Reading: Ordinance No. 12 -02: Amending the Avon Development Code (ADC), Table
7.24.1 Allowed Uses, to allow Child Care Centers as special review uses in the Industrial
Commercial (IC) & Public Facilities (PF) zone districts, and to ADC, Sec 24.060(c) Use -
Specific Regulations, to require additional standard related to the safety of the occupants
and the external impacts of the facility.
Summary
This is the first reading of Ordinance No. 12 -02: Amending Title 7 of the Avon Development Code to
include Commercial Child Care as a Special Review Use in the Industrial Commercial (IC) & Public
Facilities (PF) zone districts, with additional Use - Specific Regulations for such facilities (Exhibit A).
Background
On November 8, 2011, the Town Council initiated an amendment to the Avon Development Code (ADC)
to include Child Care Centers as special review uses in the Industrial Commercial (IC), Public Facilities
(PF), and Open Space, Landscaping, and Drainage (OLD) Zone Districts.
The Planning and Zoning Commission (PZC) reviewed the proposed amendments recommended to
amending the ADC to include Child Care Centers as special review uses in the Industrial Commercial
(IC), Public Facilities (PF). Given the potential conflicts between child care facilities and some industrial and
commercial uses; the PZC also agreed to include additional Uses - Specific Regulations (ADC, Sec 24.060(c))
that relate to the safety of the occupants of the facility and the external impacts of the facility. PZC Resolution
No. 12 -01 is attached as Exhibit B.
Child Care Centers & Zoning
> The ADC permits Child Care Centers as Special Review Uses in the Medium and High Density
Residential Districts; as well as the Neighborhood Commercial (NC), Mixed -Use Commercial
(MC) And Town Center (TC) Zone Districts.
> Child Care Centers are not permitted in the following zone districts:
• Residential Duplex (RD)
• Low- Density Residential (RL)
• Light Industrial and Commercial (IC)
• Parks (P)
• Public Facilities (PF); and
• Open Space (OLD).
> The ADC defines a Child Care Center as:
" ..a facility, by whatever name known, which is maintained for the whole or part
of a day for the care of five (5) or more children under the age of sixteen (16)
years who are not related to the owner, operator or manager, whether such
facility is operated with or without compensation for such care and with or
without stated education purposes. The term includes, but is not limited to,
facilities commonly known as day -care centers, day nurseries, nursery
schools, preschools, play groups, day camps, summer camps, centers for
developmentally disabled children and those facilities which give twenty -
four hour per day care for dependent and neglected children, but
specifically excludes any family -care home as defined in this Code. Child
care centers are also those facilities for children under the age of six (6) years
with stated educational purposes which are operated in conjunction with a public,
private or parochial college or a private or parochial school, except that the term
shall not apply to a kindergarten maintained in connection with a public, private
or parochial elementary school system of at least six (6) grades so long as the
school system is not also providing extended day services.
> Commercial Child Care facilities must also comply with the following Use - Specific Regulations
(ADC, Sec 24.060(c):
All child care centers, regardless of type or size, shall meet the
applicable licensing requirements of the Colorado Statutes
(C.R.S. §26 -6 -102 et. seq.) and the Regulations of the Colorado
Department Human Services (12 CCR 2509 -9); and
b. A child care center shall provide one off - street parking space per
employee and a child loading /unloading area of adequate
dimensions, preferably off - street.
Proposed Amendments
The Town Council proposed to amend the ADC to allow Child Care Centers as Special Review Uses in
following zone districts: Light Industrial and Commercial (IC); Public Facilities (PF); and Open Space,
Landscaping and Drainage (OLD). Below is a brief synopsis of the three zone districts. The Avon
Zoning Map is attached as Exhibit C.
> Light Industrial Zone District
The intent of the Light Industrial and Commercial (IC) Zone District is to "...provide for a variety
of business, including warehouses, research and development firms, repair shops, wholesale
distributors and light manufacturing. This district may include supporting office and commercial
uses where appropriate Uses permitted by right in the IC Zone District include: warehouses,
material supply stores, vocational and trade schools, convenience retail and offices. Special
Review Uses include: public and private utility facilities, sexually- oriented business, religious
assembly, dog kennels, veterinary clinics and accessory dwelling uses that support primary
industrial /commercial uses.
> Public Facilities (PF) Zone District
The PF district is intended to provide sites for public uses such as community centers, police and
fire stations, and governmental facilities. Avon Town Hall, Recreation Center, Fire Station,
Library, Swift Gulch Facilities, Avon Elementary School, and the Water and Sanitation District
Facilities are all zoned Public Facilities.
> Open Space, Landscaping, and Drainage (OLD). The OLD district is intended for areas that
will be public or private undeveloped open spaces. There are two large tracts of open space
north of 1 -70 with this zoning designation. The Avon West Parcel (470 acres) is part of the USFS
Land Exchange and will likely be encumbered by a conservation easement prohibiting
development on the site. The other tract of OLD land is north of Nottingham Rd and Buck Creek.
This was designated as opens space with the original Benchmark PUD. Portions of the Eagle
River and Eco -trail are also zoned OLD.
PZC Recommendations
After reviewing the proposed amendments, the PZC found that Child Care Centers should not be
included as a special review use in the OLD Zone District which is intended for undeveloped open space
only. The PZC agreed that Child Care Centers should be a special review use in both the Industrial
Commercial and the Public Facilities zone districts in order to encourage more opportunities and options
for child care in the community.
Use Specific Regulations for Child Care
Given the potential conflicts between child care facilities and some industrial and commercial uses; the PZC
also agreed to include additional Uses - Specific Regulations (ADC, Sec 24.060(c)) that related to the safety of
the occupants of the facility and the external impacts of the facility:
As a principle Use, the facility must meet the following standards:
(1) Outdoor recreation
(i) Be enclosed by a fence which allows air and light to penetrate it and be
capable of containing each child using the area;
(ii) Not be within a required building setback;
(iii) Not be closer than 15 feet to the edge of a vehicular public right -of -way.
(iv) Not be within a parking area.
(2) Parking areas and vehicular circulation patterns
(A) Enhance the safety of children as they arrive at and leave the facility.
(ii) Include a traffic management plan which includes a designated pickup and
delivery area.
(iii) Locate all vehicle stacking lanes on site with an on -site turnaround or have
separate points for vehicle ingress and egress.
(3) Outdoor play activities are subject to PZC approval and must be compatible with
surrounding land uses.
d. If not located in a stand -alone building:
(i) The facility shall be located on the first floor of a principal structure; and
(ii) The facility shall be separated (including restrooms) by a physical barrier
from the remaining portion of the building in which it is located.
e. As an Accessory Use the facility must meet the standards above, plus:
(i) Comply with Section 7.24.070, Accessory Uses and Structures; and
(ii) Be compatible with adjacent land uses in terms of hours of operation, noise,
lighting, parking and similar considerations.
Zoning Text Amendment — Review Criteria
Pursuant to ADC Section 7.16.040, Code Text Amendments, the PZC and Town Council shall use the
following review criteria as the basis for recommendations and decisions on applications to amend the text of
the ADC:
The Text amendment promotes the health, safety and general welfare of the Avon
Community,
Staff Response Allowing child care centers to operate in a variety of locations throughout
the community will provide greater options for employers that may want to offer day care to
their employees, and more conveniently - located child care near existing residences and
businesses. The SRU process will continue to provide a reasonable regulatory framework
for the management of child care facilities on private property and will help assure the
protection of the public interest.
2. The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
Staff Response: Policy C.1.6 (Land Use): "Include sufficient land for public uses such as
schools, recreation, community facilities (such as childcare), and government services near
the people who use them." Including child care centers in the Public Facility Zone District
supports this comprehensive plan policy
Goal EA (Economic Development): "Ensure that there is a positive environment for small
businesses." Including child care centers in the Industrial Commercial Zone District supports
this goal by giving businesses and developers the option /opportunity to provide affordable
on -site day care for employees, which further enhances the environment for commercial
tenants
3. The text amendment promotes or implements the purposes stated in the Development Code;
Staff Response: This text amendment is intended to provide assurance to the community
that child care centers will be compatible with their locations and surrounding land uses; and
will further the purposes of the ADC. This text amendment is specifically endorsed by
Section 7.04.030 (g), Purposes, ADC, by promoting "sufficient, economical and high - quality
public services and public facilities."
4. The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts or other social or economic conditions.
Staff Response: In response to changing conditions and the proven compatibility of existing
child care facilities in the IC and PF zone districts, this amendment will provide additional
options for child care facilities in the community.
Recommendations
If the Council is satisfied with the PZC recommendations and the proposed amendments to the Development
Code, they can approve the first reading of Ordinance No: 12 -02 and schedule a public hearing and second
reading of the Ordinance for February 14, 2012.
Town Manager Comments:
Exhibits
A: Council Ordinance No. 12 -02
B: PZC Resolution No. 12 -01
C: Town of Avon Official Zoning Map
'Singer Penny, "Caring for Children at the Work Site." New York Times August 5, 1990.
EXHIBIT A
TOWN OF AVON, COLORADO
ORDINANCE 12 -02
SERIES OF 2012
AN ORDINANCE AMENDING TITLE 7 OF THE AVON DEVELOPMENT CODE TO
ALLOW CHILD CARE CENTERS AS SPECIAL REVIEW USES IN THE INDUSTRIAL
COMMERCIAL (IC) AND PUBLIC FACILITIES (PF) ZONE DISTRICTS, WITH
ADDITIONAL USE - SPECIFIC REGULATIONS
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the Town Council finds that the regulation of land use is a matter of local
concern; and
WHEREAS, the Town Council initiated an amendment to the text of the Town of Avon
zoning code in accordance with Section 17.28.020 of the Avon Municipal Code; and
WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public
hearing on January 2, 2012, after posting notice of such hearing in accordance with the
requirements of the Avon Municipal Code, and considered all comments provided before taking
action to make a recommendation to the Town Council; and
WHEREAS, the Town Council held a public hearing on, after posting notice of such hearing
in accordance with the requirements of the Avon Municipal Code, and considered all comments
provided before taking action to make a recommendation to the Town Council; and
WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the
citizens of the Town of Avon would be enhanced and promoted by the adoption of this
ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application and that approval of this Ordinance on first reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Ord 12 -02 Amending the ADC re Special Uses
Page 1 of 4
Section 2 Amendment to Table 7..24 -1 Allowed Uses Table 7 -24 -1, Allowed Uses is
hereby amended to allow Child Care Centers as Special Review Uses in the Industrial
Commercial (IC) and Public Facilities (PF) Zone Districts, subject to Section 7.24.060(c)/
Section 3 Amendment to Chapter 7.24 Use Regulations Section 7.24.060 Special
Review Uses is hereby repealed and reenacted in its entirety to read as follows:
(c) Public and Institutional Uses — Child Care Center
(1) All child care centers, regardless of type or size, shall meet the applicable
licensing requirements of the Colorado Statutes (C.R.S. §26 -6 -102 et. seq.) and
the Regulations of the Colorado Department Human Services (12 CCR 2509 -9).
(2) As a principle Use, the Child Care facility must meet the following standards:
( A) Outdoor Recreation Use.
(i) Be enclosed and be capable of containing each child using the area
(ii) Not be closer than 15 feet to the edge of a vehicular public right-of-
way.
(iii) Not be within a parking area.
(3) Parking Areas and Vehicular Circulation Patterns:
(1) Assure the safety of children as they arrive at and leave the facility_
(ii) Include a traffic management plan which includes a designated pickup
and delivery area.
(iii) Locate all vehicle stacking lanes on site with an on -site turnaround or
have separate points for vehicle ingress and egress.
(4) Outdoor Play Activities are subject to PZC approval and must be compatible with
surrounding land uses.
(55) If not located in a stand -alone building:
(i) The facility shall be located on the first floor of a principal structure;
and
(ii) The facility shall be separated (including restrooms) by a physical
barrier from the remaining portion of the building in which it is located
(6) As an accessory use the facility must meet the standards above, plus:
(i) Comply with Section 7.24.070 Accessory Uses and Structures; and
(ii) Be compatible with adjacent land uses in terms of hours of operation
noise, lighting, parking and similar considerations.
(7) A child care center shall provide one off - street parking space per employee and a
child loading /unloading area of adequate dimensions, preferably off - street.
( Home day cares shall an adequate and safe drop off area which may be private
driveway or on the street providing that the drop off does not impede normal
neighborhood traffic flow or parking_
Section 4. Codification Amendments The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
Ord 12 -02 Amending the ADC re Special Uses
Page 2 of 4
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 5 Severability If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section6. Effective Date This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause The Town Council hereby finds, detennines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 8 No Existing Violation Affected Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 9. Publication by Posting The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
Ord 12 -02 Amending the ADC re Special Uses
Page 3 of 4
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 on
January 24, 2012 at the Council Chambers of the Avon Municipal Building, located at One
Lake Street, Avon, Colorado, on January 24, 2012.
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on February 14, 2012.
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 12 -02 Amending the ADC re Special Uses
Page 4 of 4
Exhibit B
TOWN OF AVON, COLORADO
PLANNING AND ZONING COMMISSION RESOLUTION 12 -01
SERIES OF 2012
A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO TITLE 7
OF THE AVON DEVELOPMENT CODE; TO ALLOW CHILD CARE CENTERS AS
SPECIAL REVIEW USES IN THE INDUSTRIAL COMMERCIAL (IC) AND PUBLIC
FACILITIES (PF) ZONE DISTRICTS, WITH ADDITIONAL USE - SPECIFIC
REGULATIONS
WHEREAS, on November 6, 2011 the Town Council initiated an amendment to the Avon
Development Code (Al, w) to allow Child Care Centers as Special Review Uses in the Industrial
Commercial (IC), Public Facilities (PF), and Open Space, Landscaping, and Drainage (OLD)
zone districts, in accordance with Section 7.16.040, Zoning Text Amendments, ADC; and
WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public
hearing on January 3, 2012 after publishing notice of such hearing in accordance with the
requirements of the ADC, and considered all comments provided before taking action to make a
recommendation to the Town Council; and
WHEREAS, it is the Planning and Zoning Commission's opinion that the amendments will
promote the health, safety and welfare of the citizens of the Town of Avon; and
WHEREAS, the Planning and Zoning Commission has considered the following review
criteria set forth in Section 7.16.040(c), Code Text Amendments, ADC:
1. The Text amendment promotes the health, safety and general welfare of the Avon
Community.
2. The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
3. The text amendment promotes or implements the purposes stated in the Development
Code; or
4. The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts or other social or economic conditions.
NOW THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends that the Town Council of the Town of Avon approve the following
amendments to Title 7 of the Avon Municipal Code:
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7.24.060 Special Review Uses
(c) Public and Institutional Uses — Child Cage Center
(1) All child care centers, regardless of type or size, shall meet the applicable
licensing requirements of the Colorado Statutes (C.R.S. §26 -6-102 et. seq.) and the Regulations
of the Colorado Department Human Services (12 CCR. 2509 -9).
2) As a principle Use. th e Child Care__facility must .meet the following standards:
A Outdoor Recreation Use.
(i) Be enclosed and be capable of containing each child using the area:
(ii) Not be closer than IS feet to the edge of a vehicular public right-of-
way.
(iii) Not be within a parking area.
(3)_ Parking Areas and Vehicular Circulation Patterns:
Q Assure the ggeV of children as they arrive at and leave the facility
(ii) Include a traffic management plan which includes a designated pickup
and delivery area.
(iii) Locate all vehicle stacking lanes on site with an on -site turnaround or
have separate points for vehicle ingress and egress.
(4) Outdoor Play Activities are subject to PZC approval and must be compatible with
surrounding land uses.
5 If not located in a stand -alone building:
i The facilily shall be located on the first floor of a Lnncipal structure:
and
(ii) The facility_ shall be separated (including restroams) by a physical
barrier from the remaining portion of the building in which it is located.
.(6) As an accessory use the facility must meet the standards above plus:
M Comply with Section 7.24.070. Accessory Uses an_ d. Structures and
(ii) Be compatible with adiacent land uses in terms
„,. of hours of operation
noise, _lightina, parking and similar considerations.
(-2L A child care center shall provide one off - street parking space per employee and a
child loading/unloading area of adequate dimensions, preferably off - street.
(38j Home day cares shall an adequate and safe drop off area which may be private
driveway or on the street providing that the drop off does not impede normal
neighborhood traffic flow or parking,
ADOPTED THIS 3 DAY OF JANUARY, 2012.
SIGNED: ATTEST:
V
Chris Green, Chair Scott Prince. Secretary
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Exhibit C
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Exhibit C
To: Honorable Mayor and Council
From: Jared Barnes, Planner I
Thru: Larry Brooks, Town Manager
Reviewed By: Eric Heil, Town Attorney
Date: February 14, 2012
Re: First Reading: Ordinance No. 12 -02: Amending the Avon Development Code (ADC), Table
724.1 Allowed Uses, to allow Child Care Centers as special review uses in the Industrial
Commercial (IC) & Public Facilities (PF) zone districts, and to ADC, Sec 24.060(c) Use -
Specific Regulations, to require additional standard related to the safety of the occupants
and the external impacts of the facility.
Summary
This is the first reading of Ordinance No. 12 -02: Amending Title 7 of the Avon Development Code to
include Commercial Child Care as a Special Review Use in the Industrial Commercial (IC) & Public
Facilities (PF) zone districts, with additional Use - Specific Regulations for such facilities (Exhibit A).
Background
On November 8, 2011, the Town Council initiated an amendment to the Avon Development Code (ADC)
to include Child Care Centers as special review uses in the Industrial Commercial (IC), Public Facilities
(PF), and Open Space, Landscaping, and Drainage (OLD) Zone Districts.
The Planning and Zoning Commission (PZC) reviewed the proposed amendments recommended to
amending the ADC to include Child Care Centers as special review uses in the Light Industrial &
Commercial (IC) and Public Facilities (PF) zone districts. Given the potential conflicts between child care
facilities and some industrial and commercial uses; the PZC also recommended additional Uses - Specific
Regulations (ADC, Sec 24.060(c)) that relate to the safety of the occupants of the facility and the external
impacts of the facility. PZC Resolution No. 12 -01 is attached as Exhibit B.
On January 24, 2012, the Town Council continued the first reading of the public hearing. The Town
Council discussed the inclusion of Preschools, Nursery Schools, and In -Home Child Care as special
review uses in the IC and PF zone districts. They also discussed at length the overlap of the proposed
regulations and the Regulations of the Colorado Department of Human Services. The meeting resulted
with the Town Council directing Staff to research the state requirements and present them to the Town
Council.
Child Care Centers & Zoning
• The ADC permits Child Care Centers as Special Review Uses in the Medium and High Density
Residential Districts; as well as the Neighborhood Commercial (NC), Mixed -Use Commercial
(MC) And Town Center (TC) Zone Districts.
Child Care Centers are not permitted in the following zone districts:
• Residential Duplex (RD)
• Low - Density Residential (RL)
• Light Industrial & Commercial (IC)
• Parks (P)
• Public Facilities (PF); and
• Open Space (OLD).
February 14, 2012 Town Council Meeting — Ordinance 12 -02 First Reading Page 11
The ADC defines a Child Care Center as:
" ..a facility, by whatever name known, which is maintained for the whole or part
of a day for the care of five (5) or more children under the age of sixteen (16)
years who are not related to the owner, operator or manager, whether such
facility is operated with or without compensation for such care and with or
without stated education purposes. The term includes, but is not limited to,
facilities commonly known as day -care centers, day nurseries, nursery
schools, preschools, play groups, day camps, summer camps, centers for
developmentally disabled children and those facilities which give twenty -
four hour per day care for dependent and neglected children, but
specifically excludes any family -care home as defined in this Code. Child
care centers are also those facilities for children under the age of six (6) years
with stated educational purposes which are operated in conjunction with a public,
private or parochial college or a private or parochial school, except that the term
shall not apply to a kindergarten maintained in connection with a public, private
or parochial elementary school system of at least six (6) grades so long as the
school system is not also providing extended day services.
• Commercial Child Care facilities must also comply with the following Use - Specific Regulations
(ADC, Sec 24.060(c):
All child care centers, regardless of type or size, shall meet the
applicable licensing requirements of the Colorado Statutes
(C.R.S. §26 -6 -102 et. seq.) and the Regulations of the Colorado
Department Human Services (12 CCR 2509 -9); and
b. A child care center shall provide one off - street parking space per
employee and a child loading /unloading area of adequate
dimensions, preferably off - street.
Proposed Amendments
The Town Council proposed to amend the ADC to allow Child Care Centers as Special Review Uses in
following zone districts: Light Industrial and Commercial (IC); Public Facilities (PF); and Open Space,
Landscaping and Drainage (OLD). Below is a brief synopsis of the three zone districts. The Avon
Zoning Map is attached as Exhibit C.
Light Industrial & Commercial Zone District
The intent of the Light Industrial and Commercial (IC) Zone District is to "...provide for a variety
of business, including warehouses, research and development firms, repair shops, wholesale
distributors and light manufacturing. This district may include supporting office and commercial
uses where appropriate Uses permitted by right in the IC Zone District include: warehouses,
material supply stores, vocational and trade schools, convenience retail and offices. Special
Review Uses include: public and private utility facilities, sexually- oriented business, religious
assembly, dog kennels, veterinary clinics and accessory dwelling uses that support primary
industrial /commercial uses.
• Public Facilities (PF) Zone District
The PF district is intended to provide sites for public uses such as community centers, police and
fire stations, and governmental facilities. Avon Town Hall, Recreation Center, Fire Station,
February 14, 2012 Town Council Meeting — Ordinance 12 -02 First Reading Page 12
Library, Swift Gulch Facilities, Avon Elementary School, and the Water and Sanitation District
Facilities are all zoned Public Facilities.
Open Space, Landscaping, and Drainage (OLD). The OLD district is intended for areas that
will be public or private undeveloped open spaces. There are two large tracts of open space
north of 1 -70 with this zoning designation. The Avon West Parcel (470 acres) is part of the USFS
Land Exchange and will likely be encumbered by a conservation easement prohibiting
development on the site. The other tract of OLD land is north of Nottingham Rd and Buck Creek.
This was designated as open space with the original Benchmark PUD. Portions of the Eagle
River and Eco -trail are also zoned OLD.
PZC Recommendations
After reviewing the proposed amendments, the PZC found that Child Care Centers should not be
included as a special review use in the OLD Zone District which is intended for undeveloped open space
only. The PZC recommended that Child Care Centers be a special review use in both the Industrial
Commercial and the Public Facilities zone districts in order to encourage more opportunities and options
for child care in the community.
Use Specific Regulations for Child Care
Given the potential conflicts between child care facilities and some industrial and commercial uses; the PZC
also recommended that additional Uses - Specific Regulations (ADC, Sec 24.060(c)) that related to the safety of
the occupants of the facility and the external impacts of the facility with other surrounding land uses:
(2) As a principle Use, the Child Care facility must meet the following standards:
(i) Outdoor Recreation Use:
(A) Be enclosed and be capable of containing each child using the area;
(B) Not be closer than 15 feet to the edge of a vehicular public right -of -way.
(C) Not be within a parking area.
(ii) Parking Areas and Vehicular Circulation Patterns:
(A) Assure the safety of children as they arrive at and leave the facility.
(B) Include a traffic management plan which includes a designated pickup and delivery area.
(C) Locate all vehicle stacking lanes on site with an on -site turnaround or have separate
points for vehicle ingress and egress.
(iii) Outdoor Play Activities are subject to PZC approval and must be compatible with
surrounding land uses.
(iv) If not located in a stand -alone building:
(A) The facility shall be located on the first floor of a principal structure; and
(B) The facility shall be separated (including restrooms) by a physical barrier from the
remaining portion of the building in which it is located.
(3) As an accessory use the facility must meet the standards above, plus:
(i) Comply with Section 7.24.070, Accessory Uses and Structures; and
(ii) Be compatible with adjacent land uses in terms of hours of operation, noise, lighting, parking
and similar considerations.
As seen in Exhibit D, these regulations are intended to supplement the Regulations of the Colorado
Department of Human Services. These regulations do have overlap with regard to the outdoor play
area. The Regulations of the Colorado Department of Human Services require outdoor play areas and
mandate fencing as well as the minimum area. However, these regulations do not restrict the location of
the outdoor play areas. In addition, these regulations do not address vehicular circulation patterns. The
February 14, 2012 Town Council Meeting — Ordinance 12 -02 First Reading Page 13
International Building Codes do require physical barriers for Child Care Facilities, including restrooms,
from the remaining portion of multi- tenant buildings.
Zoning Text Amendment — Review Criteria
Pursuant to ADC Section 7.16.040, Code Text Amendments, the PZC and Town Council shall use the
following review criteria as the basis for recommendations and decisions on applications to amend the text of
the ADC:
The Text amendment promotes the health, safety and general welfare of the Avon
Community;
Staff Response Allowing child care centers to operate in a variety of locations throughout
the community will provide greater options for employers that may want to offer day care to
their employees, and more conveniently - located child care near existing residences and
businesses. The SRU process will continue to provide a reasonable regulatory framework
for the management of child care facilities on private property and will help assure the
protection of the public interest.
2. The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
Staff Response: Policy C.1.6 (Land Use): "Include sufficient land for public uses such as
schools, recreation, community facilities (such as childcare), and government services near
the people who use them." Including child care centers in the Public Facility Zone District
supports this comprehensive plan policy
Goal EA (Economic Development): "Ensure that there is a positive environment for small
businesses." Including child care centers in the Industrial Commercial Zone District supports
this goal by giving businesses and developers the option /opportunity to provide affordable
on -site day care for employees, which further enhances the environment for commercial
tenants
3. The text amendment promotes or implements the purposes stated in the Development Code;
Staff Response: This text amendment is intended to provide assurance to the community
that child care centers will be compatible with their locations and surrounding land uses; and
will further the purposes of the ADC. This text amendment is specifically endorsed by
Section 7.04.030 (g), Purposes, ADC, by promoting "sufficient, economical and high - quality
public services and public facilities."
4. The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts or other social or economic conditions.
Staff Response: In response to changing conditions and the proven compatibility of existing
child care facilities in the IC and PF zone districts, this amendment will provide additional
options for child care facilities in the community.
'Singer Penny, "Caring for Children at the Work Site." New York Times August 5, 1990.
February 14, 2012 Town Council Meeting — Ordinance 12 -02 First Reading Page 14
Recommendations
Staff recommends that the Town Council revise the PZC recommendations to strike subsections (2)(i)(A) and
(2)(iv) to remove the requirements that are redundant with other applicable State and Building Code
Regulations. If the Council is satisfied with the Staff and PZC recommendations and the proposed
amendments to the Development Code, Staff recommends approving the first reading of Ordinance No: 12 -02
and scheduling a public hearing and second reading of the Ordinance for February 28, 2012.
Town Manager Comments:
Attachments
A: Council Ordinance No. 12 -02
B: PZC Resolution No. 12 -01
C: Child Care Center State of Colorado Requirements 12 CCR 2509 -8
D: Town of Avon Official Zoning Map
February 14, 2012 Town Council Meeting — Ordinance 12 -02 First Reading Page 15
Attachment A
TOWN OF AVON, COLORADO
ORDINANCE 12 -02
SERIES OF 2012
AN ORDINANCE AMENDING TITLE 7 OF THE AVON DEVELOPMENT CODE TO
ALLOW CHILD CARE CENTERS AS SPECIAL REVIEW USES IN THE INDUSTRIAL
COMMERCIAL (IC) AND PUBLIC FACILITIES (PF) ZONE DISTRICTS, WITH
ADDITIONAL USE - SPECIFIC REGULATIONS
WHEREAS, the Town of Avon ( "Town") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the Town Council finds that the regulation of land use is a matter of local
concern; and
WHEREAS, the Town Council initiated an amendment to the text of the Town of Avon
zoning code in accordance with Section 17.28.020 of the Avon Municipal Code; and
WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public
hearing on January 2, 2012, after posting notice of such hearing in accordance with the
requirements of the Avon Municipal Code, and considered all comments provided before taking
action to make a recommendation to the Town Council; and
WHEREAS, the Town Council held a public hearing on February 28, 2012 after posting
notice of such hearing in accordance with the requirements of the Avon Municipal Code, and
considered all comments provided before taking action to make a recommendation to the Town
Council; and
WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the
citizens of the Town of Avon would be enhanced and promoted by the adoption of this
ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application and that approval of this Ordinance on first reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, the following:
Section 1 Recitals Incorporated The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Ord 12 -02 Amending the ADC re Special Uses
Page 1 of 4
Section 2 Amendment to Table 7..24 -1 Allowed Uses Table 7 -24 -1, Allowed Uses is
hereby amended to allow Child Care Centers, Preschool and Nursery school, and Child Care in
home as Special Review Uses in the Industrial Commercial (IC) and Public Facilities (PF) Zone
Districts, subject to Section 7.24.060(c).
Section 3 Amendment to Chanter 7.24 Use Regulations Section 7.24.060 Special
Review Uses is hereby repealed and reenacted in its entirety to read as follows:
(c) Public and Institutional Uses — Child Care Center
(1) All child care centers, regardless of type or size, shall meet the applicable
licensing requirements of the Colorado Statutes (C.R.S. §26 -6 -102 et. seq.) and
the Regulations of the Colorado Department Human Services (12 CCR 2509 -9).
(2) As a principle Use, the Child Care facility must meet the following standards:
(i) Outdoor Recreation Use.
(B) Not be closer than 15 feet to the edge of a vehicular public right -
of -way.
(C) Not be within a parking area.
(ii) Parking Areas and Vehicular Circulation Patterns:
(A) Assure the safety of children as they arrive at and leave the facility.
(B) Include a traffic management plan which includes a designated
pickup and delivery area.
(C) Locate all vehicle stacking lanes on site with an on -site turnaround
or have separate points for vehicle ingress and egress.
(iii) Outdoor Play Activities are subject to PZC approval and must be
compatible with surrounding land uses.
(3) As an accessory use the facility must meet the standards above, plus:
(i) Comply with Section 7.24.070, Accessory Uses and Structures; and
(ii) Be compatible with adjacent land uses in terms of hours of operation,
noise, lighting, parking and similar considerations.
(4) A child care center shall provide one off - street parking space per employee and a
child loading /unloading area of adequate dimensions, preferably off - street.
Ord 12 -02 Amending the ADC re Special Uses
Page 2 of 4
(5) Home day cares shall an adequate and safe drop off area which may be private
driveway or on the street providing that the drop off does not impede normal
neighborhood traffic flow or parking_
Section 4 Codification of Amendments The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 5 Severability If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6 Effective Date This Ordinance shall take effect thirty days after final adoption in
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7 Safety Clause The Town Council hereby finds, detennines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 8 No Existing Violation Affected Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
Ord 12 -02 Amending the ADC re Special Uses
Page 3 of 4
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 9. Publication by Posting The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 on
February 28, 2012 at the Council Chambers of the Avon Municipal Building, located at One
Lake Street, Avon, Colorado, on February 14, 2012.
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST: APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on February 28, 2012.
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 12 -02 Amending the ADC re Special Uses
Page 4 of 4
Attachment B
TOWN OF AVON, COLORADO
PLANNING AND ZONING COMMISSION RESOLUTION 12 -01
SERIES OF 2012
A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO TITLE 7
OF THE AVON DEVELOPMENT CODE; TO ALLOW CHILD CARE CENTERS AS
SPECIAL REVIEW USES IN THE INDUSTRIAL COMMERCIAL (IC) AND PUBLIC
FACILITIES (PF) ZONE DISTRIC'T'S, WITH ADDITIONAL USE - SPECIFIC
REGULATIONS
WHEREAS, on November 6. 2011 the Town Council initiated an amendment to the Avon
Development Code (ArC) to allow Child Care Centers as Special Review Uses in the Industrial
Commercial (IC), Public facilities (PF), and Open Space, Landscaping, and Drainage (OLD)
zone districts, in accordance with Section 7.16.040, Zoning Text Amendments, ADC; and
WHEREAS, the PIanning and Zoning Commission of the Town of Avon held a public
hearing on January 3, 2012 after publishing notice of such hearing in accordance with the
requirements of the ADC, and considered all comments provided before taking action to make a
recommendation to the Town Council; and
WHEREAS, it is the Planning and Zoning Commission's opinion that the amendments will
promote the health, safety and welfare of the citizens of the Town of Avon: and
WHEREAS, the Planning and Zoning Commission has considered the following review
criteria set forth in Section 7.16.040(c), Code Text Amendments, ADC:
1. The Text amendment promotes the health, safety and general welfare of the Avon
Community.;
2. The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
3. The text amendment promotes or implements the purposes stated in the Development
Code; or
4. The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts or other social or economic conditions.
NOW THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends that the Town Council of the Town of Avon approve the following
amendments to Title 7 of the Avon Municipal Code:
Table 7.24 -1 Allowed Uses
P= Permitted Use S =Special ReviewUse
Dis Vlcz at 0:— are retired and not available for rawnbig
Use Cat ore
Use 7
Residential
I -Non-Residential
R ��
Reol ti
RD
RL
RIi
RH
-�
tic
TG
SC
P
PF
is
OLD
Residential uses
Hoeisehold
Lrc7ag
Dwelli g Sat�la Fan !g
Jea.�,d
P
P
Bs�etldtg lw :Famrl} Dup1ez
P
P
P
oanhouse
P
P
P
P
P
Dwelling, Nl bdti -15miil
- Mel -
Pj13
P
P
P
P
I' Limited m
ti h units X
bnddine m RAi
Bssellmg, M
S
S
S
S
S
S
Ac essory L
S
S
S
a0up Erring
- rO awes
$
S
S
S
S
S
^. 24 M O (b)
Rearaarnt home, aurmg
hema or assimd H-'= -
S
S
S
S
S
S
.A,cccn=odaticn
BM Md 'turns
s
s
S
s
S
2
P
P
Lodging
P
P
P
Public andbmdnnional tses
Services
4rtgaler; ormus Mn
P
P
P
P
P
omtnunity cis
S
S
S
P
P
P
P
P
P
Library
P
%'i.4 S4 {a)
'OCernnl°.Ilt 4 ercitrs, D- a.M"f.^.^,„y^
� •.23�TlYS
P
P
P
14.454(2)
Posroi�ce branches
p
mow assembly
S
S
S
S
S
s
S
S
S
S
Dwcare
reschool
S
S
s
S
S
S
s
child care, Mhome
S
S
S
S
s
s
7-24.060(c)
chzd care seater
S
S
S
S
S
Fdwadonal
Fa.dThios
coll:.ge onmiv ezim {non-
}
S
P
S
p
g
�?�•054(a)
SaoI2I2
;! t' lr =a P&=)
P
P
P
P
P
P
g
"2J,454(a)
clmol d vo=ar21- t e`lMX21
aii2 rea°.
P
P
P
.24.050(a.)
Parma and op I
or bo=- -d omm
P
P
7.24.060 Special Review Uses
(c) Public and Institutional Uses — Child Care Center
(1) All child care centers, regardless of type or size, shall meet the applicable
licensing requirements of the Colorado Statutes (C.R.S. §26 -6 -102 et. seq.) and the Regulations
of the Colorado Department Human Services (12 CCR 2509 -9).
(2) As a principle Use. the Child Care facility must .meet the following standards:
A Outdoor Recreation Use.
) Be enclosed and be capable of containing each child using the area;
(ii) Not be closer than 15 feet to the edge of a vehicular public right-of-
w ay-
(iii) Not he within a parking area.
(3) Parking Areas and Vehicular Circulation Patterns:
(i) Assure the safety of children as the, arrive at and leave the facility
(ii) Include a traffic management plan which includes a designated pickup
and delivery area.
(iiil Locate all vehicle stacking lanes on site with an on -site turnaround or
have separate paints for vehicle ingress and egress ^�
L4� Outdoor Play Activities are subject to PZC approval and must be compatible with
surrounding land uses.
(5) If not located in a stand -alone building:
(i) The facility shall be located on the first floor of a principal structure:
and
(ii)_ The facility shall be separated (including restrooms) by a physical
barrier from the remaining portion of the building in which it is located
(6) As an accessary use the facility must meet the standards above plus:
() Comply with Section 7.24.070. Accessory Uses and Structures- and
(ii) Be compatible with adiacent land uses in terms of hours of operation
noise, li4htin parkim and similar considerations
(271 A child care center shall provide one off - street parking space per emplo and a
child loading/unloading area of adequate dimensions, preferably off-street.
(351 Home day cares shall an adequate and safe drop off area which may be private
driveway or on the street providing that the drop off does not impede normal
neighborhood traffic flow or parking,
ADOPTED THIS 3 DAY OF JANUARY, 2412.
SIGNED:
Chris Green, Chair
ATTEST_
r:
Scott Prince, Secretary
Attachment C
12 CCR 2509 -8
PROGRAM AREA 7 — CHILD CARE CENTERS/LESS THAN 24 -HOUR CARE 7.7uL — I. iu4
7.702.8 BUILDINGS AND FACILITIES
7.702.81 Building Site
A. General
1. Centers can be located in a private residence only when that portion of the residence to which children have
access is used exclusively for the care of children during the hours the center is in operation or is separate from
the living quarters of the family.
2. No other business can operate in the rooms used by the center during the hours of child care.
3. Rooms licensed for specific ages of children cannot be used for other ages of children without the prior written
approval of the licensing authority.
B. Infant Nursery
L The infant nursery must be located on the grade level.
2. If the infant nursery is in the same building as a facility caring for children of other ages, the infant
nursery must be physically separated in different rooms.
C. Toddler Nursery
L The toddler nursery must be located on grade level.
2. If the toddler nursery is combined with a large child care center or an infant nursery, toddler facilities,
both indoor and outdoor, must be completely separate from facilities for other age groups, except as
allowed by Section 7.702.83, B, 8 and 9. If the facility wishes to provide opportunities for a toddler to
have occasional contact with siblings, plans must be approved by the department licensing
representative.
3. A toddler nursery located in a drop -in child care center licensed for five (5) or fewer toddlers may be
separated from the rest of the center by a five (5) foot wall.
7.702.82 Building Plans and Construction
A. The center must comply with applicable state and local building code and zoning regulations.
B. Prior to construction, architectural plans for new buildings or for extensive remodeling of existing buildings must be
submitted for review and approval by the department, the local fire department, and the local building department as
to appropriateness, adequacy, and suitability for child care functions.
7.702.83 Space Requirements
A. Indoor Area Requirements
1. There must be open, indoor play space of at least 30 square feet of floor space per child, including space for
movable furniture and equipment. Indoor space must be exclusive of kitchen, toilet rooms, office, staff rooms,
hallways and stairways, closets, laundry, furnace rooms, and space occupied by permanent built -in cabinets and
permanent storage shelves inaccessible to children.
Child care centers in operation prior to January 1, 1966, and which continue operation under the same
governing body, must provide open indoor play space of at least 25 square feet of floor space per child,
including space for readily movable furniture and equipment, and with the exclusions noted in the preceding
paragraph.
2. Adequate storage space must be provided for indoor and outdoor equipment and supplies. Space for reserve
supplies must be in addition to the designated space allotment for children's play activities.
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12 CCR 2509 -8
PROGRAM AREA 7 — CHILD CARE CENTERS/LESS THAN 24 -HOUR CARE 7.702 — 7.704
3. There must be at least 1 diaper change area for each 20 or fewer children in need of diaper changing. Diaper
change areas must be located and arranged so as to provide privacy for older children in need of diaper
changing. See also Section 7.702.63, B.
4. Number of Children Allowed in One Room
AGES OF CHILDREN
MAXIMUM NUMBER OF CHILDREN IN A ROOM
6 weeks to 18 months
10 infants
12 months to 18 months
10 infants
12 months to 36 months
20 toddlers
18 months to 24 months
20 toddlers
24 months to 36 months
28 toddlers
L 30 months to 36 months
28 toddlers
Toddler centers licensedprior to 711189 are exemptfrom the room size requirement.
5. Square Footage Requirement per Child
AGES OF CHILD
SEPARATE
SEPARATE SLEEP AREA
COMBINED
FREE PLAY
SLEEP AND
AREA
PLAY AREA
6 weeks to 18 months
35 square feet
Adequate space to accommodate size of
50 square feet
infants
cribs and needs of infants and staff
12 months to 36 months
30 square feet
30 square feet
45 square feet
toddlers
2' /z years to 5 years
30 square feet
(p reschool )
5 years and over
30 square feet
school -a e
6. In the infant nursery, the minimum indoor space per infant for sleep and activities is 50 square feet This
space is exclusive of kitchen, toilet rooms, office, staff rooms, hallways and stairways, closets, laundry,
furnace rooms, and space occupied by permanent built -in cabinets and storage shelves.
a. If a separate sleep room is provided, it must have enough square footage that all babies and cribs are
easily accessible to staff members. The activity room must contain at least 35 square feet per child
b. If a combination sleep /activity room is used, the sleep area must be separated by a sturdy divider from
the area used for activities, and cribs must be arranged so that all babies and cribs are easily accessible
to staff members.
B. Outdoor Area Requirements
1. The center must provide an outdoor play area that is adjacent to or safely accessible to the indoor facilities.
When the area is not adjacent, staff members must accompany children to and from the play area. Drop -in child
care centers are not required to provide an outdoor play area.
2. The outdoor play area must provide a minimum of 75 square feet of space per child for a group of children
using the total play area at any one time. The total play area must accommodate at least 33 percent of the
licensed capacity of the center or a minimum of 1500 square feet, whichever is greater.
3. The play area must be fenced or have natural barriers, such as hedges or stationary walls at least 4 feet high, to
restrict children from unsafe areas.
4. The play area must be designed so that all parts are visible and easily supervised.
5. The playground area must have at least 2 different types of surfaces. Each type of surface must cover at least 10
percent of the playground area.
29 OF 34
12 CCR 2509 -8
PROGRAM AREA 7 — CHILD CARE CENTERS/LESS THAN 24 -HOUR CARE 7.702 — 7.704
6. A shaded area in the fenced play area of at least 150 square feet must be provided by means of trees or other
cover to guard children against the hazards of excessive sun and heat.
7. In the infant nursery, the outdoor play area must be a minimum of 400 square feet
8. In the infant nursery, the outdoor area can be used by other age groups at the center, but it must not be
used by any other group of children while infants are using it.
9. In the toddler nursery, the outdoor play area can be shared by infants, but infants and toddlers must not be
allowed to use the play area at the same time.
7.702.84 Food Preparation Area
A. See the "Rules and Regulations Governing the Sanitation of Child Care Centers in the State of Colorado."
B. Infant and Toddler Nurseries
L A table, counter, or shelf, separate from the diaper changing area, must be available for preparing infants'
and toddlers' food
2. The nursery mustprepare formula or food in the center's kitchen, or the nursery must have a second sink or
a covered commercial container with a spigotfor preparation of formula and food
7.702.85 Toilet Facilities
A. Toilet facilities for the staff and other adults must be in separate compartments or separated by a partition from
children's facilities, except in centers licensed for 30 or fewer children and in centers with programs of 4 hours or
less.
B. Toilet rooms for children must be separate from rooms used for other purposes and must be located on the same
floor as the inside play area.
C. A minimum of one (1) lavatory and one (1) flush toilet must be provided for each 15 or fewer children. Drop -in
child care centers must provide a minimum of one 1 lavatory and one 1 flush toilet for each 20 or fewer children.
D. The same toilet facilities must not be used simultaneously by school -age children of both sexes, and toilets for
school -age children must be separated by partitions to provide privacy.
E. Toilet facilities are not required for children under 2 years of age.
F. Toilet facilities must be provided for children 2 years of age and older.
G. Toilet rooms for children must be located within the toddler nursery, except that drop -in child care centers need
not provide a toilet in the toddler nursery if the facility is licensed for ten (10) or fewer toddlers. A diaper change
table and hand washing sink is required in every toddler nursery.
7.702.86 Office Facilities
A. Office space separate from areas used by children, other than for isolation purposes, must be provided for staff to
perform administrative duties.
B. The office must have sufficient space for maintenance and safe storage of children's and staff records and the
center's business records.
7.702.9 FIRE AND OTHER SAFETY REQUIREMENTS
7.702.91 General Requirements
A. Buildings must be kept in good repair and maintained in a safe condition.
B. Major cleaning is prohibited in rooms occupied by children.
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